116 S3197 IS: Ending China's Exit Ban for American Citizens Act of 2020
U.S. Senate
2020-01-15
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.

II116th CONGRESS2d SessionS. 3197IN THE SENATE OF THE UNITED STATESJanuary 15, 2020Mr. Markey (for himself, Ms. Warren, Mr. Van Hollen, and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo revoke or deny visas to Chinese officials involved in the formulation or execution of a policy
			 that prevents innocent United States citizens from leaving China.

 1.Short titleThis Act may be cited as the Ending China's Exit Ban for American Citizens Act of 2020. 2.FindingsCongress finds the following:
 (1)According to the Integrated Country Strategy for the United States Mission to China, released on August 29, 2018—
 (A)Chinese law enforcement and security services employ extra-judicial means against U.S. citizens without regard to international norms; and
 (B)exit bans are sometimes used to prevent U.S. citizens who are not themselves suspected of a crime from leaving China as a means to pressure their relatives or associates who are wanted by Chinese law enforcement in the United States.
 (2)The Government of China has imposed exit bans on United States citizens in the context of criminal charges and private commercial disputes.
 (3)Imposing exit bans on foreign nationals is authorized by Article 28 of the Exit and Entry Administration Law of the People’s Republic of China, which—
 (A)lists the circumstances under which foreigners shall not be allowed to exit China, including other circumstances in which exit shall not be allowed in accordance with laws or administrative regulations; and
 (B)assigns responsibility for administering exit/entry matters to the Ministry of Public Security and the Ministry of Foreign Affairs, with public security organs responsible for administering the stay and residence of foreigners..
 (4)Such exit bans against United States citizens may violate Article 35 of the Consular Convention Between the United States of America and the People’s Republic of China, done at Washington September 17, 1980, which states that—
 (A)if a United States national is placed under any form of detention, the Government of China shall notify the United States consulate within 4 days; and (B)a United States consular officer is entitled to be informed of the reasons for which said national has been arrested or detained in any manner..
 (5)Such exit bans may also violate Article 36 of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and in effect in China as of August 1, 1979, which requires the Government of China to without delay, inform the consular post of the sending State if, within its consular district, a national of that State … is detained in any other manner..
 (6)Many United States citizens are not aware of a ban on their exit until they attempt to leave China and once they are made aware of the ban, Chinese authorities provide very little information to the United States citizen, or to United States consular officials regarding—
 (A)the nature of the ban; (B)which Chinese government entity is responsible for the ban; and
 (C)what procedures must be followed to resolve the dispute related to the ban. (7)The apparent extra-judicial application of exit bans to United States citizens presents a serious human rights concern that violates due process rights to which United States citizens are entitled under international law.
			3.Inadmissibility of certain aliens
 (a)Ineligibility for visasIf the Secretary of State determines that an official of the Government of China has been substantially involved in the formulation or execution of a policy that prohibits certain United States citizens from leaving China in an attempt to convince a relative of such citizens to submit himself or herself into the custody of the Government of China for prosecution, to compel United States citizens to participate in Chinese government investigations, or to aid the Government of China in resolving civil disputes in favor of Chinese parties—
 (1)such official may not be issued a visa to enter the United States or be admitted to the United States; and
 (2)any visa or other documentation to enter or to be present in the United States that was previously issued to such official shall be revoked by the Secretary of State, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)).
				(b)Termination of visa ineligibility
 (1)In generalThe Secretary of State may terminate visa ineligibility under subsection (a) with respect to an individual if the Secretary of State makes a determination that—
 (A)credible information exists that the individual did not engage in the activity for which visa ineligibility was imposed;
 (B)the individual has been prosecuted appropriately for the activity for which visa ineligibility was imposed;
 (C)the individual has— (i)credibly demonstrated a significant change in behavior;
 (ii)been subject to an appropriate consequence for the activity for which visa ineligibility was imposed; and
 (iii)credibly committed to not engage in an activity described in that subsection in the future; or (D)the termination of visa ineligibility is in the national security interests of the United States.
 (2)NotificationNot later than 15 days before the date on which visa ineligibility is terminated under paragraph (1) with respect to an individual, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that describes the justification for the termination.
				(c)Annual report to Congress
 (1)In generalNot later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary of State shall submit a report to the congressional committees listed in subsection (b)(2) that identifies—
 (A)to the extent practicable, all of the Chinese officials who were substantially involved in the formulation or execution of a policy that prohibits certain United States citizens from leaving China in an attempt—
 (i)to convince a relative of such citizens to submit himself or herself into the custody of the Government of China for prosecution;
 (ii)to compel United States citizens to participate in Chinese government investigations; or (iii)to aid the Government of China in resolving civil disputes in favor of Chinese parties;
 (B)the individuals who have had visas denied or revoked pursuant to subsection (a) during the preceding year, including the dates on which such denials or revocations were imposed or terminated, as applicable;
 (C)the number of United States citizens who the Government of China has prohibited from leaving China for any of the reasons described in subsection (a); and
 (D)for each of the United States citizens referred to in subparagraph (C), the period during which they have been forced to remain in China.
 (2)FormThe report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
 (3)Exclusion of personally identifiable informationThe Secretary of State may not include any personally identifying information of any United States citizen in any of the reports submitted to Congress under paragraph (1).
 (4)Privacy actAny information obtained by the Secretary of State to complete the report under this subsection shall be subject to section 552a of title 5, United States Code (commonly known as the Privacy Act).
				(d)Waiver for national interest
 (1)In generalThe Secretary of State may waive the application of subsection (a) in the case of an alien if the Secretary determines that such waiver—
 (A)is necessary to permit the United States to comply with the Agreement Regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947 (TIAS 1676), or any other applicable international obligation of the United States; or
 (B)is in the national interest of the United States. (2)NotificationUpon granting a waiver under paragraph (1), the Secretary of State shall submit a report to the congressional committees listed in subsection (b)(2) that—
 (A)details the evidence and justification for the necessity of such waiver; and
 (B)if such waiver is granted pursuant to paragraph (1)(B), explains how such waiver relates to the national interest of the United States.


		II
		110th CONGRESS
		2d Session
		S. 3357
		IN THE SENATE OF THE UNITED STATES

			July 29 (legislative
			 day, July 28), 2008
			Ms. Collins 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 certain
		  rayon staple fibers.

		1.Certain rayon staple
			 fibers
			(a)In
			 generalHeading 9902.55.04 of the Harmonized Tariff Schedule of
			 the United States is amended—
				(1)by striking the
			 date in the effective period column and inserting 12/31/2011;
			 and
				(2)by striking the
			 Free in the column 1 general rate of duty column and inserting
			 1.9%.
				(b)Effective
			 dateThe amendments made by this section apply 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.


IV
111th CONGRESS
2d Session
H. RES. 1436
In the House of Representatives, U. S.,

June 15, 2010

RESOLUTION
Providing for consideration of the bill (H.R. 5486) to amend the Internal Revenue Code of 1986 to provide tax incentives for small business job creation, and for other purposes; and providing for consideration of the bill (H.R. 5297) to create the Small Business Lending Fund Program to direct the Secretary of the Treasury to make capital investments in eligible institutions in order to increase the availability of credit for small businesses, and for other purposes.

That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 5486) to amend the Internal Revenue Code of 1986 to provide tax incentives for small business job creation, and for other purposes. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The bill shall be considered as read. All points of order against provisions in the bill are waived. The previous question shall be considered as ordered on the bill to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means; and (2) one motion to recommit.
2.
(a)At any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 5297) to create the Small Business Lending Fund Program to direct the Secretary of the Treasury to make capital investments in eligible institutions in order to increase the availability of credit for small businesses, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. General debate shall be confined to the bill and amendments specified in this subsection and shall not exceed one hour, with 30 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services and 30 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Small Business. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on Financial Services now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution modified by the amendment printed in part B of the report of the Committee on Rules. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. Notwithstanding clause 11 of rule XVIII, no amendment to that amendment in the nature of a substitute shall be in order except those printed in part C of the report of the Committee on Rules. Each amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question. All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
(b)The Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Financial Services or his designee. The Chair may not entertain a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII).
(c)In the engrossment of H.R. 5297, the Clerk is authorized to make technical and conforming changes to amendatory instructions.
3.
(a)In the engrossment of H.R. 5297, the Clerk shall—
(1)add the text of H.R. 5486, as passed by the House, as new matter at the end of H.R. 5297;
(2)conform the title of H.R. 5297 to reflect the addition to the engrossment of H.R. 5486;
(3)assign appropriate designations to provisions within the engrossment; and
(4)conform provisions for short titles within the engrossment.
(b)Upon the addition of the text of H.R. 5486 to the engrossment of H.R. 5297, H.R. 5486 shall be laid on the table.
4.The requirement of clause 6(a) of rule XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House is waived with respect to any resolution reported through the legislative day of June 18, 2010, providing for consideration or disposition of any Senate amendment to the House amendment to the Senate amendment to the bill (H.R. 4213) to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes.
5.It shall be in order at any time through the legislative day of June 18, 2010, for the Speaker to entertain motions that the House suspend the rules. The Speaker or her designee shall consult with the Minority Leader or his designee on the designation of any matter for consideration pursuant to this section.

