110 HR 4110 IH: Environmental Crimes

U.S. House of Representatives
2007-11-07
text/xml
EN
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		I
		110th CONGRESS
		1st Session
		H. R. 4110
		IN THE HOUSE OF REPRESENTATIVES

			November 7, 2007
			Ms. Shea-Porter
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend the Mandatory Victims’ Restitution Act to
		  improve restitution for victims of crime, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Restitution for Victims of Crime Act
			 of 2007.
		ICollection of
			 Restitution
			101.Short
			 titleThis title may be cited
			 as the Collection of Restitution
			 Improvement Act of 2007.
			102.Procedure for
			 issuance and enforcement of restitutionSection 3664(f) of title 18, United States
			 Code, is amended by striking paragraphs (2) through (4) and inserting the
			 following:

					(C)(i)Each restitution order
				shall—
							(I)contain information sufficient to
				identify each victim to whom restitution is owed;
							(II)require that a copy of the court
				order be sent to each such victim; and
							(III)inform each such victim of the
				obligation to notify the appropriate entities of any change in address.
							(ii)It shall be the responsibility of
				each victim to whom restitution is owed to notify the Attorney General, or the
				appropriate entity of the court, by means of a form to be provided by the
				Attorney General or the court, of any change in the victim’s mailing address
				while restitution is still owed to the victim.
						(iii)The confidentiality of any
				information relating to a victim under this subparagraph shall be
				maintained.
						(2)The court shall order that the
				restitution imposed is due in full immediately upon imposition.
					(3)The court shall direct the
				defendant—
						(A)to make a good-faith effort to satisfy
				the restitution order in the shortest time in which full restitution can be
				reasonably made, and to refrain from taking any action that conceals or
				dissipates the defendant’s assets or income;
						(B)to notify the court of any change in
				residence; and
						(C)to notify the United States Attorney
				for the district in which the defendant was sentenced of any change in
				residence, and of any material change in economic circumstances that might
				affect the defendant’s ability to pay restitution.
						(4)Compliance with all payment
				directions imposed under paragraphs (6) and (7) shall be prima facie evidence
				of a good faith effort under paragraph (3)(A), unless it is shown that the
				defendant has concealed or dissipated assets.
					(5)Notwithstanding any other provision
				of law, for the purpose of enforcing a restitution order, a United States
				Attorney may receive, without the need for a court order, any financial
				information concerning the defendant obtained by the grand jury that indicted
				the defendant for the crime for which restitution has been awarded, the United
				States Probation Office, or the Bureau of Prisons. A victim may also provide
				financial information concerning the defendant to the United States
				Attorney.
					(6)(A)At sentencing, or at any
				time prior to the termination of a restitution obligation under section 3613 of
				this title, the court may—
							(i)impose special payment directions upon
				the defendant or modify such directions; or
							(ii)direct the defendant to make a
				single, lump sum payment, partial payments at specified intervals, in-kind
				payments, or a combination of payments at specified intervals and in-kind
				payments.
							(B)The period of time over which
				scheduled payments are established for purposes of this paragraph shall be the
				shortest time in which full payment reasonably can be made.
						(C)In-kind payments may be in the form
				of the return of property, replacement of property, or, if the victim agrees,
				services rendered to the victim or a person or organization other than the
				victim.
						(D)In ordering restitution, the court
				may direct the defendant to—
							(i)repatriate any property that
				constitutes proceeds of the offense of conviction, or property traceable to
				such proceeds; and
							(ii)surrender to the United States, or to
				the victim named in the restitution order, any interest of the defendant in any
				nonexempt asset.
							(E)The court may enter a restraining
				order or injunction, require the execution of a satisfactory performance bond,
				or take any other action to preserve the availability of property for
				restitution.
						(7)(A)In determining whether
				to impose or modify specific payment directions, the court may consider—
							(i)the need to provide restitution to the
				victims of the offense;
							(ii)the financial ability of the
				defendant;
							(iii)the economic circumstances of the
				defendant, including the financial resources and other assets of the defendant
				and whether any of those assets are jointly controlled;
							(iv)the projected earnings and other
				income of the defendant;
							(v)any financial obligations of the
				defendant, including obligations to dependents;
							(vi)whether the defendant has concealed
				or dissipated assets or income; and
							(vii)any other appropriate
				circumstances.
							(B)Any substantial resources from any
				source, including inheritance, settlement, or other judgment, shall be applied
				to any outstanding restitution obligation.
						(8)(A)If the court finds that
				the economic circumstances of the defendant do not allow the payment of any
				substantial amount as restitution, the court may direct the defendant to make
				nominal payments of not less than $100 per year toward the restitution
				obligation.
						(B)Any money received from the defendant
				under subparagraph (A) shall be disbursed so that any outstanding assessment
				imposed under section 3013 is paid first in full.
						(9)Court-imposed special payment
				directions shall not limit the ability of the Attorney General to maintain an
				Inmate Financial Responsibility Program that encourages sentenced inmates to
				meet their legitimate financial obligations.
					(10)(A)The ability of the
				Attorney General to enforce restitution obligations ordered under paragraph (2)
				shall not be limited by appeal, or the possibility of a correction,
				modification, amendment, adjustment, or reimposition of a sentence, unless the
				court expressly so orders for good cause shown and stated on the record.
						(B)Absent exceptional circumstances, as
				determined by the court, an order limiting the enforcement of restitution
				obligations shall—
							(i)require the defendant to deposit, in
				the registry of the district court, any amount of the restitution that is
				due;
							(ii)require the defendant to post a bond
				or other security to ensure payment of the restitution that is due; or
							(iii)impose additional restraints upon
				the defendant to prevent the defendant from transferring or dissipating
				assets.
							(C)No order described in subparagraph
				(B) shall restrain the ability of the United States to continue its
				investigation of the defendant’s financial circumstances, conduct discovery,
				record a lien, or seek any injunction or other relief from the
				court.
						.
			103.Imposition of
			 criminal fines and payment directionsSubsection 3572(d) of title 18, United
			 States Code, is amended to read as follows:

					(d)Payment
						(1)In
				generalThe court shall order that any fine or assessment imposed
				be due in full immediately upon imposition.
						(2)Efforts to make
				paymentThe court shall—
							(A)direct the
				defendant to make a good-faith effort to satisfy the fine and assessment in the
				shortest time in which full payment can be reasonably made, and to refrain from
				taking any action that conceals or dissipates the defendant’s assets or
				income;
							(B)direct the
				defendant to notify the court of any change in residence; and
							(C)order the
				defendant to notify the United States Attorney for the district in which the
				defendant was sentenced of any change in residence, and of any material change
				in economic circumstances that might affect the defendant’s ability to pay
				restitution.
							(3)Good
				faithCompliance with all payment directions imposed by
				paragraphs (5) and (6) shall be prima facie evidence of a good faith effort
				under paragraph (2)(A), unless it is shown that the defendant has concealed or
				dissipated assets;
						(4)Access to
				informationNotwithstanding any other provision of law, for the
				purpose of enforcing a fine or assessment, a United States Attorney may
				receive, without the need for a court order, any financial information
				concerning the defendant obtained by a grand jury, the United States Probation
				Office, or the Bureau of Prisons.
						(5)Payment
				schedule
							(A)In
				generalAt sentencing, or at any time prior to the termination of
				a restitution obligation under section 3613 of this title, the court
				may—
								(i)impose special
				payment directions upon the defendant or modify such directions; or
								(ii)direct the
				defendant to make a single, lump sum payment, or partial payments at specified
				intervals.
								(B)Period of
				timeThe period of time over which scheduled payments are
				established for purposes of this paragraph shall be the shortest time in which
				full payment can reasonably be made.
							(C)RepatriationThe
				court may direct the defendant to repatriate any property that constitutes
				proceeds of the offense of conviction, or property traceable to such
				proceeds.
							(D)SurrenderIn
				ordering restitution, the court may direct the defendant to surrender to the
				United States any interest of the defendant in any non-exempt asset.
							(E)Third
				partiesIf the court directs the defendant to repatriate or
				surrender any property in which it appears that any person other than the
				defendant may have a legal interest—
								(i)the court shall
				take such action as is necessary to protect such third party interest;
				and
								(ii)may direct the
				United States to initiate any ancillary proceeding to determine such third
				party interests in accordance with the procedures specified in section 413(n)
				of the Controlled Substances Act (21 U.S.C. 853(n)).
								(F)Exclusivity of
				remedyExcept as provided in this section, no person may commence
				an action against the United States concerning the validity of the party’s
				alleged interest in the property subject to reparation or surrender.
							(G)Preservation of
				propertyThe court may enter a restraining order or injunction,
				require the execution of a satisfactory performance bond, or take any other
				action to preserve the availability of property for payment of the fine or
				assessment.
							(6)ConsiderationsIn
				determining whether to impose or modify special payment directions, the court
				may consider—
							(A)the need to
				satisfy the fine or assessment;
							(B)the financial
				ability of the defendant;
							(C)the economic
				circumstances of the defendant, including the financial resources and other
				assets of the defendant, and whether any of those assets are jointly
				controlled;
							(D)the projected
				earnings and other income of the defendant;
							(E)any financial
				obligations of the defendant, including obligations to dependents;
							(F)whether the
				defendant has concealed or dissipated assets or income; and
							(G)any other
				appropriate circumstances.
							(7)Use of
				resourcesAny substantial resources from any source, including
				inheritance, settlement, or other judgment shall be applied to any fine or
				assessment still owed.
						(8)Nominal
				paymentsIf the court finds that the economic circumstances of
				the defendant do not allow the immediate payment of any substantial amount of
				the fine or assessment imposed, the court may direct the defendant to make
				nominal payments of not less than $100 per year toward the fine or assessment
				imposed.
						(9)Inmate financial
				responsibility programCourt-imposed special payment directions
				shall not limit the ability of the Attorney General to maintain an Inmate
				Financial Responsibility Program that encourages sentenced inmates to meet
				their legitimate financial obligations.
						(10)Enforcement
							(A)In
				generalThe ability of the Attorney General to enforce the fines
				and assessment ordered under paragraph (1) shall not be limited by an appeal,
				or the possibility of a correction, modification, amendment, adjustment, or
				reimposition of a sentence, unless the court expressly so orders, for good
				cause shown and stated on the record.
							(B)ExceptionsAbsent
				exceptional circumstances, as determined by the court, an order limiting
				enforcement of a fine or assessment shall—
								(i)require the
				defendant to deposit, in the registry of the district court, any amount of the
				fine or assessment that is due;
								(ii)require the
				defendant to post a bond or other security to ensure payment of the fine or
				assessment that is due; or
								(iii)impose
				additional restraints upon the defendant to prevent the defendant from
				transferring or dissipating assets.
								(C)Other
				activitiesNo order described in subparagraph (B) shall restrain
				the ability of the United States to continue its investigation of the
				defendant’s financial circumstances, conduct discovery, record a lien, or seek
				any injunction or other relief from the court.
							(11)Special
				assessmentsThe requirements of this subsection shall apply to
				the imposition and enforcement of any assessment imposed under section 3013 of
				this
				title.
						.
			104.Collection of
			 unpaid fines or restitutionSection 3612(b) of title 18, United States
			 Code, is amended to read as follows:

