		II
		112th CONGRESS
		1st Session
		S. 1617
		IN THE SENATE OF THE UNITED STATES

			September 22, 2011
			Mr. Reed (for himself,
			 Mr. Johanns, Mrs. Boxer, Mr.
			 Merkley, and Mr. Franken)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To establish the Council on Healthy Housing and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Healthy Housing Council Act of
			 2011.
		2.FindingsCongress finds the following:
			(1)In the United
			 States—
				(A)5,757,000
			 households live in homes with moderate or severe physical hazards;
				(B)23,000,000 homes
			 have significant lead-based paint hazards;
				(C)6,000,000 homes
			 have had signs of mice in the last 3 months; and
				(D)1 in 15 homes
			 have dangerous levels of radon.
				(2)Residents of
			 housing that is poorly designed, constructed, or maintained are at risk for
			 cancer, carbon monoxide poisoning, burns, falls, rodent bites, childhood lead
			 poisoning, asthma, and other illnesses and injuries. Vulnerable subpopulations,
			 such as children and the elderly, are at elevated risk for housing-related
			 illnesses and injuries.
			(3)Because
			 substandard housing typically poses the greatest risks, the disparities in the
			 distribution of housing-related health hazards are striking. One million two
			 hundred thousand housing units with significant lead-based paint hazards house
			 low-income families with children under 6 years of age.
			(4)Housing-related
			 illnesses, including asthma and lead poisoning, disproportionately affect
			 children from lower-income families and from specific racial and ethnic groups.
			 The prevalence of being diagnosed with asthma in a lifetime is 24 percent among
			 Puerto Rican children, 10.1 percent for Mexican-American children, 12.4 percent
			 for non-Hispanic White children, and 21.8 percent for non-Hispanic Black
			 children. Black children are twice as likely to die from residential injuries
			 as White children, and 3 percent of Black children and 2 percent of
			 Mexican-American children have elevated blood lead levels, as compared to only
			 1.3 percent of White children.
			(5)The annual costs
			 for environmentally attributable childhood diseases in the United States,
			 including lead poisoning, asthma, and cancer, total $76,000,000,000 in 2008
			 dollars. This amount is approximately 3.5 percent of total health care
			 costs.
			(6)Appropriate
			 housing design, construction, and maintenance, timely correction of
			 deficiencies, planning efforts, and low-cost preventive measures can reduce the
			 incidence of serious injury or death, improve the ability of residents to
			 survive in the event of a major catastrophe, and contribute to overall
			 well-being and mental health. Lead hazard control in homes with lead-based
			 paint hazards can reduce children's blood lead levels by as much as 34 percent.
			 Properly installed and maintained smoke alarms reduce the risk of fire deaths
			 by 50 percent.
			(7)Providing healthy
			 housing to families and individuals in the United States will help prevent an
			 estimated 250,000 children from having elevated blood lead levels, 18,000
			 injury deaths, 12,000,000 nonfatal injuries, 3,000 deaths in house fires, 9,600
			 emergency department visits for carbon monoxide exposure, and 21,000
			 radon-associated lung cancer deaths that occur in United States housing each
			 year, as well as 12,300,000 asthma attacks, and 14,000,000 missed school
			 days.
			(8)While there are
			 many programs in place to address housing-related health hazards, these
			 programs are fragmented and spread across many agencies, making it difficult
			 for at-risk families and individuals to access assistance or to receive
			 comprehensive information.
			(9)Better
			 coordination among Federal agencies is needed, as is better coordination at
			 State and local levels, to ensure that families and individuals can access
			 government programs and services in an effective and efficient manner.
			3.DefinitionsIn this Act, the following definitions shall
			 apply:
			(1)CouncilThe
			 term Council means the Interagency Council on Healthy Housing
			 established under section 4.
			(2)Healthy
			 housingThe term healthy housing means housing that
			 is designed, constructed, rehabilitated, and maintained in a manner that
			 supports the health of the occupants of such housing.
			(3)HousingThe
			 term housing means any form of residence, including rental
			 housing, homeownership, group home, or supportive housing arrangement.
			(4)Housing-related
			 health hazardThe term housing-related health hazard
			 means any biological, physical, or chemical source of exposure or condition
			 either in, or immediately adjacent to, housing, that can adversely affect human
			 health.
			(5)Low-income
			 families and individualsThe term low-income families and
			 individuals means any household or individual with an income at or below
			 200 percent of the Federal poverty line.
			(6)Poverty
			 lineThe term poverty line means the official
			 poverty line defined by the Office of Management and Budget based on the most
			 recent data available from the Bureau of the Census.
			(7)ProgramThe
			 term program includes any Federal, State, or local program
			 providing housing or financial assistance, health care, mortgages, bond and tax
			 financing, homebuyer support courses, financial education, mortgage insurance
			 or loan guarantees, housing counseling, supportive services, energy assistance,
			 or other assistance related to healthy housing.
			(8)ServiceThe
			 term service includes public and environmental health services,
			 housing services, energy efficiency services, human services, and any other
			 services needed to ensure that families and individuals in the United States
			 have access to healthy housing.
			4.Interagency
			 council on healthy housing
			(a)EstablishmentThere
			 is established in the executive branch an independent council to be known as
			 the Interagency Council on Healthy Housing.
			(b)ObjectivesThe
			 objectives of the Council are as follows:
				(1)To promote the
			 supply of and demand for healthy housing in the United States through capacity
			 building, technical assistance, education, and public policy.
				(2)To promote
			 coordination and collaboration among the Federal departments and agencies
			 involved with housing, public health, energy efficiency, emergency preparedness
			 and response, and the environment to improve services for families and
			 individuals residing in inadequate or unsafe housing and to make
			 recommendations about needed changes in programs and services with an emphasis
			 on—
					(A)maximizing the
			 impact of existing programs and services by transitioning the focus of such
			 programs and services from categorical approaches to comprehensive approaches
			 that consider and address multiple housing-related health hazards;
					(B)reducing or
			 eliminating areas of overlap and duplication in the provision and accessibility
			 of such programs and services;
					(C)ensuring that
			 resources, including assistance with capacity building, are targeted to and
			 sufficient to meet the needs of high-risk communities, families, and
			 individuals; and
					(D)facilitating
			 access by families and individuals to programs and services that help reduce
			 health hazards in housing.
					(3)To identify
			 knowledge gaps, research needs, and policy and program deficiencies associated
			 with inadequate housing conditions and housing-related illnesses and
			 injuries.
				(4)To help identify
			 best practices for achieving and sustaining healthy housing.
				(5)To help improve
			 the quality of existing and newly constructed housing and related programs and
			 services, including those programs and services which serve low-income families
			 and individuals.
				(6)To establish an
			 ongoing system of coordination among and within such agencies or organizations
			 so that the healthy housing needs of families and individuals are met in a more
			 effective and efficient manner.
				(c)MembershipThe
			 Council shall be composed of the following members:
				(1)The Secretary of
			 Health and Human Services.
				(2)The Secretary of
			 Housing and Urban Development.
				(3)The Administrator
			 of the Environmental Protection Agency.
				(4)The Secretary of
			 Energy.
				(5)The Secretary of
			 Labor.
				(6)The Secretary of
			 Veterans Affairs.
				(7)The Secretary of
			 the Treasury.
				(8)The Secretary of
			 Agriculture.
				(9)The Secretary of
			 Education.
				(10)The head of any
			 other Federal agency as the Council considers appropriate.
				(11)Six additional
			 non-Federal employee members, as appointed by the President to serve terms not
			 to exceed 2 years, of whom—
					(A)1 shall be a
			 State or local Government Director of Health or the Environment;
					(B)1 shall be a
			 State or local Government Director of Housing or Community Development;
					(C)2 shall represent
			 nonprofit organizations involved in housing or health issues; and
					(D)2 shall represent
			 for-profit entities involved in the housing, banking, or health insurance
			 industries.
					(d)Co-ChairpersonsThe
			 co-Chairpersons of the Council shall be the Secretary of Housing and Urban
			 Development and the Secretary of Health and Human Services.
			(e)Vice
