116 HR 7907 IH: National Criminal Justice Commission Act of 2020
U.S. House of Representatives
2020-07-31
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.

I116th CONGRESS2d SessionH. R. 7907IN THE HOUSE OF REPRESENTATIVESJuly 31, 2020Mr. Deutch (for himself and Mr. Trone) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo establish the National Criminal Justice Commission.1.Short titleThis Act may be cited as the National Criminal Justice Commission Act of 2020.2.FindingsCongress finds that—(1)it is in the interest of the United States to establish a commission to undertake a comprehensive review of the criminal justice system;(2)there has not been a comprehensive study since the President’s Commission on Law Enforcement and Administration of Justice was established in 1965;(3)in a span of 18 months, the President’s Commission on Law Enforcement and Administration of Justice produced a comprehensive report entitled The Challenge of Crime in a Free Society, which contained 200 specific recommendations on all aspects of the criminal justice system involving—(A)Federal, State, Tribal, and local governments;(B)civic organizations;(C)religious institutions;(D)business groups; and(E)individual citizens; and(4)developments over the intervening 50 years require once again that Federal, State, Tribal, and local governments, law enforcement agencies, including rank and file officers, civil rights organizations, community-based organization leaders, civic organizations, religious institutions, business groups, and individual citizens come together to review evidence and consider how to improve the criminal justice system.3.Establishment of CommissionThere is established a commission to be known as the National Criminal Justice Commission (referred to in this Act as the Commission).4.Purpose of the CommissionThe Commission shall—(1)undertake a comprehensive review of the criminal justice system;(2)submit to the President and Congress recommendations for Federal criminal justice reform; and(3)disseminate findings and supplemental guidance to the Federal Government, as well as to State, local, and Tribal governments.5.Review, recommendations, and report(a)General reviewThe Commission shall undertake a comprehensive review of all areas of the criminal justice system, including the criminal justice costs, practices, and policies of the Federal, State, local, and Tribal governments.(b)Recommendations(1)In generalNot later than 18 months after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress recommendations for changes in Federal oversight, policies, practices, and laws designed to prevent, deter, and reduce crime and violence, reduce recidivism, improve cost-effectiveness, and ensure the interests of justice at every step of the criminal justice system.(2)Unanimous consentIf a unanimous vote of the members of the Commission at a meeting where a quorum is present pursuant to section 6(d) approves a recommendation of the Commission, the Commission may adopt and submit the recommendation under paragraph (1).(3)Public accessThe recommendations submitted under this subsection shall be made available to the public.(c)Report(1)In generalNot later than 18 months after the date of the first meeting of the Commission, the Commission shall disseminate to the Federal Government, as well as to State, local, and Tribal governments, a report that details the findings and supplemental guidance of the Commission regarding the criminal justice system at all levels of government.(2)Majority voteIf a majority vote of the members of the Commission approves a finding or supplemental guidance at a meeting where a quorum is present pursuant to section 6(d), the finding or supplemental guidance may be adopted and included in the report required under paragraph (1).(3)DissentsIn the case of a member of the Commission who dissents from a finding or supplemental guidance approved by a majority vote under paragraph (2), the member may state the reason for the dissent in writing and the report described in paragraph (1) shall include the dissent.(4)Public accessThe report submitted under this subsection shall be made available to the public.(d)Prior commissionsThe Commission shall take into consideration the work of prior relevant commissions in conducting the review of the Commission.(e)State and local governmentsIn issuing the recommendations and report of the Commission under this section, the Commission shall not infringe on the legitimate rights of the States to determine the criminal laws of the States or the enforcement of such laws.(f)Public hearingsThe Commission shall conduct public hearings in various locations around the United States.(g)Consultation with government and nongovernment representatives(1)In generalThe Commission shall—(A)closely consult with Federal, State, local, and Tribal governments and nongovernment leaders, including—(i)State, local, and Tribal law enforcement officials, including rank and file officers;(ii)legislators;(iii)public health officials;(iv)judges;(v)court administrators;(vi)prosecutors;(vii)defense counsel;(viii)victims’ rights organizations;(ix)probation and parole officials;(x)criminal justice planners;(xi)criminologists;(xii)civil rights and liberties organizations;(xiii)community-based organization leaders;(xiv)formerly incarcerated individuals;(xv)professional organizations; and(xvi)corrections officials; and(B)include in the final report required under subsection (c) summaries of the input and recommendations of the leaders consulted under subparagraph (A).(2)United States sentencing commissionTo the extent the review and recommendations required by this section relate to sentencing policies and practices for the Federal criminal justice system, the Commission shall conduct the review in consultation with the United States Sentencing Commission.(h)Sense of Congress on unanimityIt is the sense of Congress that, given the national importance of the matters before the Commission—(1)the Commission should work toward developing findings and supplemental guidance that are unanimously supported by the members of the Commission; and(2)a finding or supplemental guidance unanimously supported by the members of the Commission should take precedence over a finding or supplemental guidance that is not unanimously supported.6.Membership(a)In generalThe Commission shall be composed of 14 members, as follows:(1)The President shall appoint 1 member, who shall serve as a co-chairperson of the Commission.(2)The co-chairperson described in paragraph (1) shall appoint 6 members in consultation with the leadership of—(A)the Senate and House of Representatives of the same political party as the President;(B)the Committee on the Judiciary of the House of Representatives of the same political party as the President; and(C)the Committee on the Judiciary of the Senate of the same political party as the President.(3)The leader of the Senate, in consultation with the leader of the House of Representatives who is a member of the opposite party of the President, shall appoint 1 member, who shall serve as a co-chairperson of the Commission.(4)The co-chairperson described in paragraph (3) shall appoint 6 members in consultation with the leadership of—(A)the Senate and House of Representatives of the opposite political party as the President;(B)the Committee on the Judiciary of the House of Representatives of the opposite political party as the President; and(C)the Committee on the Judiciary of the Senate of the opposite political party as the President.(b)Membership(1)In generalA member shall be appointed based upon knowledge or experience in a relevant area, including—(A)law enforcement;(B)criminal justice;(C)national security;(D)prison and jail administration;(E)prisoner reentry;(F)public health, including—(i)physical and sexual victimization;(ii)drug addiction; or(iii)mental health;(G)the rights of victims;(H)civil rights;(I)civil liberties;(J)court administration;(K)social services; or(L)State, local, or Tribal government.(2)Law enforcement representation(A)Members appointed by the co-chairpersonsOf the 6 members appointed by the co-chairperson under subsection (a)(2)—(i)not fewer than 2 shall be representatives from Federal, State, or local law enforcement agencies; and(ii)not fewer than 1 shall be a representative from a Tribal law enforcement agency.(B)Other membersOf the 6 members appointed under subsection (a)(4)—(i)not fewer than 2 shall be representatives of Federal, State, or local law enforcement agencies; and(ii)not fewer than 1 shall be a representative from a Tribal law enforcement agency.(3)DisqualificationIf an individual possesses a personal financial interest in the discharge of a duty of the Commission, the individual may not be appointed as a member of the Commission.(4)TermsA member shall be appointed for the duration of the Commission.(c)Appointments and first meeting(1)AppointmentsEach member of the Commission shall be appointed not later than 45 days after the date of enactment of this Act.(2)First meetingThe Commission shall hold the first meeting of the Commission on the date, whichever is later, that is not later than—(A)60 days after the date of enactment of this Act; or(B)30 days after the date on which funds are made available for the Commission.(3)EthicsAt the first meeting of the Commission, the Commission shall—(A)draft appropriate ethics guidelines for members and staff of the Commission, including guidelines relating to—(i)conflict of interest; and(ii)financial disclosure;(B)consult with the Committees on the Judiciary of the Senate and the House of Representatives as a part of drafting the guidelines; and(C)provide each Committee described in subparagraph (B) with a copy of the guidelines completed under subparagraph (A).(d)Meetings, quorum, and vacancies(1)MeetingsThe Commission shall meet at the call of—(A)the co-chairpersons; or(B)a majority of the members of the Commission.(2)QuorumExcept as provided in paragraph (3)(B), a majority of the members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony.(3)Vacancies(A)In generalA vacancy in the Commission shall not affect a power of the Commission, and the vacancy shall be filled in the same manner in which the original appointment was made.(B)QuorumIn the case of a vacancy occurring after the date that is 45 days after the date of enactment of this Act, until the date on which the vacancy is filled, a majority of the members of the Commission shall constitute a quorum if—(i)not fewer than 1 member of the Commission appointed under paragraph (1) or (2) of subsection (a) is present; and(ii)not fewer than 1 member of the Commission appointed under paragraph (3) or (4) of subsection (a) is present.(e)Actions of the Commission(1)In generalThe Commission—(A)shall, subject to section 5, act by a resolution agreed to by a majority of the members of the Commission voting and present; and(B)may establish a panel composed of less than the full membership of the Commission for purposes of carrying out a duty of the Commission under this Act, which—(i)shall be subject to the review and control of the Commission; and(ii)may make a finding or determination that may be considered a finding or determination of the Commission if the finding or determination is approved by the Commission.(2)DelegationIf authorized by the co-chairpersons of the Commission, a member, agent, or staff member of the Commission may take an action that the Commission may take under this Act.7.Administration(a)Staff(1)Executive DirectorThe Commission shall have a staff headed by an Executive Director, who shall be paid at a rate established for the Certified Plan pay level for the Senior Executive Service under section 5382 of title 5, United States Code.(2)Appointments and compensationThe co-chairpersons of the Commission shall designate and fix the compensation of the Executive Director and, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and 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 no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.(3)Personnel as Federal employees(A)In generalThe Executive Director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title 5.(B)Members of the CommissionSubparagraph (A) shall not be construed to apply to members of the Commission.(4)The compensation of members(A)Non-federal employeesA member of the commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board.(B)Federal employeesA member of the commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.(5)Travel expensesA member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular places of business of the member in the performance of services for the Commission.(b)Experts and consultantsWith the approval of the Commission, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.(c)Detail of government employeesUpon the request of the Commission, a Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.(d)Other resources(1)In generalThe Commission shall have reasonable access to materials, resources, statistical data, and other information such Commission determines to be necessary to carry out its duties from—(A)the Library of Congress;(B)the Department of Justice;(C)the Office of National Drug Control Policy;(D)the Department of State; and(E)other agencies of the executive or legislative branch of the Federal Government.(2)Requests for resourcesThe co-chairpersons of the Commission shall make requests for the access described in paragraph (1) in writing when necessary.(e)Volunteer servicesNotwithstanding section 1342 of title 31, United States Code, the Commission—(1)may—(A)accept and use the services of an individual volunteering to serve without compensation; and(B)reimburse the individual described in subparagraph (A) for local travel, office supplies, and for other travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code; and(2)shall consider the individual described in paragraph (1) an employee of the Federal Government in performance of those services for the purposes of—(A)chapter 81 of title 5, United States Code, relating to compensation for work-related injuries;(B)chapter 171 of title 28, United States Code, relating to tort claims; and(C)chapter 11 of title 18, United States Code, relating to conflicts of interest.(f)Obtaining official data(1)In generalExcept as provided in paragraph (3), the Commission may directly secure from an agency of the United States information necessary to enable the Commission to carry out this Act.(2)ProceduresUpon the request of the co-chairpersons of the Commission, the head of the agency shall furnish any information requested under paragraph (1) to the Commission.(3)Sensitive informationThe Commission may not have access to sensitive information regarding ongoing investigations.(g)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.(h)Biannual reportsThe Commission shall submit biannual status reports to Congress regarding—(1)the use of resources;(2)salaries; and(3)all expenditures of appropriated funds.(i)Contracts(1)In generalThe Commission may enter into a contract with a Federal or State agency, a private firm, an institution, or an individual for the conduct of an activity necessary to the discharge of a duty or responsibility of the Commission.(2)TimingA contract, lease, or other legal agreement the Commission enters into may not extend beyond the date of the termination of the Commission.(j)GiftsThe Commission may accept, use, or dispose of a gift or donation of a service or property.(k)Administrative assistanceThe Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out the responsibilities of the Commission under this Act, which may include—(1)human resource management;(2)budget;(3)leasing;(4)accounting; or(5)payroll services.(l)Non-Applicability of FACA and public access to meetings and minutes(1)In generalThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.(2)Meetings and minutes(A)Meetings(i)AdministrationEach meeting of the Commission shall be open to the public, except that a meeting or any portion of it may be closed to the public if it concerns matters or information described in section 552b(c) of title 5, United States Code.(ii)Interested individualsAn interested individual may—(I)appear at an open meeting;(II)present an oral or written statement on the subject matter of the meeting; and(III)be administered an oath or affirmation.(iii)NoticeEach open meeting of the Commission shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting.(B)Minutes and public access(i)MinutesMinutes of each open meeting shall be kept and shall contain a record of—(I)the people present;(II)a description of the discussion that occurred; and(III)a copy of each statement filed.(ii)Public accessThe minutes and records of each open meeting and other documents that were made available to or prepared for the Commission shall be available for public inspection and copying at a single location in the offices of the Commission.(m)ArchivingNot later than the date described in section 9, all records and papers of the Commission shall be delivered to the Archivist of the United States for deposit in the National Archives.8.Authorization for use of fundsFor each of fiscal years 2020 and 2021, the Attorney General may use, from an unobligated balance made available under the heading General Administration to the Department of Justice in an appropriations Act, such amounts as are necessary, not to exceed $7,000,000 per fiscal year and not to exceed $14,000,000 total for both fiscal years, to carry out this Act, except that none of the funds authorized to be used to carry out this Act may be used for international travel.9.SunsetThe Commission shall terminate 60 days after the date on which the Commission submits the report required under section 5(c) to Congress.


