116 S4360 IS: Counseling Not Criminalization in Schools Act
U.S. Senate
2020-07-29
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.

II116th CONGRESS2d SessionS. 4360IN THE SENATE OF THE UNITED STATESJuly 29, 2020Mr. Murphy (for himself and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo divert Federal funding away from supporting the presence of police in schools and toward evidence-based and trauma informed services that address the needs of marginalized students and improve academic outcomes, and for other purposes. 1.Short titleThis Act may be cited as the Counseling Not Criminalization in Schools Act.2.FindingsCongress finds the following:(1)Over the last 50 years, our Nation’s schools have become sites for increased criminalization and surveillance of young people, particularly Black, Native American, and Latinx students, immigrant students, students with disabilities, LGBTQ+ students, students experiencing homelessness, students involved in the foster care system, and other historically marginalized students.(2)Despite significant decreases in the rate of serious crimes and violence on school campuses over the past 20 years, improving upon already low rates, 67 percent of high school students, 45 percent of middle school students, and 19 percent of elementary school students attend a school with a police officer.(3)Since 1999, the Federal Government has invested more than $1,000,000,000 to subsidize the placement of police in schools, resulting in roughly 46,000 school resource officers patrolling the halls of elementary and secondary public schools across the Nation.(4)A growing body of research has not found any evidence that school resource officers make schools safer, and school resource officers have been shown to increase the likelihood that children will be arrested, often by the school resource officer while on campus.(5)Research has shown that schools with a designated school law enforcement officer on duty arrested students at 5 times the rate of comparable schools without such an officer. (6)When police are present in schools, students of color face an increased risk of being assaulted by police. Student-recorded videos of police violence in schools regularly circulate through news channels, articles, and social media, exposing violence perpetrated by police within schoolhouse gates.(7)Black, Native American, and Latinx students are more likely than their White peers to attend schools with police officers on campus and are more likely to be referred to law enforcement or arrested while in school.(8)Black students represent 31 percent of all school-related arrests, despite making up only 15 percent of all public school students, and are 3 times more likely to be suspended or expelled than White students. Native American and Pacific Islander and Native Hawaiian students are more than twice as likely to be arrested as White students. (9)Students with disabilities are more likely than their peers without disabilities to be referred to law enforcement or arrested. Students of color with disabilities are more likely to be referred to law enforcement than either their White peers with disabilities, or their peers of color without disabilities. These students are also disproportionately restrained and secluded in schools. Of the 87,000 students who were restrained during the 2015–2016 school year, 71 percent received special education services and 27 percent of students restrained were Black. (10)According to the Department of Education, while Black girls comprise only 16 percent of girls in elementary and secondary schools, they make up 42 percent of girls receiving the most severe forms of school discipline and severe punishment, such as corporal punishment, and represent 34 percent of girls arrested on campus.(11)Research shows that these racial disparities in discipline rates are not a result of differences in student behavior but instead reflect the ways in which students of color face more punitive discipline than their White peers for similar behavior.(12)Students who are LGBTQ+ often have intersecting marginalized identities and experience exclusionary discipline at disproportionate rates that make it more likely they will interact with the juvenile justice system than their non-LGBTQ+ peers. (13)Students who are suspended or expelled are nearly threefold more likely to be in contact with the juvenile justice system the following year.(14)According to the Federal Bureau of Investigation, more than 30,000 children under the age of 10 were arrested since 2013. On school campuses, more than 290,000 students were referred to law enforcement. The United States spends $240 daily, on average, per youth detained in juvenile facilities.(15)While schools should be sanctuaries for all students, reports have shown instances where school resource officers collect tips and disciplinary information from teachers and school administrators and share it with U.S. Immigration and Customs Enforcement agents to build deportation cases against students and their families.(16)School hardening, including the presence of school resource officers on campus, causes students to experience higher levels of fear, perpetuate the school to prison pipeline, and undermine the ability of schools and educators to build learning environments undergirded by mutual trust, respect, and safety.(17)Ninety percent of students are in public schools where the number of counselors, social workers, nurses, and psychologists do not meet recommended professional standards. Professional standards recommend at least 1 counselor and 1 social worker for every 250 students and at least 1 nurse and 1 psychologist for every 750 students and every 700 students, respectively. (18)1,700,000 students attend schools with police but not 1 counselor.(19)3,000,000 students attend schools with police but not 1 school nurse.(20)6,000,000 students attend schools with police but no school psychologists.(21)10,000,000 students attend schools with police but no social workers.3.PurposeIt is the purpose of this Act to—(1)address the needs of marginalized students, ensure schools are welcoming for students, and improve academic outcomes by eliminating Federal funding for school-based law enforcement and establishing a continuum of care and positive schoolwide systems of services that are evidence-based, inclusive, racially and gender responsive, and trauma informed; and (2)support local educational agencies that choose to terminate their contracts with local law enforcement agencies or, where applicable, dissolve or disband district-based police departments, and invest resources in personnel and services that create truly safe and inclusive schools for all students based on community engagement and deliberative consultation. 4.DefinitionsIn this Act:(1)ESEA termsThe terms elementary school, evidence-based, local educational agency, parent, professional development, school leader, secondary school, Secretary, and specialized instructional support personnel have the meaning given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).(2)Positive behavior intervention and supportThe term positive behavior intervention and support means using a systematic and evidence-based approach to achieve improved academic and social outcomes for students. (3)Sworn law enforcement officerThe term sworn law enforcement officer means any person who—(A)has the power to detain, arrest, issue a citation, perform a custodial investigation, or refer a person to criminal or juvenile court; or (B)is considered under State law to meet the definition of law enforcement. (4)Trauma-informed servicesThe term trauma-informed services means a service delivery approach that—(A)recognizes and responds to the impacts of trauma with evidence-based supports and intervention;(B)emphasizes physical, psychological, and emotional safety for both providers of services and survivors of trauma; and (C)creates opportunities for survivors of trauma to rebuild a sense of healing and empowerment. 5.Prohibition of Federal funds for police in schools(a)Federal funds prohibitionNotwithstanding the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.), including subpart 1 of part E of title I of that Act (34 U.S.C. 10151 et seq.) (relating to the Edward Byrne Memorial Justice Assistance Grant Program) and part Q of title I of that Act (34 U.S.C. 13081 et seq.) (relating to the Cops on the Beat grant program), or any other provision of law, no Federal funds may be appropriated or used for hiring, maintaining, or training sworn law enforcement officers to be used or employed in elementary or secondary schools, preschools, or programs based in elementary or secondary schools in any capacity.(b)COPS grant programSection 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended—(1)in subsection (b)—(A)by striking paragraph (12);(B)by redesignating paragraphs (13) through (23) as paragraphs (12) through (22), respectively; and(C)in paragraph (21), as so redesignated, by striking through (21) and inserting through (20); and(2)by adding at the end the following:(n)Prohibition on use of funds for sworn law enforcement officersA recipient of a grant under this part may not use the grant funds for sworn law enforcement officers who operate in and around elementary and secondary schools..6.Supporting local educational agencies in transitioning away from police in schools(a)Grant program establishedThe Secretary of Education shall award grants, on a competitive and rolling basis, to local educational agencies to enable those local educational agencies—(1)to replace sworn law enforcement officers in elementary and secondary schools with personnel and services that support mental health and trauma-informed services; and(2)to reform school safety and disciplinary policies so they reflect evidence-based practices that do not rely on the criminal justice system and provide the necessary staff training and support to implement such policies.(b)ApplicationA local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including an assurance that—(1)the local educational agency will terminate any existing contract with local law enforcement or, where applicable, dissolve school district-based police departments, at least 30 days prior to the entity receiving funds under this section; and(2)the local educational agency will not establish any new contract with law enforcement or create its own school police department for the duration of the grant.(c)PriorityIn awarding grants under this section, the Secretary shall give priority to—(1)local educational agencies that terminated their contract with all law enforcement or disbanded their school district police department prior to submitting an application and provide assurances that the local educational agency will not create or restart a contract with State or local law enforcement, create or reinstate a school district police department, or create or restart a program of other armed school personnel during the duration of this grant;(2)local educational agencies with a larger share of students who are economically disadvantaged, in the event that funds are insufficient to award grants to all eligible applicants; and(3)local educational agencies that identify the uses of funds in subsection (d) based on meaningful community engagement and deliberative consultation.(d)Uses of fundsA local educational agency receiving funds under this section shall use such grant funds to carry out 1 or more of the following:(1)Hiring or training school counselors, school psychologists, nurses, or social workers, community health workers and trauma-informed personnel, dedicated staff specifically trained in deescalation and violence interruption practices, staff trained in anti-bias practices, doctoral level specialists in behavior planning and intervention, or other specialists or individuals with expertise in school climate and behavior.(2)Implementing schoolwide positive behavior interventions and supports, restorative justice programs and interventions, mediators, social and emotional learning programs, or other evidence-based trauma-informed services. (3)Providing professional development to teachers, teacher assistants, school leaders, counselors, specialized instructional support personnel, and mental health professionals that—(A)fosters safe, inclusive, and stable learning environments that support the social, emotional, mental, and academic well-being of students and prevent and mitigate the effects of trauma, including through social and emotional learning;(B)improves school capacity to identify, refer, and provide services to students in need of trauma support services;(C)reflects the best practices for trauma-informed identification, referral, and support developed by the Interagency Task Force on Trauma-Informed Care; (D)reduces the number of students with disabilities experiencing school discipline for their disability-related behavior through specific training on the identification, development, and implementation of Behavior Intervention Plans (BIPs); and(E)reduces the number of Black, Latinx, Native American, and LGBTQ+ students who are disciplined for minor, age-appropriate behaviors that should be addressed through evidence-based, trauma-informed services and support.(e)ProhibitionNo portion of any grant funds awarded under this section may be used for—(1)the development, establishment, implementation, or enforcement of zero-tolerance school discipline policies, including the commission, contracting of, or agreements with law enforcement that support the presence of police in schools, including formal or informal partnerships or data and information sharing agreements with the Department of Justice or Secretary of Homeland Security, including U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection;(2)the purchase, maintenance, or installation of surveillance equipment, including metal detectors, facial recognition technology, or software programs that monitor or mine the social media use or technology use of students; or(3)arming teachers, principals, school leaders, or other school personnel. (f)Grant amountsThe amount of grant funds received under this section by a local educational agency shall be based on the number of students enrolled in the local educational agency. (g)ReportingEach local educational agency receiving a grant under this section shall prepare and submit a report to the Secretary containing information about—(1)how the grant funds were used; (2)the number of students who were arrested by or referred to sworn law enforcement officers in the previous year compared to the number arrested or referred during the term of the grant; (3)the reasons for arrests; and (4)demographic data of students arrested or referred to sworn law enforcement officers, disaggregated by race, ethnicity, age, gender, status as a child with a disability, and socioeconomic status. (h)Supplement not supplantA local educational agency shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the activities described in subsection (d), and not to supplant such funds.(i)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $2,500,000,000.


