114 S393 IS: Berryessa Snow Mountain National Monument Act
U.S. Senate
2015-02-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 393IN THE SENATE OF THE UNITED STATESFebruary 5, 2015Mr. Reid (for Mrs. Boxer (for herself and Mrs. Feinstein)) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo designate the Berryessa Snow Mountain National Monument in the State of California, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Berryessa Snow Mountain National Monument Act. 2.DefinitionsIn this Act:
 (1)Advisory councilThe term advisory council means the Berryessa Snow Mountain National Monument Advisory Council established under section 6(a).
 (2)Management planThe term management plan means either a new plan or an amendment to an existing plan developed for the National Monument under section 5(c).
			(3)Motor vehicle use map
 (A)In generalThe term motor vehicle use map means each map prepared by the Forest Service with respect to authorized motor vehicle use within the Mendocino National Forest and entitled Motor Vehicle Use Map, Mendocino National Forest.
 (B)InclusionThe term motor vehicle map includes periodic revisions of a map described in subparagraph (A). (4)National monumentThe term National Monument means the Berryessa Snow Mountain National Monument established by section 3(a).
 (5)SecretaryThe term Secretary means— (A)the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture; and
 (B)the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior.
 (6)SecretariesThe term Secretaries means the Secretary of Agriculture and the Secretary of the Interior, acting jointly. (7)StateThe term State means the State of California.
			3.Establishment of Berryessa Snow Mountain National Monument, California
 (a)EstablishmentSubject to valid existing rights, there is established in the State the Berryessa Snow Mountain National Monument.
 (b)PurposeThe purpose of the National Monument is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historic, natural, educational, and scientific resources of the land included in the National Monument.
 (c)Area includedThe National Monument consists of Federal land and interests in Federal land within Napa, Lake, Mendocino, Solano, Glenn, Colusa, and Yolo Counties in the State, as depicted on the map entitled Berryessa Snow Mountain National Monument.
			(d)Legal descriptions; corrections of errors
 (1)In generalAs soon as practicable, but not later than 2 years after the date of enactment of this Act, the Secretaries shall prepare a final map and legal descriptions of the National Monument.
 (2)SubmissionAs soon as practicable after the date on which the map and legal descriptions are prepared under paragraph (1), the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives the map and legal descriptions prepared under that paragraph.
 (3)Public availabilityThe map and legal descriptions prepared under paragraph (1) shall be available for public inspection at appropriate offices of the Bureau of Land Management and the Forest Service.
 (4)Legal effectThe map and legal descriptions prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretaries may correct clerical and typographical errors in the map and legal descriptions.
				4.Access and buffer zones
			(a)Non-Federal land and interests
 (1)No requirement of public accessNothing in this Act requires the owner of non-Federal land to allow public access to private property.
 (2)Effect on other lawsNothing in this Act modifies any provision of Federal, State, or local law with respect to the use of non-Federal land.
 (b)AccessThe Secretary shall continue to provide historical and adequate access to private inholdings in the National Monument.
			(c)Buffer zones
 (1)In generalNothing in this Act creates a protective perimeter or buffer zone around the National Monument. (2)Activities outside of National MonumentThe fact that any activities or uses outside the boundary of the National Monument can be seen or heard within the National Monument shall not preclude the activities or uses outside the boundary of the National Monument.
				5.Management of Federal land in National Monument
			(a)Basis of management
 (1)Applicable lawsThe Secretary shall manage the National Monument in a manner that conserves, protects, and enhances the natural resources and values of the National Monument, in accordance with—
 (A)this Act; (B)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), with respect to land managed by the Director of the Bureau of Land Management;
 (C)the Wilderness Act (16 U.S.C. 1131 et seq.); (D)the Act of June 17, 1902 (32 Stat. 388, chapter 1093);
 (E)other laws (including regulations) applicable to the National Forest System, with respect to land managed by the Chief of the Forest Service; and
 (F)other applicable law (including regulations). (2)Resolution of conflictsIf there is a conflict between a provision of this Act and a provision of a law described in paragraph (1), the more restrictive provision shall control.
				(b)Uses
 (1)In generalThe Secretary shall allow only such uses of the National Monument as the Secretary determines would further the purposes described in section 3(b).
 (2)Tribal cultural usesNothing in this Act enlarges or diminishes the rights of any Indian tribe. (3)Recreational usesThe Secretary shall continue to authorize, maintain, and enhance the recreational uses of the National Monument, including hunting, fishing, camping, hiking, hang gliding, sightseeing, nature study, horseback riding, rafting, mountain biking and motorized recreation on authorized routes, and other recreational activities, if the Secretary determines that the recreational use is consistent with the purposes described in section 3(b), this section, other applicable law (including regulations), and applicable management plans.
				(c)Management plan
 (1)In generalNot later than 3 years after the date of enactment of this Act, the Secretaries shall develop a comprehensive plan for the protection and management of the Federal land included within the National Monument that fulfills the purposes described in section 3(b).
 (2)RequirementsThe management plan shall— (A)describe the appropriate uses and management of the National Monument;
 (B)identify short-term and long-term management actions for the National Monument; (C)prioritize management actions identified under subparagraph (B), based on projected availability of resources;
 (D)include a weed management component (including use of grazing as appropriate) to guide noxious weed control efforts and activities;
 (E)include a habitat restoration opportunity component; (F)include a recreational opportunity enhancement component;
 (G)include a native fish passage and habitat quality improvement component; (H)include a component that addresses public safety and environmental cleanup issues associated with illegal marijuana production within the National Monument; and
 (I)identify areas outside of designated wilderness in which nonmotorized recreation would be emphasized.
 (3)Public participation and special considerationsIn developing the management plan, to the extent consistent with this section, the Secretaries— (A)shall solicit extensive public input;
 (B)shall take into consideration any information developed in studies of the land within the National Monument;
 (C)shall assess available climate change information pertinent to the National Monument; (D)shall include standards and practices—
 (i)to ensure the preservation of wildlife corridors; and
 (ii)to facilitate species migration; (E)shall identify opportunities to promote voluntary cooperative conservation projects with State, local, and private interests;
 (F)shall take into consideration existing land uses (including grazing) on the Federal land within the National Monument; and
 (G)may incorporate any provision from a resource management plan, land and resource management plan, or any other plan applicable to the National Monument.
 (4)Consultation with advisory councilIn implementing the management plan and in considering any recommendations from the advisory council, the Secretaries shall consult with the advisory council on a regular basis.
 (5)Cooperative agreementsIn carrying out this Act, the Secretaries may make grants to, or enter into cooperative agreements with, State, tribal, and local governmental entities and private entities to conduct research, develop scientific analyses, and carry out any other initiative relating to the restoration or conservation of the National Monument.
 (d)Fish and wildlifeNothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary, after consultation with the State Department of Fish and Wildlife, may designate zones in the National Monument in which, and periods during which, hunting shall not be allowed for reasons of public safety, administration, or public use and enjoyment.
			(e)Motorized and mechanized vehicles
 (1)In generalExcept as needed for administrative purposes or to respond to an emergency, the use of motorized and mechanized vehicles on land within the National Monument shall be permitted only on roads and trails designated for such use.
 (2)Additional requirementIn developing the management plan required under subsection (c), to the extent consistent with this section, the Secretary shall incorporate the motor vehicle use maps with respect to land under the jurisdiction of the Chief of the Forest Service.
 (3)Required analysesIn developing the management plan (and making any subsequent amendment to the management plan) under subsection (c), the Secretary shall explicitly analyze and document—
 (A)each instance in which the requirements of this section or other applicable law (including regulations) necessitates alterations to the motorized route designations described in the motor vehicle use maps; and
 (B)the manner in which the motor vehicle use maps are consistent with this section.
					(f)Acquisition and incorporation of land and interests
 (1)AuthorityThe Secretary may acquire non-Federal land within the boundaries of the National Monument only through exchange, donation, or purchase from a willing seller.
 (2)ManagementAny land or interest in land that is located within the National Monument that is acquired by the United States shall—
 (A)become part of the National Monument; and (B)be managed in accordance with this Act.
					(g)Withdrawal
 (1)In generalSubject to valid existing rights and except as provided in paragraph (2), all Federal land within the National Monument is withdrawn from—
 (A)entry, appropriation, or disposal under the public land laws; (B)location, entry, and patent under the mining laws; and
 (C)leasing or disposition under all laws relating to— (i)minerals; and
 (ii)operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2)Limited conveyanceThe Secretary may authorize the conveyance of Federal land within the National Monument if—
 (A)the purpose for which the land is to be conveyed is consistent with the purposes specified in section 3(b);
 (B)the conveyance would benefit the National Monument and is in the public interest, as determined by the Secretary; and
 (C)the conveyance is made in accordance with applicable law (including regulations). (h)Grazing (1)Existing locationsLivestock grazing within the National Monument, where established before the date of enactment of this Act, shall be permitted to continue subject to applicable law (including regulations).
 (2)Additional grazingLivestock grazing within the National Monument, where not established before the date of enactment of this Act, shall be—
 (A)permitted only to the extent that the grazing is consistent with the purposes described in section 3(b); and
 (B)subject to applicable law (including regulations). (3)Targeted grazingThe Secretary may issue annual targeted grazing permits for purposes of the control of noxious weeds, fire suppression, or to provide other ecological benefits consistent with the purposes described in section 3(b).
 (i)Wildland fire operationsNothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Monument consistent with the purposes described in section 3(b).
 (j)HorsesSubject to any terms and conditions determined to be necessary by the Secretary, nothing in this Act precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, the National Monument, if the use is consistent with the purposes described in section 3(b) and other applicable law (including regulations).
			6.Berryessa Snow Mountain National Monument Advisory Council
 (a)EstablishmentNot later than 180 days after the date of enactment of this Act, the Secretaries shall establish an advisory council for the National Monument, to be known as the Berryessa Snow Mountain National Monument Advisory Council.
 (b)DutiesThe advisory council shall advise the Secretaries with respect to the preparation and implementation of the management plan.
 (c)Applicable lawThe advisory council shall be subject to— (1)the Federal Advisory Committee Act (5 U.S.C. App.);
 (2)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3)all other applicable law.
 (d)MembersThe advisory council shall be composed of 16 members, to be appointed by the Secretaries, of whom, to the maximum extent practicable—
 (1)1 member shall be appointed after considering the recommendations of the Lake County Board of Supervisors;
 (2)1 member shall be appointed after considering the recommendations of the Napa County Board of Supervisors;
 (3)1 member shall be appointed after considering the recommendations of the Yolo County Board of Supervisors;
 (4)1 member shall be appointed after considering the recommendations of the Mendocino County Board of Supervisors;
 (5)1 member shall be appointed after considering the recommendations of the Solano County Board of Supervisors;
 (6)1 member shall be appointed after considering the recommendations of the Glenn County Board of Supervisors;
 (7)1 member shall be appointed after considering the recommendations of the Colusa County Board of Supervisors;
 (8)1 member shall be appointed after considering the recommendations of the head of the California Resources Agency;
 (9)1 member shall be appointed to represent Indian tribes; and (10)7 members shall—
 (A)reside in, or within reasonable proximity to, Yolo County, Napa County, Mendocino County, Solano County, Glenn County, Colusa County, or Lake County, California; and
 (B)have backgrounds that reflect— (i)the purposes described in section 3(b); and
 (ii)the interest of persons affected by the planning and management of the National Monument, including persons representing agricultural, private landowners, environmental, recreational, tourism, or other non-Federal land interests.
 (e)RepresentationThe Secretaries shall ensure that the membership of the advisory council is fairly balanced in terms of—
 (1)the points of view represented by the members of the advisory council; and (2)the functions to be performed by the advisory council.
				(f)Terms
 (1)In generalExcept as provided in paragraph (2), a member of the advisory council shall be appointed for a term of 3 years.
 (2)Initial membersNotwithstanding paragraph (1), of the members first appointed to the advisory council—
 (A)4 members shall be appointed for a term of 1 year; and
 (B)4 members shall be appointed for a term of 2 years. (3)ReappointmentA member may be reappointed to serve on the advisory council on the expiration of the term of the member.
 (4)VacancyA vacancy on the advisory council shall be filled in the same manner as the original appointment of the member.
				(g)Quorum
 (1)In generalA quorum of the advisory council shall be 8 members. (2)EffectIf quorum has otherwise been attained, the operation of the advisory council shall not be impaired by the fact that a member has not yet been appointed.
 (h)Chairperson and proceduresThe advisory council shall— (1)elect a chairperson of the advisory council; and
 (2)establish such rules and procedures for the advisory council as the advisory council determines to be necessary or desirable.
 (i)Service without compensationMembers of the advisory council shall serve without pay. (j)TerminationThe advisory committee shall terminate on the later of—
 (1)the date that is 5 years after the date on which the management plan is officially adopted by the Secretaries; or
 (2)the date that the Secretaries determine to be appropriate. 7.WaterNothing in this Act—
 (1)affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water;
 (2)affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States;
 (3)affects any interstate water compact in existence on the date of enactment of this Act; (4)authorizes or imposes any new reserved Federal water rights;
 (5)relinquishes or reduces any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act;
 (6)impairs the ability of the Bureau of Reclamation and any managing partners of the Bureau of Reclamation to operate, maintain, or manage Monticello Dam, Lake Berryessa, and other Solano Project facilities in accordance with the purposes of the project;
 (7)modifies, changes, or supersedes any water contract or agreements approved or administered by the Bureau of Reclamation or Solano County Water Agency or Solano Irrigation District; or
 (8)affects the use of motorized or nonmotorized watercraft (including personal, commercial, and recreational watercraft) on Lake Berryessa.


