109 HR 4733 IH: Stand Up for America Act of 2006
U.S. House of Representatives
2006-02-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
2d Session
H. R. 4733
IN THE HOUSE OF REPRESENTATIVES

February 8, 2006
Mr. Rangel (for himself, Mr. Cardin, Mr. Stark, Mr. Levin, Mr. McDermott, Mr. Neal of Massachusetts, Mr. McNulty, Mr. Becerra, Mr. Pomeroy, and Mr. Davis of Alabama) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Rules, 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 Office of the Congressional Trade Enforcer, and for other purposes.

1.Short titleThis Act may be cited as the Stand Up for America Act of 2006.
2.Office of the Congressional Trade Enforcer
(a)EstablishmentThere is established in the legislative branch an Office of the Congressional Trade Enforcer (in this section referred to as the Office).
(b)Congressional Trade Enforcer
(1)AppointmentThe head of the Office shall be a Congressional Trade Enforcer, who shall be appointed by the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate after considering recommendations received from the Committee on Ways and Means of the House of Representatives and Committee on Finance of the Senate, without regard to political affiliation and solely on the basis of fitness to perform the functions described in subsection (d).
(2)TermThe term of office of the Congressional Trade Enforcer shall be 5 years. An individual serving as Congressional Trade Enforcer at the expiration of a term may continue to serve until a successor is appointed. The Congressional Trade Enforcer may be removed by either the House of Representatives or the Senate by resolution.
(3)CompensationThe Congressional Trade Enforcer shall receive compensation at an annual rate of pay that is equal to the lower of—
(A)the highest annual rate of compensation of any officer of the Senate; or
(B)the highest annual rate of compensation of any officer of the House of Representatives.
(c)PersonnelThe Congressional Trade Enforcer shall appoint and fix the compensation of such personnel as may be necessary to carry out the functions described in subsection (d). All personnel of the Office shall be appointed without regard to political affiliation and solely on the basis of their fitness to perform their duties. The Congressional Trade Enforcer may prescribe the duties and responsibilities of the personnel of the Office, and delegate to them authority to perform any of the duties, powers, and functions imposed on the Office. For purposes of pay (other than pay of the Congressional Trade Enforcer) and employment benefits, rights, and privileges, all personnel of the Office shall be treated as if they were employees of the House of Representatives.
(d)Functions
(1)Principle functionThe principle function of the Congressional Trade Enforcer shall be to ensure compliance by trading partners of the United States with international trade agreements to which the United States is a party.
(2)Other functions; actions by ustr
(A)In generalThe Congressional Trade Enforcer shall have the authority to investigate foreign trade practices that are barriers to United States exports and issue indictments in cases where such practices violate any of the Uruguay Round Agreements or any bilateral or regional trade agreement to which the United States is a party.
(B)Submission of indictmentsThe Congressional Trade Enforcer shall submit indictments referred to in subparagraph (A) to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the United States Trade Representative.
(C)Action pursuant to indictmentWithin 30 days after receiving an indictment under subparagraph (B), the Trade Representative should commence dispute resolution procedures in the appropriate forum against the country or countries that are the subject of the indictment unless—
(i)prior to the date of filing, the foreign country or countries involved enters into an agreement with the United States to eliminate the practice that is inconsistent with its international obligations; or
(ii)in extraordinary cases, the filing of the case would cause serious harm to the national security of the United States.
(D)ReportIf the Trade Representative does not commence dispute resolution procedures under subparagraph (C) pursuant to an indictment under subparagraph (B), the Trade Representative shall, not later than 30 days after receiving the indictment, submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report containing the reasons therefor and shall publish notice of the decision, together with a summary of such reasons, in the Federal Register.
(3)Action pursuant to joint resolution
(A)In generalIf the Trade Representative does not commence dispute resolution procedures under paragraph (2)(C) pursuant to an indictment under paragraph (2)(B), then the Trade Representative shall commence dispute resolution procedures in the appropriate forum pursuant to the indictment upon the enactment pursuant to the requirements of subparagraph (B) of a joint resolution described in subparagraph (C).
(B)Requirements
(i)The requirements of this subparagraph are met if the joint resolution is enacted under subparagraph (C) and—
(I)the Congress adopts and transmits the joint resolution to the President before the end of the 90-day period (excluding any day described in section 154(b) of the Trade Act of 1974), beginning on the date on which the Congressional Trade Enforcer submits the indictment under paragraph (2)(B); and
(II)if the President vetoes the joint resolution, each House of Congress votes to override that veto on or before the later of the last day of the 90-day period referred to in subclause (I) or the last day of the 15-day period (excluding any day described in section 154(b) of the Trade Act of 1974) beginning on the date on which the Congress receives the veto message from the President.
(ii)A joint resolution to which this paragraph applies may be introduced at any time on or after the end of the 30-day period described in paragraph (2)(C), and before the end of the 90-day period referred to in clause (i).
(C)Joint resolutions
(i)Joint resolutionsFor purpose of this paragraph, the term joint resolution means only a joint resolution of the 2 Houses of Congress, the matter after the resolving clause of which is as follows: That the United States Trade Representative shall commence dispute resolution procedures against _______ in ______ pursuant to the indictment submitted under section 2(d)(2)(B) of the Stand Up for America Act of 2006 on ______., with the first blank space being filled with the country or countries that are the subject of the indictment, the second blank space being filled with the appropriate forum, and the third blank space being filled with the appropriate date.
(ii)Procedures
(I)Joint resolutions may be introduced in either House of the Congress by any member of such House.
(II)Subject to the provisions of this subparagraph, the provisions of subsections (b), (d), (e), and (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192 (b), (d), (e), and (f)) apply to joint resolutions to the same extent as such provisions apply to resolutions under that section.
(III)If the committee of either House to which a joint resolution has been referred has not reported it by the close of the 45th day after its introduction (excluding any day described in section 154(b) of the Trade Act of 1974), such committee shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar.
(IV)It is not in order for—
(aa)the Senate to consider any joint resolution unless it has been reported by the Committee on Finance or the committee has been discharged under subclause (III); or
(bb)the House of Representatives to consider any joint resolution unless it has been reported by the Committee on Ways and Means or the committee has been discharged under subclause (III).
(V)A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so.
(iii)Consideration of second resolution not in orderIt shall not be in order in either the House of Representatives or the Senate to consider a joint resolution (other than a joint resolution received from the other House), if that House has previously adopted a joint resolution under this paragraph.
(iv)Rules of House of Representatives and SenateThis paragraph is enacted by the Congress—
(I)as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and
(II)with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House.
(4)DefinitionsIn this subsection:
(A)IndictmentThe term indictment means a formal written analysis setting forth the legal explanation of the manner in which a foreign trade practice of a country or countries violates any of the Uruguay Round Agreements or any bilateral or regional trade agreement to which the United States is a party.
(B)Uruguay round agreementsThe term Uruguay Round Agreements means any of the agreements approved by the Congress under section 101(a)(1) of the Uruguay Round Agreements Act (19 U.S.C. 3511(a)(1)).
(e)Office of Market Access Assistance
(1)EstablishmentThere is established in the Office of the Congressional Trade Enforcer an Office of Market Access Assistance.
(2)FunctionsThe Office of Market Access Assistance shall provide technical and legal assistance and advice to eligible small businesses to enable such small businesses to prepare and file petitions (other than those which, in the opinion of the Office of Market Access Assistance, are frivolous) under section 302 of the Trade Act of 1974.
(3)DefinitionThe term “eligible small business” means any business concern which, in the judgment of the Office of Market Access Assistance, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and filing petitions and complaints under section 302 of the Trade Act of 1974. In determining whether a business concern is an “eligible small business,” the Office of Market Access Assistance may consult with the Administrator of the Small Business Administration and the heads of other appropriate Federal departments and agencies.
(f)Relationship to executive branchThe Congressional Trade Enforcer is authorized to secure information, data, estimates, and statistics directly from the various departments, agencies, and establishments of the executive branch of Government and the regulatory agencies and commissions of the Government. All such departments, agencies, establishments, and regulatory agencies and commissions shall furnish the Congressional Trade Enforcer with any available material which the Congressional Trade Enforcer determines to be necessary in the performance of the functions of the Office. The Congressional Trade Enforcer is also authorized, upon agreement with the head of any such department, agency, establishment, or regulatory agency or commission, to utilize its services, facilities, and personnel with or without reimbursement; and the head of each such department, agency, establishment, or regulatory agency or commission is authorized to provide the Office such services, facilities, and personnel.
(g)Relationship to other agencies of CongressIn carrying out the functions of the Office, and for the purpose of coordinating the operations of the Office with those of other congressional agencies with a view to utilizing most effectively the information, services, and capabilities of all such agencies in carrying out the various responsibilities assigned to each, the Congressional Trade Enforcer is authorized to obtain information, data, estimates, and statistics developed by the Government Accountability Office, and the Library of Congress, and (upon agreement with them) to utilize their services, facilities, and personnel with or without reimbursement. The Comptroller General and the Librarian of Congress are authorized to provide the Office with the information, data, estimates, and statistics, and the services, facilities, and personnel, referred to in the preceding sentence.
(h)Authorizations of appropriationsThere are authorized to be appropriated to the Office to carry out this section such sums as may be necessary for each fiscal year.
3.Identification of trade expansion priorities
(a)Identification of trade expansion prioritiesSection 310 of the Trade Act of 1974 is amended to read as follows:

