		II

		109th CONGRESS

		1st Session

		S. 990

		IN THE SENATE OF THE UNITED STATES

			May 10, 2005

			Mr. Lieberman (for

			 himself and Mr. Dodd) introduced the

			 following bill; which was read twice and referred to the

			 Committee on Health, Education, Labor,

			 and Pensions

		A BILL

		To provide a grant program to support the establishment

		  and operation of Teachers Professional Development Institutes.

		1.Teachers professional

			 development institutesTitle

			 II of the Higher Education Act of

			 1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end the

			 following:

				CTeachers

				professional development institutes

					241.Short

				titleThis part may be cited

				as the Teachers Professional Development Institutes Act.

					242.Findings and

				purpose

						(a)FindingsCongress

				makes the following findings:

							(1)Ongoing,

				subject-specific teacher professional development is essential to improved

				student learning.

							(2)The No Child Left

				Behind Act of 2001 calls for a highly qualified teacher in every core-subject

				classroom; attaining this goal will require innovative and effective approaches

				to improving the quality of teaching.

							(3)The Teachers

				Institute Model is an innovative and proven approach that encourages

				collaboration between urban school teachers and university faculty. The model

				focuses on teachers’ continuing academic preparation and on the personal and

				collaborative application of their studies in their classrooms, schools, and

				districts.

							(4)The Teachers

				Institute Model has a proven record, as demonstrated by the success of a 3-year

				national demonstration pilot project (referred to in this part as the

				National Demonstration Project) in several United States

				cities.

							(b)PurposeThe

				purpose of this part is to provide Federal assistance to support the

				establishment and operation of Teachers Professional Development Institutes for

				local educational agencies that serve significant low-income populations in

				States throughout the Nation—

							(1)to improve

				student learning; and

							(2)to enhance the

				quality of teaching by strengthening the subject matter mastery and pedagogical

				skills of current teachers through continuing teacher preparation.

							243.DefinitionsIn this part:

						(1)Poverty

				lineThe term poverty line means the poverty line

				(as defined by the Office of Management and Budget, and revised annually in

				accordance with section 673(2) of the Community Services Block Grant Act)

				applicable to a family of the size involved.

						(2)Significant

				low-income populationThe term significant low-income

				population means a student population of which not less than 25 percent

				are from families with incomes below the poverty line.

						(3)StateThe

				term State means each of the several States of the United States,

				the District of Columbia, and the Commonwealth of Puerto Rico.

						(4)Teachers

				Professional Development InstituteThe term Teachers

				Professional Development Institute means a partnership or joint venture

				between or among 1 or more institutions of higher education, and 1 or more

				local educational agencies serving a significant low-income population, which

				partnership or joint venture—

							(A)is entered into

				for the purpose of improving the quality of teaching and learning through

				collaborative seminars designed to enhance both the subject matter and the

				pedagogical resources of the seminar participants; and

							(B)works in

				collaboration to determine the direction and content of the collaborative

				seminars.

							244.Grant

				authority

						(a)In

				generalThe Secretary is authorized—

							(1)to award grants

				to Teachers Professional Development Institutes to encourage the establishment

				and operation of Teachers Professional Development Institutes; and

							(2)to provide

				technical assistance, either directly or through existing Teachers Professional

				Development Institutes, to assist local educational agencies and institutions

				of higher education in preparing to establish and in operating Teachers

				Professional Development Institutes.

							(b)Selection

				criteriaIn selecting a Teachers Professional Development

				Institute for a grant under this part, the Secretary shall consider—

							(1)the extent to

				which the proposed Teachers Professional Development Institute will serve a

				community with a significant low-income population;

							(2)the extent to

				which the proposed Teachers Professional Development Institute will follow the

				Understandings and Necessary Procedures that have been developed following the

				National Demonstration Project;

							(3)the extent to

				which the local educational agency participating in the proposed Teachers

				Professional Development Institute has a high percentage of teachers who are

				unprepared or under prepared to teach the core academic subjects the teachers

				are assigned to teach; and

							(4)the extent to

				which the proposed Teachers Professional Development Institute will receive a

				level of support from the community and other sources that will ensure the

				requisite long-term commitment for the success of a Teachers Professional

				Development Institute.

							(c)Consultation

							(1)In

				generalIn evaluating applications under subsection (b), the

				Secretary may request the advice and assistance of existing Teachers

				Professional Development Institutes.

							(2)State

				agenciesIf the Secretary receives 2 or more applications for new

				Teachers Professional Development Institutes that propose serving the same

				State, the Secretary shall consult with the State educational agency regarding

				the applications.

							(d)Fiscal

				agentFor the purpose of this part, an institution of higher

				education participating in a Teachers Professional Development Institute shall

				serve as the fiscal agent for the receipt of grant funds under this

				part.

						(e)LimitationsA

				grant under this part—

							(1)shall be awarded

				for a period not to exceed 5 years; and

							(2)shall not exceed

				50 percent of the total costs of the eligible activities, as determined by the

				Secretary.

							245.Eligible

				activities

						(a)In

				generalA Teachers Professional Development Institute that

				receives a grant under this part may use the grant funds—

							(1)for the planning

				and development of applications for the establishment of Teachers Professional

				Development Institutes;

							(2)to provide

				assistance to existing Teachers Professional Development Institutes established

				during the National Demonstration Project to enable the Teachers Professional

				Development Institutes—

								(A)to further

				develop existing Teachers Professional Development Institutes; or

								(B)to support the

				planning and development of applications for new Teachers Professional

				Development Institutes;

								(3)for the salary

				and necessary expenses of a full-time director to plan and manage such Teachers

				Professional Development Institute and to act as liaison between the

				participating local educational agency and institution of higher

				education;

							(4)to provide

				suitable office space, staff, equipment, and supplies, and to pay other

				operating expenses for the development and maintenance of Teachers Professional

				Development Institutes;

							(5)to provide

				stipends for teachers participating in collaborative seminars in the sciences

				and humanities, and to provide remuneration for those members of the higher

				education faculty who lead the seminars; and

							(6)to provide for

				the dissemination through print and electronic means of curriculum units

				prepared in conjunction with Teachers Professional Development Institutes

				seminars.

							(b)Technical

				assistanceThe Secretary may use not more than 50 percent of the

				funds appropriated to carry out this part to provide technical assistance to

				facilitate the establishment and operation of Teachers Professional Development

				Institutes. For the purpose of this subsection, the Secretary may contract with

				existing Teachers Professional Development Institutes to provide all or a part

				of the technical assistance under this subsection.

						246.Application,

				approval, and agreement

						(a)In

				generalTo receive a grant under this part, a Teachers

				Professional Development Institute shall submit an application to the Secretary

				that—

							(1)meets the

				requirement of this part and any regulations under this part;

							(2)includes a

				description of how the Teachers Professional Development Institute intends to

				use funds provided under the grant;

							(3)includes such

				information as the Secretary may require to apply the criteria described in

				section 244(b);

							(4)includes

				measurable objectives for the use of the funds provided under the grant;

				and

							(5)contains such

				other information and assurances as the Secretary may require.

							(b)ApprovalThe

				Secretary shall—

							(1)promptly evaluate

				an application received for a grant under this part; and

							(2)notify the

				applicant within 90 days of the receipt of a completed application of the

				Secretary’s approval or disapproval of the application.

							(c)AgreementUpon

				approval of an application, the Secretary and the Teachers Professional

				Development Institute shall enter into a comprehensive agreement covering the

				entire period of the grant.

						247.Reports and

				evaluations

						(a)ReportEach

				Teachers Professional Development Institute receiving a grant under this part

				shall report annually on the progress of the Teachers Professional Development

				Institute in achieving the purpose of this part and the purposes of the

				grant.

						(b)Evaluation and

				dissemination

							(1)EvaluationThe

				Secretary shall evaluate the activities funded under this part and submit an

				annual report regarding the activities to the Committee on Health, Education,

				Labor, and Pensions of the Senate and the Committee on Education and the

				Workforce of the House of Representatives.

							(2)DisseminationThe

				Secretary shall broadly disseminate successful practices developed by Teachers

				Professional Development Institutes.