			 chairEvery 2 years, the Council shall elect a Vice Chair from
			 among its members.
			(f)MeetingsThe
			 Council shall meet at the call of either co-Chairperson or a majority of its
			 members at any time, and no less often than annually.
			5.Functions of the
			 council
			(a)Relevant
			 activitiesIn carrying out the objectives described in section
			 4(b), the Council shall—
				(1)review Federal
			 programs and services that provide housing, health, energy, or environmental
			 services to families and individuals;
				(2)monitor,
			 evaluate, and recommend improvements in programs and services administered,
			 funded, or financed by Federal, State, and local agencies to assist families
			 and individuals in accessing healthy housing and make recommendations about how
			 such agencies can better work to meet the healthy housing and related needs of
			 low-income families and individuals; and
				(3)recommend ways
			 to—
					(A)reduce
			 duplication among programs and services by Federal agencies that assist
			 families and individuals in meeting their healthy housing and related service
			 needs;
					(B)ensure
			 collaboration among and within agencies in the provision and availability of
			 programs and services so that families and individuals are able to easily
			 access needed programs and services;
					(C)work with States
			 and local governments to better meet the needs of families and individuals for
			 healthy housing by—
						(i)holding meetings
			 with State and local representatives; and
						(ii)providing
			 ongoing technical assistance and training to States and localities in better
			 meeting the housing-related needs of such families and individuals;
						(D)identify best
			 practices for programs and services that assist families and individuals in
			 accessing healthy housing, including model—
						(i)programs linking
			 housing, health, environmental, human, and energy services;
						(ii)housing and
			 remodeling financing products offered by government, quasi-government, and
			 private sector entities;
						(iii)housing and
			 building codes and regulatory practices;
						(iv)existing and new
			 consensus specifications and work practices documents;
						(v)capacity building
			 and training programs that help increase and diversify the supply of
			 practitioners who perform assessments of housing-related health hazards and
			 interventions to address housing-related health hazards; and
						(vi)programs that
			 increase community awareness of, and education on, housing-related health
			 hazards and available assessments and interventions;
						(E)develop a
			 comprehensive healthy housing research agenda that considers health, safety,
			 environmental, and energy factors, to—
						(i)identify
			 cost-effective assessments and treatment protocols for housing-related health
			 hazards in existing housing;
						(ii)establish links
			 between housing hazards and health outcomes;
						(iii)track
			 housing-related health problems including injuries, illnesses, and
			 death;
						(iv)track housing
			 conditions that may be associated with health problems;
						(v)identify
			 cost-effective protocols for construction of new healthy housing; and
						(vi)identify
			 replicable and effective programs or strategies for addressing housing-related
			 health hazards;
						(4)hold biannual
			 meetings with stakeholders and other interested parties in a location
			 convenient for such stakeholders, or hold open Council meetings, to receive
			 input and ideas about how to best meet the healthy housing needs of families
			 and individuals;
				(5)maintain an
			 updated website of policies, meetings, best practices, programs and services,
			 making use of existing websites as appropriate, to keep people informed of the
			 activities of the Council; and
				(6)work with member
			 agencies to collect and maintain data on housing-related health hazards,
			 illnesses, and injuries so that all data can be accessed in 1 place and to
			 identify and address unmet data needs.
				(b)Reports
				(1)By
			 membersEach year the head of each agency who is a member of the
			 Council shall prepare and transmit to the Council a report that briefly
			 summarizes—
					(A)each healthy
			 housing-related program and service administered by the agency and the number
			 of families and individuals served by each program or service, the resources
			 available in each program or service, and a breakdown of where each program and
			 service can be accessed;
					(B)the barriers and
			 impediments, including statutory or regulatory, to the access and use of such
			 programs and services by families and individuals, with particular attention to
			 the barriers and impediments experienced by low-income families and
			 individuals;
					(C)the efforts made
			 by the agency to increase opportunities for families and individuals, including
			 low-income families and individuals, to reside in healthy housing, including
			 how the agency is working with other agencies to better coordinate programs and
			 services; and
					(D)any new data
			 collected by the agency relating to the healthy housing needs of families and
			 individuals.
					(2)By the
			 councilEach year, the Council shall prepare and transmit to the
			 President and the Congress, a report that—
					(A)summarizes the
			 reports required in paragraph (1);
					(B)utilizes recent
			 data to assess the nature of housing-related health hazards, and associated
			 illnesses and injuries, in the United States;
					(C)provides a
			 comprehensive and detailed description of the programs and services of the
			 Federal Government in meeting the needs and problems described in subparagraph
			 (B);
					(D)describes the
			 activities and accomplishments of the Council in working with Federal, State,
			 and local governments, nonprofit organizations and for-profit entities in
			 coordinating programs and services to meet the needs described in subparagraph
			 (B) and the resources available to meet those needs;
					(E)assesses the
			 level of Federal assistance required to meet the needs described in
			 subparagraph (B); and
					(F)makes
			 recommendations for appropriate legislative and administrative actions to meet
			 the needs described in subparagraph (B) and for coordinating programs and
			 services designed to meet those needs.
					6.Powers of the
			 council
			(a)HearingsThe
			 Council may hold such hearings, sit and act at such times and places, take such
			 testimony, and receive such evidence as the Council considers advisable to
			 carry out the purposes of this Act.
			(b)Information
			 from agenciesAgencies which are represented on the Council shall
			 provide all requested information and data to the Council as requested.
			(c)Postal
			 servicesThe Council may use the United States mails in the same
			 manner and under the same conditions as other departments and agencies of the
			 Federal Government.
			(d)Contracts and
			 interagency agreementsThe Council may enter into contracts with
			 State, Tribal, and local governments, public agencies and private-sector
			 entities, and into interagency agreements with Federal agencies. Such contracts
			 and interagency agreements may be single-year or multi-year in duration.
			7.Council
			 personnel matters
			(a)Staff
				(1)Executive
			 DirectorThe Council shall appoint an Executive Director at its
			 initial meeting. The Executive Director shall be compensated at a rate not to
			 exceed the rate of basic pay payable for level V of the Executive Schedule
			 under section 5316 of title 5, United States Code.
				(2)CompensationWith
			 the approval of the Council, the Executive Director may appoint and fix the
			 compensation of such additional personnel as the Executive Director considers
			 necessary to carry out the duties of the Council, except that the rate of pay
			 for any such additional personnel may not exceed the rate of basic pay payable
			 for level V of the Executive Schedule under section 5316 of such title.
				(b)Temporary and
			 intermittent servicesIn carrying out its objectives, the
			 Executive Director with the approval of the Council, may procure temporary and
			 intermittent services of consultants and experts under section 3109(b) of title
			 5, United States Code, at rates for individuals which do not exceed the daily
			 equivalent of the annual rate of basic pay payable for level V of the Executive
			 Schedule under section 5316 of such title.
			(c)Detail of
			 Government employeesUpon request of the Council, any Federal
			 Government employee may be detailed to the Council with reimbursement, and such
			 detail shall be without interruption or loss of civil service status or
			 privilege.
			(d)Administrative
			 supportThe Secretary of Housing and Urban Development shall
			 provide the Council with such administrative (including office space) and
			 support services as are necessary to ensure that the Council can carry out its
			 functions in an efficient and expeditious manner.
			8.Authorization of
			 appropriations
			(a)In
			 generalThere are authorized
			 to be appropriated to carry out this Act, $750,000 for each of fiscal years
			 2012 through 2016.
			(b)AvailabilityAmounts
			 authorized to be appropriated by subsection (a) shall remain available for the
			 2 fiscal years following such appropriation.


