datamatters24/research-document-archive huggingface dataset:
(8) by redesignating paragraph (6) as para-
graph (10); 
(9) by redesignating paragraphs (2) through (4) 
as paragraphs (5) through (7), respectively; 
(10) by inserting after paragraph (7), as redesig-
nated, the following: 
‘‘(8) DEFAULT; IN DANGER OF DEFAULT.— 
‘‘(A) DEFAULT.—The term ‘default’ means, 
with respect to a regulated entity, any adjudica-
tion or other official determination by any court 
of competent jurisdiction, or the Agency, pursu-
ant to which a conservator, receiver, limited-life 
regulated entity, or legal custodian is appointed 
for a regulated entity. 
‘‘(B) IN DANGER OF DEFAULT.—The term 
‘in danger of default’ means a regulated entity 
with respect to which, in the opinion of the 
Agency— 
‘‘(i) the regulated entity is not likely to 
be able to pay the obligations of the regu-
lated entity in the normal course of busi-
ness; or 
‘‘(ii) the regulated entity—
or the Administrator has notified the public in other 
Federal Register notices of the changes), the Admin-
istrator shall publish a notice in the Federal Reg-
ister that— 
‘‘(A) identifies any pesticide that is the 
subject of a listing proposal under Article 8 of 
the POPs Convention or Article 14 of the 
LRTAP POPs Protocol and describes, as of 
December 31st of the previous calendar year 
(or June 31st of the current calendar year for 
notices published on September 1st), the exact 
status of the proposal in the relevant listing 
process, including— 
‘‘(i) whether the POPs Review Com-
mittee or Conference has decided that, 
under Article 8, paragraphs 4 or 5 of the 
POPs Convention, the proposal to list the 
pesticide shall proceed to preparation of a 
risk profile of the pesticide; 
‘‘(ii) whether the POPs Review Com-
mittee has completed a risk profile; 
‘‘(iii) whether the POPs Review Com-
mittee or Conference has decided that, 
under Article 8, paragraph 7(a) or para-
graph 8 of the POPs Convention, the pro-
posal to list the pesticide shall proceed to 
preparation of a risk management evalua-
tion of the pesticide that includes analyses 
of possible control measures for the pes-
ticide; 
‘‘(iv) whether the POPs Review Com-
mittee has completed the risk management 
evaluation; 
‘‘(v) whether the POPs Review Com-
mittee has made a listing recommendation 
to the Conference regarding the pesticide 
and a general description of the rec-
ommendation; 
‘‘(vi) whether the Executive Body has 
determined that a technical review of the 
proposal to list a pesticide on Annex I or 
II of the LRTAP POPs Protocol is war-
ranted; 
‘‘(vii) whether a technical review of a 
proposal to list a pesticide on Annex I or 
II of the LRTAP POPs Protocol has been 
completed; and 
‘‘(viii) whether any task force, work-
ing group, or other body that is subsidiary 
to the Executive Body has made a rec-
‘‘(2) TYPES
OF
FEES.—Of the total revenue 
amount determined for a fiscal year under para-
graph (1)— 
‘‘(A) one-third shall be derived from fees 
under subsection (a)(1) (relating to human 
drug applications and supplements); 
‘‘(B) one-third shall be derived from fees 
under subsection (a)(2) (relating to prescription 
drug establishments); and 
‘‘(C) one-third shall be derived from fees 
under subsection (a)(3) (relating to prescription 
drug products). 
‘‘(3) MODIFIED WORKLOAD ADJUSTMENT FAC-
TOR
FOR
FISCAL
YEAR 2007.—For purposes of 
paragraph (1)(B), the Secretary shall determine the 
modified workload adjustment factor by determining 
the dollar amount that results from applying the 
methodology that was in effect under subsection 
(c)(2) for fiscal year 2007 to the amount 
$354,893,000, except that, with respect to the por-
tion of such determination that is based on the 
change in the total number of commercial investiga-
tional new drug applications, the Secretary shall 
count the number of such applications that were ac-
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254 
cise any right that such person has to ter-
minate, liquidate, or net such contract 
under paragraph (8)(E) of this subsection 
or under section 403 or 404 of the Federal 
Deposit Insurance Corporation Improve-
ment Act of 1991, solely by reason of or in-
cidental to the appointment of a conservator 
for the regulated entity (or the insolvency or 
financial condition of the regulated entity 
for which the conservator has been ap-
pointed). 
