		IIB
		112th CONGRESS
		2d Session
		H. R. 3523
		IN THE SENATE OF THE UNITED
		  STATES

			May 7, 2012
			Received; read twice and referred to the
			 Select Committee on
			 Intelligence

		AN ACT
		To provide for the sharing of certain cyber
		  threat intelligence and cyber threat information between the intelligence
		  community and cybersecurity entities, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Cyber Intelligence Sharing and
			 Protection Act.
		2.Cyber threat
			 intelligence and information sharing
			(a)In
			 generalTitle XI of the
			 National Security Act of 1947 (50 U.S.C. 442 et seq.) is amended by
			 adding at the end the following new section:

					1104.Cyber threat intelligence and information
		  sharing(a)Intelligence community
				sharing of cyber threat intelligence with private sector and utilities
							(1)In
				generalThe Director of
				National Intelligence shall establish procedures to allow elements of the
				intelligence community to share cyber threat intelligence with private-sector
				entities and utilities and to encourage the sharing of such
				intelligence.
							(2)Sharing and use
				of classified intelligenceThe procedures established under
				paragraph (1) shall provide that classified cyber threat intelligence may only
				be—
								(A)shared by an element of the intelligence
				community with—
									(i)certified
				entities; or
									(ii)a
				person with an appropriate security clearance to receive such cyber threat
				intelligence;
									(B)shared consistent
				with the need to protect the national security of the United States; and
								(C)used by a certified entity in a manner
				which protects such cyber threat intelligence from unauthorized
				disclosure.
								(3)Security
				clearance approvalsThe Director of National Intelligence shall
				issue guidelines providing that the head of an element of the intelligence
				community may, as the head of such element considers necessary to carry out
				this subsection—
								(A)grant a security
				clearance on a temporary or permanent basis to an employee or officer of a
				certified entity;
								(B)grant a security
				clearance on a temporary or permanent basis to a certified entity and approval
				to use appropriate facilities; and
								(C)expedite the
				security clearance process for a person or entity as the head of such element
				considers necessary, consistent with the need to protect the national security
				of the United States.
								(4)No right or
				benefitThe provision of
				information to a private-sector entity or a utility under this subsection shall
				not create a right or benefit to similar information by such entity or such
				utility or any other private-sector entity or utility.
							(5)Restriction on
				disclosure of cyber threat intelligenceNotwithstanding any other provision of law,
				a certified entity receiving cyber threat intelligence pursuant to this
				subsection shall not further disclose such cyber threat intelligence to another
				entity, other than to a certified entity or other appropriate agency or
				department of the Federal Government authorized to receive such cyber threat
				intelligence.
							(b)Use of
				cybersecurity systems and sharing of cyber threat information
							(1)In
				general
								(A)Cybersecurity
				providersNotwithstanding any other provision of law, a
				cybersecurity provider, with the express consent of a protected entity for
				which such cybersecurity provider is providing goods or services for
				cybersecurity purposes, may, for cybersecurity purposes—
									(i)use cybersecurity systems to identify and
				obtain cyber threat information to protect the rights and property of such
				protected entity; and
									(ii)share such cyber threat information with
				any other entity designated by such protected entity, including, if
				specifically designated, the Federal Government.
									(B)Self-protected
				entitiesNotwithstanding any other provision of law, a
				self-protected entity may, for cybersecurity purposes—
									(i)use cybersecurity systems to identify and
				obtain cyber threat information to protect the rights and property of such
				self-protected entity; and
									(ii)share such cyber
				threat information with any other entity, including the Federal
				Government.
									(2)Sharing with the
				Federal Government
								(A)Information
				shared with the National Cybersecurity and Communications Integration Center of
				the Department of Homeland SecuritySubject to the use and
				protection of information requirements under paragraph (3), the head of a
				department or agency of the Federal Government receiving cyber threat
				information in accordance with paragraph (1) shall provide such cyber threat
				information to the National Cybersecurity and Communications Integration Center
				of the Department of Homeland Security.
								(B)Request to share
				with another department or agency of the Federal GovernmentAn
				entity sharing cyber threat information that is provided to the National
				Cybersecurity and Communications Integration Center of the Department of
				Homeland Security under subparagraph (A) or paragraph (1) may request the head
				of such Center to, and the head of such Center may, provide such information to
				another department or agency of the Federal Government.
								(3)Use and
				protection of informationCyber threat information shared in
				accordance with paragraph (1)—
								(A)shall only be
				shared in accordance with any restrictions placed on the sharing of such
				information by the protected entity or self-protected entity authorizing such
				sharing, including appropriate anonymization or minimization of such
				information;
								(B)may not be used by
				an entity to gain an unfair competitive advantage to the detriment of the
				protected entity or the self-protected entity authorizing the sharing of
				information;
								(C)if shared with the
				Federal Government—
									(i)shall be exempt
				from disclosure under section 552 of title 5, United States
				Code;
									(ii)shall be
				considered proprietary information and shall not be disclosed to an entity
				outside of the Federal Government except as authorized by the entity sharing
				such information;
									(iii)shall not be
				used by the Federal Government for regulatory purposes;
									(iv)shall not be provided by the department or
				agency of the Federal Government receiving such cyber threat information to
				another department or agency of the Federal Government under paragraph (2)(A)
				if—
										(I)the entity providing such information
				determines that the provision of such information will undermine the purpose
				for which such information is shared; or
										(II)unless otherwise
				directed by the President, the head of the department or agency of the Federal
				Government receiving such cyber threat information determines that the
				provision of such information will undermine the purpose for which such
				information is shared; and
										(v)shall be handled
				by the Federal Government consistent with the need to protect sources and
				methods and the national security of the United States; and
									(D)shall be exempt from disclosure under a
				State, local, or tribal law or regulation that requires public disclosure of
				information by a public or quasi-public entity.
								(4)Exemption from
				liabilityNo civil or
				criminal cause of action shall lie or be maintained in Federal or State court
				against a protected entity, self-protected entity, cybersecurity provider, or
				an officer, employee, or agent of a protected entity, self-protected entity, or
				cybersecurity provider, acting in good faith—
								(A)for using cybersecurity systems to identify
				or obtain cyber threat information or for sharing such information in
				accordance with this section; or
								(B)for decisions made based on cyber threat
				information identified, obtained, or shared under this section.
								(5)Relationship to
				other laws requiring the disclosure of informationThe submission
				of information under this subsection to the Federal Government shall not
				satisfy or affect—
								(A)any requirement under any other provision
				of law for a person or entity to provide information to the Federal Government;
				or
								(B)the applicability of other provisions of
				law, including section
				552 of title 5, United States Code (commonly known as the
				Freedom of Information Act), with respect to information
				required to be provided to the Federal Government under such other provision of
				law.
								(c)Federal
				Government use of information
							(1)LimitationThe Federal Government may use cyber threat
				information shared with the Federal Government in accordance with subsection
				(b)—
								(A)for cybersecurity
				purposes;
								(B)for the
				investigation and prosecution of cybersecurity crimes;
								(C)for the protection
				of individuals from the danger of death or serious bodily harm and the
				investigation and prosecution of crimes involving such danger of death or
				serious bodily harm;
								(D)for the protection of minors from child
				pornography, any risk of sexual exploitation, and serious threats to the
				physical safety of such minor, including kidnapping and trafficking and the
				investigation and prosecution of crimes involving child pornography, any risk
				of sexual exploitation, and serious threats to the physical safety of minors,
				including kidnapping and trafficking, and any crime referred to in 2258A(a)(2)
				of title 18, United States Code; or
								(E)to protect the
				national security of the United States.
								(2)Affirmative
				search restrictionThe Federal Government may not affirmatively
				search cyber threat information shared with the Federal Government under
				subsection (b) for a purpose other than a purpose referred to in paragraph
				(1)(B).
							(3)Anti-tasking
				restrictionNothing in this section shall be construed to permit
				the Federal Government to—
								(A)require a
				private-sector entity to share information with the Federal Government;
				or
								(B)condition the
				sharing of cyber threat intelligence with a private-sector entity on the
				provision of cyber threat information to the Federal Government.
								(4)Protection of
				sensitive personal documentsThe Federal Government may not use the
				following information, containing information that identifies a person, shared
				with the Federal Government in accordance with subsection (b):
								(A)Library
				circulation records.
								(B)Library patron
				lists.
								(C)Book sales
				records.
								(D)Book customer
				lists.
								(E)Firearms sales
				records.
								(F)Tax return
				records.
								(G)Educational
				records.
								(H)Medical
				records.
								(5)Notification of
				non-cyber threat informationIf a department or agency of the Federal
				Government receiving information pursuant to subsection (b)(1) determines that
				such information is not cyber threat information, such department or agency
				shall notify the entity or provider sharing such information pursuant to
				subsection (b)(1).
							(6)Retention and
				use of cyber threat informationNo department or agency of the Federal
				Government shall retain or use information shared pursuant to subsection (b)(1)
				for any use other than a use permitted under subsection (c)(1).
							(7)Protection of
				individual informationThe
				Federal Government may, consistent with the need to protect Federal systems and
				critical information infrastructure from cybersecurity threats and to mitigate
				such threats, undertake reasonable efforts to limit the impact on privacy and
				civil liberties of the sharing of cyber threat information with the Federal
				Government pursuant to this subsection.
							(d)Federal
				Government liability for violations of restrictions on the disclosure, use, and
				protection of voluntarily shared information
							(1)In
				generalIf a department or agency of the Federal Government
				intentionally or willfully violates subsection (b)(3)(C) or subsection (c) with
				respect to the disclosure, use, or protection of voluntarily shared cyber
				threat information shared under this section, the United States shall be liable
				to a person adversely affected by such violation in an amount equal to the sum
				of—
								(A)the actual damages
				sustained by the person as a result of the violation or $1,000, whichever is
				greater; and
								(B)the costs of the
				action together with reasonable attorney fees as determined by the
				court.
								(2)VenueAn
				action to enforce liability created under this subsection may be brought in the
				district court of the United States in—
								(A)the district in
				which the complainant resides;
								(B)the district in
				which the principal place of business of the complainant is located;
								(C)the district in
				which the department or agency of the Federal Government that disclosed the
				information is located; or
								(D)the District of
				Columbia.
								(3)Statute of
				limitationsNo action shall
