110 HR 6693 IH: Harriet Tubman National Historical

U.S. House of Representatives
2008-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 6693
		IN THE HOUSE OF REPRESENTATIVES

			July 31, 2008
			Mr. Arcuri (for
			 himself, Ms. Edwards of Maryland, and
			 Mr. Van Hollen) introduced the
			 following bill; which was referred to the Committee on Natural
			 Resources

		A BILL
		To establish the Harriet Tubman National Historical Park
		  in Auburn, New York, and the Harriet Tubman Underground Railroad National
		  Historical Park in Caroline, Dorchester, and Talbot Counties, Maryland, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 Harriet Tubman National Historical
			 Park and Harriet Tubman Underground Railroad National Historical Park
			 Act.
		2.Findings;
			 purposes
			(a)FindingsCongress
			 finds that—
				(1)Harriet Tubman
			 (born Araminta Minty Ross)—
					(A)was born into
			 slavery in Maryland around 1822;
					(B)married John
			 Tubman at age 25;
					(C)endured through
			 her youth and young adulthood the hardships of enslaved African-Americans;
			 and
					(D)boldly emancipated
			 herself from bondage in 1849;
					(2)not satisfied with
			 attaining her own freedom, Harriet Tubman—
					(A)returned
			 repeatedly for more than 10 years to the places of her enslavement in
			 Dorchester and Caroline Counties, Maryland; and
					(B)under the most
			 adverse circumstances led away many family members and acquaintances to freedom
			 in the northern region of the United States and Canada;
					(3)Harriet Tubman
			 was—
					(A)called
			 Moses by African-Americans and white abolitionists; and
					(B)acknowledged as 1
			 of the most prominent conductors of the resistance that came to
			 be known as the Underground Railroad;
					(4)in 1868, Frederick
			 Douglass wrote that, with the exception of John Brown, Douglass knew of
			 no one who has willingly encountered more perils and hardships to serve
			 our enslaved people than Harriet Tubman;
				(5)during the Civil
			 War, Harriet Tubman—
					(A)was recruited to
			 assist Union troops as a nurse, a scout, and a spy; and
					(B)served in
			 Virginia, Florida, and South Carolina, where she is credited with facilitating
			 the rescue of hundreds of enslaved people;
					(6)Harriet Tubman
			 established in Auburn, New York, 1 of the first incorporated homes for aged
			 African-Americans in the United States, which, 10 years before her death, she
			 bequeathed to the African Methodist Episcopal Zion Church;
				(7)there are
			 nationally significant resources comprised of relatively unchanged landscapes
			 associated with the early life of Harriet Tubman in Caroline, Dorchester, and
			 Talbot Counties, Maryland;
				(8)there are
			 nationally significant resources relating to Harriet Tubman in Auburn, New
			 York, including—
					(A)the residence of
			 Harriet Tubman;
					(B)the Tubman Home
			 for the Aged;
					(C)the Thompson
			 Memorial AME Zion Church; and
					(D)the final resting
			 place of Harriet Tubman in Fort Hill Cemetery;
					(9)in developing
			 interpretive programs, the National Park Service would benefit from increased
			 scholarship of the African-American experience during the decades preceding the
			 Civil War and throughout the remainder of the 19th century; and
				(10)it is fitting and
			 proper that the nationally significant resources relating to Harriet Tubman be
			 preserved for future generations as units of the National Park System so that
			 people may understand and appreciate the contributions of Harriet Tubman to the
			 history and culture of the United States.
				(b)PurposesThe
			 purposes of this Act are—
				(1)to preserve and
			 promote stewardship of the resources in Auburn, New York, and Caroline,
			 Dorchester, and Talbot Counties, Maryland, relating to the life and
			 contributions of Harriet Tubman;
				(2)to
			 provide for partnerships with the African Methodist Episcopal Zion Church, the
			 States of New York and Maryland, political subdivisions of the States, the
			 Federal Government, local governments, nonprofit organizations, and private
			 property owners for resource protection, research, interpretation, education,
			 and public understanding and appreciation of the life and contributions of
			 Harriet Tubman;
				(3)to sustain
			 agricultural and forestry land uses in Caroline, Dorchester, and Talbot
			 Counties, Maryland, that remain evocative of the landscape during the life of
			 Harriet Tubman; and
				(4)to
			 establish a competitive grants program for scholars of African-American history
			 relating to Harriet Tubman and the Underground Railroad.
				3.DefinitionsIn this Act:
			(1)ChurchThe
			 term Church means the Thompson Memorial AME Zion Church located
			 in Auburn, New York.
			(2)Historically
			 Black college or universityThe term historically Black
			 college or university has the meaning given the term part B
			 institution in section 322 of the Higher Education Act of 1965 (20 U.S.C.
			 1061)).
			(3)Predominantly
			 black institutionThe term Predominantly Black
			 Institution has the meaning given the term in section 499A(c) of the
			 Higher Education Act of 1965 (20 U.S.C. 1099e(c)).
			(4)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(5)Visitor
			 centerThe term Visitor Center means the Harriet
			 Tubman Underground Railroad State Park Visitor Center to be constructed under
			 section 5(d).
			4.Establishment of
			 harriet tubman national historical park
			(a)EstablishmentOn
			 the execution of easements with the Church, the Secretary shall—
				(1)establish the
			 Harriet Tubman National Historical Park (referred to in this section as the
			 Historical Park) in the City of Auburn, New York, as a unit of
			 the National Park System; and
				(2)publish notice of
			 the establishment of the Historical Park in the Federal Register.
				(b)Boundary
				(1)In
			 generalThe Historical Park shall be comprised of structures and
			 properties associated with the Harriet Tubman home, the Tubman Home for the
			 Aged, the Church, and the Rectory, as generally depicted on the map entitled
			 Harriet Tubman National Historical Park—Proposed Boundary,
			 numbered ____, and dated ___.
				(2)Availability of
			 mapThe map described in paragraph (1) shall be available for
			 public inspection in the appropriate offices of the National Park
			 Service.
				(c)Acquisition of
			 landThe Secretary may acquire from willing sellers, by donation,
			 purchase with donated or appropriated funds, or exchange, land or interests in
			 land within the boundary of the Historical Park.
			(d)Financial
			 AssistanceThe Secretary may provide grants to, and enter into
			 cooperative agreements with—
				(1)the Church
			 for—
					(A)historic
			 preservation of, rehabilitation of, research on, and maintenance of properties
			 within the boundary of the Historical Park; and
					(B)interpretation of
			 the Historical Park;
					(2)the Fort Hill
			 Cemetery Association for maintenance and interpretation of the gravesite of
			 Harriet Tubman; and
				(3)the State of New
			 York, any political subdivisions of the State, the City of Auburn, and
			 nonprofit organizations for—
					(A)preservation and
			 interpretation of resources relating to Harriet Tubman in the City of Auburn,
			 New York;
					(B)conducting
			 research, including archaeological research; and
					(C)providing for
			 stewardship programs, education, public access, signage, and other interpretive
			 devices at the Historical Park for interpretive purposes.
					(e)InterpretationThe
			 Secretary may provide interpretive tours to sites located outside the
			 boundaries of the Historical Park in Auburn, New York, that include resources
			 relating to Harriet Tubman.
			(f)General
			 management plan
				(1)In
			 generalNot later than 3 years after the date on which funds are
			 made available to carry out this subsection, the Secretary, in cooperation with
			 the Church, shall complete a general management plan for the Historical Park in
			 accordance with section 12(b) of Public Law 91–383 (16 U.S.C. 1a–7(b)).
				(2)CoordinationThe
			 Secretary shall coordinate the preparation and implementation of the general
			 management plan for the Harriet Tubman National Historical Park with—
					(A)the Harriet Tubman
			 Underground Railroad National Historical Park in Maryland; and
					(B)the National
			 Underground Railroad: Network to Freedom.
					5.Establishment of
			 the harriet tubman underground railroad national historical park
			(a)EstablishmentThere
			 is established as a unit of the National Park System the Harriet Tubman
			 Underground Railroad National Historical Park (referred to in this section as
			 the Historical Park) in Caroline, Dorchester, and Talbot
			 Counties, Maryland.
			(b)Boundary
				(1)In
			 generalThe boundary of the Historical Park shall consist of
			 certain landscapes and associated resources relating to the early life and
			 enslavement of Harriet Tubman and the Underground Railroad, as generally
			 depicted on the map entitled Harriet Tubman Underground Railroad
			 National Historical Park—Proposed Boundary, numbered ____, and dated
			 _____.
				(2)Additional
			 sitesThe Secretary, after consultation with landowners, the
			 State of Maryland, and units of local government, may modify the boundary of
			 the Historical Park to include additional resources relating to Harriet Tubman
			 that—
					(A)are located within
			 the vicinity of the Historical Park; and
					(B)are identified in
			 the general management plan prepared under subsection (g) as appropriate for
			 interpreting the life of Harriet Tubman.
					(3)Availability of
			 mapOn modification of the boundary of the Historical Park under
			 paragraph (2), the Secretary shall make available for public inspection in the
			 appropriate offices of the National Park Service a revised map of the
			 Historical Park.
				(c)Acquisition of
			 landThe Secretary may acquire from willing sellers, by donation,
			 purchase with donated or appropriated funds, or exchange, land or an interest
			 in land within the boundaries of the Historical Park.
			(d)GrantsIn
			 accordance with section 7(b)(2), the Secretary may provide grants—
				(1)to the State of
			 Maryland, political subdivisions of the State, and nonprofit organizations for
			 the acquisition of less than fee title (including easements) or fee title to
			 land in Caroline, Dorchester, and Talbot Counties, Maryland, within the
			 boundary of the Historical Park; and
				(2)on execution of a
			 memorandum of understanding between the State of Maryland and the Director of
			 the National Park Service, to the State of Maryland for the construction of the
			 Harriet Tubman Underground Railroad State Park Visitor Center on land owned by
			 the State of Maryland in Dorchester County, Maryland, subject to the condition
			 that the State of Maryland provide the Director of the National Park Service,
			 at no additional cost, sufficient office space and exhibition areas in the
			 Visitor Center to carry out the purposes of the Historical Park.
				(e)Financial
			 assistanceThe Secretary may
			 provide grants to, and enter into cooperative agreements with, the State of
			 Maryland, political subdivisions of the State, nonprofit organizations,
			 colleges and universities, and private property owners for—
				(1)the restoration or
			 rehabilitation, public use, and interpretation of sites and resources relating
			 to Harriet Tubman;
				(2)the
			 conduct of research, including archaeological research;
				(3)providing
			 stewardship programs, education, signage, and other interpretive devices at the
			 sites and resources for interpretive purposes; and
				(4)(A)the design and
			 construction of the Visitor Center; and
					(B)the operation and maintenance of the
			 Visitor Center.
					(f)InterpretationThe
			 Secretary may provide interpretive tours to sites and resources located outside
			 the boundary of the Historical Park in Caroline, Dorchester, and Talbot
			 Counties, Maryland, relating to the life of Harriet Tubman and the Underground
			 Railroad.
			(g) General
			 management plan
				(1)In
			 generalNot later than 3 years after the date on which funds are
			 made available to carry out this subsection, the Secretary, in coordination
			 with the State of Maryland, political subdivisions of the State, and the United
			 States Fish and Wildlife Service, shall complete a general management plan for
			 the Historical Park in accordance with section 12(b) of Public Law 91–383 (16
			 U.S.C. 1a–7(b)).
				(2)CoordinationThe
			 Secretary shall coordinate the preparation and implementation of the general
			 management plan for the Historical Park with—
					(A)the Harriet Tubman
			 National Historical Park in Auburn, New York;
					(B)the National
			 Underground Railroad: Network to Freedom;
					(C)the Maryland
			 Harriet Tubman Underground Railroad State Park; and
					(D)the Harriet Tubman
			 Underground Railroad Byway in Dorchester and Caroline Counties,
			 Maryland.
					(3)Priority
			 TreatmentThe general management plan for the Historical Park
			 shall give priority to the adequate protection of, interpretation of, public
			 appreciation for, archaeological investigation of, and research on Stewart's
			 Canal, the Jacob Jackson home site, the Brodess Farm, the Ben Ross and Anthony
			 Thompson properties on Harrisville Road, and the James Cook site, all of which
			 are privately owned potential future properties in the Blackwater National
			 Wildlife Refuge.
				(h)Blackwater
			 National Wildlife Refuge
				(1)Interagency
			 agreementThe Secretary shall ensure that, not later than 1 year
			 after the date of enactment of this Act, the National Park Service and the
			 United States Fish and Wildlife Service enter into an interagency agreement
			 that—
					(A)promotes and
			 mutually supports the compatible stewardship and interpretation of Harriet
			 Tubman resources at the Blackwater National Wildlife Refuge; and
					(B)provides for the
			 maximum level of cooperation between those Federal agencies to further the
			 purposes of this Act.
					(2)Effect of
			 actNothing in this Act modifies, alters, or amends the
			 authorities of the United States Fish and Wildlife Service in the
			 administration and management of the Blackwater National Wildlife
			 Refuge.
				6.Administration
			(a)In
			 generalThe Secretary shall administer the Harriet Tubman
			 National Historical Park and the Harriet Tubman Underground Railroad National
			 Historical Park in accordance with this Act and the laws generally applicable
			 to units of the National Park System including—
				(1)the National Park
			 Service Organic Act (16 U.S.C. 1 et seq.); and
				(2)the Act of August
			 21, 1935 (16 U.S.C. 461 et seq.).
				(b)Park
			 regulationsNotwithstanding subsection (a), regulations and
			 policies applicable to units of the National Park System shall apply only to
			 Federal land administrated by the National Park Service that is located within
			 the boundary of the Harriet Tubman Underground Railroad National Historical
			 Park.
			7.Authorization of
			 appropriations
			(a)In
			 generalThere are authorized to be appropriated such sums as are
			 necessary to carry out this Act (other than subsection (b)), including the
			 provision of National Park Service personnel and National Park Service
			 management funds for the Harriet Tubman National Historical Park and the
			 Harriet Tubman Underground Railroad National Historical Park.
			(b)GrantsThere
			 are authorized to be appropriated not more than—
				(1)$7,500,000 to
			 provide grants to the Church for—
					(A)historic
			 preservation, rehabilitation, and restoration of resources within the boundary
			 of the Harriet Tubman National Historical Park; and
					(B)the costs of
			 design, construction, installation, and maintenance of exhibits and other
			 interpretive devices authorized under section 4(d)(1)(B);
					(2)$11,000,000 for
			 grants to the State of Maryland for activities authorized under subsections
			 (d)(1) and (e)(4)(A) of section 5; and
				(3)$200,000 for
			 fiscal year 2009 and each fiscal year thereafter for competitive grants to
			 historically Black colleges and universities, Predominately Black Institutions,
			 and minority serving institutions for research into the life of Harriet Tubman
			 and the African-American experience during the years that coincide with the
			 life of Harriet Tubman.
				(c)Cost-sharing
			 requirement
				(1)Church and
			 visitor center grantsThe Federal share of the cost of activities
			 provided grants under paragraph (1) or (2) of subsection (b) and any
			 maintenance, construction, or utility costs incurred pursuant to a cooperative
			 agreement entered into under section 4(d)(1)(A) or section 5(e) shall not be
			 more than 50 percent.
				(2)Historically
			 black colleges and universitiesThe Federal share of the cost of
			 activities provided assistance under subsection (b)(3) shall be not more than
			 75 percent.
				(3)Form of
			 non-Federal shareThe non-Federal share required under this
			 subsection may be in the form of in-kind contributions of goods or services
			 fairly valued.