113 S2668 IS: Self Determination Contract Reporting Commitment to Tribes Act
U.S. Senate
2014-07-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS2d Session
		S. 2668
		IN THE SENATE OF THE UNITED STATES

			July 24, 2014
			Mr. Begich introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

		A BILL
		To amend the Indian Self-Determination and Education
		  Assistance Act to provide further self-governance by Indian tribes, and for
		  other purposes.

		1.Short titleThis Act may be cited as the Self Determination Contract Reporting Commitment to Tribes Act.2.Indian self-determination contract funding and indirect costsSection 106(c) of the Indian
			 Self-Determination and Education Assistance Act (25 U.S.C. 450j–1(c))
			 is
			 amended—(1)by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and
			 indenting appropriately;(2)in the first sentence, by striking Not later than and inserting the following:(1)In generalNot later than;(3)in the second sentence, by striking Such report and inserting the following:(2)InclusionsThe report; and(4)by adding at the end the following:(3)PresumptionFor any claim, appeal, or civil action brought pursuant to subsections	(a) and (d) of section 110
			 that is pending on the date of enactment of this paragraph, it shall be
			 presumed, in the absence of fraud or mathematical error, that the
			 deficiency amounts reported to Congress under paragraph (2)(B) accurately
			 reflect the minimum damages due any Indian tribe or tribal organization
			 filing the claim, appeal, or civil action.(4)Public availabilityNot later than	June 1 of each year, the report and accompanying data prepared under this
			 subsection for that year—(A)shall be made available to the public; and(B)shall not be subject to an exemption under section 552(b) of title 5, United States Code..


		II
		111th CONGRESS
		1st Session
		S. 1483
		IN THE SENATE OF THE UNITED STATES

			July 21, 2009
			Ms. Klobuchar introduced
			 the following bill; which was read twice and referred to the
			 Committee on Veterans'
			 Affairs

		A BILL
		To designate the Department of Veterans Affairs
		  outpatient clinic in Alexandria, Minnesota, as the Max J. Beilke
		  Department of Veterans Affairs Outpatient Clinic.

		1.Name of Department of
			 Veterans Affairs outpatient clinic, Alexandria, Minnesota
			(a)DesignationThe Department of Veterans Affairs
			 outpatient clinic in Alexandria, Minnesota, expected to open in September 2009,
			 shall after the date of the enactment of this Act be known and designated as
			 the Max J. Beilke Department of Veterans Affairs Outpatient
			 Clinic.
			(b)ReferencesAny reference in any law, regulation, map,
			 document, record, or other paper of the United States to the outpatient clinic
			 referred to in subsection (a) shall be considered to be a reference to the Max
			 J. Beilke Department of Veterans Affairs Outpatient Clinic.


		II
		112th CONGRESS
		2d Session
		S. 3385
		IN THE SENATE OF THE UNITED STATES

			July 16, 2012
			Mr. Baucus (for himself,
			 Mr. Bingaman, Mr. Tester, Mr.
			 Harkin, Mr. Udall of New
			 Mexico, Ms. Klobuchar,
			 Mr. Franken, Mr. Johnson of South Dakota, and
			 Mr. Conrad) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To authorize the Secretary of the Interior to use
		  designated funding to pay for construction of authorized rural water projects,
		  and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Authorized Rural Water Projects
			 Completion Act.
		2.DefinitionsIn this Act:
			(1)FundThe
			 term Fund means the Reclamation Rural Water Construction Fund
			 established by section 3(a).
			(2)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			3.Reclamation
			 rural water construction fund
			(a)EstablishmentThere
			 is established in the Treasury of the United States a fund, to be known as the
			 Reclamation Rural Water Construction Fund, consisting of—
				(1)such amounts as
			 are deposited in the Fund under subsection (b); and
				(2)any interest
			 earned on investment of amounts in the Fund under subsection (d).
				(b)Deposits to
			 fund
				(1)In
			 generalFor each of fiscal years 2013 through 2029, the Secretary
			 of the Treasury shall deposit in the Fund $80,000,000 of the revenues that
			 would otherwise be deposited for the fiscal year in the reclamation fund
			 established by the first section of the Act of June 17, 1902 (32 Stat. 388,
			 chapter 1093).
				(2)Availability of
			 amountsAmounts deposited in the Fund under paragraph (1)
			 shall—
					(A)be made available
			 in accordance with this section, without further appropriation; and
					(B)be in addition to
			 amounts appropriated for such purposes under any other provision of law.
					(3)LimitationNotwithstanding
			 paragraphs (1) and (2), no amounts may be deposited in, or made available from,
			 the Fund under those paragraphs if the transfer or availability of the amounts
			 would increase the deficit.
				(c)Expenditures
			 from fund
				(1)In
			 general
					(A)ExpendituresSubject
			 to subparagraph (B), for each of fiscal years 2013 through 2034, the Secretary
			 may expend from the Fund not more than the sum of—
						(i)$80,000,000;
			 and
						(ii)the amount of
			 interest accrued in the Fund for the fiscal year in which the expenditures are
			 made.
						(B)Additional
			 expendituresNotwithstanding subparagraph (A), the Secretary may
			 expend more than $80,000,000 for any fiscal year listed in subparagraph (A) if
			 such amounts are available in the Fund due to expenditures not reaching
			 $80,000,000 in 1 or more prior fiscal years.
					(2)Use
					(A)In
			 generalSubject to subparagraph (B), the Secretary may use
			 amounts from the Fund to complete construction of rural water projects—
						(i)authorized to be
			 carried out by the Secretary on or before the date of enactment of this Act;
			 or
						(ii)for
			 which—
							(I)pursuant to
			 section 106(e) of Rural Water Supply Act of 2006 (43 U.S.C. 2405(e)), the
			 Secretary has completed a feasibility report by September 30, 2012, that
			 recommends the construction of a rural water project; and
							(II)an Act of
			 Congress after the date of enactment of this Act has authorized the
			 construction of the project.
							(B)LimitationThe
			 Secretary may not use amounts from the Fund to pay for any operation and
			 maintenance costs of an authorized rural water project.
					(3)ConditionsThe
			 Secretary shall not expend any amounts from the Fund until the date on which
			 the Secretary develops—
					(A)programmatic
			 goals to carry out this section that—
						(i)would enable the
			 completion of construction of the authorized rural water projects as
			 expeditiously as possible; and
						(ii)reflect—
							(I)the goals and
			 priorities identified in the laws authorizing the authorized rural water
			 projects; and
							(II)the goals of the
			 Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.); and
							(B)funding
			 prioritization criteria to serve as a formula for distributing funds under this
			 section that take into account—
						(i)an
			 evaluation of the urgent and compelling need for potable water supplies in the
			 affected rural and tribal communities;
						(ii)the status of
			 the current stages of completion of the authorized rural water project;
						(iii)the financial
			 needs of the affected rural and tribal communities;
						(iv)the potential
			 economic benefits of the expenditures on job creation and general economic
			 development in the affected rural and tribal communities;
						(v)the
			 ability of the authorized rural water project to address regional and watershed
			 level water supply needs;
						(vi)the ability of
			 the authorized rural water project—
							(I)to minimize water
			 and energy consumption; and
							(II)to encourage the
			 development of renewable energy resources, such as wind, solar, and hydropower
			 elements;
							(vii)the need for
			 the authorized rural water project to address—
							(I)the needs of
			 Indian tribes and members of Indian tribes; and
							(II)other community
			 needs or interests; and
							(viii)such other
			 factors as the Secretary determines to be appropriate to prioritize the use of
			 available funds.
						(d)Investments of
			 amounts
				(1)In
			 generalThe Secretary shall invest such portion of the Fund as is
			 not, in the judgment of the Secretary, required to meet current
			 withdrawals.
				(2)Credits to
			 fundThe interest on, and the proceeds from the sale or
			 redemption of, any obligations held in the Fund shall be credited to, and form
			 a part of, the Fund.
				(e)Transfers of
			 amounts
				(1)In
			 generalThe amounts required to be transferred to the Fund under
			 this section shall be transferred at least monthly from the general fund of the
			 Treasury to the Fund on the basis of estimates made by the Secretary of the
			 Treasury.
				(2)AdjustmentsProper
			 adjustment shall be made in amounts subsequently transferred to the extent
			 prior estimates were in excess of or less than the amounts required to be
			 transferred.
				(f)TerminationOn September 30, 2034—
				(1)the Fund shall
			 terminate; and
				(2)the unexpended
			 and unobligated balance of the Fund shall be transferred to the reclamation
			 fund established by the first section of the Act of June 17, 1902 (32 Stat.
			 388, chapter 1093).