				lie under this subsection unless such action is commenced not later than two
				years after the date of the violation of subsection (b)(3)(C) or subsection (c)
				that is the basis for the action.
							(4)Exclusive cause
				of actionA cause of action
				under this subsection shall be the exclusive means available to a complainant
				seeking a remedy for a violation of subsection (b)(3)(C) or subsection
				(c).
							(e)Report on
				information sharing
							(1)ReportThe
				Inspector General of the Intelligence Community shall annually submit to the
				congressional intelligence committees a report containing a review of the use
				of information shared with the Federal Government under this section,
				including—
								(A)a review of the
				use by the Federal Government of such information for a purpose other than a
				cybersecurity purpose;
								(B)a review of the
				type of information shared with the Federal Government under this
				section;
								(C)a review of the
				actions taken by the Federal Government based on such information;
								(D)appropriate
				metrics to determine the impact of the sharing of such information with the
				Federal Government on privacy and civil liberties, if any;
								(E)a list of the department or agency
				receiving such information;
								(F)a review of the
				sharing of such information within the Federal Government to identify
				inappropriate stovepiping of shared information; and
								(G)any
				recommendations of the Inspector General for improvements or modifications to
				the authorities under this section.
								(2)FormEach
				report required under paragraph (1) shall be submitted in unclassified form,
				but may include a classified annex.
							(f)Federal
				preemptionThis section supersedes any statute of a State or
				political subdivision of a State that restricts or otherwise expressly
				regulates an activity authorized under subsection (b).
						(g)Savings
				clauses
							(1)Existing
				authoritiesNothing in this section shall be construed to limit
				any other authority to use a cybersecurity system or to identify, obtain, or
				share cyber threat intelligence or cyber threat information.
							(2)Limitation on
				military and intelligence community involvement in private and public sector
				cybersecurity effortsNothing
				in this section shall be construed to provide additional authority to, or
				modify an existing authority of, the Department of Defense or the National
				Security Agency or any other element of the intelligence community to control,
				modify, require, or otherwise direct the cybersecurity efforts of a
				private-sector entity or a component of the Federal Government or a State,
				local, or tribal government.
							(3)Information
				sharing relationshipsNothing in this section shall be construed
				to—
								(A)limit or modify an
				existing information sharing relationship;
								(B)prohibit a new
				information sharing relationship;
								(C)require a new
				information sharing relationship between the Federal Government and a
				private-sector entity; or
								(D)modify the
				authority of a department or agency of the Federal Government to protect
				sources and methods and the national security of the United States.
								(4)Limitation on
				Federal Government use of cybersecurity systemsNothing in this section shall be construed
				to provide additional authority to, or modify an existing authority of, any
				entity to use a cybersecurity system owned or controlled by the Federal
				Government on a private-sector system or network to protect such private-sector
				system or network.
							(5)No liability for
				non-participationNothing in
				this section shall be construed to subject a protected entity, self-protected
				entity, cyber security provider, or an officer, employee, or agent of a
				protected entity, self-protected entity, or cybersecurity provider, to
				liability for choosing not to engage in the voluntary activities authorized
				under this section.
							(6)Use and
				retention of informationNothing in this section shall be construed
				to authorize, or to modify any existing authority of, a department or agency of
				the Federal Government to retain or use information shared pursuant to
				subsection (b)(1) for any use other than a use permitted under subsection
				(c)(1).
							(h)DefinitionsIn
				this section:
							(1)AvailabilityThe term availability means
				ensuring timely and reliable access to and use of information.
							(2)Certified
				entityThe term certified entity means a protected
				entity, self-protected entity, or cybersecurity provider that—
								(A)possesses or is
				eligible to obtain a security clearance, as determined by the Director of
				National Intelligence; and
								(B)is able to
				demonstrate to the Director of National Intelligence that such provider or such
				entity can appropriately protect classified cyber threat intelligence.
								(3)ConfidentialityThe term confidentiality
				means preserving authorized restrictions on access and disclosure, including
				means for protecting personal privacy and proprietary information.
							(4)Cyber threat
				information
								(A)In
				GeneralThe term cyber threat information means
				information directly pertaining to—
									(i)a
				vulnerability of a system or network of a government or private entity;
									(ii)a threat to the integrity, confidentiality,
				or availability of a system or network of a government or private entity or any
				information stored on, processed on, or transiting such a system or
				network;
									(iii)efforts to deny access to or degrade,
				disrupt, or destroy a system or network of a government or private entity;
				or
									(iv)efforts to gain unauthorized access to a
				system or network of a government or private entity, including to gain such
				unauthorized access for the purpose of exfiltrating information stored on,
				processed on, or transiting a system or network of a government or private
				entity.
									(B)ExclusionSuch term does not include information pertaining to efforts to gain
				unauthorized access to a system or network of a government or private entity
				that solely involve violations of consumer terms of service or consumer
				licensing agreements and do not otherwise constitute unauthorized
				access.
								(5)Cyber threat
				intelligence
								(A)In
				generalThe term cyber threat intelligence means
				intelligence in the possession of an element of the intelligence community
				directly pertaining to—
									(i)a
				vulnerability of a system or network of a government or private entity;
									(ii)a threat to the integrity, confidentiality,
				or availability of a system or network of a government or private entity or any
				information stored on, processed on, or transiting such a system or
				network;
									(iii)efforts to deny access to or degrade,
				disrupt, or destroy a system or network of a government or private entity;
				or
									(iv)efforts to gain unauthorized access to a
				system or network of a government or private entity, including to gain such
				unauthorized access for the purpose of exfiltrating information stored on,
				processed on, or transiting a system or network of a government or private
				entity.
									(B)ExclusionSuch term does not include intelligence pertaining to efforts to gain
				unauthorized access to a system or network of a government or private entity
				that solely involve violations of consumer terms of service or consumer
				licensing agreements and do not otherwise constitute unauthorized
				access.
								(6)Cybersecurity
				crimeThe term
				cybersecurity crime means—
								(A)a crime under a
				Federal or State law that involves—
									(i)efforts to deny
				access to or degrade, disrupt, or destroy a system or network;
									(ii)efforts to gain
				unauthorized access to a system or network; or
									(iii)efforts to
				exfiltrate information from a system or network without authorization;
				or
									(B)the violation of a
				provision of Federal law relating to computer crimes, including a violation of
				any provision of title 18, United States Code, created or amended by the
				Computer Fraud and Abuse Act of 1986 (Public Law 99–474).
								(7)Cybersecurity
				providerThe term cybersecurity provider means a
				non-governmental entity that provides goods or services intended to be used for
				cybersecurity purposes.
							(8)Cybersecurity
				purpose
								(A)In
				generalThe term
				cybersecurity purpose means the purpose of ensuring the
				integrity, confidentiality, or availability of, or safeguarding, a system or
				network, including protecting a system or network from—
									(i)a
				vulnerability of a system or network;
									(ii)a threat to the integrity, confidentiality,
				or availability of a system or network or any information stored on, processed
				on, or transiting such a system or network;
									(iii)efforts to deny access to or degrade,
				disrupt, or destroy a system or network; or
									(iv)efforts to gain unauthorized access to a
				system or network, including to gain such unauthorized access for the purpose
				of exfiltrating information stored on, processed on, or transiting a system or
				network.
									(B)ExclusionSuch term does not include the purpose of protecting a system or network from
				efforts to gain unauthorized access to such system or network that solely
				involve violations of consumer terms of service or consumer licensing
				agreements and do not otherwise constitute unauthorized access.
								(9)Cybersecurity
				system
								(A)In
				generalThe term
				cybersecurity system means a system designed or employed to
				ensure the integrity, confidentiality, or availability of, or safeguard, a
				system or network, including protecting a system or network from—
									(i)a
				vulnerability of a system or network;
									(ii)a threat to the integrity, confidentiality,
				or availability of a system or network or any information stored on, processed
				on, or transiting such a system or network;
									(iii)efforts to deny access to or degrade,
				disrupt, or destroy a system or network; or
									(iv)efforts to gain unauthorized access to a
				system or network, including to gain such unauthorized access for the purpose
				of exfiltrating information stored on, processed on, or transiting a system or
				network.
									(B)ExclusionSuch term does not include a system designed or employed to protect a system or
				network from efforts to gain unauthorized access to such system or network that
				solely involve violations of consumer terms of service or consumer licensing
				agreements and do not otherwise constitute unauthorized access.
								(10)IntegrityThe term integrity means
				guarding against improper information modification or destruction, including
				ensuring information nonrepudiation and authenticity.
							(11)Protected
				entityThe term protected entity means an entity,
				other than an individual, that contracts with a cybersecurity provider for
				goods or services to be used for cybersecurity purposes.
							(12)Self-protected
				entityThe term self-protected entity means an
				entity, other than an individual, that provides goods or services for
				cybersecurity purposes to itself.
							(13)UtilityThe term utility means an
				entity providing essential services (other than law enforcement or regulatory
				services), including electricity, natural gas, propane, telecommunications,
				transportation, water, or wastewater
				services.
							.
			(b)Procedures and
			 guidelinesThe Director of National Intelligence shall—
				(1)not later than 60 days after the date of
			 the enactment of this Act, establish procedures under paragraph (1) of section
			 1104(a) of the National Security Act of 1947, as added by subsection (a) of
			 this section, and issue guidelines under paragraph (3) of such section
			 1104(a);
				(2)in establishing such procedures and issuing
			 such guidelines, consult with the Secretary of Homeland Security to ensure that
			 such procedures and such guidelines permit the owners and operators of critical
			 infrastructure to receive all appropriate cyber threat intelligence (as defined
			 in section 1104(h)(3) of such Act, as added by subsection (a)) in the
			 possession of the Federal Government; and
				(3)following the
			 establishment of such procedures and the issuance of such guidelines,
			 expeditiously distribute such procedures and such guidelines to appropriate
			 departments and agencies of the Federal Government, private-sector entities,
			 and utilities (as defined in section 1104(h)(9) of such Act, as added by
			 subsection (a)).
				(c)Initial
			 reportThe first report required to be submitted under subsection
			 (e) of section 1104 of the National Security Act of 1947, as added by
			 subsection (a) of this section, shall be submitted not later than 1 year after
			 the date of the enactment of this Act.
			(d)Table of
			 contents amendmentThe table
			 of contents in the first section of the National Security Act of 1947 is
			 amended by adding at the end the following new item:

						Sec. 1104. Cyber threat intelligence and
				information
				sharing.

					.
			3.SunsetEffective on the date that is 5 years after
			 the date of the enactment of this Act—
			(1)section 1104 of
			 the National Security Act of 1947, as added by section 2(a) of this Act, is
			 repealed; and
			(2)the table of
			 contents in the first section of the National Security Act of 1947, as amended
			 by section 2(d) of this Act, is amended by striking the item relating to
			 section 1104, as added by such section 2(d).

			Passed the House of
			 Representatives April 26, 2012.
			Karen L. Haas,
			Clerk


109 HR 2457 IH: Employee Ownership Opportunity Act
U.S. House of Representatives
2005-05-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 2457
IN THE HOUSE OF REPRESENTATIVES

May 18, 2005
Mr. Sanders (for himself, Mr. Manzullo, Mrs. Maloney, Mr. Rohrabacher, and Ms. Lee) introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To amend the Community Reinvestment Act of 1977 to allow community reinvestment credit for investments and other financial support to enable employees to establish certain employee stock ownership plans or eligible worker owned cooperatives.

1.Short titleThis Act may be cited as the Employee Ownership Opportunity Act.
2.Community reinvestment creditSection 804 of the Community Reinvestment Act of 1977 (12 U.S.C. 2903) is amended by adding at the end the following new subsection:

(d)Establishment of esops and ewocsIn assessing and taking into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency shall consider as a factor capital investments, loans, loan participation, technical assistance, and grants by the institution to support or enable employees to establish employee stock ownership plans or eligible worker owned cooperatives that are at least 51 percent employee-owned plans or cooperatives and employ low- to moderate-income workers..


		I
		111th CONGRESS
		2d Session
		H. R. 6344
		IN THE HOUSE OF REPRESENTATIVES

			September 29, 2010
			Mr. Inslee (for
			 himself and Mr. Baird) introduced the
			 following bill; which was referred to the Committee on Science and
			 Technology

		A BILL
		To promote the research, development, demonstration, and
		  commercial application of marine and hydrokinetic renewable energy
		  technologies, to identify the potential environmental impacts of these
		  technologies and ways to address these impacts, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Marine and Hydrokinetic Renewable
			 Energy Promotion Act of 2010.
		2.Definitions
			(a)In
			 generalFor the purposes of
			 this Act—
				(1)the term
			 marine and hydrokinetic renewable energy has the meaning given
			 that term in section 632 of the Energy Independence and Security Act of 2007
			 (42 U.S.C. 17211); and
				(2)the term
			 Secretary means the Secretary of Energy.
				(b)AmendmentSection 632 of the Energy Independence and
			 Security Act of 2007 (42 U.S.C. 17211) is amended to read as follows:

					632.DefinitionFor the purposes of this subtitle the term
				marine and hydrokinetic renewable energy means energy
				from—
						(1)waves, tides, and
				currents in oceans, estuaries, and tidal areas;
						(2)free flowing water
				in rivers, lakes, man-made water systems, and streams;
						(3)salinity
				gradients; and
						(4)water temperature
				gradients, including ocean thermal energy conversion.
						The term
				marine and hydrokinetic renewable energy does not include energy
				from any source that uses a dam, diversionary structure, or impoundment for
				electric power
				purposes..
			3.Research,
			 development, demonstration, and commercial application programSection 633(a) of the Energy Independence
			 and Security Act of 2007 (42 U.S.C. 17212(a)) is amended to read as
			 follows:

				(a)Establishment of
				program
					(1)In
				generalThe Secretary, in
				consultation with the Secretary of Commerce, acting through the Administrator
				of the National Oceanic and Atmospheric Administration, shall establish a
				program of marine and hydrokinetic renewable energy technology research,
				development, demonstration, and commercial application, which shall include
				activities to address the following:
						(A)Testing
				technologies, devices, and systems at a variety of scales to facilitate their
				commercial application.
						(B)Identifying, assessing, and finding ways to
				avoid and minimize environmental impacts potentially arising from marine and
				hydrokinetic renewable energy technologies.
						(C)Establishing and
				expanding test centers and facilities.
						(D)Reducing the manufacturing, installation,
				operation, and maintenance costs of technologies.
						(E)Increasing
				performance, reliability, and survivability of technologies, devices, systems,
				and facilities.
						(F)Integrating
				technologies into the national electric grid.
						(G)Identifying,
				developing, demonstrating, and transferring to the private sector advanced
				systems engineering and system integration methods to identify critical
				interfaces.
						(H)Developing numerical and physical tools,
				including models and monitoring technologies, to assist industry in device and
				system design and operation.
						(I)Determining the potential availability,
				extractability, and cost-effectiveness of marine and hydrokinetic renewable
				energy generation in the United States.
						(J)Supporting
				material sciences, including the development of corrosive-resistant
				materials.
						(K)Designing and
				developing evaluation and performance standards domestically and with
				international partners.
						(L)Applying model predictions of relevant
				oceanic and atmospheric variables on time scales necessary for development and
				operation of marine and hydrokinetic renewable energy technologies, including
				for integration onto the electricity grid.
						(M)Identifying
				opportunities to transfer knowledge from existing marine and other industries
				to technology developers.
						(N)Identifying opportunities and benefits from
				colocated development of multiple renewable energy technologies or other
				activities.
						(O)Identifying the potential impacts on
				navigation of marine and hydrokinetic renewable energy technologies, and
				identifying measures to avoid and minimize adverse impacts on these
				uses.
						(P)Improving interagency collaboration to
				address challenges associated with the development of marine and hydrokinetic
				renewable energy technologies.
						(Q)Any other area of
				marine and hydrokinetic renewable energy technology development that the
				Secretary considers appropriate.
						(2)SeparationThe
				program established under paragraph (1) shall be separate from the Wind and
				Hydropower Program at the Department of
				Energy.
					.
		4.Energy generation
			 technology demonstration grants
			(a)In
			 generalIn carrying out
			 section 633 of the Energy Independence and Security Act of 2007 (42 U.S.C.
			 17212), the Secretary shall establish a competitive marine and hydrokinetic
			 renewable energy technology demonstration grant program to—
				(1)verify the
			 performance, reliability, maintainability, environmental impact, and cost of
			 technology components, devices, and system designs in an operating environment;
			 and
				(2)facilitate the
			 commercial application of technology components, devices, and systems at a
			 variety of scales.
				(b)ActivitiesActivities
			 that may be funded under this section include the following:
				(1)Providing stakeholders and industry with an
			 opportunity to test and evaluate, including by connecting to the national
			 electrical grid, marine and hydrokinetic renewable energy technologies at a
			 variety of scales, including full-scale prototypes.
				(2)Documenting and communicating technical,
			 environmental and, economic information from projects for the benefit of
			 utilities, independent power producers, other nonutility generators, device
			 suppliers, and other stakeholders.
				(3)Obtaining operating, maintenance, and cost
			 data sufficiently rigorous to evaluate demonstrated technologies, components,
			 devices, and systems.
				(4)Providing information to the public on
			 potential positive and negative environmental impacts, effective monitoring
			 techniques, and engineering design improvements to reduce environmental impacts
			 throughout demonstration projects.
				(5)Conducting research, development, and
			 monitoring activities necessary to support the demonstration project.
				5.Environmental
			 research, development, and demonstration grantsIn carrying out section 633 of the Energy
			 Independence and Security Act of 2007 (42 U.S.C. 17212), the Secretary shall
			 establish a competitive research, development, and demonstration grant program
			 to identify, assess, and find ways to avoid and minimize environmental impacts
			 potentially arising from marine and hydrokinetic renewable energy technologies,
			 devices, and systems. The program shall—
			(1)measure such
			 potential impacts;
			(2)evaluate any environmental risks associated
			 with marine and hydrokinetic renewable energy technologies, devices, and
			 systems;
			(3)research and evaluate the effectiveness of
			 strategies, including adaptive management, to avoid, minimize, or eliminate
			 such potential impacts;
			(4)develop and
			 demonstrate monitoring and other technologies needed to identify such potential
			 impacts;
			(5)support baseline
			 environmental research, including ecological characterization of marine
			 ecosystems, for specific demonstration projects;
			(6)facilitate
			 public-private cooperation, including identification and assessment of relevant
			 existing private sector technologies; and
			(7)communicate and disseminate to the public
			 information generated from a grant awarded under this section to aid in
			 efficient and environmentally responsible technology development, except to the
			 extent that the information is protected from disclosure under applicable
			 law.
			6.Test
			 facilities
			(a)In
			 generalIn carrying out
			 section 633(a)(1)(C) of the Energy Independence and Security Act of 2007 (42
			 U.S.C. 17212(a)(1)(C)), not later than 180 days after the date of enactment of
			 this Act, the Secretary shall award competitive grants to support 3 or more
			 geographically dispersed marine and hydrokinetic renewable energy technology
			 research, development, and demonstration test facilities for the demonstration
			 of multiple technologies in actual operating environments. These grants may
			 support modification of an existing facility, including a Center established
			 under section 634 of the Energy Independence and Security Act of 2007 (42
			 U.S.C. 17213), or construction of a new test facility.
			(b)Program
			 objectivesIn awarding grants under this section, the Secretary
			 shall provide for—
				(1)the demonstration
			 of a variety of technologies at each test facility;
				(2)the demonstration
			 of a variety of technologies among all of the test facilities established;
			 and
				(3)the demonstration
			 of technologies at a variety of scales.
				(c)ActivitiesEach
			 test facility established under this section shall—
				(1)provide
			 infrastructure and resources for the evaluation and technical viability testing
			 of marine and hydrokinetic renewable energy technologies; and
				(2)conduct and support research, development,
			 and demonstration activities with respect to marine and hydrokinetic renewable
			 energy technologies, including in support of the program and activities
			 described in sections 4 and 5.
				(d)ApplicantsAn
			 applicant for a grant under this section shall be a nonprofit institution,
			 State or local government, institution of higher education, National
			 Laboratory, or Center established under section 634 of the Energy Independence
			 and Security Act of 2007 (42 U.S.C. 17213), which can demonstrate to the
			 satisfaction of the Secretary the ability and intention to—
				(1)combine expertise
			 from relevant academic fields, including those related to the environment,
			 marine sciences, energy, and electrical, mechanical, and civil engineering;
			 and
				(2)partner with other
			 entities that have expertise in advancing marine and hydrokinetic renewable
			 energy technologies.
				(e)Maximum
			 amountThe Secretary shall provide no more than a total of
			 $50,000,000 in Federal assistance, under this or any other Act, for each test
			 facility.
			(f)AmendmentsSection
			 634 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17213) is
			 amended—
				(1)in subsection (a),
			 by striking marine renewable energy technologies and inserting
			 marine and hydrokinetic renewable energy technologies;
			 and
				(2)by amending
			 subsection (b) to read as follows:

						(b)PurposesThe
				Centers shall advance research, development, demonstration, and commercial
				application of marine and hydrokinetic renewable energy technologies
				and—
							(1)shall serve as
				information clearinghouses for the marine and hydrokinetic renewable energy
				industry, collecting and disseminating information on best practices in all
				areas related to developing and managing marine and hydrokinetic renewable
				energy technologies; and
							(2)may serve as
				technology test facilities established under section 6 of the
				Marine and Hydrokinetic Renewable Energy
				Promotion Act of
				2010.
							.
				7.Organization and
			 administration of programs
			(a)Coordination and
			 nonduplicationIn carrying out this Act the Secretary shall
			 coordinate and avoid duplication of activities across programs of the
			 Department of Energy and with other relevant Federal agencies, including with
			 those of the National Laboratories.
			(b)CollaborationIn carrying out this Act the Secretary
			 shall collaborate with industry, stakeholders, the National Laboratories, other
			 relevant Federal agencies, relevant academic institutions, and international
			 bodies with relevant scientific expertise.
			(c)Public
			 availabilityThe Secretary
			 shall obtain from the recipient of assistance under this Act and make available
			 to the public, through Department websites, reports, and databases, any
			 research, development, demonstration, and commercial application information
			 generated with respect to the technology supported under this Act, including
			 information discovered after the completion of activities supported under this
			 Act, except to the extent that the information is protected from disclosure
			 under section 552(b) of title 5, United States Code.
			(d)Report to
			 congressNot later than 1 year after the date of enactment of
			 this Act, and at least once every 2 years thereafter, the Secretary shall
			 transmit to the Congress a report on the findings and activities under this
			 Act.
			8.Authorization of
			 appropriationsThere are
			 authorized to be appropriated to the Secretary to carry out this Act—
			(1)$200,000,000 for
			 fiscal year 2011, to remain available until expended, of which—
				(A)$40,000,000 shall be for carrying out
			 section 4;
				(B)$40,000,000 shall be for carrying out
			 section 5; and
				(C)$100,000,000 shall be for carrying out
			 section 6; and
				(2)$150,000,000 for each of fiscal years 2012
			 through 2015, to remain available until expended, of which—
				(A)$70,000,000 shall be for carrying out
			 section 4; and
				(B)$60,000,000 shall be for carrying out
			 section 5.


113 HR 4533 IH: NSA Internal Watchdog Act
U.S. House of Representatives
2014-04-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4533
		IN THE HOUSE OF REPRESENTATIVES

			April 30, 2014
			Mr. Cooper (for himself, Mr. Smith of Texas, and Mr. Himes) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committees on the Judiciary and Select Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To amend the Inspector General Act of 1978 to provide for the Inspector General of the National
			 Security Agency to be appointed by the President, by and with the advice
			 and consent of the Senate, and for other purposes.

		1.Short titleThis Act may be cited as the NSA Internal Watchdog Act.
		2.Inspector General of the National Security Agency
			(a)Elevation of Inspector General statusThe Inspector General Act of 1978 (5 U.S.C. App.) is amended—
				(1)in section 8G(a)(2), by striking the National Security Agency,; and
				(2)in section 12—
					(A)in paragraph (1), by inserting the National Security Agency, after the Federal Emergency Management Agency,; and
					(B)in paragraph (2), by inserting the National Security Agency, after the National Aeronautics and Space Administration,.
					(b)Date of appointmentNot later than 90 days after the date of the enactment of this Act, the President shall nominate a
			 person for appointment, by and with the advice and consent of the Senate,
			 as Inspector General of the National Security Agency under section 3(a) of
			 the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the
			 amendments made by subsection (a).
			(c)Transition ruleAn individual serving as Inspector General of the National Security Agency on the date of the
			 enactment of this Act pursuant to an appointment made under section 8G of
			 the Inspector General Act of 1978 (5 U.S.C. App.)—
				(1)may continue so serving until the President makes an appointment under section 3(a) of such Act
			 with respect to the National Security Agency consistent with the
			 amendments made by subsection (a); and
				(2)shall, while serving under paragraph (1), remain subject to the provisions of section 8G of such
			 Act that, immediately before the date of the enactment of this Act,
			 applied with respect to the Inspector General of the National Security
			 Agency and suffer no reduction in pay.
				3.Annual review of mechanisms for reporting employee or contractor complaintsSection 8H(g)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the
			 end the following new subparagraph:

				(E)In the case of the Inspector General of the National Security Agency, a review of the mechanisms
			 for submitting complaints that are available to an employee of or
			 contractor to the National Security Agency and any recommendations of the
			 Inspector General for improving such mechanisms.
				.
		4.Special provisions concerning the National Security AgencyThe Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the
			 following new section:

				8K.Special provisions concerning the National Security Agency

						(a)General counsel to the Inspector General

							(1)In general
							There is a General Counsel to the Inspector General of the National Security Agency, who shall be
			 appointed by the Inspector General of the National Security Agency.

							(2)DutiesThe General Counsel to the Inspector General of the National Security Agency shall—

								(A)
								serve as the chief legal officer of the Office of the Inspector General of the National Security
			 Agency;

								(B)
								provide legal services only to the Inspector General of the National Security Agency;
							(C)prescribe professional rules of ethics and responsibilities for employees and officers of, and
			 contractors to, the National Security Agency;

								(D)
								perform such functions as the Inspector General may prescribe; and

								(E)
								serve at the discretion of the Inspector General.