		II
		111th CONGRESS
		2d Session
		S. 3757
		IN THE SENATE OF THE UNITED STATES

			August 5, 2010
			Mr. Feingold (for
			 himself and Mr. Leahy) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Foreign
			 Relations

		A BILL
		To reaffirm United States objectives in Ethiopia and
		  encourage critical democratic and humanitarian principles and practices, and
		  for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Support for Democracy and Human
			 Rights in Ethiopia Act of 2010.
		2.FindingsCongress makes the following
			 findings:
			(1)Despite progress
			 and an estimated annual growth rate of nearly 10 percent, Ethiopia remains one
			 of the poorest and most hunger-prone countries in the world, with more than
			 half of the population of 78,000,000 living on less than $1 per day.
			(2)Since the
			 collapse of the Derg and overthrow of the Mengistu regime in 1991, the
			 Ethiopian Peoples’ Revolutionary Democratic Front-led government has overseen
			 the introduction of a multiparty system and the adoption of a new constitution
			 that guarantees economic, social, and cultural rights and states that
			 human and democratic rights of peoples and citizens shall be
			 protected.
			(3)Ethiopia and
			 Eritrea fought a bloody border war between 1998 and 2000, and, despite the
			 Algiers Accord ending the conflict and the agreement to abide by the final and
			 binding Ethiopia-Eritrea Border Commission (EEBC) arbitration, the Government
			 of Ethiopia has refused to comply with the final physical demarcation of the
			 border and the Government of Eritrea has expelled the United Nations
			 peacekeeping force, causing regional instability and keeping alive the
			 possibility of a renewed border war.
			(4)According to the
			 March 2010 report by the United Nations Monitoring Group on Somalia, “Since the
			 cessation of hostilities between the [Ethiopia and Eritrea] in 2000, Asmara has
			 sought to counter Ethiopian influence in the region and supported armed groups
			 within Ethiopia who oppose the current government. Since 2006, and possibly
			 earlier, Eritrea has supported opposition to the Transitional Federal
			 Government, which it perceives as a proxy for the Government of
			 Ethiopia.”
			(5)Sporadic fighting
			 has continued between Ethiopian National Defense Forces (ENDF) and armed
			 opposition Ogaden National Liberation Front (ONLF) in the Somali Region of
			 Ethiopia. Stringent restrictions continue to be placed on media and aid
			 workers, making it difficult for independent observers and aid workers to
			 monitor or respond to the humanitarian and human rights situation, including
			 the behavior of the Ethiopian National Defense Forces, allied militia forces,
			 and the Ogaden National Liberation Front.
			(6)Credible sources
			 indicate there are ongoing and serious human rights abuses against civilians in
			 the Somali Region, including arbitrary arrests and detentions by military,
			 police and paramilitary forces; allegations of torture in military and police
			 custody, including sexual violence against women and girls; and diversion of
			 food aid intended for civilian communities.
			(7)In the run up to
			 the 2010 elections, the Ethiopian Parliament passed a number of new laws,
			 including the Charities and Societies Proclamation and the Anti-Terrorism
			 Proclamation, which severely restrict freedom of expression, freedom of
			 association, peaceful assembly, and the right to a fair trial, while broadening
			 the definition of terrorism.
			(8)The Department of
			 State’s 2009 Country Reports on Human Rights Practices states that
			 although the constitution and law prohibit the use of torture and
			 mistreatment … [o]pposition political party leaders reported frequent and
			 systematic abuse and intimidation of their supporters by police and regional
			 militias and that opposition UDJ party president Birtukan
			 Mideksa, whose pardon was revoked and life sentence reinstate in December 2008,
			 remain in prison throughout the year. She was held in solitary confinement …
			 despite a court ruling that indicate it was a violation of her constitutional
			 rights.
			(9)In its 2010
			 Freedom in the World report, Freedom House noted that, in the run up to
			 elections, Ethiopia saw a narrowing of political activity … and
			 that the government cracked down on operations of nongovernmental
			 organizations and … a series of arrests of opposition figures.
			(10)The European
			 Union Election Observer Mission noted in its preliminary statement on the May
			 23, 2010 elections, The National Electoral Board of Ethiopia
			 administered the electoral process in an efficient and competent manner, but
			 failed to dispel opposition parties' lack of trust in its independence. While
			 several positive improvements have been introduced, the electoral process fell
			 short of certain international commitments, notably regarding the transparency
			 of the process and the lack of a level playing field for all contesting
			 parties.
			(11)In testimony
			 before the Subcommittee on Africa and Global Health of the Committee on Foreign
			 Affairs of the House of Representatives, Assistant Secretary of State for
			 African Affairs Johnnie Carson stated that [w]hile the [Ethiopian]
			 elections were calm and peaceful and largely without any kind of violence we
			 note with some degree of remorse that the elections there were not up to
			 international standards, and that [i]t is important that
			 Ethiopia move forward in strengthening its democratic institutions and when
			 elections are held that it level the playing field to give everyone a free
			 opportunity to participate without fear or favor.
			(12)On May 25th,
			 2010, the National Security Council’s spokesman Mike Hammer, released a
			 statement which noted with concern that The limitation of independent
			 observation and the harassment of independent media representatives [in
			 Ethiopia] are deeply troubling … [and that an] environment conducive to free
			 and fair elections was not in place even before Election Day. The
			 statement also noted that [i]n recent years, the Ethiopian government
			 has taken steps to restrict political space for the opposition through
			 intimidation and harassment, tighten its control over civil society, and
			 curtail the activities of independent media. We are concerned that these
			 actions have restricted freedom of expression and association and are
			 inconsistent with the Ethiopian government’s human rights
			 obligations.
			3.Statement of
			 policyIt is the policy of the
			 United States—
			(1)to support and
			 encourage efforts by the people and Government of Ethiopia—
				(A)to achieve a
			 participatory multiparty democracy, an active and unhindered civil society,
			 rule of law and accountability, judicial capacity and independence, freedom of
			 the press, respect for human rights, and economic development; and
				(B)to develop a
			 comprehensive strategy to combat extremism and terrorism in a manner consistent
			 with international law;
				(2)to promote peace
			 and stability, equal access to humanitarian assistance regardless of gender,
			 ethnicity, religion, or political views, and good governance, transparency, and
			 accountability;
			(3)to seek the
			 unconditional release of all political prisoners and prisoners of conscience in
			 Ethiopia, and the repeal of laws that enable politically motivated arrests
			 without due process;
			(4)to prohibit
			 funding to any unit of the Ethiopian security forces if the Secretary of State
			 has credible information that such unit has committed a gross violation of
			 human rights, unless the Secretary certifies to the appropriate congressional
			 committees that the Government of Ethiopia is taking effective measures to
			 bring the responsible members of the security forces unit to justice;
			 and
			(5)to seek a
			 resolution of the ongoing dispute between the Government of Ethiopia and the
			 Government of Eritrea consistent with the Ethiopia-Eritrea Border Commission
			 arbitration decisions on border demarcation, to press the Government of Eritrea
			 to cease all support for armed opposition groups in Ethiopia and the region,
			 and to urge both Governments to contribute constructively to stability
			 throughout the Horn of Africa, especially in Somalia.
			4.Sense of
			 CongressIt is the sense of
			 Congress that the United States Government should—
			(1)build on
			 successful diplomatic efforts that contributed to the October 2007 release of
			 political prisoners in Addis Ababa, and press the Ethiopian government to
			 release Birtukan Mideksa, as well as other political prisoners;
			(2)urge the
			 Government of Ethiopia to repeal or at a minimum amend the Civil Society