114 HR 739 IH: To permit members of the House of Representatives to donate used computer equipment to public elementary and secondary schools designated by the members.
U.S. House of Representatives
2015-02-04
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.

		I
		114th CONGRESS
		1st Session
		H. R. 739
		IN THE HOUSE OF REPRESENTATIVES

			February 4, 2015
			Mr. Serrano introduced the following bill; which was referred to the Committee on House Administration

		A BILL
		To permit members of the House of Representatives to donate used computer equipment to public
			 elementary and secondary schools designated by the members.

		1.Permitting members of the house of representatives to donate used computer equipment to public
			 schools
 (a)In GeneralSection 104(a)(3) of the Legislative Branch Appropriations Act, 1987 (as incorporated by reference in section 101(j) of Public Law 99–500 and Public Law 99–591) (2 U.S.C. 5540(3)) is amended to read as follows:

					(3)
 (A)At the request of a member of the House of Representatives, in the case of equipment consisting of computers and related peripheral tools previously used by the member, the Clerk may donate the equipment to a public elementary or secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) without regard to whether the donation meets the requirements of the second sentence of paragraph (2).
 (B)At the request of the member who previously used the equipment, if the Clerk donates equipment under this paragraph, the Clerk shall donate the equipment to a school designated by the member..
 (b)Effective DateThe amendments made by subsection (a) shall take effect June 1, 2015.


116 HR 5752 IH: Conveyance Capacity Correction Act
U.S. House of Representatives
2020-02-04
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.

I116th CONGRESS2d SessionH. R. 5752IN THE HOUSE OF REPRESENTATIVESFebruary 4, 2020Mr. Costa (for himself, Mr. Cox of California, and Mr. Harder of California) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo provide for restoration of the original carrying capacity of water conveyance facilities
			 impacted by land subsidence, and for other purposes.

 1.Short titleThis Act may be cited as the Conveyance Capacity Correction Act. 2.Conveyance capacity correction projects (a)In generalThe Secretary may provide funding to States and joint powers authorities for the initiation, acceleration, and completion of repairs to—
 (1)water conveyance facilities at transferred works located in a Reclamation State; or (2)water conveyance facilities that distribute irrigation water and untreated municipal water supplies from water storage facilities that are owned by the United States under the jurisdiction of the Bureau of Reclamation and operated by a State entity.
 (b)EligibilityA project eligible for funding under this section is a project where— (1)damage caused by land subsidence has resulted in the need to undertake non-recurring repairs on a conveyance facility that conveys water from an estuary to a joint powers authority or public water agency;
 (2)the Secretary has determined that the conveyance facilities have lost 10 percent or more of their designed carrying capacity along some portion of the facility; or
 (3)restoring carrying capacity of a conveyance facility would assist in meeting groundwater sustainability goals defined under State law.
 (c)Ineligible projectsOn-farm conveyance facilities and conveyance facilities that serve only one water district are not eligible for funding under this Act.
 (d)PriorityThe Secretary shall give funding priority to projects that— (1)are located in both—
 (A)a State that has been identified by the United States Drought Monitor as experiencing severe, extreme, or exceptional drought during some or all of at least 7 calendar years during the 10-year period ending immediately before such funds are made available; and
 (B)an area that has been identified by the United States Drought Monitor as experiencing exceptional drought during some or all of at least 4 calendar years during the 10-year period ending immediately before such funds are made available;
 (2)restore conveyance capacity lost as a result of subsidence; (3)have commenced an appraisal or feasibility level analysis in consultation with the Bureau of Reclamation or performed by a State; or
 (4)support water supply benefits, including through groundwater recharge, to disadvantaged communities.
				(e)Cost sharing
 (1)Federal shareThe Federal share of the cost of carrying out a project described in this section shall not be more than 50 percent.
 (2)Non-Federal shareThe non-Federal share of the cost of carrying out a project described in the section— (A)shall be not less than 50 percent; and
 (B)may be provided in cash or in kind. (f)SavingsFederal funds provided under this section shall be—
 (1)in addition to any and all Federal funds authorized by statute for such purposes; and (2)non-reimbursable.
 3.Authorization of appropriationsThere is authorized to be appropriated to the Secretary $400,000,000 to carry out this Act. 4.DefinitionsFor the purposes of this Act:
 (1)Reclamation facilityThe term Reclamation facility means each of the infrastructure assets that are owned by the Bureau of Reclamation at a Reclamation project.
 (2)Reclamation StateThe term Reclamation State has the meaning given the term in section 4014(8) of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114–322).
 (3)SecretaryThe term Secretary means the Secretary of the Interior. (4)Transferred worksThe term transferred works means a Reclamation facility at which operations and maintenance of the facility is carried out by a non-Federal entity under the provisions of a formal operations and maintenance transfer contract or other legal agreement with the Bureau of Reclamation.


113 HR 3733 IH: Trade and Environment Enforcement Act
U.S. House of Representatives
2013-12-12
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.

I113th CONGRESS1st SessionH. R. 3733IN THE HOUSE OF REPRESENTATIVESDecember 12, 2013Mr. Blumenauer (for himself, Mr. Thompson of California, Mr. Lewis, Mr. Rangel, Mr. McDermott, and Mr. Pascrell) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Trade Act of 1974 to authorize the United States Trade Representative to take discretionary action if a foreign country is engaging in unreasonable acts, policies, or practices relating to the environment, and for other purposes.1.Short titleThis Act may be cited as the Trade and Environment Enforcement Act or Green 301 Act.2.Environmental protection in trade relationsSection 301(d)(3)(B) of the Trade Act of 1974 (19 U.S.C. 2411(d)(3)(B)) is amended—(1)in clause (ii), by striking or at the end;(2)in clause (iii)(V), by striking the period at the end and inserting , or; and(3)by adding at the end the following new clause:(iv)constitutes a persistent pattern of conduct that—(I)fails to effectively enforce the environmental laws of a foreign country;(II)waives or otherwise derogates from the environmental laws of a foreign country or weakens the protections afforded by such laws;(III)fails to provide for judicial or administrative proceedings giving access to remedies for violations of the environmental laws of a foreign country;(IV)fails to provide appropriate and effective sanctions or remedies for violations of the environmental laws of a foreign country; or(V)fails to effectively enforce environmental commitments in agreements to which a foreign country and the United States are a party..3.Identification of foreign country trade practices that negatively affect the environment(a)In generalChapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended by adding at the end the following:311.Identification of foreign country trade practices that negatively affect the environment(a)Identification(1)In generalThe Trade Representative shall identify those foreign country trade practices that cause negative environmental impacts on the protection of human, animal, or plant life or health, or the conservation of exhaustible natural resources in the United States, the foreign country, a third country, or internationally.(2)FactorsIn identifying foreign country trade practices under paragraph (1), the Trade Representative shall take into account all relevant factors, including—(A)the strength of the connection between trade and the negative environmental impact;(B)the significance of the negative environmental impact on the protection of human, animal or plant life or health, or the conservation of exhaustible natural resources; and(C)the costs and benefits of mitigating the negative environmental impact through the remedies described in this section.(3)ConsultationIn identifying foreign country trade practices under paragraph (1), the Trade Representative shall provide the opportunity for input by and consultation with interested persons, including private or nongovernmental organizations working towards environmental protection or conservation, domestic industrial users of any goods that may be affected by this section, and appropriate Federal departments and agencies.(b)Report(1)In generalNot later than 270 days after the date of submission of a report under section 181(b) of this Act, and every 2 years thereafter, the Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate and publish in the Federal Register a report on the foreign country trade practices identified under subsection (a).(2)Matters to be includedThe Trade Representative may include in the report, if appropriate—(A)a description of other foreign country trade practices that may in the future warrant inclusion in the report as foreign country trade practices that negatively affect the environment; and(B)a statement regarding other foreign country trade practices that negatively affect the environment that have not been identified because they are subject to other provisions of United States trade law, existing bilateral trade agreements, or trade negotiations, and progress is being made toward the mitigation, reduction, or elimination of the negative environmental impacts of such foreign country trade practices..(b)Clerical amendmentThe table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 310 the following new item:Sec. 311. Identification of foreign country trade practices that negatively affect the environment..


		I
		112th CONGRESS
		2d Session
		H. R. 6606
		IN THE HOUSE OF REPRESENTATIVES

			November 27, 2012
			Ms. DeGette (for
			 herself, Mr. Coffman of Colorado,
			 Mr. Paul, Mr. Frank of Massachusetts,
			 Mr. Blumenauer,
			 Mr. Farr, Ms. Lee of California,
			 Mr. Polis,
			 Mr. Cohen, and
			 Mr. Grijalva) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary, and in addition to the Committee on
			 Energy and Commerce, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend the Controlled Substances Act to provide that
		  Federal law shall not preempt State law.

		1.Short titleThis Act may be cited as the
			 Respect States’ and Citizens’ Rights
			 Act of 2012.
		2.In
			 generalSection 708 of the
			 Controlled Substances Act (21 U.S.C. 903) is amended—
			(1)by striking
			 No provision and inserting (a) In
			 general.—Except as provided in subsection (b), no
			 provision; and
			(2)by adding at the
			 end the following:

					(b)Special rule
				regarding State marihuana lawsIn the case of any State law that pertains
				to marihuana, no provision of this title shall be construed as indicating an
				intent on the part of the Congress to occupy the field in which that provision
				operates, including criminal penalties, to the exclusion of State law on the
				same subject matter, nor shall any provision of this title be construed as
				preempting any such State
				law.
					.