					(b)Information To
				Be Included in Judgment; judgment To be transmitted to the Attorney
				General
						(1)In
				generalA judgment or order imposing, modifying, or remitting a
				fine or restitution order of more than $100 shall include—
							(A)the name, social
				security account number, mailing address, and residence address of the
				defendant;
							(B)the docket number
				of the case;
							(C)the original
				amount of the fine or restitution order and the amount that is due and
				unpaid;
							(D)payment orders and
				directions imposed under section 3572(d) and section 3664(f) of this title;
				and
							(E)a description of
				any modification or remission.
							(2)Transmittal of
				copiesNot later than 10 days after entry of the judgment or
				order described in paragraph (1), the court shall transmit a certified copy of
				the judgment or order to the Attorney
				General.
						.
			105.Attorney's fees
			 for victims
				(a)Order of
			 restitutionSection 3663(b) of title 18, United States Code, is
			 amended—
					(1)in paragraph
			 (1)—
						(A)in subparagraph
			 (A), by striking or at the end;
						(B)by redesignating
			 subparagraph (B) as subparagraph (C);
						(C)by inserting after
			 subparagraph (A) the following:

								(B)reimburse the
				victim for attorneys' fees reasonably incurred in an attempt to retrieve
				damaged, lost, or destroyed property (which shall not include payment of
				salaries of Government attorneys); or
								;
				and
						(D)in subparagraph
			 (C), as so redesignated by this subsection, by inserting or (B)
			 after subparagraph (A);
						(2)in paragraph
			 (4)—
						(A)by inserting
			 (including attorneys' fees necessarily and reasonably incurred for
			 representation of the victim, which shall not include payment of salaries of
			 Government attorneys) after other expenses related to
			 participation in the investigation or prosecution of the offense;
			 and
						(B)by striking
			 and at the end;
						(3)in paragraph (5),
			 by striking the period and inserting ; and; and
					(4)by adding at the
			 end the following:

							(6)in any case,
				reimburse the victim for reasonably incurred attorneys' fees that are necessary
				and foreseeable results of the defendant's crime (which shall not include
				payment of salaries of Government
				attorneys).
							.
					(b)Mandatory
			 restitution to victims of certain crimesSection 3663A(b) of
			 title 18, United States Code, is amended—
					(1)in paragraph
			 (1)—
						(A)in subparagraph
			 (A), by striking or at the end;
						(B)by redesignating
			 subparagraph (B) as subparagraph (C);
						(C)by inserting after
			 subparagraph (A) the following:

								(B)reimburse the
				victim for attorneys' fees reasonably incurred in an attempt to retrieve
				damaged, lost, or destroyed property (which shall not include payment of
				salaries of Government attorneys); or
								;
				and
						(D)in subparagraph
			 (C), as so redesignated by this subsection, by inserting or (B)
			 after subparagraph (A);
						(2)in paragraph (3),
			 by striking and at the end;
					(3)in
			 paragraph (4)—
						(A)by inserting
			 (including attorneys' fees necessarily and reasonably incurred for
			 representation of the victim, which shall not include payment of salaries of
			 Government attorneys) after other expenses related to
			 participation in the investigation or prosecution of the offense;
			 and
						(B)by striking the
			 period and inserting ; and; and
						(4)by adding at the
			 end the following:

							(5)in any case,
				reimburse the victim for reasonably incurred attorneys' fees that are necessary
				and foreseeable results of the defendant's crime (which shall not include
				payment of salaries of Government
				attorneys).
							.
					IIPreservation of
			 assets for restitution
			201.Short
			 titleThis title may be cited
			 as the Preservation of Assets for
			 Restitution Act of 2007.
			202.Amendments to
			 the Mandatory Victims Restitution Act
				(a)In
			 generalChapter 232 of title 18, United States Code, is amended
			 by inserting after section 3664 the following:

						3664A.Preservation
				of assets for restitution
							(a)Protective orders
				To preserve assets
								(1)In
				generalUpon the Government's ex parte application and a finding
				of probable cause to believe that a defendant, if convicted, will be ordered to
				satisfy an order of restitution for an offense punishable by imprisonment for
				more than 1 year, the court—
									(A)shall—
										(i)enter a
				restraining order or injunction;
										(ii)require the
				execution of a satisfactory performance bond; or
										(iii)take any other
				action necessary to preserve the availability of any property traceable to the
				commission of the offense charged; and
										(B)if it determines
				that it is in the interests of justice to do so, shall issue any order
				necessary to preserve any nonexempt asset (as defined in section 3613) of the
				defendant that may be used to satisfy such restitution order.
									(2)ProceduresApplications
				and orders issued under paragraph (1) shall be governed by the procedures under
				section 413(e) of the Controlled Substances Act (21 U.S.C. 853(e)) and in this
				section.
								(3)Monetary
				instrumentsIf the property in question is a monetary instrument
				(as defined in section 1956(c)(5)) or funds in electronic form, the protective
				order issued under paragraph (1) may take the form of a warrant authorizing the
				Government to seize the property and to deposit it into an interest-bearing
				account in the Registry of the Court in the district in which the warrant was
				issued, or into another such account maintained by a substitute property
				custodian, as the court may direct.
								(4)Post-indictmentA
				post-indictment protective order entered under paragraph (1) shall remain in
				effect through the conclusion of the criminal case, including sentencing and
				any post-sentencing proceedings, until seizure or other disposition of the
				subject property, unless modified by the court upon a motion by the Government
				or under subsection (b) or (c).
								(b)Defendant's
				right to a hearing
								(1)In
				generalIn the case of a preindictment protective order entered
				under subsection (a)(1), the defendant's right to a post-restraint hearing
				shall be governed by paragraphs (1)(B) and (2) of section 413(e) of the
				Controlled Substances Act (21 U.S.C. 853(e)).
								(2)Post-indictmentIn
				the case of a post-indictment protective order entered under subsection (a)(1),
				the defendant shall have a right to a post-restraint hearing regarding the
				continuation or modification of the order if the defendant—
									(A)establishes by a
				preponderance of the evidence that there are no assets, other than the
				restrained property, available to the defendant to retain counsel in the
				criminal case or to provide for a reasonable living allowance for the necessary
				expenses of the defendant and the defendant's lawful dependents; and
									(B)makes a prima
				facie showing that there is bona fide reason to believe that the court's ex
				parte finding of probable cause under subsection (a)(1) was in error.
									(3)Hearing
									(A)In
				generalIf the court determines that the defendant has satisfied
				the requirements of paragraph (2), it may hold a hearing to determine whether
				there is probable cause to believe that the defendant, if convicted, will be
				ordered to satisfy an order of restitution for an offense punishable by
				imprisonment for more than 1 year, and that the seized or restrained property
				may be needed to satisfy such restitution order.
									(B)Probable
				causeIf the court finds probable cause under subparagraph (A),
				the protective order shall remain in effect.
									(C)No probable
				causeIf the court finds under subparagraph (A) that no probable
				cause exists as to some or all of the property, or determines that more
				property has been seized and restrained than may be needed to satisfy a
				restitution order, it shall modify the protective order to the extent necessary
				to release the property that should not have been restrained.
									(4)RebuttalIf
				the court conducts an evidentiary hearing under paragraph (3), the court shall
				afford the Government an opportunity to present rebuttal evidence and to
				cross-examine any witness that the defendant may present.
								(5)Pretrial
				hearingIn any pretrial hearing on a protective order issued
				under subsection (a)(1), the court may not entertain challenges to the grand
				jury's finding of probable cause regarding the criminal offense giving rise to
				a potential restitution order. The court shall ensure that such hearings are
				not used to obtain disclosure of evidence or the identities of witnesses
				earlier than required by the Federal Rules of Criminal Procedure or other
				applicable law.
								(c)Third party's
				right to post-restraint hearing
								(1)In
				generalA person other than the defendant who has a legal
				interest in property affected by a protective order issued under subsection
				(a)(1) may move to modify the order on the grounds that—
									(A)the order causes an
				immediate and irreparable hardship to the moving party; and
									(B)less intrusive
				means exist to preserve the property for the purpose of restitution.
									(2)ModificationIf,
				after considering any rebuttal evidence offered by the Government, the court
				determines that the moving party has made the showings required under paragraph
				(1), the court shall modify the order to mitigate the hardship, to the extent
				that it is possible to do so while preserving the asset for restitution.
								(3)Intervention
									(A)In
				generalExcept as provided in subparagraph (B) or paragraph (1),
				a person other than a defendant has no right to intervene in the criminal case
				to object to the entry of any order issued under this section or otherwise to
				object to an order directing a defendant to pay restitution.
									(B)ExceptionIf,
				at the conclusion of the criminal case, the court orders the defendant to use
				particular assets to satisfy an order of restitution (including assets that
				have been seized or restrained pursuant to this section) the court shall give
				persons other than the defendant the opportunity to object to the order on the
				ground that the property belonged in whole or in part to the third party and
				not to the defendant, as provided in section 413(n) of the Controlled
				Substances Act (21 U.S.C. 853(n)).
									(d)Geographic scope
				of order
								(1)In
				generalA district court of the United States shall have
				jurisdiction to enter an order under this section without regard to the
				location of the property subject to the order.
								(2)Outside the
				United StatesIf the property subject to an order issued under
				this section is located outside of the United States, the order may be
				transmitted to the central authority of any foreign state for service in
				accordance with any treaty or other international agreement.
								(e)No effect on
				other Government actionNothing in this section shall be
				construed to preclude the Government from seeking the seizure, restraint, or
				forfeiture of assets under the asset forfeiture laws of the United
				States.
							(f)Limitation on
				rights conferredNothing in this section shall be construed to
				create any enforceable right to have the Government seek the seizure or
				restraint of property for restitution.
							(g)Receivers
								(1)In
				generalA court issuing an order under this section may appoint a
				receiver under section 1956(b)(4) to collect, marshal, and take custody,
				control, and possession of all assets of the defendant, wherever located, that
				have been restrained in accordance with this section.
								(2)Distribution of
				propertyThe receiver shall have the power to distribute property
				in its control to each victim identified in an order of restitution at such
				time, and in such manner, as the court may
				authorize.
								.
				(b)Conforming
			 amendmentThe section analysis for chapter 232 of title 18,
			 United States Code, is amended by inserting after the item relating to section
			 3664 the following:

							Sec. 3664A. Preservation of assets for
				restitution.

						.
				203.Amendments to
			 the anti-fraud injunction statuteSection 1345(a) of title 18, United States
			 Code, is amended—
				(1)in paragraph (1)—
					(A)in subparagraph (B), by striking
			 or at the end; and
					(B)by inserting after
			 subparagraph (C) the following:

							(D)committing or
				about to commit a Federal offense that may result in an order of
				restitution;
							;
				and
					(2)in paragraph
			 (2)—
					(A)by striking
			 a banking violation and all that follows through
			 healthcare offense and inserting a violation or offense
			 identified in paragraph (1); and
					(B)by inserting
			 or offense after traceable to such
			 violation.
					204.Amendments to
			 the Federal Debt Collection Procedures Act
				(a)ProcessSection 3004(b)(2) of title 28, United
			 States Code, is amended by inserting after in which the debtor
			 resides. the following: In a criminal case, the district court
			 for the district in which the defendant was sentenced may deny the
			 request..
				(b)Prejudgment
			 remediesSection 3101 of title 28, United States Code, is
			 amended—
					(1)in subsection
			 (a)(1) by inserting after the filing of a civil action on a claim for a
			 debt the following: or in any criminal action where the court
			 may enter an order of restitution; and
					(2)in
			 subsection (d)—
						(A)by inserting after
			 The Government wants to make sure [name of debtor] will pay if the court
			 determines that this money is owed.’  the following:

								In a
				criminal action, use the following opening paragraph: You are hereby notified
				that this [property] is being taken by the United States Government [the
				Government], which says that [name of debtor], if convicted, may owe as
				restitution $ [amount]. The Government says it must take this property at this
				time because [recite the pertinent ground or grounds from section 3101(b)]. The
				Government wants to make sure [name of debtor] will pay if the court determines
				that restitution is
				owed.
								.
						(B)by inserting after
			 a statement that different property may be so exempted with respect to
			 the State in which the debtor resides.]’  the following:

								[In a
				criminal action, the statement summarizing the types of property that may be
				exempt shall list only those types of property that may be exempt under section
				3613 of title 18.]
								;
				and
						(C)by inserting after
			 You must also send a copy of your request to the Government at
			 [address], so the Government will know you want the proceeding to be
			 transferred.’  the following:

								If
				this Notice is issued in conjunction with a criminal case, the district court
				where the criminal action is pending may deny your request for a transfer of
				this
				proceeding.
								.
						(c)EnforcementSection
			 3202(b) of title 28, United States Code, is amended—
					(1)by inserting after
			 a statement that different property may be so exempted with respect to
			 the State in which the debtor resides.]’  the following:
					 [In a criminal
			 action, the statement summarizing the types of property that may be exempt
			 shall list only those types of property that may be exempt under section 3613
			 of title 18.] ; and
					(2)by inserting after
			 you want the proceeding to be transferred.’  the
			 following:
					If this notice is
			 issued in conjunction with a criminal case, the district court where the
			 criminal action is pending may deny your request for a transfer of this
			 proceeding..
				IIIEnvironmental
			 crimes restitution
			301.Short
			 titleThis title may be cited
			 as the Environmental Crimes
			 Restitution Act of 2007.
			302.Immediate
			 availability of restitution to victims of environmental crimesSection 3663(a)(1)(A) of title 18, United
			 States Code, is amended by striking or section 5124, 46312, 46502, or
			 46504 of title 49, and inserting paragraph (2) or (3) of section
			 309(c) of the Federal Water Pollution Control Act (33 U.S.C. 1319(c)), section
			 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33
			 U.S.C. 1415(b)), section 9(a) of the Act to Prevent Pollution from Ships (33
			 U.S.C. 1908(a)), section 1423 or subsection (a) or (b) of section 1432 of the
			 Safe Drinking Water Act (42 U.S.C. 300h–2 and 300i–l), subsection (d) or (e) of
			 section 3008 of the Solid Waste Disposal Act (42 U.S.C. 6928), paragraph (1) or
			 (5) of section 113(c) of the Clear Air Act (42 U.S.C. 7413(c)), or section
			 46312, 46502, or 46504 of title 49,.


		I
		111th CONGRESS
		1st Session
		H. R. 3703
		IN THE HOUSE OF REPRESENTATIVES

			October 1, 2009
			Mr. Burton of Indiana
			 (for himself, Mr. Wexler,
			 Mr. McMahon, and
			 Mr. Turner) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce

		A BILL
		To require the President to call a White House Conference
		  on Autism.