		II
		112th CONGRESS
		1st Session
		S. 816
		IN THE SENATE OF THE UNITED STATES

			April 14, 2011
			Mr. Brown of Ohio
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To facilitate nationwide availability of volunteer income
		  tax assistance for low-income and underserved populations, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Volunteer Income Tax Assistance
			 (VITA) Act of 2011.
		2.FindingsCongress makes the following
			 findings:
			(1)Community
			 Volunteer Income Tax Assistance (VITA) programs offer tax preparation and
			 related financial services, free of charge, to middle- and low-income
			 individuals and families. The majority of individuals served by VITA programs
			 have annual household earnings below $40,000.
			(2)During the 2009
			 Federal income tax filing season, VITA programs filed 1,200,000 Federal income
			 tax returns and prepared more than 400,000 returns for the earned income tax
			 credit (EITC), helping program recipients claim $1,600,000,000 in Federal tax
			 refunds. An estimated 25 percent of households eligible for the EITC do not
			 claim the credit.
			(3)VITA programs
			 assist underserved taxpayers, including low-wage workers, persons with
			 disabilities, the elderly, Native Americans, rural populations, and taxpayers
			 with limited English proficiency.
			(4)Volunteer tax
			 preparation programs save the Internal Revenue Service an estimated $1,800,000
			 a year in return processing costs. In 2009, clients of VITA programs
			 electronically filed their tax returns at a much higher rate (92 percent) than
			 the general population (68 percent).
			(5)Not only do
			 electronic returns cost the Internal Revenue Service considerably less to
			 process ($0.35 per return) than paper returns ($2.87 per return), but
			 electronic returns also generate a low error rate of 2.5 percent compared to a
			 25 percent error rate for paper returns. Low error rates reduce the need for
			 the Internal Revenue Service to correspond with taxpayers and for taxpayers to
			 resubmit paperwork.
			(6)The use of
			 technology in meeting the needs of taxpayers with physical, sensory, or
			 cognitive disabilities is essential to the success of the VITA program, as
			 demonstrated through the expanded use of innovative assistive technology and
			 strategies intended to expand free tax preparation for deaf and hearing
			 impaired taxpayers. These innovative uses of assistive technologies should
			 continue to be replicated and tested to expand capacity of VITA programs in
			 successfully meeting the needs of taxpayers with various disabilities.
			(7)An Internal
			 Revenue Service survey has shown that very low-income taxpayers are twice as
			 likely as the general population to visit a Taxpayer Assistance Center and half
			 as likely to use the Internal Revenue Service Web site. Volunteer tax
			 preparation programs serve as an accessible and cost-effective alternative to
			 other Internal Revenue Service channels.
			(8)Internal Revenue
			 Service estimates from fiscal year 2005 found that the volunteer preparation
			 program cost $12.01 per contact, while Taxpayer Assistance Centers and assisted
			 toll-free calls averaged $28.73 and $19.46 per contact, respectively.
			(9)The number of tax
			 returns prepared by the VITA program increased 155 percent between the 2004
			 (500,000) and 2009 (1,200,000 returns) tax filing seasons.
			(10)The demand on
			 this integral community service continues to rise due to the current economic
			 downturn and VITA programs are experiencing strained resources and limited
			 capacity.
			(11)During the 2009
			 tax filing season, taxpayers applied for 9,900,000 refund anticipation loans
			 and spent an estimated $733,000,000 in fees. Refund anticipation loans are
			 especially prevalent among low- and extremely low-income taxpayers. Free tax
			 preparation programs serve over 3,000,000 taxpayers each year, thereby reducing
			 reliance on these other costly alternatives.
			(12)In fiscal year
			 2009, 379 organizations applied to the Internal Revenue Service for over
			 $30,000,000 in grant funding through the VITA program, and 147 received grants
			 at a median grant of $35,000.
			3.DefinitionsAs used in this Act:
			(1)Qualified
			 return preparation programThe term qualified return
			 preparation program means any program—
				(A)which provides
			 assistance to individuals, not less than 90 percent of whom are low-income
			 taxpayers, in preparing and filing Federal income tax returns, including
			 schedules reporting sole proprietorship or farm income,
				(B)which is
			 administered by a qualified entity,
				(C)in which all of
			 the volunteers who assist in the preparation of Federal income tax returns meet
			 the training requirements prescribed by the Secretary, and
				(D)which uses a
			 quality review process which reviews 100 percent of all returns.
				(2)Qualified
			 entity
				(A)In
			 generalThe term qualified entity means any entity
			 which—
					(i)is
			 described in subparagraph (B),
					(ii)is in compliance
			 with Federal tax filing and payment requirements,
					(iii)is not debarred
			 or suspended from Federal contracts, grants, or cooperative agreements,
			 and
					(iv)agrees to
			 provide documentation to substantiate any matching funds provided under the
			 VITA grant program.
					(B)Entity
			 describedAn entity is described in this subparagraph if such
			 entity is—
					(i)an
			 institution of higher education which is described in section 102 (other than
			 subsection (a)(1)(C) thereof) of the Higher Education Act of 1965 (20 U.S.C.
			 1088), as in effect on the date of the enactment of this section, and which has
			 not been disqualified from participating in a program under title IV of such
			 Act,
					(ii)an
			 organization described in section 501(c) of the Internal Revenue Code of 1986
			 and exempt from tax under section 501(a) of such Code,
					(iii)a
			 State or local government agency, including—
						(I)a county or
			 municipal government agency,
						(II)an Indian tribe,
			 as defined in section 4(12) of the Native American Housing Assistance and
			 Self-Determination Act of 1996 (25 U.S.C. 4103(12)), including any tribally
			 designated housing entity (as defined in section 4(21) of such Act (25 U.S.C.
			 4103(21))), tribal subsidiary, subdivision, or other wholly owned tribal
			 entity, and
						(III)a State
			 government agency, but only if no other eligible organization is available to
			 assist the targeted population or community,
						(iv)local, State,
			 regional, or national coalition (with one lead organization which meets the
			 eligibility requirements of clause (i), (ii), or (iii) acting as the applicant
			 organization), or
					(v)a
			 Cooperative Extension Service office, but only if no other eligible
			 organization is available to assist the targeted population or
			 community.
					(3)Low-income
			 taxpayersThe term low-income taxpayer means a
			 taxpayer who has an adjusted gross income which does not exceed 250 percent of
			 the poverty level, as determined in accordance with criteria established by the
			 Director of the Office of Management and Budget.
			(4)Underserved
			 populationThe term underserved population includes
			 populations of persons with disabilities, persons with limited English
			 proficiency, Native Americans, individuals living in rural areas, and the
			 elderly.
			(5)Lead national
			 organizationThe term lead national organization
			 means an organization described in section 501(c) of the Internal Revenue Code
			 of 1986 and exempt from tax under section 501(a) of such Code which has
			 demonstrated, to the satisfaction of the Secretary—
				(A)capacity in a
			 minimum of 15 States, territories, or tribal areas,
				(B)expertise in the
			 provision of tax preparation services to low-income taxpayers and underserved
			 populations,
				(C)an ability to
			 train program leadership and staff,
				(D)capacity to
			 disseminate information throughout the United States, and
				(E)capacity
			 to—
					(i)maintain a Web
			 site through which information is disseminated in an easily accessible manner,
			 and
					(ii)to provide
			 technical assistance and training through Web-based technologies.
					(6)SecretaryThe
			 term Secretary means the Secretary of the Treasury or the
			 Secretary's delegate.
			4.Grants to
			 facilitate nationwide availability of volunteer income tax assistance for
			 low-income and underserved populations
			(a)In
			 generalThe Secretary, through the Internal Revenue Service,
			 shall establish a Community Volunteer Income Tax Assistance Matching Grant
			 Program (hereinafter in this section referred to as the VITA grant
			 program). Except as otherwise provided in this section, the VITA grant
			 program shall be administered in the same manner as the Community Volunteer
			 Income Tax Assistance matching grants demonstration program established under
			 title I of division D of the Consolidated Appropriations Act, 2008.
			(b)Matching
			 grants
				(1)In
			 generalThe Secretary shall make available grants under the VITA
			 grant program to provide matching funds for the development, expansion, or
			 continuation of qualified return preparation programs assisting low-income
			 taxpayers and members of underserved populations.
				(2)ApplicationIn
			 order to be eligible for a grant under this section, a qualified return
			 preparation program shall submit an application to the Secretary at such time,
			 in such manner, and containing such information as the Secretary may reasonably
			 require for each fiscal year.
				(3)PriorityIn
			 awarding grants under this section, the Secretary shall give priority to
			 applications—
					(A)demonstrating
			 assistance to low-income taxpayers, with emphasis on outreach to and services
			 for persons with an adjusted gross income at or below 250 percent of the
			 Federal poverty level, as determined in accordance with criteria established by
			 the Director of the Office of Management and Budget,
					(B)demonstrating
			 taxpayer outreach and education around available income supports and refundable
			 credits such as the earned income tax credit under section 32 of the Internal
			 Revenue Code of 1986, and
					(C)demonstrating
			 specific outreach and focus on one or more underserved populations.
					(4)Use of
			 fundsQualified return preparation programs receiving a grant
			 under this section may use the grant for—
					(A)ordinary and
			 necessary costs associated with program operation in accordance with Cost
			 Principles Circulars as set forth by the Office of Management and
			 Budget,
					(B)outreach and
			 educational activities relating to eligibility and availability of income
			 supports available through the Internal Revenue Code of 1986, such as the
			 earned income tax credit, and
					(C)services related
			 to financial literacy, asset development, and the establishment of savings
			 accounts in connection with tax return preparation.
					(5)Duration of
			 grants
					(A)In
			 generalExcept as provided in subparagraph (B), a grant awarded
			 under this section shall be for a period of 1 year and shall not be renewed
			 other than through an application under paragraph (2).
					(B)Extended
			 grantsThe Secretary may award a grant under this section for a
			 period of not more than 3 years to any qualified return preparation program
			 which—
						(i)received a grant
			 under this section for the preceding year, and
						(ii)received a score
			 of 90 percent or better on a technical evaluation.
						(c)Promotion and
			 referral
				(1)PromotionThe
			 Secretary shall promote the benefits of, and encourage the use of, tax
			 preparation through the Volunteer Income Tax Assistance program through the use
			 of mass communications, referrals, and other means.
				(2)Internal
			 revenue service referralsThe Secretary may refer taxpayers to
			 qualified return preparation programs receiving funding under this
			 section.
				(3)VITA grantee
			 referralQualified return preparation programs receiving a grant
			 under this section are encouraged to refer, as appropriate, to local or
			 regional Low Income Tax Clinics individuals who are eligible to receive
			 services at such clinics.
				(d)Authorization
			 of appropriations
				(1)In
			 generalFor each of fiscal years 2012, 2013, 2014, 2015, and
			 2016, there are authorized to be appropriated $30,000,000 to carry out the
			 purposes of this section.
				(2)ReservationFrom
			 the funds appropriated under paragraph (1) for any fiscal year, the Secretary
			 shall reserve not more than 3 percent for administration of the program.
				(3)AvailabilityAmounts
			 appropriated pursuant to the authority of paragraph (1) shall remain available
			 without fiscal year limitation until expended.
				5.National center
			 to promote quality, excellence, and evaluation in volunteer income tax
			 assistance
			(a)National center
			 To promote quality, excellence, and evaluation in volunteer income tax
			 assistance
				(1)EstablishmentThere
			 is hereby established the National Center to Promote Quality, Excellence, and
			 Evaluation in Volunteer Income Tax Assistance (hereinafter in this section
			 referred to as the Center).
				(2)PurposeThe
			 Center shall—
					(A)promote the
			 adoption of a universally accessible volunteer training platform for the
			 preparation of Federal income tax returns,
					(B)provide
			 capacity-building technical assistance to qualified return preparation program
			 managers,
					(C)identify and
			 disseminate best practices related to tax site management emerging from States,
			 community-based organizations, nonprofit providers, and local government
			 entities,
					(D)support outreach
			 and marketing efforts to encourage the use of qualified return preparation
			 programs receiving funding under section 4, and
					(E)provide
			 evaluation of programs and activities funded under this Act, including—
						(i)identification,
			 both in aggregate and disaggregate, of gaps in services for low-income
			 taxpayers and underserved populations, and
						(ii)independent
			 evaluation of progress toward program objectives, as defined by the
			 Secretary.
						(3)Administration
					(A)In
			 generalThe Secretary shall—
						(i)designate,
			 through a competitive process, one qualified entity to be the lead national
			 organization, and
						(ii)provide an
			 annual grant to the lead national organization designated under clause
			 (i).
						(B)Duties of lead
			 national organizationThe lead national organization shall use
			 funds provided through the grant in subparagraph (A)(ii) to—
						(i)carry out the
			 purposes of the Center, and
						(ii)make subgrants
			 as provided in subsection (b).
						(b)Subgrants
				(1)In
			 generalThe lead national organization shall make available
			 subgrants to eligible organizations to facilitate specialized technical
			 assistance in reaching one or more underserved populations.
				(2)Eligible
			 organizationFor purposes of this subsection, the term
			 eligible organization means any organization which—
					(A)is described in
			 section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under
			 section 501(a) of such Code,
					(B)has, to the
			 satisfaction of the lead national organization, demonstrated expertise and
			 evidenced-based practices in specialized outreach to, and service of, one or
			 more underserved populations, and
					(C)has, to the
			 satisfaction of the lead national organization, demonstrated expertise in the
			 provision of specialized technical assistance relating to qualified return
			 preparation programs for one or more targeted underserved populations.
					(3)ApplicationIn
			 order to be eligible for a subgrant under this subsection, an eligible
			 organization shall submit an application to the lead national organization at
			 such time, in such manner, and containing such information as the lead national
			 organization may reasonably require for each fiscal year.
				(4)Use of
			 fundsAn eligible organization which receives a subgrant under
			 this subsection shall assist the Center by—
					(A)providing
			 technical assistance to qualified return preparation programs with targeted
			 outreach and assistance to one or more underserved populations, and
					(B)including
			 strategies for the provision of technical assistance targeting individuals and
			 families with annual household earnings at or below 250 percent of the poverty
			 line within the underserved populations served by the subgrant.
					(5)Subgrant
			 amount
					(A)In
			 generalEach year, the lead national organization shall make
			 available subgrants which, in the aggregate, do not exceed 40 percent of the
			 grant received under subsection (a).
					(B)Underserved
			 populationsOf the amount of subgrants provided under
			 subparagraph (A)—
						(i)not
			 less than 25 percent shall be dedicated to specialized technical assistance in
			 serving taxpayers with disabilities,
						(ii)not less than 25
			 percent shall be dedicated to specialized technical assistance in serving
			 limited English speaking taxpayers, and
						(iii)not less than
			 25 percent shall be dedicated to specialized technical assistance in serving
			 Native American taxpayers.
						(6)Duration of
			 subgrantsA subgrant awarded under this subsection shall be for a
			 period of 1 year and shall not be renewed other than through an application
			 under paragraph (3).
				(c)Authorization
			 of appropriations
				(1)In
			 generalFor each of fiscal years 2012, 2013, 2014, 2015, and
			 2016, there are authorized to be appropriated $5,000,000 to carry out the
			 purposes of this section.
				(2)AvailabilityAmounts
			 appropriated pursuant to the authority of paragraph (1) shall remain available
			 without fiscal year limitation until expended.


