113 HR 328 RH: Excess Federal Building and Property Disposal Act of 2013
U.S. House of Representatives
2013-01-22
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.

IB
Union Calendar No. 562
113th CONGRESS 2d Session
H. R. 328
[Report No. 113–731, Part I]
IN THE HOUSE OF REPRESENTATIVES

January 22, 2013
Mr. Chaffetz (for himself and Mr. Quigley) introduced the following bill; which was referred to the Committee on Oversight and Government Reform

January 2, 2015
Additional sponsors: Mr. Cicilline and Mr. Langevin

January 2, 2015
Reported from the Committee on Oversight and Government Reform and referred to the Committee on Transportation and Infrastructure for a period ending not later than January 2, 2015, for consideration of such provisions of the bill as fall within the jurisdiction of that committee pursuant to clause 1(r) of rule X

January 2, 2015
The Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL
To establish a pilot program for the expedited disposal of Federal real property.

1.Short titleThis Act may be cited as the Excess Federal Building and Property Disposal Act of 2013.
2.Federal real property disposal pilot program
(a)In generalChapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following new subchapter:

VIIExpedited disposal of real property
621.Federal real property disposal pilot program
(a)In generalThe Administrator of General Services (in this subchapter referred to as the Administrator), in consultation with the Director of the Office of Management and Budget (in this subchapter referred to as the Director), shall conduct a pilot program to be known as the Federal Real Property Disposal Pilot Program, under which the Administrator, in consultation with the Director, shall determine which 15 Federal Government real properties that are excess or surplus and have the highest fair market value and the greatest potential to sell and shall dispose of such properties in accordance with this subchapter and through an expedited disposal of real property.
(b)DisposalDuring the five-year period beginning on the date of the enactment of the Excess Federal Building and Property Disposal Act of 2013, the Administrator, in consultation with the Director, shall dispose of real property under the Federal Real Property Disposal Pilot Program through a public auction.
(c)Adding properties to the pilot programNot later than 15 days after a property is disposed of under subsection (b), the Administrator, in consultation with the Director, shall designate an additional property, in accordance with subsection (a), to be disposed of under the Federal Real Property Disposal Pilot Program.
(d)ExceptionsThe Administrator shall not include for purposes of the Federal Real Property Pilot Program any of the following types of property:
(1)A parcel of real property, building, or other structure located on such real property that is to be closed or realigned under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note).
(2)Properties that are excluded for reasons of national security by the Director of the Office of Management and Budget.
(3)Indian and Native Eskimo properties including—
(A)any property within the limits of any Indian reservation to which the United States owns title; and
(B)any property title which is held in trust by the United States for the benefit of any Indian tribe or individual or held by an Indian tribe or individual subject to restriction by the United States against alienation.
(4)Properties operated and maintained by the Tennessee Valley Authority pursuant to the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.).
(5)Postal properties owned by the United States Postal Service.
(6)Properties used in connection with river, harbor, flood control, reclamation, or power projects.
(7)Properties that the Administrator has determined are suitable for assignment to the Secretary of the Interior for transfer to a State, a political subdivision or instrumentality of a State, or a municipality for use as a public park or recreation area under section 550(e) of this title. In making such determination, the Administrator may consider the appraised value of the property and the highest and best use.
(8)Properties used, as of the date of the enactment of this subchapter, in connection with Federal programs for recreational and conservation purposes, including research for such programs.
(e)GAO reportNot later than 24 months after the date of the enactment of this subchapter, the Comptroller General of the United States shall submit to Congress and make publicly available a study of the effectiveness of the Federal Real Property Pilot Program.
(f)TerminationThe Federal Real Property Disposal Pilot Program shall terminate on the date that is five years after the date of the enactment of the Excess Federal Building and Property Disposal Act of 2013.
622.Selection of real propertiesThe head of each executive agency shall recommend properties to the Director for disposal under the Federal Real Property Pilot Program. The Director, in consultation with the Administrator, shall then select properties for disposal under the pilot program and notify the recommending executive agency accordingly.
623.Expedited disposal requirements
(a)Expedited disposal of real property definedFor purposes of this subchapter, an expedited disposal of real property is the sale of real property for cash that is conducted pursuant to the requirements of section 545(a) of this title.
(b)Fair market value requirementReal property sold under the Federal Real Property Pilot Program may not be sold at less than the fair market value as determined by the Administrator, in consultation with the Director. Costs associated with disposal may not exceed the fair market value of the property unless the Director approves incurring such costs.
(c)Monetary proceeds requirementReal property shall be sold under the Federal Real Property Pilot Program only if the property will generate monetary proceeds to the Federal Government, as provided in subsection (b). A disposal of real property under the Federal Real Property Pilot Program may not include any exchange, trade, transfer, acquisition of like-kind property, or other non-cash transaction as part of the disposal.
(d)Rule of constructionNothing in this subchapter shall be construed as terminating or in any way limiting authorities that are otherwise available to agencies under other provisions of law to dispose of Federal real property, except as provided in subsection (e).
(e)Exemption from certain requirementsAny expedited disposal of a real property conducted under this subchapter shall not be subject to—
(1)subchapter IV of this chapter;
(2)sections 550 and 553 of this title;
(3)section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411);
(4)any other provision of law authorizing the no-cost conveyance of real property owned by the Federal Government; or
(5)any congressional notification requirement other than that in section 545 of this title.
624.Special rules for deposit and use of proceeds from expedited disposalsThe proceeds from an expedited disposal of real property under this subchapter shall be deposited into the General Fund of the Treasury. Two percent of such proceeds is authorized to be appropriated until expended to fund the grant program under section 625.
625.Homeless assistance grants
(a)Grant authorityTo the extent amounts are made available pursuant to section 624 for use under this section, the Secretary of Housing and Urban Development shall make grants to eligible private nonprofit organizations under subsection (b) to purchase property suitable for use to assist the homeless as provided in subsection (c).
(b)Eligible granteesTo be eligible to receive a grant under subsection (a), a private nonprofit organization shall be a representative of the homeless, as such term is defined in section 501(i)(4) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411(i)(4)).
(c)Use of properties for housing or shelter for the homeless
(1)Eligible usesA nonprofit organization that receives a grant under subsection (a) shall use the amounts received under such grant only to acquire or rehabilitate real property for use to provide permanent housing (as such term is defined in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360)), transitional housing (as such term is defined in such section 401), or temporary shelter, for persons who are homeless.
(2)Term of useThe Secretary of Housing and Urban Development may not make a grant under subsection (a) to a private nonprofit organization unless the organization provides the Secretary with such assurances as the Secretary determines necessary to ensure that any property acquired or rehabilitated using the amounts received under such grant is used only as provided in paragraph (1) of this subsection for a period of not fewer than 15 years.
(d)PreferenceIn awarding grants under subsection (a), the Secretary of Housing and Urban Development shall give preference for such grants to private nonprofit organizations that operate within areas in which Federal real property is being sold under the Federal Real Property Disposal Pilot Program under this subchapter.
(e)Nonprofit organizationFor purposes of this section, the following definitions shall apply:
(1)HomelessThe term homeless has the meaning given such term in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)), except that subsection (c) of such section shall not apply for purposes of this section.
(2)Private nonprofit organizationThe term private nonprofit organization has the meaning given such term in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360).
(f)RegulationsThe Secretary of Housing and Urban Development may issue any regulations necessary to carry out this section. .
(b)Clerical amendmentThe table of sections at the beginning of chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the item relating to section 611 the following:

Subchapter VII—Expedited disposal of real property
621. Federal real property disposal pilot program.
622. Selection of real properties.
623. Expedited disposal requirements.
624. Special rules for deposit and use of proceeds from expedited disposals.
625. Homeless assistance grants.  .
3.Duties of the General Services Administration and executive agencies
(a)In generalSection 524 of title 40, United States Code, is amended to read as follows:

524.Duties of the General Services Administration and executive agencies
(a)Duties of the General Services Administration
(1)GuidanceNot later than 6 months after the date of the enactment of this section, and when necessary thereafter, the Administrator of General Services shall issue guidance for the development and implementation of executive agency real property plans. Such guidance shall include recommendations on—
(A)how to identify excess properties;
(B)how to evaluate the costs and benefits associated with disposing of real property;
(C)how to prioritize disposal decisions based on agency missions and anticipated future need for holdings; and
(D)how best to dispose of those properties identified as excess to meet the needs of the agency.
(2)AssistanceThe Administrator shall assist executive agencies in the identification and disposal of excess real property.
(b)Duties of executive agencies
(1)In generalEach executive agency shall—
(A)maintain adequate inventory controls and accountability systems for property under its control;
(B)continuously survey property under its control to identify excess property;
(C)promptly report excess property to the Administrator;
(D)perform the care and handling of excess property; and
(E)transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator.
(2)Specific requirements with respect to real propertyWith respect to real property, each executive agency shall—
(A)develop and implement a real property plan in order to identify properties to declare as excess using the guidance issued under subsection (a)(1);
(B)identify and categorize all real property owned, leased, or otherwise managed by the agency;
(C)establish adequate goals and incentives to reduce excess real property in such agency’s inventory; and
(D)when appropriate, use the authorities in section 572(a)(2)(B) of this title in order to identify and prepare real property to be reported as excess.
(3)Additional requirementsEach executive agency, as far as practicable, shall—
(A)reassign property to another activity within the agency when the property is no longer required for the purposes of the appropriation used to make the purchase;
(B)transfer excess property under its control to other Federal agencies and to organizations specified in section 321(c)(2) of this title; and
(C)obtain excess properties from other Federal agencies to meet mission needs before acquiring non-Federal property. .
(b)Clerical amendmentThe item relating to section 524 in the table of sections at the beginning of chapter 5 of such title is amended to read as follows:

