		I
		112th CONGRESS
		1st Session
		H. R. 1144
		IN THE HOUSE OF REPRESENTATIVES

			March 17, 2011
			Mr. Cummings (for
			 himself, Mr. Towns,
			 Mr. Clay, Mrs. Maloney, Ms.
			 Norton, Mr. Kucinich,
			 Mr. Tierney,
			 Mr. Lynch,
			 Mr. Cooper,
			 Mr. Connolly of Virginia,
			 Mr. Quigley,
			 Mr. Davis of Illinois,
			 Mr. Braley of Iowa,
			 Mr. Welch,
			 Mr. Yarmuth,
			 Mr. Murphy of Connecticut, and
			 Ms. Speier) introduced the following
			 bill; which was referred to the Committee
			 on Oversight and Government Reform

		A BILL
		To increase the transparency of the Federal Government,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Transparency and Openness in
			 Government Act.
		2.Table of
			 contentsThe table of contents
			 for this Act is as follows:

				Sec. 1. Short title.
				Sec. 2. Table of contents.
				Title I—Federal Advisory Committee Act Amendments
				Sec. 101. Ensuring independent advice and
				expertise.
				Sec. 102. Preventing efforts to circumvent the Federal Advisory
				Committee Act and public disclosure.
				Sec. 103. Increasing transparency of advisory
				committees.
				Sec. 104. Comptroller General review and reports.
				Sec. 105. Application of Federal Advisory Committee Act to
				Trade Advisory Committees.
				Sec. 106. Definitions.
				Sec. 107. Effective date.
				Title II—Presidential Records Act Amendments
				Sec. 201. Procedures for consideration of claims of
				constitutionally based privilege against disclosure.
				Title III—Presidential Library Donation Reform
				Sec. 301. Presidential libraries.
				Title IV—Electronic Message Preservation
				Sec. 401. Preservation of electronic messages.
				Sec. 402. Presidential records.
				Sec. 403. Procedures to prevent unauthorized removal of
				classified records from National Archives.
				Sec. 404. Restrictions on access to presidential
				records.
				Title V—Government Accountability Office Improvement
				Sec. 501. Authority to obtain information.
				Sec. 502. Administering oaths.
				Sec. 503. Agency reports.

		IFederal Advisory
			 Committee Act Amendments
			101.Ensuring
			 independent advice and expertise
				(a)Bar on political
			 litmus testsSection 9 of the
			 Federal Advisory Committee Act (5 U.S.C. App.) is amended—
					(1)in the section
			 heading by inserting membership; after
			 advisory
			 committees;;
					(2)by redesignating
			 subsections (b) and (c) as subsections (e) and (f), respectively; and
					(3)by inserting after
			 subsection (a) the following:

							(b)Appointments
				made without regard to political affiliation or activityAll
				appointments to advisory committees shall be made without regard to political
				affiliation or political activity, unless required by Federal
				statute.
							.
					(b)Minimizing
			 conflicts of interestSection 9 of the Federal Advisory Committee
			 Act (5 U.S.C. App.) is further amended by inserting after subsection (b) (as
			 added by subsection (a)) the following:

						(c)Public
				Nominations of Committee MembersPrior to appointing members to an advisory
				committee, the head of an agency shall give interested persons an opportunity
				to suggest potential committee members. The agency shall include a request for
				comments in the Federal Register notice required under subsection (a) and
				provide a mechanism for interested persons to comment through the official Web
				site of the agency. The agency shall consider any comments submitted under this
				subsection in selecting the members of an advisory committee.
						(d)Designation of
				Committee Members
							(1)An individual
				appointed to an advisory committee who is not a full-time or permanent
				part-time officer or employee of the Federal Government shall be designated
				as—
								(A)a special
				government employee, if the individual is providing advice based on the
				individual’s expertise or experience; or
								(B)a representative,
				if the individual is representing the views of an entity or entities outside of
				the Federal Government.
								(2)An agency may not
				designate committee members as representatives to avoid subjecting them to
				Federal ethics rules and requirements.
							(3)The designated
				agency ethics official for each agency shall review the members of each
				advisory committee that reports to the agency to determine whether each
				member’s designation is appropriate, and to redesignate members if appropriate.
				The designated agency ethics official shall certify to the head of the agency
				that such review has been made—
								(A)following the
				initial appointment of members; and
								(B)at the time a
				committee’s charter is renewed, or, in the case of a committee with an
				indefinite charter, every 2 years.
								(4)The head of each
				agency shall inform each individual appointed to an advisory committee that
				reports to the agency whether the individual is appointed as a special
				government employee or as a representative. The agency head shall provide each
				committee member with an explanation of the differences between special
				government employees and representatives and a summary of applicable ethics
				requirements. The agency head, acting through the designated agency ethics
				official, shall obtain signed and dated written confirmation from each
				committee member that the member received and reviewed the information required
				by this paragraph.
							(5)The Director of
				the Office of Government Ethics shall provide guidance to agencies on what to
				include in the summary of ethics requirements required by paragraph (4).
							(6)The head of each
				agency shall, to the extent practicable, develop and implement strategies to
				minimize the need for written determinations under section 208(b)(1) of title
				18, United States Code. Strategies may include such efforts as improving
				outreach efforts to potential committee members and seeking public input on
				potential committee
				members.
							.
				(c)Regulations
			 implementing FACASection 7(c) of the Federal Advisory Committee
			 Act (5 U.S.C. App.) is amended by inserting after (c) the
			 following: The Administrator shall promulgate regulations as necessary
			 to implement this Act..
				102.Preventing
			 efforts to circumvent the Federal Advisory Committee Act and public
			 disclosure
				(a)De facto
			 membersSection 4 of the
			 Federal Advisory Committee Act (5 U.S.C. App.) is amended by adding at the end
			 the following:

						(d)Treatment of
				individual as memberAn individual who is not a full-time or
				permanent part-time officer or employee of the Federal Government shall be
				regarded as a member of a committee if the individual regularly attends and
				fully participates in committee meetings as if the individual were a member,
				even if the individual does not have the right to vote or veto the advice or
				recommendations of the advisory
				committee.
						.
				(b)SubcommitteesSection 4 of the Federal Advisory Committee
			 Act (5 U.S.C. App.) is amended by striking subsection (a) and inserting the
			 following:

						(a)ApplicationThe provisions of this Act or of any rule,
				order, or regulation promulgated under this Act shall apply to each advisory
				committee, including any subcommittee or subgroup thereof, except to the extent
				that any Act of Congress establishing any such advisory committee specifically
				provides otherwise. Any subcommittee or subgroup that reports to a parent
				committee established under section 9(a) is not required to comply with section
				9(f). In this subsection, the term subgroup includes any working
				group, task force, or other entity formed for the purpose of assisting the
				committee or any subcommittee of the committee in its
				work.
						.
				(c)Committees
			 created under contractSection 3(2) of the Federal Advisory
			 Committee Act (5 U.S.C. App.) is amended in the matter following subparagraph
			 (C) by adding at the end the following: An advisory committee is
			 considered to be established by an agency, agencies, or the President if it is
			 formed, created, or organized under contract, other transactional authority,
			 cooperative agreement, grant, or otherwise at the request or direction of an
			 agency, agencies, or the President..
				(d)Advisory
			 committees containing special government employeesSection 4 of
			 the Federal Advisory Committee Act (5 U.S.C. App.) is further amended by adding
			 at the end the following new subsection:

						(e)Special
				government employeesCommittee members appointed as special
				government employees shall not be considered full-time or permanent part-time
				officers or employees of the Federal Government for purposes of determining the
				applicability of this Act under section
				3(2).
						.
				103.Increasing
			 transparency of advisory committees
				(a)Information
			 requirementSection 11 of the
			 Federal Advisory Committee Act (5 U.S.C. App.) is amended—
					(1)by striking the
			 section designation and heading and inserting the following:

							11.Disclosure of
				information
							;
					(2)by redesignating
			 subsection (a) as subsection (d) and in that subsection—
						(A)by inserting the
			 following subsection heading: Availability of Paper Copies of
			 Transcripts.—; and
						(B)by inserting after
			 duplication, the following: paper ;
						(3)by striking
			 (b) and inserting (e)
			 Agency proceeding
			 defined.—; and
					(4)by inserting
			 before subsection (d), as redesignated by paragraph (2), the following new
			 subsections:

							(a)In
				generalWith respect to each
				advisory committee, the head of the agency to which the advisory committee
				reports shall make publicly available in accordance with subsection (b) the
				following information:
								(1)The charter of the
				advisory committee.
								(2)A description of
				the process used to establish and appoint the members of the advisory
				committee, including the following:
									(A)The process for
				identifying prospective members.
									(B)The process of
				selecting members for balance of viewpoints or expertise.
									(C)The reason each member was appointed to the
				committee.
									(D)A justification of
				the need for representative members, if any.
									(3)A list of all current members, including,
				for each member, the following:
									(A)The name of any
				person or entity that nominated the member.
									(B)Whether the member
				is designated as a special government employee or a representative.
									(C)In the case of a
				representative, the individuals or entity whose viewpoint the member
				represents.
									(4)A list of all members designated as special
				government employees for whom written certifications were made under section
				208(b) of title 18, United States Code, a copy of each such certification, a
				summary description of the conflict necessitating the certification, and the
				reason for granting the certification.
								(5)Any recusal agreement made by a member or
				any recusal known to the agency that occurs during the course of a meeting or
				other work of the committee.
								(6)A summary of the process used by the
				advisory committee for making decisions.
								(7)Transcripts or
				audio or video recordings of all meetings of the committee.
								(8)Any written
				determination by the President or the head of the agency to which the advisory
				committee reports, pursuant to section 10(d), to close a meeting or any portion
				of a meeting and the reasons for such determination.
								(9)Notices of future
				meetings of the committee.
								(10)Any additional information considered
				relevant by the head of the agency to which the advisory committee
				reports.
								(b) Manner of
				disclosure
								(1)Except as provided in paragraph (2), the
				head of an agency shall make the information required to be disclosed under
				this section available electronically on the official public Internet site of
				the agency at least 15 calendar days before each meeting of an advisory
				committee. If the head of the agency determines that such timing is not
				practicable for any required information, he shall make the information
				available as soon as practicable but no later than 48 hours before the next
				meeting of the committee. An agency may withhold from disclosure any
				information that would be exempt from disclosure under section 552 of title 5,
				United States Code.
								(2)The head of an agency shall make available
				electronically, on the official public Internet site of the agency, a
				transcript or audio or video recording of each advisory committee meeting as
				required by subsection (a)(6) not later than 30 calendar days after the
				meeting.
								(c)Provision of
				information by Administrator of General ServicesThe
				Administrator of General Services shall provide, on the official public
				Internet site of the General Services Administration, electronic access to the
				information made available by each agency under this
				section.
							.
					(b)Charter
			 filingSection 9(f) of the
			 Federal Advisory Committee Act (5 U.S.C. App.), as redesignated by section 101,
			 is amended—
					(1)by striking
			 with (1) the Administrator, and all that follows through
			 , or and inserting (1) with the Administrator
			 and;
					(2)by striking
			 and at the end of subparagraph (I);
					(3)by striking the
			 period and inserting a semicolon at the end of subparagraph (J); and
					(4)by adding at the end the following new
			 subparagraphs:

							(K)the authority under which the committee is
				established;
							(L)the estimated number of members and a
				description of the expertise needed to carry out the objectives of the
				committee;
							(M)a description of whether the committee
				will be composed of special government employees, representatives, or members
				from both categories; and
							(N)whether the committee has the
				authority to create subcommittees and if so, the agency official authorized to
				exercise such
				authority.
							.
					104.Comptroller
			 General review and reports
				(a)ReviewThe Comptroller General of the United
			 States shall review compliance by agencies with the Federal Advisory Committee
			 Act, as amended by this title, including whether agencies are appropriately
			 appointing advisory committee members as either special government employees or
			 representatives.
				(b)ReportThe Comptroller General shall submit to the
			 committees described in subsection (c) two reports on the results of the
			 review, as follows:
					(1)The first report
			 shall be submitted not later than one year after the date of promulgation of
			 regulations under section 101.
					(2)The second report
			 shall be submitted not later than five years after such date of promulgation of
			 regulations.
					(c)CommitteesThe
			 committees described in this subsection are the Committee on Oversight and
			 Government Reform of the House of Representatives and the Committee on Homeland
			 Security and Governmental Affairs of the Senate.
				105.Application of
			 Federal Advisory Committee Act to Trade Advisory CommitteesSection 135(f)(2)(A) of the Trade Act of
			 1974 (19 U.S.C. 2155) is amended by striking subsection (a) and (b) of
			 sections 10 and 11 of the Federal Advisory Committee Act and inserting
			 subsections (a) and (b) of section 10 and subsections (a)(7), (a)(8),
			 (a)(9), (d), and (e) of section 11 of the Federal Advisory Committee
			 Act.
			106.DefinitionsSection 3 of the Federal Advisory Committee
			 Act (5 U.S.C. App.) is amended by adding at the end the following new
			 paragraph:

					(5)The term
				special Government employee has the same meaning as in section
				202(a) of title 18, United States
				Code.
					.
			107.Effective
			 dateThis title shall take
			 effect 30 days after the date of the enactment of this Act.
			IIPresidential
			 Records Act Amendments
			201.Procedures for
			 consideration of claims of constitutionally based privilege against
			 disclosure
				(a)In
			 generalChapter 22 of title 44,
			 United States Code, is amended by adding at the end the following:

						2208.Claims of
				constitutionally based privilege against disclosure
							(a)(1)When the Archivist
				determines under this chapter to make available to the public any Presidential
				record that has not previously been made available to the public, the Archivist
				shall—
									(A)promptly provide notice of such
				determination to—
										(i)the former President during whose
				term of office the record was created; and
										(ii)the incumbent President;
				and
										(B)make the notice available to the
				public.
									(2)The notice under paragraph
				(1)—
									(A)shall be in writing; and
									(B)shall include such information as may
				be prescribed in regulations issued by the Archivist.
									(3)(A)Upon the expiration of
				the 60-day period (excepting Saturdays, Sundays, and legal public holidays)
				beginning on the date the Archivist provides notice under paragraph (1)(A), the
				Archivist shall make available to the public the Presidential record covered by
				the notice, except any record (or reasonably segregable part of a record) with
				respect to which the Archivist receives from a former President or the
				incumbent President notification of a claim of constitutionally based privilege
				against disclosure under subsection (b).
									(B)A former President or the incumbent
				President may extend the period under subparagraph (A) once for not more than
				30 additional days (excepting Saturdays, Sundays, and legal public holidays) by
				filing with the Archivist a statement that such an extension is necessary to
				allow an adequate review of the record.
									(C)Notwithstanding subparagraphs (A) and
				(B), if the 60-day period under subparagraph (A), or any extension of that
				period under subparagraph (B), would otherwise expire during the 6-month period
				after the incumbent President first takes office, then that 60-day period or
				extension, respectively, shall expire at the end of that 6-month period.
									(b)(1)For purposes of this section, the decision
				to assert any claim of constitutionally based privilege against disclosure of a
				Presidential record (or reasonably segregable part of a record) must be made
				personally by a former President or the incumbent President, as
				applicable.
								(2)A former President or the incumbent
				President shall notify the Archivist, the Committee on Oversight and Government
				Reform of the House of Representatives, and the Committee on Homeland Security
				and Governmental Affairs of the Senate of a privilege claim under paragraph (1)
				on the same day that the claim is asserted under such paragraph.
								(c)(1)If a claim of constitutionally based
				privilege against disclosure of a Presidential record (or reasonably segregable
				part of a record) is asserted under subsection (b) by a former President, the
				Archivist shall consult with the incumbent President, as soon as practicable
				during the period specified in paragraph (2)(A), to determine whether the
				incumbent President will uphold the claim asserted by the former
				President.
								(2)(A)Not later than the end of the 30-day period
				beginning on the date of which the Archivist receives notification from a
				former President of the assertion of a claim of constitutionally based
				privilege against disclosure, the Archivist shall provide notice to the former
				President and the public of the decision of the incumbent President under
				paragraph (1) regarding the claim.
									(B)If the incumbent President upholds the
				claim of privilege asserted by the former President, the Archivist shall not
				make the Presidential record (or reasonably segregable part of a record)
				subject to the claim publicly available unless—
										(i)the incumbent President withdraws the
				decision upholding the claim of privilege asserted by the former President;
				or
										(ii)the Archivist is otherwise directed
				by a final court order that is not subject to appeal.
										(C)If the incumbent President determines not
				to uphold the claim of privilege asserted by the former President, or fails to
				make the determination under paragraph (1) before the end of the period
				specified in subparagraph (A), the Archivist shall release the Presidential
				record subject to the claim at the end of the 90-day period beginning on the
				date on which the Archivist received notification of the claim, unless
				otherwise directed by a court order in an action initiated by the former
				President under section 2204(e) of this title or by a court order in another
				action in Federal court.
									(d)The Archivist
				shall not make publicly available a Presidential record (or reasonably
				segregable part of a record) that is subject to a privilege claim asserted by
				the incumbent President unless—
								(1)the incumbent
				President withdraws the privilege claim; or
								(2)the Archivist is
				otherwise directed by a final court order that is not subject to appeal.
								(e)The Archivist
				shall adjust any otherwise applicable time period under this section as
				necessary to comply with the return date of any congressional subpoena,
				judicial subpoena, or judicial
				process.
							.
				(b)RestrictionsSection
			 2204 of title 44, United States Code (relating to restrictions on access to
			 presidential records) is amended by adding at the end the following new
			 subsection:

						(f)The Archivist
				shall not make available any original presidential records to any individual
				claiming access to any presidential record as a designated representative under
				section 2205(3) if that individual has been convicted of a crime relating to
				the review, retention, removal, or destruction of records of the
				Archives.
						.
				(c)Conforming
			 amendments(1)Section 2204(d) of title
			 44, United States Code, is amended by inserting , except section
			 2208, after chapter.
					(2)Section 2205 of title 44, United
			 States Code, is amended by inserting and 2208 after
			 2204,
					(3)Section 2207 of title 44, United
			 States Code, is amended in the second sentence by inserting , except
			 section 2208, after chapter.
					(d)Clerical
			 amendmentThe table of sections at the beginning of chapter 22 of
			 title 44, United States Code, is amended by adding at the end the
			 following:

							2208. Claims of constitutionally based
				privilege against
				disclosure.

						.
				(e)Rule of
			 constructionNothing in the amendment made by subsection (c)(3)
			 shall be construed to—
					(1)affect the
			 requirement of section 2207 of title 44, United States Code, that Vice
			 Presidential records shall be subject to chapter 22 of that title in the same
			 manner as Presidential records; or
					(2)affect any claim
			 of constitutionally based privilege by a President or former President with
			 respect to a Vice Presidential record.
					IIIPresidential
			 Library Donation Reform
			301.Presidential
			 libraries
				(a)In
			 GeneralSection 2112 of title 44, United States Code, is amended
			 by adding at the end the following new subsection:

						(h)(1)Any Presidential library
				fundraising organization shall submit on a quarterly basis, in accordance with
				paragraph (2), information with respect to every contributor who gave the
				organization a contribution or contributions (whether monetary or in-kind)
				totaling $200 or more for the quarterly period.
							(2)For purposes of paragraph (1)—
								(A)the entities to which information shall be
				submitted under that paragraph are the Administration, the Committee on
				Oversight and Government Reform of the House of Representatives, and the
				Committee on Homeland Security and Governmental Affairs of the Senate;
								(B)the dates by which information shall
				be submitted under that paragraph are April 15, July 15, October 15, and
				January 15 of each year and of the following year (for the fourth quarterly
				filing);
								(C)the requirement to submit information
				under that paragraph shall continue until the later of the following
				occurs:
									(i)The Archivist has accepted, taken
				title to, or entered into an agreement to use any land or facility for the
				archival depository.
									(ii)The President whose archives are
				contained in the depository no longer holds the Office of President and a
				period of four years has expired (beginning on the date the President left the
				Office).
									(3)In this subsection:
								(A)The term Presidential library
				fundraising organization means an organization that is established for
				the purpose of raising funds for creating, maintaining, expanding, or
				conducting activities at—
									(i)a Presidential archival depository;
				or
									(ii)any facilities relating to a
				Presidential archival depository.
									(B)The term information
				means the following:
									(i)The amount or value of each
				contribution made by a contributor referred to in paragraph (1) in the quarter
				covered by the submission.
									(ii)The source of each such
				contribution, and the address of the entity or individual that is the source of
				the contribution.
									(iii)If the source of such a
				contribution is an individual, the occupation of the individual.
									(iv)The date of each such
				contribution.
									(4)The Archivist shall make available to the
				public through the Internet (or a successor technology readily available to the
				public) as soon as is practicable after each quarterly filing any information
				that is submitted under paragraph (1). The information shall be made available
				without a fee or other access charge, in a searchable, sortable, and
				downloadable database.
							(5)(A)It shall be unlawful for
				any person who makes a contribution described in paragraph (1) to knowingly and
				willfully submit false material information or omit material information with
				respect to the contribution to an organization described in such
				paragraph.
								(B)The penalties described in section
				1001 of title 18, United States Code, shall apply with respect to a violation
				of subparagraph (A) in the same manner as a violation described in such
				section.
								(6)(A)It shall be unlawful for
				any Presidential library fundraising organization to knowingly and willfully
				submit false material information or omit material information under paragraph
				(1).
								(B)The penalties described in section
				1001 of title 18, United States Code, shall apply with respect to a violation
				of subparagraph (A) in the same manner as a violation described in such
				section.
								(7)(A)It shall be unlawful for
				a person to knowingly and willfully—
									(i)make a contribution described in
				paragraph (1) in the name of another person;
									(ii)permit his or her name to be used to
				effect a contribution described in paragraph (1); or
									(iii)accept a contribution described in
				paragraph (1) that is made by one person in the name of another person.
									(B)The penalties set forth in section
				309(d) of the Federal Election Campaign Act of
				1971 (2 U.S.C. 437g(d)) shall apply to a violation of subparagraph
				(A) in the same manner as if such violation were a violation of section
				316(b)(3) of such Act (2 U.S.C. 441b(b)(3)).
								(8)The Archivist shall promulgate
				regulations for the purpose of carrying out this
				subsection.
							.
				(b)ApplicabilitySection
			 2112(h) of title 44, United States Code (as added by subsection (a))—
					(1)shall apply to an
			 organization established for the purpose of raising funds for creating,
			 maintaining, expanding, or conducting activities at a Presidential archival
			 depository or any facilities relating to a Presidential archival depository
			 before, on or after the date of the enactment of this Act; and
					(2)shall only apply
			 with respect to contributions (whether monetary or in-kind) made after the date
			 of the enactment of this Act.
					IVElectronic
			 Message Preservation
			401.Preservation of
			 electronic messages
				(a)Requirement for
			 Preservation of Electronic Messages
					(1)In
			 generalChapter 29 of title 44, United States Code, is amended by
			 adding at the end the following new section:

							2911.Electronic
				messages
								(a)Regulations
				RequiredNot later than 18
				months after the date of the enactment of this section, the Archivist shall
				promulgate regulations governing agency preservation of electronic messages
				that are records. Such regulations shall, at a minimum—
									(1)require the
				electronic capture, management, and preservation of such electronic records in
				accordance with the records disposition requirements of chapter 33 of this
				title;
									(2)require that such
				electronic records are readily accessible for retrieval through electronic
				searches;
									(3)establish
				mandatory minimum functional requirements for electronic records management
				systems to ensure compliance with the requirements in paragraphs (1) and
				(2);
									(4)establish a
				process to certify that Federal agencies’ electronic records management systems
				meet the functional requirements established under paragraph (3); and
									(5)include timelines
				for agency compliance with the regulations that ensure compliance as
				expeditiously as practicable but not later than four years after the date of
				the enactment of this section.
									(b)Coverage of
				Other Electronic RecordsTo the extent practicable, the
				regulations promulgated under subsection (a) shall also include requirements
				for the capture, management, and preservation of other electronic
				records.
								(c)Compliance by
				Federal AgenciesEach Federal agency shall comply with the
				regulations promulgated under subsection (a).
								(d)Review of
				Regulations RequiredThe Archivist shall periodically review and,
				as necessary, amend the regulations promulgated under this section.
								(e)Reports on
				Implementation of Regulations
									(1)Agency report to
				archivistNot later than four years after the date of the
				enactment of this section, the head of each Federal agency shall submit to the
				Archivist a report on the agency’s compliance with the regulations promulgated
				under this section.
									(2)Archivist report
				to congressNot later than 90 days after receipt of all reports
				required by paragraph (1), the Archivist shall submit to the Committee on
				Homeland Security and Governmental Affairs of the Senate and the Committee on
				Oversight and Government Reform of the House of Representatives a report on
				Federal agency compliance with the regulations promulgated under this
				section.
									.
					(2)Clerical
			 amendmentThe table of sections for chapter 29 of title 44,
			 United States Code, is amended by adding after the item relating to section
			 2910 the following new item:

								2911. Electronic
				messages.

							.
					(b)DefinitionsSection
			 2901 of title 44, United States Code, is amended—
					(1)by striking
			 and at the end of paragraph (14);
					(2)by striking the
			 period at the end of paragraph (15) and inserting a semicolon; and
					(3)by adding at the
			 end the following new paragraphs:

							(16)the term
				electronic messages means electronic mail and other electronic
				messaging systems that are used for purposes of communicating between
				individuals; and
							(17)the term
				electronic records management system means software designed to
				manage electronic records, including by—
								(A)categorizing and
				locating records;
								(B)ensuring that
				records are retained as long as necessary;
								(C)identifying
				records that are due for disposition; and
								(D)ensuring the
				storage, retrieval, and disposition of
				records.
								.
					402.Presidential
			 records
				(a)Additional
			 Regulations Relating to Presidential Records
					(1)In
			 generalSection 2206 of title 44, United States Code, is
			 amended—
						(A)by striking
			 and at the end of paragraph (3);
						(B)by striking the
			 period at the end of paragraph (4) and inserting ; and;
			 and
						(C)by adding at the
			 end the following:

								(5)provisions for
				establishing standards necessary for the economical and efficient management of
				electronic Presidential records during the President’s term of office,
				including—
									(A)records management
				controls necessary for the capture, management, and preservation of electronic
				messages;
									(B)records management
				controls necessary to ensure that electronic messages are readily accessible
				for retrieval through electronic searches; and
									(C)a process to
				certify the electronic records management system to be used by the President
				for the purposes of complying with the requirements in subparagraphs (A) and
				(B).
									.
						(2)DefinitionSection
			 2201 of title 44, United States Code, is amended by adding at the end the
			 following new paragraphs:

							(5)The term
				electronic messages has the meaning provided in section 2901(16)
				of this title.
							(6)The term
				electronic records management system has the meaning provided in
				section 2901(17) of this
				title.
							.
					(b)Certification of
			 President’s Management of Presidential Records
					(1)Certification
			 requiredChapter 22 of title 44, United States Code, as amended
			 by section 201, is further amended by adding at the end the following new
			 section:

							2209.Certification
				of the President’s management of Presidential records
								(a)Annual
				CertificationThe Archivist shall annually certify whether the
				electronic records management controls established by the President meet
				requirements under sections 2203(a) and 2206(5) of this title.
								(b)Report to
				CongressThe Archivist shall report annually to the Committee on
				Homeland Security and Governmental Affairs of the Senate and the Committee on
				Oversight and Government Reform of the House of Representatives on the status
				of the
				certification.
								.
					(2)Clerical
			 amendmentThe table of sections for chapter 22 of title 44,
			 United States Code, as amended by section 201, is further amended by adding at
			 the end the following new item:

								2209. Certification of the President's
				management of Presidential
				records.

							.
					(c)Report to
			 CongressSection 2203(f) of title 44, United States Code, is
			 amended by adding at the end the following:

						(4)One year following the conclusion of
				a President’s term of office, or if a President serves consecutive terms one
				year following the conclusion of the last term, the Archivist shall submit to
				the Committee on Homeland Security and Governmental Affairs of the Senate and
				the Committee on Oversight and Government Reform of the House of
				Representatives a report on—
							(A)the volume and format of electronic
				Presidential records deposited into that President’s Presidential archival
				depository; and
							(B)whether the electronic records
				management controls of that President met the requirements under sections
				2203(a) and 2206(5) of this
				title.
							.
				(d)Effective
			 DateThe amendments made by this section shall take effect one
			 year after the date of the enactment of this Act.
				403.Procedures to
			 prevent unauthorized removal of classified records from National
			 Archives
				(a)In
			 generalThe Archivist of the
			 United States shall prescribe internal procedures to prevent the unauthorized
			 removal of classified records from the National Archives and Records
			 Administration or the destruction or damage of such records, including when
			 such records are accessed or searched electronically. The procedures shall
			 apply to all National Archives and Records Administration facilities authorized
			 to store classified records and include the following prohibitions:
					(1)No person, other
			 than covered personnel, shall view classified records in any room that is not
			 secure except in the presence of National Archives and Records Administration
			 personnel or under video surveillance.
					(2)No person, other
			 than covered personnel, shall at any time be left alone with classified
			 records, unless that person is under video surveillance.
					(3)No person, other
			 than covered personnel, shall conduct any review of classified records while in
			 the possession of any cell phone or other personal communication device.
					(4)All persons seeking access to review
			 classified records, as a precondition to such access, must consent to a search
			 of their belongings upon conclusion of their records review.
					(5)All notes and other writings prepared by
			 persons other than covered personnel during the course of a review of
			 classified records shall be retained by the National Archives and Records
			 Administration in a secure facility until such notes and other writings are
			 determined to be unclassified, are declassified, or are securely transferred to
			 another secure facility.
					(b)DefinitionsIn
			 this section:
					(1)The term
			 records has the meaning provided in section 3301 of title 44,
			 United States Code.
					(2)The term
			 covered personnel means any individual—
						(A)who has an
			 appropriate and necessary reason for accessing classified records, as
			 determined by the Archivist; and
						(B)who is
			 either—
							(i)an
			 officer or employee of the Federal Government with appropriate security
			 clearances; or
							(ii)any personnel with appropriate security
			 clearances of a Federal contractor authorized in writing to act for purposes of
			 this section by an officer or employee of the Federal Government.
							404.Restrictions on
			 access to presidential recordsSection 2204 of title 44, United States Code
			 (relating to restrictions on access to presidential records) is amended by
			 adding at the end the following new subsection:

					(f)The Archivist shall not make available any
				original presidential records to any individual claiming access to any
				presidential record as a designated representative under section 2205(3) of
				this title if that individual has been convicted of a crime relating to the
				review, retention, removal, or destruction of records of the
				Archives.
					.
			VGovernment
			 Accountability Office Improvement
			501.Authority to
			 obtain information
				(a)Authority To
			 obtain recordsSection 716 of title 31, United States Code, is
			 amended in subsection (a)—
					(1)by striking
			 (a) and inserting (2); and
					(2)by inserting after
			 the section heading the following:

							(a)(1)The Comptroller General
				is authorized to obtain such agency records as the Comptroller General requires
				to discharge his duties (including audit, evaluation, and investigative
				duties), including through the bringing of civil actions under this section. In
				reviewing a civil action under this section, the court shall recognize the
				continuing force and effect of the authorization in the preceding sentence
				until such time as the authorization is repealed pursuant to
				law.
								.
					(b)Copies and
			 interviewsSection 716(a) of title 31, United States Code, as
			 amended by subsection (a), is further amended in the second sentence of
			 paragraph (2) by striking inspect an agency record and inserting
			 inspect, and make and retain copies of, an agency record and interview
			 agency officers and employees.
				(c)Rules of
			 constructionSection 716 of title 31, United States Code, is
			 amended by adding at the end the following new subsection:

						(f)No provision of any law in existence on the
				date of the enactment of this section or enacted after such date shall be
				construed to limit, amend, or supersede the authority of the Comptroller
				General to obtain any information, to inspect any record, or to interview any
				officer or employee under this section, except to the extent such provision
				expressly and specifically refers to this section and provides for such
				limitation, amendment, or
				supersession.
						.
				502.Administering
			 oathsParagraph (4) of section
			 711 of title 31, United States Code, is amended to read as follows:

					(4)administer oaths to witnesses, except that,
				in matters other than auditing and settling accounts, the authority of an
				officer or employee to administer oaths to witnesses pursuant to a delegation
				under paragraph (2) shall not be available without the prior express approval
				of the Comptroller General (or a
				designee).
					.
			503.Agency
			 reportsSection 720(b) of
			 title 31, United States Code, is amended—
				(1)in the matter
			 preceding paragraph (1), by inserting or planned after
			 action taken; and
				(2)by amending
			 paragraph (1) to read as follows:

						(1)the Committee on Homeland Security and
				Governmental Affairs of the Senate, the Committee on Oversight and Government
				Operations of the House of Representatives, the congressional committees with
				jurisdiction over the agency program or activity that is the subject of the
				recommendation, and the Government Accountability Office before the 61st day
				after the date of the report;
				and
						.


116 HR 6981 IH: PPP Deadline Extension Adjustment for Loans Act
U.S. House of Representatives
2020-05-22
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. 6981IN THE HOUSE OF REPRESENTATIVESMay 22, 2020Mr. Lamb (for himself, Mrs. Fletcher, and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on Small BusinessA BILLTo extend the covered period for loan forgiveness and the rehiring period under the CARES Act, and for other purposes.1.Short titleThis Act may be cited as the PPP Deadline Extension Adjustment for Loans Act or the PPP DEAL Act.2.Extension of loan forgiveness period and rehiring period under CARES ActSection 1106 of the CARES Act (Public Law 116–136) is amended—(1)in subsection (a)(3), by striking 8-week and inserting 16-week; and(2)in subsection (d)(5)(B), by striking June 30, 2020 each place that term appears and inserting the date that is 16 weeks after the date of the origination of the covered loan.


		III
		112th CONGRESS
		2d Session
		S. RES. 404
		IN THE SENATE OF THE UNITED STATES

			March 22, 2012
			Mr. Whitehouse (for
			 himself, Mr. Schumer,
			 Mrs. Gillibrand, and
			 Mr. Wyden) submitted the following
			 resolution; which was considered and agreed to

		RESOLUTION
		Recognizing the life and work of war
		  correspondent Marie Colvin and other courageous journalists in war
		  zones.

		Whereas The Sunday Times reporter Marie Colvin was killed
			 during the shelling of a makeshift media center in the Baba Amr neighborhood of
			 the besieged Syrian city of Homs on February 22, 2012, along with French
			 photographer Rémi Ochlik;
		Whereas Ms. Colvin leaves behind a beloved family where
			 she grew up in the State of New York, was educated and began her journalistic
			 career in the United States, and throughout her career as one of the foremost
			 war correspondents of her generation exemplified American values of humanity,
			 accountability, decency, transparency, and courage;
		Whereas Ms. Colvin worked with relentless bravery to
			 report on the recent uprising in Syria and to expose crimes against humanity,
			 human-rights violations, and the ravages of war in conflict zones throughout
			 the world, including the Balkans, the Chechen Republic, Libya, and Sri Lanka,
			 where she was seriously wounded and lost vision in 1 eye;
		Whereas Ms. Colvin shed light on human-rights violations
			 through her courageous reporting on how these conflicts affected the lives of
			 individuals;
		Whereas the actions of Ms. Colvin in Timor-Leste are
			 widely credited with averting a massacre;
		Whereas Ms. Colvin said, “Covering a war means going to
			 places torn by chaos, destruction, and death, and trying to bear witness. It
			 means trying to find the truth in a sandstorm of propaganda when armies, tribes
			 or terrorists clash. And yes, it means taking risks, not just for yourself but
			 often for the people who work closely with you.”;
		Whereas the work of Ms. Colvin exemplifies the best
			 qualities of journalism;
		Whereas Ms. Colvin was awarded the 2000 Courage in
			 Journalism Award from the International Women’s Media Foundation for
			 behind-the-lines action in Kosovo and the Chechen Republic, twice named Foreign
			 Reporter of the Year at the British Press Awards, named the Journalist of the
			 Year by the Foreign Press Association in 2000, and named Woman Journalist of
			 the Year by the Foreign Press Association in 2010; and
		Whereas Ms. Colvin and brave journalists have lost their
			 lives serving as the conscience of the world: Now, therefore, be it

		That the Senate—
			(1)extends its
			 sympathy to the families of Ms. Colvin and other reporters who have died
			 reporting from conflict zones;
			(2)recognizes the
			 bravery of Ms. Colvin and other correspondents and photographers who have lost
			 their lives while exposing the truth;
			(3)calls on the
			 world community to honor the memories of Ms. Colvin and other reporters;
			 and
			(4)calls on the
			 government of Syria to halt the brutal attacks against the people of Syria and
			 to respect their human rights.


117 S2052 IS: Facial Recognition and Biometric Technology Moratorium Act of 2021
U.S. Senate
2021-06-15
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.

