111 HR 274 IH: Solid Waste Interstate Transportation Act of 2009
U.S. House of Representatives
2009-01-07
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
		111th CONGRESS
		1st Session
		H. R. 274
		IN THE HOUSE OF REPRESENTATIVES

			January 7, 2009
			Mr. Wittman
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To impose certain limitations on the receipt of
		  out-of-State municipal solid waste, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Solid Waste Interstate Transportation
			 Act of 2009.
		2.Interstate
			 transportation and disposal of municipal solid waste
			(a)In
			 generalSubtitle D of the Solid
			 Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding
			 after section 4010 the following new section:

					4011.Receipt and
				disposal of out-of-State municipal solid waste
						(a)Presumptive ban
				on receipt of out-of-state wasteNo landfill or incinerator may
				receive any out-of-State municipal solid waste for disposal or incineration
				unless the waste is received pursuant to—
							(1)a host community
				agreement in accordance with subsection (b) or (c); or
							(2)an exemption under
				subsection (d).
							(b)Existing host
				community agreementsExcept as provided in subsection (e), (f),
				or (g), out-of-State municipal solid waste may be received at a landfill or
				incinerator for disposal or incineration pursuant to a host community agreement
				entered into before the enactment of this section if—
							(1)the agreement
				specifically authorizes the owner or operator to accept, at the landfill or
				incinerator, out-of-State municipal solid waste; and
							(2)the owner or
				operator complies with all of the terms and conditions of the host community
				agreement.
							The owner
				or operator shall provide a copy of the host community agreement, within 90
				days after the enactment of this section, to the State and affected local
				government and make such a copy available for inspection by the public in the
				affected local community.(c)New host
				community agreements
							(1)Exemption from
				banExcept as provided in subsection (e), out-of-State municipal
				solid waste may be received at a landfill or incinerator for disposal or
				incineration pursuant to a host community agreement entered into or amended on
				or after the enactment of this section (in this section referred to as a
				new host community agreement) if the agreement specifically
				authorizes the receipt of such waste and meets the requirements of paragraphs
				(2) through (6) of this subsection.
							(2)Requirements for
				authorizationAn authorization to receive out-of-State municipal
				solid waste pursuant to a new host community agreement shall be granted by
				formal action at a meeting; be recorded in writing in the official record of
				the meeting; and remain in effect according to its terms. Such authorization
				shall specify terms and conditions, including an amount of out-of-State
				municipal solid waste that an owner or operator may receive and the duration of
				the authorization.
							(3)InformationPrior
				to seeking an authorization to receive out-of-State municipal solid waste
				pursuant to a new host community agreement under this subsection, the owner or
				operator of the facility seeking such authorization shall provide (and make
				readily available to the State, each contiguous local government and Indian
				tribe, and any other interested person for inspection and copying) each of the
				following items of information:
								(A)A brief
				description of the facility, including, with respect to both the facility and
				any planned expansion of the facility, the size, the ultimate waste capacity,
				and the anticipated monthly and yearly quantities of waste to be handled. Such
				quantities shall be expressed in terms of volume.
								(B)A map of the
				facility site indicating location in relation to the local road system and
				topography and general hydrogeological features. The map shall indicate any
				buffer zones to be acquired by the owner or operator as well as all facility
				units.
								(C)A description of
				the then current environmental characteristics of the site, a description of
				ground water use in the area, and a discussion of alterations that may be
				necessitated by, or occur as a result of, the facility. The description of
				groundwater use shall include identification of private wells and public
				drinking water sources.
								(D)A description of
				environmental controls typically required to be used on the site (pursuant to
				permit requirements), including run on or run off management, or both, air
				pollution control devices, source separation procedures (if any), methane
				monitoring and control, landfill covers, liners or leachate collection systems,
				and monitoring programs. In addition, the description shall include a
				description of any waste residuals generated by the facility, including
				leachate or ash, and the planned management of the residuals.
								(E)A description of
				site access controls to be employed, and roadway improvements to be made, by
				the owner or operator, and an estimate of the timing and extent of increased
				local truck traffic.
								(F)A list of all
				required Federal, State, and local permits.
								(G)Estimates of the
				personnel requirements of the facility, including information regarding the
				probable skill and education levels required for jobs at the facility. To the
				extent practicable, the information shall distinguish between employment
				statistics for preoperational and postoperational levels.
								(H)Any information
				that is required by State or Federal law to be provided with respect to any
				violations of environmental laws (including regulations) by the owner, the
				operator, and any subsidiary of the owner or operator, the disposition of
				enforcement proceedings taken with respect to the violations, and corrective
				action and rehabilitation measures taken as a result of the proceedings.
								(I)Any information
				that is required by State or Federal law to be provided with respect to gifts
				and contributions made by the owner or operator.
								(J)Any information
				that is required by State or Federal law to be provided with respect to
				compliance by the owner or operator with the State solid waste management
				plan.
								(4)Prior
				notificationPrior to taking formal action with respect to
				granting authorization to receive out-of-State municipal solid waste pursuant
				to a new host community agreement under this subsection, an affected local
				government shall—
								(A)notify the State,
				contiguous local governments, and any contiguous Indian tribes;
								(B)publish notice of
				the action in a newspaper of general circulation in the affected area at least
				15 days before holding a hearing under subparagraph (C), except where State law
				provides for an alternate form of public notification;
								(C)provide an
				opportunity for public comment, including at least 1 public hearing; and
								(D)make publicly
				available the entire text of the new host community agreement.
								(5)Subsequent
				notificationPromptly, but not later than 90 days after an
				authorization is granted pursuant to a new host community agreement under this
				subsection, the affected local government shall notify the Governor, contiguous
				local governments, and any contiguous Indian tribes of such
				authorization.
							(6)Public
				availabilityThe owner or
				operator of a facility authorized to receive out-of-State municipal solid waste
				pursuant to a new host community agreement under this subsection shall ensure
				that copies of the entire text of such agreement are readily available to the
				public and are provided within 5 days after a request from any person. Such
				owner or operator may recover reasonable costs of providing each copy.
							(7)Authority
								(A)In
				generalA State may enact a law or laws with respect to the
				entry, by an affected local government in the State, into a host community
				agreement, as it relates to the interstate transportation of solid
				waste.
								(B)No
				discriminationIn enacting a law or laws pursuant to subparagraph
				(A), a State shall act in a consistent manner that does not discriminate
				against the receipt of out-of-State municipal solid waste on the basis of State
				of origin.
								(d)Exemption for
				waste not subject to host community agreements
							(1)Exemption from
				banExcept as provided in subsection (e), out-of-State municipal
				solid waste received at a landfill or incinerator shall be exempt from the
				presumptive ban contained in subsection (a) if the owner or operator of the
				landfill or incinerator provides to the State in which the landfill or
				incinerator is located and to the affected local government either of the
				following:
								(A)PermitInformation
				establishing that, before the enactment of this section, the owner or operator
				of the landfill or incinerator has received a State permit that specifically
				authorizes the owner or operator to accept, at the landfill or incinerator,
				such out-of-State municipal solid waste. This subparagraph shall be effective
				only if the owner or operator complies with all of the terms and conditions of
				the permit after the date of enactment of this section and notifies the
				affected local government of the permit as soon as practicable but not later
				than 90 days after the date of enactment of this section.
								(B)ContractInformation
				establishing that the owner or operator of the landfill or incinerator has
				entered into a binding contract before January 1, 2009, that commits to the
				delivery to and receipt at the landfill or incinerator of a specific quantity
				of out-of-State municipal solid waste and that the owner or operator of the
				landfill or incinerator has permitted capacity actually available on the date
				of enactment of this section for receipt of the specific quantity of
				out-of-State municipal solid waste committed to in the contract. This
				subparagraph shall be effective only for the longer of—
									(i)the life of the
				contract (not including any renewal, novation, or extension thereof); or
									(ii)a
				period of 3 years after the date of enactment of this section,
									and
				only with respect to the amount of the obligation in the contract.(2)Availability of
				documentationThe owner or operator of a landfill or incinerator
				receiving out-of-State municipal solid waste pursuant to an exemption under
				paragraph (1) shall make available for inspection by the public in the affected
				local community a copy of the permit or contract referred to in paragraph (1).
				The owner or operator may omit any proprietary information contained in
				contracts.
							(3)Denied or revoked
				permitsA landfill or incinerator may not receive for disposal or
				incineration out-of-State municipal solid waste pursuant to an exemption under
				paragraph (1) if the operating permit for the landfill or incinerator (or
				renewal thereof) was denied or revoked by the appropriate State agency before
				the date of enactment of this section, unless such permit or license (or
				renewal) has been reinstated as of such date of enactment.
							(e)Required
				complianceExemptions under subsections (b), (c), and (d) shall