							(c)RevocationIf

				the Secretary determines that a Teachers Professional Development Institute is

				not making substantial progress in achieving the purpose of this part and the

				purposes of the grant by the end of the second year of the grant under this

				part, the Secretary may take appropriate action, including revocation of

				further payments under the grant, to ensure that the funds available under this

				part are used in the most effective manner.

						248.Authorization

				of appropriationsThere are

				authorized to be appropriated to carry out this part—

						(1)$4,000,000 for

				fiscal year 2006;

						(2)$5,000,000 for

				fiscal year 2007;

						(3)$6,000,000 for

				fiscal year 2008;

						(4)$7,000,000 for

				fiscal year 2009; and

						(5)$8,000,000 for

				fiscal year

				2010.

						.


114 S551 IS: Denying Firearms and Explosives to Dangerous Terrorists Act of 2015
U.S. Senate
2015-02-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 551IN THE SENATE OF THE UNITED STATESFebruary 24, 2015Mrs. Feinstein (for herself, Mr. Whitehouse, Mr. Schumer, Mr. Durbin, Mr. Blumenthal, Mrs. Boxer, Mr. Reed, Mr. Menendez, Mrs. Gillibrand, Mr. Murphy, Ms. Warren, and Mr. Markey) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo increase public safety by permitting the Attorney General to deny the transfer of firearms or
			 the issuance of firearms and explosives licenses to known or suspected
			 dangerous terrorists.

 1.Short titleThis Act may be cited as the Denying Firearms and Explosives to Dangerous Terrorists Act of 2015.
		2.Granting the Attorney General the authority
			 to deny the sale, delivery, or transfer of a firearm or the issuance of a
			 firearms or explosives license or permit to dangerous terrorists
			(a)Standard for exercising Attorney General
			 discretion regarding transferring firearms or issuing firearms permits to
 dangerous terroristsChapter 44 of title 18, United States Code, is amended—
 (1)by inserting after section 922 the following:

						922A.Attorney General's discretion to deny
 transfer of a firearmThe Attorney General may deny the transfer of a firearm under section 922(t)(1)(B)(ii) of this title if the Attorney General—
 (1)determines that the transferee is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support or resources for terrorism; and
 (2)has a reasonable belief that the prospective transferee may use a firearm in connection with terrorism.
							922B.Attorney General's discretion regarding
				applicants for firearm permits which would qualify for the
			 exemption provided
 under section 922(t)(3)The Attorney General may determine that—
 (1)an applicant for a firearm permit which would qualify for an exemption under section 922(t)(3) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support or resources for terrorism; and
 (2)the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.;

 (2)in section 921(a), by adding at the end the following:

 (36)The term terrorism includes international terrorism and domestic terrorism, as defined in section 2331 of this title.
 (37)The term material support or resources has the meaning given the term in section 2339A of this title.
 (38)The term responsible person means an individual who has the power, directly or indirectly, to direct or cause the direction of the management and policies of the applicant or licensee pertaining to firearms.;
				and
 (3)in the table of sections, by inserting after the item relating to section 922 the following:
					922A. Attorney General's discretion to deny transfer of a
				firearm.922B. Attorney General's discretion regarding applicants for
				firearm permits which would qualify for the exemption provided
			 under section
				922(t)(3)..
				(b)Effect of Attorney General discretionary
			 denial through the National Instant Criminal Background Check System
			 (NICS) on
 firearms permitsSection 922(t) of title 18, United States Code, is amended—
 (1)in paragraph (1)(B)(ii), by inserting or State law, or that the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A of this title before the semicolon;
 (2)in paragraph (2), in the matter preceding subparagraph (A), by inserting , or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A of this title after or State law;
 (3)in paragraph (3)— (A)in subparagraph (A)—
 (i)in clause (i)— (I)in subclause (I), by striking and at the end; and
 (II)by adding at the end the following:  (III)was issued after a check of the system established pursuant to paragraph (1);;

 (ii)in clause (ii), by inserting and after the semicolon; and
 (iii)by adding at the end the following:  (iii)the State issuing the permit agrees to deny the permit application if such other person is the subject of a determination by the Attorney General pursuant to section 922B of this title;;
 (4)in paragraph (4), by inserting , or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A of this title after or State law; and
 (5)in paragraph (5), by inserting , or if the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A of this title after or State law.
				(c)Unlawful sale or disposition of firearm
 based upon Attorney General discretionary denialSection 922(d) of title 18, United States Code, is amended—
 (1)in paragraph (8), by striking or at the end;
 (2)in paragraph (9), by striking the period at the end and inserting ; or; and
 (3)by adding at the end the following:  (10)has been the subject of a determination by the Attorney General under section 922A, 922B, 923(d)(3), or 923(e) of this title..
				(d)Attorney General discretionary denial as
 prohibitorSection 922(g) of title 18, United States Code, is amended—
 (1)in paragraph (8), by striking or at the end;
 (2)in paragraph (9), by striking the comma at the end and inserting ; or; and
 (3)by inserting after paragraph (9) the following:

 (10)who has received actual notice of the Attorney General's determination made under section 922A, 922B, 923(d)(3) or 923(e) of this title,.
				(e)Attorney General discretionary denial of
 Federal firearms licensesSection 923(d) of title 18, United States Code, is amended—
 (1)in paragraph (1), in the matter preceding subparagraph (A), by striking Any and inserting Except as provided in paragraph (3), any; and
 (2)by adding at the end the following:  (3)The Attorney General may deny a license application if the Attorney General determines that the applicant (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support or resources for terrorism, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism..
				(f)Discretionary revocation of Federal
 firearms licensesSection 923(e) of title 18, United States Code, is amended—
 (1)by inserting (1) after (e);
 (2)by striking revoke any license and inserting the following: “revoke—

 (A)any license;
 (3)by striking . The Attorney General may, after notice and opportunity for hearing, revoke the license and inserting the following: “;

 (B)the license;
				and
 (4)by striking . The Secretary's action and inserting the following: “; or

 (C)any license issued under this section if the Attorney General determines that the holder of such license (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism or providing material support or resources for terrorism, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.
 (2)The Attorney General's action.
				(g)Attorney General's ability To withhold
			 information in firearms license denial and revocation suit
 (1)In generalSection 923(f)(1) of title 18, United States Code, is amended by inserting after the first sentence the following: However, if the denial or revocation is pursuant to subsection (d)(3) or (e)(1)(C), any information upon which the Attorney General relied for this determination may be withheld from the petitioner, if the Attorney General determines that disclosure of the information would likely compromise national security..
 (2)SummariesSection 923(f)(3) of title 18, United States Code, is amended by inserting after the third sentence the following: With respect to any information withheld from the aggrieved party under paragraph (1), the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security..
				(h)Attorney General's ability To withhold
 information in relief from disabilities lawsuitsSection 925(c) of title 18, United States Code, is amended by inserting after the third sentence the following: If the person is subject to a disability under section 922(g)(10) of this title, any information which the Attorney General relied on for this determination may be withheld from the applicant if the Attorney General determines that disclosure of the information would likely compromise national security. In responding to the petition, the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security..
 (i)PenaltiesSection 924(k) of title 18, United States Code, is amended—
 (1)in paragraph (2), by striking or at the end;
 (2)in paragraph (3), by striking the comma at the end and inserting ; or; and
 (3)by inserting after paragraph (3) the following:

 (4)constitutes an act of terrorism, or providing material support or resources for terrorism,.
				(j)Remedy for erroneous denial of firearm or
			 firearm permit exemption
 (1)In generalSection 925A of title 18, United States Code, is amended—
 (A)in the section heading, by striking Remedy for erroneous denial of firearm and inserting Remedies;
 (B)by striking Any person denied a firearm pursuant to subsection (s) or (t) of section 922 and inserting the following:

 (a)Except as provided in subsection (b), any person denied a firearm pursuant to subsection (t) of section 922 or a firearm permit pursuant to a determination made under section 922B;
				and
 (C)by adding at the end the following:  (b)In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A of this title or has made a determination regarding a firearm permit applicant pursuant to section 922B of this title, an action challenging the determination may be brought against the United States. The petition shall be filed not later than 60 days after the petitioner has received actual notice of the Attorney General's determination under section 922A or 922B of this title. The court shall sustain the Attorney General's determination upon a showing by the United States by a preponderance of evidence that the Attorney General's determination satisfied the requirements of section 922A or 922B, as the case may be. To make this showing, the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. Upon request of the petitioner or the court's own motion, the court may review the full, undisclosed documents ex parte and in camera. The court shall determine whether the summaries or redacted versions, as the case may be, are fair and accurate representations of the underlying documents. The court shall not consider the full, undisclosed documents in deciding whether the Attorney General's determination satisfies the requirements of section 922A or 922B..
					(2)Technical and conforming
 amendmentThe table of sections for chapter 44 of title 18, United States Code, is amended by striking the item relating to section 925A and inserting the following:
					925A.
				Remedies..
				(k)Provision of grounds underlying
			 ineligibility determination by the National Instant Criminal Background
			 Check
 SystemSection 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) is amended—
 (1)in subsection (f)— (A)by inserting or the Attorney General has made a determination regarding an applicant for a firearm permit pursuant to section 922B of title 18, United States Code, after is ineligible to receive a firearm; and
 (B)by inserting except any information for which the Attorney General has determined that disclosure would likely compromise national security, after reasons to the individual,; and
 (2)in subsection (g)— (A)the first sentence—
 (i)by inserting or if the Attorney General has made a determination pursuant to section 922A or 922B of title 18, United States Code, after or State law,; and
 (ii)by inserting , except any information for which the Attorney General has determined that disclosure would likely compromise national security before the period at the end; and
 (B)by adding at the end the following: Any petition for review of information withheld by the Attorney General under this subsection shall be made in accordance with section 925A of title 18, United States Code..
					(l)Unlawful distribution of explosives based
 upon Attorney General discretionary denialSection 842(d) of title 18, United States Code, is amended—
 (1)in paragraph (9), by striking the period and inserting ; or; and
 (2)by adding at the end the following:  (10)has received actual notice of the Attorney General's determination made pursuant to subsection (j) or (d)(1)(B) of section 843 of this title..
				(m)Attorney General discretionary denial as
 prohibitorSection 842(i) of title 18, United States Code, is amended—
 (1)in paragraph (7), by inserting ; or at the end; and
 (2)by inserting after paragraph (7) the following:

 (8)who has received actual notice of the Attorney General's determination made pursuant to subsection (j) or (d)(1)(B) of section 843 of this title,.
				(n)Attorney General discretionary denial of
 Federal explosives licenses and permitsSection 843 of title 18, United States Code, is amended—
 (1)in subsection (b), by striking Upon and inserting Except as provided in subsection (j), upon; and
 (2)by adding at the end the following:  (j)The Attorney General may deny the issuance of a permit or license to an applicant if the Attorney General determines that the applicant or a responsible person or employee possessor thereof is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support or resources for terrorism, and the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism..
				(o)Attorney General discretionary revocation
 of Federal explosives licenses and permitsSection 843(d) of title 18, United States Code, is amended—
 (1)by inserting (1) after (d);
 (2)by striking if in the opinion and inserting the following: “if—

 (A)in the opinion;
				and
 (3)by striking . The Secretary's action and inserting the following: “; or

 (B)the Attorney General determines that the licensee or holder (or any responsible person or employee possessor thereof) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support or resources for terrorism, and that the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.
 (2)The Attorney General's action.
				(p)Attorney General's ability To withhold
			 information in explosives license and permit denial and revocation
 suitsSection 843(e) of title 18, United States Code, is amended—
 (1)in paragraph (1), by inserting after the first sentence the following: However, if the denial or revocation is based upon an Attorney General determination under subsection (j) or (d)(1)(B), any information which the Attorney General relied on for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security.; and
 (2)in paragraph (2), by adding at the end the following: In responding to any petition for review of a denial or revocation based upon an Attorney General determination under subsection (j) or (d)(1)(B), the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security..
				(q)Ability To withhold information in
 communications to employersSection 843(h)(2) of title 18, United States Code, is amended—
 (1)in subparagraph (A), by inserting or in subsection (j) of this section (on grounds of terrorism) after section 842(i); and
 (2)in subparagraph (B)— (A)in the matter preceding clause (i), by inserting or in subsection (j) of this section, after section 842(i),; and
 (B)in clause (ii), by inserting , except that any information that the Attorney General relied on for a determination pursuant to subsection (j) may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security after determination.
					(r)Conforming amendment to Immigration and
 Nationality ActSection 101(a)(43)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is amended by striking or (5) and inserting (5), or (10).
			(s)Guidelines
				(1)In
 generalThe Attorney General shall issue guidelines describing the circumstances under which the Attorney General will exercise the authority and make determinations under subsections (d)(1)(B) and (j) of section 843 and sections 922A and 922B of title 18, United States Code, as amended by this Act.
 (2)ContentsThe guidelines issued under paragraph (1) shall—
 (A)provide accountability and a basis for monitoring to ensure that the intended goals for, and expected results of, the grant of authority under subsections (d)(1)(B) and (j) of section 843 and sections 922A and 922B of title 18, United States Code, as amended by this Act, are being achieved; and
 (B)ensure that terrorist watch list records are used in a manner that safeguards privacy and civil liberties protections, in accordance with requirements outlines in Homeland Security Presidential Directive 11 (dated August 27, 2004).


		II
		112th CONGRESS
		1st Session
		S. 1860
		IN THE SENATE OF THE UNITED STATES

			November 14, 2011
			Mr. Coats introduced the
			 following bill; which was read twice and referred to the
			 Committee on Foreign
			 Relations

		A BILL
		To clarify prohibitions on funding for any United Nations
		  entity that admits Palestine as a member state.

		1.FindingsCongress makes the following
			 findings:
			(1)The decision by
			 the membership of the United Nations Educational, Scientific and Cultural
			 Organization (UNESCO) to admit the Palestinian Authority as a full member state
			 of the organization is counterproductive, harms efforts to reach a negotiated,
			 lasting, and just peace in the Middle East, and is contrary to United States
			 interests.
			(2)The Palestinian
			 Authority may use this vote as a precedent to pursue membership in other United
			 Nations affiliated organizations, contrary to the best interests of those
			 organizations and the Palestinians themselves.
			(3)Palestinian
			 statehood can emerge only from negotiations with Israel, not from actions by
			 third parties, including the United Nations and its affiliated
			 organizations.
			(4)Existing United
			 States law prohibits appropriation of funds for the United Nations or any
			 specialized agency affiliated with the United Nations that grant full
			 membership as a state to any organization or group that does not have the
			 internationally recognized attributes of statehood.
			(5)The President
			 does not have the discretion to identify alternative methods of providing funds
			 to any United Nations agency that admits Palestine as a member state.
			2.Sense of
			 CongressIt is the sense of
			 Congress that any effort by the President to provide funds to any United
			 Nations agency that admits Palestine as a member state would be a violation of
			 section 410 of the Foreign Relations Authorization Act, Fiscal Years 1994 and
			 1995 (Public Law 103–236; 108 Stat. 454; 22 U.S.C. 287e note) or section 414 of
			 the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law
			 101–246; 104 Stat. 70; 22 U.S.C. 287e note).


115 S3211 IS: Keeping Gun Dealers Honest Act of 2018
U.S. Senate
2018-07-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS2d SessionS. 3211IN THE SENATE OF THE UNITED STATESJuly 12, 2018Mr. Markey (for himself, Mr. Whitehouse, Mr. Blumenthal, Mrs. Feinstein, Mrs. Gillibrand, Mr. Murphy, Mr. Wyden, Ms. Smith, Mr. Durbin, Ms. Warren, Ms. Baldwin, Ms. Harris, Mr. Van Hollen, and Mr. Reed) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo ensure greater accountability by licensed firearms dealers.

