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Kurt Faulhammer

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  1. Kurt Faulhammer

    Miner Protection Act

    IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES Mr. Faulhammer for himself, with thanks to Mr. Manchin, Mrs. CAPITO, and Ms. CHENEY introduced the following bill; A BILL To amend the Surface Mining Control and Reclamation Act of 1977 to transfer certain funds to the 1974 United Mine Workers of America Pension Plan and to provide that an order by the Secretary of the Interior imposing a moratorium on Federal coal leasing shall not take effect unless a joint resolution of approval is enacted Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Miner Protection Act”. SEC. 2. TRANSFERS TO 1974 UMWA PENSION PLAN. (a) In General.—Subsection (i) of section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: “(4) ADDITIONAL AMOUNTS.— “(A) CALCULATION.—If the dollar limitation specified in paragraph (3)(A) exceeds the aggregate amount required to be transferred under paragraphs (1) and (2) for a fiscal year, the Secretary of the Treasury shall transfer an additional amount equal to the difference between such dollar limitation and such aggregate amount to the trustees of the 1974 UMWA Pension Plan to pay benefits required under that plan. “(B) CESSATION OF TRANSFERS.—The transfers described in subparagraph (A) shall cease as of the first fiscal year beginning after the first plan year for which the funded percentage (as defined in section 432(i)(2) of the Internal Revenue Code of 1986) of the 1974 UMWA Pension Plan is at least 100 percent, taking fully into account all outstanding liabilities for loans made pursuant to subparagraph (D). “(C) PROHIBITION ON BENEFIT INCREASES, ETC.—During a fiscal year in which the 1974 UMWA Pension Plan is receiving transfers under subparagraph (A), no amendment of such plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan may be adopted unless the amendment is required as a condition of qualification under part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986. “(D) TREATMENT OF TRANSFERS FOR PURPOSES OF WITHDRAWAL LIABILITY UNDER ERISA.—The amount of any transfer made under subparagraph (A) (and any earnings attributable thereto) shall be disregarded in determining the unfunded vested benefits of the 1974 UMWA Pension Plan and the allocation of such unfunded vested benefits to an employer for purposes of determining the employer’s withdrawal liability under section 4201 of the Employee Retirement Income Security Act of 1974. “(E) ADDITIONAL LOAN AUTHORITY.— “(i) IN GENERAL.—In addition to the amounts transferred under any provision other than this subparagraph, and without regard to the limitations described in paragraph (3), each year beginning with fiscal year 2018 the Secretary of the Treasury shall transfer to the 1974 UMWA Pension Plan as a loan the amount certified by the Trustees of the 1974 UMWA Pension Plan to be necessary to prevent the insolvency of such plan. “(ii) ANNUAL CAP.—The amount of each annual loan under clause (i) shall not exceed $600,000,000. “(iii) LOAN TERMS.— “(I) IN GENERAL.—Each such annual loan shall bear interest at the rate of 1 percent per annum, and each shall be treated as a separate loan. “(II) REPAYMENT.—For the first 10 years of each such loan, only the interest on such loan shall be repayable, and payments on the principal shall be distributed over the 30-year period beginning with the 11th year of the loan. “(III) ADDITIONAL PAYMENTS.—Notwithstanding subclauses (I) and (II), to the extent that the Trustees of the 1974 UMWA Pension Plan certify that such plan has surplus assets which are not needed to pay benefits under the plan or to ensure the future solvency of the plan, such surplus assets shall be applied towards the repayment of the oldest outstanding loan made pursuant to this subparagraph. “(IV) MAINTENANCE OF CERTAIN MEASURES UNDER REHABILITATION PLAN.—Each loan under this subparagraph shall specify as a condition of the loan that, if the 1974 UMWA Pension Plan emerges from critical status (within the meaning of section 432 of the Internal Revenue Code of 1986 and section 305 of the Employee Retirement Income Security Act of 1974), the Plan will continue to meet the requirements of section 432(b)(3) of such Code and 305(b)(3) of such Act, and the measures adopted pursuant to section 432(e)(3)(A)(ii) of such Code and section 305(e)(3)(A)(ii) of such Act will remain in place. During the period such measures are required to remain in place, sections 412(b)(3) of such Code and 302(b)(3) of such Act shall continue to apply as if the plan were still in critical status. “(iv) ANNUAL CERTIFICATION.—Each year beginning with fiscal year 2018, the Trustees of the 1974 UMWA Pension Plan shall certify the amount required to be loaned pursuant to clause (i) and the amount of any surplus assets described in clause (iii)(III). Such certification shall also include a certification that— “(I) such loan amount, in combination with future amounts available to the Plan, is projected to be sufficient to maintain indefinitely the solvency of the plan (without regard to any outstanding loan balance); and “(II) the Plan is projected to be able to repay the amount of such loan, with interest, as required under clause (iii). The preceding sentence shall not apply with respect to any year in which the amount determined by the Trustees under clause (i) is $0 and no loans under this subparagraph remain outstanding. “(v) PLAN INSOLVENCY OR DEFAULT.—If the 1974 UMWA Pension Plan becomes insolvent in any year despite receiving loan amounts under this subparagraph, or if the Plan is unable to make any payment on a loan under this subparagraph when due, employers contributing to the Plan and employer associations with members contributing to the Plan shall not be subject to any new or increased liability, including any increased fee, expense, contribution, assessment, or surcharge. “(vi) INSOLVENCY.—For purposes of this subparagraph, a plan is insolvent if the plan's available resources are not sufficient to pay benefits under the plan when due for the plan year and as projected indefinitely into future plan years, or if the plan is determined to be insolvent under section 418E(d) of the Internal Revenue Code of 1986. “(vii) INITIAL LOAN.—The first loan under this subparagraph shall be made not later than 60 days after the date of enactment of the American Miners Pension Act of 2017. “(F) ENHANCED ANNUAL REPORTING.— “(i) IN GENERAL.—Not later than the 90th day of each plan year beginning after the date of enactment of the American Miners Pension Act of 2017, the trustees of the 1974 UMWA Pension Plan shall file with the Secretary of the Treasury or the Secretary's delegate and the Pension Benefit Guaranty Corporation a report (including appropriate documentation and actuarial certifications from the plan actuary, as required by the Secretary of the Treasury or the Secretary's delegate) that contains— “(I) whether the plan is in endangered or critical status under section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 as of the first day of such plan year; “(II) the funded percentage (as defined in section 432(i)(2) of such Code) as of the first day of such plan year, and the underlying actuarial value of assets and liabilities taken into account in determining such percentage; “(III) the market value of the assets of the plan as of the last day of the plan year preceding such plan year; “(IV) the total value of all contributions made during the plan year preceding such plan year; “(V) the total value of all benefits paid during the plan year preceding such plan year; “(VI) cash flow projections for such plan year and either the 6 or 10 succeeding plan years, at the election of the trustees, and the assumptions relied upon in making such projections; “(VII) funding standard account projections for such plan year and the 9 succeeding plan years, and the assumptions relied upon in making such projections; “(VIII) the total value of all investment gains or losses during the plan year preceding such plan year; “(IX) any significant reduction in the number of active participants during the plan year preceding such plan year, and the reason for such reduction; “(X) a list of employers that withdrew from the plan in the plan year preceding such plan year, and the resulting reduction in contributions; “(XI) a list of employers that paid withdrawal liability to the plan during the plan year preceding such plan year and, for each employer, a total assessment of the withdrawal liability paid, the annual payment amount, and the number of years remaining in the payment schedule with respect to such withdrawal liability; “(XII) any material changes to benefits, accrual rates, or contribution rates during the plan year preceding such plan year; “(XIII) any scheduled benefit increase or decrease in the plan year preceding such plan year having a material effect on liabilities of the plan; “(XIV) details regarding any funding improvement plan or rehabilitation plan and updates to such plan; “(XV) the number of participants and beneficiaries during the plan year preceding such plan year who are active participants, the number of participants and beneficiaries in pay status, and the number of terminated vested participants and beneficiaries; “(XVI) the information contained on the most recent annual funding notice submitted by the plan under section 101(f) of the Employee Retirement Income Security Act of 1974; “(XVII) the information contained on the most recent Department of Labor Form 5500 of the plan; and “(XVIII) copies of the plan document and amendments, other retirement benefit or ancillary benefit plans relating to the plan and contribution obligations under such plans, a breakdown of administrative expenses of the plan, participant census data and distribution of benefits, the most recent actuarial valuation report as of the plan year, copies of collective bargaining agreements, and financial reports, and such other information as the Secretary of the Treasury or the Secretary's delegate, in consultation with the Secretary of Labor and the Director of the Pension Benefit Guaranty Corporation, may require. “(ii) ELECTRONIC SUBMISSION.—The report required under clause (i) shall be submitted electronically. “(iii) INFORMATION SHARING.—The Secretary of the Treasury or the Secretary's delegate shall share the information in the report under clause (i) with the Secretary of Labor. “(iv) PENALTY.—Any failure to file the report required under clause (i) on or before the date described in such clause shall be treated as a failure to file a report required to be filed under section 6058(a) of the Internal Revenue Code of 1986, except that section 6652(e) of such Code shall be applied with respect to any such failure by substituting ‘$100’ for ‘$25’. The preceding sentence shall not apply if the Secretary of the Treasury or the Secretary's delegate determines that reasonable diligence has been exercised by the trustees of such plan in attempting to timely file such report. “(G) 1974 UMWA PENSION PLAN DEFINED.—For purposes of this paragraph, the term ‘1974 UMWA Pension Plan’ has the meaning given the term in section 9701(a)(3) of the Internal Revenue Code of 1986, but without regard to the limitation on participation to individuals who retired in 1976 and thereafter.”. (b) Coordination With Taxation Of Unrelated Business Income.—Subparagraph (A) of section 514(c)(6) of the Internal Revenue Code of 1986 is amended— (1) by striking “or” at the end of clause (i); (2) by striking the period at the end of clause (ii)(II) and inserting “, or”; and (3) by adding at the end the following new clause: “(iii) indebtedness with respect to the 1974 UMWA Pension Plan (as defined in section 402(i)(4)(G) of the Surface Mining Control and Reclamation Act of 1977) under a loan made by the Secretary pursuant to section 402(i)(4)(E) of the Surface Mining Control and Reclamation Act of 1977.”. SEC. 3. CONGRESSIONAL APPROVAL FOR ORDER BY SECRETARY OF THE INTERIOR IMPOSING A MORATORIUM ON FEDERAL COAL LEASING. An order by the Secretary of the Interior imposing a moratorium on Federal coal leasing shall have no force or effect unless— (1) the Secretary submits to Congress the proposed order; and (2) a joint resolution that approves the order is enacted within 30 legislative days after the proposed order is received by Congress. SEC. 4. Effective date. The bill shall go into effect upon its constitutional passage.
  2. IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES Mr. Faulhammer (for himself, Mr. Wicker, Ms. Heitkamp, Mr. Boozman, Mr. Barrasso, Mr. Crapo, Mr. Franken, Ms. Hirono, Ms. Klobuchar, Mr. Manchin, Mr. Risch, Mr. Schatz, Mr. Tester, Mr. Enzi, and Mrs.Capito) introduced the following bill; A BILL To amend the Federal Water Pollution Control Act to provide for technical assistance for small treatment works. SECTION 1. SHORT TITLE. This Act may be cited as the “Small and Rural Community Clean Water Technical Assistance Act”. SEC. 2. TECHNICAL ASSISTANCE FOR SMALL TREATMENT WORKS. (a) In General.—Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the following: “SEC. 222. TECHNICAL ASSISTANCE FOR SMALL TREATMENT WORKS. “(a) Definitions.—In this section: “(1) QUALIFIED NONPROFIT SMALL TREATMENT WORKS TECHNICAL ASSISTANCE PROVIDER.—The term ‘qualified nonprofit small treatment works technical assistance provider’ means a nonprofit organization that, as determined by the Administrator— “(A) is qualified and experienced in providing training and technical assistance to small treatment works; and “(B) the small treatment works in the State finds to be the most beneficial and effective. “(2) SMALL TREATMENT WORKS.—The term ‘small treatment works’ means a publicly owned treatment works serving not more than 10,000 individuals. “(b) Technical Assistance.—The Administrator may use amounts made available to carry out this section to provide grants or cooperative agreements to qualified nonprofit small treatment works technical assistance providers to provide to owners and operators of small treatment works onsite technical assistance, circuit rider technical assistance programs, multi-State, regional technical assistance programs, and onsite and regional training, to assist the small treatment works in achieving compliance with this Act or obtaining financing under this Act for eligible projects. “(c) Authorization Of Appropriations.—There are authorized to be appropriated to carry out this section for grants for small treatment works technical assistance, $15,000,000 for each of fiscal years 2019 through 2023. “SEC. 223. TECHNICAL ASSISTANCE FOR MEDIUM TREATMENT WORKS. “(a) Definitions.—In this section: “(1) MEDIUM TREATMENT WORKS.—The term ‘medium treatment works’ means a publicly owned treatment works serving not fewer than 10,001, and not more than 75,000, individuals. “(2) QUALIFIED NONPROFIT MEDIUM TREATMENT WORKS TECHNICAL ASSISTANCE PROVIDER.—The term ‘qualified nonprofit medium treatment works technical assistance provider’ means a qualified nonprofit technical assistance provider of water and wastewater services to medium-sized communities that provides technical assistance (including circuit rider technical assistance programs, multi-State, regional assistance programs, and training and preliminary engineering evaluations) to owners and operators of medium treatment works, which may include a State agency. “(b) Technical Assistance.—The Administrator may use amounts made available to carry out this section to provide grants or cooperative agreements to qualified nonprofit medium treatment works technical assistance providers to provide to owners and operators of medium treatment works onsite technical assistance, circuit-rider technical assistance programs, multi-State, regional technical assistance programs, and onsite and regional training to assist medium treatment works that are facing difficulty in achieving compliance with this Act or obtaining financing under this Act for eligible projects. “(c) Authorization Of Appropriations.—There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 through 2023.”. (b) Water Pollution Control Revolving Loan Funds.— (1) IN GENERAL.—Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended— (A) in subsection (d)— (i) in the matter preceding paragraph (1), by inserting “and as provided in subsection (e)” after “State law”; (ii) by redesignating subsections (e) through (i) as subsections (f) through (j), respectively; and (iii) by inserting after subsection (d) the following: “(e) Additional Use Of Funds.—A State may use an additional 2 percent of the funds annually allotted to the State under this section for qualified nonprofit small treatment works technical assistance providers (as the term is defined in section 222) and qualified nonprofit medium treatment works technical assistance providers (as the term in defined in section 223) to provide technical assistance to small treatment works (as the term is defined in section 222) and medium treatment works (as the term is defined in section 223) in the State.”. (2) CONFORMING AMENDMENT.—Section 221(d) of the Federal Water Pollution Control Act (33 U.S.C. 1301(d)) is amended by striking “section 603(h)” and inserting “section 603(i)”.
  3. Mr. Lloyd presented the following; An Act to establish an uniform Rule of Naturalization. Section 1.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any alien, being a free white person,Alien whites may become citizens, and how. who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof, on application to any common law court of record, in any one of the states wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such court, that he is a person of good character, and taking the oath or affirmation prescribed by law, to support the constitution of the United States, which oath or affirmation such court shall administer; and the clerk of such court shall record such application, and the proceedings thereon; and thereupon such person shall be considered as a citizen of the United States. And the children of such persons so naturalized, dwelling within the United States, being under the age of twenty-one years at the time of such naturalization, shall also be considered as citizens of the United States. And the children of citizens of the United States, that may be born beyond sea,Also, children of citizens born beyond sea, &c. or out of the limits of the United States, shall be considered as natural born citizens: Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: Provided also, That no person heretofore proscribed by any state, shall be admitted a citizen as aforesaid, except by an act of the legislature of the state in which such person was proscribed.
  4. Kurt Faulhammer

    Faulhammer on AUMF Repeal

    Kurt Faulhammer From the Office of House Minority Leader Kurt Faulhammer On the AUMF Repeal currently being voted on in the House of Representatives I have voted yea. Under the auspices of the Authorization to Use Military Force passed shortly after 9/11 we have seen our country enter into military conflict after military conflict without any approval from Congress. Even though looking at the language of AUMF it restricts it's usage specifically to "those nations, organizations, or persons" that "planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001" that hasn't stopped executive abuse of war powers since it's inception. Under President George W. Bush and Barack Obama AUMF has been invoked over 30 times to justify military action in Afghanistan, the Philippines, Georgia, Djibouti, Kenya, Ethiopia, Eritrea, and Somalia among others. What Djibouti or the Philippines had to do with the attacks of 9/11 is beyond me. Our military trains our soldiers to be focused and disciplined, yet the politicians who send them to fight have for years ignored those traits when developing our foreign policy. All we've seen from the AUMF is trillions of dollars spent while we involve ourselves endlessly in conflict in all corners of the globe. Additionally a concerning aspect of the AUMF is it's usage to violate the sixth amendment. Section 1021 of the 2012 National Defense Authorization Act unconstitutionally declares that the 2001 Authorization for the Use of Military Force allows our Armed Forces to indefinitely detain citizens, legal residents, and foreign nationals who are alleged to have engaged in hostilities against the United States. This means U.S. citizens apprehended within the boundaries of the U.S. could be held indefinitely without trial. Giving the accused their day in court isn’t a suggestion, It’s enshrined in our Constitution as a cornerstone of our judicial system. I will be looking to introduce in the near future legislation that repeals section 1021 of the 2012 National Defense Authorization Act and I hope to see support from both parties in returning to Constitutional rule in matters of judiciary. Repealing the AUMF means restoring constitutional checks and balances. Congress has no greater responsibility than defending our country, and the Founders entrusted it with the power of declaring war because they wanted such a weighty decision to be thoroughly debated by the legislature instead of unilaterally made by the Executive branch. I hope to see the bill pass through the Senate and signed by President Fitzgerald as soon as possible. View full PR
  5. Kurt Faulhammer