116 HR 8044 IH: Supporting Early-Career Researchers Act
U.S. House of Representatives
2020-08-14
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.

I116th CONGRESS2d SessionH. R. 8044IN THE HOUSE OF REPRESENTATIVESAugust 14, 2020Ms. Johnson of Texas (for herself, Mr. Lucas, Mr. Beyer, Mr. Garcia of California, Mr. Lipinski, Mr. Weber of Texas, Ms. Bonamici, Mr. Gonzalez of Ohio, Mr. Tonko, and Mr. Cohen) introduced the following bill; which was referred to the Committee on Science, Space, and TechnologyA BILLTo forestall the loss of research talent by establishing a temporary early career research fellowship program.1.Short titleThis Act may be cited as the Supporting Early-Career Researchers Act.2.FindingsCongress finds the following:(1)The Nation’s universities and industrial research labs are facing unprecedented budget pressure as part of the COVID–19 health crisis, resulting in considerably fewer openings for research and teaching positions.(2)Emergency funding is needed to forestall the loss of research talent likely to occur if early-career researchers are forced to seek employment outside of research due to the sharp economic decline caused by the COVID–19 health crisis.3.Early-career research fellowship program(a)In generalThe Director of the National Science Foundation may establish a 2-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at the institution of higher education chosen by such investigator, to last for a period not greater than 2 years. (b)Institution of higher education definedThe term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). 4.Authorization of appropriationsThere is authorized to be appropriated to the Director of the National Science Foundation $250,000,000 for each of fiscal years 2021 through 2022 to carry out the activities in this Act.


113 HR 1266 IH: To amend title 40, United States Code, concerning the calculation of transactions for the lease of land ports of entry and international bridges, and for other purposes.
U.S. House of Representatives
2013-03-19
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
		1st Session
		H. R. 1266
		IN THE HOUSE OF REPRESENTATIVES

			March 19, 2013
			Mr. Owens introduced
			 the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure, and in addition to the
			 Committee on the Budget,
			 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 title 40, United States Code, concerning the
		  calculation of transactions for the lease of land ports of entry and
		  international bridges, and for other purposes.

		1.Land ports of entry and
			 international bridgesSection
			 3307 of title 40, United States Code, is amended by adding at the end the
			 following:

				(i)Land ports of
				entry and international bridges
					(1)LeasesThe Administrator is authorized to enter
				into contracts for the lease of a covered facility and its site for periods of
				not to exceed 30 years.
					(2)Calculation of
				transactionsFor purposes of
				the Balanced Budget and Emergency Deficit Control Act of 1985, the
				Congressional Budget Act of 1974, the Budget Enforcement Act of 1990, and
				scorekeeping guidelines, the Office of Management and Budget and the
				Congressional Budget Office shall score any contract entered into by the
				Administrator under this chapter for the lease of a covered facility and its
				site in the same manner as if the contract was entered into on September 30,
				1990.
					(3)Analysis of
				transactions
						(A)Analysis
				required before leases or direct purchases or constructionBefore
				entering into a contract for the lease of a covered facility or directly
				purchasing or constructing a covered facility, the Administrator shall transmit
				to Congress a report containing an analysis of the cost effectiveness of
				leasing the covered facility as compared to directly purchasing or constructing
				the covered facility.
						(B)Limitation on
				direct purchases and constructionThe Administrator may not
				directly purchase or construct a covered facility if the Administrator
				determines under subparagraph (A) that leasing the covered facility is more
				cost effective.
						(4)DefinitionsIn this subsection, the following
				definitions apply:
						(A)Covered
				facilityThe term covered facility means a land port
				of entry or international bridge.
						(B)LeaseThe
				term lease includes a lease purchase.
						.


		II
		111th CONGRESS
		1st Session
		S. 1192
		IN THE SENATE OF THE UNITED STATES

			June 4, 2009
			Mr. Wyden (for himself,
			 Ms. Snowe, Mrs.
			 Murray, Mr. Menendez,
			 Mrs. Gillibrand,
			 Mr. Ensign, and Mr. McCain) introduced the following bill; which was
			 read twice and referred to the Committee
			 on Finance

		A BILL
		To restrict any State or local jurisdiction from imposing
		  a new discriminatory tax on mobile wireless communications services, providers,
		  or property.