‘‘(iii) NOTICE.—For purposes of this 
paragraph, the conservator or receiver of a 
regulated entity shall be deemed to have no-
tified a person who is a party to a qualified 
financial contract with such regulated enti-
ty, if the conservator or receiver has taken 
steps reasonably calculated to provide notice 
to such person by the time specified in sub-
paragraph (A). 
‘‘(C) BUSINESS
DAY
DEFINED.—For pur-
poses of this paragraph, the term ‘business day’ 
means any day other than any Saturday, Sun-
day, or any day on which either the New York
I 
109TH CONGRESS 
1ST SESSION H. R. 3483
To suspend temporarily the duty on certain footwear. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2005
Mr. RYUN of Kansas introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To suspend temporarily the duty on certain footwear.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CERTAIN FOOTWEAR. 
(a) IN GENERAL.—Subchapter II of chapter 99 of 
the Harmonized Tariff Schedule of the United States is 
amended by inserting in numerical sequence the following 
new heading:
‘‘
9902.64.22
Footwear, other than for 
men, with outer soles of 
leather or composition leath-
er, valued not over $2.50 per 
pair (provided for in sub-
heading 6404.20.20) ............
Free 
No change 
No change 
On or before 
12/31/2009
’’.
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) applies to goods entered, or withdrawn from 
warehouse for consumption, on or after the 15th day after 
the date of the enactment of this Act.
Æ
ommendation regarding the listing of the 
pesticide on Annex I or II of the LRTAP 
POPs Protocol and a description of the 
recommendation; 
‘‘(B) identifies any pesticide that the Con-
ference or Executive Body has added to Annex 
A or B of the POPs Convention or Annex I or 
II of the LRTAP POPs Protocol since the last 
notice the Administrator published under this 
paragraph and provides a general description of 
the control measures related to the pesticide; 
and 
‘‘(C) describes generally any regulatory ac-
tion that the Administrator has taken, is tak-
ing, or has listed as under development or re-
view in the Unified Regulatory Agenda (as re-
quired by section 602 of title 5, United States 
Code) related to any pesticide that the Con-
ference or Executive Body added to Annex A or 
B of the POPs Convention or Annex I or II of 
the LRTAP POPs Protocol since the last notice 
the Administrator published under this para-
graph.
The Administrator shall consider any comments that 
the Administrator receives on the notices that the 
Administrator publishes under this paragraph. 
‘‘(7) CONSIDERATION OF INFORMATION IN CAN-
CELLATION OF REGISTRATION OR PROHIBITION OF 
PRODUCTION
FOR
EXPORT
OR
EXPORT
OF
PES-
TICIDES.—In a cancellation proceeding under section 
6 for a pesticide listed on Annex A or Annex B of 
the POPs Convention or Annex I or Annex II of the 
LRTAP POPs Protocol, the Administrator may con-
sider— 
‘‘(A) the record compiled under paragraphs 
(3), (4), and (5) of this subsection; 
‘‘(B) domestic sale, distribution, produc-
tion, export, and use of the pesticide; 
‘‘(C) 
national 
and 
international 
con-
sequences that are likely to arise as a result of 
domestic regulatory actions (including the pos-
sible consequences of using alternative products 
or processes); 
‘‘(D) for pesticides listed on Annex A or 
Annex B of the POPs Convention— 
‘‘(i) the POPs Review Committee rec-
ommendation under paragraph 9 of Article 
8 of the POPS Convention;
‘‘(ii) the Conference listing decision; 
‘‘(iii) information that the United 
States submits to the POPs Review Com-
mittee or to the Conference pursuant to 
Article 8 of the POPs Convention; and 
‘‘(iv) 
the 
reports, 
including 
any 
versions of the reports revised to reflect in-
formation received through public comment 
and peer review, that the Administrator is 
required to issue for public comment and 
peer review pursuant to paragraphs (3)(E) 
and (4)(E) of this subsection; 
‘‘(E) for pesticides listed on Annex I or 
Annex II of the LRTAP POPs Protocol— 
‘‘(i) any technical review conducted 
pursuant to paragraph 2 of Executive 
Body Decision 1998/2; 
‘‘(ii) the LRTAP POPs Protocol list-
ing decision; 
‘‘(iii) 
the 
reports, 
including 
any 
version of the reports revised to reflect in-
formation received through public comment 
or peer review, that the Administrator is 
required to issue for public comment and
255 
Stock Exchange or the Federal Reserve Bank of 
New York is closed. 
