115 HR 1459 IH: Financial Stability Oversight Council Reform Act
U.S. House of Representatives
2017-03-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
115th CONGRESS1st Session
H. R. 1459
IN THE HOUSE OF REPRESENTATIVES

March 9, 2017
Mr. Emmer introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To place the Financial Stability Oversight Council and the Office of Financial Research under the regular appropriations process, to provide for certain quarterly reporting and public notice and comment requirements for the Office of Financial Research, and for other purposes.

1.Short titleThis Act may be cited as the Financial Stability Oversight Council Reform Act. 2.Funding (a)In generalSection 155 of the Financial Stability Act of 2010 (12 U.S.C. 5345) is amended—
(1)in subsection (b)— (A)in paragraph (1), by striking be immediately available to the Office and inserting be available to the Office, as provided for in appropriation Acts;
(B)by striking paragraph (2); and (C)by redesignating paragraph (3) as paragraph (2); and
(2)in subsection (d), by amending the heading to read as follows: Assessment schedule.—. (b)Effective dateThe amendments made by this section shall take effect on October 1, 2017.
3.Quarterly reportingSection 153 of the Financial Stability Act of 2010 (12 U.S.C. 5343) is amended by adding at the end the following:  (g)Quarterly reporting (1)In generalNot later than 60 days after the end of each quarter, the Office shall submit reports on the Office’s activities to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(2)ContentsThe reports required under paragraph (1) shall include— (A)the obligations made during the previous quarter by object class, office, and activity;
(B)the estimated obligations for the remainder of the fiscal year by object class, office, and activity; (C)the number of full-time equivalents within the Office during the previous quarter;
(D)the estimated number of full-time equivalents within each office for the remainder of the fiscal year; and (E)actions taken to achieve the goals, objectives, and performance measures of the Office.
(3)TestimonyAt the request of any committee specified under paragraph (1), the Office shall make officials available to testify on the contents of the reports required under paragraph (1).. 4.Public notice and comment periodSection 153(c) of the Financial Stability Act of 2010 (12 U.S.C. 5343(c)) is amended by adding at the end the following:

(3)Public notice and comment periodThe Office shall provide for a public notice and comment period of not less than 90 days before issuing any proposed report, rule, or regulation. (4)Additional report requirements (A)In generalExcept as provided under paragraph (3), the requirements under section 553 of title 5, United States Code, shall apply to a proposed report of the Office to the same extent as such requirements apply to a proposed rule of the Office.
(B)Exception for certain reportsThis paragraph and paragraph (3) shall not apply to a report required under subsection (g)(1) or section 154(d)(1).. 5.Additional duties of the Office of Financial ResearchSection 153 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5343), as amended by section 3, is further amended by adding at the end the following new subsection:

(h)Additional duties
(1)Annual work plan
(A)In generalThe Director shall, after a period of 60 days for public notice and comment, annually publish a detailed work plan concerning the priorities of the Office for the upcoming fiscal year. (B)RequirementsThe work plan shall include the following:
(i)A unique alphanumeric identifier and detailed description of any report, study, working paper, grant, guidance, data collection, or request for information that is expected to be in progress during, or scheduled to begin in, the upcoming fiscal year. (ii)For each item listed under clause (i), a target date for any significant actions related to such item, including the target date—
(I)for the release of a report, study, or working paper; (II)for, and topics of, a meeting of a working paper group and each solicitation of applications for grants; and
(III)for the issuance of guidance, data collections, or requests for information. (iii)A list of all technical and professional advisory committees that is expected to be convened in the upcoming fiscal year pursuant to section 152(h).
(iv)The name and professional affiliations of each individual who served during the previous fiscal year as an academic or professional fellow pursuant to section 152(i). (v)A detailed description of the progress made by primary financial regulatory agencies in adopting a unique alphanumeric system to identify legally distinct entities that engage in financial transactions (commonly known as a Legal Entity Identifier), including a list of regulations requiring the use of such a system and actions taken to ensure the adoption of such a system by primary financial regulatory agencies.
(2)Public reports
(A)ConsultationIn preparing any public report with respect to a specified entity, class of entities, or financial product or service, the Director shall consult with any Federal department or agency with expertise in regulating the entity, class of entities, or financial product or service. (B)Report requirementsA public report described in subparagraph (A) shall include—
(i)an explanation of any changes made as a result of a consultation under this subparagraph and, with respect to any changes suggested in such consultation that were not made, the reasons that the Director did not incorporate such changes; and (ii)information on the date, time, and nature of such consultation.
(C)Notice and commentBefore issuing any public report described in subparagraph (A), the Director shall provide a period of 90 days for public notice and comment on the report. (3)Cybersecurity plan (A)In generalThe Office shall develop and implement a cybersecurity plan that uses appropriate safeguards that are adequate to protect the integrity and confidentiality of the data in the possession of the Office.
(B)GAO reviewThe Comptroller General of the United States shall annually audit the cybersecurity plan and its implementation described in subparagraph (A)..


110 HR 5768 IH: CFTC Improvement Act of

U.S. House of Representatives
2008-04-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 5768
		IN THE HOUSE OF REPRESENTATIVES

			April 10, 2008
			Mr. Frelinghuysen
			 introduced the following bill; which was referred to the
			 Committee on Agriculture,
			 and in addition to the Committee on Financial Services, for a period to be
			 subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To amend the Commodity Exchange Act to provide the
		  Commodity Futures Trading Commission authority over off-exchange retail foreign
		  currency transactions, and for other purposes.

		1.Short titleThis title may be cited as the
			 CFTC Improvement Act of
			 2008.
		IGeneral
			 Provisions
			101.CFTC Authority
			 over off-exchange retail foreign currency transactions
				(a)In
			 GeneralSection 2(c)(2) of the Commodity Exchange Act (7 U.S.C.
			 2(c)(2)) is amended by striking subparagraphs (B) and (C) and inserting the
			 following:

						(B)Agreements,
				contracts, and transactions in retail foreign currency
							(i)This Act applies
				to, and the Commission shall have jurisdiction over, an agreement, contract, or
				transaction in foreign currency that—
								(I)is a contract of
				sale of a commodity for future delivery (or an option on such a contract) or an
				option (other than an option executed or traded on a national securities
				exchange registered pursuant to section 6(a) of the Securities Exchange Act of
				1934 (15 U.S.C. 78f(a))); and
								(II)is offered to, or
				entered into with, a person that is not an eligible contract participant,
				unless the counterparty, or the person offering to be the counterparty, of the
				person is—
									(aa)a
				financial institution;
									(bb)(AA)a broker or dealer
				registered under section 15(b) (except paragraph (11) thereof) or 15C of the
				Securities Exchange Act of 1934 (15 U.S.C. 78o(b), 78o–5); or
										(BB)an associated person of a broker or dealer
				registered under section 15(b) (except paragraph (11) thereof) or 15C of the
				Securities Exchange Act of 1934 (15 U.S.C. 78o(b), 78o–5) concerning the
				financial or securities activities of which the broker or dealer makes and
				keeps records under section 15C(b) or 17(h) of the Securities Exchange Act of
				1934 (15 U.S.C. 78o–5(b), 78q(h));
										(cc)a
				futures commission merchant registered under this Act (that is not also a
				person described in item (bb)), or an affiliated person of such a futures
				commission merchant (that is not also a person described in item (bb)) if the
				futures commission merchant makes and keeps records under section 4f(c)(2)(B)
				of this Act concerning the futures and other financial activities of the
				affiliated person;
									(dd)an
				insurance company described in section 1a(12)(A)(ii) of this Act, or a
				regulated subsidiary or affiliate of such an insurance company;
									(ee)a
				financial holding company (as defined in section 2 of the Bank Holding Company
				Act of 1956); or
									(ff)an
				investment bank holding company (as defined in section 17(i) of the Securities
				Exchange Act of 1934 (15 U.S.C. 78q(i))).
									(ii)Notwithstanding
				item (cc) of clause (i)(II) of this subparagraph, agreements, contracts, or
				transactions described in clause (i) of this subparagraph shall be subject to
				subsection (a)(1)(B) of this section and sections 4(b), 4b, 4c(b), 4o, 6(c) and
				6(d) (except to the extent that sections 6(c) and 6(d) prohibit manipulation of
				the market price of any commodity in interstate commerce, or for future
				delivery on or subject to the rules of any market), 6c, 6d, 8(a), 13(a), and
				13(b) if the agreements, contracts, or transactions are offered, or entered
				into, by a person that is registered as a futures commission merchant or an
				affiliated person of a futures commission merchant registered under this Act
				that is not also a person described in any of items (aa), (bb), (dd), (ee), or
				(ff) of clause (i)(II) of this subparagraph.
							(iii)(I)Notwithstanding item
				(cc) of clause (i)(II), a person shall not participate in the solicitation or
				recommendation of any agreement, contract, or transaction described in clause
				(i) entered into with or to be entered into with a person described in such
				item, unless the person—
									(aa)is registered in such capacity as the
				Commission by rule, regulation, or order shall determine; and
									(bb)is a member of a futures association
				registered under section 17.
									(II)Subclause (I)
				shall not apply to—
									(aa)any
				person described in any of items (aa), (bb), (dd), (ee), or (ff) of
				subparagraph (B)(i)(II); or
									(bb)any
				such person's associated persons.
									(C)(i)(I)This subparagraph shall
				apply to any agreement, contract, or transaction in foreign currency that
				is—
									(aa)offered to, or entered into with, a
				person that is not an eligible contract participant (except that this
				subparagraph shall not apply if the counterparty, or the person offering to be
				the counterparty, of the person that is not an eligible contract participant is
				a person described in any of items (aa), (bb), (dd), (ee), or (ff) of
				subparagraph (B)(i)(II)); and
									(bb)offered, or entered into, on a leveraged
				or margined basis, or financed by the offeror, the counterparty, or a person
				acting in concert with the offeror or counterparty on a similar basis.
									(II)Subclause (I) shall not apply
				to—
									(aa)a security that is not a security
				futures product; or
									(bb)a contract of sale that—
										(AA)results in actual delivery within 2
				days; or
										(BB)creates an enforceable obligation to
				deliver between a seller and buyer that have the ability to deliver and accept
				delivery, respectively, in connection with their line of business.
										(ii)(I)Agreements, contracts, or
				transactions described in clause (i) of this subparagraph shall be subject to
				subsection (a)(1)(B) of this section and sections 4(b), 4b, 4c(b), 4o, 6(c) and
				6(d) (except to the extent that sections 6(c) and 6(d) prohibit manipulation of
				the market price of any commodity in interstate commerce, or for future
				delivery on or subject to the rules of any market), 6c, 6d, 8(a), 13(a), and
				13(b).
								(II)Subclause (I) of this clause shall
				not apply to—
									(aa)any person described in any of
				items (aa), (bb), (dd), (ee), or (ff) of subparagraph (B)(i)(II); or
									(bb)any such person's associated
				persons.
									(iii)(I)A person shall not
				participate in the solicitation or recommendation of any agreement, contract,
				or transaction described in clause (i) of this subparagraph unless the person
				is registered in such capacity as the Commission by rule, regulation, or order
				shall determine, and is a member of a futures association registered under
				section 17.
								(II)Subclause (I) shall not apply
				to—
									(aa)any person described in any of items
				(aa), (bb), (dd), (ee), or (ff) of subparagraph (B)(i)(II); or
									(bb)any such person's associated
				persons.
									(iv)(I)Sections 4(b) and 4b
				shall apply to any agreement, contract, or transaction described in clause (i)
				of this subparagraph as if the agreement, contract, or transaction were a
				contract of sale of a commodity for future delivery.
								(II)The Commission may, after issuing notice
				and soliciting comment, issue rules proscribing fraud in connection with any
				agreement, contract, or transaction described in clause (i) of this
				subparagraph in an exempt commodity or an agricultural commodity. Nothing in
				this provision shall affect the determination of whether the agreement,
				contract, or transaction is a contract for the purchase or sale of a commodity
				for future delivery for purposes of section 4(a).
								(v)This subparagraph
				shall not be construed to limit any jurisdiction that the Commission may
				otherwise have under any other provision of this Act over an agreement,
				contract, or transaction that is a contract of sale of a commodity for future
				delivery.
							(vi)This subparagraph
				shall not be construed to limit any jurisdiction that the Commission or the
				Securities and Exchange Commission may otherwise have under any other provision
				of this Act with respect to security futures products and persons effecting
				transactions in security futures
				products.
							.
				(b)Effective
			 DateClause (iii) of section 2(c)(2)(B) and clause (iii) of
			 section 2(c)(2)(C) of such Act, as amended by subsection (a) of this section,
			 shall be effective 120 days after the date of the enactment of this Act or such
			 other time as the Commodity Futures Trading Commission shall determine.
				102.Liaison with
			 Department of JusticeSection
			 2(a)(9) of the Commodity Exchange Act (7 U.S.C. 2(a)(9)) is amended by adding
			 at the end the following:

					(C)Liaison with
				department of justice
						(i)In
				generalThe Commission shall, in cooperation with the Attorney
				General, maintain a liaison between the Commission and the Department of
				Justice to coordinate civil and criminal investigations and prosecutions of
				violations of this Act as appropriate.
						(ii)DesignationThe
				Attorney General shall designate a person as liaison and take such steps as are
				necessary to facilitate communications described in clause
				(i).
						.
			103.Anti-fraud
			 Authority over principal-to-principal transactionsSection
			 4b of the Commodity Exchange Act (7 U.S.C. Section 6b) is amended—
				(1)by redesignating
			 subsections (b) and (c) as subsections (c) and (d), respectively; and
				(2)by striking
			 SEC.4b. and all that follows through the end of subsection (a)
			 and inserting the following

						(a)Unlawful
				ActionsIt shall be unlawful—
							(1)for any person, in
				or in connection with any order to make, or the making of, any contract of sale
				of any commodity in interstate commerce or for future delivery that is made, or
				to be made, on or subject to the rules of a designated contract market, for or
				on behalf of any other person; or
							(2)for any person, in
				or in connection with any order to make, or the making of, any contract of sale
				of any commodity for future delivery, or other agreement, contract, or
				transaction subject to paragraphs (1) and (2) of section 5a(g), that is made,
				or to be made, for or on behalf of, or with, any other person, other than on or
				subject to the rules of a designated contract market—
								(A)to cheat or
				defraud or attempt to cheat or defraud the other person;
								(B)willfully to make
				or cause to be made to the other person any false report or statement or
				willfully to enter or cause to be entered for the other person any false
				record;
								(C)willfully to
				deceive or attempt to deceive the other person by any means whatsoever in
				regard to any order or contract or the disposition or execution of any order or
				contract, or in regard to any act of agency performed, with respect to any
				order or contract for or, in the case of section 5a(g)(2), with the other
				person; or
								(D)(i)to bucket an order if
				the order is either represented by the person as an order to be executed, or is
				required to be executed, on or subject to the rules of a designated contract
				market; or
									(ii)to fill an order by offset against
				the order or orders of any other person, or willfully and knowingly and without
				the prior consent of the other person to become the buyer in respect to any
				selling order of the other person, or become the seller in respect to any
				buying order of the other person, if the order is either represented by the
				person as an order to be executed, or is required to be executed, on or subject
				to the rules of a designated contract market unless the order is executed in
				accordance with the rules of the designated contract market.
									(b)ClarificationSubsection
				(a)(2) of this section shall not obligate any person, in or in connection with
				a transaction in a contract of sale of a commodity for future delivery, or
				other agreement, contract or transaction subject to paragraphs (1) and (2) of
				section 5a(g), with another person, to disclose to the other person nonpublic
				information that may be material to the market price, rate, or level of the
				commodity or transaction, except as necessary to make any statement made to the
				other person in or in connection with the transaction not misleading in any
				material
				respect.
						.
				104.Criminal and
			 civil penalties
				(a)Enforcement
			 Powers of the CommissionSection 6(c) of the Commodity Exchange
			 Act (7 U.S.C. 9, 15) is amended in paragraph (3) of the 10th sentence—
					(1)by inserting
			 (A) after assess such person; and
					(2)by inserting after
			 each such violation the following: , or (B) in any case
			 of manipulation or attempted manipulation in violation of this subsection,
			 subsection (d) of this section, or section 9(a)(2), a civil penalty of not more
			 than the greater of $1,000,000 or triple the monetary gain to the person for
			 each such violation,.
					(b)Nonenforcement
			 of Rules of Government or Other ViolationsSection 6b of such Act
			 (7 U.S.C. 13a) is amended—
					(1)in the first
			 sentence, by inserting before the period at the end the following: , or,
			 in any case of manipulation or attempted manipulation in violation of section
			 6(c), 6(d), or 9(a)(2), a civil penalty of not more than $1,000,000 for each
			 such violation; and
					(2)in the second
			 sentence, by inserting before the period at the end the following: ,
			 except that if the failure or refusal to obey or comply with the order involved
			 any offense under section 9(a)(2), the registered entity, director, officer,
			 agent, or employee shall be guilty of a felony and, on conviction, shall be
			 subject to penalties under section 9(a)(2).
					(c)Action To Enjoin
			 or Restrain ViolationsSection 6c(d) of such Act (7 U.S.C.
			 13a–1(d)) is amended by striking (d) and all that follows
			 through the end of paragraph (1) and inserting the following:

						(d)Civil
				Penalties
							(1)In
				generalIn any action brought under this section, the Commission
				may seek and the court shall have jurisdiction to impose, on a proper showing,
				on any person found in the action to have committed any violation—
								(A)a civil penalty in
				the amount of not more than the greater of $100,000 or triple the monetary gain
				to the person for each violation; or
								(B)in any case of
				manipulation or attempted manipulation in violation of section 6(c), 6(d), or
				9(a)(2), a civil penalty in the amount of not more than the greater of
				$1,000,000 or triple the monetary gain to the person for each
				violation.
								.
				(d)Violations
			 GenerallySection 9 of such Act (7 U.S.C. 13) is amended—
					(1)in subsection (a),
			 in the matter preceding paragraph (1)—
						(A)by striking
			 (or $500,000 in the case of a person who is an individual);
			 and
						(B)by striking
			 five years and inserting 10 years;
						(2)by re-designating
			 subsection (f) as subsection (e); and
					(3)in paragraph (1)
			 of subsection (e) (as redesignated by paragraph (2)), by striking the period at
			 the end and inserting ; or.
					105.Authorization of
			 appropriationsSection 12(d)
			 of the Commodity Exchange Act (7 U.S.C. 16(d)) is amended to read as
			 follows:

					(d)There are
				authorized to be appropriated such sums as are necessary to carry out this Act
				for each of the fiscal years 2008 through
				2013.
					.
			106.Technical and
			 conforming amendments
				(a)Section 4a(e) of
			 the Commodity Exchange Act (7 U.S.C. 6a(e)) is amended in the last proviso by
			 striking section 9(c) and inserting section
			 9(a)(5).
				(b)Section
			 4f(c)(4)(B)(i) of such Act (7 U.S.C. 6f(c)(4)(B)(i)) is amended by striking
			 compiled and inserting complied.
				(c)Section 4k of such
			 Act (7 U.S.C. 6k) is amended by redesignating the second paragraph (5) as
			 paragraph (6).
				(d)The Commodity
			 Exchange Act is amended—
					(1)by redesignating
			 the first section 4p (7 U.S.C. 6o–1), as added by section 121 of the Commodity
			 Futures Modernization Act of 2000, as section 4q; and
					(2)by moving such
			 section to after the second section 4p, as added by section 206 of Public Law
			 93–446.
					(e)Subsections (a)(1)
			 and (d)(1) of section 5c of such Act (7 U.S.C. 7a–2(a)(1), (d)(1)) are each
			 amended by striking 5b(d)(2) and inserting
			 5b(c)(2).
				(f)Sections 5c(f) and
			 17(r) of such Act (7 U.S.C. 7a–2(f), 21(r)) are each amended by striking
			 4d(3) and inserting 4d(c).
				(g)Section 8(a)(1) of
			 such Act (7 U.S.C. 12(a)(1)) is amended in the matter following subparagraph
			 (B)—
					(1)by striking
			 commenced in the 2nd place it appears; and
					(2)by inserting
			 commenced after in a judicial proceeding.
					(h)Section 22(a)(2) of
			 such Act (7 U.S.C. 25(a)(2)) is amended by striking 5b(b)(1)(E)
			 and inserting 5b(c)(2)(H).
				107.Portfolio
			 Margining and Security Index Issues
				(a)The agencies
			 represented on the President's Working Group on Financial Markets shall work to
			 ensure that the Securities and Exchange Commission (SEC), the Commodity Futures
			 Trading Commission (CFTC), or both, as appropriate, have taken the actions
			 required under subsection (b).
				(b)The SEC, the CFTC,
			 or both, as appropriate, shall take action under their existing authorities to
			 permit—
					(1)by September 30,
			 2008, risk-based portfolio margining for security options and security futures
			 products; and
					(2)by June 30, 2008,
			 the trading of futures on certain security indexes by resolving issues related
			 to foreign security indexes.
					IISignificant Price
			 Discovery Contracts on Exempt Commercial Markets
			201.Significant
			 price discovery contracts
				(a)DefinitionsSection
			 1a of the Commodity Exchange Act (7 U.S.C. 1a) is amended—
					(1)by redesignating
			 paragraph (33) as paragraph (34); and
					(2)by inserting after
			 paragraph (32) the following:

							(33)Significant
				price discovery contractThe term significant price
				discovery contract means an agreement, contract, or transaction subject
				to section
				2(h)(7)(A).
							.
					(b)Standards
			 Applicable to Significant Price Discovery ContractsSection 2(h)
			 of such Act (7 U.S.C. 2(h)) is amended by adding at the end the
			 following:

						(7)Standards
				applicable to significant price discover contracts
							(A)In
				generalAn agreement, contract, or transaction conducted in
				reliance on the exemption in paragraph (3) shall be subject to the provisions
				of subparagraphs (B) through (E), under such rules and regulations as the
				Commission may promulgate, provided that the Commission determines, in its
				discretion, that the agreement, contract, or transaction performs a significant
				price discovery function as described in subparagraph (B).
							(B)Significant
				price discovery determinationIn making a determination whether
				an agreement, contract, or transaction performs a significant price discovery
				function, the Commission shall consider, as appropriate:
								(i)Price
				linkageThe extent to which the agreement, contract, or
				transaction uses or otherwise relies on a daily or final settlement price, or
				other major price parameter, of a contract or contracts listed, for trading on
				or subject to the rules of a designated contract market or a derivatives
				transaction execution facility, or a significant price discovery contract
				traded on an electronic trading facility, to value a position, transfer or
				convert a position, cash or financially settle a position, or close out a
				position.
								(ii)ArbitrageThe
				extent to which the price for the agreement, contract, or transaction is
				sufficiently related to the price of a contract or contracts listed for trading
				on or subject to the rules of a designated contract market or derivatives
				transaction execution facility so as to permit market participants to
				effectively arbitrage between the markets by simultaneously maintaining
				positions or executing trades in the contracts on the electronic trading
				facility and the designated contract market or derivatives transaction
				execution facility on a frequent and recurring basis.
								(iii)Material price
				referenceThe extent to which, on a frequent and recurring basis,
				bids, offers, or transactions in a commodity are directly based on, or are
				determined by referencing, the prices generated by agreements, contracts, or
				transactions being traded or executed on the electronic trading
				facility.
								(iv)Material
				liquidityThe extent to which the volume of agreements,
				contracts, or transactions in the commodity being traded on the electronic
				trading facility is sufficient to have a material impact on other agreements,
				contracts, or transactions listed for trading on or subject to the rules of a
				designated contract market, a derivatives trading execution facility, or an
				electronic trading facility operating in reliance on the exemption in paragraph
				(3).
								(v)Other material
				factorsSuch other material factors as the Commission specifies
				by rule as relevant to determine whether an agreement, contract, or transaction
				serves a significant price discovery function.
								(C)Core principles
				applicable to significant price discovery contracts
								(i)In
				generalAn electronic trading facility on which significant price
				discovery contracts are traded or executed shall, with respect to those
				contracts, comply with the core principles specified in this
				subparagraph.
								(ii)Core
				principlesThe electronic trading facility shall have reasonable
				discretion in establishing the manner in which it complies with the following
				core principles:
									(I)Contracts not
				readily susceptible to manipulationThe electronic trading
				facility shall list only significant price discovery contracts that are not
				readily susceptible to manipulation.
									(II)Monitoring of
				tradingThe electronic trading facility shall monitor trading in
				significant price discovery contracts to prevent market manipulation, price
				distortion, and disruptions of the delivery or cash-settlement process through
				market surveillance, compliance, and disciplinary practices and procedures,
				including methods for conducting real-time monitoring of trading and
				comprehensive and accurate trade reconstructions.
									(III)Ability to
				obtain informationThe electronic trading facility shall—
										(aa)establish and
				enforce rules that will allow the electronic trading facility to obtain any
				necessary information to perform any of the functions described in this
				subparagraph;
										(bb)provide the
				information to the Commission upon request; and
										(cc)have the capacity
				to carry out such international information-sharing agreements as the
				Commission may require.
										(IV)Position
				limitations or accountabilityThe electronic trading facility
				shall adopt position limitations or position accountability for speculators in
				significant price discovery contracts, where necessary and appropriate, to
				reduce the potential threat of market manipulation, price distortion, and
				disruptions of the delivery or cash-settlement process or congestion,
				especially during trading in the delivery month.
									(V)Emergency
				authorityThe electronic trading facility shall adopt rules to
				provide for the exercise of emergency authority, in consultation or cooperation
				with the Commission, where necessary and appropriate, including the
				authority—
										(aa)to
				liquidate open positions in a significant price discovery contract; and
										(bb)to
				suspend or curtail trading in a significant price discovery contract.
										(VI)Daily
				publication of trading informationThe electronic trading
				facility shall make public daily information on price, trading volume, and
				other trading data for significant price discovery contracts, as the Commission
				considers appropriate.
									(VII)Compliance
				with rulesThe electronic trading facility shall monitor and
				enforce compliance with any rules of the electronic trading facility applicable
				to significant price discovery contracts, including the terms and conditions of
				the contracts and any limitations on access to the electronic trading facility
				with respect to the contracts.
									(VIII)Conflict of
				interestThe electronic trading facility shall—
										(aa)establish and
				enforce rules to minimize conflicts of interest in its decision-making process;
				and
										(bb)establish a
				process for resolving the conflicts.
										(IX)Antitrust
				considerationsUnless necessary or appropriate to achieve the
				purposes of this Act, the electronic trading facility shall endeavor to
				avoid—
										(aa)adopting any
				rules or taking any actions that result in any unreasonable restraints of
				trade; or
										(bb)imposing any
				material anticompetitive burden on trading on the electronic trading
				facility.
										(D)ImplementationThe
				electronic trading facility shall have discretion to take into account
				differences between cleared and uncleared significant price discovery contracts
				in applying core principles in subclauses (IV) and (V) of subparagraph (C)(ii),
				and the Commission shall take the differences into consideration when reviewing
				the implementation of the core principles by an electronic trading
				facility.
							(E)New significant
				price discovery contracts
								(i)NotificationAn
				electronic trading facility shall notify the Commission whenever the electronic
				trading facility has reason to believe that an agreement, contract, or
				transaction conducted in reliance on the exemption provided in paragraph (3)
				displays any of the factors relating to a significant price discovery function
				as described in subparagraph (B) (including regulations under this
				paragraph).
								(ii)ReviewIn
				addition to any review conducted upon receiving a notification pursuant to
				clause (i), at any other such time the Commission determines to be appropriate,
				but at least on an annual basis, the Commission shall conduct an evaluation,
				appropriate to the agreement, contract, or transaction, to determine whether
				any agreement, contract, or transaction conducted on an electronic trading
				facility in reliance on the exemption provided in paragraph (3) is performing a
				significant price discovery
				function.
								.
				202.Large trader
			 reporting
				(a)Reporting and
			 RecordkeepingSection 4g(a) of the Commodity Exchange Act (7
			 U.S.C. 6g(a)) is amended by striking elsewhere; and inserting
			 elsewhere, and in any significant price discovery contract traded or
			 executed on an electronic trading facility;.
				(b)Reports of
			 Positions Equal to or in Excess of Trading LimitsSection 4i of
			 such Act (7 U.S.C. 6i) is amended—
					(1)by inserting
			 , or any significant price discovery contract on an electronic trading
			 facility after subject to the rules of any contract market or
			 derivatives transaction execution facility ; and
					(2)by inserting in
			 the matter following paragraph (2), or electronic trading
			 facility after subject to the rules of any other board of
			 trade.
					203.Conforming
			 amendments
				(a)Section
			 1a(12)(A)(x) of the Commodity Exchange Act (7 U.S.C. 1a(12)(A)(x)) is amended
			 by inserting (other than an electronic trading facility with respect to
			 a significant price discovery contract) after registered
			 entity.
				(b)Section 1a(29) of
			 such Act (7 U.S.C. 1a(29)) is amended—
					(1)in subparagraph
			 (C), by striking and at the end;
					(2)in subparagraph
			 (D), by striking the period and inserting ; and; and
					(3)by adding at the
			 end the following:

							(E)with respect to a
				contract that the Commission determines is a significant price discovery
				contract, any electronic trading facility on which the contract is executed or
				traded.
							.
					(c)(1)Section 2(a)(1)(A) of
			 such Act (7 U.S.C. 2(a)(1)(A)) is amended by inserting after section 19
			 of this Act the following: , and significant price discovery
			 contracts traded or executed on an electronic trading facility.
					(2)Nothing contained in this title or
			 amendments made by this title shall be construed to affect the jurisdiction
			 that the Commission or any regulatory authority may otherwise have under any
			 other provision of law with respect to contracts, agreements, or transactions
			 that are not significant price discovery contracts.
					(d)Section 2(h)(3) of
			 such Act (7 U.S.C. 2(h)(3)) is amended by striking paragraph (4)
			 and inserting paragraphs (4) and (7).
				(e)Section 2(h)(4) of
			 such Act (7 U.S.C. 2(h)(4)) is amended by striking subparagraph (D) and
			 inserting the following:

						(D)such rules,
				regulations, and orders as the Commission may issue to ensure timely compliance
				with any of the provisions of this Act applicable to a significant price
				discovery contract traded on or executed on any electronic trading
				facility.
						.
				(f)Section
			 2(h)(5)(B)(iii)(I) of such Act (7 U.S.C. 2(h)(5)(B)(iii)(I)) is amended by
			 inserting or to make the determination described in subparagraph (B) of
			 paragraph (7) after paragraph (4).
				(g)Section 4a of such
			 Act (7 U.S.C. 6a) is amended—
					(1)in subsection
			 (a)—
						(A)in the first
			 sentence, by inserting , or on electronic trading facilities with
			 respect to a significant price discovery contract after
			 derivatives transaction execution facilities; and
						(B)in the second
			 sentence, by inserting , or on an electronic trading facility with
			 respect to a significant price discovery contract, after
			 derivatives transaction execution facility; and
						(2)in subsection
			 (b)—
						(A)in paragraph (1),
			 by inserting or electronic trading facility with respect to a
			 significant price discovery contract after facility or
			 facilities; and
						(B)in paragraph (2),
			 by inserting or electronic trading facility with respect to a
			 significant price discovery contract after derivatives
			 transaction execution facility; and
						(3)in subsection
			 (e)—
						(A)in the first
			 sentence—
							(i)by
			 inserting or by any electronic trading facility after
			 registered by the Commission;
							(ii)by
			 inserting or on an electronic trading facility after
			 derivatives transaction execution facility the second place it
			 appears; and
							(iii)by
			 inserting or electronic trading facility before or such
			 board of trade each place it appears; and
							(B)in the second
			 sentence, by inserting or electronic trading facility with respect to a
			 significant price discovery contract after registered by the
			 Commission.
						(h)Section 5a(d) of
			 such Act (7 U.S.C. 7a(d)(1)) is amended—
					(1)by redesignating
			 paragraphs (4) through (9) as paragraphs (5) through (10); and
					(2)by inserting after
			 paragraph (3) the following:

							(4)Position limits
				or accountabilityTo reduce the potential threat of market
				manipulation, price distortion, and disruption of the delivery or cash-settled
				process or congestion, especially during trading in the delivery month, the
				derivatives transaction execution facility shall adopt position limits or
				position accountability for speculators, where necessary and appropriate for a
				contract, agreement or transaction with an underlying commodity that has a
				physically deliverable
				supply.
							.
					(i)Section 5c(a) of
			 such Act (7 U.S.C. 7a–2(a)) is amended in paragraph (1) by inserting ,
			 and section 2(h)(7) with respect to significant price discovery
			 contracts, after , and 5b(d)(2).
				(j)Section 5c(b) of
			 such Act (7 U.S.C. 7a–2(b)) is amended—
					(1)by striking
			 paragraph (1) and inserting following:

							(1)In
				generalA contract market, derivatives transaction execution
				facility, or electronic trading facility with respect to a significant price
				discovery contract may comply with any applicable core principle through
				delegation of any relevant function to a registered futures association or a
				registered entity that is not an electronic trading
				facility.
							;
					(2)in paragraph (2),
			 by striking contract market or derivatives transaction execution
			 facility and inserting contract market, derivatives transaction
			 execution facility, or electronic trading facility; and
					(3)in paragraph (3),
			 by striking contract market or derivatives transaction execution
			 facility each place it appears and inserting contract market,
			 derivatives transaction execution facility, or electronic trading
			 facility.
					(k)Section 5c(d)(1)
			 of such Act (7 U.S.C. 7a–2(d)(1)) is amended by inserting or 2(h)(7)(C)
			 with respect to a significant price discovery contract traded or executed on an
			 electronic trading facility, after 5b(d)(2).
				(l)Section 5e of such
			 Act (7 U.S.C. 7b) is amended by inserting , or revocation of the right
			 of an electronic trading facility to rely on the exemption set forth in section
			 2(h)(3) with respect to a significant price discovery contract, after
			 revocation of designation as a registered entity ;
				(m)Section 6(b) of
			 such Act (7 U.S.C. 8(b)) is amended by striking the first sentence and all that
			 follows through Provided, and inserting the
			 following: The Commission may suspend for a period not to exceed 6
			 months or revoke the designation or registration of any contract market or
			 derivatives transaction execution facility, or revoke the right of an
			 electronic trading facility to rely on the exemption set forth in section
			 2(h)(3) with respect to a significant price discovery contract, on a showing
			 that the contract market or derivatives transaction execution facility is not
			 enforcing or has not enforced its rules of government, made a condition of its
			 designation or registration as set forth in sections 5 through 5b or section
			 5f, or that the contract market, derivatives transaction execution facility, or
			 electronic trading facility, or any director, officer, agent, or employee
			 thereof, otherwise is violating or has violated any of the provisions of this
			 Act or any of the rules, regulations, or orders of the Commission under this
			 Act. The suspension or revocation shall only be made after a notice to the
			 officers of the contract market, derivatives transaction execution facility, or
			 electronic trading facility and upon a hearing on the record:
			 Provided,.
				204.Effective
			 date
				(a)In
			 GeneralExcept as provided in this section, this title shall
			 become effective on the date of enactment of this Act.
				(b)Significant
			 Price Discovery Standards RulemakingThe Commodity Futures
			 Trading Commission shall—
					(1)not later than 180
			 days after the date of the enactment of this Act, issue a proposed rule
			 regarding the significant price discovery standards in section 2(h)(7) of the
			 Commodity Exchange Act; and
					(2)not later than 270
			 days after the date of enactment of this Act, issue a final rule.
					(c)Significant
			 Price Discovery DeterminationsWith respect to any electronic trading
			 facility (as defined in section 1a(10) of the Commodity Exchange Act) operating
			 on the effective date of the final rule regarding the significant price
			 discovery standards referred to in subsection (b) of this section, the
			 Commodity Futures Trading Commission shall complete a review of the agreements,
			 contracts, and transactions of the facilities not later than 180 days after
			 that effective date to determine whether any such agreement, contract, or
			 transaction performs a significant price discovery function.


