114 HR 2178 IH: FORESTS Act of 2015
U.S. House of Representatives
2015-04-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 2178
		IN THE HOUSE OF REPRESENTATIVES

			April 30, 2015
			Mrs. McMorris Rodgers (for herself, Mr. Newhouse, Mrs. Kirkpatrick, Mr. Ribble, Mr. Benishek, Mr. Poliquin, Mr. Labrador, and Mr. Reichert) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To restore employment and educational opportunities in, and improve the economic stability of,
			 counties containing National Forest System land, while also reducing
			 Forest Service management costs, by ensuring that such counties have a
			 dependable source of revenue from timber sales conducted on National
			 Forest System land, to reduce payments under the Secure Rural Schools and
			 Community Self-Determination Act of 2000 to reflect such counties’ receipt
			 of timber sale revenues, to strengthen stewardship end result contracting,
			 and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Fostering Opportunities for Resources and Education Spending through Timber Sales Act of 2015 or FORESTS Act of 2015. (b)Table of contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Purposes.
					Title I—Forest Active Management Areas
					Sec. 101. Definitions.
					Sec. 102. Establishment of Forest Active Management Areas and annual volume requirements.
					Sec. 103. Management of Forest Active Management Areas.
					Sec. 104. Environmental analysis process for covered active management projects.
					Sec. 105. Expedited compliance with Endangered Species Act.
					Sec. 106. Administrative review.
					Sec. 107. Use of arbitration instead of litigation to address challenge to covered active
			 management project developed through collaborative process.
					Sec. 108. Distribution of forest active management revenues.
					Sec. 109. Annual report.
					Title II—Transition of Secure Rural Schools and Community Self-Determination Act of 2000 and
			 25-percent payments
					Sec. 201. Extension of Secure Rural Schools and Community Self-Determination Act of 2000 to reflect
			 recent extension covering fiscal years 2014 and 2015.
					Sec. 202. Effect of receipt of forest active management revenues or stewardship project payments.
					Sec. 203. Restoring original calculation method for 25-percent payments.
					Sec. 204. Prohibition on State retention of portion of 25-percent payments made on behalf of
			 beneficiary counties.
					Title III—Stewardship end result contracting authority
					Sec. 301. Maximum authorized duration of stewardship end result contracts.
					Sec. 302. Cancellation ceiling authority and requirements.
					Sec. 303. Payment of portion of stewardship project revenues to county in which stewardship project
			 occurs.
					Sec. 304. Use of contractors to perform environmental analysis in connection with stewardship end
			 result contracting projects.
					Title IV—Other Matters
					Sec. 401. Treatment as supplemental funding.
					Sec. 402. Definition of fire suppression to include certain related activities.
					Sec. 403. Prohibition on certain actions regarding Forest Service roads and trails.

