115 HRES 720 IH: Recognizing the coordinated struggle of workers on the 50th anniversary of the 1968 Memphis sanitation workers strike to voice their grievances and reach a collective agreement for rights in the workplace.
U.S. House of Representatives
2018-01-30
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.

IV115th CONGRESS2d SessionH. RES. 720IN THE HOUSE OF REPRESENTATIVESJanuary 30, 2018Mr. Cohen (for himself, Ms. Adams, Mr. Brady of Pennsylvania, Ms. Bass, Mr. Capuano, Mr. Cooper, Mr. Doggett, Ms. Kaptur, Mr. Lewis of Georgia, Mr. Sean Patrick Maloney of New York, Ms. Moore, Mrs. Napolitano, Mr. Pallone, Mr. Pascrell, Mr. Rush, Ms. Wasserman Schultz, Mr. Duncan of Tennessee, Mrs. Black, Ms. Jackson Lee, Mr. Beyer, Mr. DeSaulnier, Mr. McGovern, Ms. Norton, Mr. Bishop of Georgia, Mr. Scott of Virginia, Mr. Richmond, Mr. Danny K. Davis of Illinois, Ms. Lee, Mr. David Scott of Georgia, Mrs. Beatty, Ms. Sewell of Alabama, Mrs. Watson Coleman, Mr. Cummings, Ms. Barragán, Mr. Carson of Indiana, Mr. Khanna, Mr. Norcross, Mr. Johnson of Georgia, Mr. Fleischmann, Mr. McEachin, Ms. Maxine Waters of California, Ms. Judy Chu of California, Mr. DesJarlais, Ms. Schakowsky, Mr. Veasey, Mr. Evans, Mr. Yarmuth, Ms. Wilson of Florida, Mr. Hastings, Ms. Castor of Florida, Mr. Roe of Tennessee, Mr. Kustoff of Tennessee, Mrs. Blackburn, Mr. Welch, Mr. Raskin, Mr. Brown of Maryland, Mr. Lynch, Mr. Butterfield, Mr. Jeffries, Ms. Jayapal, Mr. Ellison, Mrs. Demings, Mr. Cartwright, Mr. Neal, Mr. Ryan of Ohio, Mr. Blumenauer, Ms. Eddie Bernice Johnson of Texas, and Mr. Cleaver) submitted the following resolution; which was referred to the Committee on Education and the WorkforceRESOLUTIONRecognizing the coordinated struggle of workers on the 50th anniversary of the 1968 Memphis
			 sanitation workers strike to voice their grievances and reach a collective
			 agreement for rights in the workplace.

 Whereas, in 1968, 1,300 African-American sanitation workers in Memphis, Tennessee, fought for collective bargaining rights and equality in the workplace;
 Whereas in the struggle for workers’ rights, the American Federation of State, County and Municipal Employees (AFSCME) integrated the labor movement and the civil rights movement in a demand for basic human rights and respect for all men and women;
 Whereas Black employees doing most of the low-wage work in Memphis had almost no health care, pensions, or vacation, worked in deplorable conditions, and were shown disrespect by White supervisors;
 Whereas 40 percent of the workers qualified for welfare in order to supplement their low salaries and were denied the opportunity to improve their working conditions by Memphis Mayor Henry Loeb and the City Council;
 Whereas, on January 31, 1968, 22 Black sewer workers who reported for work were sent home when it began raining, losing a day’s pay, while White workers were not sent home and received a full day’s pay;
 Whereas, the following day, February 1, 1968, sanitation workers Echol Cole and Robert Walker sought refuge from a downpour in the hamper of a garbage truck amid putrefying garbage and were crushed to death when the compactor malfunctioned;
 Whereas, on February 12, 1968, Memphis sanitation and public employees went on strike after attempting last-minute negotiations with Mayor Loeb and the city on the terms of their employment, demanding that the city recognize their union, and provide a pay increase to $2.35 an hour from an average of $1.70, overtime pay, and promotions based on merit irrespective of race;
 Whereas in response to the workers’ demands, Mayor Loeb, on February 13, 1968, threatened to hire replacements unless workers returned to work;
 Whereas, on February 18, 1968, the President of AFSCME, Jerry Wurf, arrived in Memphis and negotiations began in the basement of St. Mary’s Episcopal Church with Rabbi James A. Wax of Temple Israel representing the Memphis Ministerial Association, mediating between the city and striking workers, assisted by Local 1733 President T.O. Jones and AFSCME Director of Legislative and Community Affairs William Lucy;
 Whereas after an all-night vigil outside City Hall on February 19–20, 1968, the National Association for the Advancement of Colored People (NAACP) and union workers called for a boycott of downtown businesses;
 Whereas, on February 23, 1968, 1,500 strikers and supporters organized a march to the Memphis City Hall, where, 11 days after the initial strike, the City Council refused to recognize the union;
 Whereas, in the following days, 500 White labor union members joined members of the clergy and sanitation workers in a march downtown, 116 strikers and supporters were arrested during a peaceful demonstration, and hundreds of high school students joined in another march led or supported by members of the clergy including Rabbi Wax, the Reverend Frank McRae of St. John’s United Methodist Church, Father Nicholas Vieron of Annunciation Greek Orthodox Church, and Dean William Dimmick of St. Mary’s;
 Whereas, on March 4, 1968, a proposal by State Senator Frank White to create a State mediation board to resolve the stalemate was rejected by Mayor Loeb;
 Whereas, on March 5, 1968, the Ministerial Association announced that Rev. Dr. Martin Luther King, Jr., would be traveling to Memphis on behalf of striking workers;
 Whereas, on March 7, 1968, the City Council voted to reject union dues checkoff for sanitation workers;
 Whereas, throughout March 1968, national civil rights leaders, including Roy Wilkins, Bayard Rustin, Ralph Abernathy, James Bevel, Andrew Young, and Jesse Jackson, among others, came to Memphis to rally the strikers;
 Whereas, on March 28, 1968, Rev. Dr. Martin Luther King, Jr., and the Reverend James Lawson of Centenary Methodist Church led a march from the sanitation workers’ gathering spot at Clayborn Temple and on to Beale Street which was marred by window-breaking and disintegrated into a riot as police responded with tear gas and gunfire;
 Whereas, also on March 28, 1968, 16-year-old Larry Payne was shot to death by a Memphis police officer, police arrested 280 mostly Black demonstrators, and the State legislature authorized a 7 p.m. curfew which was enforced by 4,000 members of the National Guard moving into Memphis;
 Whereas in response to Payne’s death, Rev. Dr. Martin Luther King, Jr., called Payne’s mother, Lizzie, offering consolation, and vowed to visit her on his return to Memphis;
 Whereas, also on March 28, 1968, and in response to Rev. Dr. Martin Luther King, Jr.’s promise to return to Memphis to lead a march based on the principles of nonviolence, the city obtained a temporary restraining order in Federal court forbidding such a march;
 Whereas in response to the temporary restraining order, AFSCME General Counsel Mel Wulf asked the firm of Burch, Porter and Johnson and attorneys Lucius E. Burch, Jr., David Caywood, Charles Newman, and W.J. Michael Cody to work on lifting the injunction to allow the march to proceed;
 Whereas Louis Lucas and Walter Bailey of the Ratner and Sugarmon firm were deeply involved in representing King and striking workers for the duration of the labor dispute;
 Whereas, on April 3, 1968, Rev. Dr. Martin Luther King, Jr., addressed a rally of 10,000 Black workers and residents, members of the clergy, White liberals, and union members at Mason Temple, the Memphis headquarters of the Church of God in Christ, for what would be his last speech, forever known for the lines I have been to the mountain top, and I may not get there with you but I want you to know tonight that we as a people will get to the promised land, linking the civil rights and labor movements and foreshadowing his fate;
 Whereas, on April 4, 1968, a daylong hearing on the city’s injunction resulted in an order from United States District Judge Bailey Brown in the late afternoon allowing the march, with some restrictions, to go forward on April 5, 1968;
 Whereas, on April 4, 1968, the day after his rallying cry for compromise, Rev. Dr. Martin Luther King, Jr., was assassinated by a sniper on the balcony outside of his Lorraine Motel room in Memphis;
 Whereas, on April 4, 1968, Memphis and cities across the country erupted in violent protests and rioting;
 Whereas, on April 5, 1968, Rabbi James A. Wax led a march from St. Mary’s Episcopal Church to City Hall and confronted Mayor Henry Loeb with the Nation watching on all three networks, telling him There are laws far greater than the laws of Memphis and Tennessee, and these are the laws of God;
 Whereas, on April 8, 1968, an estimated 42,000 people, led by the wife of Rev. Dr. King, Jr., Coretta Scott King, and her children, peacefully marched in memory of Dr. King and in support of the union’s requests;
 Whereas, on April 16, 1968, AFSCME announced that a 14-month contract had been agreed to and accepted, and included union dues check-off, a grievance procedure, and wage increases of 10 cents an hour in May and another 5 cents in September, ending the 3-month strike;
 Whereas, on April 29, 2011, the 1,300 sanitation worker strikers were inducted into the Department of Labor’s Labor Hall of Honor; and
 Whereas today, the integration of the civil rights and labor movements remains a work in progress and requires our continued vigilance: Now, therefore, be it

 That the House of Representatives— (1)recognizes the 50th anniversary of the coordinated struggle of workers during the 1968 Memphis sanitation workers strike to voice their grievances and reach a collective agreement for rights in the workplace;
 (2)honors the perseverance of the 1,300 members of Local 1733 in urging social and economic equality in the workplace;
 (3)honors the memory and inspiring contribution of Rev. Dr. Martin Luther King, Jr., in the ultimate resolution of the labor dispute;
 (4)recognizes the contributions of all those named and unnamed who participated in the fight for justice during the strike; and
 (5)recognizes there is work to be done to improve both racial and labor relations.


