114 HR 4480 IH: Albatross and Petrel Conservation Act
U.S. House of Representatives
2016-02-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 4480
		IN THE HOUSE OF REPRESENTATIVES

			February 4, 2016
			Mr. Lowenthal (for himself, Mr. DeSaulnier, Mr. Keating, Ms. Norton, and Mr. Pierluisi) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To implement the Agreement on the Conservation of Albatrosses and Petrels, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Albatross and Petrel Conservation Act. (b)Table of contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Definitions.
					Title I—Conservation Measures
					Sec. 101. Reestablishment of species.
					Sec. 102. Management of nonnative species.
					Sec. 103. Habitat conservation and restoration.
					Sec. 104. Management of human activities.
					Sec. 105. Education and public awareness.
					Title II—Prohibited Acts, Permits, and Exemptions
					Sec. 201. Prohibited acts.
					Sec. 202. Authorization of take.
					Sec. 203. Exemption.
					Title III—Penalties and Enforcement
					Sec. 301. Enforcement.
					Title IV—Agreement Authority
					Sec. 401. Agreement authority.
					Sec. 402. Reporting.
					Sec. 403. General coordination.
					Title V—International Cooperation and Assistance
					Sec. 501. Cooperation among nations.
					Title VI—Bycatch and Equivalent Conservation
					Sec. 601. Protected living marine resources.
					Title VII—Miscellaneous Provisions
					Sec. 701. Regulatory authority.
					Sec. 702. Administration.
					Sec. 703. Effective date.