114 HRES 869 IH: Relating to the death of the Honorable Mark Takai, a Representative from the State of Hawaii.
U.S. House of Representatives
2016-09-14
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. 869IN THE HOUSE OF REPRESENTATIVESSeptember 14, 2016Ms. Gabbard (for herself, Ms. Judy Chu of California, Mrs. Torres, Mr. Aguilar, Ms. Hahn, Ms. Roybal-Allard, Ms. Velázquez, Mr. Schiff, Ms. Bordallo, Ms. Duckworth, Mr. Honda, Mr. Ted Lieu of California, Mr. Beyer, Ms. Meng, Ms. Lee, Mr. Connolly, Mrs. Radewagen, Mr. Brendan F. Boyle of Pennsylvania, Ms. Pelosi, Ms. Matsui, Mr. Al Green of Texas, Mrs. Napolitano, Mr. Nadler, Ms. Fudge, Mrs. Watson Coleman, Mr. Lowenthal, Ms. Eshoo, Mr. Delaney, Ms. Linda T. Sánchez of California, Mr. Ashford, Mr. Takano, Mr. Becerra, Mr. Swalwell of California, Mr. Sablan, Mr. Bera, and Mr. Scott of Virginia) submitted the following resolution; which was referred to the Committee on House AdministrationRESOLUTIONRelating to the death of the Honorable Mark Takai, a Representative from the State of Hawaii.

 Whereas the Honorable Mark Takai was elected to the United States House of Representatives in 2014, where he served the people of Hawaii with devotion and distinction in the One Hundred Fourteenth Congress;
 Whereas the Honorable Mark Takai was born to Erik and Naomi Takai on July 1, 1967, in Oahu, Hawaii; Whereas the Honorable Mark Takai was a National High School All-American swimmer at Pearl City High School, and a proud alumnus of the University of Hawaii at Manoa, where he served as the student body president, a 4-year member of the varsity swim team, and the Editor-in-Chief of the campus newspaper;
 Whereas the Honorable Mark Takai was first elected to the Hawaii House of Representatives at age 27 and represented Pearl City and Aiea from 1994 to 2014, including serving two years as the Vice-Speaker;
 Whereas the Honorable Mark Takai served his State and his country as a 17-year member of the Hawaii Army National Guard, earning the rank of Lieutenant Colonel and deploying to Kuwait for Operation Iraqi Freedom in 2009 as a preventive medical officer, and later serving as President of the Hawaii National Guard Association;
 Whereas the Honorable Mark Takai represented the First Congressional District of Hawaii in the One Hundred Fourteenth Congress, sitting on the Committee on Armed Services and the Committee on Small Business, where he was the ranking minority member on the Subcommittee on Contracting and Workforce;
 Whereas the Honorable Mark Takai channeled his own fight against pancreatic cancer into becoming a champion for cancer research, serving on the House Cancer Caucus and the House Deadliest Cancers Caucus;
 Whereas the Honorable Mark Takai was a tireless advocate for the veterans, servicemembers, and military families of the Nation and the State of Hawaii;
 Whereas the Honorable Mark Takai was a dedicated husband to his beloved wife Sami, and a proud father to his children Matthew and Kaila; and
 Whereas with his death, his State and the Nation have lost an exceptional leader, public servant, and a true ambassador of the aloha spirit: Now, therefore, be it

 That the House has heard with profound sorrow of the death of the Honorable Mark Takai, a Representative from the State of Hawaii.
 That the Clerk communicate this resolution to the Senate and transmit a copy thereof to the family of the deceased.
 That when the House adjourns today, it adjourn as a further mark of respect to the memory of the deceased.


110 HR 6687 IH: Fuel Immigration Enforcement

U.S. House of Representatives
2008-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 6687
		IN THE HOUSE OF REPRESENTATIVES

			July 31, 2008
			Mr. Mitchell (for
			 himself, Mr. Shuler, and
			 Mr. Shays) introduced the following
			 bill; which was referred to the Committee
			 on Homeland Security

		A BILL
		To require the Secretary of Homeland Security to
		  calculate the cost of fuel expenses for vehicles of United States Immigration
		  and Customs Enforcement according to gasoline prices reported by the Energy
		  Information Administration Gasoline and Diesel Fuel Update.

		1.Short titleThis Act may be cited as the
			 Fuel Immigration Enforcement
			 Act.
		2.Calculation of fuel
			 expenses for vehicles of United States Immigration and Customs
			 EnforcementThe Secretary of
			 Homeland Security shall calculate, on an annual basis, the cost of fuel
			 expenses for all vehicles owned or operated by United States Immigration and
			 Customs Enforcement according to gasoline prices reported by the Energy
			 Information Administration Gasoline and Diesel Fuel Update, and report to the
			 Committee on Homeland Security of the House of Representatives and the
			 Committee on Homeland Security and Governmental Affairs of the Senate the cost
			 of such fuel expenses.


115 S1486 IS: ANCSA Barrow Sand and Gravel Access Act of 2017
U.S. Senate
2017-06-29
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.

		II
		115th CONGRESS1st Session
		S. 1486
		IN THE SENATE OF THE UNITED STATES

			June 29, 2017
			Ms. Murkowski (for herself and Mr. Sullivan) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

		A BILL
		To amend the Barrow Gas Field Transfer Act of 1984 with respect to the Ukpeagvik Inupiat
			 Corporation sand and gravel resources, and for other purposes.

		1.Short title
 This Act may be cited as the ANCSA Barrow Sand and Gravel Access Act of 2017. 2.Ukpeagvik Inupiat Corporation sand and gravel resourcesSection 3 of the Barrow Gas Field Transfer Act of 1984 (Public Law 98–366; 98 Stat. 470) is amended—
 (1)by striking Sec. 3. The Secretary and inserting the following:  3.Conveyance to Ukpeagvik Inupiat Corporation (a)In generalThe Secretary; and
 (2)by adding at the end the following:  (b)Inclusions (1)In generalSubject to paragraph (2), the conveyance to UIC under subsection (a) shall include all right, title, and interest held by the United States to sand and gravel deposits underlying the surface estate owned by UIC within and contiguous to the Barrow gas fields, in the areas depicted on the map entitled 1984 Barrow Gas Field Transfer Act and dated April 25, 2016 and more particularly described as follows:
 (A)T. 21 N. R. 16 W., secs. 7, 17-18, 19-21, and 28-29. (B)T. 21 N. R. 17 W., secs. 1-2, and 11-14.
 (C)T. 22 N., R. 18 W., secs. 4, 9, and 29-32. (D)T. 22 N. R. 19 W., secs. 25 and 36.
							(2)Requirements
 (A)Road constructionIn constructing roads to access any of the sand and gravel deposits lying within the areas described in paragraph (1), UIC shall continue to mitigate negative impacts on the nesting sites of the Steller’s eider.
 (B)ExcavationIn excavating any of the sand and gravel deposits lying within the areas described in paragraph (1), UIC shall not blast or use explosives during the active nesting season of the Steller’s eider..


115 HCON 120 IH: Supporting a bold and sustained expansion of Federal investments in affordable rental homes.
U.S. House of Representatives
2018-05-08
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.

IV115th CONGRESS2d SessionH. CON. RES. 120IN THE HOUSE OF REPRESENTATIVESMay 8, 2018Ms. Lee (for herself, Mr. Sablan, Mr. Espaillat, Mr. Soto, Mr. Capuano, Mr. Kihuen, Mrs. Beatty, Mr. Vargas, Mr. Beyer, Ms. Barragán, Mr. Khanna, Ms. Velázquez, Ms. DeLauro, Mr. Scott of Virginia, Mr. Carson of Indiana, Ms. Jayapal, Ms. Maxine Waters of California, and Ms. Norton) submitted the following concurrent resolution; which was referred to the Committee on Financial ServicesCONCURRENT RESOLUTIONSupporting a bold and sustained expansion of Federal investments in affordable rental homes.

 Whereas evidence-based research has shown that families with safe, decent, accessible, and affordable homes of their choice are better able to find employment, achieve economic mobility, perform better in school, and maintain improved health;
 Whereas providing housing assistance is one of the most effective ways to help families, children, and youth escape poverty and domestic violence;
 Whereas a wide body of research indicates that a child’s neighborhood and home life have a significant impact on the child’s performance in school;
 Whereas children of families that cannot afford a place to call home are more likely to be in fair or poor health;
 Whereas investing in affordable housing infrastructure has numerous benefits for the economy, including creating jobs, boosting families’ incomes, promoting healthy families, and encouraging further development;
 Whereas additional resources are needed to fully address the need for affordable rental homes; Whereas far too many families living in urban, suburban, and rural communities in the United States are struggling to keep a roof over their heads;
 Whereas three out of every four families in need of housing benefits are turned away due to chronic underfunding;
 Whereas without robust Federal investments, many more families would be homeless, living in substandard or overcrowded conditions, or struggling to meet other basic needs because too much of their limited income would be used to pay rent; and
 Whereas the President’s fiscal year 2019 budget request threatens affordable housing benefits for millions of low-income families: Now, therefore, be it

 That the Congress— (1)affirms that all people deserve access to basic living standards, including a place to call home;
 (2)affirms that when our Nation invests in affordable and accessible homes, we invest in people, in communities, and in America as a whole;
 (3)affirms that no one should be forced to give up food and basic healthcare to keep a roof over their heads; and
 (4)supports a bold and sustained expansion of Federal investments in affordable and accessible rental homes to help more low-income families who struggle to make ends meet.


