110 HR 180 : Darfur Accountability and Divestment

U.S. House of Representatives
2007-08-03
text/xml
EN
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		IIB
		110th CONGRESS
		1st Session
		H. R. 180
		IN THE SENATE OF THE UNITED
		  STATES

			August 1, 2007
			Received

			August 3, 2007
			Read twice and referred to the Committee on Banking,
			 Housing, and Urban Affairs

		AN ACT
		To require the identification of companies
		  that conduct business operations in Sudan, to prohibit United States Government
		  contracts with such companies, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Darfur Accountability and Divestment
			 Act.
		2.FindingsThe Congress finds as follows:
			(1)In the 108th Congress, the House of
			 Representatives adopted House Concurrent Resolution 467 on July 22, 2004, by a
			 unanimous vote of 422–0, which—
				(A)declares that the
			 atrocities unfolding in the Darfur region of Sudan are genocide;
				(B)declares that the Government of Sudan has
			 violated the Convention on the Prevention and Punishment of the Crime of
			 Genocide;
				(C)urges the Administration to seriously
			 consider multilateral intervention to stop genocide in Darfur should the United
			 Nations Security Council fail to act; and
				(D)calls on the Administration to impose
			 targeted sanctions, including visa bans and the freezing of assets of the
			 Sudanese National Congress and affiliated business and individuals directly
			 responsible for the atrocities in Darfur.
				(2)In the 109th Congress, the House of
			 Representatives passed H.R. 3127, the Darfur Peace and Accountability Act of
			 2006, on April 5, 2006, by a vote of 416–3, which—
				(A)appeals to the
			 international community, including the United Nations, the European Union, and
			 the North Atlantic Treaty Organization (NATO), to immediately mobilize
			 sufficient political, military, and financial resources to support and expand
			 the African Union Mission in Sudan (AMIS);
				(B)blocks assets and restricts travel of any
			 individual the President determines is responsible for acts of genocide, war
			 crimes, or crimes against humanity in the Darfur region of Sudan; and
				(C)offers United States support for the
			 International Criminal Court's efforts to prosecute those responsible for acts
			 of genocide in Darfur.
				(3)On September 9, 2004, former Secretary of
			 State Colin Powell stated before the Committee on Foreign Relations of the
			 Senate that genocide was being committed in the Darfur region of Sudan and that
			 the Government of Sudan and the government-supported Janjaweed militias bear
			 responsibility for the genocide.
			(4)On September 21, 2004, President George W.
			 Bush affirmed the Secretary of State's finding in an address before the United
			 Nations General Assembly, stating that the world is witnessing terrible
			 suffering and horrible crimes in the Darfur region of Sudan, crimes the
			 Government of the United States has concluded are genocide.
			(5)On May 29, 2007, President George W. Bush
			 affirmed that the Government of Sudan is complicit in the bombing, murder, and
			 rape of innocent civilians in Darfur and again declared that these actions
			 rightfully constitute genocide.
			(6)Although the Government of the United
			 States currently bans United States companies from conducting business
			 operations in Sudan, millions of Americans are inadvertently supporting the
			 Government of Sudan by investing in foreign companies that conduct business
			 operations in Sudan that disproportionately benefit the Sudanese regime in
			 Khartoum.
			(7)Several States and governmental entities,
			 through legislation and other means, have expressed their desire, or are
			 considering measures—
				(A)to divest any equity in, or to refuse to
			 provide debt capital to, certain companies that operate in Sudan;
				(B)to disassociate themselves and the
			 beneficiaries of their public pension and endowment funds from directly or
			 indirectly supporting the Darfur genocide; and
				(C)to prohibit themselves from entering into
			 or renewing contracts for the procurement of goods or services with certain
			 companies that have a direct investment in, or conduct business operations in,
			 Sudan.
				(8)California, Colorado, Florida, Hawaii,
			 Indiana, Illinois, Iowa, Kansas, Maine, Minnesota, New Jersey, New York,
			 Oregon, Rhode Island, Texas and Vermont have passed legislation to divest State
			 funds from companies that conduct business operations in Sudan. Massachusetts,
			 Michigan, North Carolina, Ohio, Pennsylvania, South Carolina, and Wisconsin are
			 considering legislation to divest State funds from companies that conduct
			 business operations in Sudan. Arkansas, Connecticut, Maryland, and Ohio have
			 passed non-binding divestment legislation with respect to Sudan.
			(9)Denver, Colorado, Los Angeles, California,
			 Miami Beach, Florida, New Haven, Connecticut, Newton, Massachusetts,
			 Philadelphia, Pennsylvania, Pittsburgh, Pennsylvania, Providence, Rhode Island,
			 and San Francisco, California have passed legislation mandating divestment of
			 city funds from companies that conduct business operations in Sudan.
			(10)American University, Amherst College,
			 Andover Newton Theological School, Boston University, Bowdoin College, Brandeis
			 University, Brown University, Colby College, Columbia University, Connecticut
			 College, Cornell University, Dartmouth College, Drew University, Duke
			 University, Emory University, Hampton University, Harvard University, Hendrix
			 College, Howard University, Lee University, Massachusetts Institute of
			 Technology, Middlebury College, Nazareth College, Northwestern University,
			 Oberlin College, Queen’s University, Reconstructionist Rabbinical College,
			 Regis University, Samford University, Seton Hall, Smith College, Stanford
			 University, Swarthmore College, Trinity College, University of California,
			 University of Colorado, University of Connecticut, University of Denver,
			 University of Illinois, University of Maryland, University of Massachusetts,
			 University of Minnesota, University of Pennsylvania, University of Rochester,
			 University of Southern California, University of Vermont, University of
			 Virginia, University of Washington, University of Wisconsin System, Vassar
			 College, Wellesley College, Wheaton College, Williams College, and Yale
			 University have divested their funds from or placed restrictions on investment
			 of their funds in certain companies that conduct business operations in
			 Sudan.
			(11)Divestment has proven effective in similar
			 situations, as in 1986, when State pension funds and university endowments were
			 divested from companies that conducted business operations in South Africa,
			 which was critical to ending apartheid in that country, and by 1994, when the
			 first free elections in South Africa took place, a substantial number of
			 States, counties, cities, universities, and colleges in the United States had
			 adopted partial or total divestment policies.
			(12)Economic pressure against the Government of
			 Sudan has been effective in pushing Sudan to cooperate with the United States
			 on counterterrorism efforts and in part in agreeing to negotiations with the
			 Sudan People’s Liberation Army of South Sudan which resulted in the
			 Comprehensive Peace Agreement of 2005.
			(13)Congress acknowledges that divestment
			 should be used sparingly and under extraordinary circumstances. This Act is
			 based on unique circumstances, specifically, the reprehensible and abhorrent
			 genocide occurring in Sudan.
			(14)The business operations of companies in
			 countries that perpetrate grave abuses of human rights, especially the uniquely
			 monstrous crime of genocide, are of concern to many United States investors and
			 citizens even when these operations represent a small fraction of a company's
			 total business.
			(15)State and city pension funds have routinely
			 but unsuccessfully sought to acquire and utilize data from the Federal
			 Government on companies for investment decisions.
			(16)There is an increasing interest by States,
			 local governments, educational institutions, and private institutions to seek
			 to disassociate themselves from companies that support the Government of
			 Sudan.
			(17)Policy makers and fund managers may find
			 moral, prudential, or reputational reasons to divest from companies that accept