			 Proclamation, the Anti-Terrorism Proclamation, and the Mass Media and Freedom
			 of Information Proclamation in order to genuinely protect the constitutional
			 rights and freedoms of all Ethiopian citizens;
			(3)press the
			 Government of Ethiopia to allow human rights and humanitarian groups, as well
			 as the media, to have unfettered access to areas of concern throughout the
			 country;
			(4)encourage and
			 assist the United Nations and other independent organizations and the media to
			 investigate credible reports of gross violations of human rights or
			 international humanitarian law in the Somali region of Ethiopia, to publish any
			 information of serious abuse, and send consistent messages to the Government of
			 Ethiopia that the continuation of such violations or impunity in this region,
			 or Ethiopia more generally, has consequences for relations between the United
			 States and Ethiopia; and
			(5)encourage the
			 Governments of both Ethiopia and Eritrea to immediately take steps to lessen
			 tensions, physically demarcate the border in accord with the Ethiopia-Eritrea
			 Border Commission decision, and promote normalization of relations between the
			 two countries.
			5.Restrictions on
			 assistance
			(a)Conditions
				(1)Prohibition of
			 fundsNotwithstanding any other provision of law, assistance may
			 not be provided to the Government of Ethiopia unless the Secretary of State
			 certifies annually that the Government of Ethiopia has taken demonstrable
			 steps—
					(A)to ensure the
			 autonomy and fundamental freedoms of civil society organizations to pursue work
			 on civic education, democratization, good governance, accountability, human
			 rights, and conflict resolution, without excessive government intervention or
			 intimidation;
					(B)to respect the
			 rights of and permit non-violent political parties to operate free from
			 intimidation and harassment, including releasing opposition political leaders
			 currently imprisoned;
					(C)to strengthen the
			 independence of its judiciary, including developing the capacity of the
			 judiciary at the national, regional, and local levels;
					(D)to allow Voice of
			 America and other independent media to operate and broadcast without
			 interference in Ethiopia;
					(E)to promote
			 respect for human rights and accountability within its security forces,
			 including undertaking credible investigations into any allegations of abuse and
			 ensuring appropriate punishment; and
					(F)to ensure that
			 humanitarian and development entities, including those of the United Nations,
			 have unfettered access to all regions of the country without prejudice to the
			 political views of recipients.
					(2)WaiverThe
			 prohibition included in paragraph (1) shall not apply if the Secretary of State
			 certifies in writing to Congress that waiving such a prohibition is in the
			 national security interest of the United States.
				(b)ExceptionsThe
			 prohibitions in paragraph (1) shall not apply to—
				(1)health and
			 HIV/AIDS assistance;
				(2)humanitarian
			 assistance; or
				(3)emergency food
			 aid.
				(c)ReportNot
			 later than 120 days after exercising a waiver pursuant to subsection (a)(2),
			 and every 90 days thereafter, the Secretary of State shall submit a report to
			 the appropriate congressional committees assessing progress made by the
			 Government of Ethiopia in the areas set forth in subparagraphs (A) through (F)
			 of subsection (a)(2).
			6.DefinitionsIn this Act the term appropriate
			 congressional committees means—
			(1)the Committee on
			 Foreign Relations and the Committee on Appropriations of the Senate; and
			(2)the Committee on
			 Foreign Affairs and the Committee on Appropriations of the House of
			 Representatives.


116 HR 7069 IH: DOD Water Assessment and Testing Enhanced Reporting Act of 2020
U.S. House of Representatives
2020-06-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7069IN THE HOUSE OF REPRESENTATIVESJune 1, 2020Mr. Crow (for himself, Ms. Torres Small of New Mexico, and Mr. Lamborn) introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo direct the Secretary of Defense to assess and report on the water scarcity evaluation practices of the Department of Defense, and for other purposes.1.Short titleThis Act may be cited as the DOD Water Assessment and Testing Enhanced Reporting Act of 2020 or the WATER Act of 2020.2.Department of Defense water scarcity evaluation practices(a)ReportNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to Congress a report on the water scarcity evaluation practices used by the Department with respect to defense installations. Such a report shall include—(1)an analysis and determination of the value of developing a coordinated, enterprise-wide water scarcity assessment using leading practices compared to continuing individual service-level assessments;(2)a justification for the assessment technique determined preferable under paragraph (1); and(3)a proposed policy with respect to the water scarcity evaluation practices of the Department.(b)Development of recurring assessment(1)In generalBased on the results of the report required under subsection (a), the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop and implement a recurring water scarcity assessment at defense installations.(2)FrequencyThe recurring water scarcity assessment required under paragraph (1) shall be conducted not less frequently than once every 10 years.(3)Consultation requirementThe Secretary shall consult with all relevant entities, including as necessary adjacent communities, Tribes, and agricultural enterprises, as well as other Federal land managers, to understand the full scope of how water scarcity may impact an installation.(4)ReportThe Secretary of Defense shall submit to the congressional defense committees a report on the findings of each water scarcity assessment conducted under this subsection. Such report shall include—(A)an identification of the availability of water, as of the date of the submittal of the report;(B)an identification of projected future water availability;(C)an account of all sources of water;(D)the precise locations of all water identified; and(E)a comprehensive list of all locations.


		II
		111th CONGRESS
		1st Session
		S. 1956
		IN THE SENATE OF THE UNITED
		  STATES

			October 28, 2009
			Mr. Casey introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on
		  Benzenamine, 4 Dodecyl.

		1.Benzenamine, 4 Dodecyl
			(a)In generalSubchapter II of chapter 99 of the
			 Harmonized Tariff Schedule of the United States is amended by inserting in
			 numerical sequence the following new heading:

								9902.01.00Benzenamine, 4 Dodecyl (CAS No. 104–42–7) (provided for in
						subheading 2921.49.45)FreeNo changeNo changeOn or before 12/31/2011

					.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies to articles entered, or withdrawn from warehouse for
			 consumption, on or after the 15th day after the date of the enactment of this
			 Act.


115 S1561 IS: Open America's Waters Act of 2017
U.S. Senate
2017-07-13
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 CONGRESS1st SessionS. 1561IN THE SENATE OF THE UNITED STATESJuly 13, 2017Mr. McCain introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo repeal the Jones Act restrictions on coastwise trade, and for other purposes.

 1.Short titleThis Act may be cited as the Open America's Waters Act of 2017. 2.Repeal of certain limitations on coastwise trade (a)In generalSection 12112(a) of title 46, United States Code, is amended to read as follows:

					(a)In
 generalA coastwise endorsement may be issued for a vessel that qualifies under the laws of the United States to engage in the coastwise trade..
 (b)RegulationsNot later than 90 days after the date of the enactment of this Act, the Commandant of the United States Coast Guard shall issue regulations to implement the amendment made by subsection (a) that require all vessels permitted to engage in the coastwise trade to meet all appropriate safety and security requirements.
			(c)Conforming
			 amendments
				(1)Tank vessel
 construction standardsSection 3703a(c)(1)(C) of title 46, United States Code, is amended by striking and is qualified for documentation as a wrecked vessel under section 12112 of this title.
				(2)Liquified gas
 tankersSection 12120 of such title is amended by striking , if the vessel— and all that follows and inserting a period.
				(3)Small passenger
 vesselsSection 12121(b) of such title is amended by striking 12112,.
				(4)Loss of
 coastwise trade privilegesSection 12132 of such title is repealed. (5)Clerical amendmentThe table of sections for chapter 121 of title 46, United States Code, is amended by striking the item relating to section 12132.