‘‘(11) DISAFFIRMANCE
OR
REPUDIATION
OF 
QUALIFIED FINANCIAL CONTRACTS.—In exercising the 
rights of disaffirmance or repudiation of a conser-
vator or receiver with respect to any qualified finan-
cial contract to which a regulated entity is a party, 
the conservator or receiver for such institution shall 
either— 
‘‘(A) disaffirm or repudiate all qualified fi-
nancial contracts between— 
‘‘(i) any person or any affiliate of such 
person; and 
‘‘(ii) the regulated entity in default; or 
‘‘(B) disaffirm or repudiate none of the 
qualified financial contracts referred to in sub-
paragraph (A) (with respect to such person or 
any affiliate of such person). 
‘‘(12) CERTAIN SECURITY INTERESTS NOT AVOID-
ABLE.—No provision of this subsection shall be con-
strued as permitting the avoidance of any legally en-
forceable or perfected security interest in any of the 
assets of any regulated entity, except where such an 
interest is taken in contemplation of the insolvency of 
the regulated entity, or with the intent to hinder,
I 
109TH CONGRESS 
1ST SESSION H. R. 3484
To suspend temporarily the duty on certain athletic footwear. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2005
Mr. RYUN of Kansas introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To suspend temporarily the duty on certain athletic footwear.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CERTAIN ATHLETIC FOOTWEAR. 
(a) IN GENERAL.—Subchapter II of chapter 99 of 
the Harmonized Tariff Schedule of the United States is 
amended by inserting in numerical sequence the following 
new heading:
‘‘
9902.64.21
Men’s tennis shoes, basket-
ball shoes, gym shoes, train-
ing shoes, and the like, with 
pigskin uppers and outer 
soles of rubber, plastics, 
leather, or composition 
leather (provided for in sub-
heading 6403.99.60) and 
women’s tennis shoes, bas-
ketball shoes, gym shoes, 
training shoes, and the like, 
with pigskin uppers and 
outer soles of rubber, plas-
tics, leather, or composition 
leather, valued over $2.50 
per pair (provided for in 
subheading 6403.99.90) ......
Free 
No change 
No change 
On or before 
12/31/2009
’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) applies to goods entered, or withdrawn from 
warehouse for consumption, on or after the 15th day after 
the date of the enactment of this Act.
Æ
peer review pursuant to paragraphs (3)(E) 
and (4)(E) of this subsection; and 
‘‘(iv) information that the United 
States submitted to the Executive Body, or 
a subsidiary of the Executive Body, in re-
lation to a technical review or listing deci-
sion; and 
‘‘(F) scientific information included in or 
used to develop or support the items listed in 
subparagraphs (A), (B), (C), (D), and (E). 
In determining the weight to give such scientific in-
formation, the Administrator shall consider the ex-
tent to which it is consistent with generally accepted 
scientific principles, including, when available, peer 
reviewed science and supporting studies. 
‘‘(8) NO
EFFECT
ON
OTHER
PROVISIONS.— 
Nothing in this subsection authorizes any sale, dis-
tribution, use, production, or disposal of any POPS 
pesticide or LRTAP POPS pesticide that is prohib-
ited under any other provision of law. Nothing in 
this subsection should be interpreted as interfering 
with or being a prerequisite to the Administrator 
taking any action authorized by section 6. 
‘‘(9) REQUIREMENTS
FOR
EXPORTS.—In the 
case of a pesticide or active ingredient used in pro-
ducing a pesticide identified by the Administrator as 
listed on Annex III of the PIC Convention in a no-
tice issued under paragraph (12)(C), any person 
that distributes in commerce the pesticide or active 
ingredient used in producing a pesticide for export 
shall comply with any export conditions or restric-
tions identified by the Administrator in the notice. 
‘‘(10) PRE-EXPORT NOTICES.— 
‘‘(A) IN GENERAL.— 
‘‘(i) REQUIREMENT.—In the case of— 
‘‘(I) a pesticide or active ingre-
dient used in producing a pesticide 
that the Administrator determines to 
be banned or severely restricted under 
paragraph (12)(A); 
‘‘(II) a pesticide or active ingre-
dient used in producing a pesticide 
identified by the Administrator in a 
notice 
issued 
under 
paragraph 
(12)(C); or 
‘‘(III) a POPs pesticide the ex-
port of which is not prohibited under 
paragraph (2); 
the exporter of the pesticide or active in-
gredient used in producing a pesticide shall
provide to the Administrator notice of the 
intent of the exporter to export the pes-
ticide. 