117 S1595 IS: Thin Blue Line Act
U.S. Senate
2021-05-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1595IN THE SENATE OF THE UNITED STATESMay 12, 2021Mr. Toomey (for himself, Mr. Tillis, Mr. Cotton, Mr. Johnson, Mr. Hoeven, Mr. Braun, Mrs. Capito, Mr. Inhofe, Ms. Ernst, Mr. Blunt, Mr. Thune, Mrs. Blackburn, Mr. Rubio, Mr. Scott of Florida, Mr. Rounds, and Mr. Tuberville) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to provide enhanced penalties for convicted murderers who kill or target America’s public safety officers.1.Short titleThis Act may be cited as the Thin Blue Line Act.2.Aggravating Factors for Death PenaltySection 3592(c) of title 18, United States Code, is amended by inserting after paragraph (16) the following:(17)Killing or targeting of law enforcement officer(A)The defendant killed or attempted to kill, in the circumstance described in subparagraph (B), a person who is authorized by law—(i)to engage in or supervise the prevention, detention, investigation, or prosecution, or the incarceration of any person for any criminal violation of law;(ii)to apprehend, arrest, or prosecute an individual for any criminal violation of law; or(iii)to be a firefighter or other first responder.(B)The circumstance referred to in subparagraph (A) is that the person was killed or targeted—(i)while he or she was engaged in the performance of his or her official duties;(ii)because of the performance of his or her official duties; or(iii)because of his or her status as a public official or employee..


113 HR 4104 IH: Savings on Medical Expenses for Seniors Act of 2014
U.S. House of Representatives
2014-02-27
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
		2d Session
		H. R. 4104
		IN THE HOUSE OF REPRESENTATIVES

			February 27, 2014
			Mrs. Negrete McLeod introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to make permanent the 7.5 percent threshold for the
			 medical expense deduction for people 65 or older.

		1.Short titleThis Act may be cited as the Savings on Medical Expenses for Seniors Act of 2014.
		2.7.5 percent threshold for medical expense deduction for people 65 or older made permanent
			(a)In generalSection 213(a) of the Internal Revenue Code of 1986 is amended by inserting before the period at
			 the end the following: (7.5 percent of adjusted gross income in the case that such taxpayer or such taxpayer's spouse has
			 attained age 65 before the close of such taxable year).
			(b)Conforming amendments
				(1)Section 213 of the Internal Revenue Code of 1986 is amended by striking subsection (f).
				(2)Section 56(b)(1)(B) of the Internal Revenue Code of 1986 is amended by striking subsection (f) of such section and inserting the parenthetical relating to 7.5 percent.
				(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the
			 enactment of this Act.


		II
		112th CONGRESS
		2d Session
		S. 3332
		IN THE SENATE OF THE UNITED STATES

			June 21, 2012
			Mr. Begich (for himself,
			 Ms. Ayotte, Mr.
			 Boozman, Mr. Inouye,
			 Mrs. McCaskill, Ms. Murkowski, Mr.
			 Rockefeller, Ms. Snowe,
			 Mr. Vitter, and Mr. Wicker) introduced the following bill; which was
			 read twice and referred to the Committee
			 on Commerce, Science, and Transportation

		A BILL
		To provide for the establishment of nationally uniform
		  and environmentally sound standards governing discharges incidental to the
		  normal operation of a vessel in the navigable waters of the United States.