117 HR 4191 IH: Gold Star Spouses Non-Monetary Benefits Act
U.S. House of Representatives
2021-06-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 4191IN THE HOUSE OF REPRESENTATIVESJune 25, 2021Ms. Stefanik (for herself and Mr. Kim of New Jersey) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on Veterans' Affairs, and Oversight and Reform, 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 restore certain non-monetary Federal benefits to surviving spouses, eligible for the Gold Star lapel button, who remarried, and for other purposes.1.Short titleThis Act may be cited as the Gold Star Spouses Non-Monetary Benefits Act. 2.Federal benefits for remarried surviving spouses eligible for the Gold Star lapel button(a)Civil service(1)Preference eligibleSection 2108(3)(D) of title 5, United States Code, is amended by striking unmarried.(2)Noncompetitive appointmentSection 3330d(a)(3)(B) of such title is amended to read as follows:(B)who was married to a member of the Armed Forces on the date on which the member dies while on active duty in the Armed Forces..(b)Department of Defense(1)Commissary and exchange benefitsSection 1062 of title 10, United States Code, is amended—(A)by inserting (a) Unremarried former spouses.— before The Secretary; and(B)by adding at the end the following new subsection:(b)Surviving spouses eligible for the gold star lapel buttionThe Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse eligible for the gold star lapel button under section 1126 of this title is entitled to commissary and exchange privileges to the same extent and on the same basis as the surviving spouse of a retired member of the uniformed services..(2)Certain morale, welfare, and recreation privileges(A)In generalChapter 54 of title 10, United States Code, is amended by adding at the end the following new section:1066.Use of commissary stores and MWR facilities: surviving spouses eligible for the gold star lapel button (a)Eligibility of surviving spouses eligible for the gold star lapel buttonA surviving spouse who is eligible for a gold star lapel button under section 1126 of this title shall be permitted to use commissary stores and MWR retail facilities on the same basis as the dependent of a member of the armed forces on active duty.(b)MWR retail facilities definedIn this section, the term MWR retail facilities has the meaning given that term in section 1063 of this title..(B)Clerical amendmentThe table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by adding at the end the following new item:1066. Use of commissary stores and MWR facilities: surviving spouses eligible for the gold star lapel button..(3)Eligibility for medical and dental careParagraph (2) of section 1072 of title 10, United States Code, is amended—(A)in subparagraph (H), by striking ; and and inserting a semicolon;(B)in subparagraph (I)(v), by striking the period at the end and inserting ; and; and(C)by adding at the end the following new subparagraph:(J)A surviving spouse who is eligible for a gold star lapel button under section 1126 of this title..(4)Entitlement to medical and dental careSection 1076(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:(F)A surviving spouse who is eligible for a gold star lapel button under section 1126 of this title..(c)Department of Veterans Affairs(1)Special marriage provisionsSection 103(d)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph:(C)The remarriage of the surviving spouse of a veteran shall not bar the furnishing of non-monetary benefits to such surviving spouse if such surviving spouse is eligible for a gold star lapel button under section 1126 of title 10..(2)Eligibility for housing and small business loansSection 3701(b) of title 38, United States Code, is amended by adding at the end the following new paragraph:(8)The term veteran also includes an individual who is—(A)the surviving spouse of a veteran; and(B)eligible for a gold star lapel button under section 1126 of title 10..(d)Effective dateThe amendments made by this section shall apply beginning on the first day of the first month beginning after the date of the enactment of this Act.


I
111th CONGRESS
1st Session
H. R. 1486
IN THE HOUSE OF REPRESENTATIVES

March 12, 2009
Mr. Meek of Florida introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To amend the Fair Credit Reporting Act with respect to requirements relating to information contained in consumer reports, and for other purposes.

1.Short titleThis Act may be cited as the Mortgage Credit Repair Act of 2009.
2.FindingsThe Congress finds as follows:
(1)The United States housing bubble effectively burst towards the end of 2005, when default rates on subprime and adjustable rate mortgages increased dramatically.
(2)Mortgages with negative amelioration or any other lending mechanism for which the loan payment on principal for any period is less than the interest charged over that period for some substantial period of time have high default and foreclosure rates.
(3)Mortgages in which there are incidences of fraud or lender misconduct have high foreclosure rates, including those in which—
(A)a mortgage was obtained despite the lender fraudulently encouraging or requiring the borrower to falsify or omit information which was then used to call back the loan and leading to foreclosure;
(B)a mortgage was obtained despite the failure by the lender to give the borrower proper documentation, including Good Faith Requirements and Truth in Lending Disclosures;
(C)a mortgage was obtained despite occasions where the borrower was given incomplete forms to sign, with the required information added by the lender after the borrower’s signature was obtained; and
(D)a mortgage was obtained despite having terms which was substantially or wholly different at closing than what was previously agreed to.
(4)Standard, qualifying front-end debt ratios, that is the monthly cost of a mortgage principal, interest, taxes, and insurance (PITI) against the gross monthly income of the borrower have historically been approximately 28%, increasing for those with stellar credit histories.
(5)However, many foreclosures and mortgage-related bankruptcies involve borrowers who were given mortgages with flat or adjustable rates that caused front-end ratios well over 36% in many cases.
(6)The effects of foreclosure or a resulting bankruptcy can have a negative impact on an individual’s credit history for up to 7 years (10 years for bankruptcy) for purchases under $150,000 with related effects, and effects for purchases over $150,000 lasting much longer.
(7)Borrowers who unknowingly obtained bad, improper or fraudulent mortgages which subsequently led to foreclosure, should be given the opportunity to rebuild their credit in a responsible way without the substantial and lingering effects of foreclosure outweighing present and past responsible borrowing practices.
3.Amendment to definitionsSection 603 of the Fair Credit Reporting Act (U.S.C. 1681a) is amended by adding at the end the following new subsection:

(y)Front end ratioThe term front end ratio means a ratio that indicates what portion of an individual's income is used to make mortgage payments, calculated by dividing an individual’s gross monthly income by their housing expenses, particularly the mortgage principal, interest, taxes, and insurance (PITI)..
4.Special circumstance reliefSection 605(a) of the Fair Credit Reporting Act (U.S.C. 1681c(a)) is amended—
(1)by redesignating paragraphs (2), (3), (4), (5), and (6) as paragraphs (3), (4), (5), (7), and (8), respectively;
(2)by inserting after paragraph (1) the following new paragraph:

(2)Cases under title 11 or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of the adjudication, as the case may be, antedate the report by more than 3 years when each of the following are met:
(A)During a period not less than 6 months prior to and continuing through the time that the bankruptcy is filed, a consumer’s front-end debt ratio on a mortgage instrument originated or refinanced on or after January 1, 2003, was 37% or higher.
(B)The consumer filed for bankruptcy no earlier than January 1, 2004.
(C)The consumer has not disputed the accuracy of their report under paragraph (6) during the period beginning January 1, 2004.
(D)The consumer notifies the consumer reporting agency directly and is able to submit documentation to verify the above before March 31, 2009.; and
(3)by inserting after paragraph (5) the following new paragraph:

(6)Any adverse information excluding bankruptcy, but including closed accounts, accounts in collections, accounts charged to profit or loss, repossessions, and foreclosures, shall be excluded if all of the following circumstances have occurred:
(A)The adverse information in the consumer’s report was for new accounts and transactions added after the first payment due date on the consumer’s mortgage note, where the front end ratio then became 37% or higher, but not earlier than January 1, 2004.
(B)The adverse information in the consumer’s report was not added more than 6 months after a foreclosure on that consumer’s primary residence or March 31, 2009, whichever is earlier.
(C)The consumer notifies the consumer reporting agency directly of their intent to seek relief under this paragraph and is able to provide proper documentation and verification before March 31, 2009..
5.Conforming amendmentSubsection (b) of section 605 of the Fair Credit Reporting Act (U.S.C. 1681c(b)) is amended (in the matter preceding paragraph (1)) by striking paragraphs (1) through (5) and inserting paragraphs (1), (3), (4), (5), and (7).


110 HR 875 IH: Accountability in Government Act of

U.S. House of Representatives
2007-02-07
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.

		I
		110th CONGRESS
		1st Session
		H. R. 875
		IN THE HOUSE OF REPRESENTATIVES

			February 7, 2007
			Mr. Cardoza
			 introduced the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform

		A BILL
		To amend the Federal Financial Management Improvement Act
		  of 1996 to require the head of an agency to be reconfirmed by the Senate unless
		  the agency is found to be in compliance with the requirements of such Act, as
		  reported by the Comptroller General.

		1.Short titleThis Act may be cited as the
			 Accountability in Government Act of
			 2007.
		2.Requirement for
			 reconfirmation of agency head if agency is not in compliance with Federal
			 Financial Management Improvement Act of 1996Section 803 of the Federal Financial
			 Management Improvement Act of 1996 (31 U.S.C. 3512 note) is amended by adding
			 at the end the following new subsection:

				(d)Reconfirmation
				of heads of agencies found noncompliantIn any case in which the
				report of the Comptroller General submitted by October 1 of a year under
				section 804(c), beginning with October 1, 2008, states that an agency is not in
				compliance with the requirements of subsection (a), the head of the agency may
				not continue to serve as head of the agency unless, not later than April 1 of
				the following year, the person serving in that position is reappointed by the
				President with the advice and consent of the
				Senate.
				.