							(3)Office of the General Counsel
							There is an Office of the General Counsel to the Inspector General of the National Security Agency.
			 The Inspector General may appoint to the Office to serve as staff of the
			 General Counsel such legal counsel as the Inspector General considers
			 appropriate.

						(b)Testimony

							(1)Authority to compel
							The Inspector General of the National Security Agency is authorized to require by subpoena the
			 attendance and testimony of former employees of the National Security
			 Agency or contractors, former contractors, or former detailees to the
			 National Security Agency as necessary in the performance of functions
			 assigned to the Inspector General by this Act.

							(2)Refusal to obey
							A subpoena issued under this subsection, in the case of contumacy or refusal to obey, shall be
			 enforceable by order of any appropriate United States district court.

							(3)Notification
							The Inspector General shall notify the Attorney General 7 days before issuing any subpoena under
			 this section.
						(c)Prohibitions on investigations for national security reasons
						(1)Evaluations of prohibitionsNot later than 7 days after the date on which the Inspector General of the National Security Agency
			 receives notice or a statement under section 8G(d)(2)(C) of the reasons
			 the Secretary of Defense is prohibiting the Inspector General from
			 initiating, carrying out, or completing any audit or investigation, the
			 Inspector General shall submit to the Permanent Select Committee on
			 Intelligence and the Committee on Armed Services of the House of
			 Representatives and the Select Committee on Intelligence and the Committee
			 on Armed Services of the Senate an evaluation of such notice or such
			 statement.
						(2)Inclusion in semi-annual reportThe Inspector General shall include in the semiannual report prepared by the Inspector General in
			 accordance with section 5(a) a description of the instances in which the
			 Secretary of Defense prohibited the Inspector General from initiating,
			 carrying out, or completing any audit or investigation during the period
			 covered by such report.
						(d)Standard for audits and investigationsIn carrying out any audit or investigation of a surveillance or data collection program, the
			 Inspector General shall—
						(1)assess the impact of such program on civil rights and civil liberties;
						(2)assess the effectiveness and use, including any improper or illegal use, of such program; and
						(3)make any recommendations the Inspector General considers appropriate to improve the protection of
			 civil rights and civil liberties in the operation of such program.
						(e)Availability of reports
						(1)AvailabilityEach report to Congress or a committee of Congress by the Inspector General shall be made available
			 to all Members of Congress.
						(2)Member of Congress definedIn this subsection, the term Member of Congress means a Senator, a Member of the House of Representatives, or a Delegate or Resident Commissioner
			 to the Congress.
						.
		5.Audit of surveillance programs and background investigations
			(a)AuditThe Inspector General of the National Security Agency appointed under section 3(a) of the Inspector
			 General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by
			 section 2(a) of this Act shall perform a comprehensive audit of—
				(1)the effectiveness and use, including any improper or illegal use, of surveillance and data
			 collection programs of the National Security
			 Agency, including programs conducted pursuant to sections 501 and 702 of
			 the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861, 1881a);
				(2)the interactions between the National Security Agency and the court established under section
			 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
			 1803(a)), including the accuracy of the information provided to such court
			 by the Agency and the compliance of the Agency with orders of such court;
			 and
				(3)the process for conducting background investigations of persons for purposes of employment or
			 potential employment by the National Security Agency or for receiving
			 access to classified information.
				(b)ReportNot later than 180 days after the date on which the Inspector General of the National Security
			 Agency is appointed under section 3(a) of the Inspector General Act of
			 1978 (5 U.S.C. App.) consistent with the amendments made by section 2(a)
			 of this Act, the Inspector General of the National Security Agency shall
			 submit to the Permanent Select Committee on Intelligence of the House of
			 Representatives and the Select Committee on Intelligence of the Senate a
			 report containing the results of the audit conducted under subsection (a).
			(c)Rule of constructionNothing in this subsection shall be construed to alter the responsibility of the Inspector General
			 of the National Security Agency to conduct audits or investigations of the
			 surveillance programs of the National Security Agency and the background
			 investigation process for employment or access to classified information
			 on an ongoing basis in accordance with the Inspector General Act of 1978
			 (5 U.S.C. App.).


114 HR 5980 IH: Mark Takai Atomic Veterans Healthcare Parity Act
U.S. House of Representatives
2016-09-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 5980
		IN THE HOUSE OF REPRESENTATIVES

			September 9, 2016
			Ms. Meng (for herself, Ms. Kaptur, Mr. Poliquin, Mrs. Beatty, Mr. Gallego, Miss Rice of New York, Mr. Ashford, Mr. Grayson, Mr. Takano, Mr. Perlmutter, Mr. DeFazio, Ms. DeLauro, Mrs. Kirkpatrick, Mr. Lowenthal, Mr. Langevin, Mr. Honda, Ms. Titus, Mr. Israel, Mr. Newhouse, Mr. Thompson of California, Mr. Jones, Ms. Bordallo, Mrs. Dingell, Mr. Pocan, and Mr. Brady of Pennsylvania) introduced the following bill; which was referred to the Committee on Veterans' Affairs

		A BILL
		To amend title 38, United States Code, to provide for the treatment of veterans who participated in
			 the cleanup of Enewetak Atoll as radiation exposed veterans for purposes
			 of the presumption of service-connection of certain disabilities by the
			 Secretary of Veterans Affairs.

		1.Short title
 This Act may be cited as the Mark Takai Atomic Veterans Healthcare Parity Act.2.Treatment of veterans who participated in cleanup of Enewetak Atoll as radiation exposed veterans for purposes of presumption of service-connection of certain disabilities by Department of Veterans AffairsSection 1112(c)(3)(B) of title 38, United States Code, is amended by adding at the end the following new clause:(v)Cleanup of Enewetak Atoll during the period beginning on January 1, 1977, and ending on December 31, 1980..


109 HCON 115 IH: Expressing the sense of Congress that Romare Howard Bearden should be recognized as one of the preeminent artists of the 20th century for his artistic genius and visual creativity in the depiction of the complexity and richness of African American life in the United States.
U.S. House of Representatives
2005-03-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
109th CONGRESS
1st Session
H. CON. RES. 115
IN THE HOUSE OF REPRESENTATIVES

March 17, 2005
Mr. Rangel submitted the following concurrent resolution; which was referred to the Committee on Government Reform

CONCURRENT RESOLUTION
Expressing the sense of Congress that Romare Howard Bearden should be recognized as one of the preeminent artists of the 20th century for his artistic genius and visual creativity in the depiction of the complexity and richness of African American life in the United States.

Whereas Romare Bearden was born in Charlotte, North Carolina, on September 2, 1911, and migrated with his family to New York City around 1914 during the Great Migration north;
Whereas Romare Bearden graduated from New York University, studied at the Art Students League, and joined the Harlem Artists Guild, continuing his lifelong study of art;
Whereas Romare Bearden became a prolific artist whose oeuvre of approximately 2,000 known works employed various mediums including paintings, drawings, watercolors, monotypes, edition prints, photographs, wood sculpture, designs for record albums, costumes, stage sets, book illustrations, and most notably collage;
Whereas Romare Bearden spent much of his life in New York, in which he was fascinated by the intricacies of street life, especially in Harlem, which he mirrored in many of his works including The Street (1964), The Block II (1972), and Profile/Part II, the Thirties: Artist with Painting and Model (1981);
Whereas Romare Bearden’s extraordinary success as an artist was recognized with his first solo exhibit in 1940 in Harlem and was succeeded by numerous exhibits throughout the United States and Europe;
Whereas Romare Bearden enlisted in the United States Army in 1942 and was assigned to the First Headquarters, Fifteenth Regiment, the all-black 372d Infantry Division and was later honorably discharged whereupon he returned to New York to join the prestigious Samuel Kootz Gallery in Manhattan;
Whereas beginning in 1952 Romare Bearden maintained a full-time position with the Department of Social Services for 14 years during which he continued to pursue his artistic passion in his spare time until he was able to sustain himself and his family through the sale of his artwork;
Whereas Romare Bearden was appointed in 1964 as the first Art Director of the newly established Harlem Cultural Council, a prominent African American advocacy group with several hundred members;
Whereas Romare Bearden documented the history of African American artists whereby he coorganized The Evolution of Afro-American Artists: 1800-1950 exhibit in 1967 at the City College of New York which included 150 works by 55 black artists providing a retrospective of African American work;
Whereas Romare Bearden was an educator, historian, theorist, and a benefactor who helped young African American artists establish their careers whereby in 1969 he cofounded the Cinque Gallery in New York City to provide a space for young minority painters and curators to display their work and gain experience in the art world;
Whereas Romare Bearden indulged his musical and literary inclinations by coauthoring 4 books and cofounding the Bluebird Music Company in which he went on to compose the lyrics for 20 songs;
Whereas Romare Bearden was elected to the American Academy of Arts and Letters, the National Institute of Arts and Letters, and received numerous awards and honors including the prestigious Mayor’s Award of Honor for art and culture and the President’s National Medal of Arts from President Ronald Reagan in 1987; and
Whereas Romare Bearden died in 1988 leaving an artistic legacy which includes 130 works currently on exhibit at the National Gallery of Arts: Now, therefore, be it

That it is the sense of Congress that the internationally renowned artist Romare Bearden should be honored for his contributions to the collective American aesthetic anthology which reflect the complexity and richness of African American life in the United States.