524. Duties of the General Services Administration and executive agencies.  .
(c)GSA report
(1)In generalNot later than three years after the date of the enactment of this Act, the Administrator of General Services shall submit a report to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the implementation of section 524, as amended by subsection (a), and each of the following:
(A)The efforts of each executive agency to reduce such agency’s real property assets, based on data submitted from such agency.
(B)For each excess and surplus real property facility/installation disposed of, an indication of—
(i)the date and method of disposal;
(ii)the proceeds obtained from the disposition of such property;
(iii)the amount of time required to fully dispose of excess and surplus real property under the custody and control of all executive agencies; and
(iv)the cost to dispose of surplus and excess real property under the custody and control of all executive agencies.
(2)DefinitionsThe terms excess property, executive agency, and surplus property have the meanings given those terms in section 102 of title 40, United States Code.
4.Enhanced authorities with regard to preparing properties to be reported as excessSection 572(a)(2) of title 40, United States Code, is amended—
(1)by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(2)by inserting after subparagraph (A) the following new subparagraph:

(B)Additional authority
(i)From the fund described in paragraph (1), subject to clause (iv) of this subparagraph, the Administrator may obligate an amount to pay the direct and indirect costs related to identifying and preparing properties to be reported excess by another agency.
(ii)The General Services Administration shall be reimbursed from the proceeds of the sale of such properties for such costs.
(iii)Net proceeds shall be dispersed pursuant to section 571 of this title.
(iv)The authority under clause (i) to obligate funds to prepare properties to be reported excess does not include the authority to convey such properties by use, sale, lease, exchange, or otherwise, including through leaseback arrangements or service agreements.
(v)Nothing in this subparagraph is intended to affect subparagraph (D). .
5.Enhanced authorities with regard to reverted real property
(a)Authority To pay expenses related to reverted real propertySection 572(a)(2)(A) of title 40, United States Code, is amended by adding at the end the following:

(iv)The direct and indirect costs associated with the reversion, custody, and disposal of reverted real property. .
(b)Requirements related to sales of reverted property under section 550Section 550(b)(1) of title 40, United States Code, is amended—
(1)by inserting (A) after (1) In general.—; and
(2)by adding at the end the following: “If the official, in consultation with the Administrator, recommends reversion of the property, the Administrator shall take control of such property, and, subject to subparagraph (B), sell it at or above appraised fair market value for cash and not by lease, exchange, leaseback arrangements, or service agreements.

(B)Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 553 and 554 of this title. .
(c)Requirements related to sales of reverted property under section 553Section 553(e) of title 40, United States Code, is amended—
(1)by inserting (1) after This Section.—; and
(2)by adding at the end the following:
 If the Administrator determines that reversion of the property is necessary to enforce compliance with the terms of the conveyance, the Administrator shall take control of such property and, subject to paragraph (2), sell it at or above appraised fair market value for cash and not by lease, exchange, leaseback arrangements, or service agreements.
(2)Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 550 and 554 of this title. .
6.Agency retention of proceedsThe text of section 571 of title 40, United States Code, is amended to read as follows:

(a)Proceeds from transfer or sale of real property
(1)Deposit of net proceedsNet proceeds described in subsection (d) shall be deposited into the appropriate real property account of the agency that had custody and accountability for the real property at the time the real property is determined to be excess.
(2)Expenditure of net proceedsThe net proceeds deposited pursuant to paragraph (1) may only be expended as authorized in annual appropriations Acts, for activities described in sections 543 and 545 of this title, including paying costs incurred by the General Services Administration for any disposal-related activity authorized by this title.
(3)Deficit reductionAny net proceeds described in subsection (d) from the sale, lease, or other disposition of surplus real property that are not expended under paragraph (2) shall be used for deficit reduction.
(b)Effect on other sectionsNothing in this section is intended to affect section 572(b), 573, or 574 of this title.
(c)Disposal agency for reverted propertyFor the purposes of this section, for any real property that reverts to the United States under sections 550 and 553 of this title, the General Services Administration, as the disposal agency, shall be treated as the agency with custody and accountability for the real property at the time the real property is determined to be excess.
(d)Net proceedsThe net proceeds described in this subsection are proceeds under this chapter, less expenses of the transfer or disposition as provided in section 572(a) of this title, from a—
(1)transfer of excess real property to a Federal agency for agency use; or
(2)sale, lease, or other disposition of surplus real property.
(e)Proceeds from transfer or sale of personal property
(1)In generalExcept as otherwise provided in this subchapter, proceeds described in paragraph (2) shall be deposited in the Treasury as miscellaneous receipts.
(2)ProceedsThe proceeds described in this paragraph are proceeds under this chapter from—
(A)a transfer of excess personal property to a Federal agency for agency use; or
(B)a sale, lease, or other disposition of surplus personal property.
(3)Payment of expenses of sale before depositSubject to regulations under this subtitle, the expenses of the sale of personal property may be paid from the proceeds of sale so that only the net proceeds are deposited in the Treasury. This paragraph applies whether proceeds are deposited as miscellaneous receipts or to the credit of an appropriation as authorized by law. .
7.Federal real property database
(a)In generalSubchapter II of chapter 5 of title 40, United States Code, is amended by adding at the end the following new section:

530.Federal real property database
(a)Database requiredNot later than one year after the date of the enactment of this section, the Administrator of General Services shall publish a single, comprehensive, and descriptive database of all Federal real property under the custody and control of all executive agencies, other than Federal real property excluded for reasons of national security, in accordance with subsection (b).
(b)Required information for databaseThe Administrator shall collect from the head of each executive agency descriptive information, except for classified information, of the nature, use, and extent of the Federal real property of each such agency, including the following:
(1)The geographic location of each Federal real property of each such agency, including the address and description for each such property.
(2)The total size of each Federal real property of each such agency, including square footage and acreage of each such property.
(3)The relevance of each Federal real property to the agency’s mission.
(4)The level of use of each Federal real property for each such agency, including whether such property is excess, surplus, underutilized, or unutilized.
(5)The number of days each Federal real property is designated as excess, surplus, underutilized, or unutilized.
(6)The annual operating costs of each Federal real property.
(7)The replacement value of each Federal real property.
(c)Access to database
(1)Federal agenciesThe Administrator shall, in consultation with the Director of the Office of Management and Budget, make the database established and maintained under this section available to other Federal agencies.
(2)Public accessTo the extent consistent with national security, the database shall be accessible by the public at no cost through the Web site of the General Services Administration.
(d)Transparency of databaseTo the extent practicable, the Administrator shall ensure that the database—
(1)uses an open, machine-readable format;
(2)permits users to search and sort Federal real property data; and
(3)includes a means to download a large amount of Federal real property data and a selection of such data retrieved using a search.
(e)ApplicabilityNothing in this section may be construed to require an agency to make available to the public information that is exempt from disclosure pursuant to section 552(b) of title 5. .
(b)Clerical amendmentThe table of sections at the beginning of chapter 5 of title 40, United States Code, is amended by inserting after the item relating to section 529 the following new item:

530. Federal real property database.  .
8.Sustainable disposal of property
(a)In generalSubchapter III of chapter 5 of title 40, United States Code, is amended by adding at the end the following new section:

560.Sustainable disposal of propertyThe head of each Federal agency shall divert at least 50 percent of construction and demolition materials and debris by the end of fiscal year 2015. .
(b)Clerical amendmentThe table of sections at the beginning of chapter 5 of title 40, United States Code, is amended by inserting after the item relating to section 559 the following new item:

560. Sustainable disposal of property.  .
9.Streamlining the Mckinney-Vento Homeless Assistance ActSection 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411) is amended—
(1)in subsection (a), by adding at the end the following new sentence: Agencies shall not be required to submit information to the Secretary regarding properties located in an area for which the general public is denied access in the interest of national security.;
(2)in subsection (c)(1)(A), by striking in the Federal Register and inserting the following: on the Web site of the Department of Housing and Urban Development or the General Services Administration; and
(3)in subsection (d)(3), by adding at the end the following new sentence: If no such review of the determination is requested within the 20-day period, such property will not be included in subsequent publications unless the landholding agency reclassifies the property as available and the Secretary subsequently determines the property is suitable..