114 HRES 12 IH: Expressing the sense of the House of Representatives that the United States Postal Service should take all appropriate measures to ensure the continuation of its 6-day mail delivery service.
U.S. House of Representatives
2015-01-06
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
		114th CONGRESS
		1st Session
		H. RES. 12
		IN THE HOUSE OF REPRESENTATIVES

			January 6, 2015
			Mr. Graves of Missouri (for himself and Mr. Connolly) submitted the following resolution; which was referred to the Committee on Oversight and Government Reform

		RESOLUTION
		Expressing the sense of the House of Representatives that the United States Postal Service should
			 take all appropriate measures to ensure the continuation of its 6-day mail
			 delivery service.

		Whereas the United States Postal Service has announced that it may need to reduce the frequency of
			 its mail delivery service from 6 days a week to 5 days a week;
		Whereas 6-day mail delivery service is an essential service that the American people have relied on
			 since 1912, particularly working families that depend on the Postal
			 Service for the timely delivery of their paychecks; and
		Whereas reducing mail delivery service to 5 days a week would inevitably cause not only delays in
			 the delivery of mail, but higher postal costs, due to the many hours of
			 additional overtime that the Postal Service would require in order to
			 handle the resulting back-up of mail: Now, therefore, be it

		That it is the sense of the House of Representatives that the United States Postal Service should
			 take all appropriate measures to ensure the continuation of its 6-day mail
			 delivery service.


		II
		110th CONGRESS
		2d Session
		S. 2644
		IN THE SENATE OF THE UNITED STATES

			February 14, 2008
			Mr. Brown introduced the
			 following bill; which was read twice and referred to the
			 Committee on Armed
			 Services

		A BILL
		To clarify and improve information for members and former
		  members of the Armed Forces on upgrades of discharge, to prohibit personality
		  disorder discharges in cases of post-traumatic stress disorder and traumatic
		  brain injury, and for other purposes.

		1.Clarification and improvement
			 of information for members and former members of the Armed Forces on upgrades
			 of discharge
			(a)Required
			 notices
				(1)Notice that
			 upgrade is not automatic
					(A)In
			 generalEach member of the Armed Forces who is being considered
			 for or processed for an administrative or any other type of discharge shall
			 receive written notice that an upgrade in the characterization of discharge
			 will not automatically result from review of the discharge by a board of review
			 under Section 1533 of title 10, United States Code. The notice shall be dated
			 and shall be provided to the member at least 30 days prior to any deadline to
			 elect a particular characterization or type of discharge or manner of
			 processing.
					(B)Related
			 clarificationThe notice of discharge issued to a member of the
			 Armed Forces upon discharge may not contain or include any information,
			 references, or other material that is inconsistent with the notice required
			 under subparagraph (A).
					(2)Notice of right
			 to obtain legal counsel
					(A)In
			 generalThe written notice required under paragraph (1) shall
			 also advise the member in bold letters that the member has the right to meet
			 with and discuss his or her discharge options with military legal counsel prior
			 to electing a characterization or type of discharge or manner of processing.
			 The notice must provide the name, rank, phone number, email address, and
			 physical address of the military legal counsel responsible for providing legal
			 advice to members.
					(B)Delay in
			 processingProcessing for the discharge of a member of the Armed
			 Forces cannot proceed until the member has either met with military legal
			 counsel or elected in writing not to do so. A member must be given at least 5
			 duty days after meeting with military legal counsel to make an election
			 regarding characterization or type of discharge or manner of processing.
					(3)Acknowledgment
			 of receipt of noticeA member of the Armed Forces receiving
			 notices under paragraphs (1) and (2) shall be required to acknowledge receipt
			 of such notices by placement of his or her initials or other identifying sign
			 or symbol next to the paragraph or paragraphs that contain such notices. The
			 member shall be provided with a copy of the initialed notices, and a copy of
			 such notices shall be retained in any personnel or other files maintained on
			 such member by the Armed Forces.
				(b)Enhancement of
			 information on application for upgrade of dischargeEach
			 Secretary concerned shall make available to the public through an Internet
			 website available to the public and by other appropriate mechanisms,
			 information on the means by which former members of the Armed Forces under the
			 jurisdiction of such Secretary may apply for a review and upgrade of their
			 discharge from the Armed Forces under section 1553 of title 10, United States
			 Code.
			(c)Annual reports
			 on actions by boards of review
				(1)In
			 generalEach Secretary concerned shall, on an annual basis, make
			 available to the public information on the reviews of discharge or dismissal
			 undertaken under section 1553 of title 10, United States Code, by boards of
			 review under the jurisdiction of such Secretary during the preceding year. The
			 information shall include, for each Armed Force, the following:
					(A)The number of
			 motions for review received by the boards of review during the year.
					(B)The number of
			 reviews conducted by the boards of review during the year.
					(C)The number of
			 discharges upgraded as a result of the reviews referred to in subparagraph (A),
			 set forth by aggregate number of discharges so upgraded and by number of each
			 type of discharge so upgraded.
					(2)Protection of
			 private informationEach Secretary concerned shall ensure that
			 the information on reviews made available to the public under paragraph (1)
			 does not include any personal information regarding the members of the Armed
			 Forces the discharges and dismissals of whom are the subject of such
			 reviews.
				(d)Secretary
			 concerned definedIn this section, the term Secretary
			 concerned has the meaning given that term in section 101(a) of title 10,
			 United States Code.
			2.Enhancement of
			 notice to members of the Armed Forces on consequences of discharge status for
			 benefits and services through the Federal Government
			(a)In
			 generalThe Secretary of Defense shall take appropriate actions
			 to ensure that each member of the Armed Forces receives at the time of
			 discharge from the Armed Forces comprehensive information, in writing, on the
			 effect of the discharge status of such member on the benefits and services
			 available to such member through the Department of Defense, the Department of
			 Veterans Affairs, and any other department or agency of the Federal Government
			 providing benefits or services to individuals in their status as former members
			 of the Armed Forces.
			(b)Information on
			 upgrade of dischargeThe information provided pursuant to
			 subsection (a) shall include the information described in section 1(b).
			3.Requirement to
			 test members of the Armed Forces for certain injuries and conditions before
			 discharging for personality disorders
			(a)Testing
			 requirementThe Secretary of a military department may not
			 discharge from the Armed Forces for personality disorder any member of the
			 Armed Forces unless such member has undergone testing by the Department of
			 Defense for post-traumatic stress disorder, traumatic brain injury, and any
			 related mental health disorder or injury prior to final action with respect to
			 such discharge.
			(b)Restrictions on
			 discharge for personality disorderThe Secretary of a military
			 department may not discharge from the Armed Forces for personality disorder a
			 member of the Armed Forces determined by the Secretary of Defense to suffer
			 from post-traumatic stress disorder, traumatic brain injury, or any related
			 mental health disorder or injury.
			4.Waiver of
			 statute of limitations applicable to certain reviews of discharges for
			 personality disordersSection
			 1553(a) of title 10, United States Code, is amended—
			(1)in the second
			 sentence, by striking A motion or request for review and
			 inserting Except as provided in the following sentence, a motion or
			 request for review; and
			(2)by inserting
			 after the second sentence the following: The Secretary of Defense shall
			 waive the 15 year time limit specified in the preceding sentence in the case of
			 a motion or request for review of a discharge for personality disorder of a
			 former member who has been diagnosed by the Secretary of Veterans Affairs with
			 post-traumatic stress disorder, traumatic brain injury, or any related mental
			 health disorder or injury..
			5.ApplicabilityNothing in this Act or the amendments made
			 by this Act shall be construed to authorize or require the upgrade of a bad
			 conduct discharge or dishonorable discharge imposed on a member of the Armed
			 Forces as the result of a conviction by court-martial, unless the conviction is
			 overturned on appeal.


110 HRES 345 EH: Commemorating the 200th anniversary of the Archdiocese of New York.
U.S. House of Representatives
2007-07-25
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
110th CONGRESS
1st Session
H. RES. 345
In the House of Representatives, U. S.,

July 25, 2007

RESOLUTION
Commemorating the 200th anniversary of the Archdiocese of New York.