		1.Short
			 title; table of contents
			(a)Short
			 titleThis Act may be cited as the Vessel Incidental Discharge
			 Act.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					Sec. 2. Findings; purpose.
					Sec. 3. Definitions.
					Sec. 4. Regulation and enforcement.
					Sec. 5. Uniform vessel incidental discharge
				standards.
					Sec. 6. Treatment technology certification.
					Sec. 7. Exemptions.
					Sec. 8. Alternative compliance program.
					Sec. 9. Judicial review.
					Sec. 10. Effect on State authority.
					Sec. 11. Application with other statutes.

			2.Findings;
			 purpose
			(a)FindingsCongress
			 makes the following findings:
				(1)Beginning with
			 enactment of the Act to Prevent Pollution from Ships in 1980 (22 U.S.C. 1901 et
			 seq.), the United States Coast Guard has been the principal Federal authority
			 charged with administering, enforcing, and prescribing regulations relating to
			 the discharge of pollutants from vessels engaged in maritime commerce and
			 transportation.
				(2)The Coast Guard
			 estimates there are approximately 12,700,000 State-registered recreational
			 vessels, 78,000 commercial fishing vessels, and 57,000 freight and tank barges
			 operating in United States waters.
				(3)From 1973 to
			 2005, certain discharges incidental to the normal operation of a vessel were
			 exempted by regulation from otherwise applicable permitting
			 requirements.
				(4)Over the 32 years
			 during which this regulatory exemption was in effect, Congress enacted statutes
			 on a number of occasions dealing with the regulation of discharges incidental
			 to the normal operation of a vessel, including—
					(A)the Act to
			 Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) in 1980;
					(B)the Nonindigenous
			 Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et
			 seq.);
					(C)the National
			 Invasive Species Act of 1996 (110 Stat. 4073);
					(D)section 415 of
			 the Coast Guard Authorization Act of 1998 (112 Stat. 3434) and section 623 of
			 the Coast Guard and Maritime Transportation Act of 2004 (33 U.S.C. 1901 note),
			 which established interim and permanent requirements, respectively, for the
			 regulation of incidental vessel discharges of certain bulk cargo
			 residue;
					(E)title XIV of
			 division B of Appendix D of the Consolidated Appropriations Act, 2001 (114
			 Stat. 2763), which prohibited or limited certain vessel discharges in certain
			 areas of Alaska;
					(F)section 204 of
			 the Maritime Transportation Security Act of 2002 (33 U.S.C. 1902a), which
			 established requirements for the regulation of incidental vessel discharges of
			 agricultural cargo residue material in the form of hold washings; and
					(G)title X of the
			 Coast Guard Authorization Act of 2010 (33 U.S.C. 3801 et seq.), which provided
			 for the implementation of the International Convention on the Control of
			 Harmful Anti-Fouling Systems on Ships, 2001.
					(b)PurposeThe
			 purpose of this Act is to provide for the establishment of nationally uniform
			 and environmentally sound standards for discharges incidental to the normal
			 operation of a vessel in the navigable waters of the United States.
			3.DefinitionsIn this Act:
			(1)AdministratorThe
			 term Administrator means the Administrator of the Environmental
			 Protection Agency.
			(2)Aquatic
			 nuisance speciesThe term aquatic nuisance species
			 means a nonindigenous species (including a pathogen) that threatens the
			 diversity or abundance of native species or the ecological stability of
			 navigable waters or commercial, agricultural, aquacultural, or recreational
			 activities dependent on such waters.
			(3)Ballast
			 water
				(A)In
			 generalThe term ballast water means any water,
			 including any sediment suspended in such water, taken aboard a vessel—
					(i)to
			 control trim, list, draught, stability, or stresses of the vessel; or
					(ii)during the
			 cleaning, maintenance, or other operation of a ballast water treatment
			 technology of the vessel.
					(B)ExclusionsThe
			 term ballast water does not include any pollutant that is added to
			 water described in subparagraph (A) that is not directly related to the
			 operation of a properly functioning ballast water treatment technology under
			 this Act.
				(4)Ballast water
			 performance standardThe term ballast water performance
			 standard means the numerical ballast water performance standard set
			 forth in Regulation D–2 of the International Convention for the Control and
			 Management of Ships’ Ballast Water and Sediments, adopted on February 13, 2004,
			 or a revised numerical ballast water performance standard established under
			 section 5.
			(5)Ballast water
			 treatment technology or treatment technologyThe term
			 ballast water treatment technology or treatment
			 technology means any mechanical, physical, chemical, or biological
			 process used, alone or in combination, to remove, render harmless, or avoid the
			 uptake or discharge of aquatic nuisance species within ballast water.
			(6)BiocideThe
			 term biocide means a substance or organism, including a virus or
			 fungus, that is introduced into or produced by a ballast water treatment
			 technology to reduce or eliminate aquatic nuisance species as part of the
			 process used to comply with a ballast water performance standard under this
			 Act.
			(7)Discharge
			 incidental to the normal operation of a vessel
				(A)In
			 generalThe term discharge incidental to the normal
			 operation of a vessel means—
					(i)a
			 discharge into navigable waters from a vessel of—
						(I)(aa)ballast water,
			 graywater, bilge water, cooling water, oil water separator effluent,
			 anti-fouling hull coating leachate, boiler or economizer blowdown, byproducts
			 from cathodic protection, controllable pitch propeller and thruster hydraulic
			 fluid, distillation and reverse osmosis brine, elevator pit effluent, firemain
			 system effluent, freshwater layup effluent, gas turbine wash water, motor
			 gasoline and compensating effluent, refrigeration and air condensate effluent,
			 seawater pumping biofouling prevention substances, boat engine wet exhaust,
			 sonar dome effluent, exhaust gas scrubber washwater, or stern tube packing
			 gland effluent; or
							(bb)any other pollutant associated with
			 the operation of a marine propulsion system, shipboard maneuvering system,
			 habitability system, or installed major equipment, or from a protective,
			 preservative, or absorptive application to the hull of a vessel;
							(II)weather deck
			 runoff, deck wash, aqueous film forming foam effluent, chain locker effluent,
			 non-oily machinery wastewater, underwater ship husbandry effluent, welldeck
			 effluent, or fish hold and fish hold cleaning effluent; or
						(III)any effluent
			 from a properly functioning marine engine; or
						(ii)a
			 discharge of a pollutant into navigable waters in connection with the testing,
			 maintenance, or repair of a system, equipment, or engine described in subclause
			 (I)(bb) or (III) of clause (i) whenever the vessel is waterborne.
					(B)ExclusionsThe
			 term discharge incidental to the normal operation of a vessel does
			 not include—
					(i)a
			 discharge into navigable waters from a vessel of—
						(I)rubbish, trash,
			 garbage, incinerator ash, or other such material discharged overboard;
						(II)oil or a
			 hazardous substance as those terms are defined in section 311 of the Federal
			 Water Pollution Control Act (33 U.S.C. 1321);
						(III)sewage as
			 defined in section 312(a)(6) of the Federal Water Pollution Control Act (33
			 U.S.C. 1322(a)(6)); or
						(IV)graywater
			 referred to in section 312(a)(6) of the Federal Water Pollution Control Act (33
			 U.S.C. 1322(a)(6));
						(ii)an
			 emission of an air pollutant resulting from the operation onboard a vessel of a
			 vessel propulsion system, motor driven equipment, or incinerator; or
					(iii)a
			 discharge into navigable waters from a vessel when the vessel is operating in a
			 capacity other than as a means of transportation on water.
					(8)Geographically
			 limited areaThe term geographically limited area
			 means an area—
				(A)with a physical
			 limitation, including limitation by physical size and limitation by authorized
			 route, that prevents a vessel from operating outside the area, as determined by
			 the Secretary; or
				(B)that is
			 ecologically homogeneous, as determined by the Secretary, in consultation with
			 the heads of other Federal departments or agencies as the Secretary considers
			 appropriate.
				(9)ManufacturerThe
			 term manufacturer means a person engaged in the manufacture,
			 assemblage, or importation of ballast water treatment technology.
			(10)SecretaryThe
			 term Secretary means the Secretary of the Department in which the
			 Coast Guard is operating.
			(11)VesselThe
			 term vessel means every description of watercraft or other
			 artificial contrivance used, or practically or otherwise capable of being used,
			 as a means of transportation on water.
			4.Regulation and
			 enforcement
			(a)In
			 generalThe Secretary, in consultation with the Administrator,
			 shall establish and implement enforceable uniform national standards for the
			 regulation of discharges incidental to the normal operation of a vessel. The
			 standards shall—
				(1)be based upon the
			 best available technology economically achievable; and
				(2)supersede any
			 permitting requirement or prohibition on discharges incidental to the normal
			 operation of a vessel under any other provision of law.
				(b)Administration
			 and enforcementThe Secretary shall enforce the standards and
			 requirements under this Act. Each State may enforce the standards and
			 requirements under this Act.
			5.Uniform vessel
			 incidental discharge standards
			(a)Initial vessel
			 incidental discharge standards
				(1)Initial ballast
			 water performance standard
					(A)In
			 generalNot later than 180 days after the date of enactment of
			 this Act, the Secretary, in consultation with the Administrator, shall issue a
			 final rule for the regulation of ballast water discharges incidental to the
			 normal operation of a vessel.
					(B)Proposed
			 ruleFor the purposes of chapter 5 of title 5, United States
			 Code, the notice of proposed rulemaking published by the Coast Guard pursuant
			 to the requirements of chapter 5 of title 5, United States Code, on August 28,
			 2009 (74 Fed. Reg. 44632; relating to standards for living organisms in ships’
			 ballast water discharged in U.S. waters), shall serve as a proposed rule for
			 the purpose of issuing the final rule under subparagraph (A).
					(C)Adoption of
			 more stringent State standardIf the Secretary makes a
			 determination in favor of a State petition under section 10, the Secretary
			 shall adopt the more stringent ballast water performance standard specified in
			 the statute or regulation which is the subject of that State petition in the
			 final rule issued under this paragraph.
					(2)Initial
			 standard for discharges other than ballast waterNot later than 2
			 years after the date of enactment of this Act, the Secretary, in consultation
			 with the Administrator, shall issue a final rule establishing best management