January 2, 2015
Reported from the Committee on Oversight and Government Reform and referred to the Committee on Transportation and Infrastructure for a period ending not later than January 2, 2015, for consideration of such provisions of the bill as fall within the jurisdiction of that committee pursuant to clause 1(r) of rule X
January 2, 2015
The Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed


114 HR 4557 : Blocking Regulatory Interference from Closing Kilns Act of 2016
U.S. House of Representatives
2016-03-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		114th CONGRESS
		2d Session
		H. R. 4557
		IN THE SENATE OF THE UNITED STATES
		March 7, 2016Received; read twice and referred to the Committee on Environment and Public WorksAN ACT
		To allow for judicial review of any final rule addressing national emission standards for hazardous
			 air pollutants for brick and structural clay products or for clay ceramics
			 manufacturing before requiring compliance with such rule.

 1.Short titleThis Act may be cited as the Blocking Regulatory Interference from Closing Kilns Act of 2016. 2.Extending compliance dates (pending judicial review) of rules addressing national emission standards for hazardous air pollutants for brick and structural clay products manufacturing or clay ceramics manufacturing (a)Extension of compliance dates (1)ExtensionEach compliance date of any final rule described in subsection (b) is deemed to be extended by the time period equal to the time period described in subsection (c).
 (2)DefinitionIn this subsection, the term compliance date means, with respect to any requirement of a final rule described in subsection (b), the date by which any State, local, or tribal government or other person is first required to comply.
 (b)Final rules describedA final rule described in this subsection is any final rule to address national emission standards for hazardous air pollutants (NESHAP) for brick and structural clay products manufacturing or clay ceramics manufacturing under section 112 of the Clean Air Act (42 U.S.C. 7412), including—
 (1)the final rule entitled NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics Manufacturing published at 80 Fed. Reg. 65469 (October 26, 2015);
 (2)the final rule entitled NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics Manufacturing: Correction published at 80 Fed. Reg. 75817 (December 4, 2015); and
 (3)any final rule that succeeds or amends the rule described in paragraph (1) or (2). (c)Period describedThe time period described in this subsection is the period of days that—
 (1)begins on the date that is 60 days after the day on which notice of promulgation of a final rule described in subsection (b) appears in the Federal Register; and
 (2)ends on the date on which judgment becomes final, and no longer subject to further appeal or review, in all actions (including actions that are filed pursuant to section 307 of the Clean Air Act (42 U.S.C. 7607))—
 (A)that are filed during the 60 days described in paragraph (1); and (B)that seek review of any aspect of such rule.

	Passed the House of Representatives March 3, 2016.Karen L. Haas,Clerk


116 HR 2221 IH: Fry Scholarship Improvement Act of 2019
U.S. House of Representatives
2019-04-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
116th CONGRESS1st Session
H. R. 2221
IN THE HOUSE OF REPRESENTATIVES

April 10, 2019
Mr. Bilirakis (for himself and Mr. Levin of California) introduced the following bill; which was referred to the Committee on Veterans' Affairs

A BILL
To amend title 38, United States Code, to expand eligibility for the Marine Gunnery Sergeant John David Fry Scholarship to children and spouses of certain deceased members of the Armed Forces, and for other purposes.

1.Short titleThis Act may be cited as the Fry Scholarship Improvement Act of 2019. 2.Expansion of eligibility for Fry Scholarship to children and spouses of certain deceased members of the Armed Forces (a)In generalSubsection (b) of section 3311 of title 38, United States Code, is amended—
(1)by redesignating paragraph (10) as paragraph (12); and (2)by inserting after paragraph (9) the following new paragraphs (10) and (11):

(10)An individual who is the child or spouse of a person who, on or after September 11, 2001, dies in line of duty while serving on duty other than active duty as a member of the Armed Forces. (11)An individual who is the child or spouse of a member of the Selected Reserve who dies on or after September 11, 2001—
(A)from a service-connected disability; and (B)not later than four years after the date of the last discharge or release of that member from active duty or active duty for training..
(b)Applicability dateThe amendments made by subsection (a) apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2020. (c)Conforming amendments (1)Subsection (f) of such section is amended by striking paragraph (9) each place it appears and inserting paragraphs (9), (10), and (11).
(2)Section 3322 of such title is amended— (A)in subsection (e), by striking both sections 3311(b)(9) and 3319 and inserting section 3319 and paragraph (9), (10), or (11) of section 3311 of this title;
(B)in subsection (f), by striking section 3311(b)(9) and inserting paragraph (9), (10), or (11) of section 3311 of this title; and (C)in subsection (h)(2), by striking either section 3311(b)(9) or chapter 35 and inserting either chapter 35 or paragraph (9), (10), or (11) of section 3311.


109 HR 5763 IH: George Washington Memorial Parkway

U.S. House of Representatives
2006-07-11
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. 5763
		IN THE HOUSE OF REPRESENTATIVES

			July 11, 2006
			Mr. Wolf introduced
			 the following bill; which was referred to the
			 Committee on Resources,
			 and in addition to the Committee on Transportation and Infrastructure, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To authorize the exchange, between the Secretary of the
		  Interior and the Secretary of Transportation, of administrative jurisdiction of
		  Federal land at the George Washington Memorial Parkway in McLean, Virginia, and
		  for other purposes.

		1.Short titleThis Act may be cited as the
			 George Washington Memorial Parkway
			 Boundary Revision Act.
		2.Findings and
			 purpose
			(a)FindingsCongress
			 finds the following:
				(1)The Federal Highway Administration’s
			 Turner-Fairbank Highway Research Center is adjacent to the George Washington
			 Memorial Parkway and national park lands associated with the parkway that are
			 owned by the United States.
				(2)Therefore, a new
			 access road was constructed to allow unrestricted access to the Farm’s
			 administrative and maintenance area and to support the Research Center’s
			 security measures.
				(3)The heightened
			 security at the Research Center and at the Central Intelligence Agency, which
			 is in immediate proximity to the Research Center, put new restrictions on
			 unauthorized entry onto controlled property that affects employees, visitors,
			 volunteers, and others seeking access to the administrative and maintenance
			 area of the Claude Moore Colonial Farm.
				(4)The Federal Highway
			 Administration and the National Park Service have each selected a parcel of
			 adjacent land to be transferred related to the new access road to the Farm and
			 to provide for a visible buffer outside the perimeter fence of the Research
			 Center for needed security.
				(5)The National Park
			 Service has placed use restrictions on another parcel of land for the benefit
			 of the Research Center.
				(6)The Federal
			 Highway Administration and the National Park Service have signed an agreement
			 to effect the transfer of administrative jurisdiction of the land and the use
			 restriction between the George Washington Memorial Parkway and the Research
			 Center.
				(b)PurposeThe
			 purpose of this Act is to authorize, direct, facilitate, and expedite the
			 transfer of administrative jurisdiction of certain Federal land in accordance
			 with the terms and conditions of this Act.
			3.DefinitionsFor the purposes of this Act, the following
			 definitions apply:
			(1)AgreementThe term Agreement means the
			 agreement titled Agreement Between the National Park Service and the
			 Federal Highway Administration-Turner Fairbanks Research Center dated
			 September 11, 2002.
			(2)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(3)Research
			 centerThe term Research Center means the Federal
			 Highway Administration’s Turner-Fairbank Highway Research Center.
			(4)FarmThe
			 term Farm means the Claude Moore Colonial Farm.
			(5)MapThe
			 term Map means the map titled, GWMP - Claude Moore Proposed
			 Boundary Adjustment, numbered 850,82003, and dated April 2004, which
			 the Secretary shall make available for public inspection in the appropriate
			 offices of the National Park Service.
			4.Administrative
			 jurisdiction transfer
			(a)Transfer of
			 jurisdictionThe Secretary and the Secretary of Transportation
			 are authorized to exchange administrative jurisdiction over the approximately
			 0.342 acre of land under the jurisdiction of the Department of the Interior
			 within the boundary of the George Washington Memorial Parkway, generally
			 depicted as B on the Map, and the approximately 0.479 acres of
			 land under the jurisdiction of the Department of Transportation within the
			 boundary of the Research Center and adjacent to the boundary of the George
			 Washington Memorial Parkway, generally depicted as A on the
			 Map.
			(b)Use
			 restrictionThe Secretary shall restrict the use of 0.139 acre of
			 land within the boundary of the George Washington Memorial Parkway immediately
			 adjacent to part of the north perimeter fence of the Research Center, generally
			 depicted as C on the Map, by prohibiting the storage,
			 construction, or installation of any item that may obstruct the view from the
			 Research Center into the George Washington Memorial Parkway.
			(c)Reimbursement or
			 considerationThe transfer of administrative jurisdiction under
			 subsection (a) shall occur without reimbursement or consideration.
			(d)Compliance with
			 agreement
				(1)In
			 generalThe National Park Service and the Federal Highway
			 Administration shall comply with all terms and conditions of the Agreement
			 regarding the transfer of administrative jurisdiction, management, and
			 maintenance of the lands discussed in the Agreement.
				(2)Access to
			 restricted landThe Secretary shall allow the Research Center
			 access to the land restricted by the Secretary under subsection (b) for the
			 purpose of complying with the Research Center’s responsibilities under the
			 Agreement referenced in paragraph (1). All such responsibilities shall be
			 carried out in compliance with the Agreement, including the provisions that the
			 Research Center may take the following actions on the land only after receiving
			 written approval for such activity from the Secretary:
					(A)Pruning or removal
			 of any tree 6 inches or more in diameter.
					(B)Application or use
			 of any pesticide.
					5.Management of
			 transferred lands
			(a)Interior
			 landThe land administrative
			 jurisdiction over which is transferred to the Secretary under section 4(a)
			 shall be included in the boundaries of the George Washington Memorial Parkway
			 and shall be administered by the National Park Service as part of the parkway
			 subject to applicable laws and regulations.
			(b)Transportation
			 landThe land administrative jurisdiction over which is
			 transferred to the Secretary of Transportation under section 4(a) shall be
			 included in the boundary of the Research Center.
			(c)Restricted-use
			 landThe land the Secretary has designated for restricted use
			 under section 4(b) shall be maintained by the Research Center.