 2.PurposesThe purposes of this Act are as follows: (1)To restore employment and educational opportunities in, and improve the economic stability of, counties containing National Forest System land.
 (2)To ensure that such counties have a dependable source of revenue from National Forest System land. (3)To reduce Forest Service management costs while also ensuring the protection of United States forest resources.
 (4)To reduce the frequency and severity of catastrophic wildfires on Federal lands and to lessen the need for the Forest Service to borrow resources from other important forest management accounts to combat fires.
			IForest Active Management Areas
 101.DefinitionsIn this title: (1)Annual volume requirement (A)In generalThe term annual volume requirement, with respect to a Forest Active Management Area, means a volume of national forest materials that, subject to adjustment pursuant to section 102(e)(2), is equal to not less than 50 percent of the sustained yield of the Forest Active Management Area.
 (B)ExclusionsIn determining the volume of national forest materials or the sustained yield of a Forest Active Management Area, the Secretary may not include non-commercial post and pole sales and personal use firewood.
 (2)Beneficiary countyThe term beneficiary county means a political subdivision of a State that, on account of containing National Forest System land, was eligible to receive payments for any of the fiscal years 2001 through 2013 through the State under title I of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111 et seq.).
 (3)Collaborative processThe term collaborative process refers to a planning, decisionmaking, and management process that, as determined by the forest manager of the unit of the National Forest System for which the process will occur and as confirmed by the Regional Forester—
 (A)includes multiple interested persons representing diverse interests; and (B)is transparent and nonexclusive or meets the requirements for a resource advisory committee under subsections (c) through (f) of section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125).
 (4)Covered active management projectThe terms covered active management project and covered project mean a project involving the management or sale of national forest materials within a Forest Active Management Area to generate forest active management revenues and achieve the annual volume requirement for the Forest Active Management Area.
				(5)Forest Active Management area
 (A)In generalThe term Forest Active Management Area means National Forest System land in a unit of the National Forest System designated for sustainable forest management for the production of national forest materials and forest active management revenues.
 (B)InclusionsSubject to subparagraph (C) and any adjustment made pursuant to section 102(f)(3), but otherwise notwithstanding any other provision of law, including executive orders and regulations, the Secretary shall include in Forest Active Management Areas not less than 50 percent of the National Forest System lands identified as commercial forest land capable of producing twenty cubic feet of timber per acre.
 (C)ExclusionsA Forest Active Management Area may not include National Forest System land— (i)that is a component of the National Wilderness Preservation System;
 (ii)on which the removal of vegetation is specifically prohibited by Federal statute; or (iii)that is included within a National Monument as of the date of the enactment of this Act.
 (6)Forest active management revenuesThe term forest active management revenues means revenues derived from the sale of national forest materials in a Forest Active Management Area.
 (7)National forest materialsThe term national forest materials has the meaning given that term in section 14(e)(1) of the National Forest Management Act of 1976 (16 U.S.C. 472a(e)(1)).
 (8)National forest systemThe term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), except that the term does not include the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010–1012).
 (9)SecretaryThe term Secretary means the Secretary of Agriculture. (10)Sustained yieldThe term sustained yield means the maximum annual growth potential of a forest calculated on the basis of the culmination of mean annual increment using cubic measurement.
 (11)StateThe term State includes the Commonwealth of Puerto Rico. (12)25-percent paymentThe term 25-percent payment means the payment to States required by the sixth paragraph under the heading of FOREST SERVICE in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).
				102.Establishment of Forest Active Management Areas and annual volume requirements
 (a)Establishment of Forest Active Management AreasNotwithstanding any other provision of law, the Secretary shall establish one or more Forest Active Management Areas within each unit of the National Forest System.
 (b)Deadline for establishmentTo the maximum extent practicable, the Secretary shall complete the establishment of Forest Active Management Areas not later than 60 days after the date of the enactment of this Act.
 (c)PurposeThe purpose of a Forest Active Management Area is to provide a dependable source of 25-percent payments and economic activity through sustainable forest management for each beneficiary county containing National Forest System land included within that Forest Active Management Area.
 (d)Fiduciary responsibilityThe Secretary shall have a fiduciary responsibility to beneficiary counties to manage a Forest Active Management Area to satisfy the annual volume requirement established for that Forest Active Management Area.
				(e)Annual volume requirement
 (1)Deadline for establishmentNot later than 30 days after the date of the establishment of a Forest Active Management Area or as soon thereafter as practicable, the Secretary shall establish the annual volume requirement for that Forest Active Management Area.
 (2)Collaborative adjustment authorityThe Secretary may establish the annual volume requirement for a Forest Active Management Area at a level below 50 percent of the sustained yield of that Forest Active Management Area if the lower level is developed and agreed upon through a collaborative process.
					(f)Size of forest Active Management area
 (1)Minimum sizeExcept as provided in paragraph (3), the Forest Active Management Areas established within a unit of the National Forest System shall include not less than 50 percent of the National Forest System lands in that unit identified as commercial forest land capable of producing twenty cubic feet of timber per acre.
 (2)Reduction prohibitedExcept as provided in paragraph (3), once a Forest Active Management Area is established, the Secretary may not reduce the number of acres of National Forest System land included in that Forest Active Management Area.
 (3)Collaborative adjustment authorityThe Secretary may reduce the number of acres of National Forest System land included in a Forest Active Management Area, including an acreage reduction resulting in the inclusion of a quantity of commercial forest land below the percentage required by paragraph (1) and section 101(5)(B), if the reduction is developed and agreed upon through a collaborative process.
 (g)MapThe Secretary shall submit a map of all Forest Active Management Areas established under subsection (a) and a map of any Forest Active Management Area whose acreage is adjusted made pursuant to subsection (f)(3)—
 (1)to the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives; and
 (2)to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate.
 (h)Recognition of Valid and Existing RightsNeither the establishment of Forest Active Management Areas under subsection (a) nor any other provision of this title shall be construed to limit or restrict—
 (1)access to National Forest System land for hunting, fishing, recreation, and other related purposes; or
 (2)valid and existing rights regarding National Forest System land, including rights of any federally recognized Indian tribe.
					103.Management of Forest Active Management Areas
 (a)Requirement To achieve annual volume requirementImmediately upon the establishment of a Forest Active Management Area, the Secretary shall manage the Forest Active Management Area in the manner necessary to achieve the annual volume requirement for the Forest Active Management Area. The Secretary is authorized and encouraged to commence covered active management projects as soon as practicable after the date of the enactment of this Act to begin generating forest active management revenues.
 (b)Standards for projects within forest Active Management areasThe Secretary shall conduct covered active management projects within Forest Active Management Areas in accordance with this section and sections 104 and 105, which shall serve as the sole means by which the Secretary will comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) and other laws applicable to the covered projects.
 (c)Use of collaborative processThe Secretary is authorized and encouraged to develop covered active management projects for a Forest Active Management Area through a collaborative process. The decision notice for a covered active management project shall describe the collaborative process by which the project was developed, including a description of—
 (1)participation by or consultation with State, local, and Tribal governments; and (2)any established record of successful collaborative planning and implementation of forest management projects by the collaborators.
					(d)Use of contractors To perform environmental analysis
 (1)In generalAs part of a covered active management project, or as a separate agreement or contract in connection with one or more covered active management projects, the Secretary may procure the services of persons who are not Federal employees to perform activities necessary to ensure project for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
 (2)Approval requirementServices performed under this subsection are subject to approval by the Chief of the Forest Service or other responsible official of the Forest Service.
 (3)Funding sourceAs provided in section 108(c)(2), the Secretary shall use forest active management revenues to cover the cost of services procured under this subsection.
					(e)Application of land and resource management plan
 (1)Modification authorityThe Secretary may modify the standards and guidelines contained in the land and resource management plan for the unit of the National Forest System in which the covered active management project will be carried out as necessary to achieve the requirements of this Act.
 (2)Harvesting systemSection 6(g)(3)(E)(iv) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(g)(3)(E)(iv)) shall not apply to a covered active management project.
 (f)Use of all-Terrain vehicles for management activitiesThe Secretary may allow the use of all-terrain vehicles within the Forest Active Management Areas for the purpose of activities associated with the sale of national forest materials in a Forest Active Management Area.
				104.Environmental analysis process for covered active management projects
 (a)Environmental AssessmentExcept in the case of a covered active management project for which a categorical exclusion is available under subsection (e) or a Forest Active Management Area for which a programmatic environmental impact statement is in effect under subsection (f), the Secretary shall—
 (1)publish advance notice of each covered active management project proposed to be conducted within a Forest Active Management Area; and
 (2)complete an environmental assessment pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for the proposed covered active management project.
 (b)No alternative versionThe Secretary is not required to study, develop, or describe any alternative to the proposed agency action.
 (c)Cumulative effectsThe Secretary shall consider cumulative effects solely by evaluating the impacts of a proposed covered active management project combined with the impacts of any other projects that were approved with a Decision Notice or Record of Decision before the date on which the Secretary published notice of the proposed covered project. The cumulative effects of past projects may be considered in the environmental assessment by using a description of the current environmental conditions.
 (d)Treatment of decision noticeThe decision notice for a covered active management project shall be considered a final agency action and no additional analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall be required to implement any portion of the covered project.
				(e)Categorical exclusion
 (1)Application of categorical exclusionA covered active management project described in paragraph (2) is categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
 (2)Description of covered active management projectsThe categorical exclusion granted by paragraph (1) applies with respect to a covered active management project that—
 (A)is prepared using a collaborative process; and (B)covers an area of 10,000 acres or less.
 (f)Programmatic environmental impact statement alternativeIn lieu of preparing an environmental assessment on a covered project-by-covered project basis under this section, the Secretary may prepare a draft and final programmatic environmental impact statement applicable to all or a portion of a Forest Active Management Area. The programmatic environmental impact statement shall be prepared utilizing a collaborative process.
				105.Expedited compliance with Endangered Species Act
 (a)Non-Jeopardy assessmentIf the Secretary makes a determination that a proposed covered active management project is not likely to jeopardize the continued existence of any species listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), the Secretary shall—
 (1)prepare an explanation of the basis for the determination; and (2)submit the determination and explanation to the Secretary of the Interior or the Secretary of Commerce, as appropriate.
					(b)Review and response
 (1)In generalWithin 30 days after receiving a determination made by the Secretary under subsection (a), the Secretary of the Interior or the Secretary of Commerce, as appropriate, shall provide a written response to the Secretary concurring in or rejecting the Secretary’s determination.
 (2)Effect of rejectionIf the Secretary of the Interior or the Secretary of Commerce rejects the determination made by the Secretary under subsection (a), the written response of the Secretary of the Interior or the Secretary of Commerce under paragraph (1) shall include recommendations for measures that—
 (A)will avoid the likelihood of jeopardy to an endangered or threatened species; (B)can be implemented in a manner consistent with the intended purpose of the covered active management project;
 (C)can be implemented consistent with the scope of the Secretary’s legal authority and jurisdiction; and
 (D)are economically and technologically feasible. (c)Formal consultationIn addition to recommendations made under subsection (b)(2) when the Secretary of the Interior or the Secretary of Commerce rejects a determination issued by the Secretary under subsection (a), the Secretary of the Interior or the Secretary of Commerce, as the case may be, shall engage in formal consultation with the Secretary pursuant to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536). The Secretaries shall complete such consultation within 90 days after the submission of the written response under subsection (b).
 106.Administrative reviewAdministrative review of a covered active management project shall occur only in accordance with the special administrative review process and requirements established under section 105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515), including the project-level predecisional administrative review process established in part 218 of title 36, Code of Federal Regulations.
			107.Use of arbitration instead of litigation to address challenge to covered active management project
			 developed through collaborative process
				(a)Arbitration process
 (1)In generalIn the case of a covered active management project that was developed through a collaborative process, any challenge to the covered project made after the special administrative review process required by section 106 shall be addressed using arbitration consistent with this section instead of through judicial review.
 (2)Who may seekAny person who sought administrative review for the covered project described in paragraph (1) and who is not satisfied with the decision made under the administrative review process may file a demand for arbitration regarding the covered project in accordance with chapter 1 of title 9, United States Code.
 (b)Requirements for demandThe demand for arbitration under subsection (a)(2) shall— (1)be filed not more than 30 days after the date on which the administrative review decision was issued; and
 (2)include a proposal describing the modifications sought to the covered project. (c)Intervening parties (1)RequirementsAny person that submitted a public comment on the covered active management project subject to arbitration may intervene in the arbitration—
 (A)by endorsing the covered project or the modification proposal submitted under subsection (b)(2); or (B)by submitting a proposal to further modify the covered project.
 (2)Deadline for submissionA request to intervene in an arbitration must be submitted not later than the date that is 30 days after the date on which the demand for arbitration was filed.
 (3)Multiple partiesMultiple objectors or intervening parties may submit a joint proposal so long as each objector or intervening party meets the eligibility requirements of subsection (a)(2) or paragraph (1), whichever applies.
 (d)Appointment of arbitratorThe United States District Court in the district in which the covered active management project is located shall appoint the arbitrator to conduct the arbitration proceedings in accordance with this section and chapter 1 of title 9, United States Code.
				(e)Selection of proposals
 (1)In generalThe arbitrator appointed under subsection (d)— (A)may not modify any of the proposals submitted with the demand for arbitration or a request to intervene; and
 (B)shall select to be conducted— (i)a proposal submitted by an objector or an intervening party; or
 (ii)the covered active management project, as approved by the Secretary. (2)Selection criteriaAn arbitrator shall select the proposal that best meets the purpose and needs described in the environmental analysis conducted for the covered project.
 (f)Effect of decisionThe decision of an arbitrator with respect to the covered active management project— (1)shall not be considered a major Federal action;
 (2)shall be binding; and (3)shall not be subject to judicial review.
 (g)Deadline for completionNot later than 90 days after the date on which the demand for arbitration is filed with respect to the covered active management project, the arbitration process shall be completed.
				108.Distribution of forest active management revenues
 (a)Use To Make 25-Percent PaymentsThe Secretary shall use forest active management revenues generated by covered active management projects to make 25-percent payments to States for payment to beneficiary counties.
 (b)Relation to payments under Secure Rural Schools and Community Self-Determination Act of 2000Subject to the offset required by subsection (f) of section 102 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112), as added by section 202(a) of this Act, a beneficiary county may receive both—
 (1)a share of the 25-percent payments made to a State under subsection (a); and (2)a share of the payment for the State (known as the State payment) calculated under section 101(a) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111(a)) for which the beneficiary county made an election (or was deemed to make an election) under section 102(b)(1) of such Act (16 U.S.C. 7112(b)(1)).
 (c)Other uses of revenuesAfter compliance with subsection (a), the Secretary shall use forest active management revenues— (1)to make deposits into the fund established under section 3 of the Act of June 9, 1930 (16 U.S.C. 576b; commonly known as the Knutson-Vandenberg Fund) and the fund established under section 14(h) of the National Forest Management Act of 1976 (16 U.S.C. 472a(h); commonly known as the salvage sale fund) in contributions equal to the monies otherwise collected under those Acts for projects conducted on National Forest System land; and
 (2)to cover the cost of project services procured under section 103(d). (d)Deposit in general fund of the TreasuryAfter compliance with subsections (a) and (c), the Secretary shall deposit remaining forest active management revenues into the general fund of the Treasury.
				109.Annual report
 (a)Report requiredNot later than 60 days after the end of each fiscal year, the Secretary shall submit to Congress an annual report specifying the following:
 (1)The annual volume requirement in effect for that fiscal year for each Forest Active Management Area.
 (2)The volume of board feet actually harvested for each Forest Active Management Area during that fiscal year.
 (3)The average cost of preparation for timber sales for each Forest Active Management Area during that fiscal year.
 (4)The forest active management revenues generated from such sales. (5)The total amount of 25-percent payments made to States under section 108(a) during that fiscal year for the benefit of beneficiary counties and the amount of forest active management revenues distributed to each beneficiary county.
 (b)Form of reportThe information required by subsection (a) to be provided with respect to a Forest Active Management Area shall be presented on a single page.
 (c)Public availabilityThe Secretary shall make each annual report available on the website of the Forest Service. IITransition of Secure Rural Schools and Community Self-Determination Act of 2000 and 25-percent payments 201.Extension of Secure Rural Schools and Community Self-Determination Act of 2000 to reflect recent extension covering fiscal years 2014 and 2015 (a)Extension of payment authority and related provisionsThe Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7101 et seq.) is amended—
 (1)in sections 101 and 103(d)(2), by striking 2015 both places it appears and inserting 2018; (2)in section 102(b)(2)(B) (16 U.S.C. 7112(b)(2)(B)), by striking 2015 the second place it appears and inserting 2018;
 (3)in section 208 (16 U.S.C. 7128)— (A)in subsection (a), by striking 2017 and inserting 2020; and
 (B)in subsection (b), by striking 2018 and inserting 2021; and (4)in section 304 (16 U.S.C. 7144)—
 (A)in subsection (a), by striking 2017 and inserting 2020; and (B)in subsection (b), by striking 2018 and inserting 2021.
 (b)Reset of full funding amount to 2010 levelSection 3(11) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7102(11)) is amended—
 (1)by striking and at the end of subparagraph (B); (2)in subparagraph (C)—
 (A)by striking year 2012 and each fiscal year thereafter and inserting years 2012 through 2015; and (B)by striking the period at the end and inserting ; and; and
 (3)by adding at the end the following new subparagraph:  (D)$405,000,000 for each fiscal years 2016 through 2018..
					202.Effect of receipt of forest active management revenues or stewardship project payments
 Section 102 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112) is amended by adding at the end the following new subsection:

 (f)Effect of receipt of forest active management revenues or stewardship project paymentsAn eligible county that receives for a fiscal year revenues derived from the sale of national forest materials in a Forest Active Management Area in the form of a share of the 25-percent payment made to a State under section 108 of the Fostering Opportunities for Resources and Education Spending through Timber Sales Act of 2015 or a stewardship project payment made to the county for a stewardship project involving National Forest System land under section 604 of the Healthy Forest Restoration Act of 2003 (16 U.S.C. 6591c) may still receive the share of the State payment of the eligible county for that fiscal year, except that—
 (1)the amount of the share of the State payment received by the eligible county for that fiscal year shall be reduced by the amount of the forest active management revenues and stewardship project payments involving National Forest System land received by the eligible county for that fiscal year; and
 (2)the total amount received by the eligible State under subsection (a)(1) for that fiscal year shall be reduced by the sum of the amounts of forest active management revenues and stewardship project payments involving National Forest System land received by eligible counties in that State for that fiscal year..
			203.Restoring original calculation method for 25-percent payments
 (a)Amendment of Act of may 23, 1908The sixth paragraph under the heading FOREST SERVICE in the Act of May 23, 1908 (16 U.S.C. 500) is amended in the first sentence— (1)by striking the annual average of 25 percent of all amounts received for the applicable fiscal year and each of the preceding 6 fiscal years and inserting 25 percent of all amounts received for the applicable fiscal year;
 (2)by striking said reserve both places it appears and inserting the national forest; and (3)by striking forest reserve both places it appears and inserting national forest.
 (b)Conforming amendment to weeks lawSection 13 of the Act of March 1, 1911 (commonly known as the Weeks Law; 16 U.S.C. 500) is amended in the first sentence by striking the annual average of 25 percent of all amounts received for the applicable fiscal year and each of the preceding 6 fiscal years and inserting 25 percent of all amounts received for the applicable fiscal year.
				204.Prohibition on State retention of portion of 25-percent payments made on behalf of beneficiary
			 counties
 (a)Amendment of Act of may 23, 1908The sixth paragraph under the heading FOREST SERVICE in the Act of May 23, 1908 (16 U.S.C. 500), as amended by section 203(a), is further amended in the first sentence by striking situated: Provided, That when and inserting the following: situated. Beginning October 1, 2015, the State or Territorial legislature may not withhold any of the amount paid under this paragraph from distribution to the county or counties in which the national forest is situated. When.
 (b)Conforming amendment to weeks lawSection 13 of the Act of March 1, 1911 (commonly known as the Weeks Law; 16 U.S.C. 500), as amended by section 203(b), is further amended in the first sentence by striking situated: Provided, That when and inserting the following: situated. Beginning October 1, 2015, the State legislature may not withhold any of the amount paid under this section from distribution to the county or counties in which such national forest is situated. When.
				IIIStewardship end result contracting authority
			301.Maximum authorized duration of stewardship end result contracts
 Section 604(d)(3)(B) of the Healthy Forest Restoration Act of 2003 (16 U.S.C. 6591c(d)(3)(B)) is amended by striking 10 years and inserting 20 years.
			302.Cancellation ceiling authority and requirements
 (a)In generalSection 604(g) of the Healthy Forest Restoration Act of 2003 (16 U.S.C. 6591c(d)(3)(B)) is amended by adding at the end the following new paragraph:

						(3)Cancellation ceiling
 (A)AuthorityThe Chief and the Director may obligate funds to cover any potential cancellation or termination costs for an agreement or contract under subsection (b) in stages that are economically or programmatically viable.
 (B)Notice to congressNot later than 30 days before entering into a multiyear agreement or contract under subsection (b) that includes a cancellation ceiling in excess of $25,000,000, but does not include proposed funding for the costs of cancelling the agreement or contract up to the cancellation ceiling established in the agreement or contract, the Chief or the Director, as the case may be, shall submit to the appropriate congressional committees a written notice that includes—
 (i)the cancellation ceiling amounts proposed for each program year in the agreement or contract and the reasons for such cancellation ceiling amounts;
 (ii)the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract; and
 (iii)an assessment of the financial risk of not including budgeting for the costs of agreement or contract cancellation.
 (C)Notice to OMBAt least 14 days before the date on which the Chief or Director enters into an agreement or contract under subsection (b), the Chief or Director shall transmit to the Director of the Office of Management and Budget a copy of any written notice submitted under subparagraph (B) with regard to such agreement or contract..
 (b)Appropriate congressional committees definedSection 604 of the Healthy Forest Restoration Act of 2003 (16 U.S.C. 6591c) is amended— (1)in subsection (a)—
 (A)by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (B)by inserting before paragraph (2), as so redesignated, the following new paragraph (1):

 (1)Appropriate congressional committeesThe term appropriate congressional committees means— (A)the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate; and
 (B)the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives.; and
 (2)in subsection (i), by striking the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives and inserting the appropriate congressional committees.
 303.Payment of portion of stewardship project revenues to county in which stewardship project occursSection 604(e) of the Healthy Forest Restoration Act of 2003 (16 U.S.C. 6591c(e)) is amended by adding at the end the following new paragraph:

 (4)Payment of portion of stewardship project revenues to countiesOf the monies retained under paragraph (2) from an agreement or contract under subsection (b), the Chief or the Director, as the case may be, shall pay 25 percent of the retained monies to the county or counties in which the project site is situated.
					.
			304.Use of contractors to perform environmental analysis in connection with stewardship end result
 contracting projectsSection 604(b) of the Healthy Forest Restoration Act of 2003 (16 U.S.C. 6591c(b)) is amended— (1)by striking The Chief and inserting the following:

 (1)Project authorityThe Chief; and (2)by adding at the end the following new paragraph:

						(2)Related project preparation authority
 (A)In generalAs part of an agreement or contract under paragraph (1) for a stewardship contracting project, or as a separate agreement or contract in connection with one or more stewardship contracting projects, the Chief or Director may procure the services of persons who are not Federal employees to perform activities necessary to ensure project for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
 (B)Approval requirementServices performed under this paragraph are subject to approval by the Chief, Director, or other responsible official of the Forest Service or Bureau of Land Management.
 (C)Funding sourcesThe offset authority provided by subsection (d)(4)(A) and receipts available for expenditure under subsection (e)(2)(B) may be used to cover the cost of services procured under this paragraph..
				IVOther Matters
 401.Treatment as supplemental fundingNone of the funds made available to a beneficiary county (as defined in section 101(2) of this Act) or other political subdivision of a State under this Act shall be used in lieu of or to otherwise offset State funding sources for local schools, facilities, or educational purposes.
 402.Definition of fire suppression to include certain related activitiesFor purposes of utilizing amounts made available to the Secretary of Agriculture or the Secretary of the Interior for fire suppression activities, including funds made available from the FLAME Fund, the term fire suppression includes reforestation, site rehabilitation, salvage operations, and replanting occurring following fire damage on lands under the jurisdiction of the Secretary concerned or following fire suppression efforts on such lands by the Secretary concerned.
 403.Prohibition on certain actions regarding Forest Service roads and trailsThe Forest Service shall not remove or otherwise eliminate or obliterate any legally created road or trail unless there has been a specific decision, which included adequate and appropriate public involvement, to decommission the specific road or trail in question. The fact that any road or trail is a not a Forest System road or trail, or does not appear on a Motor Vehicle Use Map, shall not constitute a decision.


