		II
		112th CONGRESS
		2d Session
		S. 3606
		IN THE SENATE OF THE UNITED STATES

			September 20, 2012
			Mrs. Gillibrand
			 introduced the following bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To establish an improved regulatory process for injurious
		  wildlife to prevent the introduction and establishment in the United States of
		  nonnative wildlife and wild animal pathogens and parasites that are likely to
		  cause harm.

		1.Short titleThis Act may be cited as the
			 Invasive Fish and Wildlife Prevention
			 Act of 2012.
		2.PurposeThe purpose of this Act is to establish an
			 improved regulatory process for injurious wildlife to prevent the introduction
			 and establishment in the United States of nonnative wildlife and wild animal
			 pathogens and parasites that are likely to cause—
			(1)economic or
			 environmental harm; or
			(2)harm to humans or
			 animal health.
			3.DefinitionsIn this Act:
			(1)Approved
			 wildlife sanctuaryThe term approved wildlife
			 sanctuary means a sanctuary that cares for wildlife species
			 that—
				(A)(i)is a corporation that is
			 exempt from taxation under section 501(a) of the Internal Revenue Code 1986 and
			 is described in sections 501(c)(3) and 170(b)(1)(A)(vi) of that Code; or
					(ii)is an educational entity;
					(B)does not
			 commercially trade in animals regulated under this Act, including offspring,
			 parts, and byproducts of those animals;
				(C)does not propagate
			 animals regulated under this Act; and
				(D)meets any
			 additional criteria that the Service determines are necessary and consistent
			 with the purpose of this Act.
				(2)Aquatic nuisance
			 species task forceThe term Aquatic Nuisance Species Task
			 Force means the Aquatic Nuisance Species Task Force established under
			 section 1201 of the Nonindigenous Aquatic Nuisance Prevention and Control Act
			 of 1990 (16 U.S.C. 4702).
			(3)FundThe
			 term Fund means the Injurious Wildlife Prevention Fund
			 established by section 16(a).
			(4)ImportThe
			 term import means to bring into, or introduce into, or attempt
			 to bring into, or introduce into, any place subject to the jurisdiction of the
			 United States, regardless of whether the bringing into or introduction
			 constitutes an importation within the meaning of the customs laws of the United
			 States.
			(5)Indian
			 tribeThe term Indian tribe has the meaning given
			 the term in section 4 of the Indian Self-Determination and Education Assistance
			 Act (25 U.S.C. 450b).
			(6)National
			 invasive species councilThe term National Invasive
			 Species Council means the National Invasive Species Council established
			 by Executive Order 13112 on February 8, 1999 (64 Fed. Reg. 6183).
			(7)NativeThe
			 term native, with respect to a wildlife taxon, means a wildlife
			 taxon that historically occurred or currently occurs in the United States,
			 other than as a result of an intentional or unintentional introduction by
			 humans.
			(8)Nonnative
			 wildlife taxon
				(A)In
			 generalThe term nonnative wildlife taxon means
			 any family, genus, species, or subspecies of live animal that is not native to
			 the United States, regardless of whether the animal was born or raised in
			 captivity.
				(B)InclusionsThe
			 term nonnative wildlife taxon includes any viable egg, sperm,
			 gamete, or other reproductive material or offspring of an animal of a family,
			 genus, species, or subspecies described in subparagraph (A).
				(C)ExclusionsThe
			 term nonnative wildlife taxon does not include—
					(i)any
			 taxon that is—
						(I)specifically
			 defined or regulated as a plant pest or approved for biological control
			 purposes under the Plant Protection Act (7 U.S.C. 7701 et seq.); or
						(II)defined or
			 regulated as a threat to livestock or poultry under the Animal Health
			 Protection Act (7 U.S.C. 8301 et seq.); or
						(ii)any
			 common and clearly domesticated species or subspecies, including—
						(I)cat (Felis
			 catus);
						(II)cattle or oxen
			 (Bos taurus);
						(III)chicken (Gallus
			 gallus domesticus);
						(IV)common canary
			 (Serinus canaria domesticus);
						(V)dog (Canis lupus
			 familiaris);
						(VI)donkey or ass
			 (Equus asinus);
						(VII)domesticated
			 members of the family Anatidae (geese);
						(VIII)duck
			 (domesticated Anas spp.);
						(IX)domesticated
			 ferret (Mustela furo);
						(X)gerbil (Meriones
			 unguiculatus);
						(XI)goat (Capra
			 aegagrus hircus);
						(XII)guinea pig or
			 Cavy (Cavia porcellus);
						(XIII)goldfish
			 (Carassius auratus auratus);
						(XIV)domesticated
			 hamsters (Cricetulus griseus, Mesocricetus auratus, Phodopus campbelli,
			 Phodopus sungorus, and Phodopus roborovskii);
						(XV)horse (Equus
			 caballus);
						(XVI)llama (Lama
			 glama);
						(XVII)mule or hinny
			 (Equus caballus x E. asinus);
						(XVIII)pig or hog
			 (Sus scrofa domestica);
						(XIX)domesticated
			 varieties of rabbit (Oryctolagus cuniculus);
						(XX)sheep (Ovis
			 aries); or
						(XXI)any other
			 species or subspecies that the Service determines to be common and clearly
			 domesticated.
						(9)PersonThe
			 term person means—
				(A)an individual,
			 corporation, partnership, trust, association, or other private entity;
				(B)any officer,
			 employee, agent, department, or instrumentality of the Federal Government, or
			 of any tribal government, or of any State, municipality, or political
			 subdivision of a State, or of any foreign government; and
				(C)any other entity
			 subject to the jurisdiction of the Federal United States.
				(10)Qualified
			 institutionThe term qualified institution means
			 an institution that is determined by the Service to be—
				(A)for scientific,
			 veterinary, or medical research or education, or a zoo or aquarium accredited
			 by the Association of Zoos and Aquariums; or
				(B)an approved
			 wildlife sanctuary.
				(11)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(12)ServiceThe
			 term Service means the United States Fish and Wildlife
			 Service.
			(13)StateThe
			 term State means—
				(A)each of the
			 several States of the United States;
				(B)the District of
			 Columbia;
				(C)the Commonwealth
			 of Puerto Rico;
				(D)Guam;
				(E)American
			 Samoa;
				(F)the Commonwealth
			 of the Northern Mariana Islands;
				(G)the Federated
			 States of Micronesia;
				(H)the Republic of
			 the Marshall Islands;
				(I)the Republic of
			 Palau; and
				(J)the United States
			 Virgin Islands.
				(14)United
			 StatesThe term United States means—
				(A)the States;
			 and
				(B)any land and
			 water, including the territorial sea and the Exclusive Economic Zone, within
			 the jurisdiction or sovereignty of the Federal Government.
				4.Proposals for
			 regulation of nonnative wildlife taxa
			(a)ProposalsAny
			 person or entity, or the Service, at the discretion of the Service, may propose
			 the regulation of, or revised regulation of, 1 or more taxa.
			(b)InformationA
			 proposal by a person or agency should include adequate information to allow the
			 Service to determine whether the taxon meets the criteria for designation as
			 Injurious I or Injurious II under section 5(a)(1)(A).
			(c)Public and
			 agency commentUpon receipt of a proposal that the Service
			 determines to be complete, and for any proposal the Service elects to prepare,
			 the Service shall publish notice of the proposal in the Federal Register and
			 provide an opportunity for at least 60 days of public comment.
			(d)DeterminationNot
			 later than 180 days after the date of publication of a proposal under
			 subsection (c), or as soon thereafter as is feasible, the Service shall make a
			 determination as to whether the proposal should be approved or
			 disapproved.
			(e)Notice of
			 determinationThe Service shall—
				(1)publish in the
			 Federal Register notice of the determination made under subsection (d);
			 and
				(2)make the basis for
			 the determination available on a publicly available Federal Internet
			 site.
				5.Scientific risk
			 assessment and risk determination regulations
			(a)Assessment and
			 determination
				(1)In
			 generalThe Secretary, acting through the Service, shall
			 promulgate regulations—
					(A)to further specify
			 the criteria for regulating a nonnative wildlife taxon as—
						(i)an
			 Injurious I taxon, which shall be a taxon—
							(I)that the Service
			 determines—
								(aa)to be
			 injurious to human beings, the interests of agriculture, horticulture, or
			 forestry, or wildlife or wildlife resources of the United States; and
								(bb)to
			 have a high degree of potential harm and is a taxon with which qualified
			 institutions have not previously had significant experience in maintaining
			 successfully in captivity and preventing escapes or releases; and
								(II)the importation
			 and transportation of which in interstate commerce shall be conducted only
			 pursuant to a permit issued under section 12 to a qualified institution;
			 or
							(ii)an
			 Injurious II taxon, which shall be a taxon—
							(I)that the Service
			 determines—
								(aa)to be
			 injurious to human beings, the interests of agriculture, horticulture, or
			 forestry, or wildlife or wildlife resources of the United States; but
								(bb)to
			 have a degree of potential for harm that is less than the degree of potential
			 harm of an Injurious I taxon or is a taxon with which qualified institutions
			 have previously had significant experience in maintaining successfully in
			 captivity and preventing escapes or releases; and
								(II)for which no
			 permit is required if the taxon is—
								(aa)imported to a
			 qualified institution;
								(bb)transported in
			 interstate commerce and intrastate commerce to and among qualified
			 institutions; or
								(cc)held
			 by a qualified institution;
								(B)to establish a
			 process for assessing and analyzing the risks of taxa that may have been, or
			 foreseeably could be, imported into, or found in interstate commerce within,
			 the United States; and
					(C)that may also
			 provide for cases in which exceptions or additions to the Injurious I taxon or
			 Injurious II taxon criteria may be necessary to address extraordinary
			 risks.
					(2)Basis,
			 availability, and reviewThe Service shall—
					(A)ensure that the
			 risk assessment and risk determination processes conducted under this section
			 are based on sound science; and
					(B)make the results
			 of each such assessment and determination available to the public.
					(3)Previously
			 listed taxaEach wildlife taxon previously designated by statute
			 or by the Secretary as injurious under section 42(a) of title 18, United States
			 Code (including under any regulation promulgated under that authority), shall,
			 after the effective date of the final regulations promulgated under this
			 subsection, be promptly designated by the Service as an Injurious I taxon or
			 Injurious II taxon under this subsection, based on a determination by the
			 Service of whether the taxon meets the criteria described in clause (i) or
			 (ii), respectively, of paragraph (1)(A).
				(4)Deadlines
					(A)Proposed
			 regulationsNot later than 1 year after the date of enactment of
			 this Act, the Secretary shall publish in the Federal Register a proposed
			 version of the regulations required under this subsection.
					(B)Final
			 regulationsNot later than 18 months after the date of enactment
			 of this Act, the Secretary shall promulgate final regulations required under
			 this subsection, including a public notification of the process for submission
			 of a proposal under section 4(a).
					(C)Additional
			 requirement of pre-import risk screening for all taxa novel to the united
			 states
						(i)In
			 generalFive years after the date of enactment of this Act, the
			 Secretary shall by regulation—
							(I)define the phrase
			 non-native wildlife taxa novel to the United States for the
			 purpose of this section; and
							(II)set forth a
			 process to ensure that all unregulated non-native wildlife taxa novel to the
			 United States are thereafter reviewed by the Service prior to allowance of
			 their importation to the United States to determine whether they should be
			 regulated under any of clause (i) or (ii) of paragraph (1)(A).
							(ii)Avoidance of
			 new incentivesIn promulgating the regulation under clause (i),
			 the Secretary shall seek to avoid creating a new incentive for animal importers
			 to import novel taxa prior to the effective date of the regulation.
						(iii)New regulation
			 for imports of taxa novel to the united statesNot later than 1