310.Identification of trade expansion priorities
(a)Identification
(1)Identification and reportWithin 30 days after the submission in each calendar year of the report required by section 181(b), the Congressional Trade Enforcer shall—
(A)review United States trade expansion priorities;
(B)identify priority foreign country practices, including currency manipulation, the elimination of which is likely to have the most significant potential to increase United States exports, either directly or through the establishment of a beneficial precedent; and
(C)submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives and the Trade Representative and publish in the Federal Register a report on the priority foreign country practices so identified.
(2)FactorsIn identifying priority foreign country practices under paragraph (1), the Congressional Trade Enforcer shall take into account all relevant factors, including—
(A)the major barriers and trade distorting practices described in the National Trade Estimate Report required under section 181(b);
(B)the trade agreements to which a foreign country is a party and its compliance with those agreements;
(C)the medium- and long-term implications of foreign government procurement plans; and
(D)the international competitive position and export potential of United States products and services.
(3)Contents of reportThe Congressional Trade Enforcer may include in the report, if appropriate—
(A)a description of foreign country practices that may in the future warrant identification as priority foreign country practices; and
(B)a statement about other foreign country practices that were not identified because they are already being addressed by provisions of United States trade law, by existing bilateral trade agreements, or as part of trade negotiations with other countries, and because progress is being made toward the elimination of such practices.
(4)DefinitionIn this subsection, the term Congressional Trade Enforcer means the head of the Office of the Congressional Trade Enforcer established pursuant to section 2 of the Stand Up for America Act of 2006.
(b)Initiation of consultationsBy no later than the date that is 21 days after the date on which a report is submitted to the appropriate congressional committees and the Trade Representative under subsection (a)(1), the Trade Representative should seek consultations with each foreign country identified in the report as engaging in priority foreign country practices for the purpose of reaching a satisfactory resolution of such priority practices.
(c)Initiation of investigationIf the Trade Representative seeks consultations under subsection (b) and a satisfactory resolution of the priority foreign country practices involved has not been reached within 90 days after the date on which a report is submitted to the appropriate congressional committees under subsection (a)(1), the Trade Representative shall initiate under section 302(b)(1) an investigation under this chapter with respect to such priority foreign country practices.
(d)Agreements for the elimination of barriersIn the consultations with a foreign country that the Trade Representative is required to request under section 303(a) with respect to an investigation initiated by reason of subsection (c), the Trade Representative shall seek to negotiate an agreement that provides for the elimination of the practices that are the subject of the investigation as quickly as possible or, if elimination of the practices is not feasible, an agreement that provides for compensatory trade benefits.
(e)ReportsThe Trade Representative shall include in the semiannual report required by section 309 a report on the status of any investigations initiated pursuant to subsection (c) and, where appropriate, the extent to which such investigations have led to increased opportunities for the export of products and services of the United States..
(b)Initial report on certain practicesNot later than 90 days after the date of the enactment of this Act, the Congressional Trade Enforcer shall identify, and report to the Congress on, priority foreign trade practices of the People’s Republic of China, the Russian Federation, and the European Union, in accordance with section 310 of the Trade Act of 1974, as amended by subsection (a) of this section. As part of its analysis, the Congressional Trade Enforcer shall consider violations by the People’s Republic of China and the Russian Federation of World Trade Organization rules regarding the protection of intellectual property rights, violations by the People’s Republic of China of World Trade Organization rules regarding the manipulation of currency, and violations by the European Union of World Trade Organization rules regarding discriminatory regional trade agreements.
(c)Conforming amendmentThe item relating to section 310 in the table of contents of the Trade Act of 1974 is amended to read as follows:

Sec. 310. Identification of trade expansion priorities.


115 HR 6534 IH: Stop Outsourcing Security Act
U.S. House of Representatives
2018-07-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6534IN THE HOUSE OF REPRESENTATIVESJuly 25, 2018Ms. Schakowsky (for herself, Mr. Grijalva, Mr. Gutiérrez, Ms. Lee, Mr. McGovern, Mr. Polis, Ms. Shea-Porter, Mr. Raskin, Mr. Pocan, Ms. Moore, Mr. Pallone, Ms. Jayapal, Mr. Khanna, and Mr. Rush) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Armed Services, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo phase out the use of private military contractors.