		I
		111th CONGRESS
		2d Session
		H. R. 5284
		IN THE HOUSE OF REPRESENTATIVES

			May 12, 2010
			Ms. Bordallo
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources, and in addition to the Committee on
			 Armed Services, 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 Sikes Act to improve natural resources
		  management planning for State-owned facilities used for the national defense,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Sikes Act Amendments Act of
			 2010.
		2.Improved Sikes
			 Act coverage of State-owned facilities used for the national defense
			(a)Improvements to
			 ActThe Sikes Act (16 U.S.C. 670 et seq.) is amended as
			 follows:
				(1)DefinitionsSection
			 100 (16 U.S.C. 670) is amended—
					(A)by redesignating
			 paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and
					(B)by inserting after
			 paragraph (1) the following new paragraphs:

							(2)StateThe
				term State means any of the several States, the District of
				Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
							(3)State-owned
				National Guard installationThe term State-owned National
				Guard installation means land owned and operated by a State when such
				land is used for training the National Guard pursuant to chapter 5 of title 32,
				United State Code, with funds provided by the Secretary of Defense or the
				Secretary of a military department, even though such land is not under the
				jurisdiction of the Department of
				Defense.
							.
					(2)Funding of
			 integrated natural resources management plansSection 101 (16
			 U.S.C. 670a) is amended—
					(A)in subsection
			 (a)(1)(B)—
						(i)by
			 inserting (i) before To facilitate; and
						(ii)by
			 adding at the end the following new clause:

								(ii)The Secretary of a military department may,
				subject to the availability of appropriations, develop and implement an
				integrated natural resources management plan for a State-owned National Guard
				installation. Such a plan shall be developed and implemented in coordination
				with the chief executive officer of the State in which the State-owned National
				Guard installation is located.
								;
						(B)in subsection
			 (a)(2), by inserting or State-owned National Guard installation
			 after military installation both places it appears;
					(C)in subsection
			 (a)(3)—
						(i)by
			 striking and at the end of subparagraph (B);
						(ii)by
			 striking the period at the end of subparagraph (C) and inserting ;
			 and; and
						(iii)by
			 adding at the end the following new subparagraph:

								(D)the conservation
				and rehabilitation of natural resources on State-owned National Guard
				installations and sustainable multipurpose use of the natural resources on
				those
				installations.
								;
						(D)by redesignating
			 subsections (c) through (g) as subsections (d) through (h), respectively;
			 and
					(E)by inserting after
			 subsection (b) the following new subsection (c):

							(c)Required
				elements of plans for State-Owned National Guard
				installationsEach integrated natural resources management plan
				for a State-owned National Guard installation that is prepared under subsection
				(a)(1)(B)(ii)—
								(1)shall, to the
				extent appropriate and applicable, provide for the same matters for the
				installation as are required under subsection (c)(1) for a military
				installation; and
								(2)must be reviewed
				as to operation and effect by the parties thereto on a regular basis, but not
				less often than every 5
				years.
								.
					(3)Cooperative
			 agreementsSection 103a(a) (16 U.S.C. 670c–1(a)) is
			 amended—
					(A)in paragraph (1),
			 by inserting and State-owned National Guard installations after
			 military installations; and
					(B)in paragraph (2),
			 by inserting or State-owned National Guard installations after
			 military installation.
					(b)Expansion and
			 extension of invasive species management pilot programSubsection
			 (g) of section 101 of such Act (16 U.S.C. 670a) is amended—
				(1)in the subsection
			 heading—
					(A)by striking
			 Pilot
			 Program; and
					(B)by striking
			 in
			 Guam; and
					(2)in paragraph
			 (1)—
					(A)by striking
			 During fiscal years 2009 through 2014, the and inserting
			 The; and
					(B)by striking
			 in Guam.
					(c)Section and
			 subsection headingsSuch Act is further amended as
			 follows:
				(1)Section 101 (16
			 U.S.C. 670a) is amended—
					(A)by inserting at
			 the beginning the following:

							101.Cooperative
				plan for conservation and
				rehabilitation
							;
					(B)by striking
			 Sec.
			 101.;
					(C)in subsection (d), as redesignated by
			 subsection (a)(2)(D) of this section, by inserting Prohibitions on Sale and Lease of Lands Unless Effects Compatible
			 With Plan.— after (d);
					(D)in subsection (e), as redesignated by
			 subsection (a)(2)(D) of this section, by inserting Implementation and Enforcement of Integrated Natural Resources
			 Management Plans.— after (e);
			 and
					(E)in subsection (f), as redesignated by
			 subsection (a)(2)(D) of this section—
						(i)by
			 inserting Applicability
			 of Other Laws.— after (f); and
						(ii)by
			 inserting a comma after Code.
						(2)Section 102 (16
			 U.S.C. 670b) is amended—
					(A)by inserting at
			 the beginning the following:

							102.Migratory game
				birds; hunting
				permits
							;
					(B)by striking
			 Sec.
			 102. and inserting (a)
			 Integrated Natural Resources
			 Management Plan.—; and
					(C)by striking
			 agency: and all that follows through possession
			 and inserting

							agency.(b)Applicability of
				other lawsPossession
							.
					(3)Section 103a (16
			 U.S.C. 670c–1) is further amended—
					(A)by inserting at
			 the beginning the following:

							103A.Cooperative
				and interagency agreements for land management on
				installations
							;
					(B)by striking
			 Sec.
			 103a.;
					(C)in subsection (a), by inserting
			 Authority of Secretary of
			 Military Department.— after (a);
			 and
					(D)in subsection (c), by inserting
			 Availability of Funds;
			 Agreements Under Other Laws.— after
			 (c).
					(4)Section 104 (16
			 U.S.C. 670d) is amended—
					(A)by inserting at
			 the beginning the following:

							104.Liability for
				funds; accounting to Comptroller
				General
							;

						and(B)by striking
			 Sec.
			 104..
					(5)Section 105 (16
			 U.S.C. 670e) is amended—
					(A)by inserting at
			 the beginning the following:

							105.Applicability
				to other laws; national forest lands
							;

						and(B)by striking
			 Sec.
			 105..
					(6)Section 108 (16
			 U.S.C. 670f) is amended—
					(A)by inserting at
			 the beginning the following:

							108.Appropriations
				and
				expenditures
							;
					(B)by striking
			 Sec.
			 108.;
					(C)in subsection (a), by inserting
			 “Expenditures of collected funds
			 Under Integrated Natural Resources Management Plans.—” after
			 (a);
					(D)in subsection (b), by inserting
			 Authorization of
			 Appropriations to Secretary of Defense.— after
			 (b);
					(E)in subsection (c), by inserting
			 Authorization of
			 Appropriations to Secretary of the Interior.— after
			 (c); and
					(F)in subsection (d), by inserting
			 Use of Other Conservation
			 or Rehabilitation Authorities.— after
			 (d).
					(7)Section 201 (16
			 U.S.C. 670g) is amended—
					(A)by inserting at
			 the beginning the following:

							201.Wildlife, fish,
				and game conservation and rehabilitation
				programs
							;

					(B)by striking
			 Sec.
			 201.;
					(C)in subsection (a), by inserting
			 Programs
			 required.— after (a); and
					(D)in subsection (b), by inserting
			 Implementation of
			 Programs.— after (b).
					(8)Section 202 (16
			 U.S.C. 670h) is amended—
					(A)by inserting at
			 the beginning the following:

							202.Comprehensive
				plans for conservation and rehabilitation
				programs
							;
					(B)by striking
			 Sec.
			 202.;
					(C)in subsection
			 (a), by inserting Development of plans.— after
			 (a);
					(D)in subsection (b),
			 by inserting Consistency
			 with Overall Land Use and Management Plans; Hunting, Trapping, and
			 Fishing.— after (b);
					(E)in subsection (c),
			 by inserting Cooperative
			 Agreements By State Agencies for Implementation of
			 Programs.— after (c); and
					(F)in subsection (d),
			 by inserting State Agency
			 Agreements Not Cooperative Agreements Under Other
			 Provisions.— after (d).
					(9)Section 203 (16
			 U.S.C. 670i) is amended—
					(A)by inserting at
			 the beginning the following:

							203.Public land
				management area stamps for hunting, trapping, and fishing on public lands
				subject to programs
							;

					(B)by striking
			 Sec.
			 203.;
					(C)in subsection (a),
			 by inserting Agreements
			 To require stamps.— after (a);
			 and
					(D)in subsection
			 (b)—
						(i)by inserting
			 Conditions for
			 agreements.— after (b); and
						(ii)by moving
			 paragraph (3) 2 ems to the right, so that the left-hand margin aligns with that
			 of paragraph (2).
						(10)Section 204 (16
			 U.S.C. 670j) is amended—
					(A)by inserting at
			 the beginning the following:

							204.Enforcement
				provisions
							;
					(B)by striking
			 Sec.
			 204.;
					(C)in subsection (a),
			 by inserting Violations
			 and Penalties.— after (a);
					(D)in subsection (b),
			 by inserting Enforcement
			 Powers and proceedings.— after
			 (b);
					(E)in subsection (c),
			 by inserting Seizure and
			 Forfeiture.— after (c); and
					(F)in subsection (d),
			 by inserting Applicability of Customs Laws.— after
			 (d).
					(11)Section 205 (16
			 U.S.C. 670k) is amended—
					(A)by inserting at
			 the beginning the following:

							205.Definitions
							;

						and(B)by striking
			 Sec.
			 205..
					(12)Section 206 (16
			 U.S.C. 670l) is amended—
					(A)by inserting at
			 the beginning the following:

							206.Stamp
				requirements not applicable to Forest Service and Bureau of Land Management
				lands; authorized fees
							;

						and(B)by striking
			 Sec.
			 206..
					(13)Section 207 (16
			 U.S.C. 670m) is amended—
					(A)by inserting at
			 the beginning the following:

							207.Indian rights;
				State or Federal jurisdiction regulating Indian
				rights
							;

						and(B)by striking
			 Sec.
			 207..
					(14)Section 209 (16
			 U.S.C. 670o) is amended—
					(A)by inserting at
			 the beginning the following:

							209.Authorization
				of
				appropriations
							;
					(B)by striking
			 Sec.
			 209.;
					(C)in subsection (a),
			 by inserting Functions
			 and Responsibilities of Secretary of the Interior.—
			 after (a);
					(D)in subsection (b),
			 by inserting Functions
			 and Responsibilities of Secretary of Agriculture.—
			 after (b);
					(E)in subsection (c),
			 by inserting Use of Other
			 Conservation or Rehabilitation Authorities.— after
			 (c); and
					(F)in subsection (d),
			 by inserting Contract
			 Authority.— after (d).
					(d)Codification of
			 change of nameSection 204(b) of such Act (16 U.S.C. 670j) is
			 amended by striking magistrate both places it appears and
			 inserting magistrate judge.
			(e)Repeal of
			 obsolete sectionSection 208 of such Act is repealed, and section
			 209 of such Act (16 U.S.C. 670o) is redesignated as section 208.