			 year after the date of promulgation of the regulation under clause (i), the
			 Secretary shall implement the regulation.
						(b)Scientific risk
			 assessmentThe regulations promulgated under subsection (a) shall
			 require consideration, in an initial scientific risk assessment of a taxon, of
			 at least—
				(1)the scientific
			 name and native range of the taxon;
				(2)whether the taxon
			 has established or spread, or caused harm to the economy, the environment, or
			 the health of other animal species in the United States or in an ecosystem
			 similar to an ecosystem in the United States;
				(3)whether
			 environmental conditions suitable for the establishment or spread of the taxon
			 exist or will exist in the United States;
				(4)the likelihood of
			 establishment and spread of the taxon;
				(5)whether the taxon
			 will cause harm to human beings, to the interests of agriculture, horticulture,
			 forestry, or to wildlife or the wildlife resources of the United States;
				(6)whether the taxon
			 will damage land, water, or facilities of the National Park System or other
			 public land;
				(7)the best available
			 scientific risk screening systems or predictive models that apply to the taxon;
			 and
				(8)other factors
			 important to assessing risks, if any, associated with the taxon, in accordance
			 with the purpose of this Act.
				(c)Risk
			 determinationPrior to designating any nonnative wildlife taxon
			 as an Injurious I taxon or Injurious II taxon under subsection (a), after
			 conducting a risk assessment, the Service shall prepare a risk determination
			 that takes into consideration—
				(1)the results of the
			 risk assessment; and
				(2)at a
			 minimum—
					(A)the capabilities
			 and any efforts of States, local governments, and Indian tribes to address the
			 risks, if any, identified by the Service with respect to the taxon, including
			 the results of any risk assessments conducted for the taxon that are available
			 to the Service;
					(B)the potential for
			 reduction, mitigation, control, and management of any risks identified;
			 and
					(C)whether any risks
			 identified already are adequately addressed under other applicable law.
					(d)Discretionary
			 analysis
				(1)In
			 generalIn preparing the risk determination for a taxon, the
			 Service may consider the economic, social, and cultural impacts of a decision
			 on whether to regulate the taxon.
				(2)Other
			 requirementsThis section shall satisfy the requirements of, and
			 apply in lieu of any other requirement to complete an analysis under, any other
			 law (including a regulation or Executive order) on economic, social, or
			 cultural impact.
				(e)Notice and
			 consultationIn promulgating regulations under subsection (a),
			 the Service shall notify and consult with, at a minimum—
				(1)affected States,
			 Indian tribes, and other stakeholders;
				(2)the Aquatic
			 Nuisance Species Task Force;
				(3)the National
			 Invasive Species Council;
				(4)the Department of
			 Agriculture;
				(5)the Centers for
			 Disease Control and Prevention; and
				(6)the National
			 Oceanic and Atmospheric Administration.
				6.Emergency
			 temporary designation
			(a)In
			 generalIf the Service determines an emergency exists because an
			 unregulated nonnative wildlife taxon poses an imminent threat of harm to
			 individuals in or wildlife of the United States, or the economy or environment
			 of the United States, the Service may immediately temporarily designate the
			 nonnative wildlife taxon as Injurious I in accordance with section
			 5(a)(1)(A)(i).
			(b)Notice of
			 temporary designationThe Service shall promptly—
				(1)publish in the
			 Federal Register notice of each temporary designation under this subsection;
			 and
				(2)make the basis for
			 the designation available on a publicly available Federal Internet site and
			 through other appropriate means.
				(c)DeterminationNot
			 later than 1 year after temporarily designating a nonnative wildlife taxon
			 using the emergency authority under this section, the Service shall—
				(1)make a final
			 determination regarding whether the taxon should be further regulated under
			 either of clause (i) or (ii) of section 5(a)(1)(A);
				(2)publish notice of
			 that final determination in the Federal Register; and
				(3)make the basis for
			 the determination available on a publicly available Federal Internet
			 site.
				(d)Limitation on
			 proceduresThe procedures under sections 4 and 5 of this Act and
			 section 553 of title 5, United States Code, shall not apply to temporary
			 designations under this section.
			(e)State
			 requestsIf the Governor of a State requests a temporary
			 emergency designation under this section, the Service shall respond promptly
			 with a written determination on the request.
			7.Information on
			 imported animals
			(a)Improved
			 informationThe Service shall—
				(1)not later than 18
			 months after the date of enactment of this Act, establish an electronic
			 database that describes, using scientific names to the species level (or
			 subspecies level, if applicable), all quantities of imports of all live
			 wildlife, and the regulatory status of the wildlife, in a form that permits
			 that information to be rapidly accessed; and
				(2)not later than 30
			 days after the date of importation of wildlife described in paragraph (1), make
			 the information described in that paragraph (other than confidential business
			 information associated with those imports that is protected under other Federal
			 law) available on a publicly available Federal Internet site.
				(b)Annual report of
			 informationNot later than 3 years after the date of enactment of
			 this Act, and not later than each April 1 thereafter, the Service shall issue,
			 including on a publicly available Federal Internet site, a report that
			 includes, at a minimum, a description of—
				(1)all nonnative
			 wildlife imported, using scientific names of the wildlife to the species or
			 subspecies level, to the extent known; and
				(2)cumulative
			 quantities of imported wildlife and the regulatory status of the
			 wildlife.
				(c)Monitoring
			 import informationIn consultation with inspection, customs, and
			 border officials in the Departments of Agriculture and Homeland Security, the
			 Service shall regularly—
				(1)monitor the
			 identities and quantities of nonnative wildlife taxa being imported, with
			 particular emphasis on wildlife newly in the import trade to the United States;
			 and
				(2)determine, to the
			 maximum extent practicable, whether the newly traded taxa would meet the
			 criteria for regulation, and should be regulated, under any of clause (i) or
			 (ii) of section 5(a)(1)(A).
				8.Injurious
			 wildlife determinations
			(a)In
			 generalImmediately upon the date of enactment of this Act, the
			 Secretary shall make more rapid determinations on proposals for regulation of
			 wildlife under section 42 of title 18, United States Code.
			(b)Streamlining of
			 determinationsIn carrying out subsection (a) and other
			 provisions of this Act, the Secretary—
				(1)shall use the best
			 available scientific risk screening systems or predictive models that apply to
			 the taxon under consideration;
				(2)shall forego
			 time-consuming optional administrative steps, unless the Secretary determines
			 the steps to be essential; and
				(3)notwithstanding
			 chapter 6, and section 804, of title 5, United States Code, may forego economic
			 impact analyses.
				9.Effect on
			 injurious wildlife provisionThis Act and the regulations promulgated
			 under this Act shall take precedence over any conflicting regulation
			 promulgated under section 42 of title 18, United States Code.
		10.Prevention of
			 wildlife pathogens and parasites
			(a)In
			 generalThe Secretary shall have the primary authority to
			 prevent, and the primary responsibility for preventing, the importation of, and
			 interstate commerce in, wildlife pathogens and harmful parasites.
			(b)Regulations
				(1)In
			 generalIn addition to regulations required under section 5(a),
			 the Secretary shall promulgate such regulations as are necessary—
					(A)to minimize the
			 likelihood of introduction or dissemination of any disease or harmful parasite
			 of native or nonnative wildlife; and
					(B)to impose any
			 additional necessary import restrictions, including management measures, health
			 certifications, quarantine requirements, specifications for conveyances,
			 holding water, and associated materials, shipment and handling requirements,
			 and other measures that the Secretary determines to be necessary—
						(i)to
			 prevent the importation of, and interstate commerce in, wildlife pathogens and
			 harmful parasites; and
						(ii)to
			 address—
							(I)a
			 particular taxon;
							(II)the place of
			 origin of a particular taxon; and
							(III)the conveyance
			 and materials associated with wildlife transport.
							(c)Relationship to
			 other authorities
				(1)In
			 generalExcept as provided in paragraph (2), the Secretary shall
			 exclude from regulation under this section any pathogen, parasite, or host
			 taxon that is—
					(A)defined or
			 regulated by the Department of Health and Human Services as a threat to humans
			 under section 361 of the Public Health Service Act (42 U.S.C. 264);
					(B)defined or
			 regulated by the Department of Agriculture as a threat to livestock or poultry
			 under the Animal Health Protection Act (7 U.S.C. 8301 et seq.); or
					(C)specifically
			 defined or regulated by the Department of Agriculture as a plant pest or
			 approved for biological control purposes under the Plant Protection Act (7
			 U.S.C. 7701 et seq.).
					(2)ExceptionThe
			 Secretary may regulate a pathogen, parasite, or host taxon described in any of
			 subparagraphs (A) through (C) of paragraph (1) to the extent that the taxon
			 also poses a wildlife disease risk.
				(d)Coordination
				(1)In
			 generalIn promulgating regulations under and otherwise carrying
			 out this section and section 7, the Secretary shall consult and coordinate
			 with—
					(A)other Federal
			 agencies and departments with authority to regulate taxa;
					(B)State wildlife
			 agencies;
					(C)State
			 veterinarians; and
					(D)other officials
			 with related authorities.
					(2)Consultation by
			 secretary of agricultureIn any case in which the Secretary of
			 Agriculture participates in the World Organization for Animal Health, the
			 Secretary of Agriculture shall confer and consult with the Secretary on any
			 matters relating to prevention of wildlife diseases that may threaten the
			 United States.
				11.Prohibitions
			(a)ProhibitionsExcept
			 as provided in this section or section 12, it shall be unlawful for any person
			 subject to the jurisdiction of the United States—
				(1)to import into the
			 United States any nonnative wildlife taxon the Service has designated as
			 Injurious I or Injurious II under section 5(a)(1)(A) or under section 6, or to
			 knowingly possess such an animal, or the descendant of such an animal, that was
			 imported in violation of this subsection;
				(2)to engage in
			 interstate commerce for any nonnative wildlife taxon described in paragraph
			 (1), or to knowingly possess such an animal, or the descendant of an animal,
			 that was transported in interstate commerce in violation of this
			 subsection;
				(3)to violate any
			 term or condition of a permit issued to a qualified institution under section
			 12 for a taxon designated as Injurious I under clause (i) of section 5(a)(1)(A)
			 or under section 6;
				(4)to release into
			 the wild any nonnative wildlife taxon described in paragraph (1);
				(5)to violate any
			 additional regulation promulgated by the Secretary as necessary to prevent the
			 importation of, and interstate commerce in, wildlife pathogens and harmful
			 parasites under this Act; or
				(6)to attempt any of
			 the prohibited actions described in paragraphs (1) through (5).
				(b)Exemption for
			 interstate transportation of animals of later-Regulated taxa
				(1)In
			 generalExcept as provided in paragraph (2), an individual animal
			 that was lawfully owned prior to the taxa to which the animal belongs being
			 regulated by the Service under this Act as Injurious II may be transported
			 interstate without a permit by any person for noncommercial purposes
			 only.
				(2)ExceptionThe
			 exemption under paragraph (1) does not apply to an animal of any taxa
			 designated by the Service as Injurious I.
				(c)Limitation on
			 Application
				(1)In
			 generalThe prohibitions in this section shall not apply