    Faulhammer on AUMF Repeal

    From the Office of House Minority Leader Kurt Faulhammer On the AUMF Repeal currently being voted on in the House of Representatives I have voted yea. Under the auspices of the Authorization to Use Military Force passed shortly after 9/11 we have seen our country enter into military conflict after military conflict without any approval from Congress. Even though looking at the language of AUMF it restricts it's usage specifically to "those nations, organizations, or persons" that "planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001" that hasn't stopped executive abuse of war powers since it's inception. Under President George W. Bush and Barack Obama AUMF has been invoked over 30 times to justify military action in Afghanistan, the Philippines, Georgia, Djibouti, Kenya, Ethiopia, Eritrea, and Somalia among others. What Djibouti or the Philippines had to do with the attacks of 9/11 is beyond me. Our military trains our soldiers to be focused and disciplined, yet the politicians who send them to fight have for years ignored those traits when developing our foreign policy. All we've seen from the AUMF is trillions of dollars spent while we involve ourselves endlessly in conflict in all corners of the globe. Additionally a concerning aspect of the AUMF is it's usage to violate the sixth amendment. Section 1021 of the 2012 National Defense Authorization Act unconstitutionally declares that the 2001 Authorization for the Use of Military Force allows our Armed Forces to indefinitely detain citizens, legal residents, and foreign nationals who are alleged to have engaged in hostilities against the United States. This means U.S. citizens apprehended within the boundaries of the U.S. could be held indefinitely without trial. Giving the accused their day in court isn’t a suggestion, It’s enshrined in our Constitution as a cornerstone of our judicial system. I will be looking to introduce in the near future legislation that repeals section 1021 of the 2012 National Defense Authorization Act and I hope to see support from both parties in returning to Constitutional rule in matters of judiciary. Repealing the AUMF means restoring constitutional checks and balances. Congress has no greater responsibility than defending our country, and the Founders entrusted it with the power of declaring war because they wanted such a weighty decision to be thoroughly debated by the legislature instead of unilaterally made by the Executive branch. I hope to see the bill pass through the Senate and signed by President Fitzgerald as soon as possible.
  6. Kurt Faulhammer From the Office of House Minority Leader Kurt Faulhammer On both the Respect State's and Citizens's Rights Act of 2019 and the Ending Federal Marijuana Prohibition Act I have recently voted yea on both pieces of legislation. Quinnipac polling shows that 63% of New Yorkers agree with marijuana legalization. A 2017 Gallup poll showed that 64% of Americans support legalization with for the first time a slight majority of 51% of Republicans included in that total. That number of Republicans just the year prior was at 42%. This is something the public overwhelmingly wants and I am in agreement with those of the opinion of legalizing marijuana. To fears that with legalization we will see a massive uptick in drug usage I refer individuals to a working paper by researchers from the Consumer Financial Protection Bureau, Harvard University, and Western Carolina University. Based on an ongoing study that began in 1975 they've found that marijuana legalization laws have had a minimal impact on use of the drug, other substances, alcohol consumption, or crime rates. Statistically speaking it's already demonstrable that there will be little of any difference. What we do know is that legalization economically can be very beneficial. New Frontier Data projects that by the year 2020 the legal marijuana industry will create 300,000 jobs and that is with only 7 states currently with legal recreational use. That is job growth stronger than manufacturing. Imagine now if you will all of the United States had legal recreation use. The job growth from the legal marijuana industry would likely be hundreds of thousands more than that 300,000 prediction. With fears of automation looming on the minds of many Americans legalization of marijuana can be a new potential avenue of security in employment for many families all across the country. If we were to legalize the marijuana industry at this point it time we could very likely become a global leader in it's production and bring great wealth to this country. Lastly with marijuana legalization we can begin to make up for the disastrous war on drugs. According to findings by the ACLU between 2000 and 2010 there have been over 8 million arrests over marijuana which has sent thousands of non-violent offenders to prison. We spend around $3.6 billion a year enforcing marijuana laws with no demonstrable reduction in usage. Despite roughly equal usage among white and black Americans we've seen disparate outcomes for blacks being arrested 3.73 times more for marijuana possession than whites. The war on drugs has caused a lot of harm to this country and legalization is a step in the right direction to stop these futile effort to stop marijuana usage. When I was Speaker I never bothered with pro-marijuana legislation because I knew President Macmillan was strongly against doing so. Speaker Knox must know something I don't about President Fitzgerald's stance on the matter to be moving forward with legislation like these two bills but if indeed the President is open to signing these bills then it is a celebrated action for him to be taking. View full PR
  7. From the Office of House Minority Leader Kurt Faulhammer On both the Respect State's and Citizens's Rights Act of 2019 and the Ending Federal Marijuana Prohibition Act I have recently voted yea on both pieces of legislation. Quinnipac polling shows that 63% of New Yorkers agree with marijuana legalization. A 2017 Gallup poll showed that 64% of Americans support legalization with for the first time a slight majority of 51% of Republicans included in that total. That number of Republicans just the year prior was at 42%. This is something the public overwhelmingly wants and I am in agreement with those of the opinion of legalizing marijuana. To fears that with legalization we will see a massive uptick in drug usage I refer individuals to a working paper by researchers from the Consumer Financial Protection Bureau, Harvard University, and Western Carolina University. Based on an ongoing study that began in 1975 they've found that marijuana legalization laws have had a minimal impact on use of the drug, other substances, alcohol consumption, or crime rates. Statistically speaking it's already demonstrable that there will be little of any difference. What we do know is that legalization economically can be very beneficial. New Frontier Data projects that by the year 2020 the legal marijuana industry will create 300,000 jobs and that is with only 7 states currently with legal recreational use. That is job growth stronger than manufacturing. Imagine now if you will all of the United States had legal recreation use. The job growth from the legal marijuana industry would likely be hundreds of thousands more than that 300,000 prediction. With fears of automation looming on the minds of many Americans legalization of marijuana can be a new potential avenue of security in employment for many families all across the country. If we were to legalize the marijuana industry at this point it time we could very likely become a global leader in it's production and bring great wealth to this country. Lastly with marijuana legalization we can begin to make up for the disastrous war on drugs. According to findings by the ACLU between 2000 and 2010 there have been over 8 million arrests over marijuana which has sent thousands of non-violent offenders to prison. We spend around $3.6 billion a year enforcing marijuana laws with no demonstrable reduction in usage. Despite roughly equal usage among white and black Americans we've seen disparate outcomes for blacks being arrested 3.73 times more for marijuana possession than whites. The war on drugs has caused a lot of harm to this country and legalization is a step in the right direction to stop these futile effort to stop marijuana usage. When I was Speaker I never bothered with pro-marijuana legislation because I knew President Macmillan was strongly against doing so. Speaker Knox must know something I don't about President Fitzgerald's stance on the matter to be moving forward with legislation like these two bills but if indeed the President is open to signing these bills then it is a celebrated action for him to be taking.
  8. Kurt Faulhammer From the Office of House Minority Leader Kurt Faulhammer As prescribed by the Constitution only states can have US senators. The legislation sponsored by Mr. John Alexander of Colorado would give Washington DC two US senators without becoming a state as well as voting representation in the House of Representatives. This is an unconstitutional piece of legislation that wouldn't hold up in court. For Washington DC to be eligible for US senators they would have to become a state which would require Constitutional amendment to happen and cannot solely be done by Congress. Specifically Article I and the 23rd amendment of the Constitution would have to be amended. This was made very clear in the case of Adams v. Clinton in 2000 in which the D.C. Court of Appeals found that legislative efforts to allow for Washington DC to have voting representation in Congress were unconstitutional and Constitutional amendment was required. This result was by unanimous decision of the three judge panel. Mr. Alexander and the bill's lone co-signer Karl Cox are not strangers to pushing an unconstitutional agenda, both were supporters of the "Joint Resolution to condemn the Alt Right" sponsored by the currently under investigation for campaign fraud Calvin Ward prior to any amendment made to address the piece of legislation's unconstitutional demand on not seating elected representatives on the basis of ideology. Mr. Cox even complained to the public about opposition to the bill prior to amendment being made. They both would have been more than happy to pass by unanimous consent unconstitutional legislation, but that is not fine with me. I was the individual on the House floor that raised the concerns of Constitutionality on that bill which lead to amendment to remove the unconstitutional language and I will continue to object to every new unconstitutional piece of legislation that is pushed. The radical unconstitutional agenda pushed by Congressional Democrats demonstrates to us that they are still a party struggling with abiding by the law as written and hasn't changed from the party in defiance of the law that we saw during the 2018 midterms. If Speaker Knox wants to uphold the Constitution like he has said he wants to then Mr. Alexander's No Taxation Without Representation Act of 2019 should never see the House floor. View full PR
  9. From the Office of House Minority Leader Kurt Faulhammer As prescribed by the Constitution only states can have US senators. The legislation sponsored by Mr. John Alexander of Colorado would give Washington DC two US senators without becoming a state as well as voting representation in the House of Representatives. This is an unconstitutional piece of legislation that wouldn't hold up in court. For Washington DC to be eligible for US senators they would have to become a state which would require Constitutional amendment to happen and cannot solely be done by Congress. Specifically Article I and the 23rd amendment of the Constitution would have to be amended. This was made very clear in the case of Adams v. Clinton in 2000 in which the D.C. Court of Appeals found that legislative efforts to allow for Washington DC to have voting representation in Congress were unconstitutional and Constitutional amendment was required. This result was by unanimous decision of the three judge panel. Mr. Alexander and the bill's lone co-signer Karl Cox are not strangers to pushing an unconstitutional agenda, both were supporters of the "Joint Resolution to condemn the Alt Right" sponsored by the currently under investigation for campaign fraud Calvin Ward prior to any amendment made to address the piece of legislation's unconstitutional demand on not seating elected representatives on the basis of ideology. Mr. Cox even complained to the public about opposition to the bill prior to amendment being made. They both would have been more than happy to pass by unanimous consent unconstitutional legislation, but that is not fine with me. I was the individual on the House floor that raised the concerns of Constitutionality on that bill which lead to amendment to remove the unconstitutional language and I will continue to object to every new unconstitutional piece of legislation that is pushed. The radical unconstitutional agenda pushed by Congressional Democrats demonstrates to us that they are still a party struggling with abiding by the law as written and hasn't changed from the party in defiance of the law that we saw during the 2018 midterms. If Speaker Knox wants to uphold the Constitution like he has said he wants to then Mr. Alexander's No Taxation Without Representation Act of 2019 should never see the House floor.
  10. Kurt Faulhammer

    Truboenski Meet and Greet In Cedar Rapids

    Mr. Truboenski, If this were the case then why have the Democrats lost seats in the Senate?
  11. Kurt Faulhammer

    Kazakhstan

    Ukraine opposes sanctions with Kazakhstan as they are a major trade partner of ours and we would be affected by the sanctions
  12. Kurt Faulhammer