			 practices for discharges incidental to the normal operation of a vessel other
			 than ballast water.
				(b)Revised ballast
			 water performance standard; 8-Year review
				(1)In
			 generalSubject to the feasibility review under paragraph 2, not
			 later than January 1, 2020, the Secretary, in consultation with the
			 Administrator, shall issue a final rule revising the ballast water performance
			 standard under subsection (a)(1) so that a ballast water discharge incidental
			 to the normal operation of a vessel will contain—
					(A)less than 1
			 living organism per 10 cubic meters that is 50 or more micrometers in minimum
			 dimension;
					(B)less than 1
			 living organism per 10 milliliters that is less than 50 micrometers in minimum
			 dimension and more than 10 micrometers in minimum dimension;
					(C)concentrations of
			 indicator microbes that are less than—
						(i)1
			 colony-forming unit of toxicogenic Vibrio cholera (serotypes O1 and O139) per
			 100 milliliters or less than 1 colony-forming unit of that microbe per gram of
			 wet weight of zoological samples;
						(ii)126
			 colony-forming units of escherichia coli per 100 milliliters; and
						(iii)33
			 colony-forming units of intestinal enterococci per 100 milliliters; and
						(D)concentrations of
			 such additional indicator microbes and of viruses as may be specified in
			 regulations issued by the Secretary in consultation with the Administrator and
			 such other Federal agencies as the Secretary and the Administrator deem
			 appropriate.
					(2)Feasibility
			 review
					(A)In
			 generalNot less than 2 years before January 1, 2020, the
			 Secretary, in consultation with the Administrator, shall complete a review to
			 determine the feasibility of achieving the revised ballast water performance
			 standard under paragraph (1).
					(B)Criteria for
			 review of ballast water standardIn conducting a review under
			 subparagraph (A), the Secretary shall consider whether revising the ballast
			 water performance standard will result in a scientifically demonstrable and
			 substantial reduction in the risk of introduction or establishment of aquatic
			 nuisance species, taking into account—
						(i)improvements in
			 the scientific understanding of biological and ecological processes that lead
			 to the introduction or establishment of aquatic nuisance species;
						(ii)improvements in
			 ballast water treatment technology, including—
							(I)the capability of
			 such treatment technology to achieve a revised ballast water performance
			 standard;
							(II)the
			 effectiveness and reliability of such treatment technology in the shipboard
			 environment;
							(III)the
			 compatibility of such treatment technology with the design and operation of a
			 vessel by class, type, and size;
							(IV)the commercial
			 availability of such treatment technology; and
							(V)the safety of
			 such treatment technology;
							(iii)improvements in
			 the capabilities to detect, quantify, and assess the viability of aquatic
			 nuisance species at the concentrations under consideration;
						(iv)the impact of
			 ballast water treatment technology on water quality; and
						(v)the
			 costs, cost-effectiveness, and impacts of—
							(I)a revised ballast
			 water performance standard, including the potential impacts on shipping, trade,
			 and other uses of the aquatic environment; and
							(II)maintaining the
			 existing ballast water performance standard, including the potential impacts on
			 water-related infrastructure, recreation, propagation of native fish,
			 shellfish, and wildlife, and other uses of navigable waters.
							(C)Lower
			 performance standard
						(i)In
			 generalIf the Secretary, in consultation with the Administrator,
			 determines on the basis of the feasibility review and after an opportunity for
			 a public hearing that no ballast water treatment technology can be certified
			 under section 6 to comply with the revised ballast water performance standard
			 under paragraph (1), the Secretary shall require the use of the treatment
			 technology that achieves the performance levels of the best treatment
			 technology available.
						(ii)Implementation
			 deadlineIf the Secretary, in consultation with the
			 Administrator, determines that the treatment technology under clause (i) cannot
			 be implemented before the implementation deadline under paragraph (3) with
			 respect to a class of vessels, the Secretary shall extend the implementation
			 deadline for that class of vessels for not more than 24 months.
						(iii)ComplianceIf
			 the implementation deadline under paragraph (3) is extended, the Secretary
			 shall recommend action to ensure compliance with the extended implementation
			 deadline under clause (ii).
						(D)Higher
			 performance standard
						(i)In
			 generalIf the Secretary, in consultation with the Administrator,
			 determines that ballast water treatment technology exists that exceeds the
			 revised ballast water performance standard under paragraph (1) with respect to
			 a class of vessels, the Secretary shall revise the ballast water performance
			 standard for that class of vessels to incorporate the higher performance
			 standard.
						(ii)Implementation
			 deadlineIf the Secretary, in consultation with the
			 Administrator, determines that the treatment technology under clause (i) can be
			 implemented before the implementation deadline under paragraph (3) with respect
			 to a class of vessels, the Secretary shall accelerate the implementation
			 deadline for that class of vessels. If the implementation deadline under
			 paragraph (3) is accelerated, the Secretary shall provide not less than 24
			 months notice before the accelerated deadline takes effect.
						(iii)Determinations
			 not mutually exclusiveThe Secretary shall take action under both
			 clauses (i) and (ii) if the Secretary, in consultation with the Administrator,
			 makes determinations under both clauses (i) and (ii).
						(3)ImplementationThe
			 revised ballast water performance standard under paragraph (1) shall apply to a
			 vessel beginning on the date of the first drydocking of the vessel on or after
			 January 1, 2020, but not later than December 31, 2022.
				(c)Future
			 revisions of vessel incidental discharge standards; decennial reviews
				(1)Revised ballast
			 water performance standardsNot later than 10 years after the
			 issuance of a final rule under subsection (b) and every 10 years thereafter,
			 the Secretary, in consultation with the Administrator shall complete a review
			 to determine whether further revision of the ballast water performance standard
			 would result in a scientifically demonstrable and substantial reduction in the
			 risk of the introduction or establishment of aquatic nuisance species.
				(2)Revised
			 standards for discharges other than ballast waterThe Secretary,
			 in consultation with the Administrator, may include in the decennial review
			 under this subsection national standards for discharges covered by subsection
			 (a)(2). The Secretary shall initiate a rulemaking to revise one or more
			 national standards for such discharges after a decennial review if the
			 Secretary, in consultation with the Administrator, determines that revising one
			 or more of such standards would substantially reduce the impacts on navigable
			 waters of discharges incidental to the normal operation of a vessel other than
			 ballast water.
				(3)ConsiderationsIn
			 conducting a review under paragraph (1), the Secretary, the Administrator, and
			 the heads of other appropriate Federal agencies as determined by the Secretary,
			 shall consider the criteria under section 5(b)(2)(B).
				(4)Revision after
			 decennial reviewThe Secretary shall initiate a rulemaking to
			 revise the current ballast water performance standard after a decennial review
			 if the Secretary, in consultation with the Administrator, determines that
			 revising the current ballast water performance standard would result in a
			 scientifically demonstrable and substantial reduction in the risk of the
			 introduction or establishment of aquatic nuisance species.
				6.Treatment
			 technology certification
			(a)Certification
			 requiredBeginning 60 days after the date that the requirements
			 for testing protocols are issued under subsection (i), no manufacturer of a
			 ballast water treatment technology shall sell, offer for sale, or introduce or
			 deliver for introduction into interstate commerce, or import into the United
			 States for sale or resale, a ballast water treatment technology for a vessel
			 unless the treatment technology has been certified under this section.
			(b)Certification
			 process
				(1)EvaluationUpon
			 application of a manufacturer, the Secretary shall evaluate a ballast water
			 treatment technology with respect to—
					(A)the effectiveness
			 of the treatment technology in achieving the current ballast water performance
			 standard when installed on a vessel (or a class, type, or size of
			 vessel);
					(B)the compatibility
			 with vessel design and operations;
					(C)the effect of the
			 treatment technology on vessel safety;
					(D)the impact on the
			 environment;
					(E)the cost
			 effectiveness; and
					(F)any other
			 criteria the Secretary considers appropriate.
					(2)ApprovalIf
			 after an evaluation under paragraph (1) the Secretary determines that the
			 treatment technology meets the criteria, the Secretary may certify the
			 treatment technology for use on a vessel (or a class, type, or size of
			 vessel).
				(3)Suspension and
			 revocationThe Secretary shall establish, by regulation, a
			 process to suspend or revoke a certification issued under this section.
				(c)Certification
			 conditions
				(1)Imposition of
			 conditionsIn certifying a ballast water treatment technology
			 under this section, the Secretary, in consultation with the Administrator, may
			 impose any condition on the subsequent installation, use, or maintenance of the
			 treatment technology onboard a vessel as is necessary for—
					(A)the safety of the
			 vessel, the crew of the vessel, and any passengers aboard the vessel;
					(B)the protection of
			 the environment; or
					(C)the effective
			 operation of the treatment technology.
					(2)Failure to
			 complyThe failure of an owner or operator to comply with a
			 condition imposed under paragraph (1) shall be considered a violation of this
			 section.
				(d)Period for use
			 of installed treatment equipmentNotwithstanding anything to the
			 contrary in this Act or any other provision of law, the Secretary shall allow a
			 vessel on which a system is installed and operated to meet a ballast water
			 performance standard under this Act to continue to use that system,
			 notwithstanding any revision of a ballast water performance standard occurring
			 after the system is ordered or installed until the expiration of the service
			 life of the system, as determined by the Secretary, so long as the
			 system—
				(1)is maintained in
			 proper working condition; and
				(2)is maintained and
			 used in accordance with the manufacturer’s specifications and any treatment
			 technology certification conditions imposed by the Secretary under this