 1.Short titleThis Act may be cited as the Stop Outsourcing Security Act. 2.FindingsCongress finds the following:
 (1)The United States Government is increasingly relying on armed private security contractors to perform mission-critical and emergency essential functions that historically have been performed by United States military or Government personnel.
 (2)As of March 2011, the Department of Defense had approximately 155,000 contract employees operating in Iraq and Afghanistan, as compared to 145,000 members of the United States Armed Forces operating in these two theaters of war.
 (3)As of March 2011, the Department of Defense had deployed 9,207 armed private security contractors in Iraq and 18,971 in Afghanistan, a change from 10,743 and 4,111, respectively, in March 2009.
 (4)As of April 1, 2011, the Department of State had over 2,500 security contractors in Iraq and 1,272 in Afghanistan, under the Worldwide Personal Protective Services (WPPS) contract.
 (5)In September 2009, photos were published showing employees of ArmorGroup North America (AGNA), hired by the Department of State to provide security at the United States Embassy in Kabul, engaging in lewd sexual hazing and harassment.
 (6)Before the September 2009 incident, the Department of State had issued multiple deficiency notices, a cure notice, and a show-cause notice expressing grave concerns about the company’s performance on the contract; one State Department official even wrote that the company’s deficiencies endanger performance of the contract to such a degree that the security of the U.S. Embassy in Kabul is in jeopardy.
 (7)On July 7, 2011, the Department of Justice announced that Armor Group North America paid a $7.5 million settlement to resolve charges that the company submitted false claims for payment on a State Department contract; the settlement resolves claims that AGNA guards violated the Trafficking Victims Protection Act by visiting brothels in Kabul with the knowledge of AGNA’s management, as well as allegations that AGNA misrepresented the prior work experience of 38 third country nationals hired to guard the embassy.
 (8)A 2010 Senate Armed Services Committee investigation found that EOD Technology, the company hired to take over protection of the Kabul Embassy from AGNA, was suspected of hiring local warlords with possible Taliban ties, and in March 2011 the EODT contract was terminated for default.
 (9)In May 2009, four men employed as military trainers for Paravant LLC, a Blackwater affiliate, fired on a civilian vehicle in Kabul, killing two Afghans and wounding a third; two of the guards were convicted of involuntary manslaughter in March 2011.
 (10)On September 16, 2007, individuals hired by the company then known as Blackwater USA opened fire on Baghdad’s Nisour Square, killing 17 Iraqis and wounding at least 20 others.
 (11)In August 2010, XE Services, LLC, the company formerly known as Blackwater, entered into a civil settlement with the State Department, under which the company agreed to pay a penalty of $42 million for 288 alleged violations of the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR).
 (12)In July 2010, The Washington Post quoted Secretary of Defense Robert Gates as saying This is a terrible confession … I can’t get a number on how many contractors work for the Office of the Secretary of Defense..
 (13)On October 18, 2007, Secretary Gates stated that the work of many contractors in Iraq is at cross-purposes to our larger mission in Iraq, and that right now those missions are in conflict. (14)In 2007, the Committee on Oversight and Government Reform of the House of Representatives investigated Blackwater’s employment practices and found that the company’s classification of its security guards may have allowed the firm to avoid paying Social Security, Medicare, and Federal income and employment taxes.
 (15)On Christmas Eve 2006, Blackwater contractor Andrew Moonen, while drunk, shot and killed a guard to Iraqi Vice President Adil Abd-al-Mahdi in the Green Zone, and though Mr. Moonen lost his job with Blackwater as a result of this incident, he was promptly hired by Combat Support Associates, another Department of Defense contractor, and sent to work in Kuwait.
 (16)In the wake of the 2004 killing of four Blackwater contractors in Fallujah, the families of the men killed filed a civil suit against the company, alleging that Blackwater failed to properly equip and man its armored vehicles; after nearly seven years in court, the case was thrown out when the families could reportedly no longer pay the court costs.
 (17)XE Services, LLC, the company formerly known as Blackwater, has also faced allegations of weapons smuggling and improperly licensing firearms; in April 2010, five former Blackwater employees, including former president Gary Jackson and former executive vice president William Wheeler Mathews, Jr., were indicted on charges including conspiring to violate Federal firearm laws, possession of unregistered firearms, and obstruction of justice. Jackson and Mathews later pleaded guilty to a misdemeanor firearms recordkeeping violation.
 (18)In response to a request from the Committee on Oversight and Government Reform of the House of Representatives, the Inspector General of the Small Business Administration investigated Blackwater in 2008 and found that the company may have misrepresented its small business status, enabling it to qualify for $110,000,000 in government contracts set aside specifically for small businesses.
 (19)Signed affidavits were filed in a civil lawsuit against Blackwater that company founder Erik Prince views himself as a Christian crusader tasked with eliminating Muslims and the Islamic faith from the globe, that he knowingly deployed demonstrably unfit men to Iraq, and that he used illegal ammunition, including a bullet designed to explode after entering the human body, among other charges.
 (20)In November 2007, a contractor employed by DynCorp International, LLC, reportedly shot and killed an unarmed taxi driver who, according to witnesses, posed no threat to the DynCorp convoy.
 (21)A January 2007 report by the Special Inspector General for Iraq Reconstruction stated that DynCorp billed the United States for millions of dollars of work that was never authorized.
 (22)In October 2007, an audit report issued by the Special Inspector General for Iraq Reconstruction stated that the Department of State does not know specifically what it received for most of the $1,200,000,000 in expenditures under its DynCorp Contract for the Iraqi Police Training Program.
 (23)Congress does not have complete access to information about all security contracts, the number of armed private security contractors working in Iraq, Afghanistan, and other combat zones, the number of contractors who have died, and any disciplinary actions taken against contract personnel or companies.
 (24)The Central Intelligence Agency paid two contractor psychologists $81 million to devise an interrogation program that yielded very little intelligence and may have violated United States law and international human rights treaties.
 (25)In 2016, it was reported that Erik Prince was under investigation by the Department of Justice and other Federal agencies for attempting to broker military services to foreign governments and possible money laundering.
 (26)A 2011 report by the Project On Government Oversight found the government paid significantly more for contractors to staff certain contingency operation positions, including security guards and language specialists.
 3.DefinitionsIn this Act: (1)Mission critical or emergency essential functionsThe term mission critical or emergency essential functions—
 (A)means— (i)activities for which continued performance is considered essential to support combat systems and operational activities;
 (ii)activities whose delay, absence, or failure of performance would significantly affect the broader success or failure of a military operation; or
 (iii)functions, the compromise of which would degrade the system effectiveness in achieving the core mission for which it was designed; and
 (B)includes— (i)the provision of protective services, including diplomatic security services;
 (ii)the provision of security advice and planning; (iii)military and police training;
 (iv)prison administration; (v)interrogation;
 (vi)intelligence and counterintelligence; (vii)counterterrorism; and
 (viii)the provision of support for the conduct of operations or security cooperation. (2)Contingency operationThe term contingency operation has the meaning provided by section 101(a)(13) of title 10, United States Code.
 (3)Other significant military operationsThe term other significant military operations means activities, other than combat operations, that are carried out by United States Armed Forces in an uncontrolled or unpredictable high-threat environment where personnel performing security functions may be called upon to use deadly force.
 (4)Specified congressional committeesThe term specified congressional committees means the following committees: (A)The Committee on Armed Services, the Committee on Oversight and Government Reform, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
 (B)The Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
				4.Requirement for Government personnel to perform diplomatic security in areas of contingency
 operations and other significant military operationsNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall ensure that all personnel working on behalf of the United States at any United States diplomatic or consular mission in areas of contingency operations and other significant military operations are provided diplomatic security services only by United States Government personnel.
		5.Requirements relating to contractors performing mission critical or emergency essential functions
			 in all areas of contingency operations and other significant military
			 operations
			(a)Report by president
 (1)RequirementNot later than June 1, 2019, the President shall submit to the specified congressional committees a report on the status of planning for the transition away from the use of private contractors for mission critical or emergency essential functions by January 1, 2020, in all areas of contingency operations and other significant military operations.
 (2)Additional matters coveredIf the report submitted under paragraph (1) states that the relevant agencies will not be able to transition to government and military personnel for such functions by January 1, 2020, the President shall include in the report the following:
 (A)A statement of the reasons why the relevant agencies are unable to do so, the date by which they will be able to do so, and the plan to ensure that they will be able to do so by that date.
 (B)A certification that— (i)all contract employees have undergone background checks to ensure that they do not have criminal records and have not been accused of human rights abuses;
 (ii)no contract employees are subject to pending criminal charges; (iii)all contract employees are under the jurisdiction of section 3261 of title 18, United States Code (relating to military extraterritorial jurisdiction);
 (iv)contract employees, if accused of crimes by the host country, must remain in United States custody; and
 (v)contracts include whistleblower protections for employees to provide good faith information to management, government agencies, and Congress of any contract violations, human rights abuses, or criminal actions.
 (3)Form of reportThe report required by this subsection shall be submitted in unclassified form, to the maximum extent possible, but may contain a classified annex, if necessary.
 (b)Examination of contractor accounting practicesAny individual or entity under contract with the Federal Government to provide mission critical or emergency essential functions after January 1, 2020, shall allow the specified congressional committees to examine their accounting practices with respect to any such contract quarterly and upon request.
 (c)Requirements relating to contract renewalsAny contract with the Federal Government requiring personnel to perform mission critical or emergency essential functions that is proposed to be renewed after the date of the enactment of this Act may be renewed only if—
 (1)the President reports to the specified congressional committees that the relevant agency does not have adequate personnel to perform the duties stipulated in the contract; and
 (2)the President certifies that— (A)all contract employees have undergone background checks to ensure that they do not have criminal records and have not been accused of human rights abuses;
 (B)no contract employees are subject to pending criminal charges; (C)all contract employees are under the jurisdiction of section 3261 of title 18, United States Code (relating to military extraterritorial jurisdiction);
 (D)contract employees, if accused of crimes by the host country, must remain in the custody of the United States; and
 (E)the contract includes whistleblower protections for employees to provide good faith information to management, government agencies, and Congress of any contract violations, human rights abuses, or criminal actions.
					6.Congressional access to contracts
			(a)Requirement To allow congress access to copies and descriptions of certain contracts and task
			 orders
 (1)Requirement regarding contracts and task orders before enactmentThe Secretary of Defense, the Secretary of State, the Secretary of the Interior, and the Administrator of the United States Agency for International Development shall allow the chairman and the ranking minority member of each specified congressional committee access to a copy of, and a description of the work performed or to be performed under, each contract, and each task order issued under an existing contract, in an amount greater than $5,000,000 entered into by the Department of Defense, the Department of State, the Department of the Interior, and the Agency for International Development, respectively, during the period beginning on October 1, 2001, and ending on the last day of the month during which this Act is enacted for work to be performed in areas of contingency operations and other significant military operations.
 (2)Form of submissionsThe copies and descriptions required by paragraph (1) shall be submitted in unclassified form, to the maximum extent possible, but may contain a classified annex, if necessary.
				(b)Reports on contracts for work To be performed in areas of contingency operations and other
 significant military operationsThe Secretary of Defense, the Secretary of State, the Secretary of the Interior, and the Administrator of the United States Agency for International Development shall each submit to each specified congressional committee a report not later than 60 days after the date of the enactment of this Act that contains the following information:
 (1)The number of persons performing work in areas of contingency operations and other significant military operations under contracts (and subcontracts at any tier) entered into by Department of Defense, the Department of State, the Department of the Interior, and the United States Agency for International Development, respectively.
 (2)The total cost of such contracts. (3)The total number of persons who have been wounded or killed in performing work under such contracts.
 (4)A description of the disciplinary actions that have been taken against persons performing work under such contracts by the contractor, the United States Government, or the government of any country in which the area of contingency operations or other significant military operations is located.


I
112th CONGRESS
2d Session
H. R. 4775
IN THE HOUSE OF REPRESENTATIVES

April 25, 2012
Mr. Ross of Arkansas introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To extend the suspension of duty on Propargite.

