114 HR 4450 IH: Incorporation Transparency and Law Enforcement Assistance Act
U.S. House of Representatives
2016-02-03
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
		114th CONGRESS
		2d Session
		H. R. 4450
		IN THE HOUSE OF REPRESENTATIVES

			February 3, 2016
			Mrs. Carolyn B. Maloney of New York (for herself, Mr. King of New York, Ms. Maxine Waters of California, Mr. Lynch, Mr. Capuano, and Ms. Moore) introduced the following bill; which was referred to the Committee on Financial Services

		A BILL
		To amend title 31, United States Code, to ensure that persons who form corporations or limited
			 liability companies in the United States disclose the beneficial owners of
			 those corporations or limited liability companies, in order to prevent
			 wrongdoers from exploiting United States corporations and limited
			 liability companies for criminal gain, to assist law enforcement in
			 detecting, preventing, and punishing terrorism, money laundering, and
			 other misconduct involving United States corporations and limited
			 liability companies, and for other purposes.

 1.Short titleThis Act may be cited as the Incorporation Transparency and Law Enforcement Assistance Act. 2.FindingsCongress finds the following:
 (1)Nearly 2,000,000 corporations and limited liability companies are being formed under the laws of the States each year.
 (2)Very few States obtain meaningful information about the beneficial owners of the corporations and limited liability companies formed under their laws.
 (3)A person forming a corporation or limited liability company within the United States typically provides less information to the State of incorporation than is needed to obtain a bank account or driver's license and typically does not name a single beneficial owner.
 (4)Criminals have exploited the weaknesses in State formation procedures to conceal their identities when forming corporations or limited liability companies in the United States, and have then used the newly created entities to commit crimes affecting interstate and international commerce such as terrorism, drug trafficking, money laundering, tax evasion, securities fraud, financial fraud, and acts of foreign corruption.
 (5)Law enforcement efforts to investigate corporations and limited liability companies suspected of committing crimes have been impeded by the lack of available beneficial ownership information, as documented in reports and testimony by officials from the Department of Justice, the Department of Homeland Security, the Financial Crimes Enforcement Network of the Department of the Treasury, the Internal Revenue Service, the Government Accountability Office, and others.
 (6)In July 2006, a leading international anti-money laundering organization, the Financial Action Task Force on Money Laundering (in this section referred to as the FATF), of which the United States is a member, issued a report that criticizes the United States for failing to comply with a FATF standard on the need to collect beneficial ownership information and urged the United States to correct this deficiency by July 2008.
 (7)In response to the FATF report, the United States has repeatedly urged the States to strengthen their incorporation practices by obtaining beneficial ownership information for the corporations and limited liability companies formed under the laws of such States.
 (8)Many States have established automated procedures that allow a person to form a new corporation or limited liability company within the State within 24 hours of filing an online application, without any prior review of the application by a State official. In exchange for a substantial fee, 2 States will form a corporation within 1 hour of a request.
 (9)Dozens of Internet Web sites highlight the anonymity of beneficial owners allowed under the incorporation practices of some States, point to those practices as a reason to incorporate in those States, and list those States together with offshore jurisdictions as preferred locations for the formation of new corporations, essentially providing an open invitation to criminals and other wrongdoers to form entities within the United States.
 (10)In contrast to practices in the United States, all 28 countries in the European Union are required to have formation agents identify the beneficial owners of the corporations formed under the laws of the country.
 (11)To reduce the vulnerability of the United States to wrongdoing by United States corporations and limited liability companies with hidden owners, to protect interstate and international commerce from criminals misusing United States corporations and limited liability companies, to strengthen law enforcement investigations of suspect corporations and limited liability companies, to set minimum standards for and level the playing field among State incorporation practices, and to bring the United States into compliance with its international anti-money laundering standards, Federal legislation is needed to require the States to obtain beneficial ownership information for the corporations and limited liability companies formed under the laws of such States.
			3.Transparent incorporation practices
			(a)Transparent incorporation practices
 (1)In generalChapter 53 of title 31, United States Code, is amended by inserting after section 5332 the following new section:

						5333.Transparent incorporation practices
							(a)Reporting requirements
 (1)In generalSubject to paragraph (3), not later than the beginning of fiscal year 2017, the Secretary of the Treasury shall issue regulations requiring each corporation and limited liability company formed in a State that does not have a formation system described under subsection (b) to file with the Secretary such information as the corporation or limited liability company would be required to provide the State if such State had a formation system described under subsection (b).
 (2)Disclosure of beneficial ownership informationBeneficial ownership information reported to the Secretary of the Treasury pursuant to paragraph (1) shall be provided by the Secretary of the Treasury upon receipt of—
 (A)a civil or criminal subpoena or summons from a State agency, Federal agency, or congressional committee or subcommittee requesting such information;
 (B)a written request made by a Federal agency on behalf of another country under an international treaty, agreement, or convention, or an order under section 3512 of title 18, United States Code, or section 1782 of title 28, United States Code, issued in response to a request for assistance from a foreign country; or
 (C)a written request made by the Financial Crimes Enforcement Network of the Department of the Treasury.
 (3)LimitationIn issuing regulations pursuant to paragraph (1), the Secretary shall not require such information to be filed with the Internal Revenue Service.
								(b)Formation system
 (1)In generalWith respect to a State, a formation system is described under this subsection if it meets the following requirements:
 (A)Identification of beneficial ownersExcept as provided in paragraphs (2) and (4), and subject to paragraph (3), each applicant to form a corporation or limited liability company under the laws of the State is required to provide to the State during the formation process a list of the beneficial owners of the corporation or limited liability company that—
 (i)except as provided in subparagraph (F), identifies each beneficial owner by— (I)name;
 (II)current residential or business street address; and (III)a unique identifying number from a nonexpired passport issued by the United States or a nonexpired drivers license issued by a State; and
 (ii)if the applicant is not the beneficial owner, provides the identification information described in clause (i) relating to the applicant.
 (B)Updated informationFor each corporation or limited liability company formed under the laws of the State— (i)the corporation or limited liability company is required by the State to update the list of the beneficial owners of the corporation or limited liability company by providing the information described in subparagraph (A) to the State not later than 60 days after the date of any change in the list of beneficial owners or the information required to be provided relating to each beneficial owner;
 (ii)in the case of a corporation or limited liability company formed or acquired by a formation agent and retained by the formation agent as a beneficial owner for transfer to another person, the formation agent is required by the State to submit to the State an updated list of the beneficial owners and the information described in subparagraph (A) for each such beneficial owner not later than 10 days after date on which the formation agent transfers the corporation or limited liability company to another person; and
 (iii)the corporation or limited liability company is required by the State to submit to the State an annual filing containing the list of the beneficial owners of the corporation or limited liability company and the information described in subparagraph (A) for each such beneficial owner.
 (C)Retention of informationBeneficial ownership information relating to each corporation or limited liability company formed under the laws of the State is required to be maintained by the State until the end of the 5-year period beginning on the date that the corporation or limited liability company terminates under the laws of the State.
 (D)Information requestsBeneficial ownership information relating to each corporation or limited liability company formed under the laws of the State shall be provided by the State upon receipt of—
 (i)a civil or criminal subpoena or summons from a State agency, Federal agency, or congressional committee or subcommittee requesting such information;
 (ii)a written request made by a Federal agency on behalf of another country under an international treaty, agreement, or convention, or section 1782 of title 28, United States Code; or
 (iii)a written request made by the Financial Crimes Enforcement Network. (E)No bearer share corporations or limited liability companiesA corporation or limited liability company formed under the laws of the State may not issue a certificate in bearer form evidencing either a whole or fractional interest in the corporation or limited liability company.
									(2)States that license formation agents
 (A)In generalNotwithstanding paragraph (1), a State described in subparagraph (B) may permit an applicant to form a corporation or limited liability company under the laws of the State, or a corporation or limited liability company formed under the laws of the State, to provide the required information to a licensed formation agent residing in the State, instead of to the State directly, if the application under paragraph (1)(A) or the update under paragraph (1)(B) contains—
 (i)the name, current business address, contact information, and licensing number of the licensed formation agent that has agreed to maintain the information required under this subsection; and
 (ii)a certification by the licensed formation agent that the licensed formation agent has possession of the information required under this subsection and will maintain the information in the State licensing the licensed formation agent in accordance with State law.
 (B)States describedA State described in this subparagraph is a State that maintains a formal licensing system for formation agents that requires a formation agent to register with the State, meet standards for fitness and honesty, maintain a physical office and records within the State, undergo regular monitoring, and be subject to sanctions for noncompliance with State requirements.
 (C)Licensed formation agent dutiesA licensed formation agent that receives beneficial ownership information under State law in accordance with this paragraph shall—
 (i)maintain the information in the State in which the corporation or limited liability company is being or has been formed in the same manner as required for States under paragraph (1)(C);
 (ii)provide the information under the same circumstances as required for States under paragraph (1)(D); and
 (iii)perform the duties of a formation agent under paragraph (3). (D)Termination of relationship (i)In generalExcept as provided in clause (ii), a licensed formation agent that receives beneficial ownership information relating to a corporation or limited liability company under State law in accordance with this paragraph and that resigns, dissolves, or otherwise ends a relationship with the corporation or limited liability company shall promptly—
 (I)notify the State in writing that the licensed formation agent has resigned or ended the relationship; and
 (II)transmit all beneficial ownership information relating to the corporation or limited liability company in the possession of the licensed formation agent to the licensing State.
 (ii)ExceptionIf a licensed formation agent receives written instructions from a corporation or limited liability company, the licensed formation agent may transmit the beneficial ownership information relating to the corporation or limited liability company to another licensed formation agent that is within the same State and has agreed to maintain the information in accordance with this section.
 (iii)Notice to StateIf a licensed formation agent provides beneficial ownership information to another licensed formation agent under clause (ii), the licensed formation agent providing the information shall promptly notify in writing the State under the laws of which the corporation or limited liability company is formed of the identity of the licensed formation agent receiving the information.
 (3)Certain beneficial ownersIf an applicant to form a corporation or limited liability company or a beneficial owner, officer, director, or similar agent of a corporation or limited liability company who is required to provide identification information under this subsection does not have a nonexpired passport issued by the United States or a nonexpired drivers license or identification card issued by a State, each application described in paragraph (1)(A) and each update described in paragraph (1)(B) shall include a certification by a formation agent residing in the State that the formation agent—
 (A)has obtained for each such person a current residential or business street address and a legible and credible copy of the pages of a nonexpired passport issued by the government of a foreign country bearing a photograph, date of birth, and unique identifying information for the person;
 (B)has verified the name, address, and identity of each such person; (C)will provide the information described in subparagraph (A) and the proof of verification described in subparagraph (B) upon request under the same circumstances as required for States under paragraph (1)(D); and
 (D)will retain the information and proof of verification under this paragraph in the State in which the corporation or limited liability company is being or has been formed until the end of the 5-year period beginning on the date that the corporation or limited liability company terminates under the laws of the State.
									(4)Exempt entities
 (A)In generalA formation system described in paragraph (1) shall require that an application for an entity described in subparagraph (C) or (D) of subsection (d)(2) that is proposed to be formed under the laws of a State and that will be exempt from the beneficial ownership disclosure requirements under this subsection shall include in the application a certification by the applicant, or a prospective officer, director, or similar agent of the entity—
 (i)identifying the specific provision of subsection (d)(2) under which the entity proposed to be formed would be exempt from the beneficial ownership disclosure requirements under paragraphs (1), (2), and (3);
 (ii)stating that the entity proposed to be formed meets the requirements for an entity described under such provision of subsection (d)(2); and
 (iii)providing identification information for the applicant or prospective officer, director, or similar agent making the certification in the same manner as provided under paragraph (1) or (3).
 (B)Existing entitiesOn and after the date that is 2 years after the effective date of the amendments to the formation system of a State made to comply with this section, an entity formed under the laws of the State before such effective date shall be considered to be a corporation or limited liability company for purposes of, and shall be subject to the requirements of, this subsection unless an officer, director, or similar agent of the entity submits to the State a certification—
 (i)identifying the specific provision of subsection (d)(2) under which the entity is exempt from the requirements under paragraphs (1), (2), and (3);
 (ii)stating that the entity meets the requirements for an entity described under such provision of subsection (d)(2); and
 (iii)providing identification information for the officer, director, or similar agent making the certification in the same manner as provided under paragraph (1) or (3).
 (C)Exempt entities having ownership interestIf an entity described in subparagraph (C) or (D) of subsection (d)(2) has or will have an ownership interest in a corporation or limited liability company formed or to be formed under the laws of a State, the applicant, corporation, or limited liability company in which the entity has or will have the ownership interest shall provide the information required under this subsection relating to the entity, except that the entity shall not be required to provide information regarding any natural person who has an ownership interest in, exercises substantial control over, or receives substantial economic benefits from the entity.
									(c)Penalties
 (1)In generalIt shall be unlawful for— (A)any person to affect interstate or foreign commerce by—
 (i)knowingly providing, or attempting to provide, false or fraudulent beneficial ownership information, including a false or fraudulent identifying photograph, to a State or licensed formation agent under State law in accordance with this section;
 (ii)willfully failing to provide complete or updated beneficial ownership information to a State or licensed formation agent under State law in accordance with this section; or
 (iii)knowingly disclosing the existence of a subpoena, summons, or other request for beneficial ownership information, except—
 (I)to the extent necessary to fulfill the authorized request; or (II)as authorized by the entity that issued the subpoena, summons, or other request; or
 (B)in the case of a formation agent, knowingly failing to obtain or maintain credible, legible, and updated beneficial ownership information, including any required identifying photograph.
 (2)Civil and criminal penaltiesIn addition to any civil or criminal penalty that may be imposed by a State, any person who violates paragraph (1)—
 (A)shall be liable to the United States for a civil penalty of not more than $10,000; and (B)may be fined under title 18, United States Code, imprisoned for not more than 3 years, or both.
 (d)DefinitionsFor the purposes of this section: (1)Beneficial owner (A)In generalExcept as provided in subparagraph (B), the term beneficial owner means a natural person who, directly or indirectly—
 (i)exercises substantial control over a corporation or limited liability company; or (ii)has a substantial interest in or receives substantial economic benefits from the assets of a corporation or limited liability company.
 (B)ExceptionsThe term beneficial owner shall not include— (i)a minor child;
 (ii)a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (iii)a person acting solely as an employee of a corporation or limited liability company and whose control over or economic benefits from the corporation or limited liability company derives solely from the employment status of the person;
 (iv)a person whose only interest in a corporation or limited liability company is through a right of inheritance, unless the person also meets the requirements of subparagraph (A); or
 (v)a creditor of a corporation or limited liability company, unless the creditor also meets the requirements of subparagraph (A).
 (2)Corporation; limited liability companyThe terms corporation and limited liability company— (A)have the meanings given such terms under the laws of the applicable State;
 (B)include any non-United States entity eligible for registration or registered to do business as a corporation or limited liability company under the laws of the applicable State;
 (C)do not include any entity that is, and discloses in the application by the entity to form under the laws of the State or, if the entity was formed before the date of the enactment of this section, in a filing with the State under State law—
 (i)a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 781) or that is required to file reports under section 15(d) of that Act (15 U.S.C. 78o(d));
 (ii)a business concern constituted or sponsored by a State, a political subdivision of a State, under an interstate compact between 2 or more States, by a department or agency of the United States, or under the laws of the United States;
 (iii)a depository institution (as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813));
 (iv)a credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752)); (v)a bank holding company (as defined in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841));
 (vi)a broker or dealer (as defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c)) that is registered under section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o);
 (vii)an exchange or clearing agency (as defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c)) that is registered under section 6 or 17A of the Securities Exchange Act of 1934 (15 U.S.C. 78f and 78q–1);
 (viii)an investment company (as defined in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a–3)) or an investment advisor (as defined in section 202(11) of the Investment Advisors Act of 1940 (15 U.S.C. 80b–2(11))), if the company or adviser is registered with the Securities and Exchange Commission, or has filed an application for registration which has not been denied, under the Investment Company Act of 1940 (15 U.S.C. 80a–1 et seq.) or the Investment Advisor Act of 1940 (15 U.S.C. 80b–1 et seq.);
 (ix)an insurance company (as defined in section 2 of the Investment Company Act of 1940 (15 U.S.C. 80a–2));
 (x)a registered entity (as defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)), or a futures commission merchant, introducing broker, commodity pool operator, or commodity trading advisor (as defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)) that is registered with the Commodity Futures Trading Commission;
 (xi)a public accounting firm registered in accordance with section 102 of the Sarbanes-Oxley Act (15 U.S.C. 7212);
 (xii)a public utility that provides telecommunications service, electrical power, natural gas, or water and sewer services, within the United States;
 (xiii)a church, charity, or nonprofit entity that is described in section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code of 1986, has not been denied tax exempt status, and has filed the most recently due annual information return with the Internal Revenue Service, if required to file such a return;
 (xiv)any business concern that— (I)employs more than 20 employees on a full-time basis in the United States;
 (II)files income tax returns in the United States demonstrating more than $5,000,000 in gross receipts or sales; and
 (III)has an operating presence at a physical office within the United States; or (xv)any corporation or limited liability company formed and owned by an entity described in clause (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), or (xiv); and
 (D)do not include any individual business concern or class of business concerns which the Secretary of the Treasury, with the written concurrence of the Attorney General of the United States, has determined in writing should be exempt from the requirements of subsection (a), because requiring beneficial ownership information from the business concern would not serve the public interest and would not assist law enforcement efforts to detect, prevent, or punish terrorism, money laundering, tax evasion, or other misconduct.
 (3)Formation agentThe term formation agent means a person who, for compensation— (A)acts on behalf of another person to assist in the formation of a corporation or limited liability company under the laws of a State; or
 (B)purchases, sells, or transfers the public records that form a corporation or limited liability company..
 (2)RulemakingTo carry out this Act and the amendments made by this Act, the Secretary of the Treasury, in consultation with the Secretary of Homeland Security and the Attorney General of the United States, may issue guidance or a rule to—
 (A)clarify the definitions under section 5333(d) of title 31, United States Code, as added by paragraph (1); and
 (B)specify how to verify beneficial ownership information or other identification information for purposes of such section 5333, including whether the verification procedures specified in section 5333(b)(3) should apply to all applicants under section 5333(b)(1) or whether such verification process should require the notarization of signatures.
 (3)Conforming amendmentsTitle 31, United States Code, is amended— (A)in section 5321(a)—
 (i)in paragraph (1), by striking sections 5314 and 5315 each place it appears and inserting sections 5314, 5315, and 5333; and (ii)in paragraph (6), by inserting (except section 5333) after subchapter each place it appears; and
 (B)in section 5322, by striking section 5315 or 5324 each place it appears and inserting section 5315, 5324, or 5333. (4)Table of contentsThe table of contents of chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5332 the following:

							Sec. 5333. Transparent incorporation practices..
 (5)Restrictions on public accessA State may— (A)restrict public access to all or any portion of the beneficial ownership information provided to the State as described under section 5332 of title 31, United States Code, as added by this Act; and
 (B)by statute, regulation, order, or interpretation adopted or issued by the State after the date of enactment of this Act, provide for public access to all or any portion of such information.
 (6)No duty of verificationThis Act and the amendments made by this Act do not impose any obligation on a State to verify the name, address, or identity of a beneficial owner whose information is submitted to such State under section 5333 of title 31, United States Code, as added by this Act.
				(b)Funding authorization
 (1)In generalTo carry out section 5333 of title 31, United States Code, during the 3-year period beginning on the date of enactment of this Act, funds shall be made available to each State to pay reasonable costs relating to compliance with the requirements of such section.
 (2)Funding sourcesTo protect the United States against the misuse of United States corporations and limited liability companies with hidden owners, funds shall be provided to each State to carry out the purposes described in paragraph (1) from one or more of the following sources:
 (A)Upon application by a State, and without further appropriation, the Secretary of the Treasury shall make available to the State unobligated balances described in section 9703(g)(4)(B) of title 31, United States Code, in the Department of the Treasury Forfeiture Fund established under section 9703(a) of title 31, United States Code.
 (B)Upon application by a State, after consultation with the Secretary of the Treasury, and without further appropriation, the Attorney General of the United States shall make available to the State excess unobligated balances (as defined in section 524(c)(8)(D) of title 28, United States Code) in the Department of Justice Assets Forfeiture Fund established under section 524(c) of title 28, United States Code.
					(3)Maximum amounts
 (A)Department of the TreasuryThe Secretary of the Treasury may not make available to States a total of more than $30,000,000 under paragraph (2)(A).
 (B)Department of JusticeThe Attorney General of the United States may not make available to States a total of more than $10,000,000 under paragraph (2)(B).
 (4)RulemakingNot later than the end of the 180-day period beginning on the date of the enactment of this Act, the Secretary of the Treasury and the Attorney General shall, jointly, issue regulations setting forth the procedures for States to apply for funds under this subsection, including determining which State measures should be funded to assess, plan, develop, test, or implement relevant policies, procedures, or system modifications.
 (c)Compliance ReportNothing in this section or the amendments made by this section authorizes the Secretary of the Treasury to withhold from a State any funding otherwise available to the State because of a failure by that State to comply with section 5333 of title 31, United States Code. Not later than the end of the 42-month period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report—
 (1)identifying which States obtain beneficial ownership information as described in such section 5333; (2)with respect to each State that does not obtain such information, whether corporations and limited liability companies formed under the laws of such State are in compliance with such section 5333 and providing the specified beneficial ownership information to the Secretary of the Treasury; and
 (3)whether the Department of the Treasury is in compliance with such section 5333 and, if not, what steps it must take to come into compliance with this section.
 (d)Federal contractorsNot later than the first day of the first full fiscal year beginning at least one year after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall revise the Federal Acquisition Regulation maintained under section 1303(a)(1) of title 41, United States Code, to require any contractor who is subject to the requirement to disclose beneficial ownership information under section 5333 of title 31, United States Code, to provide the information required to be disclosed under such section to the Federal Government as part of any bid or proposal for a contract with a value threshold in excess of the simplified acquisition threshold under section 134 of title 41, United States Code.
			(e)Anti-Money laundering obligations of formation agents
 (1)In generalSection 5312(a)(2) of title 31, United States Code, is amended— (A)in subparagraph (Y), by striking or at the end;
 (B)by redesignating subparagraph (Z) as subparagraph (AA); and (C)by inserting after subparagraph (Y) the following:

 (Z)any person who, for compensation— (i)acts on behalf of another person to form, or assist in formation of, a corporation or limited liability company under the laws of a State; or
 (ii)purchases, sells, or transfers the public records that form a corporation or limited liability company; or.
					(2)Deadline for anti-money laundering rule for formation agents
 (A)Proposed ruleNot later than 120 days after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Attorney General of the United States and the Commissioner of the Internal Revenue Service, shall publish a proposed rule in the Federal Register requiring persons described in section 5312(a)(2)(Z) of title 31, United States Code, as amended by this subsection, to establish anti-money laundering programs under subsection (h) of section 5318 of that title.
 (B)Final ruleNot later than 270 days after the date of enactment of this Act, the Secretary of the Treasury shall publish the rule described in this subsection in final form in the Federal Register.
 (C)ExclusionsAny rule promulgated under this subsection shall exclude from the category of persons involved in forming a corporation or limited liability company—
 (i)any government agency; and (ii)any attorney or law firm that uses a paid formation agent operating within the United States to form the corporation or limited liability company.
						4.Studies and reports
 (a)Other legal entitiesNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Congress a report—
 (1)identifying each State that has procedures that enable persons to form or register under the laws of the State partnerships, trusts, or other legal entities, and the nature of those procedures;
 (2)identifying each State that requires persons seeking to form or register partnerships, trusts, or other legal entities under the laws of the State to provide information about the beneficial owners (as that term is defined in section 5333(d)(1) of title 31, United States Code, as added by this Act) or beneficiaries of such entities, and the nature of the required information;
 (3)evaluating whether the lack of available beneficial ownership information for partnerships, trusts, or other legal entities—
 (A)raises concerns about the involvement of such entities in terrorism, money laundering, tax evasion, securities fraud, or other misconduct; and
 (B)has impeded investigations into entities suspected of such misconduct; and (4)evaluating whether the failure of the United States to require beneficial ownership information for partnerships and trusts formed or registered in the United States has elicited international criticism and what steps, if any, the United States has taken or is planning to take in response.
 (b)Effectiveness of incorporation practicesNot later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Congress a report assessing the effectiveness of incorporation practices implemented under this Act and the amendments made by this Act in—
 (1)providing law enforcement agencies with prompt access to reliable, useful, and complete beneficial ownership information; and
 (2)strengthening the capability of law enforcement agencies to combat incorporation abuses, civil and criminal misconduct, and detect, prevent, or punish terrorism, money laundering, tax evasion, or other misconduct.


116 HR 8450 IH: To treat certain face coverings and disinfectants as medical expenses for purposes of certain Federal tax benefits.
U.S. House of Representatives
2020-09-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
116th CONGRESS2d Session
H. R. 8450
IN THE HOUSE OF REPRESENTATIVES

September 30, 2020
Mr. Curtis (for himself, Ms. Kendra S. Horn of Oklahoma, Mr. Kelly of Pennsylvania, Mr. Bera, Mr. Van Drew, and Mr. Harris) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To treat certain face coverings and disinfectants as medical expenses for purposes of certain Federal tax benefits.

1.Inclusion of certain face coverings and disinfectants as medical expenses for certain Federal tax benefits
(a)In generalFor purposes of section 213 of the Internal Revenue Code of 1986 (and any provision of such Code which relies on such section for the definition of medical care, including sections 105, 106, 213, 220, and 223 of such Code), amounts paid (or expenses incurred, as the case may be) during the specified period for qualified COVID–19 prevention items shall be treated as amounts paid (or expenses incurred) for medical care. (b)Qualified COVID–19 prevention itemsFor purposes of this section, the term qualified COVID–19 prevention items means—
(1)face masks which are recommended by the Director of the Centers for Disease Control and Prevention for use by the general public to reduce the spread of COVID–19, (2)surface disinfectants that the Environmental Protection Agency has determined meet the criteria for use against SARS–CoV–2, the virus that causes COVID–19, and
(3)hand sanitizers which are recommended by the Commissioner of Food and Drugs for use by general public to reduce the spread of COVID–19. (c)Specified periodFor purposes of this section—
(1)In generalThe term specified period means the period beginning on the date of the enactment of this Act and ending with the close of calendar year which includes the date on which the Secretary, after consultation with the Secretary of Health and Human Services, determines that the COVID–19 public health emergency has terminated. (2)COVID–19 public health emergencyThe term COVID–19 public health emergency means the emergency declared with respect to COVID–19 by the Secretary of Health and Human Services on January 31, 2020, under section 319 of the Public Health Service Act (42 U.S.C. 247d) (and any renewals or extensions thereof).
(d)Treatment of plan amendmentsA plan or other arrangement that otherwise satisfies all applicable requirements of sections 106 and 125 of the Internal Revenue Code of 1986 (including any rules or regulations thereunder) shall not fail to be treated as a cafeteria plan or health flexible spending arrangement merely because such plan or arrangement is amended pursuant to a provision under this section and such amendment is retroactive, if— (1)such amendment is adopted no later than the last day of the plan year in which the amendment is effective, and
(2)the plan or arrangement is operated consistent with the terms of such amendment during the period beginning on the effective date of the amendment and ending on the date the amendment is adopted.