    VOTE: H 1-6. Crimes Act of 1789

    Mr. Lloyd presented the following; An Act for the Punishment of certain Crimes against the United States. Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any person or persons, owing allegiance to the United States of America, shall levy war against them, or shall adhere to their enemies, giving them aid and comfort within the United States or elsewhere, and shall be thereof convicted, on confession in open court, or on the testimony of two witnesses to the same overt act of the treason whereof he or they shall stand indicted, such person or persons shall be adjudged guilty of treason against the United States, and shall suffer death.[1] Sec. 2. And be it [further] enacted, That if any person or persons, having knowledge of the commission of any of the treasons aforesaid, shall conceal and not as soon as may be disclose and make known the same to the President of the United States, or some one of the judges thereof, or to the president or governor of a particular state, or some one of the judges or justices thereof, such person or persons on conviction shall be adjudged guilty of misprision of treason, and shall be imprisoned not exceeding seven years, and fined not exceeding one thousand dollars. Sec. 3. And be it [further] enacted, That if any person or persons shall, within any fort, arsenal, dock-yard, magazine, or in any other place or district of country, under the sole and exclusive jurisdiction of the United States, commit the crime of wilful murder, such person or persons on being thereof convicted shall suffer death. Sec. 4. And be it also enacted, That the court before whom any person shall be convicted of the crime of murder, for which he or she shall be sentenced to suffer death, may at their discretion, add to the judgment, that the body of such offender shall be delivered to a surgeon for dissection; and the marshal who is to cause such sentence to be executed, shall accordingly deliver the body of such offender, after execution done, to such surgeon as the court shall direct, for the purpose aforesaid: Provided, That such surgeon, or some other person by him appointed for the purpose, shall attend to receive and take away the dead body at the time of the execution of such offender. Sec. 5. And be it further enacted, That if any person or persons shall, after such execution had, by force rescue or attempt to rescue the body of such offender out of the custody of the marshal or his officers, during the conveyance of such body to any place for dissection as aforesaid; or shall by force rescue or attempt to rescue such body from the house of any surgeon, where the same shall have been deposited in pursuance of this act; every person so offending, shall be liable to a fine not exceeding one hundred dollars, and an imprisonment not exceeding twelve months. Sec. 6. And be it [further] enacted, That if any person or persons having knowledge of the actual commission of the crime of wilful murder or other felony, upon the high seas, or within any fort, arsenal, dock-yard, magazine, or other place or district of country, under the sole and exclusive jurisdiction of the United States, shall conceal, and not as soon as may be disclose and make known the same to some one of the judges or other persons in civil or military authority under the United States, on conviction thereof, such person or persons shall be adjudged guilty of misprision of felony, and shall be imprisoned not exceeding three years, and fined not exceeding five hundred dollars. Sec. 7. And be it [further] enacted, That if any person or persons shall within any fort, arsenal, dock-yard, magazine, or other place or district of country, under the sole and exclusive jurisdiction of the United States, commit the crime of manslaughter, and shall be thereof convicted, such person or persons shall be imprisoned not exceeding three years, and fined not exceeding one thousand dollars. Sec. 8. And be it [further] enacted, That if any person or persons shall commit upon the high seas, or in any river, haven, basin or bay, out of the jurisdiction of any particular state, murder or robbery, or any other offence which if committed within the body of a county, would by the laws of the United States be punishable with death; or if any captain or mariner of any ship or other vessel, shall piratically and feloniously run away with such ship or vessel, or any goods or merchandise to the value of fifty dollars, or yield up such ship or vessel voluntarily to any pirate; or if any seaman shall lay violent hands upon his commander, thereby to hinder and prevent his fighting in defence of his ship or goods committed to his trust, or shall make a revolt in the ship; every such offender shall be deemed, taken and adjudged to be a pirate and felon, and being thereof convicted, shall suffer death; and the trial of crimes committed on the high seas, or in any place out of the jurisdiction of any particular state, shall be in the district where the offender is apprehended, or into which he may first be brought. Sec. 9. And be it [further] enacted, That if any citizen shall commit any piracy or robbery aforesaid, or any act of hostility against the United States, or any citizen thereof, upon the high sea, under colour of any commission from any foreign prince, or state, or on pretence of authority from any person, such offender shall, notwithstanding the pretence of any such authority, be deemed, adjudged and taken to be a pirate, felon, and robber, and on being thereof convicted shall suffer death. Sec. 10. And be it [further] enacted, That every person who shall, either upon the land or the seas, knowingly and wittingly aid and assist, procure, command, counsel or advise any person or persons, to do or commit any murder or robbery, or other piracy aforesaid, upon the seas, which shall affect the life of such person, and such person or persons shall thereupon do or commit any such piracy or robbery, then all and every such person so as aforesaid aiding, assisting, procuring, commanding, counselling or advising the same, either upon the land or the sea, shall be, and they are hereby declared, deemed and adjudged to be accessary to such piracies before the fact, and every such person being thereof convicted shall suffer death. Sec. 11. And be it [further] enacted, That after any murder, felony, robbery, or other piracy whatsoever aforesaid, is or shall be committed by any pirate or robber, every person who knowing that such pirate or robber has done or committed any such piracy or robbery, shall on the land or at sea receive, entertain or conceal any such pirate or robber, or receive or take into his custody any ship, vessel, goods or chattels, which have been by any such pirate or robber piratically and feloniously taken, shall be, and are hereby declared, deemed and adjudged to be accessary to such piracy or robbery, after the fact; and on conviction thereof, shall be imprisoned not exceeding three years, and fined not exceeding five hundred dollars. Sec. 12. And be it [further] enacted, That if any seaman or other person shall commit manslaughter upon the high seas, or confederate, or attempt or endeavour to corrupt any commander, master, officer or mariner, to yield up or to run away with any ship or vessel, or with any goods, wares, or merchandise, or to turn pirate, or to go over to or confederate with pirates, or in any wise trade with any pirate knowing him to be such, or shall furnish such pirate with any ammunition, stores or provisions of any kind, or shall fit out any vessel knowingly and with a design to trade with or supply or correspond with any pirate or robber upon the seas; or if any person or persons shall any ways consult, combine, confederate or correspond with any pirate or robber on the seas, knowing him to be guilty of any such piracy or robbery; or if any seaman shall confine the master of any ship or other vessel, or endeavour to make a revolt in such ship; such person or persons so offending, and being thereof convicted, shall be imprisoned not exceeding three years, and fined not exceeding one thousand dollars. Sec. 13. And be it [further] enacted, That if any person or persons, within any of the places upon the land under the sole and exclusive jurisdiction of the United States, or upon the high seas, in any vessel belonging to the United States, or to any citizen or citizens thereof, on purpose and of malice aforethought, shall unlawfully cut off the ear or ears, or cut out or disable the tongue, put out an eye, slit the nose, cut off the nose or a lip, or cut off or disable any limb or member of any person, with intention in so doing to maim or disfigure such person in any the manners before mentioned, then and in every such case the person or persons so offending, their counsellors, aiders and abettors (knowing of and privy to the offence aforesaid) shall on conviction, be imprisoned not exceeding seven years, and fined not exceeding one thousand dollars. Sec. 14. And be it [further] enacted, That if any person or persons shall falsely make, alter, forge or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or willingly act or assist in the false making, altering, forging or counterfeiting any certificate, indent, or other public security of the United States, or shall utter, put off, or offer, or cause to be uttered, put off, or offered in payment or for sale any such false, forged, altered or counterfeited certificate, indent or other public security, with intention to defraud any person, knowing the same to be false, altered, forged or counterfeited, and shall be thereof convicted, every such person shall suffer death. Sec. 15. And be it [further] enacted, That if any person shall feloniously steal, take away, alter, falsify, or otherwise avoid any record, writ, process, or other proceedings in any of the courts of the United States, by means whereof any judgment shall be reversed, made void, or not take effect, or if any person shall acknowledge or procure to be acknowledged in any of the courts aforesaid, any recognizance, bail or judgment, in the name or names of any other person or persons not privy or consenting to the same, every such person or persons on conviction thereof; shall be fined not exceeding five thousand dollars, or be imprisoned not exceeding seven years, and whipped not exceeding thirty-nine stripes. Provided nevertheless, That this act shall not extend to the acknowledgment of any judgment or judgments by any attorney or attorneys, duly admitted for any person or persons against whom any such judgment or judgments shall be had or given. Sec. 16. And be it [further] enacted, That if any person within any of the places under the sole and exclusive jurisdiction of the United States, or upon the high seas, shall take and carry away, with an intent to steal or purloin the personal goods of another; or if any person or persons, having at any time hereafter the charge or custody of any arms, ordnance, munition, shot, powder, or habiliments of war belonging to the United States, or of any victuals provided for the victualing of any soldiers, gunners, marines or pioneers, shall for any lucre or gain, or wittingly, advisedly, and of purpose to hinder or impede the service of the United States, embezzle, purloin or convey away any of the said arms, ordnance, munition, shot or powder, habiliments of war, or victuals, that then and in every of the cases aforesaid, the person or persons so offending, their counsellors, aiders and abettors (knowing of and privy to the offences aforesaid) shall, on conviction, be fined not exceeding the fourfold value of the property so stolen, embezzled or purloined; the one moiety to be paid to the owner of the goods, or the United States, as the case may be, and the other moiety to the informer and prosecutor, and be publicly whipped, not exceeding thirty-nine stripes. Sec. 17. And be it further enacted, That if any person or persons, within any part of the jurisdiction of the United States as aforesaid, shall receive or buy any goods or chattels that shall be feloniously taken or stolen from any other person, knowing the same to be stolen, or shall receive, harbour or conceal any felons or thieves, knowing them to be so, he or they being of either of the said offences legally convicted, shall be liable to the like punishments as in the case of larceny before are prescribed. Sec. 18. And be it [further] enacted, That if any person shall wilfully and corruptly commit perjury, or shall by any means procure any person to commit corrupt and wilful perjury, on his or her oath or affirmation in any suit, controversy, matter or cause depending in any of the courts of the United States, or in any deposition taken pursuant to the laws of the United States, every person so offending, and being thereof convicted, shall be imprisoned not exceeding three years, and fined not exceeding eight hundred dollars; and shall stand in the pillory for one hour, and be thereafter rendered incapable of giving testimony in any of the courts of the United States, until such time as the judgment so given against the said offender shall be reversed. Sec. 19. And be it [further] enacted, That in every presentment or indictment to be prosecuted against any person for wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what court, or before whom the oath or affirmation was taken, (averring such court, or person or persons to have a competent authority to administer the same) together with the proper averment or averments to falsify the matter or matters wherein the perjury or perjuries is or are assigned; without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding, either in law or equity, other than as aforesaid, and without setting forth the commission or authority of the court, or person or persons before whom the perjury was committed. Sec. 20. And be it further enacted, That in every presentment or indictment for subornation of perjury, or for corrupt bargaining or contracting with others to commit wilful and corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding, either in law or equity, and without setting forth the commission or authority of the court, or person or persons before whom the perjury was committed, or was agreed or promised to be committed. Sec. 21. And be it [further] enacted, That if any person shall, directly or indirectly, give any sum or sums of money, or any other bribe, present or reward, or any promise, contract, obligation or security, for the payment or delivery of any money, present or reward, or any other thing to obtain or procure the opinion, judgment or decree of any judge or judges of the United States, in any suit, controversy, matter or cause depending before him or them, and shall be thereof convicted, such person or persons so giving, promising, contracting or securing to be given, paid or delivered, any sum or sums of money, present, reward or other bribe as aforesaid, and the judge or judges who shall in any wise accept or receive the same, on conviction thereof shall be fined and imprisoned at the discretion of the court; and shall forever be disqualified to hold any office of honour, trust or profit under the United States. Sec. 22. And be it [further] enacted, That if any person or persons shall knowingly and wilfully obstruct, resist or oppose any officer of the United States, in serving or attempting to serve or execute any mesne process, or warrant, or any rule or order of any of the courts of the United States, or any other legal or judicial writ or process whatsoever, or shall assault, beat or wound any officer, or other person duly authorized, in serving or executing any writ, rule, order, process or warrant aforesaid, every person so knowingly and wilfully offending in the premises, shall, on conviction thereof, be imprisoned not exceeding twelve months, and fined not exceeding three hundred dollars. Sec. 23. And be it further enacted, That if any person or persons shall by force set at liberty, or rescue any person who shall be found guilty of treason, murder, or any other capital crime, or rescue any person convicted of any of the said crimes, going to execution, or during execution, every person so offending, and being thereof convicted, shall suffer death. And if any person shall by force set at liberty, or rescue any person who before conviction shall stand committed for any of the capital offences aforesaid; or if any person or persons shall by force set at liberty, or rescue any person committed for or convicted of any other offence against the United States, every person so offending shall, on conviction, be fined not exceeding five hundred dollars, and imprisoned not exceeding one year. Sec. 24. Provided always, and be it enacted, That no conviction or judgment for any of the offences aforesaid, shall work corruption of blood, or any forfeiture of estate. Sec. 25. And be it [further] enacted, That if any writ or process shall at any time hereafter be sued forth or prosecuted by any person or persons, in any of the courts of the United States, or in any of the courts of a particular state, or by any judge or justice therein respectively, whereby the person of any ambassador or other public minister of any foreign prince or state, authorized and received as such by the President of the United States, or any domestic or domestic servant of any such ambassador or other public minister, may be arrested or imprisoned, or his or their goods or chattels be distrained, seized or attached, such writ or process shall be deemed and adjudged to be utterly null and void to all intents, construction and purposes whatsoever. Sec. 26. And be it [further] enacted, That in case any person or person shall sue forth or prosecute any such writ or process, such person or persons, and all attorneys or solicitors prosecuting or soliciting in such case, and all officers executing any such writ or process, being thereof convicted, shall be deemed violaters of the laws of nations, and disturbers of the public repose, and imprisoned not exceeding three years, and fined at the discretion of the court. Sec. 27. Provided nevertheless, That no citizen or inhabitant of the United States, who shall have contracted debts prior to his entering into the service of any ambassador or other public minister, which debts shall be still due and unpaid, shall have, take or receive any benefit of this act; nor shall any person be proceeded against by virtue of this act, for having arrested or sued any other domestic servant of any ambassador or other public minister, unless the name of such servant be first registered in the office of the Secretary of State, and by such secretary transmitted to the marshal of the district in which Congress shall reside, who shall upon receipt thereof affix the same in some public place in his office, whereto all persons may resort and take copies without fee or reward. Sec. 28. And be it [further] enacted, That if any person shall violate any safe-conduct or passport duly obtained and issued under the authority of the United States, or shall assault, strike, wound, imprison, or in any other manner infract the law of nations, by offering violence to the person of an ambassador or other public minister, such person so offending, on conviction, shall be imprisoned not exceeding three years, and fined at the discretion of the court. Sec. 29. And be it [further] enacted, That any person who shall be accused and indicted of treason, shall have a copy of the indictment, and a list of the jury and witnesses, to be produced on the trial for proving the said indictment, mentioning the names and places of abode of such witnesses and jurors, delivered unto him at least three entire days before he shall be tried for the same; and in other capital offences, shall have such copy of the indictment and list of the jury two entire days at least before the trial: And that every person so accused and indicted for any of the crimes aforesaid, shall also be allowed and admitted to make his full defence by counsel learned in the law; and the court before whom such person shall be tried, or some judge thereof, shall, and they are hereby authorized and required immediately upon his request to assign to such person such counsel, not exceeding two, as such person shall desire, to whom such counsel shall have free access at all seasonable hours; and every such person or persons accused or indicted of the crimes aforesaid, shall be allowed and admitted in his said defence to make any proof that he or they can produce, by lawful witness or witnesses, and shall have the like process of the court where he or they shall be tried, to compel his or their witnesses to appear at his or their trial, as is usually granted to compel witnesses to appear on the prosecution against them. Sec. 30. And be it further enacted, That if any person or persons be indicted of treason against the United States, and shall stand mute or refuse to plead, or shall challenge peremptorily above the number of thirty-five of the jury; or if any person or persons be indicted of any other of the offences herein before set forth, for which the punishment is declared to be death, if he or they shall also stand mute or will not answer to the indictment, or challenge peremptorily above the number of twenty persons of the jury; the court, in any of the cases aforesaid, shall notwithstanding proceed to the trial of the person or persons so standing mute or challenging, as if he or they had pleaded not guilty, and render judgment thereon accordingly. Sec. 31. And be it further enacted,That the benefit of clergy shall not be used or allowed, upon conviction of any crime, for which, by any statute of the United States, the punishment is or shall be declared to be death. Sec. 32. And be it further enacted, That no person or persons shall be prosecuted, tried or punished for treason or other capital offence aforesaid, wilful murder or forgery excepted, unless the indictment for the same shall be found by a grand jury within three years next after the treason or capital offence aforesaid shall be done or committed; nor shall any person be prosecuted, tried or punished for any offence, not capital, nor for any fine or forfeiture under any penal statute, unless the indictment or information for the same shall be found or instituted within two years from the time of committing the offence, or incurring the fine or forfeiture aforesaid: Provided, That nothing herein contained shall extend to any person or persons fleeing from justice. Sec. 33. And be it further enacted, That the manner of inflicting the punishment of death, shall be by hanging the person convicted by the neck until dead. Section 1: The crime of treason against the United States of America shall be punished by death. Sec. 2: Anyone found guilty of concealing knowledge of treason or not making their knowledge of such treason to the President of the United States or an applicable judge, justice, or governor, as previously stated, shall be imprisoned for not more than seven years and fined not more than one thousand dollars. Sec. 3: Anyone found guilty of murder with any United States fort, arsenal, dock-yard, or any place under the sole jurisdiction of the United States shall be punished by death. Sec. 4: Anyone convicted for the crime of murder and sentenced to death may have their body delivered to a surgeon for dissection. That surgeon, or someone appointed by the surgeon, must take the dead body at the time of the execution of the murderer. Sec. 5: Any person attempting to steal the body of a person executed for the crime of murder shall pay a fine not more than one hundred dollars and be imprisoned for not more than twelve months. Sec. 6: Any person found guilty of concealing their knowledge of a crime of murder or another felony upon the high seas or within any place under the sole jurisdiction of the United States shall be imprisoned for not more than three years and fined not more than five hundred dollars. Sec. 7: The crime of manslaughter within any fort or place under the sole jurisdiction of the United States shall be imprisoned for not more than three years and fined not more than one thousand dollars. Sec. 8: The crime of murder or robbery upon the high seas or any body of water out of the jurisdiction of a particular state shall be punishable by death. Similarly, the crimes of mutiny and piracy shall be punishable by death. Sec. 9: Piracy conducted while under the commission of any foreign nation or similar pretense shall be punishable by death. Sec. 10: Anyone convicted for knowingly aiding any person in the commission of murder or robbery upon the seas, or of piracy, shall be deemed any accessory to those piracy before the fact and punishable by death. Sec. 11: Anyone knowing of piracy or robbery upon the high seas and who conceals such pirates or robbers shall be deemed an accessory after the fact and punishable by imprisonment not more than three years and fined not more than five hundred dollars. Sec. 12: Anyone who commits manslaughter upon the high seas, or seeks to corrupt fellow members of his crew to commit mutiny or theft of wares or supplies on their vessal, or corresponds with any pirate or robber on the seas, shall be imprisoned not more than three years and fined not more than one thousand dollars. Sec. 13: Anyone on land under the sole jurisdiction of the United States, or upon the high seas in any vessel belonging to the United States, or to any citizen of the United States, who shall unlawfully dismember or disfigure or disable any person, shall be imprisioned not more than seven years and fined not more than one thousand dollars. Sec. 14: Forgery or counterfeiting of any certificate or public security of the United States, or offering the sale of any such forgeries or counterfeits, with the intention of defrauding any prson shall be punishable by death. Sec. 15: Theft, alteration, falsification, or avoidance of any records or proceeding in any court of the United States shall be fined not more than five thousand dollars, imprisoned for not more than seven years, and whipped not more than thirty-nine times. Sec. 16: Theft of personal items upon the high seas or within areas under the sole jurisdiction of the United States shall be fined not more than four times the value of the property stolen and publicly whipped not more than thirty-nine times. Sec. 17: Knowingly receiving or purchasing stolen goods, or harboring or concealing the same felons or thieves, shall be punishable in the same manner as in section 16. Sec. 18: Willful perjury or corruption of another to commit perjury in any of the courts of the United States, shall be imprisoned for not more than three years and fined for not more than eight hundred dollars. Sec. 19: Perjury shall require not require making public any secret information that the court or person against whom perjury was committed. Sec. 20: In the cases of perjury, the court or identity of whom perjury was committed against shall not be required to be made public. Sec. 21: Bribery of judges of the United States in any matter before that judge, or any judge who accepts such bribes, shall be fined and imprisoned at the discretion of the court. Shall persons shall be disqualified to hold any office under the United States. Sec. 22: Obstruction of an officer of the United States in the course of serving a warrant or other court order shall be punishable by imprisonment not exceeding twelve months and fined not excessing three hundred dollars. Sec. 23: Any person who aids in the escape of any person convicted of murder, treason, or other capital crime, shall be punishable by death. Any person who aids in the escape of any person prior to a conviction of murder, treason, or other capital crime shall be punishable by imprisonment not exceeding one year and fined not more than five hundred dollars. Sec. 24: No conviction or judgement in any of the previously mentioned sections shall result in the corruption of blood or any forfeiture of estate. Sec. 25: Foreign diplomats, officials, and those working for them shall enjoy diplomatic immunity in the United States. Sec. 26: Any person or attorney bringing suit against such diplomats or officials shall be in violation of the laws of nations and imprisoned not more than three years and fined at the discretion of the court. Sec. 27: No citizen or inhabitant of the United States shall have unpaid debts prior to entering into the service as an ambassador or servant of an ambassador, or any other public minister unless that person name is registered in the office of the Secretary of State who will make the names of those same people publicly available. Sec. 28. Violation of the safe-conduct or passport issued by the United States, or commit violence against an ambassador or other public minister, shall be punished by imprisonment not more than three years and fined at the discretion of the court. Sec. 29: Any person accused and indicted of treason shall have a copy of the indictment and a list of the jury and witnesses provided to the accused at the court. Every person so accused shall be allowed full defense by qualified councilors, not more than two, upon the accused’s request. Sec. 30: Any person indicted of treason who stands mute or refuses to plead or peremptorily challenges over thirty-five members of the jury shall be considered to have entered a plea of not guilty. The same shall hold true for those indicted of any other capital crimes. Sec. 31: The benefit of clergy shall not be permitted for any crime by any statute of the United States under which the punishment is declared to be death. Sec. 32: There will be no statute of limitations for willful murder or forgery nor for fugitives of justice. A statute of limitations of three years shall exist for other capital crimes. A statute of limitations of two years shall exist for other non-capital crimes. Sec. 33: The punishment of death shall be inflicted upon the convicted by hanging by the neck until dead.
  13. Kurt Faulhammer