116 HR 7877 IH: Lowering Drug Costs for Seniors Act of 2020
U.S. House of Representatives
2020-07-30
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 CONGRESS2d SessionH. R. 7877IN THE HOUSE OF REPRESENTATIVESJuly 30, 2020Mr. Katko (for himself and Mrs. Murphy of Florida) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 concernedA BILLTo amend title XVIII of the Social Security Act to provide Medicare part D beneficiaries with certain offset payments and reduce the growth rate of the Medicare part D out-of-pocket cost threshold, and for other purposes.1.Short titleThis Act may be cited as the Lowering Drug Costs for Seniors Act of 2020. 2.Growth rate of Medicare part D out-of-pocket cost threshold(a)Providing Medicare part D beneficiaries with certain 2020 offset paymentsSection 1860D–2(b)(4) of the Social Security Act (42 U.S.C. 1395w–102(b)(4)) is amended by adding at the end the following new subparagraph:(F)2020 offset payments(i)In generalSubject to clause (iv), the Secretary shall provide for payment from the Medicare Prescription Drug Account as follows:(I)In the case of a specified individual (as defined in clause (ii)(I)) who as of the last day of a calendar quarter in 2020 has incurred costs for covered part D drugs so that the individual has exceeded the annual out-of-pocket threshold applied under subparagraph (B)(i)(V) for 2020, payment to the individual by not later than 15th day of the third month following the end of such quarter of the amount by which such threshold so applied exceeded the target threshold for 2020.(II)In the case of a specified individual who is not described in subclause (I) and who as of the last day of 2020 has incurred costs for covered part D drugs so that the individual has exceeded the target threshold for 2020, payment to the individual by not later than December 31, 2021, of the amount by which such incurred costs exceeded the target threshold for 2020.(ii)DefinitionsFor purposes of this subparagraph:(I)Specified individualThe term specified individual means an individual who—(aa)is enrolled in a prescription drug plan or an MA– PD plan;(bb)is not enrolled in a qualified retiree prescription drug plan; and(cc)is not entitled to an income-related subsidy under section 1860D–14(a).(II)Target threshold for 2020The term target threshold for 2020 means the annual out-of-pocket threshold that would have been applied under subparagraph (B)(i) for 2020 if such threshold had been determined in accordance with subclause (IV) of such subparagraph instead of subclause (V) of such subparagraph.(iii)NotificationIn the case of any specified individual who during 2020 has incurred costs for covered part D drugs so that the individual has exceeded the target threshold for 2020, the Secretary shall, not later than September 30, 2021, provide to such individual a notification informing such individual of such individual’s right to a payment described in clause (i) and the estimated timing of such payment.(iv)ClarificationThe Secretary shall provide only 1 payment under this subparagraph with respect to any individual.(v)ImplementationThe Secretary may implement this subparagraph by program instruction or otherwise..(b)Reduced growth rate for 2021 of Medicare part D out-of-Pocket cost thresholdSection 1860D–2(b)(4)(B)(i) of the Social Security Act (42 U.S.C. 1395w–102(b)(4)(B)(i)) is amended—(1)in subclause (V), by striking at the end or;(2)by redesignating subclause (VI) as subclause (VIII); and(3)by inserting after subclause (V) the following new subclauses:(VI)for 2021, is equal to the amount that would have been applied under this subparagraph for 2020 if such amount had been determined in accordance with subclause (IV) instead of subclause (V), increased by the lesser of—(aa)the annual percentage increase described in paragraph (7) for 2021, plus 2 percentage points; or(bb)the annual percentage increase described in paragraph (6) for 2021;(VII)for 2022, is equal to the amount that would have been applied under this subparagraph for 2022 if the amendments made by section 1101(d)(1) of the Health Care and Education Reconciliation Act of 2010 and by section 2 of the Lowering Drug Costs for Seniors Act of 2020 had not been enacted; or.


116 HR 6154 IH: Crypto-Currency Act of 2020
U.S. House of Representatives
2020-03-09
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 CONGRESS2d SessionH. R. 6154IN THE HOUSE OF REPRESENTATIVESMarch 9, 2020Mr. Gosar introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Agriculture, 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 concernedA BILLTo clarify which Federal agencies regulate digital assets, to require those agencies to notify the public of any Federal licences, certifications, or registrations required to create or trade in such assets, and for other purposes.1.Short titleThis Act may be cited as the Crypto-Currency Act of 2020.2.DefinitionsIn this Act:(1)Crypto-commodityThe term crypto-commodity means economic goods or services, including derivatives, that—(A)have full or substantial fungibility;(B)the markets treat with no regard as to who produced the goods or services; and(C)rest on a blockchain or decentralized cryptographic ledger.(2)Crypto-currencyThe term crypto-currency means representations of United States currency or synthetic derivatives resting on a blockchain or decentralized cryptographic ledger, including—(A)such representations or synthetic derivatives that are reserve-backed digital assets that are fully collateralized in a correspondent banking account, such as stablecoins; and(B)synthetic derivatives that are—(i)determined by decentralized oracles or smart contracts; and(ii)collateralized by crypto-commodities, other crypto-currencies, or crypto-securities.(3)Crypto-security(A)In generalThe term crypto-security means all debt and equity that rest on a blockchain or decentralized cryptographic ledger.(B)ExceptionThe term crypto-security does not include a synthetic derivative that—(i)is operated as, and is registered with the Department of the Treasury as, a money services business (as defined under section 1010.100 of title 31, Code of Federal Regulations); and(ii)is operated in compliance with all applicable requirements of subchapter II of chapter 53 of title 31, United States Code (commonly referred to as the Bank Secrecy Act) and all other Federal anti-money laundering, anti-terrorism, and screening requirements of the Office of Foreign Assets Control and the Financial Crimes Enforcement Network.(4)Decentralized cryptographic ledgerThe term decentralized cryptographic ledger means a ledger that—(A)runs as a stand-alone blockchain that is secured through a minting mechanism such as proof-of-work, proof-of-stake, or otherwise;(B)runs as a cryptographic asset or smart-contract on an existing stand-alone blockchain and is secured through the issuing blockchain minting mechanism;(C)is immutable and can not be overwritten without controlling a majority stake of the associated network;(D)requires a cryptographic link between blocks of transactional data;(E)is permissionless, requiring no third party to transact, only a connection to the internet;(F)is an irreversible bearer commodity, with all transactions being final;(G)is not controllable by any one single entity (defined as having less than half of all nodes controlled by one single entity); and(H)is not directly issued by a nation-state or private entity.(5)Decentralized oracleThe term decentralized oracle means a service that sends and verifies real world data from external sources outside of a blockchain and submits such information to smart contracts that rest on the blockchain, thus triggering the execution of predefined functions of the smart contract.(6)Digital assetThe term digital asset means a crypto-commodity, crypto-currency, or crypto-security.(7)Insured depository institutionThe term insured depository institution has the meaning given such term under section 3 of the Federal Deposit Insurance Act.(8)Primary Federal digital asset regulatorThe term primary Federal digital asset regulator means—(A)the Commodity Futures Trading Commission, with respect to crypto-commodities;(B)the Secretary of the Treasury, acting through the Financial Crimes Enforcement Network, and the Comptroller of the Currency with respect to crypto-currencies; and(C)the Securities and Exchange Commission, with respect to crypto-securities.(9)Reserve-backed stablecoinThe term reserve-backed stablecoin means a digital asset that—(A)is a representation of currency issued by the United States or a foreign government;(B)rests on a blockchain or decentralized cryptographic ledger; and(C)is collateralized on a one-to-one basis by such currency, and such currency is deposited in an insured depository institution.(10)Smart contractThe term smart contract means a computer protocol intended—(A)to digitally facilitate, verify, or enforce the negotiation or performance of a contract; and(B)to allow the performance of credible transactions without third parties.(11)Synthetic stablecoinThe term synthetic stablecoin means a digital asset, other than a reserve-backed stablecoin, that—(A)is stabilized against the value of a currency or other asset; and(B)rests on a blockchain or decentralized cryptographic ledger.3.Establishing areas of primary regulatory oversight for digital assets(a)Crypto-CommoditiesThe Commodity Futures Trading Commission shall be the primary Government agency with the authority to regulate crypto-commodities.(b)Crypto-CurrenciesThe Secretary of the Treasury, acting through the Financial Crimes Enforcement Network, and the Comptroller of the Currency shall be the primary Government agencies with the authority to regulate crypto-currencies (other than synthetic stablecoins).(c)Crypto-SecuritiesThe Securities and Exchange Commission shall be the primary Government agency with the authority to regulate crypto-securities and synthetic stablecoins.4.Registration and public lists of digital asset exchanges(a)Crypto-CommoditiesThe Commodity Futures Trading Commission shall require any exchange trading in crypto-commodities to register with the Commission, and shall maintain a public list of all such exchanges.(b)Crypto-CurrenciesThe Secretary of the Treasury, acting through the Financial Crimes Enforcement Network, shall require any exchange trading in crypto-currencies (other than synthetic stablecoins) to register with the Secretary, and shall maintain a public list of all such exchanges.(c)Crypto-SecuritiesThe Securities and Exchange Commission shall maintain a public list of all registered national securities exchanges trading in crypto-securities or synthetic stablecoins.5.Availability of information to the public on requirements to create or trade in digital assetsEach primary Federal digital asset regulator shall, with respect to digital assets over which it is the primary Federal digital asset regulator, make available to the public (and keep current) a list of all Federal licenses, certifications, or registrations required to create or trade in digital assets.6.Requirements related to crypto-currencies(a)Tracing of transactionsNotwithstanding section 3(c), the Secretary of the Treasury, acting through the Financial Crimes Enforcement Network, shall issue rules to require each crypto-currency (including synthetic stablecoins) to allow for the tracing of transactions in the crypto-currency and persons engaging in such transactions in a manner similar to that required of financial institutions with respect to currency transactions under subchapter II of chapter 53 of title 31, United States Code.(b)Reserve-Backed stablecoin auditsThe Secretary of the Treasury, acting through the Financial Crimes Enforcement Network, shall carry out audits of each reserve-backed stablecoin to ensure that such stablecoin is fully backed by currency issued by the United States or a foreign government.(c)Transition rule for stablecoinsIf an event (including a dilution event, technical hack, or concerted choice) causes a reserve-backed stablecoin to become a synthetic stablecoin or for a synthetic stable to become a reserve-backed stablecoin, the primary Federal digital asset regulator of the stablecoin shall notify the issuer of the stablecoin and the public of such transition.