		1.Short titleThis Act may be cited as the
			 Mobile Wireless Tax Fairness Act of
			 2009.
		2.FindingsCongress finds the following:
			(1)It is appropriate
			 to exercise congressional enforcement authority under section 5 of the 14th
			 amendment to the Constitution of the United States and Congress’ plenary power
			 under article I, section 8, clause 3 of the Constitution of the United States
			 (commonly known as the commerce clause) in order to ensure that
			 States and political subdivisions thereof do not discriminate against providers
			 and consumers of mobile services by imposing new selective and excessive taxes
			 and other burdens on such providers and consumers.
			(2)In light of the
			 history and pattern of discriminatory taxation faced by providers and consumers
			 of mobile services, the prohibitions against and remedies to correct
			 discriminatory State and local taxation in section 306 of the Railroad
			 Revitalization and Regulatory Reform Act of 1976 (49 U.S.C. 11501) provide an
			 appropriate analogy for congressional action, and similar Federal legislative
			 measures are warranted that will prohibit imposing new discriminatory taxes on
			 providers and consumers of mobile services and that will assure an effective,
			 uniform remedy.
			3.Moratorium
			(a)In
			 generalNo State or local jurisdiction shall impose a new
			 discriminatory tax on or with respect to mobile services, mobile service
			 providers, or mobile service property, during the 5-year period beginning on
			 the date of the enactment of this Act.
			(b)DefinitionsIn
			 this Act:
				(1)Mobile
			 serviceThe term mobile service means commercial
			 mobile radio service, as such term is defined in section 20.3 of title 47, Code
			 of Federal Regulations, as in effect on the date of the enactment of this Act,
			 or any other service that is primarily intended for receipt on, transmission
			 from, or use with a mobile telecommunications device, including the receipt of
			 a digital good.
				(2)Mobile service
			 propertyThe term mobile service property means all
			 property used by a mobile service provider in connection with its business of
			 providing mobile services, whether real, personal, tangible, or intangible and
			 includes goodwill, licenses, customer lists, and other similar intangible
			 property associated with such business.
				(3)Mobile service
			 providerThe term mobile service provider means any
			 entity that sells or provides mobile services, but only with respect to the
			 portion of such entity's trade or business that sells or provides such
			 services.
				(4)New
			 discriminatory taxThe term new discriminatory tax
			 means any tax imposed by a State or local jurisdiction that—
					(A)is imposed on or
			 with respect to, or is measured by the charges, receipts, or revenues from or
			 value of—
						(i)any
			 mobile service and is not generally imposed, or is generally imposed at a lower
			 rate, on or with respect to, or measured by the charges, receipts, or revenues
			 from, other services or transactions involving tangible personal
			 property;
						(ii)any
			 mobile service provider and is not generally imposed, or is generally imposed
			 at a lower rate, on other persons that are engaged in businesses other than the
			 provision of mobile services; or
						(iii)any mobile
			 service property and is not generally imposed, or is generally imposed at a
			 lower rate, on or with respect to, or measured by the value of, other property
			 that is devoted to a commercial or industrial use and subject to a property tax
			 levy, except public utility property owned by a public utility subject to rate
			 of return regulation by a State or Federal regulatory authority; and
						(B)was not generally
			 imposed and actually enforced on mobile services, mobile service providers, or
			 mobile service property prior to the date of the enactment of this Act.
					(5)State or local
			 jurisdictionThe term State or local jurisdiction
			 means any of the several States, the District of Columbia, any territory or
			 possession of the United States, a political subdivision of any State,
			 territory, or possession, or any governmental entity or person acting on behalf
			 of such State, territory, possession, or subdivision and with the authority to
			 assess, impose, levy, or collect taxes or fees.
				(6)Tax
					(A)In
			 generalThe term tax means any charge imposed by any
			 governmental entity for the purpose of generating revenues for governmental
			 purposes, and is not a fee imposed on an individual entity or class of entities
			 for a specific privilege, service, or benefit conferred exclusively on such
			 entity or class of entities.
					(B)ExclusionThe
			 term tax does not include any fee or charge—
						(i)used
			 to preserve and advance Federal universal service or similar State programs
			 authorized by section 254 of the Communications Act of 1934 (47 U.S.C. 254);
			 or
						(ii)specifically
			 dedicated by a State or local jurisdiction for the support of E–911
			 communications systems.
						(c)Rules of
			 construction
				(1)DeterminationFor
			 purposes of subsection (b)(4), all taxes, tax rates, exemptions, deductions,
			 credits, incentives, exclusions, and other similar factors shall be taken into
			 account in determining whether a tax is a new discriminatory tax.
				(2)Application of
			 principlesExcept as otherwise provided in this Act, in
			 determining whether a tax on mobile service property is a new discriminatory
			 tax for purposes of subsection (b)(4)(A)(iii), principles similar to those set
			 forth in section 306 of the Railroad Revitalization and Regulatory Reform Act
			 of 1976 (49 U.S.C. 11501) shall apply.
				(3)ExclusionsNotwithstanding
			 any other provision of this Act—
					(A)the term
			 generally imposed as used in subsection (b)(4) shall not apply to
			 any tax imposed only on—
						(i)specific
			 services;
						(ii)specific
			 industries or business segments; or
						(iii)specific types
			 of property; and
						(B)the term new
			 discriminatory tax shall not include a new tax or the modification of an
			 existing tax that—
						(i)replaces one or
			 more taxes that had been imposed on mobile services, mobile service providers,
			 or mobile service property; and
						(ii)is
			 designed so that, based on information available at the time of the enactment
			 of such new tax or such modification, the amount of tax revenues generated
			 thereby with respect to such mobile services, mobile service providers, or
			 mobile service property is reasonably expected not to exceed the amount of tax
			 revenues that would have been generated by the respective replaced tax or taxes
			 with respect to such mobile services, mobile service providers, or mobile
			 service property.
						4.Enforcement
			(a)In
			 generalNotwithstanding any provision of section 1341 of title
			 28, United States Code, or the constitution or laws of any State, the district
			 courts of the United States shall have jurisdiction, without regard to amount
			 in controversy or citizenship of the parties, to grant such mandatory or
			 prohibitive injunctive relief, interim equitable relief, and declaratory
			 judgments as may be necessary to prevent, restrain, or terminate any acts in
			 violation of this Act, provided that:
				(1)JurisdictionSuch
			 jurisdiction shall not be exclusive of the jurisdiction which any Federal or
			 State court may have in the absence of this section.
				(2)Burden of
			 proofThe burden of proof in any proceeding brought under this
			 Act shall be upon the party seeking relief and shall be by a preponderance of
			 the evidence on all issues of fact.
				(3)ReliefIn
			 granting relief against a tax which is discriminatory or excessive under this
			 Act with respect to tax rate or amount only, the court shall prevent, restrain,
			 or terminate the imposition, levy, or collection of not more than the
			 discriminatory or excessive portion of the tax as determined by the
			 court.


117 HR 4871 IH: Expanding Broadcast Ownership Opportunities Act of 2021
U.S. House of Representatives
2021-07-30
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.