115 HR 1278 IH: Ghost Guns Are Guns Act
U.S. House of Representatives
2017-03-01
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. 1278IN THE HOUSE OF REPRESENTATIVESMarch 1, 2017Mr. Espaillat (for himself, Mr. Schneider, Mrs. Watson Coleman, Ms. Norton, Mr. Cohen, Mr. Raskin, Mr. Deutch, Mr. Blumenauer, Mr. Cicilline, Mr. Gutiérrez, Ms. Velázquez, Mr. Cárdenas, and Mr. Swalwell of California) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to require firearm assembly kits to be considered to be
			 firearms.

 1.Short titleThis Act may be cited as the Ghost Guns Are Guns Act. 2.Firearm assembly kits considered to be firearmsSection 921(a) of title 18, United States Code, is amended—
 (1)in paragraph (3), by striking or (D) any destructive device and inserting ; (D) any destructive device; or (E) any combination of parts designed or intended for use in converting any device into a firearm and from which a firearm may be readily assembled; and
 (2)in paragraph (4)— (A)by adding and at the end of subparagraph (A);
 (B)by striking and at the end of subparagraph (B) and inserting a period; and (C)by striking subparagraph (C).


116 HR 8257 IH: Transparency for Wounded Warriors Act
U.S. House of Representatives
2020-09-15
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.

I116th CONGRESS2d SessionH. R. 8257IN THE HOUSE OF REPRESENTATIVESSeptember 15, 2020Mr. Kildee (for himself and Mr. Bergman) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to require the Secretary of Veterans Affairs to provide to a member of the uniformed services who is denied a traumatic injury protection claim under Servicemembers’ Group Life Insurance certain information related to that denial.1.Short titleThis Act may be cited as the Transparency for Wounded Warriors Act.2.Denial of claims for traumatic injury protection under Servicemembers’ Group Life InsuranceSection 1980A of title 38, United States Code, is amended by adding at the end the following new subsection:(l)If a claim for benefits under this section is denied, the Secretary concerned shall provide to the member at the same time as the member is informed of such denial a report describing each reason for that denial, including a description of all the information upon which the denial is based and a description of the applicable laws, regulations, or policies, with appropriate citations, and an explanation of how such laws, regulations, or policies affected the denial. Any reason, information, or explanation that is not so provided may not be used by the Secretary concerned as the basis to deny a subsequent review or appeal by the member of a denial of a claim for benefits. .


110 HR 4037 IH: For the relief of Francisco Rivera and Alfonso

U.S. House of Representatives
2007-10-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		V
		110th CONGRESS
		1st Session
		H. R. 4037
		IN THE HOUSE OF REPRESENTATIVES

			October 31, 2007
			Mr. Filner introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		For the relief of Francisco Rivera and Alfonso
		  Calderon.

		1.Compensation of Francisco
			 Rivera and Alfonso Calderon
			(a)PaymentThe
			 Secretary of the Treasury shall pay, out of funds not otherwise appropriated,
			 an appropriate amount to compensate Francisco Rivera and Alfonso Calderon for
			 costs related to and damages arising from their arrest, prosecution, and
			 incarceration in Mexico as described in Claim No. 05–608C filed in the United
			 States Court of Federal Claims.
			(b)Satisfaction of
			 ClaimsThe payment under subsection (a) shall be in full
			 satisfaction of all claims of Francisco Rivera and Alfonso Calderon against the
			 United States in connection with the matter described in such
			 subsection.
			(c)No Inference of
			 LiabilityNothing in this Act shall be construed as an inference
			 of liability on the part of the United States.
			2.Limitation on
			 Attorneys’ and Agents’ Fees
			(a)In
			 GeneralIt shall be unlawful for an amount exceeding 10 percent
			 of the amount paid pursuant to section 1 to be paid to, or received by, any
			 agent or attorney for any service rendered in connection with the payment under
			 this Act.
			(b)EnforcementAny
			 person who violates subsection (a) shall be guilty of an infraction and shall
			 be fined under title 18, United States Code.


I114th CONGRESS2d SessionH. R. 6268IN THE HOUSE OF REPRESENTATIVESSeptember 28, 2016Mr. McNerney introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo direct the Attorney General to establish a definition of the term gang, and for other purposes.
1.Short titleThis Act may be cited as the Reducing Gangs and Recidivism Act of 2016. 2.Technical assistanceThe Director shall provide technical assistance to States in implementing best practices for States receiving grants under a program of the Department of Justice, a purpose of which is to combat gangs (as such term is defined pursuant to section 3).
3.Definition of gangThe Attorney General, in consultation with the heads of appropriate Federal, State, and local agencies, shall establish a definition of the term gang, which shall be used by all such Federal agencies for the purpose of any report produced by such agencies related to gangs. 4.Establishment of metrics to measure DOJ effectiveness in combating gangs (a)EstablishmentThe Attorney General shall establish metrics and standards to measure the effectiveness of the programs of the Department of Justice in combating gangs (as such term is defined pursuant to section 3).
(b)ReportNot later than 5 years after the date of the enactment of this Act, and every 5 years thereafter, the Attorney General shall submit to Congress a report describing the effectiveness of the programs referred to in subsection (a) using the metrics developed pursuant to that subsection. 5.BJS report on recidivismPart C of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3731 et seq.) is amended by adding at the end the following:

305.Report on recidivismNot later than 1 year after the date of the enactment of this Act, and every 5 years thereafter, the Director shall submit to Congress a report on recidivism..


		I
		111th CONGRESS
		2d Session
		H. R. 5335
		IN THE HOUSE OF REPRESENTATIVES

			May 18, 2010
			Mr. Marshall (for
			 himself and Mr. Castle) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To amend the Public Health Service Act to authorize the
		  Secretary of Health and Human Services to make grants to eligible local
		  educational agencies for the purpose of reducing the student-to-nurse ratio in
		  public elementary and secondary schools.

		1.Short titleThis Act may be cited as the
			 Nurses for Impoverished Schools
			 Act.
		2.Reducing
			 student-to-nurse ratios in public schoolsTitle VIII of the Public Health Service Act
			 (42 U.S.C. 296 et seq.) is amended by adding at the end the following:

				JSchool
				nurses
					861.Reducing
				student-to-nurse ratios
						(a)Demonstration
				grantsThe Secretary, acting
				through the Director of the Centers for Disease Control and Prevention, may
				make demonstration grants to eligible local educational agencies for the
				purpose of reducing the student-to-nurse ratio in public elementary and
				secondary schools.
						(b)ReportNot
				later than 24 months after the date of the enactment of this section, the
				Secretary shall submit to the Congress a report on the results of the
				demonstration grant program carried out under this section, including an
				evaluation of the effectiveness of the program in improving the
				student-to-nurse ratios described in subsection (a) and an evaluation of the
				impact of any resulting enhanced health of students on learning.
						(c)DefinitionsFor
				purposes of this section:
							(1)The terms
				elementary school and secondary school have the
				meanings given to those terms in section 9101 of the Elementary and Secondary
				Education Act of 1965 (20 U.S.C. 7801).
							(2)The term eligible local educational
				agency means a local educational agency in which—
								(A)not less than 20 percent of the students
				served by the agency are from families with incomes below the poverty line (as
				defined in section 9101 of the Elementary and Secondary Education Act of 1965
				(20 U.S.C. 7801)); and
								(B)the
				student-to-school nurse ratio in public elementary and secondary schools is 750
				or more students to every school nurse.
								(3)The term
				nurse means a licensed nurse.
							(d)Authorization of
				appropriationsTo carry out this section, there are authorized to
				be appropriated such sums as may be necessary for each of the fiscal years 2011
				through
				2015.
						.


