		110th CONGRESS
		2d Session
		S. 2913
		IN THE SENATE OF THE UNITED
		  STATES
		AN ACT
		To provide a limitation on judicial
		  remedies in copyright infringement cases involving orphan
		  works.

		1.Short titleThis Act may be cited as the
			 Shawn Bentley Orphan Works Act of
			 2008.
		2.Limitation on remedies in cases involving
			 orphan works
			(a)Limitation on remediesChapter 5 of title 17, United States Code,
			 is amended by adding at the end the following:

					514.Limitation on remedies in cases involving
				orphan works
						(a)DefinitionsIn this section, the following definitions
				shall apply:
							(1)Notice of claim of
				infringementThe term
				notice of claim of infringement means, with respect to a claim
				of copyright infringement, a written notice sent from the owner of the
				infringed copyright or a person acting on the owner's behalf to the infringer
				or a person acting on the infringer's behalf, that includes at a
				minimum—
								(A)the name of the owner of the infringed
				copyright;
								(B)the title of the infringed work, any
				alternative titles of the infringed work known to the owner of the infringed
				copyright, or if the work has no title, a description in detail sufficient to
				identify that work;
								(C)an address and telephone number at which
				the owner of the infringed copyright or a person acting on behalf of the owner
				may be contacted; and
								(D)information reasonably sufficient to permit
				the infringer to locate the infringer’s material in which the infringed work
				resides.
								(2)Owner of the infringed
				copyrightThe owner of
				the infringed copyright is the owner of any particular exclusive right
				under section 106 that is applicable to the infringement, or any person or
				entity with the authority to grant or license such right on an exclusive or
				nonexclusive basis.
							(3)Reasonable compensationThe term reasonable
				compensation means, with respect to a claim of infringement, the amount
				on which a willing buyer and willing seller in the positions of the infringer
				and the owner of the infringed copyright would have agreed with respect to the
				infringing use of the work immediately before the infringement began.
							(b)Conditions for eligibility
							(1)Conditions
								(A)In generalNotwithstanding sections 502 through 506,
				and subject to subparagraph (B), in an action brought under this title for
				infringement of copyright in a work, the remedies for infringement shall be
				limited in accordance with subsection (c) if the infringer—
									(i)proves by a preponderance of the evidence
				that before the infringement began, the infringer, a person acting on behalf of
				the infringer, or any person jointly and severally liable with the infringer
				for the infringement—
										(I)performed and documented a qualifying
				search, in good faith, to locate and identify the owner of the infringed
				copyright; and
										(II)was unable to locate and identify an owner
				of the infringed copyright;
										(ii)provided attribution, in a manner that is
				reasonable under the circumstances, to the legal owner of the infringed
				copyright, if such legal owner was known with a reasonable degree of certainty,
				based on information obtained in performing the qualifying search;
									(iii)included with the public distribution,
				display, or performance of the infringing work a symbol or other notice of the
				use of the infringing work, the form and manner of which shall be prescribed by
				the Register of Copyrights, which may be in the footnotes, endnotes, bottom
				margin, end credits, or in any other such manner as to give notice that the
				infringed work has been used under this section;
									(iv)asserts in the initial pleading to the
				civil action eligibility for such limitations; and
									(v)at the time of making the initial discovery
				disclosures required under rule 26 of the Federal Rules of Civil Procedure,
				states with particularity the basis for eligibility for the limitations,
				including a detailed description and documentation of the search undertaken in
				accordance with paragraph (2)(A) and produces documentation of the
				search.
									(B)ExceptionSubparagraph (A) does not apply if the
				infringer or a person acting on behalf of the infringer receives a notice of
				claim of infringement and, after receiving such notice and having an
				opportunity to conduct an expeditious good faith investigation of the claim,
				the infringer—
									(i)fails to engage in negotiation in good
				faith regarding reasonable compensation with the owner of the infringed
				copyright; or
									(ii)fails to render payment of reasonable
				compensation in a reasonably timely manner after reaching an agreement with the
				owner of the infringed copyright or under an order described in subsection
				(c)(1)(A).
									(2)Requirements for searches
								(A)Requirements for qualifying
				searches
									(i)In
				generalA search qualifies under paragraph (1)(A)(i)(I) if the
				infringer, a person acting on behalf of the infringer, or any person jointly
				and severally liable with the infringer for the infringement, undertakes a
				diligent effort that is reasonable under the circumstances to locate the owner
				of the infringed copyright prior to, and at a time reasonably proximate to, the
				infringement.
									(ii)Diligent
				effortFor purposes of clause (i), a diligent effort—
										(I)requires, at a
				minimum—
											(aa)a
				search of the records of the Copyright Office that are available to the public
				through the Internet and relevant to identifying and locating copyright owners,
				provided there is sufficient identifying information on which to construct a
				search;
											(bb)a
				search of reasonably available sources of copyright authorship and ownership
				information and, where appropriate, licensor information;
											(cc)use of
				appropriate technology tools, printed publications, and where reasonable,
				internal or external expert assistance; and
											(dd)use of
				appropriate databases, including databases that are available to the public
				through the Internet; and
											(II)shall include
				any actions that are reasonable and appropriate under the facts relevant to the
				search, including actions based on facts known at the start of the search and
				facts uncovered during the search, and including a review, as appropriate, of
				Copyright Office records not available to the public through the Internet that
				are reasonably likely to be useful in identifying and locating the copyright
				owner.
										(iii)Consideration
				of recommended practicesA qualifying search under this
				subsection shall ordinarily be based on the applicable statement of Recommended
				Practices made available by the Copyright Office and additional appropriate
				best practices of authors, copyright owners, and users to the extent such best
				practices incorporate the expertise of persons with specialized knowledge with
				respect to the type of work for which the search is being conducted.
									(iv)Lack of
				identifying informationThe fact that, in any given
				situation,—
										(I)a particular copy
				or phonorecord lacks identifying information pertaining to the owner of the
				infringed copyright; or
										(II)an owner of the
				infringed copyright fails to respond to any inquiry or other communication
				about the work,
										shall not be
				deemed sufficient to meet the conditions under paragraph (1)(A)(i)(I).(v)Use of
				resources for chargeA qualifying search under paragraph
				(1)(A)(i)(I) may require use of resources for which a charge or subscription is
				imposed to the extent reasonable under the circumstances.
									(B)Information to
				guide searches; recommended practices
									(i)Statements of
				recommended practicesThe Register of Copyrights shall maintain
				and make available to the public and, from time to time, update at least one
				statement of Recommended Practices for each category, or, in the Register’s
				discretion, subcategory of work under section 102(a) of this title, for
				conducting and documenting a search under this subsection. Such statement will
				ordinarily include reference to materials, resources, databases, and technology
				tools that are relevant to a search. The Register may maintain and make
				available more than one statement of Recommended Practices for each category or
				subcategory, as appropriate.
									(ii)Consideration
				of relevant materialsIn maintaining and making available and,
				from time to time, updating the Recommended Practices in clause (i), the
				Register of Copyrights shall, at the Register’s discretion, consider materials,
				resources, databases, technology tools, and practices that are reasonable and
				relevant to the qualifying search. The Register shall consider any comments
				submitted to the Copyright Office by the Small Business Administration Office
				of Advocacy. The Register shall also, to the extent practicable, take the
				impact on copyright owners that are small businesses into consideration when
				modifying and updating best practices.
									(3)Penalty for failure to complyIf an infringer fails to comply with any
				requirement under this subsection, the infringer is not eligible for a
				limitation on remedies under this section.
							(c)Limitations on remediesThe limitations on remedies in an action
				for infringement of a copyright to which this section applies are the
				following:
							(1)Monetary relief
								(A)General ruleSubject to subparagraph (B), an award for
				monetary relief (including actual damages, statutory damages, costs, and
				attorney’s fees) may not be made other than an order requiring the infringer to
				pay reasonable compensation to the owner of the exclusive right under the
				infringed copyright for the use of the infringed work.
								(B)Further limitationsAn order requiring the infringer to pay
				reasonable compensation for the use of the infringed work may not be made under
				subparagraph (A) if the infringer is a nonprofit educational institution,
				museum, library, archives, or a public broadcasting entity (as defined in
				subsection (f) of section 118), or any of such entities' employees acting
				within the scope of their employment, and the infringer proves by a
				preponderance of the evidence that—
									(i)the infringement was performed without any
				purpose of direct or indirect commercial advantage;
									(ii)the infringement was primarily educational,
				religious, or charitable in nature; and
									(iii)after receiving a notice of claim of
				infringement, and having an opportunity to conduct an expeditious good faith
				investigation of the claim, the infringer promptly ceased the
				infringement.
									(2)Injunctive relief
								(A)General ruleSubject to subparagraph (B), the court may
				impose injunctive relief to prevent or restrain any infringement alleged in the
				civil action. If the infringer has met the requirements of subsection (b), the
				relief shall, to the extent practicable and subject to applicable law, account
				for any harm that the relief would cause the infringer due to its reliance on
				subsection (b).
								(B)ExceptionIn a case in which the infringer has
				prepared or commenced preparation of a new work of authorship that recasts,
				transforms, adapts, or integrates the infringed work with a significant amount
				of original expression, any injunctive relief ordered by the court may not
				restrain the infringer’s continued preparation or use of that new work,
				if—
									(i)the infringer pays reasonable compensation
				in a reasonably timely manner after the amount of such compensation has been
				agreed upon with the owner of the infringed copyright or determined by the
				court; and
									(ii)the court also requires that the infringer
				provide attribution, in a manner that is reasonable under the circumstances, to
				the legal owner of the infringed copyright, if requested by such owner.
									(C)LimitationsThe
				limitations on injunctive relief under subparagraphs (A) and (B) shall not be
				available to an infringer or a representative of the infringer acting in an
				official capacity if the infringer asserts that neither the infringer nor any
				representative of the infringer acting in an official capacity is subject to
				suit in the courts of the United States for an award of damages for the
				infringement, unless the court finds that the infringer—
									(i)has complied with
				the requirements of subsection (b); and
									(ii)pays reasonable
				compensation to the owner of the exclusive right under the infringed copyright
				in a reasonably timely manner after the amount of reasonable compensation has
				been agreed upon with the owner or determined by the court.
									(D)Rule of constructionNothing in subparagraph (C) shall be
				construed to authorize or require, and no action taken under such subparagraph
				shall be deemed to constitute, either an award of damages by the court against
				the infringer or an authorization to sue a State.
								(E)Rights and privileges not
				waivedNo action taken by an
				infringer under subparagraph (C) shall be deemed to waive any right or
				privilege that, as a matter of law, protects the infringer from being subject
				to suit in the courts of the United States for an award of damages.
								(d)Preservation of other rights, limitations,
				and defensesThis section
				does not affect any right, or any limitation or defense to copyright
				infringement, including fair use, under this title. If another provision of
				this title provides for a statutory license that would permit the use
				contemplated by the infringer, that provision applies instead of this
				section.
						(e)Copyright for derivative works and
				compilationsNotwithstanding
				section 103(a), an infringer who qualifies for the limitation on remedies
				afforded by this section shall not be denied copyright protection in a
				compilation or derivative work on the basis that such compilation or derivative
				work employs preexisting material that has been used unlawfully under this
				section.
						(f)Exclusion for fixations in or on useful
				articlesThe limitations on
				remedies under this section shall not be available to an infringer for
				infringements resulting from fixation of a pictorial, graphic, or sculptural
				work in or on a useful article that is offered for sale or other commercial
				distribution to the
				public.
						.
			(b)Technical and conforming
			 amendmentThe table of
			 sections for chapter 5 of title 17, United States Code, is amended by adding at
			 the end the following:

						514. Limitation on remedies in
				cases involving orphan
				works.

					.
			(c)Effective date
				(1)In generalThe amendments made by this section
			 shall—
					(A)take effect on the later of—
						(i)January 1, 2009; or
						(ii)the date which is the earlier of—
							(I)30 days after the date on which the
			 Copyright Office publishes notice in the Federal Register that it has certified
			 under section 3 that there exist and are available at least 2 separate and
			 independent searchable, electronic databases, that allow for searches of
			 copyrighted works that are pictorial, graphic, and sculptural works, and are
			 available to the public; or
							(II)January 1, 2013; and
							(B)apply to infringing uses that commence on
			 or after that effective date.
					(2)DefinitionIn this subsection, the term
			 pictorial, graphic, and sculptural works has the meaning given
			 that term in section 101 of title 17, United States Code.
				3.Databases of pictorial, graphic, and
			 sculptural worksThe Register
			 of Copyrights shall undertake a process to certify that there exist and are
			 available databases that facilitate a user’s search for pictorial, graphic, and
			 sculptural works that are subject to copyright protection under title 17,
			 United States Code. The Register shall only certify that databases are
			 available under this section if such databases are determined to be effective
			 and not prohibitively expensive and include the capability to be searched using
			 1 or more mechanisms that allow for the search and identification of a work by
			 both text and image and have sufficient information regarding the works to
			 enable a potential user of a work to identify or locate the copyright owner or
			 authorized agent. Prior to certifying that databases are available under this
			 section, the Register shall determine, to the extent practicable, their impact
			 on copyright owners that are small businesses and consult with the Small
			 Business Administration Office of Advocacy regarding those impacts. The
			 Register shall consider the Office of Advocacy’s comments and respond to any
			 concerns.
		4.Report to CongressNot later than December 12, 2014, the
			 Register of Copyrights shall report to the Committee on the Judiciary of the
			 Senate and the Committee on the Judiciary of the House of Representatives on
			 the implementation and effects of the amendments made by section 2, including
			 any recommendations for legislative changes that the Register considers
			 appropriate.
		5.Study on remedies for small copyright
			 claims
			(a)In generalThe Register of Copyrights shall conduct a
			 study with respect to remedies for copyright infringement claims by an
			 individual copyright owner or a related group of copyright owners seeking small
			 amounts of monetary relief, including consideration of alternative means of
			 resolving disputes currently heard in the United States district courts. The
			 study shall cover the infringement claims to which section 514 of title 17,
			 United States Code, apply, and other infringement claims under that
			 title.
			(b)ProceduresThe Register of Copyrights shall publish
			 notice of the study required under subsection (a), providing a period during
			 which interested persons may submit comments on the study, and an opportunity
			 for interested persons to participate in public roundtables on the study. The
			 Register shall hold any such public roundtables at such times as the Register
			 considers appropriate.
			(c)Report to congressNot later than 2 years after the date of
			 the enactment of this Act, the Register of Copyrights shall prepare and submit
			 to the Committee on the Judiciary of the Senate and the Committee on the
			 Judiciary of the House of Representatives a report on the study conducted under
			 this section, including such administrative, regulatory, or legislative
			 recommendations that the Register considers appropriate.
			6.Study on copyright deposits
			(a)In generalThe Comptroller General of the United
			 States shall conduct a study examining the function of the deposit requirement
			 in the copyright registration system under section 408 of title 17, United
			 States Code, including—
				(1)the historical purpose of the deposit
			 requirement;
				(2)the degree to which deposits are made
			 available to the public currently;
				(3)the feasibility of making deposits,
			 particularly visual arts deposits, electronically searchable by the public for
			 the purpose of locating copyright owners; and
				(4)the impact any change in the deposit
			 requirement would have on the collection of the Library of Congress.
				(b)ReportNot later than 2 years after the date of
			 the enactment of this Act, the Comptroller General shall submit to the
			 Committee on the Judiciary of the Senate and the Committee on the Judiciary of
			 the House of Representatives a report on the study conducted under this
			 section, including such administrative, regulatory, or legislative
			 recommendations that the Comptroller General considers appropriate.

			Passed the Senate September 26 (legislative day, September
			 17), 2008.

			Secretary


		II
		111th CONGRESS
		1st Session
		S. 140
		IN THE SENATE OF THE UNITED STATES

			January 6, 2009
			Mrs. Feinstein
			 introduced the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To modify the requirements applicable to
		  locatable minerals on public domain lands, consistent with the principles of
		  self-initiation of mining claims, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited as the Abandoned Mine Reclamation Act of
			 2009.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Definitions and references.
					Sec. 3. Application rules.
					TITLE I—Mineral exploration and development
					Sec. 101. Royalty.
					Sec. 102. Hardrock mining claim maintenance fee.
					Sec. 103. Reclamation fee.
					Sec. 104. Effect of payments for use and occupancy of
				claims.
					TITLE II—Abandoned Mine Cleanup Fund
					Sec. 201. Establishment of Fund.
					Sec. 202. Contents of Fund.
					Sec. 203. Use and objectives of the Fund.
					Sec. 204. Eligible lands and waters.
					Sec. 205. Expenditures.
					Sec. 206. Availability of amounts.
					TITLE III—Effective date
					Sec. 301. Effective date.