			 to—
					(A)any action by
			 Federal, State, tribal, or local law enforcement personnel to enforce this
			 section; and
					(B)any action by
			 Federal, State, tribal, or local officials to prevent the introduction or
			 establishment of nonnative wildlife, or wildlife pathogens or parasites,
			 including actions to transport, hold, and shelter animals of taxa regulated
			 under this Act.
					(2)Importation and
			 transportation by Federal agenciesNothing in this Act shall
			 restrict the importation or transportation between any States of nonnative
			 wildlife by a Federal agency for the use of the Federal agency if the nonnative
			 wildlife remains in the possession of a Federal agency.
				(d)Effective
			 dateThis section takes effect on the date that is 30 days after
			 the date of promulgation of the final regulations under section 5(a).
			12.Permits and
			 exemptions for qualified institutions and live animal transporters
			(a)PermitsThe
			 Service may issue to a qualified institution a permit authorizing any of the
			 actions otherwise prohibited under section 11 for any wildlife taxon designated
			 under clause (i) or (ii) of section 5(a)(1)(A) or under section 6.
			(b)Terms and
			 conditionsThe Service may include in a permit under subsection
			 (a) terms and conditions to minimize the risk of introduction or establishment
			 of nonnative wildlife, pathogens, and parasites in the United States.
			(c)Exemption and
			 reporting
				(1)In
			 generalNo permit shall be required for any qualified institution
			 or any live animal transportation company or other live animal transporter that
			 is in temporary possession of an animal delivering it to, or transporting it
			 from, a qualified institution, to import or transport (on an interstate or
			 intrastate basis), or possess or breed, any taxon that the Service has
			 designated as an Injurious II taxon under section 5(a)(1)(A)(ii).
				(2)ExclusionsThe
			 exemption described in paragraph (1) does not include the transfer of ownership
			 of an Injurious II taxon to any person or entity other than to another
			 qualified institution.
				(3)RecordEach
			 qualified institution or live animal transporter that imports, transports (on
			 an interstate or intrastate basis), possesses, or breeds any taxa designated as
			 Injurious II shall maintain records, subject to annual inspection by the
			 Service, at the discretion of the Service, that summarize the transactions of
			 the qualified institution or live animal transporter for the covered
			 taxa.
				(d)Regulations;
			 list of qualified institutionsThe Secretary shall—
				(1)promulgate
			 regulations to implement this section; and
				(2)maintain a current
			 roster of designated qualified institutions on a publicly available Federal
			 Internet site and through other appropriate means.
				13.User
			 fees
			(a)Definition of
			 live wildlife shipmentsIn this section, the term live
			 wildlife shipment does not include shipments made by qualified
			 institutions for scientific, veterinary, or medical research, education,
			 conservation outreach, or display purposes.
			(b)Reasonable
			 feeNot later than 2 years after the date of enactment of this
			 Act, the Secretary shall propose, and subsequently adopt, by regulation, a
			 reasonable fee to be charged on imported live wildlife shipments for use in
			 recovering a portion of the costs of—
				(1)improving the
			 information available on the importation and interstate commerce trade of
			 wildlife;
				(2)monitoring that
			 information under section 7;
				(3)conducting risk
			 assessments and risk analyses for nonnative wildlife taxa in that trade under
			 sections 4 and 5;
				(4)making emergency
			 designations under section 6; and
				(5)preventing
			 wildlife pathogens and parasites under section 10.
				(c)Cost recovery
			 purposeThe purpose of the user fees in this section shall be to
			 recover approximately 75 percent of the Service’s costs of the services it
			 undertakes listed in subsection (b), after such date as the user fee regulation
			 under subsection (b) is fully implemented and the amounts of the fees received
			 have been appropriated to the Injurious Wildlife Prevention Fund pursuant to
			 section 16(b)(2)(A) for at least one full fiscal year.
			(d)Fee
			 limitThe amount of the additional fee to be charged on any live
			 wildlife shipment under this section shall be set by the Secretary only after
			 fully considering public comments on the proposed fee regulation and it shall
			 be charged broadly and fairly across the live wildlife import industry and at
			 the lowest level feasible to achieve the cost recovery purpose in subsection
			 (c). The fees shall be set so that the annual total fee revenue shall not
			 exceed the amount of the annual total fee revenue of the fee charged by the
			 Service under the inspection program of the Service to oversee the importation
			 of live wildlife carried out pursuant to—
				(1)section 11(f) of
			 the Endangered Species Act of 1973 (16 U.S.C. 1540(f));
				(2)subpart I of part
			 14 of title 50, Code of Federal Regulations (or successor regulations);
			 and
				(3)other applicable
			 authority.
				14.Relationship to
			 State law
			(a)PurposeThe
			 general purpose of this Act is improving Federal regulation of international
			 importation and interstate commerce in injurious wildlife taxa. Possession of
			 lawfully obtained injurious wildlife taxa within a State is intended to be a
			 matter of State law and not to be Federally regulated or to require a Federal
			 permit under this Act.
			(b)In
			 generalExcept as provided in subsection (c), nothing in this
			 Act, or in the regulations and determinations to be promulgated or issued by
			 the Secretary or the Service under this Act, preempts or otherwise affects the
			 application of any State law that establishes more stringent requirements
			 for—
				(1)the importation,
			 transportation, possession, sale, purchase, release, breeding of, or bartering
			 for, or any other transaction involving, any nonnative wildlife taxon;
			 or
				(2)the prevention of
			 wildlife pathogens and harmful parasites.
				(c)Limitation on
			 Application of prohibitions To prevent releaseThe Service may
			 limit the application of this Act to facilitate implementation of any State,
			 local, or tribal program that results in voluntary surrender of regulated
			 nonnative wildlife, if the Service determines that the limitation will prevent
			 the release of that wildlife.
			15.Penalties and
			 sanctions
			(a)Civil
			 penalties
				(1)Civil
			 administrative penalties
					(A)In
			 generalAny person who is found by the Secretary, after notice
			 and opportunity for a hearing conducted in accordance with section 554 of title
			 5, United States Code, to have committed any act prohibited by section 11 shall
			 be liable to the United States for a civil penalty in an amount not to exceed
			 $10,000 for each violation.
					(B)Subpoena
			 powerFor the purposes of conducting any investigation or hearing
			 under this Act, the Secretary may—
						(i)issue subpoenas
			 for the attendance and testimony of witnesses and the production of relevant
			 papers, books, and documents; and
						(ii)administer
			 oaths.
						(2)Civil judicial
			 penaltiesAny person who violates any provision of this Act, or
			 any regulation promulgated or permit issued under this Act, shall be subject to
			 a civil penalty in an amount not to exceed $500 for each such violation.
				(b)Criminal
			 offensesAny person who knowingly violates any provision of this
			 Act, or any regulation promulgated or permit issued under this Act, shall, upon
			 conviction, be guilty of a class A misdemeanor.
			(c)Natural resource
			 damagesAll costs relating to the mitigation of injury caused by
			 a violation of this Act shall be borne by the person that violated this
			 Act.
			(d)Enforcement
				(1)Other powers and
			 authoritiesAny person authorized by the Secretary to enforce
			 this Act shall have the same authorities as are described in section 6 of the
			 Lacey Act Amendments of 1981 (16 U.S.C. 3375).
				(2)Forfeiture
					(A)In
			 generalA person who is determined to have violated any provision
			 of this Act shall forfeit to the United States—
						(i)any
			 property, real or personal, taken or retained in connection with or as a result
			 of the offense; and
						(ii)any
			 property, real or personal, used or intended to be used to commit or to
			 facilitate the commission of the offense.
						(B)Disposal of
			 propertyUpon the forfeiture to the United States of any property
			 or item described in clause (i) or (ii) of subparagraph (A), or upon the
			 abandonment or waiver of any claim to any such property or item, the property
			 or item shall be disposed of by the Secretary in a manner consistent with the
			 purpose of this Act.
					(e)Application of
			 customs lawsAll powers, rights, and duties conferred or imposed
			 by the customs laws upon any officer or employee of the Customs Service may,
			 for the purpose of this Act, be exercised or performed by the Secretary, or by
			 such officers or employees of the United States as the Secretary may
			 designate.
			16.Injurious
			 wildlife prevention fund
			(a)EstablishmentThere
			 is established in the Treasury of the United States a Fund, to be known as the
			 Injurious Wildlife Prevention Fund, to be administered by the
			 Secretary, and to be available without fiscal year limitation and subject to
			 appropriation, for use in accordance with subsection (c).
			(b)Transfers to
			 fund
				(1)In
			 generalThe Fund shall consist of such amounts as are
			 appropriated to the Fund under paragraph (2).
				(2)Fees and
			 penaltiesThere are appropriated to the Fund, out of funds of the
			 Treasury not otherwise appropriated, amounts equivalent to amounts
			 collected—
					(A)as user fees and
			 received in the Treasury under section 13(a);
					(B)as civil
			 administrative or judicial penalties under section 15; and
					(C)as a civil penalty
			 for any violation of section 42 of title 18, United States Code (including a
			 regulation promulgated under that section).
					(c)Use of
			 funds
				(1)In
			 generalOf the amounts deposited in the Fund for a fiscal
			 year—
					(A)75 percent shall
			 be available to the Secretary for use in carrying out this Act (other than
			 paragraph (2)); and
					(B)25 percent shall
			 be used by the Secretary to carry out paragraph (2).
					(2)Aid for state
			 wildlife risk assessments
					(A)In
			 generalThe Secretary shall establish a program to provide
			 natural resource assistance grants to States for use in supporting best
			 practices and capacity-building by States, consistent with the purpose of this
			 Act, for—
						(i)inspecting and
			 monitoring wildlife imports and interstate commerce; and
						(ii)conducting
			 assessments of risk associated with the intentional importation of nonnative
			 wildlife taxa.
						(B)AdministrationThe
			 program under this paragraph shall be administered by the Service under the
			 Federal Aid to States program of the Service.
					(d)ProhibitionAmounts
			 in the Fund may not be made available for any purpose other than a purpose
			 described in subsection (c).
			(e)Annual
			 reports
				(1)In
			 generalNot later than 60 days after the end of each fiscal year
			 beginning with fiscal year 2011, the Secretary shall submit to the Committee on
			 Appropriations of the House of Representatives, the Committee on Appropriations
			 of the Senate, the Committee on Environment and Public Works of the Senate, and
			 the Committee on Natural Resources of the House of Representatives a report on
			 the operation of the Fund during the fiscal year.
				(2)ContentsEach
			 report shall include, for the fiscal year covered by the report, the
			 following:
					(A)A statement of the
			 amounts deposited in the Fund.
					(B)A description of
			 the expenditures made from the Fund for the fiscal year, including the purpose
			 of the expenditures.
					(C)Recommendations
			 for additional authorities to fulfill the purpose of the Fund.
					(D)A statement of the
			 balance remaining in the Fund at the end of the fiscal year.
					(f)Separate
			 Appropriations accountSection 1105(a) of title 31, United States
			 Code, is amended—
				(1)by redesignating
			 paragraphs (35) and (36) as paragraphs (36) and (37), respectively;
				(2)by redesignating
			 the second paragraph (33) (relating to obligational authority and outlays
			 requested for homeland security) as paragraph (35); and
				(3)by adding at the
			 end the following:

						(38)a separate
				statement for the Injurious Wildlife Prevention Fund established by section
				16(a) of the Invasive Wildlife Prevention Act of 2012, which shall include the
				estimated amount of deposits in the Fund, obligations, and outlays from the
				Fund.
						.
				17.Relationship to
			 other Federal lawsNothing in
			 this Act—
			(1)repeals,
			 supersedes, or modifies any provision of—
				(A)the Public Health
			 Service Act (42 U.S.C. 201 et seq.);
				(B)the Federal Food,
			 Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);
				(C)the Plant
			 Protection Act (7 U.S.C. 7701 et seq.); or
				(D)the Animal Health
			 Protection Act (7 U.S.C. 8301 et seq.); or
				(2)authorizes any
			 action with respect to the importation of any plant pest, including a
			 biological control agent, under the Federal Plant Pest Act (7 U.S.C. 150aa et
			 seq.), to the extent that the importation is subject to regulation under that
			 Act.
			18.Requirement to
			 promulgate regulationsIn
			 addition to regulations required under section 5 and other provisions of this
			 Act, the Secretary shall promulgate such regulations as are necessary to carry
			 out this Act.


113 HR 2335 IH: Pay Your Bills or Lose Your Pay Act of 2013
U.S. House of Representatives
2013-06-12
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. 2335
IN THE HOUSE OF REPRESENTATIVES

June 12, 2013
Mr. McDermott introduced the following bill; which was referred to the Committee on House Administration

A BILL
To prohibit Members of Congress from receiving pay when the Federal Government is unable to make payments or meet obligations because the public debt limit has been reached.

1.Short titleThis Act may be cited as the Pay Your Bills or Lose Your Pay Act of 2013.
2.FindingsCongress finds the following:
(1)It is an American value to meet all obligations.
(2)A AAA credit rating is essential to the economic standing of the United States in the world.
(3)The statutory debt limit was increased—
(A)18 times during the presidency of Ronald Reagan;
(B)4 times during the presidency of George H. W. Bush;
(C)6 times during the presidency of William J. Clinton; and
(D)7 times during the presidency of George W. Bush.
(4)Section 4 of the 14th Amendment of the United States Constitution states the validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.
(5)The statutory debt limit is increased by Congress to pay financial obligations authorized by Congress.
(6)The ratings agency Moody’s has called for the public debt limit to be eliminated.
(7)The United States is one of the few nations in the world with a public debt limit.
(8)The annual budget resolution, voted on by members of the Senate and House of Representatives, specifies the appropriate level of the public debt for each fiscal year covered by the resolution.
(9)At times the statutory debt limit must be increased to honor financial obligations authorized and appropriated by Congress and the President of the United States.
(10)The credit rating agency Standard and Poor’s downgraded the credit rating of the United States for the first time in its history on August 5, 2011, citing political brinksmanship as a primary reason for its action.
(11)In July 2012, the Government Accountability Office estimated that the 2011 debt limit standoff cost taxpayers $1,300,000,000 in fiscal year 2011, and the Government Accountability Office further noted that Congress should consider ways to … avoid potential disruptions to the Treasury market and to help inform the fiscal policy debate in a timely way..
(12)In January 2013, the Bipartisan Policy Center estimated that the 10-year cost to taxpayers of the 2011 debt limit standoff is $18,900,000,000.
3.Holding salaries of Members of Congress in escrow upon failure to meet debt obligations
(a)Holding salaries in escrow
(1)In generalIf the Federal Government is unable to make payments or meet obligations because the public debt limit under section 3101 of title 31, United States Code, has been reached, during the period described in paragraph (2) the payroll administrator of each House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period.
(2)Period describedThe period described in this paragraph is the period beginning on the date on which the Federal Government is unable to make payments or meet obligations because the public debt limit under section 3101 of title 31, United States Code, has been reached, and ending on the earlier of—
(A)the date on which the House of Representatives and the Senate present a bill to the President under article I, section 7 of the Constitution of the United States, to increase the public debt limit under section 3101 of title 31, United States Code; or
(B)the last day of the One Hundred Thirteenth Congress.
(3)Withholding and remittance of amounts from payments held in escrowThe payroll administrator of each House of Congress shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under paragraph (1) that would apply to the payment if the payment were not subject to paragraph (1).
(4)Release of amounts at end of congressIn order to ensure that this section is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the 27th Amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Thirteenth Congress.
(5)Role of Secretary of the TreasuryThe Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section.
(b)Treatment of delegates as membersIn this section, the term Member includes a Delegate or Resident Commissioner to Congress.
(c)Payroll Administrator definedIn this section, the payroll administrator of a House of Congress means—
(1)in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and
(2)in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section.


110 HRES 139 EH:
U.S. House of Representatives
2007-02-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
110th CONGRESS
1st Session
H. RES. 139
In the House of Representatives, U. S.,

February 8, 2007

RESOLUTION

That the following named Members be, and are hereby, elected to the following standing committees of the House of Representatives:

Committee on House Administration:Mr. Brady of Pennsylvania, Ms. Zoe Lofgren of California, Mr. Capuano, Mr. Gonzalez, and Mrs. Davis of California.

Committee on Standards of Official Conduct:Mr. Gene Green of Texas, Ms. Roybal-Allard, Mr. Doyle, and Mr. Delahunt.

Karen L. Haas,Clerk.