1.Propargite
(a)In generalHeading 9902.25.09 of the Harmonized Tariff Schedule of the United States (relating to Propargite) is amended by striking the date in the effective period column and inserting 12/31/2015.
(b)Effective dateThe amendment made by this section applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


116 HR 1339 IH: The Mass Violence Prevention Act of 2019
U.S. House of Representatives
2019-02-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1339IN THE HOUSE OF REPRESENTATIVESFebruary 25, 2019Mr. Collins of Georgia (for himself, Mr. Sensenbrenner, Mr. Steube, Mr. Cline, Mr. Armstrong, Mrs. Lesko, Mr. Reschenthaler, Mr. Woodall, Mr. Barr, Mr. Mitchell, Mr. David P. Roe of Tennessee, Mr. Gibbs, Mr. Collins of New York, Mr. Flores, Mr. Bacon, Mr. Meadows, Mr. Stivers, Mr. Stauber, Mr. Estes, Mr. Hudson, Mr. Smucker, Mr. McKinley, Mr. Steil, Mr. Moolenaar, Mr. Yoho, Mr. Joyce of Ohio, Mr. Rodney Davis of Illinois, Mr. Budd, and Mrs. Wagner) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo enhance penalties for theft of a firearm from a Federal firearms licensee, to establish a Mass
			 Violence Prevention Center, and for other purposes.

 1.Short titleThis Act may be cited as the The Mass Violence Prevention Act of 2019 or the MVP Act of 2019. IFederal Firearms Licensee Protection 101.Short titleThis title may be cited as the Federal Firearms Licensee Protection Act of 2019.
 102.Amendments to enhance certain penaltiesSection 924 of title 18, United States Code, is amended— (1)by striking subsection (i) and inserting the following:

						(i)
							(1)
 (A)A person who knowingly violates section 922(u), or attempts to do so, shall be fined under this title, imprisoned not more than 20 years, or both.
 (B)In the case of a violation described in subparagraph (A) that occurs during the commission of— (i)a burglary, the term of imprisonment shall be not less than 3 years; or
 (ii)a robbery, the term of imprisonment shall be not less than 5 years. (2)In this subsection—
 (A)the term burglary means the unlawful entry into, or remaining in, the business premises of a licensed importer, licensed manufacturer, or licensed dealer with the intent to commit a crime; and
 (B)the term robbery has the meaning given the term in section 1951(b).; and (2)in subsection (m), by inserting or attempts to do so, after or licensed collector.
				103.Crime of violence
 (a)Amendment to the definition of crime of violenceSection 924(c)(3)(B) of title 18, United States Code, is amended— (1)by striking by its nature, involves and inserting , based on the facts underlying the offense, involved; and
 (2)by striking may be used and inserting may have been used. (b)Application (1)In generalThe amendments made by this section shall apply to any offense committed on or after the date of the enactment of this Act.
 (2)Rule of constructionThe amendments made by this section shall not be construed to create any right to challenge a sentence imposed before the date of the enactment of this Act under section 924 of title 18, United States Code.
					IIMass Violence Prevention Center
 201.Mass Violence Prevention CenterPart G of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10211 et seq.) is amended by adding at the end the following:

					702.Mass Violence Prevention Center
 (a)EstablishmentThere is established in the Department of Justice a Mass Violence Prevention Center, which shall be supervised by the Director of Mass Violence Prevention (in this section referred to as the Director), who shall be appointed by the Director of the Federal Bureau of Investigation with the approval of the President.
 (b)Authority of FBI DirectorThe Director of the Federal Bureau of Investigation shall have authority, direction, and control over the Mass Violence Prevention Center and the Director of Mass Violence Prevention.
 (c)ReportingNot later than 1 year after the date of the enactment of this section, and annually thereafter, the Director shall submit a report to the Attorney General with respect to the following matters:
 (1)The budget and programs of the Mass Violence Prevention Center. (2)The activities of the Director under subsection (f).
 (3)The conduct of intelligence operations implemented by other elements of the intelligence community. (d)PurposeThe purpose of the Mass Violence Prevention Center shall be as follows:
 (1)To serve as the primary organization in the United States Government for analyzing and integrating all intelligence possessed or acquired by the United States Government pertaining to threats of mass violence.
 (2)To conduct strategic operational planning for mass violence prevention, integrating all instruments of Federal, State, and local law enforcement.
 (3)To recommend roles and responsibilities to Federal, State, and local law enforcement partners as part of its strategic operational planning duties to lead departments or agencies, as appropriate, for mass violence prevention that are consistent with applicable law and that support strategic operational plans for mass violence prevention.
 (4)To ensure that Federal, State, and local law enforcement agencies, have access to and receive all-source intelligence support needed to execute plans to prevent mass violence or perform independent, alternative analysis on threats of mass violence, or for other purposes, as appropriate.
 (5)To serve as the central and shared knowledge bank on known and suspected perpetrators of mass violence, as well as the perpetrator’s goals, strategies, capabilities, and networks of contacts and support.
 (e)Duties and responsibilities of DirectorThe Director shall— (1)provide strategic operational plans for mass violence prevention efforts of the United States Government and for the effective integration of mass violence intelligence and operations across agency boundaries;
 (2)advise the Attorney General on the extent to which the mass violence prevention program recommendations and budget proposals of the departments, agencies, and elements of the United States Government conform to the priorities established by the President.
 (3)disseminate mass violence threat information, including a current mass violence threat analysis, to the President, the Vice President, the Attorney General, the Secretary of Homeland Security, and other officials of the executive branch as appropriate, and to the appropriate committees of Congress;
 (4)support the Department of Justice, and other appropriate agencies, in fulfillment of their responsibilities to disseminate mass violence threat information, consistent with applicable law, Executive orders, and other Presidential guidance to State and local government officials, and other entities, and coordinate dissemination of mass violence threat information to State and local law enforcement agencies as approved by the Attorney General;
 (5)consistent with priorities approved by the President, establish requirements for the intelligence community for the collection of mass violence threat information; and
 (6)perform such other duties as the Attorney General may prescribe or are prescribed by law. (f)Resolution of disputesThe Attorney General shall resolve disagreements between the Mass Violence Prevention Center and the head of a department, agency, or element of the United States Government on designations, assignments, plans, or responsibilities under this section. The head of such a department, agency, or element may appeal the resolution of the disagreement by the Attorney General to the President..
			IIIAdditional United States Attorneys for Project Safe Neighborhoods
 301.Additional assistant United States attorneysThere are authorized to be appropriated for each of fiscal years 2020, 2021, 2022, 2023, and 2024, $10,000,000 for the appointment of not fewer than 50 assistant United States attorneys in such districts as the Attorney General determines appropriate, based on the incidence of firearms-related violence. The duties of any assistant United States attorney appointed under this section shall, for fiscal years 2020 through 2024, consist solely of assisting in the implementation of Project Safe Neighborhoods in that district.


		I
		112th CONGRESS
		2d Session
		H. R. 3904
		IN THE HOUSE OF REPRESENTATIVES

			February 6, 2012
			Mr. Rehberg
			 introduced the following bill; which was referred to the
			 Committee on Armed
			 Services

		A BILL
		To modify the commencement date of the active force
		  drawdown period used for the reimplementation of the temporary early retirement
		  authority granted to the Secretary of Defense as an additional force management
		  tool with which to effect the drawdown of military forces.