			2.Definitions and
			 references
			(a)In
			 generalAs used in this Act:
				(1)The term
			 affiliate means with respect to any person, any of the
			 following:
					(A)Any person who
			 controls, is controlled by, or is under common control with such person.
					(B)Any partner of
			 such person.
					(C)Any person owning
			 at least 10 percent of the voting shares of such person.
					(2)The term
			 applicant means any person applying for a permit under this Act or
			 a modification to or a renewal of a permit under this Act.
				(3)The term
			 beneficiation means the crushing and grinding of locatable mineral
			 ore and such processes as are employed to free the mineral from other
			 constituents, including but not necessarily limited to, physical and chemical
			 separation techniques.
				(4)The term
			 claim holdermeans a person holding a mining claim, millsite claim,
			 or tunnel site claim located under the general mining laws and maintained in
			 compliance with such laws and this Act. Such term may include an agent of a
			 claim holder.
				(5)The term
			 control means having the ability, directly or indirectly, to
			 determine (without regard to whether exercised through one or more corporate
			 structures) the manner in which an entity conducts mineral activities, through
			 any means, including without limitation, ownership interest, authority to
			 commit the entity’s real or financial assets, position as a director, officer,
			 or partner of the entity, or contractual arrangement.
				(6)The term
			 exploration—
					(A)subject to
			 subparagraphs (B) and (C), means creating surface disturbance other than casual
			 use, to evaluate the type, extent, quantity, or quality of minerals
			 present;
					(B)includes mineral
			 activities associated with sampling, drilling, and analyzing locatable mineral
			 values; and
					(C)does not include
			 extraction of mineral material for commercial use or sale.
					(7)The term Federal landmeans any
			 land, and any interest in land, that is owned by the United States and open to
			 location of mining claims under the general mining laws.
				(8)The term
			 hardrock mineral has the meaning given the term locatable
			 mineral except that legal and beneficial title to the mineral need not
			 be held by the United States.
				(9)The term
			 Indian lands means lands held in trust for the benefit of an
			 Indian tribe or individual or held by an Indian tribe or individual subject to
			 a restriction by the United States against alienation.
				(10)The term
			 Indian tribe means any Indian tribe, band, nation, pueblo, or
			 other organized group or community, including any Alaska Native village or
			 regional corporation as defined in or established pursuant to the Alaska Native
			 Claims Settlement Act (43 U.S.C. 1601 et seq.), that is
			 recognized as eligible for the special programs and services provided by the
			 United States to Indians because of their status as Indians.
				(11)The term
			 locatable mineral—
					(A)subject to
			 subparagraph (B), means any mineral, the legal and beneficial title to which
			 remains in the United States and that is not subject to disposition under any
			 of—
						(i)the Mineral Leasing Act (30 U.S.C. 181 et
			 seq.);
						(ii)the Geothermal Steam Act of 1970 (30 U.S.C.
			 1001 et seq.);
						(iii)the Act of July 31, 1947, commonly known as
			 the Materials Act of 1947 (30 U.S.C. 601 et seq.); or
						(iv)the Mineral Leasing for Acquired Lands Act
			 (30 U.S.C. 351 et seq.); and
						(B)does not include
			 any mineral that is subject to a restriction against alienation imposed by the
			 United States and is—
						(i)held
			 in trust by the United States for any Indian or Indian tribe, as defined in
			 section 2 of the Indian Mineral Development Act of 1982 (25 U.S.C. 2101);
			 or
						(ii)owned by any
			 Indian or Indian tribe, as defined in that section.
						(12)The term
			 mineral activitiesmeans any activity on a mining claim, millsite
			 claim, or tunnel site claim for, related to, or incidental to, mineral
			 exploration, mining, beneficiation, processing, or reclamation activities for
			 any locatable mineral.
				(13)The term
			 operatormeans any person proposing or authorized by a permit
			 issued under this Act to conduct mineral activities and any agent of such
			 person.
				(14)The term
			 person means an individual, Indian tribe, partnership,
			 association, society, joint venture, joint stock company, firm, company,
			 corporation, cooperative, or other organization and any instrumentality of
			 State or local government including any publicly owned utility or publicly
			 owned corporation of State or local government.
				(15)The term
			 processing means processes downstream of beneficiation employed to
			 prepare locatable mineral ore into the final marketable product, including but
			 not limited to smelting and electrolytic refining.
				(16)The term
			 Secretarymeans the Secretary of the Interior, unless otherwise
			 specified.
				(17)The term
			 temporary cessationmeans a halt in mine-related production
			 activities for a continuous period of no longer than 5 years.
				(b)References to
			 other laws(1)Any reference in this
			 Act to the term general mining laws is a reference to those Acts that generally
			 comprise chapters 2, 12A, and 16, and sections 161 and 162, of title 30, United
			 States Code.
				(2)Any reference in this Act to the Act of
			 July 23, 1955, is a reference to the Act entitled An Act to amend the
			 Act of July 31, 1947 (61 Stat. 681) and the mining laws to provide for multiple
			 use of the surface of the same tracts of the public lands, and for other
			 purposes (30 U.S.C. 601 et seq.).
				3.Application
			 rules
			(a)In
			 generalThis Act applies to
			 any mining claim, millsite claim, or tunnel site claim located under the
			 general mining laws, before, on, or after the date of enactment of this Act,
			 except as provided in subsection (b).
			(b)Preexisting
			 claims(1)Any
			 unpatented mining claim or millsite claim located under the general mining laws
			 before the date of enactment of this Act for which a plan of operation has not
			 been approved or a notice filed prior to the date of enactment shall, upon the
			 effective date of this Act, be subject to the requirements of this Act, except
			 as provided in paragraph (2).
				(2)(A)If a plan of operations
			 is approved for mineral activities on any claim or site referred to in
			 paragraph (1) prior to the date of enactment of this Act but such operations
			 have not commenced prior to the date of enactment of this Act—
						(i)during the 10-year period beginning on
			 the date of enactment of this Act, mineral activities at such claim or site
			 shall be subject to such plan of operations;
						(ii)during such 10-year period,
			 modifications of any such plan may be made in accordance with the provisions of
			 law applicable prior to the enactment of this Act if such modifications are
			 deemed minor by the Secretary concerned; and
						(iii)the operator shall bring such
			 mineral activities into compliance with this Act by the end of such 10-year
			 period.
						(B)Where an application for modification
			 of a plan of operations referred to in subparagraph (A)(ii) has been timely
			 submitted and an approved plan expires prior to Secretarial action on the
			 application, mineral activities and reclamation may continue in accordance with
			 the terms of the expired plan until the Secretary makes an administrative
			 decision on the application.
					(c)Federal Lands
			 Subject to Existing Permit(1)Any Federal land shall be subject to the
			 requirements of section 101(a)(2) if the land is—
					(A)subject to an operations permit;
			 and
					(B)producing valuable locatable minerals
			 in commercial quantities prior to the date of enactment of this Act.
					(2)Any Federal land added through a plan
			 modification to an operations permit on Federal land that is submitted after
			 the date of enactment of this Act shall be subject to the terms of section
			 101(a)(3).
				(d)Application of
			 Act to beneficiation and processing of non-Federal minerals on Federal
			 landsThe provisions of this Act shall apply in the same manner
			 and to the same extent to mining claims, millsite claims, and tunnel site
			 claims used for beneficiation or processing activities for any mineral without
			 regard to whether or not the legal and beneficial title to the mineral is held
			 by the United States. This subsection applies only to minerals that are
			 locatable minerals or minerals that would be locatable minerals if the legal
			 and beneficial title to such minerals were held by the United States.
			IMineral
			 exploration and development
			101.Royalty
				(a)Reservation of
			 royalty
					(1)In
			 generalExcept as provided in
			 paragraph (2) and subject to paragraph (3), production of all locatable
			 minerals from any mining claim located under the general mining laws and
			 maintained in compliance with this Act, or mineral concentrates or products
			 derived from locatable minerals from any such mining claim, as the case may be,
			 shall be subject to a royalty of 8 percent of the gross income from mining. The
			 claim holder or any operator to whom the claim holder has assigned the
			 obligation to make royalty payments under the claim and any person who controls
			 such claim holder or operator shall be liable for payment of such
			 royalties.
					(2)Royalty for
			 Federal lands subject to existing permitThe royalty under
			 paragraph (1) shall be 4 percent in the case of any Federal land that—
						(A)is subject to an
			 operations permit on the date of the enactment of this Act; and
						(B)produces valuable
			 locatable minerals in commercial quantities on the date of enactment of this
			 Act.
						(3)Federal land
			 added to existing operations permitAny Federal land added through a plan
			 modification to an operations permit that is submitted after the date of
			 enactment of this Act shall be subject to the royalty that applies to Federal
			 land under paragraph (1).
					(4)DepositAmounts
			 received by the United States as royalties under this subsection shall be
			 deposited into the Abandoned Mine Cleanup Fund established by section
			 201(a).
					(b)Duties of claim
			 holders, operators, and transporters(1)A person—
						(A)who is required to make any royalty
			 payment under this section shall make such payments to the United States at
			 such times and in such manner as the Secretary may by rule prescribe;
			 and
						(B)shall notify the Secretary, in the
			 time and manner as may be specified by the Secretary, of any assignment that
			 such person may have made of the obligation to make any royalty or other
			 payment under a mining claim.
						(2)Any person paying royalties under
			 this section shall file a written instrument, together with the first royalty
			 payment, affirming that such person is responsible for making proper payments
			 for all amounts due for all time periods for which such person has a payment
			 responsibility. Such responsibility for the periods referred to in the
			 preceding sentence shall include any and all additional amounts billed by the
			 Secretary and determined to be due by final agency or judicial action. Any
			 person liable for royalty payments under this section who assigns any payment
			 obligation shall remain jointly and severally liable for all royalty payments
			 due for the claim for the period.
					(3)A person conducting mineral
			 activities shall—
						(A)develop and comply with the site
			 security provisions in the operations permit designed to protect from theft the
			 locatable minerals, concentrates or products derived therefrom which are
			 produced or stored on a mining claim, and such provisions shall conform with
			 such minimum standards as the Secretary may prescribe by rule, taking into
			 account the variety of circumstances on mining claims; and
						(B)not later than the 5th business day
			 after production begins anywhere on a mining claim, or production resumes after