II117th CONGRESS1st SessionS. 2052IN THE SENATE OF THE UNITED STATESJune 15, 2021Mr. Markey (for himself, Mr. Merkley, Mr. Sanders, Ms. Warren, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo prohibit biometric surveillance by the Federal Government without explicit statutory authorization and to withhold certain Federal public safety grants from State and local governments that engage in biometric surveillance.1.Short titleThis Act may be cited as the Facial Recognition and Biometric Technology Moratorium Act of 2021.2.DefinitionsIn this Act:(1)Biometric surveillance systemThe term biometric surveillance system means any computer software that performs facial recognition or other remote biometric recognition in real time or on a recording or photograph. (2)Byrne grant programThe term Byrne grant program means the grant program authorized under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (3)Facial recognitionThe term facial recognition means an automated or semi-automated process that—(A)assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual’s face; or(B)logs characteristics of an individual’s face, head, or body to infer emotion, associations, activities, or the location of an individual.(4)Federal officialThe term Federal official means any officer, employee, agent, contractor, or subcontractor of the Federal Government.(5)In the united statesThe term in the United States means all areas within the external boundary of the United States, its territories and possessions, including airports, ports of entry, and border zones. (6)Other remote biometric recognitionThe term other remote biometric recognition—(A)means an automated or semi-automated process that—(i)assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual’s gait or other immutable characteristic ascertained from a distance; (ii)uses voice recognition technology; or (iii)logs such characteristics to infer emotion, associations, activities, or the location of an individual; and(B)does not include identification based on fingerprints or palm prints.(7)Voice recognition technologyThe term voice recognition technology means the automated or semi-automated process that assists in identifying or verifying an individual based on the characteristics of an individual’s voice. 3.Prohibition on Federal Government use of biometric surveillance(a)In generalExcept as provided in subsection (b), it shall be unlawful for any Federal agency or Federal official, in an official capacity, to acquire, possess, access, or use in the United States—(1)any biometric surveillance system; or(2)information derived from a biometric surveillance system operated by another entity.(b)ExceptionThe prohibition set forth in subsection (a) does not apply to activities explicitly authorized by an Act of Congress that describes, with particularity—(1)the entities permitted to use the biometric surveillance system, the specific type of biometric authorized, the purposes for such use, and any prohibited uses;(2)standards for use and management of information derived from the biometric surveillance system, including data retention, sharing, access, and audit trails;(3)auditing requirements to ensure the accuracy of biometric surveillance system technologies, standards for minimum accuracy rates, and accuracy rates by gender, skin color, and age;(4)rigorous protections for due process, privacy, free speech and association, and racial, gender, and religious equity; and(5)mechanisms to ensure compliance with the provisions of the Act. (c)Judicial investigations and proceedings(1)AdmissibilityExcept in a judicial investigation or proceeding alleging a violation of this section, information obtained in violation of this section is not admissible by the Federal Government in any criminal, civil, administrative, or other investigation or proceeding.(2)Cause of action(A)In generalA violation of this section constitutes an injury to any individual aggrieved by a violation of this Act. (B)Right to sueAn individual described in subparagraph (A) may institute proceedings against the Federal Government whose official is alleged to have violated this section for the relief described in subparagraph (D) in any court of competent jurisdiction.(C)Enforcement by state attorneys generalThe chief law enforcement officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of that State in an appropriate district court of the United States to enforce this Act, whenever the chief law enforcement officer or other State officer has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act. (D)ReliefIn a civil action brought under subparagraph (B) in which the plaintiff prevails, the court may award—(i)actual damages;(ii)punitive damages;(iii)reasonable attorneys’ fees and costs; and(iv)any other relief, including injunctive relief, that the court determines to be appropriate.(d)Civil penaltiesAny Federal official who is found to have violated this section may be subject to retraining, suspension, termination, or any other penalty, as determined in an appropriate tribunal, subject to applicable due process requirements.(e)Federal funding(1)In generalNo Federal funds may be obligated or expended by a Federal law enforcement agency for the purchase or use of a biometric surveillance system.(2)Unallocated fundsNo Federal agency may use any unallocated funds appropriated to the agency for the purchase or use of a biometric surveillance system. (f)Rules of constructionNothing in this section may be construed—(1)to prohibit the National Institute of Standards and Technology (NIST) from testing or researching biometric surveillance systems or other remote biometric recognition technologies in commercial use; or (2)to preempt or supersede any Federal, State, or local law that imposes a more stringent limitation than the limitations described in this section.4.Moratorium on State and local government use of biometric surveillance systems(a)Federal financial assistanceBeginning on the first day of the first fiscal year beginning after the date of the enactment of this Act, a State or unit of local government is ineligible to receive Federal financial assistance under the Byrne grant program unless the State or unit of local government is complying with a law or policy that is substantially similar to the prohibition set forth in section 3(a). (b)Rule of constructionNothing in this section may be construed to preempt or supersede any Federal, State, or local law that imposes a more stringent limitation than the prohibition set forth in section 3(a).


 HR 5451 ENR: To designate the facility of the United States Postal Service located at 599 East Genesse Street in Fayetteville, New York, as the “George H. Bacel Post Office Building”.
U.S. House of Representatives

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

I
One Hundred Sixteenth Congress of the United States of AmericaAt the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and twenty
H. R. 5451

AN ACT
To designate the facility of the United States Postal Service located at 599 East Genesse Street in Fayetteville, New York, as the George H. Bacel Post Office Building.

1.George H. Bacel Post Office Building
(a)DesignationThe facility of the United States Postal Service located at 599 East Genesse Street in Fayetteville, New York, shall be known and designated as the George H. Bacel Post Office Building.  (b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the George H. Bacel Post Office Building.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


115 HR 869 IH: Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act
U.S. House of Representatives
2017-02-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		115th CONGRESS
		1st Session
		H. R. 869
		IN THE HOUSE OF REPRESENTATIVES

			February 3, 2017
			Ms. Meng (for herself, Ms. Judy Chu of California, Mr. Ted Lieu of California, Mr. Meeks, Ms. Velázquez, and Mr. Swalwell of California) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To establish the Commission to Study the Potential Creation of a National Museum of Asian Pacific
			 American History and Culture, and for other purposes.

		1.Short title
 This Act may be cited as the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act.2.DefinitionsIn this Act:(1)CommissionThe term Commission means the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture established by section 3(a).(2)MuseumThe term Museum means the National Museum of Asian Pacific American History and Culture.3.Establishment of Commission(a)In generalThere is established the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture.(b)MembershipThe Commission shall be composed of 8 members, of whom—(1)2 members shall be appointed by the majority leader of the Senate;(2)2 members shall be appointed by the Speaker of the House of Representatives;(3)2 members shall be appointed by the minority leader of the Senate; and(4)2 members shall be appointed by the minority leader of the House of Representatives.(c)QualificationsMembers of the Commission shall be appointed to the Commission from among individuals, or representatives of institutions or entities, who possess—(1)(A)a demonstrated commitment to the research, study, or promotion of Asian Pacific American history, art, political or economic status, or culture; and(B)(i)expertise in museum administration;(ii)expertise in fundraising for nonprofit or cultural institutions;(iii)experience in the study and teaching of Asian Pacific American history;(iv)experience in studying the issue of the representation of Asian Pacific Americans in art, life, history, and culture at the Smithsonian Institution; or(v)extensive experience in public or elected service;(2)experience in the administration of, or the planning for, the establishment of, museums; or(3)experience in the planning, design, or construction of museum facilities.(d)ProhibitionNo employee of the Federal Government may serve as a member of the Commission.(e)Deadline for initial appointmentThe initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act.(f)VacanciesA vacancy in the Commission—(1)shall not affect the powers of the Commission; and(2)shall be filled in the same manner as the original appointment was made.(g)ChairpersonThe Commission shall, by majority vote of all of the members, select 1 member of the Commission to serve as the Chairperson of the Commission.4.Duties of the Commission(a)Reports(1)Plan of actionThe Commission shall submit to the President and Congress a report containing the recommendations of the Commission with respect to a plan of action for the establishment and maintenance of a National Museum of Asian Pacific American History and Culture in Washington, DC.(2)Report on issuesThe Commission shall submit to the President and Congress a report that addresses the following issues:(A)The availability and cost of collections to be acquired and housed in the Museum.(B)The impact of the Museum on regional Asian Pacific American history-related museums.(C)Potential locations for the Museum in Washington, DC, and its environs.(D)Whether the Museum should be part of the Smithsonian Institution.(E)The governance and organizational structure from which the Museum should operate.(F)Best practices for engaging Asian Pacific Americans in the development and design of the Museum.(G)The cost of constructing, operating, and maintaining the Museum.(3)DeadlineThe reports required under paragraphs (1) and (2) shall be submitted not later than the date that is 18 months after the date of the first meeting of the Commission.(b)Fundraising plan(1)In generalThe Commission shall develop a fundraising plan to support the establishment, operation, and maintenance of the Museum through contributions from the public.(2)ConsiderationsIn developing the fundraising plan under paragraph (1), the Commission shall consider issues relating to funding the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds.(3)Independent reviewThe Commission shall obtain an independent review of the viability of the plan developed under paragraph (1) and such review shall include an analysis as to whether the plan is likely to achieve the level of resources necessary to fund the construction of the Museum and the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds.(4)SubmissionThe Commission shall submit the plan developed under paragraph (1) and the review conducted under paragraph (3) to the Committees on Transportation and Infrastructure, House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate.(c)Legislation To carry out plan of actionBased on the recommendations contained in the report submitted under paragraphs (1) and (2) of subsection (a), the Commission shall submit for consideration to the Committees on Transportation and Infrastructure, House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate recommendations for a legislative plan of action to establish and construct the Museum.(d)National conferenceNot later than 18 months after the date on which the initial members of the Commission are appointed under section 3, the Commission may, in carrying out the duties of the Commission under this section, convene a national conference relating to the Museum, to be comprised of individuals committed to the advancement of the life, art, history, and culture of Asian Pacific Americans.5.Director and staff of Commission(a)Director and staff(1)In generalThe Commission may employ and compensate an executive director and any other additional personnel that are necessary to enable the Commission to perform the duties of the Commission.(2)Rates of payRates of pay for persons employed under paragraph (1) shall be consistent with the rates of pay allowed for employees of a temporary organization under section 3161 of title 5, United States Code.(b)Not Federal employmentAny individual employed under this Act shall not be considered a Federal employee for the purpose of any law governing Federal employment.(c)Technical assistance(1)In generalSubject to paragraph (2), on request of the Commission, the head of a Federal agency may provide technical assistance to the Commission.(2)ProhibitionNo Federal employees may be detailed to the Commission.6.Administrative provisions(a)Compensation(1)In generalA member of the Commission—(A)shall not be considered to be a Federal employee for any purpose by reason of service on the Commission; and(B)shall serve without pay.(2)Travel expensesA member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code.(b)Gifts, bequests, devisesThe Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or real or personal property for the purpose of aiding or facilitating the work of the Commission.(c)Federal Advisory Committee ActThe Commission shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).7.TerminationThe Commission shall terminate on the date that is 30 days after the date on which the final versions of the reports required under section 4 are submitted.8.Funding(a)In generalThe Commission shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the Commission.(b)ProhibitionNo Federal funds may be obligated to carry out this Act.