IV
111th CONGRESS
2d Session
H. RES. 1364
In the House of Representatives, U. S.,

May 19, 2010

RESOLUTION
Honoring the historic and community significance of the Chatham County Courthouse and expressing condolences to Chatham County and the town of Pittsboro for the fire damage sustained by the courthouse on March 25, 2010.

Whereas on March 5, 1881, the General Assembly of North Carolina approved legislation allowing the Board of Justices of Chatham County to replace the existing architecturally unsound Chatham County courthouse with a new facility and provided the county with construction bonds of up to $12,000;
Whereas Thomas B. Womack designed the plans for the Chatham County Courthouse, and J. Bynum and William Lord London of Pittsboro, North Carolina, were awarded the construction contract;
Whereas on September 1, 1881, members of Columbus Lodge 102 laid the cornerstone of the new courthouse in Pittsboro, and on July 4, 1882, the new courthouse was completed;
Whereas the Chatham County Courthouse is a three-story brick structure with a two-story classical portico topped by a distinguishing three-stage cupola;
Whereas county courthouses are focal points of justice and the rule of law in communities across the country, and the Chatham County Courthouse serves as the central landmark of Pittsboro and Chatham County;
Whereas the historic Chatham County Courthouse was partially destroyed by a tragic fire that broke out on March 25, 2010, at approximately 4:15 p.m.;
Whereas firefighters, led by Chatham Country Fire Marshal Thomas Bender, courageously fought the blaze and protected surrounding buildings from damage;
Whereas government officials of the North Carolina Administrative Office of the Courts, Chatham County, and the town of Pittsboro have worked tirelessly to ensure the continuity of judicial operations in Chatham County and to develop a plan to restore the courthouse; and
Whereas the North Carolina court system, Chatham County, and the town of Pittsboro experienced a significant and tragic loss as a result of the March 25, 2010 fire: Now, therefore, be it

That the House of Representatives—
(1)expresses condolences to the North Carolina court system, Chatham County, and the town of Pittsboro for the tragic loss of the Chatham County Courthouse;
(2)commends the heroic actions of the Chatham County firefighters and first responders who worked tirelessly to combat the Courthouse fire, minimize the damage to the Courthouse and the historic materials contained therein, and protect the public;
(3)recognizes the community significance of the Courthouse as a cornerstone of justice and the rule of law in Chatham County; and
(4)recognizes the impact that more than a century of landmark court decisions has made on the judicial system of the Town of Pittsboro, Chatham County, and North Carolina.

Lorraine C. Miller,Clerk.


		I
		112th CONGRESS
		1st Session
		H. R. 1316
		IN THE HOUSE OF REPRESENTATIVES

			April 1, 2011
			Mrs. Bono Mack (for
			 herself, Mr. Rogers of Kentucky,
			 Mr. Lynch,
			 Mr. Wolf, Mr. Buchanan, and Mr. Mack) introduced the following bill; which
			 was referred to the Committee on Energy
			 and Commerce

		A BILL
		To direct the Commissioner of Food and Drugs to modify
		  the approval of any drug containing controlled-release oxycodone hydrochloride
		  to limit such approval to use for the relief of severe-only instead of
		  moderate-to-severe pain, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Stop Oxy Abuse Act of
			 2011.
		2.Limiting approval
			 of drugs containing controlled-release oxycodone hydrochloride to use for
			 relief of severe-only pain
			(a)In
			 generalNot later than 90
			 days after the date of the enactment of this Act, the Commissioner of Food and
			 Drugs shall take such actions as may be necessary—
				(1)to modify the
			 approval of any drug containing controlled-release oxycodone hydrochloride
			 under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355)
			 to limit such approval to use for the relief of severe-only instead of
			 moderate-to-severe pain; and
				(2)to limit any
			 subsequent approval of a drug containing controlled-release oxycodone
			 hydrochloride under such section to use for the relief of severe-only
			 pain.
				(b)ApplicabilityAny
			 modification required by subsection (a)(1) shall apply to drugs introduced or
			 delivered for introduction into interstate commerce on or after the date that
			 is 180 days after the date of the enactment of this Act.


113 HR 5864 IH: FPS Improvement Act of 2014
U.S. House of Representatives
2014-12-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 5864
		IN THE HOUSE OF REPRESENTATIVES

			December 11, 2014
			Mr. Carson of Indiana introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

		A BILL
		To protect Federal employees and visitors, improve the security of Federal facilities, authorize
			 and modernize the Federal Protective Service, and for other purposes.

		1.Short titleThis Act may be cited as the FPS Improvement Act of 2014.
		2.DefinitionsIn this Act, the terms appropriate congressional committees, Federal facility, Secretary, Director, facility security level, Federal Protective Service law enforcement officer, and protective service guard have the meanings given those terms in section 1331 of title 40, United States Code (as added by
			 this Act).
		3.Federal protective service
			(a)In generalChapter 13 of title 40, United States Code, is amended by adding at the end the following:

					IIFederal Protective Services
						1331.DefinitionsIn this subchapter:
							(1)Appropriate congressional committeesThe term appropriate congressional committees means—
								(A)the Committee on Homeland Security and Governmental Affairs of the Senate;
								(B)the Committee on Appropriations of the Senate;
								(C)the Committee on Transportation and Infrastructure of the House of Representatives; and
								(D)the Committee on Appropriations of the House of Representatives.
								(2)DirectorThe term Director means the Director of the Federal Protective Service.
							(3)Federal facilityThe term Federal facility—
								(A)means any building and grounds and all property located in or on that building and grounds, that
			 are owned, occupied or secured by the Federal Government, including any
			 agency, instrumentality or wholly owned or mixed-ownership corporation of
			 the Federal Government; and
								(B)does not include—
									(i)any building, grounds, or property used for military activities; or
									(ii)any facility used for activities covered under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et
			 seq.).
									(4)Federal Protective Service law enforcement officerThe term Federal Protective Service law enforcement officer means a law enforcement officer or agent designated under section 1332.
							(5)Facility Security CommitteeThe term Facility Security Committee means an agency or an internal agency component responsible for security policy at a specific
			 Federal facility.
							(6)Facility security levelThe term facility security level—
								(A)means a rating of each Federal facility based on the analysis of several facility factors that
			 provides a basis for that facility’s attractiveness as a target and
			 potential effects or consequences of an attack, which then serves as a
			 basis for the implementation of certain levels of security protection by
			 the Interagency Security Committee; and
								(B)is determined by the Federal Protective Service, the United States Marshals Service under section
			 566 of title 28, or another agency authorized to provide all protective
			 services for a facility and is guided by Interagency Security Committee
			 standards.
								(7)In-service field staffThe term in-service field staff means—
								(A)a Federal Protective Service law enforcement officer; or
								(B)a police officer, inspector, area commander or special agent, or such other equivalent positions as
			 designated by the Secretary who, while working, is directly engaged on a
			 daily basis in protecting and enforcing law at Federal facilities.
								(8)Protective service guardThe term protective service guard means an employee of a Federal Protective Service contractor or subcontractor engaged in the
			 protection of a building, grounds, or property that is owned, occupied, or
			 secured by the Federal Government (including any agency, instrumentality,
			 or wholly owned or mixed-ownership corporation thereof) and the persons on
			 the property.
							(9)SecretaryThe term Secretary means the Secretary of Homeland Security acting through the Director.
							1332.Law enforcement authority of Secretary of Homeland Security for protection of public property
							(a)In GeneralTo the extent provided for by transfers made pursuant to the Homeland Security Act of 2002, the
			 Secretary shall protect the buildings, grounds, and property that are
			 owned, occupied, or secured by the Federal Government (including any
			 agency, instrumentality, or wholly owned or mixed-ownership corporation
			 thereof) and the persons on the property.
							(b)Officers and Agents
								(1)DesignationThe Secretary may designate employees of the Department of Homeland Security, including employees
			 transferred to the Department from the Office of the Federal Protective
			 Service of the General Services Administration pursuant to the Homeland
			 Security Act of 2002, as officers and agents for duty in connection with
			 the protection of property owned or occupied by the Federal Government and
			 persons on the property, including duty in areas outside the property to
			 the extent necessary to protect the property and persons on the property.
								(2)PowersWhile engaged in the performance of official duties, an officer or agent designated under this
			 subsection may—
									(A)enforce Federal laws and regulations for the protection of persons and property;
									(B)make arrests without a warrant for any offense against the United States committed in the presence
			 of the officer or agent or for any felony cognizable under the laws of the
			 United States if the officer or agent has reasonable grounds to believe
			 that the person to be arrested has committed or is committing a felony;
									(C)serve warrants and subpoenas issued under the authority of the United States;
									(D)conduct investigations, on and off the property in question, of offenses that may have been
			 committed against property owned or occupied by the Federal Government or
			 persons on the property; and
									(E)carry out such other activities for the promotion of homeland security as the Secretary may
			 prescribe.
									(3)Additional powerAn officer or agent designated under this subsection may carry a firearm on or off duty.
								(4)TrainingThe Secretary shall determine the minimum level of training or certification for—
									(A)employees of the Federal Protective Service including Federal Protective Service law enforcement
			 officers;
									(B)protective service guards; and
									(C)a reliable system will be developed to track the compliance of protective service guards with the
			 certifications deemed necessary by the Secretary.
									(c)InspectionsThe Secretary shall inspect Federal facilities protected by the Federal Protective Service for the
			 purpose of determining compliance with Federal security standards, as
			 determined by the Interagency Security Committee, and making appropriate
			 risk mitigation recommendations.
							(d)Security countermeasuresThe Secretary, in consultation with the Administrator of General Services, shall ensure and
			 supervise the effective design, procurement, installation, maintenance,
			 and operation of security countermeasures, including armed contract
			 guards, electronic physical security systems, and weapons and explosives
			 screening devices, for a Federal facility protected by the Federal
			 Protective Service.
							1333.Full-time equivalent employee requirements
							(a)In generalThe Secretary shall ensure that the Federal Protective Service shall maintain at any time not fewer
			 than 1,870 full-time equivalent employees, including not fewer than 1,318
			 in-service field staff.
							(b)ReportIn any fiscal year after fiscal year 2015 in which the number of full-time equivalent employees of
			 the Federal Protective Service is fewer than the number of full-time
			 equivalent employees of the Federal Protective Service in the previous
			 fiscal year, the Secretary shall submit a report to the appropriate
			 congressional committees that provides—
								(1)an explanation of the decrease in full-time equivalent employees; and
								(2)a revised model of the number of full-time equivalent employees projected for future fiscal years.
								1334.Protective service guards
							(a)Authorities for protective service guards
								(1)Carrying of firearmsThe Secretary may authorize protective service guards engaged in the protection of buildings and
			 grounds that are owned, occupied, or secured by the General Services
			 Administration Public Building Service as the Secretary considers
			 necessary in the interests of the common defense and security to carry
			 firearms to carry out their official duties.
								(2)Detention without a warrantA person authorized to carry firearms under this subsection may, while in the performance of, and
			 in connection with, official duties, detain an individual without a
			 warrant for any offense against the United States committed in that
			 person’s presence or for any felony cognizable under the laws of the
			 United States if that person has reasonable grounds to believe that the
			 individual to be detained has committed or is committing such felony. The
			 detention authority conferred by this paragraph is in addition to any
			 detention authority under other laws.
								(b)LimitationsThe following limitations apply:
								(1)A protective service guard authorized to carry firearms under this section may detain an individual
			 only when the individual to be detained is within, or in direct flight
			 from, the area of such offense.
								(2)A person granted authority to make arrests by this section may exercise that authority only in the
			 enforcement of laws regarding any building and grounds and all property
			 located in or on that building and grounds that are owned, occupied, or
			 secured by the General Services Administration Public Building Service.
								(c)GuidanceThe Secretary, with the approval of the Attorney General, shall issue guidelines to implement this
			 section.
							1335.Compliance of Federal facilities with Federal security standards
							(a)In generalThe Secretary may assess security charges to an agency that is the owner or the tenant of a Federal
			 facility protected by the Federal Protective Service in addition to any
			 security charge assessed for the costs of necessary security
			 countermeasures if—
								(1)the Secretary, in coordination with the Interagency Security Committee, determines a Federal
			 facility to be in noncompliance with Federal security standards
			 established by the Interagency Security Committee or a final determination
			 regarding countermeasures made by the appeals board established under
			 section 1336(h); and
								(2)the Interagency Security Committee or the Secretary—
									(A)provided notice to that agency and the Facility Security Committee of—
										(i)the noncompliance;
										(ii)the actions necessary to be in compliance; and
										(iii)the latest date on which such actions need to be taken; and
										(B)the agency is not in compliance by that date.
									(b)Report on noncompliant facilitiesThe Secretary shall submit a report to the appropriate congressional committees, in a classified
			 manner if necessary, of any facility determined to be in noncompliance
			 with standards established by the Interagency Security Committee.
							1336.Interagency security committee
							(a)EstablishmentThere is established within the executive branch the Interagency Security Committee (in this
			 section referred to as the Committee) responsible for the development of safety and security standards and best practices to mitigate
			 the effects of natural and manmade hazards in Federal facilities.
							(b)ChairpersonThe Committee shall be chaired by the Secretary or a designee of the Secretary. The chairpersons
			 shall be responsible for the daily operations of the Committee and appeals
			 board, final approval and enforcement of Committee standards, and the
			 promulgation of regulations related to Federal facility security
			 prescribed by the Committee.
							(c)Membership
								(1)Voting membersThe Committee shall consist of the following voting members:
									(A)Agency representativesRepresentatives from the following agencies, appointed by the agency heads:
										(i)Department of Homeland Security.
										(ii)Department of State.
										(iii)Department of the Treasury.
										(iv)Department of Defense.
										(v)Department of Justice.
										(vi)Department of the Interior.
										(vii)Department of Agriculture.
										(viii)Department of Commerce.
										(ix)Department of Labor.
										(x)Department of Health and Human Services.
										(xi)Department of Housing and Urban Development.
										(xii)Department of Transportation.
										(xiii)Department of Energy.
										(xiv)Department of Education.
										(xv)Department of Veterans Affairs.
										(xvi)Environmental Protection Agency.
										(xvii)Central Intelligence Agency.
										(xviii)Office of Management and Budget.
										(xix)General Services Administration.
										(B)Other officersThe following Federal officers or the designees of those officers:
										(i)The Director of the United States Marshals Service.
										(ii)The Assistant to the President for National Security Affairs.
										(C)Judicial branch representativesA representative from the judicial branch appointed by the Chief Justice of the United States.
									(2)Associate membersThe Committee shall include, as associate members who shall be nonvoting members, representatives
			 from the following agencies, appointed by the agency heads:
									(A)Federal Aviation Administration.
									(B)Federal Bureau of Investigation.
									(C)Federal Deposit Insurance Corporation.
									(D)Federal Emergency Management Agency.
									(E)Federal Reserve Board.
									(F)Internal Revenue Service.
									(G)National Aeronautics and Space Administration.
									(H)National Capital Planning Commission.
									(I)National Institute of Standards & Technology.
									(J)Nuclear Regulatory Commission.
									(K)Office of Personnel Management.
									(L)Securities and Exchange Commission.
									(M)Social Security Administration.
									(N)United States Coast Guard.
									(O)United States Postal Service.
									(P)United States Army Corps of Engineers.
									(Q)Court Services and Offender Supervision Agency.
									(R)Any other Federal officers as the President shall appoint.
									(d)Working groupsThe Committee may establish interagency working groups to perform such tasks as may be directed by
			 the Committee.
							(e)ConsultationThe Committee shall consult with other parties, including the Administrative Office of the United
			 States Courts, to perform its responsibilities. At the discretion of the
			 Chairperson of the Committee, such other parties may participate in the
			 working groups.
							(f)MeetingsThe Committee shall, at a minimum, meet quarterly.
							(g)ResponsibilitiesThe Committee shall—
								(1)not later than 1 year after the date of enactment of the FPS Improvement Act of 2014, propose regulations to the Secretary for promulgation under section 1332(c)(1)—
									(A)for determining facility security levels, unless the Committee determines that similar regulations
			 are issued by the Secretary before the end of that 1-year period; and
									(B)to establish risk-based performance standards for the security of Federal facilities, unless the
			 Committee determines that similar regulations are issued by the Secretary
			 before the end of that 1-year period;
									(2)establish protocols for the testing of the compliance of Federal facilities with Federal security
			 standards, including a mechanism for the initial and recurrent testing of
			 Federal facilities;
								(3)prescribe regulations to determine minimum levels of training and certification of contract guards;
								(4)prescribe regulations to establish a list of prohibited items for entry into Federal facilities;
								(5)establish minimum requirements and a process for providing security training for members of
			 Facility Security Committees (as described in section 1337); and
								(6)take such actions as may be necessary to enhance the quality and effectiveness of security and
			 protection of Federal facilities, including—
									(A)encouraging agencies with security responsibilities to share security-related intelligence in a
			 timely and cooperative manner;
									(B)assessing technology and information systems as a means of providing cost-effective improvements to
			 security in Federal facilities;
									(C)developing construction standards for those locations with threat levels or missions that require
			 blast resistant structures or other specialized security requirements;
									(D)evaluating standards for the location of, and special security related to, day care centers in
			 Federal facilities; and
									(E)assisting the Secretary in developing and maintaining a secure centralized security database of all
			 Federal facilities; and
									(7)carry out such other duties as assigned by the President.
								(h)Appeals board
								(1)EstablishmentThe Committee shall establish an appeals board to consider appeals from any Facility Security
			 Committee, or the Secretary, of a—
									(A)facility security level determination;
									(B)Facility Security Committee decision to overturn a determination of necessary countermeasures or
			 physical security improvements if the Secretary considered such a decision
			 a grave risk to the facility or its occupants; or
									(C)determination of noncompliance with Federal facility security standards.
									(2)Final appealA decision of the appeals board is final and shall not be subject to administrative or judicial
			 review.
								(i)Agency support and cooperation
								(1)In generalTo the extent permitted by law and subject to the availability of appropriations, the Secretary
			 shall provide the Committee such administrative services, funds,
			 facilities, staff, and other support services as may be necessary for the
			 performance of the functions of the Committee under this subtitle.
								(2)Cooperation and compliance
									(A)In generalEach agency shall cooperate and comply with the policies, standards, and determinations of the
			 Committee.
									(B)SupportTo the extent permitted by law and subject to the availability of appropriations, agencies shall
			 provide such support as may be necessary to enable the Committee to
			 perform the duties and responsibilities of the Committee.
									(3)ComplianceThe Secretary shall be responsible for monitoring agency compliance with the policies and
			 determinations of the Committee.
								(j)AuthorizationThere are authorized to be appropriated to the Department such sums as necessary to carry out the
			 provisions of this section.
							1337.Facility security committees
							(a)Maintenance of facility security committeesAgencies that are tenants at each Federal facility shall maintain a Facility Security Committee for
			 that Federal facility. Each agency that is a tenant at a Federal facility
			 shall provide one employee to serve as a member of the Facility Security
			 Committee.
							(b)Chairperson
								(1)In generalEach Facility Security Committee shall be headed by a chairperson, elected by a majority of the
			 members of the Facility Security Committee.
								(2)ResponsibilitiesThe chairperson shall be responsible for—
									(A)maintaining accurate contact information for agency tenants and providing that information,
			 including any updates, to the Federal Protective Service;
									(B)setting the agenda for Facility Security Committee meetings;
									(C)referring Facility Security Committee member questions to Federal Protective Service for response;
									(D)reviewing a security assessment completed by the Federal Protective Service or designated security
			 organization representatives and, if requested by the Federal Protective
			 Service, accompanying the representatives during on-site facility security
			 assessments;
									(E)maintaining an official record of each meeting;
									(F)acknowledging receipt of the facility security assessment from Federal Protective Service;
									(G)maintaining records of training of or waivers for members of the Facility Security Committee; and
									(H)any other duties as determined by the Interagency Security Committee.
									(c)Training for members
								(1)In generalExcept as provided under paragraphs (3) and (4), before serving as a member of a Facility Security
			 Committee, an employee shall successfully complete a training course that
			 meets a minimum standard of training as established by the Interagency
			 Security Committee.
								(2)TrainingTraining under this subsection shall—
									(A)be provided by the Federal Protective Service in accordance with standards established by the
			 Interagency Security Committee;
									(B)be commensurate with the facility security level; and
									(C)include training relating to—
										(i)familiarity with published standards of the Interagency Security Committee;
										(ii)physical security criteria for Federal facilities;
										(iii)use of physical security performance measures;
										(iv)facility security levels determinations;
										(v)best practices for safe mail handling;
										(vi)knowledge of an occupant emergency plan, the facility security assessment process, and the facility
			 countermeasures plan; and
										(vii)the role of the Federal Protective Service and the General Services Administration.
										(3)WaiversThe training requirement under this subsection may be waived by the Secretary, the head of a
			 Facility Security Committee, or the Chairperson of the Interagency
			 Security Committee if the Secretary, the head of a Facility Security
			 Committee, or the Chairperson determines that an employee has related
			 experience in physical security, law enforcement, or infrastructure
			 security disciplines.
								(4)Incumbent members
									(A)In generalThis subsection shall apply to any Facility Security Committee established before, on, or after the
			 date of enactment of FPS Improvement Act of 2014, except that any member of a Facility Security Committee serving on that date shall, during the
			 1-year period following that date—
										(i)successfully complete a training course as required under paragraph (1); or
										(ii)obtain a waiver under paragraph (3).
										(d)Meetings and quorum
								(1)MeetingsEach Facility Security Committee shall meet on a quarterly basis, or more frequently if determined
			 appropriate by the chairperson.
								(2)QuorumA majority of the members of a Facility Security Committee shall be present for a quorum to conduct
			 business.
								(e)Appeal
								(1)In generalIf a Facility Security Committee disagrees with a determination of a facility security level or a
			 determination of noncompliance with Federal security standards, the
			 Chairperson of a Facility Security Committee may file an appeal of the
			 determination with the Interagency Security Committee appeals board.
								(2)Decision to appealThe decision to file an appeal shall be agreed to by a majority of the members of a Facility
			 Security Committee.
								(3)Matters subject to appealA determination of the Federal Protective Service may be appealed under this subsection, including
			 any determination relating to—
									(A)countermeasure improvements;
									(B)facility security assessment findings; and
									(C)facility security levels..
			(b)Technical and conforming amendments
				(1)RepealSection 1315 of title 40, United States Code, is repealed.
				(2)Table of sectionsThe table of sections relating to chapter 13 of title 40, United States Code, is amended—
					(A)by inserting before the item relating to section 1301 the following:

								Subchapter I—General Authorities;
						and(B)by striking the item relating to section 1315 and adding at the end the following:

								Subchapter II—Federal Protective Services
								Sec.
								1331. Definitions.
								1332. Law enforcement authority of Secretary of Homeland Security for protection of public
			 property.
								1333. Full-time equivalent employee requirements.
								1334. Protective service guards.
								1335. Compliance of Federal facilities with Federal security standards.
								1336. Interagency security committee.
								1337. Facility security committees..
					(3)Subchapter I of chapter 13Chapter 13 of title 40, United States Code, is amended by inserting before section 1301 the
			 following:

						IGeneral Authorities.
				(4)Carrying concealed firearmsSection 926B(f) of title 18, United States Code, is amended by inserting a Federal Protective Service law enforcement officer, after Federal Reserve,.
				(5)Regulatory authoritySection 877(a) of the Homeland Security Act of 2002 (6 U.S.C. 457(a)) is amended by striking 1706(b) and inserting 1332(b) of title 40, United States Code.
				(6)Central Intelligence Agency Act amendmentSection 15 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3515) is amended—
					(A)in subsection (a)(1) by striking 1315(b)(2) of title 40 and inserting 1332(b)(2) of title 40; and
					(B)in subsection (b) by striking 1315(c)(2) of title 40 and inserting 1332(c)(2) of title 40.
					(7)National Security Agency Act amendmentSection 11 of the National Security Agency Act of 1959 (50 U.S.C. 3609) is amended—
					(A)in subsection (a)(1) by striking 1315(b)(2) of title 40 and inserting 1332(b)(2) of title 40; and
					(B)in subsection (b) by striking 1315(c)(2) of title 40 and inserting 1332(c)(2) of title 40.
					4.Report on Federal Protective Service personnel needsNot later than 90 days after the date of enactment of this Act, the Secretary shall submit a report
			 to the appropriate congressional committees on the personnel needs of the
			 Federal Protective Service that includes recommendations on the numbers of
			 Federal Protective Service law enforcement officers and the workforce
			 composition of the Federal Protective Service needed to carry out the
			 mission of the Federal Protective Service during the 10-fiscal year period
			 beginning after the date of enactment of this Act.
		5.Report on the feasibility of federalizing the protective service guard workforce
			(a)In generalNot later than 1 year after the date of enactment of this Act, the Secretary shall submit to the
			 appropriate congressional committees a report on the feasibility of
			 federalizing the protective service guard workforce.
			(b)Review and commentThe Secretary shall provide the report prepared under this section to a qualified consultant for
			 review and comment before submitting the report to the appropriate
			 congressional committees. The Secretary shall provide the comments of the
			 qualified consultant to the appropriate congressional committee with the
			 report.
			(c)ContentsThe report under this section shall include an evaluation of—
				(1)converting in its entirety, or in part, the protective service guard workforce into full-time
			 Federal employees;
				(2)the option of posting a full-time equivalent Federal protective service law enforcement officer at
			 each level 3 or 4 Federal facility, as determined by the Interagency
			 Security Committee, that on the date of enactment of this Act has a
			 protective service guard stationed at the facility;
				(3)the potential increase in security of any option evaluated under paragraph (1) and (2);
				(4)the immediate and projected costs of any option evaluated under paragraph (1) and (2);
				(5)the immediate and projected costs of maintaining the current level of protective service guards and
			 full-time Federal Protective Service law enforcement officers;
				(6)a comparison of similar conversions of large groups of contracted workers and potential benefits
			 and challenges.
				6.Report on agency fundingNot later than 180 days after the date of enactment of this Act, the Secretary shall submit to the
			 appropriate congressional committees a report on the method of funding for
			 the Federal Protective Service, which shall include recommendations
			 regarding whether the Federal Protective Service should—
			(1)continue to be funded by a collection of fees and security charges;
			(2)be funded by appropriations; or
			(3)be funded by a combination of fees, security charges, and appropriations.
			7.Report on preventing explosives from entering Federal facilitiesNot later than one year after the date of enactment of this Act, the Secretary shall submit a
			 report
			 to the appropriate congressional committees on the feasibility,
			 effectiveness, safety and privacy implications of the use or potential use
			 of available methods to detect or prevent explosives from entering Federal
			 facilities, including the use of additional canine teams, advanced imaging
			 technology, or other technology or methods for detecting explosives.
		8.Savings clauseNothing in this Act, including the amendments made by this Act, shall be construed to affect—
			(1)the authorities under section 566 of title 28, United States Code;
			(2)the authority of any Federal law enforcement agency other than the Federal Protective Service; or
			(3)any authority of the Federal Protective Service not specifically enumerated by this Act that is in
			 effect on the day before the date of enactment of this Act.