		II

		109th CONGRESS

		1st Session

		S. 1538

		IN THE SENATE OF THE UNITED

		  STATES

			July 28, 2005

			Mr. Rockefeller

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

			 Committee on

			 Finance

		A BILL

		To amend the Internal Revenue Code of 1986

		  to expand the incentives for the construction and renovation of public

		  schools.

		1.Short titleThis Act may be cited as the

			 America’s Better Classroom Act of

			 2005.

		2.Expansion of

			 incentives for public schools

			(a)In

			 generalChapter 1 of the

			 Internal Revenue Code of 1986 is amended by adding at the end the following new

			 subchapter:

					ZPublic school

				modernization provisions

							Sec. 1400M. Credit to holders

				  of qualified public school modernization bonds.

							Sec. 1400N. Qualified school

				  construction bonds.

							Sec. 1400O. Qualified zone

				  academy bonds.

							Sec. 1400P. Qualified tribal

				  school modernization bonds.

						1400M.Credit to holders

				of qualified public school modernization bonds

							(a)Allowance of

				creditIn the case of a

				taxpayer who holds a qualified public school modernization bond on a credit

				allowance date of such bond which occurs during the taxable year, there shall

				be allowed as a credit against the tax imposed by this chapter for such taxable

				year an amount equal to the sum of the credits determined under subsection (b)

				with respect to credit allowance dates during such year on which the taxpayer

				holds such bond.

							(b)Amount of

				credit

								(1)In

				generalThe amount of the

				credit determined under this subsection with respect to any credit allowance

				date for a qualified public school modernization bond is 25 percent of the

				annual credit determined with respect to such bond.

								(2)Annual

				creditThe annual credit

				determined with respect to any qualified public school modernization bond is

				the product of—

									(A)the applicable credit rate, multiplied

				by

									(B)the outstanding face amount of the

				bond.

									(3)Applicable

				credit rateFor purposes of

				paragraph (1), the applicable credit rate with respect to an issue is the rate

				equal to an average market yield (as of the day before the date of issuance of

				the issue) on outstanding long-term corporate debt obligations (determined

				under regulations prescribed by the Secretary).

								(4)Special rule

				for issuance and redemptionIn the case of a bond which is issued

				during the 3-month period ending on a credit allowance date, the amount of the

				credit determined under this subsection with respect to such credit allowance

				date shall be a ratable portion of the credit otherwise determined based on the

				portion of the 3-month period during which the bond is outstanding. A similar

				rule shall apply when the bond is redeemed.

								(c)Limitation

				based on amount of tax

								(1)In

				generalThe credit allowed

				under subsection (a) for any taxable year shall not exceed the excess

				of—

									(A)the sum of the regular tax liability (as

				defined in section 26(b)) plus the tax imposed by section 55, over

									(B)the sum of the credits allowable under part

				IV of subchapter A (other than subpart C thereof, relating to refundable

				credits).

									(2)Carryover of

				unused creditIf the credit

				allowable under subsection (a) exceeds the limitation imposed by paragraph (1)

				for such taxable year, such excess shall be carried to the succeeding taxable

				year and added to the credit allowable under subsection (a) for such taxable

				year.

								(d)Qualified

				public school modernization bond; credit allowance dateFor purposes of this section—

								(1)Qualified

				public school modernization bondThe term qualified public school

				modernization bond means—

									(A)a qualified zone academy bond,

									(B)a qualified school construction bond,

				and

									(C)a qualified tribal school modernization

				bond.

									(2)Credit

				allowance dateThe term

				credit allowance date means—

									(A)March 15,

									(B)June 15,

									(C)September 15, and

									(D)December 15.

									Such term includes the last day on

				which the bond is outstanding.(e)Other

				definitionsFor purposes of

				this subchapter—

								(1)Local

				educational agencyThe term

				local educational agency has the meaning given to such term by

				section 9101 of the Elementary and Secondary

				Education Act of 1965. Such term includes the local educational

				agency that serves the District of Columbia but does not include any other

				State agency.

								(2)BondThe term bond includes any

				obligation.

								(3)StateThe term State includes the

				District of Columbia and any possession of the United States.

								(4)Public school

				facilityThe term

				public school facility shall not include—

									(A)any stadium or other facility primarily

				used for athletic contests or exhibitions or other events for which admission

				is charged to the general public, or

									(B)any facility which is not owned by a State

				or local government or any agency or instrumentality of a State or local

				government.

									(f)Credit included

				in gross incomeGross income

				includes the amount of the credit allowed to the taxpayer under this section

				(determined without regard to subsection (c)) and the amount so included shall

				be treated as interest income.

							(g)Recapture of

				portion of credit where cessation of compliance

								(1)In

				generalIf any bond which

				when issued purported to be a qualified public school modernization bond ceases

				to be a qualified public school modernization bond, the issuer shall pay to the

				United States (at the time required by the Secretary) an amount equal to the

				sum of—

									(A)the aggregate of the credits allowable

				under this section with respect to such bond (determined without regard to

				subsection (c)) for taxable years ending during the calendar year in which such

				cessation occurs and the 2 preceding calendar years, and

									(B)interest at the underpayment rate under

				section 6621 on the amount determined under subparagraph (A) for each calendar

				year for the period beginning on the first day of such calendar year.

									(2)Failure to

				payIf the issuer fails to

				timely pay the amount required by paragraph (1) with respect to such bond, the

				tax imposed by this chapter on each holder of any such bond which is part of

				such issue shall be increased (for the taxable year of the holder in which such

				cessation occurs) by the aggregate decrease in the credits allowed under this

				section to such holder for taxable years beginning in such 3 calendar years

				which would have resulted solely from denying any credit under this section

				with respect to such issue for such taxable years.

								(3)Special

				rules

									(A)Tax benefit

				ruleThe tax for the taxable

				year shall be increased under paragraph (2) only with respect to credits

				allowed by reason of this section which were used to reduce tax liability. In

				the case of credits not so used to reduce tax liability, the carryforwards and

				carrybacks under section 39 shall be appropriately adjusted.

									(B)No credits

				against taxAny increase in

				tax under paragraph (2) shall not be treated as a tax imposed by this chapter

				for purposes of determining—

										(i)the amount of any credit allowable under

				this part, or

										(ii)the amount of the tax imposed by section

				55.

										(h)Bonds held by

				regulated investment companiesIf any qualified public school

				modernization bond is held by a regulated investment company, the credit

				determined under subsection (a) shall be allowed to shareholders of such

				company under procedures prescribed by the Secretary.

							(i)Credits may be

				strippedUnder regulations

				prescribed by the Secretary—

								(1)In

				generalThere may be a

				separation (including at issuance) of the ownership of a qualified public

				school modernization bond and the entitlement to the credit under this section

				with respect to such bond. In case of any such separation, the credit under

				this section shall be allowed to the person who on the credit allowance date

				holds the instrument evidencing the entitlement to the credit and not to the

				holder of the bond.

								(2)Certain rules

				to applyIn the case of a

				separation described in paragraph (1), the rules of section 1286 shall apply to

				the qualified public school modernization bond as if it were a stripped bond

				and to the credit under this section as if it were a stripped coupon.

								(j)Treatment for

				estimated tax purposesSolely

				for purposes of sections 6654 and 6655, the credit allowed by this section to a

				taxpayer by reason of holding a qualified public school modernization bonds on

				a credit allowance date shall be treated as if it were a payment of estimated

				tax made by the taxpayer on such date.

							(k)Credit may be

				transferredNothing in any

				law or rule of law shall be construed to limit the transferability of the

				credit allowed by this section through sale and repurchase agreements.

							(l)ReportingIssuers of qualified public school

				modernization bonds shall submit reports similar to the reports required under

				section 149(e).

							(m)TerminationThis section shall not apply to any bond

				issued after September 30, 2007 (December 31, 2012, in the case of any

				qualified tribal school modernization bond).

							1400N.Qualified school

				construction bonds

							(a)Qualified

				school construction bondFor

				purposes of this subchapter, the term qualified school construction

				bond means any bond issued as part of an issue if—

								(1)95 percent or more of the proceeds of such

				issue are to be used for the construction, rehabilitation, or repair of a

				public school facility or for the acquisition of land on which such a facility

				is to be constructed with part of the proceeds of such issue,

								(2)the bond is issued by a State or local

				government within the jurisdiction of which such school is located,

								(3)the issuer designates such bond for

				purposes of this section, and

								(4)the term of each bond which is part of such

				issue does not exceed 15 years.

								(b)Limitation on

				amount of bonds designatedThe maximum aggregate face amount of bonds

				issued during any calendar year which may be designated under subsection (a) by

				any issuer shall not exceed the limitation amount allocated under subsection

				(d) for such calendar year to such issuer.