				not apply to a landfill or incinerator during any period with respect to which
				the State in which the facility is located has administratively determined that
				the facility is not in compliance with applicable Federal, State, or local laws
				and regulations relating to—
							(1)facility
				operation, design, and construction;
							(2)in the case of
				landfills, facility location standards, leachate collection standards,
				groundwater monitoring standards, runoff controls, emission controls, landfill
				cover and dust suppression requirements, environmental controls, and standards
				for financial assurance and for closure and postclosure and corrective action;
				and
							(3)the applicable
				requirements of the Clean Air Act and
				this Act.
							(f)Authority of
				State To restrict out-of-state municipal solid waste
							(1)Limitations on
				amount of waste received
								(A)Limit for all
				facilities in the StateA State may limit the amount of
				out-of-State municipal solid waste received annually at each landfill or
				incinerator in the State to the limitation amount described in paragraph (2),
				except as provided in this subsection. No such limit may conflict—
									(i)with
				provisions of a permit specifically authorizing the owner or operator to
				accept, at the facility, out-of-State municipal solid waste; or
									(ii)with a host
				community agreement entered into between the owner or operator of any such
				landfill or incinerator and the affected local government that, before January
				1, 2009, specifically authorizes the landfill or incinerator to receive
				out-of-State municipal solid waste.
									(B)ConflictIf
				a facility received less than 100,000 tons of out-of-State municipal solid
				waste during the previous year, a limit referred to in subparagraph (A) shall
				be treated as conflicting with—
									(i)a
				permit if the permit establishes a higher limit or does not establish any limit
				on the amount of out-of-State municipal solid waste which may be received
				annually at the facility; and
									(ii)a
				host community agreement if the host community agreement establishes a higher
				limit or does not establish any limit on the amount of out-of-State municipal
				solid waste which may be received annually at the facility, but only to the
				extent that the landfill or incinerator, at the time the host community
				agreement was entered into, had specifically permitted capacity to receive the
				solid waste authorized by the host community agreement.
									(C)Limit for
				particular facilitiesAn affected local government that has not
				executed a host community agreement with a particular landfill or incinerator
				may limit the amount of out-of-State municipal solid waste received annually at
				the landfill or incinerator concerned to the limitation amount described in
				paragraph (2). No such limit may conflict with provisions of a permit
				specifically authorizing the owner or operator to accept, at the facility,
				out-of-State municipal solid waste.
								(D)Effect on other
				lawsNothing in this subsection shall be interpreted or construed
				to supersede any State law relating to contracts.
								(2)Limitation
				amountFor any landfill or
				incinerator that commenced receiving documented out-of-State municipal solid
				waste before the date of enactment of this section, the limitation amount
				referred to in paragraph (1) for any year shall be equal to the amount of
				out-of-State municipal solid waste received at the landfill or incinerator
				concerned during calendar year 1993, or, in the case of a State which did not
				require documentation of the sort required by this paragraph to be kept for
				calendar year 1993, the first subsequent calendar year for which the State
				required such documentation. The documentation referred to in this paragraph
				shall be such as would result in civil or criminal penalties under State law in
				case of false or misleading information. Such documentation shall include the
				amount of waste received in 1993, or such other baseline year as is provided
				for in this paragraph, and may include place of origin, identity of the
				generator, date of shipment, and type of waste.
							(3)No
				discriminationIn establishing a limitation under this
				subsection, a State shall act in a consistent manner that does not discriminate
				against any shipments of out-of-State municipal solid waste on the basis of
				State of origin.
							(g)Limitations on
				prospective waste flows
							(1)State authority
				to deny permitsA State may
				provide by law that the State will deny or refuse to renew, and a State that
				does not provide for renewal of permits may provide by law that the State will,
				upon State review of the permit or application for amendment to the permit,
				revoke all or part of or refuse to amend, a permit for the construction,
				expansion, increase in capacity, transfer of ownership, or operation of a
				landfill or incinerator, or for a major modification to an existing landfill or
				incinerator, if—
								(A)the State has
				approved a State or local comprehensive municipal solid waste management plan
				developed under Federal or State law; and
								(B)the denial, refusal to renew or amend, or
				revocation is based on a determination, pursuant to a State law authorizing the
				denial, refusal to renew or amend, or revocation, that there is not a local or
				regional need for the landfill or incinerator in the State.
								(2)Percentage
				limit
								(A)In
				generalA State may provide
				by law that a State permit issued or renewed after the date of enactment of
				this section, and, in the case of a State that does not provide for renewal of
				permits, a State permit amended or reviewed by the State, for the construction,
				expansion, increase in capacity, transfer of ownership, or operation of a
				municipal solid waste landfill or incinerator shall include a requirement that
				not more than a specified percentage of the total amount of municipal solid
				waste received annually at the landfill or incinerator may be out-of-State
				municipal solid waste. A percentage limitation established by a State under
				this subparagraph shall not be less than 20 percent.
								(B)Host community
				agreementNotwithstanding
				subparagraphs (A) and (C), a landfill or incinerator acting pursuant to a host
				community agreement entered into prior to January 1, 2009, that specifically
				authorizes the landfill or incinerator to receive a specific quantity of
				out-of-State municipal solid waste annually may receive the specific quantity
				authorized under the host community agreement, but only to the extent that the
				landfill or incinerator, at the time the host community agreement was entered
				into, had specifically permitted capacity to receive the solid waste authorized
				by the host community agreement.
								(C)NondiscriminationAn
				annual percentage limitation referred to in subparagraph (A)—
									(i)shall be uniform
				for all municipal solid waste landfills and incinerators in the State;
				and
									(ii)may not
				discriminate against out-of-State municipal solid waste according to the State
				of origin.
									(h)Authority of
				State To restrict out-of-state municipal solid waste based on recycling
				programs
							(1)Authority
								(A)LimitationA
				State may limit the amount of out-of-State municipal solid waste received
				annually at each landfill or incinerator in the State to the amount of
				out-of-State municipal solid waste received at the landfill or incinerator
				concerned during calendar year 1995 if the State has enacted a comprehensive,
				statewide recycling program. No such limit may conflict—
									(i)with provisions of
				a permit specifically authorizing the owner or operator to accept, at the
				facility, out-of-State municipal solid waste; or
									(ii)with a host
				community agreement entered into between the owner or operator of any such
				landfill or incinerator and the affected local government.
									(B)ConflictA
				limit referred to in subparagraph (A) shall be treated as conflicting
				with—
									(i)a
				permit if the permit establishes a higher limit or does not establish any limit
				on the amount of out-of-State municipal solid waste which may be received
				annually at the facility; and
									(ii)a
				host community agreement if the host community agreement establishes a higher
				limit or does not establish any limit on the amount of out-of-State municipal
				solid waste which may be received annually at the facility, but only to the
				extent that the landfill or incinerator, at the time the host community
				agreement was entered into, had specifically permitted capacity to receive the
				solid waste authorized by the host community agreement.
									(2)No
				discriminationIn establishing a limitation under this
				subsection, a State shall act in a consistent manner that does not discriminate
				against any shipments of out-of-State municipal solid waste on the basis of
				State of origin.
							(3)Effect on other
				lawsNothing in this subsection shall be interpreted or construed
				to supersede any State law relating to contracts.
							(4)DefinitionAs
				used in this subsection, the term comprehensive, statewide recycling
				program means a law of statewide applicability that requires the
				generators of municipal solid waste to separate all of the following materials
				for recycling as a condition of disposing of the waste at landfills or
				incinerators in the State:
								(A)Aluminum
				containers.
								(B)Corrugated paper
				or other container board.
								(C)Glass
				containers.
								(D)Magazines or other
				material printed on similar paper.
								(E)Newspapers or
				other material printed on newsprint.
								(F)Office
				paper.
								(G)Plastic
				containers.
								(H)Steel
				containers.
								(I)Containers for
				carbonated or malt beverages that are primarily made of a combination of steel
				and aluminum.
								(i)Cost recovery
				surcharge
							(1)AuthorityA
				State may impose and collect a cost recovery charge on the processing,
				combustion, or disposal in a landfill or incinerator of out-of-State municipal
				solid waste in the State in accordance with this subsection.
							(2)Amount of
				surchargeThe amount of the cost recovery surcharge may be no
				greater than the amount necessary to recover those costs determined in
				conformance with paragraph (4) and in no event may exceed $3.00 per ton of
				waste.
							(3)Use of surcharge
				collectedAll cost recovery surcharges collected by a State shall
				be used to fund those solid waste management programs administered by the State
				or its political subdivision that incur costs for which the surcharge is
				collected.
							(4)Conditions(A)Subject to subparagraphs
				(B) and (C), a State may impose and collect a cost recovery surcharge on the
				processing, combustion, or disposal within the State of out-of-State municipal
				solid waste if—
									(i)the State demonstrates a cost to
				the State or its political subdivisions arising from the processing,
				combustion, or disposal within the State of a volume of municipal solid waste
				from a source outside the State;
									(ii)the surcharge is based on those