Lorraine C. Miller,Clerk.


		II
		111th CONGRESS
		2d Session
		S. 3877
		IN THE SENATE OF THE UNITED STATES

			September 29, 2010
			Mr. Casey (for himself
			 and Mr. Harkin) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Port-to-Portal Act of 1947 to suspend the
		  statute of limitations for certain rights of action under the Fair Labor
		  Standards Act during investigations by the Secretary of Labor.

		1.Short titleThis Act may be cited as the
			 Wage Theft Prevention
			 Act.
		2.Tolling of
			 statute of limitationsSection
			 6 of the Portal-to-Portal Act (29 U.S.C. 255) is amended—
			(1)by striking the
			 period at the end inserting ; and; and
			(2)by adding at the
			 end the following:

					(e)with respect to any eventual cause of
				action described in this section, the running of the statutory periods of
				limitation set forth in this section shall be tolled from the date the
				Secretary of Labor provides notice to the employer of any investigation related
				to such cause of action, until the date the Secretary provides notice to the
				employer that such investigation has
				concluded.
					.


109 HR 1661 IH: To amend the Small Business Act and the Communications Act of 1934 to increase participation by small businesses in spectrum auctions conducted by the Federal Communications Commission.
U.S. House of Representatives
2005-04-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1661
IN THE HOUSE OF REPRESENTATIVES

April 14, 2005
Mr. Rush introduced the following bill; which was referred to the Committee on Small Business, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend the Small Business Act and the Communications Act of 1934 to increase participation by small businesses in spectrum auctions conducted by the Federal Communications Commission.

1.PurposeThe purpose of this Act is to increase telecommunications ownership opportunities for small businesses, including small businesses owned or controlled by socially disadvantaged individuals, through Small Business Administration participation in a market-oriented restructuring of the credit aspects of Federal Communications Commission telecommunications spectrum auctions.
2.Associate administrator for telecommunications finance
(a)In generalSection 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended—
(1)in the fifth sentence, by striking five and inserting six; and
(2)by adding at the end the following new sentence: One of the Associate Administrators shall be designated at the time of appointment as the Associate Administrator for Telecommunications Finance and shall have the qualifications and responsibilities specified in subsection (g)..
(b)Qualifications and responsibilitiesSection 4 of the Small Business Act (15 U.S.C. 633) is amended by adding at the end the following new subsection:

(g) Associate Administrator for Telecommunications Finance
(1)In generalThe Associate Administrator for Telecommunications Finance—
(A)shall be an employee in the competitive service or in the Senior Executive Service and a career appointee;
(B)shall be responsible to the Administrator for the supervision and management of financing in the area of telecommunications, including the programs and other activities under section 38 and section 39;
(C)shall establish, with respect to telecommunications concerns, the detailed definitions or standards referred to in section 3(a)(2);
(D)shall have authority—
(i)to prescribe maximum amounts for loan guarantees under any program under section 38 or 39;
(ii)to approve all loan guarantees in telecommunications; and
(iii)to approve all direct loans under section 38(a)(1); and
(E)in addition to any other duties under this Act, shall have authority to approve loan guarantees under section 7(a) with respect to Federal Communications Commission spectrum licenses acquired in the secondary market.
(2)Neutrality in choice of program by applicant for loan or loan guaranteeIn the administration of the Telecommunications Spectrum Installment Loan Program under section 38 and the Telecommunications Accelerated Certified Lender Program under section 39, the Associate Administrator for Telecommunications Finance shall observe strict neutrality as to the choice that a potential applicant may make as to the appropriateness of a program for the applicant. The choice of one program over the other shall be solely that of the applicant and the Associate Administrator shall neither encourage nor discourage any applicant in that choice..
3.Small Business Administration financing for entrepreneur participation in telecommunications spectrum auctions conducted by Federal Communications CommissionThe Small Business Act (15 U.S.C. 631 et seq.) is amended—
(1)by redesignating section 37 as section 40; and
(2)by inserting after section 36 the following new sections:

37.Telecommunications Finance Office
(a)In generalThere is established, within the Administration, an office to perform functions relating to the policies and programs of the Administration with respect to financing in the area of telecommunications. The office—
(1)shall be known as the Telecommunications Finance Office;
(2)shall be headed by the Associate Administrator for Telecommunications Finance under section 4(g);
(3)shall be staffed by employees who are from diverse backgrounds and who are highly skilled in the areas of telecommunications technology and telecommunications financing; and
(4)shall be the principal entity within the Administration for implementation of the programs under sections 38 and 39.
(b)FundingThe expenses of the Telecommunications Finance Office shall be paid from the Telecommunications Loan Guarantee Fund, established under section 715 of the Communications Act of 1934.
38.Telecommunications spectrum installment loan program
(a)In generalThere is established a program, to be known as the Telecommunications Spectrum Installment Loan Program, under which the Administrator—
(1)shall make direct loans to qualified telecommunications borrowers for acquisition of spectrum licenses through Federal Communications Commission auction; and
(2)shall guarantee loans to qualified telecommunications borrowers for telecommunications equipment and working capital in connection with any acquisition referred to in paragraph (1).
(b)Direct loan conditions
(1)Limitation on disbursementThe Administrator may not disburse any loan amount under subsection (a)(1) if the cost of the license involved exceeds the approved loan amount plus, as determined by the Administrator, cash available to the applicant for the purpose of paying the difference between the approved loan amount and the cost of the license.
(2)Interest at market rateThe rate of interest on a loan shall be the prime interest rate or such other competitive market rate as the Administrator determines to be appropriate.
(3)Interest-only periodThe Administrator, in accordance with criteria established by regulation, may provide, on a case-by-case basis, for an initial period during which a borrower under subsection (a)(1) shall pay interest only. In the case of such a determination, loan principal shall be amortized over the remainder of the loan term. The maximum interest-only period under this paragraph is 6 years.
(4)Maximum loan termThe term of any loan under subsection (a)(1) may not exceed the term of the spectrum license involved.
(c)Loan guarantee conditionThe Administrator may make loan guarantees under subsection (a)(2) to a borrower under subsection (a)(1) only for telecommunications equipment and working capital necessary to carry out the terms of the license to be financed.
(d)Security interest and forced sale conditions for direct loans and loan guaranteesThe Administrator shall require, as a condition of any direct loan under subsection (a)(1) and any loan guarantee under subsection (a)(2), that—
(1)any disbursement of a loan amount be fully protected by a secured interest in the proceeds of a sale or other assignment of the license involved; and
(2)the loan agreement contain specific measures by which, in the case of a default by the borrower, the lender may require the borrower to sell or otherwise assign the license.
(e)General applicability; waiver exceptionLoans and loan guarantees under this section shall be subject to all otherwise applicable provisions of this Act, except that the Administrator may waive any limitation on the amount of an individual loan or loan guarantee or on the total amount of loans or loan guarantees to a single borrower.
(f)Treasury accountThe Administrator shall notify the Secretary of the Treasury of each loan transaction entered into under subsection (a)(1). Upon receipt of notice under the preceding sentence, the Secretary shall establish an account in the Treasury for the loan.
(g)DefinitionsAs used in this section—
(1)the term qualified telecommunications borrower means a small business concern that, as determined by the Administrator, has, in addition to the other requirements of this Act, a level of specialized telecommunications expertise (including technical knowledge, business skill, and management experience) that is appropriate for the purpose for which the loan or guarantee involved is made; and
(2)the term Administrator means the Administrator, acting through the Associate Administrator for Telecommunications Finance.
(h)Collection of dataThe Administrator shall collect data with respect to the operation of the program under this section. The data so collected—
(1)shall be accumulated on a calendar year basis;
(2)shall be maintained in an electronic database;
(3)shall include information on the ethnicity, race, and sex of all applicants, whether the applications involved are approved, denied, withdrawn, or otherwise disposed of; and
(4)shall include other information that, as determined by the Administrator, is relevant to the disposition of applications.
(i)ReportNot later than December 31 of each year, the Administrator shall submit to the Congress a report, with respect to the preceding calendar year, of the status of the program under this section. The report shall include—
(1)a statistical analysis (without personal identifying information) of the diversity characteristics of applicants and borrowers under the program; and
(2)a probability analysis with respect to the diversity of applicants who receive loans under the program.
39.Telecommunications accelerated certified lender program
(a)In generalThere is established a program, to be known as the Telecommunications Accelerated Certified Lender Program, under which the Administrator—
(1)shall guarantee loans made to qualified telecommunications borrowers—
(A)for acquisition of spectrum licenses through Federal Communications Commission auction; and
(B)for acquisition of spectrum licenses in the secondary market for licenses originally acquired through Federal Communications Commission auction; and
(2)shall guarantee loans made to qualified telecommunications borrowers for telecommunications equipment and working capital in connection with any acquisition referred to in paragraph (1).
(b)FundingThe expenses of loan guarantees under subsection (a) shall be paid from the Telecommunications Loan Guarantee Fund, established under section 715 of the Communications Act of 1934.
(c)Approved lendersLoans guaranteed under this section shall be made by lenders that are insured depositary institutions and are approved by the Administrator. In evaluating an institution for approval, the Administrator shall take into consideration the financial stability of the institution, the experience and expertise of the institution in lending to telecommunications borrowers, and the need for diversity in the management and ownership of approved institutions.
(d)Loan guarantee conditions
(1)Limitation on disbursementThe Administrator shall require, as a condition of any loan guarantee under subsection (a)(1), that the lender may not disburse any loan amount if the cost of the license involved exceeds the approved loan amount plus, as determined by the Administrator, cash available to the applicant for the purpose of paying the difference between the approved loan amount and the cost of the license.
(2)Security interest and forced sale requirementsThe Administrator shall require, as a condition of any loan guarantee under subsection (a), that—
(A)any disbursement of a loan amount be fully protected by a secured interest in the proceeds of a sale or other assignment of the license involved; and
(B)the loan agreement contain specific measures by which, in the case of a default by the borrower, the lender may require the borrower to sell or otherwise assign the license.
(e)General applicability; waiver exceptionLoan guarantees under this section shall be subject to all otherwise applicable provisions of this Act, except that the Administrator may waive any limitation on the amount of an individual loan guarantee or on the total amount of loan guarantees to a single borrower.
(f)DefinitionsAs used in this section—
(1)the term qualified telecommunications borrower means a small business concern that, as determined by the Administrator, has, in addition to the other requirements of this Act, a level of specialized telecommunications expertise (including technical knowledge, business skill, and management experience) that is appropriate for the purpose for which the loan or guarantee involved is made; and
(2)the term Administrator means the Administrator, acting through the Associate Administrator for Telecommunications Finance.
(g)Collection of dataThe Administrator shall collect data with respect to the operation of the program under this section. The data so collected—
(1)shall be accumulated on a calendar year basis;
(2)shall be maintained in an electronic database;
(3)shall include information on the ethnicity, race, and sex of all applicants, whether the applications involved are approved, denied, withdrawn, or otherwise disposed of; and
(4)shall include other information that, as determined by the Administrator, is relevant to the disposition of applications.
(h)ReportNot later than December 31 of each year, the Administrator shall submit to the Congress a report, with respect to the preceding calendar year, of the status of the program under this section. The report shall include—
(1)a statistical analysis (without personal identifying information) of the diversity characteristics of applicants and borrowers under the program; and
(2)a probability analysis with respect to the diversity of applicants who receive loans under the program..
4.Telecommunications loan guarantee fund
(a)In generalTitle VII of the Communications Act of 1934 is amended by inserting after section 714 (42 U.S.C. 614) the following new section:

715.Telecommunications loan guarantee fund
(a)Establishment
(1)In generalThere is hereby established the Telecommunications Loan Guarantee Fund (hereafter in this section referred to as the Fund) in the Department of the Treasury under the control of the Secretary of the Treasury (hereafter in this section referred to as the Secretary).
(2)Initial capitalization of fundThe first $10,000,000,000 of proceeds received from the auction of spectrum licenses by the Federal Communications Commission after the date of the enactment of this section shall be deposited in the Fund and shall constitute the capitalization of the Fund.
(b)Maintenance of fund
(1)In generalAmounts in the Fund shall be deposited by the Secretary in depositaries designated by the Secretary which have also been designated by the Telecommunications Finance Office of the Small Business Administration as certified telecommunications lenders.
(2)InterestInterest paid by depositaries on amounts deposited in accordance with paragraph (1) shall be deposited in the Fund and be available for the purposes of the Fund.
(c)Purpose of FundAmounts in the Fund shall be available to meet any obligation of the Small Business Administration arising under a loan guarantee issued by the Telecommunications Finance Office of the Small Business Administration in connection with a loan under section 38(a)(2) or section 39(a) of the Small Business Act..
5.Participation in spectrum auctionsSection 309(j)(5) of the Communications Act of 1934 (47 U.S.C. 309(j)(5)) is amended—
(1)by striking No person and inserting the following:

(A)In generalNo person; and
(2)by adding at the end the following:

(B)Qualified telecommunications borrowersWith respect to any person that meets the qualification requirements of this paragraph and that is a qualified telecommunications borrower under section 38 or 39 of the Small Business Act, the Commission shall accept, in lieu of any upfront payment or earnest money deposit required by Commission regulation, a letter of credit provided to such borrower under such section that equals or exceeds the amount of such required payment or deposit. In any competitive bidding conducted under this subsection in which the Commission identifies any such qualified telecommunications borrower as the high bidder at the time of declaring that the bidding has closed, the Commission shall notify the Administrator of the Small Business Administration of the identity of such bidder, the amount of the high bid, and the total amount required to be deposited with the Commission to qualify for the award of the license under Commission regulations. In the case of a qualified telecommunications borrower under section 38, the amount of such deposit may be satisfied by debiting the loan account of the borrower at the Treasury..


117 S2632 IS: Guarantee Oversight and Litigation on Doping Act
U.S. Senate
2021-08-05
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.

II117th CONGRESS1st SessionS. 2632IN THE SENATE OF THE UNITED STATESAugust 5, 2021Mr. Whitehouse (for himself and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to include doping fraud as a predicate offense for racketeering and money laundering offenses, and for other purposes.1.Short titleThis Act may be cited as the Guarantee Oversight and Litigation on Doping Act or the GOLD Act.2.Sense of CongressIt is the sense of Congress that—(1)the punishment of Russia for persistent decades-long state-run doping fraud by the international sport governance structure has been insufficient and Russia's competing status as ROC at Tokyo 2020 demonstrates to authoritarian states around the world that systematic doping will be tolerated; and(2)aggressive enforcement of the Rodchenkov Anti-Doping Act of 2019 (21 U.S.C. 2401 et seq.) can create the deterrent required to curb doping fraud as the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd–1 et seq.) curbed foreign bribery and the Department of Justice and the Federal Bureau of Investigation should prioritize enforcement of the Rodchenkov Anti-Doping Act of 2019 (21 U.S.C. 2401 et seq.).3.Predicate offensesPart I of title 18, United States Code, is amended—(1)in section 1956(c)(7)(D)—(A)by striking or section 104(a) and inserting section 104(a); and (B)by inserting after North Korea) the following: , or section 3 of the Rodchenkov Anti-Doping Act of 2019 (21 U.S.C. 2402) (relating to prohibited activities with respect to major international doping fraud conspiracies); and(2)in section 1961(1)—(A)by striking or (G) any act and inserting (G) any act; and(B)by inserting after section 2332(b)(g)(5)(B) the following: , or (H) any act that is indictable under section 3 of the Rodchenkov Anti-Doping Act of 2019 (21 U.S.C. 2402).