		IIA

		109th CONGRESS

		1st Session

		S. J. RES. 21

		IN THE SENATE OF THE UNITED

		  STATES

			July 26, 2005

			Mr. Specter (for

			 himself, Mr. Corzine,

			 Mr. Lautenberg, Mr. Schumer, and Ms.

			 Snowe) introduced the following joint resolution; which was read

			 twice and referred to the Committee on

			 Armed Services

		JOINT RESOLUTION

		Recognizing Commodore John Barry as the

		  first flag officer of the United States Navy.

		Whereas

			 John Barry, American merchant marine captain and native of County Wexford,

			 Ireland, volunteered his services to the Continental Navy during the American

			 War for Independence and was assigned by the Continental Congress as captain of

			 the Lexington, taking command of that vessel on March 14, 1776, and later

			 participating in the victorious Trenton campaign;

		Whereas

			 the quality and effectiveness of Captain John Barry’s service to the American

			 war effort was recognized not only by George Washington but also by the enemies

			 of the new Nation;

		Whereas

			 Captain John Barry rejected British General Lord Howe’s flattering offer to

			 desert Washington and the patriot cause, stating: Not the value and

			 command of the whole British fleet can lure me from the cause of my

			 country.;

		Whereas

			 Captain John Barry, while in command of the frigate Alliance, successfully

			 transported French gold to America to help finance the American War for

			 Independence and also won numerous victories at sea;

		Whereas

			 when the First Congress, acting under the new Constitution of the United

			 States, authorized the raising and construction of the United States Navy, it

			 was to Captain John Barry that President George Washington turned to build and

			 lead the new Nation’s infant Navy, the successor to the Continental Navy of the

			 War for Independence;

		Whereas

			 Captain John Barry supervised the building of his flagship, the U.S.S. United

			 States;

		Whereas

			 on February 22, 1797, President Washington personally conferred upon Captain

			 John Barry, by and with the advice and consent of the Senate, the rank of

			 Captain, with Commission No. 1, United States Navy, dated June

			 7, 1794;

		Whereas

			 John Barry served as the senior officer of the United States Navy, with the

			 title of Commodore (in official correspondence), under

			 Presidents Washington, John Adams, and Jefferson;

		Whereas

			 as commander of the first United States naval squadron under the Constitution

			 of the United States, which included the U.S.S. Constitution (Old

			 Ironsides), John Barry was a Commodore, with the right to fly a broad

			 pendant, which made him a flag officer; and

		Whereas

			 in this sense it can be said that Commodore John Barry was the first flag

			 officer of the United States Navy: Now, therefore, be it

		That Commodore John Barry is recognized,

			 and is hereby honored, as the first flag officer of the United States

			 Navy.


114 HR 5914 IH: To repeal the Act entitled “An Act to confer jurisdiction on the State of Iowa over offenses committed by or against Indians on the Sac and Fox Indian Reservation”.
U.S. House of Representatives
2016-07-18
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.

I114th CONGRESS2d SessionH. R. 5914IN THE HOUSE OF REPRESENTATIVESJuly 18, 2016Mr. Blum (for himself, Mr. Loebsack, Mr. Young of Iowa, and Mr. King of Iowa) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo repeal the Act entitled An Act to confer jurisdiction on the State of Iowa over offenses committed by or against Indians on
			 the Sac and Fox Indian Reservation.

 That the Act of June 30, 1948 entitled An Act to confer jurisdiction on the State of Iowa over offenses committed by or against Indians on the Sac and Fox Indian Reservation (62 Stat. 1161, chapter 759) is repealed.


115 S1274 IS: Economic Growth and Development Act
U.S. Senate
2017-05-25
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.