Whereas it is a tradition of the House of Representatives to honor and pay tribute to those places and institutions within the United States whose historic significance has contributed to the culture and traditions of our citizens;
Whereas, in accordance with this tradition, the House of Representatives is proud to commemorate the 200th anniversary of the Archdiocese of New York and its history of faith and service;
Whereas the Archdiocese of New York has planned a year-long series of events beginning in April 2007 to celebrate their bicentennial;
Whereas the Archdiocese of New York is also coordinating with Catholic Charities of New York to institute an Archdiocese of New York Day of Service, to celebrate its history of serving the broader community;
Whereas, on April 8, 1808, Diocese of New York was established with the Most Reverend R. Luke Concanen as its first Bishop, and was elevated to an Archdiocese in 1850;
Whereas, on March 15, 1875, His Eminence John Cardinal McCloskey, the second Archbishop of the Archdiocese of New York, became the first Cardinal Archbishop of the Roman Catholic Church in America;
Whereas the Archdiocese of New York has welcomed three Papal visits, Pope Paul VI on October 5, 1965 and Pope John Paul II on October 7, 1979 and again on October 5, 1995;
Whereas Elizabeth Ann Seton, a member of the Archdiocese of New York and founder of today’s Catholic education parochial school system, was named the first American-born Saint on September 14, 1975; her name appears on the front doors to St. Patrick’s Cathedral describing her as a Daughter of New York; and several schools are named after her, including Seton Hall University in South Orange, New Jersey;
Whereas the Archdiocese of New York is currently under the spiritual guidance of His Eminence Edward M. Cardinal Egan, who was installed on June 19, 2000, and elevated to Cardinal on February 21, 2001;
Whereas the Archdiocese of New York was originally comprised of the entire states of New York and New Jersey, an area that now covers twelve dioceses;
Whereas, with 2,500,000 Catholics in its fold, the Archdiocese of New York consists of 402 parishes, 278 elementary and high schools, and 3,729 charitable ministries, which include Catholic Charities, hospitals, nursing homes, and outreach programs; and
Whereas, throughout its rich historical past and up to the present day, the Archdiocese of New York has been sustained by the beneficent efforts of countless parishioners and ministries, past and present, who have generously supported their community with abundant kindness and good deeds: Now, therefore, be it

That the House of Representatives commemorates the 200th anniversary of the Archdiocese of New York.

Lorraine C. Miller,Clerk.


113 S856 IS: Syria Stabilization Act of 2013
U.S. Senate
2013-05-06
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
		113th CONGRESS
		1st Session
		S. 856
		IN THE SENATE OF THE UNITED STATES

			May 6, 2013
			Mr. Menendez introduced
			 the following bill; which was read twice and referred to the
			 Committee on Foreign
			 Relations

		A BILL
		To foster stability in Syria, and for other
		  purposes.

		1.Short
			 title; Table of contents
			(a)Short
			 titleThis Act may be cited
			 as the Syria Stabilization Act of
			 2013.
			(b)Table of
			 contents

					Sec. 1. Short title; Table of
				contents.
					Sec. 2. Appropriate congressional committees
				defined.
					Sec. 3. Findings.
					Sec. 4. Statement of policy.
					TITLE I—Humanitarian assistance
					Sec. 101. Humanitarian assistance to the people of
				Syria.
					Sec. 102. Sense of Congress.
					Sec. 103. Report on strategy to communicate to the Syrian
				people about assistance provided by the United States Government.
					TITLE II—Promoting an effective transition
					Sec. 201. Syrian transition fund.
					Sec. 202. Adjusting sanctions provisions in preparation for a
				political transition.
					TITLE III—Sanctions
					Sec. 301. Imposition of sanctions on persons providing defense
				articles or defense services to the Assad regime of Syria.
					Sec. 302. Imposition of
				sanctions on persons providing petroleum or petroleum products to the Assad
				regime of Syria.
					TITLE IV—Increased Support for the Opposition
					Sec. 401. Increased support for the opposition.