			 more than 90 days after production was suspended, notify the Secretary, in the
			 manner prescribed by the Secretary, of the date on which such production has
			 begun or resumed.
						(4)The Secretary may by rule require any
			 person engaged in transporting a locatable mineral, concentrate, or product
			 derived therefrom to carry on his or her person, in his or her vehicle, or in
			 his or her immediate control, documentation showing, at a minimum, the amount,
			 origin, and intended destination of the locatable mineral, concentrate, or
			 product derived therefrom in such circumstances as the Secretary determines is
			 appropriate.
					(c)Recordkeeping
			 and reporting requirementsA claim holder, operator, or other
			 person directly involved in developing, producing, processing, transporting,
			 purchasing, or selling locatable minerals, concentrates, or products derived
			 therefrom, subject to this Act, through the point of royalty computation shall
			 establish and maintain any records, make any reports, and provide any
			 information that the Secretary may reasonably require for the purposes of
			 implementing this section or determining compliance with rules or orders under
			 this section. Such records shall include, but not be limited to, periodic
			 reports, records, documents, and other data. Such reports may also include, but
			 not be limited to, pertinent technical and financial data relating to the
			 quantity, quality, composition volume, weight, and assay of all minerals
			 extracted from the mining claim. Upon the request of any officer or employee
			 duly designated by the Secretary conducting an audit or investigation pursuant
			 to this section, the appropriate records, reports, or information that may be
			 required by this section shall be made available for inspection and duplication
			 by such officer or employee. Failure by a claim holder, operator, or other
			 person referred to in the first sentence to cooperate with such an audit,
			 provide data required by the Secretary, or grant access to information may, at
			 the discretion of the Secretary, result in involuntary forfeiture of the
			 claim.
				(d)AuditsThe
			 Secretary is authorized to conduct such audits of all claim holders, operators,
			 transporters, purchasers, processors, or other persons directly or indirectly
			 involved in the production or sales of minerals covered by this Act, as the
			 Secretary deems necessary for the purposes of ensuring compliance with the
			 requirements of this section. For purposes of performing such audits, the
			 Secretary shall, at reasonable times and upon request, have access to, and may
			 copy, all books, papers and other documents that relate to compliance with any
			 provision of this section by any person.
				(e)Cooperative
			 agreements(1)The Secretary is
			 authorized to enter into cooperative agreements with the Secretary of
			 Agriculture to share information concerning the royalty management of locatable
			 minerals, concentrates, or products derived therefrom, to carry out inspection,
			 auditing, investigation, or enforcement (not including the collection of
			 royalties, civil or criminal penalties, or other payments) activities under
			 this section in cooperation with the Secretary, and to carry out any other
			 activity described in this section.
					(2)Except as provided in paragraph (3)
			 of this subsection (relating to trade secrets), and pursuant to a cooperative
			 agreement, the Secretary of Agriculture shall, upon request, have access to all
			 royalty accounting information in the possession of the Secretary respecting
			 the production, removal, or sale of locatable minerals, concentrates, or
			 products derived therefrom from claims on lands open to location under this
			 Act.
					(3)Trade secrets, proprietary, and other
			 confidential information protected from disclosure under section 552 of title
			 5, United States Code, popularly known as the Freedom of Information Act, shall
			 be made available by the Secretary to other Federal agencies as necessary to
			 assure compliance with this Act and other Federal laws. The Secretary, the
			 Secretary of Agriculture, the Administrator of the Environmental Protection
			 Agency, and other Federal officials shall ensure that such information is
			 provided protection in accordance with the requirements of that section.
					(f)Interest and
			 substantial underreporting assessments(1)In the case of mining
			 claims where royalty payments are not received by the Secretary on the date
			 that such payments are due, the Secretary shall charge interest on such
			 underpayments at the same interest rate as the rate applicable under section
			 6621(a)(2) of the Internal Revenue Code of 1986. In the case of an
			 underpayment, interest shall be computed and charged only on the amount of the
			 deficiency and not on the total amount.
					(2)If there is any underreporting of
			 royalty owed on production from a claim for any production month by any person
			 liable for royalty payments under this section, the Secretary shall assess a
			 penalty of not greater than 25 percent of the amount of that
			 underreporting.
					(3)For the purposes of this subsection,
			 the term underreporting means the difference between the royalty
			 on the value of the production that should have been reported and the royalty
			 on the value of the production which was reported, if the value that should
			 have been reported is greater than the value that was reported.
					(4)The Secretary may waive or reduce the
			 assessment provided in paragraph (2) of this subsection if the person liable
			 for royalty payments under this section corrects the underreporting before the
			 date such person receives notice from the Secretary that an underreporting may
			 have occurred, or before 90 days after the date of the enactment of this
			 section, whichever is later.
					(5)The Secretary shall waive any portion
			 of an assessment under paragraph (2) of this subsection attributable to that
			 portion of the underreporting for which the person responsible for paying the
			 royalty demonstrates that—
						(A)such person had written authorization
			 from the Secretary to report royalty on the value of the production on basis on
			 which it was reported;
						(B)such person had substantial authority
			 for reporting royalty on the value of the production on the basis on which it
			 was reported;
						(C)such person previously had notified
			 the Secretary, in such manner as the Secretary may by rule prescribe, of
			 relevant reasons or facts affecting the royalty treatment of specific
			 production which led to the underreporting; or
						(D)such person meets any other exception
			 which the Secretary may, by rule, establish.
						(6)All penalties collected under this
			 subsection shall be deposited in the Abandoned Mine Cleanup Fund established by
			 section 201(a).
					(g)DelegationFor
			 the purposes of this section, the term Secretary means the
			 Secretary of the Interior acting through the Director of the Minerals
			 Management Service.
				(h)Expanded royalty
			 obligationsEach person liable for royalty payments under this
			 section shall be jointly and severally liable for royalty on all locatable
			 minerals, concentrates, or products derived therefrom lost or wasted from a
			 mining claim located under the general mining laws and maintained in compliance
			 with this Act when such loss or waste is due to negligence on the part of any
			 person or due to the failure to comply with any rule, regulation, or order
			 issued under this section.
				(i)Gross income
			 from mining definedFor the purposes of this section, for any
			 locatable mineral, the term gross income from mining has the
			 same meaning as the term gross income in section 613(c) of the
			 Internal Revenue Code of 1986.
				(j)Effective
			 dateThe royalty under this section shall take effect with
			 respect to the production of locatable minerals after the enactment of this
			 Act, but any royalty payments attributable to production during the first 12
			 calendar months after the enactment of this Act shall be payable at the
			 expiration of such 12-month period.
				(k)Failure To
			 comply with royalty requirementsAny person who fails to comply
			 with the requirements of this section or any regulation or order issued to
			 implement this section shall be liable for a civil penalty under section 109 of
			 the Federal Oil and Gas Royalty Management Act (30 U.S.C. 1719) to the same extent
			 as if the claim located under the general mining laws and maintained in
			 compliance with this Act were a lease under that Act.
				102.Hardrock mining
			 claim maintenance fee
				(a)Fee
					(1)Except as provided
			 in section 2511(e)(2) of the Energy Policy Act of 1992 (relating to oil shale
			 claims), for each unpatented mining claim, mill or tunnel site on federally
			 owned lands, whether located before, on, or after enactment of this Act, each
			 claimant shall pay to the Secretary, on or before August 31 of each year, a
			 claim maintenance fee of $300 per claim to hold such unpatented mining claim,
			 mill or tunnel site for the assessment year beginning at noon on the next day,
			 September 1. Such claim maintenance fee shall be in lieu of the assessment work
			 requirement contained in the Mining Law of 1872 (30 U.S.C. 28 et seq.) and the related
			 filing requirements contained in section 314(a) and (c) of the Federal Land
			 Policy and Management Act of 1976 (43 U.S.C. 1744(a)
			 and (c)).
					(2)(A)The claim maintenance
			 fee required under this subsection shall be waived for a claimant who certifies
			 in writing to the Secretary that on the date the payment was due, the claimant
			 and all related parties—
							(i)held not more than 10 mining
			 claims, mill sites, or tunnel sites, or any combination thereof, on public
			 lands; and
							(ii)have performed assessment work
			 required under the Mining Law of 1872 (30 U.S.C. 28 et seq.) to maintain the
			 mining claims held by the claimant and such related parties for the assessment
			 year ending on noon of September 1 of the calendar year in which payment of the
			 claim maintenance fee was due.
							(B)For purposes of subparagraph (A), with
			 respect to any claimant, the term all related parties
			 means—
							(i)the spouse and dependent children
			 (as defined in section 152 of the Internal Revenue Code of 1986), of the
			 claimant; or
							(ii)a person affiliated with the
			 claimant, including—
								(I)a person controlled by, controlling, or
			 under common control with the claimant; or
								(II)a subsidiary or parent company or
			 corporation of the claimant.
								(3)(A)The Secretary shall
			 adjust the fees required by this subsection to reflect changes in the Consumer
			 Price Index published by the Bureau of Labor Statistics of the Department of
			 Labor every 5 years after the date of enactment of this Act, or more frequently
			 if the Secretary determines an adjustment to be reasonable.
						(B)The Secretary shall provide claimants
			 notice of any adjustment made under this paragraph not later than July 1 of any
			 year in which the adjustment is made.
						(C)A fee adjustment under this paragraph
			 shall begin to apply the calendar year following the calendar year in which it
			 is made.
						(4)Moneys received under this subsection that
			 are not otherwise allocated for the administration of the mining laws by the
			 Department of the Interior shall be deposited in the Abandoned Mine Cleanup
			 Fund established by section 201(a).
					(b)Location
					(1)Notwithstanding
			 any provision of law, for every unpatented mining claim, mill or tunnel site
			 located after the date of enactment of this Act and before September 30, 1998,
			 the locator shall, at the time the location notice is recorded with the Bureau
			 of Land Management, pay to the Secretary a location fee, in addition to the fee
			 required by subsection (a) of $50 per claim.
					(2)Moneys received
			 under this subsection that are not otherwise allocated for the administration