 1.Short titleThis Act may be cited as the Keeping Gun Dealers Honest Act of 2018. 2.Increasing the number of allowed compliance inspections of firearms dealersSection 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking once and inserting 3 times.
 3.Increasing penalties on firearms licenseesSection 924(a)(3) of title 18, United States Code, is amended in the matter following subparagraph (B) by striking one year and inserting 5 years.
 4.Serious recordkeeping offenses that aid gun traffickingSection 924(a)(3) of title 18, United States Code, is amended by striking the period at the end and inserting . If the conduct described in subparagraph (A) or (B) is in relation to an offense under subsection (a)(6) or (d) of section 922, the licensed dealer, licensed importer, licensed manufacturer, or licensed collector shall be fined under this title, imprisoned for not more than 10 years, or both..
 5.Suspension of firearms dealer’s license and civil penalties for violations of the Gun Control ActSection 923 of title 18, United States Code, is amended by striking subsections (e) and (f) and inserting the following:

 (e)(1)(A)The Attorney General may, after notice and opportunity for hearing, suspend or revoke any license issued under this section, or may subject the licensee to a civil penalty of not more than $10,000 per violation, if the holder of the license—
 (i)has violated any provision of this chapter or any rule or regulation prescribed by the Attorney General under this chapter; or
 (ii)except as provided in subparagraph (B), fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees.
 (B)Subparagraph (A)(ii) shall not apply in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee.
 (2)The Attorney General may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who transfers armor piercing ammunition.
 (3)The Attorney General may at any time compromise, mitigate, or remit the liability with respect to any violation of this chapter or any rule or regulation prescribed by the Attorney General under this chapter.
 (4)The Attorney General’s actions under this subsection may be reviewed only as provided in subsection (f).
 (f)(1)Any person whose application for a license is denied and any holder of a license which is suspended or revoked or who is assessed a civil penalty shall receive a written notice from the Attorney General stating specifically the grounds upon which the application was denied or upon which the license was suspended or revoked or the civil penalty assessed. Any notice of a suspension or revocation of a license shall be given to the holder of the license before the effective date of the suspension or revocation.
 (2)If the Attorney General denies an application for a license, or suspends or revokes a license, or assesses a civil penalty, the Attorney General shall, upon request by the aggrieved party, promptly hold a hearing to review the denial, suspension, revocation, or assessment. In the case of a suspension or revocation of a license, the Attorney General shall, on the request of the holder of the license, stay the effective date of the suspension or revocation. A hearing under this paragraph shall be held at a location convenient to the aggrieved party.
 (3)(A)If after a hearing held under paragraph (2) the Attorney General decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Attorney General shall give notice of the decision to the aggrieved party.
 (B)The aggrieved party may at any time within 60 days after the date notice is given under subparagraph (A) file a petition with the United States district court for the district in which the party resides or in which the party’s principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment.
 (C)In a proceeding conducted under this paragraph, the court may consider any evidence submitted by the parties to the proceeding without regard to whether such evidence was considered at the hearing held under paragraph (2).
 (D)If the court decides that the Attorney General was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court..
 6.Termination of firearms dealer’s license upon felony convictionSection 925(b) of title 18, United States Code, is amended by striking until any conviction pursuant to the indictment becomes final and inserting until the date of any conviction pursuant to the indictment. 7.Authority to hire additional personnelThe Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at least 80 additional employees for the purpose of carrying out additional inspections as provided for in the amendments made by this Act.
		8.Authority to require licensed dealer to conduct a physical inventory and provide inventory record
			 if dealer has unlawfully transferred a firearm or 10 or more crime guns are traced to the dealer
 (a)In generalSection 923(g)(1) of title 18, United States Code, is amended by adding at the end the following:  (E)The Attorney General may require a licensed importer, licensed manufacturer, or licensed dealer to conduct a physical inventory of the firearms in the business inventory of the licensee, and provide the Attorney General with a detailed record of the physical inventory if—
 (i)the licensee has been convicted of transferring a firearm unlawfully; or (ii)the Attorney General finds that 10 or more firearms used in a crime under Federal, State, or local law have been traced back to the licensee..
			(b)Conforming amendments
 (1)Section 923(j) of such title is amended in the 6th sentence by inserting , except as required under subsection (g)(1)(E) before the period. (2)The matter under the heading salaries and expenses under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives under title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113–6; 127 Stat. 247) is amended in the 5th proviso by inserting , except as required under subsection (g)(1)(E) of such section 923 before the colon.
 9.Issuance of licensesSection 923 of title 18, United States Code, is amended— (1)in subsection (c)—
 (A)by inserting (1) before Upon; (B)in the first sentence, by inserting , subject to paragraph (2), after Attorney General shall; and
 (C)by adding at the end the following:  (2)The Attorney General may deny an application submitted under subsection (a) or (b) if the Attorney General determines—
 (A)issuing the license would pose a danger to public safety; or (B)that the applicant—
 (i)is not likely to comply with the law; or (ii)is otherwise is not suitable to be issued a license.; and
 (2)in subsection (d)(1), in the matter preceding subparagraph (A), by inserting , subject to subsection (c)(2), after shall. 10.Liability standardsSection 923 of title 18, United States Code, is amended—
 (1)in subsection (c), in the third sentence, by striking willfully; and
 (2)in subsection (d), by striking willfully each place it appears.
 11.Regulatory flexibilitySection 926(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1) by striking only.
 12.Report to the CongressThe Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall submit biennial reports to Congress on the implementation of this Act and the amendments made by this Act, which shall include—
 (1)a statement by the Director as to what additional resources, if any, are necessary in order to implement this Act and the amendments made by this Act; and
 (2)any recommendations of the Director for how better to ensure that—
 (A)firearms dealers are complying with all laws and regulations that apply with respect to dealing in firearms; and
 (B)noncompliant firearms dealers are subject to appropriate action in a timely manner.


113 S2589 IS: Protecting Employees and Retirees in Business Bankruptcies Act of 2014
U.S. Senate
2014-07-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		2d Session
		S. 2589
		IN THE SENATE OF THE UNITED STATES

			July 10, 2014
			Mr. Durbin (for himself, Mr. Harkin, Mr. Whitehouse, Mr. Brown, and Mr. Franken) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

		A BILL
		To amend title 11, United States Code, to improve protections for employees and retirees in
			 business bankruptcies.

			1.
			Short title; table of contents

				(a)
				Short title
				This Act may be cited as the
			 Protecting Employees and Retirees in Business Bankruptcies Act of 2014.

				(b)
				Table of contents
				The table of contents of this Act is as
			 follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Findings.
					TITLE I—Improving Recoveries for Employees and Retirees

					Sec. 101. Increased wage priority.
					Sec. 102. Claim for stock value losses in defined contribution
				plans.
					Sec. 103. Priority for severance pay.
					Sec. 104. Financial returns for employees and
				retirees.
					Sec. 105. Priority for WARN Act damages.
					TITLE II—Reducing Employees’ and Retirees’ Losses
					Sec. 201. Rejection of collective bargaining
				agreements.
					Sec. 202. Payment of insurance benefits to retired
				employees.
					Sec. 203. Protection of employee benefits in a sale of
				assets.
					Sec. 204. Claim for pension losses.
					Sec. 205. Payments by secured lender.
					Sec. 206. Preservation of jobs and benefits.
					Sec. 207. Termination of exclusivity.
					Sec. 208. Claim for withdrawal liability.
					TITLE III—Restricting Executive Compensation Programs
					Sec. 301. Executive compensation upon exit from
				bankruptcy.
					Sec. 302. Limitations on executive compensation
				enhancements.
					Sec. 303. Assumption of executive benefit plans.
					Sec. 304. Recovery of executive compensation.
					Sec. 305. Preferential compensation transfer.
					TITLE IV—Other Provisions
					Sec. 401. Union proof of claim.
					Sec. 402. Exception from automatic stay.

			2.
			Findings
			The Congress finds the following:

				(1)
				Business bankruptcies have increased
			 sharply in recent years and remain at high levels. These bankruptcies
			 include
			 several of the largest business bankruptcy filings in history. As the use
			 of
			 bankruptcy has expanded, job preservation and retirement security are
			 placed at
			 greater risk.

				(2)
				Laws enacted to improve recoveries for
			 employees and retirees and limit their losses in bankruptcy cases have not
			 kept
			 pace with the increasing and broader use of bankruptcy by businesses in
			 all
			 sectors of the economy. However, while protections for employees and
			 retirees
			 in bankruptcy cases have eroded, management compensation plans devised for
			 those in charge of troubled businesses have become more prevalent and are
			 escaping adequate scrutiny.

				(3)
				Changes in the law regarding these matters
			 are urgently needed as bankruptcy is used to address increasingly more
			 complex
			 and diverse conditions affecting troubled businesses and industries.

