		I
		112th CONGRESS
		1st Session
		H. R. 52
		IN THE HOUSE OF REPRESENTATIVES

			January 5, 2011
			Mr. Connolly of
			 Virginia (for himself and Mr.
			 Tonko) introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To amend the Outer Continental Shelf Lands Act to require
		  that treatment of the issuance of any exploration plans, development production
		  plans, development operation coordination documents, and lease sales required
		  under Federal law for offshore drilling activity on the outer Continental Shelf
		  as a major Federal action significantly affecting the quality of the human
		  environment for the purposes of the National Environmental Policy Act of 1969,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Oil Pollution Environmental Review
			 Act or OPERA.
		2.Application of
			 NEPA to offshore drilling activity
			(a)In
			 generalThe Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
			 seq.) is amended by adding at the end the following new section:

					32.Application of
				National Environmental Policy Act of 1969
						(a)In
				generalThe head of any
				Federal agency shall treat the issuance of any exploration plans, development
				production plans, development operation coordination documents, and lease sales
				required under Federal law for offshore drilling activity on the outer
				Continental Shelf as a major Federal action significantly affecting the quality
				of the human environment for the purposes of section 102 of the National
				Environmental Policy Act of 1969, and requiring detailed environmental analysis
				of such proposed actions and reasonably foreseeable subsequent actions.
						(b)DefinitionsIn
				this section the term offshore drilling activity—
							(1)means drilling for
				oil or gas under a lease, or conducting a major geophysical seismic survey,
				under the Outer Continental Shelf Lands Act; and
							(2)includes such
				drilling or surveying for exploration, development, or
				production.
							.
			(b)Repeal of 30-Day
			 deadline for Approval of exploration activitiesSection 11(c)(1)
			 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340(c)(1)) is amended by
			 striking The Secretary shall approve such plan, as submitted or
			 modified, within thirty days of its submission, except that the and by
			 inserting The.


		II
		112th CONGRESS
		2d Session
		S. 2397
		IN THE SENATE OF THE UNITED STATES

			April 26, 2012
			Mr. Cardin introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on white pepper extracted
		  oleoresin.

		1.White pepper extracted
			 oleoresin
			(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:

								9902.01.00White pepper extracted oleoresin (CAS No. 977018–21–5)
						(provided for in subheading 3301.90.10)FreeNo
						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.


		I
		112th CONGRESS
		1st Session
		H. R. 2265
		IN THE HOUSE OF REPRESENTATIVES

			June 21, 2011
			Mr. Richmond (for
			 himself and Mr. Thompson of
			 Mississippi) introduced the following bill; which was referred to
			 the Committee on Transportation and
			 Infrastructure, and in addition to the Committee on
			 Homeland Security, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To direct the President to forgo recoupment of
		  liabilities relating to assistance provided under the Robert T. Stafford
		  Disaster Relief and Emergency Assistance Act, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 FEMA Recoupment Fairness Act of
			 2011.
		2.Recoupment of
			 liabilities
			(a)In
			 generalThe President shall
			 forgo recoupment of liabilities to the United States relating to covered
			 assistance provided to an individual or household if—
				(1)the covered assistance was provided based
			 on an error by the Federal Emergency Management Agency; and
				(2)there was no fault on behalf of the
			 recipient with respect to the error, including that fraud, the presentation of
			 a false claim, or misrepresentation by the recipient or any party having an
			 interest in the claim was not involved.
				(b)Report to
			 CongressNot later than 180
			 days after the date of enactment of this Act, and every 180 days thereafter
			 during the 18-month period beginning on such date, the Inspector General of the
			 Department of Homeland Security shall submit to the appropriate congressional
			 committees a report that assesses the cost-effectiveness of the efforts of the
			 Federal Emergency Management Agency to recoup erroneous assistance.
			(c)DefinitionsIn
			 this section, the following definitions apply:
				(1)Appropriate
			 congressional committeesThe term appropriate congressional
			 committees means the—
					(A)Committee on Transportation and
			 Infrastructure of the House of Representatives;
					(B)Committee on
			 Homeland Security of the House of Representatives; and
					(C)Committee on Homeland Security and
			 Governmental Affairs of the Senate.
					(2)Covered
			 assistanceThe term covered assistance means
			 assistance provided—
					(A)under section 408
			 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
			 U.S.C. 5174); and
					(B)in relation to a
			 major disaster declared by the President under section 401 of such Act (42
			 U.S.C. 5170) during the period beginning on August 28, 2005, and ending on
			 December 31, 2010.
					(3)Erroneous
			 assistanceThe term erroneous assistance means
			 assistance subject to recoupment by the Federal Emergency Management Agency
			 provided—
					(A)under section 408 of the Robert T. Stafford
			 Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174);
					(B)in relation to a major disaster declared by
			 the President under section 401 of such Act (42 U.S.C. 5170) during the period
			 beginning on August 28, 2005, and ending on December 31, 2010; or
					(C)in response to a catastrophic incident
			 under section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311).


