116 S4502 IS: Pipeline Fairness, Transparency, and Responsible Development Act of 2020
U.S. Senate
2020-08-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4502IN THE SENATE OF THE UNITED STATESAugust 6, 2020Mr. Kaine (for himself and Mr. Warner) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo amend the Natural Gas Act to bolster fairness and transparency in the consideration of interstate natural gas pipeline permits, to provide for greater public input opportunities in the natural gas pipeline permitting process, and for other purposes.1.Short titleThis Act may be cited as the Pipeline Fairness, Transparency, and Responsible Development Act of 2020.2.Notice to affected landowners(a)Initial noticeSection 7(d) of the Natural Gas Act (15 U.S.C. 717f(d)) is amended—(1)by striking the subsection designation and all that follows through Application for certificates and inserting the following:(d)Application for certificate of public convenience and necessity(1)In generalSubject to paragraph (2), an application for a certificate; and(2)by adding at the end the following:(2)Requirements(A)ApplicationAn application for a certificate of public convenience and necessity under paragraph (1) shall include—(i)the name and address of each interested party on whom the applicant is required to serve notice of the application under that paragraph; and(ii)a copy of the notice proposed to be served on each interested party under that paragraph.(B)Notice(i)In generalA notice served on an interested party under paragraph (1) shall include—(I)a description of the proceeding before the Commission relating to the application for a certificate of public convenience and necessity;(II)complete instructions on how the interested party can move to intervene in the proceeding described in the notice, including instructions on how to intervene—(aa)electronically; and(bb)through a paper filing;(III)a clear statement of the contents required to be included in a motion to intervene in the proceeding described in the notice;(IV)the deadline for the interested party to move to intervene in the proceeding described in the notice; and(V)a section, separated from the remaining text of the notice and clearly displayed in bold print, informing the interested party that—(aa)in order to preserve the right to seek judicial review of a decision by the Commission relating to the certificate of public convenience and necessity, the interested party must intervene in the proceeding described in the notice; and(bb)intervention in the proceeding described in the notice is the only way to preserve the right to judicial review described in item (aa).(ii)ReviewThe Commission shall—(I)review each notice submitted to the Commission under subparagraph (A)(ii) to determine whether the notice meets the requirements described in clause (i); and(II)approve the notice only if the notice meets those requirements.(iii)Service(I)In generalAn applicant may not serve notice on an interested party under paragraph (1) unless the notice has been approved by the Commission under clause (ii).(II)DeadlineA notice under paragraph (1) shall be served on an interested party not less than 60 days before the last day on which the interested party may intervene in the proceeding described in the notice.(C)Public availability of information relating to interested partiesOn request of any person, the Commission shall disclose the names and addresses submitted to the Commission under subparagraph (A)(i), subject to such reasonable terms and conditions as the Commission determines to be appropriate..(b)Subsequent noticeSection 7(e) of the Natural Gas Act (15 U.S.C. 717f(e)) is amended—(1)by striking the subsection designation and all that follows through of this section, in the first sentence and inserting the following:(e)Issuance of certificate(1)In generalExcept in the cases governed by the provisos in subparagraphs (A) and (B) of subsection (c)(1), and subject to paragraphs (2) through (4),;(2)in paragraph (1) (as so designated), by striking necessity; otherwise in the first sentence and all that follows through The Commission in the second sentence and inserting the following: “necessity.(2)RequirementThe Commission shall deny any application for which the Commission has not made the findings described in paragraph (1).(3)Terms and conditionsThe Commission; and(3)by adding at the end the following:(4)Notice of issuance(A)In generalOn issuance of a certificate of public convenience and necessity by the Commission, the applicant requesting the certificate shall provide to each interested party on whom the applicant served notice of the application under subsection (d) a notice of the issuance of the certificate.(B)RequirementsEach notice under subparagraph (A) shall include—(i)complete instructions on how the recipient of the notice may apply for a rehearing before the Commission;(ii)a clear statement of the contents required to be included in an application for a rehearing before the Commission;(iii)the deadline for the recipient to file that application;(iv)the time period for seeking judicial review of a decision of the Commission on an application for rehearing;(v)a statement informing the recipient that judicial review will not be available with respect to a decision of the Commission on any issue for which the recipient has not sought rehearing before the Commission; and(vi)a clear reference to—(I)subsections (a) and (b) of section 19; and(II)any rules issued under those subsections relating to the time or manner of seeking—(aa)a rehearing before the Commission; or (bb)judicial review of a decision of the Commission under this section, including any decision on a rehearing. (C)Effect of noticeA court may not grant a petition for eminent domain under subsection (h) with respect to any property covered by the applicable certificate of public convenience and necessity issued under this subsection unless the holder of the certificate has provided notice under this paragraph to each interested party described in subparagraph (A)..3.Conditioned certificatesSection 7(e) of the Natural Gas Act (15 U.S.C. 717f(e)) (as amended by section 2(b)) is amended by adding at the end the following:(5)Restrictions(A)Eminent domain(i)Commencement of actionA holder of a certificate of public convenience and necessity may not commence an action under subsection (h) until the earliest date on which all timely applications for rehearing under section 19(a)— (I)have received a ruling on the merits by the Commission under that section; or(II)have been deemed denied under paragraph (3)(B)(i) of that section.