			I
			Improving Recoveries for Employees and
			 Retirees

				101.
				Increased wage priority
				Section 507(a) of title 11, United States
			 Code, is amended—

					(1)
					in paragraph (4)—

						(A)
						by striking $10,000 and
			 inserting $20,000;

						(B)
						by striking within 180 days;
			 and

						(C)
						by striking or the date of the
			 cessation of the debtor’s business, whichever occurs first,;

					(2)
					in paragraph (5)(A), by striking—

						(A)

							within 180 days; and

						(B)

							or the date of the cessation of the
			 debtor’s business, whichever occurs first; and

					(3)
					in paragraph (5), by striking subparagraph
			 (B) and inserting the following:

							(B)
							for each such plan, to the extent of the
				number of employees covered by each such plan, multiplied by
				$20,000.
						.

				102.
				Claim for stock value losses in defined
			 contribution plans
				Section
			 101(5) of title 11, United States Code, is amended—

					(1)
					in subparagraph (A), by striking
			 or at the end;

					(2)
					in subparagraph (B), by striking the period at the end and inserting
			 ; or; and

					(3)
					by adding at the end the following:

							(C)
							right or interest in equity securities of
				the debtor, or an affiliate of the debtor, held in a defined
			 contribution plan
				(within the meaning of section 3(34) of the Employee Retirement
			 Income Security
				Act of 1974 (29 U.S.C. 1002(34))) for the benefit of an individual
			 who is not
				an insider, a senior executive officer, or any of the 20 next most
			 highly
				compensated employees of the debtor (if 1 or more are not
			 insiders), if such
				securities were attributable to either employer contributions by
			 the debtor or
				an affiliate of the debtor, or elective deferrals (within the
			 meaning of
				section 402(g) of the Internal Revenue Code of 1986), and any
			 earnings thereon,
				if an employer or plan sponsor who has commenced a case under this
			 title has
				committed fraud with respect to such plan or has otherwise breached
			 a duty to
				the participant that has proximately caused the loss of
				value.
						.

				103.
				Priority for severance pay
				Section 503(b) of title 11, United States
			 Code, is amended—

					(1)
					in paragraph (8), by striking
			 and at the end;

					(2)
					in paragraph (9), by striking the period
			 and inserting a semicolon; and

					(3)
					by adding at the end the following:

							(10)
							severance pay owed to employees of the
				debtor (other than to an insider, other senior management, or a
			 consultant
				retained to provide services to the debtor), under a plan, program,
			 or policy
				generally applicable to employees of the debtor (but not under an
			 individual
				contract of employment), or owed pursuant to a collective
			 bargaining agreement,
				for layoff or termination on or after the date of the filing of the
			 petition,
				which pay shall be deemed earned in full upon such layoff or
			 termination of
				employment;
				and
						.

				104.
				Financial returns for employees and
			 retirees
				Section 1129(a) of
			 title 11, United States Code is amended—

					(1)
					by adding at the end the following:

							(17)
							The plan provides for recovery of damages
				payable for the rejection of a collective bargaining agreement, or
			 for other
				financial returns as negotiated by the debtor and the authorized
			 representative
				under section 1113 (to the extent that such returns are paid under,
			 rather than
				outside of, a plan).
						;
				and

					(2)
					by striking paragraph (13) and inserting
			 the following:

							(13)
							With respect to retiree benefits, as that
				term is defined in section 1114(a), the plan—

								(A)
								provides for the continuation after its
				effective date of payment of all retiree benefits at the level
			 established
				pursuant to subsection (e)(1)(B) or (g) of section 1114 at any time
			 before the
				date of confirmation of the plan, for the duration of the period
			 for which the
				debtor has obligated itself to provide such benefits, or if no
			 modifications
				are made before confirmation of the plan, the continuation of all
			 such retiree
				benefits maintained or established in whole or in part by the
			 debtor before the
				date of the filing of the petition; and

								(B)
								provides for recovery of claims arising
				from the modification of retiree benefits or for other financial
			 returns, as
				negotiated by the debtor and the authorized representative (to the
			 extent that
				such returns are paid under, rather than outside of, a
				plan).
							.

				105.
				Priority for WARN Act damages
				Section 503(b)(1)(A)(ii) of title 11, United
			 States Code is amended to read as follows:

						(ii)
						wages and benefits awarded pursuant to a
				judicial proceeding or a proceeding of the National Labor Relations
			 Board as
				back pay or damages attributable to any period of time occurring
			 after the date
				of commencement of the case under this title, as a result of a
			 violation of
				Federal or State law by the debtor, without regard to the time of
			 the
				occurrence of unlawful conduct on which the award is based or to
			 whether any
				services were rendered on or after the commencement of the case,
			 including an
				award by a court under section 2901 of title 29, United States
			 Code, of up to
				60 days’ pay and benefits following a layoff that occurred or
			 commenced at a
				time when such award period includes a period on or after the
			 commencement of
				the case, if the court determines that payment of wages and
			 benefits by reason
				of the operation of this clause will not substantially increase the
			 probability
				of layoff or termination of current employees or of nonpayment of
			 domestic
				support obligations during the case under this
				title;
					.

			II
			Reducing Employees’ and Retirees’
			 Losses

				201.
				Rejection of collective bargaining
			 agreements
				Section 1113 of
			 title 11, United States Code, is amended by striking subsections (a)
			 through
			 (f) and inserting the following:

						(a)
						The debtor in possession, or the trustee if
				one has been appointed under this chapter, other than a trustee in
			 a case
				covered by subchapter IV of this chapter and by title I of the
			 Railway Labor
				Act, may reject a collective bargaining agreement only in
			 accordance with this
				section. In this section, a reference to the trustee
			 includes the debtor in possession.

						(b)
						No provision of this title shall be
				construed to permit the trustee to unilaterally terminate or alter
			 any
				provision of a collective bargaining agreement before complying
			 with this
				section. The trustee shall timely pay all monetary obligations
			 arising under
				the terms of the collective bargaining agreement. Any such payment
			 required to
				be made before a plan confirmed under section 1129 is effective has
			 the status
				of an allowed administrative expense under section 503.

						(c)
						(1)
							If the trustee seeks modification of a
				collective bargaining agreement, the trustee shall provide
			 notice to the
				labor organization representing the employees covered by the
			 agreement that
				modifications are being proposed under this section, and shall
			 promptly provide
				an initial proposal for modifications to the agreement. Thereafter,
			 the trustee
				shall confer in good faith with the labor organization, at
			 reasonable times and
				for a reasonable period in light of the complexity of the case, in
			 attempting
				to reach mutually acceptable modifications of such agreement.

							(2)
							The initial proposal and subsequent
				proposals by the trustee for modification of a collective
			 bargaining agreement
				shall be based upon a business plan for the reorganization of the
			 debtor, and
				shall reflect the most complete and reliable information available.
			 The trustee
				shall provide to the labor organization all information that is
			 relevant for
				negotiations. The court may enter a protective order to prevent the
			 disclosure
				of information if disclosure could compromise the debtor’s position
			 with
				respect to its competitors in the industry, subject to the needs of
			 the labor
				organization to evaluate the trustee’s proposals and any
			 application for
				rejection of the agreement or for interim relief pursuant to this
				section.

							(3)
							In consideration of Federal policy
				encouraging the practice and process of collective bargaining and
			 in
				recognition of the bargained-for expectations of the employees
			 covered by the
				agreement, modifications proposed by the trustee—

								(A)
								shall be proposed only as part of a program
				of workforce and nonworkforce cost savings devised for the
			 reorganization of
				the debtor, including savings in management personnel costs;

								(B)
								shall be limited to modifications designed
				to achieve a specified aggregate financial contribution for the
			 employees
				covered by the agreement (taking into consideration any labor cost
			 savings
				negotiated within the 12-month period before the filing of the
			 petition), and
				shall be not more than the minimum savings essential to permit the
			 debtor to
				exit bankruptcy, such that confirmation of a plan of reorganization
			 is not
				likely to be followed by the liquidation, or the need for further
			 financial
				reorganization, of the debtor (or any successor to the debtor) in
			 the short
				term; and

								(C)
								shall not be disproportionate or overly
				burden the employees covered by the agreement, either in the amount
			 of the cost
				savings sought from such employees or the nature of the
			 modifications.