			2.Appropriate
			 congressional committees definedIn this Act, the term appropriate
			 congressional committees means the Committee on Foreign Relations of the
			 Senate, the Committee on Foreign Affairs of the House of Representatives, and
			 the Committees on Appropriations of the Senate and House of
			 Representatives.
		3.FindingsCongress makes the following
			 findings:
			(1)Since mass
			 peaceful demonstrations started in Syria on March 15, 2011, the Government of
			 Syria, led by President Bashar al-Assad, has responded by committing human
			 rights abuses and launching a violent crackdown that has claimed an estimated
			 70,000 lives and degenerated into a civil war.
			(2)The civil war has
			 caused a humanitarian crisis. According to the United Nations, there are more
			 than 1,400,000 Syrian refugees registered in Lebanon, Turkey, Jordan, Egypt,
			 and Iraq and more than 2,600,000 Syrians displaced within the country. More
			 than three-quarters of refugees and internally displaced persons are women and
			 children.
			(3)The refugee
			 crisis threatens the stability of the Middle East, putting immense burdens on
			 Syria’s neighbors, most notably Lebanon and Jordan, but also Turkey and
			 Iraq.
			(4)The civil war has
			 increased the danger that the Assad regime could lose control of its chemical
			 weapons stockpile or choose to use chemical weapons against civilians or armed
			 opposition fighters in Syria.
			(5)On April 25,
			 2013, the White House issued a letter to Congress stating that our
			 intelligence community does assess with varying degrees of confidence that the
			 Syrian regime has used chemical weapons on a small scale in Syria, specifically
			 the chemical agent Sarin.
			(6)The security
			 vacuum in Syria has created a safe haven for both Shia and Sunni extremists,
			 who could in the future threaten the security of the United States and its
			 partners.
			(7)Instability in
			 Syria has threatened Israel’s security, particularly on the shared border along
			 the Golan Heights.
			(8)A change in
			 government could be a significant blow to Iran and Hezbollah, which would lose
			 a strong ally and who have been aggressively providing military assistance to
			 President Assad.
			(9)The commitments
			 made by the National Coalition for Syrian Revolutionary and Opposition Forces
			 at the international meeting in Istanbul on April 20 and 21, 2013, constitute
			 an important endorsement of shared principles and objectives that should guide
			 United States Government cooperation with the National Coalition for Syrian
			 Revolutionary and Opposition Forces and affiliated forces. These principles
			 include a commitment to the territorial integrity of Syria, a rejection of
			 sectarianism and extremism, and pledges to secure chemical weapons and support
			 nonproliferation efforts.
			4.Statement of
			 policyIt is the policy of the
			 United States—
			(1)to support
			 transition from the current regime in Syria to a just and democratic state that
			 is inclusive and protects the rights of all Syrians regardless of religion,
			 ethnicity, or gender;
			(2)to assist the
			 people of Syria, especially internally displaced persons and refugees, in
			 meeting basic needs including access to food, health care, shelter, and clean
			 drinking water;
			(3)to provide
			 political and economic support to those neighboring countries who are hosting
			 refugees fleeing Syria and to international organizations that are providing
			 assistance and coordinating humanitarian relief efforts;
			(4)to oppose the
			 unlawful use of violence against civilians by all parties to the conflict in
			 Syria;
			(5)to use a broad
			 array of pressure instruments to expedite a negotiated solution to the conflict
			 in Syria, including the removal from power of the government of Bashar
			 al-Assad;
			(6)to recognize the
			 National Coalition for Syrian Revolutionary and Opposition Forces (in this Act
			 referred to as the Syrian Opposition Coalition or
			 SOC) as the legitimate representative of the Syrian
			 people;
			(7)to engage with
			 the SOC and a diverse and inclusive array of opposition groups that are
			 representative of the Syrian people, as well as the broader international
			 community, to facilitate and plan for an orderly transition to a more stable
			 democratic political order, the elements of which should include—
				(A)protections for
			 human rights, political participation, and religious freedom for all Syrians,
			 irrespective of religion, ethnicity, or gender;
				(B)support for the
			 rule of law;
				(C)rejection of
			 extremism;
				(D)the subordination
			 of the military to civilian authority;
				(E)protections
			 against sectarian violence and reprisal;
				(F)cooperation with
			 international counterterrorism and nonproliferation efforts;
				(G)support for
			 regional stability and non-interference in the affairs of neighboring
			 countries; and
				(H)promotion of
			 justice and accountability for conflict-related crimes;
				(8)to promote the
			 territorial integrity of Syria and the unity and continuity of the Syrian state
			 by—
				(A)supporting a
			 post-Assad government that is capable of providing security, services, and
			 fundamental rights for its people; and
				(B)opposing a role
			 in a post-Assad government of those whose presence would undermine its
			 credibility or jeopardize stability and reconciliation;
				(9)to provide
			 foreign assistance, defense articles, defense services, and training to members
			 of the Syrian Supreme Military Council, units of the Free Syrian Army, and
			 other Syrian entities opposed to the government of Bashar al-Assad that have
			 been properly vetted and share common values and interests with the United
			 States;
			(10)to closely
			 coordinate with key partners, including Turkey, Jordan, Israel, the Gulf
			 Cooperation Council, and the European Union, to ensure that the international
			 community is prepared for a military or diplomatic response, including the
			 creation of no-fly zones or safe havens, the protection of civilians, and the
			 securing of chemical or biological weapons, to mitigate or prevent
			 humanitarian, security, and proliferation emergencies; and
			(11)to support
			 efforts to catalogue and identify those individuals who commit or lead units or
			 organizations which commit abuses of human rights or other violations of
			 international law, and to ensure that they are held accountable for their
			 actions.
			IHumanitarian
			 assistance
			101.Humanitarian
			 assistance to the people of SyriaNotwithstanding any other provision of law,
			 the President is authorized to provide assistance, including to meet
			 humanitarian and basic human needs, to the people of Syria in carrying out the
			 provisions of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and
			 the Migration and Refugee Assistance Act.
			102.Sense of
			 CongressConsistent with the
			 policy objectives described in section 4, it is the sense of Congress
			 that—
				(1)the United States
			 should increase its own contributions and continue to coordinate with other
			 donor nations, the United Nations, other multilateral agencies, and
			 nongovernmental organizations to enhance the effectiveness of humanitarian
			 assistance to the people suffering as a result of the crisis in Syria;
				(2)countries hosting
			 Syrian refugees should be commended for their efforts and should be encouraged
			 to maintain an open border policy for fleeing Syrians;
				(3)the United States
			 Government should continue to work with these partners to help their national
			 systems accommodate the population influx and also maintain delivery of basic
			 services to their own citizens; and
				(4)the United States
			 Government should seek to identify humanitarian assistance as originating from
			 the American people wherever possible, while maintaining primary consideration
			 for the health and safety of the implementers and recipients of that assistance
			 and for the furtherance of United States foreign policy goals.
				103.Report on
			 strategy to communicate to the Syrian people about assistance provided by the
			 United States Government
				(a)In
			 generalNot later than 60 days after the date of the enactment of
			 this Act, the Secretary of State shall submit to the appropriate congressional
			 committees a classified report with an unclassified summary on an integrated
			 United States Government strategy to ensure that the people of Syria are made
			 aware to the maximum extent possible of the assistance that the United States
			 Government provides to Syrians, both inside Syria and those seeking refuge in
			 neighboring countries.
				(b)ContentThe
			 report should include the following elements:
					(1)A discussion of
			 how the United States balances three imperatives of—
						(A)maximizing the
			 efficacy of aid provided to the people of Syria;
						(B)ensuring that
			 there is awareness among the people of Syria on the amount and nature of this
			 aid; and
						(C)leveraging this
			 aid to improve the credibility of the Syrian Opposition Coalition amongst the
			 people of Syria.
						(2)Methods by which
			 the United States Government and its partners plan to communicate to the people
			 of Syria what assistance the United States has provided.
					(3)How the United
			 States Government can most effectively promote awareness of its assistance
			 while taking into consideration and ensuring the safety of its implementing