II115th CONGRESS1st SessionS. 1274IN THE SENATE OF THE UNITED STATESMay 25, 2017Mr. Isakson (for himself, Mr. Coons, and Mr. Perdue) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsA BILLTo direct the President to establish an interagency mechanism to coordinate United States
			 development programs and private sector investment activities, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Economic Growth and Development Act.
 2.FindingsCongress makes the following findings: (1)The promotion of sustainable economic growth is the only long-term solution to lifting people out of poverty and addressing development challenges such as infectious disease, food security, access to education, and access to clean water, as reflected in the Sustainable Development Goals adopted at the United Nations Sustainable Development Summit on September 25, 2015.
 (2)Several of the greatest development success stories of the past 50 years demonstrate that private sector investment and economic growth are fundamental to lifting populations out of poverty.
 (3)A dramatic shift in the composition of capital flows to the developing world necessitates a new approach to official development assistance; whereas 40 years ago more than 70 percent of capital flowing to developing countries was public sector foreign assistance, today over 80 percent of capital flowing to the developing world comes from the private sector.
 (4)In order to better leverage United States foreign assistance dollars and to promote sustainable economic development in partner countries, the United States Government must seek to promote economic growth through private sector investment by consulting United States business during development planning and programming processes.
 (5)Eleven of the 15 largest importers of United States goods and services are countries that graduated from United States foreign assistance, and 12 of the 15 fastest growing markets for United States exports are former United States foreign assistance recipients.
 (6)With 12 departments, 26 agencies, and more than 60 Federal Government offices involved in the delivery of United States foreign assistance and the promotion of United States investment overseas, it is unnecessarily difficult for United States businesses to navigate this bureaucracy in search of opportunities to partner with such United States agencies.
 (7)Although many United States development agencies have taken steps to improve the private sector coordination capabilities of such agencies in recent years, these agency-specific strategies are not integrated into a coherent interagency coordination structure to effectively engage the private sector.
 (8)The United States Government has no streamlined, interagency mechanism for coordination with the private sector for the purposes of development or promotion of opportunities for investment, nor are the activities of the United States Government in this area guided by a coherent set of strategic objectives, targets, or operating principles.
 (9)Whether in the context of a country, sector, or global development strategy, decisions regarding program prioritization and resource allocation would benefit greatly from private sector perspectives and market data and coordination with the private sector from the outset.
 (10)Development programs can be designed to better attract private sector investment and to promote public-private partnerships in key development sectors.
 (11)The Millennium Challenge Corporation and the Partnership for Growth both analyze constraints on growth as part of the planning processes of these organizations, but these analyses need to be included in agency country, sector, and global development strategies to more effectively inform and guide the full spectrum of United States development programs.
 3.DefinitionsIn this Act: (1)AdministratorThe term Administrator means the Administrator of the United States Agency for International Development.
 (2)Appropriate congressional committeesThe term appropriate congressional committees means— (A)the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
 (B)the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
 (3)Private sectorThe term private sector means for-profit United States businesses. (4)SecretaryThe term Secretary means the Secretary of State.
 (5)United states development agenciesThe term United States development agencies means— (A)the Department of State;
 (B)the United States Agency for International Development; (C)the Millennium Challenge Corporation;
 (D)the Overseas Private Investment Corporation; (E)the Trade and Development Agency;
 (F)the Inter-American Foundation; and (G)the African Development Foundation.
 4.PurposeThe purpose of this Act is to maximize the impact of United States development programs by— (1)enhancing coordination between United States development agencies and the programs of such agencies and the private sector and the investment activities of the private sector;
 (2)integrating private sector input into the planning and programming processes of United States development agencies;
 (3)institutionalizing analyses of constraints on growth and investment throughout the planning and programming processes of United States development agencies;
 (4)ensuring United States development agencies are accountable for improving coordination between United States development programs and private sector investment activities; and
 (5)promoting and facilitating private sector investment. 5.Sense of Congress on United States Development AssistanceIt is the sense of Congress that—
 (1)United States development assistance should be pursued in a way that aims— (A)to build and strengthen civic institutions;
 (B)to provide for public accountability; and (C)to serve as the basis for a democratic social contract between the people and their government, and as a basis for graduation from assistance;
 (2)United States Government policies and decisions should be guided by clear benchmarks for the evaluation of partner country commitment to funding development priorities, including the investing in people metric of the Millennium Challenge Corporation;
 (3)United States Government programs should be guided by a unified strategy, ambitious targets, and a robust monitoring, evaluation, and public accountability plan;
 (4)United States development assistance should aim to help build the capacity of partner countries to raise and commit partner country resources toward development goals, including—
 (A)the capacity to increase revenues; (B)transparent budgeting and expenditures;
 (C)policies and laws that increase domestic investment; and (D)the ability to address the illicit flows of capital from domestic and international sources;
 (5)the Addis Ababa Action Agenda, reached at the Third International Conference on Financing for Development, and the emphasis of the Addis Ababa Action Agenda on economic growth and the commitment of greater domestic resources towards development goals, serves as a basis for concrete actions by donors and partner countries to achieve greater accountability and to foster broad-based economic growth and the establishment of prosperous, middle class-based societies;
 (6)domestic resource commitments and domestic resource mobilization for development purposes provide a greater chance for sustainability and an alignment of incentives among stakeholders, including donors, partner countries, citizens, and the private sector that drives economic growth;
 (7)the domestic resource commitments described in paragraph (6) are opportunities to provide for greater accountability and the building of strong, just social contracts between people and their governments, allowing governments to raise revenue, address citizen priorities, and be held accountable for results;
 (8)fostering domestic capacity and domestic responsibility for outcomes is the basis of true country ownership and a transition from assistance to sustainability by achieving development goals;
 (9)public sector development finance programs, which mobilize private capital to achieve development objectives, are projected to soon overtake traditional grant-based assistance as measured by total capital investments, reflecting an increasing recognition by both donor and recipient countries of the potential that development finance holds for driving inclusive, sustainable economic growth;
 (10)United States development finance programs should be used for development purposes, complement but not displace private capital, and operate free of political agendas;
 (11)while the United States has the ability to carry out development finance programs through the Overseas Private Investment Corporation, the Development Credit Authority of the United States Agency for International Development, and the United States Trade and Development Agency, that ability is under-appreciated as a matter of policy and underutilized as a matter of development strategy;
 (12)the Overseas Private Investment Corporation lacks certain development finance tools, including the ability to make limited equity investments in projects rather than issuing debt and the authority and resources to provide first-loss guarantees or technical assistance;
 (13)the Overseas Private Investment Corporation is also limited by uncertainty around the renewal of its legal authorities and would be more effective with the stability and predictability provided by a multi-year authorization and a reformulation of how the agency may use its proceeds for essential staff and overhead expenses while still returning money to the Treasury; and
 (14)United States development assistance should prioritize and better coordinate resources that support enhanced trade capacity and facilitate fairer and more sustainable trade with partner countries.
			6.Interagency Strategy and Mechanism to Coordinate United States Development Programs and Private
			 Sector Investment Activities
 (a)In generalThe President shall establish a primary, interagency mechanism to assist the private sector in coordinating United States development programs with private sector investment activities.
 (b)DutiesThe mechanism established under subsection (a) shall— (1)streamline and integrate the various private sector liaison, coordination, and investment promotion functions of United States development agencies;
 (2)facilitate the use of various development and finance tools across United States development agencies to attract greater private sector participation in development activities; and
 (3)establish a single point of contact for the private sector for partnership opportunities with United States development agencies.
				(c)Annual Strategy
 (1)In generalNot later than 1 year after the date of enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a strategy for the facilitation and coordination of private sector investments and activities for the purposes of development.
 (2)Elements of the annual strategyThe annual strategy required under paragraph (1) shall include— (A)country, sectoral, and global targets for private sector investment facilitation and coordination;
 (B)a description of the specific roles and responsibilities of United States Government departments and agencies involved in meeting the targets described in subparagraph (A), including within United States missions in-country; and
 (C)a plan relating to monitoring, evaluation, and public accountability. 7.Integrating Private Sector Coordination in Country, Sector, and Global Development StrategiesThe Secretary and the Administrator shall direct their respective policy teams, including the Assistant to the Administrator for the Bureau of Policy, Planning and Learning, and country teams, to include private sector facilitation and coordination in all country, sector, and global development strategies, including integrated country strategies, regional and functional strategies, country development cooperation strategies, mission strategic resource plans, and global development strategies.
		8.Analysis of Constraints on Growth and Investment in Foreign Countries and Sectors
 (a)In generalThe Secretary, the Administrator, and the heads of other relevant Federal agencies shall ensure that analyses of rigorous, current constraints on growth and investment guide all country, region, and sector economic development strategies.
 (b)Matters To be includedThe analysis required under subsection (a) shall include the identification and analysis of— (1)constraints posed by the inadequacies of critical infrastructure, rule of law, tax and investment codes, and customs and regulatory regimes of recipient countries, as appropriate; and
 (2)particular economic sectors that are central to achieving economic growth, such as agriculture, transportation, energy, and financial services.
 (c)ResultsThe results of the analyses described under subsection (a) shall— (1)be incorporated into the development strategies of United States development agencies;
 (2)be used to inform and guide resource allocations; and (3)be made available to the public, and for comment by all stakeholders, prior to finalization of development strategies.
 9.ReportNot later than 1 year after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that describes the specific measures that have been taken to implement this Act and the outcomes that such measures are intended to produce.


		I
		111th CONGRESS
		2d Session
		H. R. 5771
		IN THE HOUSE OF REPRESENTATIVES

			July 19, 2010
			Mr. Pascrell
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to extend the
		  30 percent investment tax credit for offshore wind facilities.

		1.Short titleThis Act may be cited as the
			 Offshore Wind Power Act of 2010.
		2.Extension of 30
			 percent investment credit for offshore wind facilities
			(a)In
			 generalClause (i) of section
			 48(a)(2)(A) is amended by striking and at the end of subclause
			 (III) and by adding at the end the following new subclause:

					(V)qualified offshore wind energy property,
				but only with respect to periods ending before January 1, 2017,
				and
					.
			(b)Qualified
			 offshore wind energy property definedSubsection (c) of section 48 is amended by
			 adding at the end the following new paragraph:

					(5)Qualified
				offshore wind energy propertyThe term qualified offshore
				wind energy property means property which—
						(A)uses wind to
				generate electricity, and
						(B)is located
				in—
							(i)the coastal waters
				of the United States, including the territorial seas of the United States, the
				exclusive economic zone of the United States, and the outer Continental Shelf
				of the United States, or
							(ii)the Great
				Lakes.
							.
			(c)Conforming
			 amendmentSubparagraph (A) of section 48(a)(3) of the Internal
			 Revenue Code of 1986 is amended by striking or at the end of
			 clause (vi), by inserting or at the end of clause (vii), and by
			 adding at the end the following new clause:

					(viii)qualified offshore wind energy
				property,
					.
			(d)Effective
			 dateThe amendments made by
			 this section shall apply to periods after December 31, 2012, under rules
			 similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as
			 in effect on the day before the date of the enactment of the Revenue
			 Reconciliation Act of 1990).


110 HR 5370 IH: To suspend temporarily the duty on certain gelatins.
U.S. House of Representatives
2008-02-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS 2d Session
H. R. 5370
IN THE HOUSE OF REPRESENTATIVES

February 12, 2008
Mr. Barrett of South Carolina introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on certain gelatins.

1.Certain gelatins
(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 headings:

9902.01.00Gelatin (CAS No. 68915–24–2) (provided for in subheading 3503.00.55)FreeNo changeNo changeOn or before 12/31/2011
9902.01.00Gelatin (CAS No. 68915–24–2) (provided for in subheading 3503.00.55)FreeNo changeNo changeOn or before 12/31/2011
9902.01.00Gelatin (CAS No. 68915–24–2) (provided for in subheading 3503.00.55)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 HCON 84 IH: Expressing support for designation of the first Friday of October as “Manufacturing Day”.
U.S. House of Representatives
2017-10-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV115th CONGRESS1st SessionH. CON. RES. 84IN THE HOUSE OF REPRESENTATIVESOctober 4, 2017Mr. Reed (for himself, Mr. Ryan of Ohio, Mr. Meehan, Ms. Esty of Connecticut, Mr. LoBiondo, Mr. Joyce of Ohio, Mrs. Dingell, Ms. Stefanik, Mr. Hultgren, Mr. Larson of Connecticut, Mr. Cicilline, Ms. Kaptur, Mrs. Lawrence, Mr. Pallone, Mr. Tonko, Ms. Sinema, Mr. Bost, Mr. Nadler, Mr. Loebsack, Mrs. Radewagen, Mr. Moulton, Mr. Courtney, Ms. Bonamici, Mr. Renacci, Ms. DelBene, Mr. Costello of Pennsylvania, Ms. Slaughter, Mr. Grothman, Mr. Lipinski, Mr. Barletta, Mr. Costa, Mrs. Walorski, Mr. Thompson of Pennsylvania, Mr. Kelly of Mississippi, Mr. LaHood, Mrs. Torres, Mrs. Bustos, Ms. Norton, Mr. Veasey, Mr. Chabot, Mr. Kelly of Pennsylvania, Ms. Brownley of California, Mr. Blum, Mr. Swalwell of California, Mr. Emmer, Ms. McCollum, Mr. Gene Green of Texas, Mr. Jenkins of West Virginia, Mr. McGovern, Mr. Latta, Mr. Ferguson, Mr. Kennedy, Mr. Marshall, Mr. Khanna, Mr. Schneider, Ms. Adams, Mr. Delaney, Mr. Collins of New York, and Mr. Evans) submitted the following concurrent resolution; which was referred to the Committee on Oversight and Government ReformCONCURRENT RESOLUTIONExpressing support for designation of the first Friday of October as Manufacturing Day.