						(d)
						(1)
							If, after a period of negotiations, the
				trustee and the labor organization have not reached an agreement
			 over mutually
				satisfactory modifications, and further negotiations are not likely
			 to produce
				mutually satisfactory modifications, the trustee may file a motion
			 seeking
				rejection of the collective bargaining agreement after notice and a
			 hearing.
				Absent agreement of the parties, no such hearing shall be held
			 before the
				expiration of the 21-day period beginning on the date on which
			 notice of the
				hearing is provided to the labor organization representing the
			 employees
				covered by the agreement. Only the debtor and the labor
			 organization may appear
				and be heard at such hearing. An application for rejection shall
			 seek rejection
				effective upon the entry of an order granting the relief.

							(2)
							In consideration of Federal policy
				encouraging the practice and process of collective bargaining and
			 in
				recognition of the bargained-for expectations of the employees
			 covered by the
				agreement, the court may grant a motion seeking rejection of a
			 collective
				bargaining agreement only if, based on clear and convincing
			 evidence—

								(A)
								the court finds that the trustee has
				complied with the requirements of subsection (c);

								(B)
								the court has considered alternative
				proposals by the labor organization and has concluded that such
			 proposals do
				not meet the requirements of paragraph (3)(B) of subsection (c);

								(C)
								the court finds that further negotiations
				regarding the trustee’s proposal or an alternative proposal by the
			 labor
				organization are not likely to produce an agreement;

								(D)
								the court finds that implementation of the
				trustee’s proposal shall not—

									(i)
									cause a material diminution in the
				purchasing power of the employees covered by the agreement;

									(ii)
									adversely affect the ability of the debtor
				to retain an experienced and qualified workforce; or

									(iii)
									impair the debtor’s labor relations such
				that the ability to achieve a feasible reorganization would be
			 compromised;
				and

								(E)
								the court concludes that rejection of the
				agreement and immediate implementation of the trustee’s proposal is
			 essential
				to permit the debtor to exit bankruptcy, such that confirmation of
			 a plan of
				reorganization is not likely to be followed by liquidation, or the
			 need for
				further financial reorganization, of the debtor (or any successor
			 to the
				debtor) in the short term.

							(3)
							If the trustee has implemented a program of
				incentive pay, bonuses, or other financial returns for insiders,
			 senior
				executive officers, or the 20 next most highly compensated
			 employees or
				consultants providing services to the debtor during the bankruptcy,
			 or such a
				program was implemented within 180 days before the date of the
			 filing of the
				petition, the court shall presume that the trustee has failed to
			 satisfy the
				requirements of subsection (c)(3)(C).

							(4)
							In no case shall the court enter an order
				rejecting a collective bargaining agreement that would result in
			 modifications
				to a level lower than the level proposed by the trustee in the
			 proposal found
				by the court to have complied with the requirements of this
			 section.

							(5)
							At any time after the date on which an
				order rejecting a collective bargaining agreement is entered, or in
			 the case of
				an agreement entered into between the trustee and the labor
			 organization
				providing mutually satisfactory modifications, at any time after
			 such agreement
				has been entered into, the labor organization may apply to the
			 court for an
				order seeking an increase in the level of wages or benefits, or
			 relief from
				working conditions, based upon changed circumstances. The court
			 shall grant the
				request only if the increase or other relief is not inconsistent
			 with the
				standard set forth in paragraph (2)(E).

						(e)
						During a period in which a collective
				bargaining agreement at issue under this section continues in
			 effect, and if
				essential to the continuation of the debtor’s business or in order
			 to avoid
				irreparable damage to the estate, the court, after notice and a
			 hearing, may
				authorize the trustee to implement interim changes in the terms,
			 conditions,
				wages, benefits, or work rules provided by the collective
			 bargaining agreement.
				Any hearing under this subsection shall be scheduled in accordance
			 with the
				needs of the trustee. The implementation of such interim changes
			 shall not
				render the application for rejection moot.

						(f)(1)
							Rejection of a collective bargaining
				agreement constitutes a breach of the agreement, and shall be
			 effective no
				earlier than the entry of an order granting such relief.(2)Notwithstanding paragraph (1), solely for purposes of determining and allowing a claim
			 arising from
				the rejection of a collective bargaining agreement, rejection shall
			 be treated
				as rejection of an executory contract under section 365(g) and
			 shall be allowed
				or disallowed in accordance with section 502(g)(1). No claim for
			 rejection
				damages shall be limited by section 502(b)(7). Economic self-help
			 by a labor
				organization shall be permitted upon a court order granting a
			 motion to reject
				a collective bargaining agreement under subsection (d) or pursuant
			 to
				subsection (e), and no provision of this title or of any other
			 provision of
				Federal or State law may be construed to the contrary.

						(g)
						The trustee shall provide for the
				reasonable fees and costs incurred by a labor organization under
			 this section,
				upon request and after notice and a hearing.

						(h)
						A collective bargaining agreement that is
				assumed shall be assumed in accordance with section
				365.
					.

				202.
				Payment of insurance benefits to retired
			 employees
				Section 1114 of
			 title 11, United States Code, is amended—

					(1)
					in subsection (a), by inserting ,
			 without regard to whether the debtor asserts a right to unilaterally
			 modify such
			 payments
			 under such plan, fund, or program before the period at the end;

					(2)
					in subsection (b)(2), by inserting after
			 section the following: , and a labor organization serving
			 as the authorized representative under subsection (c)(1),;

					(3)
					by striking subsection (f) and inserting the
			 following:

							(f)
							(1)
								If a trustee seeks modification of retiree
				benefits, the trustee shall provide a notice to the authorized
				representative that modifications are being proposed pursuant to
			 this section,
				and shall promptly provide an initial proposal. Thereafter, the
			 trustee shall
				confer in good faith with the authorized representative at
			 reasonable times and
				for a reasonable period in light of the complexity of the case in
			 attempting to
				reach mutually satisfactory modifications.

								(2)
								The initial proposal and subsequent
				proposals by the trustee shall be based upon a business plan for
			 the
				reorganization of the debtor and shall reflect the most complete
			 and reliable
				information available. The trustee shall provide to the authorized
				representative all information that is relevant for the
			 negotiations. The court
				may enter a protective order to prevent the disclosure of
			 information if
				disclosure could compromise the debtor’s position with respect to
			 its
				competitors in the industry, subject to the needs of the authorized
				representative to evaluate the trustee’s proposals and an
			 application pursuant
				to subsection (g) or (h).

								(3)
								Modifications proposed by the
				trustee—

									(A)
									shall be proposed only as part of a program
				of workforce and nonworkforce cost savings devised for the
			 reorganization of
				the debtor, including savings in management personnel costs;

									(B)
									shall be limited to modifications that are
				designed to achieve a specified aggregate financial contribution
			 for the
				retiree group represented by the authorized representative (taking
			 into
				consideration any cost savings implemented within the 12-month
			 period before
				the date of filing of the petition with respect to the retiree
			 group), and
				shall be no more than the minimum savings essential to permit the
			 debtor to
				exit bankruptcy, such that confirmation of a plan of reorganization
			 is not
				likely to be followed by the liquidation, or the need for further
			 financial
				reorganization, of the debtor (or any successor to the debtor) in
			 the short
				term; and

									(C)
									shall not be disproportionate or overly
				burden the retiree group, either in the amount of the cost savings
			 sought from
				such group or the nature of the
				modifications.
								;

					(4)
					in subsection (g)—

						(A)
						by striking (g) and all that
			 follows through the semicolon at the end of paragraph (3) and inserting
			 the
			 following:

								(g)
								(1)
									If, after a period of negotiations, the
				trustee and the authorized representative have not reached
			 agreement over
				mutually satisfactory modifications and further negotiations are
			 not likely to
				produce mutually satisfactory modifications, the trustee may
			 file a motion
				seeking modifications in the payment of retiree benefits after
			 notice and a
				hearing. Absent agreement of the parties, no such hearing shall be
			 held before
				the expiration of the 21-day period beginning on the date on which
			 notice of
				the hearing is provided to the authorized representative. Only the
			 debtor and
				the authorized representative may appear and be heard at such
			 hearing.