		I
		112th CONGRESS
		2d Session
		H. R. 5615
		IN THE HOUSE OF REPRESENTATIVES

			May 8, 2012
			Mr. Himes (for
			 himself and Mr. Murphy of Connecticut)
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend title 4 of the United States Code to limit the
		  extent to which States may tax the compensation earned by nonresident
		  telecommuters.

		1.Short titleThis Act may be cited as the
			 Telecommuter Tax Fairness Act of
			 2012.
		2.Limitation on
			 State taxation of compensation earned by nonresident telecommuters
			(a)In
			 generalChapter 4 of title 4, United States Code, is amended by
			 adding at the end the following new section:

					127.Limitation on
				State taxation of compensation earned by nonresident telecommuters
						(a)In
				generalIn applying its income tax laws to the compensation of a
				nonresident individual, a State may deem such nonresident individual to be
				present in or working in such State for any period of time only if such
				nonresident individual is physically present in such State for such period and
				such State may not impose nonresident income taxes on such compensation with
				respect to any period of time when such nonresident individual is physically
				present in another State.
						(b)Determination of
				physical presenceFor purposes of determining physical presence,
				no State may deem a nonresident individual to be present in or working in such
				State on the grounds that—
							(1)such nonresident
				individual is present at or working at home for convenience, or
							(2)such nonresident
				individual’s work at home or office at home fails any convenience of the
				employer test or any similar test.
							(c)Determination of
				periods of time with respect to which compensation is paidFor
				purposes of determining the periods of time with respect to which compensation
				is paid, no State may deem a period of time during which a nonresident
				individual is physically present in another State and performing certain tasks
				in such other State to be—
							(1)time that is not
				normal work time unless such individual’s employer deems such period to be time
				that is not normal work time,
							(2)nonworking time
				unless such individual’s employer deems such period to be nonworking time,
				or
							(3)time with respect
				to which no compensation is paid unless such individual’s employer deems such
				period to be time with respect to which no compensation is paid.
							(d)DefinitionsAs
				used in this section—
							(1)StateThe
				term State means each of the several States (or any subdivision
				thereof), the District of Columbia, and any territory or possession of the
				United States.
							(2)Income
				taxThe term income tax has the meaning given such
				term by section 110(c).
							(3)Income tax
				lawsThe term income tax laws includes any statutes,
				regulations, administrative practices, administrative interpretations, and
				judicial decisions.
							(4)Nonresident
				individualThe term nonresident individual means an
				individual who is not a resident of the State applying its income tax laws to
				such individual.
							(5)EmployeeThe
				term employee means an employee as defined by the State in which
				the nonresident individual is physically present and performing personal
				services for compensation.
							(6)EmployerThe
				term employer means the person having control of the payment of an
				individual’s compensation.
							(7)CompensationThe
				term compensation means the salary, wages, or other remuneration
				earned by an individual for personal services performed as an employee or as an
				independent contractor.
							(e)No
				inferenceNothing in this section shall be construed as bearing
				on—
							(1)any tax laws other
				than income tax laws,
							(2)the taxation of
				corporations, partnerships, trusts, estates, limited liability companies, or
				other entities, organizations, or persons other than nonresident individuals in
				their capacities as employees or independent contractors,
							(3)the taxation of
				individuals in their capacities as shareholders, partners, trust and estate
				beneficiaries, members or managers of limited liability companies, or in any
				similar capacities, and
							(4)the income
				taxation of dividends, interest, annuities, rents, royalties, or other forms of
				unearned
				income.
							.
			(b)Clerical
			 amendmentThe table of sections of such chapter 4 is amended by
			 adding at the end the following new item:

						127. Limitation on State taxation of
				compensation earned by nonresident
				telecommuters.

					.
			(c)Effective
			 dateThe amendments made by this section shall take effect on the
			 date of the enactment of this Act.


		II
		Calendar No. 781
		110th CONGRESS
		2d Session
		S. 570
		[Report No. 110–349]
		IN THE SENATE OF THE UNITED
		  STATES

			February 13,
			 2007
			Mr. Warner (for himself and
			 Mr. Webb) introduced the following bill;
			 which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			June 16, 2008
			Reported by Mr.
			 Bingaman, with an amendment
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To designate additional National Forest
		  System lands in the State of Virginia as wilderness or a wilderness study area,
		  to designate the Kimberling Creek Potential Wilderness Area for eventual
		  incorporation in the Kimberling Creek Wilderness, to establish the Seng
		  Mountain and Bear Creek Scenic Areas, to provide for the development of trail
		  plans for the wilderness areas and scenic areas, and for other
		  purposes.

		1.Short title and table of contents
			(a)Short titleThis Act may be cited as the
			 Virginia Ridge and Valley Act of
			 2007.
			(b)Table of contentsThe table of contents for this Act is as
			 follows:

					Sec. 1. Short title and table of
				contents.
					Sec. 2. Designation of additional
				National Forest System lands in Jefferson National Forest, Virginia, as
				wilderness or a wilderness study area.
					Sec. 3. Designation of Kimberling Creek
				Potential Wilderness Area, Jefferson National Forest, Virginia.
					Sec. 4. Designation of Seng Mountain and
				Bear Creek Scenic Areas, Jefferson National Forest, Virginia.
					Sec. 5. Trail plan and
				development.

			2.Designation of additional National Forest
			 System lands in Jefferson National Forest, Virginia, as wilderness or a
			 wilderness study area
			(a)Designation of wildernessSection 1 of Public Law 100–326 (102 Stat.
			 584; 16 U.S.C. 1132 note), as amended by Public Law 106–471 (114 Stat. 2057),
			 is further amended—
				(1)in the matter preceding paragraph (1), by
			 striking System— and inserting System:;
				(2)by striking certain at the
			 beginning of paragraphs (1) through (8) and inserting
			 Certain;
				(3)by striking the semicolon at the end of
			 paragraphs (1) through (6) and inserting a period;
				(4)by striking ; and at the end
			 of paragraph (7) and inserting a period; and
				(5)by adding at the end the following new
			 paragraphs:

						(9)Certain lands in the Jefferson National
				Forest, which comprise approximately 3,769 acres, as generally depicted on the
				map entitled Brush Mountain and Brush Mountain East and dated
				February 2007, and which shall be known as the Brush Mountain East
				Wilderness.
						(10)Certain lands in the Jefferson National
				Forest, which comprise approximately 4,794 acres, as generally depicted on the
				map entitled Brush Mountain and Brush Mountain East and dated
				February 2007, and which shall be known as the Brush Mountain
				Wilderness.
						(11)Certain lands in the Jefferson National
				Forest, which comprise approximately 4,223 acres, as generally depicted on the
				map entitled Seng Mountain and Raccoon Branch and dated February
				2007, and which shall be known as the Raccoon Branch Wilderness.
						(12)Certain lands in the Jefferson National
				Forest, which comprise approximately 3,270 acres, as generally depicted on the
				map entitled Stone Mountain and dated February 2007, and which
				shall be known as the Stone Mountain Wilderness.
						(13)Certain lands in the Jefferson National
				Forest, which comprise approximately 8,470 acres, as generally depicted on the
				map entitled Hunting Camp Creek and Garden Mountain and dated
				February 2007, and which shall be known as the Hunting Camp Creek
				Wilderness.
						(14)Certain lands in the Jefferson National
				Forest, which comprise approximately 3,291 acres, as generally depicted on the
				map entitled Hunting Camp Creek and Garden Mountain and dated
				February 2007, and which shall be known as the Garden Mountain
				Wilderness.
						(15)Certain lands in the Jefferson National
				Forest, which comprise approximately 5,476 acres, as generally depicted on the
				map entitled Mountain Lake Additions and dated February 2007,
				and which are hereby incorporated in the Mountain Lake Wilderness designated by
				section 2(6) of the Virginia Wilderness Act of 1984 (Public Law 98–586; 98
				Stat. 3105).
						(16)Certain lands in the Jefferson National
				Forest, which comprise approximately 308 acres, as generally depicted on the
				map entitled Lewis Fork Addition and Little Wilson Creek
				Additions and dated February 2007, and which are hereby incorporated in
				the Lewis Fork Wilderness designated by section 2(3) of the Virginia Wilderness
				Act of 1984 (Public Law 98–586; 98 Stat. 3105).
						(17)Certain lands in the Jefferson National
				Forest, which comprise approximately 1,845 acres, as generally depicted on the
				map entitled Lewis Fork Addition and Little Wilson Creek
				Additions and dated February 2007, and which are hereby incorporated in
				the Little Wilson Creek Wilderness designated by section 2(5) of the Virginia
				Wilderness Act of 1984 (Public Law 98–586; 98 Stat. 3105).
						(18)Certain lands in the Jefferson National
				Forest, which comprise approximately 2,249 acres, as generally depicted on the
				map entitled Shawvers Run Additions and dated February 2007, and
				which are hereby incorporated in the Shawvers Run Wilderness designated by
				paragraph (4).
						(19)Certain lands in the Jefferson National
				Forest, which comprise approximately 1,203 acres, as generally depicted on the
				map entitled Peters Mountain Addition and dated February 2007,
				and which are hereby incorporated in the Peters Mountain Wilderness designated
				by section 2(7) of the Virginia Wilderness Act of 1984 (Public Law 98–586; 98
				Stat. 3105).
						(20)Certain lands in the Jefferson National
				Forest, which comprise approximately 263 acres, as generally depicted on the
				map entitled Kimberling Creek Additions and Potential Wilderness
				Area and dated February 2007, and which are hereby incorporated in the
				Kimberling Creek Wilderness designated by section 2(2) of the Virginia
				Wilderness Act of 1984 (Public Law 98–586; 98 Stat.
				3105).
						.
				(b)Designation of wilderness study
			 areaSection 6(a) of the
			 Virginia Wilderness Act of 1984 (Public Law 98–586; 98 Stat. 3108) is
			 amended—
				(1)by striking certain at the
			 beginning of paragraphs (1) through (4) and inserting
			 Certain;
				(2)by striking the semicolon at the end of
			 paragraphs (1) and (2) and inserting a period;
				(3)by striking ; and at the end
			 of paragraph (3) and inserting a period; and
				(4)by adding at the end the following new
			 paragraph:

						(5)Certain lands in the Jefferson National
				Forest, which comprise approximately 3,226 acres, as generally depicted on a
				map entitled Lynn Camp Creek Wilderness Study Area and dated
				February 2007, and which shall be known as the Lynn Camp Creek Wilderness Study
				Area.
						.
				(c)Maps and legal descriptions
				(1)FilingAs soon as practicable after the date of
			 the enactment of this Act, the Secretary of Agriculture shall file with the
			 Committee on Agriculture, Nutrition, and Forestry of the Senate and the
			 Committee on Natural Resources and the Committee on Agriculture of the House of
			 Representatives a map and legal description of each wilderness area designated
			 or expanded by the amendments made by subsection (a) and of the Lynn Camp Creek
			 Wilderness Study Area designated by the amendment made by subsection
			 (b).
				(2)Force and effectThe maps and legal descriptions referred to
			 in paragraph (1) shall have the same force and effect as if included in this
			 Act, except that the Secretary of Agriculture may correct clerical and
			 typographical errors in the maps and descriptions. In the case of any
			 discrepancy between the acreage specified in the amendments made by subsection
			 (a) or (b) and the corresponding map filed under paragraph (1), the map shall
			 control.
				(3)AvailabilityThe maps and legal descriptions referred to
			 in paragraph (1) shall be on file and available for public inspection in the
			 Office of the Chief of the Forest Service.
				(d)Administration
				(1)New wilderness areasSubject to valid existing rights, the
			 Secretary of Agriculture shall administer the lands in the Jefferson National
			 Forest designated as a new wilderness area by the amendments made by subsection
			 (a) in accordance with this section and the Wilderness Act (16 U.S.C. 1131 et
			 seq.), except that, with respect to such lands, any reference in the Wilderness
			 Act to the effective date of that Act shall be deemed to be a reference to the
			 date of the enactment of this Act.
				(2)Expanded wilderness areasSubject to valid existing rights, the
			 Secretary of Agriculture shall administer the lands in the Jefferson National
			 Forest designated as wilderness and incorporated into an existing wilderness
			 area by the amendments made by subsection (a) in accordance with this section,
			 the Wilderness Act (16 U.S.C. 1131 et seq.), and other laws applicable to that
			 wilderness area, except that, with respect to such lands, any reference in the
			 Wilderness Act to the effective date of that Act shall be deemed to be a
			 reference to the date of the enactment of this Act.
				3.Designation of Kimberling Creek Potential
			 Wilderness Area, Jefferson National Forest, Virginia
			(a)DesignationIn furtherance of the purposes of the
			 Wilderness Act (16 U.S.C. 1131 et seq.), certain lands in the Jefferson
			 National Forest, which comprise approximately 349 acres, as generally depicted
			 on the map entitled Kimberling Creek Additions and Potential Wilderness
			 Area and dated February 2007, are designated as a potential wilderness
			 area for eventual incorporation in the Kimberling Creek Wilderness designated
			 by section 2(2) of the Virginia Wilderness Act of 1984 (Public Law 98–586; 98
			 Stat. 3105).
			(b)Map and legal descriptions
				(1)FilingAs soon as practicable after the date of
			 the enactment of this Act, the Secretary of Agriculture shall file with the
			 Committee on Agriculture, Nutrition, and Forestry of the Senate and the
			 Committee on Natural Resources and the Committee on Agriculture of the House of
			 Representatives a map and legal description of potential wilderness
			 area.
				(2)Force and effectThe map and legal description referred to
			 in paragraph (1) shall have the same force and effect as if included in this
			 Act, except that the Secretary of Agriculture may correct clerical and
			 typographical errors in the map and description. In the case of any discrepancy
			 between the acreage specified in subsection (a) and the map filed under
			 paragraph (1), the map shall control.
				(3)AvailabilityThe map and legal description referred to
			 in paragraph (1) shall be on file and available for public inspection in the
			 Office of the Chief of the Forest Service.
				(c)ManagementExcept as provided in subsection (d) and
			 subject to valid existing rights, the Secretary of Agriculture shall manage the
			 potential wilderness area as wilderness pending its incorporation in the
			 Kimberling Creek Wilderness.
			(d)Ecological Restoration
				(1)In generalFor purposes of ecological restoration
			 (including the elimination of non-native species, removal of illegal, unused,
			 or decommissioned roads, and any other activities necessary to restore the
			 natural ecosystems in the potential wilderness area), the Secretary of
			 Agriculture may use motorized equipment and mechanized transport in the
			 potential wilderness area until its incorporation in the Kimberling Creek
			 Wilderness.
				(2)LimitationTo the maximum extent practicable, the
			 Secretary shall use the minimum tool or administrative practice necessary to
			 accomplish ecological restoration with the least amount of adverse impact on
			 wilderness character and resources.
				(e)Wilderness DesignationThe potential wilderness area shall be
			 designated as wilderness and incorporated in the Kimberling Creek Wilderness on
			 the earlier of—
				(1)the date on which the Secretary of
			 Agriculture publishes in the Federal Register notice that the conditions in the
			 potential wilderness area that are incompatible with the Wilderness Act (16
			 U.S.C. 1131 et seq.) have been removed; or
				(2)the date that is five years after the date
			 of the enactment of this Act.
				(f)AdministrationSubject to valid existing rights, upon
			 incorporation of the lands designated as wilderness under subsection (e) in the
			 Kimberling Creek Wilderness, the Secretary of Agriculture shall administer the
			 lands in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and other
			 laws applicable to that wilderness area, except that, with respect to such
			 lands, any reference in the Wilderness Act to the effective date of that Act
			 shall be deemed to be a reference to the date on which the lands are designated
			 as wilderness under subsection (e).
			4.Designation of Seng Mountain and Bear Creek
			 Scenic Areas, Jefferson National Forest, Virginia
			(a)EstablishmentThe following National Forest System lands
			 in the State of Virginia are hereby designated as National Scenic Areas (in
			 this section referred to as the scenic areas):
				(1)Certain lands in the Jefferson National
			 Forest, which comprise approximately 6,455 acres, as generally depicted on the
			 map entitled Seng Mountain and Raccoon Branch and dated February
			 2007, and which shall be known as the Seng Mountain National Scenic
			 Area.
				(2)Certain lands in the Jefferson National
			 Forest, which comprise approximately 5,128 acres, as generally depicted on the
			 map entitled Bear Creek and dated February 2007, and which shall
			 be known as the Bear Creek National Scenic Area.
				(b)Maps and legal descriptions
				(1)FilingAs soon as practicable after the date of
			 the enactment of this Act, the Secretary of Agriculture shall file with the
			 Committee on Agriculture, Nutrition, and Forestry of the Senate and the
			 Committee on Natural Resources and the Committee on Agriculture of the House of
			 Representatives a map and legal description of each of the scenic areas.
				(2)Force and effectThe maps and legal descriptions referred to
			 in paragraph (1) shall have the same force and effect as if included in this
			 Act, except that the Secretary of Agriculture may correct clerical and
			 typographical errors in the maps and descriptions. In the case of any
			 discrepancy between the acreage specified in subsection (a) and the
			 corresponding map filed under paragraph (1), the map shall control.
				(3)AvailabilityThe maps and legal descriptions referred to
			 in paragraph (1) shall be on file and available for public inspection in the
			 Office of the Chief of the Forest Service.
				(c)Purposes of scenic areasThe scenic areas are established for the
			 purposes of—
				(1)ensuring the protection and preservation of
			 scenic quality, water quality, natural characteristics, and water
			 resources;
				(2)protecting wildlife and fish habitat,
			 consistent with paragraph (1);
				(3)protecting areas that may develop
			 characteristics of old-growth forests; and
				(4)providing a variety of recreation
			 opportunities, consistent with the preceding paragraphs.
				(d)Administration
				(1)In generalThe Secretary of Agriculture shall
			 administer the scenic areas in accordance with this section and the laws and
			 regulations generally applicable to the National Forest System. In the event of
			 conflict between this section and other laws and regulations, this section
			 shall take precedence.
				(2)Consistent
			 useThe Secretary shall only
			 allow such uses of the scenic areas as the Secretary finds will further the
			 purposes for which the scenic areas are established.
				(e)Management planWithin two years after the date of the
			 enactment of this Act, the Secretary of Agriculture shall develop a management
			 plan for the scenic areas consistent with this section. The management plan
			 shall be developed as an amendment to the land and resource management plan for
			 the Jefferson National Forest, except that nothing in this section requires the
			 Secretary to revise the land and resource management plan for the Jefferson
			 National Forest pursuant to section 6 of the Forest and Rangeland Renewable
			 Resources Planning Act of 1974 (16 U.S.C. 1604).
			(f)RoadsAfter the date of the enactment of this
			 Act, no roads shall be established or constructed within the scenic areas,
			 except that this prohibition shall not be construed to deny access to private
			 lands or interests therein in the scenic areas.
			(g)Vegetation managementNo timber harvest shall be allowed within
			 the scenic areas, except as the Secretary of Agriculture finds necessary in the
			 control of fire, insects, and diseases and to provide for public safety and
			 trail access. Notwithstanding the preceding sentence, the Secretary may engage
			 in vegetation manipulation practices for maintenance of existing wildlife
			 clearings and visual quality. Firewood may be harvested for personal use along
			 perimeter roads under such conditions as the Secretary may impose.
			(h)Motorized travelMotorized travel shall not be permitted
			 within the scenic areas, except that the Secretary of Agriculture may authorize
			 motorized travel within the scenic areas—
				(1)as necessary for administrative use in
			 furtherance of the purposes of this section;
				(2)in support of wildlife management projects
			 in existence as of the date of the enactment of this Act; and
				(3)on Forest Development Road 9410 and 84b
			 during deer and bear hunting seasons.
				(i)FireWildfires in the scenic area shall be
			 suppressed in a manner consistent with the purposes of this section, using such
			 means as the Secretary of Agriculture considers appropriate.
			(j)Insects and diseaseInsect and disease outbreaks may be
			 controlled in the scenic areas to maintain scenic quality, prevent tree
			 mortality, reduce hazards to visitors, or protect private lands.
			(k)WaterThe Secretary of Agriculture shall
			 administer the scenic areas so as to maintain and enhance water quality.
			(l)Mining withdrawalSubject to valid existing rights, all
			 federally owned lands in the scenic areas are withdrawn from location, entry,
			 and patent under the mining laws of the United States and from leasing claims
			 under the mineral and geothermal leasing laws of the United States, including
			 amendments to such laws.
			5.Trail plan and development
			(a)Trail planThe Secretary of Agriculture shall
			 establish a trail plan for National Forest System lands described in this
			 subsection in order to develop the following:
				(1)Hiking and equestrian trails on the lands
			 in the Jefferson National Forest designated as wilderness by the amendments
			 made by section 2(a), in a manner consistent with the Wilderness Act (16 U.S.C.
			 1131 et seq.).
				(2)Nonmotorized recreation trails within the
			 Seng Mountain and Bear Creek Scenic Areas designated by section 4.
				(b)ConsultationThe Secretary of Agriculture shall
			 establish the trail plan in consultation with interested parties.
			(c)Implementation reportNot later than two years after the date of
			 the enactment of this Act, the Secretary of Agriculture shall submit to
			 Congress a report on the implementation of the trail plan, including the
			 identification of priority trails for development.
			(d)Trail
			 requiredThe Secretary of
			 Agriculture shall develop a sustainable trail, using a contour curvilinear
			 alignment, to provide a continuous connection for non-motorized travel between
			 County Route 650 and Forest Development Road 4018 in Smyth County,
			 Virginia.