		I
		111th CONGRESS
		1st Session
		H. R. 4322
		IN THE HOUSE OF REPRESENTATIVES

			December 15, 2009
			Mr. Sarbanes
			 introduced the following bill; which was referred to the
			 Committee on Education and
			 Labor

		A BILL
		To establish a National Foundation on Physical Fitness
		  and Sports to carry out activities to support and supplement the mission of the
		  President’s Council on Physical Fitness and Sports.

		1.Short titleThis Act may be cited as the
			 National Foundation on Physical
			 Fitness and Sports Establishment Act.
		2.Establishment and
			 purpose of Foundation
			(a)EstablishmentThere
			 is established the National Foundation on Physical Fitness and Sports
			 (hereinafter in this Act referred to as the Foundation). The
			 Foundation is a charitable and nonprofit corporation and is not an agency or
			 establishment of the United States.
			(b)PurposesThe
			 purposes of the Foundation are—
				(1)in conjunction
			 with the President’s Council on Physical Fitness and Sports, to develop a list
			 and description of programs, events and other activities which would further
			 the goals outlined in Executive Order 12345 and with respect to which combined
			 private and governmental efforts would be beneficial; and
				(2)to encourage and
			 promote the participation by private organizations in the activities referred
			 to in subsection (b)(1) and to encourage and promote private gifts of money and
			 other property to support those activities.
				(c)Disposition of
			 Money and PropertyAt least annually the Foundation shall
			 transfer, after the deduction of the administrative expenses of the Foundation,
			 the balance of any contributions received for the activities referred to in
			 subsection (b), to the United States Public Health Service Gift Fund pursuant
			 to section 2701 of the Public Health Service
			 Act (42 U.S.C. 300aaa) for expenditure pursuant to the provisions of
			 that section and consistent with the purposes for which the funds were
			 donated.
			3.Board of
			 Directors of the Foundation
			(a)Establishment
			 and MembershipThe Foundation shall have a governing Board of
			 Directors (hereinafter referred to in this Act as the Board),
			 which shall consist of 11 members each of whom shall be a United States citizen
			 and—
				(1)4
			 of whom must be knowledgeable or experienced in one or more fields directly
			 connected with physical fitness, sports, or the relationship between health
			 status and physical exercise; and
				(2)7
			 of whom must be leaders in the private sector with a strong interest in
			 physical fitness, sports, or the relationship between health status and
			 physical exercise.
				The
			 membership of the Board, to the extent practicable, shall represent diverse
			 professional specialties relating to the achievement of physical fitness
			 through regular participation in programs of exercise, sports, and similar
			 activities. The Assistant Secretary for Health, the Executive Director of the
			 President’s Council on Physical Fitness and Sports, the Director for the
			 National Center for Chronic Disease Prevention and Health Promotion, the
			 Director of the National Heart, Lung, and Blood Institute, and the Director for
			 the Centers for Disease Control and Prevention shall be ex officio, nonvoting
			 members of the Board. Appointment to the Board or its staff shall not
			 constitute employment by, or the holding of an office of, the United States for
			 the purposes of any Federal employment or other law.(b)AppointmentsWithin 90 days from the date of enactment
			 of this Act, the members of the Board will be appointed. Three members of the
			 Board will be appointed by the Secretary (hereinafter referred to in this Act
			 as the Secretary), 2 by the majority leader of the Senate, 1 by
			 the minority leader of the Senate, 1 by the President Pro Tempore of the
			 Senate, 2 by the Speaker of the House of Representatives, 1 by the majority
			 leader of the House of Representatives, 1 by the minority leader of the House
			 of Representatives.
			(c)TermsThe
			 members of the Board shall serve for a term of 6 years. A vacancy on the Board
			 shall be filled within 60 days of the vacancy in the same manner in which the
			 original appointment was made and shall be for the balance of the term of the
			 individual who was replaced. No individual may serve more than 2 consecutive
			 terms as a member.
			(d)ChairmanThe
			 Chairman shall be elected by the Board from its members for a 2-year term and
			 will not be limited in terms or service.
			(e)QuorumA