    Joint Resolution on Term Limits Amendment

    Mr. Faulhammer, with thanks to Mr. Cruz, submit A JOINT RESOLUTION Proposing an amendment to the Constitution of the United States relative to limiting the number of terms that a Member of Congress may serve. SECTION 1. SHORT TITLE. This joint resolution may be cited as the "Joint Resolution on Term Limits Amendment" SECTION 2. RESOLUTION. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission by the Congress: “Article  — “Section 1. No person who has served 6 terms as a Representative shall be eligible for election to the House of Representatives. For purposes of this section, the election of a person to fill a vacancy in the House of Representatives shall be included as 1 term in determining the number of terms that such person has served as a Representative if the person fills the vacancy for more than 1 year. “Section 2. No person who has served 2 terms as a Senator shall be eligible for election or appointment to the Senate. For purposes of this section, the election or appointment of a person to fill a vacancy in the Senate shall be included as 1 term in determining the number of terms that such person has served as a Senator if the person fills the vacancy for more than 3 years. “Section 3. No term beginning before the date of the ratification of this article shall be taken into account in determining eligibility for election or appointment under this article.”. PES: This joint resolution proposes a constitutional amendment limiting Members of the House of Representatives to six terms and Members of the Senate to two terms.
  14. Kurt Faulhammer

    Labradoodle PC

    Another question Mr. Labradoodle if you will, how do you feel about the progress on anti-corruption legislation being passed in the House now with the Democrats being in the Majority? Is Speaker Knox doing a good job to you of instilling trust back into the public over political legitimacy after such contentious issues of corruption with the special prosecutor being appointed by President Fitzgerald?
  15. Kurt Faulhammer