 Whereas according to the most recent data, manufacturers contributed $2.17 trillion to the economy; Whereas this figure has steadily risen since 2009 when manufacturers contributed $1.70 trillion;
 Whereas the sector accounts for 12 percent of gross domestic product (GDP); Whereas for every $1.00 spent in manufacturing, another $1.40 is added to the economy, the highest multiplier effect of any economic sector;
 Whereas manufacturing supports an estimated 18.5 million jobs in the United States, about 1 in 6 private sector jobs;
 Whereas more than 12.3 million people in the United States (or 9 percent of the workforce) are employed directly in manufacturing;
 Whereas in 2014, on average manufacturing workers in the United States earned more than the average worker in all industries, including pay and benefits;
 Whereas manufacturers in the United States are the most productive in the world, far surpassing the worker productivity of any other major manufacturing economy, leading to higher wages and living standards;
 Whereas manufacturers in the United States drive innovation more than any other sector, spending $229.9 billion in 2014 on research and development, totaling an 82-percent increase from 5 years earlier;
 Whereas measured by GDP, manufacturing in the United States would rank as the ninth largest economy in the world; and
 Whereas the first Friday of October would be an appropriate date to designate as Manufacturing Day: Now, therefore, be it  That Congress supports the designation of Manufacturing Day.


113 HCON 57 IH: Expressing the opposition of the Congress to the Environmental Protection Agency’s proposed rule establishing new source performance standards to limit greenhouse gas emissions from new power plants.
U.S. House of Representatives
2013-09-20
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.

IV113th CONGRESS1st SessionH. CON. RES. 57IN THE HOUSE OF REPRESENTATIVESSeptember 20, 2013Mr. Rahall submitted the following concurrent resolution; which was referred to the Committee on Energy and CommerceCONCURRENT RESOLUTIONExpressing the opposition of the Congress to the Environmental Protection Agency’s proposed rule establishing new source performance standards to limit greenhouse gas emissions from new power plants.Whereas affordable, abundant, reliable coal-fueled electric energy is essential to the Nation’s economy, jobs, national security, and energy independence;Whereas the Environmental Protection Agency has issued a proposed rule that would limit the Nation’s energy options and lead to increased power costs for American families and businesses;Whereas the proposed rule would be detrimental to the Nation’s coal mining regions and the livelihoods and well-being of American coal miners, their families, and their communities;Whereas the energy and environmental policies of the Administration have stymied private-sector investment in new coal-fueled power plants, undermining the integrity of economic assumptions on which the proposed rule is based;Whereas the Administration has failed to provide sufficient funding and leadership to further the development and broad deployment of carbon capture and sequestration (CCS) technologies, and the only new power plants projected to be equipped to meet the standards under the proposed rule are those that incorporate federally funded CCS technology;Whereas emissions caps in the proposed rule are expected to influence future caps on emissions from existing coal-fueled power plants, natural gas-fired power plants, and manufacturers;Whereas worldwide consumption of coal is expected to increase among China, India, and other foreign competitor nations in the coming decades and the proposed rule will do nothing to address resulting increases in emissions from foreign sources; andWhereas proposed unilateral emissions caps would stifle the Nation’s growth, contribute to trade disadvantages, undermine the Nation’s international competitiveness, and contribute to the loss of American jobs: Now, therefore, be itThat the Congress opposes the Environmental Protection Agency’s rule establishing new source performance standards to limit greenhouse gas emissions from new power plants.


115 HR 4963 IH: Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018
U.S. House of Representatives
2018-02-07
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.

I115th CONGRESS2d SessionH. R. 4963IN THE HOUSE OF REPRESENTATIVESFebruary 7, 2018Mr. Cartwright (for himself, Mr. Messer, Mr. Upton, Mr. Reichert, Mr. Perry, and Mr. Clay) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to provide for assistance for victims of child pornography,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018. 2.FindingsCongress finds the following:
 (1)The demand for child pornography harms children because it drives production, which involves severe and often irreparable child sexual abuse and exploitation.
 (2)The harms caused by child pornography begin, but do not end, with child sex abuse because child pornography is a permanent record of that abuse and trafficking in those images compounds the harm to the child.
 (3)In Paroline v. United States (2014), the Supreme Court recognized that every viewing of child pornography is a repetition of the victim’s abuse. (4)The American Professional Society on the Abuse of Children has stated that for victims of child pornography, the sexual abuse of the child, the memorialization of that abuse which becomes child pornography, and its subsequent distribution and viewing become psychologically intertwined and each compound the harm suffered by the child-victim.
 (5)Victims suffer continuing and grievous harm as a result of knowing that a large, indeterminate number of individuals have viewed and will in the future view images of their childhood sexual abuse. Harms of this sort are a major reason that child pornography is outlawed.
 (6)The unlawful collective conduct of every individual who reproduces, distributes, or possesses the images of a victim’s childhood sexual abuse plays a part in sustaining and aggravating the harms to that individual victim. Multiple actors independently commit intentional crimes that combine to produce an indivisible injury to a victim.
 (7)It is the intent of Congress that victims of child pornography be fully compensated for all the harms resulting from every perpetrator who contributes to their anguish. Such an aggregate causation standard reflects the nature of child pornography and the unique ways that it actually harms victims.
			3.Determining restitution
 (a)Determining restitutionSection 2259(b) of title 18, United States Code, is amended— (1)in paragraph (1)—
 (A)by striking The order and inserting Except as provided in paragraph (2), the order; and (B)by striking as determined by the court pursuant to paragraph (2) after of the victim's losses;
 (2)by striking paragraph (3); (3)by redesignating paragraph (2) as paragraph (3); and
 (4)by inserting after paragraph (1) the following:  (2)Restitution for trafficking in child pornographyIf the defendant was convicted for trafficking in child pornography, the order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) an amount of restitution determined by the court as follows:
 (A)Determining the full amount of a victim’s lossesThe court shall determine the full amount of the victim’s losses that were incurred or are reasonably projected to be incurred by the victim as a result of the trafficking in child pornography.
 (B)Determining a restitution amountAfter completing the determination required under subparagraph (A), the court shall enter an order of restitution against the defendant in favor of the victim in an amount which is between $3,000 and 1 percent of the full amount of the victim’s losses.
 (C)Termination of paymentA victim’s total aggregate recovery pursuant to this section shall not exceed the full amount of the victim's demonstrated losses. After the victim has received restitution in the full amount of the victim’s losses as measured by the greatest amount of such losses found in any case involving that victim that has resulted in a final restitution order under this section, the liability of each defendant who is or has been ordered to pay restitution for such losses to that victim shall be terminated. The court may direct the victim to provide information concerning the amount of restitution the victim has been paid in other cases for the same losses..
 (b)Additional definitionsSection 2259(c) of title 18, United States Code, is amended— (1)in the heading, by striking Definition and inserting Definitions;
 (2)by striking For purposes and inserting the following:  (4)VictimFor purposes;
 (3)by striking under this chapter, including, in the case and inserting under this chapter. In the case; (4)by inserting after or any other person appointed as suitable by the court, the following: may assume the crime victim’s rights under this section,; and
 (5)by inserting before paragraph (4), as so designated, the following:  (1)Child pornography productionFor purposes of this section and section 2259A, the term child pornography production means conduct proscribed by subsection (a) through (c) of section 2251, section 2252A(g) (in cases in which the series of felony violations involves at least one of the violations listed in this section), section 2260(a), or any offense under chapter 109A or chapter 117 that involved the production of child pornography, as defined in section 2256.
 (2)Full amount of the victim's lossesFor purposes of this section, the term full amount of the victim's losses includes any costs incurred, or reasonably projected to be incurred in the future, by the victim, and in the case of a trafficking in child pornography conviction, as a proximate result of all trafficking in child pornography offenses involving the same victim, including—
 (A)medical services relating to physical, psychiatric, or psychological care; (B)physical and occupational therapy or rehabilitation;
 (C)necessary transportation, temporary housing, and child care expenses; (D)lost income;
 (E)attorneys’ fees, as well as other costs incurred; and (F)any other relevant losses incurred by the victim.
 (3)Trafficking in child pornographyFor purposes of this section and section 2259A, the term trafficking in child pornography means conduct proscribed by section 2251(d), 2251A, 2252, 2252A, section 2252A(g) (in cases in which the series of felony violations exclusively involves violations listed in this section), or section 2260(b)..
 (c)Clerical amendmentSection 1593(b)(3) of title 18, United States Code, is amended by striking section 2259(b)(3) and inserting section 2259(c)(2). 4.Defined monetary assistanceSection 2259 of title 18, United States Code, is amended by adding at the end the following:

				(d)Defined monetary assistance
					(1)Defined monetary assistance made available at victim’s election
 (A)Election to receive defined monetary assistanceSubject to paragraphs (2) and (3), if the defendant was convicted of child pornography production, the victim of child pornography production may choose to receive defined monetary assistance from the Child Pornography Victims’ Reserve established under section 1402(d)(6) of the Victims of Crime Act of 1984.
 (B)FindingTo be eligible for defined monetary assistance under this subsection, a court shall determine whether the claimant is a victim of the defendant who was convicted of child pornography production.
 (C)OrderIf a court determines that a claimant is a victim of child pornography production under subparagraph (B) and the claimant chooses to receive defined monetary assistance, the court shall order payment in accordance with subparagraph (D) to the victim from the Child Pornography Victims’ Reserve established under section 1402(d)(6) of the Victims of Crime Act of 1984.
 (D)Amount of defined monetary assistanceThe amount of defined monetary assistance payable under this subparagraph shall be equal to— (i)for the first calendar year after the date of enactment of this subsection, $35,000; and
 (ii)for each calendar year after the year described in clause (i), $35,000 multiplied by the ratio (not less than one) of—
 (I)the Consumer Price Index for all Urban Consumer (CPI–U, as published by the Bureau of Labor Statistics of the Department of Labor) for the calendar year preceding such calendar year; to
 (II)the CPI–U for the calendar year 2 years before the calendar year described in clause (i). (2)Limitations on defined monetary assistance (A)In generalA victim may only obtain defined monetary assistance under this subsection once.
 (B)Effect on recovery of other restitutionA victim who obtains defined monetary assistance under this subsection shall not be barred or limited from receiving restitution against any defendant for any offenses not covered by this section.
 (C)DeductionIf a victim who received defined monetary assistance under this subsection subsequently seeks restitution under this section, the court shall deduct the amount the victim received in defined monetary assistance when determining the full amount of the victim’s losses.
 (3)Limitations on eligibilityA victim who has collected payment of restitution pursuant to this section in an amount greater than the amount provided for under paragraph (1)(D) shall be ineligible to receive defined monetary assistance under this subsection.
					(4)Guardian ad litem
 (A)In generalIn all cases alleging child pornography production, the court shall appoint a guardian ad litem, who shall be an attorney, for each identified victim of the child pornography production, pursuant to section 3509(h).
 (B)FeesA guardian ad litem appointed pursuant to this subsection may not charge, receive, or collect, without court approval for good cause shown, any fees or payment of expenses that in the aggregate exceed 10 percent of any defined monetary assistance payment made under this subsection.
 (C)PenaltyAny guardian ad litem who violates subparagraph (B) shall be fined under this title, imprisoned for not more than one year, or both..
		5.Assessments in child pornography cases
 (a)Assessments in child pornography casesChapter 110 of title 18, United States Code, is amended by inserting after section 2259 the following:

					2259A.Assessments in child pornography cases
 (a)In generalIn addition to any other criminal penalty, restitution, or special assessment authorized by law, the court shall assess—
 (1)not more than $17,000 on any person convicted of an offense under section 2252(a)(4) or 2252A(a)(5);
 (2)not more than $35,000 on any person convicted of any other offense for trafficking in child pornography; and
 (3)not more than $50,000 on any person convicted of a child pornography production offense. (b)Annual adjustmentThe dollar amounts in subsection (a) shall be adjusted annually in conformity with the Consumer Price Index.
 (c)Factors consideredIn determining the amount of the assessment under subsection (a), the court shall consider the factors set forth in sections 3553(a) and 3572.
						(d)Imposition and implementation
 (1)In generalThe provisions of subchapter C of chapter 227 (other than section 3571) and subchapter B of chapter 229 (relating to fines) apply to assessments under this section, except that paragraph (2) applies in lieu of any contrary provisions of law relating to fines or disbursement of money received from a defendant.
 (2)Effect on other penaltiesImposition of an assessment under this section does not relieve a defendant of, or entitle a defendant to reduce the amount of any other penalty by the amount of the assessment. Any money received from a defendant shall be disbursed so that each of the following obligations is paid in full in the following sequence:
 (A)A special assessment under section 3013. (B)Restitution to victims of any child pornography production offense that the defendant committed.
 (C)An assessment under this section and restitution to victims of any trafficking in child pornography offenses.
 (D)Other orders under any other section of this title. (E)All other fines, penalties, costs, and other payments required under the sentence..
 (b)Child pornography victims reserveSection 1402(d) the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)) is amended by adding at the end the following:

					(6)
 (A)The Director may set aside up to $10,000,000 of the amounts remaining in the Fund in any fiscal year after distributing the amounts under paragraphs (2), (3), and (4), in a Child Pornography Victims Reserve, which may be used by the Attorney General for payments under section 2259(d) of title 18, United States Code.
 (B)Amounts in the reserve may be carried over from fiscal year to fiscal year, but the total amount of the reserve shall not exceed $10,000,000. Notwithstanding subsection (c) and any limitation on Fund obligations in any future Act, unless the same should expressly refer to this section, any such amounts carried over shall not be subject to any limitation on obligations from amounts deposited to or available in the Fund..
 (c)Child pornography victims reserveChapter 110 of title 18, United States Code, is amended by inserting after section 2259A, as added by subsection (a), the following:

					2259B.Child pornography victims reserve
 (a)Deposits into the reserveNotwithstanding any other provision of law, there shall be deposited into the Child Pornography Victims Reserve established under section 1402(d)(6) of the Victims of Crime Act of 1984 all assessments collected under section 2259A and any gifts, bequests, or donations to the Child Pornography Victims Reserve from private entities or individuals.
 (b)Availability for defined monetary assistanceAmounts in the Child Pornography Victims Reserve shall be available for payment of defined monetary assistance pursuant to section 2259(d). If at any time the Child Pornography Victims Reserve has insufficient funds to make all of the payments ordered under section 2259(d), the Child Pornography Victims Reserve shall make such payments as it can satisfy in full from available funds. In determining the order in which such payments shall be made, the Child Pornography Victims Reserve shall make payments based on the date they were ordered, with the earliest-ordered payments made first.
 (c)AdministrationThe Attorney General shall administer the Child Pornography Victims Reserve and shall issue guidelines and regulations to implement this section.
 (d)Sense of CongressIt is the sense of Congress that individuals who violate this chapter before this legislation is enacted, but who are sentenced after this legislation is enacted, shall be subject to the statutory scheme that was in effect at the time the offenses were committed..
 (d)Clerical amendmentThe table of sections for chapter 110 of title 18, United States Code, is amended by inserting after the item relating to section 2259 the following:

						2259A. Assessments in child pornography cases.
						2259B. Child pornography victims reserve..
 6.Child pornography victim’s right to evidenceSection 3509(m) of title 18, United States Code, is amended by adding at the end the following:  (3) (A)In any criminal proceeding, a victim of trafficking in child pornography or child pornography production, as those terms are defined in section 2259(c), shall have access to any property or material that constitutes child pornography, as defined by section 2256, depicting the victim, for inspection, viewing, and examination at a Government facility, by the victim, his or her attorney, and any individual the victim may seek to qualify to furnish expert testimony.
 (B)A victim of trafficking in child pornography or child pornography production, as those terms are defined in section 2259(c), his or her attorney, and any individual the victim may seek to qualify to furnish expert testimony may not copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography, as defined by section 2256 of this title, so long as the Government makes the property or material reasonably available to the victim, his or her attorney, and any individual the victim may seek to qualify to furnish expert testimony..
		7.Clerical amendments
 (a)Expansion of civil remedies for satisfaction of an unpaid fineSection 3613(c) of title 18, United States Code, is amended by inserting an assessment imposed pursuant to section 2259A of this title, after pursuant to the provisions of subchapter C of chapter 227 of this title,. (b)Clarification of interstate or foreign commerce provision regarding certain activities pertaining to child pornographySection 2252A (a)(2) of title 18, United States Code, is amended—
 (1)in subparagraph (A)— (A)by striking using any means or facility of interstate or foreign commerce and inserting has been; and
 (B)by inserting using any means or facility of interstate or foreign commerce or after child pornography; and (2)in subparagraph (B)—
 (A)by striking using any means or facility of interstate or foreign commerce and inserting has been; and (B)by inserting using any means or facility of interstate or foreign commerce or after child pornography.
 (c)Clarification of the definition of sexually explicit conductSection 2256(2) of title 18, United States Code, is amended— (1)in subparagraph (A)(v)—
 (A)by inserting anus, before genitals; and (B)by inserting a comma after genitals; and
 (2)in subparagraph (B)(iii)— (A)by inserting anus, before genitals; and
 (B)by inserting a comma after genitals. (d)Clarification of the extent of the offense of coercion and enticement of a minorSection 3559(e)(2)(A) of title 18, United States Code, is amended by striking into prostitution.
 8.Report on implementationNot later than 24 months after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the progress of the Department of Justice in implementing the amendments made by sections 3 through 5.