			 section.
				(e)Certificates of
			 type approval for the treatment technology
				(1)IssuanceIf
			 the Secretary approves a ballast water treatment technology for certification
			 under subsection (b), the Secretary shall issue a certificate of type approval
			 for the treatment technology to the manufacturer in such form and manner as the
			 Secretary determines appropriate.
				(2)Certification
			 conditionsA certificate of type approval issued under paragraph
			 (1) shall specify each condition imposed by the Secretary under subsection
			 (c).
				(3)Owners and
			 operatorsA manufacturer that receives a certificate of type
			 approval for the treatment technology under this subsection shall provide a
			 copy of the certificate to each owner and operator of a vessel on which the
			 treatment technology is installed.
				(f)InspectionsAn
			 owner or operator who receives a copy of a certificate under subsection (e)(3)
			 shall retain a copy of the certificate onboard the vessel and make the copy of
			 the certificate available for inspection at all times while the owner or
			 operator is utilizing the treatment technology.
			(g)BiocidesThe
			 Secretary may not approve a ballast water treatment technology under subsection
			 (b) if—
				(1)it uses a biocide
			 or generates a biocide that is a pesticide, as defined in section 2 of the
			 Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136), unless the
			 biocide is registered under that Act or the Secretary, in consultation with
			 Administrator, has approved the use of the biocide in such treatment
			 technology; or
				(2)it uses or
			 generates a biocide the discharge of which causes or contributes to a violation
			 of a water quality standard under section 303 of the Federal Water Pollution
			 Control Act (33 U.S.C. 1313).
				(h)Prohibition
				(1)In
			 generalExcept as provided in paragraph (2), the use of a ballast
			 water treatment technology by an owner or operator of a vessel shall not
			 satisfy the requirements of this Act unless it has been approved by the
			 Secretary under subsection (b).
				(2)Exceptions
					(A)Coast guard
			 shipboard technology evaluation programAn owner or operator may
			 use a ballast water treatment technology that has not been certified by the
			 Secretary to comply with the requirements of this section if the technology is
			 being evaluated under the Coast Guard Shipboard Technology Evaluation
			 Program.
					(B)Ballast water
			 treatment technologies certified by foreign entitiesAn owner or
			 operator may use a ballast water treatment technology that has not been
			 certified by the Secretary to comply with the requirements of this section if
			 the technology has been certified by a foreign entity and the certification
			 demonstrates performance and safety of the treatment technology equivalent to
			 the requirements of this section, as determined by the Secretary.
					(i)Testing
			 protocolsNot later than 180 days after the date of enactment of
			 this Act, the Administrator, in consultation with the Secretary, shall issue
			 requirements for land-based and shipboard testing protocols or criteria
			 for—
				(1)certifying the
			 performance of each ballast water treatment technology under this section;
			 and
				(2)certifying
			 laboratories to evaluate such treatment technologies.
				7.Exemptions
			(a)In
			 generalNo permit shall be required or prohibition enforced under
			 any other provision of law for, nor shall any vessel incidental discharge
			 standards under this Act apply to—
				(1)a discharge
			 incidental to the normal operation of a vessel if the vessel is less than 79
			 feet in length and engaged in commercial service (as defined in section 2101(5)
			 of title 46, United States Code);
				(2)a discharge
			 incidental to the normal operation of a vessel if the vessel is a fishing
			 vessel, including a fish processing vessel and a fish tender vessel, (as
			 defined in section 2101 of title 46, United States Code);
				(3)a discharge
			 incidental to the normal operation of a vessel if the vessel is a recreational
			 vessel (as defined in section 2101(25) of title 46, United States Code);
				(4)the placement,
			 release, or discharge of equipment, devices, or other material from a vessel
			 for the sole purpose of conducting research on the aquatic environment or its
			 natural resources in accordance with generally recognized scientific methods,
			 principles, or techniques;
				(5)any discharge
			 into navigable waters from a vessel authorized by an on-scene coordinator in
			 accordance with part 300 of title 40, Code of Federal Regulations, or part 153
			 of title 33, Code of Federal Regulations;
				(6)any discharge
			 into navigable waters from a vessel that is necessary to secure the safety of
			 the vessel or human life, or to suppress a fire onboard the vessel or at a
			 shoreside facility; or
				(7)a vessel of the
			 armed forces of a foreign nation when engaged in noncommercial service.
				(b)Ballast water
			 dischargesNo permit shall be required or prohibition enforced
			 under any other provision of law for, nor shall any ballast water performance
			 standards under this Act apply to—
				(1)a ballast water
			 discharge incidental to the normal operation of a vessel determined by the
			 Secretary to—
					(A)operate
			 exclusively within a geographically limited area;
					(B)take up and
			 discharge ballast water exclusively within 1 Captain of the Port Zone
			 established by the Coast Guard unless the Secretary determines such discharge
			 poses a substantial risk of introduction or establishment of an aquatic
			 nuisance species;
					(C)operate pursuant
			 to a geographic restriction issued as a condition under section 3309 of title
			 46, United States Code, or an equivalent restriction issued by the country of
			 registration of the vessel; or
					(D)continuously take
			 on and discharge ballast water in a flow-through system that does not introduce
			 aquatic nuisance species into navigable waters;
					(2)a ballast water
			 discharge incidental to the normal operation of a vessel consisting entirely of
			 water suitable for human consumption; or
				(3)a ballast water
			 discharge incidental to the normal operation of a vessel in an alternative
			 compliance program established pursuant to section (8).
				(c)Vessels with
			 permanent ballast waterNo permit shall be required or
			 prohibition enforced under any other provision of law for, nor shall any
			 ballast water performance standard under this Act apply to a vessel that
			 carries all of its permanent ballast water in sealed tanks that are not subject
			 to discharge.
			(d)Vessels of the
			 armed forcesNothing in this Act shall be interpreted to apply to
			 a vessel of the Armed Forces, as defined in section 101(a) of title 10, United
			 States Code.
			8.Alternative
			 compliance program
			(a)In
			 generalThe Secretary, in consultation with the Administrator,
			 may promulgate regulations establishing one or more compliance programs as an
			 alternative to ballast water discharge regulations issued under section 5 for a
			 vessel that—
				(1)has a maximum
			 ballast water capacity of less than 8 cubic meters;
				(2)is less than 3
			 years from the end of the useful life of the vessel, as determined by the
			 Secretary; or
				(3)discharges
			 ballast water into a facility for the reception of ballast water that meets
			 standards promulgated by the Administrator, in consultation with the
			 Secretary.
				(b)Promulgation of
			 facility standardsNot later than 1 year after the date of
			 enactment of this Act, the Administrator, in consultation with the Secretary,
			 shall promulgate standards for—
				(1)the reception of
			 ballast water from a vessel into a reception facility; and
				(2)the disposal or
			 treatment of the ballast water under paragraph (1).
				9.Judicial
			 review
			(a)In
			 generalAn interested person may file a petition for review of a
			 final regulation promulgated under this Act in the United States Court of
			 Appeals for the District of Columbia Circuit.
			(b)DeadlineA
			 petition shall be filed not later than 120 days after the date that notice of
			 the promulgation appears in the Federal Register.
			(c)ExceptionNotwithstanding
			 subsection (b), a petition that is based solely on grounds that arise after the
			 deadline to file a petition under subsection (b) has passed may be filed not
			 later than 120 days after the date that the grounds first arise.
			10.Effect on State
			 authority
			(a)In
			 generalNo State or political subdivision thereof may adopt or
			 enforce any statute or regulation of the State or political subdivision with
			 respect to a discharge incidental to the normal operation of a vessel after the
			 date of enactment of this Act.
			(b)Savings
			 clauseNotwithstanding subsection (a), a State or political
			 subdivision thereof may enforce a statute or regulation of the State or
			 political subdivision with respect to ballast water discharges incidental to
			 the normal operation of a vessel that specifies a ballast water performance
			 standard that is more stringent than the ballast water performance standard
			 specified in the notice of proposed rulemaking referred to in section
			 5(a)(1)(B) and is in effect on the date of enactment of this Act if the
			 Secretary, after consultation with the Administrator and any other Federal
			 department or agency the Secretary considers appropriate, makes a determination
			 that—
				(1)compliance with
			 any performance standard specified in the statute or regulation can in fact be
			 achieved and detected;
				(2)the technology
			 and systems necessary to comply with the statute or regulation are commercially
			 available; and
				(3)the statute or
			 regulation is consistent with obligations under relevant international treaties
			 or agreements to which the United States is a party.
				(c)Petition
			 process
				(1)SubmissionThe
			 Governor of a State seeking to enforce a statute or regulation under subsection
			 (b) shall submit a petition requesting the Secretary to review the statute or
			 regulation.
				(2)Contents;
			 deadlineA petition shall—
					(A)be accompanied by
			 the scientific and technical information on which the petition is based;
			 and
					(B)be submitted to
			 the Secretary not later than 90 days after the date of enactment of this
			 Act.
					(3)DeterminationsThe
			 Secretary shall make a determination on a petition under this subsection not
			 later than 90 days after the date that the petition is received.
				11.Application
			 with other statutesNotwithstanding any other provision of law,
			 this Act shall be the exclusive statutory authority for regulation by the
			 Federal Government of discharges incidental to the normal operation of a vessel
			 to which this Act applies. Any regulation in effect on the date immediately
			 preceding the effective date of this Act which is repealed or superseded by
			 this Act shall be deemed to be a regulation issued pursuant to the authority of
			 this Act and shall remain in full force and effect unless or until superseded
			 by new regulations issued thereunder.