    ENOUGH Act of 2019

    CS
  16. Kurt Faulhammer

    Labradoodle PC

    Mr. Labradoodle, Brandon Cooper of America First Media, In recent Gallup polling you were considered a contender for being the next Republican Presidential nominee for 2020. With this run for Senate it's safe to assume Presidential ambitions are postponed for you at the moment. Did you ever consider running for President and who do you believe should be the Republican Presidential nominee for 2020?
  17. Kurt Faulhammer From the Office of House Minority Leader Kurt Faulhammer The American Renewable Fuel and Job Creation Act extends the important clean-fuel biodisel tax incentive and reforms the incentive by transferring the credit from the blenders to the producers of biofuels. The switch ensures that the tax credit incentivizes domestic production and taxpayers aren’t subsidizing imported fuel. Since 2014, biofuels imports have increased from 510 million gallons to about one billion gallons in 2016. In many cases, foreign biodiesel benefits both from the existing tax credit and from additional foreign subsidies, which makes it difficult for domestic biodiesel facilities to compete. In 2015 alone, the U.S. Treasury spent more than $600 million on tax credits for imported biodiesel and renewable diesel. This bill will help the industry grow to its full potential. Modifying the credit is estimated to have little to no impact on the consumer. Much of the credit would continue to be passed on to the blender and ultimately, the consumer. Additionally, the U.S. biodiesel industry is currently operating at approximately 65 percent of capacity. The domestic biodiesel industry has the capacity and access to affordable feedstocks to meet the demand of U.S. consumers, the senators said. In 2005, Congress created the biodiesel tax incentive. As a result of this incentive, the Renewable Fuel Standard, and consumer interest, biodiesel is providing significant benefits to the nation. Domestic biodiesel production supports tens of thousands of jobs. Replacing traditional diesel with biodiesel reduces emissions and creates cleaner air. Homegrown biodiesel improves U.S. energy security by diversifying transportation fuels and reducing dependence on foreign oil. Biodiesel itself is a diverse fuel that can be produced from a wide array of resources such as recycled cooking oil, soybean and other plant oils and animal fats. U.S. tax policy should support U.S. products and U.S. jobs. This bipartisan bill would end a system that gives many foreign producers a leg up over U.S. producers and give certainty to the biodiesel industry, which is responsible for employing thousands of Americans. U.S. producers shouldn’t be put at a disadvantage by foreign producers that in many cases are double dipping by benefiting from U.S. tax incentives on top of their own significant government subsidies. These reforms supporting domestic producers would also save U.S. taxpayers money. Policies ought to encourage the production of domestic renewable fuels to meet consumer demand and support the creation of American jobs. View full PR
  18. From the Office of House Minority Leader Kurt Faulhammer The American Renewable Fuel and Job Creation Act extends the important clean-fuel biodisel tax incentive and reforms the incentive by transferring the credit from the blenders to the producers of biofuels. The switch ensures that the tax credit incentivizes domestic production and taxpayers aren’t subsidizing imported fuel. Since 2014, biofuels imports have increased from 510 million gallons to about one billion gallons in 2016. In many cases, foreign biodiesel benefits both from the existing tax credit and from additional foreign subsidies, which makes it difficult for domestic biodiesel facilities to compete. In 2015 alone, the U.S. Treasury spent more than $600 million on tax credits for imported biodiesel and renewable diesel. This bill will help the industry grow to its full potential. Modifying the credit is estimated to have little to no impact on the consumer. Much of the credit would continue to be passed on to the blender and ultimately, the consumer. Additionally, the U.S. biodiesel industry is currently operating at approximately 65 percent of capacity. The domestic biodiesel industry has the capacity and access to affordable feedstocks to meet the demand of U.S. consumers, the senators said. In 2005, Congress created the biodiesel tax incentive. As a result of this incentive, the Renewable Fuel Standard, and consumer interest, biodiesel is providing significant benefits to the nation. Domestic biodiesel production supports tens of thousands of jobs. Replacing traditional diesel with biodiesel reduces emissions and creates cleaner air. Homegrown biodiesel improves U.S. energy security by diversifying transportation fuels and reducing dependence on foreign oil. Biodiesel itself is a diverse fuel that can be produced from a wide array of resources such as recycled cooking oil, soybean and other plant oils and animal fats. U.S. tax policy should support U.S. products and U.S. jobs. This bipartisan bill would end a system that gives many foreign producers a leg up over U.S. producers and give certainty to the biodiesel industry, which is responsible for employing thousands of Americans. U.S. producers shouldn’t be put at a disadvantage by foreign producers that in many cases are double dipping by benefiting from U.S. tax incentives on top of their own significant government subsidies. These reforms supporting domestic producers would also save U.S. taxpayers money. Policies ought to encourage the production of domestic renewable fuels to meet consumer demand and support the creation of American jobs.
  19. IN THE HOUSE OF REPRESENTATIVES Mr. Faulhammer (for himself, Mr. Grassley, Ms. Cantwell, Mr. Roberts, Ms. Hirono, Mr. Blunt, Mr. Whitehouse, Mrs. Ernst, Ms. Heitkamp, Mr. Thune, Mr. Udall, Mr. Heinrich, Mrs. Shaheen, Ms.Klobuchar, Mr. Franken, Mr. Donnelly, and Mrs. Murray) introduced the following bill; A BILL To amend the Internal Revenue Code of 1986 to reform and extend the incentives for biodiesel. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “American Renewable Fuel and Job Creation Act”. SEC. 2. REFORM AND EXTENSION OF BIODIESEL TAX INCENTIVES. (a) Income Tax Credit.— (1) IN GENERAL.—So much of section 40A of the Internal Revenue Code as precedes subsection (c) is amended to read as follows: “SEC. 40A. BIODIESEL FUELS CREDIT. “(a) In General.—For purposes of section 38, the biodiesel fuels credit determined under this section for the taxable year is $1.00 for each gallon of biodiesel produced by the taxpayer which during the taxable year— “(1) is sold by the taxpayer to another person— “(A) for use by such other person’s trade or business as a fuel or in the production of a qualified biodiesel mixture (other than casual off-farm production), or “(B) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or “(2) is used by such taxpayer for any purpose described in paragraph (1). “(b) Increased Credit For Small Producers.— “(1) IN GENERAL.—In the case of any eligible small biodiesel producer, subsection (a) shall be applied by increasing the dollar amount contained therein by 10 cents. “(2) LIMITATION.—Paragraph (1) shall only apply with respect to the first 15,000,000 gallons of biodiesel produced by any eligible small biodiesel producer during any taxable year.”. (2) DEFINITIONS AND SPECIAL RULES.—Section 40A(d) of such Code is amended by striking all that follows paragraph (1) and inserting the following: “(2) QUALIFIED BIODIESEL MIXTURE; BIODIESEL MIXTURE.— “(A) QUALIFIED BIODIESEL MIXTURE.— “(i) IN GENERAL.—The term ‘qualified biodiesel mixture’ means a biodiesel mixture which is— “(I) sold by the producer of such mixture to any person for use as a fuel, or “(II) used by the producer of such mixture as a fuel. “(ii) SALE OR USE MUST BE IN TRADE OR BUSINESS, ETC.—A biodiesel mixture shall not be treated as a qualified biodiesel mixture unless the sale or use described in clause (i) is in a trade or business of the person producing the biodiesel mixture. “(B) BIODIESEL MIXTURE.—The term ‘biodiesel mixture’ means a mixture which consists of biodiesel and diesel fuel (as defined in section 4083(a)(3)), determined without regard to any use of kerosene. “(3) BIODIESEL NOT USED FOR A QUALIFIED PURPOSE.—If— “(A) any credit was determined with respect to any biodiesel under this section, and “(B) any person uses such biodiesel for a purpose not described in subsection (a), then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (a) and the number of gallons of such biodiesel. “(4) PASS-THRU IN THE CASE OF ESTATES AND TRUSTS.—Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. “(5) LIMITATION TO BIODIESEL WITH CONNECTION TO THE UNITED STATES.— “(A) IN GENERAL.—No credit shall be determined under subsection (a) with respect to biodiesel unless such biodiesel is produced in the United States from qualified feedstocks. For purposes of this paragraph, the term ‘United States’ includes any possession of the United States. “(B) QUALIFIED FEEDSTOCKS.—For purposes of subparagraph (A), the term ‘qualified feedstock’ means any feedstock which is allowable for a fuel that is assigned a D code of 4 under section 80.1426(f) of title 40, Code of Federal Regulations.”. (3) RULES FOR SMALL BIODIESEL PRODUCERS.— (A) IN GENERAL.—Section 40A(e) of such Code is amended— (i) by striking “agri-biodiesel” each place it appears in paragraphs (1) and (5)(A) and inserting “biodiesel”, (ii) by striking “subsection (b)(4)(C)” each place it appears in paragraphs (2) and (3) and inserting “subsection (b)(2)”, and (iii) by striking “subsection (a)(3)” each place it appears in paragraphs (5)(A), (6)(A)(i), and (6)(B)(i) and inserting “subsection (b)”. (B) The heading for subsection (e) of section 40A of such Code is amended by striking “Agri-Biodiesel” and inserting “Biodiesel”. (C) The headings for paragraphs (1) and (6) of section 40A(e) of such Code are each amended by striking “AGRI-BIODIESEL” and inserting “BIODIESEL”. (4) RENEWABLE DIESEL.— (A) IN GENERAL.—Paragraph (3) of section 40A(f) of such Code is amended to read as follows: “(3) RENEWABLE DIESEL DEFINED.— “(A) IN GENERAL.—The term ‘renewable diesel’ means liquid fuel derived from biomass which— “(i) is not a mono-alkyl ester, “(ii) can be used in engines designed to operate on conventional diesel fuel, and “(iii) meets the requirements for any Grade No. 1–D fuel or Grade No. 2–D fuel covered under the American Society for Testing and Materials specification D–975–13a. “(B) EXCEPTIONS.—Such term shall not include— “(i) any liquid with respect to which a credit may be determined under section 40, “(ii) any fuel derived from coprocessing biomass with a feedstock which is not biomass, or “(iii) any fuel that is not chemically equivalent to petroleum diesel fuels that can meet fuel quality specifications applicable to diesel fuel, gasoline, or aviation fuel. “(C) BIOMASS.—For purposes of this paragraph, the term ‘biomass’ has the meaning given such term by section 45K(c)(3).”. (B) CONFORMING AMENDMENTS.—Section 40A(f) of such Code is amended— (i) by striking “Subsection (b)(4)” in paragraph (2) and inserting “Subsection (b)”, and (ii) by striking paragraph (4) and inserting the following: “(4) CERTAIN AVIATION FUEL.—Except as provided paragraph (3)(B), the term ‘renewable diesel’ shall include fuel derived from biomass which meets the requirements of a Department of Defense specification for military jet fuel or an American Society for Testing and Materials specification for aviation turbine fuel.”. (5) EXTENSION.—Subsection (g) of section 40A of such Code is amended by striking “December 31, 2016” and inserting “December 31, 2024”. (6) CLERICAL AMENDMENT.—The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 40A and inserting the following new item: “Sec. 40A. Biodiesel fuels credit.”. (b) Excise Tax Credit.— (1) REFORM.—Subsection (c) of section 6426 of the Internal Revenue Code of 1986 is amended to read as follows: “(c) Biodiesel Production Credit.— “(1) IN GENERAL.—For purposes of this section, the biodiesel production credit is $1.00 for each gallon of biodiesel produced by the taxpayer and which— “(A) is sold by such taxpayer to another person— “(i) for use by such other person’s trade or business as a fuel or in the production of a qualified biodiesel mixture (other than casual off-farm production), or “(ii) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or “(B) is used by such taxpayer for any purpose described in subparagraph (A). “(2) DEFINITIONS.—Any term used in this subsection which is also used in section 40A shall have the meaning given such term by section 40A. “(3) TERMINATION.—This subsection shall not apply to any sale, use, or removal after December 31, 2024.”. (2) PRODUCER REGISTRATION REQUIREMENT.—Subsection (a) of section 6426 of such Code is amended by striking “subsections (d) and (e)” in the flush sentence at the end and inserting “subsections (c), (d), and (e)”. (3) RECAPTURE.— (A) IN GENERAL.—Subsection (f) of section 6426 of such Code is amended— (i) by striking “or biodiesel” each place it appears in subparagraphs (A) and (B)(i) of paragraph (1), (ii) by striking “or biodiesel mixture” in paragraph (1)(A), and (iii) by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: “(2) BIODIESEL.—If any credit was determined under this section or paid pursuant to section 6427(e) with respect to the production of any biodiesel and any person uses such biodiesel for a purpose not described in subsection (c)(1), then there is hereby imposed on such person a tax equal to $1 for each gallon of such biodiesel.”. (B) CONFORMING AMENDMENTS.— (i) Paragraph (3) of section 6426(f) of such Code, as redesignated by subparagraph (A)(iii), is amended by inserting “or (2)” after “paragraph (1)”. (ii) The heading for paragraph (1) of section 6426(f) of such Code is amended by striking “IMPOSITION OF TAX” and inserting “IN GENERAL”. (4) LIMITATION.—Section 6426(i) of such Code is amended— (A) in paragraph (2)— (i) by striking “biodiesel or”, and (ii) by striking “BIODIESEL AND” in the heading, and (B) by inserting after paragraph (2) the following new paragraph: “(3) BIODIESEL.—No credit shall be determined under subsection (a) with respect to biodiesel unless such biodiesel is produced in the United States from qualified feedstocks (as defined in section 40A(d)(5)(B)).”. (5) CLERICAL AMENDMENTS.— (A) The heading of section 6426 of such Code is amended by striking “ALCOHOL FUEL, BIODIESEL, AND ALTERNATIVE FUEL MIXTURES” and inserting “ALCOHOL FUEL MIXTURES, BIODIESEL PRODUCTION, AND ALTERNATIVE FUEL MIXTURES”. (B) The item relating to section 6426 in the table of sections for subchapter B of chapter 65 of such Code is amended by striking “alcohol fuel, biodiesel, and alternative fuel mixtures” and inserting “alcohol fuel mixtures, biodiesel production, and alternative fuel mixtures”. (c) Excise Payments.—Subsection (e) of section 6427 of the Internal Revenue Code of 1986 is amended— (1) by striking “or the biodiesel mixture credit” in paragraph (1); (2) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively, and by inserting after paragraph (2) the following new paragraph: “(3) BIODIESEL PRODUCTION CREDIT.—If any person produces biodiesel and sells or uses such biodiesel as provided in section 6426(c)(1), the Secretary shall pay (without interest) to such person an amount equal to the biodiesel production credit with respect to such biodiesel.”; (3) by striking “paragraph (1) or (2)” each place it appears in paragraphs (4) and (6), as redesignated by paragraph (2), and inserting “paragraph (1), (2), or (3)”; (4) by striking “alternative fuel” each place it appears in paragraphs (4) and (6), as redesignated by paragraph (2), and inserting “fuel”; and (5) in paragraph (7)(B), as redesignated by paragraph (2)— (A) by striking “biodiesel mixture (as defined in section 6426(c)(3))” and inserting “biodiesel (within the meaning of section 40A)”; and (B) by striking “December 31, 2016” and inserting “December 31, 2024”. (d) Guidance.—Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, or the Secretary's delegate, shall issue preliminary guidance with respect to the amendments made by this section. (e) Effective Date.—The amendments made by this section shall apply to fuel sold or used after December 31, 2016.
  20. PES: Expands powers of federal body that reviews foreign investments in the United States for potential national security and economic threats THE HOUSE OF REPRESENTATIVES Mr. Faulhammer (for himself, Mr. Pittenger, Mr. Nunes, Mr. Smith of New Jersey, Mrs. Hartzler, Mr. Yoho, Mr. Rogers of Alabama, Ms. DeLauro, Mr. Gallagher, Mrs. Roby, Mr. Loebsack, Mr. Heck, Mr. Weber of Texas, Mr. Sam Johnson of Texas, and Mr. Culberson) introduced the following bill; A BILL To modernize and strengthen the Committee on Foreign Investment in the United States to more effectively guard against the risk to the national security of the United States posed by certain types of foreign investment, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.—This Act may be cited as the “Foreign Investment Risk Review Modernization Act”. (b) Table Of Contents.—The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sense of Congress. Sec. 3. Definitions. Sec. 4. Inclusion of partnership and side agreements in notice. Sec. 5. Declarations relating to certain covered transactions. Sec. 6. Stipulations regarding transactions. Sec. 7. Authority for unilateral initiation of reviews. Sec. 8. Timing for reviews and investigations. Sec. 9. Monitoring of non-notified and non-declared transactions. Sec. 10. Submission of certifications to Congress. Sec. 11. Analysis by Director of National Intelligence. Sec. 12. Information sharing. Sec. 13. Action by the President. Sec. 14. Judicial review procedures. Sec. 15. Factors to be considered. Sec. 16. Actions by the Committee to address national security risks. Sec. 17. Modification of annual report. Sec. 18. Certification of notices and information. Sec. 19. Funding. Sec. 20. Centralization of certain Committee functions. Sec. 21. Unified budget request. Sec. 22. Special hiring authority. Sec. 23. Conforming amendments. Sec. 24. Assessment of need for additional resources for Committee. Sec. 25. Authorization for Defense Advanced Research Projects Agency to limit foreign access to technology through contracts and grant agreements. Sec. 26. Effective date. Sec. 27. Severability. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that— (1) foreign investment provides substantial economic benefits to the United States, including the promotion of economic growth, productivity, competitiveness, and job creation, and the majority of foreign investment transactions pose little or no risk to the national security of the United States, especially when those investments are truly passive in nature; (2) maintaining the commitment of the United States to open and fair investment policy also encourages other countries to reciprocate and helps open new foreign markets for United States businesses and their products; (3) it should continue to be the policy of the United States to enthusiastically welcome and support foreign investment, consistent with the protection of national security; (4) at the same time, the national security landscape has shifted in recent years, and so have the nature of the investments that pose the greatest potential risk to national security, which warrants a modernization of the processes and authorities of the Committee on Foreign Investment in the United States; (5) the Committee on Foreign Investment in the United States plays a critical role in protecting the national security of the United States, and, therefore, it is essential that the member agencies of the Committee are adequately resourced and able to hire appropriately qualified individuals in a timely manner, and that those individuals’ security clearances are processed as a high priority; (6) the President should conduct a more robust international outreach effort to urge and help allies and partners of the United States to establish processes that parallel the Committee on Foreign Investment in the United States to screen foreign investments for national security risks and to facilitate coordination; and (7) the President should lead a collaborative effort with allies and partners of the United States to develop a new, stronger multilateral export control regime, aimed to address the unprecedented industrial policies of certain countries of special concern, including aggressive efforts to acquire United States technology, and the blending of civil and military programs. SEC. 3. DEFINITIONS. Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended to read as follows: “(a) Definitions.—In this section: “(1) ACCESS.—The term ‘access’ means the ability and opportunity to obtain information, subject to regulations prescribed by the Committee. “(2) COMMITTEE; CHAIRPERSON.—The terms ‘Committee’ and ‘chairperson’ mean the Committee on Foreign Investment in the United States and the chairperson thereof, respectively. “(3) CONTROL.—The term ‘control’ means the power to determine, direct, or decide important matters affecting an entity, subject to regulations prescribed by the Committee. “(4) COUNTRY OF SPECIAL CONCERN.— “(A) IN GENERAL.—The term ‘country of special concern’ means a country that poses a significant threat to the national security interests of the United States. “(B) RULE OF CONSTRUCTION.—This paragraph shall not be construed to require the Committee to maintain a list of countries of special concern. “(5) COVERED TRANSACTION.— “(A) IN GENERAL.—Except as otherwise provided, the term ‘covered transaction’ means any transaction described in subparagraph (B) that is proposed, pending, or completed on or after the date of the enactment of the Foreign Investment Risk Review Modernization Act of 2017. “(B) TRANSACTIONS DESCRIBED.—A transaction described in this subparagraph is any of the following: “(i) Any merger, acquisition, or takeover that is proposed or pending after August 23, 1988, by or with any foreign person that could result in foreign control of any United States business. “(ii) The purchase or lease by a foreign person of private or public real estate that— “(I) is located in the United States and is in close proximity to a United States military installation or to another facility or property of the United States Government that is sensitive for reasons relating to national security; and “(II) meets such other criteria as the Committee prescribes by regulation. “(iii) Any other investment (other than passive investment) by a foreign person in any United States critical technology company or United States critical infrastructure company, subject to regulations prescribed under subparagraph (C). “(iv) Any change in the rights that a foreign person has with respect to a United States business in which the foreign person has an investment, if that change could result in— “(I) foreign control of the United States business; or “(II) an investment described in clause (iii). “(v) The contribution (other than through an ordinary customer relationship) by a United States critical technology company of both intellectual property and associated support to a foreign person through any type of arrangement, such as a joint venture, subject to regulations prescribed under subparagraph (C). “(vi) Any other transaction, transfer, agreement, or arrangement the structure of which is designed or intended to evade or circumvent the application of this section, subject to regulations prescribed by the Committee. “(C) FURTHER DEFINITION THROUGH REGULATIONS.— “(i) CERTAIN INVESTMENTS AND CONTRIBUTIONS.—The Committee shall prescribe regulations further defining covered transactions described in clauses (iii) and (v) of subparagraph (B) by reference to the technology, sector, subsector, transaction type, or other characteristics of such transactions. “(ii) EXEMPTION FOR TRANSACTIONS FROM IDENTIFIED COUNTRIES.—The Committee may, by regulation, define circumstances in which a transaction otherwise described in clause (ii), (iii), or (v) of subparagraph (B) is excluded from the definition of ‘covered transaction’ if each foreign person that is a party to the transaction is organized under the laws of, or otherwise subject to the jurisdiction of, a country identified by the Committee for purposes of this clause based on criteria such as— “(I) whether the United States has in effect with that country a mutual defense treaty; “(II) whether the United States has in effect with that country a mutual arrangement to safeguard national security as it pertains to foreign investment; “(III) the national security review process for foreign investment of that country; and “(IV) any other criteria that the Committee determines to be appropriate. “(iii) EXEMPTION OF CERTAIN CONTRIBUTIONS.—The Committee may, by regulation, define circumstances in which contributions otherwise described in subparagraph (B)(v) are excluded from the term ‘covered transaction’ on the basis of a determination that other provisions of law are adequate to identify and address any potential national security risks posed by such contributions. “(iv) TRANSFERS OF CERTAIN ASSETS PURSUANT TO BANKRUPTCY PROCEEDINGS OR OTHER DEFAULTS.—The Committee shall prescribe regulations to clarify that the term ‘covered transaction’ includes any transaction described in subparagraph (B) that arises pursuant to a bankruptcy proceeding or other form of default on debt. “(D) PASSIVE INVESTMENT DEFINED.— “(i) IN GENERAL.—For purposes of subparagraph (B)(iii), the term ‘passive investment’ means an investment by a foreign person in a United States business— “(I) that is not described in subparagraph (B)(i); “(II) that does not afford the foreign person— “(aa) access to any nonpublic technical information in the possession of the United States business; “(bb) access to any nontechnical information in the possession of the United States business that is not available to all investors; “(cc) membership or observer rights on the board of directors or equivalent governing body of the United States business or the right to nominate an individual to such a position; or “(dd) any involvement, other than through voting of shares, in substantive decisionmaking pertaining to any matter involving the United States business; “(III) under which the foreign person and the United States business do not have a parallel strategic partnership or other material financial relationship, as described in regulations prescribed by the Committee; and “(IV) that meets such other criteria as the Committee may prescribe by regulation. “(ii) NONPUBLIC TECHNICAL INFORMATION DEFINED.—For purposes of clause (i)(II)(aa), the term ‘nonpublic technical information’— “(I) has the meaning given that term in regulations prescribed by the Committee; and “(II) includes information (either by itself or in conjunction with other information to which a foreign person may have access)— “(aa) without which critical technologies cannot be designed, developed, tested, produced, or manufactured; and “(bb) in a quantity sufficient to permit the design, development, testing, production, or manufacturing of such technologies. “(iii) NONTECHNICAL INFORMATION DEFINED.—For purposes of clause (i)(II)(bb), the term ‘nontechnical information’ has the meaning given that term in regulations prescribed by the Committee. “(iv) EFFECT OF LEVEL OF OWNERSHIP INTEREST.—A determination of whether an investment is a passive investment under clause (i) shall be made without regard to how low the level of ownership interest a foreign person would hold or acquire in a United States business would be as a result of the investment. The Committee may prescribe regulations specifying that any investment greater than a certain level or amount would not be considered a passive investment. “(v) REGULATIONS.—The Committee shall prescribe regulations providing guidance on the types of transactions that the Committee considers to be passive investment. “(E) ASSOCIATED SUPPORT DEFINED.—For purposes of subparagraph (B)(v), the term ‘associated support’ has the meaning given that term in regulations prescribed by the Committee. “(F) UNITED STATES CRITICAL INFRASTRUCTURE COMPANY DEFINED.—For purposes of subparagraph (B), the term ‘United States critical infrastructure company’ means a United States business that is, owns, operates, or primarily provides services to, an entity or entities that operate within a critical infrastructure sector or subsector, as defined by regulations prescribed by the Committee. “(G) UNITED STATES CRITICAL TECHNOLOGY COMPANY.—For purposes of subparagraph (B), the term ‘United States critical technology company’ means a United States business that produces, trades in, designs, tests, manufactures, services, or develops one or more critical technologies, or a subset of such technologies, as defined by regulations prescribed by the Committee. “(6) CRITICAL INFRASTRUCTURE.—The term ‘critical infrastructure’ means, subject to regulations prescribed by the Committee, systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems or assets would have a debilitating impact on national security. “(7) CRITICAL MATERIALS.—The term ‘critical materials’ means physical materials essential to national security, subject to regulations prescribed by the Committee. “(8) CRITICAL TECHNOLOGIES.— “(A) IN GENERAL.—The term ‘critical technologies’ means technology, components, or technology items that are essential or could be essential to national security, identified for purposes of this section pursuant to regulations prescribed by the Committee. “(B) INCLUSION OF CERTAIN ITEMS.—The term ‘critical technologies’ includes the following: “(i) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations. “(ii) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled— “(I) pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or “(II) for reasons relating to regional stability or surreptitious listening. “(iii) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities). “(iv) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material). “(v) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code. “(vi) Other emerging technologies that could be essential for maintaining or increasing the technological advantage of the United States over countries of special concern with respect to national defense, intelligence, or other areas of national security, or gaining such an advantage over such countries in areas where such an advantage may not currently exist. “(9) FOREIGN GOVERNMENT-CONTROLLED TRANSACTION.—The term ‘foreign government-controlled transaction’ means any covered transaction that could result in the control of any United States business by a foreign government or an entity controlled by or acting on behalf of a foreign government. “(10) INTELLECTUAL PROPERTY.—The term ‘intellectual property’ has the meaning given that term in regulations prescribed by the Committee. “(11) INTELLIGENCE COMMUNITY.—The term ‘intelligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). “(12) INVESTMENT.—The term ‘investment’ means the acquisition of equity interest, including contingent equity interest, as further defined in regulations prescribed by the Committee. “(13) LEAD AGENCY.—The term ‘lead agency’ means the agency or agencies designated as the lead agency or agencies pursuant to subsection (k)(5). “(14) MALICIOUS CYBER-ENABLED ACTIVITIES.—The term ‘malicious cyber-enabled activities’ means any acts— “(A) primarily accomplished through or facilitated by computers or other electronic devices; “(B) that are reasonably likely to result in, or materially contribute to, a significant threat to the national security of the United States; and “(C) that have the purpose or effect of— “(i) significantly compromising the provision of services by one or more entities in a critical infrastructure sector; “(ii) harming, or otherwise significantly compromising the provision of services by, a computer or network of computers that support one or more such entities; “(iii) causing a significant disruption to the availability of a computer or network of computers; or “(iv) causing a significant misappropriation of funds or economic resources, trade secrets, personally identifiable information, or financial information. “(15) NATIONAL SECURITY.—The term ‘national security’ shall be construed so as to include those issues relating to ‘homeland security’, including its application to critical infrastructure. “(16) PARTY.—The term ‘party’ has the meaning given that term in regulations prescribed by the Committee. “(17) UNITED STATES.