			 the business risk of operating in countries that are subject to international
			 economic sanctions or that have business relationships with countries,
			 governments, or entities with which any United States company would be
			 prohibited from dealing because of economic sanctions imposed by the United
			 States.
			(18)The world community has a moral obligation
			 to work to do everything possible to stop the ongoing genocidal practices of
			 the Government of Sudan in the Darfur region.
			3.Transparency in
			 capital markets
			(a)List of persons
			 directly investing in or conducting business operations in certain Sudanese
			 sectors
				(1)Publication of
			 listNot later than 6 months
			 after the date of the enactment of this Act and every 6 months thereafter, the
			 Secretary of the Treasury, in consultation with the Secretary of Energy, the
			 Secretary of State, the Securities and Exchange Commission, and the heads of
			 other appropriate Federal departments and agencies, shall, using only publicly
			 available (including proprietary) information, ensure publication in the
			 Federal Register of a list of each person, whether within or outside of the
			 United States, that, as of the date of the publication, has a direct investment
			 in, or is conducting, business operations in Sudan’s power production, mineral
			 extraction, oil-related, or military equipment industries, subject to paragraph
			 (2). To the extent practicable, the list shall include a description of the
			 investment made by each such person, including the dollar value, intended
			 purpose, and status of the investment, as of the date of the
			 publication.
				(2)ExceptionsThe
			 Secretary of the Treasury shall exclude a person from the list if all of the
			 business operations by reason of which the person would otherwise be included
			 on the list—
					(A)are conducted under contract directly and
			 exclusively with the regional government of southern Sudan;
					(B)are conducted under a license from the
			 Office of Foreign Assets Control, or are expressly exempted under Federal law
			 from the requirement to be conducted under such a license;
					(C)consist of providing goods or services to
			 marginalized populations of Sudan;
					(D)consist of
			 providing goods or services to an internationally recognized peacekeeping force
			 or humanitarian organization;
					(E)consist of
			 providing goods or services that are used only to promote health or
			 education;
					(F)are conducted by a person that has also
			 undertaken significant humanitarian efforts as described in section
			 10(14)(B);
					(G)have been voluntarily suspended; or
					(H)will cease within
			 1 year after the adoption of a formal plan to cease the operations, as
			 determined by the Secretary.
					(3)Consideration of
			 scrutinized business operationsThe Secretary of the Treasury should give
			 serious consideration to including on the list any company that has a
			 scrutinized business operation with respect to Sudan (within the meaning of
			 section 10(4)).
				(4)Prior notice to
			 personsThe Secretary of the
			 Treasury shall, at least 30 days before the list is published under paragraph
			 (1), notify each person that the Secretary intends to include on the
			 list.
				(5)Delay in
			 including persons on the listAfter notifying a person under paragraph
			 (4), the Secretary of the Treasury may delay including that person on the list
			 for up to 60 days if the Secretary determines and certifies to the Congress
			 that the person has taken specific and effective actions to terminate the
			 involvement of the person in the activities that resulted in the notification
			 under paragraph (4).
				(6)Removal of
			 persons from the listThe
			 Secretary of the Treasury may remove a person from the list before the next
			 publication of the list under paragraph (1) if the Secretary determines that
			 the person no longer has a direct investment in or is no longer conducting
			 business operations as described in paragraph (1).
				(7)Advance notice
			 to congressNot later than 30
			 days (or, in the case of the first such list, 60 days) before the date by which
			 paragraph (1) requires the list to be published, the Secretary of the Treasury
			 shall submit to the Committees on Financial Services, on Education and Labor,
			 and on Oversight and Government Reform of the House of Representatives and the
			 Committees on Banking, Housing, and Urban Affairs, on Health, Education, Labor,
			 and Pensions, and on Homeland Security and Governmental Affairs of the Senate a
			 copy of the list which the Secretary intends to publish under paragraph
			 (1).
				(b)Publication on
			 websiteThe Secretary of the
			 Treasury shall ensure that the list is published on an appropriate, publicly
			 accessible government website, updating the list as necessary to take into
			 account any person removed from the list under subsection (a)(6).
			(c)DefinitionIn this section, the term
			 investment has the meaning given in section 4(b)(3).
			4.Authority of
			 State and local governments to divest from certain companies directly invested
			 in certain Sudanese sectors
			(a)Statement of
			 policyIt is the policy of
			 the United States to support the decision of any State or local government to
			 divest from, and to prohibit the investment of assets controlled by the State
			 or local government in, persons on—
				(1)the list most
			 recently published under section 3(a)(1), as modified under section 3(a)(6);
			 or
				(2)any list developed
			 by the State or local government for the purpose of divestment from certain
			 persons described in subsection (b)(1)(B) of this section.
				(b)Authority to
			 divest
				(1)In
			 generalNotwithstanding any
			 other provision of law, a State or local government may adopt and enforce
			 measures to divest the assets of the State or local government from, or
			 prohibit investment of the assets of the State or local government in—
					(A)persons that are
			 included on the list most recently published under section 3(a)(1) of this Act,
			 as modified under section 3(a)(6) of this Act; or
					(B)persons having a direct investment in, or
			 carrying on a trade or business (within the meaning of
			 section
			 162 of the Internal Revenue Code of 1986) in Sudan or with the
			 Government of Sudan, if the measures require the State or local government, as
			 the case may be, to the maximum extent practicable, to—
						(i)provide written
			 notice to each person to whom the measures are to be applied; and
						(ii)not apply the measures to a person—
							(I)before the end of
			 the 90-day period beginning with the date written notice is provided to the
			 person pursuant to clause (i); or
							(II)if the person
			 demonstrates to the State or local government, as the case may be, that the
			 person is no longer involved in the activities by reason of which the measures
			 would otherwise be applied to the person.
							(2)ApplicabilityThis subsection applies to measures adopted
			 by a State or local government before, on, or after the date of the enactment
			 of this Act.
				(3)DefinitionsIn
			 this subsection:
					(A)InvestmentThe investment of assets
			 includes—
						(i)a commitment or
			 contribution of assets; and
						(ii)a loan or other
			 extension of credit of assets.
						(B)AssetsThe
			 term assets refers to public monies and includes any pension,
			 retirement, annuity, or endowment fund, or similar instrument, that is
			 controlled, directly or indirectly, by a State or local government.
					(c)PreemptionA
			 measure of a State or local government that is authorized by subsection (b) is
			 not preempted by any Federal law or regulation.
			5.Sense of the
			 CongressIt is the sense of
			 the Congress that a divestment measure authorized under section 4 or a measure
			 authorized under section 9 to prohibit State or local contracts would not
			 violate the United States Constitution because such a measure—
			(1)is not pre-empted
			 under the Supremacy Clause;
			(2)is authorized by
			 the Congress as an appropriate measure with regard to interstate or foreign
			 commerce; and
			(3)is authorized by
			 the Congress as a measure that promotes the foreign policy of the United
			 States.
			6.Safe harbor for
			 changes of investment policies by asset managersSection 13 of the Investment Company Act of
			 1940 (15 U.S.C.
			 80a–13) is amended by adding at the end the following new
			 subsection:

				(c)Safe harbor for
				changes in investment policiesNotwithstanding any other provision of
				Federal or State law, no person may bring any civil, criminal, or
				administrative action against any registered investment company or person
				providing services to such registered investment company (including its
				investment adviser), or any employee, officer, or director thereof, based
				solely upon the investment company divesting from, or avoiding investing in,
				securities issued by companies that are included on the list most recently
				published under section 3(a)(1) of the Darfur Accountability and Divestment
				Act, as modified under section 3(a)(6) of that Act. For purposes of this
				subsection the term person shall include the Federal government,
				and any State or political subdivision of a
				State.
				.
		7.Safe harbor for
			 changes of investment policies by employee benefit plansSection 404 of the Employee Retirement
			 Income Security Act of 1974 (29 U.S.C. 1104) is amended by
			 adding at the end the following new subsection:

				(n)No person shall be treated as breaching any
				of the responsibilities, obligations, or duties imposed upon fiduciaries by
				this title for divesting plan assets from, or avoiding investing plan assets
				in, persons that are included on the list most recently published under section
				3(a)(1) of the Darfur Accountability and Divestment Act, as modified under
				section 3(a)(6) of such Act. Any divestiture of plan assets from, or avoidance
				of investing plan assets in, persons that are included on such list shall be
				treated as in accordance with this title and the documents and instruments
				governing the
				plan.
				.
		8.Prohibition on
			 united states government contracts
			(a)ProhibitionNotwithstanding any other provision of law,
			 the Government of the United States shall not enter into or renew a contract
			 for the procurement of goods or services with persons that are included on the
			 list most recently published under section 3(a)(1), as modified under section
			 3(a)(6).
			(b)Waiver
			 authorityThe President may
			 waive the prohibition in subsection (a) on a case-by-case basis if the
			 President determines and certifies in writing to the Congress that it is
			 important to the national security interests of the United States to do
			 so.
			9.Authority of
			 State and local governments to prohibit contracts
			(a)Statement of
			 policyIt is the policy of the United States to support the
			 decision of any State or local government to prohibit the State or local
			 government, as the case may be, from entering into or renewing a contract as
			 described in subsection (b).
			(b)Authority to
			 prohibit contractsNotwithstanding any other provision of law, a
			 State or local government may adopt and enforce measures to prohibit the State
			 or local government, as the case may be, from entering into or renewing a
			 contract for the procurement of goods or services with persons that are
			 included on the list most recently published under section 3(a)(1), as modified
			 under section 3(a)(6).
			10.DefinitionsFor purposes of this Act:
			(1)PersonThe
			 term person, except in paragraph (6), means—
				(A)a natural person
			 as well as a corporation, company, business association, partnership, society,
			 trust, any other nongovernmental entity, organization, or group;
				(B)any governmental entity or instrumentality
			 of a government, including a multilateral development institution (as defined
			 in section 1701(c)(3) of the International Financial Institutions Act);
			 and
				(C)any successor,
			 subunit, or subsidiary of any entity described in subparagraph (A) or
			 (B).
				(2)StateThe
			 term State includes the District of Columbia, the Commonwealth
			 of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the
			 Commonwealth of the Northern Mariana Islands.
			(3)State or local
			 government
				(A)In
			 generalThe term State or local government
			 includes—
					(i)any
			 State and any agency or instrumentality thereof;
					(ii)any
			 local government within a State, and any agency or instrumentality
			 thereof;
					(iii)any other
			 governmental instrumentality; and
					(iv)any
			 public institution of higher education.
					(B)Public
			 institution of higher educationThe term public
			 institution of higher education means a public institution of higher
			 education within the meaning of the Higher Education Act of 1965.
				(4)Scrutinized
			 business operationA company
			 has a scrutinized business operation with respect to Sudan if—
				(A)(i)the company has business
			 operations that involve contracts with or provision of supplies or services
			 to—
						(I)the
			 Government of Sudan;
						(II)a
			 company in which the Government of Sudan has any direct or indirect equity
			 share;
						(III)a
			 consortium or project commissioned by the Government of Sudan; or
						(IV)a
			 company involved in a consortium or project commissioned by the Government of
			 Sudan; and
						(ii)(I)(aa)more than 10 percent of
			 the revenues or assets of the company that are linked to Sudan involve
			 oil-related activities or mineral extraction activities;
							(bb)less than 75 percent of the
			 revenues or assets of the company that are linked to Sudan involve contracts
			 with, or provision of oil-related or mineral extracting products or services to
			 the regional government of southern Sudan or a project or consortium created
			 exclusively by that regional government; and
							(cc)the company has failed to take
			 substantial action with respect to the business operations referred to in
			 clause (i) of this subparagraph or as described in subparagraph (B) or (C) of
			 paragraph (14); or
							(II)(aa)more than 10 percent of the revenues or
			 assets of the company that are linked to Sudan involve power production
			 activities;
							(bb)less than 75 percent of the power
			 production activities of the company include projects whose intent is to
			 provide power or electricity to the marginalized populations of Sudan;
			 and
							(cc)the company has failed to take substantial
			 action with respect to the business operations referred to in clause (i) of
			 this subparagraph or as described in subparagraph (B) or (C) of paragraph
			 (14);
							(B)the company supplies military equipment in
			 Sudan, unless the company clearly shows that—
					(i)the
			 military equipment cannot be used to facilitate offensive military actions in
			 Sudan; or
					(ii)the
			 company implements rigorous and verifiable safeguards to prevent use of the
			 equipment by forces actively participating in armed conflict, including
			 through—
						(I)post-sale tracking
			 of the equipment by the company;
						(II)certification
			 from a reputable and objective third party that such equipment is not being
			 used by a party participating in armed conflict in Sudan; or
						(III)sale of the
			 equipment solely to the regional government of southern Sudan or any
			 internationally recognized peacekeeping force or humanitarian organization;
			 or
						(C)the Secretary of
			 the Treasury has determined that the company has been complicit in the Darfur
			 genocide.
				(5)Business
			 operationsThe term
			 business operations means engaging in commerce in any form in
			 Sudan, including by acquiring, developing, maintaining, owning, selling,
			 possessing, leasing, or operating equipment, facilities, personnel, products,
			 services, personal property, real property, or any other apparatus of business
			 or commerce.
			(6)CompanyThe term company means any
			 natural person, legal person, sole proprietorship, organization, association,
			 corporation, partnership, firm, joint venture, franchisor, franchisee,
			 financial institution, utility, public franchise, trust, enterprise, limited
			 partnership, limited liability partnership, limited liability company, or other
			 business entity or association, including all wholly-owned subsidiaries,
			 majority-owned subsidiaries, parent companies, or affiliates of such business
			 entities or associations, that exists for profit-making purposes.
			(7)ComplicitThe
			 term complicit means has taken actions in the preceding 20
			 months which have directly supported or promoted the genocidal campaign in
			 Darfur, including preventing Darfur’s victimized population from communicating
			 with each other, encouraging Sudanese citizens to speak out against an
			 internationally approved security force for Darfur, actively working to deny,
			 cover up, or alter evidence of human rights abuses in Darfur, or other similar
			 actions.
			(8)Government of
			 sudanThe term
			 Government of Sudan means the government in Khartoum, Sudan,
			 which is led by the National Congress Party (formerly known as the National
			 Islamic Front) or any successor government formed on or after October 13, 2006
			 (including the coalition National Unity Government agreed upon in the
			 Comprehensive Peace Agreement for Sudan), and does not include the regional
			 government of southern Sudan.
			(9)Marginalized
			 populations of sudanThe term
			 marginalized populations of Sudan includes—
				(A)the portion of the
			 population in the Darfur region that has been victimized;
				(B)the portion of the
			 population of southern Sudan victimized by Sudan’s North-South civil
			 war;
				(C)the Beja,
			 Rashidiya, and other similarly affected groups of eastern Sudan;
				(D)the Nubian and
			 other similarly affected groups in Sudan’s Abyei, Southern Blue Nile, and Nuba
			 Mountain regions; and
				(E)the Amri, Hamadab,
			 Manasir, and other similarly affected groups of northern Sudan.
				(10)Military
			 equipmentThe term
			 military equipment means—
				(A)weapons, arms,
			 military supplies, and equipment that readily may be used for military
			 purposes, including radar systems or military-grade transport vehicles;
			 or
				(B)supplies or
			 services sold or provided directly or indirectly to any force actively
			 participating in armed conflict in Sudan.
				(11)Mineral
			 extraction activitiesThe
			 term mineral extraction activities includes—
				(A)exploring,
			 extracting, processing, transporting, or wholesale selling or trading of
			 elemental minerals or associated metal alloys or oxides (ore), including gold,
			 copper, chromium, chromite, diamonds, iron, iron ore, silver, tungsten,
			 uranium, and zinc, and
				(B)facilitating any
			 activity described in subparagraph (A), including by providing supplies or
			 services in support of the activity.
				(12)Oil-related
			 activities
				(A)In
			 generalExcept as provided in subparagraph (B), the term
			 oil-related activities includes—
					(i)exporting,
			 extracting, producing, refining, processing, exploring for, transporting,
			 selling, or trading oil;
					(ii)constructing,
			 maintaining, or operating a pipeline, refinery, or other oilfield
			 infrastructure; and
					(iii)facilitating any
			 activity described in clause (i) or (ii), including by providing supplies or
			 services in support of the activity.
					(B)Special
			 rules
					(i)A
			 company that is involved in the retail sale of gasoline or related consumer
			 products in Sudan but is not involved in any other activity described in
			 subparagraph (A) shall not be considered to be involved in an oil-related
			 activity.
					(ii)A
			 company that is involved in leasing, or that owns, rights to an oil block in
			 Sudan but is not involved in any other activity described in subparagraph (A)
			 shall not be considered to be involved in an oil-related activity.
					(13)Power
			 production activitiesThe
			 term power production activities means—
				(A)any business
			 operation that involves a project commissioned by the National Electricity
			 Corporation of Sudan or other similar Government of Sudan entity whose purpose
			 is to facilitate power generation and delivery, including establishing
			 power-generating plants or hydroelectric dams, selling or installing components
			 for the project, providing service contracts related to the installation or
			 maintenance of the project; and
				(B)facilitating an
			 activity described in subparagraph (A), including by providing supplies or
			 services in support of the activity.
				(14)Substantial
			 actionThe term
			 substantial action means—
				(A)adopting,
			 publicizing, and implementing a formal plan to cease scrutinized business
			 operations within 1 year after the date of the enactment of this Act, and
			 refraining from any new scrutinized business operations;
				(B)undertaking
			 significant humanitarian efforts—
					(i)in
			 conjunction with an international development or humanitarian organization, the
			 regional government of southern Sudan, or a non-profit entity;
					(ii)substantial in
			 relationship to the size and scope of the business operations with respect to
			 Sudan;
					(iii)of
			 benefit to 1 or more marginalized populations of Sudan; and
					(iv)evaluated and certified by an independent
			 third party to meet the requirements of clauses (i) through (iii); or
					(C)materially
			 improving conditions for the victimized population in Darfur.
				11.Sense of the
			 CongressIt is the sense of
			 the Congress that the governments of all other countries should adopt measures,
			 similar to those contained in this Act, to publicize the activities of all
			 persons that, through their financial dealings, knowingly or unknowingly enable
			 the Government of Sudan to continue to oppress and commit genocide against
			 people in the Darfur region and other regions of Sudan, and to authorize
			 divestment from, and the avoidance of further investment in, the
			 persons.
		12.SunsetThis Act shall terminate 30 days after the
			 date on which—
			(1)the President has
			 certified to Congress that—
				(A)the Darfur
			 genocide has been halted for at least 12 months; and
				(B)the Government of
			 Sudan has honored its commitments to—
					(i)abide by United
			 Nations Security Council Resolution 1706;
					(ii)cease attacks on
			 civilians;
					(iii)demobilize and
			 demilitarize the Janjaweed and associated militias;
					(iv)grant free and
			 unfettered access for delivery of humanitarian assistance; and
					(v)allow for the safe
			 and voluntary return of refugees and internally displaced persons; and
					(2)the United States
			 has revoked all sanctions against the Government of Sudan and the officials of
			 such government, including sanctions authorized by—
				(A)the Sudan Peace
			 Act (Public
			 Law 107–245);
				(B)the Comprehensive
			 Peace in Sudan Act of 2004 (Public Law
			 108–497);
				(C)the USA PATRIOT
			 Improvement and Reauthorization Act of 2005 (Public Law
			 109–177);
				(D)the Darfur Peace
			 and Accountability Act of 2006 (Public Law 109–344); and
				(E)any other Federal
			 law or Executive order.