				costs demonstrated under clause (i) that, if not paid for through the
				surcharge, would otherwise have to be paid or subsidized by the State or its
				political subdivisions; and
									(iii)the surcharge is compensatory and
				is not discriminatory.
									(B)In
				no event shall a cost recovery surcharge be imposed by a State to the extent
				that the cost for which recovery is sought is otherwise paid, recovered, or
				offset by any other fee or tax paid to the State or its political subdivision
				in connection with the generation, transportation, treatment, processing,
				combustion, or disposal of solid waste. Any provision in a host community
				agreement that places responsibility for payment or reimbursement for fees
				under this subsection on the host community is hereby declared null and
				void.
								(C)The grant of a subsidy by a State with
				respect to entities disposing of waste generated within the State does not
				constitute discrimination for purposes of subparagraph (A)(iii).
								(5)DefinitionsAs
				used in this subsection:
								(A)The term
				costs means the costs incurred by the State for the implementation
				of its laws governing the processing, combustion, or disposal of municipal
				solid waste, limited to the issuance of new permits and renewal of or
				modification of permits, inspection and compliance monitoring, enforcement, and
				costs associated with technical assistance, data management, and collection of
				fees.
								(B)The term
				processing means any activity to reduce the volume of solid waste
				or alter its chemical, biological or physical state, through processes such as
				thermal treatment, bailing, composting, crushing, shredding, separation, or
				compaction.
								(j)InspectionsA State may require that a State-employed
				or authorized inspector be onsite during any or all hours of operation at any
				facility that receives out-of-State municipal solid waste. Such inspectors
				shall be authorized to ensure the enforcement of Federal, State, and local laws
				and regulations relating to the receipt of out-of-State municipal solid waste,
				and to ensure that out-of-State municipal solid waste received at a transfer
				facility or other interim holding facility remains identifiable as out-of-State
				municipal solid waste when transferred to a landfill or incinerator. The State
				may require reimbursement from the facility for reasonable costs of providing
				such inspectors.
						(k)Implementation
				and enforcementAny State may adopt such laws and regulations,
				not inconsistent with this section, as are necessary to implement and enforce
				this section, including provisions for penalties.
						(l)Effect on
				interstate commerceNo State or local government action taken as
				authorized by this section, including the establishment of a limit pursuant to
				subsection (f) or the enactment or execution of a law or regulation described
				in subsection (c)(7), (g), (h), (i), or (k), shall be considered to impose an
				undue burden on interstate commerce or to otherwise impair, restrain, or
				discriminate against interstate commerce.
						(m)Annual State
				reportEach year the owner or
				operator of each landfill or incinerator receiving out-of-State municipal solid
				waste shall submit to the Governor of the State in which the landfill or
				incinerator is located information specifying the amount of out-of-State
				municipal solid waste received for disposal during the preceding year, its
				place of origin, the identity of the generator, the date of shipments, and the
				type of waste received. Each year each such State shall publish and make
				available to the public a report containing information on the amount of
				out-of-State municipal solid waste received for disposal in the State during
				the preceding year.
						(n)DefinitionsFor
				purposes of this section:
							(1)Affected local
				governmentThe term affected local government
				means—
								(A)the public body
				authorized by State law to plan for the management of municipal solid waste, a
				majority of the members of which are elected officials, for the area in which a
				landfill or incinerator is located or proposed to be located;
								(B)if there is no such
				body authorized by State law, the elected officials of the city, town,
				township, borough, county, or parish exercising primary responsibility over
				municipal solid waste management or the use of land in the jurisdiction in
				which a landfill or incinerator is located or proposed to be located; or
								(C)contiguous units
				of local government located in each of 2 or more adjoining States acting
				jointly as an affected local government, pursuant to the authority provided in
				section 1005(b), for purposes of providing authorization under subsection (b),
				(c), or (d) for municipal solid waste generated in the jurisdiction of one of
				those units of local government and received for disposal or incineration in
				the jurisdiction of another.
								(2)Host community
				agreementThe term host community agreement means a
				written, legally binding agreement, lawfully entered into between an owner or
				operator of a landfill or incinerator and an affected local government that
				specifically authorizes the landfill or incinerator to receive out-of-State
				municipal solid waste.
							(3)Municipal solid
				waste
								(A)Waste
				includedExcept as provided in subparagraph (B), the term
				municipal solid waste means—
									(i)all waste
				materials discarded for disposal by households, including single and
				multifamily residences, and hotels and motels;
									(ii)sewage sludge and residuals from any sewage
				treatment plant;
									(iii)combustion ash
				generated by resource recovery facilities or municipal incinerators;
									(iv)petroleum
				contaminated soil; and
									(v)all waste
				materials discarded for disposal that were generated by commercial,
				institutional, municipal, and industrial sources, to the extent such
				materials—
										(I)are essentially the
				same as materials described in clause (i); and
										(II)were collected
				and disposed of with other municipal solid waste described in clause (i) or
				subclause (I) of this clause as part of normal municipal solid waste collection
				services, except that this subclause does not apply to hazardous materials
				other than hazardous materials that, pursuant to regulations issued under
				section 3001(d), are not subject to regulation under subtitle C.
										Examples of municipal solid waste
				include food and yard waste, paper, clothing, appliances, consumer product
				packaging, disposable diapers, office supplies, cosmetics, glass and metal food
				containers, and household hazardous waste. Such term shall include debris
				resulting from construction, remodeling, repair, or demolition of
				structures.(B)Waste not
				includedThe term municipal solid waste does not
				include any of the following:
									(i)Any solid waste
				identified or listed as a hazardous waste under section 3001, except for
				household hazardous waste.
									(ii)Any solid waste, including contaminated
				soil (other than petroleum contaminated soil) and debris, resulting
				from—
										(I)a response action
				taken under section 104 or 106 of the Comprehensive Environmental Response,
				Compensation, and Liability Act (42 U.S.C. 9604 or 9606);
										(II)a response action
				taken under a State law with authorities comparable to the authorities of such
				section 104 or 106; or
										(III)a corrective
				action taken under this Act.
										(iii)Recyclable
				materials that have been separated, at the source of the waste, from waste
				otherwise destined for disposal or that have been managed separately from waste
				destined for disposal.
									(iv)Scrap rubber to
				be used as a fuel source.
									(v)Materials and
				products returned from a dispenser or distributor to the manufacturer or an
				agent of the manufacturer for credit, evaluation, and possible reuse.
									(vi)Any solid waste
				that is—
										(I)generated by an
				industrial facility; and
										(II)transported for
				the purpose of treatment, storage, or disposal to a facility or unit thereof
				that is owned or operated by the generator of the waste, located on property
				owned by the generator or a company with which the generator is affiliated, or
				the capacity of which is contractually dedicated exclusively to a specific
				generator, so long as the disposal area complies with local and State land use
				and zoning regulations applicable to the disposal site.
										(vii)Any medical
				waste that is segregated from or not mixed with solid waste.
									(viii)Waste from
				manufacturing or processing (including pollution control) operations not
				essentially the same as waste normally generated by households.
									(4)Out-of-state
				municipal solid wasteThe
				term out-of-State municipal solid waste means, with respect to any
				State, municipal solid waste generated outside of the State. The term includes
				municipal solid waste generated outside of the United States and includes
				municipal solid waste generated outside of the State that has passed through a
				transfer facility or other interim holding facility inside the State.
							(5)Recyclable
				materialsThe term recyclable materials means
				materials that are diverted, separated from, or separately managed from
				materials otherwise destined for disposal as solid waste, by collecting,
				sorting, or processing for use as raw materials or feedstocks in lieu of, or in
				addition to, virgin materials, including petroleum, in the manufacture of
				usable materials or products.
							(6)Specifically
				authorizes(A)Except as provided in
				subparagraph (B), the term specifically authorizes refers to an
				explicit authorization, contained in a host community agreement or permit, to
				import municipal solid waste from outside the State. Such authorization may
				include a reference to a fixed radius surrounding the landfill or incinerator
				which includes an area outside the State or a reference to any place of
				origin, reference to specific places outside the State, or use of such
				phrases as regardless of origin or outside the
				State.
								(B)If
				a landfill or incinerator received 100,000 tons of out-of-State municipal solid
				waste or more during the previous year, when applied to such landfill or
				incinerator the term specifically authorizes refers to an
				explicit authorization, contained in a host community agreement or permit, to
				import specific volumes or other specific quantities of municipal solid waste
				from outside the State.
								(C)The language for a specific authorization
				under this paragraph must clearly and affirmatively state the approval or
				consent of the affected local government or State for receipt of municipal
				solid waste from sources or locations outside the State from which the owner or
				operator of a landfill or incinerator proposes to import it. The term shall not
				include general references to the receipt of waste from outside the
				jurisdiction of the affected local
				government.
								.
			(b)Table of
			 contentsThe table of contents of the
			 Solid Waste Disposal Act (42 U.S.C.
			 prec. 6901) is amended by adding after the item relating to section 4010 the
			 following new item:

						Sec. 4011. Receipt and disposal of
				out-of-State municipal solid
				waste.

					.
			(c)Incident
			 reportsNot later than one year after the date of the enactment
			 of this Act and annually for the next two years, the General Accounting Office
			 shall submit a report to the Committee on Energy and Commerce of the House of
			 Representatives and the Committee on Environment and Public Works of the Senate
			 that contains the following information:
				(1)Available
			 information for each State that imports municipal solid waste detailing any
			 incidents or circumstances where waste materials that are not authorized by
			 permit to be disposed of at a landfill or incinerator have been discovered in
			 the imported municipal solid waste during the transportation, processing, or
			 disposal of such waste. Such unauthorized waste materials can include hazardous
			 waste, medical waste, radioactive waste, and industrial waste.
				(2)For each incident
			 or circumstance identified under paragraph (1), an indication of the method or
			 circumstances of detection, and the identity of the source of the waste, the
			 transporter, and the disposal facility.
				(3)For each incident
			 or circumstance identified under paragraph (1), an indication of whether anyone
			 was cited for a violation, and if so the nature of the violation and any
			 penalty assessed.


		II
		111th CONGRESS
		1st Session
		S. 1438
		IN THE SENATE OF THE UNITED STATES

			July 10, 2009
			Mrs. Gillibrand
			 introduced the following bill; which was read twice and referred to the
			 Committee on Foreign
			 Relations

		A BILL
		To express the sense of Congress on improving
		  cybersecurity globally, to require the Secretary of State to submit a report to
		  Congress on improving cybersecurity, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Fostering a Global Response to Cyber
			 Attacks Act.
		2.FindingsCongress makes the following
			 findings:
			(1)For more than a
			 decade, reports have described the increasing vulnerability of the United
			 States to cyberattacks, including a recent leading think tank report that
			 stated, Cyber attack joins terrorism and weapons of mass destruction as
			 one of the new, asymmetric threats that put the U.S. and its allies at
			 risk..
			(2)There have been
			 numerous cyberattacks against United States intelligence and military targets,
			 resulting in the Department of Defense spending more than $100,000,000 in the
			 first 6 months of 2009 to repair damage to networks caused by
			 cyberattacks.
			(3)Cyberattacks cost
			 the economy of the United States billions of dollars annually.
			(4)A growing array
			 of state and non-state actors, such as terrorists and international criminal
			 groups, are targeting United States citizens, United States commerce, and the
			 information infrastructure of the United States, including the Internet,
			 telecommunications networks, computer systems, and embedded processors and
			 controllers in critical industries, to steal, exploit, and potentially disrupt
			 or destroy information.
			(5)Cyber
			 exploitation activity has grown more sophisticated, more targeted, and more
			 serious over the past year and is expected to increase as advances in
			 technology continue to increasingly underpin the society of the United
			 States.
			(6)Relevant
			 international cybersecurity agreements focus only on issues relating to cyber
			 crime and common operating standards and have not been signed by certain
			 countries from which cyberattacks may be launched.
			3.Sense of
			 Congress on improving cybersecurity globallyIt is the sense of Congress that the
			 Secretary of State should work with the governments of foreign
			 countries—
			(1)to develop
			 comprehensive norms and cooperative activities for international engagement to
			 improve cybersecurity;
			(2)to encourage
			 international cooperation in improving cybersecurity on a global basis;
			 and
			(3)to develop
			 appropriate safeguards for the protection of privacy, freedom of speech, and
			 commercial transactions to be included in any agreements or other activities
			 designed to safeguard cyberspace.
			4.Report on
			 improving cybersecurityNot
			 later than 270 days after the date of the enactment of this Act, the Secretary
			 of State shall submit to the Committee on Foreign Relations of the Senate and
			 the Committee on Foreign Affairs of the House of Representatives a report
			 describing any actions taken by the United States to work with the governments
			 of foreign countries to improve cybersecurity, as described in section
			 3.