		1.Short titleThis Act may be cited as the
			 Virginia Ridge and Valley Act of
			 2008.
		2.DefinitionsIn this Act:
			(1)Scenic
			 areasThe term scenic areas means the Seng
			 Mountain National Scenic Area and the Bear Creek National Scenic Area.
			(2)SecretaryThe
			 term Secretary means the Secretary of Agriculture.
			3.Designation of additional National Forest
			 System land in Jefferson National Forest, Virginia, as wilderness or a
			 wilderness study area
			(a)Designation of wildernessSection 1 of Public Law 100–326 (16 U.S.C.
			 1132 note; 102 Stat. 584, 114 Stat. 2057), is amended—
				(1)in the matter preceding paragraph (1), by
			 striking System— and inserting System:;
				(2)by striking certain each
			 place it appears and inserting Certain;
				(3)in each of paragraphs (1) through (6), by
			 striking the semicolon at the end and inserting a period;
				(4)in paragraph (7), by striking ;
			 and and inserting a period; and
				(5)by adding at the end the following:

						(9)Certain land in the Jefferson National
				Forest comprising approximately 3,743 acres, as generally depicted on the map
				entitled Brush Mountain and Brush Mountain East and dated May 5,
				2008, which shall be known as the Brush Mountain East
				Wilderness.
						(10)Certain land in the Jefferson National
				Forest comprising approximately 4,794 acres, as generally depicted on the map
				entitled Brush Mountain and Brush Mountain East and dated May 5,
				2008, which shall be known as the Brush Mountain
				Wilderness.
						(11)Certain land in the Jefferson National
				Forest comprising approximately 4,223 acres, as generally depicted on the map
				entitled Seng Mountain and Raccoon Branch and dated April 28,
				2008, which shall be known as the Raccoon Branch
				Wilderness.
						(12)Certain land in the Jefferson National
				Forest comprising approximately 3,270 acres, as generally depicted on the map
				entitled Stone Mountain and dated April 28, 2008, which shall be
				known as the Stone Mountain Wilderness.
						(13)Certain land in the Jefferson National
				Forest comprising approximately 8,470 acres, as generally depicted on the map
				entitled Garden Mountain and Hunting Camp Creek and dated April
				28, 2008, which shall be known as the Hunting Camp Creek
				Wilderness.
						(14)Certain land in the Jefferson National
				Forest comprising approximately 3,291 acres, as generally depicted on the map
				entitled Garden Mountain and Hunting Camp Creek and dated April
				28, 2008, which shall be known as the Garden Mountain
				Wilderness.
						(15)Certain land in the Jefferson National
				Forest comprising approximately 5,476 acres, as generally depicted on the map
				entitled Mountain Lake Additions and dated April 28, 2008, which
				is incorporated in the Mountain Lake Wilderness designated by section 2(6) of
				the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
				98–586).
						(16)Certain land in the Jefferson National
				Forest comprising approximately 308 acres, as generally depicted on the map
				entitled Lewis Fork Addition and Little Wilson Creek Additions
				and dated April 28, 2008, which is incorporated in the Lewis Fork Wilderness
				designated by section 2(3) of the Virginia Wilderness Act of 1984 (16 U.S.C.
				1132 note; Public Law 98–586).
						(17)Certain land in the Jefferson National
				Forest comprising approximately 1,845 acres, as generally depicted on the map
				entitled Lewis Fork Addition and Little Wilson Creek Additions
				and dated April 28, 2008, which is incorporated in the Little Wilson Creek
				Wilderness designated by section 2(5) of the Virginia Wilderness Act of 1984
				(16 U.S.C. 1132 note; Public Law 98–586).
						(18)Certain land in the Jefferson National
				Forest comprising approximately 2,219 acres, as generally depicted on the map
				entitled Shawvers Run Additions and dated April 28, 2008, which
				is incorporated in the Shawvers Run Wilderness designated by paragraph
				(4).
						(19)Certain land in the Jefferson National
				Forest comprising approximately 1,203 acres, as generally depicted on the map
				entitled Peters Mountain Addition and dated April 28, 2008,
				which is incorporated in the Peters Mountain Wilderness designated by section
				2(7) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
				98–586).
						(20)Certain land in the Jefferson National
				Forest comprising approximately 263 acres, as generally depicted on the map
				entitled Kimberling Creek Additions and Potential Wilderness
				Area and dated April 28, 2008, which is incorporated in the Kimberling
				Creek Wilderness designated by section 2(2) of the Virginia Wilderness Act of
				1984 (16 U.S.C. 1132 note; Public Law
				98–586).
						.
				(b)Designation of wilderness study
			 areaSection 6(a) of the
			 Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586) is
			 amended—
				(1)by striking certain each
			 place it appears and inserting Certain;
				(2)in each of paragraphs (1) and (2), by
			 striking the semicolon at the end and inserting a period;
				(3)in paragraph (3), by striking ;
			 and and inserting a period; and
				(4)by adding at the end the following:

						(5)Certain land in the Jefferson National
				Forest comprising approximately 3,226 acres, as generally depicted on the map
				entitled Lynn Camp Creek Wilderness Study Area and dated April
				28, 2008, which shall be known as the Lynn Camp Creek Wilderness Study
				Area.
						.
				4.Designation of Kimberling Creek Potential
			 Wilderness Area, Jefferson National Forest, Virginia
			(a)DesignationIn furtherance of the purposes of the
			 Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Jefferson National
			 Forest comprising approximately 349 acres, as generally depicted on the map
			 entitled Kimberling Creek Additions and Potential Wilderness
			 Area and dated April 28, 2008, is designated as a potential wilderness
			 area for incorporation in the Kimberling Creek Wilderness designated by section
			 2(2) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
			 98–586).
			(b)ManagementExcept as provided in subsection (c) and
			 subject to valid existing rights, the Secretary shall manage the potential
			 wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131 et
			 seq.).
			(c)Ecological Restoration
				(1)In generalFor purposes of ecological restoration
			 (including the elimination of nonnative species, removal of illegal, unused, or
			 decommissioned roads, and any other activity necessary to restore the natural
			 ecosystems in the potential wilderness area), the Secretary may use motorized
			 equipment and mechanized transport in the potential wilderness area until the
			 date on which the potential wilderness area is incorporated into the Kimberling
			 Creek Wilderness.
				(2)LimitationTo the maximum extent practicable, the
			 Secretary shall use the minimum tool or administrative practice necessary to
			 accomplish ecological restoration with the least amount of adverse impact on
			 wilderness character and resources.
				(d)Wilderness DesignationThe potential wilderness area shall be
			 designated as wilderness and incorporated in the Kimberling Creek Wilderness on
			 the earlier of—
				(1)the date on which the Secretary publishes
			 in the Federal Register notice that the conditions in the potential wilderness
			 area that are incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.)
			 have been removed; or
				(2)the date that is 5 years after the date of
			 enactment of this Act.
				5.Seng Mountain and Bear
			 Creek Scenic Areas, Jefferson National Forest, Virginia
			(a)EstablishmentThere
			 are designated as National Scenic Areas—
				(1)certain National Forest
			 System land in the Jefferson National Forest, comprising approximately 5,192
			 acres, as generally depicted on the map entitled Seng Mountain and
			 Raccoon Branch and dated April 28, 2008, which shall be known as the
			 Seng Mountain National Scenic Area; and
				(2)certain National Forest
			 System land in the Jefferson National Forest, comprising approximately 5,128
			 acres, as generally depicted on the map entitled Bear Creek and
			 dated April 28, 2008, which shall be known as the Bear Creek National
			 Scenic Area.
				(b)PurposesThe
			 purposes of the scenic areas are—
				(1)to ensure the protection
			 and preservation of scenic quality, water quality, natural characteristics, and
			 water resources of the scenic areas;
				(2)consistent with paragraph
			 (1), to protect wildlife and fish habitat in the scenic areas;
				(3)to protect areas in the
			 scenic areas that may develop characteristics of old-growth forests; and
				(4)consistent with
			 paragraphs (1), (2), and (3), to provide a variety of recreation opportunities
			 in the scenic areas.
				(c)Administration
				(1)In
			 generalThe Secretary shall administer the scenic areas in
			 accordance with—
					(A)this Act; and
					(B)the laws (including
			 regulations) generally applicable to the National Forest System.
					(2)Authorized
			 usesThe Secretary shall only allow uses of the scenic areas that
			 the Secretary determines will further the purposes of the scenic areas, as
			 described in subsection (b).
				(d)Management
			 plan
				(1)In
			 generalNot later than 2 years after the date of enactment of
			 this Act, the Secretary shall develop as an amendment to the land and resource
			 management plan for the Jefferson National Forest a management plan for the
			 scenic areas.
				(2)EffectNothing
			 in this subsection requires the Secretary to revise the land and resource
			 management plan for the Jefferson National Forest under section 6 of the Forest
			 and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
				(e)Roads
				(1)In
			 generalExcept as provided in paragraph (2), after the date of
			 enactment of this Act, no roads shall be established or constructed within the
			 scenic areas.
				(2)LimitationNothing
			 in this subsection denies any owner of private land (or an interest in private
			 land) that is located in a scenic area the right to access the private
			 land.
				(f)Timber harvest
				(1)In
			 generalExcept as provided in paragraphs (2) and (3), no
			 harvesting of timber shall be allowed within the scenic areas.
				(2)ExceptionsThe
			 Secretary may authorize harvesting of timber in the scenic areas if the
			 Secretary determines that the harvesting is necessary to—
					(A)control fire;
					(B)provide for public safety
			 or trail access; or
					(C)control insect and
			 disease outbreaks.
					(3)Firewood for personal
			 useFirewood may be harvested for personal use along perimeter
			 roads in the scenic areas, subject to any conditions that the Secretary may
			 impose.
				(g)Insect and disease
			 outbreaksThe Secretary may control insect and disease
			 outbreaks—
				(1)to maintain scenic
			 quality;
				(2)to prevent tree
			 mortality;
				(3)to reduce hazards to
			 visitors; or
				(4)to protect private
			 land.
				(h)Vegetation
			 managementThe Secretary may engage in vegetation manipulation
			 practices in the scenic areas to maintain the visual quality and wildlife
			 clearings in existence on the date of enactment of this Act.
			(i)Motorized
			 vehicles
				(1)In
			 generalExcept as provided in paragraph (2), motorized vehicles
			 shall not be allowed within the scenic areas.
				(2)ExceptionsThe
			 Secretary may authorize the use of motorized vehicles—
					(A)to carry out
			 administrative activities that further the purposes of the scenic areas, as
			 described in subsection (b);
					(B)to assist wildlife
			 management projects in existence on the date of enactment of this Act;
			 and
					(C)during deer and bear
			 hunting seasons—
						(i)on Forest Development
			 Roads 49410 and 84b; and
						(ii)on the portion of Forest
			 Development Road 6261 designated on the map described in subsection (a)(2) as
			 open seasonally.
						(j)Wildfire
			 suppressionWildfire suppression within the scenic areas shall be
			 conducted—
				(1)in a manner consistent
			 with the purposes of the scenic areas, as described in subsection (b);
			 and
				(2)using such means as the
			 Secretary determines to be appropriate.
				(k)WaterThe
			 Secretary shall administer the scenic areas in a manner that maintains and
			 enhances water quality.
			(l)WithdrawalSubject
			 to valid existing rights, all Federal land in the scenic areas is withdrawn
			 from—
				(1)location, entry, and
			 patent under the mining laws; and
				(2)operation of the mineral
			 leasing and geothermal leasing laws.
				6.Trail plan and
			 development
			(a)Trail
			 planThe Secretary, in consultation with interested parties,
			 shall establish a trail plan to develop—
				(1)in a manner consistent
			 with the Wilderness Act (16 U.S.C. 1131 et seq.), hiking and equestrian trails
			 in the wilderness areas designated by paragraphs (9) through (20) of section 1
			 of Public Law 100–326 (16 U.S.C. 1132 note) (as added by section 3(a)(5));
			 and
				(2)nonmotorized recreation
			 trails in the scenic areas.
				(b)Implementation
			 reportNot later than 2 years after the date of enactment of this
			 Act, the Secretary shall submit to Congress a report that describes the
			 implementation of the trail plan, including the identification of priority
			 trails for development.
			(c)Sustainable trail requiredThe Secretary shall develop a sustainable
			 trail, using a contour curvilinear alignment, to provide for nonmotorized
			 travel along the southern boundary of the Raccoon Branch Wilderness established
			 by section 1(11) of Public Law 100–326 (16 U.S.C. 1132 note) (as added by
			 section 3(a)(5)) connecting to Forest Development Road 49352 in Smyth County,
			 Virginia.
			7.Maps and boundary
			 descriptions
			(a)In
			 generalAs soon as practicable after the date of enactment of
			 this Act, the Secretary shall file with the Committee on Energy and Natural
			 Resources of the Senate and the Committee on Natural Resources and the
			 Committee on Agriculture of the House of Representatives maps and boundary
			 descriptions of—
				(1)the scenic areas;
				(2)the wilderness areas
			 designated by paragraphs (9) through (20) of section 1 of Public Law 100–326
			 (16 U.S.C. 1132 note) (as added by section 3(a)(5));
				(3)the wilderness study area
			 designated by section 6(a)(5) of the Virginia Wilderness Act of 1984 (16 U.S.C.
			 1132 note; Public Law 98–586) (as added by section 3(b)(4)); and
				(4)the potential wilderness
			 area designated by section 4(a).
				(b)Force and
			 effectThe maps and boundary descriptions filed under subsection
			 (a) shall have the same force and effect as if included in this Act, except
			 that the Secretary may correct any minor errors in the maps and boundary
			 descriptions.
			(c)Availability of map and
			 boundary descriptionThe maps and boundary descriptions filed
			 under subsection (a) shall be on file and available for public inspection in
			 the Office of the Chief of the Forest Service.
			(d)ConflictIn
			 the case of a conflict between a map filed under subsection (a) and the acreage
			 of the applicable areas specified in this Act, the map shall control.
			8.Effective
			 dateAny reference in the
			 Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall
			 be considered to be a reference to the date of enactment of this Act for
			 purposes of administering—
			(1)the wilderness areas
			 designated by paragraphs (9) through (20) of section 1 of Public Law 100–326
			 (16 U.S.C. 1132 note) (as added by section 3(a)(5)); and
			(2)the potential wilderness
			 area designated by section 4(a).