 HCON 21 ENR: John D. Dingell, Jr. Conservation, Management, and Recreation Act
U.S. House of Representatives
2019-02-27
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.

IV
One Hundred Sixteenth Congress of the United States of America
At the First SessionBegun and held at the City of Washington on Thursday, the third day of January, two thousand and nineteen
H. CON. RES. 21

February 27, 2019
Agreed to

CONCURRENT RESOLUTION
Directing the Secretary of the Senate to make a correction in the enrollment of the bill S. 47.

That in the enrollment of the bill S. 47, the Secretary of the Senate shall make the following corrections:  (1)Strike subsection (a) of section 1 and insert the following: (a) Short title.—This Act may be cited as the John D. Dingell, Jr. Conservation, Management, and Recreation Act..
(2)Strike the header of section 9003 and insert John S. McCain III 21st Century Conservation Service Corps Act (and conform the table of sections accordingly).   Clerk of the House of Representatives.Secretary of the Senate.


		II

		Calendar No. 13

		109th CONGRESS

		1st Session

		S. 249

		[Report No. 109-6]

		IN THE SENATE OF THE UNITED STATES

			February 1, 2005

			Mr. Reid (for himself,

			 Mr. Ensign, Mr.

			 Bennett, and Mr. Hatch)

			 introduced the following bill; which was read twice and referred to the

			 Committee on Energy and Natural

			 Resources

			February 16, 2005

			Reported by Mr.

			 Domenici, without amendment

		A BILL

		To establish the Great Basin National Heritage Route in

		  the States of Nevada and Utah.

		1.Short titleThis Act may be cited as the

			 Great Basin National Heritage Route

			 Act.

		2.Findings and

			 purposes

			(a)FindingsCongress

			 finds that—

				(1)the natural,

			 cultural, and historic heritage of the North American Great Basin is nationally

			 significant;

				(2)communities along

			 the Great Basin Heritage Route (including the towns of Delta, Utah, Ely,

			 Nevada, and the surrounding communities) are located in a classic western

			 landscape that contains long natural vistas, isolated high desert valleys,

			 mountain ranges, ranches, mines, historic railroads, archaeological sites, and

			 tribal communities;

				(3)the Native

			 American, pioneer, ranching, mining, timber, and railroad heritages associated

			 with the Great Basin Heritage Route include the social history and living

			 cultural traditions of a rich diversity of nationalities;

				(4)the pioneer,

			 Mormon, and other religious settlements, and ranching, timber, and mining

			 activities of the region played and continue to play a significant role in the

			 development of the United States, shaped by—

					(A)the unique

			 geography of the Great Basin;

					(B)an influx of

			 people of Greek, Chinese, Basque, Serb, Croat, Italian, and Hispanic descent;

			 and

					(C)a Native American

			 presence (Western Shoshone, Northern and Southern Paiute, and Goshute) that

			 continues in the Great Basin today;

					(5)the Great Basin

			 housed internment camps for Japanese-American citizens during World War II, 1

			 of which, Topaz, was located along the Heritage Route;

				(6)the pioneer

			 heritage of the Heritage Route includes the Pony Express route and stations,

			 the Overland Stage, and many examples of 19th century exploration of the

			 western United States;

				(7)the Native

			 American heritage of the Heritage Route dates back thousands of years and

			 includes—

					(A)archaeological

			 sites;

					(B)petroglyphs and

			 pictographs;

					(C)the westernmost

			 village of the Fremont culture; and

					(D)communities of

			 Western Shoshone, Paiute, and Goshute tribes;

					(8)the Heritage

			 Route contains multiple biologically diverse ecological communities that are

			 home to exceptional species such as—

					(A)bristlecone

			 pines, the oldest living trees in the world;

					(B)wildlife adapted

			 to harsh desert conditions;

					(C)unique plant

			 communities, lakes, and streams; and

					(D)native Bonneville

			 cutthroat trout;

					(9)the air and water

			 quality of the Heritage Route is among the best in the United States, and the

			 clear air permits outstanding viewing of the night skies;

				(10)the Heritage

			 Route includes unique and outstanding geologic features such as numerous

			 limestone caves, classic basin and range topography with playa lakes, alluvial

			 fans, volcanics, cold and hot springs, and recognizable features of ancient

			 Lake Bonneville;

				(11)the Heritage

			 Route includes an unusual variety of open space and recreational and

			 educational opportunities because of the great quantity of ranching activity

			 and public land (including city, county, and State parks, national forests,

			 Bureau of Land Management land, and a national park);

				(12)there are

			 significant archaeological, historical, cultural, natural, scenic, and

			 recreational resources in the Great Basin to merit the involvement of the

			 Federal Government in the development, in cooperation with the Great Basin

			 Heritage Route Partnership and other local and governmental entities, of

			 programs and projects to—

					(A)adequately

			 conserve, protect, and interpret the heritage of the Great Basin for present

			 and future generations; and

					(B)provide

			 opportunities in the Great Basin for education; and

					(13)the Great Basin

			 Heritage Route Partnership shall serve as the management entity for a Heritage

			 Route established in the Great Basin.

				(b)PurposesThe

			 purposes of this Act are—

				(1)to foster a close

			 working relationship with all levels of government, the private sector, and the

			 local communities within White Pine County, Nevada, Millard County, Utah, and

			 the Duckwater Shoshone Reservation;

				(2)to enable

			 communities referred to in paragraph (1) to conserve their heritage while

			 continuing to develop economic opportunities; and

				(3)to conserve,

			 interpret, and develop the archaeological, historical, cultural, natural,

			 scenic, and recreational resources related to the unique ranching, industrial,

			 and cultural heritage of the Great Basin, in a manner that promotes multiple

			 uses permitted as of the date of enactment of this Act, without managing or

			 regulating land use.

				3.DefinitionsIn this Act:

			(1)Great

			 BasinThe term Great Basin means the North American

			 Great Basin.

			(2)Heritage

			 RouteThe term Heritage Route means the Great Basin

			 National Heritage Route established by section 4(a).

			(3)Management

			 entityThe term management entity means the Great

			 Basin Heritage Route Partnership established by section 4(c).

			(4)Management

			 planThe term management plan means the plan

			 developed by the management entity under section 6(a).

			(5)SecretaryThe

			 term Secretary means the Secretary of the Interior, acting through

			 the Director of the National Park Service.

			4.Great Basin

			 National Heritage Route

			(a)EstablishmentThere

			 is established the Great Basin National Heritage Route to provide the public

			 with access to certain historical, cultural, natural, scenic, and recreational

			 resources in White Pine County, Nevada, Millard County, Utah, and the Duckwater

			 Shoshone Reservation in the State of Nevada, as designated by the management

			 entity.

			(b)BoundariesThe

			 management entity shall determine the specific boundaries of the Heritage

			 Route.

			(c)Management

			 entity

				(1)In

			 generalThe Great Basin Heritage Route Partnership shall serve as

			 the management entity for the Heritage Route.