117 S1657 IS: South China Sea and East China Sea Sanctions Act of 2021
U.S. Senate
2021-05-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1657IN THE SENATE OF THE UNITED STATESMay 17, 2021Mr. Rubio (for himself and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsA BILLTo impose sanctions with respect to the People's Republic of China in relation to activities in the South China Sea and the East China Sea, and for other purposes.1.Short titleThis Act may be cited as the South China Sea and East China Sea Sanctions Act of 2021.2.DefinitionsIn this Act:(1)Account; correspondent account; payable-through accountThe terms account, correspondent account, and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code.(2)AlienThe term alien has the meaning given that term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).(3)Appropriate committees of CongressThe term appropriate committees of Congress means—(A)the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and(B)the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives.(4)Chinese personThe term Chinese person means—(A)an individual who is a citizen or national of the People's Republic of China; or(B)an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China.(5)Financial institutionThe term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code.(6)Foreign financial institutionThe term foreign financial institution has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).(7)KnowinglyThe term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.(8)PersonThe term person means any individual or entity.(9)United states personThe term United States person means—(A)a United States citizen or an alien lawfully admitted for permanent residence to the United States; or(B)an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. 3.Sanctions with respect to Chinese persons responsible for China’s activities in the South China Sea and the East China Sea(a)Initial imposition of sanctionsOn and after the date that is 60 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to—(1)any Chinese person that contributes to construction or development projects, including land reclamation, island-making, lighthouse construction, building of base stations for mobile communications services, building of electricity and fuel supply facilities, or civil infrastructure projects, or contributes to the ongoing supply of new settlements resulting from such development projects, in areas of the South China Sea contested by one or more members of the Association of Southeast Asian Nations;(2)any Chinese person that is responsible for or complicit in, or has engaged in, directly or indirectly, actions or policies that threaten the peace, security, or stability of areas of the South China Sea contested by one or more members of the Association of Southeast Asian Nations or areas of the East China Sea administered by Japan or the Republic of Korea, including through the use of vessels and aircraft to impose the sovereignty of the People’s Republic of China in those areas;(3)any Chinese person that engages, or attempts to engage, in an activity or transaction that materially contributes to, or poses a risk of materially contributing to, an activity described in paragraph (1) or (2); and(4)any person that—(A)is owned or controlled by a person described in paragraph (1), (2), or (3);(B)is acting for or on behalf of such a person; or(C)provides, or attempts to provide—(i)financial, material, technological, or other support to a person described in paragraph (1), (2), or (3); or(ii)goods or services in support of an activity described in paragraph (1), (2), or (3).(b)Sanctions described(1)Blocking of propertyThe President shall block and prohibit, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), all transactions in all property and interests in property of any person subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.(2)Exclusion from united statesThe Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any person subject to subsection (a) that is an alien.(3)Current visa revokedThe issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to any person subject to subsection (a) that is an alien, regardless of when issued. The revocation shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession.(c)Exceptions; penalties(1)Inapplicability of national emergency requirementThe requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of subsection (b)(1).(2)Compliance with united nations headquarters agreementParagraphs (2) and (3) of subsection (b) shall not apply if admission of an alien to the United States 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, between the United Nations and the United States.(3)PenaltiesThe penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under subsection (b)(1) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206.(d)Additional imposition of sanctions(1)In generalThe President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines knowingly, on or after the date that is 60 days after the date of the enactment of this Act, conducts or facilitates a significant financial transaction for a person subject to subsection (a) if the Director of National Intelligence determines that the Government of the People’s Republic of China has—(A)declared an air defense identification zone over any part of the South China Sea;(B)initiated reclamation work at another disputed location in the South China Sea, such as at Scarborough Shoal;(C)seized control of Second Thomas Shoal;(D)deployed surface-to-air missiles to any of the artificial islands the People’s Republic of China has built in the Spratly Island chain, including Fiery Cross, Mischief, or Subi Reefs;(E)established territorial baselines around the Spratly Island chain;(F)repeated harassment of Philippine vessels; or(G)repeated provocative actions against the Japanese Coast Guard or Maritime Self-Defense Force or United States forces in the East China Sea.(2)Report(A)In generalThe determination of the Director of National Intelligence referred to in paragraph (1) shall be submitted in a report to the President and the appropriate committees of Congress.(B)Form of reportThe report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.4.Determinations and report on Chinese companies active in the South China Sea and the East China Sea(a)In generalThe Secretary of State shall submit to the appropriate committees of Congress a report that identifies each Chinese person the Secretary determines is engaged in the activities described in section 3(a).(b)ConsiderationIn preparing the report required under subsection (a), the Secretary shall make specific findings with respect to whether each of the following persons is involved in the activities described in section 3(a):(1)CCCC Tianjin Dredging Co., Ltd.(2)CCCC Dredging (Group) Company, Ltd.(3)China Communications Construction Company (CCCC), Ltd.(4)China Petroleum Corporation (Sinopec Group).(5)China Mobile.(6)China Telecom.(7)China Southern Power Grid.(8)CNFC Guangzhou Harbor Engineering Company.(9)Zhanjiang South Project Construction Bureau.(10)Hubei Jiangtian Construction Group.(11)China Harbour Engineering Company (CHEC).(12)Guangdong Navigation Group (GNG) Ocean Shipping.(13)Shanghai Leading Energy Shipping.(14)China National Offshore Oil Corporation (CNOOC).(15)China Oilfield Services Limited (COSL).(16)China Precision Machinery Import/Export Corporation (CPMIEC).(17)China Aerospace Science and Industry Corporation (CASIC).(18)Aviation Industry Corporation of China (AVIC).(19)Shenyang Aircraft Corporation.(20)Shaanxi Aircraft Corporation.(21)China Ocean Shipping (Group) Company (COSCO).(22)China Southern Airlines.(23)Zhan Chaoying.(24)Sany Group.(25)Chinese persons affiliated with any of the entities specified in paragraphs (1) through (24).(c)Submission and form(1)SubmissionThe report required by subsection (a) shall be submitted not later than 60 days after the date of the enactment of this Act and every 180 days thereafter until the date that is 3 years after such date of enactment.(2)FormThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if the Secretary determines it is necessary for the national security interests of the United States to do so.(3)Public availabilityThe Secretary shall publish the unclassified part of the report required by subsection (a) on a publicly available website of the Department of State.5.Prohibition against documents portraying the South China Sea or the East China Sea as part of ChinaThe Government Publishing Office may not publish any map, document, record, electronic resource, or other paper of the United States (other than materials relating to hearings held by committees of Congress or internal work product of a Federal agency) portraying or otherwise indicating that it is the position of the United States that the territory or airspace in the South China Sea contested by one or more members of the Association of Southeast Asian Nations or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea is part of the territory or airspace of the People’s Republic of China.6.Prohibition on facilitating certain investments in the South China Sea or the East China Sea(a)In generalNo United States person may take any action to approve, facilitate, finance, or guarantee any investment, provide insurance, or underwriting in the South China Sea or the East China Sea that involves any person with respect to which sanctions are imposed under section 3(a).(b)EnforcementThe Secretary of the Treasury, in consultation with the Secretary of State, is authorized to take such actions, including the promulgation of such rules and regulations, as may be necessary to carry out the purposes of this section.(c)PenaltiesThe penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under this section to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206.(d)ExceptionSubsection (a) shall not apply with respect to humanitarian assistance, disaster assistance, or emergency food assistance.7.Department of Justice affirmation of non-recognition of annexationIn any matter before any United States court, upon request of the court or any party to the matter, the Attorney General shall affirm the United States policy of not recognizing the de jure or de facto sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea.8.Non-recognition of Chinese sovereignty over the South China Sea or the East China Sea(a)United states armed forcesThe Secretary of Defense may not take any action, including any movement of aircraft or vessels that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea.(b)United states flagged vesselsNo vessel that is issued a certificate of documentation under chapter 121 of title 46, United States Code, may take any action that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea.(c)United states aircraftNo aircraft operated by an air carrier that holds an air carrier certificate issued under chapter 411 of title 49, United States Code, may take any action that implies recognition of the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea.9.Prohibition on certain assistance to countries that recognize Chinese sovereignty over the South China Sea or the East China Sea(a)ProhibitionExcept as provided by subsection (c) or (d), no amounts may be obligated or expended to provide foreign assistance to the government of any country identified in a report required by subsection (b).(b)Report required(1)In generalNot later than 60 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is 3 years after such date of enactment, the Secretary of State shall submit to the appropriate committees of Congress a report identifying each country that the Secretary determines recognizes, after such date of enactment, the sovereignty of the People’s Republic of China over territory or airspace contested by one or more members of the Association of Southeast Asian Nations in the South China Sea or the territory or airspace of areas of the East China Sea administered by Japan or the Republic of Korea.(2)FormThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if the Secretary of State determines it is necessary for the national security interests of the United States to do so.(3)Public availabilityThe Secretary of State shall publish the unclassified part of the report required by paragraph (1) on a publicly available website of the Department of State.(c)ExceptionThis section shall not apply with respect to Taiwan, humanitarian assistance, disaster assistance, emergency food assistance, or the Peace Corps.(d)WaiverThe President may waive the application of subsection (a) with respect to the government of a country if the President determines that the waiver is in the national interests of the United States.