			 of the mining laws by the Department of the Interior shall be deposited in the
			 Abandoned Mine Cleanup Fund established by section 201(a).
					(c)Transfer
					(1)Notwithstanding
			 any provision of law, for every unpatented mining claim, mill, or tunnel site
			 the ownership interest of which is transferred after the date of enactment of
			 this Act, the transferee shall, at the time the transfer document is recorded
			 with the Bureau of Land Management, pay to the Secretary a transfer fee, in
			 addition to the fee required by subsection (a) of $100 per claim.
					(2)Moneys received
			 under this subsection that are not otherwise allocated for the administration
			 of the mining laws by the Department of the Interior shall be deposited in the
			 Abandoned Mine Cleanup Fund established by section 201(a).
					(d)Co-ownershipThe
			 co-ownership provisions of the Mining Law of 1872 (30 U.S.C. 28 et seq.)
			 will remain in effect except that the annual claim maintenance fee, where
			 applicable, shall replace applicable assessment requirements and
			 expenditures.
				(e)Failure To
			 payFailure to pay the claim maintenance fee as required by
			 subsection (a) shall conclusively constitute a forfeiture of the unpatented
			 mining claim, mill or tunnel site by the claimant and the claim shall be deemed
			 null and void by operation of law.
				(f)Other
			 requirements
					(1)Nothing in this
			 section shall change or modify the requirements of section 314(b) of the
			 Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(b)), or the
			 requirements of section 314(c) of the Federal Land Policy and Management Act of
			 1976 (43 U.S.C. 1744(c)) related to filings required by section 314(b) of that
			 Act, which remain in effect.
					(2)Section 2324 of
			 the Revised Statutes of the United States (30 U.S.C. 28) is amended by inserting
			 or section 102 of the Abandoned Mine
			 Reclamation Act of 2009 after Act of
			 1993,.
					103.Reclamation
			 fee
				(a)Imposition of
			 fee
					(1)In
			 generalExcept as provided in paragraph (2), each operator of a
			 hardrock minerals mining operation shall pay to the Secretary, for deposit in
			 the Abandoned Mine Cleanup Fund established by section 201(a), a reclamation
			 fee of 0.3 percent of the gross income of the hardrock minerals mining
			 operation for each calendar year.
					(2)ExceptionWith
			 respect to any calendar year required under subsection (b), an operator of a
			 hardrock minerals mining operation shall not be required to pay the reclamation
			 fee under paragraph (1) if—
						(A)the gross annual
			 income of the hardrock minerals mining operation for the calendar year is an
			 amount less than $500,000; and
						(B)the hardrock
			 minerals mining operation is comprised of—
							(i)1
			 or more hardrock mineral mines located in a single patented claim; or
							(ii)2
			 or more contiguous patented claims.
							(b)Payment
			 deadlineThe reclamation fee shall be paid not later than 60 days
			 after the end of each calendar year beginning with the first calendar year
			 occurring after the date of enactment of this Act.
				(c)Deposit of
			 revenuesAmounts received by the Secretary under subsection
			 (a)(1) shall be deposited into the Abandoned Mine Cleanup Fund established by
			 section 201(a).
				(d)EffectNothing
			 in this section requires a reduction in, or otherwise affects, any similar fee
			 required under any law (including regulations) of any State.
				104.Effect of payments
			 for use and occupancy of claimsTimely payment of the claim maintenance fee
			 required by section 102(a) of this Act or any related law relating to the use
			 of Federal land, asserts the claimant’s authority to use and occupy the Federal
			 land concerned for prospecting and exploration, consistent with the
			 requirements of this Act and other applicable law.
			IIAbandoned Mine
			 Cleanup Fund
			201.Establishment of
			 Fund
				(a)EstablishmentThere is established on the books of the
			 Treasury of the United States a separate account to be known as the Abandoned
			 Mine Cleanup Fund (hereinafter in this title referred to as the
			 Fund).
				(b)InvestmentThe
			 Secretary shall notify the Secretary of the Treasury as to what portion of the
			 Fund is not, in the Secretary’s judgment, required to meet current withdrawals.
			 The Secretary of the Treasury shall invest such portion of the Fund in public
			 debt securities with maturities suitable for the needs of such Fund and bearing
			 interest at rates determined by the Secretary of the Treasury, taking into
			 consideration current market yields on outstanding marketplace obligations of
			 the United States of comparable maturities.
				202.Contents of
			 FundThe following amounts
			 shall be credited to the Fund:
				(1)All donations by
			 persons, corporations, associations, and foundations for the purposes of this
			 title.
				(2)All amounts
			 deposited in the Fund under section 101 (relating to royalties and penalties
			 for underreporting).
				(3)All amounts received by the United States
			 pursuant to section 102 as claim maintenance, location, and transfer fees minus
			 the moneys allocated for administration of the mining laws by the Department of
			 the Interior.
				(4)All amounts received by the Secretary in
			 accordance with section 103(a).
				(5)All income on
			 investments under section 201(b).
				203.Use and
			 objectives of the Fund
				(a)In
			 generalThe Secretary is authorized, without further
			 appropriation, to use moneys in the Fund for the reclamation and restoration of
			 land and water resources adversely affected by past mineral activities on lands
			 the legal and beneficial title to which resides in the United States, land
			 within the exterior boundary of any national forest system unit, or other lands
			 described in subsection (d), including any of the following:
					(1)Protecting public
			 health and safety.
					(2)Preventing, abating, treating, and
			 controlling water pollution created by abandoned mine drainage, including in
			 river watershed areas.
					(3)Reclaiming and
			 restoring abandoned surface and underground mined areas.
					(4)Reclaiming and
			 restoring abandoned milling and processing areas.
					(5)Backfilling,
			 sealing, or otherwise controlling, abandoned underground mine entries.
					(6)Revegetating land
			 adversely affected by past mineral activities in order to prevent erosion and
			 sedimentation, to enhance wildlife habitat, and for any other reclamation
			 purpose.
					(7)Controlling of
			 surface subsidence due to abandoned underground mines.
					(b)AllocationExpenditures of moneys from the Fund shall
			 reflect the following priorities in the order stated:
					(1)The protection of
			 public health and safety, from extreme danger from the adverse effects of past
			 mineral activities, especially as relates to surface water and groundwater
			 contaminants.
					(2)The protection of
			 public health and safety, from the adverse effects of past mineral
			 activities.
					(3)The restoration of land, water, and fish
			 and wildlife resources previously degraded by the adverse effects of past
			 mineral activities, which may include restoration activities in river watershed
			 areas.
					(c)HabitatReclamation
			 and restoration activities under this title, particularly those identified
			 under subsection (a)(4), shall include appropriate mitigation measures to
			 provide for the continuation of any established habitat for wildlife in
			 existence prior to the commencement of such activities.
				(d)Other affected
			 landsWhere mineral exploration, mining, beneficiation,
			 processing, or reclamation activities have been carried out with respect to any
			 mineral which would be a locatable mineral if the legal and beneficial title to
			 the mineral were in the United States, if such activities directly affect lands
			 managed by the Bureau of Land Management as well as other lands and if the
			 legal and beneficial title to more than 50 percent of the affected lands
			 resides in the United States, the Secretary is authorized, subject to
			 appropriations, to use moneys in the Fund for reclamation and restoration under
			 subsection (a) for all directly affected lands.
				(e)Response or
			 removal actionsReclamation
			 and restoration activities under this title which constitute a removal or
			 remedial action under section 101 of the Comprehensive Environmental Response,
			 Compensation, and Liability Act of 1980 (42 U.S.C. 9601), shall be conducted
			 with the concurrence of the Administrator of the Environmental Protection
			 Agency. The Secretary and the Administrator shall enter into a Memorandum of
			 Understanding to establish procedures for consultation, concurrence, training,
			 exchange of technical expertise and joint activities under the appropriate
			 circumstances, that provide assurances that reclamation or restoration
			 activities under this title shall not be conducted in a manner that increases
			 the costs or likelihood of removal or remedial actions under the Comprehensive
			 Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601
			 et seq.), and that avoid oversight by multiple agencies to the maximum extent
			 practicable.
				204.Eligible lands
			 and waters
				(a)EligibilityReclamation
			 expenditures under this title may be made with respect to Federal, State,
			 local, tribal, and private land or water resources that traverse or are
			 contiguous to Federal, State, local, tribal, or private land where such lands
			 or water resources have been affected by past mineral activities, including any
			 of the following:
					(1)Lands and water
			 resources which were used for, or affected by, mineral activities and abandoned
			 or left in an inadequate reclamation status before the effective date of this
			 Act.
					(2)Lands for which
			 the Secretary makes a determination that there is no continuing reclamation
			 responsibility of a claim holder, operator, or other person who abandoned the
			 site prior to completion of required reclamation under State or other Federal
			 laws.
					(b)Specific sites
			 and areas not eligibleThe provisions of section 411(d) of the
			 Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a(d)) shall
			 apply to expenditures made from the Fund.
				(c)Inventory
					(1)In
			 generalThe Secretary shall prepare and maintain a publicly
			 available inventory of abandoned locatable minerals mines on public lands and
			 any abandoned mine on Indian lands that may be eligible for expenditures under
			 this title, and shall deliver a yearly report to the Congress on the progress
			 in cleanup of such sites.
					(2)PriorityIn
			 preparing and maintaining the inventory described in paragraph (1), the
			 Secretary shall give priority to abandoned locatable minerals mines in
			 accordance with section 203(b).
					(3)Periodic
			 updatesNot later than 5 years after the date of enactment of
			 this Act, and every 5 years thereafter, the Secretary shall update the
			 inventory described in paragraph (1).
					205.ExpendituresMoneys available from the Fund may be
			 expended for the purposes specified in section 203 directly by the Director of
			 the Office of Surface Mining Reclamation and Enforcement. The Director may also
			 make such money available for such purposes to the Director of the Bureau of
			 Land Management, the Chief of the United States Forest Service, the Director of
			 the National Park Service, or Director of the United States Fish and Wildlife
			 Service, to any other agency of the United States, to an Indian tribe, or to
			 any public entity that volunteers to develop and implement, and that has the
			 ability to carry out, all or a significant portion of a reclamation program
			 under this title.
			206.Availability of
			 amountsAmounts credited to
			 the Fund shall—
				(1)be available,
			 without further appropriation, for obligation and expenditure; and
				(2)remain available
			 until expended.
				IIIEffective
			 date
			301.Effective
			 dateThis Act shall take
			 effect on the date of enactment of this Act, except as otherwise provided in
			 this Act.