113 HR 3482 IH: Restoring Main Street Investor Protection and Confidence Act
U.S. House of Representatives
2013-11-14
text/xml
EN
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I113th CONGRESS1st SessionH. R. 3482IN THE HOUSE OF REPRESENTATIVESNovember 14, 2013Mr. Garrett (for himself, Mrs. Carolyn B. Maloney of New York, Mr. King of New York, Mr. Luetkemeyer, Mr. Himes, Mrs. Bachmann, Mr. Westmoreland, Mr. Al Green of Texas, Mr. Hurt, Mr. Fincher, Mrs. McCarthy of New York, Mr. Mulvaney, Mr. Ross, Mrs. Wagner, Mr. Murphy of Florida, Mr. Cassidy, Mr. Sessions, Ms. Ros-Lehtinen, Mr. Deutch, Mr. McCaul, Mr. Harper, Mr. Culberson, Mr. Duncan of Tennessee, Mr. Boustany, and Mr. Griffin of Arkansas) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Securities Investor Protection Act of 1970 to confirm that a customer’s net equity claim is based on the customer’s last statement and that certain recoveries are prohibited, to change how trustees are appointed, and for other purposes.1.Short titleThis Act may be cited as the Restoring Main Street Investor Protection and Confidence Act.2.Securities Investor Protection Act of 1970 amendments(a)Net equity based on last statementSection 16(11) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78lll(11)) is amended to read as follows:(11)Net equity(A)In generalThe term net equity means the dollar amount of the account or accounts of a customer, to be determined by—(i)calculating the sum which would have been owed by the debtor to such customer if the debtor had liquidated, by sale or purchase on the filing date—(I)all securities positions of such customer (other than customer name securities reclaimed by such customer); and(II)all positions in futures contracts and options on futures contracts held in a portfolio margining account carried as a securities account pursuant to a portfolio margining program approved by the Commission, including all property collateralizing such positions, to the extent that such property is not otherwise included herein; minus(ii)any indebtedness of such customer to the debtor on the filing date; plus(iii)any payment by such customer of such indebtedness to the debtor which is made with the approval of the trustee and within such period as the trustee may determine (but in no event more than sixty days after the publication of notice under section 8(a)).(B)Treatment of certain commodity futures contractsA claim for a commodity futures contract received, acquired, or held in a portfolio margining account pursuant to a portfolio margining program approved by the Commission or a claim for a security futures contract, shall be deemed to be a claim with respect to such contract as of the filing date, and such claim shall be treated as a claim for cash.(C)Treatment of accounts held by a customer in separate capacitiesIn determining net equity under this paragraph, accounts held by a customer in separate capacities shall be deemed to be accounts of separate customers.(D)Reliance on final customer statement(i)In generalIn determining net equity under this paragraph, the positions, options, and contracts of a customer reported to the customer as held by the debtor, and any indebtedness of the customer to the debtor, shall be determined based on—(I)the information contained in the last statement issued by the debtor to the customer before the filing date; and(II)any additional written confirmations of the customer’s positions, options, contracts, or indebtedness received after such last statement but before the filing date.(ii)Exception when debtor’s records indicate higher valueNotwithstanding clause (i), if the books and records of the debtor indicate that the net value of a customer’s positions, options, and contracts reported to the customer as held by the debtor, and any indebtedness of the customer to the debtor, is greater than the net value of the customer as calculated under clause (i) using the customer’s last statement, then the determination of the net equity of the customer under this paragraph shall be done using the books and records of the debtor instead of the customer’s last statement.(iii)Fraud exceptionThe provisions of this subparagraph shall not apply to any customer that—(I)knew the debtor was involved in fraudulent activity with respect to any customer of the debtor which reasonably indicated a fraud adversely affecting a substantial number of customers; or(II)was a person that—(aa)was, or was required to be, registered—(AA)as a broker or dealer under the Securities Exchange Act of 1934; or(BB)as an investment adviser under the Investment Advisers Act of 1940, or that would have been required to register as an investment adviser under the Investment Advisers Act of 1940 but for section 203(m) of such Act;(bb)knew, or, due to the activities of such person causing such person to be described under item (aa), should have known, that the debtor was involved in fraudulent activity with respect to any customer of the debtor; and(cc)did not notify SIPC, the Commission, or law enforcement personnel that the debtor was involved in such fraudulent activity..(b)Allocation of customer property to customersSection 8(c) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78fff–2(c)) is amended—(1)in paragraph (1), by amending subparagraph (B) to read as follows:(B)second, to customers of such debtor, as described under paragraph (4);; and(2)by adding at the end the following:(4)Allocation of customer property to customers(A)In generalAllocations of customer property to customers under paragraph (1)(B) shall be made such that customers share in customer property based on a methodology—(i)based on the net equity of a customer, as determined using the last statement issued by the debtor to the customer before the filing date;(ii)determined by the trustee, in consultation with the Commission; and(iii)approved by the court.(B)Alternate methodologyIf the trustee determines that allocating customer property in accordance with subparagraph (A) would be unfair and inequitable to a substantial segment of customers and would not fully serve the remedial purposes of this Act, allocations of customer property to customers under paragraph (1)(B) shall be made such that customers share in customer property based on a fair and reasonable methodology, with special consideration for the typical, non-professional investor, that—(i)if the trustee determines that it is necessary in order to reach a fair and reasonable result, is determined without regard to section 16(11)(D);(ii)is determined by the trustee, in consultation with the Commission; and(iii)is approved by the court.(C)Public notice and commentBefore approving a proposed methodology under subparagraph (A)(ii) or subparagraph (B)(ii), the court shall—(i)notify customers and other interested parties that the court is considering the proposed methodology; and(ii)provide the customers and interested parties an opportunity to provide comments on the proposed methodology..(c)Prohibition on certain recoveries(1)In generalSection 8 of the Securities Investor Protection Act of 1970 (15 U.S.C. 78fff–2) is amended by adding at the end the following new subsection:(g)Prohibition on certain recoveriesNotwithstanding any other provision of this Act, a trustee may not recover any property transferred by the debtor to a customer before the filing date unless, at the time of such transfer, such customer—(1)knew the debtor was involved in fraudulent activity with respect to any customer of the debtor which reasonably indicated a fraud adversely affecting a substantial number of customers; or(2)was a person that—(A)was, or was required to be, registered—(i)as a broker or dealer under the Securities Exchange Act of 1934; or(ii)as an investment adviser under the Investment Advisers Act of 1940, or that would have been required to register as an investment adviser under the Investment Advisers Act of 1940 but for section 203(m) of such Act;(B)knew, or, due to the activities of such person causing such person to be described under subparagraph (A), should have known, that the debtor was involved in fraudulent activity with respect to any customer of the debtor; and(C)did not notify SIPC, the Commission, or law enforcement personnel that the debtor was involved in such fraudulent activity..(2)ConstructionNothing in this Act, or the amendments made by this Act, shall be construed as prohibiting a trustee appointed under the Securities Investor Protection Act of 1970 from recovering property transferred by a debtor to a person who is not a customer of the debtor.(d)Appointment of trustees(1)In generalSection 5(b)(3) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78eee(b)(3)) is amended to read as follows:(3)Appointment of trustee and attorney(A)In generalIf the court issues a protective decree under paragraph (1), such court shall forthwith appoint, as trustee for the liquidation of the business of the debtor and as attorney for the trustee, such persons as the court determines best fit to serve as trustee and as attorney from among the persons selected by the Commission pursuant to subparagraph (B). The persons appointed as trustee and as attorney for the trustee may be associated with the same firm.(B)Commission CandidatesThe Commission shall maintain a list of candidates for the position of trustee and attorney for the trustee for a debtor in a liquidation proceedings, and shall periodically update the list, as appropriate. With respect to a debtor and upon the court issuing a protective decree under paragraph (1), the Commission shall forthwith provide the court with such list.(C)Disinterest requirementNo person may be appointed to serve as trustee or attorney for the trustee if such person is not disinterested within the meaning of paragraph (6), except that for any specified purpose other than to represent a trustee in conducting a liquidation proceeding, the trustee may, with the approval of SIPC and the court, employ an attorney who is not disinterested.(D)QualificationA trustee appointed under this paragraph shall qualify by filing a bond in the manner prescribed by section 322 of title 11, United States Code, except that neither SIPC nor any employee of SIPC shall be required to file a bond when appointed as trustee.(E)Prohibition on trustee serving in multiple liquidationsA trustee may not be appointed under this paragraph if the trustee is currently serving as trustee for the liquidation of the business of another debtor under this Act..(2)Compensation for trustee and attorneySection 5(b)(5) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78eee(b)(5)) is amended—(A)in subparagraph (A), by adding at the end the following: The court shall publicly disclose all such allowances that are granted.;(B)by amending subparagraph (C) to read as follows:(C)Awarding of allowancesWhenever an application for allowances is filed pursuant to subparagraph (B), the court shall determine the amount of allowances, giving due consideration to the nature, extent, and value of the services rendered.; and(C)by adding at the end the following:(F)SIPC disclosuresSIPC shall issue quarterly public reports on—(i)all payments made by SIPC to the trustee;(ii)all other costs in connection with the liquidation proceeding, including legal and accounting costs; and(iii)all additional expenses incurred by SIPC, and the nature of such expenses..(3)Effective dateThe amendment made this subsection shall take effect with respect to trustees and attorneys appointed after the date of the enactment of this Act.(e)Definition of customer statusSection 16(2)(B) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78lll(2)(B)) is amended—(1)in clause (ii), by striking “; and” and inserting a semicolon;(2)in clause (iii), by striking the period at the end and inserting a semicolon; and(3)by adding at the end the following new clauses:(iv)any person that had cash or securities that were converted or otherwise misappropriated by the debtor (or any person who controls, is controlled by, or is under common control with the debtor, if such person was operating through the debtor), irrespective of whether the debtor held or otherwise had custody, possession, or control of such cash or securities; and(v)any other person that the Commission, in its discretion and without any need for court approval, deems a customer of the debtor..(f)Determination of need of protectionSection 5 of the Securities Investor Protection Act of 1970 (15 U.S.C. 78eee) is amended—(1)in subsection (a)(3)—(A)by amending the heading for such paragraph by inserting the Commission or before sipc;(B)in the first subparagraph (A)—(i)by inserting The Commission or before SIPC may; and(ii)by inserting the Commission or before SIPC determines; and(C)by redesignating the second subparagraph (A) and the first subparagraph (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; and(2)in subsection (b)(1), by striking application by SIPC and inserting application by the Commission or SIPC.(g)Timing of SIPC advances; Result of delaySection 9 of the Securities Investor Protection Act of 1970 (15 U.S.C. 78fff–3) is amended by adding at the end the following:(f)Timing of SIPC advances; Result of delay(1)In generalSIPC advances made to satisfy customer claims pursuant to subsection (a) shall be made before the end of the 3-month period beginning on the date that is the end of the 6-month period described under section 8(a)(3), plus the amount of any extension granted under such paragraph.(2)Result of delayIf SIPC fails to make advances to the trustee in the period specified in paragraph (1), then for purposes of calculating a customer’s net equity under this Act, interest shall accrue beginning on the date that is the end of the 3-month period specified in paragraph (1).(3)Court determinationIf the trustee determines that enough information has been provided to SIPC to make an advance pursuant to subsection (a), the trustee may petition the court to have the court direct SIPC to make such advance..(h)Timing of payments to customersSection 8(b) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78fff–2(b)) is amended—(1)in paragraph (1), by striking and at the end;(2)in paragraph (2), by striking the period at the end and inserting a semicolon; and(3)by inserting after paragraph (2) the following:(3)upon petition by a customer, order the trustee to carry out the obligations of the trustee under this subsection with respect to such customer; and(4)if the court determines that the trustee has improperly delayed carrying out the obligations of the trustee under this subsection, impose financial sanctions on the trustee..(i)Commission authority To require SIPC actionSection 11(b) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78ggg(b)) is amended to read as follows:(b)Commission authority To require SIPC actionIn the event of the refusal of SIPC to commit its funds or otherwise to act for the protection of customers of any member of SIPC, the Commission may require SIPC to discharge its obligations under this Act without court approval..(j)Limitation on SEC loans to SIPCSection 4(g) of the Securities Investor Protection Act of 1970 (15 U.S.C. 78ddd(g)) is amended by inserting after this Act the following: and the Commission, in consultation with the Secretary of the Treasury, determines that SIPC is unable to borrow in the public debt markets at reasonable terms (both as to yield and maturity).(k)Inspection of SIPC members by SEC and self-Regulatory organizations(1)In generalThe Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa et seq.) is amended—(A)in section 11, by adding at the end the following:(e)Inspection of SIPC members by SECThe Commission shall carry out periodic inspections of SIPC members to ensure that the information such members provide to customers, including information contained in account statements and transaction confirmations, is accurate.; and(B)in section 13(c)—(i)by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs 2 ems to the right;(ii)by striking The self-regulatory organization and inserting the following:(1)In generalThe self-regulatory organization; and(iii)by adding at the end the following:(2)Inspection of information provided to customersUnder such regulations as the Commission may prescribe, the self-regulatory organization of which a member of SIPC is a member or in which it is a participant shall inspect or examine such member to—(A)assess the financial stability of such member; and(B)ensure that the information such member provides to customers, including information contained in account statements and transaction confirmations, is accurate..(2)ReportNot later than the end of the 1-year period beginning on the date of the enactment of this Act, the Securities and Exchange Commission shall issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the implementation of the amendments made by this subsection.3.Effective dateExcept as provided under section 2(d)(3), the amendments made by section 2 shall take effect with respect to a liquidation proceeding under the Securities Investor Protection Act of 1970 that—(1)was in progress on the date of the enactment of this Act; or(2)is initiated after the date of the enactment of this Act.