116 HJ 23 IH: Proposing an amendment to the Constitution of the United States extending the right to vote to citizens sixteen years of age or older.
U.S. House of Representatives

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.

		IA
		116th CONGRESS
		1st Session
		H. J. RES. 23
		IN THE HOUSE OF REPRESENTATIVES

			January 9, 2019
			Ms. Meng (for herself and Ms. Schakowsky) introduced the following joint resolution; which was referred to the Committee on the Judiciary

		JOINT RESOLUTION
		Proposing an amendment to the Constitution of the United States extending the right to vote to
			 citizens sixteen years of age or older.

 That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification:

				 —
 1.The twenty-sixth article of amendment to the Constitution of the United States is hereby repealed. 2.The right of citizens of the United States, who are sixteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
 3.The Congress shall have power to enforce this article by appropriate legislation. .


114 HR 4787 IH: Finding Innovative Lionfish Elimination Technologies Act of 2016
U.S. House of Representatives
2016-03-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 4787
		IN THE HOUSE OF REPRESENTATIVES

			March 17, 2016
			Mr. Curbelo of Florida (for himself and Mr. Clawson of Florida) introduced the following bill; which was referred to the Committee on Natural Resources

		A BILL
		To direct the Secretary of Commerce to award competitive grants to institutions of higher education
			 to combat lionfish in the Atlantic Ocean and the Gulf of Mexico, through
			 the Cooperative Science and Education Program of the National Oceanic and
			 Atmospheric Administration.

 1.Short titleThis Act may be cited as the Finding Innovative Lionfish Elimination Technologies Act of 2016 or the FILET Act of 2016 . 2.Competitive grants to institutions of higher education to combat lionfish in the Atlantic Ocean and the Gulf of MexicoPublic Law 86–686 (74 Stat. 733) is amended—
 (1)by redesignating section 2 as section 3; and (2)by inserting after the first section (16 U.S.C. 753a) the following:

					2.Competitive grants to institutions of higher education to combat lionfish in the Atlantic Ocean and
 the Gulf of Mexico(a)In generalThe Secretary of Commerce, through the Cooperative Science and Education Program of the National Oceanic and Atmospheric Administration conducted under this Act, the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), and the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 (section 101(b) of division A of Public Law 105–277; 112 Stat. 2681–50), shall award competitive grants to institutions of higher education to combat the species of lionfish Pterois miles and Pterois volitans, in the Atlantic Ocean and the Gulf of Mexico.
 (b)EligibilityTo be eligible for a grant under this section, an institution must— (1)have established research infrastructure and proven capabilities of understanding the behavior of such species and the ecosystem of the Atlantic Ocean or the Gulf of Mexico; and
 (2)demonstrate a clear appreciation and understanding of the biological, chemical, and physical aspects of such ecosystem.
 (c)UseAmounts awarded as grants under this section shall be used— (1)for lionfish research and the impact of such species on the ecosystem of the of the Atlantic Ocean or the Gulf of Mexico;
 (2)to develop innovative technologies, including autonomous cameras and active acoustic systems appropriate for coastal environments, for detection of lionfish and determination of priority areas for removal of invasive species; and
 (3)to develop lionfish mitigation technologies, including traps and countermeasures. (d)Authorization of appropriationsThere is authorized to be appropriated to the Secretary for grants under this section $1,500,000 for fiscal years 2017 through 2021..


117 HR 4330 IH: Protect Reporters from Exploitative State Spying Act
U.S. House of Representatives
2021-07-01
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
117th CONGRESS1st Session
H. R. 4330
IN THE HOUSE OF REPRESENTATIVES

July 1, 2021
Mr. Raskin (for himself, Mr. Lieu, and Mr. Yarmuth) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To maintain the free flow of information to the public by establishing appropriate limits on the federally compelled disclosure of information obtained as part of engaging in journalism, and for other purposes.