		II
		110th CONGRESS
		1st Session
		S. 672
		IN THE SENATE OF THE UNITED STATES

			February 16, 2007
			Mr. Salazar (for himself
			 and Mr. Smith) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to provide
		  tax-exempt financing for qualified renewable energy facilities, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Rural Community Renewable Energy
			 Bonds Act.
		2.Tax-exempt
			 financing of qualified renewable energy facilities
			(a)In
			 generalSubsection (a) of
			 section 142 of the Internal Revenue Code of 1986 (relating to exempt facility
			 bond) is amended—
				(1)by striking
			 or at the end of paragraph (14),
				(2)by striking the
			 period at the end of paragraph (15) and inserting , or,
			 and
				(3)by inserting at
			 the end the following new paragraph:

						(16)qualified
				renewable energy
				facilities.
						.
				(b)DefinitionSection
			 142 of the Internal Revenue Code of 1986 is amended by inserting at the end the
			 following new subsection:

					(n)Qualified
				renewable energy facilitiesFor purposes of subsection
				(a)(16)—
						(1)In
				generalThe term qualified renewable energy
				facility means any facility—
							(A)described in
				paragraph (1), (2), (3), (4), (5), (6), or (9) of section 45(d) (relating to
				facilities using wind, closed-loop biomass, open-loop biomass, geothermal,
				solar, small irrigation, land fill gas, or qualified hydropower to produce
				electricity),
							(B)except in the
				case of a facility described in section 45(d)(5), the nameplate capacity rating
				of which is not more than 40 megawatts, and
							(C)at least—
								(i)49 percent of
				which is owned and controlled, including unrestricted voting rights, by 1 or
				more persons who are residents of the State in which such facility is located,
				and
								(ii)10 percent of
				which is owned and controlled, including unrestricted voting rights, by 1 or
				more persons who are residents of the local area in which such facility is
				located.
								(2)Determination
				of ownershipFor purposes of paragraph (1)(C), ownership
				sufficient to meet the requirement of clause (ii) thereof may be taken into
				account for purposes of determining if the requirement of clause (i) thereof is
				met.
						(3)DefinitionsFor
				purposes of this subsection—
							(A)ResidentThe
				term resident means—
								(i)in the case of an
				individual, an individual whose primary residence is in the State or local area
				in which the facility is located, and
								(ii)in the case of
				an entity, at least 50 percent of such entity is owned by individuals who are
				treated as residents of such State or local area under clause (i).
								For
				purposes of clause (ii), section 318 (relating to constructive ownership of
				stock), as modified by section 382(l)(3)(A), shall apply for purposes of
				determining ownership of stock in a corporation. Similar principles shall apply
				for purposes of determining ownership of interests in any other entity.(B)Local
				areaThe term local area means, with respect to any
				facility, an area within the 200-mile radius of such
				facility.
							.
			(c)Exemption from
			 volume capParagraph (3) of section 146(g) of the Internal
			 Revenue Code of 1986 (exempting certain exempt facility bonds from the state
			 volume caps) is amended by striking or (15) and inserting
			 (15), or (16).
			(d)Effective
			 dateThe amendments made by this section shall apply with respect
			 to bonds issued on or after the date of the enactment of this Act.


		I
		111th CONGRESS
		2d Session
		H. R. 4469
		IN THE HOUSE OF REPRESENTATIVES

			January 19, 2010
			Mr. Turner introduced
			 the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs

		A BILL
		To amend the Servicemembers Civil Relief Act to provide
		  for protection of child custody arrangements for parents who are members of the
		  Armed Forces deployed in support of a contingency operation.

		1.Protection of child custody
			 arrangements for parents who are members of the Armed Forces deployed in
			 support of a contingency operation
			(a)Child Custody
			 ProtectionTitle II of the Servicemembers Civil Relief Act (50
			 U.S.C. App. 521 et seq.) is amended by adding at the end the following new
			 section:

					208.Child custody
				protection
						(a)Restriction on
				Change of CustodyIf a motion for change of custody of a child of
				a servicemember is filed while the servicemember is deployed in support of a
				contingency operation, no court may enter an order modifying or amending any
				previous judgment or order, or issue a new order, that changes the custody
				arrangement for that child that existed as of the date of the deployment of the
				servicemember, except that a court may enter a temporary custody order if the
				court finds that it is in the best interest of the child.
						(b)Completion of
				DeploymentIn any preceding
				covered under subsection (a), a court shall require that, upon the return of
				the servicemember from deployment in support of a contingency operation, the
				custody order that was in effect immediately preceding the date of the
				deployment of the servicemember is reinstated, unless the court finds that such
				a reinstatement is not in the best interest of the child, except that any such
				finding shall be subject to subsection (c).
						(c)Exclusion of
				Military Service From Determination of Child’s Best InterestIf a
				motion for the change of custody of the child of a servicemember is filed, no
				court may consider the absence of the servicemember by reason of deployment, or
				possibility of deployment, in determining the best interest of the
				child.
						(d)No Federal right
				of actionNothing in this section shall create a Federal right of
				action.
						(e)PreemptionIn any case where State or Federal law
				applicable to a child custody proceeding under State or Federal law provides a
				higher standard of protection to the rights of the parent who is a
				servicemember than the rights provided under this section, the State or Federal
				court shall apply the State or Federal standard.
						(f)Contingency
				Operation DefinedIn this section, the term contingency
				operation has the meaning given that term in section 101(a)(13) of
				title 10, United States Code, except that the term may include such other
				deployments as the Secretary may
				prescribe.
						.
			(b)Clerical
			 AmendmentThe table of contents in section 1(b) of such Act is
			 amended by adding at the end of the items relating to title II the following
			 new item:

						208. Child custody
				protection.

					.


116 HR 8229 : Parity for HUBZone Appeals Act of 2020
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.

IIB116th CONGRESS2d SessionH. R. 8229IN THE SENATE OF THE UNITED STATESDecember 7, 2020Received; read twice and referred to the Committee on Small Business and EntrepreneurshipAN ACTTo require the Administrator of the Small Business Administration to issue a rule authorizing the Office of Hearings and Appeals to decide appeals relating to the status of HUBZone business concerns, and for other purposes.1.Short titleThis Act may be cited as the Parity for HUBZone Appeals Act of 2020.2.Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concernsNot later than 1 year after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue a rule authorizing the Office of Hearings and Appeals of the Administration to decide all appeals from formal protest determinations in connection with the status of a concern as qualified HUBZone small business concern (as such term is defined in section 31(b) of the Small Business Act (15 U.S.C. 657a(b))).Passed the House of Representatives December 3, 2020.Cheryl L. Johnson,Clerk.


116 SRES 289 IS: Expressing the sense of the Senate that socialism poses a significant threat to freedom, liberty, and economic prosperity.
U.S. Senate
2019-07-29
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.

		III
		116th CONGRESS
		1st Session
		S. RES. 289
		IN THE SENATE OF THE UNITED STATES

			July 29, 2019
			Mr. Daines submitted the following resolution; which was referred to the Committee on the Judiciary

		RESOLUTION
		Expressing the sense of the Senate that socialism poses a significant threat to freedom, liberty,
			 and economic prosperity.

 Whereas Merriam-Webster Dictionary defines socialism as— (1)any of various economic and political theories advocating collective or governmental ownership and administration of the means of production and distribution of goods; and
 (2)a system of society or group living in which there is no private property; Whereas socialism and the policies advocated by self-described democratic socialists have an underlying historical connection to the Marxist theory;
 Whereas history has witnessed countless failed Marxist-inspired regimes; Whereas, because of the perverse incentives and inherent flaws of the Marxist theory, socialism inevitably leads to societal rot, resulting in devastation, economic poverty, and destruction;
 Whereas prominent elected officials in the Senate and the House of Representatives are self-described socialists and espouse socialist proposals;
 Whereas socialist policies such as the Green New Deal and socialized medicine would— (1)eliminate the private property rights of all people of the United States; and
 (2)force taxpayers to pay trillions of dollars to implement;
 Whereas Alexis de Tocqueville wrote, Democracy and socialism have nothing in common but one word, equality. But notice the difference: while democracy seeks equality in liberty, socialism seeks equality in restraint and servitude.;
 Whereas Margaret Thatcher once stated, Socialist governments … always run out of other people’s money, and thus the way to prosperity is for the state to give the people more choice to spend their own money in their own way; Whereas free-market capitalism is the greatest engine for human advancement in the history of the world, bringing more people out of poverty and into prosperity than any economic model in the history of mankind;
 Whereas the United States is the single greatest country in the history of the world, due in large part to its system of government that secures the private property rights of all citizens through the genius of the Constitution of the United States; and
 Whereas, on February 5, 2019, in the State of the Union address, President Donald J. Trump declared—
 (1)We are alarmed by new calls to adopt socialism in our country; and (2)America will never be a socialist country: Now, therefore, be it

 That the Senate— (1)acknowledges that Marxism and socialism are failed ideologies;
 (2)recognizes that socialism poses a significant threat to the freedom, liberty, and economic prosperity of all countries and people around the world;
 (3)accepts that socialism is a failed experiment of governance that inevitably ends in misery and suffering;
 (4)declares that, throughout the history, tradition, and national civic spirit of the United States, the United States has been a beacon of light shining like a lighthouse to the rest of the world, demonstrating that freedom and liberty are the surest foundation of government; and
 (5)affirms that the United States should never be a socialist country.


113 S1993 IS: Veterans Care Financial Protection Act of 2014
U.S. Senate
2014-02-04
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.