		II
		Calendar No. 34
		110th CONGRESS
		1st Session
		S. 240
		[Report No. 110–9]
		IN THE SENATE OF THE UNITED STATES

			January 10, 2007
			Mr. Craig (for himself,
			 Mr. Domenici, Mr. Bingaman, Mr.
			 Enzi, Mr. Stevens,
			 Mr. Bennett, Ms. Murkowski, Mr.
			 Bunning, and Mr. Roberts)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			February 15, 2007
			Reported by Mr.
			 Bingaman, without amendment

		A BILL
		To reauthorize and amend the National Geologic Mapping
		  Act of 1992.

		1.Short titleThis Act may be cited as the
			 National Geologic Mapping
			 Reauthorization Act of 2007.
		2.FindingsSection 2(a) of the National Geologic
			 Mapping Act of 1992 (43 U.S.C. 31a(a)) is amended—
			(1)by striking
			 paragraph (1) and inserting the following:

					(1)although
				significant progress has been made in the production of geologic maps since the
				establishment of the national cooperative geologic mapping program in 1992, no
				modern, digital, geologic map exists for approximately 75 percent of the United
				States;
					;
				and
			(2)in paragraph
			 (2)—
				(A)in subparagraph
			 (C), by inserting homeland and after planning
			 for;
				(B)in subparagraph
			 (E), by striking predicting and inserting
			 identifying;
				(C)in subparagraph
			 (I), by striking and after the semicolon at the end;
				(D)by redesignating
			 subparagraph (J) as subparagraph (K); and
				(E)by inserting
			 after subparagraph (I) the following:

						(J)recreation and
				public awareness; and
						;
				and
				(3)in paragraph (9),
			 by striking important and inserting
			 available.
			3.PurposeSection 2(b) of the National Geologic
			 Mapping Act of 1992 (43 U.S.C. 31a(b)) is amended by inserting and
			 management before the period at the end.
		4.Deadlines for
			 actions by the United States geological surveySection 4(b)(1) of the National Geologic
			 Mapping Act of 1992 (43 U.S.C. 31c(b)(1)) is amended in the second
			 sentence—
			(1)in subparagraph
			 (A), by striking not later than and all that follows through the
			 semicolon and inserting not later than 1 year after the date of
			 enactment of the National Geologic Mapping
			 Reauthorization Act of 2007;;
			(2)in subparagraph
			 (B), by striking not later than and all that follows through
			 in accordance and inserting not later than 1 year after
			 the date of enactment of the National
			 Geologic Mapping Reauthorization Act of 2007 in
			 accordance; and
			(3)in the matter
			 preceding clause (i) of subparagraph (C), by striking not later
			 than and all that follows through submit and inserting
			 submit biennially.
			5.Geologic mapping
			 program objectivesSection
			 4(c)(2) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(c)(2)) is
			 amended—
			(1)by striking
			 geophysical-map data base, geochemical-map data base, and a;
			 and
			(2)by striking
			 provide and inserting provides.
			6.Geologic mapping
			 program componentsSection
			 4(d)(1)(B)(ii) of the National Geologic Mapping Act of 1992 (43 U.S.C.
			 31c(d)(1)(B)(ii)) is amended—
			(1)in subclause (I),
			 by striking and after the semicolon at the end;
			(2)in subclause
			 (II), by striking the period at the end and inserting ; and;
			 and
			(3)by adding at the
			 end the following:

					(III)the needs of
				land management agencies of the Department of the
				Interior.
					.
			7.Geologic mapping
			 advisory committee
			(a)MembershipSection
			 5(a) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(a)) is
			 amended—
				(1)in paragraph
			 (2)—
					(A)by inserting
			 the Secretary of the Interior or a designee from a land management
			 agency of the Department of the Interior, after Administrator of
			 the Environmental Protection Agency or a designee,;
					(B)by inserting
			 and after Energy or a designee,; and
					(C)by striking
			 , and the Assistant to the President for Science and Technology or a
			 designee; and
					(2)in paragraph
			 (3)—
					(A)by striking
			 Not later than and all that follows through
			 consultation and inserting In
			 consultation;
					(B)by striking
			 Chief Geologist, as Chairman and inserting Associate
			 Director for Geology, as Chair; and
					(C)by striking
			 one representative from the private sector and inserting
			 2 representatives from the private sector.
					(b)DutiesSection
			 5(b) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31d(b)) is
			 amended—
				(1)in paragraph (2),
			 by striking and at the end;
				(2)by redesignating
			 paragraph (3) as paragraph (4); and
				(3)by inserting
			 after paragraph (2) the following:

						(3)provide a
				scientific overview of geologic maps (including maps of geologic-based hazards)
				used or disseminated by Federal agencies for regulation or land-use planning;
				and
						.
				(c)Conforming
			 AmendmentSection 5(a)(1) of the National Geologic Mapping Act of
			 1992 (43 U.S.C. 31d(a)(1)) is amended by striking 10-member and
			 inserting 11-member.
			8.Functions of
			 national geologic-map databaseSection 7(a) of the National Geologic
			 Mapping Act of 1992 (43 U.S.C. 31f(a)) is amended—
			(1)in paragraph (1),
			 by striking geologic map and inserting
			 geologic-map; and
			(2)in paragraph (2),
			 by striking subparagraph (A) and inserting the following:

					(A)all maps
				developed with funding provided by the National Cooperative Geologic Mapping
				Program, including under the Federal, State, and education
				components;
					.
			9.Biennial
			 reportSection 8 of the
			 National Geologic Mapping Act of 1992 (43 U.S.C. 31g) is amended by striking
			 Not later and all that follows through biennially
			 and inserting Not later than 3 years after the date of enactment of the
			 National Geologic Mapping Reauthorization Act
			 of 2007 and biennially.
		10.Authorization
			 of appropriations; allocationSection 9 of the National Geologic Mapping
			 Act of 1992 (43 U.S.C. 31h) is amended—
			(1)by striking
			 subsection (a) and inserting the following:

					(a)In
				GeneralThere is authorized to be appropriated to carry out this
				Act $64,000,000 for each of fiscal years 2007 through
				2016.
					;
				and
			(2)in subsection
			 (b)—
				(A)in the matter
			 preceding paragraph (1), by striking 2000 and inserting
			 2005;
				(B)in paragraph (1),
			 by striking 48 and inserting 50; and
				(C)in paragraph (2),
			 by striking 2 and inserting 4.

		February 15, 2007
		Reported without amendment


114 HR 4933 IH: Teacher Debt Relief Act
U.S. House of Representatives
2016-04-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 4933
		IN THE HOUSE OF REPRESENTATIVES

			April 13, 2016
			Mr. Takano (for himself and Mr. Hanna) introduced the following bill; which was referred to the Committee on Education and the Workforce

		A BILL
		To amend the Higher Education Act of 1965 to change certain eligibility provisions for loan
			 forgiveness for teachers, and for other purposes.

 1.Short titleThis Act may be cited as the Teacher Debt Relief Act. 2.Loan forgiveness for teachersThe Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended—
 (1)in section 428J(g)(2) (20 U.S.C. 1078–10(g)(2))— (A)in subparagraph (A), by inserting or after the semicolon at the end;
 (B)by striking subparagraph (B); and (C)by redesignating subparagraph (C) as subparagraph (B);
 (2)in section 455(m) (20 U.S.C. 1087e(m)), in paragraph (4), by striking both this subsection and section 428J, 428K, 428L, or 460 and inserting both this subsection and section 428K or 428L; and (3)in section 460(g)(2) (20 U.S.C. 1087j(g)(2))—
 (A)in subparagraph (A), by inserting or after the semicolon at the end; (B)by striking subparagraph (B); and
 (C)by redesignating subparagraph (C) as subparagraph (B).


114 HR 2075 IH: United States Commission on an Open Society with Security Act of 2015
U.S. House of Representatives
2015-04-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 2075
IN THE HOUSE OF REPRESENTATIVES

April 28, 2015
Ms. Norton introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To establish the United States Commission on an Open Society with Security.