			Passed the House of
			 Representatives July 31, 2007.
			Lorraine C. Miller,
			Clerk.


110 HR 1744 IH: To provide for a hospital in Cass County,

U.S. House of Representatives
2007-03-28
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. 1744
		IN THE HOUSE OF REPRESENTATIVES

			March 28, 2007
			Mr. Oberstar
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To provide for a hospital in Cass County,
		  Minnesota.

		1.Medicare critical access
			 hospital designationSection
			 405(h) of the Medicare Prescription Drug, Improvement, and Modernization Act of
			 2003 (Public Law 108–173; 117 Stat. 2269) is amended by adding at the end the
			 following new paragraph:

				(3)Exception
					(A)In
				generalThe amendment made by paragraph (1) shall not apply to
				the certification by the State of Minnesota on or after January 1, 2006, under
				section 1820(c)(2)(B)(i)(II) of the Social Security Act (42 U.S.C.
				1395i–4(c)(2)(B)(i)(II)) of one hospital that meets the criteria described in
				subparagraph (B) and is located in Cass County, Minnesota, as a necessary
				provider of health care services to residents in the area of the
				hospital.
					(B)Criteria
				describedA hospital meets the criteria described in this
				subparagraph if the hospital—
						(i)has been granted
				an exception by the State to an otherwise applicable statutory restriction on
				hospital construction or licensing prior to the date of enactment of this
				subparagraph; and
						(ii)is located on
				property which the State has approved for conveyance to a county within the
				State prior to such date of
				enactment.
						.


		II
		111th CONGRESS
		1st Session
		S. 2248
		IN THE SENATE OF THE UNITED STATES

			October 29, 2009
			Mrs. Feinstein
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend the temporary suspension of duty on
		  Bioallethrin.

		1.Bioallethrin
			(a)In
			 generalHeading 9902.24.32 of
			 the Harmonized Tariff Schedule of the United States (relating to Bioallethrin)
			 is amended by striking 12/31/2009 and inserting
			 12/31/2011.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies with respect to goods entered, or withdrawn from
			 warehouse for consumption, on or after the 15th day after the date of the
			 enactment of this Act.


114 S1950 IS: To amend the National Voter Registration Act of 1993 to provide for online voter registration and for other purposes.
U.S. Senate
2015-08-05
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.

		II
		114th CONGRESS1st Session
		S. 1950
		IN THE SENATE OF THE UNITED STATES

			August 5, 2015
			Mr. Schumer introduced the following bill; which was read twice and referred to the Committee on Rules and Administration

		A BILL
		To amend the National Voter Registration Act of 1993 to provide for online voter registration and
			 for other purposes.

		1.Federal online voter registration application form
 (a)In generalThe National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 6 the following new section:

					6A.Online voter registration
 (a)DevelopmentThe Election Assistance Commission shall, in consultation with chief election officers of the States, develop an online voter registration platform which—
 (1)contains an online version of the mail voter registration application form prescribed under section 9(a)(2) (in this section referred to as the online voter registration application form) that—
 (A)meets the requirements of section 9(b) and section 303(a)(4) of the Help America Vote Act of 2002; and
 (B)allows for the applicant to provide— (i)an identification number which the State or jurisdiction in which the applicant is registering may use to identify an existing signature of the applicant on file with such State or jurisdiction; or
 (ii)an electronic signature in such form or by such method as is acceptable by the State or jurisdiction to which the applicant is registering; and
									(2)(A)
 requires an applicant to indicate whether the applicant is currently registered to vote in any other jurisdiction (and, if so, to provide information identifying such other jurisdiction; and
 (B)in the case of an applicant who is registered to vote in another jurisdiction, treats submission and acceptance of such application in a new jurisdiction as a request under section 8(a)(3)(A) to cancel registration in such other jurisdiction.
								(b)Duties of Election Assistance Commission
 (1)Transmission of completed applications and cancellation requestsThe Election Assistance Commission shall automatically forward completed online voter registration application forms and cancellation requests pursuant to subsection (a)(2)(B) to the appropriate chief State election officials and, acting through such officials, to appropriate State and local election officials in the State.
 (2)Registration through State-based platformsIf the Election Assistance Commission confirms a certification of the chief election official of a State that the State has developed a platform that meets the requirements of subsection (a), the Election Assistance Commission shall automatically connect applicants for registration in that State to such State platform in lieu of the platform developed under subsection (a).
							(c)Acceptance of
 completed applicationsA State shall accept an online voter registration application form transmitted under subsection (b), and ensure that the individual is registered to vote in the State, if the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2).
 (d)Procedures if no existing electronic signatureIf a State does not accept an electronic signature for an individual registering online and there is insufficient information to identify an existing signature of the applicant on file with the State or jurisdiction, the State shall allow the individual to finalize the individual's registration by providing a signature at the poll prior to voting for the first time in such jurisdiction after acceptance of the online voter registration application form.
						(e)First-Time voters
 (1)In generalSubject to paragraph (2), a State may by law require a person to vote in person if— (A)the person registered to vote in a jurisdiction online under this section; and
 (B)the person has not previously voted in that jurisdiction. (2)ExceptionParagraph (1) does not apply in the case of a person—
 (A)who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act;
 (B)who is provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act;
 (C)who has provided sufficient information for the purposes of identifying an existing signature of the applicant on file with such State or jurisdiction; or
 (D)who is entitled to vote otherwise than in person under any other Federal law. (3)Application to States with all-mail votingNothing in this subsection shall be construed to prevent a State from conducting elections entirely by mail-in ballot..
			(b)Conforming
			 Amendments
 (1)State proceduresSection 4(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20503(a)) is amended— (A)by striking and at the end of paragraph (2);
 (B)by redesignating paragraph (3) as paragraph (4); and (C)by inserting after paragraph (2) the following new paragraph:

 (3)by online application pursuant to section 6A; and. (2)Timing of registrationSection 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended—
 (A)by striking and at the end of subparagraph (C);
 (B)by redesignating subparagraph (D) as subparagraph (E); and
 (C)by inserting after subparagraph (C) the following new subparagraph:

 (D)in the case of registration online under section 6A, if the valid voter registration application is submitted not later than the lesser of 20 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is completed online as the date on which it is submitted); and.
					(3)Informing
 applicants of eligibility requirements and penaltiesSection 8(a)(5) of such Act (52 U.S.C. 20507(a)(5)) is amended by striking and 7 and inserting 6A, and 7.
 (c)Applicability of online registrationSection 4(b) of such Act (52 U.S.C. 20503(b)) is amended by adding at the end the following new flush sentence:

					Notwithstanding the preceding sentence, subsection (a)(3) and sections 6A and 8(a)(1)(D) shall
			 continue to apply to
			 any State described in paragraph (2)..
			(d)Application of first time voter requirements under Help America Vote Act
 (1)In generalSection 303(b)(1)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by inserting or by online application after by mail.
 (2)ExceptionsSection 303(b)3) of such Act is amended— (A)in subparagraph (A), by inserting or who registers to vote by online application under section 6A of such Act before and submits, and
 (B)in subparagraph (B)(i), by inserting or who registers to vote by online application under section 6A of such Act before and submits. 2.Inclusion of online voter registration application in USPS Online Change of Address process (a)In generalThe Postmaster General shall ensure that the United States Postal Service Online Change of Address process—
 (1)incorporates the online voter registration platform developed under section 6A of the National Voter Registration Act of 1993, as added by section 1; and
 (2)allows individuals to register to vote during the process. (b)Transmission of completed applicationsThe Postmaster General shall coordinate with the Election Assistance Commission to ensure that applications and requests for cancellation through the platform under paragraph (1) are forwarded in accordance with section 6A(b)(1) of the National Voter Registration Act of 1993, as added by section 1.
 3.Voter registration deadlineSection 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended by striking 30 days each place it appears and inserting 28 days.


114 S683 IS: Compassionate Access, Research Expansion, and Respect States Act of 2015
U.S. Senate
2015-03-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 683IN THE SENATE OF THE UNITED STATESMarch 10, 2015Mr. Booker (for himself, Mrs. Gillibrand, and Mr. Paul) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo extend the principle of federalism to State drug policy, provide access to medical marijuana,
 and enable research into the medicinal properties of marijuana. 1.Short titleThis Act may be cited as the Compassionate Access, Research Expansion, and Respect States Act of 2015 or the CARERS Act of 2015.2.Federalism in drug policySection 708 of the Controlled Substances Act (21 U.S.C. 903) is amended—(1)by striking No provision and inserting the following:(a)In generalExcept as provided in subsection (b), no provision; and(2)by adding at the end the following:(b)Compliance with State lawNotwithstanding any other provision of law, the provisions of this title relating to marihuana shall not apply to any person acting in compliance with State law relating to the production, possession, distribution, dispensation, administration, laboratory testing, or delivery of medical marihuana..3.Rescheduling of marihuana(a)Removal from Schedule ISchedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended in subsection (c)—(1)by striking paragraphs (10) and (17);(2)by redesignating paragraphs (11) through (16) as paragraphs (10) through (15), respectively; and(3)by redesignating paragraphs (18) through (28) as paragraphs (16) through (26), respectively.(b)Listing in Schedule IISchedule II, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended by adding at the end the following:(d)Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of marihuana, including its salts, isomers, and salts of isomers..4.Exclusion of cannabidiol from definition of marihuanaSection 102 of the Controlled Substances Act (21 U.S.C. 802) is amended—(1)in paragraph (16)—(A)by striking or cake, or the sterilized and inserting cake, the sterilized; and(B)by adding , or cannabidiol before the period at the end; and(2)by adding at the end the following:(57)The term cannabidiol means the substance cannabidiol, as derived from marihuana or the synthetic formulation, that contains not greater than 0.3 percent delta-9-tetrahydrocannabinol on a dry weight basis..5.Cannabidiol determination by StatesSection 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following:(j)Cannabidiol determinationIf a person grows or processes marihuana for purposes of making cannabidiol in accordance with State law, the marihuana shall be deemed to meet the concentration limitation under section 102(57), unless the Attorney General determines that the State law is not reasonably calculated to comply with section 102(57)..6.Banking(a)DefinitionsIn this section—(1)the term depository institution means—(A)a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c));(B)a Federal credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or(C)a State credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752);(2)the term Federal banking regulator means each of the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the National Credit Union Administration, or any Federal agency or department that regulates banking or financial services, as determined by the Secretary of the Treasury;(3)the term financial service means a financial product or service as defined in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481);(4)the term manufacturer means a person who manufactures, compounds, converts, processes, prepares, or packages marijuana or marijuana products;(5)the term marijuana-related legitimate business means a manufacturer, producer, or any person that—(A)participates in any business or organized activity that involves handling marijuana or marijuana products, including selling, transporting, displaying, dispensing, or distributing marijuana or marijuana products; and(B)engages in such activity pursuant to a law established by a State or a unite of local government;(6)the term marijuana has the meaning given the term marihuana in section 102 of the Controlled Substances Act (21 U.S.C. 802), as amended by this Act;(7)the term marijuana product means any article that contains marijuana, including an article that is a concentrate, an edible, a tincture, a marijuana-infused product, or a topical;(8)the term producer means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of marijuana; and(9)the term State means each of the several States, the District of Columbia, Puerto Rico, and any territory or possession of the United States.(b)Safe harbor for
 depository institutionsA Federal banking regulator may not—(1)terminate or limit the deposit insurance of a depository institution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) or the Federal Credit Union Act (12 U.S.C. 1751 et seq.) solely because the depository institution provides or has provided financial services to a marijuana-related legitimate business;(2)prohibit, penalize, or otherwise discourage a depository institution from providing financial services to a marijuana-related legitimate business;(3)recommend, incentivize, or encourage a depository institution not to offer financial services to an individual, or to downgrade or cancel the financial services offered to an individual solely because—(A)the individual is a manufacturer or producer of marijuana;(B)the individual is the owner or operator of a marijuana-related legitimate business;(C)the individual later becomes an owner or operator of a marijuana-related legitimate business; or(D)the depository institution was not aware that the individual is the owner or operator of a marijuana-related legitimate business; or(4)take any adverse or corrective supervisory action on a loan to an owner or operator of—(A)a marijuana-related legitimate business solely because the owner or operator is a marijuana-related business; or(B)real estate or equipment that is leased to a marijuana-related legitimate business solely because the owner or operator of the real estate or equipment leased the real estate or equipment to a marijuana-related business.(c)Protections under
			 Federal law(1)Investigation
 and prosecutionA depository institution that provides financial services to a marijuana-related legitimate business, or the officers, directors, and employees of that business, shall be immune from Federal criminal prosecution or investigation for providing those services.(2)Federal criminal
 lawA depository institution that provides financial services to a marijuana-related legitimate business shall not be subject to a criminal penalty under any Federal law solely for providing those services or for further investing any income derived from such services.(3)ForfeitureA depository institution that has a legal interest in the collateral for a loan made to an owner or operator of a marijuana-related legitimate business, or to an owner or operator of real estate or equipment that is leased to a marijuana-related legitimate business, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan.(d)Exemption from
 filing suspicious activity reportsSection 5318(g) of title 31, United States Code, is amended by adding at the end the following:(5)Requirements for
 marijuana-related legitimate businessesIf a financial institution or any director, officer, employee, or agent of a financial institution reports a suspicious transaction pursuant to this subsection, and the reason for the report relates to a marijuana-related business, the Secretary shall require that such report complies with the requirements of the guidance issued by the Financial Crimes Enforcement Network titled BSA Expectations Regarding Marijuana-Related Businesses (FIN–2014–G001; published on February 14, 2014)..(e)Rule of
 constructionNothing in this section requires a depository institution to provide financial services to a marijuana-related legitimate business.7.Research(a)In generalNot later than 180 days after the date of enactment of this Act, the Secretary for Health and Human Services shall terminate the Public Health Service interdisciplinary review process described in the guidance entitled Guidance on Procedures for the Provision of Marijuana for Medical Research (issued on May 21, 1999).(b)Licenses for marijuana research Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Drug Enforcement Administration, shall issue not less than 3 licenses under section 303 of the Controlled Substances Act (21 U.S.C. 823) to manufacture marijuana and marijuana-derivatives for research approved by the Food and Drug Administration.8.Provision by Department of Veterans Affairs health care providers of recommendations and opinions
 regarding veteran participation in State marijuana programsNotwithstanding any other provision of law, the Secretary of Veterans Affairs shall authorize physicians and other health care providers employed by the Department of Veterans Affairs to—(1)provide recommendations and opinions to veterans who are residents of States with State marijuana programs regarding the participation of veterans in such State marijuana programs; and(2)complete forms reflecting such recommendations and opinions.