							(c)National

				limitation on amount of bonds designatedThere is a national qualified school

				construction bond limitation for each calendar year. Such limitation is—

								(1)$11,000,000,000 for 2006,

								(2)$11,000,000,000 for 2007, and

								(3)except as provided in subsection (f), zero

				after 2007.

								(d)Limitation

				allocated among States

								(1)In

				generalThe limitation

				applicable under subsection (c) for any calendar year shall be allocated by the

				Secretary among the States in proportion to the respective amounts each such

				State received for basic grants under section 1124 of the

				Elementary and Secondary Education Act of

				1965 for the most recent fiscal year ending before such calendar

				year. The limitation amount allocated to a State under the preceding sentence

				shall be allocated by the State to issuers within such State.

								(2)Minimum

				allocations to States

									(A)In

				generalThe Secretary shall

				adjust the allocations under this subsection for any calendar year for each

				State to the extent necessary to ensure that the amount allocated to such State

				under this subsection for such year is not less than an amount equal to such

				State’s minimum percentage of the amount to be allocated under paragraph (1)

				for the calendar year.

									(B)Minimum

				percentageA State’s minimum

				percentage for any calendar year is the minimum percentage described in section

				1124(d) of the Elementary and Secondary

				Education Act of 1965 for such State for the most recent fiscal year

				ending before such calendar year.

									(3)Allocations to

				certain possessionsThe

				amount to be allocated under paragraph (1) to any possession of the United

				States other than Puerto Rico shall be the amount which would have been

				allocated if all allocations under paragraph (1) were made on the basis of

				respective populations of individuals below the poverty line (as defined by the

				Office of Management and Budget). In making other allocations, the amount to be

				allocated under paragraph (1) shall be reduced by the aggregate amount

				allocated under this paragraph to possessions of the United States.

								(e)Carryover of

				unused limitationIf for any

				calendar year—

								(1)the amount allocated under subsection (d)

				to any State, exceeds

								(2)the amount of bonds issued during such year

				which are designated under subsection (a) pursuant to such allocation, the

				limitation amount under such subsection for such State for the following

				calendar year shall be increased by the amount of such excess. A similar rule

				shall apply to the amounts allocated under subsection (d)(4).

								(f)Special rules

				relating to arbitrage

								(1)In

				generalA bond shall not be

				treated as failing to meet the requirement of subsection (a)(1) solely by

				reason of the fact that the proceeds of the issue of which such bond is a part

				are invested for a temporary period (but not more than 36 months) until such

				proceeds are needed for the purpose for which such issue was issued.

								(2)Binding

				commitment requirementParagraph (1) shall apply to an issue only

				if, as of the date of issuance, there is a reasonable expectation that—

									(A)at least 10 percent of the proceeds of the

				issue will be spent within the 6-month period beginning on such date for the

				purpose for which such issue was issued, and

									(B)the remaining proceeds of the issue will be

				spent with due diligence for such purpose.

									(3)Earnings on

				proceedsAny earnings on

				proceeds during the temporary period shall be treated as proceeds of the issue

				for purposes of applying subsection (a)(1) and paragraph (1) of this

				subsection.

								1400O.Qualified zone

				academy bonds

							(a)Qualified zone

				academy bondFor purposes of

				this subchapter—

								(1)In

				generalThe term

				qualified zone academy bond means any bond issued as part of an

				issue if—

									(A)95 percent or more of the proceeds of such

				issue are to be used for a qualified purpose with respect to a qualified zone

				academy established by a local educational agency,

									(B)the bond is issued by a State or local

				government within the jurisdiction of which such academy is located,

									(C)the issuer—

										(i)designates such bond for purposes of this

				section,

										(ii)certifies that it has written assurances

				that the private business contribution requirement of paragraph (2) will be met

				with respect to such academy, and

										(iii)certifies that it has the written approval

				of the local educational agency for such bond issuance, and

										(D)the term of each bond which is part of such

				issue does not exceed 15 years.

									Rules similar to the rules of section

				1400N(f) shall apply for purposes of subparagraph (A).(2)Private

				business contribution requirement

									(A)In

				generalFor purposes of

				paragraph (1), the private business contribution requirement of this paragraph

				is met with respect to any issue if the local educational agency that

				established the qualified zone academy has written commitments from private

				entities to make qualified contributions having a present value (as of the date

				of issuance of the issue) of not less than 10 percent of the proceeds of the

				issue.

									(B)Qualified

				contributionsFor purposes of

				subparagraph (A), the term qualified contribution means any

				contribution (of a type and quality acceptable to the local educational agency)

				of—

										(i)equipment for use in the qualified zone

				academy (including state-of-the-art technology and vocational

				equipment),

										(ii)technical assistance in developing

				curriculum or in training teachers in order to promote appropriate market

				driven technology in the classroom,

										(iii)services of employees as volunteer

				mentors,

										(iv)internships, field trips, or other

				educational opportunities outside the academy for students, or

										(v)any other property or service specified by

				the local educational agency.

										(3)Qualified zone

				academyThe term

				qualified zone academy means any public school (or academic

				program within a public school) which is established by and operated under the

				supervision of a local educational agency to provide education or training

				below the postsecondary level if—

									(A)such public school or program (as the case

				may be) is designed in cooperation with business to enhance the academic

				curriculum, increase graduation and employment rates, and better prepare

				students for the rigors of college and the increasingly complex

				workforce,

									(B)students in such public school or program

				(as the case may be) will be subject to the same academic standards and

				assessments as other students educated by the local educational agency,

									(C)the comprehensive education plan of such

				public school or program is approved by the local educational agency,

				and

									(D)(i)such public school is located in an

				empowerment zone or enterprise community (including any such zone or community

				designated after the date of the enactment of this section), or

										(ii)there is a reasonable expectation (as of

				the date of issuance of the bonds) that at least 35 percent of the students

				attending such school or participating in such program (as the case may be)

				will be eligible for free or reduced-cost lunches under the school lunch

				program established under the Richard B. Russell National School Lunch Act.

										(4)Qualified

				purposeThe term

				qualified purpose means, with respect to any qualified zone

				academy—

									(A)constructing, rehabilitating, or repairing

				the public school facility in which the academy is established,

									(B)acquiring the land on which such facility

				is to be constructed with part of the proceeds of such issue,

									(C)providing equipment for use at such

				academy,

									(D)developing course materials for education

				to be provided at such academy, and

									(E)training teachers and other school

				personnel in such academy.

									(b)Limitations on

				amount of bonds designated

								(1)In

				generalThere is a national

				zone academy bond limitation for each calendar year. Such limitation is—

									(A)$400,000,000 for 1998,

									(B)$400,000,000 for 1999,

									(C)$400,000,000 for 2000,

									(D)$400,000,000 for 2001,

									(E)$400,000,000 for 2002,

									(F)$400,000,000 for 2003,

									(G)$400,000,000 for 2004,

									(H)$400,000,000 for 2005,

									(I)$1,400,000 for 2006,

									(J)$1,400,000 for 2007, and

									(K)except as provided in paragraph (3), zero

				after 2007.

									(2)Allocation of

				limitation

									(A)Allocation

				among States

										(i)1998, 1999,

				2000, 2001, 2002, 2003, 2004, and 2005 limitationsThe

				national zone academy bond limitations for calendar years 1998, 1999, 2000,

				2001, 2002, 2003, 2004, and 2005 shall be allocated by the Secretary among the

				States on the basis of their respective populations of individuals below the

				poverty line (as defined by the Office of Management and Budget).

										(ii)Limitation

				after 2005The national zone

				academy bond limitation for any calendar year after 2005 shall be allocated by

				the Secretary among the States in proportion to the respective amounts each

				such State received for basic grants under section 1124 of the

				Elementary and Secondary Education Act of

				1965 for the most recent fiscal year ending before such calendar

				year.

										(B)Allocation to

				local educational agenciesThe limitation amount allocated to a State

				under subparagraph (A) shall be allocated by the State to qualified zone

				academies within such State.

									(C)Designation

				subject to limitation amountThe maximum aggregate face amount of bonds

				issued during any calendar year which may be designated under subsection (a)

				with respect to any qualified zone academy shall not exceed the limitation

				amount allocated to such academy under subparagraph (B) for such calendar

				year.

									(3)Carryover of

				unused limitationIf for any

				calendar year—

									(A)the limitation amount under this subsection

				for any State, exceeds

									(B)the amount of bonds issued during such year

				which are designated under subsection (a) (or the corresponding provisions of

				prior law) with respect to qualified zone academies within such State, the

				limitation amount under this subsection for such State for the following

				calendar year shall be increased by the amount of such excess.

									1400P.Qualified tribal

				school modernization bonds

							(a)Qualified

				tribal school modernization bondFor purposes of this subchapter—

								(1)In

				generalThe term

				qualified tribal school modernization bond means, subject to

				paragraph (2), any bond issued as part of an issue under section 3(c) of the

				America’s Better Classroom Act of 2005, as in effect on the date of the

				enactment of this section, if—

									(A)95 percent or more of the proceeds of such

				issue are to be used for the construction, rehabilitation, or repair of a

				school facility funded by the Bureau of Indian Affairs of the Department of the

				Interior or for the acquisition of land on which such a facility is to be

				constructed with part of the proceeds of such issue,

									(B)the bond is issued by an Indian

				tribe,

									(C)the issuer designates such bond for

				purposes of this section, and

									(D)the term of each bond which is part of such

				issue does not exceed 15 years.

									(2)National

				limitation on amount of bonds designated

									(A)National

				limitationThere is a

				national qualified tribal school modernization bond limitation for each

				calendar year. Such limitation is—

										(i)$200,000,000 for 2006,

										(ii)$200,000,000 for 2007, and

										(iii)zero after 2007.

										(B)Allocation of

				limitationThe national

				qualified tribal school modernization bond limitation shall be allocated to

				Indian tribes by the Secretary of the Interior subject to the provisions of

				section 3 of the America’s Better Classroom Act of 2005, as in effect on the

				date of the enactment of this section.