109 HCON 104 IH: Congratulating Bode Miller for winning the 2004–2005 World Cup overall title in Alpine skiing.
U.S. House of Representatives
2005-03-17
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
109th CONGRESS
1st Session
H. CON. RES. 104
IN THE HOUSE OF REPRESENTATIVES

March 17, 2005
Mr. Bass submitted the following concurrent resolution; which was referred to the Committee on Government Reform

CONCURRENT RESOLUTION
Congratulating Bode Miller for winning the 2004–2005 World Cup overall title in Alpine skiing.

Whereas on March 12, 2005, Bode Miller became the first United States skier in 22 years to win the Alpine skiing World Cup overall title;
Whereas on the previous day Bode Miller won the World Cup super G title for the 2004-2005 season when he tied teammate Daron Rahlves for first place in the final super G race of the season;
Whereas Bode Miller won gold medals in the downhill and super G at the 2005 World Alpine Ski Championships in Bormio, Italy;
Whereas in the 2004-2005 season Bode Miller accomplished what only two other men have done in the history of the Alpine skiing World Cup by leading the overall standings from the season’s start to finish;
Whereas Bode Miller finished the 2004-2005 World Cup season with seven victories and became only the second athlete to win in all four disciplines (slalom, giant slalom, super G, and downhill) in a single season;
Whereas Bode Miller was raised in Easton, New Hampshire, began skiing at age 3 at nearby Cannon Mountain, and began competing at age 11;
Whereas in 1990 Bode Miller became a competitive ski racer at Carrabassett Valley Academy in Maine at age 13 and debuted in World Cup competition in 1998, finishing 11th in his first race;
Whereas Bode Miller has skied in every World Cup race over the last three seasons;
Whereas Bode Miller’s career accomplishments include the 2003-2004 World Cup giant slalom title, six World Cup victories in 2004, two gold medals and a silver medal at the 2003 World Alpine Ski Championships, two Olympic silver medals, and six U.S. National Championships gold medals; and
Whereas Bode Miller’s 2004-2005 championship season helped the entire U.S. Ski Team complete its most successful season ever by finishing second in the final 2005 Nations Cup standings: Now, therefore, be it

That the Congress—
(1)congratulates Bode Miller for winning the 2004-2005 World Cup overall title in Alpine skiing and establishing himself as the top Alpine skier in the world; and
(2)directs the Clerk of the House of Representatives to make available an enrolled copy of this resolution to Bode Miller.


110 HR 3595 IH: America's Teachers Tax Relief Act of

U.S. House of Representatives
2007-09-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 3595
		IN THE HOUSE OF REPRESENTATIVES

			September 19, 2007
			Mr. Lampson
			 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 make
		  permanent law the deduction for certain expenses of elementary and secondary
		  school teachers.

		1.Short titleThis Act may be cited as the
			 America's Teachers Tax Relief Act of
			 2007.
		2.Deduction for
			 certain expenses of elementary and secondary school teachers made permanent
			 law
			(a)In
			 generalSubparagraph (D) of section 62(a)(2) of the Internal
			 Revenue Code of 1986 (defining adjusted gross income) is amended by striking
			 In the case of taxable years beginning during 2002, 2003, 2004, 2005,
			 2006, or 2007, the deductions and inserting The
			 deductions.
			(b)Effective
			 dateThe amendment made by this section shall apply to taxable
			 years beginning after December 31, 2007.


113 SRES 168 ATS: Designating June 2013 as National Aphasia Awareness Month and supporting efforts to increase awareness of aphasia.
U.S. Senate
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.

		III
		113th CONGRESS
		1st Session
		S. RES. 168
		IN THE SENATE OF THE UNITED STATES

			June 12, 2013
			Mr. Johnson of South
			 Dakota (for himself and Mr.
			 Kirk) submitted the following resolution; which was considered and
			 agreed to

		RESOLUTION
		Designating June 2013 as National
		  Aphasia Awareness Month and supporting efforts to increase awareness of
		  aphasia.

		Whereas aphasia is a communication impairment caused by
			 brain damage that typically results from a stroke;
		Whereas aphasia can also occur with other neurological
			 disorders, such as a brain tumor;
		Whereas many people with aphasia also have weakness or
			 paralysis in the right leg and right arm, usually due to damage to the left
			 hemisphere of the brain, which controls language and movement on the right side
			 of the body;
		Whereas the effects of aphasia may include a loss of, or
			 reduction in, the ability to speak, comprehend, read, and write, but the
			 intelligence of a person with aphasia remains intact;
		Whereas, according to the National Institute of
			 Neurological Disorders and Stroke (referred to in this preamble as the
			 NINDS), strokes are the third-leading cause of death in the United
			 States, ranking behind heart disease and cancer;
		Whereas strokes are a leading cause of serious, long-term
			 disability in the United States;
		Whereas the NINDS estimates that there are approximately
			 5,000,000 stroke survivors in the United States;
		Whereas the NINDS estimates that people in the United
			 States suffer approximately 750,000 strokes per year, with about
			 1/3 of the strokes resulting in aphasia;
		Whereas, according to the NINDS, aphasia affects at least
			 1,000,000 people in the United States;
		Whereas the NINDS estimates that more than 200,000 people
			 in the United States acquire aphasia each year;
		Whereas the people of the United States should strive to
			 learn more about aphasia and to promote research, rehabilitation, and support
			 services for people with aphasia and aphasia caregivers throughout the United
			 States; and
		Whereas people with aphasia and their caregivers envision
			 a world that recognizes the silent disability of aphasia and
			 provides opportunity and fulfillment for people affected by aphasia: Now,
			 therefore, be it

		That the Senate—
			(1)designates June
			 2013 as National Aphasia Awareness Month;
			(2)supports efforts
			 to increase awareness of aphasia;
			(3)recognizes that
			 strokes, a primary cause of aphasia, are the third-largest cause of death and
			 disability in the United States;
			(4)acknowledges that
			 aphasia deserves more attention and study to find new solutions for people
			 experiencing aphasia and their caregivers;
			(5)supports efforts
			 to make the voices of people with aphasia heard, because people with aphasia
			 are often unable to communicate with others; and
			(6)encourages all
			 people in the United States to observe National Aphasia Awareness Month with
			 appropriate events and activities.


113 HR 419 IH: Taiwan Policy Act of 2013
U.S. House of Representatives
2013-01-25
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. 419
		IN THE HOUSE OF REPRESENTATIVES