				(2)Board of

			 directorsThe Great Basin Heritage Route Partnership shall be

			 governed by a board of directors that consists of—

					(A)4 members who are

			 appointed by the Board of County Commissioners for Millard County, Utah;

					(B)4 members who are

			 appointed by the Board of County Commissioners for White Pine County, Nevada;

			 and

					(C)a representative

			 appointed by each Native American Tribe participating in the Heritage

			 Route.

					5.Memorandum of

			 understanding

			(a)In

			 generalIn carrying out this Act, the Secretary, in consultation

			 with the Governors of the States of Nevada and Utah and the tribal government

			 of each Indian tribe participating in the Heritage Route, shall enter into a

			 memorandum of understanding with the management entity.

			(b)InclusionsThe

			 memorandum of understanding shall include information relating to the

			 objectives and management of the Heritage Route, including—

				(1)a description of

			 the resources of the Heritage Route;

				(2)a discussion of

			 the goals and objectives of the Heritage Route, including—

					(A)an explanation of

			 the proposed approach to conservation, development, and interpretation;

			 and

					(B)a general outline

			 of the anticipated protection and development measures;

					(3)a description of

			 the management entity;

				(4)a list and

			 statement of the financial commitment of the initial partners to be involved in

			 developing and implementing the management plan; and

				(5)a description of

			 the role of the States of Nevada and Utah in the management of the Heritage

			 Route.

				(c)Additional

			 requirementsIn developing the terms of the memorandum of

			 understanding, the Secretary and the management entity shall—

				(1)provide

			 opportunities for local participation; and

				(2)include terms

			 that ensure, to the maximum extent practicable, timely implementation of all

			 aspects of the memorandum of understanding.

				(d)Amendments

				(1)In

			 generalThe Secretary shall review any amendments of the

			 memorandum of understanding proposed by the management entity or the Governor

			 of the State of Nevada or Utah.

				(2)Use of

			 fundsFunds made available under this Act shall not be expended

			 to implement a change made by a proposed amendment described in paragraph (1)

			 until the Secretary approves the amendment.

				6.Management

			 plan

			(a)In

			 generalNot later than 3 years after the date of enactment of

			 this Act, the management entity shall develop and submit to the Secretary for

			 approval a management plan for the Heritage Route that—

				(1)specifies—

					(A)any resources

			 designated by the management entity under section 4(a); and

					(B)the specific

			 boundaries of the Heritage Route, as determined under section 4(b); and

					(2)presents clear

			 and comprehensive recommendations for the conservation, funding, management,

			 and development of the Heritage Route.

				(b)ConsiderationsIn

			 developing the management plan, the management entity shall—

				(1)provide for the

			 participation of local residents, public agencies, and private organizations

			 located within the counties of Millard County, Utah, White Pine County, Nevada,

			 and the Duckwater Shoshone Reservation in the protection and development of

			 resources of the Heritage Route, taking into consideration State, tribal,

			 county, and local land use plans in existence on the date of enactment of this

			 Act;

				(2)identify sources

			 of funding;

				(3)include—

					(A)a program for

			 implementation of the management plan by the management entity,

			 including—

						(i)plans for

			 restoration, stabilization, rehabilitation, and construction of public or

			 tribal property; and

						(ii)specific

			 commitments by the identified partners referred to in section 5(b)(4) for the

			 first 5 years of operation; and

						(B)an interpretation

			 plan for the Heritage Route; and

					(4)develop a

			 management plan that will not infringe on private property rights without the

			 consent of the owner of the private property.

				(c)Failure to

			 submitIf the management entity fails to submit a management plan

			 to the Secretary in accordance with subsection (a), the Heritage Route shall no

			 longer qualify for Federal funding.

			(d)Approval and

			 disapproval of management plan

				(1)In

			 generalNot later than 90 days after receipt of a management plan

			 under subsection (a), the Secretary, in consultation with the Governors of the

			 States of Nevada and Utah, shall approve or disapprove the management

			 plan.

				(2)CriteriaIn

			 determining whether to approve a management plan, the Secretary shall consider

			 whether the management plan—

					(A)has strong local

			 support from a diversity of landowners, business interests, nonprofit

			 organizations, and governments associated with the Heritage Route;

					(B)is consistent

			 with and complements continued economic activity along the Heritage

			 Route;

					(C)has a high

			 potential for effective partnership mechanisms;

					(D)avoids infringing

			 on private property rights; and

					(E)provides methods

			 to take appropriate action to ensure that private property rights are

			 observed.

					(3)Action

			 following disapprovalIf the Secretary disapproves a management

			 plan under paragraph (1), 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 90

			 days after the receipt of any proposed revision of the management plan from the

			 management entity, approve or disapprove the proposed revision.

					(e)ImplementationOn

			 approval of the management plan as provided in subsection (d)(1), the

			 management entity, in conjunction with the Secretary, shall take appropriate

			 steps to implement the management plan.

			(f)Amendments

				(1)In

			 generalThe Secretary shall review each amendment to the

			 management plan that the Secretary determines may make a substantial change to

			 the management plan.

				(2)Use of

			 fundsFunds made available under this Act shall not be expended

			 to implement an amendment described in paragraph (1) until the Secretary

			 approves the amendment.

				7.Authority and

			 duties of management entity

			(a)AuthoritiesThe

			 management entity may, for purposes of preparing and implementing the

			 management plan, use funds made available under this Act to—

				(1)make grants to,

			 and enter into cooperative agreements with, a State (including a political

			 subdivision), an Indian tribe, a private organization, or any person;

			 and

				(2)hire and

			 compensate staff.

				(b)DutiesIn

			 addition to developing the management plan, the management entity shall—

				(1)give priority to

			 implementing the memorandum of understanding and the management plan, including

			 taking steps to—

					(A)assist units of

			 government, regional planning organizations, and nonprofit organizations

			 in—

						(i)establishing and

			 maintaining interpretive exhibits along the Heritage Route;

						(ii)developing

			 recreational resources along the Heritage Route;

						(iii)increasing

			 public awareness of and appreciation for the archaeological, historical,

			 cultural, natural, scenic, and recreational resources and sites along the

			 Heritage Route; and

						(iv)if

			 requested by the owner, restoring, stabilizing, or rehabilitating any private,

			 public, or tribal historical building relating to the themes of the Heritage

			 Route;

						(B)encourage

			 economic viability and diversity along the Heritage Route in accordance with

			 the objectives of the management plan; and

					(C)encourage the

			 installation of clear, consistent, and environmentally appropriate signage

			 identifying access points and sites of interest along the Heritage

			 Route;

					(2)consider the

			 interests of diverse governmental, business, and nonprofit groups associated

			 with the Heritage Route;

				(3)conduct public

			 meetings in the region of the Heritage Route at least semiannually regarding

			 the implementation of the management plan;

				(4)submit

			 substantial amendments (including any increase of more than 20 percent in the

			 cost estimates for implementation) to the management plan to the Secretary for

			 approval by the Secretary; and

				(5)for any year for

			 which Federal funds are received under this Act—

					(A)submit to the

			 Secretary a report that describes, for the year—

						(i)the

			 accomplishments of the management entity;

						(ii)the expenses and

			 income of the management entity; and

						(iii)each entity to

			 which any loan or grant was made;

						(B)make available

			 for audit all records pertaining to the expenditure of the funds and any

			 matching funds; and

					(C)require, for all

			 agreements authorizing the expenditure of Federal funds by any entity, that the

			 receiving entity make available for audit all records pertaining to the

			 expenditure of the funds.

					(c)Prohibition on

			 the acquisition of real propertyThe management entity shall not

			 use Federal funds made available under this Act to acquire real property or any

			 interest in real property.

			(d)Prohibition on

			 the regulation of land useThe management entity shall not

			 regulate land use within the Heritage Route.

			8.Duties and

			 authorities of Federal agencies

			(a)Technical and

			 financial assistance

				(1)In

			 generalThe Secretary may, on request of the management entity,

			 provide technical and financial assistance to develop and implement the

			 management plan and memorandum of understanding.

				(2)Priority for

			 assistanceIn providing assistance under paragraph (1), the

			 Secretary shall, on request of the management entity, give priority to actions

			 that assist in—

					(A)conserving the

			 significant archaeological, historical, cultural, natural, scenic, and

			 recreational resources of the Heritage Route; and

					(B)providing

			 education, interpretive, and recreational opportunities, and other uses

			 consistent with those resources.

					(b)Application of

			 Federal lawThe establishment of the Heritage Route shall have no

			 effect on the application of any Federal law to any property within the

			 Heritage Route.

			9.Land use

			 regulation; applicability of Federal law

			(a)Land use

			 regulationNothing in this Act—

				(1)modifies,

			 enlarges, or diminishes any authority of the Federal, State, tribal, or local

			 government to regulate by law (including by regulation) any use of land;

			 or

				(2)grants any power

			 of zoning or land use to the management entity.