I117th CONGRESS1st SessionH. R. 4871IN THE HOUSE OF REPRESENTATIVESJuly 30, 2021Mr. Butterfield (for himself and Mr. Horsford) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 concernedA BILLTo direct the Federal Communications Commission to take certain actions to increase diversity of ownership in the broadcasting industry, and for other purposes.1.Short titleThis Act may be cited as the Expanding Broadcast Ownership Opportunities Act of 2021.2.FindingsCongress finds the following:(1)One of the main missions of the Federal Communications Commission, and a compelling governmental interest, is to ensure that there is a diversity of ownership and viewpoints in the broadcasting industry.(2)The Commission should continue to collect relevant data and conduct studies on such diversity, adopt improvements to the data collection and studies, and make appropriate recommendations to Congress on how to increase the number of minority- and women-owned broadcast stations.(3)Data from 2017 shows that, of the nearly 1,700 full-power commercial broadcast television stations in the United States, less than 6 percent are owned by women, and less than 3 percent are minority-owned. With respect to the nearly 5,500 full-power commercial broadcast radio stations, women owned approximately 7 percent of FM broadcast radio stations, and minorities owned less than 3 percent of such stations.(4)Women and minority ownership is 5 to 10 times higher in other industries than in the broadcasting industry.(5)During the 17 years that a minority tax certificate program was in place at the Commission (from 1978 to 1995), the Commission issued 287 certificates for radio stations and 40 certificates for television stations.3.FCC reports to Congress(a)Biennial report containing recommendations for increasing number of minority- and women-Owned broadcast stationsNot later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report containing recommendations for how to increase the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women.(b)Biennial report on number of minority- and women-Owned broadcast stationsNot later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report that states the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women.4.Tax certificate program for broadcast station transactions furthering ownership by socially disadvantaged individuals(a)Requirements for issuance of certificate by FCC(1)In generalPart I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following:344.Tax certificate program for broadcast station transactions furthering ownership by socially disadvantaged individuals(a)Issuance of certificate by CommissionUpon application by a person who engages in a sale of an interest in a broadcast station described in subsection (b), subject to the rules adopted by the Commission under subsection (c), the Commission shall issue to such person a certificate stating that such sale meets the requirements of this section.(b)Sales describedThe sales described in this subsection are the following:(1)Sale resulting in or preserving ownership and control by socially disadvantaged individualsA sale of an interest in a broadcast station if, immediately following the sale, the station is owned and controlled by socially disadvantaged individuals (regardless of whether the station was owned and controlled by socially disadvantaged individuals before the sale).(2)Sale by investor in station owned and controlled by socially disadvantaged individualsIn the case of a person who has contributed capital in exchange for an interest in a broadcast station that is owned and controlled by socially disadvantaged individuals, a sale by such person of some or all of such interest.(c)RulesThe Commission shall adopt rules for the issuance of a certificate under subsection (a) that provide for the following:(1)Limit on value of saleA limit on the value of an interest the sale of which qualifies for the issuance of such a certificate. The limit shall be no higher than $50,000,000.(2)Minimum holding periodIn the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned and controlled by socially disadvantaged individuals. The minimum period shall be no shorter than 2 years and no longer than 3 years.(3)Cumulative limit on number or value of salesA limit on the total number of sales or the total value of sales, or both, for which a person may be issued certificates under subsection (a).(4)Participation in station management by socially disadvantaged individualsRequirements for participation by socially disadvantaged individuals in the management of the broadcast station.(5)CertificationIn the case of a sale described in subsection (b)(1), a requirement that the buyer of the interest in the broadcast station certify, every 6 months during the minimum holding period under paragraph (2), compliance with the rules adopted under paragraphs (2) and (4). The Commission shall report a failure to make the certification required under this paragraph to the Commissioner of Internal Revenue and shall include such failure in the report to Congress under subsection (d) that covers the period during which such failure occurred.(d)Annual report to congressThe Commission shall submit to Congress an annual report describing the sales for which certificates have been issued under subsection (a) during the period covered by the report.(e)DefinitionsIn this section:(1)Owned and controlled by socially disadvantaged individualsThe term owned and controlled by socially disadvantaged individuals means, with respect to a broadcast station, that—(A)such station is at least 51 percent owned by one or more socially disadvantaged individuals, or, in the case of any publicly owned broadcast station, at least 51 percent of the voting stock of such station is owned by one or more socially disadvantaged individuals, and such individual or individuals have not conferred the right to vote such stock to another; and(B)the management and daily business operations of such station are controlled by one or more of such individuals.(2)Socially disadvantaged individualThe term socially disadvantaged individual means a woman or an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group without regard to the individual qualities of the individual..(2)Deadline for adoption of rulesThe Commission shall adopt rules to implement section 344 of the Communications Act of 1934, as added by paragraph (1), not later than 1 year after the date of the enactment of this Act.(3)Report to Congress on program expansionNot later than 6 years after the date of the enactment of this Act, the Commission shall submit to Congress a report regarding whether Congress should expand section 344 of the Communications Act of 1934, as added by paragraph (1), beyond broadcast stations to cover other entities regulated by the Commission.(4)Examination and report to Congress on nexus between diversity of ownership and diversity of viewpoint(A)ExaminationNot later than 60 days after the date of the enactment of this Act, the Commission shall initiate an examination of whether there is a nexus between diversity of ownership or control of broadcast stations (including ownership or control by members of minority groups or women, or by both members of minority groups and women) and diversity of the viewpoints expressed in the matter broadcast by broadcast stations.(B)Report to CongressNot later than 2 years after the date of the enactment of this Act, the Commission shall submit to Congress a report on the findings of the Commission in the examination under subparagraph (A), including supporting data.(b)Nonrecognition of gain or loss for tax purposes(1)In generalSubchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after part IV the following new part:VSale of Interest in Certain Broadcast StationsSec. 1071. Nonrecognition of gain or loss from sale of interest in certain broadcast stations.1071.Nonrecognition of gain or loss from sale of interest in certain broadcast stations(a)Nonrecognition of gain or lossIf a sale of an interest in a broadcast station, within the meaning of section 344 of the Communications Act of 1934, is certified by the Federal Communications Commission under such section, such sale shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033. For purposes of such section as made applicable by the provisions of this section, stock of a corporation operating a broadcast station shall be treated as property similar or related in service or use to the property so converted. The part of the gain, if any, on such sale to which section 1033 is not applied shall nevertheless not be recognized, if the taxpayer so elects, to the extent that it is applied to reduce the basis for determining gain or loss on any such sale, of a character subject to the allowance for depreciation under section 167, remaining in the hands of the taxpayer immediately after the sale, or acquired in the same taxable year. The manner and amount of such reduction shall be determined under regulations prescribed by the Secretary. Any election made by the taxpayer under this section shall be made by a statement to that effect in his return for the taxable year in which the sale takes place, and such election shall be binding for the taxable year and all subsequent taxable years.(b)Minimum holding period; continued managementIf—(1)there is nonrecognition of gain or loss to a taxpayer under this section with respect to a sale of property (determined without regard to this paragraph), and(2)the sale of the interest in the broadcast station fails to meet the requirements of the rules adopted by the Federal Communications Commission under paragraph (2), (4), or (5) of section 344(c) of the Communications Act of 1934 (as such rules are in effect on the date of such sale),there shall be no nonrecognition of gain or loss under this section to the taxpayer with respect to such sale, except that any gain or loss recognized by the taxpayer by reason of this subsection shall be taken into account as of the first date on which the sale so fails to fulfill such requirements. (c)BasisFor basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(b)..(2)Clerical amendmentThe table of parts for subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to part IV the following new item:Part V. Sale of interest in certain broadcast stations..(c)Effective dateThe amendments made by this section shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act.(d)SunsetThe amendments made by this section shall not apply with respect to sales of interests in broadcast stations after the date that is 16 years after the date of the enactment of this Act.5.DefinitionsIn this Act:(1)Broadcast stationThe term broadcast station has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).(2)CommissionThe term Commission means the Federal Communications Commission.