		June 16, 2008
		Reported with an amendment


113 HR 397 IH: Do Your Job Act
U.S. House of Representatives
2013-01-23
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. 397
		IN THE HOUSE OF REPRESENTATIVES

			January 23, 2013
			Mr. Latham introduced
			 the following bill; which was referred to the
			 Committee on House
			 Administration, and in addition to the Committee on
			 Oversight and Government
			 Reform, 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 prohibit the disbursement of funds for salaries and
		  expenses of the offices of Members and committees of Congress and to hold the
		  salaries of Members of Congress in escrow if Congress does not adopt a
		  concurrent resolution on the budget on or before May 15 of each year, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 Do Your Job Act.
		2.Prohibiting
			 disbursement of funds for salaries and expenses of Member and committee offices
			 if congress fails to adopt budget resolution
			(a)Salaries and
			 expenses of offices
				(1)ProhibitionIf
			 on or before May 15 of any year Congress does not adopt a concurrent resolution
			 on the budget for the fiscal year that begins on October 1 of that year, no
			 funds may be disbursed for the salaries and expenses (including travel
			 expenses) of any of the offices described in subsection (b) until Congress
			 adopts a concurrent resolution on the budget for that fiscal year.
				(2)Treatment of
			 member salariesParagraph (1) does not apply to funds disbursed
			 for the salary of any Member of Congress, which shall be subject to escrow in
			 accordance with section 3.
				(b)Offices
			 describedThe offices described in this subsection are as
			 follows:
				(1)The office of any
			 Member of Congress.
				(2)The office of any
			 standing, select, or joint committee of Congress.
				(3)An office of the
			 House of Representatives for which the appropriation for salaries and expenses
			 of the office for the year involved is provided under the heading House
			 Leadership Offices in the act making appropriations for the Legislative
			 Branch for the fiscal year involved (in addition to any office of a Member of
			 Congress referred to in paragraph (1)).
				(4)The offices of the President pro Tempore,
			 Majority and Minority Leaders, Majority and Minority Whips, Conferences of the
			 Majority and of the Minority, and Majority and Minority Policy Committees of
			 the Senate (in addition to any office of a Member of Congress referred to in
			 paragraph (1)).
				3.Holding salaries of
			 members of congress in escrow if congress fails to adopt budget
			 resolution
			(a)EscrowIf on or before May 15 of any year Congress
			 does not adopt a concurrent resolution on the budget for the fiscal year that
			 begins on October 1 of that year, the Secretary of the Treasury shall deposit
			 all payments otherwise required to be made for the compensation of Members of
			 Congress in an escrow account, and shall release such payments to the Members
			 only upon the adoption by Congress of a concurrent resolution on the budget for
			 that fiscal year.
			(b)Withholding and
			 remittance of amounts from payments held in escrowThe Secretary
			 of the Treasury shall provide for the same withholding and remittance with
			 respect to a payment deposited in an escrow account under subsection (a) that
			 would apply to the payment if the payment were not subject to subsection
			 (a).
			(c)Coordination
			 with House and SenateThe Secretary of the Treasury shall enter
			 into such agreements with the Chief Administrative Officer of the House of
			 Representatives and the Secretary of the Senate as may be necessary to carry
			 out this section.
			4.Member of
			 Congress DefinedIn this Act,
			 the term Member of Congress means an individual serving in a
			 position under subparagraph (A), (B), or (C) of section 601(a) of the
			 Legislative Reorganization Act of 1946 (2 U.S.C. 31).
		5.Effective
			 dateThis Act shall apply with
			 respect to fiscal year 2014 and each succeeding fiscal year.


		I
		111th CONGRESS
		1st Session
		H. R. 3884
		IN THE HOUSE OF REPRESENTATIVES

			October 20, 2009
			Mr. Watt introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on 9, 10-Anthracenedione,
		  1-amino-4-hydroxy-2-phenoxy-.

		1.9, 10-Anthracenedione,
			 1-amino-4-hydroxy-2-phenoxy-
			(a)In
			 generalSubchapter II of
			 chapter 99 of the Harmonized Tariff Schedule of the United States is amended by
			 inserting in numerical sequence the following new heading:

								9902.01.009, 10-Anthracenedione, 1-amino-4-hydroxy-2-phenoxy-(CAS No.
						17418–58–5) (provided for in subheading 2921.59.80)FreeNo
						changeNo changeOn or before 12/31/2011

					.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies to articles entered, or withdrawn from warehouse for
			 consumption, on or after the 15th day after the date of the enactment of this
			 Act.


		I
		112th CONGRESS
		1st Session
		H. R. 277
		IN THE HOUSE OF REPRESENTATIVES

			January 12, 2011
			Mr. Fortenberry
			 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 provide an
		  exception to the reduction of renewable energy credit for certain authority
		  under the Farm Security and Rural Investment Act of 2002.

		1.Short titleThis Act may be cited as the
			 Rural Energy Equity Act of
			 2011.
		2.Exception to reduction
			 of renewable electricity credit
			(a)In
			 generalSection 45(b)(3) of the Internal Revenue Code of 1986
			 (relating to credit reduced for grants, tax-exempt bonds, subsidized energy
			 financing, and other credits) is amended by adding after the last sentence the
			 following: This paragraph shall not apply with respect to any loan
			 guarantees or grants issued by the Secretary of Agriculture under authority
			 granted by section 9007 of the Farm Security and Rural Investment Act of
			 2002..
			(b)Effective
			 dateThe amendment made by this section shall apply to facilities
			 placed in service after the date of the enactment of this Act.