				(b)Applicability

			 of Federal lawNothing in this Act—

				(1)imposes on the

			 Heritage Route, as a result of the designation of the Heritage Route, any

			 regulation that is not applicable to the area within the Heritage Route as of

			 the date of enactment of this Act; or

				(2)authorizes any

			 agency to promulgate a regulation that applies to the Heritage Route solely as

			 a result of the designation of the Heritage Route under this Act.

				10.Authorization

			 of appropriations

			(a)In

			 generalThere is authorized to be appropriated to carry out this

			 Act $10,000,000, of which not more than $1,000,000 may be made available for

			 any fiscal year.

			(b)Cost

			 sharing

				(1)Federal

			 shareThe Federal share of the cost of any activity assisted

			 under this Act shall not exceed 50 percent.

				(2)Form of

			 non-federal shareThe non-Federal share may be in the form of

			 in-kind contributions, donations, grants, and loans from individuals and State

			 or local governments or agencies.

				11.Termination of

			 authorityThe authority of the

			 Secretary to provide assistance under this Act terminates on the date that is

			 15 years after the date of enactment of this Act.

		February 16, 2005

		Reported without amendment


114 S892 IS: Textile Enforcement and Security Act of 2015
U.S. Senate
2015-03-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 892IN THE SENATE OF THE UNITED STATESMarch 26, 2015Mr. Graham (for himself and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo provide the Department of Homeland Security, U.S. Customs and Border Protection, and the
			 Department of the Treasury with authority to more aggressively enforce
			 customs and trade laws relating to textile and apparel articles, and for
			 other purposes.