			 partners and personnel providing that assistance.
					(4)An assessment of
			 the Syrian Opposition Coalition’s Assistance Coordination Unit (ACU)’s capacity
			 to participate in the distribution of assistance, and a description of steps
			 the United States Government is taking to increase their profile so as to help
			 build their credibility among Syrians.
					(5)A review of the
			 risks associated with leveraging aid for political objectives and a description
			 of efforts to maintain neutrality in the distribution of goods while parallel
			 efforts are made to empower the opposition.
					IIPromoting an
			 effective transition
			201.Syrian
			 transition fund
				(a)Syrian
			 political transition fundThe President is authorized to
			 establish a Syria Transition Fund or to set aside a special allocation (in this
			 title referred to as the Transition Fund) from which funds may
			 be made available, notwithstanding any other provision of law, for assistance
			 and contributions to promote the objectives described in section 4 and for
			 related purposes. The Fund may rely upon the administrative authorities of the
			 Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), and obligation of such
			 funds shall be subject to the regular 15-day notification procedures. Such
			 notification may be waived if failure to do so would pose a substantial risk to
			 human health or welfare, in which case notification shall be provided as early
			 as practicable, but in no event later than 3 days after taking the action to
			 which such notification requirement was applicable.
				(b)PurposeThe
			 purpose of the Transition Fund is to provide initial support in the early
			 period of a potentially chaotic transition in Syria to enable an effective
			 political transition and provide for initiatives that will improve the security
			 of the United States, United States partners and allies, and the people of
			 Syria. The Transition Fund may be used to support activities including the
			 following:
					(1)Basic
			 servicesPrograms to provide for basic human, including
			 humanitarian, needs and establish basic governmental services.
					(2)Security sector
			 supportPrograms and actions to prevent anarchy, revenge attacks,
			 and criminal elements from threatening the people of Syria, potentially
			 transitioning to include providing funding for Syrian security forces, and to
			 fund projects to reshape and reform the security sector along democratic lines.
			 The security sector is understood to include personnel defending the Syrian
			 people from military attack and providing security services within communities
			 and on borders. Assistance to the emergent Syrian security sector should focus
			 on coordinated multilateral assistance to help nascent security providers
			 evolve into developed defense and security institutions within an inclusive and
			 effective security and justice sector.
					(3)Transitional
			 justice and conflict resolutionPrograms and activities that
			 allow the people of Syria to heal and transform in a constructive and positive
			 way, and reduce the likelihood of retribution or sectarian violence in the
			 aftermath of the end of the Assad regime.
					(4)Promoting
			 democracy and building democratic institutionsPrograms and
			 activities that—
						(A)facilitate the
			 development of an accountable effective democratic government;
						(B)facilitate the
			 development of an effective, peaceful civil society;
						(C)protect rule of
			 law during the transition;
						(D)support the
			 development and administration of a justice system based on universal human
			 rights;
						(E)assist with the
			 development of a Syrian constitution that fosters a sense of unity and
			 contributes to national reconciliation among different components of Syrian
			 society; and
						(F)support the
			 establishment of an inclusive and transparent electoral system in Syria.
						(5)Economic
			 restructuring and social policyPrograms that support the
			 resumption of economic activity, preserve functioning of public services,
			 restore access to international markets, empower the private sector, and
			 promote responsible and equitable social policies.
					(6)Historical
			 preservationPrograms that support historical preservation
			 efforts to help document the collective memory of the armed conflict in Syria
			 in order to support the processes of national reconciliation and
			 peace-building.
					(7)Collection of
			 evidence on human rights abusesPrograms that support the
			 collection of evidence connected with serious human rights abuses and
			 violations of international law.
					(c)Authorization
			 of appropriationsIn addition to other assistance authorized
			 under law, there is authorized to be appropriated or allocated to the
			 Transition Fund up to $250,000,000 annually for fiscal years 2013 through 2015.
			 These funds shall remain available until expended.
				(d)Uses of funds
			 for nonproliferationNotwithstanding any other provision of law,
			 up to $100,000,000 of the funds authorized under subsection (c) may also be
			 transferred to and merged with funds made available to carry out in Syria the
			 purposes of chapter 9 of part II of the Foreign Assistance Act of 1961 (22
			 U.S.C. 2349bb et seq.; nonproliferation and export control assistance).
				(e)Transfer
			 authority
					(1)In
			 generalIn addition to other transfer authorities available to
			 the Department of State or other United States Government agencies, funds
			 available for foreign assistance or funds of other United States Government
			 agencies involved in efforts related to the situation in Syria may be
			 transferred to or allocated as part of the Fund. Amounts so transferred shall
			 be merged with funds otherwise made available under this section and remain
			 available until expended for the purposes specified in subsection (b).
					(2)LimitThe
			 total amount of funds made available to, or allocated for, the Fund may not
			 exceed $250,000,000 in any fiscal year.
					(3)Transfer
			 authorityFunds available to carry out assistance authorized by
			 this section may be transferred to an agency or account determined most
			 appropriate to facilitate the provision of assistance authorized by this
			 section.
					(4)Additional to
			 other authoritiesThe transfer authorities in paragraphs (1) and
			 (3) are in addition to any other transfer authority available to the Department
			 of State or other United States Government agencies.
					(f)Annual
			 report
					(1)In
			 generalNot later than 180 days after the establishment of the
			 Transition Fund, or an allocation in reliance on the authorities of the
			 Transition Fund, and annually thereafter for the duration of the Transition
			 Fund, the Secretary of State shall submit to the appropriate congressional
			 committees a report on United States efforts to assist the political transition
			 in Syria with a specific focus on the efforts supported by the Transition
			 Fund.
					(2)ContentThe
			 report required under paragraph (1) shall include the following
			 elements:
						(A)A description of
			 the key efforts undertaken by the United States Government to support the
			 policy objectives outlined in section 4.
						(B)A description of
			 the efforts supported by the Transition Fund to support an effective and secure
			 political transition in Syria and how those activities align with the purposes
			 described in subsection (b).
						(C)Metrics and
			 benchmarks established and used by the Department of State to make allocations
			 from the Transition Fund, and to measure the performance of the Transition Fund
			 and its various components.
						(D)A description of
			 efforts undertaken to coordinate with other donors and ensure that there is not
			 a duplication of efforts, including among Federal agencies.
						(3)FormThe
			 report under paragraph (1) shall be submitted in unclassified form, but may
			 include a classified annex.
					202.Adjusting
			 sanctions provisions in preparation for a political transition
				(a)Removal of
			 sanctionsIt is the sense of Congress that, once the Government
			 of Syria has ceased its campaign of violence against the people of Syria and a
			 transition to a representative and inclusive recognized government has begun,
			 the United States Government should begin a phased process to remove sanctions
			 on Syria, provided that the post-Assad Government of Syria demonstrates its
			 willingness to—
					(1)support human
			 rights for all Syrians irrespective of sect or ethnicity;
					(2)reject terrorism;
			 and
					(3)cooperate with
			 the international community on nonproliferation efforts.
					(b)Amendment to
			 Syria Accountability and Lebanese Sovereignty Restoration Act of
			 2003Section 5 of the Syria Accountability and Lebanese
			 Sovereignty Restoration Act of 2003 (Public Law 108–175; 22 U.S.C. 2151 note)
			 is amended—
					(1)in subsection
			 (c)—
						(A)in paragraph
			 (1)—
							(i)by
			 inserting (A) after (1); and
							(ii)by
			 striking paragraphs (1) through (4) of subsection (d) and
			 inserting subparagraphs (A) through (D) of paragraph (1) of subsection
			 (d);
							(B)by redesignating
			 paragraphs (2) and (3) as subparagraphs (B) and (C), respectively; and
						(C)in subparagraph
			 (C), as redesignated by subparagraph (B) of this paragraph, by striking the
			 comma at the end and inserting the following: “or;