		I
		111th CONGRESS
		1st Session
		H. R. 801
		IN THE HOUSE OF REPRESENTATIVES

			February 3, 2009
			Mr. Conyers (for
			 himself, Mr. Issa,
			 Mr. Wexler,
			 Mr. Franks of Arizona, and
			 Mr. Cohen) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary

		A BILL
		To amend title 17, United States Code, with respect to
		  works connected to certain funding agreements.

		1.Short titleThis Act may be cited as the
			 Fair Copyright in Research Works
			 Act.
		2.Limitations on
			 Federal Government regarding extrinsic works
			(a)In
			 generalSection 201 of title
			 17, United States Code, is amended by adding at the end the following new
			 subsection:

					(f)Limitations on
				the Federal Government
						(1)Limitations
				regarding funding agreementsNo Federal agency may, in connection with a
				funding agreement—
							(A)impose or cause
				the imposition of any term or condition that—
								(i)requires the
				transfer or license to or for a Federal agency of—
									(I)any right provided
				under paragraph (3), (4), or (5) of section 106 in an extrinsic work; or
									(II)any right provided under paragraph (1) or
				(2) of section 106 in an extrinsic work, to the extent that, solely for
				purposes of this subsection, such right involves the availability to the public
				of that work; or
									(ii)requires the
				absence or abandonment of any right described in subclause (I) or (II) of
				clause (i) in an extrinsic work;
								(B)impose or cause the imposition of, as a
				condition of a funding agreement, the waiver of, or assent to, any prohibition
				under subparagraph (A); or
							(C)assert any rights
				under this title in material developed under any funding agreement that
				restrain or limit the acquisition or exercise of rights under this title in an
				extrinsic work.
							Any term,
				condition, or assertion prohibited under subparagraph (A), (B), or (C) shall be
				given no effect under this title or otherwise.(2)Construction
							(A)Certain other
				rights not limitedNothing in paragraph (1)(A)(i)(II) shall be
				construed to limit the rights provided to the copyright owner under paragraphs
				(1) and (2) of section 106.
							(B)No new copyright
				protection createdNothing in
				this subsection provides copyright protection to any subject matter that is not
				protected under section 102.
							(3)DefinitionsIn
				this subsection:
							(A)Extrinsic
				workThe term
				extrinsic work means any work, other than a work of the United
				States Government, that is based upon, derived from, or related to, a funding
				agreement and—
								(i)is also funded in
				substantial part by one or more other entities, other than a Federal agency,
				that are not a party to the funding agreement or acting on behalf of such a
				party; or
								(ii)represents, reflects, or results from a
				meaningful added value or process contributed by one or more other entities,
				other than a Federal agency, that are not a party to the funding agreement or
				acting on behalf of such a party.
								(B)Federal
				agencyThe term
				Federal agency means any department, agency, or instrumentality
				of the United States Government.
							(C)Funding
				agreementThe term funding agreement means any
				contract, grant, or other agreement entered into between a Federal agency and
				any person under which funds are provided by a Federal agency, in whole or in
				part, for the performance of experimental, developmental, or research
				activities.
							.
			(b)ApplicabilityThe
			 amendment made by subsection (a) applies to any funding agreement that is
			 entered into on or after the date of the enactment of this Act.
			(c)Report to
			 congressional committeesNot
			 later than the date that is 5 years after the date of the enactment of this
			 Act, the Register of Copyrights shall, after consulting with the Comptroller
			 General and with Federal agencies that provide funding under funding agreements
			 and with publishers in the private sector, review and submit to the appropriate
			 congressional committees a report on the Register’s views on section 201(f) of
			 title 17, United States Code, as added by subsection (a) of this section,
			 taking into account the development of and access to extrinsic works and
			 materials developed under funding agreements, including the role played by
			 publishers in the private sector and others.
			(d)DefinitionsIn this section:
				(1)Extrinsic work;
			 Federal agency; funding agreementThe terms extrinsic
			 work, Federal agency, and funding
			 agreement have the meanings given those terms in section 201(f)(3) of
			 title 17, United States Code, as added by subsection (a) of this
			 section.
				(2)Appropriate
			 congressional committeesThe
			 term appropriate congressional committees means the Committee on
			 the Judiciary and the Committee on Appropriations of the House of
			 Representatives and the Committee on the Judiciary and the Committee on
			 Appropriations of the Senate.


109 HR 5875 IH: Iraq War Powers Repeal Act of

U.S. House of Representatives
2006-07-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		109th CONGRESS
		2d Session
		H. R. 5875
		IN THE HOUSE OF REPRESENTATIVES

			July 25, 2006
			Ms. Woolsey (for
			 herself, Mr. Hinchey,
			 Mr. Moran of Virginia,
			 Ms. Lee, Ms. Waters, Mr.
			 Owens, Ms. Watson,
			 Ms. McKinney,
			 Mr. Stark,
			 Mr. Filner,
			 Ms. Carson,
			 Mr. Fattah,
			 Ms. Kilpatrick of Michigan,
			 Mr. Meehan,
			 Mr. Payne,
			 Mr. Serrano,
			 Mr. Davis of Illinois,
			 Mr. Wu, Ms. Jackson-Lee of Texas, and
			 Mr. Kucinich) introduced the following
			 bill; which was referred to the Committee
			 on International Relations

		A BILL
		To repeal the Authorization for Use of Military Force
		  Against Iraq Resolution of 2002 (Public Law 107–243).

		1.Short titleThis Act may be cited as the
			 Iraq War Powers Repeal Act of
			 2006.
		2.FindingsCongress finds the following:
			(1)On May 1, 2003,
			 under a banner displaying the words Mission Accomplished,
			 President George W. Bush stated: Major combat operations in Iraq have
			 ended.. At this point, the occupation of Iraq began.
			(2)The civilian
			 leadership at the Department of Defense has failed to adequately support United
			 States Armed Forces in Iraq, which were not trained to carry out an occupation
			 and did not receive the proper equipment to achieve their stated
			 mission.
			(3)The occupation of
			 Iraq has made the United States economically and militarily weaker, has made
			 the United States less safe because it has enhanced the recruitment of
			 terrorists, and has diminished America’s role in the world.
			(4)Iraq is embroiled
			 in a civil war characterized by daily occurrences of retaliation and revenge,
			 fueled by the occupation of Iraq by United States Armed Forces.
			(5)The civil war in
			 Iraq was predicted by United States military commanders before the 2003
			 occupation of Iraq.
			(6)The United States
			 has pursued military action rather than diplomatic alternatives in Iraq, and
			 has reduced reconstruction efforts in Iraq.
			(7)General George
			 Casey, the top United States military commander in Iraq, has proposed a plan
			 for the redeployment from Iraq of a substantial portion of United States Armed
			 Forces and briefed the President accordingly.
			(8)On May 13, 2003,
			 the President stated, We will stay as long as necessary to make sure
			 that the Iraqi people have a government of, by and for the Iraqi people. And
			 then we’ll come home..
			(9)On December 15,
			 2005, the Iraqi people participated in elections to directly elect a full-term
			 government. The Prime Minister of Iraq and other high-ranking Iraqi Government
			 officials, as well as leaders from the Sunni, Shiite, and Kurdish communities
			 in Iraq, have since called for a timetable for the withdrawal of United States
			 Armed Forces from Iraq.
			3.Statement of
			 policyOn the basis of the
			 findings specified in section 2, Congress declares that it is the policy of the
			 United States to end the occupation of Iraq.
		4.Repeal of Public
			 Law 107–243The Authorization
			 for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243;
			 50 U.S.C. 1541 note) is hereby repealed.


117 HR 1614 IH: Destigmatizing in Immigration Act
U.S. House of Representatives
2021-03-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
117th CONGRESS1st Session
H. R. 1614
IN THE HOUSE OF REPRESENTATIVES

March 8, 2021
Mr. Brendan F. Boyle of Pennsylvania introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To amend the Immigration and Nationality Act to provide that marijuana use, possession, and distribution may not be considered for determinations of whether a person is a person of good moral character, and for other purposes.

1.Short titleThis Act may be cited as the Destigmatizing in Immigration Act.  2.Marijuana use, possession, and distribution not considered for good moral character or grounds for inadmissibility (a)In generalThe Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended—
(1)in section 101 (8 U.S.C. 1101)— (A)in subsection (a)(43)(B), by inserting other than the distribution of marijuana, after (as defined in section 102 of the Controlled Substances Act); and
(B)in subsection (f)— (i)in paragraph (3), by striking a single offense of simple possession of 30 grams or less of marihuana and inserting offenses involving the use, possession, or distribution of marijuana; and
(ii)by adding at the end the following: Notwithstanding any other provision of this Act, any offenses or conduct involving the use, possession, or distribution of marijuana shall not be considered in a determination of whether a person is a person of good moral character.; (2)in section 212(a)(2) (8 U.S.C. 1182(a)(2)), by amending subparagraph (F) to read as follows:

(F)Marijuana offensesNotwithstanding any other provision of this section, any offenses involving the use, possession, or distribution of marijuana shall not be considered as grounds of inadmissibility.; and (3)in section 237(a)(2)(B)(i) (8 U.S.C. 1227(a)(2)(B)(i)), by striking other than a single offense involving possession for one's own use of 30 grams or less of marijuana and inserting other than offenses involving the use, possession, or distribution of marijuana.
(b)Right To reapply or return
(1)ReapplicationAny alien who was previously denied a visa to enter the United States as a direct result of the alien’s use, possession, or distribution of marijuana may reapply for admission to the United States. (2)ReissuanceAny alien who was deported from the United States as a direct result of the alien’s use, possession, or distribution of marijuana shall be readmitted to the United States and reissued the visa that they had at the time of the alien’s deportation if the alien is not inadmissible under section 212(a) of the Immigration and Nationality Act, as amended by subsection (a)(2).
3.Habitual drunkard repealParagraph (1) of section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is repealed.