109 HR 552 IH: Right to Life Act
U.S. House of Representatives
2005-02-02
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
109th CONGRESS
1st Session
H. R. 552
IN THE HOUSE OF REPRESENTATIVES

February 2, 2005
Mr. Hunter (for himself, Mr. Shimkus, Mr. Kingston, Mr. Bartlett of Maryland, Mr. Tiahrt, Mr. Wicker, Mr. Smith of New Jersey, Mrs. Myrick, Mr. Tancredo, Mr. Whitfield, Mr. Doolittle, Mr. Garrett of New Jersey, Mr. Akin, Mr. Franks of Arizona, Mr. Renzi, Mrs. Jo Ann Davis of Virginia, Mr. Ryun of Kansas, Mr. King of Iowa, Mr. McCotter, Mr. Pearce, Mr. Ney, Mr. Johnson of Illinois, Mr. Neugebauer, Mr. Souder, Mr. Gingrey, Mr. Lewis of Kentucky, Mr. Jones of North Carolina, Mr. Wamp, Mr. Wilson of South Carolina, Mr. Pitts, Ms. Foxx, Mr. Chabot, Mr. Hoekstra, Mr. Hostettler, Mr. Green of Wisconsin, Mr. Gary G. Miller of California, and Mr. LaHood) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To implement equal protection under the 14th article of amendment to the Constitution for the right to life of each born and preborn human person.

1.Short titleThis Act may be cited as the Right to Life Act.
2.Right to lifeTo implement equal protection for the right to life of each born and preborn human person, and pursuant to the duty and authority of the Congress, including Congress’ power under article I, section 8, to make necessary and proper laws, and Congress’ power under section 5 of the 14th article of amendment to the Constitution of the United States, the Congress hereby declares that the right to life guaranteed by the Constitution is vested in each human being.
3.DefinitionsFor purposes of this Act:
(1)Human person; human beingThe terms human person and human being include each and every member of the species homo sapiens at all stages of life, including, but not limited to, the moment of fertilization, cloning, or other moment at which an individual member of the human species comes into being.
(2)StateThe term State used in the 14th article of amendment to the Constitution of the United States and other applicable provisions of the Constitution includes the District of Columbia, the Commonwealth of Puerto Rico, and each other territory or possession of the United States.


117 HR 724 IH: Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2021
U.S. House of Representatives
2021-02-02
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.

I117th CONGRESS1st SessionH. R. 724IN THE HOUSE OF REPRESENTATIVESFebruary 2, 2021Mr. Roy introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Federal Food, Drug, and Cosmetic Act to provide for reciprocal marketing approval of certain drugs, biological products, and devices that are authorized to be lawfully marketed abroad, and for other purposes.1.Short titleThis Act may be cited as the Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2021.2.Reciprocal marketing approval for certain drugs, biological products, and devicesThe Federal Food, Drug, and Cosmetic Act is amended by inserting after section 524A of such Act (21 U.S.C. 360n–1) the following:524B.Reciprocal marketing approval(a)In generalA covered product with reciprocal marketing approval in effect under this section is deemed to be subject to an application or premarket notification for which an approval or clearance is in effect under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable.(b)EligibilityThe Secretary shall, with respect to a covered product, grant reciprocal marketing approval if—(1)the sponsor of the covered product submits a request for reciprocal marketing approval; and(2)the request demonstrates to the Secretary’s satisfaction that—(A)the covered product is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom;(B)absent reciprocal marketing approval, the covered product is not approved or cleared for marketing, as described in subsection (a);(C)the Secretary has not, because of any concern relating to the safety or effectiveness of the covered product, rescinded or withdrawn any such approval or clearance;(D)the authorization to market the covered product in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom has not, because of any concern relating to the safety or effectiveness of the covered product, been rescinded or withdrawn;(E)the covered product is not a banned device under section 516; and(F)there is a public health or unmet medical need for the covered product in the United States.(c)Safety and effectiveness(1)In generalThe Secretary—(A)may decline to grant reciprocal marketing approval under this section with respect to a covered product if the Secretary affirmatively determines that the covered product—(i)is a drug that is not safe and effective; or(ii)is a device for which there is no reasonable assurance of safety and effectiveness; and(B)may condition reciprocal marketing approval under this section on the conduct of specified postmarket studies, which may include such studies pursuant to a risk evaluation and mitigation strategy under section 505–1.(2)Report to CongressUpon declining to grant reciprocal marketing approval under this section with respect to a covered product, the Secretary shall—(A)include the denial in a list of such denials for each month; and(B)not later than the end of the respective month, submit the list to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.(d)RequestA request for reciprocal marketing approval shall—(1)be in such form, be submitted in such manner, and contain such information as the Secretary deems necessary to determine whether the criteria listed in subsection (b)(2) are met; and(2)include, with respect to each country included in the list under section 802(b)(1) where the covered product is authorized to be lawfully marketed, as described in subsection (b)(2)(A), an English translation of the dossier issued by such country to authorize such marketing.(e)TimingThe Secretary shall issue an order granting, or declining to grant, reciprocal marketing approval with respect to a covered product not later than 30 days after the Secretary’s receipt of a request under subsection (b)(1) for the product. An order issued under this subsection shall take effect subject to Congressional disapproval under subsection (g).(f)Labeling; device classificationDuring the 30-day period described in subsection (e)—(1)the Secretary and the sponsor of the covered product shall expeditiously negotiate and finalize the form and content of the labeling for a covered product for which reciprocal marketing approval is to be granted; and(2)in the case of a device for which reciprocal marketing approval is to be granted, the Secretary shall—(A)classify the device pursuant to section 513; and(B)determine whether, absent reciprocal marketing approval, the device would need to be cleared pursuant to section 510(k) or approved pursuant to section 515 to be lawfully marketed under this Act.(g)Congressional disapproval of FDA orders(1)In generalA decision of the Secretary to decline to grant reciprocal marketing approval under this section shall not take effect if a joint resolution of disapproval of the decision is enacted.(2)Procedure(A)In generalSubject to subparagraph (B), the procedures described in subsections (b) through (g) of section 802 of title 5, United States Code, shall apply to the consideration of a joint resolution under this subsection.(B)TermsFor purposes of this subsection—(i)the reference to section 801(a)(1) in section 802(b)(2)(A) of title 5, United States Code, shall be considered to refer to subsection (c)(2); and(ii)the reference to section 801(a)(1)(A) in section 802(e)(2) of title 5, United States Code, shall be considered to refer to subsection (c)(2).(3)Effect of Congressional disapprovalReciprocal marketing approval under this section with respect to the applicable covered product shall take effect upon enactment of a joint resolution of disapproval under this subsection.(h)Applicability of relevant provisionsThe provisions of this Act shall apply with respect to a covered product for which reciprocal marketing approval is in effect to the same extent and in the same manner as such provisions apply with respect to a product for which approval or clearance of an application or premarket notification under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable, is in effect.(i)Fees for requestFor purposes of imposing fees under chapter VII, a request for reciprocal marketing approval under this section shall be treated as an application or premarket notification for approval or clearance under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable.(j)OutreachThe Secretary shall conduct an outreach campaign to encourage the sponsors of covered products that are potentially eligible for reciprocal marketing approval to request such approval.(k)Covered product definedIn this section, the term covered product means a drug, biological product, or device..