109 HR 1328 IH: For the relief of Adela and Darryl Bailor.
U.S. House of Representatives
2005-03-15
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.

V
109th CONGRESS 1st Session
H. R. 1328
IN THE HOUSE OF REPRESENTATIVES

March 15, 2005
Ms. Carson introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
For the relief of Adela and Darryl Bailor.

1.Compensation of certain losses
(a)PaymentThe Secretary of the Treasury shall pay, not later than 18 months after the date of the enactment of this Act, out of funds not otherwise appropriated, to Adela and Darryl Bailor the amount determined by the Attorney General under section 2(b).
(b)SettlementThe payment of this sum shall be in full settlement of all claims of Adela and Darryl Bailor arising from an incident on May 9, 1991, that is the subject of Case No. 94–2660 in the United States Court of Appeals for the 7th Circuit.
(c)No inference of liabilityNothing in this Act shall be construed as an inference of liability on the part of the United States.
(d)LimitationNo person shall have any claim on the amount described in this section, whether contractual, equitable or statutory, except for reasonable attorneys fees and expenses that do not exceed 10 percent of the amount paid under subsection (a).
2.Amount
(a)Transmittal of claimsNot later than 6 months after the date of the enactment of this Act, Adela and Darryl Bailor, or their representative, shall transmit to the Attorney General all claims for compensation referred to in section 1.
(b)Determination of the attorney generalNot later than 1 year after the date of the enactment of this Act, with appropriate consideration given to the claims transmitted under subsection (a), the Attorney General shall determine the amount that Adela and Darryl Bailor shall receive.


		III
		112th CONGRESS
		2d Session
		S. RES. 564
		IN THE SENATE OF THE UNITED STATES

			September 19, 2012
			Mrs. Feinstein (for
			 herself, Mr. Grassley,
			 Mr. Schumer, Mr. Udall of New Mexico, Mr. Blumenthal, Mr.
			 Portman, Mr. Coons,
			 Mr. Rockefeller,
			 Mr. Cornyn, Mr.
			 Manchin, Mr. Whitehouse,
			 Mr. Durbin, and Mr. Casey) submitted the following resolution; which
			 was considered and agreed to

		RESOLUTION
		Designating the month of October 2012 as
		  National Medicine Abuse Awareness Month.

		Whereas over-the-counter and prescription medicines
			 approved by the Food and Drug Administration have been determined to be safe
			 and effective when used properly;
		Whereas the misuse or abuse of these medicines can be
			 extremely dangerous and produce serious side effects;
		Whereas the Office of National Drug Control Policy reports
			 that medicine abuse is the fastest-growing drug problem in the United States,
			 and the Centers for Disease Control and Prevention has classified medicine
			 abuse as an epidemic;
		Whereas the 2011 Monitoring the Future survey, funded by
			 the National Institutes of Health, and the 2011 National Survey on Drug Use and
			 Health, sponsored by the Substance Abuse and Mental Health Services
			 Administration, both illustrate that, after marijuana, over-the-counter and
			 prescription medicines account for the most frequently abused drugs among 12th
			 graders;
		Whereas the access teenagers often have to prescription
			 medicines in home medicine cabinets and the lack of understanding by teenagers
			 of the potential harms of these powerful medicines make it more critical than
			 ever to raise public awareness about the dangers of medicine abuse;
		Whereas the Drug Enforcement Administration and many State
			 and local law enforcement agencies have established drug disposal programs
			 (commonly referred to as take-back programs) to facilitate the
			 collection and destruction of unused, unwanted, or expired medications, thereby
			 helping to take outdated or unused medications off household shelves and out of
			 the reach of children and teenagers;
		Whereas National Medicine Abuse Awareness Month promotes
			 the message that over-the-counter and prescription medicines are to be taken
			 only as labeled or prescribed, and that using such medicines to get high or in
			 large doses can cause serious or life-threatening consequences;
		Whereas observance of National Medicine Abuse Awareness
			 Month should be encouraged at the national, state, and local levels to increase
			 awareness of the abuse of medicines;
		Whereas a nationwide prevention and education campaign has
			 been launched by the national organization that represents 5,000 anti-drug
			 coalitions nationwide, along with the association representing makers of
			 over-the-counter medicines, to provide local coalitions with tools, training,
			 and outreach strategies to engage and educate parents, grandparents, teachers,
			 law enforcement officials, retailers, doctors, and other healthcare
			 professionals about the potential harms of cough medicine abuse; and
		Whereas educating the public about the dangers of medicine
			 abuse, encouraging parents to talk about medicine abuse with their teenagers,
			 mobilizing parents to safeguard their home medicine cabinets, and promoting
			 abuse prevention are critical components of what must be a multi-pronged effort
			 to curb over-the-counter and prescription medicine abuse: Now, therefore, be
			 it

		That the Senate—
			(1)designates the
			 month of October 2012 as National Medicine Abuse Awareness
			 Month; and
			(2)urges communities
			 to carry out appropriate programs and activities to educate parents and youth
			 of the potential dangers associated with medicine abuse.


115 HRES 338 IH: Recognizing the significance of Asian/Pacific American Heritage Month in May as an important time to celebrate the significant contributions of Asian Americans and Pacific Islanders to the history of the United States.
U.S. House of Representatives
2017-05-18
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.

IV115th CONGRESS1st SessionH. RES. 338IN THE HOUSE OF REPRESENTATIVESMay 18, 2017Ms. Judy Chu of California (for herself, Ms. Meng, Ms. Bordallo, Mr. Ted Lieu of California, Mr. Lowenthal, Mr. Takano, Mr. Sablan, Ms. Gabbard, Ms. Sánchez, Mr. Schiff, Ms. Speier, Mr. Vargas, Ms. Lee, Ms. Matsui, Mr. Peters, Mrs. Napolitano, Ms. Velázquez, Mr. Scott of Virginia, Ms. Hanabusa, and Mrs. Davis of California) submitted the following resolution; which was referred to the Committee on Oversight and Government ReformRESOLUTIONRecognizing the significance of Asian/Pacific American Heritage Month in May as an important time
			 to celebrate the significant contributions of Asian Americans and Pacific
			 Islanders to the history of the United States.