		1.Short title; table of
			 contents
			(a)Short
 titleThis Act may be cited as the Textile Enforcement and Security Act of 2015.
			(b)Table of
 contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents. Sec. 2. Textile or apparel article defined. Sec. 3. Definitions. Sec. 4. Findings. Sec. 5. Sense of Congress. TITLE I—Additional authorities for U.S. Customs and Border Protection Sec. 101. Seizure and forfeiture of certain textile or apparel articles and use of amounts from fines, penalties, and forfeitures. Sec. 102. Increase in certain TTA positions and import specialist positions, assignment of certain operations staff, and biennial review of staff levels. TITLE II—Entry verification provisions Sec. 201. Special provisions regarding certain violations relating to import documentation. Sec. 202. Electronic preference verification system for origin of textile or apparel articles under CAFTA–DR, NAFTA, and other free trade agreements. Sec. 203. Establishment of textile and apparel new importer program. Sec. 204. Nonresident importer declaration program for textile or apparel articles. TITLE III—Establishment of textile and apparel manufacturing and supplier registry Sec. 301. Establishment of textile and apparel manufacturing and supplier registry. TITLE IV—Implementation report Sec. 401. Implementation report.  2.Textile or apparel article defined (a)In generalIn this Act, the term textile or apparel article means any of the following:
 (1)Any good classifiable under chapters 50 through 63 of the HTS.
 (2)Any good classifiable under one of the following HTS headings or subheadings:
 (A)3005.90. (B)3921.12.15.
 (C)3921.13.15. (D)3921.90.11.
 (E)3921.90.15. (F)3921.90.19.
 (G)3921.90.25. (H)3921.90.29.
 (I)3921.90.40. (J)6601.
 (K)7019.19.15. (L)7019.19.28.
 (M)7019.40 through 7019.59.
 (N)8708.21.00. (O)9404.30.
 (P)9404.90. (b)HTS definedIn subsection (a), the term HTS means the Harmonized Tariff Schedule of the United States.
 3.DefinitionsIn this Act: (1)CAFTA–DR countryThe term CAFTA–DR country has the meaning given such term in section 3(2) of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 4002(2)).
 (2)CEEThe term CEE means the Center of Excellence and Expertise for Apparel, Footwear, and Textiles of U.S. Customs and Border Protection.
 (3)CommissionerThe term Commissioner means the Commissioner responsible for U.S. Customs and Border Protection.
 (4)DedicatedThe term dedicated means, with respect to an import specialist, that the import specialist focuses solely on the import of textile or apparel articles.
			(5)Enter;
 entryThe terms enter and entry refer to the entry, or withdrawal from warehouse for consumption, of a textile or apparel article in the customs territory of the United States.
 (6)ImporterThe term importer means one of the parties qualifying as an importer of record under section 484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B)).
			(7)New
 importerThe term new importer means an importer with fewer than 3 years of history of importing textile or apparel articles into the United States. For purposes of this paragraph, a new importer that merges with or is purchased by another importer, or is otherwise altered, shall be considered to remain a new importer until such time as such new importer presents proof to the Commissioner of such merger, purchase, or other alteration for a determination regarding whether such new importer may be treated as an importer.
			(8)Nonresident
 importerThe term nonresident importer means an importer who is—
 (A)an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; or
 (B)a partnership, corporation, or other commercial entity that is not organized under the laws of a jurisdiction within the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule of the United States) or in the Virgin Islands of the United States.
				(9)Special
 operationsThe term special operations means an initiative that is—
 (A)implemented to address specific instances of transactions that do not comply with the customs and trade laws of the United States with respect to textile or apparel articles;
 (B)used to address any import violations involving textile or apparel articles, including fraud, quota requirements, revenue collection, trade preferences or requirements under free trade agreements, product safety, antidumping and countervailing duties, or intellectual property rights; or
 (C)initiated to address a singular instance or a pattern of high-risk behavior, involving a particular commodity or other trade issue, including valuation, origin fraud, or trade preference violation, on the part of a country, importer, shipper, exporter, customs broker, freight forwarder, or manufacturer.
 (10)TTAThe term TTA means the Textile and Trade Agreements division of the Office of International Trade within U.S. Customs and Border Protection.
 (11)TPVTsThe term TPVTs means Textile Product Verification Teams.
 (12)TrainedThe term trained means, with respect to an import specialist, that such import specialist has received, at least during the last 3 years, education or training related to the import of textile or apparel articles.
 4.FindingsCongress finds the following: (1)The fraudulent or illegal importation of textile and apparel articles into the United States results in significant revenue loss to the Department of the Treasury.
 (2)The Textile and Trade Agreements division of the Office of International Trade within U.S. Customs and Border Protection or any subsequent division has, with respect to textile or apparel articles, the primary responsibility to ensure the proper enforcement of all customs and trade laws, rules, and regulations affecting textile and apparel articles.
 (3)The TTA has the authority to direct the implementation and enforcement of free trade agreements, multilateral agreements, bilateral textile agreements, trade preference programs, and all other customs and trade laws affecting textiles and apparel articles.
 (4)The primary focus of the TTA is to ensure the effective implementation of all trade enforcement activities involving textile or apparel articles with its principal focus to prevent circumvention of the requirements to obtain preferential trade treatment under free trade agreements and trade preference programs in order to avoid quotas or duties.
			5.Sense of
 CongressIt is the sense of Congress that—
 (1)U.S. Customs and Border Protection and the TTA should be involved in supporting the negotiation of enforcement provisions of trade preference programs and free trade agreements affecting textiles and apparel articles;
 (2)the TTA should conduct outreach to other Federal departments and agencies involved in overall trade policy, such as the Department of Commerce and the Office of the United States Trade Representative;
 (3)the TTA should develop policies and procedures that provide guidance to the CEE and to the ports of entry of textile and apparel articles, including training of officials of U.S. Customs and Border Protection;
 (4)officials of the TTA should coordinate and collaborate with officials of the CEE to establish enforcement priorities, based on risk assessments, and a national enforcement response;
 (5)the TTA headquarters office is currently below its optimal staffing levels and the TTA personnel efforts should be targeted at retaining senior staff and hiring new qualified personnel so that the division is brought up to optimal staffing levels, and these positions should be designated as not only policy positions, but enforcement positions as well;
 (6)the TTA should implement special operations, Textile Product Verification Teams, and other actions under U.S. Customs and Border Protection authority to ensure enforcement of customs and trade laws relating to imports of textile or apparel articles in a timely manner as concerns arise, particularly as such concerns relate to enforcement of the North American Free Trade Agreement, signed at Washington, Ottawa, and Mexico City December 8, 11, 14 and 17, 1992, the Dominican Republic-Central America-United States Free Trade Agreement, signed at Washington August 5, 2004, and all other free trade agreements and trade preference programs, in order to prevent transshipments and origin fraud;
 (7)officials of the TTA should coordinate and collaborate with foreign government counterparts to ensure effective enforcement of textile and apparel articles; and
 (8)U.S. Customs and Border Protection should ensure that seizures, detentions, special operations, and TPVTs remain the primary focus of its enforcement efforts relating to textile and apparel articles.
			IAdditional
			 authorities for U.S. Customs and Border Protection
			101.Seizure and
			 forfeiture of certain textile or apparel articles and use of amounts from
			 fines, penalties, and forfeitures
				(a)Seizure and
			 forfeiture
					(1)In
 generalThe following textile or apparel articles shall be subject to seizure and forfeiture in accordance with the customs and trade laws of the United States and title 18, United States Code:
 (A)Any textile or apparel article imported into the United States—
 (i)for which a trade preference has been claimed; and
 (ii)that has been either misdescribed on entry as to country of origin or for which the importer does not verify actual country of origin, for purposes of avoiding a duty or other obligation to the United States Government, including—
 (I)any textile or apparel article accompanied by documentation that indicates a false or fraudulent country of origin or source of textile or apparel articles; and
 (II)any textile or apparel article accompanied by a counterfeit visa, license, permit, bill of lading, or similar documentation that is subsequently used by the importer for entry of textile or apparel articles.
 (B)A textile or apparel article imported into the United States by an importer who provides false information with respect to the physical address of the importer or who does not meet the requirements of section 484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B)).
 (2)ExceptionA clerical error shall not be considered a violation of paragraph (1) unless such error is part of a pattern of negligent conduct.
					(b)Use of amounts
			 from fines, penalties, and forfeitures
					(1)In
 generalNotwithstanding any other provision of law, the Secretary of Homeland Security, the Commissioner, or the Secretary of the Treasury, as applicable—
 (A)shall use amounts from fines, penalties, and forfeitures of property for violations of any law regarding the import of textile or apparel articles enforced by the Secretary of Homeland Security or the Secretary of the Treasury to pay for—
 (i)expenses directly related to special operations, TPVTs, and other enforcement actions;
 (ii)expenses related to training and education for applicable revenue positions, including import specialists, international trade specialists, and auditors who participate in the enforcement of the customs and trade laws of the United States with respect to the export or import of textile or apparel articles; and
 (iii)implementation of the provisions of this Act; and
 (B)may use amounts from fines, penalties, and forfeitures of property for violations of any law regarding the import of textile or apparel articles enforced by the Secretary of Homeland Security, the Commissioner, or the Secretary of the Treasury to pay for a reward of not less than 20 percent of the amount of the fine or penalty collected, or the value of the property forfeited, or $20,000, whichever is the lesser amount, to any person who furnishes information that leads to an arrest, conviction, civil penalty assessment, or forfeiture of property for any violation of any law regarding the import of textile or apparel articles enforced by the Secretary of Homeland Security, the Commissioner, or the Secretary of the Treasury.
						(2)Rule of
 constructionAmounts described in paragraph (1) and used to pay for expenses described in subparagraph (A) of that paragraph or a reward described in subparagraph (B) of that paragraph are in addition to amounts otherwise available for such purposes.
					102.Increase in
			 certain TTA positions and import specialist positions, assignment of
			 certain operations staff, and biennial review
			 of
			 staff levels
				(a)Increase in
 certain TTA positionsNot later than 180 days of the date of the enactment of this Act, the Commissioner shall ensure that—
 (1)the Textile Enforcement Branch (or any successor or related branch) of the TTA shall consist of, at a minimum, one branch chief and 6 operations staff, of whom 3 operations staff shall be assigned to one of the CAFTA–DR countries for purposes of assisting U.S. Customs and Border Protection with verification of textile and apparel preferences claimed under the Dominican Republic-Central America-United States Free Trade Agreement, signed at Washington August 5, 2004;
 (2)the Textile Policy Branch (or any successor or related division) of the TTA shall consist of, at a minimum, one division chief, 3 operations staff, and 2 textile trade analysts; and
 (3)the Quota Branch (or any successor or related branch of the Interagency Collaboration Division) of the TTA shall consist of, at a minimum, one branch chief and 4 operations staff.
					(b)Increase in
 textile and apparel trained import specialistsAs soon as practicable after the date of the enactment of this Act, the Commissioner shall certify, with respect to the 15 largest (by value of entries) United States ports of entry for textile or apparel articles, that import specialists who are assigned to such ports of entry are trained in fraud, trade preference verification, classification, undervaluation, or other issues relating to imports of textile or apparel articles so that the number of such trained import specialist positions is not less than 150 percent of the number of trained import specialist positions as of the date of the enactment of this Act.
				(c)Increase in
 dedicated textile and apparel import specialistsAs soon as practicable after the date of the enactment of this Act, the Commissioner shall increase dedicated textile and import specialists by 25 percent at the 15 largest (by value of entries) United States ports of entry for textile or apparel articles over the number of such specialists as of the date of the enactment of this Act.
 (d)Assignment of operations staff to imports from certain countriesNot later than 180 days after the entry into force of any free trade agreement after the date of the enactment of this Act between the United States and a country that is one of the 10 largest exporters to the United States of textile and apparel products (by value of entries), the Textile Enforcement Branch (or any successor or related branch) of the TTA shall assign not less than one operations staff to imports from that country for purposes of assisting the Commissioner with verification of preferential treatment claimed under that agreement with respect to textile and apparel products.
				(e)Biennial review
 of staff levelsNot later than one year after the date of the enactment of this Act, and every 2 years thereafter, the Commissioner shall submit to the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives, the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate, and the co-chairs of the Congressional Textile Caucus a report on the staffing levels specified in this section, including a determination of whether or not there is need for additional staff to carry out the duties of the TTA.
				IIEntry verification provisions
			201.Special
			 provisions regarding certain violations relating to import
			 documentation
				(a)Publication of
 names of certain violatorsSection 592A(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1592a(a)(1)) is amended—
 (1)in the matter preceding subparagraph (A), by striking is authorized to and inserting shall; and
 (2)in subparagraph (A), by inserting before the comma at the end the following: , including for violations of quotas, duties, or trade preference programs.
					(b)List of
 high-Risk countriesSection 592A(b)(1) of the Tariff Act of 1930 (19 U.S.C. 1592a(b)(1)) is amended, in the first sentence—
 (1)by striking is authorized to and inserting shall; and
 (2)by inserting or duties or violate trade preference programs after quotas.
					202.Electronic
			 preference verification system for origin of textile or apparel articles
			 under
			 CAFTA–DR, NAFTA, and other free trade agreements
 (a)EstablishmentNot later than 180 days after the date of the enactment of this Act, the President, acting through the Commissioner and in coordination with the head of the Office of Textiles and Apparel of the Department of Commerce, shall establish an electronic verification system for tracking textile or apparel articles imported or exported under the Dominican Republic-Central America-United States Free Trade Agreement, signed at Washington August 5, 2004, the North American Free Trade Agreement, signed at Washington, Ottawa, and Mexico City December 8, 11, 14 and 17, 1992, or any other free trade agreement to which the United States is a party, to ensure compliance with the respective requirements of such agreements.
 (b)ImplementationThe President shall seek to enter into consultations and agreements, as appropriate, with the government of each foreign country that is a party to an agreement described in subsection (a) for purposes of implementing the electronic verification system established under that subsection.
 (c)ConfidentialityThe electronic verification system established under subsection (a) shall ensure that proprietary information, such as information about supply chain participants, is coded so that only personnel of U.S. Customs and Border Protection and the Office of Textiles and Apparel can access the information.
				(d)Sense of
 CongressIt is the sense of Congress that the President should seek to make the integration of the electronic verification system established under subsection (a) in future free trade agreements a priority in negotiations for such agreements.
				203.Establishment
			 of textile and apparel new importer program
				(a)In
 generalNot later than 180 days after the date of the enactment of this Act, the Commissioner shall establish a new importer program under which U.S. Customs and Border Protection adjusts bond amounts for new importers of textile and apparel articles based on the level of risk with respect to protection of the revenue of the Federal Government presented by each new importer.
 (b)RequirementsThe Commissioner shall ensure that, as part of the new importer program established under subsection (a), U.S. Customs and Border Protection—
 (1)develops risk assessment guidelines for new importers of textile and apparel articles;
 (2)adjusts bond amounts for new importers in accordance with the risk assessment guidelines developed under paragraph (1);
 (3)maintains a centralized database of new importers; and
 (4)ensures accuracy of required information provided to U.S. Customs and Border Protection by new importers.
					(c)Bonding
 authoritySection 623(b) of the Tariff Act of 1930 (19 U.S.C. 1623(b)) is amended by adding at the end the following new paragraph:

 (5)In the case of importation of textile or apparel articles, by regulation or specific instruction require, or authorize U.S. Customs and Border Protection officers to require, the amount of the bond to include amounts equal to any duties, fees, or penalties estimated to be payable on such articles. For purposes of this paragraph, amounts equal to any penalties estimated to be payable on such articles shall be based on a risk assessment of the new importer carried out in accordance with section 203 of the Textile Enforcement and Security Act of 2015. Any person who violates a requirement imposed pursuant to this paragraph shall be liable for a civil penalty of $50,000 for each such violation..
				(d)Other
 penaltiesIn addition to the penalties specified in paragraph (5) of section 623(b) of the Tariff Act of 1930 (19 U.S.C. 1623(b)), as added by subsection (c), for a violation of such paragraph, any person who violates any other customs or trade law of the United States with respect to the importation of textile or apparel articles shall be subject to any applicable civil or criminal penalty, including seizure and forfeiture that may be imposed under such customs or trade law, including section 592 of the Tariff Act of 1930 (19 U.S.C. 1592).
				204.Nonresident
			 importer declaration program for textile or apparel articles
				(a)Establishment of
			 program
 (1)In generalNot later than 180 days after the date of the enactment of this Act, the Commissioner shall establish and maintain a nonresident importer declaration program with respect to the importation of textile or apparel articles.
 (2)Program describedThe program established under paragraph (1) shall— (A)require nonresident importers of textile or apparel articles to—
 (i)provide the information required under subsection (b); and
 (ii)declare the information required under subsection (c); and
 (B)require that the information required under subsections (b) and (c) accompany the entry summary documentation for such textile or apparel articles.
						(b)Information
 requiredThe Commissioner shall require the following information to be submitted by any nonresident importer seeking to import textile or apparel articles:
 (1)An identification of a resident agent in the State in which the port of entry at which the nonresident importer anticipates the textile or apparel articles will enter is located who is authorized to accept service of process against the nonresident importer in connection with the importation of the textile or apparel articles.
 (2)A certification that the resident agent described in paragraph (1) has assets in the United States in sufficient amounts for the purpose of ensuring the payment of any additional loss of revenue not covered by any surety bond or for any civil penalties levied by the Federal Government in connection with the importation of the textile or apparel articles.
 (3)A copy of the commercial invoice accompanying the shipment of the textile or apparel articles, including the name, address, and contact information for each person in the transaction, such as the trading house, the freight forwarder, and the ultimate purchaser of the goods.
					(c)Declarations
 requiredPursuant to procedures prescribed by the Commissioner, any nonresident importer seeking to import textile or apparel articles shall declare the following:
 (1)The nonresident importer has secured a bond in connection with the importation of the textile or apparel articles as required by paragraph (5) of section 623(b) of the Tariff Act of 1930 (19 U.S.C. 1623(b)) (as added by section 203(c)).
 (2)The nonresident importer has established a power of attorney in connection with the importation of the textile or apparel articles.
 (d)AuthorityA resident agent identified under subsection (b)(1) by a nonresident importer shall accept service of process on behalf of the nonresident importer for the purpose of duties, penalties, or other fines issued by the Secretary of Homeland Security or the Commissioner if the Secretary or the Commissioner is unable to collect duties, penalties, or other fines from such nonresident importer.
				(e)Penalties
					(1)In
 generalIt shall be unlawful for any person to import into the United States any textile or apparel article in violation of the program established under this section.
					(2)Civil
 penaltiesAny person who violates paragraph (1) shall be liable for a civil penalty of $50,000 for each such violation.
					(3)Other
 penaltiesIn addition to the penalties specified in paragraph (2), any violation of this section that violates any other customs or trade law of the United States shall be subject to any applicable civil and criminal penalty, including seizure and forfeiture, that may be imposed under such customs or trade law or title 18, United States Code, with respect to the importation of textile or apparel articles.
					IIIEstablishment of
			 textile and apparel manufacturing and supplier registry
			301.Establishment
 of textile and apparel manufacturing and supplier registryNot later than 180 days after the date of the enactment of this Act, the President, acting through the Commissioner and in coordination with the head of the Office of Textiles and Apparel of the Department of Commerce, shall establish an electronic Textile and Apparel Manufacturing Supplier Registry pilot program to serve as a centralized database of United States producers and manufacturers of thread, yarn, fabric, and apparel that supply products to companies in any of the following countries:
 (1)The United States. (2)A country that is a party to—
 (A)the North American Free Trade Agreement, signed at Washington, Ottawa, and Mexico City December 8, 11, 14 and 17, 1992;
 (B)the Dominican Republic-Central America-United States Free Trade Agreement, signed at Washington August 5, 2004; or
 (C)any other free trade agreement to which the United States is a party.
 (3)A beneficiary country under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.). IVImplementation report 401.Implementation reportNot later than one year after the date of the enactment of this Act, the Commissioner shall submit to the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives, the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate, and the co-chairs of the Congressional Textile Caucus, a report on the implementation of this Act.


		II
		112th CONGRESS
		1st Session
		S. 312
		IN THE SENATE OF THE UNITED STATES

			February 10, 2011
			Mrs. Hutchison (for
			 herself, Mr. Burr,
			 Mr. Coburn, Mr.
			 Cochran, Ms. Collins,
			 Mr. Inhofe, Mr.
			 Risch, Mr. Wicker, and
			 Mr. Blunt) introduced the following bill;
			 which was read twice and referred to the Committee on Finance

		A BILL
		To amend the Patient Protection and Affordable Care Act
		  to repeal certain limitations on health care benefits.

		1.Short titleThis Act may be cited as the
			 Patients' Freedom to Choose
			 Act.
		2.Repeal of
			 distributions for medicine qualified only if for prescribed drug or
			 insulinSection 9003 of the
			 Patient Protection and Affordable Care Act (Public Law 111–148) and the
			 amendments made by such section are repealed; and the Internal Revenue Code of
			 1986 shall be applied as if such section, and amendments, had never been
			 enacted.
		3.Repeal of
			 limitation on health flexible spending arrangements under cafeteria
			 plansSections 9005 and 10902
			 of the Patient Protection and Affordable Care Act (Public Law 111–148) and
			 section 1403 of the Health Care and Education Reconciliation Act of 2010
			 (Public Law 111–152) and the amendments made by such sections are
			 repealed.


		I
		112th CONGRESS
		1st Session
		H. R. 954
		IN THE HOUSE OF REPRESENTATIVES

			March 8, 2011
			Mr. Paul 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 allow
		  individuals a credit against income tax for tuition and related expenses for
		  public and nonpublic elementary and secondary education.

		1.Short titleThis Act may be cited as the
			 Family Education Freedom Act of
			 2011.
		2.Credit for
			 tuition and related expenses for public and nonpublic elementary and secondary
			 education
			(a)In
			 generalSubpart A of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is
			 amended by inserting after section 25D the following new section:

					25E.Tuition and
				related expenses for public and nonpublic elementary and secondary
				education
						(a)Allowance of
				creditIn the case of an individual, there shall be allowed as a
				credit against the tax imposed by this chapter for the taxable year an amount
				equal to the qualified educational expenses paid during such taxable year for
				the elementary or secondary education of any dependent (as defined in section
				152) of the taxpayer at a qualified educational institution.
						(b)LimitationThe
				credit allowed by this section shall not exceed $5,000 per student for any
				taxable year.
						(c)DefinitionsFor
				purposes of this section—
							(1)Qualified
				educational expensesThe term qualified educational
				expenses means cost of attendance in connection with the elementary or
				secondary education of the student at a qualified educational institution.
				Under regulations prescribed by the Secretary, rules similar to the rules
				relating to cost of attendance (within the meaning of section 472 of the
				Higher Education Act of 1965 (20
				U.S.C. 1087ll) (as in effect on the date of the enactment of this paragraph)
				shall apply for purposes of the preceding sentence.
							(2)Qualified
				educational institutionThe term qualified educational
				institution means any educational institution (including any private,
				parochial, religious, or home school) organized for the purpose of providing
				elementary or secondary education, or both.
							(d)Cost-of-Living
				adjustment
							(1)In
				generalIn the case of any taxable year beginning in a calendar
				year after 2011, the $5,000 amount contained in subsection (b) shall be
				increased by an amount equal to—
								(A)$5,000, multiplied
				by
								(B)the cost-of-living
				adjustment determined under section 1(f)(3) for the calendar year in which the
				taxable year begins by substituting calendar year 2010 for
				calendar year 1992 in subparagraph (B) thereof.
								(2)RoundingIf any increase determined under paragraph
				(1) is not a multiple of $10, such increase shall be rounded to the next
				highest multiple of $10. In the case of a married individual (as determined
				under section 7703) filing a separate return, the preceding sentence shall be
				applied by substituting $5 for $10 each place it
				appears.
							(e)RegulationsThe
				Secretary shall prescribe regulations to carry out this section, including
				regulations providing for claiming the credit under this section on Form
				1040EZ.
						.
			(b)Clerical
			 amendmentThe table of sections for subpart A of part IV of
			 subchapter A of chapter 1 of such Code is amended by inserting after the item
			 relating to section 25D the following new item:

						Sec. 25E. Tuition and related expenses for
				public and nonpublic elementary and secondary
				education.

					.
			(c)Effective
			 dateThe amendments made by this section shall apply to amounts
			 paid in taxable years beginning after December 31, 2010.