114 S3148 IS: John F. Kennedy Centennial Commission Act
U.S. Senate
2016-07-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS2d SessionS. 3148IN THE SENATE OF THE UNITED STATESJuly 7, 2016Mr. Markey (for himself, Ms. Warren, Mr. Hatch, and Mr. McCain) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo establish the John F. Kennedy Centennial Commission.

 1.Short titleThis Act may be cited as the John F. Kennedy Centennial Commission Act. 2.EstablishmentThere is established a commission to be known as the John F. Kennedy Centennial Commission (in this Act referred to as the Commission).
 3.Duties of commissionThe Commission shall— (1)plan, develop, and carry out such activities as the Commission considers fitting and proper to honor John F. Kennedy on the occasion of the 100th anniversary of his birth;
 (2)provide advice and assistance to Federal, State, and local governmental agencies, as well as civic groups to carry out activities to honor John F. Kennedy on the occasion of the 100th anniversary of his birth;
 (3)develop activities that may be carried out by the Federal Government that are fitting and proper to honor John F. Kennedy on the occasion of the 100th anniversary of his birth; and
 (4)submit to the President and Congress reports pursuant to section 7. 4.Membership (a)Number and AppointmentThe Commission shall be composed of 11 members as follows:
 (1)The Secretary of the Interior. (2)Four members appointed by the President after considering the recommendations of the Board of Trustees of the John F. Kennedy Library Foundation.
 (3)Two Members of the House of Representatives appointed by the Speaker of the House of Representatives.
 (4)One Member of the House of Representatives appointed by the minority leader of the House of Representatives.
 (5)Two Members of the Senate appointed by the majority leader of the Senate. (6)One Member of the Senate appointed by the minority leader of the Senate.
 (b)Ex officio memberThe Archivist of the United States shall serve in an ex officio capacity on the Commission to provide advice and information to the Commission.
 (c)TermsEach member shall be appointed for the life of the Commission. (d)Deadline for AppointmentAll members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act.
 (e)VacanciesA vacancy on the Commission shall— (1)not affect the powers of the Commission; and
 (2)be filled in the manner in which the original appointment was made. (f)Rates of PayMembers shall not receive compensation for the performance of their duties on behalf of the Commission.
 (g)Travel ExpensesEach member of the Commission shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Commission while away from home or his or her regular place of business, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
 (h)QuorumA majority of the members of the Commission shall constitute a quorum to conduct business, but two or more members may hold hearings.
 (i)ChairpersonThe chairperson of the Commission shall be elected by a majority vote of the members of the Commission.
			5.Director And Staff Of Commission
 (a)Director and staffThe Commission shall appoint an executive director and such other additional employees as are necessary to enable the Commission to perform its duties.
 (b)Applicability of Certain Civil Service LawsThe executive director and employees of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the rate of pay for the executive director and other employees may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.
 (c)Detail of Federal EmployeesUpon request of the Commission, the Secretary of the Interior or the Archivist of the United States may detail, on a reimbursable basis, any of the employees of that department or agency to the Commission to assist it in carrying out its duties under this Act.
 (d)Experts and ConsultantsThe Commission may procure such temporary and intermittent services as are necessary to enable the Commission to perform its duties.
 (e)Volunteer and Uncompensated ServicesNotwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary.
			6.Powers Of Commission
 (a)HearingsThe Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate.
 (b)MailsThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.
 (c)Obtaining Official DataThe Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this Act. Upon request of the chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission.
 (d)Gifts, Bequests, DevisesThe Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or property, both real and personal, for the purpose of aiding or facilitating its work.
 (e)Available SpaceUpon the request of the Commission, the Administrator of General Services shall make available nationwide to the Commission, at a normal rental rate for Federal agencies, such assistance and facilities as may be necessary for the Commission to carry out its duties under this Act.
 (f)Contract AuthorityThe Commission may enter into contracts with and compensate government and private agencies or persons to enable the Commission to discharge its duties under this Act.
			7.Reports
 (a)Annual ReportsThe Commission shall submit to the President and the Congress annual reports on the revenue and expenditures of the Commission, including a list of each gift, bequest, or devise to the Commission with a value of more than $250, together with the identity of the donor of each gift, bequest, or devise.
 (b)Interim ReportsThe Commission may submit to the President and Congress interim reports as the Commission considers appropriate.
 (c)Final ReportNot later than August 31, 2017, the Commission shall submit a final report to the President and the Congress containing—
 (1)a summary of the activities of the Commission; (2)a final accounting of funds received and expended by the Commission; and
 (3)the findings, conclusions, and final recommendations of the Commission. 8.TerminationThe Commission may terminate on such date as the Commission may determine after it submits its final report pursuant to section 7(c), but not later than September 30, 2017.
 9.Annual auditThe Inspector General of the Department of the Interior may perform an audit of the Commission, shall make the results of any audit performed available to the public, and shall transmit such results to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
 10.Prohibition on obligation of Federal fundsNo Federal funds may be obligated to carry out this Act.


116 S340 PCS: Creating and Restoring Equal Access to Equivalent Samples Act of 2019
U.S. Senate

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II
Calendar No. 22
116th CONGRESS1st Session
S. 340
IN THE SENATE OF THE UNITED STATES

February 5, 2019
Mr. Leahy (for himself, Mr. Grassley, Ms. Klobuchar, Mr. Lee, Mrs. Feinstein, Ms. Baldwin, Mr. Blumenthal, Mr. Booker, Mr. Brown, Ms. Collins, Mr. Cotton, Mr. Cruz, Mr. Daines, Mr. Durbin, Ms. Ernst, Mrs. Fischer, Ms. Hassan, Mr. Kennedy, Mr. King, Mr. Menendez, Ms. Murkowski, Mr. Paul, Mr. Rounds, Ms. Smith, Ms. Stabenow, Mr. Tester, Mr. Whitehouse, and Mr. Young) introduced the following bill; which was read the first time

February 6, 2019
Read the second time and placed on the calendar

A BILL
To promote competition in the market for drugs and biological products by facilitating the timely entry of lower-cost generic and biosimilar versions of those drugs and biological products.