								(2)makes the
				determination that the Government of Syria meets the requirements described in
				paragraph (2) of such subsection and certifies such determination to Congress
				in accordance with such subsection,
								;
				and
						(2)in subsection
			 (d)—
						(A)in paragraph (1),
			 by inserting (A) after (1);
						(B)by redesignating
			 paragraphs (2), (3), and (4) as subparagraphs (B), (C), and (D), respectively;
			 and
						(C)in subparagraph
			 (D), as redesignated by subparagraph (B), by striking the period at the end and
			 inserting the following: “or;

								(2)(A)Bashar al-Assad is no
				longer the leader of Syria; and
									(B)the Government of Syria has ceased its
				campaign of violence against the people of Syria and begun the transition to a
				representative and inclusive government that supports the principles of—
										(i)human rights for all Syrians
				irrespective of sect, religion, or ethnicity;
										(ii)rejection of terrorism and
				particularly support for Hezbollah and other terrorist organizations;
										(iii)cooperation with the
				international community on nonproliferation efforts; and
										(iv)promotion of the unity and
				continuity of the Syrian
				state.
										.
						IIISanctions
			301.DefinitionsIn this title:
				(1)Appropriate
			 congressional committeesThe term appropriate congressional
			 committees means—
					(A)the Committee on
			 Foreign Relations, the Committee on Finance, and the Committee on Banking,
			 Housing, and Urban Affairs of the Senate; and
					(B)the Committee on
			 Foreign Affairs, the Committee on Ways and Means, and the Committee on
			 Financial Services of the House of Representatives.
					(2)Defense
			 article; defense serviceThe terms defense article
			 and defense service have the meanings given those terms in section
			 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403).
				(3)PersonThe
			 term person means an individual or entity.
				(4)PetroleumThe
			 term petroleum includes crude oil and any mixture of hydrocarbons
			 that exists in liquid phase in natural underground reservoirs and remains
			 liquid at atmospheric pressure after passing through surface separating
			 facilities.
				(5)Petroleum
			 productsThe term petroleum products includes
			 unfinished oils, liquefied petroleum gases, pentanes plus, aviation gasoline,
			 motor gasoline, naptha-type jet fuel, kerosene-type jet fuel, kerosene,
			 distillate fuel oil, residual fuel oil, petrochemical feedstocks, special
			 naphthas, lubricants, waxes, petroleum coke, asphalt, road oil, still gas, and
			 miscellaneous products obtained from the processing of crude oil (including
			 lease condensate), natural gas, and other hydrocarbon compounds.
				302.Imposition of
			 sanctions with respect to persons providing defense articles or defense
			 services to the Assad regime of SyriaOn or after the date that is 60 days after
			 the date of the enactment of this Act, the President may impose sanctions from
			 among the sanctions described in section 304 with respect to any person that
			 the President determines has, on or after such date of enactment, knowingly
			 participated in or facilitated a significant transaction related to the sale or
			 transfer of defense articles or defense services to the Assad regime of Syria,
			 including any successor entity comprised principally of loyalists to Bashar
			 al-Assad.
			303.Imposition of
			 sanctions with respect to persons providing petroleum or petroleum products to
			 the Assad regime of syria
				(a)In
			 generalOn or after the date
			 that is 60 days after the date of the enactment of this Act, the President
			 shall impose not fewer than 5 of the sanctions described in section 304 with
			 respect to each person that the President determines has, on or after such date
			 of enactment, knowingly participated in or facilitated a significant
			 transaction related to the sale or transfer of petroleum or petroleum products
			 to the Assad regime of Syria, including any successor entity comprised
			 principally of loyalists to Bashar al-Assad, that directly contribute to the
			 capability of the Assad regime, or any such successor entity, to continue its
			 aggression against the people of Syria.
				(b)Humanitarian
			 exceptionThe President may not impose sanctions under this
			 section with respect to any person for conducting or facilitating a transaction
			 necessary to meet humanitarian and basic human needs of the people of
			 Syria.
				304.Sanctions
			 describedThe sanctions the
			 President may impose with respect to a person under sections 302 and 303 are
			 the following:
				(1)Export-Import
			 Bank assistanceThe President may direct the Export-Import Bank
			 of the United States not to give approval to the issuance of any guarantee,
			 insurance, extension of credit, or participation in the extension of credit in
			 connection with the export of any goods or services to the person.
				(2)Procurement
			 sanctionThe President may prohibit the United States Government
			 entering into any contract for the procurement of any goods or services from
			 the person.
				(3)Import
			 sanctionsThe President may prohibit the importation into the
			 United States of products produced by the person.
				(4)Arms export
			 prohibitionThe President may prohibit the exportation or
			 provision by sale, lease or loan, grant or other means, directly or indirectly,
			 of any defense article or defense service to the person and the issuance of any
			 license or other approval to the person under section 38 of the Arms Export
			 Control Act (22 U.S.C. 2778).
				(5)Dual-use export
			 prohibitionThe President may deny licenses and suspend existing
			 licenses for the transfer to the person of items the export of which is
			 controlled under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et
			 seq.) (as in effect pursuant to the International Emergency Economic Powers Act
			 (50 U.S.C. 1701 et seq.)) or the Export Administration Regulations under
			 subchapter C of chapter VII of title 15, Code of Federal Regulations.
				(6)Property
			 transactionsThe President may, pursuant to such regulations as
			 the President may prescribe, prohibit the person from—
					(A)acquiring,
			 holding, withholding, using, transferring, withdrawing, transporting,
			 importing, or exporting any property that is subject to the jurisdiction of the
			 United States and with respect to which the person has any interest;
					(B)dealing in or
			 exercising any right, power, or privilege with respect to such property;
			 or
					(C)conducting any
			 transaction involving such property.
					(7)Visa
			 ineligibilityIn the case of a person that is an alien, the
			 President may direct the Secretary of State to deny a visa to, and the
			 Secretary of Homeland Security to exclude from the United States, the person,
			 subject to regulatory exceptions to permit the United States to comply with the
			 Agreement between the United Nations and the United States of America regarding
			 the Headquarters of the United Nations and other applicable international
			 obligations.
				305.Waiver
				(a)In
			 generalThe President may waive the application of section 302 or
			 303 if the President determines and reports to the appropriate congressional
			 committees every 180 days that the waiver is vital to the national security
			 interests of the United States.
				(b)FormA
			 report submitted under subsection (a) shall be submitted in unclassified form
			 but may include a classified annex.
				IVIncreased
			 Support for the Opposition
			401.Increased
			 support for the opposition
				(a)Increased
			 authorization To provide lethal and nonlethal assistance to Syrian armed
			 oppositionSubject to subsection (b), the President is
			 authorized, notwithstanding any other provision of law and using funds made
			 available for foreign assistance, to provide assistance, including defense
			 articles, defense services, and training to members of the Syrian Supreme
			 Military Council, units of the Free Syrian Army, and other Syrian entities
			 opposed to the government of Bashar al-Assad.
				(b)NotificationNot
			 later than 15 days before obligating funds or otherwise making commitments, as
			 the case may be, to provide the assistance described in subsection (a), the
			 President shall submit to the appropriate congressional committees—
					(1)a certification
			 that—
						(A)assistance to any
			 unit is being provided in accordance with section 620M of the Foreign
			 Assistance Act of 1961 (22 U.S.C. 2378d);
						(B)the leader or
			 leaders of any unit for which assistance is planned to be provided are, based
			 on the information available to the United States Government—
							(i)not
			 affiliated with any organization that has been designated as a foreign
			 terrorist organization pursuant to section 219 of the Immigration and
			 Nationality Act (8 U.S.C. 1189);
							(ii)opposed to the
			 carrying out of sectarian violence and revenge killings; and
							(iii)committed to
			 civilian rule and the rule of law for Syria;
							(C)any military
			 education and training will include information on observance of and respect
			 for applicable laws of war, human rights, and fundamental freedoms; and
						(D)no man-portable
			 air defense systems (MANPADS) will be transferred as part of the assistance;
			 and
						(2)a written policy
			 justification, budget, execution plan and timeline, and anticipated completion
			 date for the planned activity.
					(c)Code of
			 conductThe United States Government shall encourage any entity
			 receiving assistance pursuant to subsection (a) to commit to a code of conduct
			 that includes respect for the applicable laws of war, human rights, fundamental
			 freedoms, and a commitment to refrain from sectarian violence.
				(d)Reporting
			 requirementIn the event that the President exercises the
			 authority in subsection (a), the President shall submit to the appropriate
			 congressional committees every 90 days thereafter until such time as the
			 authority is no longer being exercised, a detailed report on—
					(1)the education,
			 training or assistance provided;
					(2)the vetting
			 conducted to satisfy the certification requirement in subsection (b)(1);
			 and
					(3)steps taken to
			 encourage the development of a code of conduct outlined in subsection
			 (c).
					(e)Sunset
			 provisionThe authority described in subsection (a) shall
			 terminate on October 1, 2018.


116 HR 5595 IH: Israel Anti-Boycott Act
U.S. House of Representatives
2020-01-13
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.