		IIB
		112th CONGRESS
		2d Session
		H. R. 2896
		IN THE SENATE OF THE UNITED
		  STATES

			July 24, 2012
			Received; read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		AN ACT
		To designate the facility of the United
		  States Postal Service located at 369 Martin Luther King Jr. Drive in Jersey
		  City, New Jersey, as the Judge Shirley A. Tolentino Post Office
		  Building.

		1.Judge Shirley A. Tolentino
			 Post Office Building
			(a)DesignationThe facility of the United States Postal
			 Service located at 369 Martin Luther King Jr. Drive in Jersey City, New Jersey,
			 shall be known and designated as the Judge Shirley A. Tolentino Post
			 Office Building.
			(b)ReferencesAny reference in a law, map, regulation,
			 document, paper, or other record of the United States to the facility referred
			 to in subsection (a) shall be deemed to be a reference to the Judge
			 Shirley A. Tolentino Post Office Building.

			Passed the House of
			 Representatives July 23, 2012.
			Karen L. Haas,
			Clerk


113 HR 2072 : Demanding Accountability for Veterans Act of 2014
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.

		II
		113th CONGRESS
		2d Session
		H. R. 2072
		IN THE SENATE OF THE UNITED STATES
		June 10, 2014ReceivedAN ACT
		To amend title 38, United States Code, to improve the accountability of the Secretary of Veterans
			 Affairs to the Inspector General of the Department of Veterans Affairs.

		1.Short titleThis Act may be cited as the Demanding Accountability for Veterans Act of 2014.
		2.Scoring of budgetary effectsThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go
			 Act of 2010, shall be determined by reference to the latest statement
			 titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House
			 Budget Committee, provided that such statement has been submitted prior to
			 the vote on passage.
		3.Accountability of Secretary of Veterans Affairs to Inspector General of the Department of Veterans
			 Affairs
			(a)In generalChapter 7 of title 38, United States Code, is amended by adding at the end the following new section:

					712.Accountability of Secretary to Inspector General
						(a)List of managers
							(1)If the Inspector General of the Department of Veterans Affairs determines that the Secretary has
			 not appropriately responded with significant progress to a covered report
			 by the date specified in the action plan of the Secretary developed in
			 response to such covered report—
								(A)the Inspector General shall notify the Committees on Veterans’ Affairs of the Senate and House of
			 Representatives and the Secretary of such failure to appropriately
			 respond; and
								(B)not later than 15 days after such notification, the Secretary shall submit to the Inspector General
			 a list of the names of each responsible manager and the matter in the
			 action plan for which the manager is responsible.
								(2)The Inspector General may not make public the names of responsible managers submitted under
			 paragraph (1)(B).
							(b)Performance of responsible managers
							(1)The Secretary shall—
								(A)promptly notify each responsible manager of a covered issue by not later than seven days after the
			 date on which the Secretary submits to the Inspector General the name of
			 the manager under subsection (a)(1)(B);
								(B)direct such manager to resolve such issue; and
								(C)provide such manager with appropriate counseling and a mitigation plan with respect to resolving
			 such issue.
								(2)The Secretary shall ensure that any performance review of a responsible manager includes an
			 evaluation of whether the manager took appropriate actions during the
			 period covered by the review to respond to the covered issue for which a
			 request was made under subsection (a).
							(3)The Secretary may not pay to a responsible manager any bonus or award, including a performance
			 award under section 5384 of title 5 if the covered issue for which a request was made under subsection (a) is unresolved.
							(c)Role of Inspector GeneralAny authority of the Inspector General provided under this section is in addition to any
			 responsibility or authority provided to the Inspector General in the
			 Inspector General Act of 1978 (5 U.S.C. App.).
						(d)DefinitionsIn this section:
							(1)The term covered issue means, with respect to a responsible manager, an issue described in a covered report for which the
			 manager is or was responsible.
							(2)The term covered report means a report by the Inspector General of the Department of Veterans Affairs that recommends
			 actions to the Secretary of Veterans Affairs (or other official or
			 employee of the Department) to address an issue in the Department with
			 respect to public health or safety.
							(3)The term responsible manager means an individual who—
								(A)is an employee of the Department;
								(B)is or was responsible for an issue included in a covered report; and
								(C)in being so responsible, is or was employed in a management position, regardless of whether the
			 employee is in the competitive civil service, Senior Executive Service, or
			 other type of civil service..
			(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by inserting after the item
			 relating to section 711 the following new item:

						712. Accountability of Secretary to Inspector General..
			4.Secretary of Veterans Affairs contract authority for transfer of veterans non-Department medical
			 foster homes
			(a)AuthoritySection 1720 of title 38, United States Code, is amended by adding at the end the following new subsection:

					(h)
						(1)During the three-year period beginning on October 1, 2014, at the request of a veteran for whom the
			 Secretary is required to provide nursing home care under section 1710A of this title, the Secretary may transfer the veteran to a medical foster home that meets
			 Department standards, at the expense of the United States, pursuant to a
			 contract or agreement entered into between the Secretary and the medical
			 foster home for such purpose. A veteran who is transferred to a medical
			 foster home under this subsection shall agree, as a condition of such
			 transfer, to accept home health services furnished by the Secretary under section 1717 of this title.
						(2)For purposes of this subsection, the term medical foster home means a home designed to provide non-institutional, long-term, supportive care for veterans who
			 are unable to live independently and prefer a family setting..
			(b)Effective dateSubsection (h) of title 38, United States Code, as added by subsection (a), shall take effect on
			 October 1, 2014.
			5.Conditions on the award of per diem payments by the Secretary of Veterans Affairs for the provision
			 of housing or services to homeless veterans
			(a)Condition
				(1)In generalParagraph (1) of section 2012(c) of title 38, United States Code, is amended to read as follows:

						(1)Except as provided in paragraph (2), a per diem payment may not be provided under this section to a
			 grant recipient or eligible entity unless the entity submits to the
			 Secretary an annual certification, approved or verified by the authority
			 having jurisdiction or a qualified third party, as determined by the
			 Secretary, that the facility where the entity provides housing or services
			 for homeless veterans using grant funds is in compliance with codes
			 relevant to the operations and level of care provided, including
			 applicable provisions of the most recently published version of the Life
			 Safety Code or International Building Code and International Fire Code (or
			 such versions of such codes that have been adopted as State or local codes
			 by the jurisdiction in which the facility is located), licensing
			 requirements, fire and safety requirements, and any other requirements in
			 the jurisdiction in which the facility is located regarding the condition
			 of the facility and the operation of the entity providing such supportive
			 housing or services. For purposes of this paragraph, if a facility where a
			 grant recipient or eligible entity provides housing or services for
			 homeless veterans using grant funds is located in a jurisdiction without
			 relevant code requirements, the Secretary shall determine code and
			 inspection requirements to be applied to the facility..
				(2)Effective dateThe amendment made by paragraph (1) shall apply with respect to an application for a per diem
			 payment under section 2012 of title 38, United States Code, submitted on or after the date of the enactment of this Act.
				(b)Annual reportSection 2065(b) of title 38, United States Code, is amended—
				(1)by redesignating paragraph (6) as paragraph (7); and
				(2)by inserting after paragraph (5) the following new paragraph (6):

						(6)The Secretary’s evaluation of the safety and accessibility of facilities used to provide programs
			 established by grant recipients or eligible entities under sections 2011
			 and 2012 of this title, including the number of such grant recipients or
			 eligible entities who have submitted a certification under section
			 2012(c)(1)..
				(c)Treatment of current recipientsIn the case of the recipient of a per diem payment under section 2012 of title 38, United States Code, that receives such a payment during the year in which this Act is
			 enacted, the Secretary of Veterans Affairs shall require the recipient to
			 submit the certification required under section 2012(c)(1) of such title,
			 as amended by subsection (a)(1), by not later than two years after the
			 date of the enactment of this Act. If the recipient fails to submit such
			 certification by such date, the Secretary may not make any additional per
			 diem payments to the recipient under such section 2012 until the recipient
			 submits such certification.
			6.Extension of loan guaranty fee for certain subsequent loans
			(a)ExtensionSection 3729(b)(2) of title 38, United States Code, is amended—
				(1)in subparagraph (A)—
					(A)in clause (iii), by striking October 1, 2017 and inserting October 1, 2018; and
					(B)in clause (iv), by striking October 1, 2017 and inserting October 1, 2018;
					(2)in subparagraph (C)—
					(A)in clause (i), by striking October 1, 2017 and inserting October 1, 2018; and
					(B)in clause (ii), by striking October 1, 2017 and inserting October 1, 2018; and
					(3)in subparagraph (D)—
					(A)in clause (i), by striking October 1, 2017 and inserting October 1, 2018; and
					(B)in clause (ii), by striking October 1, 2017 and inserting October 1, 2018.
					7.Extension of authority of Secretary of Veterans Affairs to obtain certain information from the
			 Secretary of the Treasury or the Commissioner of Social SecuritySection 5317 of title 38, United States Code, is amended by striking September 30, 2016 and inserting May 31, 2017.