									(2)
									The court may grant a motion to modify the
				payment of retiree benefits only if, based on clear and convincing
				evidence—

										(A)
										the court finds that the trustee has
				complied with the requirements of subsection (f);

										(B)
										the court has considered alternative
				proposals by the authorized representative and has determined that
			 such
				proposals do not meet the requirements of subsection (f)(3)(B);

										(C)
										the court finds that further negotiations
				regarding the trustee’s proposal or an alternative proposal by the
			 authorized
				representative are not likely to produce a mutually satisfactory
				agreement;

										(D)
										the court finds that implementation of the
				proposal shall not cause irreparable harm to the affected retirees;
			 and

										(E)
										the court concludes that an order granting
				the motion and immediate implementation of the trustee’s proposal
			 is essential
				to permit the debtor to exit bankruptcy, such that confirmation of
			 a plan of
				reorganization is not likely to be followed by liquidation, or the
			 need for
				further financial reorganization, of the debtor (or a successor to
			 the debtor)
				in the short term.

									(3)
									If a trustee has implemented a program of
				incentive pay, bonuses, or other financial returns for insiders,
			 senior
				executive officers, or the 20 next most highly compensated
			 employees or
				consultants providing services to the debtor during the bankruptcy,
			 or such a
				program was implemented within 180 days before the date of the
			 filing of the
				petition, the court shall presume that the trustee has failed to
			 satisfy the
				requirements of subparagraph (f)(3)(C).
								;
				and

						(B)
						by striking except that in no case and
			 inserting the following:

								(4)
								In no
				case
							;
				and

					(5)
					by striking subsection (k) and
			 redesignating subsections (l) and (m) as subsections (k) and (l),
			 respectively.

				203.
				Protection of employee benefits in a sale
			 of assets
				Section 363(b) of
			 title 11, United States Code, is amended by adding at the end the
			 following:

						(3)
						In approving a sale under this subsection,
				the court shall consider the extent to which a bidder has offered
			 to maintain
				existing jobs, preserve terms and conditions of employment, and
			 assume or match
				pension and retiree health benefit obligations in determining
			 whether an offer
				constitutes the highest or best offer for such
				property.
					.

				204.
				Claim for pension losses
				Section 502 of title 11, United States Code,
			 is amended by adding at the end the following:

						(l)
						The court shall allow a claim asserted by
				an active or retired participant, or by a labor organization
			 representing such
				participants, in a defined benefit plan terminated under section
			 4041 or 4042
				of the Employee Retirement Income Security Act of 1974, for any
			 shortfall in
				pension benefits accrued as of the effective date of the
			 termination of such
				pension plan as a result of the termination of the plan and
			 limitations upon
				the payment of benefits imposed pursuant to section 4022 of such
			 Act,
				notwithstanding any claim asserted and collected by the Pension
			 Benefit
				Guaranty Corporation with respect to such termination.

						(m)
						The court shall allow a claim of a kind
				described in section 101(5)(C) by an active or retired participant
			 in a defined
				contribution plan (within the meaning of section 3(34) of the
			 Employee
				Retirement Income Security Act of 1974 (29 U.S.C. 1002(34))), or by
			 a labor
				organization representing such participants. The amount of such
			 claim shall be
				measured by the market value of the stock at the time of
			 contribution to, or
				purchase by, the plan and the value as of the commencement of the
				case.
					.

				205.
				Payments by secured lender
				Section 506(c) of title 11, United States
			 Code, is amended by adding at the end the following: If employees have
			 not received wages, accrued vacation, severance, or other benefits owed
			 under
			 the policies and practices of the debtor, or pursuant to the terms of a
			 collective bargaining agreement, for services rendered on and after the
			 date of
			 the commencement of the case, such unpaid obligations shall be deemed
			 necessary costs and expenses of preserving, or disposing of, property
			 securing
			 an allowed secured claim and shall be recovered even if the trustee has
			 otherwise waived the provisions of this subsection under an agreement with
			 the
			 holder of the allowed secured claim or a successor or predecessor in
			 interest..

				206.
				Preservation of jobs and
			 benefits
				Chapter 11 of title 11, United
			 States Code, is amended—

					(1)
					by inserting before section 1101 the
			 following:

							1100.
							Statement of purpose
							A debtor commencing a case under this
				chapter shall have as its principal purpose the reorganization of
			 its business
				to preserve going concern value to the maximum extent possible
			 through the
				productive use of its assets and the preservation of jobs that will
			 sustain
				productive economic
				activity.
						;

					(2)
					in section 1129(a), as amended by section
			 104, by adding at the end the following:

							(18)
							The debtor has demonstrated that the
				reorganization preserves going concern value to the maximum extent
			 possible
				through the productive use of the debtor’s assets and preserves
			 jobs that
				sustain productive economic activity.
						;

					(3)
					in section 1129(c)—(A)by inserting (1) after (c); and(B)by striking the last
			 sentence and inserting the following:(2)If the requirements of subsections
			 (a)
			 and (b) are met with respect to more than 1 plan, the court shall, in
			 determining which plan to confirm—

									(A)
									consider the extent to which each plan
				would preserve going concern value through the productive use of
			 the debtor’s
				assets and the preservation of jobs that sustain productive
			 economic activity;
				and

									(B)
									confirm the plan that better serves such
				interests.
								(3)A plan
				that incorporates the terms of a settlement with a labor
			 organization
				representing employees of the debtor shall presumptively constitute
			 the plan
				that satisfies this subsection.;
				and

					(4)
					in the table of sections, by
			 inserting before the item relating to section 1101 the following:

							1100. Statement of
				purpose.

						.

				207.
				Termination of exclusivity
				Section 1121(d) of title 11, United States
			 Code, is amended by adding at the end the following:

						(3)
						For purposes of this subsection, cause for
				reducing the 120-day period or the 180-day period includes the
				following:

							(A)
							The filing of a motion pursuant to section
				1113 seeking rejection of a collective bargaining agreement if a
			 plan based
				upon an alternative proposal by the labor organization is
			 reasonably likely to
				be confirmed within a reasonable time.

							(B)
							The proposed filing of a plan by a
				proponent other than the debtor, which incorporates the terms of a
			 settlement
				with a labor organization if such plan is reasonably likely to be
			 confirmed
				within a reasonable
				time.
						.

				208.
				Claim for
			 withdrawal liability
				Section
			 503(b) of title 11, United States Code, as amended by section 103 of this
			 Act,
			 is amended by adding at the end the following:

						(11)
						with respect to
				withdrawal liability owed to a multiemployer pension plan for a
			 complete or
				partial withdrawal pursuant to section 4201 of the Employee
			 Retirement Income
				Security Act of 1974 (29 U.S.C. 1381) where such withdrawal occurs
			 on or after
				the commencement of the case, an amount equal to the amount of
			 vested benefits
				payable from such pension plan that accrued as a result of
			 employees’ services
				rendered to the debtor during the period beginning on the date of
			 commencement
				of the case and ending on the date of the withdrawal from the
				plan.
					.

			III
			Restricting Executive Compensation
			 Programs

				301.
				Executive compensation upon exit from
			 bankruptcy
				Section 1129(a) of
			 title 11, United States Code, is amended—

					(1)
					in paragraph (4), by adding at the end the
			 following: Except for compensation subject to review under paragraph (5),
			 payments or other distributions under the plan to or for the benefit of
			 insiders, senior executive officers, and any of the 20 next most highly
			 compensated employees or consultants providing services to the debtor,
			 shall
			 not be approved except as part of a program of payments or distributions
			 generally applicable to employees of the debtor, and only to the extent
			 that
			 the court determines that such payments are not excessive or
			 disproportionate
			 compared to distributions to the debtor’s nonmanagement workforce.; and

					(2)
					in paragraph (5)—

						(A)
						in subparagraph (A)(ii), by striking
			 and at the end;

						(B)
						in subparagraph (B), by striking the period
			 at the end and inserting ; and; and
					(C)by adding at the end the following:

								(C)
								the compensation disclosed pursuant to
				subparagraph (B) has been approved by, or is subject to the
			 approval of, the
				court as reasonable when compared to individuals holding comparable
			 positions
				at comparable companies in the same industry and not
			 disproportionate in light
				of economic concessions by the debtor’s nonmanagement workforce
			 during the
				case.
							.