									(C)Designation

				subject to limitation amountThe maximum aggregate face amount of bonds

				issued during any calendar year which may be designated under paragraph (1)

				with respect to any Indian tribe shall not exceed the limitation amount

				allocated to such government under subparagraph (B) for such calendar

				year.

									(D)Carryover of

				unused limitationIf for any

				calendar year—

										(i)the limitation amount under this paragraph,

				exceeds

										(ii)the amount of qualified tribal school

				modernization bonds issued during such year, the limitation amount under this

				paragraph for the following calendar year shall be increased by the amount of

				such excess. The preceding sentence shall not apply if such following calendar

				year is after 2014.

										(b)TribeFor purposes of this section, the term

				tribe has the meaning given the term Indian tribal

				government by section 7701(a)(40), including the application of section

				7871(d). Such term includes any consortium of tribes approved by the Secretary

				of the

				Interior.

							.

			(b)ReportingSubsection (d) of section 6049 of the

			 Internal Revenue Code of 1986 (relating to returns regarding payments of

			 interest) is amended by adding at the end the following new paragraph:

					(8)Reporting of

				credit on qualified public school modernization bonds

						(A)In

				generalFor purposes of

				subsection (a), the term interest includes amounts includible in

				gross income under section 1400M(f) and such amounts shall be treated as paid

				on the credit allowance date (as defined in section 1400M(d)(2)).

						(B)Reporting to

				corporations, etcExcept as

				otherwise provided in regulations, in the case of any interest described in

				subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be

				applied without regard to subparagraphs (A), (H), (I), (J), (K), and

				(L)(i).

						(C)Regulatory

				authorityThe Secretary may

				prescribe such regulations as are necessary or appropriate to carry out the

				purposes of this paragraph, including regulations which require more frequent

				or more detailed

				reporting.

						.

			(c)Conforming

			 amendments

				(1)Subchapter U of chapter 1 of the Internal

			 Revenue Code of 1986 is amended by striking part IV, by redesignating part V as

			 part IV, and by redesignating section 1397F as section 1397E.

				(2)The table of subchapters for chapter 1 of

			 such Code is amended by adding at the end the following new item:

							Subchapter Z. Public school

				modernization

				provisions.

						.

				(3)The table of parts of subchapter U of

			 chapter 1 of such Code is amended by striking the last 2 items and inserting

			 the following new item:

							Part IV.

				Regulations.

						.

				(d)Sovereign

			 immunityThis section and the

			 amendments made by this section shall not be construed to impact, limit, or

			 affect the sovereign immunity of the Federal Government or any State or tribal

			 government.

			(e)Effective

			 dates

				(1)In

			 generalExcept as otherwise

			 provided in this subsection, the amendments made by this section shall apply to

			 obligations issued after December 31, 2005.

				(2)Repeal of

			 restriction on zone academy bond holdersIn the case of bonds to which section 1397E

			 of the Internal Revenue Code of 1986 (as in effect before the date of the

			 enactment of this Act) applies, the limitation of such section to eligible

			 taxpayers (as defined in subsection (d)(6) of such section) shall not apply

			 after the date of the enactment of this Act.

				3.Indian school

			 construction

			(a)DefinitionsIn this section:

				(1)BureauThe term Bureau means the

			 Bureau of Indian Affairs of the Department.

				(2)DepartmentThe term Department means the

			 Department of the Interior.

				(3)Escrow

			 accountThe term escrow

			 account means the tribal school modernization escrow account established

			 under subsection (b)(6)(B)(i).

				(4)IndianThe term Indian means any

			 individual who is a member of an Indian tribe.

				(5)Indian

			 tribe

					(A)In

			 generalThe term Indian

			 tribe has the meaning given the term Indian tribal

			 government by section 7701(a)(40) of the Internal Revenue Code of 1986

			 (including the application of section 7871(d) of that Code).

					(B)InclusionThe term Indian tribe includes

			 a consortium of Indian tribes approved by the Secretary.

					(6)SecretaryThe term Secretary means the

			 Secretary of the Interior.

				(7)Tribal

			 schoolThe term tribal

			 school means an elementary school, secondary school, or dormitory

			 that—

					(A)is operated by a tribal organization or the

			 Bureau for the education of Indian children; and

					(B)under a contract, a grant, or an agreement,

			 or for a Bureau-operated school, receives financial assistance to pay the costs

			 of operation from funds made available under—

						(i)section 102, 103(a), or 208 of the

			 Indian Self-Determination and Education

			 Assistance Act (25 U.S.C. 450f, 450h(a), 458d);

			 or

						(ii)the Tribally Controlled Schools Act of 1988

			 (25 U.S.C.

			 2501 et seq.).

						(b)Issuance of

			 bonds

				(1)In

			 generalThe Secretary shall

			 establish a pilot program under which eligible Indian tribes may issue

			 qualified tribal school modernization bonds to provide funding for the

			 construction, rehabilitation, or repair of tribal schools (including the

			 advance planning and design of tribal schools).

				(2)Eligibility

					(A)In

			 generalTo be eligible to

			 issue any qualified tribal school modernization bond under the program under

			 paragraph (1), an Indian tribe shall—

						(i)prepare and submit to the Secretary a plan

			 of construction that meets the requirements of subparagraph (B);

						(ii)provide for quarterly and final inspection

			 of the project by the Bureau; and

						(iii)pledge that the facilities financed by the

			 bond will be used primarily for elementary and secondary educational purposes

			 for not less than the period during which the bond remains outstanding.

						(B)Plan of

			 constructionA plan of

			 construction referred to in subparagraph (A)(i) meets the requirements of this

			 subparagraph if the plan—

						(i)contains a description of the construction

			 to be carried out with funding provided under a qualified tribal school

			 modernization bond;

						(ii)demonstrates that a comprehensive survey

			 has been completed to determine the construction needs of the tribal school

			 involved;

						(iii)contains assurances that funding under the

			 bond will be used only for the activities described in the plan;

						(iv)contains a response to the evaluation

			 criteria contained in Instructions and Application for Replacement School

			 Construction, Revision 6, dated February 6, 1999; and

						(v)contains any other reasonable and related

			 information determined to be appropriate by the Secretary.

						(C)PriorityIn determining whether an Indian tribe is

			 eligible to participate in the program under this subsection, the Secretary

			 shall give priority to an Indian tribe that, as demonstrated by the relevant

			 plans of construction, will fund projects—

						(i)described in the Education Facilities

			 Replacement Construction Priorities List, as of fiscal year 2000, of the Bureau

			 (65 Fed. Reg. 4623);

						(ii)described in any subsequent priorities list

			 published in the Federal Register; or

						(iii)that meet the criteria for ranking schools

			 as described in Instructions and Application for Replacement School

			 Construction, Revision 6, dated February 6, 1999.

						(D)Advance

			 planning and design funding

						(i)In

			 generalAn Indian tribe may

			 propose in the plan of construction of the Indian tribe to receive advance

			 planning and design funding from the escrow account.

						(ii)Conditions on

			 allocation of fundsAs a

			 condition to the allocation to an Indian tribe of advance planning and design

			 funds from the escrow account under clause (i), the Indian tribe shall

			 agree—

							(I)to issue qualified tribal school

			 modernization bonds after the date of receipt of the funds; and

							(II)as a condition of each bond issuance, that

			 the Indian tribe will deposit into the escrow account, or a fund managed by the

			 trustee as described in paragraph (4)(C), an amount equal to the amount of

			 funds received from the escrow account.

							(3)Permissible

			 activitiesIn addition to the

			 use of funds permitted under paragraph (1), an Indian tribe may use amounts

			 received through the issuance of a qualified tribal school modernization

			 bond—

					(A)to enter into and make payments under

			 contracts with licensed and bonded architects, engineers, and construction

			 firms—

						(i)to determine the needs of the tribal

			 school; and

						(ii)for the design and engineering of the

			 tribal school;

						(B)enter into and make payments under

			 contracts with financial advisers, underwriters, attorneys, trustees, and other

			 professionals who would be able to provide assistance to the Indian tribe in

			 issuing bonds; and

					(C)carry out other activities determined to be

			 appropriate by the Secretary.

					(4)Bond

			 trustee

					(A)In

			 generalNotwithstanding any

			 other provision of law, any qualified tribal school modernization bond issued

			 by an Indian tribe under this subsection shall be subject to a trust agreement

			 between the Indian tribe and a trustee.

					(B)TrusteeAny bank or trust company that meets

			 requirements established by the Secretary may be designated as a trustee under

			 subparagraph (A).

					(C)Content of

			 trust agreementA trust

			 agreement entered into by an Indian tribe under this paragraph shall specify

			 that the trustee, with respect to any bond issued under this subsection,

			 shall—

						(i)act as a repository for the proceeds of the

			 bond;

						(ii)make payments to bondholders;

						(iii)receive, as a condition to the issuance of

			 the bond, a transfer of funds from the escrow account, or from other funds

			 furnished by or on behalf of the Indian tribe, in an amount that (including

			 interest earnings from the investment of the funds in obligations of, or fully

			 guaranteed by, the United States, or from other investments authorized by

			 paragraph (10)) will produce funds sufficient to timely pay in full the entire

			 principal amount of the bond on the stated maturity date of the bond;

						(iv)invest the funds transferred under clause

			 (iii) in an investment described in that clause; and

						(v)(I)hold and invest the funds transferred under

			 clause (iii) in a segregated fund or account under the agreement; and

							(II)use the fund or account solely for payment

			 of the costs of items described in paragraph (3).

							(D)Requirements

			 for making direct payments

						(i)Payments

							(I)In

			 generalNotwithstanding any

			 other provision of law, the trustee shall make any payment referred to in

			 subparagraph (C)(v) in accordance with such requirements as the Indian tribe

			 shall prescribe in the trust agreement entered into under subparagraph

			 (C).