113 HR 4689 IH: To require a plan approved by the Surface Transportation Board for the long-term storage of rail cars on certain railroad tracks.
U.S. House of Representatives
2014-05-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4689
		IN THE HOUSE OF REPRESENTATIVES

			May 20, 2014
			Mr. Kline introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

		A BILL
		To require a plan approved by the Surface Transportation Board for the long-term storage of rail
			 cars on certain railroad tracks.

		1.Storage of rail cars
			(a)AmendmentChapter 109 of title 49, United States Code, is amended by adding at the end the following new
			 section:

					10911.Storage of rail cars
						(a)Requirement of storage plan
							(1)General ruleA rail carrier providing transportation subject to the jurisdiction of the Board under this part
			 who has stored any rail cars, including rail cars that it owns or leases,
			 on tracks described in paragraph (2) for a period of 3 years or more and
			 continues to store such cars on such tracks on the date of enactment of
			 this section shall submit to the Board a plan for such storage under
			 subsection (b).
							(2)Covered tracksTracks referred to in paragraph (1) are tracks passing through an area zoned for commercial or
			 residential use that were designed or previously used for through
			 transportation of trains, and do not include rail yard or storage yard
			 tracks.
							(b)Plan
							(1)ContentsA plan submitted to the Board under subsection (a)(1) shall contain—
								(A)an explanation of the rail carrier’s reasons for the storage of rail cars on the tracks specified
			 in the plan, including an explanation of why no suitable alternative site
			 for storage of the rail cars exists;
								(B)a description of the tracks on which the rail cars are stored or will be stored, including the
			 proximity of such tracks to a home or school;
								(C)evidence that the rail carrier has worked with the relevant local community to develop measures
			 described in subparagraphs (D) and (E);
								(D)a description of measures to be undertaken to ensure that the rail car storage will not jeopardize
			 the public safety for the duration of the period to which the plan
			 applies;
								(E)a description of measures to be undertaken to mitigate any impacts of the long-term storage of rail
			 cars on the community through which the tracks pass; and
								(F)an estimated timeline for the final disposition of the rail cars to be stored on the specified
			 tracks.
								(2)ApprovalNot later than 6 months after receiving a complete plan under this section, the Board, after public
			 notice and an opportunity for public comment, shall approve or disapprove
			 the plan. The Board shall approve the plan unless the Board determines
			 that the storage of rail cars covered by the plan jeopardizes public
			 safety, including the safety of children. Any such determination shall be
			 based on information provided in the plan, by the local community, or
			 otherwise through public comment.
							(c)Authority
							(1)General ruleExcept as provided in paragraph (2), a rail carrier providing transportation subject to the
			 jurisdiction of the Board under this part may store rail cars as described
			 in subsection (a) only in accordance with a plan for such storage approved
			 by the Board under subsection (b)(2).
							(2)Interim authority
								(A)In generalExcept as provided in subparagraph (B), the Board shall authorize the temporary storage of rail
			 cars as described in subsection (a) for a period before a plan has been
			 approved under subsection (b)(2) if the Board determines that a plan for
			 such storage has been submitted, or is being prepared for submittal in a
			 timely manner, for approval under subsection (b).
								(B)ExceptionThe Board shall not authorize temporary storage under this paragraph if the Board finds, on its own
			 initiative or pursuant to information provided by the local community,
			 that such storage poses a significant safety hazard, including to the
			 safety of children.
								(d)Enforcement
							(1)PetitionsThe Board shall establish procedures to enable a local governmental entity to petition the Board to
			 enforce this section.
							(2)PenaltiesEach rail car with respect to which a violation of this section has occurred shall be considered a
			 separate violation for purposes of section 11901(a).
							.
			(b)Table of sectionsThe table of sections for such chapter is amended by adding at the end the following new item:

						10911. Storage of rail cars..


113 HR 1497 RH: War Memorial Protection Act
U.S. House of Representatives
2013-07-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB
Union Calendar No. 102
113th CONGRESS 1st Session
H. R. 1497
[Report No. 113–140]
IN THE HOUSE OF REPRESENTATIVES

April 11, 2013
Mr. Hunter (for himself, Mr. Miller of Florida, Mr. Duncan of South Carolina, Mr. McClintock, Mr. Jones, Mr. LaMalfa, Mr. Roe of Tennessee, Mr. Nunnelee, Mr. Latta, Mr. Calvert, Mr. Chabot, Mr. Coble, Mr. Vargas, Mr. Peters of California, Mr. Issa, and Mr. Kline) introduced the following bill; which was referred to the Committee on Natural Resources

July 8, 2013
Additional sponsors: Mr. Wittman, Mr. Gohmert, Ms. Foxx, and Mrs. Bachmann

July 8, 2013
Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic
For text of introduced bill, see copy of bill as introduced on April 11, 2013

A BILL
To amend title 36, United States Code, to ensure that memorials commemorating the service of the United States Armed Forces may contain religious symbols, and for other purposes.

1.Short titleThis Act may be cited as the War Memorial Protection Act.
2.Inclusion of emblems of belief as part of military memorials
(a)AuthorityChapter 21 of title 36, United States Code, is amended by adding at the end the following:

2115.Inclusion of emblems of belief as part of military memorials
(a)Authorized inclusionFor the purpose of honoring the sacrifices of members of the United States Armed Forces, including those members who make the ultimate sacrifice in defense of the United States, emblems of belief may be included as part of—
(1)a military memorial that is established or acquired by the United States Government; or
(2)a military memorial that is not established by the United States Government, but for which the American Battle Monuments Commission cooperated in the establishment of the memorial.
(b)Scope of inclusionWhen including emblems of belief as part of a military memorial, any approved emblem of belief may be included on such a memorial. The list of approved emblems of belief shall include, at a minimum, all those emblems of belief authorized by the National Cemetery Administration.
(c)DefinitionsIn this section:
(1)The terms emblem of belief and emblems of belief refer to the emblems of belief contained on the list maintained by the National Cemetery Administration for placement on Government-provided headstones and markers.
(2)The term military memorial means a memorial or monument commemorating the service of the United States Armed Forces. The term includes works of architecture and art described in section 2105(b) of this title..
(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by adding at the end the following:

2115. Inclusion of emblems of belief as part of military memorials..
Amend the title so as to read: A bill to amend title 36, United States Code, to ensure that memorials commemorating the service of the United States Armed Forces may contain emblems of belief, and for other purposes..

July 8, 2013
Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed


		II

		Calendar No. 219

		109th CONGRESS

		1st Session

		S. 1745

		IN THE SENATE OF THE UNITED STATES

			September 21, 2005

			Mr. Enzi (for himself

			 and Mr. Kennedy) introduced the following

			 bill; which was read the first time

			September 22, 2005

			Read the second time and placed on the

			 calendar

		A BILL

		To expand the availability of resources under the

		  Community Services Block Grant Act for individuals affected by Hurricane

		  Katrina.

		1.Short

			 titleThis Act may be cited as

			 the Community Services Disaster

			 Assistance Act of 2005.

		2.Funding,

			 eligibility for assistance, and staff

			(a)FundingA

			 State that receives a payment or allotment under section 675A or 675B of the

			 Community Services Block Grant Act (42 U.S.C. 9905, 9906) may use not more than

			 1 percent of the portion of the payment or allotment that is available for

			 expenditure under section 675C(b) of such Act (42 U.S.C. 9907(b)) (including

			 sums available for administrative expenses under paragraph (2) of such section)

			 to transfer funds to Louisiana, Mississippi, or Alabama. A State that receives

			 such funds shall use the funds to make grants, or carry out any activities,

			 described in section 675C of such Act (42 U.S.C. 9907).

			(b)Eligibility for

			 assistanceThe Secretary of Health and Human Services may waive

			 the provisions of the Community Services Block Grant Act relating to income

			 limitations on eligibility to receive assistance under such Act for any area in

			 which the President has determined that an emergency, or a major disaster, as

			 defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency

			 Assistance Act (42 U.S.C. 5122), exists, related to Hurricane Katrina, for the

			 purpose of assisting individuals who resided on August 22, 2005 in such an

			 area.

			(c)StaffAn

			 eligible entity (as defined in section 673 of the Community Services Block

			 Grant Act (42 U.S.C. 9902)) or a State lead agency designated under section

			 676(a)(1) of such Act (42 U.S.C. 9908(a)(1)) may send an employee of the

			 eligible entity, or State lead agency, who receives compensation provided under

			 the Community Services Block Grant Act to an area described in subsection (b)

			 to provide disaster assistance.

			3.Sense of

			 CongressIt is the sense of

			 Congress that—

			(1)Federal law permits the Federal Emergency

			 Management Agency to utilize eligible entities to provide emergency assistance

			 under section 676 of the Community Services Block Grant Act (42 U.S.C. 9908);

			 and

			(2)the Federal Emergency Management Agency

			 should make this emergency assistance available to the eligible entities

			 immediately.

			4.Authorization of

			 appropriationsSection 674(a)

			 of the Community Services Block Grant Act (42 U.S.C. 9903(a)) is amended by

			 striking through 2003 and inserting through

			 2006.

		5.TerminationThe authority provided by this Act (other

			 than section 4) terminates on August 29, 2006.

		September 22, 2005

		Read the second time and placed on the

		  calendar