		1.Short titleThis Act may be cited as the
			 White House Conference on Autism Act
			 of 2009.
		2.FindingsThe Congress finds the following:
			(1)Autism Spectrum
			 Disorders (ASD) are the fastest-growing serious developmental disability in the
			 U.S. occurring in all racial, ethnic, and socioeconomic groups.
			(2)According to the
			 Centers for Disease Control and Prevention’s Autism and Disabilities Monitoring
			 Network the rate of Autism in the United States has exploded from an estimated
			 1 in 10,000 during the 1980s to a the current rate of 1 in 150 demonstrating
			 that the United States is facing an literal epidemic of autism.
			(3)The epidemic shows
			 no sign of slowing as a new case of autism is diagnosed almost every 20
			 minutes.
			(4)More children will
			 be diagnosed with autism this year than with AIDS, diabetes, and cancer
			 combined.
			(5)Autism costs the
			 Nation over $35,000,000,000 per year, a figure expected to significantly
			 increase in the next decade.
			(6)Autism is a life
			 changing condition not a life threatening condition. Our Nation’s educational,
			 labor, housing and medical communities are ill-equipped and undertrained to
			 handle a generation of autism individuals.
			(7)In the long-term,
			 this autism epidemic could potentially deprive our Nation of a huge pool of
			 future military, industrial, medical, and scientific talent.
			(8)Although autism
			 spectrum disorders are an urgent societal concern and comprehensive research is
			 the best hope for understanding the causes of autism and other developmental
			 disorders, autism receives less than 5 percent of the Federal research funding
			 of many less prevalent childhood diseases.
			(9)In December 2006,
			 Congress passed and President Bush signed into law the Combating Autism
			 Act of 2006, which committed nearly $1,000,000,000 to autism research,
			 including essential research on environmental factors, treatments, and early
			 identification and support services.
			(10)A White House
			 Conference on Autism presents an historic opportunity to build on the
			 foundation of the Combating Autism Act to advance the scientific study and
			 analysis of many promising cutting-edge treatments and services for
			 autism.
			3.Authorization of
			 the conference
			(a)Authority To
			 Call ConferenceNot later than December 31, 2010, the President
			 shall call the White House Conference on Autism (in this Act referred to as the
			 Conference) to be convened not later than 18 months after the
			 selection of the Policy Committee established in section 4, in order to make
			 fundamental policy recommendations on ways to combat the autism epidemic in the
			 United States and to implement the purposes set forth in subsection (c).
			(b)Planning and
			 DirectionThe Secretary of Health and Human Services, the
			 Secretary of Education, and the Secretary of Housing and Urban Development (in
			 this Act referred to as the Cochairs) shall plan, conduct, and
			 convene the Conference, in consultation with the Surgeon General.
			(c)Purposes of the
			 ConferenceThe purposes of the Conference are to—
				(1)galvanize a
			 national effort to find the underlying cause or causes of autism;
				(2)identify viable
			 solutions and valuable services to help autistic individuals and families of
			 autistic individuals meet the challenges they face on a daily basis;
				(3)bring together the
			 best scientific minds to chart a comprehensive research agenda, including the
			 exploration of potential environmental triggers or contributors;
				(4)bring together
			 parents of autistic children and leaders in the field of education and social
			 services to begin a national dialogue about addressing the life-long challenges
			 faced by these children and their families;
				(5)highlight emerging
			 and innovative programs from the public and private sectors, including
			 community-based and faith-based organizations that effectively serve the needs
			 of autistic children and adults and recommend such programs as can be
			 reasonably and cost-effectively replicated; and
				(6)review the current
			 structure, scope, and effectiveness of existing legislation and programs at the
			 Federal, State, and local levels that provide autism research services; and to
			 develop such specific and comprehensive recommendations for legislative action
			 as may be appropriate for improving those bills and programs with the aim of
			 enhancing the health, quality of life and well-being of autistic individuals
			 and their families.
				4.Policy committee;
			 related committees
			(a)EstablishmentNot
			 later than June 30, 2009, there is established a Policy Committee comprising of
			 17 members to be selected as follows:
				(1)Presidential
			 appointeesNine members shall be selected by the President and
			 shall include—
					(A)3 members who are
			 officers or employees of the United States, including the Surgeon General;
			 and
					(B)6 members with
			 experience in addressing the needs of people with autism spectrum disorders in
			 the United States.
					(2)House
			 appointees
					(A)Two members shall
			 be selected by the Speaker of the House of Representatives after consultation
			 with the chairperson of the Committee on Education and Labor, and the
			 chairperson of the Committee on Energy and Commerce, of the House of
			 Representatives.
					(B)Two members shall
			 be selected by the minority leader of the House of Representatives, after
			 consultation with the ranking minority members of such committees.
					(3)Senate
			 appointees
					(A)Two members shall
			 be selected by the majority leader of the Senate, after consultation with
			 members of the Committee on Health, Education, Labor, and Pensions, and the
			 Committee on Banking, Housing, and Urban Affairs of the Senate.
					(B)Two members shall
			 be selected by the minority leader of the Senate, after consultation with
			 members of such committees.
					(b)Special
			 qualificationsOf the members of the Policy Committee appointed
			 under paragraph (a)(1)(B), (a)(2), and (a)(3), 50 percent must be drawn from
			 private industry, the nonprofit sector, or academia, of whom—
				(1)at least 1 shall
			 be a parent or legal guardian of individuals with autism or other pervasive
			 developmental disorders;
				(2)at least 1 other
			 shall be knowledgeable about autism intervention programs and systems,
			 including complementary and alternative therapies;
				(3)at least 1 other
			 shall be knowledgeable about programs specifically designed to meet the unique
			 educational needs of children and adults with autism;
				(4)at least 1 other
			 shall be knowledgeable about programs specifically designed to meet the unique
			 housing needs of children and adults with autism;
				(5)at least 1 other
			 shall be knowledgeable about programs specifically designed to train and
			 educate law enforcement and criminal justice officials to respond to the unique
			 needs of children and adults with autism; and
				(6)at least 1 other
			 shall be knowledgeable about environmental or toxic exposure of adults and
			 children as it relates to the development of autism.
				(c)Voting;
			 Chairperson
				(1)VotingThe
			 Policy Committee shall act by the vote of a majority of the members present. A
			 quorum of Committee members shall be required to conduct Committee
			 business.
				(2)ChairpersonThe
			 Surgeon General shall serve as the chairperson of the Policy Committee. The
			 chairperson may vote only to break a tie vote of the other members of the
			 Policy Committee.
				(d)Duties of the
			 Policy CommitteeThe Policy Committee shall initially meet at the
			 call of the Cochairs, not later than 30 days after the last member is selected
			 under subsection (a). Subsequent meetings of the Policy Committee shall be held
			 at the call of the chairperson. Through meetings, hearings, and working
			 sessions, the Policy Committee shall—
				(1)make
			 recommendations to the Cochairs to facilitate the timely convening of the
			 Conference;
				(2)submit to the