			 majority of the current membership of the Board shall constitute a quorum for
			 the transaction of business.
			(f)MeetingsThe
			 Board shall meet at the call of the Chairman at least once a year. If a member
			 misses 3 consecutive regularly scheduled meetings, that member may be removed
			 from the Board and the vacancy filled in accordance with subsection (c).
			(g)Reimbursement of
			 ExpensesMembers of the Board shall serve without pay, but may be
			 reimbursed for the actual and necessary traveling and subsistence expenses
			 incurred by them in the performance of the duties of the Foundation, subject to
			 the same limitations on reimbursement that are imposed upon employees of
			 Federal agencies.
			(h)LimitationsThe
			 following limitations apply with respect to the appointment of officers and
			 employees of the Foundation:
				(1)Officers and
			 employees may not be appointed until the Foundation has sufficient funds to pay
			 them for their service. No individual so appointed may receive pay in excess of
			 the annual rate of basic pay in effect for Executive Level V in the Federal
			 service.
				(2)The first officer
			 or employee appointed by the Board shall be the Secretary of the Board who
			 shall serve, at the direction of the Board, as its chief operating officer and
			 shall be knowledgeable and experienced in matters relating to physical fitness
			 and sports.
				(3)No Public Health
			 Service employee nor the spouse or dependent relative of such an employee may
			 serve as an officer or member of the Board of Directors or as an employee of
			 the Foundation.
				(4)Any individual who
			 is an officer, employee, or member of the Board of the Foundation may not (in
			 accordance with the policies developed under subsection (i)) personally or
			 substantially participate in the consideration or determination by the
			 Foundation of any matter that would directly or predictably affect any
			 financial interest of the individual or a relative (as such term is defined in
			 section 109(16) of the Ethics in Government Act, 1978) of the individual, of
			 any business organization, or other entity, or of which the individual is an
			 officer or employee, is negotiating for employment, or in which the individual
			 has any other financial interest.
				(i)General
			 PowersThe Board may complete the organization of the Foundation
			 by—
				(1)appointing
			 officers and employees;
				(2)adopting a
			 constitution and bylaws consistent with the purposes of the Foundation and the
			 provision of this Act; and
				(3)undertaking such
			 other acts as may be necessary to carry out the provisions of this Act.
				In
			 establishing bylaws under this subsection, the Board shall provide for policies
			 with regard to financial conflicts of interest and ethical standards for the
			 acceptance, solicitation and disposition of donations and grants to the
			 Foundation.4.Rights and
			 obligations of the Foundation
			(a)In
			 GeneralThe Foundation—
				(1)shall have
			 perpetual succession;
				(2)may conduct
			 business throughout the several States, territories, and possessions of the
			 United States;
				(3)shall have its
			 principal offices in or near the District of Columbia; and
				(4)shall at all times
			 maintain a designated agent authorized to accept service of process for the
			 Foundation.
				The serving
			 of notice to, or service of process upon, the agent required under paragraph
			 (4), or mailed to the business address of such agent, shall be deemed as
			 service upon or notice to the Foundation.(b)SealThe
			 Foundation shall have an official seal selected by the Board which shall be
			 judicially noticed.
			(c)PowersTo
			 carry out its purposes under section 2, and subject to the specific provisions
			 thereof, the Foundation shall have the usual powers of a corporation acting as
			 a trustee in the District of Columbia, including the power—
				(1)except as
			 otherwise provided herein, to accept, receive, solicit, hold, administer and
			 use any gift, devise, or bequest, either absolutely or in trust, of real or
			 personal property or any income therefrom or other interest therein;
				(2)to acquire by
			 purchase or exchange any real or personal property or interest therein;
				(3)unless otherwise
			 required by the instrument of transfer, to sell, donate, lease, invest,
			 reinvest, retain or otherwise dispose of any property or income
			 therefrom;
				(4)to sue and be
			 sued, and complain and defend itself in any court of competent jurisdiction,
			 except for gross negligence;