		1.Short titleThis Act may be cited as the
			 Keep America’s Promises
			 Act.
		2.Commencement date
			 of active force drawdown period for temporary early retirement
			 authority
			(a)FindingsCongress makes the following
			 findings:
				(1)The Keep America’s Promises Act is
			 intended, and should be construed in the event of any ambiguity, to extend the
			 renewed Temporary Early Retirement Authority provided by the amendments made by
			 section 504(b) of the National Defense Authorization Act for Fiscal Year 2012
			 (Public Law 112–81; 125 Stat. 1390) to retroactively cover members of the Army,
			 Navy, Air Force, or Marine Corps who—
					(A)were separated on
			 or after March 1, 2011, but before the effective date of the amendments;
			 and
					(B)had at least 15
			 years in service on the date that they separated from the Armed Forces.
					(2)Specifically, this
			 Act protects 157 Air Force Officers (Majors) who were involuntarily separated
			 as a result of a March 2011 continuation board.
				(3)Even if an officer
			 referred to in this subsection opted to separated before the mandatory
			 separation date applicable to the officer, the officer should still be
			 protected by this Act.
				(4)The fact that an officer referred to in
			 this subsection has separated from the Armed Forces before the date of the
			 enactment of this Act should not exclude the officer from the benefits
			 available under the renewed Temporary Early Retirement Authority.
				(b)Commencement
			 dateSubsection (i)(2) of
			 section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (10
			 U.S.C. 1293 note), as added by section 504(b) of the National Defense
			 Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1390), is
			 amended by striking beginning on the date of the enactment of the
			 National Defense Authorization Act for Fiscal Year 2012 and inserting
			 beginning on March 1, 2011,.
			(c)Cross
			 referenceSubsection (h) of
			 section 4403 of the National Defense Authorization Act for Fiscal Year 1993 (10
			 U.S.C. 1293 note), as amended by section 504(b) of the National Defense
			 Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1390), is
			 amended in the first sentence—
				(1)by striking
			 the date of the enactment of this Act and inserting
			 October 23, 1992,; and
				(2)by striking
			 the date of the enactment of the National Defense Authorization Act for
			 Fiscal Year 2012 and inserting March 1, 2011,.
				(d)Application of
			 amendmentsIn the case of a
			 member of the Army, Navy, Air Force, or Marine Corps whose original separation
			 date was between March 1, 2011, and December 31, 2011, and who would have been
			 eligible for retirement by reason of the authority provided in subsection (b)
			 of section 4403 of the National Defense Authorization Act for Fiscal Year 1993
			 (10 U.S.C. 1293 note) had the date of the enactment of the National Defense
			 Authorization Act for Fiscal Year 2012 been March 1, 2011, instead of December
			 31, 2011, the Secretary of the military department concerned, with the
			 agreement of the member, shall—
				(1)retire the member
			 under the authority of such section or, if an enlisted member of the Navy or
			 Marine Corps, alternatively transfer the member to the Fleet Reserve or Fleet
			 Marine Corps Reserve; and
				(2)compute and pay
			 retired or retainer pay for the member under subsection (e) of such
			 section.


117 S1463 IS: Modernizing Therapeutic Equivalence Rating Determination Act
U.S. Senate
2021-04-29
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. 1463IN THE SENATE OF THE UNITED STATESApril 29, 2021Mr. Cassidy (for himself and Ms. Smith) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Federal Food, Drug, and Cosmetic Act to modernize therapeutic equivalence rating determinations.1.Short titleThis Act may be cited as the Modernizing Therapeutic Equivalence Rating Determination Act.2.Therapeutic equivalence determinationsSection 505(j)(7)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)(A)) is amended by adding at the end the following:(v)(I)The Secretary shall make a determination under clause (i)(III)—(aa)with respect to an application submitted under this subsection, at the time of approval of such application or not later than 30 days after the date of such approval; or(bb)with respect to an application submitted under subsection (b)(2), at the time of approval of such application or not later than 30 days after the date of such approval, provided that the sponsor requests such a determination in the original application, in a form prescribed by the Secretary. (II)When the Secretary makes a determination under clause (i)(III), the Secretary shall, in revisions made to the list pursuant to clause (ii), include such information for such drug.(III)When the Secretary makes a determination under clause (i)(III) with respect to a drug, the Secretary shall, at the same time, make such a determination with respect to any other drug—(aa)whose application under subsection (b)(2) was approved; (bb)which references the same listed drug as the application for the first drug for which such determination is made; and(cc)for which there is a citizen petition pending requesting that the Secretary make a determination under clause (i)(III)..


115 HR 1176 IH: Keep America’s Waterfronts Working Act
U.S. House of Representatives
2017-02-16
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.

I115th CONGRESS1st SessionH. R. 1176IN THE HOUSE OF REPRESENTATIVESFebruary 16, 2017Ms. Pingree (for herself and Mr. Wittman) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo amend the Coastal Zone Management Act of 1972 to establish a Working Waterfront Task Force and a
			 working waterfronts grant program, and for other purposes.

 1.Short titleThis Act may be cited as the Keep America’s Waterfronts Working Act. 2.Working Waterfronts Grant ProgramThe Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by adding at the end the following:

				320.Working Waterfronts Grant Program
 (a)Findings and purposeThe Congress finds the following: (1)Findings (A)Water-dependent commercial activities are the economic and cultural heart of many coastal communities. These activities include commercial fishing, recreational fishing businesses, tourism, aquaculture, boatbuilding, transportation, and many other water-dependent businesses.
 (B)Water-dependent commercial activities depend on coastal access in the form of— (i)docks, wharfs, boat lifts, wet and dry marinas, and boat ramps;
 (ii)boat hauling, repair, and construction facilities; (iii)commercial fishing facilities; and
 (iv)other support structures on, over, or adjacent to navigable bodies of water. (C)The coastal zone of the United States is experiencing rising property values and taxes, and related development pressure, as more people move to the coastal zone and as coastal areas experience a demographic shift favoring wealthier individuals.
 (D)Privately owned access areas for water-dependent commercial activity in many States are under increasing threat from private residential development and other conversion.
 (E)Loss of access for water-dependent commercial activity would have economically and culturally devastating consequences for many coastal communities.
 (2)PurposeThe purpose of this section is to preserve and protect coastal access for persons engaged in water-dependent commercial activities, including commercial fishing, recreational fishing businesses, aquaculture, boatbuilding, or other water-dependent coastal-related businesses.
						(b)Working waterfront task force
 (1)Establishment and functionsThe Secretary of the Interior shall establish a task force to identify and address critical needs with respect to working waterfronts.
 (2)MembershipThe members of the task force shall be appointed by the Secretary of the Interior, and shall include—
 (A)experts in the unique economic, social, cultural, ecological, geographic, and resource concerns of working waterfronts; and
 (B)representatives from the National Oceanic and Atmospheric Administration’s Coastal Services Center, the United States Fish and Wildlife Service, the Department of Agriculture, the Environmental Protection Agency, the United States Geological Survey, the Navy, the National Marine Fisheries Service, and such other Federal agencies as the Secretary considers appropriate.
 (3)FunctionsThe task force shall— (A)identify and prioritize critical needs with respect to working waterfronts in States that have a management program approved by the Secretary of Commerce pursuant to section 306, in the areas of—
 (i)economic and cultural importance of working waterfronts to communities; (ii)changing environments and threats working waterfronts face from environment changes, trade barriers, and marketplace variables; and
 (iii)identifying working waterfronts and highlighting them within communities; (B)outline options to address such critical needs;
 (C)identify Federal agencies that are responsible under existing law for addressing such critical needs; and
 (D)recommend Federal agencies best suited to address any critical needs for which no agency is responsible under existing law.
 (4)Information to be consideredIn identifying and prioritizing policy gaps pursuant to paragraph (3), the task force shall consider the findings and recommendations contained in section VI of the report entitled The Sustainable Working Waterfronts Toolkit: Final Report, dated March 2013.
 (5)ReportNot later than 18 months after the date of the enactment of this section, the task force shall submit a report to Congress on its findings.
 (6)ImplementationThe head of each Federal agency identified in the report pursuant to paragraph (3)(C) shall take such action as is necessary to implement the recommendations contained in the report by not later than 1 year after the date of the issuance of the report.
						(c)Working waterfront grant program
 (1)The Secretary shall establish a Working Waterfront Grant Program, in cooperation with appropriate State, regional, and other units of government, under which the Secretary may make a grant to any coastal state for the purpose of implementing a working waterfront plan approved by the Secretary under subsection (d).
 (2)Subject to the availability of appropriations, the Secretary shall award matching grants under the program to coastal states with approved working waterfront plans through a regionally equitable, competitive funding process in accordance with the following:
 (A)The Governor, or the lead agency designated by the Governor for coordinating the implementation of this section, where appropriate in consultation with the appropriate local government, shall determine that the application is consistent with the State’s or territory’s approved coastal zone plan, program, and policies prior to submittal to the Secretary.
 (B)In developing guidelines under this section, the Secretary shall consult with coastal states, other Federal agencies, and other interested stakeholders with expertise in working waterfront planning.
 (C)Coastal states may allocate grants to local governments, agencies, or nongovernment organizations eligible for assistance under this section.
 (3)In awarding a grant to a coastal state, the Secretary shall consider— (A)the economic and cultural significance of working waterfront to the coastal state;
 (B)the demonstrated working waterfront needs of the coastal state as outlined by a working waterfront plan approved for the coastal state under subsection (d), and the value of the proposed project for the implementation of such plan;
 (C)the ability to successfully leverage funds among participating entities, including Federal programs, regional organizations, State and other government units, landowners, corporations, or private organizations;
 (D)the potential for rapid turnover in the ownership of working waterfront in the coastal state, and where applicable the need for coastal states to respond quickly when properties in existing or potential working waterfront areas or public access areas as identified in the working waterfront plan submitted by the coastal state come under threat or become available;
 (E)the impact of the working waterfront plan approved for the coastal state under subsection (d) on the coastal ecosystem and the users of the coastal ecosystem; and
 (F)the extent of the historic connection between working waterfronts and the local communities within the coastal state.
 (4)The Secretary shall approve or reject an application for such a grant within 60 days after receiving an application for the grant.
						(d)Working waterfront plans
 (1)To be eligible for a grant under subsection (c), a coastal state must submit and have approved by the Secretary a comprehensive working waterfront plan in accordance with this subsection or be in the process of developing such a plan and have an established working waterfront program at the State or local level.
 (2)Such plan— (A)must provide for preservation and expansion of access to coastal waters to persons engaged in commercial fishing, recreational fishing businesses, aquaculture, boatbuilding, or other water-dependent, coastal-related business;
 (B)shall include— (i)an assessment of the economic, social, cultural, and historic value of working waterfront to the coastal state;
 (ii)a description of relevant State and local laws and regulations affecting working waterfront in the geographic areas identified in the working waterfront plan;
 (iii)identification of geographic areas where working waterfronts are currently under threat of conversion to uses incompatible with commercial fishing, recreational fishing businesses, aquaculture, boatbuilding, or other water-dependent, coastal-related business, and the level of that threat;
 (iv)identification of geographic areas with a historic connection to working waterfronts where working waterfronts are not currently available, and, where appropriate, an assessment of the environmental impacts of any expansion or new development of working waterfronts on the coastal ecosystem;
 (v)identification of other working waterfront needs including improvements to existing working waterfronts and working waterfront areas;
 (vi)a strategic and prioritized plan for the preservation, expansion, and improvement of working waterfronts in the coastal state;
 (vii)for areas identified under clauses (iii), (iv), (v), and (vi), identification of current availability and potential for expansion of public access to coastal waters;
 (viii)a description of the degree of community support for such strategic plan; and (ix)a contingency plan for properties that revert to the coastal state pursuant to determinations made by the coastal state under subsection (h)(4)(C);
 (C)may be part of the management program approved under section 306; (D)shall utilize to the maximum extent practicable existing information contained in relevant surveys, plans, or other strategies to fulfill the information requirements under this paragraph; and
 (E)shall incorporate the policies and regulations adopted by communities under local working waterfront plans or strategies in existence prior to the date of enactment of this section.
 (3)A working waterfront plan— (A)shall be effective for purposes of this section for the 5-year period beginning on the date it is approved by the Secretary;
 (B)must be updated and re-approved by the Secretary before the end of such period; and (C)shall be complimentary to and incorporate the policies and objectives of regional or local working waterfront plans as in effect before the date of enactment of this section or as subsequently revised.
 (4)The Secretary may— (A)award planning grants to coastal states for the purpose of developing or revising comprehensive working waterfront plans; and
 (B)award grants consistent with the purposes of this section to States undertaking the working waterfront planning process under this section, for the purpose of preserving and protecting working waterfronts during such process.
 (5)Any coastal state applying for a working waterfront grant under this title shall— (A)develop a working waterfront plan, using a process that involves the public and those with an interest in the coastal zone;
 (B)coordinate development and implementation of such a plan with other coastal management programs, regulations, and activities of the coastal state; and
 (C)if the coastal state allows qualified holders (other than the coastal state) to enter into working waterfront covenants, provide as part of the working waterfront plan under this subsection a mechanism or procedure to ensure that the qualified holders are complying their duties to enforce the working waterfront covenant.