 2.DefinitionsIn this Act: (1)Advisory committeeThe term Advisory Committee means the Advisory Committee established by Article IX of the Agreement.
 (2)AgreementEach of the terms Agreement on the Conservation of Albatrosses and Petrels and Agreement means the Agreement on the Conservation of Albatrosses and Petrels, done at Cape Town, South Africa, on February 2, 2001.
 (3)Covered albatrosses and petrelsThe terms covered albatrosses and petrels and covered albatross or petrel mean any species, subspecies, population, or individual within the taxonomic order Procellariiformes that is listed under Annex I of the Agreement, whether dead or alive, including any part, egg, derivative nest, or product of such a species, subspecies, population, or individual.
 (4)AntarcticaThe term Antarctica means the area south of 60 degrees south latitude. (5)Breeding siteThe term breeding site means—
 (A)a location in the wild at which any covered albatross or petrel eggs, tended by the parent birds, have successfully hatched at any time in the previous 5 years; or
 (B)a location where reestablishment of breeding covered albatrosses and petrels is underway. (6)Conservation measureThe term conservation measure means any action taken for the purpose of achieving or maintaining the favorable conservation status of covered albatrosses and petrels.
 (7)Disturb and disturbanceEach of the terms disturb and disturbance means any act that interferes with the natural behavioral patterns of covered albatrosses and petrels, including migration, brooding, nesting, breeding, feeding, or sheltering, to a point at which such behavioral patterns are abandoned or significantly altered.
 (8)Favorable conservation statusThe term favorable conservation status has the meaning given the term in Article I of the Agreement. (9)HabitatThe term habitat means any area within the range, that contains suitable living conditions for covered albatrosses and petrels, including appropriate nesting and foraging areas.
 (10)Magnuson-Stevens ActThe term Magnuson-Stevens Act means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (11)PartyThe term Party means any country (including the United States) or regional economic integration organization that has ratified or acceded to the Agreement.
 (12)PersonThe term person means— (A)any individual (whether or not a citizen or national of the United States);
 (B)any corporation, partnership, association, or other entity (whether or not existing under the laws of any State); and
 (C)any Federal, State, local, or foreign government or any entity of such a government. (13)RangeThe term range means—
 (A)all land or water that any covered albatrosses and petrels inhabit, stay in temporarily, cross, or over-fly, at any time during migration, breeding, feeding, or aggregating; and
 (B)any other areas that the Secretary or the Secretary of Commerce determines have been used for any of those purposes.
 (14)Range stateThe term range state means any country— (A)that exercises jurisdiction over any part of a range; or
 (B)the flagged vessels of which are engaged outside of the jurisdictional limits of the country in take, or in an activity that has the potential to take.
 (15)Regional Fishery Management CouncilThe term Regional Fishery Management Council means any Regional Fishery Management Council established by section 302(a)(1) of the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)).
 (16)SecretariatThe term Secretariat means the Secretariat established by the Parties to the Agreement pursuant to paragraph 11 of Article VIII.
 (17)SecretaryThe term Secretary means the Secretary of the Interior. (18)TakeThe term take means to harmfully interfere with, harass, pursue, hunt, shoot, wound, kill, trap, capture, destroy, possess, or collect.
 (19)United StatesThe term United States means— (A)each of the several States;
 (B)the District of Columbia; (C)the Commonwealth of Puerto Rico;
 (D)the United States Virgin Islands; (E)American Samoa;
 (F)Guam; (G)the Commonwealth of the Northern Mariana Islands; and
 (H)any other commonwealth, territory, or possession of the United States. (20)Waters subject to the jurisdiction of the united statesThe term waters subject to the jurisdiction of the United States means—
 (A)the waters of the United States territorial sea under Presidential Proclamation 5928, dated December 27, 1988 (43 U.S.C. 1331 note);
 (B)the exclusive economic zone (as defined in section 107 of title 46, United States Code); and (C)the areas referred to as eastern special areas in Article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed at Washington, June 1, 1990 (T. Doc. 101–22), including those areas east of the maritime boundary, as defined in that Agreement, that lie within 200 nautical miles of the baselines from which the breadth of the territorial sea of Russia is measured but beyond 200 nautical miles of the baselines from which the breadth of the territorial sea of the United States is measured.
				IConservation Measures
 101.Reestablishment of speciesThe Secretary, in consultation with the Secretary of Commerce, as appropriate, may carry out activities, based on the best available scientific information, to reestablish covered albatrosses and petrels within the range.
			102.Management of nonnative species
 (a)In generalThe Secretary or the Secretary of Commerce, as appropriate, in consultation with each other and with the heads of other relevant Federal agencies, and consistent with this Act and any other applicable law, may carry out activities to prevent the introduction of, eradicate, or control invasive and nonnative species that have or may have an adverse effect on covered albatrosses and petrels.
 (b)Included activitiesThe activities under subsection (a) may include— (1)implementation of management plans for such invasive or nonnative species;
 (2)research on and development of practical and effective techniques to eradicate or control invasive or nonnative species;
 (3)development of regional assessments on established and newly discovered populations of invasive or nonnative species;
 (4)development of decision-support tools to prevent the introduction or establishment of invasive or nonnative species;
 (5)development of rapid response approaches and techniques; (6)documentation of—
 (A)any invasive or nonnative species that coexist with humans; and (B)delineation of areas in which eradication or control of those species would be most effective and cost efficient;
 (7)eradication or control of established populations or individuals of invasive or nonnative species; and
 (8)outreach and education related to— (A)the impacts of invasive or nonnative species on covered albatrosses and petrels; and
 (B)the techniques to eradicate or control those species. 103.Habitat conservation and restoration (a)Authority of Secretary (1)Use of other authoritiesThe Secretary may use authority available under any other laws for the protection of wildlife to conserve, protect, and restore breeding sites of covered albatrosses and petrels, including authority under—
 (A)the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.); (B)the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.);
 (C)the Fish and Wildlife Act of 1956 (16 U.S.C. 742a, et seq.); and (D)any other cooperative or land-acquisition authority vested in the Secretary.
 (2)Management plans and conservation measuresThe Secretary, in consultation with the Secretary of Commerce, may develop and implement management plans and undertake measures for the conservation and protection of covered albatross and petrel habitat.
 (b)Authority of Secretary of CommerceThe Secretary of Commerce, in consultation with the Secretary, may— (1)develop and implement management plans and undertake conservation measures in marine habitats to ensure the sustainability of living marine resources that provide food for such covered albatrosses and petrels; and
 (2)use authority under law to conserve and protect marine habitat important to the conservation of covered albatrosses and petrels, including such authority under—
 (A)the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.); and (B)the Magnuson-Stevens Act.
						104.Management of human activities
				(a)Pollutants and marine debris
 (1)ResearchThe Secretary and the Secretary of Commerce may undertake scientific research to assess the effects of pollutants and marine debris on covered albatrosses and petrels.
 (2)Marine debrisThe Secretary and the Secretary of Commerce may each develop and implement conservation measures to minimize the effects of, or threats posed by, marine debris on covered albatrosses and petrels.
 (b)Prevention, minimization, or mitigation of take and disturbanceThe Secretary and the Secretary of Commerce— (1)in consultation with each other and consistent with the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) and any other authority, may develop and implement measures, including by issuing regulations, to prevent, minimize, or mitigate—
 (A)the take of covered albatrosses and petrels— (i)on lands or in waters subject to the jurisdiction of the United States; and
 (ii)by vessels and nationals of the United States located outside the jurisdiction of the United States; and
 (B)the disturbance of covered albatrosses and petrels— (i)on lands or in waters subject to the jurisdiction of the United States; and
 (ii)by vessels and nationals of the United States located outside the jurisdiction of the United States; and
 (2)shall— (A)notify the Secretary of the department in which the Coast Guard is operating of any actions taken under this subsection, to ensure a coordinated effort to prevent, minimize, or mitigate the taking of covered albatrosses and petrels; and
 (B)if determined necessary, request that the applicable Secretary take additional action to prevent or minimize take of covered albatrosses and petrels.
						(c)Measures To address bycatch in fisheries
 (1)In generalThe Secretary of Commerce, in consultation with the Regional Fishery Management Council with jurisdiction over the relevant fishery under the Magnuson-Stevens Act, may develop and undertake measures to minimize the bycatch of covered albatrosses and petrels in the fishery.
 (2)MonitoringThe Secretary of Commerce, in consultation with such Regional Fishery Management Council, may engage in—
 (A)regional assessments of covered albatrosses and petrels interactions with fishing gear to determine the extent and nature of such interactions;
 (B)collection of covered albatrosses and petrels bycatch data, including through onboard-observer programs—
 (i)to determine the nature and extent of covered albatrosses and petrels interactions with United States fisheries; and
 (ii)to evaluate the effectiveness of any prescribed mitigation measures; and (C)research on bycatch-mitigation measures to develop the most practical and effective deterrent measures that reduce such bycatch.
						(3)Disclosure of information
 (A)In generalIn carrying out this subsection, the Secretary of Commerce may disclose, as necessary and appropriate, information collected under this Act to the Food and Agriculture Organization of the United Nations, regional fishery-management organizations, or arrangements made pursuant to an international fishery-management agreement, if such organizations or arrangements have policies and procedures to safeguard such information from unintended or unauthorized disclosure.
 (B)International fishery agreement definedIn this paragraph the term international fishery agreement has the meaning given the term in section 3 of the Magnuson-Stevens Act (16 U.S.C. 1802). 105.Education and public awarenessThe Secretary, and the Secretary of Commerce, in consultation with relevant Regional Fishery Management Councils and others, may—
 (1)make information on the conservation status of covered albatrosses and petrels, the threats facing covered albatrosses and petrels, and any actions taken under the Agreement available to—
 (A)the scientific, fishing, and seabird conservation communities; (B)the public;
 (C)relevant local authorities; (D)other decisionmakers;
 (E)other Parties; and (F)other countries;
 (2)cooperate with other Parties, the Secretariat, and other persons to develop training programs and general information products and exchange resource materials regarding such conservation; and
 (3)provide training programs to ensure that personnel responsible for the implementation of this Act have adequate knowledge to implement it effectively.
				IIProhibited Acts, Permits, and Exemptions
			201.Prohibited acts
 (a)In generalExcept as authorized by a permit, authorization, or exemption under section 202 or 203, it is unlawful—
 (1)to take any covered albatross or petrel; (2)to commit any act with respect to covered albatrosses or petrels that would be prohibited by section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703(a)) if covered albatrosses or petrels were treated as migratory birds for purposes of that section; or
 (3)to attempt to engage in any act described in paragraph (1) or (2) of this subsection. (b)Applicability (1)In generalExcept as provided in paragraph (2), the prohibitions under this Act apply—
 (A)on lands and in waters subject to the jurisdiction of the United States; and (B)to vessels and nationals of the United States on lands or in waters beyond the jurisdiction of the United States.
 (2)LimitationThis section shall not apply with respect to any covered albatross or petrel lawfully taken before the effective date of this Act.
 (c)Other prohibited conductIt is unlawful— (1)to violate this Act or any regulation or permit issued under this Act;
 (2)to refuse permission to board, search, or inspect any vessel that is subject to the control of that person to an officer authorized under section 301(b) to conduct any search, investigation, or inspection to enforce this Act or any regulation or permit issued under this Act;
 (3)to forcibly assault, resist, oppose, impede, intimidate, or interfere with any officer authorized under section 301(b) in the conduct of any search, investigation, or inspection under this Act;
 (4)to resist a lawful arrest or detention for any act prohibited by this Act or any regulation or permit issued under this Act; or
 (5)to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detention of another person, knowing that the other person has committed an act prohibited by this Act or any regulation or permit issued under this Act.
					202.Authorization of take
				(a)Permits and regulatory authorization
 (1)In generalThe Secretary, in consultation with the Secretary of Commerce, as appropriate, may, subject to the limitations of the terms of the Agreement and other applicable law, authorize by permit or regulation the deliberate taking of any covered albatrosses and petrels—
 (A)to enhance the propagation, reestablishment, or survival of those covered albatrosses and petrels; (B)on a selective basis and to a limited extent, for scientific, educational, or similar purposes;
 (C)to accommodate the traditional needs and practices of indigenous people; (D)for the purposes of assistance or salvage pursuant to the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); or
 (E)in other exceptional circumstances as determined by the Secretary. (2)Other takeThe Secretary may authorize by permit or regulation the take of covered albatrosses or petrels not otherwise provided for in this Act that is incidental to otherwise lawful activities.
 (3)LimitationsA permit or regulatory authorization under this subsection— (A)shall be limited in area and duration of application; and
 (B)shall not— (i)result in the elimination of the favorable conservation status for any covered albatrosses and petrels; or
 (ii)authorize any activity otherwise prohibited by any other statute or regulation. (4)Access to breeding sitesAny permit or other regulatory authorization under this subsection that authorizes access to breeding sites of covered albatrosses and petrels, including for purposes of scientific research, shall contain terms and conditions to minimize unnecessary disturbance to covered albatrosses and petrels, and to minimize the impact on their habitats.
 (b)ExceptionsThe taking of covered albatrosses and petrels is not prohibited by this Act if— (1)the taking is necessary to avoid imminent suffering, serious injury, additional injury, or death to any covered albatrosses and petrels hooked or entangled in fishing gear or debris;
 (2)reasonable care is taken to ensure the safe and expeditious release of the covered albatrosses and petrels; and
 (3)the taking is reported to the Secretary of Commerce in a timely manner. 203.Exemption (a)Military activities (1)In generalIt shall not be a violation of this Act for personnel of the Department of Defense to take covered albatrosses and petrels incidental to military activities.
 (2)Vessels and aircraftThis Act shall not apply to vessels and aircraft entitled to sovereign immunity under international law.
 (3)Guidance to avoid or minimize takeThe Secretary, in consultation with the Secretary of Commerce and the Secretary of Defense, may issue guidance to minimize, to the extent practicable, the take of covered albatrosses and petrels that is incidental to military activities.
					(b)Coast Guard activities
 (1)Law enforcementNothing in this section shall be considered to limit the authority of the Coast Guard to enforce this or any other Federal law under section 89 of title 14, United States Code.
 (2)Emergency responseIt shall not be a violation of this Act for the Coast Guard to take any covered albatrosses and petrels incidental to any emergency response or search and rescue activity.
 (c)Other activitiesTake of any covered albatrosses and petrels is not unlawful if the take was caused by any officer who is authorized by the Secretary, the Secretary of Commerce, or the head of any Federal or State agency that has entered into an agreement with the Secretary or the Secretary of Commerce under section 403, to enforce this Act while performing official duties.
 (d)Bycatch of covered albatrosses and petrels in fisheriesIt shall not be a violation of this Act for any person to take covered albatrosses and petrels as bycatch incidental to otherwise lawful fishing activities, if carried out in accordance with applicable measures to minimize the bycatch of covered albatrosses and petrels undertaken pursuant to section 104(c).
				IIIPenalties and Enforcement
			301.Enforcement
				(a)Responsibility
 (1)In generalThis Act, and any regulations or permits issued under this Act, shall be enforced by the Secretary, the Secretary of Commerce, and the Secretary of the department in which the Coast Guard is operating.
 (2)AdministrationSubject to the limitations of section 1385 of title 18, United States Code, the Secretary, the Secretary of Commerce, and the Secretary of the department in which the Coast Guard is operating may, by agreement, on a reimbursable basis or otherwise, use the personnel, services, equipment (including aircraft and vessels), and facilities of the Coast Guard, and of any State agency in the performance of duties under this Act.
					(b)Powers of authorized officers
 (1)Authorities under Magnuson-Stevens ActThe Secretary of Commerce, the Secretary of the department in which the Coast Guard is operating, and the head of any Federal or State agency that has entered into an agreement with either such Secretary under this section may, if the agreement so provides, authorize officers who are under the administrative jurisdiction of such Secretary or agency to enforce the provisions of this Act or any regulation promulgated under this Act. Any officer so authorized may enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though section 311 of the Magnuson-Stevens Act were incorporated into and made a part of this Act.
 (2)Authorities under Migratory Bird Treaty ActThe Secretary of the Interior and the head of any Federal or State agency that has entered into an agreement with the Secretary under this section may, if the agreement so provides, authorize officers who are under the administrative jurisdiction of such Secretary or agency to enforce the provisions of this Act or any regulation promulgated under this Act. Any officer so authorized may enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though section 5 of the Migratory Bird Treaty Act (16 U.S.C. 706) were incorporated into and made a part of this Act.
					(c)Penalties
 (1)Persons and vessels subject to the jurisdiction of the Secretary of CommerceAny person or vessel that is subject to the jurisdiction of the Secretary of Commerce and that violates this Act or any permit or regulation issued under this Act shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Magnuson-Stevens Act in the same manner and by the same means as though sections 308 through 311 of that Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of this Act.
 (2)Persons and vessels subject to the jurisdiction of the Secretary of the InteriorAny person or vessel that is subject to the jurisdiction of the Secretary of the Interior and that violates this Act or permit or regulation issued under this Act shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) in the same manner and by the same means as though section 6 of that Act (16 U.S.C. 707) were incorporated into and made a part of this Act.
					IVAgreement Authority
			401.Agreement authority
 (a)In generalThe Secretary and the Secretary of Commerce shall each designate an office or program of the United States Fish and Wildlife Service and of the National Marine Fisheries Service, respectively, that shall jointly—
 (1)function as the United States Authority in accordance with Article VII of the Agreement, to undertake, monitor, and control all activities carried out in the implementation and enforcement of the Agreement within the respective jurisdictions of the United States Fish and Wildlife Service and the National Marine Fisheries Service; and
 (2)designate a United States Representative in accordance with Article IX of the Agreement and designate a contact point for the United States in accordance with Article VII of the Agreement.
 (b)Role of United States authorityThe Authority designated under subsection (a) shall, for the purposes of the Agreement— (1)monitor all activities that may have an impact on the conservation status of those covered albatrosses and petrels for which the United States is a range state; and
 (2)designate a Contact Point as required by Article VII of the Agreement for communication with the Secretariat.
					402.Reporting
 (a)Report to congressThe Secretary, in consultation with the Secretary of Commerce, the Secretary of State, and any other Federal agency, as appropriate, shall not later than 1 year after the effective date of this Act, and every 4 years thereafter, submit a report to the Congress that includes—
 (1)the list of all covered albatrosses and petrels that are subject to this Act; (2)the status of all covered albatrosses and petrels that occur in the United States and within the waters subject to the jurisdiction of the United States; and
 (3)actions taken and those conservation measures believed necessary to achieve and maintain a favorable conservation status for covered albatrosses and petrels.
 (b)Report to the advisory committeeThe Secretary and the Secretary of Commerce may jointly provide to the Advisory Committee, through the Secretariat, a report on the implementation of the Agreement by the United States.
 403.General coordinationIn carrying out this Act, the Secretary and the Secretary of Commerce— (1)shall work together and may request that other Federal agencies take actions, to achieve or maintain a favorable conservation status for covered albatrosses and petrels; and
 (2)shall consult with the heads of other Federal agencies when taking actions on lands or waters owned by the United States and under the jurisdiction of those Federal agencies.
				VInternational Cooperation and Assistance
			501.Cooperation among nations
 (a)In generalThe Secretary, the Secretary of Commerce, and the Secretary of State may cooperate with other countries to achieve and maintain a favorable conservation status of covered albatrosses and petrels, including by—
 (1)the development of systems for collecting and analyzing data and exchanging information; (2)the exchange of information regarding adoption and enforcement of legislative and other management approaches to conservation of covered albatrosses and petrels;
 (3)the implementation of education and awareness programs for users of areas in which covered albatrosses and petrels may be encountered;
 (4)the design and implementation of comprehensive programs for public information in relation to the conservation of covered albatrosses and petrels;
 (5)the development and implementation of training programs on conservation techniques and measures to mitigate threats affecting covered albatrosses and petrels;
 (6)the exchange of expertise, techniques, and knowledge; and (7)entering into cooperative arrangements, including, as appropriate, international agreements.
 (b)AssistanceThe Secretary and the Secretary of Commerce, in cooperation with the Secretary of State, may provide training, technical, and financial support to the Secretariat, other international and intergovernmental organizations, and other countries, to assist in implementing the objectives of the Agreement.
				VIBycatch and Equivalent Conservation
 601.Protected living marine resourcesSection 610(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(e)) is amended by striking paragraph (1) and inserting the following:

 (1)except as provided in paragraph (2), means nontarget fish, sea turtles, seabirds, or marine mammals that are protected under United States law or international agreement, including—
 (A)the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.); (B)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
 (C)the Shark Finning Prohibition Act (16 U.S.C. 1822 note; Public Law 106–557), including amendments made by that Act;
 (D)the Convention on International Trade in Endangered Species of Wild Fauna and Flora and Fauna, done at Washington March 3, 1973 (27 UST 1087, TIAS 8249); and
 (E)the Albatross and Petrel Conservation Act; but. VIIMiscellaneous Provisions 701.Regulatory authority (a)Regulations (1)In generalExcept as otherwise provided in this section—
 (A)the Secretary of Commerce may develop and issue regulations as necessary to implement the Agreement and this Act with respect to sections 103(b), 104(c), 203(d), and 601 of this Act;
 (B)the Secretary and the Secretary of Commerce may jointly develop and issue regulations as necessary to implement the Agreement and this Act with respect to sections 102, 105, 401, and 403; and
 (C)the Secretary and the Secretary of Commerce may each issue regulations as necessary to implement the Agreement and this Act with respect to sections 104(a)(2), 104(b), and 201.
 (b)ConsultationIn issuing regulations under this Act, the Secretary and the Secretary of Commerce shall consult each other.
 (c)AntarcticaIn issuing regulations under this Act, the Secretary and the Secretary of Commerce shall consult with the Director of the National Science Foundation (or the designee of such Director) on implementation related to Antarctica.
				702.Administration
 (a)In generalExcept as specified in section 601, nothing in this Act repeals, supersedes, overrides, or modifies any provision of Federal law.
				(b)Effect on lands and waters
 (1)Concurrence requiredNothing in this Act authorizes the Secretary or the Secretary of Commerce to carry out any activities under this Act on land or in waters under the area-based management jurisdiction of the other, unless the Secretary and the Secretary of Commerce agree.
 (2)ConsultationIn those areas in which neither the Secretary nor the Secretary of Commerce has explicit area-based management jurisdiction, the Secretary and the Secretary of Commerce shall carry out this Act in consultation with each other.
 703.Effective dateThis Act takes effect on the date that is 180 days after the date of enactment of this Act.


109 HR 1500 IH: Investment Tax Simplification Act of 2005
U.S. House of Representatives
2005-04-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1500
IN THE HOUSE OF REPRESENTATIVES

April 6, 2005
Mr. Dreier (for himself and Mr. English of Pennsylvania) 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 the 2003 reduction in the individual capital gains tax rates permanent and to further reduce and simplify such rates and to reduce the corporate capital gains rate.

1.Short titleThis Act may be cited as the Investment Tax Simplification Act of 2005.
2.Permanent reduction in capital gains rates for individuals and corporations
(a)Repeal of sunset of reduction in capital gains rates for individualsSection 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 shall not apply to section 301 of such Act.
(b)Further reduction in and simplification of capital gains rates for individuals
(1)In generalParagraph (1) of section 1(h) of the Internal Revenue Code of 1986 is amended to read as follows:

(1)In generalIf a taxpayer has a net capital gain for any taxable year, the tax imposed by this section for such taxable year shall not exceed the sum of—
(A)a tax computed at the rates and in the same manner as if this subsection had not been enacted on taxable income reduced by the net capital gain, and
(B)15 percent of the excess (if any) of—
(i)the net capital gain (or, if less, taxable income), over
(ii)the amount of taxable income which would (without regard to this paragraph) be taxed at a rate below 25 percent..
(2)Alternative minimum taxParagraph (3) of section 55(b) of such Code is amended to read as follows:

(3)Maximum rate of tax on net capital gain of noncorporate taxpayersThe amount determined under the first sentence of paragraph (1)(A)(i) shall not exceed the sum of—
(A)the amount determined under such first sentence computed at the rates and in the same manner as if this paragraph had not been enacted on the taxable excess reduced by the net capital gain, plus
(B)the amount determined under section 1(h)(1)(B)..
(3)Conforming amendments
(A)
(i)Subsection (h) of section 1 of such Code is amended by striking paragraphs (3) through (8) and by redesignating paragraphs (9), (10), and (11) as paragraphs (3), (4), and (5), respectively.
(ii)Sections 163(d)(4)(B), 854(b)(5), and 857(c)(2)(D) of such Code are each amended by striking section 1(h)(11)(B) and inserting section 1(h)(5)(B).
(iii)Sections 301(f)(4), 306(a)(1)(D), 584(c), 702(a)(5), 854(a), and 854(b)(2) of such Code are each amended by striking section 1(h)(11) and inserting section 1(h)(5).
(iv)The heading of section 857(c)(2) of such Code is amended by striking Section 1(h)(11) and inserting Section 1(h)(5).
(B)Section 4985(a)(1) of such Code is amended by striking section 1(h)(1)(C) and inserting section 1(h)(1)(B).
(c)Reduced capital gains rate for corporations
(1)In generalSection 1201 of such Code is amended by striking 35 percent both places it appears and inserting 15 percent.
(2)Alternative minimum taxSection 55(b) of such Code is amended by adding at the end the following new paragraph:

(4)Maximum rate of tax on net capital gain of corporationsThe amount determined under paragraph (1)(B)(i) shall not exceed the sum of—
(A)the amount determined under such paragraph computed at the rates and in the same manner as if this paragraph had not been enacted on the taxable excess reduced by the net capital gain, plus
(B)the amount determined under section 1201..
(3)Technical amendments
(A)Section 1445(e)(1) of such Code is amended by striking 35 percent (or, to the extent provided in regulations, 15 percent) and inserting 15 percent.
(B)Section 1445(e)(2) of such Code is amended by striking 35 percent and inserting 15 percent.
(C)Section 7518(g)(6)(A) of such Code is amended by striking (34 percent in the case of a corporation).
(D)Section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended by striking (34 percent in the case of a corporation).
(d)Effective date
(1)In generalExcept as provided in paragraph (2), the amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.
(2)WithholdingThe amendment made by subsection (c)(3)(B) shall apply to amounts paid after the date of the enactment of this Act.


		II
		110th CONGRESS
		2d Session
		S. 3585
		IN THE SENATE OF THE UNITED
		  STATES

			September 25
			 (legislative day, September 17), 2008
			Mr. Lieberman (for
			 himself and Ms. Collins) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Armed
			 Services

		A BILL
		To amend title 10, United States Code, to
		  establish the responsibility of the Department of Defense to plan for and
		  respond to catastrophic incidents in the United States, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Ensuring Defense Support to
			 Catastrophic Incident Response Act of 2008.
		2.FindingsCongress makes the following
			 findings:
			(1)The United States faces real threats of
			 man-made and natural disasters which could result in catastrophic consequences
			 to the Nation, its resources, and its people. Because of the scale of the
			 potential consequences of these threats, they may constitute threats to
			 national security and will require the full range of Federal resources to save
			 lives, minimize human suffering, protect property, and mitigate damage.
			(2)Because of its manpower, communications,
			 logistics, and other capabilities, the Department of Defense is uniquely suited
			 to provide critical support to other departments and agencies of the Federal
			 Government, State and local governments, and governments of the Commonwealths
			 and possessions of the United States in response to a catastrophic incident in
			 the United States.
			(3)Planning and preparation for and execution
			 of civil support operations in responding to catastrophic incidents in support
			 of the Department of Homeland Security and State and local governments is a
			 national security issue.
			(4)A successful response to catastrophic
			 incidents in the United States requires coordinated strategic plans and
			 detailed operational plans with specific tasking and sourcing. The Department
			 of Defense must develop such plans and should maintain the required units and
			 assets at the appropriate level of readiness in order to deliver the
			 capabilities which will be required in a response led by the Department of
			 Homeland Security.
			(5)The National Guard and Reserves are
			 forward-deployed in communities throughout the United States, are integrated
			 with State and local governments, and have considerable homeland-related
			 capabilities. The Department of Defense and the United States Northern Command
			 must therefore consider the plans and capabilities of the National Guard and
			 Reserves, and State and local governments, in plans for civil support
			 operations.
			3.Department of Defense support of domestic
			 civilian authorities in response to catastrophic incidents in the United
			 States
			(a)Support authorizedPart I of subtitle A of title 10, United
			 States Code, is amended by inserting after chapter 18 the following new
			 chapter:

					19Support of Domestic Civilian Authorities in
				Response to Catastrophic Incidents in the United States

							Sec.
							390. Department of Defense support of domestic civilian
				  authorities in response to catastrophic incidents in the United
				  States.

						390.Department of Defense support of domestic
				civilian authorities in response to catastrophic incidents in the United
				States
							(a)In generalSubject to the authority, direction, and
				control of the President, the Department of Defense shall undertake civil
				support operations in response to catastrophic incidents in the United
				States.
							(b)Plans for support(1)For purposes of carrying out the
				requirement in subsection (a), the Secretary of Defense shall, in conjunction
				with the Secretary of Homeland Security, develop comprehensive plans for civil
				support operations.
								(2)The plans required under this subsection
				shall include strategies for the use of the armed forces, including units and
				personnel of the regular components of the armed forces, units and personnel of
				the National Guard (including personnel on active duty under this title, in
				status under title 32, and in State status, consistent with section 1814(c) of
				the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 113
				note)), units and personnel of the other reserve components of the armed
				forces, the civilian personnel of the Department of Defense, and, if the
				Secretary considers it appropriate for purposes of the plans, contractors of
				the Department of Defense.
								(3)The plans required under this subsection
				shall be developed in coordination with other departments and agencies of the
				Federal Government with homeland security responsibilities as part of an
				established national planning process and shall include the development of
				operations plans required by section 653(b) of the Post-Katrina Emergency
				Management Reform Act of 2006 (6 U.S.C. 753(b)).
								(4)The plans required under this subsection
				shall be developed to execute strategic requirements established by the
				Secretary of Homeland Security though an established national planning
				process.
								(c)Implementation and execution of
				plansIn implementing the
				plans developed under subsection (b), the Secretary of Defense shall—
								(1)ensure that—
									(A)the Department of Defense is organized and
				equipped with the capabilities and resources required to execute the plans;
				and
									(B)the capabilities and resources referred to
				in subparagraph (A) are available, accessible, and maintained at the
				appropriate readiness status to enable deployment in accordance with the plans;
				and
									(2)ensure that any capabilities and resources
				identified under paragraph (1)(A), when appropriate, train and participate in
				exercises, including—
									(A)exercises administered under the national
				exercise program carried out under section 648(b) of the Post-Katrina Emergency
				Management Reform Act of 2006 (6 U.S.C. 748(b)); and
									(B)other exercises determined appropriate by
				the Secretary of Defense to ensure such capabilities and resources are
				maintained at the appropriate state of readiness.
									(d)BudgetThe budget of the Department of Defense for
				any fiscal year (as submitted to Congress pursuant to section 1105 of title 31)
				shall include a request for funds sufficient to carry out the requirements of
				this section in such fiscal year. The request for a fiscal year under this
				subsection shall set forth separately the following:
								(1)Each component, program, or activity of the
				Department of Defense that will carry out the requirements of this section in
				such fiscal year.
								(2)The amount requested for each such
				component, program, or activity to carry out such requirements in such fiscal
				year.
								(e)ConstructionNothing in this section shall be construed
				as prohibiting or limiting the authority of the Department of Defense to
				provide support operations in response to a disaster or incident that is not a
				catastrophic incident as otherwise provided by law.
							(f)Reports(1)Not later than one year after the date of
				the enactment of this section, and every two years thereafter, the Secretary of
				Defense shall submit to the appropriate committees of Congress a report on the
				implementation of the requirements of this section, including a discussion of
				the development and implementation of the plans required by subsection
				(b).
								(2)Each report under this subsection shall be
				submitted in unclassified form, but may include a classified annex.
								(g)DefinitionsIn this section:
								(1)The term catastrophic incident
				has the meaning given that term in section 501(3) of the Homeland Security Act
				of 2002 (6 U.S.C. 311(3)).
								(2)The term civil support
				operation means a mission performed by the Department of Defense in
				support of other departments or agencies of the Federal Government, State or
				local governments, or governments of the Commonwealths or possessions of the
				United States in their efforts to prevent, protect against, prepare for,
				respond to, and recover from natural disasters, acts of terrorism, and other
				man-made
				disasters.
								.
			(b)Clerical amendmentsThe tables of chapters at the beginning of
			 title, United States Code, and at the beginning of part I of subtitle A of such
			 title, are each amended by inserting after the item relating to chapter 18 the
			 following new item:

						19.Support of Domestic Civilian Authorities in Response to
				  Catastrophic Incidents in the United
				  States390.