(ii)Ruling on petitionA court may not grant a petition for eminent domain under subsection (h) with respect to any property covered by the applicable certificate of public convenience and necessity if the holder of that certificate has not received all required certifications, authorizations, approvals, permits, or other permissions from Federal or State agencies necessary—(I)to begin construction; and(II)to complete the entire project for which the certificate was issued.(B)ConstructionThe holder of a certificate of public convenience and necessity may not begin construction under that certificate until the later of—(i)the earliest date on which the holder has received all required certifications, authorizations, approvals, permits, or other permissions described in subparagraph (A)(ii); and(ii)the earliest date on which all timely applications for rehearing under section 19(a)—(I)have received a ruling on the merits by the Commission under that section; or(II)have been deemed denied under paragraph (3)(B)(i) of that section..4.Eminent domain(a)Statement of policyWith respect to the construction and operation of natural gas pipelines, it is the policy of the United States to protect the rights of citizens of the United States to their private property, including by limiting the taking of private property by the Federal Government to situations in which the taking is for public use, with just compensation, and required by the public convenience and necessity, and not merely to advance the economic interests of private parties that would be given ownership or use of the property taken.(b)Just compensationSection 7(h) of the Natural Gas Act (15 U.S.C. 717f(h)) is amended—(1)by striking the subsection designation and all that follows through When any holder in the first sentence and inserting the following:(h)Eminent domain(1)In generalWhen any holder; (2)in paragraph (1) (as so designated), in the second sentence—(A)by striking The practice and inserting the following:(2)Practice and procedure(A)In generalSubject to subparagraph (B), the practice; (3)in paragraph (2)(A) (as so designated), by striking situated: Provided, That the and inserting the following “situated.(B)LimitationThe; and(4)by adding at the end the following:(3)Just compensation(A)Definition of lost conservation valueIn this paragraph, the term lost conservation value means—(i)the value of any use of land for conservation purposes (as defined in section 1.170A–14(d) of title 26, Code of Federal Regulations (or a successor regulation)) that is interrupted or prevented by the exercise of the right of eminent domain under paragraph (1); (ii)any decrease in the value of land due to the interruption or prevention of a use described in clause (i); and(iii)any lost benefit or decrease in the value of a benefit due to the interruption or prevention of a use described in clause (i).(B)Land subject to a conservation easementIn determining the just compensation for property acquired by the exercise of the right of eminent domain under paragraph (1), in the case of land subject to a conservation easement, the court with jurisdiction over the proceeding shall consider the lost conservation value of that land..5.Appraisals, offers of compensation, and possessionSection 7(h) of the Natural Gas Act (15 U.S.C. 717f(h)) (as amended by section 4(b)) is amended by adding at the end the following:(4)Appraisals and offers of compensation(A)Appraisals(i)In generalThe holder of a certificate of public convenience and necessity shall have the property covered by the certificate appraised in accordance with generally accepted appraisal standards.(ii)RequirementThe owner of the applicable property (or a designated representative of the owner) shall be given the opportunity to accompany the appraiser during any inspection of the property that is part of an appraisal under clause (i).(iii)TimingAn appraisal under clause (i) shall be carried out before the holder of the certificate of public convenience and necessity makes an offer of compensation to the owner of the applicable property.(B)Offers of compensationAny offer of compensation made to an owner of property that is covered by a certificate of public convenience and necessity—(i)shall be made in writing;(ii)may not be for an amount less than the fair market value of the property, as determined by an appraisal carried out under subparagraph (A); and(iii)shall include damages to any property of the owner that is adjacent to the property covered by the certificate.(5)Judicial review of eminent domain petitionNo court shall have jurisdiction to review a petition for eminent domain under this subsection unless—(A)an appraisal has been carried out in accordance with subparagraph (A) of paragraph (4); and(B)the holder of the certificate of public convenience and necessity has made an offer of compensation to the owner of the applicable property in accordance with subparagraph (B) of that paragraph.(6)Right of possessionAn owner of property covered by a certificate of public convenience and necessity shall not be required to surrender possession of the property unless the holder of the certificate—(A)has paid to the owner the agreed purchase price; or(B)has deposited with the applicable court the amount of the award of compensation in the condemnation proceeding for the property..6.Process coordination for environmental reviewSection 15 of the Natural Gas Act (15 U.S.C. 717n) is amended by adding at the end the following:(g)Environmental review for interstate natural gas pipelines(1)DefinitionsIn this subsection:(A)Federal authorization(i)In generalThe term Federal authorization means any authorization required under Federal law with respect to an application for a certificate of public convenience and necessity under section 7.(ii)InclusionsThe term Federal authorization includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to an application for a certificate of public convenience and necessity under section 7.