							(e)Uses, terms, and conditions
 (1)Each grant made by the Secretary under this section shall be subject to such terms and conditions as may be appropriate to ensure that the grant is used for purposes consistent with this section.
 (2)A grant under this section may be used— (A)to acquire a working waterfront, or an interest in a working waterfront; or
 (B)to make improvements to a working waterfront, including the construction or repair of wharfs, boat ramps, or related facilities.
 (f)Public access requirementA working waterfront project funded by grants made under this section must provide for expansion or improvement of reasonable and appropriate public access to coastal waters at or in the vicinity of a working waterfront, except for commercial fishing or other industrial access points where the coastal state determines that public access would be unsafe.
					(g)Limitations
 (1)Except as provided in paragraph (2), a grant awarded under this section may be used to purchase working waterfront or an interest in working waterfront, including an easement, only from a willing seller and at fair market value.
 (2)A grant awarded under this section may be used to acquire working waterfront or an interest in working waterfront at less than fair market value only if the owner certifies to the Secretary that the sale is being entered into willingly and without coercion.
 (3)No Federal, State, or local entity may exercise the power of eminent domain to secure title to any property or facilities in connection with a project carried out under this section.
						(h)Allocation of grants to local governments and other entities
 (1)The Secretary shall encourage coastal states to broadly allocate amounts received as grants under this section among working waterfronts identified in working waterfront plans approved under subsection (d).
 (2)Subject to the approval of the Secretary, a coastal state may, as part of an approved working waterfront plan, designate as a qualified holder any unit of State or local government or nongovernment organization, if the coastal state is ultimately responsible for ensuring that the property will be managed in a manner that is consistent with the purposes for which the land entered into the program.
 (3)A coastal state or a qualified holder designated by a coastal state may allocate to a unit of local government, nongovernmental organization, fishing cooperative, or other entity, a portion of any grant made under this section for the purpose of carrying out this section, except that such an allocation shall not relieve the coastal state of the responsibility for ensuring that any funds so allocated are applied in furtherance of the coastal state's approved working waterfront plan.
 (4)A qualified holder may hold title to or interest in property acquired under this section, except that—
 (A)all persons holding title to or interest in working waterfront affected by a grant under this section, including a qualified holder, private citizen, private business, nonprofit organization, fishing cooperative, or other entity, shall enter into a working waterfront covenant;
 (B)such covenant shall be held by the coastal state or a qualified holder designated under paragraph (2);
 (C)if the coastal state determines, on the record after an opportunity for a hearing, that the working waterfront covenant has been violated—
 (i)all right, title, and interest in and to the working waterfront covered by such covenant shall, except as provided in subparagraph (D), revert to the coastal state; and
 (ii)the coastal state shall have the right of immediate entry onto the working waterfront; (D)if a coastal state makes a determination under subparagraph (C), the coastal state may convey or authorize the qualified holder to convey the working waterfront or interest in working waterfront to another qualified holder; and
 (E)nothing in this subsection waives any legal requirement under any Federal or State law. (i)Matching contributions (1)Except as provided in paragraph (2), the Secretary shall require that each coastal state that receives a grant under this section, or a qualified holder designated by that coastal state under subsection (h), shall provide matching funds in an amount equal to at least 25 percent of the total cost of the project carried out with the grant.
 (2)The Secretary may waive the application of paragraph (1) for any qualified holder that is an underserved community, a community that has an inability to draw on other sources of funding because of the small population or low income of the community, or for other reasons the Secretary considers appropriate.
 (3)A local community designated as a qualified holder under subsection (h) may utilize funds or other in-kind contributions donated by a nongovernmental partner to satisfy the matching funds requirement under this subsection.
 (4)As a condition of receipt of a grant under this section, the Secretary shall require that a coastal state provide to the Secretary such assurances as the Secretary determines are sufficient to demonstrate that the share of the cost of each eligible project that is not funded by the grant awarded under this section has been secured.
 (5)If financial assistance under this section represents only a portion of the total cost of a project, funding from other Federal sources may be applied to the cost of the project. Each portion shall be subject to match requirements under the applicable provision of law.
 (6)The Secretary shall treat as non-Federal match the value of a working waterfront or interest in a working waterfront, including conservation and other easements, that is held in perpetuity by a qualified holder, if the working waterfront or interest is identified in the application for the grant and acquired by the qualified holder within 3 years of the grant award date, or within 3 years after the submission of the application and before the end of the grant award period. Such value shall be determined by an appraisal performed at such time before the award of the grant as the Secretary considers appropriate.
 (7)The Secretary shall treat as non-Federal match the costs associated with acquisition of a working waterfront or an interest in a working waterfront, and the costs of restoration, enhancement, or other improvement to a working waterfront, if the activities are identified in the project application and the costs are incurred within the period of the grant award, or, for working waterfront described in paragraph (6), within the same time limits described in that paragraph. These costs may include either cash or in-kind contributions.
 (j)Limit on administrative costsNo more than 5 percent of the funds made available to the Secretary under this section may be used by the Secretary for planning or administration of the program under this section.
					(k)Other technical and financial assistance
 (1)Up to 5 percent of the funds appropriated under this section may be used by the Secretary for purposes of providing technical assistance as described in this subsection.
 (2)The Secretary shall— (A)provide technical assistance to coastal states and local governments in identifying and obtaining other sources of available Federal technical and financial assistance for the development and revision of a working waterfront plan and the implementation of an approved working waterfront plan;
 (B)provide technical assistance to States and local governments for the development, implementation, and revision of comprehensive working waterfront plans, which may include, subject to the availability of appropriations, planning grants and assistance, pilot projects, feasibility studies, and other projects necessary to further the purposes of this section;
 (C)assist States in developing other tools to protect working waterfronts; and (D)collect and disseminate to States guidance for best storm water management practices in regards to working waterfronts.
							(l)Reports
 (1)The Secretary shall— (A)develop performance measures to evaluate and report on the effectiveness of the program under this section in accomplishing the purpose of this section; and
 (B)submit to Congress a biennial report that includes such evaluations, an account of all expenditures, and descriptions of all projects carried out using grants awarded under this section.
 (2)The Secretary may submit the biennial report under paragraph (1)(B) by including it in the biennial report required under section 316.
 (m)DefinitionsIn this section: (1)The term qualified holder means a coastal state or a unit of local or coastal state government or a non-State organization designated by a coastal state under subsection (h).
 (2)The term Secretary means the Secretary, acting through the National Oceanic and Atmospheric Administration. (3)The term working waterfront means real property (including support structures over water and other facilities) that provides access to coastal waters to persons engaged in commercial fishing, recreational fishing businesses, boatbuilding, aquaculture, or other water-dependent, coastal-related business and is used for, or that supports, commercial fishing, recreational fishing businesses, boatbuilding, aquaculture, or other water-dependent, coastal-related business.
 (4)The term working waterfront covenant means an agreement in recordable form between the owner of working waterfront and one or more qualified holders, that provides such assurances as the Secretary may require that—
 (A)the title to or interest in the working waterfront will be held by a grant recipient or qualified holder in perpetuity, except as provided in subparagraph (C);
 (B)the working waterfront will be managed in a manner that is consistent with the purposes for which the property is acquired pursuant to this section, and the property will not be converted to any use that is inconsistent with the purpose of this section;
 (C)if the title to or interest in the working waterfront is sold or otherwise exchanged— (i)all working waterfront owners and qualified holders involved in such sale or exchange shall accede to such agreement; and
 (ii)funds equal to the fair market value of the working waterfront or interest in working waterfront shall be paid to the Secretary by parties to the sale or exchange, and such funds shall, at the discretion of the Secretary, be paid to the coastal state in which the working waterfront is located for use in the implementation of the working waterfront plan of the State approved by the Secretary under this section; and
 (D)such covenant is subject to enforcement and oversight by the coastal state or by another person as determined appropriate by the Secretary..