					.
			4.Quadrennial defense review
			 mattersSection 118 of title
			 10, United States Code, is amended—
			(1)by transferring subsection (g), as added by
			 section 942(d) of the National Defense Authorization Act for Fiscal Year 2008
			 (Public Law 110–181; 122 Stat. 288), to the end of such section 118 and
			 redesignating such subsection, as so transferred, as subsection (i); and
			(2)by inserting after subsection (g), as added
			 by section 951(a) of the National Defense Authorization Act for Fiscal Year
			 2008 (122 Stat. 290), the following new subsection:

					(h)Consideration of Department of Defense
				roles and responsibilities in responding to catastrophic
				incidents(1)The first national security strategy and
				national defense strategy prepared after the date of the enactment of this
				subsection shall include guidance for military planners—
							(A)to
				determine the appropriate roles and responsibilities of the Department of
				Defense, in coordination with and in support of the Department of Homeland
				Security and other departments and agencies of the Federal Government with
				homeland security responsibilities and with State, local, and tribal
				governments, in responding to catastrophic incidents;
							(B)to
				update defense plans based on such determinations, including working with the
				Department of Homeland Security and other departments and agencies of the
				Federal Government with homeland security responsibilities in responding to
				such incidents; and
							(C)to
				develop the capabilities needed to execute such plans.
							(2)The first quadrennial defense review
				prepared after the date of the enactment of this subsection shall examine the
				capabilities of the armed forces to support civil authorities in responding to
				catastrophic incidents.
						(3)In this subsection:
							(A)The term catastrophic incident
				has the meaning given that term in section 501(3) of the Homeland Security Act
				of 2002 (6 U.S.C. 311(3)).
							(B)The term national security
				strategy means the annual national security strategy report of the
				President under section 108 of the National Security Act of 1947 (50 U.S.C.
				404a).
							.
			5.Rule of constructionNothing in this Act or the amendments made
			 by this Act may be construed—
			(1)to modify the restrictions on the role of
			 the Department of Defense in law enforcement operations within the United
			 States;
			(2)to affect the authority of the Governor of
			 a State to respond to a natural disaster, act of terrorism, or other man-made
			 disaster within the United States; or
			(3)to affect the authority of the Governor of
			 a State to exercise command and control over the National Guard of that State
			 while in State status or in title 32, United States Code, status.
			6.DefinitionsIn this Act:
			(1)The term catastrophic incident
			 has the meaning given that term in section 501(3) of the Homeland Security Act
			 of 2002 (6 U.S.C. 311(3)).
			(2)The term civil support
			 operation means a mission performed by the Department of Defense in
			 support of other departments or agencies of the Federal Government, State or
			 local governments, or governments of the Commonwealths or possessions of the
			 United States in their efforts to prevent, protect against, prepare for,
			 respond to, and recover from natural disasters, acts of terrorism, and other
			 man-made disasters.
			7.Authorization of
			 appropriationsThere are
			 authorized to be appropriated such sums as are necessary to carry out this Act
			 and the amendments made by this Act.


109 HR 2204 IH: 527 Transparency Act of 2005
U.S. House of Representatives
2005-05-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 2204
IN THE HOUSE OF REPRESENTATIVES

May 5, 2005
Mr. Shaw (for himself, Mr. Sam Johnson of Texas, Mr. English of Pennsylvania, and Mr. Foley) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend the Internal Revenue Code of 1986 to impose penalties for the failure of 527 organizations to comply with disclosure requirements.

1.Short titleThis Act may be cited as the 527 Transparency Act of 2005.
2.Mandatory Monthly Reporting
(a)In generalSection 527(j)(2) of the Internal Revenue Code of 1986 (relating to required disclosure) is amended to read as follows:

(2)Required disclosureA political organization which accepts a contribution, or makes an expenditure, for an exempt function during any calendar year shall file with the Secretary monthly reports for each such year which shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month, except that, in lieu of filing the reports otherwise due in November and December of any year in which a regularly scheduled general election is held, the organization shall file—
(A)a pre-election report, which shall be filed no later than the 12th day before (or posted by registered or certified mail no later than the 15th day before) any election with respect to which the organization accepts a contribution or makes an expenditure, and which shall be complete as of the 20th day before the election;
(B)a post-general election report, which shall be filed no later than the 30th day after the general election and which shall be complete as of the 20th day after such general election; and
(C)a year-end report which shall be filed no later than January 31 of the following calendar year..
(b)Effective dateThe amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2005.
3.Failure of 527 organization to comply with disclosure requirements
(a)Excise tax on managers
(1)In generalSubchapter C of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

4956.Tax on failure of political organizations to meet disclosure requirements
(a)Tax imposedIn the case of a failure of a political organization to meet the disclosure requirements of section 527(j) with respect to any contribution to or expenditure from the political organization, there is hereby imposed on the political organization, in addition to any other tax or penalty provided in this title, a tax for each such failure.
(b)Amount of taxThe tax imposed by subsection (a) shall be 30 percent of the total amount of the contribution or expenditure with respect to which such failure occurred.
(c)Liability for tax
(1)In generalExcept as provided by paragraph (2), the tax imposed by subsection (a) shall be paid by the political organization.
(2)Joint and several liability of organization managersEach organization manager of the political organization shall be jointly and severally liable for any tax imposed under subsection (a).
(d)Organization managerFor purposes of this section, the term organization manager means any officer, director, or trustee of the political organization (or individual having powers or responsibilities similar to those of an officer, director, or trustee).
(e)Political organizationThe term political organization shall have the meaning given such term by section 527(e)(1)..
(2)Conforming amendments
(A)The heading for subchapter C of chapter 42 of such Code is amended by adding at the end the following: ; failure of political organizations to meet reporting requirements.
(B)The table of sections for such subchapter C is amended by adding at the end the following:

Sec. 4956. Tax on failure of political organizations to meet disclosure requirements .
(C)The item in the table of subchapters of such chapter 42 relating to subchapter C is amended to read as follows:

Subchapter C. Political expenditures of section 501(c)(3) organizations; failure of political organizations to meet reporting requirements..
(3)Effective dateThe amendments made by this subsection shall apply to taxable years beginning after December 31, 2005.
(b)Denial of gift tax exclusion
(1)In generalParagraph (4) of section 2501(a) of the Internal Revenue Code of 1986 (relating to taxable transfers) is amended to read as follows:

(4)Transfers to political organizations
(A)In generalParagraph (1) shall not apply to the transfer of money or other property to a political organization (within the meaning of section 527(e)(1)) for the use of such organization.
(B)Exception for failure of organization to meet disclosure requirementsSubparagraph (A) shall not apply to any transfer in a calendar year for which the political organization fails to make the disclosures required by section 527(j)..
(2)Notice to contributors of denial of gift tax exception for failure to discloseSection 527(j) of such Code is amended by adding at the end the following new paragraph:

(8)Notice to contributors of denial of gift tax exception for failure to discloseIn the case of a final determination by the Secretary that a failure described in paragraph (1)(A) with respect to an organization occurred, the organization shall, not later than 90 days after the date of such determination, provide written notice of such failure to each contributor to the organization for the calendar year in which such failure occurred. Such notice shall include a statement that the exception under section 2501(a)(4)(A) does not apply to any contribution to the organization in such calendar year..
(3)Effective dateThe amendments made by this subsection shall apply to transfers made after December 31, 2005.
4.Simultaneous transmission of Reports to Federal Election Commission
(a)In GeneralSection 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection:

(i)Reports of Political Organizations Under Internal Revenue Code of 1986
(1)Simultaneous filing of Treasury reports with CommissionAt the time a political organization described in section 527 of the Internal Revenue Code of 1986 files a report with the Secretary of the Treasury under section 527(j) of such Code, the organization shall file a copy of the report with the Commission.
(2)Treatment as report filed with CommissionFor purposes of this Act, the copy filed under this subsection of a report filed with the Secretary of the Treasury shall be treated as a report or statement filed with the Commission under this section..
(b)Effective DateThe amendment made by subsection (a) shall take effect January 1, 2006.


116 HR 4174 IH: Guardianship Accountability Act of 2019
U.S. House of Representatives
2019-08-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4174IN THE HOUSE OF REPRESENTATIVESAugust 6, 2019Mr. Soto (for himself, Mr. Bilirakis, Mr. Crist, and Mrs. Dingell) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo assist States in improving guardianship oversight and data collection.