114 HR 5280 IH: To direct the Secretary of Defense to carry out a pilot program to lend Department of Defense farm equipment to eligible farmers, and for other purposes.
U.S. House of Representatives
2016-05-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 5280
		IN THE HOUSE OF REPRESENTATIVES

			May 18, 2016
			Ms. Graham (for herself and Mr. Yoho) introduced the following bill; which was referred to the Committee on Armed Services

		A BILL
		To direct the Secretary of Defense to carry out a pilot program to lend Department of Defense farm
			 equipment to eligible farmers, and for other purposes.

		1.Department of Defense farm equipment sharing pilot program
 (a)Survey of DOD equipmentNot later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Agriculture, shall conduct a survey of the equipment of the Department of Defense to determine which such equipment—
 (1)would be appropriate for use by farmers through an equipment sharing program; and (2)could be used in an equipment sharing program without jeopardizing military readiness.
				(b)Pilot program
 (1)In generalThe Secretary of Defense shall establish a pilot program under which the Secretary shall lend equipment of the Department identified pursuant to the survey carried out under subsection (a) to eligible farmers.
 (2)EligibilityTo be eligible to borrow equipment under the pilot program, a farmer shall— (A)be a new and beginning farmer, as determined by the Secretary; and
 (B)submit to the Secretary an application containing such information and assurances as the Secretary may require.
 (3)LocationThe Secretary shall carry out the pilot program at locations determined by the Secretary. (4)DurationThe authority to carry out a pilot program under this section shall terminate on the date that is three years after the date of the commencement of the pilot program.
 (5)ReportNot later than 60 days after the termination of the pilot program under this subsection, the Secretary shall submit to Congress a report on the pilot program that includes the recommendations of the Secretary with respect to the extension and expansion of the program.


110 HR 1746 IH: Holocaust Insurance Accountability Act

U.S. House of Representatives
2007-03-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 1746
		IN THE HOUSE OF REPRESENTATIVES

			March 28, 2007
			Ms. Ros-Lehtinen (for
			 herself, Mr. Wexler,
			 Mr. Cantor,
			 Mr. Pence, and
			 Mr. Chabot) introduced the following
			 bill; which was referred to the Committee
			 on Financial Services, and in addition to the Committees on
			 Foreign Affairs and
			 Oversight and Government
			 Reform, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To require disclosure of Holocaust-era policies by
		  insurers and establish a federal cause of action for claims arising out of a
		  covered policy.

		1.Short titleThis Act may be cited as the
			 Holocaust Insurance Accountability Act
			 of 2007.
		2.FindingsCongress finds the following:
			(1)The Holocaust, an
			 event in which millions of people endured enormous suffering through torture
			 and other violence, including the murder of 6,000,000 Jews and millions of
			 others, the destruction of families and communities, and the theft of their
			 assets, was one of the most heinous crimes in human history.
			(2)Before and during
			 World War II, millions of people purchased insurance policies to safeguard
			 family assets, plan for retirement, provide for a dowry, or save for their
			 children’s education.
			(3)When Holocaust
			 survivors or heirs of Holocaust victims presented claims to insurance companies
			 after World War II, many were rejected because they did not have death
			 certificates or physical possession of policy documents that had been
			 confiscated by the Nazis or lost in the devastation of the Holocaust.
			(4)In
			 many instances, insurance company records and records in government archives
			 are the only proof of the existence of insurance policies belonging to
			 Holocaust victims.
			(5)Holocaust
			 survivors and heirs have been attempting for decades to persuade insurance
			 companies to settle unpaid insurance claims.
			(6)In 1998, the
			 International Commission on Holocaust Era Insurance Claims (in this section
			 referred to as the ICHEIC) was established by the National
			 Association of Insurance Commissioners in cooperation with several European
			 insurance companies, European regulators, the Government of Israel, and
			 non-governmental organizations with the promise that it would expeditiously
			 address the issue of unpaid insurance policies issued to Holocaust
			 victims.
			(7)On July 17, 2000,
			 the United States and Germany signed an Executive Agreement in support of the
			 German Foundation Remembrance, Responsibility, and the Future,
			 which designated the ICHEIC to resolve all Holocaust-era insurance policies
			 issued by German companies and their subsidiaries.
			(8)On January 17,
			 2001, the United States and Austria signed an Executive Agreement, which
			 designated the ICHEIC to resolve all Holocaust-era insurance policies issued by
			 Austrian companies and their subsidiaries.
			(9)Between 1998 and
			 the closing of the ICHEIC claims deadline on December 31, 2003, few names of
			 the Jewish policy holders from Eastern Europe were published, though more than
			 two-thirds of the Jewish population of the territory occupied by the Nazis and
			 their allies were from Eastern Europe.
			(10)The ICHEIC is
			 scheduled to close in 2007 without the disclosure of thousands of names of
			 policies sold to Jewish residents of Europe prior to World War II as of
			 February of 2007.
			(11)With the ICHEIC
			 process essentially completed, companies holding Holocaust-era insurance
			 policies continue to withhold names of owners and beneficiaries of thousands of
			 insurance policies sold to Jewish customers prior to World War II.
			(12)Experts estimate that the value in 2006 of
			 unpaid life, annuity, endowment, and dowry insurance theft from European Jewry
			 from the Holocaust and its aftermath ranges between $17,000,000,000 and
			 $200,000,000,000.
			(13)As of the latest
			 report by the ICHEIC on February 20, 2007, the value of claims paid in
			 recognition of victims’ policies was approximately $250,000,000 and fewer than
			 5 percent of the policies estimated to have been sold to Jews at the beginning
			 of World War II have been paid through ICHEIC.
			(14)As of 2006,
			 ICHEIC has not provided the State Department with the information required by
			 paragraphs (3) through (7) of section 704(a) of the Foreign Relations
			 Authorization Act, Fiscal Year 2003 (Public Law 107–228), which requires the
			 Secretary of State to report to the appropriate congressional committees on the
			 status of the implementation of the Executive Agreement between Germany and the
			 United States.
			(15)In American
			 Insurance Association, Inc., v. Garamendi, the United States Supreme Court held
			 that under the supremacy clause of the Constitution of the United States,
			 executive agreements and Federal Government policy calling for insurance claims
			 against German and Austrian companies to be handled within ICHEIC preempted
			 State laws authorizing State insurance commissioners to subpoena company
			 records and require publication of the names of Holocaust era policy
			 holders.
			(16)In the Garamendi
			 case, the Supreme Court stated that Congress, which has the power to regulate
			 international commerce, and prescribe Federal Court jurisdiction, had not
			 addressed disclosure and restitution of Holocaust victims’ insurance
			 policies.
			(17)Subsequent court
			 decisions have dismissed survivors’ suits against Assicurazioni Generali,
			 S.p.A., even though there is no executive agreement between the United States
			 and Italy.
			(18)Congress believes that United States courts
			 do currently have jurisdiction to entertain actions by Holocaust victims and
			 heirs of Holocaust victims to recover insurance proceeds sold to their families
			 before the Holocaust.
			(19)Due to lower
			 court interpretations of the Garamendi case, this Act expresses the intent of
			 Congress to legislate to the maximum extent allowed by the Constitution
			 regarding the rights of Holocaust survivors and the heirs and beneficiaries of
			 Holocaust victims to obtain information from insurers and to bring actions in
			 United States courts to recover unpaid funds from entities that participated in
			 the theft of family insurance assets or the affiliates of such entities.
			(20)The ICHEIC either
			 chose not to pursue or did not put forth sufficient effort to investigate or
			 obtain restitution for forms of insurance other than life, annuity, endowment,
			 or dowry insurance sold to Holocaust victims, despite documentation that other
			 forms of insurance benefits such as property and casualty insurance, disability
			 insurance, health insurance, transport insurance, and marine insurance were
			 also improperly withheld from Jews, nor did the ICHEIC make sufficient effort
			 to investigate the records of reinsurers who provided coverage for Jews’
			 policies prior to World War II, despite evidence that reinsurers and
			 reinsurance played a significant role in the theft of the family assets of
			 Holocaust victims.
			(21)Disclosures in
			 2006 concerning the vast Nazi archives at Bad Arolsen Germany, which have been
			 closed to direct access by Holocaust survivors, families of Holocaust victims,
			 and researchers since 1955, underscores the necessity a comprehensive opening
			 of all archival sources of information for Holocaust victims and their
			 families.
			(22)Insurance
			 payments should be expedited to the victims of the most heinous crime of the
			 20th Century to ensure that justice is served.
			(23)States should be
			 allowed to collect Holocaust-era insurance information from any insurance
			 companies that want to do business in such States.
			(24)Tens of thousands
			 of Holocaust survivors around the world, including in the United States, live
			 below or near the poverty level, and cannot meet their basic day-to-day needs
			 for food, medicine, shelter, and other necessities.
			(25)This Act will
			 enable survivors, heirs, and beneficiaries to obtain compensation commensurate
			 with the real monetary value of their losses, and to penalize unjustly enriched
			 insurers for their fraudulent, deceptive, and unfair practices, which continue
			 to the present day, and to deter such conduct in the future.
			(26)Holocaust victims
			 and their families should be able to recover claims arising from Holocaust era
			 insurance policies and the Federal Government should be able to recover for the
			 unjust enrichment of insurers in Federal court when they consider it necessary
			 to seek redress through the judicial system.
			(27)Under the
			 circumstances faced by Holocaust victims and their families, the courts of the
			 United States should be open to Holocaust victims and their families for a
			 reasonable number of years after enactment of this Act, without regard to any
			 other statutes of limitation.
			3.Holocaust
			 insurance registry
			(a)Establishment
			 and maintenanceChapter 21 of title 44, United States Code, is
			 amended by adding at the end the following:

					2119.Holocaust
				Insurance Registry
						(a)EstablishmentThe
				Archivist shall establish and maintain a collection of records that
				shall—
							(1)consist of the information provided to the
				Archivist under section 5 of the Holocaust Victims Insurance Relief Act of
				2007;
							(2)be known as the
				Holocaust Insurance Registry.
							(b)Public access to
				the recordsThe Archivist shall make all the aforementioned
				records accessible to the public and searchable by means of the Internet and by
				any other means the Archivist deems
				appropriate.
						.
			(b)Clerical
			 amendmentThe table of sections at the beginning of chapter 21 of
			 title 44, United States Code, is amended by adding at the end the
			 following:

						2119. Holocaust Insurance
				Registry.

					.
			(c)Agreements with
			 European countries
				(1)AgreementsThe Secretary of State shall seek to enter
			 into agreements with European countries to make available to the Holocaust
			 Insurance Registry information on covered policies that is stored in the
			 archives or other government repositories of such countries.
				(2)ReportNot later than 6 months after the date of
			 the enactment of this Act, and every 6 months thereafter, the Secretary of
			 State shall submit to Congress a report on efforts to carry out this
			 subsection.
				4.Disclosure of
			 holocaust-era policies by insurers
			(a)RequirementAn
			 insurer shall file, in an electronic format, with the Secretary of Commerce the
			 following information:
				(1)The first name,
			 last name, date of birth, and domicile of the policyholder of each covered
			 policy issued or reinsured by the insurer or a related company of the
			 insurer.
				(2)The name of the
			 entity that issued the covered policy.
				(3)The name of the
			 entity that is responsible for the liabilities of the entity that issued the
			 covered policy.
				(b)FilingInformation
			 under subsection (a) shall be filed not later than 90 days after the date of
			 the enactment of this Act.
			5.Provision of
			 information to archivistThe
			 Secretary of Commerce shall provide to the Archivist of the United States any
			 information filed with the Secretary under section 4(a) promptly after the
			 filing of such information.
		6.PenaltyThe Secretary of Commerce shall assess a
			 civil penalty of not less than $5,000 for each day that an insurer fails to
			 comply with the requirements of section 4, as determined by the
			 Secretary.
		7.Use of amounts
			 received as civil penaltiesTo
			 the extent or in the amounts provided in advance in appropriation Acts, the
			 Archivist of the United States may use amounts received by the Government as
			 civil penalties under section 6 to maintain the Holocaust Insurance
			 Registry.
		8.Notification
			(a)Initial
			 notificationNot later than 180 days after the date of the
			 enactment of this Act, and periodically thereafter, the Secretary of Commerce
			 shall notify each State’s commissioner of insurance of the identity of each
			 insurer that has failed to comply with the requirements of section 4 or has not
			 satisfied any civil penalty for which the insurer is liable under section
			 6.
			(b)Requests by
			 statesOn request by the commissioner of insurance of a State
			 concerning an insurer operating in that State, the Secretary of Commerce shall
			 inform the commissioner of insurance whether the insurer has failed to comply
			 with the requirements of section 4 or has not satisfied any civil penalty for
			 which the insurer is liable under section 6.
			9.State holocaust
			 insurance statutes
			(a)PreemptionNothing
			 in this Act preempts—
				(1)any State law
			 requiring an insurer in such State to disclose information regarding covered
			 policies sold or for which reinsurance was provided; or
				(2)any rights or remedies available to a
			 claimant under State law relating to a covered policy.
				(b)Sense of
			 congressIt is the sense of the Congress that if any litigation
			 challenging any State law described in subsection (a) is dismissed because the
			 State’s commissioner of insurance chooses to rely on this Act and therefore no
			 longer seeks to enforce the State law, each party should bear its own legal
			 fees and costs.
			10.Federal cause of
			 action for covered claims
			(a)Federal cause of
			 action
				(1)In
			 generalThere shall exist a Federal cause of action for any claim
			 arising out of or related to a covered policy against any insurer or related
			 company.
				(2)Effect on other
			 causes of actionAn action under paragraph (1) shall be
			 maintainable in addition to any cause of action arising under State or
			 international law.
				(3)StandingA
			 claim under paragraph (1) may be brought by the person who purchased such
			 covered policy, a beneficiary or heir of such person, or an assignee of such
			 person or a beneficiary or heir of such person.
				(4)Treble damages;
			 interestIn an action under this subsection, the measure of
			 damages shall be not less than three times the amount of—
					(A)the claim under the covered policy in
			 United States dollars as of December 31, 1938; and
					(B)interest at a rate
			 of 6 percent per year compounded annually from the date when the claim for
			 which an action exists under this subsection could have first been made until
			 the date of judgment under this subsection.
					(5)Attorneys
			 feesIn an action under this subsection, a court shall award a
			 successful claimant reasonable attorneys fees and costs incurred in
			 investigating and prosecuting the claim.
				(b)Subject matter
			 jurisdictionThe district courts shall have original jurisdiction
			 of any civil action arising out of or related to a covered policy (whether
			 brought under subsection (a) or otherwise).
			(c)Personal
			 jurisdictionNotwithstanding
			 any provision of Rule 4 of the Federal Rules of Civil Procedure to the
			 contrary, in a civil action arising from or related to a covered policy
			 (whether brought under subsection (a) or otherwise) commenced in a district
			 where the defendant is not a resident—
				(1)the court may
			 exercise jurisdiction over such defendant on any basis not inconsistent with
			 the Constitution of the United States; and
				(2)service of
			 process, summons, and subpoena may be made on such defendant in any manner not
			 inconsistent with the Constitution of the United States.
				(d)Retroactive
			 applicationThis Act shall apply retroactively to any claim
			 arising out of or related to a covered policy to the fullest extent permitted
			 by the Constitution of the United States, including claims previously dismissed
			 on the ground of executive preemption and claims for which class action
			 settlements occurring prior to the effective date of this Act purport to effect
			 a release of claims not accompanied by an actual payment.
			(e)Statute of
			 limitationsAny action brought under this Act shall be filed not
			 later than 10 years after the effective date of this Act.
			11.DefinitionsIn this Act:
			(1)Commissioner of
			 insuranceThe term commissioner of insurance means
			 the highest ranking officer of a State responsible for regulating
			 insurance.
			(2)Covered
			 policyThe term covered policy means any life,
			 dowry, education, property or other insurance policy that was—
				(A)in effect at any
			 time after January 30, 1933, and before December 31, 1945; and
				(B)issued to a
			 policyholder domiciled in any area that was occupied or controlled by Nazi
			 Germany or by any ally or sympathizer of Nazi Germany at any time during the
			 period described in subparagraph (A).
				(3)InsurerThe
			 term insurer means any person engaged in the business of
			 insurance (including reinsurance) in interstate or foreign commerce, if the
			 person or a related company of the person issued or reinsured a covered policy,
			 regardless of when the related company became a related company of the
			 insurer.
			(4)Related
			 companyThe term related company means an
			 affiliate, as that term is defined in section 104(g) of the Gramm-Leach-Bliley
			 Act (15 U.S.C. 6701(g)).


113 SRES 84 ATS: Recognizing the 192nd anniversary of the independence of Greece and celebrating democracy in Greece and the United States.
U.S. Senate
2013-03-20
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.

		III
		113th CONGRESS
		1st Session
		S. RES. 84
		IN THE SENATE OF THE UNITED STATES

			March 20, 2013
			Mr. Menendez (for
			 himself, Mr. Barrasso,
			 Mr. Casey, Mr.
			 Johnson of South Dakota, Mr.
			 Chambliss, Mr. Levin,
			 Mr. Durbin, Mrs. Shaheen, Mr.
			 Reed, Mr. Wyden,
			 Mr. Kirk, Mr.
			 Carper, Mr. Schumer,
			 Ms. Mikulski, Mr. Cardin, Mr.
			 Cochran, Mr. Whitehouse,
			 Mr. Manchin, Mr. Lautenberg, Mr.
			 Murphy, Mr. Begich,
			 Mr. Brown, Mrs.
			 Boxer, Mrs. Gillibrand,
			 Mr. Rockefeller,
			 Mr. Rubio, Mrs.
			 Feinstein, Mr. Blunt,
			 Mr. Nelson, Mr.
			 Isakson, and Mr. Enzi)
			 submitted the following resolution; which was considered and agreed
			 to

		RESOLUTION
		Recognizing the 192nd anniversary of the
		  independence of Greece and celebrating democracy in Greece and the United
		  States.