	Passed the House of Representatives June 9, 2014.Karen L. Haas,Clerk


117 HR 1286 IH: Southern Campaign of the Revolution National Heritage Corridor Act of 2021
U.S. House of Representatives
2021-02-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1286IN THE HOUSE OF REPRESENTATIVESFebruary 24, 2021Mr. Clyburn (for himself, Ms. Mace, Mr. Wilson of South Carolina, Mr. Duncan, Mr. Timmons, Mr. Norman, Mr. Rice of South Carolina, Mr. Butterfield, Mr. Price of North Carolina, Mr. Bishop of North Carolina, and Ms. Adams) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo establish in the States of North Carolina and South Carolina the Southern Campaign of the Revolution National Heritage Corridor, and for other purposes.1.Short titleThis Act may be cited as the Southern Campaign of the Revolution National Heritage Corridor Act of 2021.2.Findings and purpose(a)FindingsCongress finds that—(1)in accordance with the Study, the Southern Campaign of the Revolution National Heritage Corridor, an 8-mile-wide corridor, provides operational efficiency in connecting the greatest concentration of the Carolinas’ Revolutionary War sites including battlefields, historic communities, farmsteads, and landscapes that reflect the cultural and natural environments of North Carolina and South Carolina in the latter half of the 18th century;(2)there is a national interest in protecting, conserving, restoring, promoting, and interpreting the benefits of the Corridor for the residents of, and visitors to, the Corridor;(3)a primary responsibility for conserving, preserving, protecting, and promoting the benefits resides with the Managing Entity having jurisdiction over the Corridor; and(4)in view of the longstanding Federal practice of assisting States in creating, protecting, conserving, preserving, and interpreting areas of significant natural and cultural importance, and in view of the national significance of the Corridor, the Federal Government has an interest in assisting the States and the Managing Entity in fulfilling the responsibilities described in paragraph (3).(b)PurposesThe purposes of this Act are—(1)to protect, preserve, conserve, restore, promote, interpret, and make available for the benefit of the public the historic, cultural, and natural resources of the Corridor;(2)to encourage and support, through financial and technical assistance, the Managing Entity in the development of a Management Action Plan for the Corridor to ensure coordinated public and private action in the Corridor in a manner consistent with subsection (a);(3)to provide, during the development of an integrated Corridor Management Action Plan, Federal financial and technical assistance for the protection, preservation, and conservation of land and water areas in the Corridor that are in danger of being adversely affected or destroyed;(4)to encourage and assist Managing Entity to identify the full range of public and private technical and financial assistance programs and services available to implement the Corridor Management Action Plan; and(5)to encourage adequate coordination of all government programs affecting the historic, cultural, and natural resources of the Corridor.3.DefinitionsIn this Act:(1)CorridorThe term Corridor means the Southern Campaign of the Revolution National Heritage Corridor established by section 4(a).(2)Corridor management action planThe term Corridor Management Action Plan means the management action plan developed under section 6.(3)Management entityThe term Management Entity means the University of South Carolina as established under section 4.(4)SecretaryThe term Secretary means the Secretary of the Interior.(5)StatesThe term States mean the States of North Carolina and South Carolina.(6)StudyThe term Study means the Department of the Interior, National Park Service (NPS)’s July 2015 Southern Campaign of the Revolution National Heritage Area Suitability/Feasibility Study.(7)MapThe term map means the map provided in the Study: Appendix C: Corridor Maps, page 93, Map 1: Proposed National Heritage Area Corridor.4.Southern Campaign of the Revolution National Heritage Corridor(a)EstablishmentThere is established in the States the Southern Campaign of the Revolution National Heritage Corridor.(b)BoundariesThe Corridor shall consist of the area depicted on the map. The Corridor shall be specified in detail in the Corridor Management Action Plan.(c)MapA map of the Corridor shall be on file and available for public inspection in the appropriate offices of—(1)the National Park Service; and(2)the Management Entity.(d)AdditionAdditional areas of the States outside the Corridor boundaries may be added to the Corridor by the Secretary at the request of the Management Entity.(e)Management entityThe Management Entity for the Corridor shall be The University of South Carolina, a public research university.5.Administration(a)AuthoritiesTo carry out the management plan, the Secretary, acting through the management entity, may use amounts made available under this section to—(1)make grants to the States or a political subdivision of the States, nonprofit organizations, and other persons;(2)enter into cooperative agreements with, or provide technical assistance to, the States or a political subdivision of the States, nonprofit organizations, and other interested parties;(3)hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming;(4)obtain money or services from any source including any that are provided under any other Federal law or program;(5)contract for goods or services; and(6)undertake to be a catalyst for any other activity that furthers the Corridor and is consistent with the approved Corridor Management Action Plan.(b)DutiesThe management entity shall—(1)in accordance with section 6, prepare and submit a Corridor Management Action Plan for the Corridor to the Secretary;(2)assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by—(A)carrying out programs and projects that recognize, protect, and enhance important resource values in the Corridor;(B)establishing and maintaining interpretive exhibits and programs in the Corridor;(C)developing recreational and educational opportunities in the Corridor;(D)increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Corridor;(E)protecting and restoring historic sites and buildings in the Corridor that are consistent with Corridor themes;(F)ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Corridor; and(G)promoting a wide range of partnerships among governments, organizations, and individuals to further the Corridor;(3)consider the interests of diverse units of government, businesses, organizations, and individuals in the Corridor in the preparation and implementation of the Corridor Management Action Plan;(4)conduct meetings open to the public at least semiannually regarding the development and implementation of the Corridor Management Plan;(5)for any year that Federal funds have been received under this section—(A)submit an annual report to the Secretary that describes the activities, expenses, and income of the management entity (including grants to any other entities during the year that the report is made);(B)make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and(C)require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and(6)encourage by appropriate means economic viability that is consistent with the Corridor.(c)Prohibition on the acquisition of real propertyThe management entity shall not use Federal funds made available under this section to acquire real property or any interest in real property.6.Corridor management action plan(a)In generalNot later than 3 years after the date of enactment of this Act, the Management Entity shall submit to the Secretary for approval a proposed Corridor Management Action Plan for the Corridor.(b)RequirementsThe Corridor Management Action Plan shall—(1)determine the boundaries of the Corridor adherent to section 4(b);(2)incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Corridor;(3)take into consideration Federal, State, local, and Tribal plans and treaty rights;(4)include—(A)an inventory of—(i)the resources located in the Corridor; and(ii)any other property in the Corridor that—(I)is related to the themes of the Corridor; and(II)should be preserved, restored, managed, or maintained because of the significations of the property;(B)comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Corridor;(C)a description of the actions that the Federal Government, State, Tribal, and local governments, private organizations, and individuals have agreed to take to protect the natural, historical, cultural, scenic, and recreational resources of the Corridor;(D)a program of implementation for the Corridor Management Action Plan by the management entity that includes a description of—(i)actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and(ii)specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation;(E)the identification of sources of funding for carrying out the management plan;(F)analysis and recommendations for means by which Federal, State, local, and Tribal programs, including the role of the National Park Service in the Corridor, may best be coordinated to carry out this subsection; and(G)an interpretative plan for the Corridor; and(5)recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Corridor.(c)DeadlineIf a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive additional funding under this section until the date that the Secretary receives and approves the management plan.(d)Approval or disapproval of management plan(1)In generalNot later than 180 days after the date of receipt of the management plan the Secretary, in consultation with State and Tribal governments, shall approve or disapprove the management plan.(2)Criteria for approvalIn determining whether to approve the management plan, the Secretary shall consider whether—(A)the management entity is representative of the diverse interests of the Corridor, including Federal, State, Tribal, and local governments, natural and historic resources protection organizations, educational institutions, businesses, recreational organizations;(B)the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan;(C)the resource preservation and interpretation strategies contained in the management plan would adequately protect the natural, historical, and cultural resources of the Corridor; and(D)the Secretary has received adequate assurances from appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local aspects of the plan.(3)Action following disapprovalIf the Secretary disapproves the management plan, the Secretary shall—(A)advise the management entity in writing of the reasons for the disapproval;(B)make recommendations for revisions to the management plan; and(C)not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision.(4)Amendments(A)In generalThe Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan.(B)Use of fundsThe management entity shall not use Federal funds authorized by this subtitle to carry out any amendments to the management plan until the Secretary has approved the amendments.7.Relationship to other Federal agencies(a)In generalNothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.(b)Consultation and coordinationThe head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable.(c)Other Federal agenciesNothing in this section—(1)modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;(2)limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or(3)modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.8.Private property and regulatory protectionsNothing in this Act—(1)abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area;(2)requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law;(3)alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the management entity;(4)authorizes or implies the reservation or appropriation of water or water rights;(5)diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or(6)creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.9.Evaluation; report(a)In generalNot later than 3 years before the date on which authority for Federal funding terminates for the Corridor, the Secretary shall—(1)conduct an evaluation of the accomplishments of the Corridor; and(2)prepare a report in accordance with subsection (c).(b)EvaluationAn evaluation conducted under subsection (a) shall—(1)assess the progress of the management entity with respect to—(A)accomplishing the purposes of this section for the Corridor; and(B)achieving the goals and objectives of the approved management plan for the Corridor;(2)analyze the Federal, State, Tribal, local, and private investments in the Corridor to determine the leverage and impact of the investments; and(3)review the management structure, partnership relationships, and funding of the Corridor for purposes of identifying the critical components for sustainability of the Corridor.(c)Report(1)In generalBased on the evaluation conducted under subsection (b), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Corridor.(2)Required analysisIf the report prepared under subsection (a) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of—(A)ways in which Federal funding for the Corridor may be reduced or eliminated; and(B)the appropriate time period necessary to achieve the recommended reduction or elimination.(3)Submission to congressOn completion of the report, the Secretary shall submit the report to—(A)the Committee on Energy and Natural Resources of the Senate; and(B)the Committee on Natural Resources of the House of Representatives.10.FundingThere is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available in any fiscal year.11.Termination of authorityThe authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.