				302.
				Limitations on executive compensation
			 enhancements
				Section 503(c) of
			 title 11, United States Code, is amended—

					(1)
					in paragraph (1), in the matter preceding subparagraph (A)—

						(A)
						by inserting , a senior executive
			 officer, or any of the 20 next most highly compensated employees or
			 consultants after an insider;

						(B)
						by inserting or for the payment of
			 performance or incentive compensation, or a bonus of any kind, or other
			 financial returns designed to replace or enhance incentive, stock, or
			 other
			 compensation in effect before the date of the commencement of the case,
			 after remain with the debtor’s business,; and

						(C)
						by inserting clear and convincing before
			 evidence in the record; and

					(2)
					by amending paragraph (3) to read as
			 follows:

							(3)
							other transfers or obligations, to or for
				the benefit of insiders, senior executive officers, managers, or
			 consultants
				providing services to the debtor, in the absence of a finding by
			 the court,
				based upon clear and convincing evidence, and without deference to
			 the debtor’s
				request for such payments, that such transfers or obligations are
			 essential to
				the survival of the debtor’s business or (in the case of a
			 liquidation of some
				or all of the debtor’s assets) essential to the orderly liquidation
			 and
				maximization of value of the assets of the debtor, in either case,
			 because of
				the essential nature of the services provided, and then only to the
			 extent that
				the court finds such transfers or obligations are reasonable
			 compared to
				individuals holding comparable positions at comparable companies in
			 the same
				industry and not disproportionate in light of economic concessions
			 by the
				debtor’s nonmanagement workforce during the
				case.
						.

				303.
				Assumption of executive benefit
			 plans
				Section 365 of title 11,
			 United States Code, is amended—

					(1)
					in subsection (a), by striking and
			 (d) and inserting (d), (q), and (r); and

					(2)
					by adding at the end the following:

							(q)
							No deferred compensation arrangement for
				the benefit of insiders, senior executive officers, or any of the
			 20 next most
				highly compensated employees of the debtor shall be assumed if a
			 defined
				benefit plan for employees of the debtor has been terminated
			 pursuant to
				section 4041 or 4042 of the Employee Retirement Income Security Act
			 of 1974, on
				or after the date of the commencement of the case or within 180
			 days before the
				date of the commencement of the case.

							(r)
							No plan, fund, program, or contract to
				provide retiree benefits for insiders, senior executive officers,
			 or any of the
				20 next most highly compensated employees of the debtor shall be
			 assumed if the
				debtor has obtained relief under subsection (g) or (h) of section
			 1114 to
				impose reductions in retiree benefits or under subsection (d) or
			 (e) of section
				1113 to impose reductions in the health benefits of active
			 employees of the
				debtor, or reduced or eliminated health benefits for active or
			 retired
				employees within 180 days before the date of the commencement of
			 the
				case.
						.

				304.
				Recovery of executive
			 compensation(a)In general
					Subchapter III of chapter 5 of title 11, United
			 States Code, is amended by inserting after section 562 the following:

							563.
							Recovery of executive compensation

								(a)
								If a debtor has obtained relief under
				subsection (d) of section 1113, or subsection (g) of section 1114,
			 by which the
				debtor reduces the cost of its obligations under a collective
			 bargaining
				agreement or a plan, fund, or program for retiree benefits as
			 defined in
				section 1114(a), the court, in granting relief, shall determine the
			 percentage
				diminution in the value of the obligations when compared to the
			 debtor’s
				obligations under the collective bargaining agreement, or with
			 respect to
				retiree benefits, as of the date of the commencement of the case
			 under this
				title before granting such relief. In making its determination, the
			 court shall
				include reductions in benefits, if any, as a result of the
			 termination pursuant
				to section 4041 or 4042 of the Employee Retirement Income Security
			 Act of 1974,
				of a defined benefit plan administered by the debtor, or for which
			 the debtor
				is a contributing employer, effective at any time on or after 180
			 days before
				the date of the commencement of a case under this title. The court
			 shall not
				take into account pension benefits paid or payable under such Act
			 as a result
				of any such termination.

								(b)
								If a defined benefit pension plan
				administered by the debtor, or for which the debtor is a
			 contributing employer,
				has been terminated pursuant to section 4041 or 4042 of the
			 Employee Retirement
				Income Security Act of 1974, effective at any time on or after 180
			 days before
				the date of the commencement of a case under this title, but a
			 debtor has not
				obtained relief under subsection (d) of section 1113, or subsection
			 (g) of
				section 1114, the court, upon motion of a party in interest,
			 shall
				determine the percentage diminution in the value of benefit
			 obligations when
				compared to the total benefit liabilities before such termination.
			 The court
				shall not take into account pension benefits paid or payable under
			 title IV of
				the Employee Retirement Income Security Act of 1974 as a result of
			 any such
				termination.

								(c)
								Upon the determination of the percentage
				diminution in value under subsection (a) or (b), the estate shall
			 have a claim
				for the return of the same percentage of the compensation paid,
			 directly or
				indirectly (including any transfer to a self-settled trust or
			 similar device,
				or to a nonqualified deferred compensation plan under section
			 409A(d)(1) of the
				Internal Revenue Code of 1986) to any officer of the debtor serving
			 as member
				of the board of directors of the debtor within the year before the
			 date of the
				commencement of the case, and any individual serving as chairman or
			 lead
				director of the board of directors at the time of the granting of
			 relief under
				section 1113 or 1114 or, if no such relief has been granted, the
			 termination of
				the defined benefit plan.

								(d)
								The trustee or a committee appointed
				pursuant to section 1102 may commence an action to recover such
			 claims, except
				that if neither the trustee nor such committee commences an action
			 to recover
				such claim by the first date set for the hearing on the
			 confirmation of plan
				under section 1129, any party in interest may apply to the court
			 for authority
				to recover such claim for the benefit of the estate. The costs of
			 recovery
				shall be borne by the estate.

								(e)
								The court shall not award postpetition
				compensation under section 503(c) or otherwise to any person
			 subject to
				subsection (c) if there is a reasonable likelihood that such
			 compensation is
				intended to reimburse or replace compensation recovered by the
			 estate under
				this
				section.
							.(b)Technical and conforming amendmentThe table of sections for chapter 5 of title 11, United
			 States Code, is amended by inserting after the item relating to section
			 562 the following:563. Recovery of executive compensation..

				305.
				Preferential compensation
			 transfer
				Section 547 of title
			 11, United States Code, is amended by adding at the end the following:

						(j)(1)
							The trustee may avoid a transfer—(A)made—(i)to or for
				the benefit of an insider (including an obligation incurred for the
			 benefit of
				an insider under an employment contract) made in anticipation of
			 bankruptcy; or(ii)in anticipation of bankruptcy to a consultant who
			 is formerly
				an insider and who is retained to provide services to an entity
			 that becomes a
				debtor (including an obligation under a contract to provide
			 services to such
				entity or to a debtor); and(B)made or incurred on or within 1 year before
			 the filing
				of the petition.(2)No provision of subsection (c) shall constitute a
			 defense
				against the recovery of a transfer described in paragraph (1).(3)The trustee or a committee
			 appointed
				pursuant to section 1102 may commence an action to recover such
			 transfer,
				except that, if neither the trustee nor such committee commences an
			 action to
				recover such transfer by the time of the commencement of a hearing
			 on the
				confirmation of a plan under section 1129, any party in interest
			 may apply to
				the court for authority to recover the claims for the benefit of
			 the estate.
				The costs of recovery shall be borne by the
				estate.
						.

			IV
			Other Provisions

				401.
				Union proof of claim
				Section 501(a) of title 11, United States
			 Code, is amended by inserting , including a labor organization,
			 after A creditor.

				402.
				Exception from automatic stay
				Section 362(b) of title 11, United States
			 Code, is amended—

					(1)
					in paragraph (27), by striking
			 and at the end;

					(2)
					in paragraph (28), by striking the period
			 at the end and inserting ; and; and

					(3)
					by adding at the end the following:

							(29)
							of the commencement or continuation of a
				grievance, arbitration, or similar dispute resolution proceeding
			 established by
				a collective bargaining agreement that was or could have been
			 commenced against
				the debtor before the filing of a case under this title, or the
			 payment or
				enforcement of an award or settlement under such
				proceeding.
						.