II113th CONGRESS2d SessionS. 1993IN THE SENATE OF THE UNITED STATESFebruary 4, 2014Ms. Warren (for herself and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo protect individuals who are eligible for increased pension under laws administered by the
			 Secretary of Veterans Affairs on the basis of need of regular aid and
			 attendance from dishonest, predatory, or otherwise unlawful practices, and
			 for other purposes.1.Short titleThis Act may be cited as the Veterans Care Financial Protection Act of 2014.2.Protection of individuals eligible for increased pension under laws administered by Secretary of
			 Veterans Affairs on basis of need for regular aid and attendance(a)Development and implementation of standards(1)In generalThe Secretary of Veterans Affairs shall work with the heads of Federal agencies, States, and such
			 experts as the Secretary considers appropriate to develop and implement
			 Federal and State standards that protect individuals from dishonest,
			 predatory, or otherwise unlawful practices relating to increased pension
			 available to such individuals under chapter 15 of title 38, United States
			 Code, on the basis of need for regular aid and attendance.(2)Submittal to CongressNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to
			 the Committee on Veterans' Affairs of the Senate and the Committee on
			 Veterans' Affairs of the House of Representatives the standards developed
			 under paragraph (1).(b)Conditional recommendation by Comptroller GeneralIf the Secretary does not, on or before the date that is 180 days after the date of the enactment
			 of this Act, submit to the Committee on Veterans' Affairs of the Senate
			 and the Committee on Veterans' Affairs of the House of Representatives
			 standards that are developed under subsection (a)(1), the Comptroller
			 General of the United States shall, not later than the date that is one
			 year
			 after the date of the enactment of this Act, submit to such committees a
			 report containing standards that the Comptroller General determines are
			 standards that would be effective in protecting individuals as described
			 in such subsection.(c)Study by Comptroller GeneralNot later than 540 days after the date of the enactment of this Act, the Comptroller General of the
			 United States shall complete a study on standards implemented under this
			 section to protect individuals as described in subsection (a)(1) and
			 submit to the Committee on Veterans' Affairs of the Senate and the
			 Committee on Veterans' Affairs of the House of Representatives a report
			 containing the findings of the Comptroller General with respect to such
			 study.


114 HRES 850 IH: Recognizing suicide as a public health problem and expressing support for designation of September as “National Suicide Prevention Month”.
U.S. House of Representatives
2016-09-08
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.

IV114th CONGRESS2d SessionH. RES. 850IN THE HOUSE OF REPRESENTATIVESSeptember 8, 2016Mr. Murphy of Pennsylvania (for himself, Mr. Blumenauer, Mr. Thompson of Pennsylvania, Mrs. Black, Mr. Walden, Mr. Young of Iowa, Mr. Curbelo of Florida, Mr. Costello of Pennsylvania, Mr. Barletta, Mr. Kinzinger of Illinois, Mr. Gibson, Ms. Clarke of New York, Mr. Deutch, Ms. Eddie Bernice Johnson of Texas, Ms. Matsui, Ms. Bonamici, Mr. Levin, Mr. Ryan of Ohio, Ms. Norton, Mr. Grijalva, Mr. DeSantis, Mr. McDermott, Mr. Kelly of Pennsylvania, Mr. Knight, Ms. Ros-Lehtinen, Mr. Shuster, Mr. Johnson of Ohio, Mr. Fitzpatrick, Mr. DeSaulnier, Mrs. Noem, Mr. Rothfus, Mr. Emmer of Minnesota, and Mr. Katko) submitted the following resolution; which was referred to the Committee on Energy and CommerceRESOLUTIONRecognizing suicide as a public health problem and expressing support for designation of September
			 as National Suicide Prevention Month.

 Whereas suicide is the 10th leading cause of death in the United States and the second leading cause of death among individuals between the ages of 10 to 34;
 Whereas according to the Centers for Disease Control and Prevention (CDC), one person completes suicide every 12.3 minutes, resulting in nearly 43,000 suicides each year in the United States;
 Whereas suicide is the only leading cause of death in the United States that has increased every year for the past decade;
 Whereas it is estimated that there are over 1,100,000 suicide attempts each year; Whereas over 90 percent of the people who die by suicide have a diagnosable and treatable mental health condition, although often that condition is not recognized or treated;
 Whereas according to the CDC, suicide results in an estimated $44,600,000,000 in combined medical and work loss costs nationally;
 Whereas the stigma associated with mental health conditions and suicidality works against suicide prevention by discouraging persons at risk for suicide from seeking life-saving help and further traumatizes survivors of suicide loss and people with lived experience of suicide; and
 Whereas September would be an appropriate month to designate as National Suicide Prevention Month which overlaps World Suicide Prevention Day, September 10, recognized internationally and supported by the World Health Organization: Now, therefore, be it

 That the House of Representatives— (1)recognizes suicide as a preventable national and State public health problem;
 (2)supports the designation of National Suicide Prevention Month; (3)supports declaring that suicide prevention should be a priority;
 (4)acknowledges that no single suicide prevention program or effort will be appropriate for all populations or communities;
 (5)promotes awareness that there is no single cause for suicide, and that suicide most often occurs when stressors exceed current coping abilities of someone suffering from a mental health condition; and
 (6)develops and implements strategies to increase access to quality mental health, substance abuse, and suicide prevention services.


115 HRES 310 IH: Expressing support for the designation of May as “National Bladder Cancer Awareness Month”.
U.S. House of Representatives
2017-05-03
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.

IV115th CONGRESS1st SessionH. RES. 310IN THE HOUSE OF REPRESENTATIVESMay 3, 2017Mr. Cartwright (for himself, Mr. Delaney, Mr. Gallego, Ms. Jackson Lee, Mr. McGovern, Ms. Norton, Ms. Speier, and Mr. Yarmuth) submitted the following resolution; which was referred to the Committee on Energy and CommerceRESOLUTIONExpressing support for the designation of May as National Bladder Cancer Awareness Month.

 Whereas more than 500,000 families in the United States live with bladder cancer; Whereas more than 79,000 people are expected to be diagnosed with bladder cancer and over 16,000 will die due to the disease in 2017 alone;
 Whereas bladder cancer affects people of all ages and backgrounds and is among the top 10 cancers with the highest incidence rates in the United States;
 Whereas bladder cancer is known as one of the most expensive cancers to treat on a per patient basis with a recurrence rate of approximately 50 to 80 percent, requiring lifelong surveillance;
 Whereas bladder cancer symptoms, such as blood in the urine, are easily recognized, however, many are unaware of the threat of bladder cancer, often prolonging time to diagnosis;
 Whereas if diagnosed early, bladder cancer is treatable; Whereas military veterans are twice as likely as non-veterans to be diagnosed with bladder cancer;
 Whereas women are often diagnosed at a later stage in the development of bladder cancer, and when diagnosed at the same stage as men, women have a worse prognosis;
 Whereas if diagnosis and treatment are delayed, the life expectancy of an individual with bladder cancer decreases;
 Whereas the quality of life of a person with bladder cancer will depend on future treatment and diagnosis developments, which will rely on research advancements;
 Whereas there have been no new treatments developed for bladder cancer in more than 20 years; Whereas research advancements for bladder cancer are limited by lack of awareness about the disease within the medical community and general public;
 Whereas increased awareness will promote early diagnosis and increase chances of survival; Whereas increased awareness will bolster public support of the disease and thus increase funding for innovative research and the development of new treatment options and diagnostic tools;
 Whereas traditionally, on the first Saturday in May, survivors, caregivers, and loved ones walk together throughout the United States to raise awareness of bladder cancer;
 Whereas the Bladder Cancer Advocacy Network and its community of patients, caregivers, and specialists seek to foster a community of hope and support, fund and conduct research for innovative treatments and diagnostic tools, and increase public awareness and understanding of bladder cancer; and
 Whereas May would be an appropriate month to designate as National Bladder Cancer Awareness Month: Now, therefore, be it  That the House of Representatives—
 (1)supports the designation of National Bladder Cancer Awareness Month; (2)supports the goals and ideals of National Bladder Cancer Awareness Month; and
 (3)calls on the people of the United States, interested groups, and affected persons to— (A)promote awareness of bladder cancer and to foster understanding of the impact of the disease on patients and their families and caregivers;
 (B)take an active role in the fight to end bladder cancer; and (C)observe National Bladder Cancer Awareness Month with appropriate ceremonies and activities.


 HR 2210 ENR: To designate the community living center of the Department of Veterans Affairs in Butler Township, Butler County, Pennsylvania, as the “Sergeant Joseph George Kusick VA Community Living Center”.
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 Fifteenth Congress of the United States of AmericaAt the First SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and seventeen
H. R. 2210

AN ACT
To designate the community living center of the Department of Veterans Affairs in Butler Township, Butler County, Pennsylvania, as the Sergeant Joseph George Kusick VA Community Living Center.