—The term ‘United States’ means the several States, the District of Columbia, and any territory or possession of the United States. “(18) UNITED STATES BUSINESS.—The term ‘United States business’ means a person engaged in interstate commerce in the United States.”. SEC. 4. INCLUSION OF PARTNERSHIP AND SIDE AGREEMENTS IN NOTICE. Section 721(b)(1)(C) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)) is amended by adding at the end the following: “(iv) INCLUSION OF PARTNERSHIP AND SIDE AGREEMENTS.—A written notice submitted under clause (i) by a party to a covered transaction shall include a copy of any partnership agreements, integration agreements, or other side agreements relating to the transaction, including any such agreements relating to the transfer of intellectual property, as specified in regulations prescribed by the Committee.”. SEC. 5. DECLARATIONS RELATING TO CERTAIN COVERED TRANSACTIONS. Section 721(b)(1)(C) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)), as amended by section 4, is further amended by adding at the end the following: “(v) DECLARATIONS RELATING TO CERTAIN COVERED TRANSACTIONS.— “(I) VOLUNTARY DECLARATIONS.—Except as provided in this clause, a party to any covered transaction may submit to the Committee a declaration with basic information regarding the transaction instead of a written notice under clause (i). “(II) MANDATORY DECLARATIONS.— “(aa) CERTAIN COVERED TRANSACTIONS WITH FOREIGN GOVERNMENT INTERESTS.—The parties to a covered transaction shall submit a declaration described in subclause (I) with respect to the transaction if the transaction involves the acquisition of a voting interest of at least 25 percent in a United States business by a foreign person in which a foreign government owns, directly or indirectly, at least a 25-percent voting interest. “(bb) OTHER DECLARATIONS REQUIRED BY COMMITTEE.—The Committee shall require the submission of a declaration described in subclause (I) with respect to any covered transaction identified under regulations prescribed by the Committee for purposes of this item, at the discretion of the Committee and based on appropriate factors, such as— “(AA) the technology, industry, economic sector, or economic subsector in which the United States business that is a party to the transaction trades or of which it is a part; “(BB) the difficulty of remedying the harm to national security that may result from completion of the transaction; and “(CC) the difficulty of obtaining information on the type of covered transaction through other means. “(cc) SUBMISSION OF WRITTEN NOTICE AS AN ALTERNATIVE.—Parties to a covered transaction for which a declaration is required under this subclause may instead elect to submit a written notice under clause (i). “(dd) TIMING OF SUBMISSION.— “(AA) IN GENERAL.—A declaration required to be submitted with respect to a covered transaction by item (aa) or (bb) shall be submitted not later than 45 days before the completion of the transaction. “(BB) WRITTEN NOTICE.—If, pursuant to item (cc), the parties to a covered transaction elect to submit a written notice under clause (i) instead of a declaration under this subclause, the written notice shall be filed not later than 90 days before the completion of the transaction. “(III) PENALTIES.—The Committee may impose a penalty pursuant to subsection (h)(3) with respect to a party that fails to comply with this clause. “(IV) COMMITTEE RESPONSE TO DECLARATION.— “(aa) IN GENERAL.—Upon receiving a declaration under this clause with respect to a transaction, the Committee may, at its discretion— “(AA) request that the parties to the transaction file a written notice under clause (i); “(BB) inform the parties to the transaction that the Committee is not able to complete action under this section with respect to the transaction on the basis of the declaration and that the parties may file a written notice under clause (i) to seek written notification from the Committee that the Committee has completed all action under this section with respect to the transaction; “(CC) initiate a unilateral review of the transaction under subparagraph (D); or “(DD) notify the parties in writing that the Committee has completed all action under this section with respect to the transaction. “(bb) TIMING.—The Committee shall endeavor to take action under item (aa) within 30 days of receiving a declaration under this clause. “(cc) RULE OF CONSTRUCTION.—Nothing in this subclause (other than item (aa)(CC)) shall be construed to affect the authority of the President or the Committee to take any action authorized by this section with respect to a covered transaction. “(V) REGULATIONS.—The Committee shall prescribe regulations establishing requirements for declarations submitted under this clause. In prescribing such regulations, the Committee shall ensure that such declarations are submitted as abbreviated notifications that would not generally exceed 5 pages in length.”. SEC. 6. STIPULATIONS REGARDING TRANSACTIONS. Section 721(b)(1)(C) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)), as amended by section 5, is further amended by adding at the end the following: “(vi) STIPULATIONS REGARDING TRANSACTIONS.— “(I) IN GENERAL.—In a written notice submitted under clause (i) or a declaration submitted under clause (v) with respect to a transaction, a party to the transaction may— “(aa) stipulate that the transaction is a covered transaction; and “(bb) if the party stipulates that the transaction is a covered transaction under item (aa), stipulate that the transaction is a foreign government-controlled transaction. “(II) BASIS FOR STIPULATION.—A written notice submitted under clause (i) or a declaration submitted under clause (v) that includes a stipulation under subclause (I) shall include a description of the basis for the stipulation.”. SEC. 7. AUTHORITY FOR UNILATERAL INITIATION OF REVIEWS. Section 721(b)(1) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)) is amended— (1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; (2) in subparagraph (D)— (A) in clause (i), by inserting “(other than a covered transaction described in subparagraph (E))” after “any covered transaction”; (B) by striking clause (ii) and inserting the following: “(ii) any covered transaction described in subparagraph (E), if any party to the transaction submitted false or misleading material information to the Committee in connection with the Committee’s consideration of the transaction or omitted material information, including material documents, from information submitted to the Committee; or”; and (C) in clause (iii)— (i) in the matter preceding subclause (I), by striking “any covered transaction that has previously been reviewed or investigated under this section,” and inserting “any covered transaction described in subparagraph (E),”; (ii) in subclause (I), by striking “intentionally”; (iii) in subclause (II), by striking “an intentional” and inserting “a”; and (iv) in subclause (III), by inserting “adequate and appropriate” before “remedies or enforcement tools”; and (3) by inserting after subparagraph (D) the following: “(E) COVERED TRANSACTIONS DESCRIBED.—A covered transaction is described in this subparagraph if— “(i) the Committee has informed the parties to the transaction in writing that the Committee has completed all action under this section with respect to the transaction; or “(ii) the President has announced a decision not to exercise the President’s authority under subsection (d) with respect to the transaction.”. SEC. 8. TIMING FOR REVIEWS AND INVESTIGATIONS. Section 721(b) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)), as amended by section 7, is further amended— (1) in paragraph (1)(F), by striking “30” and inserting “45”; (2) in paragraph (2), by striking subparagraph (C) and inserting the following: “(C) TIMING.— “(i) IN GENERAL.—Except as provided in clause (ii), any investigation under subparagraph (A) shall be completed before the end of the 45-day period beginning on the date on which the investigation commenced. “(ii) EXTENSION FOR EXTRAORDINARY CIRCUMSTANCES.— “(I) IN GENERAL.—In extraordinary circumstances (as defined by the Committee in regulations), the chairperson may, at the request of the head of the lead agency, extend an investigation under subparagraph (A) for one 30-day period. “(II) NONDELEGATION.—The authority of the chairperson and the head of the lead agency referred to in subclause (I) may not be delegated to any person other than the Deputy Secretary of the Treasury or the deputy head (or equivalent thereof) of the lead agency, as the case may be. “(III) NOTIFICATION TO PARTIES.—If the Committee extends the deadline under subclause (I) with respect to a covered transaction, the Committee shall notify the parties to the transaction of the extension.”; and (3) by adding at the end the following: “(8) TOLLING OF DEADLINES DURING LAPSE IN APPROPRIATIONS.—Any deadline or time limitation under this subsection shall be tolled during a lapse in appropriations.”. SEC. 9. MONITORING OF NON-NOTIFIED AND NON-DECLARED TRANSACTIONS. Section 721(b)(1) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)), as amended by section 7, is further amended by adding at the end the following: “(H) MONITORING OF NON-NOTIFIED AND NON-DECLARED TRANSACTIONS.—The Committee shall establish a mechanism to identify covered transactions for which— “(i) a notice under clause (i) of subparagraph (C) or a declaration under clause (v) of that subparagraph is not submitted to the Committee; and “(ii) information is reasonably available.”. SEC. 10. SUBMISSION OF CERTIFICATIONS TO CONGRESS. Section 721(b)(3)(C) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(3)(C)) is amended— (1) in clause (iii)— (A) in subclause (II), by inserting “and the Select Committee on Intelligence” after “Urban Affairs”; and (B) in subclause (IV), by inserting “and the Permanent Select Committee on Intelligence” after “Financial Services”; (2) in clause (iv), by striking subclause (II) and inserting the following: “(II) DELEGATION OF CERTIFICATIONS.— “(aa) IN GENERAL.—Subject to item (bb), the chairperson, in consultation with the Committee, may determine the level of official to whom the signature requirement under subclause (I) for the chairperson and the head of the lead agency may be delegated. The level of official to whom the signature requirement may be delegated may differ based on any factor relating to a transaction that the chairperson, in consultation with the Committee, deems appropriate, including the type or value of the transaction. “(bb) LIMITATIONS.—The signature requirement under subclause (I) may be delegated— “(AA) in the case of a covered transaction assessed by the Director of National Intelligence under paragraph (4) as more likely than not to threaten the national security of the United States, not below the level of the Assistant Secretary of the Treasury or an equivalent official of another agency or department represented on the Committee; and “(BB) in the case of any other covered transaction, not below the level of a Deputy Assistant Secretary of the Treasury or an equivalent official of another agency or department represented on the Committee.”; and (3) by adding at the following: “(v) AUTHORITY TO CONSOLIDATE DOCUMENTS.—Instead of transmitting a separate certified notice or certified report under subparagraph (A) or (B) with respect to each covered transaction, the Committee may, on a monthly basis, transmit such notices and reports in a consolidated document to the Members of Congress specified in clause (iii).”. SEC. 11. ANALYSIS BY DIRECTOR OF NATIONAL INTELLIGENCE. Section 721(b)(4) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(4)) is amended— (1) by striking subparagraph (A) and inserting the following: “(A) ANALYSIS REQUIRED.— “(i) IN GENERAL.—The Director of National Intelligence shall expeditiously carry out a thorough analysis of any threat to the national security of the United States posed by any covered transaction, which shall include the identification of any recognized gaps in the collection of intelligence relevant to the analysis. “(ii) VIEWS OF INTELLIGENCE AGENCIES.—The Director shall seek and incorporate into the analysis required by clause (i) the views of all affected or appropriate intelligence agencies with respect to the transaction. “(iii) UPDATES.—At the request of the lead agency, the Director shall update the analysis conducted under clause (i) with respect to a covered transaction with respect to which an agreement was entered into under subsection (l)(3)(A). “(iv) INDEPENDENCE AND OBJECTIVITY.—The Committee shall ensure that its processes under this section preserve the ability of the Director to conduct analysis under clause (i) that is independent, objective, and consistent with all applicable directives, policies, and analytic tradecraft standards of the intelligence community.”; (2) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; (3) by inserting after subparagraph (A) the following: “(B) BASIC THREAT INFORMATION.— “(i) IN GENERAL.—The Director of National Intelligence may provide the Committee with basic information regarding any threat to the national security of the United States posed by a covered transaction described in clause (ii) instead of conducting the analysis required by subparagraph (A). “(ii) COVERED TRANSACTION DESCRIBED.—A covered transaction is described in this clause if— “(I) the transaction is described in subsection (a)(5)(B)(ii); “(II) the Director of National Intelligence has completed an analysis pursuant to subparagraph (A) involving each foreign person that is a party to the transaction during the 12 months preceding the review or investigation of the transaction under this section; or “(III) the transaction otherwise meets criteria agreed upon by the Committee and the Director of National Intelligence for purposes of this subparagraph.”; (4) in subparagraph (C), as redesignated by paragraph (2), by striking “20” and inserting “30”; and (5) by adding at the end the following: “(F) ASSESSMENT OF OPERATIONAL IMPACT.—The Director may provide to the Committee an assessment, separate from the analyses under subparagraphs (A) and (B), of any operational impact of a covered transaction on the intelligence community and a description of any actions that have been or will be taken to mitigate any such impact. “(G) SUBMISSION TO CONGRESS.—The Committee shall submit the analysis required by subparagraph (A) with respect to a covered transaction to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives upon the conclusion of action under this section (other than compliance reviews under subsection (l)(6)) with respect to the transaction.”. SEC. 12. INFORMATION SHARING. Section 721(c) of the Defense Production Act of 1950 (50 U.S.C. 4565(c)) is amended— (1) by striking “Any information” and inserting the following: “(1) IN GENERAL.—Except as provided in paragraph (2), any information”; (2) by striking “, except as may be relevant” and all that follows and inserting a period; and (3) by adding at the end the following: “(2) EXCEPTIONS.—Paragraph (1) shall not prohibit the disclosure of the following: “(A) Information relevant to any administrative or judicial action or proceeding. “(B) Information to either House of Congress or to any duly authorized committee or subcommittee of Congress. “(C) Information to any domestic or foreign governmental entity, under the direction of the chairperson, to the extent necessary for national security purposes and pursuant to appropriate confidentiality and classification arrangements. “(D) Information that the parties have consented to be disclosed to third parties.”. SEC. 13. ACTION BY THE PRESIDENT. (a) In General.—Section 721(d) of the Defense Production Act of 1950 (50 U.S.C. 4565(d)) is amended— (1) by striking paragraph (1) and inserting the following: “(1) IN GENERAL.—Subject to paragraph (4), the President may, with respect to a covered transaction that threatens to impair the national security of the United States— “(A) take such action for such time as the President considers appropriate to suspend or prohibit the transaction or to require divestment; and “(B) in conjunction with taking any such action, take any additional action the President considers appropriate to address the risk to the national security of the United States identified during the review and investigation of the transaction under this section.”; and (2) in paragraph (2), by striking “not later than 15 days” and all that follows and inserting the following: “with respect to a covered transaction not later than 15 days after the earlier of— “(A) the date on which the investigation of the transaction under subsection (b) is completed; or “(B) the date on which the Committee otherwise refers the transaction to the President under subsection (l)(2).”. (b) Civil Penalties.—Section 721(h)(3)(A) of the Defense Production Act of 1950 (50 U.S.C. 4565(h)(3)(A)) is amended by striking “including any mitigation” and all that follows through “subsection (l)” and inserting “including any mitigation agreement entered into, conditions imposed, or order issued pursuant to this section”. SEC. 14. JUDICIAL REVIEW PROCEDURES. Section 721(e) of the Defense Production Act of 1950 (50 U.S.C. 4565) is amended to read as follows: “(e) Actions And Findings Nonreviewable.— “(1) ACTIONS AND FINDINGS OF THE PRESIDENT.—The actions and findings of the President or the President’s designee under this section shall not be subject to judicial review, including claims under chapter 7 of title 5, United States Code. “(2) ACTIONS AND FINDINGS OF THE COMMITTEE.— “(A) IN GENERAL.—Except as provided in subparagraph (B), the actions and findings of the Committee under subsection (b) or (l), and any assessment of penalties or use of enforcement authorities under this section, shall not be subject to judicial review, including claims under chapter 7 of title 5, United States Code. “(B) PETITIONS.— “(i) DEFINITION.—In this subparagraph, the term ‘classified information’ means any information or material that has been determined by the United States Government pursuant to an Executive order, statute, or regulation to require protection against unauthorized disclosure for reasons of national security and any restricted data, as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014). “(ii) PETITION.— “(I) IN GENERAL.—Except as provided in subclause (II), not later than 60 days after the date on which the President or the Committee takes an action with respect to the covered transaction, any party to the covered transaction may file a petition under this subparagraph alleging that the action of the Committee is a violation of a constitutional right, power, privilege, or immunity. “(II) NOTIFICATION.—No party to a covered transaction shall be permitted to file a petition or any claim related to a petition under subclause (I) unless— “(aa) the party initiated the review of the transaction pursuant to a written notice filed under clause (i) of subsection (b)(1)(C) or a declaration filed under clause (v) of that subsection or the Committee determines that such a notice or declaration was not required; and “(bb) the Committee has completed all action under this section with respect to the transaction. “(III) RELATED CLAIMS.—Any claims related to a petition filed under this clause shall be filed before the date described in subclause (I). “(iii) EXCLUSIVE JURISDICTION.— “(I) IN GENERAL.—The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over claims arising under this subparagraph, subject to review by the Supreme Court of the United States under section 1254 of title 28, United States Code, only— “(aa) to affirm the action of the Committee; or “(bb) to remand the case to the Committee for further consideration. “(II) STANDARD OF REVIEW.—The court shall uphold an action challenged under this subparagraph unless the court finds that the action was contrary to a constitutional right, power, privilege, or immunity. “(iv) SCOPE OF REVIEW.—In a claim under this subparagraph, the court shall decide all relevant questions based solely on any administrative record submitted by the United States under clause (v). “(v) ADMINISTRATIVE RECORD AND PROCEDURES.— “(I) IN GENERAL.—Notwithstanding any other provision of law, the procedures described in this clause shall apply to the review of a petition under this subparagraph. “(II) ADMINISTRATIVE RECORD.— “(aa) FILING OF RECORD.—The United States shall file with the court an administrative record, which shall consist of the information that the parties submitted to the Committee and that the Committee relied upon in support of the action of the Committee under review. “(bb) UNCLASSIFIED, NONPRIVILEGED INFORMATION.—All unclassified information contained in the administrative record that is not otherwise privileged or subject to statutory protections shall be provided to the petitioner with appropriate protections for any privileged or confidential trade secrets and commercial or financial information. “(cc) DISCOVERY BAR.—Other than the provision of information in the administrative record described in subparagraph (II)(bb), no discovery shall be permitted. “(dd) IN CAMERA AND EX PARTE.—The following information may be included in the administrative record and shall be submitted only to the court ex parte and in camera: “(AA) Unclassified information subject to privilege or statutory protections. “(BB) Classified information. “(CC) Sensitive security information. “(DD) Sensitive law enforcement information. “(EE) Information obtained or derived from any activity authorized under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801et seq.), except that, with respect to such information, subsections (c), (e), (f), (g), and (h) of section 106 (50 U.S.C. 1806), subsections (d), (f), (g), (h), and (i) of section 305 (50 U.S.C. 1825), subsections (c), (e), (f), (g), and (h) of section 405 (50 U.S.C. 1845), and section 706 (50 U.S.C. 1881e) of that Act shall not apply. “(ee) UNDER SEAL.—Any classified information, sensitive security information, law enforcement sensitive information, or information that is otherwise privileged or subject to statutory protections, that is part of the administrative record filed ex parte and in camera, or cited by the court in any decision, shall be treated by the court consistent with the provisions of this subparagraph, and shall remain under seal and preserved in the records of the court to be made available in the event of further proceedings. In no event shall such information be released to the claimant or as part of the public record. “(ff) RETURN.—After the expiration of the time to seek further review, or the conclusion of further proceedings, the court shall return the administrative record, including any and all copies, to the United States. “(gg) CONSIDERATION OF CLAIM WITHOUT INFORMATION IN ADMINISTRATIVE RECORD.—If, on motion or sua sponte, the court determines that the claim may be considered without any of the information in the administrative record, the court shall require that only the necessary information, if any, from the record be provided to the parties. “(vi) EXCLUSIVE REMEDY.—A determination by the court under this subparagraph shall be the exclusive judicial remedy for any claim described in this subparagraph against the United States, any United States department or agency, or any component or official of any such department or agency. “(vii) RULE OF CONSTRUCTION.—Nothing in this subparagraph shall be construed as limiting, superseding, or preventing the invocation of, any privileges or defenses that are otherwise available at law or in equity to protect against the disclosure of information.”. SEC. 15. FACTORS TO BE CONSIDERED. Section 721(f) of the Defense Production Act of 1950 (50 U.S.C. 4565(f)) is amended— (1) in paragraph (1), by inserting “including whether the covered transaction is likely to result in the increased reliance by the United States on foreign suppliers to meet national defense requirements;” after “defense requirements,”; (2) in paragraph (4), by striking “proposed or pending”; (3) by striking paragraph (5) and insert the following: “(5) the potential effects of the covered transaction on United States international technological and industrial leadership in areas affecting United States national security, including whether the transaction is likely to reduce the technological and industrial advantage of the United States relative to any country of special concern;”; (4) in paragraph (6), by inserting “and transportation assets, as defined in Presidential Policy Directive 21 (February 12, 2013; relating to critical infrastructure security and resilience) or any successor directive” after “energy assets”; (5) in paragraph (7), by inserting “, including whether the covered transaction is likely to contribute to the loss of or other adverse effects on technologies that provide a strategic national security advantage to the United States” after “critical technologies”; (6) in paragraph (10), by striking “; and” and inserting a semicolon; (7) by redesignating paragraph (11) as paragraph (20); and (8) by inserting after paragraph (10) the following: “(11) the degree to which the covered transaction is likely to increase the cost to the United States Government of acquiring or maintaining the equipment and systems that are necessary for defense, intelligence, or other national security functions; “(12) the potential national security-related effects of the cumulative market share of any one type of infrastructure, energy asset, critical material, or critical technology by foreign persons; “(13) whether any foreign person that would acquire an interest in a United States business or its assets as a result of the covered transaction has a history of— “(A) complying with United States laws and regulations, including laws and regulations pertaining to exports, the protection of intellectual property, and immigration; and “(B) adhering to contracts or other agreements with entities of the United States Government; “(14) the extent to which the covered transaction is likely to expose, either directly or indirectly, personally identifiable information, genetic information, or other sensitive data of United States citizens to access by a foreign government or foreign person that may exploit that information in a manner that threatens national security; “(15) whether the covered transaction is likely to have the effect of creating any new cybersecurity vulnerabilities in the United States or exacerbating existing cybersecurity vulnerabilities; “(16) whether the covered transaction is likely to result in a foreign government gaining a significant new capability to engage in malicious cyber-enabled activities against the United States, including such activities designed to affect the outcome of any election for Federal office; “(17) whether the covered transaction involves a country of special concern that has a demonstrated or declared strategic goal of acquiring a type of critical technology that a United States business that is a party to the transaction possesses; “(18) whether the covered transaction is likely to facilitate criminal or fraudulent activity affecting the national security of the United States; “(19) whether the covered transaction is likely to expose any information regarding sensitive national security matters or sensitive procedures or operations of a Federal law enforcement agency with national security responsibilities to a foreign person not authorized to receive that information; and”. SEC. 16. ACTIONS BY THE COMMITTEE TO ADDRESS NATIONAL SECURITY RISKS. Section 721(l) of the Defense Production Act of 1950 (50 U.S.C. 4565(l)) is amended— (1) in the subsection heading, by striking “Mitigation, Tracking, And Postconsummation Monitoring And Enforcement” and inserting “Actions By The Committee To Address National Security Risks”; (2) by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (5), and (6), respectively; (3) by inserting before paragraph (3), as redesignated by paragraph (2), the following: “(1) SUSPENSION OF TRANSACTIONS.—The Committee, acting through the chairperson, may suspend a proposed or pending covered transaction that may pose a risk to the national security of the United States for such time as the covered transaction is under review or investigation under subsection (b). “(2) REFERRAL TO PRESIDENT.—The Committee may, at any time during the review or investigation of a covered transaction under subsection (b), complete the action of the Committee with respect to the transaction and refer the transaction to the President for action pursuant to subsection (d).”; (4) in paragraph (3), as redesignated by paragraph (2)— (A) in subparagraph (A)— (i) in the subparagraph heading, by striking “IN GENERAL” and inserting “AGREEMENTS AND CONDITIONS”; (ii) by striking “The Committee” and inserting the following: “(i) IN GENERAL.—The Committee”; (iii) by striking “threat” and inserting “risk”; and (iv) by adding at the end the following: “(ii) ABANDONMENT OF TRANSACTIONS.—If a party to a covered transaction has voluntarily chosen to abandon the transaction, the Committee or lead agency, as the case may be, may negotiate, enter into or impose, and enforce any agreement or condition with any party to the covered transaction for purposes of effectuating such abandonment and mitigating any risk to the national security of the United States that arises as a result of the covered transaction. “(iii) AGREEMENTS AND CONDITIONS RELATING TO COMPLETED TRANSACTIONS.—The Committee or lead agency, as the case may be, may negotiate, enter into or impose, and enforce any agreement or condition with any party to a completed covered transaction in order to mitigate any interim risk to the national security of the United States that may arise as a result of the covered transaction until such time that the Committee has completed action pursuant to subsection (b) or the President has taken action pursuant to subsection (d) with respect to the transaction.”; and (B) by striking subparagraph (B) and inserting the following: “(B) LIMITATIONS.—An agreement may not be entered into or condition imposed under subparagraph (A) with respect to a covered transaction unless the Committee determines that the agreement or condition resolves the national security concerns posed by the transaction, taking into consideration whether the agreement or condition is reasonably calculated to— “(i) be effective; “(ii) allow for compliance with the terms of the agreement or condition in an appropriately verifiable way; and “(iii) enable effective monitoring of compliance with and enforcement of the terms of the agreement or condition. “(C) JURISDICTION.—The provisions of section 706(b) shall apply to any mitigation agreement entered into or condition imposed under subparagraph (A).”; (5) by inserting after paragraph (3), as redesignated by paragraph (2), the following: “(4) RISK-BASED ANALYSIS REQUIRED.— “(A) IN GENERAL.—Any determination of the Committee to suspend a covered transaction under paragraph (1), to refer a covered transaction to the President under paragraph (2), or to negotiate, enter into or impose, or enforce any agreement or condition under paragraph (3)(A) with respect to a covered transaction, shall be based on a risk-based analysis, conducted by the Committee, of the effects on the national security of the United States of the covered transaction, which shall include— “(i) an assessment of— “(I) the national security threat posed by the transaction, taking into account the analysis conducted by the Director of National Intelligence under subsection (b)(4); “(II) any national security vulnerabilities related to the transaction; and “(III) the potential national security consequences of the transaction; and “(ii) an identification of any of the factors described in subsection (f) that the transaction may substantially implicate. “(B) ACTIONS OF MEMBERS OF THE COMMITTEE.— “(i) IN GENERAL.—Any member of the Committee who concludes that a covered transaction poses an unresolved national security concern shall recommend to the Committee that the Committee suspend the transaction under paragraph (1), refer the transaction to the President under paragraph (2), or negotiate, enter into or impose, or enforce any agreement or condition under paragraph (3)(A) with respect to the transaction. In making that recommendation, the member shall propose the risk-based analysis required by subparagraph (A). “(ii) FAILURE TO REACH CONSENSUS.