 Whereas the people of the United States join together each May to pay tribute to the contributions of generations of Asian Americans and Pacific Islanders who have enriched the history of the United States;
 Whereas the history of Asian Americans and Pacific Islanders in the United States is inextricably tied to the story of the United States;
 Whereas the Asian American and Pacific Islander community is an inherently diverse population, comprised of over 45 distinct ethnicities and over 100 language dialects;
 Whereas according to the United States Census Bureau, the Asian American population grew faster than any other racial or ethnic group over the last decade, surging nearly 46 percent between 2000 and 2010, a growth rate 4 times faster than the total United States population;
 Whereas there are approximately 21 million residents of the United States who identify themselves as Asian and approximately 1.5 million residents of the United States who identify themselves as Native Hawaiian or other Pacific Islander, making up nearly 6 percent of the total United States population;
 Whereas the month of May was selected for Asian/Pacific American Heritage Month because the first Japanese immigrants arrived in the United States on May 7, 1843, and the first transcontinental railroad was completed on May 10, 1869, with substantial contributions from Chinese immigrants;
 Whereas section 102 of title 36, United States Code, officially designates May as Asian/Pacific American Heritage Month and requests the President to issue an annual proclamation calling on the people of the United States to observe the month with appropriate programs, ceremonies, and activities;
 Whereas 2017 marks several important milestones for the Asian American and Pacific Islander community, including the—
 (1)135th anniversary of the passage of the Chinese Exclusion Act of 1882, which barred the entry of Chinese immigrants to the United States for more than half a century and spurred a series of anti-immigrant policies targeting immigration from the Asia-Pacific region;
 (2)75th anniversary of the signing of Executive Order 9066, which authorized the incarceration of over 120,000 people of Japanese ancestry during World War II;
 (3)35th anniversary of the murder of Vincent Chin, a Chinese American man beaten to death in Michigan by two White men angered by layoffs in the auto industry;
 (4)25th anniversary of Public Law 102–450, which designated the month of May as Asian/Pacific American Heritage Month; and (5)10th anniversary of the creation of the Asian American and Native American Pacific Islander Serving Institutions program, which was authorized under the College Cost Reduction and Access Act of 2007;
 Whereas Asian Americans and Pacific Islanders, such as Daniel K. Inouye, a Medal of Honor and Presidential Medal of Freedom recipient who, as President Pro Tempore of the Senate, was the highest-ranking Asian American government official in United States history, Dalip Singh Saund, the first Asian American Congressman, Patsy T. Mink, the first woman of color and Asian American woman to be elected to Congress, Hiram L. Fong, the first Asian American Senator, Daniel K. Akaka, the first Senator of Native Hawaiian ancestry, Norman Y. Mineta, the first Asian American member of a Presidential cabinet, and others have made significant contributions in both our government and military;
 Whereas the Congressional Asian Pacific American Caucus, a bicameral caucus of Members of Congress advocating on behalf of Asian Americans and Pacific Islanders, is composed of 50 Members this year, including 17 Members of Asian or Pacific Islander descent;
 Whereas in 2017, Asian Americans and Pacific Islanders are serving in State and Territorial legislatures across the United States in record numbers, including in the States of Alaska, Arizona, California, Connecticut, Georgia, Hawaii, Idaho, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and in the Territories of American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands;
 Whereas the number of Asian American and Pacific Islander Article III judges more than tripled between 2009 and 2017, reflecting a commitment to diversity in the Federal judiciary that has resulted in the confirmations of high caliber Asian American and Pacific Islander judicial nominees;
 Whereas there remains much to be done to ensure that Asian Americans and Pacific Islanders have access to resources and a voice in the Government of the United States and continue to advance in the political landscape of the United States; and
 Whereas celebrating Asian/Pacific American Heritage Month provides the people of the United States with an opportunity to recognize the achievements, contributions, history, and to understand the challenges faced by Asian Americans and Pacific Islanders: Now, therefore, be it

 That the House of Representatives— (1)recognizes the significance of Asian/Pacific American Heritage Month as an important time to celebrate the significant contributions of Asian Americans and Pacific Islanders to the history of the United States; and
 (2)recognizes that Asian American and Pacific Islander communities enhance the rich diversity of and strengthen the United States.


116 HR 4465 IH: Enhance School Safety Act
U.S. House of Representatives
2019-09-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4465IN THE HOUSE OF REPRESENTATIVESSeptember 24, 2019Mr. Tipton introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Elementary and Secondary Education Act of 1965 to allow local educational agencies to
			 use certain grant funds provided through the Student Support and Academic
			 Enrichment Program for school security measures, and for other purposes.

 1.Short titleThis Act may be cited as the Enhance School Safety Act. 2.Sense of CongressIt is the sense of Congress that giving local educational agencies the choice to use certain grant funds, provided through the Student Support and Academic Enrichment Program, for school security measures achieves the goals of providing all students with access to a well-rounded education, improving school conditions for student learning and safety, and ensuring a safe learning environment.
 3.Activities to support safe and healthy studentsSection 4108(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7118(5)) is amended—
 (1)in subparagraph (H), by striking or at the end; (2)in subparagraph (I), by striking the period at the end and inserting ; or; and
 (3)by adding at the end the following:  (J)the purchase and use of school security measures, including security cameras and metal detectors..


		IV
		111th CONGRESS
		1st Session
		H. RES. 155
		IN THE HOUSE OF REPRESENTATIVES

			February 11, 2009
			Mr. Filner (for
			 himself, Mr. Bilbray,
			 Mr. Honda,
			 Mr. Issa, and
			 Mr. Scott of Virginia) submitted the
			 following resolution; which was referred to the
			 Committee on Oversight and Government
			 Reform

		RESOLUTION
		Recognizing Filipino American Heritage
		  Month and celebrating the heritage and culture of Filipino Americans and their
		  immense contributions to the Nation.

		Whereas the first Filipinos to set foot in North America
			 arrived in the Morro Bay area, of what is now known as San Luis Obispo,
			 California, on board the Manila-built galleon ship Nuestra Senora de Esperanza
			 under the command of Spanish Captain Pedro de Unamuno;
		Whereas the first permanent Filipino settlement in North
			 America was established in 1763 in Saint Malo, Louisiana;
		Whereas Filipino Americans have been a part of the
			 American experience and have remained resolute and steadfast in the face of
			 many difficult times and challenges;
		Whereas 2,900,000 Americans of Philippine ancestry
			 currently live in the United States and more than 250,000 American citizens
			 live in the Philippines;
		Whereas Filipino Americans have made substantial
			 contributions to American society in the arts, sciences, music, and
			 literature;
		Whereas brave and courageous Filipinos and Filipino
			 Americans such as the 250,000 Filipinos fought under the United States flag
			 during World War II to protect and defend this country;
		Whereas the values and traditions of Filipino Americans
			 have had a positive impact upon American society; and
		Whereas it is essential to promote the understanding,
			 education, and appreciation of the history and culture of Filipino Americans in
			 the United States: Now, therefore, be it

		That the House of
			 Representatives—
			(1)recognizes the
			 celebration of Filipino American Heritage Month;
			(2)honors the
			 heritage and culture of Filipino Americans and their immense contributions to
			 the life of this Nation; and
			(3)urges the people
			 of the United States to observe Filipino American Heritage Month with
			 appropriate programs and activities.


		II
		111th CONGRESS
		1st Session
		S. 689
		IN THE SENATE OF THE UNITED STATES

			March 25, 2009
			Mrs. Hutchison (for
			 herself and Mr. Cardin) introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to clarify the
		  treatment of church pension plans, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Church Plan Clarification Act of
			 2009.
		2.Application of
			 controlled group rules to church plans
			(a)In
			 generalSection 414(c) of the
			 Internal Revenue Code of 1986 (relating to employees of partnerships,
			 proprietorships, etc., which are under common control) is amended—
				(1)by striking For purposes and
			 inserting the following:

						(1)In
				generalFor
				purposes
						,
				and
				(2)by adding at the end the following new
			 paragraph:

						(2)Church
				plansFor purposes of this subsection, in determining whether an
				employer who is otherwise eligible to participate in a church plan is treated
				as a member of a group of entities under common control, such employer
				(including an organization described in subsection (e)(3)(A)) shall not be
				treated as under common control with another entity if, based on all of the
				facts and circumstances, the day-to-day financial and operational activities
				are not under common control. In determining if such activities are under
				common control, the Secretary shall consider whether the entities have been
				historically viewed as distinct entities within the church or convention or
				association of
				churches.
						.
				(b)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning before, on, or after the date of the enactment of this
			 Act.
			3.Application of
			 contribution and funding limitations to 403(b)
			 grandfathered defined benefit plans
			(a)In
			 generalSection 251(e)(5) of
			 the Tax Equity and Fiscal Responsibility Act of 1982 (relating to special rule
			 for existing defined benefit arrangements), Public Law 97–248, is
			 amended—
				(1)by striking
			 403(b)(2) and inserting 403(b), and
				(2)by inserting
			 before the period at the end the following: , and shall be subject to
			 the applicable limitations of section 415(b) of such Code as if it were a
			 defined benefit plan under section 401(a) of such Code and not the limitations
			 of section 415(c) of such Code (relating to limitation for defined contribution
			 plans)..
				(b)Effective
			 dateThe amendments made by this section shall apply as if
			 included in the enactment of the Tax Equity and Fiscal Responsibility Act of
			 1982.
			4.Automatic
			 enrollment by church plans
			(a)In
			 generalFor purposes of section 514(e) of the Employee Retirement
			 Income Security Act of 1974 (29 U.S.C. 1114(e)), the term plan
			 shall include an employee benefit plan which is a church plan (as defined in
			 section 3(33) of such Act or section 414(e) of the Internal Revenue Code of
			 1986).
			(b)Effective
			 dateThis section shall take effect on the date of the enactment
			 of this Act.
			5.Allow certain
			 plan transfers and mergers
			(a)In
			 generalSection 414 of the
			 Internal Revenue Code of 1986 (relating to definitions and special rules) is
			 amended by adding at the end the following new subsection:

					(y)Certain plan
				transfers and mergers
						(1)In
				generalUnder rules prescribed by the Secretary, except as
				provided in paragraph (2), no amount shall be includible in gross income by
				reason of—
							(A)a transfer of all
				or a portion of the account balance of a participant or beneficiary, whether or
				not vested, from a plan described in section 401(a), or a retirement income
				account described in section 403(b)(9), which is a church plan described in
				section 414(e) to a retirement income account described in section 403(b)(9),
				if such plan and account are both maintained by the same church or convention
				or association of churches;
							(B)a transfer of all
				or a portion of the account balance of a participant or beneficiary, whether or
				not vested, from a retirement income account described in section 403(b)(9) to
				a plan described in section 401(a), or a retirement income account described in
				section 403(b)(9), which is a church plan described in section 414(e), if such
				plan and account are both maintained by the same church or convention or
				association of churches, or
							(C)a merger of a
				plan described in section 401(a), or a retirement income account described in
				section 403(b)(9), which is a church plan described in section 414(e) with a
				retirement income account described in section 403(b)(9), if such plan and
				account are both maintained by the same church or convention or association of
				churches.
							(2)LimitationParagraph
				(1) shall not apply to a transfer or merger unless the participant’s or
				beneficiary's benefit immediately after the transfer or merger is equal to or
				greater than the participant’s or beneficiary's benefit immediately before the
				transfer or merger.
						(3)QualificationA
				plan or account shall not fail to be considered to be described in sections
				401(a) or 403(b)(9) merely because such plan or account engages in a transfer
				or merger described in this subsection.
						(4)Definition of
				churchFor purposes of this subsection, the term
				church includes an organization described in subparagraph (A) or
				(B)(ii) of subsection
				(e)(3).
						.
			(b)Effective
			 dateThe amendment made by this section shall apply to transfers
			 or mergers occurring after the date of the enactment of this Act.
			6.Investments by
			 church plans in collective trusts
			(a)In
			 generalIn the case
			 of—
				(1)a church plan (as defined in section 414(e)
			 of the Internal Revenue Code 1986), including a plan described in section
			 401(a) of such Code and a retirement income account described in section
			 403(b)(9) of such Code, and
				(2)an organization described in section
			 414(e)(3)(A) of such Code the principal purpose or function of which is the
			 administration of such a plan or account,
				the assets
			 of such plan, account, or organization (including any assets otherwise
			 permitted to be commingled for investment purposes with the assets of such a
			 plan, account, or organization) may be invested in a group trust otherwise
			 described in Internal Revenue Service Revenue Ruling 81–100 (as modified by
			 Internal Revenue Service Revenue Ruling 2004–67), or any subsequent revenue
			 ruling that supersedes or modifies such revenue ruling, without adversely
			 affecting the tax status of the group trust, such plan, account, or
			 organization, or any other plan or trust that invests in the group
			 trust.(b)Effective
			 dateThis section shall apply to investments made after the date
			 of the enactment of this Act.


109 HR 1116 IH: Public Transportation Systems Vulnerability Assessment and Reduction Act of 2005
U.S. House of Representatives
2005-03-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1116
IN THE HOUSE OF REPRESENTATIVES

March 3, 2005
Ms. Millender-McDonald introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To direct the Secretary of Homeland Security to carry out activities to assess and reduce the vulnerabilities of public transportation systems.

1.Short titleThis Act may be cited as the Public Transportation Systems Vulnerability Assessment and Reduction Act of 2005.
2.Definitions In this Act, the following definitions apply:
(1)Frontline transit employeeThe term frontline transit employee means an employee of a mass transportation agency who is a bus or rail operator, mechanic, customer service representative, maintenance employee, or transit police or security officer and other individuals designated by the Secretary.
(2)Eligible transportation agencyThe term eligible transportation agency means a designated recipient as defined in section 5307(a) of title 49, United States Code, and any other transportation agency designated by the Secretary.
(3)SecretaryThe term Secretary means the Secretary of Homeland Security.
3.Administration of dutiesAll duties vested in the Secretary under this Act shall be carried out by the Secretary acting jointly with the Secretary of Transportation.
4.Public transportation systems vulnerability assessments
(a)AssessmentThe Secretary shall—
(1)conduct a review of all government assessments conducted after September 11, 2001, of terrorist-related threats to all forms of public transportation, including public gathering areas related to public transportation;
(2)ensure that the assessment of each public transportation system identifies—
(A)the critical assets of the system;
(B)threats to those assets;
(C)security weaknesses in the system and its assets;
(D)redundant and backup systems required to ensure the continued operation of critical elements of the system in the event of an attack or other incident; and
(E)the extent to which frontline transit employees have received training in security awareness and emergency preparedness and response procedures; and
(3)as necessary, conduct additional assessments of vulnerabilities associated with any public transportation system.
(b)Reports
(1)In generalNot later than 180 days after the date of enactment of this Act, the Secretary shall transmit to the President and Congress a report on the results of the review and assessments conducted under this subsection (a), including the Secretary’s recommendations for legislative and administrative actions.
(2)UpdatesThe Secretary shall update the report annually for 2 years and transmit the updated reports to the President and Congress.
5.Grants for emergency preparedness and response training of frontline transit employees
(a)In generalThe Secretary may make grants to eligible transportation agencies for—
(1)the training of frontline transit employees in emergency preparedness and response activities; and
(2)the acquisition of equipment and technologies, approved by the Secretary, to assist in carrying out such training and activities.
(b)Training activitiesTraining activities under subsection (a)(1) may include the teaching of best practice methods, planning, testing, drills, and the development of agency and regional emergency preparedness and response programs.
(c)ApplicationsTo be eligible for a grant under this section, an eligible transportation agency shall submit to the Secretary an application at the time and containing the information that the Secretary requires by regulation.
(d)Terms and conditionsA grant to an eligible transportation agency in a fiscal year under this section shall be subject to the following terms and conditions:
(1)Emergency management committeeThe agency shall certify that the agency will establish a committee on emergency preparedness and response training consisting of at least one frontline transit employee representative and at least one management employee representative. The committee shall be composed of an equal number of frontline transit employee representatives and management employee representatives. Committee positions shall not be vacant for any period in the fiscal year of more than 30 days.
(2)ReportThe agency shall agree to submit to the Secretary before the last day of the fiscal year a report on the use of the grant, including a statement of the number of frontline transit employees receiving training under the grant.
(e)Other requirementsExcept as otherwise specifically provided by this section, a grant under this section shall be subject to—
(1)the terms and conditions that apply to grants made under section 5307 of title 49, United States Code; and
(2)other terms and conditions determined by the Secretary.
(f)Allocation of grant amountsThe Secretary shall allocate amounts made available for grants under this section in a fiscal year among eligible transportation agencies based on the needs of the agencies for emergency preparedness and response training and equipment. Not less than 10 percent of such amounts shall be allocated to eligible transportation agencies in nonurban areas.
(g)Federal shareThe Federal share of the cost of activities funded using amounts from a grant under this section may not exceed 90 percent.
(h)RegulationsNot later than 6 months after the date of enactment of this Act, the Secretary shall issue final regulations to carry out this section.
6.Authorization of appropriationsThere is authorized to be appropriated to the Secretary of Homeland Security to carry out this Act $25,000,000 for each of fiscal years 2006 through 2009. Such amounts shall remain available until expended.