116 S4845 IS: Agricultural Emissions Data Act of 2020
U.S. Senate
2020-10-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4845IN THE SENATE OF THE UNITED STATESOctober 22 (legislative day, October 19), 2020Mr. Roberts introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryA BILLTo require the Secretary of Agriculture to conduct surveys to collect data regarding the prevention, reduction, and mitigation of greenhouse gas emissions, soil carbon sequestration, and forest wood and tree carbon sequestration, and for other purposes.1.Short titleThis Act may be cited as the Agricultural Emissions Data Act of 2020.2.Surveys to collect data regarding greenhouse gas emissions, soil carbon sequestration, and forest wood and tree carbon sequestration(a)In generalThe Secretary of Agriculture (referred to in this Act as the Secretary), through the efforts described in subsection (c), shall conduct surveys, and other data collection and data analysis using advanced methods as appropriate, of farmers, ranchers, private forest landowners, cooperatives, and agricultural businesses, including nonprofit organizations, to collect agricultural subsector-specific information and data regarding— (1)the prevention, reduction, and mitigation of greenhouse gas emissions, including livestock emissions reductions;(2)soil carbon sequestration; and(3)forest wood and tree carbon sequestration.(b)Establishing Federal agricultural baselinesThe establishment of Federal agricultural baselines for the prevention, reduction, and mitigation of greenhouse gas emissions (including livestock emissions reductions), soil carbon sequestration, and forest wood and tree carbon sequestration shall be determined by modeling based on, from the Department of Agriculture—(1)the information and data collected under subsection (a); and (2)information and data, as appropriate, collected through the efforts described in subsection (c) before the date of enactment of this Act.(c)Survey authoritiesThe Secretary shall conduct surveys, data collection, and data analysis under subsection (a) through—(1)the census of agriculture under section 2 of the Census of Agriculture Act of 1997 (7 U.S.C. 2204g);(2)the preparation of annual agricultural statistics by the National Agricultural Statistics Service under—(A)the first section of the Act of May 27, 1912 (37 Stat. 118, chapter 135; 7 U.S.C. 476);(B)the first section of the Act of June 24, 1936 (49 Stat. 1898, chapter 745; 7 U.S.C. 951);(C)section 526 of the Revised Statutes (7 U.S.C. 2204);(D)section 10016 of the Agricultural Act of 2014 (7 U.S.C. 2204h); and(E)section 7407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5925c);(3)the agricultural resource management survey conducted by the Economic Research Service and the National Agricultural Statistics Service under—(A)sections 202 through 208 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.); and(B)section 1 of the Act of June 29, 1935 (49 Stat. 436, chapter 338; 7 U.S.C. 3104);(4)the dairy gas emissions model established by the Agricultural Research Service under section 1 of the Act of June 29, 1935 (49 Stat. 436, chapter 338; 7 U.S.C. 3104);(5)National Animal Health Monitoring System studies, including beef cow and calf studies, beef feedlot studies, swine studies, dairy studies, sheep studies, and poultry studies, and the health and productivity audit, carried out by the Animal and Plant Health Inspection Service under the Animal Health Protection Act (7 U.S.C. 8301 et seq.);(6)the forest inventory and analysis database established under section 3(e) of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1642(e)); (7)the natural resources inventory established under section 302 of the Rural Development Act of 1972 (7 U.S.C. 1010a); and(8)additional surveys, data collection, and data analysis administered by the Department of Agriculture, as the Secretary determines to be appropriate.(d)SubmissionConsistent with section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276), the Secretary shall submit to the Administrator of the Environmental Protection Agency and the head of any other appropriate Federal department or agency, and make publicly available, the results of the surveys conducted under subsection (a), as the Secretary determines to be appropriate.


113 HR 1185 IH: Great Lakes Water Protection Act
U.S. House of Representatives
2013-03-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1185
		IN THE HOUSE OF REPRESENTATIVES

			March 14, 2013
			Mr. Hultgren (for
			 himself and Mr. Lipinski) introduced
			 the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure

		A BILL
		To amend the Federal Water Pollution Control Act to
		  establish a deadline for restricting sewage dumping into the Great Lakes and to
		  fund programs and activities for improving wastewater discharges into the Great
		  Lakes.

		1.Short titleThis Act may be cited as the
			 Great Lakes Water Protection
			 Act.
		2.Prohibition on
			 sewage dumping into the Great LakesSection 402 of the Federal Water Pollution
			 Control Act (33 U.S.C. 1342) is amended by adding at the end the
			 following:

				(s)Prohibition on
				sewage dumping into the Great Lakes
					(1)DefinitionsIn
				this subsection:
						(A)BypassThe term bypass means an
				intentional diversion of waste streams to bypass any portion of a treatment
				facility which results in a discharge into the Great Lakes.
						(B)Discharge
							(i)In
				generalThe term discharge means a direct or
				indirect discharge of untreated sewage or partially treated sewage from a
				treatment works into the Great Lakes.
							(ii)InclusionsThe
				term discharge includes a bypass and a combined sewer
				overflow.
							(C)Great
				lakesThe term Great Lakes has the meaning given the
				term in section 118(a)(3).
						(D)Partially
				treated sewageThe term partially treated sewage
				means any sewage, sewage and storm water, or sewage and wastewater, from
				domestic or industrial sources that—
							(i)is
				not treated to national secondary treatment standards for wastewater; or
							(ii)is treated to a
				level less than the level required by the applicable national pollutant
				discharge elimination system permit.
							(E)Treatment
				facilityThe term
				treatment facility includes all wastewater treatment units used by
				a publicly owned treatment works to meet secondary treatment standards or
				higher, as required to attain water quality standards, under any operating
				conditions.
						(F)Treatment
				worksThe term treatment works has the meaning given
				the term in section 212.
						(2)ProhibitionA publicly owned treatment works is
				prohibited from performing a bypass unless—
						(A)(i)the bypass is
				unavoidable to prevent loss of life, personal injury, or severe property
				damage;
							(ii)there is not a feasible
				alternative to the bypass, such as the use of auxiliary treatment facilities,
				retention of untreated wastes, or maintenance during normal periods of
				equipment downtime; and
							(iii)the treatment works provides
				notice of the bypass in accordance with this subsection; or
							(B)the bypass does
				not cause effluent limitations to be exceeded, and the bypass is for essential
				maintenance to ensure efficient operation of the treatment facility.
						(3)LimitationThe
				requirement of paragraph (2)(A)(ii) is not satisfied if—
						(A)adequate back-up
				equipment should have been installed in the exercise of reasonable engineering
				judgment to prevent the bypass; and
						(B)the bypass
				occurred during normal periods of equipment downtime or preventive
				maintenance.
						(4)Immediate notice
				requirements
						(A)In
				generalA publicly owned treatment works shall provide to the
				entities described in subparagraph (B)—
							(i)for any
				anticipated discharge, prior notice of that discharge; and
							(ii)for any
				unanticipated discharge, as soon as practicable, but not later than—
								(I)for a treatment
				works with an automated detection system, 2 hours after the discharge begins;
				and
								(II)for a treatment
				works without an automated detection system, 12 hours after the discharge
				begins.
								(B)NoticeThe
				entities referred to in subparagraph (A) are—
							(i)the Administrator
				or, in the case of a State that has a permit program approved under this
				section, the State;
							(ii)each local health
				department or, if a local health department does not exist, the State health
				department;
							(iii)the municipality
				in which the discharge occurred and each municipality with jurisdiction over
				waters that may be affected by the discharge;
							(iv)a
				daily newspaper of general circulation in each county in which a municipality
				described in clause (iii) is located; and
							(v)the general public
				through a prominent announcement on a publicly accessible Internet site of the
				treatment works.
							(C)ContentsThe
				notice under subparagraph (A) shall include a description of—
							(i)the volume and
				state of treatment of the discharge;
							(ii)the date and time
				of the discharge;
							(iii)the expected
				duration of the discharge;
							(iv)the steps being
				taken to contain the discharge, except for a discharge that is a wet weather
				combined sewer overflow discharge;
							(v)the location of
				the discharge, with the maximum level of specificity practicable; and
							(vi)the cause for the
				discharge.
							(5)Follow-up notice
				requirementsEach publicly
				owned treatment works that provides notice under paragraph (4)(B) shall provide
				to the Administrator (or to the State in the case of a State that has a permit
				program approved under this section), not later than 5 days after the date on
				which the publicly owned treatment works provides initial notice, a follow-up
				notice containing—
						(A)a more full
				description of the cause of the discharge;
						(B)the reason for the discharge;
						(C)the period of
				discharge, including the exact dates and times;
						(D)if the discharge has not been corrected,
				the anticipated time the discharge is expected to continue;
						(E)the volume of the discharge resulting from
				the bypass;
						(F)a description of any public access area
				that has or may be impacted by the bypass; and
						(G)steps taken or
				planned to reduce, eliminate, and prevent reoccurrence of the discharge.
						(6)Public
				availability of notices
						(A)In
				generalNot later than 48 hours after providing or receiving a
				follow-up notice under paragraph (5), as applicable, a publicly owned treatment
				works and the Administrator (or the State, in the case of a State that has a
				permit program approved under this section) shall each post the follow-up
				notice on a publicly accessible, searchable database on the Internet.
						(B)Annual
				publicationThe Administrator (or the State, in the case of a
				State that has a permit program approved under this section) shall annually
				publish and make available to the public a list of each of the treatment works
				from which the Administrator or the State, as applicable, received a follow-up
				notice under paragraph (5).
						(7)Sewage
				blendingBypasses prohibited
				by this section include bypasses resulting in discharges from a publicly owned
				treatment works that consist of effluent routed around treatment units and
				thereafter blended together with effluent from treatment units prior to
				discharge.
					(8)ImplementationNot later than 180 days after the date of
				enactment of this subsection, the Administrator shall establish procedures to
				ensure that permits issued under this section (or under a State permit program
				approved under this section) to a publicly owned treatment works include
				requirements to implement this subsection.
					(9)Increase in
				maximum civil penalty for violations occurring after January 1,
				2033Notwithstanding section 309, in the case of a violation of
				this subsection occurring on or after January 1, 2033, or any violation of a
				permit limitation or condition implementing this subsection occurring after
				that date, the maximum civil penalty that shall be assessed for the violation
				shall be $100,000 per day for each day the violation occurs.
					(10)ApplicabilityThis
				subsection shall apply to a bypass occurring after the last day of the 1-year
				period beginning on the date of enactment of this
				subsection.
					.
		3.Establishment of
			 Great Lakes Cleanup Fund
			(a)In
			 generalTitle V of the
			 Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended—
				(1)by redesignating section 519 (33 U.S.C.
			 1251 note) as section 520; and
				(2)by inserting after section 518 (33 U.S.C.
			 1377) the following:

						519.Establishment
				of Great Lakes Cleanup Fund
							(a)DefinitionsIn
				this section:
								(1)FundThe
				term Fund means the Great Lakes Cleanup Fund established by
				subsection (b).
								(2)Great Lakes;
				Great Lakes StatesThe terms
				Great Lakes and Great Lakes States have the meanings
				given the terms in section 118(a)(3).
								(b)Establishment of
				fundThere is established in
				the Treasury of the United States a trust fund to be known as the Great
				Lakes Cleanup Fund (referred to in this section as the
				Fund).
							(c)Transfers to
				fundEffective January 1,
				2033, there are authorized to be appropriated to the Fund amounts equivalent to
				the penalties collected for violations of section 402(s).
							(d)Administration
				of fundThe Administrator
				shall administer the Fund.
							(e)Use of
				fundsThe Administrator
				shall—
								(1)make the amounts in the Fund available to
				the Great Lakes States for use in carrying out programs and activities for
				improving wastewater discharges into the Great Lakes, including habitat
				protection and wetland restoration; and
								(2)allocate those amounts among the Great
				Lakes States based on the proportion that—
									(A)the amount attributable to a Great Lakes
				State for penalties collected for violations of section 402(s); bears to
									(B)the total amount of those penalties
				attributable to all Great Lakes States.
									(f)PriorityIn
				selecting programs and activities to be funded using amounts made available
				under this section, a Great Lakes State shall give priority consideration to
				programs and activities that address violations of section 402(s) resulting in
				the collection of
				penalties.
							.
				(b)Conforming
			 amendment to State revolving fund programSection 607 of the
			 Federal Water Pollution Control Act (33 U.S.C. 1387) is amended—
				(1)by striking
			 There is and inserting (a)
			 In
			 general.—There is; and
				(2)by adding at the
			 end the following:

						(b)Treatment of
				Great Lakes Cleanup FundFor purposes of this title, amounts made
				available from the Great Lakes Cleanup Fund under section 519 shall be treated
				as funds authorized to be appropriated to carry out this title and as funds
				made available under this title, except that the funds shall be made available
				to the Great Lakes States in accordance with section
				519.
						.


114 S204 IS: Stop Punishing Innocent Americans Act
U.S. Senate
2015-01-21
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. 204IN THE SENATE OF THE UNITED STATESJanuary 21, 2015Mrs. Boxer introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo reinstate the 10-year statute of limitations period applicable to collection of amounts paid to
			 Social Security beneficiaries by administrative offset, and prevent
 recovery of overpayments from individuals under 18 years of age.1.Short titleThis Act may be cited as the Stop Punishing Innocent Americans Act.2.Statute of limitation on recovery by administrative offset for amounts paid to Social Security beneficiaries(a)In generalParagraph (2) of section 3716(e) of title 31, United States Code, is amended to read as follows:(2)This section does not apply—(A)to a claim under this subchapter relating to any payments made to an individual under title II or title XVI of the Social Security Act that has been outstanding for more than 10 years; or(B)when a statute explicitly prohibits using administrative offset or setoff to collect the claim or type of claim involved..(b)Effective dateThe amendment made by subsection (a) shall apply to any debt outstanding on or after the date of the enactment of this Act.3.Elimination of recovery of overpayments made to or on behalf of minor(a)In generalSection 204(a) of the Social Security Act (42 U.S.C. 404(a)) is amended by adding at the end the following new paragraph:(3)Notwithstanding any other provision of this section, in the case of any payment under this title or title XVI of more than the correct amount that is made to or on behalf of an individual who has not attained 18 years of age at the time of such payment, such individual shall not be liable for the repayment of the amount of such payment in excess of the correct amount..(b)Conforming amendments(1)Cross-program recovery of overpaymentsSubsection (a) of the undesignated section following section 1146 of the Social Security Act (42 U.S.C. 1320b–17) is amended by striking Subject to subsection (b) and inserting Subject to section 204(a)(3) and subsection (b).(2)Overpayment of disability benefitsSection 1631(b)(1)(A) of the Social Security Act (42 U.S.C. 1383(b)(1)(A)) is amended by striking Whenever and inserting Subject to section 204(a)(3), whenever.(c)Effective dateThe amendments made by this section shall apply to payments made on or after the date of the enactment of this Act.4.Prohibiting tax refund offset of social security overpayments made to or on behalf of minor(a)In generalSection 6402(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:(4)Special rule for certain overpayments made to or on behalf of minorParagraph (1) shall not apply in the case of a payment under title II or XVI of the of Social Security Act of more than the correct amount that is made to or on behalf of an individual who has not attained 18 years of age at the time of such payment..(b)Effective dateThe amendment made by this section shall apply to payments made under title II or XVI of the of Social Security Act on or after the date of the enactment of this Act.