—If the Committee fails to reach consensus with respect to a recommendation under clause (i) regarding a covered transaction, the members of the Committee who support an alternative recommendation shall produce— “(I) a written statement justifying the alternative recommendation; and “(II) as appropriate, a risk-based analysis that supports the alternative recommendation.”; (6) in paragraph (5), as redesignated by paragraph (2), by striking “(as defined in the National Security Act of 1947)”; and (7) in paragraph (6), as redesignated by paragraph (2)— (A) in subparagraph (A)— (i) by striking “paragraph (1)” and inserting “paragraph (3)”; and (ii) by striking the second sentence and inserting the following: “The lead agency may, at its discretion, seek and receive the assistance of other departments or agencies in carrying out the purposes of this paragraph.”; (B) in subparagraph (B)— (i) by striking “DESIGNATED AGENCY” and all that follows through “The lead agency in connection” and inserting “DESIGNATED AGENCY.—The lead agency in connection”; (ii) by striking clause (ii); and (iii) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, 2 ems to the left; and (C) by adding at the end the following: “(C) COMPLIANCE PLANS.— “(i) IN GENERAL.—In the case of a covered transaction with respect to which an agreement is entered into under paragraph (3)(A), the Committee or lead agency, as the case may be, shall formulate, adhere to, and keep updated a plan for monitoring compliance with the agreement. “(ii) ELEMENTS.—Each plan required by clause (i) with respect to an agreement entered into under paragraph (3)(A) shall include an explanation of— “(I) which member of the Committee will have primary responsibility for monitoring compliance with the agreement; “(II) how compliance with the agreement will be monitored; “(III) how frequently compliance reviews will be conducted; “(IV) whether an independent entity will be utilized under subparagraph (E) to conduct compliance reviews; and “(V) what actions will be taken if the parties fail to cooperate regarding monitoring compliance with the agreement. “(D) EFFECT OF LACK OF COMPLIANCE.—If, at any time after a mitigation agreement or condition is entered into or imposed under paragraph (3)(A), the Committee or lead agency, as the case may be, determines that a party or parties to the agreement or condition are not in compliance with the terms of the agreement or condition, the Committee or lead agency may, in addition to the authority of the Committee to impose penalties pursuant to subsection (h)(3) and to unilaterally initiate a review of any covered transaction under subsection (b)(1)(D)(iii)(I)— “(i) negotiate a plan of action for the party or parties to remediate the lack of compliance, with failure to abide by the plan or otherwise remediate the lack of compliance serving as the basis for the Committee to find a material breach of the agreement or condition; “(ii) require that the party or parties submit any covered transaction initiated after the date of the determination of noncompliance and before the date that is 5 years after the date of the determination to the Committee for review under subsection (b); or “(iii) seek injunctive relief. “(E) USE OF INDEPENDENT ENTITIES TO MONITOR COMPLIANCE.—If the parties to an agreement entered into under paragraph (3)(A) enter into a contract with an independent entity from outside the United States Government for the purpose of monitoring compliance with the agreement, the Committee shall take such action as is necessary to prevent a conflict of interest from arising by ensuring that the independent entity owes no fiduciary duty to the parties. “(F) ADDITIONAL COMPLIANCE MEASURES.—Subject to subparagraphs (A) through (E), the Committee shall develop and agree upon methods for evaluating compliance with any agreement entered into or condition imposed with respect to a covered transaction that will allow the Committee to adequately ensure compliance without unnecessarily diverting Committee resources from assessing any new covered transaction for which a written notice under clause (i) of subsection (b)(1)(C) or declaration under clause (v) of that subsection has been filed, and if necessary, reaching a mitigation agreement with or imposing a condition on a party to such covered transaction or any covered transaction for which a review has been reopened for any reason.”. SEC. 17. MODIFICATION OF ANNUAL REPORT. Section 721(m) of the Defense Production Act of 1950 (50 U.S.C. 4565(m)) is amended— (1) in paragraph (1), by striking “committee” and all that follows through “Representatives,” and inserting “appropriate congressional committees”; (2) in paragraph (2)— (A) by amending subparagraph (A) to read as follows: “(A) A list of all notices filed and all reviews or investigations of covered transactions completed during the period, with— “(i) a description of the outcome of each review or investigation, including whether an agreement was entered into or condition was imposed under subsection (l)(3)(A) with respect to the transaction being reviewed or investigated, and whether the President took any action under this section with respect to that transaction; “(ii) basic information on each party to each such transaction; “(iii) the nature of the business activities or products of the United States business with which the transaction was entered into or intended to be entered into; and “(iv) information about any withdrawal from the process.”; (B) by adding at the end the following: “(G) Statistics on compliance reviews conducted and actions taken by the Committee under subsection (l)(6), including subparagraph (D) of that subsection, during that period and a description of any actions taken by the Committee to impose penalties or initiate a unilateral review pursuant to subsection (b)(1)(D)(iii)(I).”; (3) in paragraph (3)— (A) by striking “CRITICAL TECHNOLOGIES” and all that follows through “In order to assist” and inserting “CRITICAL TECHNOLOGIES.—In order to assist”; (B) by striking subparagraph (B); and (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the left; and (4) by adding at the end the following: “(4) BIENNIAL INTELLIGENCE COMMUNITY REPORT.— “(A) IN GENERAL.—The Director of National Intelligence shall transmit to the chairperson, for inclusion in a classified portion of each report required to be submitted under paragraph (1) during calendar year 2018 and every even-numbered year thereafter, the report of the interagency group established under subparagraph (C). “(B) ELEMENTS.—The report referred to in subparagraph (A) shall include an identification, analysis, and explanation of the following: “(i) Any current or projected major threats to the national security of the United States with respect to foreign investment. “(ii) Any strategies used by countries of special concern to utilize foreign investment to target the acquisition of critical technologies, critical materials, or critical infrastructure. “(iii) Any economic espionage efforts directed at the United States by a foreign country, particularly a country of special concern. “(C) INTELLIGENCE COMMUNITY INTERAGENCY WORKING GROUP.—The Director of National Intelligence— “(i) shall establish an interagency working group, composed of representatives of elements of the intelligence community, to prepare the report required under this paragraph; “(ii) shall serve as the chairperson of the interagency working group; and “(iii) may consult with and seek input from any member of the Committee, as the Director considers necessary. “(5) CLASSIFICATION; AVAILABILITY OF REPORT.— “(A) CLASSIFICATION.—All appropriate portions of the annual report required by paragraph (1) may be classified. “(B) PUBLIC AVAILABILITY OF UNCLASSIFIED VERSION.—An unclassified version of the report required by paragraph (1), as appropriate and consistent with safeguarding national security and privacy, shall be made available to the public. Information regarding trade secrets or business confidential information may be included in the classified version and may not be made available to the public in the unclassified version. “(C) EXCEPTIONS TO FREEDOM OF INFORMATION ACT.—The exceptions to subsection (a) of section 552 of title 5, United States Code, provided for under subsection (b) of that section shall apply with respect to the report required by paragraph (1). “(6) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term ‘appropriate congressional committees’ means— “(A) the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, the Committee on Armed Services, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate; and “(B) the Committee on Financial Services, the Permanent Select Committee on Intelligence, the Committee on Armed Services, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives.”. SEC. 18. CERTIFICATION OF NOTICES AND INFORMATION. Section 721(n) of the Defense Production Act of 1950 (50 U.S.C. 4565(n)) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right; (2) by striking “Each notice” and inserting the following: “(1) IN GENERAL.—Each notice”; and (3) by adding at the end the following: “(2) EFFECT OF FAILURE TO SUBMIT.—The Committee may not complete a review under this section of a covered transaction and may recommend to the President that the President suspend or prohibit the transaction or require divestment under subsection (d) if the Committee determines that a party to the transaction has— “(A) failed to submit a statement required by paragraph (1); or “(B) included false or misleading information in a notice or information described in paragraph (1) or omitted material information from such notice or information. “(3) APPLICABILITY OF LAW ON FRAUD AND FALSE STATEMENTS.—The Committee shall prescribe regulations expressly providing for the application of section 1001 of title 18, United States Code, to all information provided to the Committee under this section by any party to a covered transaction.”. SEC. 19. FUNDING. Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) is amended by adding at the end the following: “(o) Funding.— “(1) ESTABLISHMENT OF FUND.—There is established in the Treasury of the United States a fund, to be known as the ‘Committee on Foreign Investment in the United States Fund’ (in this subsection referred to as the ‘Fund’). “(2) APPROPRIATION OF FUNDS FOR THE COMMITTEE.—There are authorized to be appropriated to the Fund such sums as may be necessary to perform the functions of the Committee. “(3) FILING FEES.— “(A) IN GENERAL.—The Committee may assess and collect a fee in an amount determined by the Committee in regulations, to the extent provided in advance in appropriations Acts, without regard to section 9701 of title 31, United States Code, and subject to subparagraph (B), with respect to each covered transaction for which a written notice is submitted to the Committee under subsection (b)(1)(C)(i). “(B) LIMITATION ON AMOUNT OF FEE.—The amount of the fee determined under subparagraph (A) with respect to a covered transaction described in that subparagraph may not exceed an amount equal to the lesser of— “(i) 1 percent of the value of the transaction; or “(ii) $300,000, adjusted annually for inflation pursuant to regulations prescribed by the Committee. “(C) DEPOSIT AND AVAILABILITY OF FEES.—Notwithstanding section 3302 of title 31, United States Code, fees collected under subparagraph (A) shall— “(i) be deposited as offsetting collections into the Fund for use in carrying out activities under this section; “(ii) to the extent and in the amounts provided in advance in appropriations Acts, be available to the chairperson; “(iii) remain available until expended; and “(iv) be in addition to any appropriations made available to the members of the Committee. “(4) TRANSFER OF FUNDS.—The chairperson may transfer any amounts in the Fund to any other department or agency represented on the Committee for the purpose of addressing emerging needs in carrying out activities under this section. Amounts so transferred shall be in addition to any other amounts available to that department or agency for that purpose.”. SEC. 20. CENTRALIZATION OF CERTAIN COMMITTEE FUNCTIONS. Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565), as amended by section 19, is further amended by adding at the end the following: “(p) Centralization Of Certain Committee Functions.— “(1) IN GENERAL.—The chairperson, in consultation with the Committee, may centralize certain functions of the Committee within the Department of the Treasury for the purpose of enhancing interagency coordination and collaboration in carrying out the functions of the Committee under this section. “(2) FUNCTIONS.—Functions that may be centralized under paragraph (1) include monitoring non-notified and non-declared transactions pursuant to subsection (b)(1)(H), and other functions as determined by the chairperson and the Committee. “(3) RULE OF CONSTRUCTION.—Nothing in this section shall be construed as limiting the authority of any department or agency represented on the Committee to represent its own interests before the Committee.”. SEC. 21. UNIFIED BUDGET REQUEST. Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565), as amended by sections 19 and 20, is further amended by adding at the end the following: “(q) Unified Budget Request.— “(1) IN GENERAL.—The President may include, in the budget of the Department of the Treasury for a fiscal year (as submitted to Congress with the budget of the President under section 1105(a) of title 31, United States Code), a unified request for funding of all operations under this section conducted by some or all of the departments and agencies represented on the Committee. “(2) FORM OF BUDGET REQUEST.—A unified request under paragraph (1) should be detailed and include the amounts requested for each department or agency represented on the Committee to carry out the functions of that department or agency under this section.”. SEC. 22. SPECIAL HIRING AUTHORITY. Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565), as amended by sections 19, 20, and 21, is further amended by adding at the end the following: “(r) Special Hiring Authority.—The heads of the departments and agencies represented on the Committee may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, candidates directly to positions in the competitive service (as defined in section 2102 of that title) in their respective departments and agencies to administer this section.”. SEC. 23. CONFORMING AMENDMENTS. Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565), as amended by this Act, is further amended— (1) in subsection (b)(2)(B)(i)(I), by striking “that threat” and inserting “the risk”; and (2) in subsection (d)(4)(A), by striking “the foreign interest exercising control” and inserting “a foreign person that would acquire an interest in a United States business or its assets as a result of the covered transaction”. SEC. 24. ASSESSMENT OF NEED FOR ADDITIONAL RESOURCES FOR COMMITTEE. The President shall— (1) determine whether and to what extent the expansion of the responsibilities of the Committee on Foreign Investment in the United States pursuant to the amendments made by this Act necessitates additional resources for the Committee and members of the Committee to perform their functions under section 721 of the Defense Production Act of 1950, as amended by this Act; and (2) if the President determines that additional resources are necessary, include in the budget of the President for fiscal year 2019 submitted to Congress under section 1105(a) of title 31, United States Code, a request for such additional resources. SEC. 25. AUTHORIZATION FOR DEFENSE ADVANCED RESEARCH PROJECTS AGENCY TO LIMIT FOREIGN ACCESS TO TECHNOLOGY THROUGH CONTRACTS AND GRANT AGREEMENTS. (a) In General.—The Director of the Defense Advanced Research Projects Agency, or a designee of the Director, may include in any contract or grant agreement that the Director enters into with a person, and that is funded by that Agency, a provision that— (1) limits access by any foreign person to technology that is the subject of the contract or grant agreement under terms defined by the Director, including by limiting such access to specific periods of time; and (2) in a case in which the person violates the prohibition described in paragraph (1), requires the person to return all amounts that the person received from the Agency under the contract or grant agreement. (b) Treatment Of Returned Funds.—Any amounts returned to the Defense Advanced Research Projects Agency under subsection (a)(2) shall be credited to the same appropriations account from which payment of such amounts was originally made under the contract or grant agreement described in subsection (a). (c) Exercise Of Authority.—The Director, or the designee of the Director, may exercise the authority provided by this section without the need for further approval by, or regulatory implementation within, the Department of Defense. SEC. 26. EFFECTIVE DATE. (a) Immediate Applicability Of Certain Provisions.—The following shall take effect on the date of the enactment of this Act and apply with respect to any covered transaction the review or investigation of which is initiated under section 721 of the Defense Production Act of 1950 on or after such date of enactment: (1) Sections 4, 6, 8, 12, 13, 14, 15, 18, 20, 21, 22, 24, and 25 and the amendments made by those sections. (2) Section 11 and the amendments made by that section (except for clause (iii) of section 721(b)(4)(A) of the Defense Production Act of 1950, as added by section 11). (3) Paragraphs (5)(C)(iv), (7), and (14) of subsection (a) of section 721 of the Defense Production Act of 1950, as amended by section 3. (4) Section 721(m)(4) of the Defense Production Act of 1950, as amended by section 17. (b) Delayed Applicability Of Certain Provisions.— (1) IN GENERAL.—Any provision of or amendment made by this Act not specified in subsection (a) shall— (A) take effect on the date that is 30 days after publication in the Federal Register of a determination by the chairperson of the Committee on Foreign Investment in the United States that the regulations, organizational structure, personnel, and other resources necessary to administer the new provisions are in place; and (B) apply with respect to any covered transaction the review or investigation of which is initiated under section 721 of the Defense Production Act of 1950 on or after the date described in subparagraph (A). (2) NONDELEGATION OF DETERMINATION.—The determination of the chairperson of the Committee on Foreign Investment in the United States under paragraph (1)(A) may not be delegated. (c) Authorization For Pilot Programs.— (1) IN GENERAL.—Beginning on the date of the enactment of this Act and ending on the date described in subsection (b)(1)(A), the Committee on Foreign Investment in the United States may, at its discretion, conduct one or more pilot programs to implement any authority provided pursuant to any provision of or amendment made by this Act not specified in subsection (a). (2) PUBLICATION IN FEDERAL REGISTER.—A pilot program may not commence until the date that is 30 days after publication in the Federal Register of a determination by the chairperson of the Committee of the scope of and procedures for the pilot program. That determination may not be delegated. SEC. 27. SEVERABILITY. If any provision of this Act or an amendment made by this Act, or the application of such a provision or amendment to any person or circumstance, is held to be invalid, the application of that provision or amendment to other persons or circumstances and the remainder of the provisions of this Act and the amendments made by this Act, shall not be affected thereby.
  21. Kurt Faulhammer From the Office of House Minority Leader Kurt Faulhammer Our nation’s law enforcement officers, firefighters and other first responders put their lives on the line every day to ensure the safety of our communities. Congress needs to be there for these brave men, women and their families when tragedy strikes. That is what the Public Safety Officers’ Benefits program was designed to do. The PSOB program unfortunately has been plagued by unnecessary delays in processing benefits. The Public Safety Officers’ Benefits Improvement Act will help to change that. It will add transparency and will help expedite review of benefit applications. This law includes an amendment I offered in the Judiciary Committee that makes three important improvements. The amendment ensures that children are never disqualified from receiving education benefits due to delays within the PSOB program. It prevents PSOB adjudicators from abandoning legitimate claims due to circumstances beyond the officer’s family’s control. And it guarantees that all of the new protections in the law apply to the many backlogged claims, and not just to future petitions, as would have otherwise been required under an existing regulation. Congress has a solemn responsibility to support those that serve and their families. These bipartisan reforms, while modest steps, do just that. View full PR
  22. From the Office of House Minority Leader Kurt Faulhammer Our nation’s law enforcement officers, firefighters and other first responders put their lives on the line every day to ensure the safety of our communities. Congress needs to be there for these brave men, women and their families when tragedy strikes. That is what the Public Safety Officers’ Benefits program was designed to do. The PSOB program unfortunately has been plagued by unnecessary delays in processing benefits. The Public Safety Officers’ Benefits Improvement Act will help to change that. It will add transparency and will help expedite review of benefit applications. This law includes an amendment I offered in the Judiciary Committee that makes three important improvements. The amendment ensures that children are never disqualified from receiving education benefits due to delays within the PSOB program. It prevents PSOB adjudicators from abandoning legitimate claims due to circumstances beyond the officer’s family’s control. And it guarantees that all of the new protections in the law apply to the many backlogged claims, and not just to future petitions, as would have otherwise been required under an existing regulation. Congress has a solemn responsibility to support those that serve and their families. These bipartisan reforms, while modest steps, do just that.
  23. IN THE HOUSE OF REPRESENTATIVES Mr. Faulhammer (for himself, Mr. Grassley, Mrs. Gillibrand, Mr. Hatch, and Mr. Coons) introduced the following bill; A BILL To require adequate reporting on the Public Safety Officers’ Benefits program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Public Safety Officers’ Benefits Improvement Act”. SEC. 2. REPORTS. Section 1205 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796c) is amended— (1) in subsection (a), by inserting “Rules, regulations, and procedures issued under this part may include regulations based on standards developed by another Federal agency for programs related to public safety officer death or disability claims.” before the last sentence; (2) in subsection (b)— (A) by inserting “(1)” before “In making”; and (B) by adding at the end the following: “(2) In making a determination under section 1201, the Bureau shall give substantial weight to the evidence and all findings of fact presented by a State, local, or Federal administrative or investigative agency regarding eligibility for death or disability benefits.”; and (3) by adding at the end the following: “(e) (1) (A) Not later than 30 days after the date of enactment of this subsection, the Bureau shall make available on the public website of the Bureau information on all death, disability, and educational assistance claims submitted under this part that are pending as of the date on which the information is made available. “(B) Not less frequently than once per week, the Bureau shall make available on the public website of the Bureau updated information with respect to all death, disability, and educational assistance claims submitted under this part that are pending as of the date on which the information is made available. “(C) The information made available under this paragraph shall include— “(i) for each pending claim— “(I) the date on which the claim was submitted to the Bureau; “(II) the State of residence of the claimant; “(III) an anonymized, identifying claim number; and “(IV) the nature of the claim; and “(ii) the total number of pending claims that were submitted to the Bureau more than 1 year before the date on which the information is made available. “(2) (A) Not later than 180 days after the date of enactment of this subsection, and every 180 days thereafter, the Bureau shall submit to Congress a report on the death, disability, and educational assistance claims submitted under this part. “(B) Each report submitted under subparagraph (A) shall include information on— “(i) the total number of claims for which a final determination has been made during the 180-day period preceding the report; “(ii) the amount of time required to process each claim for which a final determination has been made during the 180-day period preceding the report; “(iii) as of the last day of the 180-day period preceding the report, the total number of claims submitted to the Bureau on or before that date for which a final determination has not been made; “(iv) as of the last day of the 180-day period preceding the report, the total number of claims submitted to the Bureau on or before the date that is 1 year before that date for which a final determination has not been made; “(v) for each claim described in clause (iv), a detailed description of the basis for delay; “(vi) as of the last day of the 180-day period preceding the report, the total number of claims submitted to the Bureau on or before that date relating to exposure due to the September 11th, 2001, terrorism attacks for which a final determination has not been made; “(vii) as of the last day of the 180-day period preceding the report, the total number of claims submitted to the Bureau on or before the date that is 1 year before that date relating to exposure due to the September 11th, 2001, terrorism attacks for which a final determination has not been made; “(viii) for each claim described in clause (vii), a detailed description of the basis for delay; “(ix) the total number of claims submitted to the Bureau relating to exposure due to the September 11th, 2001, terrorism attacks for which a final determination was made during the 180-day period preceding the report, and the average award amount for any such claims that were approved; “(x) the result of each claim for which a final determination was made during the 180-day period preceding the report, including the number of claims rejected and the basis for any denial of benefits; “(xi) the number of final determinations which were appealed during the 180-day period preceding the report, regardless of when the final determination was first made; “(xii) the average number of claims processed per reviewer of the Bureau during the 180-day period preceding the report; “(xiii) for any claim submitted to the Bureau that required the submission of additional information from a public agency, and for which the public agency completed providing all of the required information during the 180-day period preceding the report, the average length of the period beginning on the date the public agency was contacted by the Bureau and ending on the date on which the public agency submitted all required information to the Bureau; “(xiv) for any claim submitted to the Bureau for which the Bureau issued a subpoena to a public agency during the 180-day period preceding the report in order to obtain information or documentation necessary to determine the claim, the name of the public agency, the date on which the subpoena was issued, and the dates on which the public agency was contacted by the Bureau before the issuance of the subpoena; and “(xv) information on the compliance of the Bureau with the obligation to offset award amounts under section 1201(f)(3), including— “(I) the number of claims that are eligible for compensation under both this part and the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101note; Public Law 107–42) (commonly referred to as the ‘VCF’); “(II) for each claim described in subclause (I) for which compensation has been paid under the VCF, the amount of compensation paid under the VCF; “(III) the number of claims described in subclause (I) for which the Bureau has made a final determination; and “(IV) the number of claims described in subclause (I) for which the Bureau has not made a final determination. “(3) Not later than 2 years after the date of enactment of this subsection, and 2 years thereafter, the Comptroller General of the United States shall— “(A) conduct a study on the compliance of the Bureau with the obligation to offset award amounts under section 1201(f)(3); and “(B) submit to Congress a report on the study conducted under subparagraph (A) that includes an assessment of whether the Bureau has provided the information required under subparagraph (B)(ix) of paragraph (2) of this subsection in each report required under that paragraph. “(4) In this subsection, the term ‘nature of the claim’ means whether the claim is a claim for— “(A) benefits under this subpart with respect to the death of a public safety officer; “(B) benefits under this subpart with respect to the disability of a public safety officer; or “(C) education assistance under subpart 2.”. SEC. 3. AGE LIMITATION FOR CHILDREN. Section 1212(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d–1(c)) is amended— (1) by striking “No child” and inserting the following: “(1) IN GENERAL.—Subject to paragraph (2), no child”; and (2) by adding at the end the following: “(2) DELAYED APPROVALS.— “(A) EDUCATIONAL ASSISTANCE APPLICATION.—If a claim for assistance under this subpart is approved more than 1 year after the date on which the application for such assistance is filed with the Attorney General, the age limitation under this subsection shall be extended by the length of the period— “(i) beginning on the day after the date that is 1 year after the date on which the application is filed; and “(ii) ending on the date on which the application is approved. “(B) CLAIM FOR BENEFITS FOR DEATH OR PERMANENT AND TOTAL DISABILITY.—In addition to an extension under subparagraph (A), if any, for an application for assistance under this subpart that relates to a claim for benefits under subpart 1 that was approved more than 1 year after the date on which the claim was filed with the Attorney General, the age limitation under this subsection shall be extended by the length of the period— “(i) beginning on the day after the date that is 1 year after the date on which the claim for benefits is submitted; and “(ii) ending on the date on which the claim for benefits is approved.”. SEC. 4. DUE DILIGENCE IN PAYING BENEFIT CLAIMS. Subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended by adding at the end the following: “SEC. 1206. DUE DILIGENCE IN PAYING BENEFIT CLAIMS. “(a) In General.—The Bureau, with all due diligence, shall expeditiously attempt to obtain the information and documentation necessary to adjudicate a benefit claim filed under this part, including a claim for financial assistance under subpart 2. “(b) Sufficient Information Unavailable.—If a benefit claim filed under this part, including a claim for financial assistance under subpart 2, is unable to be adjudicated by the Bureau because of a lack of information or documentation from a third party, such as a public agency, the Bureau may not abandon the benefit claim unless the Bureau has utilized the investigative tools available to the Bureau to obtain the necessary information or documentation, including subpoenas.”. SEC. 5. PRESUMPTION THAT OFFICER ACTED PROPERLY. Section 1202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796a) is amended— (1) by striking “No benefit” and inserting the following: “(a) In General.—No benefit”; and (2) by adding at the end the following: “(b) Presumption.—In determining whether a benefit is payable under this part, the Bureau shall— “(1) presume that none of the limitations described in subsection (a) apply; and “(2) have the burden of establishing by clear and convincing evidence that a limitation described in subsection (a) applies.”. SEC. 6. EFFECTIVE DATE; APPLICABILITY. The amendments made by this Act shall— (1) take effect on the date of enactment of this Act; and (2) apply to any benefit claim or application under part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) that is— (A) pending before the Bureau of Justice Assistance on the date of enactment; or (B) received by the Bureau on or after the date of enactment of this Act.
  24. Kurt Faulhammer