		Whereas the people of ancient Greece developed the concept
			 of democracy, in which the supreme power to govern was vested in the
			 people;
		Whereas the founding fathers of the United States, many of
			 whom read Greek political philosophy in the original Greek language, drew
			 heavily on the political experience and philosophy of ancient Greece in forming
			 the representative democracy of the United States;
		Whereas Petros Mavromichalis, the former Commander in
			 Chief of Greece and a founder of the modern Greek state, said to the citizens
			 of the United States in 1821, It is in your land that liberty has fixed
			 her abode and . . . in imitating you, we shall imitate our ancestors and be
			 thought worthy of them if we succeed in resembling you;
		Whereas the Greek national anthem, the Hymn to
			 Liberty, includes the words, most heartily was gladdened George
			 Washington's brave land;
		Whereas the people of the United States generously offered
			 humanitarian assistance to the people of Greece during their struggle for
			 independence;
		Whereas Greece, in one of the most consequential
			 David vs. Goliath victories for freedom and democracy in modern
			 times, refused to surrender to the Axis forces and inflicted a fatal wound at a
			 crucial moment in World War II, forcing Adolf Hitler to change his timeline and
			 delaying the attack on Russia where the Axis forces met defeat;
		Whereas Winston Churchill said, if there had not
			 been the virtue and courage of the Greeks, we do not know which the outcome of
			 World War II would have been and no longer will we say that
			 Greeks fight like heroes, but that heroes fight like Greeks;
		Whereas hundreds of thousands of people of Greece were
			 killed in Greece during World War II in defense of the values of the
			 Allies;
		Whereas, throughout the 20th century, Greece was one of a
			 few countries that allied with the United States in every major international
			 conflict;
		Whereas Greece is a strategic partner and ally of the
			 United States in bringing political stability and economic development to the
			 volatile Balkan region, having invested billions of dollars in the countries of
			 the region, thereby helping to create tens of thousands of new jobs, and having
			 contributed more than $750,000,000 in development aid for the region;
		Whereas the Government and people of Greece actively
			 participate in peacekeeping and peace-building operations conducted by
			 international organizations, including the United Nations, the North Atlantic
			 Treaty Organization, the European Union, and the Organization for Security and
			 Co-operation in Europe, and have more recently provided critical support to the
			 operation of the North Atlantic Treaty Organization in Libya;
		Whereas Greece received worldwide praise for its
			 extraordinary handling during the 2004 Olympic Games of more than 14,000
			 athletes and more than 2,000,000 spectators and journalists, a feat the
			 Government and people of Greece handled efficiently, securely, and with
			 hospitality;
		Whereas Greece, located in a region where Christianity
			 meets Islam and Judaism, maintains excellent relations with Muslim countries
			 and Israel;
		Whereas the Government of Greece has taken important steps
			 in recent years to further cross-cultural understanding, rapprochement, and
			 cooperation in various fields with Turkey, and has also improved its relations
			 with other countries in the region, including Israel, thus enhancing the
			 stability of the wider region;
		Whereas the governments and people of Greece and the
			 United States are at the forefront of efforts to advance freedom, democracy,
			 peace, stability, and human rights;
		Whereas those efforts and similar ideals have forged a
			 close bond between the people of Greece and the United States; and
		Whereas it is proper and desirable for the United States
			 to celebrate March 25, 2013, Greek Independence Day, with the people of Greece
			 and to reaffirm the democratic principles from which those two great countries
			 were founded: Now, therefore, be it

		That the Senate—
			(1)extends warm
			 congratulations and best wishes to the people of Greece as they celebrate the
			 192nd anniversary of the independence of Greece;
			(2)expresses support
			 for the principles of democratic governance to which the people of Greece are
			 committed; and
			(3)notes the
			 important role that Greece has played in the wider European region and in the
			 community of nations since gaining its independence 192 years ago.


117 HR 337 IH: Foreign Agent Disclaimer Enhancement Act of 2021
U.S. House of Representatives
2021-01-15
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.

I117th CONGRESS1st SessionH. R. 337IN THE HOUSE OF REPRESENTATIVESJanuary 15, 2021Ms. Spanberger (for herself and Mr. Katko) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend the Foreign Agents Registration Act of 1938 to clarify the application to informational materials posted on online platforms by agents of foreign principals of the disclaimer requirements applicable under such Act to informational materials transmitted by agents of foreign principals through the United States mails, and for other purposes.1.Short titleThis Act may be cited as the Foreign Agent Disclaimer Enhancement Act of 2021 or the FADE Act of 2021.2.Disclaimer requirements for materials posted on online platforms by agents of foreign principals on behalf of clients(a)Method and form of disclaimer; preservation of disclaimers by certain social media platforms(1)Requirements describedSection 4(b) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 614(b)) is amended—(A)by striking (b) It shall be unlawful and inserting (b)(1) It shall be unlawful; and(B)by adding at the end the following new paragraph:(2)In the case of informational materials for or in the interests of a foreign principal which are transmitted or caused to be transmitted by an agent of a foreign principal by posting on an online platform, the agent shall ensure that the conspicuous statement required to be placed in such materials under this subsection is placed directly with the material posted on the platform and is not accessible only through a hyperlink or other reference to another source.(3)If the Attorney General determines that the application of paragraph (2) to materials posted on an online platform is not feasible because the length of the conspicuous statement required to be placed in materials under this subsection makes the inclusion of the entire statement incompatible with the posting of the materials on that platform, an agent may meet the requirements of paragraph (2) by ensuring that an abbreviated version of the statement, stating that the materials are distributed by a foreign agent on behalf of a clearly identified foreign principal, is placed directly with the material posted on the platform.(4)An online platform on which informational materials described in paragraph (2) are posted shall ensure that the conspicuous statement described in such paragraph (or, if applicable, the abbreviated statement described in paragraph (3)) is maintained with such materials at all times, including after the material is shared in a social media post on the platform, but only if the platform has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the 12 months preceding the dissemination of the materials..(2)Effective dateThe amendments made by paragraph (1) shall apply with respect to materials disseminated on or after the expiration of the 60-day period which begins on the date of the enactment of this Act, without regard to whether or not the Attorney General has promulgated regulations to carry out such amendments prior to the expiration of such period.(b)Application of requirements to persons outside the United States(1)In generalSection 4(b)(1) of such Act (22 U.S.C. 614(b)(1)), as amended by subsection (a), is amended by striking any person within the United States and inserting any person.(2)Effective dateThe amendment made by paragraph (1) shall apply with respect to materials disseminated on or after the expiration of the 60-day period which begins on the date of the enactment of this Act, without regard to whether or not the Attorney General has promulgated regulations to carry out such amendments prior to the expiration of such period.(c)Requirements for online platforms disseminating informational materials transmitted by agents of foreign principals(1)In generalSection 4 of such Act (22 U.S.C. 614) is amended by adding at the end the following new subsection:(g)If the Attorney General determines that an agent of a foreign principal transmitted or caused to be transmitted informational materials on an online platform for or in the interests of the foreign principal and did not meet the requirements of subsection (b)(2) (relating to the conspicuous statement required to be placed in such materials)—(1)the Attorney General shall notify the online platform; and(2)the online platform shall remove such materials and use reasonable efforts to inform recipients of such materials that the materials were disseminated by a foreign agent on behalf of a foreign principal. .(2)Effective dateThe amendment made by paragraph (1) shall apply with respect to materials disseminated on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. (d)DefinitionSection 1 of such Act (22 U.S.C. 611) is amended by inserting after subsection (i) the following new subsection:(j)The term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine)..3.Clarification of treatment of individuals who engage with the United States in political activities for a foreign principal in any place as agents of foreign principalsSection 1(c)(1)(i) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611(c)(1)(i)) is amended by inserting after United States the following: (whether within or outside of the United States).4.Analysis and report on challenges to enforcement of Foreign Agents Registration Act of 1938(a)AnalysisThe Attorney General shall conduct an analysis of the legal, policy, and procedural challenges to the effective enforcement of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.).(b)ReportNot later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report on the analysis conducted under subsection (a), and shall include in the report such recommendations, including recommendations for revisions to the Foreign Agents Registration Act of 1938, as the Attorney General considers appropriate to promote the effective enforcement of such Act.


I
108th CONGRESS
2d Session
H. R. 3708
IN THE HOUSE OF REPRESENTATIVES

January 20, 2004
Mr. Pitts (for himself, Mr. English, Mr. Paul, Mr. Tancredo, and Mr. Crowley) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To authorize the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of Kazakhstan.

1.FindingsCongress makes the following findings:
(1)Kazakhstan has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974.
(2)Since its independence from the Soviet Union in 1991, Kazakhstan has made progress toward creating a free-market economy system.
(3) The Department of Commerce granted Kazakhstan market economy status, the first such designation of any independent state of the former Soviet Union, effective October 1, 2001.
(4)Kazakhstan concluded a bilateral investment treaty with the United States in 1992.
(5)Kazakhstan has demonstrated a strong desire to build a friendly and cooperative relationship with the United States.
(6)Kazakhstan is providing firm support in the ongoing allied campaign in Afghanistan by allowing coalition forces to use the air space of Kazakhstan and the country’s largest airport in Almaty.
(7)Kazakhstan has taken an active role in the reconstruction of Iraq and is the only country in the region of Central Asia to send a military contingent of combat engineers, who have neutralized more than 300,000 explosive devices in Iraq, thereby saving thousands of lives.
(8)The extension of unconditional normal trade relations treatment to the products of Kazakhstan will enable the United States to avail itself of all rights under the World Trade Organization with respect to Kazakhstan.
2.Termination of application of title IV of the Trade Act of 1974 to Kazakhstan
(a)Presidential determinations and extensions of nondiscriminatory treatmentNotwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may—
(1)determine that such title should no longer apply to Kazakhstan; and
(2)after making a determination under paragraph (1) with respect to Kazakhstan, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of that country.
(b)Termination of application of title IVOn and after the effective date of the extension under subsection (a)(2) of nondiscriminatory treatment to the products of Kazakhstan, title IV of the Trade Act of 1974 shall cease to apply to that country.