1.FindingsCongress finds the following: (1)Sergeant Joseph George Kusick of Bruin, Pennsylvania, was assigned to the command and control detachment of the 5th Special Forces Group (Airborne) of the Army during the Vietnam War.
(2)On November 8, 1967, Kusick distinguished himself by exceptionally valorous actions while serving as a radio operator of a special forces reconnaissance team on a combat mission deep in hostile territory.  (3)During an enemy ambush, Kusick, though seriously wounded, refused aid and radioed the forward air controller to advise him of the critical situation.
(4)While the team leader led a withdrawal to a landing zone, Kusick maintained contact with the controller and requested emergency extraction.  (5)Realizing the importance of having a radio operator on the ground to direct landings, Kusick refused evacuation by the first helicopter.
(6)After the second helicopter was shot down, and in the midst of enemy fire, Kusick continued to maintain radio contact and called for a hoist extraction of the men still remaining on the ground.  (7)The last helicopter, which Kusick boarded, was shot down by intense Viet Cong fire and crashed in flames, resulting in Kusick’s death.
(8)On December 22, 1967, Kusick was posthumously awarded the Silver Star Medal for gallantry in action.  (9)The citation to accompany the award of the Silver Star Medal stated that Kusick’s gallantry in action, at the cost of his life, was in keeping with the highest traditions of the military service and reflects great credit upon himself, his unit, and the United States Army.
2.Sergeant Joseph George Kusick VA Community Living Center
(a)DesignationThe community living center of the Department of Veterans Affairs in Butler Township, Butler County, Pennsylvania, shall after the date of the enactment of this Act be known and designated as the “Sergeant Joseph George Kusick VA Community Living Center”.  (b)ReferencesAny reference in any law, regulation, map, document, paper, or other record of the United States to the community living center referred to in subsection (a) shall be deemed to be a reference to the “Sergeant Joseph George Kusick VA Community Living Center”.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


115 HR 5195 IH: National Security Diversity and Inclusion Workforce Act of 2018
U.S. House of Representatives
2018-03-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 5195IN THE HOUSE OF REPRESENTATIVESMarch 7, 2018Ms. Ros-Lehtinen (for herself and Mr. Connolly) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Armed Services, Intelligence (Permanent Select), the Judiciary, Homeland Security, Agriculture, and Financial Services, 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 improve diversity and inclusion in the workforce of national security agencies, and for other
			 purposes.