							(II)InspectionBefore making a payment for a project to a

			 contractor under subparagraph (C)(v), to ensure completion of the project, the

			 trustee shall require an inspection of the project by—

								(aa)a local financial institution; or

								(bb)an independent inspecting architect or

			 engineer.

								(ii)ContractsEach contract referred to in paragraph (3)

			 shall specify, or be renegotiated to specify, that payments under the contract

			 shall be made in accordance with this paragraph.

						(5)Payments of

			 principal and interest

					(A)Principal

						(i)In

			 generalNo principal payment

			 on any qualified tribal school modernization bond shall be required under this

			 subsection until the final, stated date on which the bond reaches

			 maturity.

						(ii)Maturity;

			 outstanding principalWith

			 respect to a qualified tribal school modernization bond issued under this

			 subsection—

							(I)the bond shall reach maturity not later

			 than 15 years after the date of issuance of the bond; and

							(II)on the date on which the bond reaches

			 maturity, the entire outstanding principal under the bond shall become due and

			 payable.

							(B)InterestThere shall be awarded a tax credit under

			 section 1400M of the Internal Revenue Code of 1986 in lieu of interest on a

			 qualified tribal school modernization bond issued under this subsection.

					(6)Bond

			 guarantees

					(A)In

			 generalPayment of the

			 principal portion of a qualified tribal school modernization bond issued under

			 this subsection shall be guaranteed solely by amounts deposited with each

			 respective bond trustee as described in paragraph (4)(C)(iii).

					(B)Establishment

			 of account

						(i)In

			 generalNotwithstanding any

			 other provision of law, the Secretary may—

							(I)establish a tribal school modernization

			 escrow account; and

							(II)beginning in fiscal year 2006, from amounts

			 made available for school replacement under the construction account of the

			 Bureau, deposit not more than $30,000,000 for each fiscal year into the escrow

			 account.

							(ii)Transfers of

			 excess proceedsExcess

			 proceeds held under any trust agreement that are not needed for any of the

			 purposes described in clauses (iii) and (v) of paragraph (4)(C) shall be

			 transferred, from time to time, by the trustee for deposit into the escrow

			 account.

						(iii)PaymentsThe Secretary shall use any amounts

			 deposited in the escrow account under clauses (i) and (ii)—

							(I)to make payments to trustees appointed and

			 acting in accordance with paragraph (4); or

							(II)to make payments described in paragraph

			 (2)(D).

							(7)Limitations

					(A)Obligation to

			 repay

						(i)In

			 generalNotwithstanding any

			 other provision of law, the principal amount on any qualified tribal school

			 modernization bond issued under this subsection shall be repaid only to the

			 extent of any escrowed funds provided under paragraph (4)(C)(iii).

						(ii)No

			 guaranteeNo qualified tribal

			 school modernization bond issued by an Indian tribe under this subsection shall

			 be an obligation of, and no payment of the principal of such a bond shall be

			 guaranteed by—

							(I)the United States;

							(II)the Indian tribe; or

							(III)the tribal school for which the bond was

			 issued.

							(B)Land and

			 facilitiesNo land or

			 facility purchased or improved with amounts derived from a qualified tribal

			 school modernization bond issued under this subsection shall be mortgaged or

			 used as collateral for the bond.

					(8)Sale of

			 bondsA qualified tribal

			 school modernization bond may be sold at a purchase price equal to, in excess

			 of, or at a discount from, the par amount of the bond.

				(9)Treatment of

			 trust agreement earningsNo

			 amount earned through the investment of funds under the control of a trustee

			 under any trust agreement described in paragraph (4) shall be subject to

			 Federal income taxation.

				(10)Investment of

			 sinking fundsA sinking fund

			 established for the purpose of the payment of principal on a qualified tribal

			 school modernization bond issued under this subsection shall be invested

			 in—

					(A)obligations issued by or guaranteed by the

			 United States; or

					(B)such other assets as the Secretary of the

			 Treasury may by regulation allow.

					4.Application of certain

			 labor standards on construction projects financed under public school

			 modernization programSection

			 439 of the General Education Provisions Act (20 U.S.C. 1232b) is

			 amended—

			(1)by inserting (a) before

			 All laborers and mechanics, and

			(2)by adding at the end the following new

			 subsection:

					(b)(1)For purposes of this section, the term

				applicable program also includes the qualified zone academy bond

				provisions enacted by section 226 of the Taxpayer Relief Act of 1997 and the

				program established by section 2 of the America’s Better Classroom Act of

				2005.

						(2)A

				State or local government participating in a program described in paragraph (1)

				shall—

							(A)in

				the awarding of contracts, give priority to contractors with substantial

				numbers of employees residing in the local education area to be served by the

				school being constructed; and

							(B)include in the construction contract for

				such school a requirement that the contractor give priority in hiring new

				workers to individuals residing in such local education area.

							(3)In the case of a program described in

				paragraph (1), nothing in this subsection or subsection (a) shall be construed

				to deny any tax credit allowed under such program. If amounts are required to

				be withheld from contractors to pay wages to which workers are entitled, such

				amounts shall be treated as expended for construction purposes in determining

				whether the requirements of such program are

				met.

						.

			5.Employment and

			 training activities relating to construction or reconstruction of public school

			 facilities

			(a)In

			 generalSection 134 of the

			 Workforce Investment Act of 1998 (29 U.S.C. 2864) is amended by

			 adding at the end the following new subsection:

					(f)Local

				employment and training activities relating to construction or reconstruction

				of public school facilities

						(1)In

				generalIn order to provide

				training services related to construction or reconstruction of public school

				facilities receiving funding assistance under an applicable program, each State

				shall establish a specialized program of training meeting the following

				requirements:

							(A)The specialized program provides training

				for jobs in the construction industry.

							(B)The program provides trained workers for

				projects for the construction or reconstruction of public school facilities

				receiving funding assistance under an applicable program.

							(C)The program ensures that skilled workers

				(residing in the area to be served by the school facilities) will be available

				for the construction or reconstruction work.

							(2)CoordinationThe specialized program established under

				paragraph (1) shall be integrated with other activities under this Act, with

				the activities carried out under the National Apprenticeship Act of 1937 by the

				State Apprenticeship Council or through the Bureau of Apprenticeship and

				Training in the Department of Labor, as appropriate, and with activities

				carried out under the Carl D. Perkins Vocational and Technical Education Act of

				1998. Nothing in this subsection shall be construed to require services

				duplicative of those referred to in the preceding sentence.

						(3)Applicable

				programIn this subsection,

				the term applicable program has the meaning given the term in

				section 439(b) of the General Education Provisions Act (relating to labor

				standards).

						.

			(b)State

			 planSection 112(b)(17)(A) of

			 the Workforce Investment Act of 1998 (29 U.S.C. 2822(b)(17)(A))

			 is amended—

				(1)in clause (iii), by striking

			 and at the end;

				(2)by redesignating clause (iv) as clause (v);

			 and

				(3)by inserting after clause (iii) the

			 following new clause:

						(iv)how the State will establish and carry out

				a specialized program of training under section 134(f);

				and

						.


109 HRES 1103 IH: Expressing the sense of the House of

U.S. House of Representatives
2006-12-07
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.

		IV
		109th CONGRESS
		2d Session
		H. RES. 1103
		IN THE HOUSE OF REPRESENTATIVES

			December 7, 2006
			Ms. Lee (for herself
			 and Mr. Lewis of Georgia) submitted
			 the following resolution; which was referred to the
			 Committee on International
			 Relations

		RESOLUTION
		Expressing the sense of the House of
		  Representatives regarding modern-day slavery.