			 Cochairs a proposed agenda for the Conference not later than 90 days after the
			 first meeting of the Policy Committee;
				(3)make
			 recommendations for the delegates of the Conference;
				(4)establish the
			 number of delegates to be selected under section 5; and
				(5)establish an
			 executive committee consisting of 3 members of the Policy Committee to work
			 with delegates of the Conference.
				5.Conference
			 delegatesTo carry out the
			 purposes of the Conference, the Cochairs shall bring together delegates
			 representative of the spectrum of thought in the field of autism and
			 neurodevelopmental disorders, without regard to political affiliation or past
			 partisan activity, who shall include—
			(1)representatives of
			 Federal, State, and local governments;
			(2)professional
			 people and laypeople who are working in the field of autism and
			 neurodevelopmental disorders; and
			(3)representatives of
			 the general public who are affected by autism spectrum disorders in the United
			 States.
			6.Conference
			 administration
			(a)AdministrationIn
			 administering this section, the Cochairs shall—
				(1)provide written
			 notice to all members of the Policy Committee of each meeting, hearing, or
			 working session of such Committee not later than 48 hours before the occurrence
			 of such meeting, hearing, or working session;
				(2)request the
			 cooperation and assistance of the heads of such other Federal departments and
			 agencies as may be appropriate, including the detailing of personnel;
				(3)make available for
			 public comment a proposed agenda prepared by the Policy Committee, which will
			 reflect to the greatest extent possible the major issues facing the field of
			 autism consistent with the purposes of the Conference set forth in section
			 3(c);
				(4)prepare and make
			 available background materials that the Cochairs deem necessary for the use of
			 delegates to the Conference; and
				(5)employ such
			 additional personnel as may be necessary to carry out the provisions of this
			 Act without regard to provisions of title 5, United States Code, governing
			 appointments in the competitive service, and without regard to chapter 51 and
			 subchapter III of chapter 53 of such title relating to classification and
			 General Schedule pay rates.
				(b)DutiesIn
			 carrying out the Cochairs’s responsibilities and functions under this section,
			 the Cochairs shall ensure that—
				(1)the proposed
			 agenda prepared under subsection (a)(3) is published in the Federal Register
			 not later than 30 days after such agenda is approved by the Policy
			 Committee;
				(2)the personnel
			 employed under subsection (a)(5) are fairly balanced in terms of points of
			 views represented and are appointed without regard to political affiliation or
			 previous partisan activities;
				(3)the
			 recommendations of the Conference are not inappropriately influenced by any
			 public official or by any special interest, but instead are the result of the
			 independent and collective judgment of the delegates of the Conference;
			 and
				(4)before the
			 Conference is convened—
					(A)current and
			 adequate statistical data (including decennial census data) and other
			 information on autism spectrum disorders in the United States; and
					(B)such information
			 as may be necessary to evaluate Federal programs and policies relating to
			 autism spectrum disorders;
					which the
			 Cochairs may obtain by making grants to or entering into an agreement with,
			 public agencies or nonprofit organizations, are readily available in advance of
			 the Conference to the delegates.(c)GiftsThe
			 Cochairs may accept, on behalf of the United States, gifts (in cash or in kind,
			 including voluntary and uncompensated services), which shall be available to
			 carry out this Act. Gifts of cash shall be available in addition to amounts
			 appropriated to carry out this title. Gifts may be earmarked by the donor or
			 the executive committee for a specific purpose.
			(d)RecordsThe
			 Cochairs shall maintain records regarding—
				(1)the sources,
			 amounts, and uses of gifts accepted under subsection (c); and
				(2)the identity of
			 each person receiving assistance to carry out this Act, and the amount of such
			 assistance received by each such person.
				7.Report of the
			 conference
			(a)Preliminary
			 ReportNot later than 100 days after the Conference adjourns, the
			 Policy Committee shall prepare a preliminary report on the Conference which
			 shall be published in the Federal Register and submitted to the chief executive
			 officers of the States. The Policy Committee shall request that the chief
			 executive officers of the States submit to the Policy Committee, not later than
			 45 days after receiving such report, their views and findings on such
			 report.
			(b)Final
			 ReportNot later than 6 months after the date on which the
			 Conference adjourns, the Policy Committee shall—
				(1)prepare a final
			 report of the Conference which shall include a compilation of the views and
			 findings of the chief executive officers of the States received under
			 subsection (a); and
				(2)publish in the
			 Federal Register, and transmit to the President and to Congress, the
			 recommendations for the administrative action and the legislation necessary to
			 implement the recommendations contained in such report.
				8.Status
			 reports
			(a)Initial Status
			 ReportNot later than 2 years after the date on which the
			 Conference adjourns, the Surgeon General shall—
				(1)prepare a status
			 report documenting the implementation of the recommendations contained in the
			 final report described in section 7(b)(1); and
				(2)publish in the
			 Federal Register, and transmit to the President and to Congress, such status
			 report.
				(b)Subsequent
			 Status ReportsNot later than 5 years after the date on which the
			 Conference adjourns, and every 5 years thereafter until all recommendations in
			 the final report described in section 7(b)(1) are achieved, the Comptroller
			 General shall—
				(1)prepare a status
			 report documenting the implementation of the recommendations contained in such
			 final report; and
				(2)publish in the
			 Federal Register, and transmit to the President and to Congress, such status
			 report.
				9.Definition of
			 stateFor the purposes of this
			 Act, the term State means any of the several States, the District
			 of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin
			 Islands of the United States, or the Commonwealth of the Northern Mariana
			 Islands.
		10.Authorization of
			 appropriations
			(a)Authorization
				(1)In
			 generalThere are authorized to be appropriated to carry out this
			 Act—
					(A)such sums as may
			 be necessary for the first fiscal year in which the Policy Committee plans the
			 Conference and for the following fiscal year; and
					(B)such sums as may
			 be necessary for the fiscal year in which the Conference is held.
					(2)LimitationAny
			 new spending authority or new authority to enter into contracts under this Act,
			 and under which the United States is obligated to make outlays, shall be
			 effective only to the extent, and in such amounts, as are provided in advance
			 in appropriations Acts.
				(b)Availability of
			 Funds
				(1)In
			 generalExcept as provided in paragraph (3), funds appropriated
			 to carry out this Act and funds received as gifts under section 6(c) shall
			 remain available for obligation or expenditure until the expiration of the
			 1-year period beginning on the date the Conference adjourns.
				(2)Unobligated
			 fundsExcept as provided in paragraph (3), any such funds neither
			 expended nor obligated before the expiration of the 1-year period beginning on
			 the date the Conference adjourns shall be returned to the United States
			 Treasury.
				(3)Conference not
			 convenedIf the Conference is not convened before December 31,
			 2010, a trust fund shall be established and such funds shall only be available
			 for a future Conference on Autism.