				(5)to enter into
			 contracts or other arrangements with public agencies and private organizations
			 and persons and to make such payments as may be necessary to carry out its
			 functions; and
				(6)to do any and all
			 acts necessary and proper to carry out the purposes of the Foundation.
				For
			 purposes of this Act, an interest in real property shall be treated as
			 including easements or other rights for preservation, conservation, protection,
			 or enhancement by and for the public of natural, scenic, historic, scientific,
			 educational inspirational or recreational resources. A gift, devise, or bequest
			 may be accepted by the Foundation even though it is encumbered, restricted, or
			 subject to beneficial interests of private persons if any current or future
			 interest therein is for the benefit of the Foundation.5.Protection and
			 uses of trademarks and trade names
			(a)ProtectionWithout
			 the consent of the Foundation in conjunction with the President’s Council on
			 Physical Fitness and Sports, any person who uses for the purpose of trade, uses
			 to induce the sale of any goods or services, or uses to promote any theatrical
			 exhibition, athletic performance or competition—
				(1)the official seal
			 of the President’s Council on Physical Fitness and Sports consisting of the
			 eagle holding an olive branch and arrows with shield breast encircled by name
			 President’s Council on Physical Fitness and Sports and
			 consisting, depending upon placement, of diagonal stripes;
				(2)the official seal
			 of the Foundation; or
				(3)any trademark,
			 trade name, sign, symbol, or insignia falsely representing association with or
			 authorization by the President’s Council on Physical Fitness and Sports or the
			 Foundation;
				shall be
			 subject in a civil action by the Foundation for the remedies provided in the
			 Act of July 9, 1946 (60 Stat. 427; popularly known as the Trademark Act of
			 1946).(b)UsesThe
			 Foundation, in conjunction with the President’s Council on Physical Fitness and
			 Sports, may authorize contributors and suppliers of goods or services to use
			 the trade name or the President’s Council on Physical Fitness and Sports and
			 the Foundation as well as any trademark, seal, symbol, insignia, or emblem of
			 the President’s Council on Physical Fitness and Sports or the Foundation in
			 advertising that the contributors, goods, or services when donated, supplied,
			 or furnished to or for the use of, or approved, selected, or used by the
			 President’s Council on Physical Fitness and Sports or the Foundation.
			6.Volunteer
			 statusThe Foundation may
			 accept, without regard to the civil service classification laws, rules, or
			 regulations, the services of volunteers in the performance of the functions
			 authorized herein, in the manner provided for under section 7(c) of the Fish
			 and Wildlife Act of 1956 (16 U.S.C. 742f(c)).
		7.Audit, report
			 requirements, and petition of attorney general for equitable relief
			(a)AuditsFor
			 purposes of the Act entitled An Act for audit of accounts of private
			 corporations established under Federal law, approved August 30, 1964
			 (Public Law 88–504, 36 U.S.C. 1101–1103) the Foundation shall be treated as a
			 private corporation under Federal law. The Inspector General of the Department
			 of Health and Human Services and the Comptroller General of the United States
			 shall have access to the financial and other records of the Foundation, upon
			 reasonable notice.
			(b)ReportThe
			 Foundation shall, as soon as practicable after the end of each fiscal year,
			 transmit to the Secretary of Health and Human Services and to Congress a report
			 of its proceedings and activities during such year, including a full and
			 complete statement of its receipts, expenditures, and investments.
			(c)Relief With
			 Respect to Certain Foundation Acts or Failure To ActIf the
			 Foundation—
				(1)engages in, or
			 threatens to engage in, any act, practice or policy that is inconsistent with
			 its purposes set forth in section 2(b); or
				(2)refuses, fails, or
			 neglects to discharge its obligations under this Act, or threaten to do
			 so;
				the
			 Attorney General of the United States may petition in the United States
			 District Court for the District of Columbia for such equitable relief as may be
			 necessary or appropriate.8.Authorization of
			 appropriationsFor fiscal year
			 2011, there are authorized to be appropriated such sums as may be necessary, to
			 be made available to the Foundation for organizational costs.