113 SRES 340 ATS: Expressing the sense of the Senate that all necessary measures should be taken to protect children in the United States from human trafficking, especially during the upcoming Super Bowl, an event around which many children are trafficked for sex.
U.S. Senate
2014-01-28
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.

III113th CONGRESS2d SessionS. RES. 340IN THE SENATE OF THE UNITED STATESJanuary 28, 2014Mr. Blumenthal (for himself, Mr. Portman, Mr. Booker, Mr. Rubio, Mr. Kirk, and Mr. Wyden) submitted the following resolution; which was referred to the Committee on the JudiciaryFebruary 3, 2014Committee discharged; considered and agreed toRESOLUTIONExpressing the sense of the Senate that all necessary measures should be taken to protect children in the United States from human trafficking, especially during the upcoming Super Bowl, an event around which many children are trafficked for sex. Whereas according to the Federal Bureau of Investigation, an estimated 200,000 to 300,000 children in the United States are at risk of commercial sexual exploitation;Whereas the average age of victims at the time of their entry into sex trafficking is between just 12 and 14 years old;Whereas sex trafficking victims are often abducted or lured into running away by traffickers;Whereas sex trafficking victims are routinely raped and beaten, and sometimes even branded;Whereas the vast majority of child victims of sex trafficking are children from the foster care system, where they have often been failed by the officials entrusted to protect them;Whereas instances of sex trafficking occur in every State, and tens of thousands of men, women, and children are brought to the United States every year and exploited for sex and labor by traffickers;Whereas it is widely recognized that the beloved American tradition of the Super Bowl, an event that draws tens of thousands of fans to the host city, like other major recreational events, leads to a surge in the sex trafficking of underage girls and boys in the host city; andWhereas traffickers aggressively advertise and sell sex trafficking victims on websites like Backpage.com during the Super Bowl in order to meet the increased demand from visitors to the host city: Now, therefore, be itThat it is the sense of the Senate that—(1)law enforcement officers, the juvenile justice system, social services, and the public should recognize and treat all children being trafficked for sex as victims of human trafficking each and every day of the year; and(2)Federal and State law enforcement agencies should take all necessary measures to protect children in the United States from harm, including arresting and prosecuting both traffickers and buyers of children for sex in accordance with the applicable State and Federal laws against child abuse, statutory rape, and human trafficking, particularly during the festivities surrounding Super Bowl XLVIII.


114 S2994 IS: DXM Abuse Prevention Act of 2016
U.S. Senate
2016-05-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS2d SessionS. 2994IN THE SENATE OF THE UNITED STATESMay 26, 2016Mr. Casey (for himself and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Federal Food, Drug, and Cosmetic Act to prevent the abuse of dextromethorphan, and for
			 other purposes.

 1.Short titleThis Act may be cited as the DXM Abuse Prevention Act of 2016. 2.Sales of over-the-counter drugs containing dextromethorphan (a)Prohibited actSection 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following:

 (eee)The failure of a retailer to implement a verification system as required by section 506G (relating to sales of over-the-counter drugs containing dextromethorphan)..
 (b)Verification systemThe Federal Food, Drug, and Cosmetic Act is amended by inserting after section 506F of such Act (21 U.S.C. 356f) the following:

					506G.Sales of over-the-counter drugs containing dextromethorphan
 (a)Verification systemAny retailer selling or offering for sale in interstate commerce dextromethorphan shall implement a verification system to ensure compliance with this section. Such a system may ensure such compliance by means of—
 (1)an electronic point-of-sale system coded to prompt for verification of the age of all purchasers of drugs described in subsection (b) and deny sales to those under the age of 18;
 (2)training manuals or materials instructing employees to verify the age of all purchasers of such drugs and deny sales to those under the age of 18;
 (3)signage in and around the sales counter outlining the age restriction on sales of such drugs; (4)designating one on-duty employee to approve all sales of such drugs; or
 (5)any other verification measure deemed valid by the Secretary. (b)ProhibitionExcept as provided in subsection (c), each retailer shall verify that no individual is under 18 years of age who purchases any drug that—
 (1)contains dextromethorphan; and (2)is not subject to section 503(b)(1).
							(c)Exceptions
 (1)Individuals over 26Subsection (b) does not require verification of the age of any individual over the age of 26. (2)Valid prescriptionSubsection (b) does not apply to any sale made pursuant to a validly issued prescription.
 (3)Valid military identification cardSubsection (b) does not apply to any sale to an individual under 18 years of age if such individual supplies proof at the time of such sale that such individual is actively enrolled in the military and presents a valid military identification card.
 (d)Affirmative defenseIt shall be an affirmative defense to an alleged violation of subsection (b) that the individual selling a drug containing dextromethorphan—
 (1)examined the purchaser's identification card; and (2)based on that examination, reasonably concluded that the identification was valid and indicated that the purchaser was not less than 18 years of age.
 (e)DefinitionIn this paragraph, the term identification card means an identification card that— (1)includes a photograph and the date of birth of the individual; and
 (2)is issued by a State or the Federal Government or is considered acceptable for purposes of sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code of Federal Regulations (including any successor regulations)..
 (c)Civil penaltiesSection 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following:

 (h)Notwithstanding subsection (a), the following provisions shall apply to violations of section 301(eee):
 (1)A person who violates section 301(eee) shall— (A)receive a violation notification from the Secretary for the first such violation; and
 (B)be subject to a civil penalty in an amount— (i)not more than $1,000 for the second such violation by a person;
 (ii)not more than $2,000 for the third such violation by a person; and (iii)not more than $5,000 for the fourth such violation, or a subsequent such violation, by a person.
 (2)In determining the amount of a civil penalty under this subsection for a person who is a retailer, the Secretary shall consider whether the retailer has taken appropriate steps to prevent subsequent violations, such as the establishment and administration of a documented employee training program to ensure all employees are familiar with and abiding by the provisions of section 506G, where such program includes—
 (A)educating employees regarding products containing dextromethorphan; (B)instruction on the correct method of checking a purchaser’s identification card; and
 (C)notifying employees of the civil penalties under this subsection. (3)If a person who is a retailer transacts sales of products containing dextromethorphan at more than one physical location, for purposes of determining the number of violations by that person under this subsection, each individual physical location operated by that retailer shall be considered a separate person.
 (4)The Secretary shall notify persons found to have violated section 301(eee) as soon as practicable after the Secretary discovers such violation. Such notification shall include the date and time when the violation was observed to occur.
 (5)Notwithstanding any other provision of this subsection or section 301(eee), an employee shall not be subject to penalties under this subsection unless such employee knowingly and willfully participates in a conspiracy to violate section 301(eee). For purposes of this paragraph, a conspiracy shall consist of an agreement between 2 or more persons with the intent to violate section 301(eee) and the commission of at least one overt act in furtherance of the agreement.
 (6)In this subsection— (A)the term employee means an individual who is employed by a retailer in a clerical or other non-managerial position; and
 (B)the term retailer means a grocery store, general merchandise store, drug store, pharmacy, convenience store, or other entity or person whose activities as a distributor relating to products containing dextromethorphan are limited almost exclusively to sales for personal use, both in number of sales and volume of sales, including any sales made by the Internet or other means..
 3.Restrictions on distribution of bulk dextromethorphanThe Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) is amended— (1)in section 501, by adding at the end the following:

 (k)If it is unfinished dextromethorphan and is possessed, received, or distributed in violation of section 506H.;
 (2)by inserting after section 506G, as added by section 2(b), the following:  506H.Restrictions on the distribution of bulk dextromethorphan (a)In generalNo person shall—
 (1)possess or receive unfinished dextromethorphan, unless the person is registered under section 510 or otherwise registered, licensed, or approved pursuant to Federal or State law to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients; or
 (2)distribute unfinished dextromethorphan to any person other than a person registered under section 510 or otherwise registered, licensed, or approved pursuant to Federal or State law to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients.
 (b)Exception for common carriersThis section does not apply to a common carrier that possesses, receives, or distributes unfinished dextromethorphan for purposes of distributing such unfinished dextromethorphan between persons described in subsection (a) as registered, licensed, or approved.
 (c)DefinitionsIn this section: (1)The term common carrier means any person that holds itself out to the general public as a provider for hire of the transportation by water, land, or air of merchandise, whether or not the person actually operates the vessel, vehicle, or aircraft by which the transportation is provided, between a port or place and a port or place in the United States.
 (2)The term unfinished dextromethorphan means dextromethorphan that is not contained in a drug that is in finished dosage form.; and  (3)by amending section 303, as amended by section 2(c), by adding at the end the following:

 (i)Notwithstanding subsection (a), a person who violates section 506H shall be subject to a civil penalty of not more than $100,000..