 1.Short titleThis Act may be cited as the National Security Diversity and Inclusion Workforce Act of 2018. 2.FindingsCongress finds the following:
 (1)The greatest national asset of the United States in protecting the homeland and advancing the interests of the United States abroad is the talent and diversity of the national security workforce.
 (2)The United States has made important progress toward harnessing the extraordinary range of backgrounds, cultures, perspectives, skills, and experiences of the population of the United States toward keeping the United States safe and strong.
 (3)The 2015 National Security Strategy recognized that the diversity of the national security workforce of the United States is a strategic asset that enhances the ability of the United States to lead on the global stage.
 (4)In March 2011, the Military Leadership Diversity Commission demonstrated that minorities and women are still underrepresented among the top leadership of the Armed Forces, as compared with the members they lead.
 (5)Although African Americans, Latinos or Hispanics, Native Americans, and Asians represent 34 percent of the workforce of the United States, in 2016, only 10 and 13 percent, respectively, of the senior positions in the civil service and the Foreign Service at the Department of State were occupied by members of these groups.
 (6)As of 2015, African Americans, Latinos or Hispanics, Native Americans, and Asians represented only 22 percent of the officer corps of the Armed Forces, far less than the enlisted forces they lead, 40 percent of the members of which are from these groups.
 (7)In the intelligence community, African Americans, Latinos or Hispanics, Native Americans, and Asians represented 24 percent of the employees, but only 11 percent of the senior positions.
 (8)The percentages of Latinos or Hispanics as part of the overall Federal workforce and in senior positions in the Federal workforce are even lower, at 8 percent and 4 percent, respectively, as compared to the general population of the United States, which is 17 percent Latino or Hispanic.
 (9)Latinos or Hispanics represented only a fraction of the senior positions at the Department of State, 3 percent and 5 percent, respectively, for positions in the civil service and Foreign Service, only 1 percent for the officer corps of the Armed Forces, and 3 percent for senior positions in the intelligence community.
 (10)With regard to gender diversity, of the individuals in senior positions in the civil service or the Foreign Service at the Department of State 39 percent and 31 percent are female, respectively. For the Department of Defense, 24 percent of the individuals in senior civilian positions are female, of the senior grades of the Armed Forces, 8 percent of the officers are female, and 12 percent of enlisted members of the Armed Forces are females. Of the individuals in senior positions in the intelligence community, 29 percent are female, compared to the overall Federal workforce, which is 33.7 percent female.
 (11)In concert with the findings of the Military Leadership Diversity Commission, the amendments made by section 519 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1721) mandated that the Armed Forces develop and implement a plan to accurately measure the efforts of the Department of Defense and Coast Guard to achieve a dynamic, sustainable level of members of the armed forces (including reserve components) that, among both commissioned officers and senior enlisted personnel of each armed force, will reflect the diverse population of the United States eligible to serve in the armed forces, including gender specific, racial, and ethnic populations..
 (12)The amendments made by section 1011 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3643) called on the intelligence community to prescribe personnel policies and programs that ensure its personnel are sufficiently diverse for purposes of the collection and analysis of intelligence through the recruitment and training of women, minorities, and individuals with diverse ethnic, cultural, and linguistic backgrounds.
 (13)The Department of State Authorities Act, Fiscal Year 2017 (Public Law 114–323), urges the State Department to promote a diverse representation among mid- and senior-level career professionals and section 101 of the Foreign Service Act of 1980 (22 U.S.C. 3901) urges the Department of State to develop policies to encourage the entry into and advancement in the Foreign Service by persons from all segments of American society.
 3.Statement of policyIt is the policy of the United States that— (1)in order to protect the homeland and advance the interests of the United States abroad, national security agencies of the Federal Government must have a workforce that reflects the rich composition and talent of its citizenry;
 (2)the skills, knowledge, perspectives, ideas, and experiences of all of the members of the workforce of national security agencies contribute to the vitality and success of their national security mission;
 (3)promoting diversity and inclusion within the national security workforce must be a joint effort and requires engagement by senior leadership, managers, and the entire workforce, as well as effective collaboration among those responsible for human resources, equal employment opportunity, and diversity and inclusion issues; and
 (4)as the United States becomes more diverse and the challenges it faces more complex, the United States must continue to invest in policies to recruit, retain, and develop the best and brightest from all segments of the population of the United States.
 4.DefinitionsIn this Act: (1)Applicant flow dataThe term applicant flow data means data that tracks the rate of applications for job positions among demographic categories.
 (2)Appropriate congressional committeesThe term appropriate congressional committees means— (A)the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
 (B)the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
 (3)DiversityThe term diversity means diversity of persons based on gender, race, ethnicity, disability status, veteran status, sexual orientation, gender identity, national origin, and other demographic categories.
 (4)Foreign ServiceThe term Foreign Service has the meaning given that term in section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902).
 (5)Intelligence communityThe term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
 (6)National security agencyThe term national security agency means— (A)the Department of State;
 (B)the United States Agency for International Development; (C)the Department of Defense;
 (D)the Armed Forces; (E)each element of the intelligence community;
 (F)the Office of International Affairs and the Office of Critical Infrastructure Protection of the Department of the Treasury;
 (G)the National Security Division of the Department of Justice and the Federal Bureau of Investigation;
 (H)the Department of Homeland Security; (I)the Foreign Agricultural Service of the Department of Agriculture; and
 (J)any other Federal agency that is primarily engaged in diplomacy, development, defense, intelligence, law enforcement, or homeland security.
 (7)Member of the Foreign ServiceThe term member of the Foreign Service means a member of the Foreign Service described in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903).
 (8)WorkforceThe term workforce means an individual serving in a position— (A)in the civil service (as defined in section 2101 of title 5, United States Code);
 (B)as a member of the Foreign Service; or (C)as an officer or enlisted member of an armed force.
				5.Collection, analysis, and dissemination of workforce data
			(a)Initial reporting
 (1)In generalNot later than 180 days after the date of enactment of this Act, and subject to paragraph (3), the head of each national security agency shall make available to the public, the appropriate congressional committees, and the workforce of the national security agency a report which includes aggregate demographic data and other information regarding the diversity and inclusion efforts of the workforce of the national security agency.
 (2)ContentsA report made available under paragraph (1)— (A)shall include unclassified reports and barrier analyses relating to diversity and inclusion efforts;
 (B)shall include aggregate demographic data— (i)by segment of the workforce of the national security agency and grade or rank;
 (ii)relating to attrition and promotion rates; (iii)that addresses the compliance of the national security agency with validated inclusion metrics, such as the New Inclusion Quotient index score; and
 (iv)that provides demographic comparisons to the relevant nongovernmental labor force and the relevant civilian labor force;
 (C)shall include an analysis of applicant flow data, including the percentage and level of positions for which data are collected, and a discussion of any resulting policy changes or recommendations;
 (D)shall include demographic data relating to participants in professional development programs of the national security agency and the rate of placement into senior positions for participants in such programs;
 (E)shall include any voluntarily collected demographic data relating to the membership of any external advisory committee or board to which individuals in senior positions in the national security agency appoint members; and
 (F)may include data in proportions or percentages to account for concerns relating to the protection of classified information.
 (3)Intelligence communityThe elements of the intelligence community may make available a single report with respect to the diversity and inclusion efforts of the workforce of the elements of the intelligence community under this subsection.
 (b)UpdatesAfter making available a report under subsection (a), the head of each national security agency shall annually provide a report (which may be provided as part of an annual report required under another provision of law) to the workforce of the national security agency (including senior leadership), the public, and the appropriate congressional committees that includes—
 (1)demographic data and information on the status of diversity and inclusion efforts of the national security agency;
 (2)an analysis of applicant flow data, including the percentage and level of positions for which data are collected, and a discussion of any resulting policy changes or recommendations; and
 (3)demographic data relating to participants in professional development programs of the national security agency and the rate of placement into senior positions for participants in such programs.
				(c)Expand the collection and analysis of voluntary applicant flow data
 (1)In generalThe head of each national security agency shall develop a system to collect and analyze applicant flow data for as many positions within the national security agency as practicable, in order to identify areas for improvement in attracting diverse talent, with particular attention to senior and management positions.
 (2)Phased implementationThe collection of applicant flow data may be implemented by the head of a national security agency in a phased approach commensurate with the resources available to the national security agency.
				(d)Identify additional categories for voluntary data collection of current employees
 (1)In generalThe head of each national security agency may submit to the Office of Management and Budget and to the appropriate congressional committees the recommendation of the head regarding whether the national security agency should voluntarily collect more detailed data on demographic categories in addition to the race and ethnicity categories specified in the statistical policy directive issued by the Office of Management and Budget entitled Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity.
 (2)ProcessIn making a recommendation under paragraph (1), the head of a national security agency shall— (A)engage in close consultation with internal stakeholders, such as employee resource or affinity groups;
 (B)ensure that there is clear communication with the workforce of the national security agency— (i)to explain the purpose of the potential collection of such data; and
 (ii)regarding legal protections relating to any anticipated use of such data; and (C)ensure adherence to relevant standards and guidance issued by the Federal Government.
					6.Professional development opportunities and tools
			(a)Conduct stay and exit interviews or surveys
 (1)Retained membersEach national security agency shall conduct periodic interviews with a representative cross-section of the members of the workforce of the national security agency to—
 (A)understand the reasons of the members for remaining in a position in the national security agency; and
 (B)receive feedback on workplace policies, professional development opportunities, and other issues affecting the decision of the members to remain.
 (2)Departing membersEach national security agency shall provide an opportunity for an exit interview or survey to each member of the workforce of the national security agency who separates from service with the national security agency, to understand better the reasons of the member for leaving.
 (3)Use of analysis from interviews and surveysEach national security agency shall analyze and use information obtained through interviews and surveys under paragraphs (1) and (2), including to evaluate—
 (A)if and how the results of the interviews differ by gender, race, national origin, sexual orientation, gender identity, disability status, and other demographic categories; and
 (B)whether to implement any policy changes or make any recommendations as part of a report required under section 5.
					(b)Expand provision of professional development and career advancement opportunities
 (1)In generalEach national security agency is authorized to expand professional development opportunities that support the mission needs of the national security agency, such as—
 (A)academic programs; (B)private-public exchanges; and
 (C)detail assignments to relevant positions in— (i)private or international organizations;
 (ii)State, local, and tribal governments; (iii)other branches of the Federal Government; or
 (iv)professional schools of international affairs. (2)Training for senior positions (A)In generalEach national security agency shall offer, or sponsor members of the workforce of the national security agency to participate in, a Senior Executive Service candidate development program or other program that trains members of the workforce of the national security agency on the skills required for appointment to senior positions in the national security agency.
 (B)RequirementsIn determining which members of the workforce of the national security agency are granted professional development or career advancement opportunities, a national security agency shall—
 (i)ensure any program offered or sponsored by the national security agency under subparagraph (A) comports with the requirements of subpart C of part 412 of title 5, Code of Federal Regulations, or any successor thereto, including merit staffing and assessment requirements;
 (ii)consider the number of expected vacancies in senior positions as a factor in determining the number of candidates to select for such programs;
 (iii)understand how participation in any program offered or sponsored by the national security agency under subparagraph (A) differs by gender, race, national origin, sexual orientation, gender identity, disability status, and other demographic categories; and
 (iv)actively encourage participation from a range of demographic categories, especially from categories with consistently low participation.
 (3)Tracking dataEach national security agency shall— (A)track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs; and
 (B)evaluate such data on an annual basis to look for ways to improve outreach and recruitment for such programs consistent with merit system principles.
					(c)Assignment restrictions
 (1)In generalEach national security agency that places assignment restrictions on members of the workforce of the national security agency or otherwise prohibits certain geographic assignments due to a security determination shall ensure a review process exists for such a restriction or prohibition that is consistent with part 147 of title 32, Code of Federal Regulations (relating to adjudicative guidelines for determining eligibility for access to classified information), or any successor thereto, and any applicable counterintelligence considerations.
 (2)NoticeEach national security agency shall ensure that members of the workforce of the national security agency affected by a restriction or prohibition described in paragraph (1) are informed of the right to seek review and the process for doing so.
				7.Leadership engagement and accountability
			(a)Reward and recognize efforts To promote diversity and inclusion
 (1)In generalEach national security agency shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the national security agency in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities.
 (2)Outreach eventsEach national security agency shall create opportunities for individuals in senior positions and supervisors in the national security agency to participate in outreach events and to discuss issues relating to diversity and inclusion with the workforce on a regular basis, including with employee resource groups.
 (b)Collect and disseminate voluntary demographic data of external advisory committees and boardsEach national security agency that has an external advisory committee or board to which individuals in senior positions in the national security agency appoint members is strongly encouraged by Congress to—
 (1)collect voluntary demographic data from the members of committee or board; and (2)ensure the external advisory committee or board is developed, reviewed, and carried out by teams that represent the diversity of the organization.
				(c)Expand training on bias, inclusion, and flexible work policies
 (1)In generalEach national security agency shall— (A)expand the provision of training on bias, including implicit or unconscious bias, micro-inequities, inclusion, and flexible work policies to the workforce of the national security agency; and
 (B)make micro-inequities and bias training, including on implicit or unconscious bias, mandatory for— (i)individuals in senior positions in the national security agency;
 (ii)other individuals holding management positions in the national security agency; and (iii)individuals in positions at the national security agency having responsibilities relating to outreach, recruitment, hiring, career development, promotion, or security clearance adjudication.
 (2)Phased implementationThe provision of training required under paragraph (1) may be implemented in a phased approach commensurate with the resources of the national security agency.
 (3)Low inclusion scoresEach national security agency shall make available training on implicit or unconscious bias for members of the workforce of a bureau, directorate, division, office, or other component of the national security agency the inclusion scores of which, such as those measured by the New Inclusion Quotient index score, rank below the average for the national security agency for a period of 3 years or longer.
 (4)Best practicesEach national security agency shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection, including best practices relating to addressing the intersection between certain demographics and job positions.
				8.Recruitment
 (a)In generalEach national security agency should— (1)continue to seek a diverse and talented pool of applicants;
 (2)have diversity recruitment as a goal of the human resources department or equivalent entity, with outreach at appropriate colleges, universities, and diversity organizations and professional associations; and
 (3)intensify, identify, and build relationships with qualified potential minority candidates. (b)ScopeThe diversity recruitment initiatives described in subsection (a) should include—
 (1)recruiting at historically Black colleges and universities, Hispanic-serving institutions, women’s colleges, and colleges that typically serve majority minority populations;
 (2)sponsoring and recruiting at job fairs in urban communities; (3)placing job advertisements in newspapers, magazines, and job sites oriented toward diverse groups;
 (4)providing opportunities through highly respected, international leadership programs, that focus on diversity recruitment and retention; and
 (5)cultivating partnerships with organizations dedicated to the advancement of the profession of international affairs and national security to advance shared diversity goals.
				9.General provisions
 (a)Rule of constructionNothing in this Act shall be construed to impair or otherwise affect— (1)the authority granted by law to an executive department, agency, or the head thereof, or the status of that executive department or agency within the Federal Government; or
 (2)the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
 (b)ImplementationThis Act shall be implemented consistent with applicable law. (c)No private right of actionThis Act is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.


		One Hundred Twelfth Congress of the United States of
		  America
		2d SessionBegun and held at the City of Washington on Tuesday, the third
		day of January, two thousand and twelve
		S. 3642
		IN THE SENATE OF THE UNITED
		  STATES
		AN ACT
		To clarify the scope of the Economic
		  Espionage Act of 1996.

		1.Short titleThis Act may be cited as the
			 Theft of Trade Secrets Clarification
			 Act of 2012.
		2.AmendmentSection 1832(a) of title 18, United States
			 Code, is amended in the matter preceding paragraph (1), by striking or
			 included in a product that is produced for or placed in and inserting
			 a product or service used in or intended for use in.

			Speaker of the House of Representatives

			Vice President of the United States and President of the
			 Senate