		II
		111th CONGRESS
		1st Session
		S. 2190
		IN THE SENATE OF THE UNITED
		  STATES

			October 29, 2009
			Mr. Specter (for himself
			 and Mr. Casey) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend the temporary suspension of duty
		  on polyisocyanate cross linking agent products containing triphenylmethane
		  triisocyanate in solvents.

		1.Polyisocyanate cross linking agent products
			 containing triphenylmethane triisocyanate in solvents
			(a)In generalHeading 9902.11.83 of the Harmonized Tariff
			 Schedule of the United States (relating to polyisocyanate cross linking agent
			 products containing triphenylmethane triisocyanate in solvents) is amended by
			 striking 12/31/2009 and inserting
			 12/31/2011.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies to goods entered, or withdrawn from warehouse for
			 consumption, on or after the 15th day after the date of the enactment of this
			 Act.


115 S813 IS: To amend the Packers and Stockyards Act, 1921, to make it unlawful for a packer to own, feed, or control livestock intended for slaughter.
U.S. Senate
2017-04-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 813IN THE SENATE OF THE UNITED STATESApril 4, 2017Mr. Grassley introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryA BILLTo amend the Packers and Stockyards Act, 1921, to make it unlawful for a packer to own, feed, or
			 control livestock intended for slaughter.

		1.Prohibition on packers owning, feeding, or
			 controlling livestock
 (a)In generalSection 202 of the Packers and Stockyards Act, 1921 (7 U.S.C. 192), is amended—
 (1)by redesignating subsections (f) and (g) as subsections (g) and (h), respectively;
 (2)by inserting after subsection (e) the following:

 (f)Own or feed livestock directly, through a subsidiary, or through an arrangement that gives the packer operational, managerial, or supervisory control over the livestock, or over the farming operation that produces the livestock, to such an extent that the producer is no longer materially participating in the management of the operation with respect to the production of the livestock, except that this subsection shall not apply to—
 (1)an arrangement entered into within 7 days (excluding any Saturday or Sunday) before slaughter of the livestock by a packer, a person acting through the packer, or a person that directly or indirectly controls, or is controlled by or under common control with, the packer;
 (2)a cooperative or entity owned by a cooperative, if a majority of the ownership interest in the cooperative is held by active cooperative members that—
 (A)own, feed, or control livestock; and (B)provide the livestock to the cooperative for slaughter;
 (3)a packer that is not required to report to the Secretary on each reporting day (as defined in section 212 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635a)) information on the price and quantity of livestock purchased by the packer; or
 (4)a packer that owns 1 livestock processing plant; or; and
 (3)in subsection (h) (as redesignated by paragraph (1)), by striking or (e) and inserting (e), or (f). (b)Effective date (1)In generalSubject to paragraph (2), the amendments made by subsection (a) take effect on the date of enactment of this Act.
 (2)Transition rulesIn the case of a packer that on the date of enactment of this Act owns, feeds, or controls livestock intended for slaughter in violation of section 202(f) of the Packers and Stockyards Act, 1921 (as amended by subsection (a)), the amendments made by subsection (a) apply to the packer—
 (A)in the case of a packer of swine, beginning on the date that is 18 months after the date of enactment of this Act; and
 (B)in the case of a packer of any other type of livestock, beginning as soon as practicable, but not later than 180 days, after the date of enactment of this Act, as determined by the Secretary of Agriculture.


		I
		112th CONGRESS
		2d Session
		H. R. 5157
		IN THE HOUSE OF REPRESENTATIVES

			April 27, 2012
			Ms. Zoe Lofgren of
			 California (for herself, Ms. Loretta
			 Sanchez of California, Mr.
			 Wolf, Mr. Connolly of
			 Virginia, and Mrs. Davis of
			 California) introduced the following bill; which was referred to
			 the Committee on Ways and
			 Means

		A BILL
		To prohibit the designation of Vietnam under title V of
		  the Trade Act of 1974.

		1.Short titleThis Act may be cited as the
			 Fostering Rights through Economic
			 Engagement in Vietnam Act or
			 FREE Vietnam Act
			 .
		2.Prohibition on
			 designation of Vietnam under title V of the Trade Act of 1974
			(a)In
			 generalSection 502(b) of the
			 Trade Act of 1974 (19 U.S.C. 2462(b)) is amended by adding at the end the
			 following:

					(3)Vietnam
						(A)In
				generalIn addition to the
				countries listed in paragraph (1), Vietnam may not be designated as a
				beneficiary developing country for purposes of this title unless the President
				submits to Congress a certification described in subparagraph (B).
						(B)CertificationA
				certification referred to in subparagraph (A) is a certification that contains
				a determination of the President that—
							(i)Vietnam is not on the special watch list
				under section 110(b)(3)(A) of the Trafficking Victims Protection Act of 2000
				(22 U.S.C. 7107(b)(3)(A));
							(ii)the Government of Vietnam does not engage
				in pervasive violations of internationally-recognized human rights, including
				freedom of speech and freedom of religion; and
							(iii)Vietnam
				otherwise meets the requirements of this title.
							(C)WaiverThe
				President may waive the application of subparagraph (A) if the President
				determines and certifies to Congress that it is in the national interest of the
				United States to do
				so.
						.
			(b)Effective
			 dateThe amendment made by
			 this section applies to goods entered, or withdrawn from warehouse for
			 consumption, on or after the 15th day after the date of enactment of this
			 Act.