1.Short titleThis Act may be cited as the Protect Reporters from Exploitative State Spying Act or the PRESS Act. 2.DefinitionsIn this Act:
(1)Covered journalistThe term covered journalist means a person who gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public. (2)Covered service provider (A)In generalThe term covered service provider means any person that, by an electronic means, stores, processes, or transmits information in order to provide a service to customers of the person.
(B)InclusionsThe term covered service provider includes— (i)a telecommunications carrier and a provider of an information service (as such terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153));
(ii)a provider of an interactive computer service and an information content provider (as such terms are defined in section 230 of the Communications Act of 1934 (47 U.S.C. 230)); (iii)a provider of remote computing service (as defined in section 2711 of title 18, United States Code); and
(iv)a provider of electronic communication service (as defined in section 2510 of title 18, United States Code) to the public. (3)DocumentThe term document means writings, recordings, and photographs, as those terms are defined by Federal Rule of Evidence 1001 (28 U.S.C. App.).
(4)Federal entityThe term Federal entity means an entity or employee of the judicial or executive branch or an administrative agency of the Federal Government with the power to issue a subpoena or issue other compulsory process. (5)JournalismThe term journalism means gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.
(6)Personal account of a covered journalistThe term personal account of a covered journalist means an account with a covered service provider used by a covered journalist that is not provided, administered, or operated by the employer of the covered journalist. (7)Personal technology device of a covered journalistThe term personal technology device of a covered journalist means a handheld communications device, laptop computer, desktop computer, or other internet-connected device used by a covered journalist that is not provided or administered by the employer of the covered journalist.
(8)Protected informationThe term protected information means any information identifying a source who provided information as part of engaging in journalism, and any records, contents of a communication, documents, or information that a covered journalist obtained or created as part of engaging in journalism. 3.Limits on compelled disclosure from covered journalistsIn any matter arising under Federal law, a Federal entity may not compel a covered journalist to disclose protected information, unless a court in the judicial district in which the subpoena or other compulsory process is, or will be, issued determines by a preponderance of the evidence, after providing notice and an opportunity to be heard to the covered journalist that—
(1)disclosure of the protected information is necessary to prevent, or to identify any perpetrator of, an act of terrorism against the United States; or (2)disclosure of the protected information is necessary to prevent a threat of imminent violence, significant bodily harm, or death.
4.Limits on compelled disclosure from covered service providers
(a)Conditions for compelled disclosureIn any matter arising under Federal law, a Federal entity may not compel a covered service provider to provide testimony or any document consisting of any record, information, or other communication that relates to a business transaction between the covered service provider and a covered journalist, including testimony or any document relating to a personal account of a covered journalist or a personal technology device of a covered journalist, unless a court in the judicial district in which the subpoena or other compulsory process is, or will be, issued determines by a preponderance of the evidence that there is a reasonable threat of imminent violence unless the testimony or document is provided, and issues an order authorizing the Federal entity to compel the disclosure of the testimony or document. (b)Notice to courtA Federal entity seeking to compel the provision of testimony or any document described in subsection (a) shall inform the court that the testimony or document relates to a covered journalist.
(c)Notice to covered journalist and opportunity To be heard
(1)In generalA court may authorize a Federal entity to compel the provision of testimony or a document under this section only after the Federal entity seeking the testimony or document provides the covered journalist who is a party to the business transaction described in subsection (a)— (A)notice of the subpoena or other compulsory request for such testimony or document from the covered service provider not later than the time at which such subpoena or request is issued to the covered service provider; and
(B)an opportunity to be heard before the court before the time at which the provision of the testimony or document is compelled. (2)Exception to notice requirement (A)In generalNotice and an opportunity to be heard under paragraph (1) may be delayed for not more than 45 days if the court involved determines there is clear and convincing evidence that such notice would pose a clear and substantial threat to the integrity of a criminal investigation, or would present an imminent risk of death or serious bodily harm.
(B)ExtensionsThe 45-day period described in subparagraph (A) may be extended by the court for additional periods of not more than 45 days if the court involved makes a new and independent determination that there is clear and convincing evidence that providing notice to the covered journalist would pose a clear and substantial threat to the integrity of a criminal investigation, or would present an imminent risk of death or serious bodily harm under current circumstances. 5.Limitation on content of informationThe content of any testimony, document, or protected information that is compelled under sections 3 or 4 shall—
(1)not be overbroad, unreasonable, or oppressive, and as appropriate, be limited to the purpose of verifying published information or describing any surrounding circumstances relevant to the accuracy of such published information; and (2)be narrowly tailored in subject matter and period of time covered so as to avoid compelling the production of peripheral, nonessential, or speculative information.
6.Rule of constructionNothing in this Act shall be construed to— (1)apply to civil defamation, slander, or libel claims or defenses under State law, regardless of whether or not such claims or defenses, respectively, are raised in a State or Federal court; or
(2)prevent the Federal Government from pursuing an investigation of a covered journalist or organization that is— (A)suspected of committing a crime;
(B)a witness to a crime unrelated to engaging in journalism; (C)suspected of being an agent of a foreign power, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801);
(D)an individual or organization designated under Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); (E)a specially designated terrorist, as that term is defined in section 595.311 of title 31, Code of Federal Regulations (or any successor thereto); or
(F)a terrorist organization, as that term is defined in section 212(a)(3)(B)(vi)(II) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)(II)).


109 HRES 1019 IH: Honoring the life of Carl Brashear, the first African-American Navy Master Chief Diver.
U.S. House of Representatives
2006-09-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
109th CONGRESS
2d Session
H. RES. 1019
IN THE HOUSE OF REPRESENTATIVES

September 20, 2006
Mr. Lewis of Kentucky submitted the following resolution; which was referred to the Committee on Armed Services

RESOLUTION
Honoring the life of Carl Brashear, the first African-American Navy Master Chief Diver.

Whereas Carl Brashear was born on January 19, 1931, in Larue County, Kentucky, and was raised in Sonora, Kentucky, in a sharecropping family, and joined the Navy on February 25, 1948, shortly after it was desegregated;
Whereas in 1966, Mr. Brashear recovered a hydrogen bomb dropped off the waters of Spain and received a severe leg injury that resulted in its amputation below the knee;
Whereas Mr. Brashear continued to train despite that setback, proving himself qualified to continue his missions with the Navy;
Whereas in 1970 Mr. Brashear qualified as the first African-American Master Chief Diver in the history of the United States Navy; and
Whereas Mr. Brashear’s story was portrayed in the 2000 film Men of Honor: Now, therefore, be it

That the House of Representatives honors the life of Carl Brashear, the first African-American Master Chief Diver in the United States Navy, and his service to the Nation.


117 SRES 159 ATS: Designating the week of April 17, 2021, through April 25, 2021, as “National Park Week”.
U.S. Senate
2021-04-15
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.