1.Short titleThis Act may be cited as the United States Commission on an Open Society with Security Act of 2015. 2.FindingsCongress finds that—
(1)an open society which affords free access to public facilities and spaces and which protects the right to engage in open discussion is an essential premise of American governmental institutions and democratic values; (2)the United States is currently facing a challenge to the safety and security of the public, public employees, and public facilities and spaces that is unique in the history of this Nation;
(3)to meet this challenge without eroding or harming any of the basic tenets of the Republic and of our democracy, this Nation needs to assemble the best thinking available; and (4)a commission of experts from a broad base of disciplines and backgrounds is necessary to examine all the factors that should be considered in securing public safety from terrorist attacks while maintaining the highest level of free and open access to the public.
3.Establishment of Commission
(a)EstablishmentThere is established a commission to be known as the United States Commission on an Open Society with Security (in this Act referred to as the Commission). (b)CompositionThe Commission shall be composed of 21 members appointed in accordance with subsection (d)(1) from among individuals representing such fields or groups as the following: architecture, technology, civil libertarians, humanists, members of the Armed Forces, Federal Government employees, city planners, business leaders, lawyers, artists, public building security, engineers, philosophers, historians, sociologists, and psychologists. The President shall designate one of those members to be the Chairperson of the Commission.
(c)Terms; quorum; meetings; vacanciesMembers shall be appointed for the life of the Commission. Nine members of the Commission shall constitute a quorum, but a lesser number may hold hearings. After its initial meeting, the Commission shall meet at the call of the Chairperson of the Commission or a majority of its members. Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment. (d)Appointments; initial meeting (1)AppointmentsAppointments to the Commission shall be made as follows:
(A)9 members appointed by the President. (B)3 members appointed by the Speaker of the House of Representatives.
(C)3 members appointed by the Minority Leader of the House of Representatives.  (D)3 members appointed by the Majority Leader of the Senate.
(E)3 members appointed by the Minority Leader of the Senate. (2)Initial meetingIf, after 90 days following the date of enactment of this Act, 9 or more members of the Commission have been appointed, the members who have been appointed may meet, and the Chairperson shall have the authority to begin the operations of the Commission, including the hiring of staff.
4.Functions of Commission
(a)In generalThe Commission shall study and make findings and recommendations relating to the question of how the Government of the United States may provide, in a balanced manner, for both security in and public access to Federal buildings and other Federal property and sites. (b)Matters To be examinedIn carrying out this Act, the Commission shall specifically examine matters that relate to the security of, and open access to, public facilities and spaces, including—
(1)Federal, other governmental, and private security practices and proposals, building design, public space management, counterterrorism needs, and refurbishment of existing Federal facilities; (2)the effect of access to public facilities and spaces on—
(A)maintenance of security and safety; (B)free speech, the right to petition the Government, and other constitutional rights and civil liberties;
(C)economies of affected jurisdictions or parts thereof; (D)physical changes and architectural aesthetics of affected areas;
(E)traffic and congestion; and (F)job performance of employees within the affected facilities;
(3)current and potential uses of technology to augment or replace traditional modes of security; (4)practices of and comparisons with other entities and nations; and
(5)current and potential analytical methods of assessing the risks posed by the various forms of terrorism, balanced against the specific needs and values of open access. (c)Coordination of activitiesThe Commission shall take appropriate measures to avoid unnecessary duplication of efforts previously or currently being undertaken by any other person or entity.
5.Powers of Commission
(a)In generalThe Commission or, on the authorization of the Commission, any member or agent of the Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate to carry out this Act. (b)Obtaining official informationThe Commission may secure directly from any department, agency, or other entity of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of such governmental entity shall furnish, to the extent authorized by law, such information to the Commission.
(c)Security
(1)Security clearancesThe members and staff of the Commission shall hold, as a condition of appointment to or employment with the Commission, appropriate security clearances for access to the classified briefing, records, and materials to be reviewed by the Commission or its staff and shall follow the guidance and practices on security under applicable Executive orders and agency directives. (2)Conditions to granting accessThe head of an agency shall require, as a condition of granting access to a member of the Commission or a member of the staff of the Commission to classified records or materials of the agency under this Act, require the member to—
(A)execute an agreement regarding the security of such records or materials that is approved by the head of the agency; and (B)hold an appropriate security clearance granted or recognized under the standard procedures and eligibility criteria of the agency, including any special access approval required for access to such records or materials.
(3)Restriction on useThe members of the Commission and the members of the staff of the Commission may not use any information acquired in the course of their official activities on the Commission for nonofficial purposes. (4)Need to knowFor purposes of any law or regulation governing access to classified information that pertains to the national security of the United States and to facilitate the advisory functions of the Commission under this Act, a member of the Commission or a member of the staff of the Commission seeking access to a record or material under this Act shall be deemed for purposes of this subsection to have a need to know the contents of the record or material.
(5)Rule of constructionA reference in this subsection to the staff of the Commission includes individuals described in sections 6(d) and 6(e). (d)MailsThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.
(e)GiftsThe Commission may accept, use, and dispose of gifts or donations of services or property. (f)Administrative support servicesThe Administrator of General Services shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request.
6.Personnel matters
(a)Compensation of membersMembers of the Commission shall not be compensated by reason of their service on the Commission. (b)Travel expensesThe members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.
(c)StaffSubject to such rules as the Commission may prescribe, the Chairperson of the Commission, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates), may appoint and fix the pay of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions; except that no rate of pay fixed under this subsection may exceed the maximum rate of basic pay payable for GS–15 of the General Schedule. (d)Staff of Federal agenciesUpon request of the Chairperson of the Commission, the head of any department or agency of the United States may detail, on a nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its functions under this Act.
(e)Experts and consultantsWith the approval of the Commission, the Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the maximum rate of basic pay payable for GS–15 of the General Schedule. 7.Report (a)Submission to the PresidentThe Commission shall transmit its final report to the President not later than 2 years after the initial meeting of the Commission. Such report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative, administrative, or other action as the Commission considers appropriate.
(b)Submission to the CongressNot later than 6 months after receiving the final report of the Commission under subsection (a), the President shall transmit such report to Congress, together with any comments or recommendations (including any proposed legislation) which the President considers appropriate. 8.Termination of CommissionThe Commission shall terminate on the 90th day after the date on which the Commission is required to submit its final report under section 7(a).
9.Authorization of appropriationsThere are authorized to be appropriated to carry out this Act— (1)$5,000,000 for fiscal year 2016; and
(2)$5,000,000 for fiscal year 2017.


114 S2183 PCS: Export-Import Bank Reform and Reauthorization Act of 2015
U.S. Senate
2015-10-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		Calendar No. 275114th CONGRESS1st Session
		S. 2183
		IN THE SENATE OF THE UNITED STATES

			October 19, 2015
			Mr. Kirk (for himself, Ms. Heitkamp, Mr. Graham, Mr. Manchin, Mr. Blunt, Mr. Donnelly, Ms. Ayotte, and Mr. Warner) introduced the following bill; which was read the first time

		October 20, 2015Read the second time and placed on the calendarA BILL
		To reauthorize and reform the Export-Import Bank of the United States, and for other purposes.

		1.Short title; table of contents
			(a)Short title
 This Act may be cited as the Export-Import Bank Reform and Reauthorization Act of 2015.
 (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents. TITLE I—Taxpayer protection provisions and increased accountability Sec. 101. Reduction in authorized amount of outstanding loans, guarantees, and insurance. Sec. 102. Increase in loss reserves. Sec. 103. Review of fraud controls. Sec. 104. Office of Ethics. Sec. 105. Chief Risk Officer. Sec. 106. Risk Management Committee. Sec. 107. Independent audit of bank portfolio. Sec. 108. Pilot program for reinsurance. TITLE II—Promotion of small business exports Sec. 201. Increase in small business lending requirements. Sec. 202. Report on programs for small and medium-sized businesses. TITLE III—Modernization of operations Sec. 301. Electronic payments and documents. Sec. 302. Reauthorization of information technology updating. TITLE IV—General provisions Sec. 401. Extension of authority. Sec. 402. Certain updated loan terms and amounts. TITLE V—Other matters Sec. 501. Prohibition on discrimination based on industry. Sec. 502. Negotiations to end export credit financing. Sec. 503. Study of financing for information and communications technology systems.  ITaxpayer protection provisions and increased accountability 101.Reduction in authorized amount of outstanding loans, guarantees, and insuranceSection 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 635e(a)) is amended—
 (1)by redesignating paragraph (3) as paragraph (4); and (2)by striking paragraph (2) and inserting the following:

 (2)Applicable amount definedIn this subsection, the term applicable amount, for each of fiscal years 2015 through 2019, means $135,000,000,000. (3)Freezing of lending cap if default rate is 2 percent or moreIf the rate calculated under section 8(g)(1) is 2 percent or more for a quarter, the Bank may not exceed the amount of loans, guarantees, and insurance outstanding on the last day of that quarter until the rate calculated under section 8(g)(1) is less than 2 percent..
				102.Increase in loss reserves
 (a)In generalSection 6 of the Export-Import Bank Act of 1945 (12 U.S.C. 635e) is amended— (1)by redesignating subsection (b) as subsection (c); and
 (2)by inserting after subsection (a) the following:  (b)Reserve requirementThe Bank shall build to and hold in reserve, to protect against future losses, an amount that is not less than 5 percent of the aggregate amount of disbursed and outstanding loans, guarantees, and insurance of the Bank..
 (b)Effective dateThe amendment made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act.
 103.Review of fraud controlsSection 17(b) of the Export-Import Bank Reauthorization Act of 2012 (12 U.S.C. 635a–6(b)) is amended to read as follows:

 (b)Review of fraud controlsNot later than 4 years after the date of the enactment of the Export-Import Bank Reform and Reauthorization Act of 2015, and every 4 years thereafter, the Comptroller General of the United States shall— (1)review the adequacy of the design and effectiveness of the controls used by the Export-Import Bank of the United States to prevent, detect, and investigate fraudulent applications for loans and guarantees and the compliance by the Bank with the controls, including by auditing a sample of Bank transactions; and
 (2)submit a written report regarding the findings of the review and providing such recommendations with respect to the controls described in paragraph (1) as the Comptroller General deems appropriate to—
 (A)the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate; and
 (B)the Committee on Financial Services and the Committee on Appropriations of the House of Representatives..
 104.Office of EthicsSection 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a) is amended by adding at the end the following:

					(k)Office of Ethics
 (1)EstablishmentThere is established an Office of Ethics within the Bank, which shall oversee all ethics issues within the Bank.
						(2)Head of office
 (A)In generalThe head of the Office of Ethics shall be the Chief Ethics Officer, who shall report to the Board of Directors.
 (B)AppointmentNot later than 180 days after the date of the enactment of the Export-Import Bank Reform and Reauthorization Act of 2015, the Chief Ethics Officer shall be—
 (i)appointed by the President of the Bank from among persons— (I)with a background in law who have experience in the fields of law and ethics; and
 (II)who are not serving in a position requiring appointment by the President of the United States before being appointed to be Chief Ethics Officer; and
 (ii)approved by the Board. (C)Designated agency ethics officialThe Chief Ethics Officer shall serve as the designated agency ethics official for the Bank pursuant to the Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.).
 (3)DutiesThe Office of Ethics has jurisdiction over all employees of, and ethics matters relating to, the Bank. With respect to employees of the Bank, the Office of Ethics shall—
 (A)recommend administrative actions to establish or enforce standards of official conduct; (B)refer to the Office of the Inspector General of the Bank alleged violations of—
 (i)the standards of ethical conduct applicable to employees of the Bank under parts 2635 and 6201 of title 5, Code of Federal Regulations;
 (ii)the standards of ethical conduct established by the Chief Ethics Officer; and (iii)any other laws, rules, or regulations governing the performance of official duties or the discharge of official responsibilities that are applicable to employees of the Bank;
 (C)report to appropriate Federal or State authorities substantial evidence of a violation of any law applicable to the performance of official duties that may have been disclosed to the Office of Ethics; and
 (D)render advisory opinions regarding the propriety of any current or proposed conduct of an employee or contractor of the Bank, and issue general guidance on such matters as necessary..
 105.Chief Risk OfficerSection 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a), as amended by section 104, is further amended by adding at the end the following:

					(l)Chief Risk Officer
 (1)In generalThere shall be a Chief Risk Officer of the Bank, who shall— (A)oversee all issues relating to risk within the Bank; and
 (B)report to the President of the Bank. (2)AppointmentNot later than 180 days after the date of the enactment of the Export-Import Bank Reform and Reauthorization Act of 2015, the Chief Risk Officer shall be—
 (A)appointed by the President of the Bank from among persons— (i)with a demonstrated ability in the general management of, and knowledge of and extensive practical experience in, financial risk evaluation practices in large governmental or business entities; and
 (ii)who are not serving in a position requiring appointment by the President of the United States before being appointed to be Chief Risk Officer; and
 (B)approved by the Board. (3)DutiesThe duties of the Chief Risk Officer are—
 (A)to be responsible for all matters related to managing and mitigating all risk to which the Bank is exposed, including the programs and operations of the Bank;
 (B)to establish policies and processes for risk oversight, the monitoring of management compliance with risk limits, and the management of risk exposures and risk controls across the Bank;
 (C)to be responsible for the planning and execution of all Bank risk management activities, including policies, reporting, and systems to achieve strategic risk objectives;
 (D)to develop an integrated risk management program that includes identifying, prioritizing, measuring, monitoring, and managing internal control and operating risks and other identified risks;
 (E)to ensure that the process for risk assessment and underwriting for individual transactions considers how each such transaction considers the effect of the transaction on the concentration of exposure in the overall portfolio of the Bank, taking into account fees, collateralization, and historic default rates; and
 (F)to review the adequacy of the use by the Bank of qualitative metrics to assess the risk of default under various scenarios..
			106.Risk Management Committee
 (a)In generalSection 3 of the Export-Import Bank Act of 1945 (12 U.S.C. 635a), as amended by sections 104 and 105, is further amended by adding at the end the following:

						(m)Risk management committee
 (1)EstablishmentThere is established a management committee to be known as the Risk Management Committee. (2)MembershipThe membership of the Risk Management Committee shall be the members of the Board of Directors, with the President and First Vice President of the Bank serving as ex officio members.
 (3)DutiesThe duties of the Risk Management Committee shall be— (A)to oversee, in conjunction with the Office of the Chief Financial Officer of the Bank—
 (i)periodic stress testing on the entire Bank portfolio, reflecting different market, industry, and macroeconomic scenarios, and consistent with common practices of commercial and multilateral development banks; and
 (ii)the monitoring of industry, geographic, and obligor exposure levels; and (B)to review all required reports on the default rate of the Bank before submission to Congress under section 8(g).
								.
 (b)Termination of Audit CommitteeNot later than 180 days after the date of the enactment of this Act, the Board of Directors of the Export-Import Bank of the United States shall revise the bylaws of the Bank to terminate the Audit Committee established by section 7 of the bylaws.
				107.Independent audit of bank portfolio
 (a)AuditThe Inspector General of the Export-Import Bank of the United States shall conduct an audit or evaluation of the portfolio risk management procedures of the Bank, including a review of the implementation by the Bank of the duties assigned to the Chief Risk Officer under section 3(l) of the Export-Import Bank Act of 1945, as amended by section 105.
 (b)ReportNot later than one year after the date of the enactment of this Act, and not less frequently than every 3 years thereafter, the Inspector General shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a written report containing all findings and determinations made in carrying out subsection (a).
				108.Pilot program for reinsurance
 (a)In generalNotwithstanding any provision of the Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.), the Export-Import Bank of the United States (in this section referred to as the Bank) may establish a pilot program under which the Bank may enter into contracts and other arrangements to share risks associated with the provision of guarantees, insurance, or credit, or the participation in the extension of credit, by the Bank under that Act.
				(b)Limitations on Amount of Risk-Sharing
 (1)Per contract or other arrangementThe aggregate amount of liability the Bank may transfer through risk-sharing pursuant to a contract or other arrangement entered into under subsection (a) may not exceed $1,000,000,000.
 (2)Per yearThe aggregate amount of liability the Bank may transfer through risk-sharing during a fiscal year pursuant to contracts or other arrangements entered into under subsection (a) during that fiscal year may not exceed $10,000,000,000.
 (c)Annual reportsNot later than one year after the date of the enactment of this Act, and annually thereafter through 2019, the Bank shall submit to Congress a written report that contains a detailed analysis of the use of the pilot program carried out under subsection (a) during the year preceding the submission of the report.
 (d)Rule of constructionNothing in this section shall be construed to affect, impede, or revoke any authority of the Bank. (e)TerminationThe pilot program carried out under subsection (a) shall terminate on September 30, 2019.
				IIPromotion of small business exports
			201.Increase in small business lending requirements
 (a)In generalSection 2(b)(1)(E)(v) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is amended by striking 20 percent and inserting 25 percent.
 (b)Effective dateThe amendment made by subsection (a) shall apply with respect to fiscal year 2016 and each fiscal year thereafter.
				202.Report on programs for small and medium-sized businesses
 (a)In generalSection 8 of the Export-Import Bank Act of 1945 (12 U.S.C. 635g) is amended by adding at the end the following:

 (k)Report on Programs for Small and Medium-Sized BusinessesThe Bank shall include in its annual report to Congress under subsection (a) a report on the programs of the Bank for United States businesses with less than $250,000,000 in annual sales..
 (b)Effective dateThe amendment made by subsection (a) shall apply with respect to the report of the Export-Import Bank of the United States submitted to Congress under section 8 of the Export-Import Bank Act of 1945 (12 U.S.C. 635g) for the first year that begins after the date of the enactment of this Act.
				IIIModernization of operations
 301.Electronic payments and documentsSection 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)) is amended by adding at the end the following:

 (M)Not later than 2 years after the date of the enactment of the Export-Import Bank Reform and Reauthorization Act of 2015, the Bank shall implement policies—
 (i)to accept electronic documents with respect to transactions whenever possible, including copies of bills of lading, certifications, and compliance documents, in such manner so as not to undermine any potential civil or criminal enforcement related to the transactions; and
 (ii)to accept electronic payments in all of its programs..
 302.Reauthorization of information technology updatingSection 3(j) of the Export-Import Act of 1945 (12 U.S.C. 635a(j)) is amended— (1)in paragraph (1), in the matter preceding subparagraph (A), by striking 2012, 2013, and 2014 and inserting 2015 through 2019;
 (2)in paragraph (2)(B), by striking (I) the funds and inserting (i) the funds; and (3)in paragraph (3), by striking 2012, 2013, and 2014 and inserting 2015 through 2019.
				IVGeneral provisions
			401.Extension of authority
 (a)In generalSection 7 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f) is amended by striking 2014 and inserting 2019. (b)Dual-Use ExportsSection 1(c) of Public Law 103–428 (12 U.S.C. 635 note) is amended by striking September 30, 2014 and inserting the date on which the authority of the Export-Import Bank of the United States expires under section 7 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f).
 (c)Sub-Saharan Africa Advisory CommitteeSection 2(b)(9)(B)(iii) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(9)(B)(iii)) is amended by striking September 30, 2014 and inserting the date on which the authority of the Bank expires under section 7.
 (d)Effective dateThe amendments made by this section shall take effect on the earlier of the date of the enactment of this Act or June 30, 2015.
				402.Certain updated loan terms and amounts
 (a)Loan Terms for Medium-Term FinancingSection 2(a)(2)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(a)(2)(A)) is amended— (1)in clause (i), by striking ; and and inserting a semicolon; and
 (2)by adding at the end the following:  (iii)with principal amounts of not more than $25,000,000; and.
 (b)Competitive opportunities relating to insuranceSection 2(d)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(d)(2)) is amended by striking $10,000,000 and inserting $25,000,000. (c)Export amounts for small business loansSection 3(g)(3) of the Export-Import Bank Act of 1945 (12 U.S.C. 635a(g)(3)) is amended by striking $10,000,000 and inserting $25,000,000.
 (d)Consideration of environmental effectsSection 11(a)(1)(A) of the Export-Import Bank Act of 1945 (12 U.S.C. 635i–5(a)(1)(A)) is amended by striking $10,000,000 or more and inserting the following: $25,000,000 (or, if less than $25,000,000, the threshold established pursuant to international agreements, including the Common Approaches for Officially Supported Export Credits and Environmental and Social Due Diligence, as adopted by the Organisation for Economic Co-operation and Development Council on June 28, 2012, and the risk-management framework adopted by financial institutions for determining, assessing, and managing environmental and social risk in projects (commonly referred to as the Equator Principles)) or more.
 (e)Effective dateThe amendments made by this section shall apply with respect to fiscal year 2016 and each fiscal year thereafter.
				VOther matters