		II
		112th CONGRESS
		2d Session
		S. 3065
		IN THE SENATE OF THE UNITED STATES

			May 9, 2012
			Mr. Wyden introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To reduce temporarily the duty on certain sports footwear
		  for men with outer soles of rubber or plastics and uppers of textile
		  materials.

		1.Certain sports footwear for
			 men with outer soles of rubber or plastics and uppers of textile
			 materials
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Sports footwear, tennis shoes, basketball shoes, gym shoes,
						training shoes and the like with outer soles of rubber or plastics and uppers
						of textile materials, having uppers of which over 50 percent of the external
						surface area (including any leather accessories or reinforcements) is leather,
						the foregoing for men (provided for in subheading 6404.11.20)0.2%No
						changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of the enactment of this Act.


		III
		111th CONGRESS
		1st Session
		S. RES. 176
		IN THE SENATE OF THE UNITED STATES

			June 9, 2009
			Mr. Feingold (for
			 himself, Mr. Isakson,
			 Mr. Kerry, Mr.
			 Inhofe, Mr. Burris,
			 Mr. Whitehouse, Mr. Nelson of Nebraska, Mr. Durbin, Mr.
			 Cardin, and Mr. Brownback)
			 submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Expressing the sense of the Senate on
		  United States policy during the political transition in Zimbabwe, and for other
		  purposes.

		Whereas, over the course of the last decade, the
			 Zimbabwean African National Union-Patriotic Front (ZANU-PF), led by Robert
			 Mugabe, increasingly turned to violence and intimidation to maintain power
			 amidst government-directed economic collapse and a growing humanitarian
			 crisis;
		Whereas the Department of State’s 2008 Country Report on
			 Human Rights Practices states that the Government of Zimbabwe continued
			 to engage in the pervasive and systematic abuse of human rights, which
			 increased during the year, including unlawful killings,
			 politically-motivated abductions, state-sanctioned use of excessive force and
			 torture by security forces against opposition, student leaders, and civil
			 society activists;
		Whereas Zimbabwe held presidential and parliamentary
			 elections on March 29, 2008, with official results showing that Mr. Mugabe won
			 43.2 percent of the vote, while Morgan Tsvangirai, leader of the opposition
			 party Movement for Democratic Change (MDC), won 47.9 percent of the
			 vote;
		Whereas, in the wake of those elections, Mr. Mugabe and
			 his allies launched a brutal campaign of violence against members and
			 supporters of the MDC, voters and journalists, and other citizens of Zimbabwe,
			 leading Mr. Tsvangirai to withdraw from the June 27, 2008, runoff presidential
			 election, which Mr. Mugabe, the only remaining candidate, then won with 85
			 percent of the vote;
		Whereas, on September 15, 2008, ZANU-PF and the MDC signed
			 a Global Political Agreement (GPA) to form a transitional
			 government under which Mr. Mugabe would remain President, Mr. Tsvangirai would
			 become Prime Minister, and the parties would divide control of the
			 ministries;
		Whereas the Global Political Agreement, as written,
			 included provisions to restore the rule of law and economic stability and
			 growth, establish a new constitution, end violence by state and non-state
			 actors, and promote freedom of assembly, association, expression, and
			 communication;
		Whereas the installation of the transitional government
			 stalled for five months as Mr. Mugabe and his allies refused to compromise on
			 control of key ministries and security agencies and continued to use the state
			 security apparatus to intimidate and commit violence against political
			 opponents;
		Whereas, according to the United Nations, the humanitarian
			 situation during that time deteriorated to unprecedented levels, with an
			 estimated 5,000,000 people in Zimbabwe susceptible to food insecurity, and
			 collapsing water and sewerage services giving rise to a cholera epidemic that
			 has resulted in the deaths of more than 4,000 people;
		Whereas, on February 11, 2009, the parties finally formed
			 the transitional government;
		Whereas there has since been some progress toward the
			 implementation of the Global Political Agreement, including positive steps by
			 the Ministry of Finance, such as the issuance of a Short Term Economic Recovery
			 Program (STERP) and the abandonment of the Zimbabwe dollar in favor of foreign
			 currencies;
		Whereas many of the reform-minded individuals within the
			 new transitional government are limited by a severe lack of qualified personnel
			 and material resources;
		Whereas the full implementation of the Global Political
			 Agreement continues to be obstructed by hardliners in the government, and
			 important issues regarding senior government appointments remain unresolved,
			 notably the status of the current Reserve Bank Governor and the Attorney
			 General;
		Whereas ZANU-PF officials have made efforts to obstruct
			 implementation of the Global Political Agreement as they continue to arrest
			 legitimate journalists and human rights activists and delay the swearing into
			 office of properly designated officials nominated by MDC; and
		Whereas the security forces continue to operate outside
			 the rule of law, condoning land invasions, restrictions on media access and
			 freedoms, and harassment, arbitrary arrests, and detention of civil society
			 activists in Zimbabwe: Now, therefore, be it

		That it is the sense of the Senate
			 that the United States Government, in coordination with other democratic
			 governments and international institutions desiring to help the people of
			 Zimbabwe, should—
			(1)continue to
			 provide humanitarian assistance to meet the urgent needs of the people of
			 Zimbabwe;
			(2)make available
			 increased resources for nongovernmental entities to provide assistance and to
			 pay salaries or fees to appropriately qualified people in Zimbabwe to enable
			 progress to be made in the critical areas of education, health, water, and
			 sanitation;
			(3)welcome and
			 encourage responsible efforts by the international community to support,
			 strengthen, and extend reforms made by ministries within the Government of
			 Zimbabwe, especially the Ministry of Finance;
			(4)provide concrete
			 financial and technical assistance in response to requests from the people of
			 Zimbabwe and civil society organizations in their efforts to draft and enact a
			 new constitution based on democratic values and principles that would enable
			 the country to hold fair and free elections at an early date;
			(5)work with and
			 encourage regional governments and leaders to promote human rights, the
			 restoration of the rule of law, and economic growth in Zimbabwe;
			(6)maintain the
			 existing ban on the transfer of defense items and services and the suspension
			 of most non-humanitarian government-to-government assistance until there is
			 demonstrable progress toward restoring the rule of law, civilian control over
			 security forces, and respect for human rights in Zimbabwe; and
			(7)support the
			 continuation and updating of financial sanctions and travel bans targeted
			 against those individuals responsible for the deliberate breakdown of the rule
			 of law, politically motivated violence, and other ongoing illegal activities in
			 Zimbabwe.