		Whereas modern-day slavery includes chattel slavery, human
			 trafficking, indentured or bonded labor, forced labor, forced marriage, and the
			 worst forms of child labor;
		Whereas the United States outlawed slavery and involuntary
			 servitude in 1865, recognizing that those evil institutions must be
			 abolished;
		Whereas Article 1 of the 1956 Supplementary
			 Convention on the Abolition of Slavery, the Slave Trade and Institutions and
			 Practices Similar to Slavery states that [e]ach of the States Parties to
			 this Convention shall take all practicable and necessary legislative and other
			 measures to bring about progressively and as soon as possible the complete
			 abolition or abandonment of the following institutions and practices, where
			 they still exist and whether or not they are covered by the definition of
			 slavery contained in Article 1 of the Slavery Convention signed at Geneva on 25
			 September 1926;
		Whereas Article 1 of the 1956 Supplementary Convention on
			 the Abolition of Slavery further states that such institutions and practices of
			 slavery include—
			(1)debt
			 bondage;
			(2)serfdom;
			(3)[a]ny institution or practice
			 whereby: (i) [a]woman, without the right to refuse, is promised or given in
			 marriage on payment of a consideration in money or in kind to her parents,
			 guardian, family or any other person or group; or (ii) [t]he husband of a
			 woman, his family, or his clan, has the right to transfer her to another person
			 for value received or otherwise; or (iii) [a] woman on the death of her husband
			 is liable to be inherited by another person;; and
			(4)[a]ny
			 institution or practice whereby a child or young person under the age of 18
			 years, is delivered by either or both of his natural parents or by his guardian
			 to another person, whether for reward or not, with a view to the exploitation
			 of the child or young person or of his labour.;
			Whereas Article 6 of the 1956 Supplementary Convention on
			 the Abolition of Slavery states that [t]he act of enslaving another
			 person or of inducing another person to give himself or a person dependent upon
			 him into slavery, or of attempting these acts, or being accessory thereto, or
			 being a party to a conspiracy to accomplish any such acts, shall be a criminal
			 offence under the laws of the States Parties to this Convention and persons
			 convicted thereof shall be liable to punishment;
		Whereas in the 21st century as many as 27 million people
			 are suffering as slaves throughout the world and in the United States;
		Whereas modern-day slavery strips human beings of dignity,
			 respect, and hope for their future;
		Whereas no country or people are immune from the effects
			 of modern-day slavery;
		Whereas the Trafficking Victims Protection Act of 2000 (22
			 U.S.C. 7101 et seq.) states that the Declaration of Independence recognizes the
			 inherent dignity and worth of all people and states that all men are created
			 equal and are endowed by their Creator with certain unalienable rights,
			 including the right to be free from slavery and involuntary servitude;
		Whereas trafficking in persons involves the following:
			 The use of force, fraud, or coercion to exploit a person for commercial
			 sex or for the purpose of subjecting a victim to involuntary servitude, debt
			 bondage, or forced labor. The use of force or coercion can be direct and
			 violent, or psychological.;
		Whereas an estimated 800,000 persons are trafficked across
			 international borders each year;
		Whereas approximately 80 percent of victims are female and
			 an estimated 40 to 50 percent of victims are children;
		Whereas many of the victims are trafficked into the
			 international sex trade, which includes sexual exploitation of persons
			 involving activities including prostitution, pornography, sex tourism, and
			 other commercial sexual services;
		Whereas an estimated 18,000 to 20,000 victims are
			 trafficked into the United States each year;
		Whereas global profits from trafficked forced labor totals
			 an estimated $31.6 billion annually;
		Whereas the Department of Health and Human Services states
			 that human trafficking is the second largest criminal industry
			 worldwide;
		Whereas Article 1 of the 1956 Supplementary
			 Convention on the Abolition of Slavery defines indentured or bonded labor as
			 the status or condition arising from a pledge by a debtor of his [or
			 her] personal services or of those of a person under his [or her] control as
			 security for a debt, if the value of those services as reasonably assessed is
			 not applied towards the liquidation of the debt or the length and nature of
			 those services are not respectively limited and defined;
		Whereas bonded labor can hardly be distinguished from
			 traditional slavery because it prevents the victim from leaving his or her job
			 until the debt is repaid;
		Whereas the borrower is usually in a situation where he or
			 she is never able to repay the debt, and consequently the bonded laborer’s
			 children inherit the debt in which people are enslaved from generation to
			 generation;
		Whereas bonded labor affects at least 20 million people
			 around the world;
		Whereas International Labor Organization (ILO) Convention
			 No. 105 on the Abolition of Forced Labor prohibits the use of any form
			 of forced or compulsory labor as a means of political coercion or education,
			 punishment for the expression of political or ideological views, workforce
			 mobilization for purposes of economic development, labor discipline, punishment
			 for participation in strikes, or racial, social, national or religious
			 discrimination;
		Whereas at least 12.3 million people are victims of forced
			 labor which includes at least 9,490,000 in Asia and the Pacific, at least
			 1,320,000 in Latin America and the Caribbean, at least 360,000 in
			 industrialized countries (i.e. England, France, and the United States), at
			 least 260,000 in the Middle East and North Africa, at least 260,000 in
			 transition countries, and at least 660,000 in sub-Saharan Africa;
		Whereas among such 12.3 million victims, at a minimum,
			 there are at least 2.5 million people who are forced to work by the
			 governments, military forces, or rebel military groups;
		Whereas at least 9.8 million people are exploited by
			 private agents and enterprises;
		Whereas the ILO estimates that there are at least 1.4
			 million victims of commercial sexual exploitation and at least 7.7 million
			 victims of economic exploitation;
		Whereas global profits from all forced labor total an
			 estimated $44.3 billion annually;
		Whereas Article 1 of the 1964 Convention on Consent to
			 Marriage, Minimum Age for Marriage and Registration of Marriages states that no
			 marriage shall be legally entered into without the full and free consent of
			 both parties;
		Whereas there is a clear distinction between an arranged
			 marriage and a forced marriage, where in an arranged marriage the consent of
			 both parties is sought and given but in a forced marriage, consent is not given
			 and duress is invariably a factor;
		Whereas ILO Convention No. 182 on the Worst Forms of Child
			 Labor defines the worst forms of child labor as: all forms of slavery or
			 practices similar to slavery, such as the sale and trafficking of children,
			 debt bondage, serfdom and forced or compulsory labor; forced or compulsory
			 recruitment of children for use in armed conflict; use of a child for
			 prostitution, production of pornography or pornographic performances; use,
			 procuring or offering of a child for illicit activities, in particular for the
			 production and trafficking of drugs; work which is likely to harm the health,
			 safety or morals of children;
		Whereas Principle 9 of the Declaration of the Rights of
			 the Child proclaimed by the General Assembly of the United Nations on November
			 20, 1959, states that . . . the child shall not be admitted to
			 employment before an appropriate minimum age; he shall in no case be caused or
			 permitted to engage in any occupation or employment which would prejudice his
			 health or education, or interfere with his physical, mental, or moral
			 development …;
		Whereas Article 2 of ILO Convention No. 138 Concerning
			 Minimum Age For Admission to Employment states: The minimum age
			 specified in pursuance of paragraph 1 of this article shall not be less than
			 the age of compulsory schooling and, in any case, shall not be less than 16
			 years.;
		Whereas ILO Convention No. 182 has been
			 ratified by more than 155 nations and requires immediate and effective action
			 to eliminate the worst forms of child labor which involve children under the
			 age of 18 and which include slavery, debt bondage, forced or compulsory labor,
			 the sale or trafficking of children, including the forced or compulsory
			 recruitment of children for use in armed conflict, child prostitution, the use
			 of children in the production and trafficking of narcotics, and any other work
			 that, by its nature or due to the circumstances in which it is carried out, is
			 likely to harm the health, safety, or morals of children;
		Whereas in particular, the ILO estimates that there are at
			 least 60 million children worldwide currently trapped in the worst forms of
			 child labor;
		Whereas the ILO estimates at least 179 million children
			 affected by child labor work in areas that are harmful to their health and
			 welfare;
		Whereas according to the ILO, worldwide an estimated 250
			 million children under the age of 15 are working, many of them in dangerous
			 industries such as mining and fireworks;
		Whereas children under the age of 15 constitute
			 approximately 11 percent of the workforce in some Asian countries, 17 percent
			 in parts of Africa, and a reported 12 to 26 percent in many countries in Latin
			 America;
		Whereas the number of children under the age of 15 who are
			 working, and the scale of their suffering, increases every year, despite the
			 existence of more than 20 ILO conventions on child labor and laws in many
			 countries that purportedly prohibit the employment of under-age
			 children;
		Whereas in many countries, children under the age of 15
			 lack either the legal standing or means to protect themselves from exploitation
			 in the workplace;
		Whereas ILO Convention No. 182 focused world attention on
			 the need to take immediate action to eradicate those forms of child labor that
			 are hazardous and damaging to children’s physical, mental, or moral
			 well-being;
		Whereas the prevalence of child labor in many developing
			 countries is rooted in widespread poverty that is attributable to unemployment
			 and underemployment, precarious incomes, low living standards, and insufficient
			 education and training opportunities among adult workers;
		Whereas the employment of children under the age of 16
			 commonly deprives such children of the opportunity for basic education and also
			 denies gainful employment to millions of adults;
		Whereas modern-day slavery capitalizes on areas of
			 conflict and post conflict, transitioning states, sudden political change,
			 economic collapse, civil unrest, internal armed conflict, chronic unemployment,
			 widespread poverty, personal disaster, lack of economic opportunity, and
			 natural disasters;
		Whereas modern-day slavery preys upon the vulnerable,
			 ethnic minorities, and people without citizenship;
		Whereas modern-day slavery uses threats, intimidation,
			 manipulation, coercion, fraud, shame, and violence to force victims into
			 modern-day slavery;
		Whereas populations vulnerable to modern-day slavery are
			 growing due to the rising numbers of orphans in developing countries, which are
			 due to civil conflicts and the HIV/AIDS pandemic;
		Whereas the spread of HIV/AIDS and other
			 sexually-transmitted diseases poses a global threat and creates a particular
			 challenge for victims of modern-day slavery involved in the international sex
			 trade;
		Whereas modern-day slavery brutalizes men, women, and
			 children, and exposes them to rape, torture, HIV/AIDS and other
			 sexually-transmitted diseases, violence, dangerous working conditions, poor
			 nutrition, drug and alcohol addiction, and severe psychological trauma from
			 separation, coercion, sexual abuse, and depression;
		Whereas organized criminal groups, gangs, document
			 forgers, brothel owners, and corrupt police or immigration officials funnel
			 modern-day slavery profits into both legitimate and criminal activities;
		Whereas modern-day slavery has a negative impact on the
			 labor market in many countries and perpetuates a cycle of poverty; and
		Whereas the loss of family-support networks due to
			 modern-day slavery contributes to the breakdown of societies: Now, therefore,
			 be it

		That it is the sense of the House of
			 Representatives that—
			(1)the abolition of
			 modern-day slavery should be a high priority of United States foreign and
			 domestic policy and the United States should assume a leadership role in a
			 global campaign to eliminate all forms of modern-day slavery by 2017;
			(2)the trade, aid,
			 and investment policies of the United States should reflect and advance the
			 commitment of the United States to freedom for all people;
			(3)the United States
			 should expand protection and legal options for victims of modern-day
			 slavery;
			(4)the United States
			 should bring together governments, international organizations, nongovernmental
			 organizations, and individuals to form a comprehensive coalition and forge a
			 sustained global action plan to fight modern-day slavery; and
			(5)the abolition of
			 modern-day slavery should be prioritized at the 2007 Group of 8 (G–8) Summit in
			 Germany.


115 HRES 348 EH: Providing for consideration of the bill (H.R. 953) to amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Federal Water Pollution Control Act to clarify Congressional intent regarding the regulation of the use of pesticides in or near navigable waters, and for other purposes.
U.S. House of Representatives
2017-05-23
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.

IV
115th CONGRESS
1st Session
H. RES. 348
In the House of Representatives, U. S.,

May 23, 2017

RESOLUTION
Providing for consideration of the bill (H.R. 953) to amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Federal Water Pollution Control Act to clarify Congressional intent regarding the regulation of the use of pesticides in or near navigable waters, and for other purposes.

That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 953) to amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Federal Water Pollution Control Act to clarify Congressional intent regarding the regulation of the use of pesticides in or near navigable waters, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Transportation and Infrastructure. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115–21. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.   Karen L. Haas,Clerk.