				501.
 Prohibition on discrimination based on industrySection 2 of the Export-Import Bank Act of 1945 (6 U.S.C. 635 et seq.) is amended by adding at the end the following:

					(k)Prohibition on discrimination based on industry
 (1)In generalExcept as provided in this Act, the Bank may not— (A)deny an application for financing based solely on the industry, sector, or business that the application concerns; or
 (B)promulgate or implement policies that discriminate against an application based solely on the industry, sector, or business that the application concerns.
 (2)ApplicabilityThe prohibitions under paragraph (1) apply only to applications for financing by the Bank for projects concerning the exploration, development, production, or export of energy sources and the generation or transmission of electrical power, or combined heat and power, regardless of the energy source involved..
			502.Negotiations to end export credit financing
 (a)In generalSection 11 of the Export-Import Bank Reauthorization Act of 2012 (12 U.S.C. 635a–5) is amended— (1)in subsection (a)—
 (A)in the matter preceding paragraph (1), by striking Secretary of the Treasury (in this section referred to as the Secretary) and inserting President; and (B)in paragraph (1)—
 (i)by striking (OECD) and inserting (in this section referred to as the OECD); and (ii)by striking ultimate goal of eliminating and inserting possible goal of eliminating, before the date that is 10 years after the date of the enactment of the Export-Import Bank Reform and Reauthorization Act of 2015,;
 (2)in subsection (b), by striking Secretary each place it appears and inserting President; and (3)by adding at the end the following:

 (c)Report on strategyNot later than 180 days after the date of the enactment of the Export-Import Bank Reform and Reauthorization Act of 2015, the President shall submit to Congress a proposal, and a strategy for achieving the proposal, that the United States Government will pursue with other major exporting countries, including OECD members and non-OECD members, to eliminate over a period of not more than 10 years subsidized export-financing programs, tied aid, export credits, and all other forms of government-supported export subsidies.
 (d)Negotiations with non-OECD membersThe President shall initiate and pursue negotiations with countries that are not OECD members to bring those countries into a multilateral agreement establishing rules and limitations on officially supported export credits.
 (e)Annual reports on progress of negotiationsNot later than 180 days after the date of the enactment of the Export-Import Bank Reform and Reauthorization Act of 2015, and annually thereafter through calendar year 2019, the President shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the progress of any negotiations described in subsection (d)..
 (b)Effective dateThe amendments made by paragraphs (1) and (2) of subsection (a) shall apply with respect to reports required to be submitted under section 11(b) of the Export-Import Bank Reauthorization Act of 2012 (12 U.S.C. 635a–5(b)) after the date of the enactment of this Act.
				503.Study of financing for information and communications technology systems
 (a)Analysis of information and communications technology industry use of bank productsThe Export-Import Bank of the United States (in this section referred to as the Bank) shall conduct a study of the extent to which the products offered by the Bank are available and used by companies that export information and communications technology services and related goods.
 (b)ElementsIn conducting the study required by subsection (a), the Bank shall examine the following:
 (1)The number of jobs in the United States that are supported by the export of information and communications technology services and related goods, and the degree to which access to financing will increase exports of such services and related goods.
 (2)The reduction in the financing by the Bank of exports of information and communications technology services from 2003 through 2014.
 (3)The activities of foreign export credit agencies to facilitate the export of information and communications technology services and related goods.
 (4)Specific proposals for how the Bank could provide additional financing for the exportation of information and communications technology services and related goods through risk-sharing with other export credit agencies and other third parties.
 (5)Proposals for new products the Bank could offer to provide financing for exports of information and communications technology services and related goods, including—
 (A)the extent to which the Bank is authorized to offer new products; (B)the extent to which the Bank would need additional authority to offer new products to meet the needs of the information and communications technology industry;
 (C)specific proposals for changes in law that would enable the Bank to provide increased financing for exports of information and communications technology services and related goods in compliance with the credit and risk standards of the Bank;
 (D)specific proposals that would enable the Bank to provide increased outreach to the information and communications technology industry about the products the Bank offers; and
 (E)specific proposals for changes in law that would enable the Bank to provide the financing to build information and communications technology infrastructure, in compliance with the credit and risk standards of the Bank, to allow for market access opportunities for United States information and communications technology companies to provide services on the infrastructure being financed by the Bank.
 (c)ReportNot later than 181 days after the date of the enactment of this Act, the Bank shall submit to Congress a report that contains the results of the study required by subsection (a).
	October 20, 2015Read the second time and placed on the calendar


116 HR 1380 : Big Cat Public Safety Act
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. 1380IN THE SENATE OF THE UNITED STATESDecember 7, 2020Received; read twice and referred to the Committee on Environment and Public WorksAN ACTTo amend the Lacey Act Amendments of 1981 to clarify provisions enacted by the Captive Wildlife Safety Act, to further the conservation of certain wildlife species, and for other purposes.1.Short titleThis Act may be cited as the Big Cat Public Safety Act.2.Definitions(a)In generalSection 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is amended—(1)by redesignating subsections (a) through (k) as subsections (b) through (l), respectively; and(2)by inserting before subsection (b) (as so redesignated) the following:(a)BreedThe term breed means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction..(b)Conforming amendments(1)Consolidated Farm and Rural Development ActSection 349(a)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1997(a)(3)) is amended by striking section 2(a) and inserting section 2(b).(2)Lacey Act Amendments of 1981Section 7(c) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(c)) is amended by striking section 2(f)(2)(A) and inserting section 2(g)(2)(A).3.ProhibitionsSection 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended—(1)in subsection (a)—(A)in paragraph (2)—(i)in subparagraph (A), by striking the semicolon at the end and inserting ; or;(ii)in subparagraph (B)(iii), by striking ; or and inserting a semicolon; and(iii)by striking subparagraph (C); and(B)in paragraph (4), by striking (1) through (3) and inserting (1) through (3) or subsection (e); and(2)by amending subsection (e) to read as follows:(e)Captive wildlife offense(1)In generalIt is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, or to breed or possess, any prohibited wildlife species.(2)Limitation on applicationParagraph (1) does not apply to—(A)an entity exhibiting animals to the public under a Class C license from the Department of Agriculture, or a Federal facility registered with the Department of Agriculture that exhibits animals, if such entity or facility holds such license or registration in good standing and if the entity or facility—(i)does not allow any individual to come into direct physical contact with a prohibited wildlife species, unless that individual is—(I)a trained professional employee or contractor of the entity or facility (or an accompanying employee receiving professional training);(II)a licensed veterinarian (or a veterinary student accompanying such a veterinarian); or(III)directly supporting conservation programs of the entity or facility, the contact is not in the course of commercial activity (which may be evidenced by advertisement or promotion of such activity or other relevant evidence), and the contact is incidental to humane husbandry conducted pursuant to a species-specific, publicly available, peer-edited population management and care plan that has been provided to the Secretary with justifications that the plan—(aa)reflects established conservation science principles;(bb)incorporates genetic and demographic analysis of a multi-institution population of animals covered by the plan; and(cc)promotes animal welfare by ensuring that the frequency of breeding is appropriate for the species;(ii)ensures that during public exhibition of a lion (Panthera leo), tiger (Panthera tigris), leopard (Panthera pardus), snow leopard (Uncia uncia), jaguar (Panthera onca), cougar (Puma concolor), or any hybrid thereof, the animal is at least 15 feet from members of the public unless there is a permanent barrier sufficient to prevent public contact;(B)a State college, university, or agency, or a State-licensed veterinarian;(C)a wildlife sanctuary that cares for prohibited wildlife species, and—(i)is a corporation that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code;(ii)does not commercially trade in any prohibited wildlife species, including offspring, parts, and byproducts of such animals;(iii)does not breed any prohibited wildlife species;(iv)does not allow direct contact between the public and any prohibited wildlife species; and(v)does not allow the transportation and display of any prohibited wildlife species off-site;(D)has custody of any prohibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species to a person described in this paragraph with respect to the species; or(E)an entity or individual that is in possession of any prohibited wildlife species that was born before the date of the enactment of the Big Cat Public Safety Act, and—(i)not later than 180 days after the date of the enactment of the such Act, the entity or individual registers each individual animal of each prohibited wildlife species possessed by the entity or individual with the United States Fish and Wildlife Service;(ii)does not breed, acquire, or sell any prohibited wildlife species after the date of the enactment of such Act; and(iii)does not allow direct contact between the public and prohibited wildlife species..4.Penalties(a)Civil penaltiesSection 4(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended—(1)by inserting (e), after (d),; and(2)by inserting , (e), after subsection (d).(b)Criminal penaltiesSection 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended—(1)in paragraph (1)(A), by inserting (e), after (d),;(2)in paragraph (1)(B), by inserting (e), after (d),;(3)in paragraph (2), by inserting (e), after (d),; and(4)by adding at the end the following:(4)Any person who knowingly violates subsection (e) of section 3 shall be fined not more than $20,000, or imprisoned for not more than five years, or both. Each violation shall be a separate offense and the offense is deemed to have been committed in the district where the violation first occurred, and in any district in which the defendant may have taken or been in possession of the prohibited wildlife species..5.Forfeiture of prohibited wildlife speciesSection 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3374(a)(1)) is amended by inserting bred, possessed, before imported, exported,.6.AdministrationSection 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following:(3)The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate any regulations necessary to implement section 3(e)..7.Determination of budgetary effectsThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.Passed the House of Representatives December 3, 2020.Cheryl L. Johnson,Clerk.