III117th CONGRESS1st SessionS. RES. 159IN THE SENATE OF THE UNITED STATESApril 15, 2021Mr. King (for himself, Mr. Daines, Mr. Markey, Mr. Rubio, Ms. Cantwell, Mr. Cramer, Mr. Reed, Mr. Portman, Mr. Manchin, Ms. Collins, Ms. Smith, Mr. Wicker, Mr. Warner, Mr. Cotton, Mrs. Murray, Mr. Burr, Ms. Hirono, Mr. Hoeven, Ms. Rosen, Mr. Blunt, Mr. Cardin, Mr. Tillis, Ms. Stabenow, Mr. Cassidy, Mrs. Feinstein, Mr. Boozman, Ms. Cortez Masto, Mr. Johnson, Mr. Coons, Ms. Baldwin, Mr. Heinrich, Mr. Bennet, Ms. Hassan, Ms. Klobuchar, Ms. Lummis, Mr. Braun, Mr. Young, Mr. Scott of Florida, Mrs. Capito, Mr. Padilla, Mr. Whitehouse, Mr. Barrasso, Mr. Graham, Mr. Rounds, Mr. Kaine, Mr. Scott of South Carolina, Mr. Merkley, Mr. Carper, Mr. Marshall, and Mr. Tester) submitted the following resolution; which was considered and agreed toRESOLUTIONDesignating the week of April 17, 2021, through April 25, 2021, as National Park Week.Whereas, on March 1, 1872, Congress established Yellowstone National Park as the first national park for the enjoyment of the people of the United States;Whereas, on August 25, 1916, Congress established the National Park Service with the mission to preserve unimpaired the natural and cultural resources and values of the National Park System for the enjoyment, education, and inspiration of current and future generations;Whereas the National Park Service continues to protect and manage the majestic landscapes, hallowed battlefields, and iconic cultural and historical sites of the United States;Whereas the units of the National Park System can be found in every State and many territories of the United States and many of the units embody the rich natural and cultural heritage of the United States, reflect a unique national story through people and places, and offer countless opportunities for recreation, volunteerism, cultural exchange, education, civic engagement, and exploration;Whereas visits and visitors to the national parks of the United States are important economic drivers for the economy, responsible for $21,000,000,000 in spending in 2019;Whereas the dedicated employees of the National Park Service carry out their mission to protect the units of the national parks system of the United States so that the vibrant culture, diverse wildlife, and priceless resources of these unique places will endure for perpetuity; and Whereas the people of the United States have inherited the remarkable legacy of the National Park System and are entrusted with the preservation of the National Park System throughout its second century: Now, therefore, be it That the Senate—(1)designates the week of April 17, 2021, through April 25, 2021, as National Park Week; and(2)encourages the people of the United States and the world to responsibly visit, experience, and support the treasured national parks of the United States while protecting public health during the coronavirus pandemic.


114 S1706 IS: Energy Efficient Government Technology Act
U.S. Senate
2015-07-07
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. 1706IN THE SENATE OF THE UNITED STATESJuly 7, 2015Mr. Risch (for himself and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo amend the Energy Independence and Security Act of 2007 to promote energy efficiency via
			 information and computing technologies, and for other purposes.

 1.Short titleThis Act may be cited as the Energy Efficient Government Technology Act. 2.Energy-efficient and energy-saving information technologiesSubtitle C of title V of the Energy Independence and Security Act of 2007 (Public Law 110–140; 121 Stat. 1661) is amended by adding at the end the following:

				530.Energy-efficient and energy-saving information technologies
 (a)DefinitionsIn this section: (1)DirectorThe term Director means the Director of the Office of Management and Budget.
 (2)Information technologyThe term information technology has the meaning given that term in section 11101 of title 40, United States Code. (b)Development of implementation strategyNot later than 1 year after the date of enactment of this section, each Federal agency shall coordinate with the Director, the Secretary, and the Administrator of the Environmental Protection Agency to develop an implementation strategy (that includes best practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information technologies, taking into consideration the performance goals established under subsection (d).
 (c)AdministrationIn developing an implementation strategy under subsection (b), each Federal agency shall consider— (1)advanced metering infrastructure;
 (2)energy-efficient data center strategies and methods of increasing asset and infrastructure utilization;
 (3)advanced power management tools; (4)building information modeling, including building energy management;
 (5)secure telework and travel substitution tools; and (6)mechanisms to ensure that the agency realizes the energy cost savings brought about through increased efficiency and utilization.
						(d)Performance goals
 (1)In generalNot later than 180 days after the date of enactment of this section, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy-saving information technology.
 (2)Best practicesThe Chief Information Officers Council established under section 3603 of title 44, United States Code, shall recommend best practices for the attainment of the performance goals, which shall include Federal agency consideration of the use of—
 (A)energy savings performance contracting; and (B)utility energy services contracting.
							(e)Reports
 (1)Agency reportsEach Federal agency shall include in the report of the agency under section 527 a description of the efforts and results of the agency under this section.
 (2)OMB government efficiency reports and scorecardsEffective beginning not later than October 1, 2016, the Director shall include in the annual report and scorecard of the Director required under section 528 a description of the efforts and results of Federal agencies under this section..
 3.Energy efficient data centersSection 453 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112) is amended— (1)in subsection (b), by striking paragraph (3); and
 (2)by striking subsections (c) through (g) and inserting the following:  (c)Stakeholder involvement (1)In generalThe Secretary and the Administrator shall carry out subsection (b) in collaboration with information technology industry and other key stakeholders, with the goal of producing results that accurately reflect the best knowledge in the most pertinent domains.
 (2)OrganizationsIn collaborating under paragraph (1), the Secretary and the Administrator shall pay particular attention to organizations that—
 (A)have members with expertise in energy efficiency and in the development, operation, and functionality of data centers, information technology equipment, and software, such as representatives of hardware manufacturers, data center operators, and facility managers;
 (B)obtain and address input from Department of Energy National Laboratories or any college, university, research institution, industry association, company, or public interest group with applicable expertise;
 (C)follow— (i)commonly accepted procedures for the development of specifications; and
 (ii)accredited standards development processes; and (D)have a mission to promote energy efficiency for data centers and information technology.
 (d)Measurements and SpecificationsThe Secretary and the Administrator shall consider and assess the adequacy of the specifications, measurements, and benchmarks described in subsection (b) for use by—
 (1)the Federal Energy Management Program;
 (2)the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a); and
 (3)other efficiency programs of the Department of Energy or the Environmental Protection Agency.
 (e)StudyNot later than 1 year after the date of enactment of this Act, the Secretary, in collaboration with the Administrator, shall make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under section 1 of Public Law 109–431 (120 Stat. 2920), that provides—
 (1)a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2007 through 2014;
 (2)an analysis considering the impact of information technologies (including virtualization and cloud computing) in the public and private sectors;
 (3)an evaluation of the impact of the combination of cloud platforms, mobile devices, social media, and big data on data center energy usage; and
 (4)updated projections and recommendations for best practices through fiscal year 2020. (f)Data center energy practitioner program (1)In generalThe Secretary, in collaboration with key stakeholders and the Director of the Office of Management and Budget, shall carry out a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in Federal data centers.
 (2)Periodic evaluationsEach Federal agency shall consider having the data centers of the agency evaluated every 4 years by energy practitioners certified pursuant to the program, whenever practicable, using certified practitioners employed by the agency.
						(g)Open data initiative
 (1)In generalThe Secretary, in collaboration with key stakeholders and the Office of Management and Budget, shall carry out an open data initiative for Federal data center energy usage data to make such data available and accessible in a manner that encourages further data center innovation, optimization, and consolidation.
 (2)ModelIn carrying out the initiative, the Secretary shall consider the use of the online Data Center Maturity Model.
 (h)International specifications and metricsThe Secretary, in collaboration with key stakeholders, shall actively participate in efforts to harmonize global specifications and metrics for data center energy efficiency.
 (i)Data center utilization metricThe Secretary, in collaboration with key stakeholders, shall facilitate the development of an efficiency metric that measures the energy efficiency of a data center (including equipment and facilities).
 (j)Protection of proprietary informationThe Secretary and the Administrator shall not disclose any proprietary information or trade secrets provided by any individual or company for the purposes of carrying out this section or the programs and initiatives carried out under this section..