 1.Short titleThis Act may be cited as the Guardianship Accountability Act of 2019. 2.Findings; purposes (a)FindingsCongress finds the following:
 (1)An estimated 1,300,000 adults and approximately $50,000,000,000 in assets are under the care of guardians in the United States.
 (2)Most guardians are selfless, dedicated individuals who play an important role in safeguarding individuals in need of support. However, unscrupulous guardians acting with little oversight have used guardianship proceedings to obtain control of individuals in need of support.
 (3)Once a guardianship is imposed, there are often few safeguards in place to protect against individuals who choose to abuse the system and few States are able to report accurate or detailed guardianship data.
 (4)A full guardianship order may remove more rights than necessary and may not be the best means of providing support and protection to an individual. If individuals subject to guardianship regain capacity, all or some rights should be quickly and efficiently restored.
 (5)States should encourage courts to use alternatives to guardianship through State statutes, including the adoption of the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act, to ensure better protections and control for individuals being considered for guardianship and those pursuing a restoration of their rights.
 (6)A national resource center on guardianship is needed to collect and publish information for the benefit of courts, policy makers, individuals subject to guardianship, guardians, community organizations, and other stakeholders.
 (b)PurposesThe purposes of this Act are to help States improve guardianship oversight and data collection by— (1)designating a National Online Resource Center on Guardianship;
 (2)authorize grants for the purpose of developing State Guardianship Databases; and (3)establishing procedures for sharing background check information related to appointed guardians with other jurisdictions.
 3.DefinitionsIn this Act: (1)Elder justice coordinating councilThe term Elder Justice Coordinating Council means the Council established under section 2021 of the Social Security Act (42 U.S.C. 1397k).
 (2)GuardianshipThe term guardianship means a legal relationship established by a court when a person is determined to lack the ability to meet essential requirements for physical health, safety, or self-care because the person is unable to receive and evaluate information or make or communicate decisions about their person or property, even with appropriate supportive services, technological assistance, supported decision making, or other less restrictive alternatives.
 (3)Individuals subject to guardianshipThe term individuals subject to guardianship means any individual 18 years or older placed under a guardianship. 4.National Online Resource Center on Guardianship (a)DesignationThe Elder Justice Coordinating Council shall establish a National Online Resource Center on Guardianship (referred to in this section as the Center).
 (b)The National Online Resource Center on GuardianshipThe National Online Resource Center shall— (1)collect and publish information for use by individuals subject to guardianship, guardians, courts, State and local governments, and community organizations;
 (2)post model standards, best practices, and guidelines for the appointment and regulation of guardianship cases developed under section 505 of the Elder Abuse Prevention and Prosecution Act (34 U.S.C. 21752);
 (3)promote the use of less restrictive alternatives to guardianship and the restoration of rights of individuals subject to guardianship;
 (4)annually compile and publish a summary of recently conducted research on guardianship systems, including information from agencies across the government;
 (5)collect data from States regarding— (A)the number of individuals subject to guardianship;
 (B)the duration of guardianships; (C)whether the authority granted to guardians is classified as—
 (i)full guardianship; (ii)limited guardianship;
 (iii)emergency or temporary guardianship; or (iv)a less restrictive alternative to guardianship;
 (D)the amount of financial assets under guardianship; and (E)whether an appointed guardian is classified as a—
 (i)family or other nonprofessional guardian; (ii)private or professional guardian or guardianship agencies; or
 (iii)public guardian; (6)maintain a public, national database on State laws regarding guardianship and less restrictive alternatives to guardianship, including requirements for the—
 (A)use of least restrictive alternative; (B)regular filing and documentation by appointed guardians;
 (C)oversight of appointed guardians; (D)restoration of rights of individuals subject to guardianship; and
 (E)oversight of potential conflicts of interest among individuals and organizations involved in guardianship applications, appointments, and oversight;
 (7)identify issues relating to guardianship and provide and publish annual recommendations to States and Congress to address identified problems;
 (8)collect and analyze best practices relating to guardianship, and publish a report of such best practices, including model guidelines and standards for—
 (A)ensuring appropriate representation and protection of legal rights for individuals subject to guardianship and guardianship proceedings;
 (B)conducting background check investigations on prospective and appointed guardians; (C)promoting the use of less restrictive alternatives to guardianship;
 (D)obtaining restoration of all or some rights; (E)implementing oversight programs; and
 (F)responding to abuse, neglect, and exploitation; (9)compile and publish training materials for court appointed guardians related to duties and obligations, as well as ways in which to effectively support individuals subject to guardianship;
 (10)facilitate State collection of guardianship information and the sharing of such information among States; and
 (11)carry out other activities, as determined by the Elder Justice Coordinating Council. (c)ConsiderationIn developing the Center, the Elder Justice Coordinating Council shall take into account diverse stakeholder views, including those of individuals and organizations representing people with disabilities, older adults, family members, court-stakeholder partnerships and others, as well as available literature developed through academic or other research institutions.
 5.State guardianship databasesSection 2042(c) of the Social Security Act (42 U.S.C. 1397m–1(c)) is amended— (1)in paragraph (1), by striking paragraph (2)(E) and inserting subparagraphs (E), (F), (G), and (H) of paragraph (2);
 (2)in paragraph (2)— (A)in the matter preceding subparagraph (A)—
 (i)by striking Funds and inserting Subject to paragraph (7), funds; and (ii)by striking subparagraph (E) and inserting subparagraphs (E), (F), (G), and (H);
 (B)in subparagraph (E), by striking or at the end; (C)by redesignating subparagraph (F) as subparagraph (I); and
 (D)by inserting after subparagraph (E) the following new paragraphs:  (F)methods to assess State guardianship statistics such as the creation of State databases to collect information about the number and characteristics of guardianship arrangements, guardians, and individuals subject to guardianship;
 (G)the use of trained court visitors to improve court administration of guardianship arrangements, including the appointment and oversight of guardians;
 (H)methods for collecting, storing, and making available to the appropriate individuals, organizations, and entities information on prospective, current, and previously appointed guardians, which may include—
 (i)contact and identifying information; (ii)information relating to background check investigations;
 (iii)court decisions regarding petitions for appointment as a guardian, including the rationale for such decisions; and
 (iv)information relating to the cause for removal of the guardian or termination of the guardianship arrangement; or;
 (3)in paragraph (4), by striking paragraph (2)(E) and inserting subparagraphs (E), (F), (G), and (H) of paragraph (2); (4)in paragraph (5), by striking paragraph (2)(E) each place it appears and inserting subparagraphs (E), (F), (G), and (H) of paragraph (2); and
 (5)by adding at the end the following new paragraph:  (7)Ensuring demonstration program funding for the highest courts of StatesThe Secretary shall ensure that at least 5 percent of the total of any funds made available to carry out this subsection in a fiscal year (beginning with fiscal year 2020) is awarded under grants to the highest courts of States for purposes of conducting demonstration programs described in subparagraphs (E), (F), (G), and (H) of paragraph (2)..


114 HR 2021 IH: To prohibit the expenditure of Federal funds to Amtrak.
U.S. House of Representatives
2015-04-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 2021
		IN THE HOUSE OF REPRESENTATIVES

			April 23, 2015
			Mr. Salmon introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

		A BILL
		To prohibit the expenditure of Federal funds to Amtrak.

 1.Prohibition on use of funds for AmtrakNotwithstanding any other provision of law, no Federal funds shall be made available to Amtrak.


114 HR 3231 PCS: Federal Intern Protection Act of 2016
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
		Calendar No. 616114th CONGRESS
		2d Session
		H. R. 3231
		IN THE SENATE OF THE UNITED STATES
		January 12, 2016ReceivedSeptember 6, 2016Read the first timeSeptember 7, 2016Read the second time and placed on the calendarAN ACT
		To amend title 5, United States Code, to protect unpaid interns in the Federal Government from
			 workplace harassment and discrimination, and for other purposes.

 1.Short titleThis Act may be cited as the Federal Intern Protection Act of 2016. 2.Prohibited personnel practices (a)In generalSection 2302 of title 5, United States Code, is amended by adding at the end the following:

					(g)
 (1)All protections afforded to an employee under subparagraphs (A), (B), and (D) of subsection (b)(1) shall be afforded, in the same manner and to the same extent, to an intern and an applicant for internship.
 (2)For purposes of the application of this subsection, a reference to an employee shall be considered a reference to an intern in—
 (A)section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16); (B)sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 631, 633a); and
 (C)section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791). (3)In this subsection, the term intern means an individual who performs uncompensated voluntary service in an agency to earn credit awarded by an educational institution or to learn a trade or occupation..
 (b)Conforming amendmentSection 3111(c)(1) of title 5, United States Code, is amended by inserting section 2302(g) (relating to prohibited personnel practices), before chapter 81.  Passed the House of Representatives January 11, 2016.Karen L. Haas,Clerk September 7, 2016Read the second time and placed on the calendar


109 HR 1296 IH: Intermodal Equipment Safety and Responsibility Act of 2005
U.S. House of Representatives
2005-03-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1296
IN THE HOUSE OF REPRESENTATIVES

March 15, 2005
Mr. Brown of South Carolina introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To amend title 49, United States Code, relating to responsibility for intermodal equipment compliance with commercial motor vehicle safety requirements, and for other purposes.