‘‘(ii) TIMING OF NOTICE FOR BANNED 
OR SEVERELY RESTRICTED PESTICIDE OR 
ACTIVE INGREDIENT USED IN PRODUCING 
A PESTICIDE.— 
‘‘(I) FIRST EXPORT.—In the case 
of a first export that an exporter 
makes from the territory of the 
United States to each importing for-
eign state after the Administrator 
issues a notice under paragraph 
(12)(A), the exporter shall provide the 
notice so that the Administrator re-
ceives the notice not earlier than 45 
nor later than 15 calendar days before 
the date of export. 
‘‘(II) SUBSEQUENT
EXPORTS.— 
In the case of subsequent exports to 
the importing foreign state in cal-
endar years subsequent to the notifi-
cation provided under subclause (I), 
the exporter shall provide the notice 
so that the Administrator receives the
256 
delay, or defraud the regulated entity or the creditors 
of such regulated entity. 
‘‘(13) AUTHORITY TO ENFORCE CONTRACTS.— 
‘‘(A) IN
GENERAL.—Notwithstanding any 
provision of a contract providing for termi-
nation, default, acceleration, or exercise of rights 
upon, or solely by reason of, insolvency or the 
appointment of, or the exercise of rights or pow-
ers by, a conservator or receiver, the conservator 
or receiver may enforce any contract, other than 
a contract for liability insurance for a director 
or officer, or a contract or a regulated entity 
bond, entered into by the regulated entity. 
‘‘(B) CERTAIN RIGHTS NOT AFFECTED.—No 
provision of this paragraph may be construed as 
impairing or affecting any right of the conser-
vator or receiver to enforce or recover under a li-
ability insurance contract for an officer or direc-
tor, or regulated entity bond under other appli-
cable law. 
‘‘(C) CONSENT REQUIREMENT.— 
‘‘(i) IN GENERAL.—Except as otherwise 
provided under this section, no person may 
exercise any right or power to terminate, 
accelerate, or declare a default under any
711 
electricity generation, transportation, heating, or 
cooling. 
‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 2 of the Energy 
Policy Act of 2005 (42 U.S.C. 15801). 
‘‘(b) GRANTS FOR ENERGY EFFICIENCY IMPROVE-
MENT.— 
‘‘(1) IN GENERAL.—The Secretary shall award 
not more than 100 grants per year to institutions of 
higher education to carry out projects to improve en-
ergy efficiency on the grounds and facilities of the 
institution of higher education, including not less 
than 1 grant to an institution of higher education in 
each State. 
‘‘(2) CONDITION.—As a condition of receiving a 
grant under this subsection, an institution of higher 
education shall agree to— 
‘‘(A) implement a public awareness cam-
paign concerning the project in the community 
in which the institution of higher education is 
located; and 
‘‘(B) submit to the Secretary, and make 
available to the public, reports on any efficiency 
improvements, energy cost savings, and environ-
tive during the most recent 12-month period for 
which data on such submissions is available. 
‘‘(4) ADDITIONAL FEE REVENUES FOR DRUG 
SAFETY.— 
‘‘(A) IN GENERAL.—For each of the fiscal 
years 2008 through 2012, paragraph (1)(A) 
shall be applied by substituting the amount de-
termined 
under 
subparagraph 
(B) 
for 
‘$392,783,000’. 
‘‘(B) AMOUNT DETERMINED.—For each of 
the fiscal years 2008 through 2012, the amount 
determined under this subparagraph is the sum 
of— 
‘‘(i) $392,783,000; plus 
‘‘(ii)(I) 
for 
fiscal 
year 
2008, 
$25,000,000; 
‘‘(II) 
for 
fiscal 
year 
2009, 
$35,000,000; 
‘‘(III) 
for 
fiscal 
year 
2010, 
$45,000,000; 
‘‘(IV) 
for 
fiscal 
year 
2011, 
$55,000,000; and 
‘‘(V) 
for 
fiscal 
year 
2012, 
$65,000,000.’’. 