		I
		111th CONGRESS
		2d Session
		H. R. 5006
		IN THE HOUSE OF REPRESENTATIVES

			April 13, 2010
			Mr. Hastings of
			 Florida (for himself, Mr.
			 Conyers, Mr. Meek of
			 Florida, Ms. Ros-Lehtinen,
			 Mr. Towns,
			 Ms. Corrine Brown of Florida,
			 Ms. Schakowsky,
			 Ms. Clarke,
			 Mr. Rangel,
			 Ms. Wasserman Schultz,
			 Ms. Watson,
			 Ms. Fudge,
			 Mr. Jackson of Illinois,
			 Mr. Lewis of Georgia,
			 Mrs. Christensen,
			 Mr. Grijalva,
			 Ms. Norton,
			 Ms. Richardson,
			 Mr. Rush, Mr. Sablan, and Mr.
			 Cao) introduced the following bill; which was referred to the
			 Committee on Foreign
			 Affairs, and in addition to the Committee on
			 Rules, 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 the President to call a White House Conference
		  on Haiti.

		1.Short titleThis Act may be cited as the
			 White House Conference on Haiti Act of
			 2010.
		2.FindingsCongress finds the following:
			(1)Haiti is the
			 poorest country in the Western Hemisphere.
			(2)On January 12,
			 2010, a 7.0 magnitude earthquake struck the country of Haiti.
			(3)The earthquake
			 caused massive devastation across Haiti, destroying government buildings,
			 hospitals, schools, and vital aid offices including the headquarters of the
			 United Nations mission to Haiti.
			(4)An estimated
			 3,000,000 people have been directly affected by the disaster in Haiti, nearly
			 one-third of the country’s population, who are currently at risk of long-term
			 displacement and vulnerability.
			(5)Prior to the
			 earthquake, Haiti was still in the process of recovering from a recent series
			 of hurricanes and tropical storms, previous natural disasters, and food
			 shortages and rising commodity prices, but was showing encouraging signs of
			 improvement.
			(6)President Obama
			 vowed the unwavering support of the United States and pledged a
			 swift, coordinated and aggressive effort to save lives and support the
			 recovery in Haiti.
			(7)Prior to the
			 earthquake, there were approximately 10,000 nongovernmental organizations
			 operating in Haiti.
			(8)At least 3,000,000
			 Haitians live abroad.
			(9)Haitians abroad
			 provide significant capital to local economies in Haiti through travel and
			 remittances and have the potential to advance reconstruction efforts by
			 providing needed skills and resources.
			(10)The response to
			 the tragedy from the global community has been overwhelmingly positive.
			(11)Individuals,
			 businesses, and philanthropic organizations across the United States and
			 throughout the international community have responded in support of Haiti
			 during this time of crisis.
			3.Authorization of
			 the Conference
			(a)Authority To
			 call conferenceNot later than December 31, 2010, the President
			 shall call the White House Conference on Haiti (in this Act referred to as the
			 Conference) to be convened not later than 6 months after the
			 selection of the Policy Committee established in section 4, in order to make
			 fundamental policy recommendations on ways to assist in the recovery and
			 long-term development of Haiti.
			(b)Planning and
			 directionThe Secretary of State and the Secretary of Homeland
			 Security (in this Act referred to as the Co-chairs) shall plan,
			 conduct, and convene the Conference, in consultation with other appropriate
			 Cabinet members.
			(c)Purposes of
			 conferenceThe purposes of the Conference are to—
				(1)bring attention to
			 the ongoing challenges facing Haiti and the progress made in its recovery from
			 the January 12, 2010, earthquake;
				(2)promote
			 collaboration and coordination between the United States Government, foreign
			 governments, the private sector, international nongovernmental organizations,
			 and the Haitian diaspora;
				(3)identify gaps or
			 duplication in the provision of humanitarian assistance;
				(4)highlight
			 innovative ideas for sustainable rebuilding and redevelopment in Haiti;
				(5)share best
			 practices in development assistance in Haiti and in nations facing similar
			 challenges;
				(6)develop
			 opportunities for greater involvement in Haiti’s recovery by the Haitian
			 diaspora and the private sector;
				(7)review the
			 structure, scope, and effectiveness of existing policies and initiatives by
			 public and private entities regarding development assistance, stability, and
			 long-term economic growth in Haiti; and
				(8)identify possible
			 changes to United States immigration, trade, and foreign aid policies that may
			 assist in a more rapid, sustainable recovery.
				4.Policy committee;
			 related committees
			(a)EstablishmentNot
			 later than June 30, 2010, there is established a Policy Committee comprising of
			 17 members to be selected as follows:
				(1)Presidential
			 appointeesNine members shall be selected by the President and
			 shall include—
					(A)3 members who are
			 officers or employees of the United States; and
					(B)6 members with
			 experience in addressing the needs of disaster-stricken and developing
			 countries.
					(2)House
			 appointees
					(A)Selection by
			 SpeakerTwo members shall be selected by the Speaker of the House
			 of Representatives after consultation with the chairperson of the Committee on
			 Foreign Affairs, the chairperson of the Committee on Homeland Security, the
			 chairperson of the Committee on the Judiciary, the chairperson of the Committee
			 on Energy and Commerce, and the chairperson of the Committee on Financial
			 Services, of the House of Representatives.
					(B)Selection by
			 minority leaderTwo members shall be selected by the minority
			 leader of the House of Representatives, after consultation with the ranking
			 minority members of such committees.
					(3)Senate
			 appointees
					(A)Selection by
			 majority leaderTwo members shall be selected by the majority
			 leader of the Senate, after consultation with members of the Committee on
			 Foreign Relations, the Committee on Homeland Security and Governmental Affairs,
			 the Committee on Commerce, Science, and Transportation, and the Committee on
			 Finance, of the Senate.
					(B)Selection by
			 minority leaderTwo members shall be selected by the minority
			 leader of the Senate, after consultation with members of such
			 committees.
					(b)Voting;
			 Chairperson
				(1)VotingThe
			 Policy Committee shall act by the vote of a majority of the members present. A
			 quorum of Committee members shall not be required to conduct Committee
			 business.
				(2)ChairpersonThe
			 Under Secretary of State for Public Diplomacy and Public Affairs shall serve as
			 the chairperson of the Policy Committee. The chairperson may vote only to break
			 a tie vote of the other members of the Policy Committee.
				(c)Duties of the
			 policy committeeThe Policy Committee shall initially meet at the
			 call of the Co-chairs, not later than 30 days after the last member is selected
			 under subsection (a). Subsequent meetings of the Policy Committee shall be held
			 at the call of the chairperson. Through meetings, hearings, and working
			 sessions, the Policy Committee shall—
				(1)make
			 recommendations to the Co-chairs to facilitate the timely convening of the
			 Conference;
				(2)submit to the
			 Co-chairs a proposed agenda for the Conference not later than 90 days after the
			 first meeting of the Policy Committee;
				(3)make
			 recommendations for the delegates of the Conference;
				(4)establish the
			 number of delegates to be selected under section 5; and
				(5)establish an
			 executive committee consisting of 3 members of the Policy Committee to work
			 with delegates of the Conference.
				5.Conference
			 delegatesTo carry out the
			 purposes of the Conference, the Co-chairs shall bring together delegates
			 representative of the spectrum of thought in the fields of development and
			 humanitarian assistance, infrastructure development, trade, democratic
			 strengthening, and Haitian culture and history, without regard to political
			 affiliation or past partisan activity, who shall include—
			(1)representatives of
			 the United States and international governments;
			(2)members of the
			 Haitian diaspora;
			(3)representatives of
			 international nongovernmental organizations; and
			(4)individuals from
			 private sector entities.
			6.Conference
			 administration
			(a)AdministrationIn
			 administering this section, the Co-chairs shall—
				(1)provide written
			 notice to all members of the Policy Committee of each meeting, hearing, or
			 working session of such Committee not later than 48 hours before the occurrence
			 of such meeting, hearing, or working session;
				(2)request the
			 cooperation and assistance of the heads of such other Federal departments and
			 agencies as may be appropriate, including the detailing of personnel;
				(3)make available for
			 public comment a proposed agenda prepared by the Policy Committee, which will
			 reflect to the greatest extent possible the major issues facing assistance to
			 Haiti with the purposes of the Conference set forth in section 3(c);
				(4)prepare and make
			 available background materials that the Co-chairs deem necessary for the use of
			 delegates to the Conference; and
				(5)employ such
			 additional personnel as may be necessary to carry out the provisions of this
			 Act without regard to provisions of title 5, United States Code, governing
			 appointments in the competitive service, and without regard to chapter 51 and
			 subchapter III of chapter 53 of such title relating to classification and
			 General Schedule pay rates.
				(b)DutiesIn
			 carrying out the Co-chairs’s responsibilities and functions under this section,
			 the Co-chairs shall ensure that—
				(1)the proposed
			 agenda prepared under subsection (a)(3) is published in the Federal Register
			 not later than 30 days after such agenda is approved by the Policy
			 Committee;
				(2)the personnel
			 employed under subsection (a)(5) are fairly balanced in terms of points of
			 views represented and are appointed without regard to political affiliation or
			 previous partisan activities;
				(3)the
			 recommendations of the Conference are not inappropriately influenced by any
			 public official or by any special interest, but instead are the result of the
			 independent and collective judgment of the delegates of the Conference;
			 and
				(4)before the
			 Conference is convened—
					(A)current and
			 adequate statistical data and other information on health and social outcomes
			 in Haiti, and
					(B)such information
			 as may be necessary to evaluate programs and policies relating to Haiti,
					which the
			 Co-chairs may obtain by making grants to or entering into an agreement with,
			 public agencies or nonprofit organizations, are readily available in advance of
			 the Conference to the delegates.(c)GiftsThe
			 Co-chairs may accept, on behalf of the United States, gifts (in cash or in
			 kind, including voluntary and uncompensated services), which shall be available
			 to carry out this Act. Gifts of cash shall be available in addition to amounts
			 appropriated to carry out this title. Gifts may be earmarked by the donor or
			 the executive committee for a specific purpose.
			(d)RecordsThe
			 Co-chairs shall maintain records regarding—
				(1)the sources,
			 amounts, and uses of gifts accepted under subsection (c); and
				(2)the identity of
			 each person receiving assistance to carry out this Act, and the amount of such
			 assistance received by each such person.
				7.Report of the
			 conference
			(a)Preliminary
			 reportNot later than 100 days after the Conference adjourns, the
			 Policy Committee shall prepare a preliminary report on the Conference which
			 shall be published in the Federal Register and submitted to Members of Congress
			 and relevant administration officials. The Policy Committee shall request that
			 Members of Congress and administration officials submit to the Policy
			 Committee, not later than 45 days after receiving such report, their views and
			 findings on such report.
			(b)Final
			 reportNot later than 6 months after the date on which the
			 Conference adjourns, the Policy Committee shall—
				(1)prepare a final
			 report of the Conference which shall include a compilation of the views and
			 findings of the Members of Congress and administration officials received under
			 subsection (a); and
				(2)publish in the
			 Federal Register, and transmit to the President and to Congress, the
			 recommendations for the administrative action and the legislation necessary to
			 implement the recommendations contained in such report.
				8.Status
			 reports
			(a)Initial status
			 reportNot later than 1 year after the date on which the
			 Conference adjourns, the Under Secretary of State for Public Diplomacy and
			 Public Affairs shall—
				(1)prepare a status
			 report documenting the implementation of the recommendations contained in the
			 final report described in section 7(b)(1); and
				(2)publish in the
			 Federal Register, and transmit to the President and to Congress, such status
			 report.
				(b)Subsequent
			 status reportsNot later than 5 years after the date on which the
			 Conference adjourns, and every 5 years thereafter until all recommendations in
			 the final report described in section 7(b)(1) are achieved, the Comptroller
			 General shall—
				(1)prepare a status
			 report documenting the implementation of the recommendations contained in such
			 final report; and
				(2)publish in the
			 Federal Register, and transmit to the President and to Congress, such status
			 report.
				9.Committee
			 hearings
			(a)Hearings on
			 reportsThe Committee on
			 Foreign Affairs of the House of Representatives and the Committee on Foreign
			 Relations of the Senate shall each hold hearings on the recommendations and
			 status reports received by Congress under sections 7(b)(2), 8(a)(2), and
			 8(b)(2).
			(b)HearingsThe Committee on Foreign Affairs of the
			 House of Representatives and the Committee on Foreign Relations of the Senate
			 shall each hold annual hearings on recovery and long-term development of Haiti.
			(c)Exercise of
			 rulemaking authoritySubsections (a) and (b) are enacted—
				(1)as an exercise of
			 the rulemaking power of the House of Representatives and Senate, and, as such,
			 they shall be considered as part of the rules of the House or Senate (as the
			 case may be), and such rules shall supersede any other rule of the House or
			 Senate only to the extent that rule is inconsistent therewith; and
				(2)with full
			 recognition of the constitutional right of either House to change such rules
			 (so far as relating to the procedure in such House) at any time, in the same
			 manner, and to the same extent as in the case of any other rule of the House or
			 Senate.
				10.Authorization of
			 appropriations
			(a)Authorization
				(1)In
			 generalThere are authorized to be appropriated to carry out this
			 Act—
					(A)such sums as may
			 be necessary for the first fiscal year in which the Policy Committee plans the
			 Conference and for the following fiscal year; and
					(B)such sums as may
			 be necessary for the fiscal year in which the Conference is held.
					(2)LimitationAny
			 new spending authority or new authority to enter into contracts under this Act,
			 and under which the United States is obligated to make outlays, shall be
			 effective only to the extent, and in such amounts, as are provided in advance
			 in appropriations Acts.
				(b)Availability of
			 funds
				(1)In
			 generalExcept as provided in paragraph (3), funds appropriated
			 to carry out this Act and funds received as gifts under section 6(c) shall
			 remain available for obligation or expenditure until the expiration of the
			 1-year period beginning on the date the Conference adjourns.
				(2)Unobligated
			 fundsExcept as provided in paragraph (3), any such funds neither
			 obligated nor expended before the expiration of the 1-year period beginning on
			 the date the Conference adjourns shall be returned to the United States
			 Treasury.
				(3)Conference not
			 convenedIf the Conference is not convened before December 31,
			 2010, a trust fund shall be established and such funds shall be deposited in
			 the trust fund and shall only be available for a future Conference on
			 Haiti.