			January 25, 2013
			Ms. Ros-Lehtinen (for
			 herself, Mr. Sires,
			 Mr. Diaz-Balart,
			 Mr. Connolly, and
			 Mr. Carter) introduced the following
			 bill; which was referred to the Committee
			 on Foreign Affairs, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To strengthen and clarify the commercial, cultural, and
		  other relations between the people of the United States and the people of
		  Taiwan, as codified in the Taiwan Relations Act, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Taiwan Policy Act of
			 2013.
		2.FindingsCongress finds the following:
			(1)The Taiwan
			 Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), enacted in 1979, has
			 continued for 34 years to be the cornerstone of United States–Taiwan relations
			 and has served as an anchor for peace and security in the Western Pacific
			 region.
			(2)The Taiwan
			 Relations Act, in furthering the national interests of the United States in the
			 Western Pacific region, has mandated that the United States will make available
			 to Taiwan such defense articles and defense services in such quantity as may be
			 necessary to enable Taiwan to maintain a sufficient self-defense capability,
			 thus allowing the people of Taiwan to preserve a peaceful, democratic, and
			 prosperous way of life.
			(3)The future of Taiwan must be determined in
			 a peaceful manner and with the assent of the people of Taiwan.
			(4)The Taiwan
			 Relations Act declares that—
				(A)peace and
			 stability in the Western Pacific area are in the political, security, and
			 economic interests of the United States, and are matters of international
			 concern;
				(B)the United States
			 decision to establish diplomatic relations with the People’s Republic of China
			 rests upon the expectation that the future of Taiwan will be determined by
			 peaceful means;
				(C)the United States
			 considers any effort to determine the future of Taiwan by other than peaceful
			 means, including by boycotts or embargoes, a threat to the peace and security
			 of the Western Pacific area and of grave concern to the United States;
				(D)the United States
			 will maintain the capacity to resist any resort to force or other forms of
			 coercion that would jeopardize the security, or the social or economic system,
			 of the people on Taiwan; and
				(E)the preservation
			 and enhancement of the human rights of all the people on Taiwan are reaffirmed
			 as objectives of the United States.
				(5)In recent years
			 United States–Taiwan relations have suffered from inattention and lack of
			 strategic vision, thereby requiring the Congress to both clarify United States
			 policy toward Taiwan and enhance its oversight role in the implementation of
			 the Taiwan Relations Act.
			(6)In its China Military Power Report for
			 2012, Taiwan’s Ministry of National Defense (MND) estimated that more than
			 1,600 ballistic and cruise missiles are now being aimed at Taiwan by the Second
			 Artillery Corps of the People’s Republic of China and other experts suggest
			 that this number could increase to 1,800 in the near future.
			(7)The anti-secession
			 law, passed by the National People’s Congress of the People’s Republic of
			 China, was found by House Concurrent Resolution 98, passed in the House of
			 Representatives on March 16, 2005, by a vote of 424–4, to create a legal
			 framework for possible use of force against Taiwan and to
			 provide a legal justification for the use of force against Taiwan, altering the
			 status quo in the region, and thus is of grave concern to the United
			 States..
			(8)The legislative
			 requirement to make available defense articles and defense services should
			 include the provision of new F–16 C/D aircraft and upgrades of existing F–16
			 A/B aircraft essential to Taiwan’s security.
			(9)The 2012 Department of Defense’s Annual
			 Report to Congress on Military and Security Developments Involving the People’s
			 Republic of China noted that preparing for contingencies in the Taiwan
			 Strait remains the principal focus and driver of much of China’s military
			 investment. In this context, over the past year, the [People’s Liberation Army]
			 continued to build the capabilities and develop the doctrine it considers
			 necessary to deter Taiwan from declaring independence; to deter, delay, and
			 deny effective U.S. intervention in a potential cross-Strait conflict; and to
			 defeat Taiwan forces in the event of hostilities..
			(10)The language
			 contained in the Joint Communiqué of the United States of America and the
			 People’s Republic of China, dated August 17, 1982, which states in part that
			 arms sales to Taiwan will not exceed, either in qualitative or in
			 quantitative terms, the level of those supplied in recent years shall
			 not, to any degree, diminish the responsibility of the United States, as
			 legislatively mandated in the Taiwan Relations Act, to make available to
			 Taiwan such defense articles and defense services in such quantity as may be
			 necessary to enable Taiwan to maintain a sufficient self-defense
			 capability..
			(11)The United States
			 has sought diplomatically to preserve Taiwan’s international space, despite
			 outside pressure and coercion, and has sought to secure Taiwan’s meaningful
			 participation in such international organizations as the World Health
			 Organization (WHO).
			(12)Given the
			 critical importance of airport security in a post-September 11th international
			 environment, the United States recognizes it is crucial for Taiwan to be
			 admitted to meaningful participation in the International Civil Aviation
			 Organization (ICAO) so that Taiwan may contribute to the success of a global
			 strategy to address aviation security threats based on effective international
			 cooperation.
			(13)Recognizing that the Taiwan Relations Act
			 stated that it is the policy of the United States to preserve and
			 promote extensive, close, and friendly commercial, cultural, and other
			 relations between the people of the United States and the people on
			 Taiwan the Secretary of Homeland Security announced on October 2, 2012,
			 the designation of Taiwan into the Visa Waiver Program (VWP)
			 with eligible Taiwan passport holders able to travel on the VWP beginning
			 November 1, 2012.
			(14)The conclusion of the Economic Cooperation
			 Framework Agreement (ECFA) between Taiwan and the People’s Republic of China in
			 June 2010 or the adoption of any other cross-Strait economic measures shall not
			 diminish in any degree the requirement contained in the Act to maintain
			 the capacity of the United States to resist any resort to force or other forms
			 of coercion that would jeopardize the security, or the social or economic
			 system, of the people on Taiwan..
			(15)The theory
			 recently put forward in certain academic circles that the United States should
			 acquiesce to China’s ascendancy in Asia and put aside the commitments made in
			 the Taiwan Relations Act is based upon a false premise that ignores the example
			 of a democratic Taiwan, the historic ties of friendship of the peoples of the
			 United States and Taiwan, and the determination of the United States to remain
			 as a Pacific power.
			(16)Total United States–Taiwan trade in 2011
			 was $67,200,000,000 and Taiwan was the 10th largest United States trading
			 partner and the 6th largest market for United States agricultural
			 exports.
			(17)It is in the
			 economic interests of the United States and the national security interests of
			 Taiwan for the peoples of the United States and Taiwan to further strengthen
			 and revitalize their trade and investment ties, including through an expanded
			 Trans-Pacific Partnership (TPP) Agreement or similar mechanism.
			3.Rule of
			 constructionNothing in this
			 Act shall be construed to amend or supersede the Taiwan Relations Act.
		IPolitical
			 Relations
			101.Relations with
			 the people of TaiwanThe
			 following shall be the policies of the United States:
				(1)Supporting Taiwan,
			 Taiwan’s democracy, and the human rights of its people.
				(2)As noted in the
			 Taiwan Relations Act, the absence of diplomatic relations or recognition
			 shall not affect the application of the laws of the United States with respect
			 to Taiwan, and the laws of the United States shall apply with respect to Taiwan
			 in the manner that the laws of the United States applied with respect to Taiwan
			 prior to January 1, 1979..
				(3)The United States
			 Government shall respect the right of the Taipei Economic and Cultural
			 Representative Office (TECRO) to display its flag on its premises and the
			 American Institute in Taiwan (AIT) and the residence of its Director in Taipei
			 shall, correspondingly, publicly display the United States flag in the same
			 manner as United States embassies, consulates, and official residences
			 throughout the world.
				(4)The Taipei
			 Economic and Cultural Representative Office and all other instrumentalities
			 established by Taiwan, including the Twin Oaks Estate, may conduct official
			 business activities, including activities which involve participation by
			 Members of the United States Congress and other representatives of the Federal,
			 State, and local governments, without any impediment from the United States
			 Government or any foreign power.
				102.Visits by
			 cabinet level officials
				(a)FindingsCongress finds the following:
					(1)Visits by United
			 States cabinet officials and other high-ranking visitors are an indicator of
			 the breadth and depth of ties between the United States and Taiwan.
					(2)In December 1992,
			 United States Trade Representative Carla Hills visited Taiwan, marking the
			 first cabinet-level visit since 1979.
					(3)Over the next 8
			 years the Administrator of the Small Business Administration, the Secretary of
			 Energy, and 2 Secretaries of Transportation visited Taiwan.
					(4)No United States
			 cabinet secretary has visited Taiwan since July 2000.
					(5)In March 2008,
			 candidate Barack Obama wrote in a message congratulating Ma Ying-jeou on his
			 election victory that [t]he U.S. should reopen blocked channels of
			 communication with Taiwan officials, however no Cabinet-level visits to
			 Taiwan have yet taken place.
					(b)Policy of the
			 United StatesIt shall be the
			 policy of the United States to encourage visits by cabinet-level officials
			 between the United States and Taiwan to foster commercial, technological, and
			 people-to-people exchanges.
				103.Revision of
			 guidelines for contacts with TaiwanNotwithstanding the 1994 Taiwan policy
			 review and current mandatory guidance from the Department of State regarding
			 contacts with Taiwan, it shall be the policy of the United States to—
				(1)permit senior
			 leaders of Taiwan to enter the United States under conditions which demonstrate
			 appropriate courtesy and respect for the dignity of such leaders;
				(2)permit meetings
			 between high-level Taiwanese and United States officials in all United States
			 executive departments;
				(3)allow official
			 travel to Taiwan for Department of State and Department of Defense personnel
			 above the rank of office director or, for uniformed military personnel, above
			 the level of 06 (Colonel, Navy Captain); and
				(4)support a decision
			 by Taiwan to change the name of the Taipei Economic and Cultural Representative
			 Office to that of the Taiwan Representative Office.
				104.Requirement for
			 Senate confirmation of an individual appointed to serve as the director of the
			 American institute in Taiwan
				(a)In
			 generalNotwithstanding any
			 other provision of law, the President shall appoint, by and with the advice and
			 consent of the Senate, an individual to serve as the Director of the American
			 Institute in Taiwan.
				(b)TransitionThe individual serving as the Director of
			 the American Institute in Taiwan as of the date of the enactment of this Act
			 may continue to serve in such capacity until such time as an individual is
			 appointed and confirmed in accordance with subsection (a).
				105.Extradition
			 agreement
				(a)In
			 generalIt shall be the
			 policy of the United States to enhance judicial cooperation with Taiwan,
			 currently conducted on the basis of the 2002 Agreement on Mutual Legal
			 Assistance in Criminal Matters, by signing a comprehensive extradition
			 agreement.
				(b)ReportNot
			 later than 180 days after the date of enactment of this Act, the President
			 shall transmit to Congress a report that assesses whether a comprehensive
			 extradition agreement between the United States and Taiwan may be submitted to
			 the Senate for advice and consent as a treaty or whether, because of Taiwan’s
			 unique status, such agreement must be submitted to both the House of
			 Representatives and Senate for legislative approval.
				106.Continuation of
			 the six assurances as guidelines in conducting United States–Taiwan
			 relationsNotwithstanding any
			 communiqués entered into between the United States and the People’s Republic of
			 China, the United States continues to assent to the six assurances provided to
			 Taiwan in July, 1982, including that the United States—
				(1)has not agreed to
			 set a date for ending arms sales to Taiwan;
				(2)has not agreed to
			 hold prior consultations with the People’s Republic of China on arms sales to
			 Taiwan;
				(3)will not play any
			 mediation role between Taipei and Beijing;
				(4)has not agreed to
			 revise the Taiwan Relations Act;
				(5)has not altered
			 its position regarding sovereignty over Taiwan; and
				(6)will not exert
			 pressure on Taiwan to negotiate with the People’s Republic of China.
				107.International