1.Short titleThis Act may be cited as the Intermodal Equipment Safety and Responsibility Act of 2005.
2.FindingsThe Congress finds the following:
(1)Promoting safety on our Nation’s highways is a national priority. The Department of Transportation has promulgated the Federal Motor Carrier Safety Regulations to further this purpose. The systematic maintenance, repair, and inspection of equipment traveling in interstate commerce are an integral part of the safety regime.
(2)Intermodal transportation plays a significant role in expanding our Nation’s commerce. The Nation’s economy depends heavily upon the ability to transport goods via the various modes of transportation.
(3)Motor carriers and their drivers often receive trailers, chassis, containers and other pieces of intermodal equipment to be transported in interstate commerce. Motor carriers do not, however, possess the requisite level of control or authority over this intermodal equipment to perform the systematic maintenance, repair and inspection necessary to ensure compliance with the Federal Motor Carrier Safety Regulations and to ensure the safety of our Nation’s highways.
(4)As a result of roadside inspections, motor carriers and their drivers are cited and fined for violations of the Federal Motor Carrier Safety Regulations attributable to intermodal equipment that motor carriers and their drivers neither systematically maintain nor have the opportunity to systematically maintain. Additionally, violations of the Federal Motor Carrier Safety Regulations attributable to intermodal equipment are assigned to the motor carrier’s safety record. Congress should exercise its power to ensure that only those parties who control the equipment, thus having the opportunity and authority to systematically maintain, repair and inspect intermodal equipment, assume responsibility for the safety of that equipment as it travels in interstate commerce.
3.DefinitionsSection 5901 of title 49, United States Code, is amended by adding at the end the following:

(9)Motor carrierThe term motor carrier means a person providing motor vehicle transportation for compensation or a motor private carrier as that term is defined in chapter 131 of this title.
(10)EquipmentThe term equipment means equipment commonly used in the road transport of intermodal freight, including trailers, chassis, containers and associated devices, and used as an instrumentality of foreign or interstate commerce.
(11)Equipment interchange agreementThe term equipment interchange agreement means a written document executed by an equipment controller or its agent and a motor carrier which establishes the responsibilities and liabilities of both parties as they relate to the interchange of the equipment.
(12)Equipment controllerThe term equipment controller means any party with any legal right, title, or interest in the equipment, except that a motor carrier is not an equipment controller only because of providing or arranging for any part of the intermodal transportation of the equipment. In no instance shall a motor carrier who has not been contractually delegated responsibility for systematic maintenance and repair of equipment be considered a controller of that equipment.
(13)InterchangeThe term interchange means the act of providing equipment to a motor carrier for the purpose of transporting the equipment for loading or unloading by any party or repositioning the equipment for the benefit of the equipment controller. Such term does not mean the leasing of equipment to a motor carrier for use in the motor carrier’s over-the-road freight hauling operations.
(14)Federal Motor Carrier Safety RegulationsThe term Federal Motor Carrier Safety Regulations means the regulations promulgated by the United States Department of Transportation governing the condition and maintenance of commercial motor vehicles as set forth in title 49 of the Code of Federal Regulations..
4.Jurisdiction over equipment controllersChapter 59 of title 49, United States Code, is further amended by adding at the end the following:

5910.Jurisdiction over equipment controllerThe authority of the Secretary of Transportation to prescribe regulations on commercial motor vehicle safety under section 31136 shall apply to controllers of equipment that is interchanged or intended to be interchanged..
5.Equipment controller responsibilityChapter 59 of title 49, United States Code, is further amended by adding at the end the following:

5911.Equipment inspection, repair, and maintenance
(a)Responsibility of Equipment ControllerNotwithstanding any provision in an equipment interchange agreement to the contrary, an equipment controller shall be responsible and held liable for the systematic inspection, maintenance, and repair of equipment interchanged or intended for interchange. An equipment controller shall inspect, each time prior to offering a motor carrier agent the equipment for interchange, the equipment and provide such maintenance on, and make such repairs to, the equipment to ensure such equipment complies with all applicable Federal Motor Carrier Safety Regulations at all times. At no time shall a motor carrier agent be offered equipment that has not been inspected and repaired as necessary to comply with such regulations.
(b)Reimbursement of motor carrierIn the event that a repair to the equipment interchanged is required while in a motor carrier’s possession in order to comply with the Federal Motor Carrier Safety Regulations, the equipment controller shall promptly reimburse the motor carrier for the actual expenses incurred and time spent by the motor carrier for the necessary repair.
(c)Limitation on liabilityThe equipment controller shall not be liable under subsection (b) if the motor carrier’s negligence or willful misconduct caused the condition requiring repair under subsection (b)..
6.Safety complianceChapter 59 of title 49, United States Code, is further amended by adding at the end the following:

5912.Compliance with safety regulations
(a)Equipment controller liabilityNotwithstanding any provision in an equipment interchange agreement to the contrary, the equipment controller shall be liable for all violations of the Federal Motor Carrier Safety Regulations attributable to the controller’s equipment and shall pay any applicable fines, penalties, and damages resulting from the equipment’s violation of such regulations; except that the equipment controller shall not be liable for violations of such regulations attributable to the controller’s equipment that are proximately caused by the motor carrier’s or motor carrier’s agent’s negligence or willful misconduct.
(b)Motor carrier’s limited liabilityExcept as provided in subsection (a), a motor carrier and any motor carrier agent who receives equipment through interchange shall not be liable for any violation of the Federal Motor Carrier Safety Regulations attributable to that equipment.
(c)Limitation on effectNo record or report of a violation of the Federal Motor Carrier Safety Regulations, whether issued by a Federal, State, or local law enforcement authority, attributable to equipment interchanged shall have any effect on a motor carrier’s overall safety rating or safety status measurement system score, as determined by the Federal Motor Carrier Safety Administration, or on a motor carrier’s agent’s driving record unless such violation was proximately caused by the motor carrier’s or motor carrier’s agent’s negligence or willful misconduct.
(d)Procedure for records correctionsThe Secretary of Transportation shall establish, within 6 months of the date of enactment of this section, an expedited procedure to correct records or reports of violations that should not have impacted a motor carrier or a motor carrier agent under subsection (c)..
7.Authority to inspectChapter 59 of title 49, United States Code, is further amended by adding at the end the following:

5913.Authority to inspect
(a)Entry into FacilityThe Secretary of Transportation is authorized to enter into the facility of an equipment controller to inspect and determine if equipment intended to be interchanged for use on a public highway complies with all applicable Federal Motor Carrier Safety Regulations.
(b)Inspection and audit programThe Secretary shall establish and implement with appropriate staffing an inspection and audit program at facilities of equipment controllers to determine the compliance of equipment intended to be interchanged for use on a public highway with the Federal Motor Carrier Safety Regulations. Inspection of equipment and the equipment’s corresponding maintenance records shall take place no less than once every 3 months.
(c)Out-of-service equipmentEquipment that fails to comply with the Federal Motor Carrier Safety Regulations during the inspection in subsection (b) shall be placed out of service and shall not be used on a public highway until such time as repairs have been completed. Repairs of equipment placed out of service shall be documented in the equipment’s corresponding maintenance records.
(d)FinesThe Secretary may establish fines against equipment controllers for violations of section 5911..
8.Penalties for retaliationChapter 59 of title 49, United States Code, is further amended by adding at the end the following:

5914.Penalties for retaliation
(a)In generalAn equipment controller shall not take any action to threaten, coerce, discipline, discriminate, or otherwise retaliate against a motor carrier or motor carrier agent who requests maintenance or repair of equipment intended for interchange in order to comply with the Federal Motor Carrier Safety Regulations.
(b)Retaliation definedFor purposes of this section, the term retaliation includes failing to provide compliant equipment within 60 minutes from the time an agent for a motor carrier that has been requested to pick up equipment arrives to pick up such equipment.
(c)Civil penaltyAn equipment controller who violates subsection (a) shall be liable to the United States Government for a civil penalty of up to $10,000 for each violation..
9.Delegation of maintenance responsibilityChapter 59 of title 49, United States Code, is further amended by adding at the end the following:

5915.Maintenance responsibilityAn equipment controller is prohibited from delegating its responsibility to systematically maintain and repair equipment intended for interchange to a motor carrier or motor carrier agent in an equipment interchange agreement..
10.Compatibility of State laws
(a)In generalChapter 59 of title 49, United States Code, is further amended by adding at the end the following:

5916.Compatibility of State laws
(a)PreemptionExcept as provided in subsection (b) and unless authorized by another law of the United States, a law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe is preempted if complying with a requirement of the State, political subdivision, or tribe and a requirement of this chapter or a regulation prescribed under this chapter is not possible.
(b)Compatible lawsA law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe shall remain in effect if compatible with this chapter or any regulations prescribed under this chapter but more stringent..
(b)Conforming amendmentThe analysis for such chapter is amended by adding at the end the following:

5910. Jurisdiction over equipment controller
5911. Equipment inspection, repair, and maintenance
5912. Compliance with safety regulations
5913. Authority to inspect
5914. Penalties for retaliation
5915. Maintenance responsibility
5916. Compatibility of State laws.
11.Implementing regulations
(a)Federal regulationsThe Secretary of Transportation, after notice and opportunity for comment, shall issue regulations, as appropriate, implementing the provisions of this Act. The regulations shall be issued as part of the Federal Motor Carrier Safety Regulations. The implementing regulations shall include provisions to—
(1)identify controllers of equipment interchanged or intended for interchange;
(2)match such equipment readily to its controller through a unique identifying number;
(3)ensure that each equipment controller maintains a system of maintenance and repair records;
(4)evaluate equipment controllers’ compliance with the Federal Motor Carrier Safety Regulations;
(5)prohibit equipment controllers who fail to attain satisfactory compliance with such regulations from authorizing the placement of equipment on the public highways;
(6)consider the effect that adequate maintenance facilities may have on the resulting safe condition of equipment;
(7)provide for a process by which motor carriers and agents may anonymously petition the Federal Motor Carrier Safety Administration to undertake an investigation of a noncompliant equipment controller;
(8)establish administrative procedures to resolve disputes arising under this Act, including the amendments made by this Act; and
(9)establish the inspection and audit program 5913(b) of title 49, United States Code.
(b)DeadlinesThe regulations required under subsection (a) shall be developed pursuant to a rulemaking proceeding initiated within 120 days after the date of enactment of this Act and shall be issued not later than one year after such date of enactment. Effective on the date of enactment of this Act, and until such time as final regulations are issued, no motor carrier or motor carrier agent may be issued a citation for violations on equipment interchanged (as defined in section 5901 of title 49, United States Code) to them except by the provisions of this Act.
12.Authorization of appropriationsThere is authorized to be appropriated $7,000,000 for each of fiscal years 2005, 2006, 2007, 2008, and 2009 to the Federal Motor Carrier Safety Administration for the establishment and implementation of the inspection program under section 5913 of title 49, United States Code.
13.Effective dateSections 3, 4, 5, 6, 7, 8, 9, and 10 of this Act shall be effective 30 days after the date of enactment of this Act.


115 HR 5022 IH: Voluntary Public Access Improvement Act of 2018
U.S. House of Representatives
2018-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 5022IN THE HOUSE OF REPRESENTATIVESFebruary 14, 2018Mr. Marshall (for himself, Mr. Thompson of Pennsylvania, Mrs. Bustos, and Mrs. Dingell) introduced the following bill; which was referred to the Committee on AgricultureA BILLTo amend the Food Security Act of 1985 to authorize funding for the voluntary public access and
			 habitat incentive program.

 1.Short titleThis Act may be cited as the Voluntary Public Access Improvement Act of 2018. 2.Voluntary public access and habitat incentive programSection 1240R(f)(1) of the Food Security Act of 1985 (16 U.S.C. 3839bb–5(f)(1)) is amended—
 (1)by striking practicable, $50,000,000 and inserting the following: “practicable—  (A)$50,000,000;
 (2)in subparagraph (A) (as so designated), by striking 2012 and $40,000,000 and inserting the following: “2012;  (B)$40,000,000; and
 (3)in subparagraph (B) (as so designated), by striking the period at the end and inserting the following: “; and

 (C)$150,000,000 for the period of fiscal years 2019 through 2023..


110 HR 6809 IH: To award grants to assist public schools with the rising

U.S. House of Representatives
2008-08-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 6809
		IN THE HOUSE OF REPRESENTATIVES

			August 1, 2008
			Mr. Hodes introduced
			 the following bill; which was referred to the
			 Committee on Education and
			 Labor

		A BILL
		To award grants to assist public schools with the rising
		  costs of fuel for school buses and energy for school
		  buildings.

		1.Short titleThis Act may be cited as the Energy
			 for Schools Act.
		2.Grants to State
			 educational agencies
			(a)Grants to State
			 educational agenciesFrom the
			 amounts appropriated under section 8, the Secretary of Education shall award
			 grants to State educational agencies for the purpose of awarding subgrants to
			 local educational agencies to assist public schools with the increased costs of
			 fuel for school buses and energy for public school buildings in accordance with
			 sections 5 and 6.
			(b)Grant
			 ApplicationTo receive a grant under subsection (a), a State
			 educational agency shall submit an application to the Secretary in such form,
			 manner, and containing such information as the Secretary may require.
			3.Subgrants to
			 Local Educational agencies
			(a)Subgrants to
			 local educational agencies
				(1)In
			 generalA State educational agency that receives a grant under
			 section 2 shall award subgrants to local educational agencies to assist public
			 schools with the increased costs of fuel for school buses and energy for public
			 school buildings in accordance with sections 5 and 6.
				(2)Administrative
			 CostsA State educational agency that receives a grant under
			 section 2 shall use not more than 5 percent of such grant for the
			 administrative costs of carrying out the subgrant program.
				(b)Subgrant
			 ApplicationTo receive a
			 subgrant under subsection (a), a local educational agency shall submit an
			 application to the State educational agency serving such local educational
			 agency in such form, manner, and containing such information as such State
			 educational agency may require.
			4.Grants to Local
			 educational agencies
			(a)Grants to local
			 educational agenciesFrom the
			 amounts appropriated under section 8, the Secretary shall award grants to local
			 educational agencies that did not receive a subgrant under section 3 to assist
			 public schools with the increased costs of fuel for school buses and energy for
			 public school buildings in accordance with sections 5 and 6.
			(b)ApplicationTo
			 receive a grant under subsection (a), a local educational agency shall submit
			 an application to the Secretary in such form, manner, and containing such
			 information as the Secretary may require.
			5.Uses of
			 fundsA local educational
			 agency that receives a subgrant under section 3 or a grant under section 4,
			 shall use such funds to assist public schools within the jurisdiction of such
			 local educational agency—
			(1)to pay for the
			 increase in the cost of fuel for school buses that serve such public schools;
			 and
			(2)to
			 pay for the increase in the cost of energy to heat, to cool, or to provide
			 electricity to the buildings of such public schools.
			6.Distribution of
			 fundsTo the extent
			 practicable, a local educational agency that receives a subgrant under section
			 3 or a grant under section 4 shall distribute the funds allotted to cover the
			 increase in the cost of fuel for school buses to the public schools within the
			 jurisdiction of such local educational agency proportionally, based on such
			 local educational agency’s estimate of the total miles traveled by school buses
			 that serve such public schools.
		7.RegulationsThe Secretary is authorized to prescribed
			 regulations necessary to implement this Act.
		8.Authorization of
			 AppropriationsThere are
			 authorized to be appropriated such sums as may be necessary to carry out this
			 Act.
		9.DefinitionsIn this Act:
			(1)In
			 generalThe terms local educational agency and
			 State educational agency have the meanings given the terms in
			 section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
			 7801).
			(2)Increase in the
			 cost of fuel for school busesThe phrase increase in the
			 cost of fuel for school buses means the amount of increase in the cost
			 of fuel for school buses from the date one calendar year prior to the date of
			 the enactment of this Act to the date of the enactment of this Act.
			(3)Increase in the
			 cost of energyThe phrase
			 increase in the cost of energy means the amount of increase in
			 energy prices from the date one calendar year prior to the date of the
			 enactment of this Act to the date of the enactment of this Act.
			(4)Public
			 schoolThe term public
			 school has the meaning given the term in section 5145 of the Elementary
			 and Secondary Education Act of 1965 (20 U.S.C. 7217d).
			(5)School
			 busThe term school bus means a bus or any other
			 vehicle used to transport students to and from their homes to school, or to and
			 from school-related activities and events.
			(6)SecretaryThe
			 term Secretary means Secretary of Education.


115 HR 6704 IH: To permanently rescind unobligated amounts in the United States Enrichment Corporation Fund.
U.S. House of Representatives
2018-09-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6704IN THE HOUSE OF REPRESENTATIVESSeptember 5, 2018Mr. Palmer introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo permanently rescind unobligated amounts in the United States Enrichment Corporation Fund.

 1.RescissionAll unobligated amounts in the United States Enrichment Corporation Fund are permanently rescinded.