1.Short titleThis Act may be cited as the Creating and Restoring Equal Access to Equivalent Samples Act of 2019 or the CREATES Act of 2019.  2.FindingsCongress finds the following:
(1)It is the policy of the United States to promote competition in the market for drugs and biological products by facilitating the timely entry of low-cost generic and biosimilar versions of those drugs and biological products.  (2)Since their enactment in 1984 and 2010, respectively, the Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98–417; 98 Stat. 1585) and the Biologics Price Competition and Innovation Act of 2009 (subtitle A of title VII of Public Law 111–148; 124 Stat. 804), have provided pathways for making lower-cost versions of previously approved drugs and previously licensed biological products available to the people of the United States in a timely manner, thereby lowering overall prescription drug costs for patients and taxpayers by billions of dollars each year.
(3)In order for these pathways to function as intended, developers of generic drugs and biosimilar biological products (referred to in this section as generic product developers) must be able to obtain quantities of the reference listed drug or biological product with which the generic drug or biosimilar biological product is intended to compete (referred to in this section as a covered product) for purposes of supporting an application for approval by the Food and Drug Administration, including for testing to show that— (A)a prospective generic drug is bioequivalent to the covered product in accordance with subsection (j) of section 505 of the Federal, Food, Drug, and Cosmetic Act (21 U.S.C. 355), or meets the requirements for approval of an application submitted under subsection (b)(2) of that section; or
(B)a prospective biosimilar biological product is biosimilar to or interchangeable with its reference biological product under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)), as applicable.  (4)For drugs and biological products that are subject to a risk evaluation and mitigation strategy, another essential component in the creation of low-cost generic and biosimilar versions of covered products is the ability of generic product developers to join the manufacturer of the covered product (referred to in this section as the license holder) in a single, shared system of elements to assure safe use and supporting agreements as required by section 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1), or secure a variance therefrom.
(5)Contrary to the policy of the United States to promote competition in the market for drugs and biological products by facilitating the timely entry of lower-cost generic and biosimilar versions of those drugs and biological products, certain license holders are preventing generic product developers from obtaining quantities of the covered product necessary for the generic product developer to support an application for approval by the Food and Drug Administration, including testing to show bioequivalence, biosimilarity, or interchangeability to the covered product, in some instances based on the justification that the covered product is subject to a risk evaluation and mitigation strategy with elements to assure safe use under section 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1).  (6)The Director of the Center for Drug Evaluation and Research of the Food and Drug Administration has testified that some manufacturers of covered products have used risk evaluation and mitigation strategies and distribution restrictions adopted by the manufacturer on their own behalf as reasons to not sell quantities of a covered product to generic product developers, causing barriers and delays in getting generic products on the market. The Food and Drug Administration has reported receiving significant numbers of inquiries from generic product developers who were unable to obtain samples of covered products to conduct necessary testing and otherwise meet requirements for approval of generic drugs.
(7)In 2018, the Acting Chairman of the Federal Trade Commission testified that the Federal Trade Commission continues to be very concerned about potential abuses by manufacturers of brand drugs of risk evaluation and mitigation strategies or other closed distribution systems to impede generic competition.  (8)Also contrary to the policy of the United States to promote competition in the market for drugs and biological products by facilitating the timely entry of lower-cost generic and biosimilar versions of those drugs and biological products, certain license holders are impeding the prompt negotiation and development on commercially reasonable terms of a single, shared system of elements to assure safe use, which may be necessary for the generic product developer to gain approval for its drug or licensing for its biological product.
(9)While the antitrust laws may address the refusal by some license holders to provide quantities of a covered product to a generic product developer, a more tailored legal pathway would help ensure that generic product developers can obtain necessary quantities of a covered product in a timely way for purposes of developing a generic drug or biosimilar biological product, facilitating competition in the marketplace for drugs and biological products.  (10)The antitrust laws may address actions by license holders who impede the prompt negotiation and development of a single, shared system of elements to assure safe use, and the Food and Drug Administration has some authority to waive the requirement of a single, shared system. Clearer regulatory authority to approve different systems that meet the statutory requirements to ensure patient safety, however, would limit the effectiveness of bad faith negotiations over single, shared systems to delay generic approval. At the same time, clearer regulatory authority would ensure all systems protect patient safety.
3.Actions for delays of generic drugs and biosimilar biological products
(a)DefinitionsIn this section— (1)the term commercially reasonable, market-based terms means—
(A)a non-discriminatory price for the sale of the covered product at or below, but not greater than, the most recent wholesale acquisition cost for the drug, as defined in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B));  (B)a schedule for delivery that results in the transfer of the covered product to the eligible product developer consistent with the timing under subsection (b)(2)(A)(iv); and
(C)no additional conditions are imposed on the sale of the covered product;  (2)the term covered product—
(A)means— (i)any drug approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or biological product licensed under subsection (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C. 262);
(ii)any combination of a drug or biological product described in clause (i); or  (iii)when reasonably necessary to support approval of an application under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), or section 351 of the Public Health Service Act (42 U.S.C. 262), as applicable, or otherwise meet the requirements for approval under either such section, any product, including any device, that is marketed or intended for use with such a drug or biological product; and
(B)does not include any drug or biological product that appears on the drug shortage list in effect under section 506E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356e), unless the shortage will not be promptly resolved— (i)as demonstrated by the fact that the drug or biological product has been in shortage for more than 6 months; or
(ii)as otherwise determined by the Secretary;  (3)the term device has the meaning given the term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321);
(4)the term eligible product developer means a person that seeks to develop a product for approval pursuant to an application for approval under subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or for licensing pursuant to an application under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k));  (5)the term license holder means the holder of an application approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or the holder of a license under subsection (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C. 262) for a covered product;
(6)the term REMS means a risk evaluation and mitigation strategy under section 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1);  (7)the term REMS with ETASU means a REMS that contains elements to assure safe use under section 505–1(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1(f));
(8)the term Secretary means the Secretary of Health and Human Services;  (9)the term single, shared system of elements to assure safe use means a single, shared system of elements to assure safe use under section 505–1(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1(f)); and
(10)the term sufficient quantities means an amount of a covered product that allows the eligible product developer to— (A)conduct testing to support an application under—
(i)subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); or  (ii)section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)); and
(B)fulfill any regulatory requirements relating to approval of such an application.  (b)Civil action for failure To provide sufficient quantities of a covered product (1)In generalAn eligible product developer may bring a civil action against the license holder for a covered product seeking relief under this subsection in an appropriate district court of the United States alleging that the license holder has declined to provide sufficient quantities of the covered product to the eligible product developer on commercially reasonable, market-based terms.
(2)Elements
(A)In generalTo prevail in a civil action brought under paragraph (1), an eligible product developer shall prove, by a preponderance of the evidence— (i)that—
(I)the covered product is not subject to a REMS with ETASU; or  (II)if the covered product is subject to a REMS with ETASU—
(aa)the eligible product developer has obtained a covered product authorization from the Secretary in accordance with subparagraph (B); and  (bb)the eligible product developer has provided a copy of the covered product authorization to the license holder;
(ii)that, as of the date on which the civil action is filed, the product developer has not obtained sufficient quantities of the covered product on commercially reasonable, market-based terms;  (iii)that the eligible product developer has requested to purchase sufficient quantities of the covered product from the license holder; and
(iv)that the license holder has not delivered to the eligible product developer sufficient quantities of the covered product on commercially reasonable, market-based terms— (I)for a covered product that is not subject to a REMS with ETASU, by the date that is 31 days after the date on which the license holder received the request for the covered product; and
(II)for a covered product that is subject to a REMS with ETASU, by 31 days after the later of— (aa)the date on which the license holder received the request for the covered product; or
(bb)the date on which the license holder received a copy of the covered product authorization issued by the Secretary in accordance with subparagraph (B).  (B)Authorization for covered product subject to a REMS with ETASU (i)RequestAn eligible product developer may submit to the Secretary a written request for the eligible product developer to be authorized to obtain sufficient quantities of an individual covered product subject to a REMS with ETASU.
(ii)AuthorizationNot later than 120 days after the date on which a request under clause (i) is received, the Secretary shall, by written notice, authorize the eligible product developer to obtain sufficient quantities of an individual covered product subject to a REMS with ETASU for purposes of— (I)development and testing that does not involve human clinical trials, if the eligible product developer has agreed to comply with any conditions the Secretary determines necessary; or
(II)development and testing that involves human clinical trials, if the eligible product developer has— (aa) (AA)submitted protocols, informed consent documents, and informational materials for testing that include protections that provide safety protections comparable to those provided by the REMS for the covered product; or
(BB)otherwise satisfied the Secretary that such protections will be provided; and  (bb)met any other requirements the Secretary may establish.
(iii)NoticeA covered product authorization issued under this subparagraph shall state that the provision of the covered product by the license holder under the terms of the authorization will not be a violation of the REMS for the covered product.  (3)Affirmative defenseIn a civil action brought under paragraph (1), it shall be an affirmative defense, on which the defendant has the burden of persuasion by a preponderance of the evidence—
(A)that, on the date on which the eligible product developer requested to purchase sufficient quantities of the covered product from the license holder— (i)neither the license holder nor any of its agents, wholesalers, or distributors was engaged in the manufacturing or commercial marketing of the covered product; and
(ii)neither the license holder nor any of its agents, wholesalers, or distributors otherwise had access to inventory of the covered product to supply to the eligible product developer on commercially reasonable, market-based terms; or  (B)that—
(i)the license holder sells the covered product through agents, distributors, or wholesalers;  (ii)the license holder has placed no restrictions, explicit or implicit, on its agents, distributors, or wholesalers to sell covered products to eligible product developers; and
(iii)the covered product can be purchased by the eligible product developer in sufficient quantities on commercially reasonable, market-based terms from the agents, distributors, or wholesalers of the license holder.  (4)Remedies (A)In generalIf an eligible product developer prevails in a civil action brought under paragraph (1), the court shall—
(i)order the license holder to provide to the eligible product developer without delay sufficient quantities of the covered product on commercially reasonable, market-based terms;  (ii)award to the eligible product developer reasonable attorney's fees and costs of the civil action; and
(iii)award to the eligible product developer a monetary amount sufficient to deter the license holder from failing to provide other eligible product developers with sufficient quantities of a covered product on commercially reasonable, market-based terms, if the court finds, by a preponderance of the evidence— (I)that the license holder delayed providing sufficient quantities of the covered product to the eligible product developer without a legitimate business justification; or
(II)that the license holder failed to comply with an order issued under clause (i).  (B)Maximum monetary amountA monetary amount awarded under subparagraph (A)(iii) shall not be greater than the revenue that the license holder earned on the covered product during the period—
(i)beginning on— (I)for a covered product that is not subject to a REMS with ETASU, the date that is 31 days after the date on which the license holder received the request; or
(II)for a covered product that is subject to a REMS with ETASU, the date that is 31 days after the later of— (aa)the date on which the license holder received the request; or
(bb)the date on which the license holder received a copy of the covered product authorization issued by the Secretary in accordance with paragraph (2)(B); and  (ii)ending on the date on which the eligible product developer received sufficient quantities of the covered product.
(C)Avoidance of delayThe court may issue an order under subparagraph (A)(i) before conducting further proceedings that may be necessary to determine whether the eligible product developer is entitled to an award under clause (ii) or (iii) of subparagraph (A), or the amount of any such award.  (c)Limitation of liabilityA license holder for a covered product shall not be liable for any claim under Federal, State, or local law arising out of the failure of an eligible product developer to follow adequate safeguards to assure safe use of the covered product during development or testing activities described in this section, including transportation, handling, use, or disposal of the covered product by the eligible product developer.
(d)No violation of REMSThe provision of samples of a drug pursuant to an authorization under subsection (b)(2)(B) shall not be considered a violation of the requirements of any risk evaluation and mitigation strategy that may be in place under section 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1) for such drug.  (e)Rule of construction (1)DefinitionIn this subsection, the term antitrust laws—
(A)has the meaning given the term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12); and  (B)includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section applies to unfair methods of competition.
(2)Antitrust lawsNothing in this section shall be construed to limit the operation of any provision of the antitrust laws.  4.REMS approval process for subsequent filersSection 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1) is amended—
(1)in subsection (g)(4)(B)— (A)in clause (i) by striking or after the semicolon;
(B)in clause (ii) by striking the period at the end and inserting ; or; and  (C)by adding at the end the following:

(iii)accommodate different, comparable approved risk evaluation and mitigation strategies for a drug that is the subject of an application under section 505(j), and the applicable listed drug.;  (2)in subsection (i)(1), by striking subparagraph (C) and inserting the following:

(C)
(i)Elements to assure safe use, if required under subsection (f) for the listed drug, which, subject to clause (ii), for a drug that is the subject of an application under section 505(j) may use— (I)a single, shared system with the listed drug under subsection (f); or
(II)a different, comparable aspect of the elements to assure safe use under subsection (f).  (ii)The Secretary may require a drug that is the subject of an application under section 505(j) and the listed drug to use a single, shared system under subsection (f), if the Secretary determines that no different, comparable aspect of the elements to assure safe use could satisfy the requirements of subsection (f). ; and
(3)by adding at the end the following:  (l)Separate REMSWhen used in this section, the terms “different, comparable aspect of the elements to assure safe use” or “different, comparable approved risk evaluation and mitigation strategies” means a risk evaluation and mitigation strategy for a drug that is the subject of an application under section 505(j) that uses different methods or operational means than the strategy required under subsection (a) for the applicable listed drug, or other application under section 505(j) with the same such listed drug, but achieves the same level of safety as such strategy..

February 6, 2019
Read the second time and placed on the calendar


 S3503 ENR: To authorize the Secretary of Veterans Affairs to treat certain programs of education converted to distance learning by reason of emergencies and health-related situations in the same manner as programs of education pursued at educational institutions, and for other purposes.
U.S. Senate

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

One Hundred Sixteenth Congress of the United States of America2d SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and twentyS. 3503IN THE SENATE OF THE UNITED STATESAN ACTTo authorize the Secretary of Veterans Affairs to treat certain programs of education converted to distance learning by reason of emergencies and health-related situations in the same manner as programs of education pursued at educational institutions, and for other purposes.1.Continuation of Department of Veterans Affairs educational assistance benefits for certain programs of education converted to distance learning by reason of emergencies and health-related situations(a)In generalIn the case of a program of education approved by a State approving agency, or the Secretary of Veterans Affairs when acting in the role of a State approving agency, that is converted from being offered on-site at an educational institution to being offered by distance learning by reason of an emergency or health-related situation, as determined by the Secretary, the Secretary may continue to provide educational assistance under the laws administered by the Secretary without regard to such conversion, including with respect to paying any—(1)monthly housing stipends under chapter 33 of title 38, United States Code; or(2)payments or subsistence allowances under chapters 30, 31, 32, and 35 of such title and chapters 1606 and 1607 of title 10, United States Code.(b)Applicability periodSubsection (a) shall apply during the period beginning on March 1, 2020, and ending on December 21, 2020.(c)DefinitionsIn this section:(1)Educational institutionThe term educational institution has the meaning given that term in section 3452 of title 38, United States Code, and includes an institution of higher learning (as defined in such section).(2)Program of educationThe term program of education has the meaning given that term in section 3002 of title 38, United States Code. (3)State approving agencyThe term State approving agency has the meaning given that term in section 3671 of title 38, United States Code.2.Emergency designations(a)In generalThis Act is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).(b)Designation in SenateIn the Senate, this Act is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. Speaker of the House of RepresentativesVice President of the United States and President of the Senate


110 HR 3383 IH: Defense Contracting Ethics Oversight

U.S. House of Representatives
2007-08-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 3383
		IN THE HOUSE OF REPRESENTATIVES

			August 3, 2007
			Mr. Castle introduced
			 the following bill; which was referred to the
			 Committee on Armed
			 Services, and in addition to the Committee on
			 Oversight and Government
			 Reform, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To require internal ethics compliance programs by
		  Department of Defense contractors, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Defense Contracting Ethics Oversight
			 Act of 2007.
		2.Ethics compliance
			 by Department of Defense contractors
			(a)In
			 generalNot later than 180 days after the date of the enactment
			 of this Act, the Secretary of Defense shall prescribe in regulations a
			 requirement that a contracting officer of the Department of Defense may not
			 determine a contractor to be responsible for purposes of the award of a covered
			 contract for the Department unless the entity to be awarded the contract has in
			 place, by the deadline specified in subsection (c), an internal ethics
			 compliance program, including a code of ethics and internal controls, to
			 facilitate the timely detection and disclosure of improper conduct in
			 connection with the award or performance of the covered contract and to ensure
			 that appropriate corrective action is taken with respect to such
			 conduct.
			(b)Elements of
			 Ethics Compliance ProgramEach ethics compliance program required
			 of a contractor under subsection (a) shall include the following:
				(1)Requirements for
			 periodic reviews of the performance of the covered contract to ensure
			 compliance of contractor personnel with applicable Government contracting
			 requirements, including laws, regulations, and contractual requirements.
				(2)Internal reporting
			 mechanisms, such as a hot-line, for contractor personnel to report suspected
			 improper conduct among contractor personnel.
				(3)Audits of the
			 performance of the covered contract.
				(4)Mechanisms for
			 disciplinary actions against contractor personnel found to have engaged in
			 improper conduct, including the exclusion of such personnel from the exercise
			 of substantial authority.
				(5)Mechanisms for the
			 reporting to appropriate Government officials, including the contracting
			 officer and the Office of the Inspector General of the Department of Defense,
			 of suspected improper conduct among contractor personnel, including suspected
			 conduct involving corruption of a Government official or individual acting on
			 behalf of the Government, not later than 30 days after the date of discovery of
			 such suspected conduct.
				(6)Mechanisms to
			 ensure full cooperation with Government officials responsible for investigating
			 suspected improper conduct among contractor personnel and for taking corrective
			 actions.
				(7)Mechanisms to
			 ensure the recurring provision of training to contractor personnel on the
			 requirements and mechanisms of the ethics compliance program.
				(8)Mechanisms to
			 ensure the oversight of the ethics compliance program by contractor personnel
			 with substantial authority within the contractor.
				(c)Deadline for
			 ProgramThe deadline specified in this subsection for a
			 contractor having in place an ethics compliance program required under
			 subsection (a) for purposes of a covered contract is 30 days after the date of
			 the award of the contract.
			(d)Determination of
			 Existence of ProgramIn determining whether a contractor has in
			 place an ethics compliance program required under subsection (a), a contracting
			 officer of the Department may use the assistance of the Office of the Inspector
			 General of the Department of Defense.
			(e)Suspension or
			 DebarmentThe regulations prescribed under subsection (a) shall
			 provide that any contractor under a covered contract whose personnel are
			 determined not to have reported suspected improper conduct in accordance with
			 the requirements and mechanisms of the ethics compliance program concerned may,
			 at the election of the Secretary of Defense, be suspended from the contract or
			 debarred from further contracting with the Department of Defense.
			(f)Covered Contract
			 DefinedIn this section, the term covered contract
			 means any contract to be awarded to a contractor of the Department of Defense
			 if, in the year before the contract is to be awarded, the total amount of
			 contracts of the contractor with the Federal Government exceeded
			 $5,000,000.
			3.Report to Congress on
			 personal financial conflicts of interest
			(a)ReportNot later than 180 days after the date of
			 the enactment of this Act, the Administrator for Federal Procurement Policy,
			 after consultation with the Director of the Office of Government Ethics, shall
			 submit to Congress a report that contains—
				(1)a description of current Federal laws,
			 regulations, and practices relating to restrictions on personal financial
			 interests applicable to Federal employees and non-Federal employees; and
				(2)the Administrator’s findings and any
			 recommendations for establishing a requirement for compliance with restrictions
			 relating to personal financial interests such as those that apply to Federal
			 employees by—
					(A)those employees of a covered Government
			 contractor who are specifically retained for and engage in providing advice to
			 one or more Federal agencies; and
					(B)employees of federally funded research and
			 development centers.
					(b)DefinitionsIn
			 this section:
				(1)Covered
			 Government contractorThe term covered Government
			 contractor means any entity (other than a Federal agency) awarded a
			 contract by a Federal agency under which one or more individuals hired by the
			 entity perform an acquisition planning function that is closely associated with
			 the responsibilities of a Federal employee. For purposes of the preceding
			 sentence, the term acquisition planning function means the
			 function of providing advice to a Federal agency on acquisition planning with
			 respect to a particular acquisition or acquisitions.
				(2)Federal
			 employeeThe term Federal employee means an employee
			 of a Federal agency.
				(3)Federal
			 agencyThe term Federal agency means any of the
			 following:
					(A)any executive department or independent
			 establishment in the executive branch of the Government, including any wholly
			 owned Government corporation.
					(B)any establishment in the legislative or
			 judicial branch of the Government (except the Senate, the House of
			 Representatives, and the Architect of the Capitol and any activities under the
			 Architect’s direction).
					(4)Federally funded
			 research and development centerThe term federally funded research
			 and development center means a federally funded research and development
			 center identified by the National Science Foundation in accordance with the
			 Federal Acquisition Regulation.