		II
		111th CONGRESS
		2d Session
		S. 3613
		IN THE SENATE OF THE UNITED STATES

			July 19, 2010
			Mr. Grassley (for
			 himself and Mr. Harkin) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Agriculture, Nutrition, and
			 Forestry

		A BILL
		To direct the Secretary of Agriculture to convey certain
		  federally owned land located in Story County, Iowa.

		1.Purposes and
			 definitions
			(a)PurposesThe purposes of this Act are—
				(1)to direct the
			 conveyance of approximately 44 acres, more or less, of federally owned land
			 administered by the Agricultural Research Service to the City of Ames, Iowa;
			 and
				(2)to authorize the
			 use of the funds derived from the conveyance to purchase replacement land and
			 for other purposes relating to the National Animal Disease Center.
				(b)DefinitionsIn this Act:
				(1)CityThe
			 term City means the City of Ames, Iowa, and its assigns.
				(2)PropertyThe
			 term Property means approximately 44 acres, more or less, of the
			 federally owned land comprising part of the National Animal Disease Center,
			 which—
					(A)was acquired by
			 the United States in 1951 within sec. 1, T. 83 N., R. 24 W., Fifth Principal
			 Meridian; and
					(B)is generally
			 located on 13th Street in the City.
					(3)SecretaryThe
			 term Secretary means the Secretary of Agriculture.
				2.Property
			 conveyance
			(a)In
			 generalOn receipt of the consideration and cost reimbursement
			 provided in this Act, the Secretary shall convey and quitclaim to the City, all
			 rights, title, and interests of the United States in the Property subject to
			 easements and rights of record and such other reservations, terms, and
			 conditions as the Secretary may prescribe.
			(b)Consideration
				(1)In
			 generalAs consideration for the conveyance authorized by this
			 Act, the City shall pay to the Secretary an amount in cash equal to the market
			 value of the Property.
				(2)Appraisal
					(A)In
			 generalTo determine the market value of the Property, the
			 Secretary shall have the Property appraised for the highest and best use of the
			 Property in conformity with the Uniform Appraisal Standards for Federal Land
			 Acquisitions developed by the Interagency Land Acquisition Conference.
					(B)RequirementsThe
			 appraisal shall be subject to review and approval by the Secretary, and the
			 approved appraisal shall at all times be the Property of the United
			 States.
					(c)CorrectionsWith
			 the agreement of the City, the Secretary may make minor corrections or
			 modifications to the legal description of the Property or configure the
			 Property to facilitate conveyance.
			(d)Costs
				(1)In
			 generalExcept as provided in paragraph (2), the City shall at
			 closing pay or reimburse the Secretary, as appropriate, for the reasonable
			 transaction and administrative costs incurred by the Secretary associated with
			 the conveyance authorized by this Act, including personnel costs directly
			 attributable to the transaction, and the transactional costs of appraisal,
			 survey, title review, hazardous substances examination, and closing
			 costs.
				(2)Attorneys’
			 feesThe City and the Secretary shall each bear their own
			 attorneys’ fees.
				(e)Hazardous
			 materials
				(1)In
			 generalFor the conveyance authorized by this Act, the Secretary
			 shall meet disclosure requirements for hazardous substances, but shall
			 otherwise not be required to remediate or abate those substances or any other
			 hazardous pollutants, contaminants, or waste that might be present on the
			 Property at the time of closing.
				(2)Lead-based
			 paint or asbestos-containing building materials
					(A)In
			 generalNotwithstanding any provision of law relating to the
			 mitigation or abatement of lead-based paint or asbestos-containing building
			 materials and except as provided in subparagraph (B), the Secretary shall not
			 be required to mitigate or abate any lead-based paint or asbestos-containing
			 building materials present on the Property at the time of closing.
					(B)RequirementsIf
			 the Property has lead-based paint or asbestos-containing building materials,
			 the Secretary shall—
						(i)provide notice to
			 the City of the presence of the lead-based paint or asbestos-containing
			 building materials; and
						(ii)obtain written
			 assurance from the City that the City will comply with applicable Federal,
			 State, and local laws relating to the management of the lead-based paint and
			 asbestos-containing building materials.
						(f)Other
			 termsThe Secretary and the City may agree on such additional
			 terms as may be mutually acceptable and that are not inconsistent with the
			 provisions of this Act.
			3.Receipts
			(a)In
			 generalThe Secretary shall deposit all funds received from the
			 conveyance authorized under this Act, including the market value consideration
			 and the reimbursement for costs, into the Treasury of the United States to be
			 credited to the appropriation for the Agricultural Research Service.
			(b)Use of
			 fundsNotwithstanding any limitation in applicable appropriation
			 Acts for the Department of Agriculture or the Agricultural Research Service,
			 all funds deposited into the Treasury pursuant to subsection (a) shall—
				(1)be available to
			 the Secretary until expended, without further appropriation, for the
			 acquisition of land and interests in land and other related purposes of the
			 National Animal Disease Center; and
				(2)be considered to
			 authorize the acquisition of land for the purposes of section 11 of the Act of
			 August 3, 1956 (7 U.S.C. 428a).


		II
		Calendar No. 118
		111th CONGRESS
		1st Session
		H. R. 80
		[Report No. 111–53]
		IN THE SENATE OF THE UNITED
		  STATES

			February 25, 2009
			Received

			March 12, 2009
			 Read twice and referred to the
			 Committee on Environment and Public
			 Works

			July 20, 2009
			Reported by Mrs. Boxer,
			 without amendment

		AN ACT
		To amend the Lacey Act Amendments of 1981
		  to treat nonhuman primates as prohibited wildlife species under that Act, to
		  make corrections in the provisions relating to captive wildlife offenses under
		  that Act, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Captive Primate Safety
			 Act.
		2.Addition of
			 nonhuman primates to definition of prohibited wildlife speciesSection 2(g) of the Lacey Act Amendments of
			 1981 (16 U.S.C. 3371(g)) is amended by inserting before the period at the end
			 or any nonhuman primate.
		3.Captive wildlife
			 amendments
			(a)Prohibited
			 ActsSection 3 of the Lacey Act Amendments of 1981 (16 U.S.C.
			 3372) is amended—
				(1)in subsection
			 (a)—
					(A)in paragraph
			 (2)—
						(i)in
			 subparagraph (A), by inserting or after the semicolon;
						(ii)in
			 subparagraph (B)(iii), by striking ; or and inserting a
			 semicolon; and
						(iii)by
			 striking subparagraph (C); and
						(B)in paragraph (4),
			 by inserting or subsection (e) before the period; and
					(2)in subsection
			 (e)—
					(A)by redesignating
			 paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6)
			 respectively;
					(B)by striking
			 (e) and all that follows through Subsection (a)(2)(C)
			 does not apply in paragraph (1) and inserting the following:

							(e)Captive Wildlife
				Offense
								(1)In
				generalIt is unlawful for any person to import, export,
				transport, sell, receive, acquire, or purchase in interstate or foreign
				commerce any live animal of any prohibited wildlife species.
								(2)Limitation on
				applicationThis subsection—
									(A)does not apply to
				a person transporting a nonhuman primate to or from a veterinarian who is
				licensed to practice veterinary medicine within the United States, solely for
				the purpose of providing veterinary care to the nonhuman primate, if—
										(i)the person
				transporting the nonhuman primate carries written documentation issued by the
				veterinarian, including the appointment date and location;
										(ii)the nonhuman
				primate is transported in a secure enclosure appropriate for that species of
				primate;
										(iii)the nonhuman
				primate has no contact with any other animals or members of the public, other
				than the veterinarian and other authorized medical personnel providing
				veterinary care; and
										(iv)such
				transportation and provision of veterinary care is in accordance with all
				otherwise applicable State and local laws, regulations, permits, and health
				certificates;
										(B)does not apply to
				a person transporting a nonhuman primate to a legally designated caregiver for
				the nonhuman primate as a result of the death of the preceding owner of the
				nonhuman primate, if—
										(i)the person
				transporting the nonhuman primate is carrying legal documentation to support
				the need for transporting the nonhuman primate to the legally designated
				caregiver;
										(ii)the nonhuman
				primate is transported in a secure enclosure appropriate for the
				species;
										(iii)the nonhuman
				primate has no contact with any other animals or members of the public while
				being transported to the legally designated caregiver; and
										(iv)all applicable
				State and local restrictions on such transport, and all applicable State and
				local requirements for permits or health certificates, are complied
				with;
										(C)does not apply to
				a person transporting a nonhuman primate solely for the purpose of assisting an
				individual who is permanently disabled with a severe mobility impairment,
				if—
										(i)the nonhuman
				primate is a single animal of the genus Cebus;
										(ii)the nonhuman
				primate was obtained from, and trained at, a licensed nonprofit organization
				described in section 501(c)(3) of the Internal Revenue Code of 1986 the
				nonprofit tax status of which was obtained—
											(I)before July 18,
				2008; and
											(II)on the basis that
				the mission of the organization is to improve the quality of life of severely
				mobility-impaired individuals;
											(iii)the person
				transporting the nonhuman primate is a specially trained employee or agent of a
				nonprofit organization described in clause (ii) that is transporting the
				nonhuman primate to or from a designated individual who is permanently disabled
				with a severe mobility impairment, or to or from a licensed foster care home
				providing specialty training of the nonhuman primate solely for purposes of
				assisting an individual who is permanently disabled with severe mobility
				impairment;
										(iv)the person
				transporting the nonhuman primate carries documentation from the applicable
				nonprofit organization that includes the name of the designated individual
				referred to in clause (iii);
										(v)the nonhuman
				primate is transported in a secure enclosure that is appropriate for that
				species;
										(vi)the nonhuman
				primate has no contact with any animal or member of the public, other than the
				designated individual referred to in clause (iii); and
										(vii)the
				transportation of the nonhuman primate is in compliance with—
											(I)all applicable
				State and local restrictions regarding the transport; and
											(II)all applicable
				State and local requirements regarding permits or health certificates;
				and
											(D)does not
				apply
									;
					(C)in paragraph (2)
			 (as redesignated by subparagraph (A))—
						(i)by
			 striking a before prohibited and inserting
			 any;
						(ii)by
			 striking (3) and inserting (4); and
						(iii)by
			 striking (2) and inserting (3);
						(D)in paragraph (3)
			 (as redesignated by subparagraph (A))—
						(i)in
			 subparagraph (C)—
							(I)in clauses (ii)
			 and (iii), by striking animals listed in section 2(g) each place
			 it appears and inserting prohibited wildlife species; and
							(II)in clause (iv),
			 by striking animals and inserting prohibited wildlife
			 species; and
							(ii)in
			 subparagraph (D), by striking animal each place it appears and
			 inserting prohibited wildlife species;
						(E)in paragraph (4)
			 (as redesignated by subparagraph (A)), by striking (2) and
			 inserting (3); and
					(F)in paragraph (6)
			 (as redesignated by subparagraph (A))—
						(i)by
			 striking subsection (a)(2)(C) and inserting this
			 subsection; and
						(ii)by
			 striking 2004 through 2008 and inserting 2010 through
			 2014.
						(b)Civil
			 PenaltiesSection 4(a) of the Lacey Act Amendments of 1981 (16
			 U.S.C. 3373(a)) is amended—
				(1)in paragraph (1),
			 by inserting (e), after subsections (b), (d), ;
			 and
				(2)in paragraph (1),
			 by inserting , (e), after subsection (d).
				(c)Criminal
			 PenaltiesSection 4(d) of the Lacey Act Amendments of 1981 (16
			 U.S.C. 3373(d)) is amended—
				(1)in paragraphs
			 (1)(A) and (1)(B) and in the first sentence of paragraph (2), by inserting
			 (e), after subsections (b), (d), each place it
			 appears; and
				(2)in paragraph (3),
			 by inserting , (e), after subsection (d).
				(d)Effective Date;
			 Regulations
				(1)Effective
			 dateSubsections (a) through (c) shall take effect on the earlier
			 of—
					(A)the date of the
			 issuance of regulations under paragraph (2); or
					(B)the expiration of
			 the period referred to in paragraph (2).
					(2)RegulationsThe
			 Secretary of the Interior shall issue regulations implementing the amendments
			 made by this section by not later than the end of the 180-day period beginning
			 on the date of the enactment of this Act.
				4.Applicability
			 provision amendmentSection 3
			 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108–191) is
			 amended—
			(1)in subsection (a),
			 by striking (a) In
			 General.—Section 3 and inserting Section
			 3; and
			(2)by striking
			 subsection (b).
			5.RegulationsSection 7(a) of the Lacey Act Amendments of
			 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following new
			 paragraph:

				(3)The Secretary
				shall, in consultation with other relevant Federal and State agencies, issue
				regulations to implement section
				3(e).
				.
		6.Authorizations of
			 appropriations for additional law enforcement personnelIn addition to such other amounts as are
			 authorized to carry out the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et
			 seq.), there is authorized to be appropriated to the Secretary of the Interior
			 $5,000,000 for fiscal year 2010 to hire additional law enforcement personnel of
			 the United States Fish and Wildlife Service to enforce that Act.

		July 20, 2009
		Reported without amendment