(c) ADJUSTMENTS TO FEES.— 
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(1) the 2006 National Assessment of Edu-
cational Progress assessments in United States his-
tory and civics demonstrated high percentages of 
students scoring below basic even though there were 
increases in scores, particularly for lower-performing 
students, compared to previous such assessments; 
(2) in the 2006 National Assessment of Edu-
cational Progress assessment in United States his-
tory— 
(A) 30 percent of students in grade 4 
scored below basic, 35 percent of students in 
grade 8 scored below basic, and 53 percent of 
students in grade 12 scored below basic; 
(B) a 31 point achievement gap exists for 
students in grade 4 who are from low-income 
families, as compared to students in grade 4 
who are from high-income families, a 32 point 
achievement gap exists between black and white 
students in grade 4, and a 30 point achieve-
ment gap exists between white and Hispanic 
students in grade 4; 
(C) 86 percent of students in grade 12 
could not explain a reason for United States in-
volvement in the Korean War; 
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(1) 
INFLATION
ADJUSTMENT.—Section 
736(c)(1) (21 U.S.C. 379h(c)(1)) is amended— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘The revenues established in 
subsection (b)’’ and inserting ‘‘For fiscal year 
2009 and subsequent fiscal years, the revenues 
established in subsection (b)’’; 
(B) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(C) in subparagraph (B), by striking the 
period at the end and inserting ‘‘, or’’; 
(D) by inserting after subparagraph (B) 
the following: 
‘‘(C) the average annual change in the 
cost, per full-time equivalent position of the 
Food and Drug Administration, of all personnel 
compensation and benefits paid with respect to 
such positions for the first 5 years of the pre-
ceding 6 fiscal years.’’; and 
(E) in the matter following subparagraph 
(C) (as added by subparagraph (D)), by strik-
ing ‘‘fiscal year 2003’’ and inserting ‘‘fiscal 
year 2008’’. 
(2) 
WORKLOAD
ADJUSTMENT.—Section 
736(c)(2) (21 U.S.C. 379h(c)(2)) is amended— 
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(A) in the matter preceding subparagraph 
(A), by striking ‘‘Beginning with fiscal year 
2004,’’ and inserting ‘‘For fiscal year 2009 and 
subsequent fiscal years,’’; 
(B) in subparagraph (A), in the first sen-
tence— 
(i) by striking ‘‘human drug applica-
tions,’’ and inserting ‘‘human drug applica-
tions (adjusted for changes in review ac-
tivities, as described in the notice that the 
Secretary is required to publish in the 
Federal Register under this subpara-
graph),’’; 
(ii) by striking ‘‘commercial investiga-
tional new drug applications,’’; and 
(iii) by inserting before the period the 
following: ‘‘, and the change in the total 
number of active commercial investiga-
tional new drug applications (adjusted for 
changes in review activities, as so de-
scribed) during the most recent 12-month 
period for which data on such submissions 
is available’’; 
(C) in subparagraph (B), by adding at the 
end the following: ‘‘Any adjustment for changes 
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(D) 99 percent of students in grade 8 
could not explain how the fall of the Berlin 
Wall affected United States foreign policy; and 
(E) 76 percent of students in grade 4 
could not explain why early American pioneers 
settled on the western frontier; 
(3) in the 2006 National Assessment of Edu-
cational Progress assessment in the United States 
civics— 
(A) 27 percent of students in grade 4 
scored below basic, 30 percent of students in 
grade 8 scored below basic, and 34 percent of 
students in grade 12 scored below basic; 
(B) a 29 point achievement gap exists for 
students in grade 4 who are from low-income 
families, as compared to students in grade 4 
who are from high-income families, a 25 point 
achievement gap exists between black and white 
students in grade 4, and a 26 point achieve-
ment gap exists between white and Hispanic 
students in grade 4; 
(C) 72 percent of students in grade 8 
could not explain the historical purpose of the 
Declaration of Independence; and 
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I 
111TH CONGRESS 
1ST SESSION 
H. R. 411 
To assist in the conservation of rare felids and rare canids by supporting 
and providing financial resources for the conservation programs of na-
tions within the range of rare felid and rare canid populations and 
projects of persons with demonstrated expertise in the conservation of 
rare felid and rare canid populations. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 9, 2009 
Mr. INSLEE (for himself, Mr. TANNER, Mr. ROGERS of Kentucky, Mr. ROYCE, 
Ms. BORDALLO, and Mr. MCHUGH) introduced the following bill; which 
was referred to the Committee on Natural Resources 
A BILL 
To assist in the conservation of rare felids and rare canids 
by supporting and providing financial resources for the 
conservation programs of nations within the range of 
rare felid and rare canid populations and projects of 
persons with demonstrated expertise in the conservation 
of rare felid and rare canid populations. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Great Cats and Rare 
Canids Act of 2009’’. 
VerDate Nov 24 2008 
03:36 Jan 12, 2009
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