116 S1552 IS: Marijuana Freedom and Opportunity Act
U.S. Senate
2019-05-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1552IN THE SENATE OF THE UNITED STATESMay 20, 2019Mr. Schumer (for himself, Ms. Duckworth, Mr. Merkley, Mr. Sanders, Ms. Warren, Mr. Wyden, Mrs. Gillibrand, and Mr. Kaine) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo decriminalize marijuana, and for other purposes.1.Short titleThis Act may be cited as the Marijuana Freedom and Opportunity Act.2.Decriminalization of marijuana(a)Marihuana removed from schedule of controlled substancesSubsection (c) of schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812) is amended—(1)by striking marihuana; and(2)by striking tetrahydrocannabinols.(b)Removal of prohibition on import and exportSection 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended—(1)in paragraph (1)—(A)in subparagraph (F), by inserting or after the semicolon;(B)by striking subparagraph (G); and(C)by redesignating subparagraph (H) as subparagraph (G);(2)in paragraph (2)—(A)in subparagraph (F), by inserting or after the semicolon;(B)by striking subparagraph (G); and(C)by redesignating subparagraph (H) as subparagraph (G);(3)in paragraph (3), by striking paragraphs (1), (2), and (4) and inserting paragraphs (1) and (2);(4)by striking paragraph (4); and(5)by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively.(c)Conforming amendments to Controlled Substances ActThe Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—(1)in section 102(44) (21 U.S.C. 802(44)), by striking marihuana,;(2)in section 401(b) (21 U.S.C. 841(b))—(A)in paragraph (1)—(i)in subparagraph (A)—(I)in clause (vi), by inserting or after the semicolon;(II)by striking (vii); and(III)by redesignating clause (viii) as clause (vii);(ii)in subparagraph (B)—(I)by striking clause (vii); and(II)by redesignating clause (viii) as clause (vii);(iii)in subparagraph (C), in the first sentence, by striking subparagraphs (A), (B), and (D) and inserting subparagraphs (A) and (B);(iv)by striking subparagraph (D);(v)by redesignating subparagraph (E) as subparagraph (D); and(vi)in subparagraph (D)(i), as so redesignated, by striking subparagraphs (C) and (D) and inserting subparagraph (C);(B)by striking paragraph (4); and(C)by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively;(3)in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by striking , marihuana,;(4)in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking , marihuana,;(5)in section 418(a) (21 U.S.C. 859(a)), by striking the last sentence;(6)in section 419(a) (21 U.S.C. 860(a)), by striking the last sentence;(7)in section 422(d) (21 U.S.C. 863(d))—(A)in the matter preceding paragraph (1), by striking marijuana,; and(B)in paragraph (5), by striking , such as a marihuana cigarette,; and(8)in section 516(d) (21 U.S.C. 886(d)), by striking section 401(b)(6) each place the term appears and inserting section 401(b)(5).(d)Other conforming amendments(1)National Forest System Drug Control Act of 1986The National Forest System Drug Control Act of 1986 (16 U.S.C. 559b et seq.) is amended—(A)in section 15002(a) (16 U.S.C. 559b(a)) by striking marijuana and other;(B)in section 15003(2) (16 U.S.C. 559c(2)) by striking marijuana and other; and(C)in section 15004(2) (16 U.S.C. 559d(2)) by striking marijuana and other.(2)Interception of communicationsSection 2516 of title 18, United States Code, is amended—(A)in subsection (1)(e), by striking marihuana,; and(B)in subsection (2) by striking marihuana,.3.Level the economic playing field(a)EstimateOn an annual basis, the Secretary of the Treasury shall make a reasonable estimate of total tax revenue generated by the marijuana industry for the previous 12-month period.(b)TransferThe Secretary of the Treasury shall transfer from the general fund of the Treasury to the trust fund established under subsection (c) the greater of—(1)an amount equal to 10 percent of the amount estimated under subsection (a); and(2)$10,000,000.(c)Trust fund(1)In generalThere is established in the Treasury of the United States a trust fund to be known as the Marijuana Opportunity Trust Fund, which shall consist of amounts transferred under subsection (b).(2)Use of amountsAmounts in the trust fund established under paragraph (1) shall be made available to the Administrator of the Small Business Administration to provide loans under section 7(m) of the Small Business Act (15 U.S.C. 636(m)) to assist—(A)small business concerns owned and controlled by women, as defined in section 3 of that Act (15 U.S.C. 632), that operate in the marijuana industry; and(B)small business concerns owned and controlled by socially and economically disadvantaged individuals, as defined in section 8(d)(3)(C) of that Act (15 U.S.C. 637(d)(3)(C)), that operate in the marijuana industry.4.Highway safety research(a)Study; developmentThe Administrator of the National Highway Traffic Safety Administration (referred to in this section as the Administrator) shall—(1)carry out a study of the impact of driving under the influence of tetrahydrocannabinol on highway safety; and(2)develop enhanced strategies and procedures to reliably determine the impairment of a driver under the influence of tetrahydrocannabinol.(b)Authorization of appropriationsThere is authorized to be appropriated to the Administrator to carry out this section $50,000,000 for each of fiscal years 2019 through 2023.5.Public health research(a)In generalThe Secretary of Health and Human Services, in consultation with the Director of the National Institutes of Health and the Commissioner of Food and Drugs, shall conduct research on the impacts of marijuana, including—(1)effects of tetrahydrocannabinol on the human brain;(2)efficacy of medicinal marijuana as a treatment for specific diseases and conditions; and(3)identification of additional medical benefits and uses of cannabis.(b)Authorization of appropriationsThere are authorized to be appropriated to the Secretary of Health and Human Services, $100,000,000 for each of fiscal years 2019 through 2023, for purposes of carrying out the activities described in subsection (a).6.Protect kidsThe Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury shall promulgate regulations that—(1)require restrictions on the advertising and promotion of products related to marijuana, if the Secretary determines that such regulation would be appropriate for the protection of the public health, taking into account—(A)the risks and benefits to the population of individuals age 18 and under, including users and nonusers of marijuana products;(B)the increased or decreased likelihood that existing users of marijuana products who are age 18 and under will stop using such products; and(C)the increased or decreased likelihood that those age 18 and under who do not use marijuana products will start using such products; and(2)impose restrictions on the advertising and promotion of products related to marijuana consistent with and to the full extent permitted by the First Amendment to the Constitution of the United States.7.Grants for expungement of marijuana convictionsThere is authorized to be appropriated to the Attorney General to award grants to States and units of local government for the purpose of administering, expanding, or developing expungement or sealing programs for convictions of possession of marijuana $20,000,000 for each of fiscal years 2019 through 2023 with not less than 50 percent of those funds being directed to cover the cost of public defenders or legal aid providers.8.Rule of constructionNothing in this Act, or an amendment made by this Act, may be construed to modify the authority of the Federal Government to prevent marijuana trafficking from States that have legalized marijuana to those that have not.


114 SRES 488 ATS: Recognizing the historical significance and the 50th anniversary of the “James H. Meredith March Against Fear”, a 220-mile walk down Highway 51 from Memphis, Tennessee, to Jackson, Mississippi.
U.S. Senate
2016-06-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		114th CONGRESS
		2d Session
		S. RES. 488
		IN THE SENATE OF THE UNITED STATES

			June 10, 2016
			Mr. Wicker (for himself, Mr. Cochran, and Mrs. Shaheen) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Recognizing the historical significance and the 50th anniversary of the James H. Meredith March
			 Against Fear, a 220-mile walk down Highway 51 from Memphis, Tennessee, to
			 Jackson, Mississippi.

 Whereas the Supreme Court of the United States, in Brown v. Board of Education, 347 U.S. 483 (1954), ruled that separating children in public schools on the basis of race violates the 14th Amendment to the Constitution of the United States;
 Whereas in the years following Brown v. Board of Education, 347 U.S. 483 (1954), some Southern States, including the State of Mississippi, continued to uphold racial segregation;
 Whereas, in 1962, the first African-American integrated the University of Mississippi (referred to in this preamble as Ole Miss);
 Whereas, in 1965, the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), which passed Congress with bipartisan support and was signed by President Lyndon Johnson, prohibited racial discrimination in voting;
 Whereas, in 1966, 4 years after integration, the first African-American student at Ole Miss planned a 220-mile march from Memphis, Tennessee, to Jackson, Mississippi (referred to in this preamble as the Meredith March Against Fear)—
 (1)to challenge the fear that dominated the day-to-day lives of African-Americans in the Southern United States, specifically in the State of Mississippi; and
 (2)to encourage the 450,000 unregistered African-Americans in the State of Mississippi to register to vote and to go to the polls;
 Whereas, on June 5, 1966, the historic Meredith March Against Fear began at the Peabody Hotel in downtown Memphis, Tennessee;
 Whereas the self-reliant and determined leader of the Meredith March Against Fear carried no food, clothing, or sleeping bag, and was joined only by a small number of African-American supporters and Whites from the North;
 Whereas on reaching the border between the States of Tennessee and Mississippi, the marchers were greeted with hostility;
 Whereas, on June 6, 1966, the Meredith March Against Fear continued south along United States Highway 51 through DeSoto County toward the town of Hernando, Mississippi;
 Whereas 150 African-American men and women greeted the marchers at the town square in Hernando, Mississippi;
 Whereas the visit of the marchers to Hernando, Mississippi, embodied the purpose of the Meredith March Against Fear, to explain [to African Americans] that the old order was passing, that they should stand up as men with nothing to fear;
 Whereas, on June 6, 1966, about 1 mile south of Hernando, Mississippi, the leader of the Meredith March Against Fear was shot 3 times by an attempted assassin;
 Whereas, on June 7, 1966, national civil rights leaders, including Dr. Martin Luther King, Jr., Floyd McKissick, and Stokely Carmichael, resumed the Meredith March Against Fear while their leader recovered from the attempted assassination;
 Whereas, over the next 3 weeks, the marchers weathered violence and tear gas, but accomplished what the Meredith March Against Fear set out to accomplish;
 Whereas voter rallies and drives along United States Highway 51 resulted in more than 4,000 African-Americans registering to vote;
 Whereas the Meredith March Against Fear featured many African-Americans defying the intimidation of hostile Whites;
 Whereas, on June 25, 1966, the leader of the Meredith March Against Fear, along with 125 allies, resumed the march from the Canton, Mississippi, courthouse, located 15 miles north of Jackson, Mississippi;
 Whereas the number of marchers doubled to approximately 250 by the time the Meredith March Against Fear reached the city limits of Canton, Mississippi;
 Whereas 1 mile north of Tougaloo College, the marchers were met by Dr. Martin Luther King, Jr., and hundreds of additional followers;
 Whereas hundreds of supporters were led through the iron-rod gate at the main entrance to the Tougaloo campus in Jackson, Mississippi;
 Whereas, on June 26, 1966, the Meredith March Against Fear concluded with a walk from Tougaloo College to the Mississippi State Capitol building in Jackson, Mississippi;
 Whereas approximately 15,000 individuals attended the climactic conclusion of the Meredith March Against Fear, making it the largest civil rights demonstration in the history of the State of Mississippi; and
 Whereas the self-sufficiency and resolve that motivated the Meredith March Against Fear made its leader a revolutionary and a powerful figure in the history of the United States: Now, therefore, be it

 That the Senate— (1)commemorates the 50th anniversary of the James H. Meredith March Against Fear;
 (2)recognizes the discipline and focus required to complete the James H. Meredith March Against Fear during the most contentious decade in the Civil Rights Movement to encourage African-Americans to defy intimidation and register voters; and
 (3)acknowledges the significance of the James H. Meredith March Against Fear.