    Faulhammer on Fair Trade with China

    Kurt Faulhammer From the Office of Representative Kurt Faulhammer Today I would like to announce the introduction of the Fair Trade with China Enforcement Act, legislation that would safeguard American assets from Chinese influence and possession, and serve to blunt China's tools of economic aggression to the House hopper. Since joining the World Trade Organization in 2001, China has offered an economic grand bargain with two contradictory faces. One face outwardly offers soaring and seductive promises of an emerging global economic order that will become more open and equitable as nations increase trade and commerce with China. Witness Chinese President Xi Jinping, who at the 2017 World Economic Forum in Davos, Switzerland, gushed at how “mankind has become a close-knit community of shared future” while assuring that “China is committed to a fundamental policy of opening-up and pursues a win-win opening-up strategy.” The other face speaks inwardly to China’s ultimate geopolitical intentions. As the 13th National People’s Congress met this February to install Xi as effectively president for life, Xi vowed “to fight the bloody battle against our enemies” — including any nation that obstructs the “Chinese dream of national rejuvenation” — “with a strong determination to take our place in the world.” Far too many countries, including the United States, have ignored the contradictions of China’s grand bargain on the assumption that China would liberalize economically and ­politically. Unfortunately, this starry-eyed assumption has proved false. Benefiting enormously from a more open global economy to drive its own industries, the Chinese government and ­Communist Party have only tightened their grip on power, brutally suppressing dissent at home and pursuing policies abroad that are a far cry from the responsible global stakeholder that Xi describes. The American people can see China’s malevolent economic behavior most clearly in its theft of our intellectual property. Chinese theft of American IP alone costs the United States nearly $600 billion annually, eclipsing the combined profits of the top 50 companies on last year’s Fortune 500 list. Stealing American IP, in turn, advances Beijing’s “Made in China 2025” initiative to eventually dominate global exports in 10 critical sectors — namely, artificial intelligence and next-generation information technology, robotics, new-energy vehicles, biotechnology, energy and power generation, aerospace, high-tech shipping, advanced railway, new materials, and agricultural machinery. These targets reveal China’s goal for the near-total displacement of advanced U.S. manufacturing. The United States can no longer afford to blindly accept the Chinese economic grand bargain. Specifically, the Fair Trade with China Enforcement Act would: · 1. Prohibit the sale of national security sensitive technology and intellectual property to China. · 2. Increase taxes on multinational corporations’ income earned in China at a rate similar to the lost value of stolen IP and technology. · 3. Cancel an income tax treaty signed in the 1980s and tax China on their “investment” in the U.S., including their holdings of the national debt. · 4. Prepare duties on, and impose Chinese investor shareholding caps on U.S. companies producing, goods targeted by the Made in China 2025 plan. · 5. Prohibit the federal government, or subsidiaries/contractors, from purchasing telecommunications equipment or services from Huawei and ZTE. How America responds to the growing threats posed by China is the single most important geopolitical issue of our time, and will define the 21st century. This is a plan in the right direction that acknowledges the problem at hand. View full PR
  25. Kurt Faulhammer

    Faulhammer on Term Limits

    Kurt Faulhammer From the Office of Representative Kurt Faulhammer Today I would like to announce my introduction of a joint resolution to create a term limits amendment to the Constitution to the House hopper. According to a Rasmussen telephone poll conducted in 2016 74% of voters when surveyed said they were in favor of establishing term limits for all members of Congress. Term limits are the first step towards reforming Capitol Hill. Infusing Washington with new blood will restore the citizen legislature that our Founding Fathers envisioned. The American people have called for increased accountability, especially in light of recent political scandals and we must deliver. View full PR
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