		II
		112th CONGRESS
		1st Session
		S. 926
		IN THE SENATE OF THE UNITED STATES

			May 9, 2011
			Mr. Menendez (for
			 himself, Mr. Lautenberg,
			 Ms. Mikulski, and
			 Mr. Cardin) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To amend the Outer Continental Shelf Lands Act to
		  permanently prohibit the conduct of offshore drilling on the outer Continental
		  Shelf in the Mid-Atlantic and North Atlantic planning areas.

		1.Short titleThis Act may be cited as the
			 Clean Ocean and Safe Tourism
			 Anti-Drilling Act or the COAST Anti-Drilling Act.
		2.Prohibition of
			 oil and gas leasing in certain areas of the outer Continental
			 ShelfSection 8 of the Outer
			 Continental Shelf Lands Act (43 U.S.C. 1337) is amended by
			 adding at the end the following:

				(q)Prohibition of
				oil and gas leasing in certain areas of the outer Continental
				ShelfNotwithstanding any other provision of this section or any
				other law, the Secretary of the Interior shall not issue a lease for the
				exploration, development, or production of oil, natural gas, or any other
				mineral in—
					(1)the Mid-Atlantic
				planning area; or
					(2)the North
				Atlantic planning
				area.
					.


111 SRES 183 IS: Condemning the Government of Iran’s state-sponsored persecution of its Baha’i minority and its continued violation of the International Covenants on Human Rights.
U.S. Senate
2021-04-28
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.

III117th CONGRESS1st SessionS. RES. 183IN THE SENATE OF THE UNITED STATESApril 28, 2021Mr. Wyden (for himself, Mr. Rubio, Mr. Durbin, and Mr. Boozman) submitted the following resolution; which was referred to the Committee on Foreign RelationsRESOLUTIONCondemning the Government of Iran’s state-sponsored persecution of its Baha’i minority and its continued violation of the International Covenants on Human Rights.Whereas in 1982, 1984, 1988, 1990, 1992, 1993, 1994, 1996, 2000, 2004, 2006, 2008, 2009, 2012, 2013, 2015, 2016, 2017, 2018, and 2020, Congress declared that it—(1)deplored the religious persecution by the Government of Iran of the Baha’i community; and (2)would hold the Government of Iran responsible for upholding the rights of all Iranian nationals, including members of the Baha’i Faith;Whereas according to the United States Commission on International Religious Freedom’s 2017 annual report, Since 1979, [Iranian] authorities have killed or executed more than 200 Baha’i leaders, and more than 10,000 [Baha’i] have been dismissed from government and university jobs [in Iran];Whereas the United Nations General Assembly Resolution on the Situation of Human Rights in the Islamic Republic of Iran (A/RES/75/191), dated December 16, 2020, expresses serious concern about—(1)ongoing severe limitations and increasing restrictions on the right to freedom of thought, conscience, religion or belief; (2)restrictions on the establishment of places of worship;(3)undue restrictions on burials carried out in accordance with religious tenets;(4)attacks against places of worship and burial; and(5)other human rights violations, including but not limited to harassment, intimidation, persecution, arbitrary arrests and detention, and incitement to hatred that leads to violence against persons belonging to recognized and unrecognized religious minorities;Whereas, on January 29, 2020, the United States Commission on International Religious Freedom condemned an Iranian court order allowing authorities to confiscate properties owned by Baha’is in the village of Ivel in Mazandaran Province; Whereas the Iran section of the Department of State’s 2019 Report on International Religious Freedom states that—(1)The government bars Baha’is from all government employment and forbids Baha’i participation in the governmental social pension system. Baha’is may not receive compensation for injury or crimes committed against them and may not inherit property. A religious fatwa from the supreme leader encourages citizens to avoid all dealings with Baha’is.;(2)Baha’is and those who advocated for their rights reported Baha’is continued to be major targets of social stigma and violence, and perpetrators reportedly continued to act with impunity. Even when arrested, perpetrators faced diminished punishment following admissions that their acts were based on the religious identity of the victim.;(3)There continued to be reports of non-Baha’is dismissing or refusing employment to Baha’is, sometimes in response to government pressure, according to [the Baha’i International Community] and other organizations monitoring the situation of the Baha’is.; and(4)According to media and NGO reports, Baha’is continued to face charges that included insulting religious sanctities,corruption on earth,propaganda against the system,espionage and collaboration with foreign entities, and actions against national security. Charges also included involvement with the Baha’i Institute for Higher Education (BIHE), a university-level educational institution offering mainly distance learning, that the government considered illegal.; Whereas, on March 11, 2020, the Department of State released the 2019 Country Reports on Human Rights Practices, which states that Iranian authorities barred Bahai students from higher education;Whereas the Baha’i International Community documented a more than 50-percent increase in hate propaganda directed against the Baha’is in the 12-month period ending in August 2020 compared to prior years with more than 9,500 such articles, videos, or web pages appearing in Iranian government-controlled or government-sponsored media; Whereas the Government of Iran is a party to the International Covenant on Civil and Political Rights, done at New York December 19, 1966, and the International Covenant on Economic, Social and Cultural Rights, done at New York December 16, 1966, and is in violation of its obligations under such covenants;Whereas section 105 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8514) authorizes the President to impose sanctions on individuals who are responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, the commission of serious human rights abuses against citizens of Iran or their family members on or after June 12, 2009; andWhereas the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158) amends and expands the authorities established under the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law 111–195) to sanction Iranian human rights abusers: Now, therefore, be itThat the Senate—(1)condemns the Government of Iran’s state-sponsored persecution of its Baha’i minority and its continued violation of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;(2)calls on the Government of Iran—(A)to immediately release the imprisoned or detained Baha'is and all other prisoners held solely on account of their religion;(B)to end its state-sponsored campaign of hate propaganda against the Baha’is; and(C)to reverse state-imposed policies denying equal opportunities to higher education, earning a livelihood, due process under the law, and the free exercise of religious practices;(3)calls on the President and the Secretary of State, in cooperation with responsible nations—(A)to immediately condemn the Government of Iran’s continued violation of human rights; and (B)to demand the immediate release of prisoners held solely on account of their religion; and(4)urges the President and the Secretary of State to utilize available authorities to impose sanctions on officials of the Government of Iran and other individuals directly responsible for serious human rights abuses, including abuses against the Iranian Baha’i community.


116 S70 IS: Medgar and Myrlie Evers Home National Monument Act
U.S. Senate
2019-01-09
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.

II116th CONGRESS1st SessionS. 70IN THE SENATE OF THE UNITED STATESJanuary 9, 2019Mr. Wicker (for himself, Mr. Jones, and Mrs. Hyde-Smith) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo establish the Medgar and Myrlie Evers Home National Monument in the State of Mississippi, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Medgar and Myrlie Evers Home National Monument Act. 2.DefinitionsIn this Act:
 (1)CollegeThe term College means Tougaloo College, a private educational institution located in Tougaloo, Mississippi. (2)Historic districtThe term Historic District means the Medgar Evers Historic District, as included on the National Register of Historic Places, and as generally depicted on the Map.
 (3)MapThe term Map means the map entitled Medgar and Myrlie Evers Home National Monument, numbered 515/142561, and dated September 2018. (4)MonumentThe term Monument means the Medgar and Myrlie Evers Home National Monument established by section 3.
 (5)SecretaryThe term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service. 3.Establishment of medgar and myrlie evers home national monument (a)Establishment (1)In generalSubject to paragraph (2), there is established the Medgar and Myrlie Evers Home National Monument in the State of Mississippi as a unit of the National Park System to preserve, protect, and interpret for the benefit of present and future generations resources associated with the pivotal roles of Medgar and Myrlie Evers in the American Civil Rights Movement.
 (2)Determination by the secretaryThe Monument shall not be established until the date on which the Secretary determines that a sufficient quantity of land or interests in land has been acquired to constitute a manageable park unit.
 (b)BoundariesThe boundaries of the Monument shall be the boundaries generally depicted on the Map. (c)Availability of mapThe Map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
 (d)Acquisition authorityThe Secretary may only acquire any land or interest in land located within the boundary of the Monument by—
 (1)donation; (2)purchase from a willing seller with donated or appropriated funds; or
 (3)exchange. (e)Administration (1)In generalThe Secretary shall administer the Monument in accordance with—
 (A)this Act; and (B)the laws generally applicable to units of the National Park System, including—
 (i)section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and
 (ii)chapter 3201 of title 54, United States Code. (2)Management plan (A)In generalNot later than 3 years after the date on which funds are first made available to the Secretary for this purpose, the Secretary shall prepare a general management plan for the Monument in accordance with section 100502 of title 54, United States Code.
 (B)SubmissionOn completion of the general management plan under subparagraph (A), the Secretary shall submit it to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
					(f)Agreements
 (1)MonumentThe Secretary— (A)shall seek to enter into an agreement with the College to provide interpretive and educational services relating to the Monument; and
 (B)may enter into agreements with the College and other entities for the purposes of carrying out this Act.
 (2)Historic districtThe Secretary may enter into agreements with the owner of a nationally significant property within the Historic District, to identify, mark, interpret, and provide technical assistance with respect to the preservation and interpretation of the property.
				(g)No buffer zones
 (1)In generalNothing in this Act, the establishment of the Monument, or the management of the Monument creates a buffer zone outside of the Monument.
 (2)Activity or use outside monumentThe fact that an activity or use can be seen, heard, or detected from within the Monument shall not preclude the conduct of the activity or use outside of the Monument.