			 organizations
				(a)Annual
			 programTo provide Taiwan
			 with the international space it requires to function effectively in the world
			 community, the Secretary of State shall direct the Department of State to
			 continue its annual program to ensure meaningful participation by Taiwan in the
			 World Health Assembly in Geneva, Switzerland, as well as meaningful
			 participation for Taiwan in other relevant international organizations, such as
			 the International Civil Aviation Organization (ICAO).
				(b)Meaningful
			 participation by TaiwanThe
			 Secretary of State shall direct the United States Permanent Representative to
			 the United Nations to use the voice, vote, and influence of the United States
			 at the United Nations to ensure meaningful participation for Taiwan in relevant
			 United Nations Entities in which Taiwan has expressed an interest in
			 participating.
				108.Report on
			 Taiwan’s participation in ICAO
				(a)In
			 generalThe Secretary of
			 State shall initiate a United States plan to endorse and obtain meaningful
			 participation for Taiwan at the periodic Assemblies held by the International
			 Civil Aviation Organization (ICAO) in Montreal, Canada, including the 38th
			 Assembly to be held in September–October 2013, and in the meetings and
			 activities of the ICAO and shall instruct the United States delegation to
			 Montreal to implement such plan.
				(b)ReportNot
			 later than 180 days after the date of the enactment of this Act and annually
			 thereafter, the Secretary of State shall submit to Congress a report containing
			 the plan required under subsection (a).
				(c)FormThe
			 report required under subsection (b) shall be submitted in unclassified form,
			 but may contain a classified annex if necessary.
				(d)Annual
			 briefingThe Secretary of
			 State should provide an annual briefing to or consult with Congress on any
			 efforts conducted by the United States Government in support of Taiwan’s
			 progress toward meaningful participation in the ICAO.
				IISecurity
			 Relations
			201.Strengthening
			 the defense of Taiwan
				(a)Maintenance of
			 sufficient self-Defense capabilities of TaiwanCongress finds
			 that any determination of the nature and quantity of defense articles or
			 defense services to be made available to Taiwan that is made on any basis other
			 than the defense needs of Taiwan, whether pursuant to the August 17, 1982,
			 Communiqué signed with the People’s Republic of China, or any similar executive
			 agreement, order, or policy would violate the intent of Congress specified in
			 section 3(b) of the Taiwan Relations Act (22 U.S.C. 3302(b)).
				(b)Foreign military
			 sales and licensed defense exports under the Arms Export Control
			 ActCongress finds that, in accordance with the Taiwan Relations
			 Act, the core purpose of foreign military sales and licensed commercial exports
			 under the Arms Export Control Act should be to assist Taiwan in its ability
			 to—
					(1)deter
			 coercion;
					(2)defend against a
			 strategy of coercive diplomacy employing threats or limited force;
					(3)repel an invasion;
			 and
					(4)partner with civil
			 responders and friendly foreign militaries.
					(c)Defense
			 transfersIn order to accomplish the purposes of this section,
			 the President is authorized to make available to Taiwan defense articles or
			 defense services, including the following:
					(1)Air and air
			 defense capabilities, including—
						(A)low-cost,
			 survivable sensors;
						(B)command and
			 control systems;
						(C)modern surface to
			 air missiles;
						(D)upgrades to
			 existing modern combat aircraft as well as new combat aircraft, including
			 Vertical and Short Take-Off and Landing Aircraft (V/STOL);
						(E)radar, electronic
			 warfare, and jamming capabilities;
						(F)passive defense
			 measures (such as redundancy, dispersal, camouflage/deception, hardening, and
			 rapid repair capabilities); and
						(G)access to
			 satellites for remote sensing and communication.
						(2)Maritime
			 capabilities, including—
						(A)additional sensor
			 capacity for comprehensive maritime domain awareness;
						(B)cost-effective
			 submarines for anti-surface, anti-submarine warfare, and other missions;
						(C)mines and mine
			 countermeasure vessels; and
						(D)anti-ship cruise
			 missiles.
						(3)Ground
			 capabilities, including—
						(A)layers,
			 short-range air defense;
						(B)critical
			 infrastructure protection to ensure continuity of government;
						(C)air
			 mobility;
						(D)unmanned air
			 vehicles; and
						(E)accurate,
			 GPS-guided short-range rockets.
						(4)Capacity for
			 partnership with friendly foreign militaries, including—
						(A)command, control,
			 communications, computers, intelligence, surveillance, and reconnaissance
			 situational awareness systems;
						(B)enhanced doctrine
			 exchange; and
						(C)enhanced
			 senior-level training.
						(d)Rule of
			 construction relating to Arms Export Control ActNothing in this
			 section shall be construed to supersede or modify section 36 of the Arms Export
			 Control Act (22 U.S.C. 2776).
				202.Advanced combat
			 aircraft for Taiwan
				(a)Statement of
			 policyNotwithstanding the
			 upgrade of Taiwan's F–16 A/B aircraft, Taiwan will experience a growing
			 shortfall in fighter aircraft, particularly as its F–5 aircraft are retired
			 from service.
				(b)Authority To
			 accept letter of requestPursuant to the foreign military sales
			 program authorized by the Arms Export Control Act, the President is authorized
			 to accept a letter of request from Taiwan for price and availability data or
			 for a formal sales offer with respect to the F–16C/D Fighting Falcon multirole
			 fighter aircraft or other aircraft of similar capability, as may be necessary
			 to enable Taiwan to maintain a sufficient self-defense capability.
				203.Consultations
			 on Taiwan arms sales
				(a)BriefingsNot
			 later than 90 days after the date of the enactment of this Act and at least
			 annually thereafter, the Secretary of State, in consultation with the Secretary
			 of Defense, shall provide detailed briefings to Congress on—
					(1)any discussions
			 conducted between any executive branch agency and the Government of Taiwan
			 during a covered period; and
					(2)any potential
			 transfer to the Government of Taiwan of defense articles or defense
			 services.
					(b)DefinitionsIn
			 this section and section 201:
					(1)Covered
			 periodThe term covered period means, with respect
			 to—
						(A)the initial
			 briefing required under subsection (a), the period beginning on the date of the
			 enactment of this Act and ending on the date of such initial briefing;
			 and
						(B)subsequent
			 briefings required under such subsection, the period beginning on the day after
			 the date of the most recent briefing and ending on the date of any such
			 subsequent briefing.
						(2)Executive branch
			 agencyThe term executive branch agency has the
			 meaning given the term agency in section 551(1) of title 5, United
			 States Code.
					(3)Defense
			 articleThe term defense article has the meaning
			 given such term in section 47 of the Arms Export Control Act (22 U.S.C.
			 2794).
					(4)Defense
			 serviceThe term defense service has the meaning
			 given such term in section 47 of the Arms Export Control Act (22 U.S.C.
			 2794).
					204.Annual report
			 on defense transfers to Taiwan
				(a)In
			 generalNot later than 180
			 days after the date of the enactment of this Act and annually thereafter, the
			 President shall transmit to Congress a report—
					(1)detailing each of
			 Taiwan’s requests for purchase of defense articles and defense services during
			 the immediately preceding one-year period, whether submitted through a letter
			 of request (LOR) or conveyed by other authoritative means, except that the
			 first report under this section shall cover the period 2006 through
			 2011;
					(2)describing the
			 defense needs asserted by Taiwan as justification for such requests;
					(3)describing the
			 decisionmaking process used to reject, postpone, or modify any such request,
			 including—
						(A)with respect to
			 significant military equipment, the country team assessment and recommendation
			 as to whether the United States should sell such equipment; and
						(B)for each request,
			 the elapse of time between the submission of such request and the completion of
			 the interagency review process by the United States; and
						(4)detailing those
			 defense articles and defense services listed in the Arms Sale Proposal
			 described in section 25 of the Arms Export Control Act (22 U.S.C. 2765),
			 including a description of the rationale for including or not including in such
			 Proposal, as the case may be, all sales and licensed exports to Taiwan under
			 such Act of major weapons or weapons-related defense equipment for $7,000,000
			 or more, and the extent to which a decision to not include in such Proposal
			 such sales to Taiwan is consistent with such section.
					(b)FormThe
			 report required under subsection (a) shall be submitted in unclassified form,
			 but may contain a classified annex if necessary.
				205.Report on
			 implementation of Taiwan Relations Act
				(a)In
			 generalNot later than 180
			 days after the date of the enactment of this Act, the President shall submit to
			 Congress a report on implementation of United States security policy under the
			 Taiwan Relations Act.
				(b)Matters To be
			 includedThe report required under subsection (a) shall include,
			 at a minimum, the following:
					(1)A review of the
			 operational planning, policy reviews, and other preparations of the United
			 States since 2000 to implement section 2(b)(6) and subsections (a), (b), and
			 (c) of section 3 of the Taiwan Relations Act, including the extent to which the
			 United States retains the capacity to resist any resort to force or other forms
			 of coercion that would jeopardize the security, or the social or economic
			 system, of the people of Taiwan. Such review shall take into account whether
			 Taiwan’s air and air defense forces retain the ability to effectively defend
			 Taiwan against China’s ballistic missile and air threats, and the extent to
			 which the absence of credible Taiwanese air defense forces may complicate the
			 ability of the United States to resist any resort to force that jeopardizes the
			 security of Taiwan.
					(2)An evaluation of all gaps in relevant
			 knowledge about the capabilities and intentions of the People’s Republic of
			 China as such capabilities and intentions might affect the current and future
			 military balance between Taiwan and China, such as anti-access and area denial
			 capabilities as well as anti-satellite and space warfare developments,
			 including both classified United States intelligence information and Chinese
			 open source writing.
					(c)FormThe
			 report required under subsection (a) shall be submitted in unclassified form,
			 but may contain a classified annex if necessary.
				206.Naval Vessel
			 Transfer Authority
				(a)Transfer by
			 saleThe President is authorized to transfer the OLIVER HAZARD
			 PERRY class guided missile frigates USS TAYLOR (FFG–50), USS GARY (FFG–51), USS
			 CARR (FFG–52), and USS ELROD (FFG–55) to the Taipei Economic and Cultural
			 Representative Office of the United States (which is the Taiwan instrumentality
			 designated pursuant to section 10(a) of the Taiwan Relations Act (22 U.S.C.
			 3309(a))) on a sale basis under section 21 of the Arms Export Control Act (22
			 U.S.C. 2761).
				(b)Costs of
			 transfersAny expense incurred by the United States in connection
			 with a transfer authorized by this section shall be charged to the recipient
			 notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C.
			 2321j(e)).
				(c)Repair and
			 refurbishment in united states shipyardsTo the maximum extent
			 practicable, the President shall require, as a condition of the transfer of a
			 vessel under this section, that the recipient to which the vessel is
			 transferred have such repair or refurbishment of the vessel as is needed,
			 before the vessel joins the naval forces of that recipient, performed at a
			 shipyard located in the United States, including a United States Navy
			 shipyard.
				(d)Expiration of
			 authorityThe authority to transfer a vessel under this section
			 shall expire at the end of the 3-year period beginning on the date of the
			 enactment of this Act.
				IIIEconomic and
			 Trade Relations
			301.Trade and
			 investment framework agreementIt is the sense of Congress that, at the
			 earliest opportunity, the United States Trade Representative should seek to
			 resume and successfully conclude negotiations of economic issues in the Trade
			 and Investment Framework Agreement (TIFA) talks with Taiwan.
			302.Free trade
			 agreement
				(a)In
			 generalIt is the sense of
			 Congress that the ultimate goal of trade negotiations with Taiwan should be the
			 negotiation of a free trade agreement with Taiwan. As building blocks toward
			 that goal, the United States should study the feasibility of negotiating with
			 Taiwan a bilateral—
					(1)investment
			 agreement; and
					(2)tax
			 agreement.
					(b)ReportNot
			 later than 180 days after the date of enactment of this Act, the President
			 shall transmit to Congress a report that assesses whether economic and trade
			 agreements between the United States and Taiwan may be submitted to the Senate
			 for advice and consent as a treaty or whether, because of Taiwan’s unique
			 status, such agreements must be submitted to both the House of Representatives
			 and Senate for legislative approval.