		II
		112th CONGRESS
		2d Session
		S. 3686
		IN THE SENATE OF THE UNITED STATES

			December 17, 2012
			Mr. Kerry introduced the
			 following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend title VII of the Civil Rights Act of 1964 to
		  establish provisions with respect to religious accommodations in employment,
		  and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Workplace Religious Freedom Act of
			 2013.
		2.FindingsCongress finds the following:
			(1)In enacting title
			 VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) (referred to in
			 this Act as title VII), Congress—
				(A)recognized the
			 widespread incidence of and harm caused by religious discrimination in
			 employment;
				(B)expressly
			 intended to establish that religion is a class protected from discrimination in
			 employment, as race, color, sex, and national origin are protected classes;
			 and
				(C)recognized that,
			 absent undue hardship, a covered employer’s failure to reasonably accommodate
			 an employee’s religious practice is discrimination within the meaning of that
			 title.
				(2)Eradicating
			 religious discrimination in employment is essential to reach the goal of full
			 equal employment opportunity in the United States.
			(3)In Trans World
			 Airlines, Inc. v. Hardison, 432 U.S. 63 (1977), the Supreme Court held that an
			 employer could deny an employee’s request for religious accommodation based on
			 any burden greater than a de minimis burden on the employer, and thus narrowed
			 the scope of protection of title VII against religious discrimination in
			 employment, contrary to the intent of Congress.
			(4)As a consequence
			 of the Hardison decision and resulting appellate and trial court decisions,
			 discrimination against employees on the basis of religion in employment
			 continues to be an unfortunate and unacceptable reality.
			(5)Federal, State,
			 and local government, and private employers have a history and have established
			 a continuing pattern of discrimination in unreasonably denying religious
			 accommodations in employment, including in the areas of garb, grooming, and
			 scheduling.
			(6)Although this Act
			 addresses requests for accommodation with respect to garb, grooming, and
			 scheduling due to employees' religious practices, enactment of this Act does
			 not represent a determination that other religious accommodation requests do
			 not deserve similar attention or future resolution by Congress.
			(7)The Supreme Court
			 has held in Fitzpatrick v. Bitzer, 427 U.S. 445 (1976) that Congress has
			 clearly authorized Federal courts to award monetary damages in favor of a
			 private individual against a State government found in violation of title VII,
			 and this holding is supported by Quern v. Jordan, 440 U.S. 332 (1979).
			3.PurposesThe purposes of this Act are—
			(1)to address the
			 history and widespread pattern of discrimination by private sector employers
			 and Federal, State, and local government employers in unreasonably denying
			 religious accommodations in employment, specifically in the areas of garb,
			 grooming, and scheduling;
			(2)to provide a
			 comprehensive Federal prohibition of employment discrimination on the basis of
			 religion, including that denial of accommodations, specifically in the areas of
			 garb, grooming, and scheduling;
			(3)to confirm
			 Congress’ clear and continuing intention to abrogate States’ 11th amendment
			 immunity from claims made under title VII; and
			(4)to invoke
			 congressional powers to prohibit employment discrimination, including the
			 powers to enforce the 14th amendment, and to regulate interstate commerce
			 pursuant to section 8 of article I of the Constitution, in order to prohibit
			 discrimination on the basis of religion, including unreasonable denial of
			 religious accommodations, specifically in the areas of garb, grooming, and
			 scheduling.
			4.Amendments
			(a)DefinitionsSection
			 701(j) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(j)) is amended—
				(1)by inserting
			 (1) after (j);
				(2)in paragraph (1),
			 as so designated, by striking he is unable and inserting
			 the employer is unable, after initiating and engaging in an affirmative
			 and bona fide effort,; and
				(3)by adding at the
			 end the following:

						(2)For purposes of
				paragraph (1), with respect to the practice of wearing religious clothing or a
				religious hairstyle, or of taking time off for a religious reason, an
				accommodation of such a religious practice—
							(A)shall not be
				considered to be a reasonable accommodation unless the accommodation removes
				the conflict between employment requirements and the religious practice of the
				employee;
							(B)shall be
				considered to impose an undue hardship on the conduct of the employer's
				business only if the accommodation imposes a significant difficulty or expense
				on the conduct of the employer's business when considered in light of relevant
				factors set forth in section 101(10)(B) of the Americans with Disabilities Act
				of 1990 (42 U.S.C. 12111(10)(B)) (including accompanying regulations);
				and
							(C)shall not be
				considered to be a reasonable accommodation if the accommodation requires
				segregation of an employee from customers or the general public.
							(3)In this
				subsection:
							(A)The term
				taking time off for a religious reason means taking time off for a
				holy day or to participate in a religious observance.
							(B)The term
				wearing religious clothing or a religious hairstyle means—
								(i)wearing religious
				apparel the wearing of which is part of the observance of the religious faith
				practiced by the individual;
								(ii)wearing jewelry
				or another ornament the wearing of which is part of the observance of the
				religious faith practiced by the individual;
								(iii)carrying an
				object the carrying of which is part of the observance of the religious faith
				practiced by the individual; or
								(iv)adopting the
				presence, absence, or style of a person's hair or beard the adoption of which
				is part of the observance of the religious faith practiced by the
				individual.
								.
				5.Effective date;
			 application of amendments; severability
			(a)Effective
			 DateExcept as provided in subsection (b), this Act and the
			 amendments made by section 4 take effect on the date of enactment of this
			 Act.
			(b)Application of
			 AmendmentsThis Act and the amendments made by section 4 do not
			 apply with respect to conduct occurring before the date of enactment of this
			 Act.
			(c)No diminution
			 of rightsWith respect to religious practices not described in
			 section 701(j)(2) of the Civil Rights Act of 1964, as amended by section
			 4(a)(3), nothing in this Act or an amendment made by this Act shall be
			 construed to diminish any right that may exist, or remedy that may be
			 available, on the day before the date of enactment of this Act, for
			 discrimination in employment because of religion by reason of failure to
			 provide a reasonable accommodation of a religious practice, pursuant to title
			 VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).
			(d)Severability
				(1)In
			 generalIf any provision of an amendment made by this Act, or any
			 application of such provision to any person or circumstance, is held to be
			 unconstitutional, the remainder of the amendments made by this Act and the
			 application of the provision to any other person or circumstance shall not be
			 affected.
				(2)Definition of
			 religionIf, in the course of determining a claim brought under
			 title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), a court
			 holds that the application of the provision described in paragraph (1) to a
			 person or circumstance is unconstitutional, the court shall determine the claim
			 with respect to that person or circumstance by applying the definition of the
			 term religion specified in section 701 of that Act (42 U.S.C.
			 2000e), as in effect on the day before the date of enactment of this
			 Act.


117 HR 4911 IH: Medicare Advantage Quality Payment Relief Act of 2021
U.S. House of Representatives
2021-08-03
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. 4911IN THE HOUSE OF REPRESENTATIVESAugust 3, 2021Mr. Kind (for himself, Mr. Michael F. Doyle of Pennsylvania, Mr. Kelly of Pennsylvania, and Mr. Guthrie) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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 amend title XVIII of the Social Security Act to eliminate a provision under the Medicare Advantage program that inadvertently penalizes Medicare Advantage plans for providing high quality care to Medicare beneficiaries.1.Short titleThis Act may be cited as the Medicare Advantage Quality Payment Relief Act of 2021.2.Relief from quality bonus penalty in calculation of the Medicare Advantage blended benchmark cap(a)In generalSection 1853(n)(4) of the Social Security Act (42 U.S.C. 1395w–23(n)(4)) is amended by striking determined taking into account and inserting determined without regard to.(b)Effective dateThe amendment made by subsection (a) shall apply to plan years beginning on or after January 1, 2022.


		I
		111th CONGRESS
		1st Session
		H. R. 3595
		IN THE HOUSE OF REPRESENTATIVES

			September 17, 2009
			Mr. Garrett of New
			 Jersey introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to reduce the
		  Federal tax on fuels by the amount of any increase in the rate of tax on such
		  fuel by the States.

		1.Short title; etc
			(a)Short
			 titleThis Act may be cited as the Surface Transportation and Taxation Equity
			 Act or as the STATE Act.
			(b)FindingsThe
			 Congress finds the following:
				(1)Today’s surface transportation problems are
			 largely local and regional in nature.
				(2)The original
			 Federal goal of creating an interstate system was met in the early
			 1980s.
				(3)State and local
			 governments are outspending the Federal Government on transportation by a ratio
			 of 2 to 1.
				(4)The amount of
			 traffic experiencing congested conditions in the peak travel periods has more
			 than doubled in 25 years from 29 percent in 1982 to 63 percent in 2007.
				(5)The percentage of
			 the major road system that is congested has grown from 29 percent in 1982 to 48
			 percent in 2007.
				(6)More than
			 $87,200,000,000 is wasted each year due to road congestion.
				(c)PurposesThe
			 purposes of this Act are to—
				(1)return primary transportation program
			 responsibility and taxing authority to the States,
				(2)free States’
			 transportation dollars from Federal micromanagement, earmarking, and budgetary
			 pressures,
				(3)enable decisions
			 regarding which infrastructure projects will be built, how they will be
			 financed, and how they will be regulated to be made by persons best able to
			 make those decisions,
				(4)eliminate the
			 current system in which a Federal gasoline tax is sent to Washington and
			 through a cumbersome Department of Transportation bureaucracy,
				(5)prohibit the
			 Federal Government from forcing unwanted mandates on States by threatening to
			 withhold transportation money, and
				(6)achieve measurable
			 congestion mitigation and infrastructure preservation and safety in a cost
			 effective way subject to available resources.
				2.Federal tax on
			 fuels decreased by amount of increase in State tax on fuel
			(a)In
			 generalSubpart B of part III of subchapter A of chapter 32 of
			 the Internal Revenue Code of 1986 (relating to special provisions applicable to
			 fuels tax) is amended by adding at the end the following new section:

					4106.Reduction in
				rates of tax based on increase in State tax rate
						(a)In
				generalUnder regulations prescribed by the Secretary, the rate
				of tax imposed under section 4081 with respect to any fuel and the rate of tax
				imposed under section 4041 with respect to any liquid shall be decreased, but
				not below 2 cents per gallon, by the applicable State tax rate increase with
				respect to such fuel or liquid.
						(b)Applicable State
				tax rate increaseFor
				purposes of this section, the term applicable State tax rate
				increase means, with respect to any fuel or liquid, the excess, as
				periodically determined under tables prescribed by the Secretary, of—
							(1)the rate of tax
				imposed by the applicable State on the sale or use of such fuel or liquid,
				over
							(2)the rate of tax imposed by the applicable
				State on the sale or use of such fuel or liquid as of March 17, 2009.
							Any
				increase in the rate of tax imposed by any applicable State on the sale or use
				of any fuel or liquid shall be taken into account under this subsection only if
				State law provides that such increase is to be taken into account under this
				subsection.(c)Applicable
				StateFor purposes of this section, the term applicable
				State means the State which is determined under regulations prescribed
				by the Secretary as—
							(1)in the case of a
				liquid to which section 4041 applies, the State in which such liquid is sold or
				used, or
							(2)in the case of a fuel to which section 4081
				applies, the State in which such fuel is most likely to be sold or used.
							(d)Requirement To
				maintain interstate highway systemSubsection (a) shall not apply
				with respect to any fuel or liquid if the applicable State with respect to such
				fuel or liquid has not entered into an agreement with the Secretary of
				Transportation under which such State has agreed to provide for the proper
				maintenance of that portion of the interstate highway system which is within
				such
				State.
						.
			(b)Conforming
			 amendments
				(1)Section 9503 of
			 such Code is amended by striking subsection (d).
				(2)(A)Paragraph (4) of section
			 9503(e) of such Code is amended to read as follows:

							(4)Reduction in
				rate of transfer based on reduction in State tax rates
								(A)In
				generalThere shall be substituted for each amount in paragraph
				(2) an amount which bears the same ratio to such amount as the aggregate
				reduced tax rate bears to the aggregate unreduced tax rate.
								(B)Aggregate
				reduced tax rateFor purposes
				of subparagraph (A), the term aggregate reduced tax rate means,
				with respect to any amount for any calendar year, the amount of tax that the
				Secretary estimates will be imposed with respect to the liquid or fuel to which
				such amount relates for such year after application of section 4106.
								(C)Aggregate
				unreduced tax rateFor purposes of subparagraph (A), the term
				aggregate unreduced tax rate means, with respect to any amount for
				any calendar year, the amount of tax that the Secretary estimates would have
				been imposed with respect to the liquid or fuel to which such amount relates
				for such year if section 4106 did not apply for such
				year.
								.
					(B)Subparagraph (A) of section 9503(e)(2)
			 of such Code is amended by striking sentence and inserting
			 subsection.
					(3)The table for section for subpart B of part
			 III of subchapter A of chapter 32 of such Code is amended by adding at the end
			 the following new item:

							Sec. 4106. Reduction in rates of tax based on increase in State
				tax
				rate.

						.
				(c)Effective
			 dateThe amendment made by this section shall apply to liquid or
			 fuel removed, entered, sold, or used after the date of the enactment of this
			 Act.


116 HR 2239 IH: To amend the Tariff Act of 1930 to provide for a deferral of the payment of a duty upon the sale of certain used vessels, and for other purposes.
U.S. House of Representatives
2019-04-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 2239IN THE HOUSE OF REPRESENTATIVESApril 10, 2019Ms. Frankel (for herself and Mr. Yoho) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Tariff Act of 1930 to provide for a deferral of the payment of a duty upon the sale of
			 certain used vessels, and for other purposes.

		1.Duty upon sale of certain used vessels
 (a)In generalTitle IV of the Tariff Act of 1930 (19 U.S.C. 1401 et seq.) is amended by striking section 484b and inserting the following:

					484b.Duty upon sale of certain used vessels
 (a)In generalNotwithstanding any other provision of law, any used vessel that has a valid cruising license under the laws of the United States may enter, may be offered for sale in, and may remain in, the customs territory of the United States without the payment of duty, except that—
 (1)if the used vessel, while in the customs territory of the United States, is sold to a resident of the United States—
 (A)entry of the used vessel shall be completed and duty shall be deposited with U.S. Customs and Border Protection within 15 days after the date on which the sale is completed; and
 (B)any bonded broker or dealer involved in the sale shall collect the duty and remit the duty to U.S. Customs and Border Protection within 15 days after the date on which the sale is completed; and
 (2)duty on the sale of a vessel described in paragraph (1) shall be calculated at the applicable rate provided under the Harmonized Tariff Schedule of the United States and shall be based upon the value of the vessel at the time of sale.
 (b)No posting of bondNo bond may be required to be posted, upon entry of a used vessel into the customs territory of the United States, for the duty otherwise payable on the entry of a used vessel to which subsection (a) applies.
 (c)DefinitionAs used in this section, the term used vessel means a vessel that has been sold, before the vessel is brought into the customs territory of the United States, by a manufacturer or dealer to a retail consumer and that is used primarily for recreation or pleasure.
 (d)RegulationsThe Commissioner responsible for U.S. Customs and Border Protection may issue such regulations as may be necessary to carry out this section..
 (b)Relationship to Harmonized Tariff ScheduleAdditional U.S. Note 1 to chapter 89 of the Harmonized Tariff Schedule of the United States is amended by inserting , subject to section 484b of the Tariff Act of 1930 (19 U.S.C. 1484b) after payment of duty.
 2.Effective dateThe amendments made by section 1 shall apply to vessels entering the customs territory of the United States on or after the 15th day after the date of the enactment of this Act.


110 HR 3188 IH: TANF Marriage Penalty Elimination

U.S. House of Representatives
2007-07-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 3188
		IN THE HOUSE OF REPRESENTATIVES

			July 26, 2007
			Mr. Weller of
			 Illinois (for himself, Mr.
			 Herger, and Mr. Camp of
			 Michigan) introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means, and in addition to the Committee on
			 Education and Labor, 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 eliminate the separate work participation rate
		  requirements for 2-parent families under the program of block grants to States
		  for temporary assistance for needy families.

		1.Short titleThis Act may be cited as the
			 TANF Marriage Penalty Elimination
			 Act.
		2.Elimination of
			 separate participation rate requirements for 2-parent families
			(a)In
			 generalSection 407 of the
			 Social Security Act (42 U.S.C. 607) is amended—
				(1)in subsection
			 (a)—
					(A)by striking all
			 through A State and inserting the following:

							(a)Participation
				rate requirementsA State
							;
				and
					(B)by striking
			 paragraph (2);
					(2)in subsection
			 (b)—
					(A)in paragraph
			 (1)(A), by striking (a)(1) and inserting (a);
					(B)by striking
			 paragraph (2) and redesignating paragraphs (3) through (5) as paragraphs (2)
			 through (4), respectively;
					(C)in paragraph (3)
			 (as so redesignated), by striking paragraphs (1)(B) and (2)(B)
			 and inserting paragraph (1)(B); and
					(D)in paragraph (4)
			 (as so redesignated), by striking rates and inserting
			 rate; and
					(3)in subsection
			 (c)—
					(A)in paragraph
			 (1)—
						(i)by
			 striking all through For purposes of subsection (b)(1)(B)(i) and
			 inserting the following:

								(1)General
				rulesFor purposes of
				subsection (b)(1)(B)(i)
								;
				and
						(ii)by
			 striking subparagraph (B); and
						(B)in paragraph
			 (2)(D)—
						(i)by
			 striking paragraphs (1)(B)(i) and (2)(B) of subsection (b) and
			 inserting subsection (b)(1)(B)(i); and
						(ii)by
			 striking in all families and in 2-parent families,
			 respectively,.
						(b)Conforming
			 amendmentThe paragraph heading for section 409(a)(3) of such Act
			 (42 U.S.C. 609(a)(3)) is amended by striking rates and inserting
			 rate.
			3.Effective
			 dateThe amendments made by
			 this Act shall be applied and administered as if the amendments had taken
			 effect on October 1, 2006.


		I
		112th CONGRESS
		1st Session
		H. R. 432
		IN THE HOUSE OF REPRESENTATIVES

			January 25, 2011
			Mr. Markey (for
			 himself, Ms. Slaughter,
			 Ms. Schakowsky, and
			 Mr. Moran) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce

		A BILL
		To ban the use of bisphenol A in food containers, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 Ban Poisonous Additives Act of
			 2011.
		2.Ban on use of
			 bisphenol A in food and beverage containers
			(a)Treatment of
			 bisphenol A as adulterating the food or beverage
				(1)In
			 generalFor purposes of applying section 402(a)(6) of the Federal
			 Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)(6)), a food container (which for
			 purposes of this Act includes a beverage container) that is composed, in whole
			 or in part, of bisphenol A, or that can release bisphenol A into food (as
			 defined for purposes of the Federal Food, Drug, and Cosmetic Act), shall be
			 treated as a container described in such section (relating to containers
			 composed, in whole or in part, of a poisonous or deleterious substance which
			 may render the contents injurious to health).
				(2)Applicability
					(A)Reusable food
			 containersParagraph
			 (1) shall apply to reusable food containers on the date that is
			 180 days after the date of enactment of this Act.
					(B)Other food
			 containersParagraph
			 (1) shall apply to any food container that is packed with food
			 and is introduced or delivered for introduction into interstate commerce on or
			 after the date that is 180 days after the date of enactment of this Act.
					(b)Waiver
				(1)In
			 generalThe Secretary, after
			 public notice and opportunity for comment, may grant to any facility (as that
			 term is defined in section 415 of the Federal Food, Drug, and Cosmetic Act (21
			 U.S.C. 350d)) that manufactures, processes, packs, holds, or sells the
			 particular food product or products, a waiver of the treatment described in
			 subsection (a).
				(2)ApplicabilityA
			 waiver granted to a facility under
			 paragraph (1) may only be applicable to a
			 certain type of food container or containers, as used for a particular food
			 product or group of similar products containing similar foods.
				(3)Requirement for
			 waiverThe Secretary may only grant a waiver under
			 paragraph (1) to a facility, if such
			 facility—
					(A)demonstrates that
			 it is not technologically feasible to—
						(i)replace bisphenol
			 A in the certain type of container or containers for such particular food
			 product or products; or
						(ii)use
			 an alternative container that does not contain bisphenol A for such particular
			 food product or products; and
						(B)submits to the
			 Secretary a plan and timeline for removing bisphenol A from such type of
			 container or containers for that food product or products.
					(4)Labeling
					(A)In
			 generalAny product for which the Secretary grants such a waiver
			 shall display a prominent warning on the label that the container contains
			 bisphenol A, in a manner that the Secretary shall require.
					(B)Additional
			 requirementThe prominent warning required under
			 subparagraph (A) shall include
			 information to ensure adequate public awareness of potential health effects
			 associated with bisphenol A.
					(5)Duration
					(A)Initial
			 waiverAny waiver granted under
			 paragraph (1) to a facility for a food
			 container or containers shall be valid for not longer than 1 year after the
			 date on which
			 subsection (a) is applicable to such food
			 container or containers.
					(B)Renewal of
			 waiverThe Secretary may
			 renew any waiver granted under
			 paragraph (1) for periods of not more
			 than 1 year, provided that the Secretary reaffirms that it is not
			 technologically feasible to replace bisphenol A in such type of container or
			 containers for such particular food product or products or use an alternative
			 container that does not contain bisphenol A for such particular food product or
			 products.
					(c)Reexamination of
			 approved food additives, effective food contact substance notifications, and
			 substances that are generally recognized as safe
				(1)Plan and
			 scheduleNot later than 1
			 year after enactment of this Act, after opportunity for comment, the Secretary,
			 acting through the Commissioner of Food and Drugs shall publish a plan and
			 schedule for the selection of substances under
			 paragraph (2) and the review of
			 substances under
			 paragraph (5).
				(2)Selection of
			 substancesNot later than 1 year after enactment of this Act and
			 not less than once every 3 years thereafter, the Secretary, acting through the
			 Commissioner of Food and Drugs, shall, based on the factors under
			 paragraph (4), select substances to
			 review under
			 paragraph (5). Such selection shall be
			 made from among—
					(A)substances authorized as a food additive
			 under any regulations issued under section 409 of the Federal Food, Drug, and
			 Cosmetic Act;
					(B)substances that
			 are the subject of any sanction or approval as described in section 201(s)(4)
			 of the Federal Food, Drug, and Cosmetic Act;
					(C)substances that
			 are the subject of an effective food contact substance notification, as
			 described in section 409(h) of the Federal Food, Drug, and Cosmetic Act;
					(D)substances that
			 are generally recognized as safe, as listed in part 182 of title 21, Code of
			 Federal Regulations (or any successor regulations);
					(E)direct food
			 substances affirmed as generally recognized as safe, as listed in part 184 of
			 title 21, Code of Federal Regulations (or any successor regulations); and
					(F)indirect food substances affirmed as
			 generally recognized as safe, as listed in part 186 of title 21, Code of
			 Federal Regulations (or any successor regulations).
					(3)Notice and
			 commentThe selection of substances under
			 paragraph (2) shall be subject to notice
			 and comment.
				(4)PrioritiesIn
			 selecting substances under
			 paragraph (2), the Secretary shall take
			 into consideration the following factors:
					(A)Whether, based on
			 new scientific information, the Secretary determines that there is a
			 possibility that there is no longer a reasonable certainty that no harm will
			 result from aggregate exposure to such substance through food containers
			 composed, in whole or in part, of such substance, taking into
			 consideration—
						(i)potential adverse
			 effects from low dose exposure; and
						(ii)the
			 effects of exposure on vulnerable populations, including pregnant women,
			 infants, children, the elderly, and populations with high exposure to such
			 substance.
						(B)Whether, since the introduction of such
			 substance into interstate commerce, there has been a significant increase in
			 the amount of such substance found in—
						(i)sources of
			 drinking water; or
						(ii)products that are
			 likely to be used by vulnerable populations, including pregnant women, infants,
			 children, the elderly, and populations with high exposure to such
			 substance.
						(5)Review of
			 substances and Secretarial determination
					(A)In
			 generalNo later than 1 year after the date on which a substance
			 is selected under
			 paragraph (2), the Secretary shall
			 determine whether there is a reasonable certainty that no harm will result from
			 aggregate exposure to such substance, taking into consideration—
						(i)potential adverse
			 effects from low dose exposure; and
						(ii)the
			 effects of exposure on vulnerable populations, including pregnant women,
			 infants, children, the elderly, and populations with high exposure to such
			 substance.
						(B)Notice and
			 commentThe determination
			 made under
			 subparagraph (A) shall be subject to
			 notice and comment.
					(6)Remedial
			 action
					(A)In
			 generalUpon a determination under
			 paragraph (5) that there is not a
			 reasonable certainty that no harm will result from aggregate exposure to a
			 substance through food containers composed, in whole or in part, of such
			 substance—
						(i)if
			 the substance is not defined as a food contact substance under the Federal
			 Food, Drug, and Cosmetic Act, the substance shall be subject to sections
			 409(a)(3) and 409(h) of the Federal Food, Drug, and Cosmetic Act, subject to
			 the process under
			 subparagraph (B); and
						(ii)if the substance is defined as a food
			 contact substance under the Federal Food, Drug, and Cosmetic Act, the substance
			 shall be subject to
			 subparagraph (C).
						(B)Treatment of
			 substances that are not defined as food contact substancesThe process under this subparagraph is as
			 follows:
						(i)One year after the
			 determination under
			 paragraph (5) for a substance subject to
			 the process under this subparagraph—
							(I)any regulation
			 issued under section 409 of the Federal Food, Drug, and Cosmetic Act that
			 authorizes any use of the substance as a food additive (including sections
			 177.1580, 177.1440, 177.2280, and 175.300(b)(3)(viii) of title 21, Code of
			 Federal Regulations, as in effect on the date of enactment of this Act);
			 and
							(II)any sanction or
			 approval as described in section 201(s)(4) of such Act regarding such
			 substance,
							shall be deemed
			 revoked.(ii)Upon receipt of a food contact notification
			 for a food contact substance containing a substance subject to the process
			 under this subparagraph, the Secretary shall review the notification under the
			 authority described in sections 409(a)(3) and 409(h) of the Federal Food, Drug,
			 and Cosmetic Act.
						(C)Treatment of
			 substances defined as food contact substances
						(i)One year after the
			 determination under
			 paragraph (5) for a substance that is
			 subject to this subparagraph, all effective notifications for the use of such
			 substance under the authority described in sections 409(a)(3) and 409(h) of the
			 Federal Food, Drug, and Cosmetic Act shall be reviewed by the Secretary.
						(ii)Upon receipt of a food contact notification
			 for a food contact substance containing a substance that is subject to this
			 subparagraph, the Secretary shall review the notification under the authority
			 described in sections 409(a)(3) and 409(h) of the Federal Food, Drug, and
			 Cosmetic Act.
						(d)Savings
			 provisionNothing in this Act
			 shall affect the right of a State, political subdivision of a State, or Indian
			 tribe to adopt or enforce any regulation, requirement, liability, or standard
			 of performance that is more stringent than a regulation, requirement,
			 liability, or standard of performance under this Act or that—
				(1)applies to a
			 product category not described in this Act; or
				(2)requires the
			 provision of a warning of risk, illness, or injury associated with the use of
			 food containers composed, in whole or in part, of bisphenol A.
				(e)DefinitionsFor purposes of this section:
				(1)Reusable food
			 containerThe term
			 reusable food container means a reusable food container that does
			 not contain a food item when it is introduced or delivered for introduction
			 into interstate commerce.
				(2)SecretaryThe
			 term Secretary means the Secretary of Health and Human
			 Services.
				3.Amendments to
			 section 409 of the Federal Food, Drug, and Cosmetic ActSubsection (h) of section 409 of the Federal
			 Food, Drug, and Cosmetic Act (21 U.S.C. 348(h)(1)) is amended—
			(1)in paragraph (1)—
				(A)by striking
			 manufacturer or supplier for a food contact substance may and
			 inserting manufacturer or supplier for a food contact substance
			 shall;
				(B)by inserting
			 (A) after notify the Secretary of;
				(C)by striking
			 , and of and inserting ; (B); and
				(D)by striking the
			 period after subsection (c)(3)(A) and inserting ; (C) the
			 determination of the manufacturer or supplier that no adverse health effects
			 result from low-dose exposures to the food contact substance; and (D) the
			 determination of the manufacturer or supplier that the substance has not been
			 shown, after tests which are appropriate for the evaluation of the safety of
			 food contact substances, to cause reproductive or developmental toxicity in
			 humans or animals.; and
				(2)by striking
			 paragraph (6) and inserting the following:

					(6)In this
				section—
						(A)the term
				food contact substance means any substance intended for use as a
				component of materials used in manufacturing, packing, packaging, transporting,
				or holding food if such use is not intended to have any technical effect in
				such food; and
						(B)the term
				reproductive or developmental toxicity means biologically adverse
				effects on the reproductive systems of female or male humans or animals,
				including alterations to the female or male reproductive system development,
				the related endocrine system, fertility, pregnancy, pregnancy outcomes, or
				modifications in other functions that are dependent on the integrity of the
				reproductive
				system.
						.
			4.Report to
			 CongressNo later than two
			 years after enactment of this Act and at least once during every two year
			 period thereafter, the Secretary shall submit a report to the Committee on
			 Energy and Commerce of the House of Representatives. Such report shall
			 include—
			(1)a list of waivers granted under section
			 2(b)(1), including a description of the basis each such waiver;
			(2)a
			 list of substances selected for review under section 2(c)(2) and the
			 anticipated timeline for future selections of additional substances;
			(3)for each substance reviewed under section
			 2(c)(5), the outcome of such review, and the anticipated timeline for review of
			 additional substances;
			(4)a
			 description of all remedial action taken under section 2(c)(6); and
			(5)for bisphenol A
			 and any other substance determined not to have a reasonable certainty of no
			 harm under section 2(c)(5), a review of the potential alternatives to that
			 substance that are available or being developed for use in food and beverage
			 containers.