I116th CONGRESS2d SessionH. R. 5595IN THE HOUSE OF REPRESENTATIVESJanuary 13, 2020Mr. Zeldin (for himself, Mr. McCaul, Mr. Barr, Mr. Cook, Mr. Gibbs, Mr. Schweikert, Mr. Marshall, Mr. Weber of Texas, Mr. Walker, Mr. Grothman, Mr. David P. Roe of Tennessee, Mr. Perry, Mr. Rouzer, Mr. Katko, Mrs. Hartzler, Mr. Latta, Mr. Rogers of Alabama, Mr. Comer, Mrs. Rodgers of Washington, Mr. Suozzi, Mr. Mooney of West Virginia, Mr. Biggs, Mr. Flores, Mr. Byrne, Mr. Babin, Mr. Banks, Mr. Mitchell, Mr. Mast, Mr. Wilson of South Carolina, Mr. Johnson of Ohio, Mrs. Walorski, Mr. Kustoff of Tennessee, Mr. Gaetz, Mrs. Brooks of Indiana, Mr. Fleischmann, Mr. Estes, Ms. Foxx of North Carolina, Mr. Abraham, Mr. Graves of Georgia, Mr. DesJarlais, Mr. Davidson of Ohio, Mr. Rodney Davis of Illinois, Mr. Collins of Georgia, Mr. Cole, Mr. Dunn, Mr. Bishop of Utah, Mr. Newhouse, Ms. Stefanik, Mr. Bucshon, Mr. Mullin, Mr. Budd, Mr. Diaz-Balart, Mr. Long, Mr. Crenshaw, Mr. Ferguson, Mr. Austin Scott of Georgia, Mr. Carter of Texas, Mr. Curtis, Mr. Yoho, and Mr. Norman) introduced the following bill; which was referred to the Committee on Foreign AffairsA BILLTo impose additional prohibitions relating to foreign boycotts under Export Control Reform Act of
			 2018, and for other purposes.

 1.Short titleThis title may be cited as the Israel Anti-Boycott Act. 2.Sense of CongressIt is the sense of Congress that—
 (1)the Government of the United States should use its voice, vote, and influence with and in international governmental organizations to actively oppose politically motivated actions to boycott, divest from, or sanction Israel;
 (2)the Government of the United States combats anti-Israel boycotts and other discriminatory activity under the Export Control Reform Act of 2018 (subtitle B of title XVII of Public Law 115–232), under part VI of title X of the Tax Reform Act of 1976 (Public Law 94–455; 90 Stat. 1649) (commonly referred to as the Ribicoff Amendment), through trade promotion authorities, in free trade agreements, and in accession negotiations to the World Trade Organization; however, due to the increased anti-Israel economic activity in international governmental organizations, it is necessary to update Federal authorities to combat anti-Israel boycotts and other discriminatory activity in such fora, including the United Nations Human Rights Council;
 (3)actions to boycott, divest from, or sanction Israel represent a concerted effort to extract concessions from Israel outside of direct negotiations between the Israelis and Palestinians; and
 (4)the United States-Israel Strategic Partnership Act of 2014 (Public Law 113–296; 128 Stat. 4075) should be fully implemented through enhanced, governmentwide, coordinated United States-Israel scientific and technological cooperation in civilian areas, such as with respect to energy, water, agriculture, alternative fuel technology, civilian space technology, and security in order to counter the effects of actions to boycott, divest from, or sanction Israel.
			3.Additional prohibitions relating to foreign boycotts under Export Control Reform Act of 2018
 (a)Declaration of policySection 1772 of the Export Control Reform Act of 2018 (50 U.S.C. 4841) is amended— (1)by amending paragraph (1) to read as follows:

 (1)to oppose restrictive trade practices or boycotts fostered or imposed by foreign countries or international governmental organizations, or efforts by foreign countries or international governmental organizations to collect information that have the effect of furthering or supporting restrictive trade practices or boycotts fostered or imposed by foreign countries or international governmental organizations, against other countries friendly to the United States or against any United States person;; and
 (2)in paragraph (2), by inserting or international governmental organization after any foreign country. (b)Foreign boycottsSection 1773 of the Export Control Reform Act of 2018 (50 U.S.C. 4842) is amended—
 (1)in subsection (a)— (A)in paragraph (1)—
 (i)in the matter preceding subparagraph (A)— (I)by striking United States person and inserting covered person; and
 (II)by inserting after foreign country the following: or an international governmental organization, or efforts by a foreign country or international governmental organization to collect information that have the effect of furthering or supporting restrictive trade practices or boycotts fostered or imposed by a foreign country or international governmental organization,;
 (ii)in subparagraph (A), by inserting or international governmental organization (as the case may be) after of the boycotting country; (iii)in subparagraph (D)—
 (I)by inserting (i) after (D); (II)by inserting or with the international governmental organization (as the case may be) after in the boycotting country; and
 (III)by striking the last sentence and inserting the following:  (ii)Furnishing information to a foreign country or international governmental organization in response to efforts by a foreign country or international governmental organization to collect information that have the effect of furthering or supporting a restrictive trade practice or boycott fostered or imposed by a foreign country or international governmental organization. Such information includes information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply)—
 (I)with or in the country to which the restrictive trade practice or boycott applies; (II)with any business concern organized under the laws of that country;
 (III)with any national or resident of that country; or (IV)with any other person which is known or believed to be restricted from having any business relationship with or in a foreign country, or with an international governmental organization, that fosters or imposes the restrictive trade practice or boycott.
 (iii)Nothing in this paragraph shall prohibit the furnishing of normal business information in a commercial context as defined by the Secretary.; and
 (iv)in subparagraph (F), by striking United States person and inserting covered person; and (B)in paragraph (2)(F), by striking United States person and inserting covered person; and
 (C)in paragraph (5), by striking United States person and inserting covered person; (2)in subsection (c), by inserting or international governmental organizations against other countries, or regarding efforts by foreign countries or international governmental organizations to collect information that have the effect of furthering or supporting restrictive trade practices or boycotts fostered or imposed by foreign countries or international governmental organizations after foreign countries; and
 (3)by adding at the end the following:  (d)Covered person defined (1)In generalIn this section, the term covered person means—
 (A)any domestic concern (including any permanent domestic establishment of any foreign concern); (B)any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President;
 (C)the government of the United States or any State, territory, or possession of the United States, or any subdivision, department, agency, or commission of any such government; or
 (D)an individual who is— (i)a United States resident or national (other than such an individual residing outside the United States and employed by other than a United States person);
 (ii)an owner, officer, director, employee, or agent of a domestic concern described in subparagraph (A) or a foreign subsidiary or affiliate described in subparagraph (B) or an officer, director, employee, or agent of an entity described in subparagraph (C); and
 (iii)acting in the individual’s official capacity as such an owner, officer, director, employee, or agent.
 (2)Domestic concernFor purposes of paragraph (1), the term domestic concern does not include an individual.. (c)Violations of section 1773(a)Section 1774 of the Export Control Reform Act of 2018 (50 U.S.C. 4843) is amended—
 (1)in subsection (a), by striking A person and inserting Except as provided in subsection (e), a person; and (2)by adding at the end the following:

						(e)Certain violations of section 1773(a)
 (1)In generalWhoever knowingly violates or conspires to or attempts to violate a regulation issued under section 1773(a) prohibiting an action described in paragraph (2) shall be subject to only a monetary penalty under subsection (a) or (b).
 (2)Actions describedAn action described in this paragraph is any action described in subparagraphs (A) through (F) of section 1773(a)(1) taken by a covered person (as defined in section 1773(d)), or knowingly agreed to be taken by such a person, with respect to the person's activities in the interstate or foreign commerce of the United States, with the intent to comply with, further, or support—
 (A)any boycott fostered or imposed by an international governmental organization against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation; or
 (B)efforts by a foreign country or international governmental organization to collect information that have the effect of furthering or supporting restrictive trade practices or boycotts fostered or imposed by a foreign country or international governmental organization against a country described in subparagraph (A)..
 (d)DefinitionsPart II of the Export Control Reform Act of 2018 is amended by adding at the end the following:  1775.DefinitionsIn this part:
 (1)International governmental organizationThe term international governmental organization includes— (A)the United Nations, including organizations within the United Nations such as the United Nations Human Rights Council; and
 (B)the European Union. (2)Efforts by a foreign country or international governmental organization, etcThe term efforts by a foreign country or international governmental organization to collect information that have the effect of furthering or supporting a restrictive trade practice or boycott fostered or imposed by a foreign country or international governmental organization includes efforts by the United Nations Human Rights Council to collect information for the establishment of a database of entities that operate, or have business relations with entities that operate, beyond Israel’s 1949 Armistice lines, including East Jerusalem..
 (e)Effective dateThe amendments made by this section shall take effect on the date of the enactment of this Act and apply with respect to actions described in section 1773(a) of the Export Control Reform Act of 2018 (50 U.S.C. 4842(a)) taken or knowingly agreed to be taken on or after such date of enactment.
			4.Rules of construction
 (a)Nothing diminishing first amendmentNothing in this Act or an amendment made by this Act shall be construed to diminish or infringe upon any right protected under the first amendment to the Constitution.
 (b)Noncommercial speech or other expressive activityConsistent with current enforcement practices of the Department of Commerce, nothing in this Act or an amendment made by this Act shall be construed to permit a person’s noncommercial speech or other noncommercial expressive activity to be used—
 (1)as evidence to prove a violation of section 1773(a) of the Export Control Reform Act of 2018 (50 U.S.C. 4842(a)), as amended by section 3(b), including as evidence to prove intent to violate such section 1773(a); or
 (2)as support for initiating an investigation into whether such a violation has occurred.