(B)ProjectThe term project means a project for the construction or extension of facilities for the transportation in interstate commerce of natural gas that requires Federal authorization.(2)Programmatic environmental impact statementsIn considering an application for Federal authorization for a project in a State, if, during the 1-year period beginning on the date on which the application is filed, an application for Federal authorization for a separate project is filed, and that project is located in the same State and within 100 miles of the first project, the Commission shall consider both projects to be 1 project for purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).(3)Supplemental environmental impact statements(A)In generalIf the Commission determines that comments submitted in response to a draft environmental impact statement prepared with respect to an application for Federal authorization raise issues that exceed the initial scope of the draft environmental impact statement, a supplemental environmental impact statement shall be prepared for the project.(B)Mitigation plansIf a draft environmental impact statement prepared with respect to an application for Federal authorization does not include information about mitigation plans for adverse impacts that cannot reasonably be avoided, a supplemental environmental impact statement shall be prepared that includes that information.(4)Public meeting requirementsIn complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an application for Federal authorization, the Commission shall ensure that any public meeting shall be held—(A)in each county or equivalent subdivision in which the project will be located; and(B)during each period of public comment preceding, if applicable, publication of—(i)a draft environmental impact statement;(ii)a final environmental impact statement; and(iii)any supplemental environmental impact statement..7.Impacts on critical natural resourcesSubsection (g) of section 15 of the Natural Gas Act (15 U.S.C. 717n) (as added by section 6) is amended by adding at the end the following:(5)National scenic trails(A)In generalIn preparing an environmental impact statement with respect to an application for Federal authorization for a project, any evaluation of the visual impacts of the project on a national scenic trail designated by the National Trails System Act (16 U.S.C. 1241 et seq.) in the environmental impact statement shall—(i)consider the cumulative visual impacts of any similar proposed project—(I)for which an application for Federal authorization is in the pre-filing or filing stage; and(II)that impacts the same national scenic trail within 100 miles of the first project; and(ii)include visual impact simulations depicting leaf-on and leaf-off views at each location where major visual impacts occur, as identified, authenticated, and justified during the period of public comment preceding the publication of a draft environmental impact statement by the head of the Federal agency or independent agency administering the land at the applicable location.(B)National forest management plansNo amendment to a National Forest management plan under the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) shall be considered if the result of the amendment represents net degradation to the resources of a national scenic trail designated by the National Trails System Act (16 U.S.C. 1241 et seq.)..8.Judicial reviewSection 19(a) of the Natural Gas Act (15 U.S.C. 717r(a)) is amended—(1)in the sixth sentence, by striking Until the record and inserting the following:(5)Powers of the CommissionUntil the record;(2)in the fifth sentence, by striking No proceeding and inserting the following:(4)Application required for judicial reviewNo proceeding;(3)by striking the fourth sentence and inserting the following:(B)Effect of failure to timely rule on the merits(i)In generalIf the Commission has not ruled on the merits of an application for rehearing under this subsection by the date that is 45 days after the date on which the application is filed with the Commission, the application shall be deemed denied on that date.(ii)Orders granting rehearing for further considerationFor purposes of clause (i), an order granting an application for rehearing solely for the purpose of further considering the issues raised in the application shall not be considered to be a ruling on the merits of the application.(iii)Judicial reviewAn application that is deemed denied under clause (i) may be reviewed by a court of appeals of the United States in accordance with subsection (b).;(4)in the third sentence, by striking Upon such application and inserting the following:(3)Decision on application(A)In generalOn an application for rehearing under this subsection,;(5)in the second sentence, by striking The application and inserting the following:(2)ContentsAn application; and(6)by striking the subsection designation and all that follows through Any person in the first sentence and inserting the following:(a)Application for rehearing(1)In generalAny person.


109 HR 430 IH: To amend the Intermodal Surface Transportation Efficiency Act of 1991 to identify a route that passes through the States of Texas, New Mexico, Oklahoma, and Kansas as a high priority corridor on the National Highway System.
U.S. House of Representatives
2005-01-26
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.

I
109th CONGRESS
1st Session
H. R. 430
IN THE HOUSE OF REPRESENTATIVES

January 26, 2005
Mr. Udall of New Mexico (for himself, Mr. Moran of Kansas, Mr. Lucas, Mr. Thornberry, Mr. Pearce, Mr. Reyes, and Mr. Neugebauer) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To amend the Intermodal Surface Transportation Efficiency Act of 1991 to identify a route that passes through the States of Texas, New Mexico, Oklahoma, and Kansas as a high priority corridor on the National Highway System.

1.Southwest Passage Initiative for regional and interstate transportationSection 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 191) is amended by adding at the end the following:

(46)The corridor extending from the point on the border between the United States and Mexico at El Paso, Texas, where United States Route 54 begins, along United States Route 54 through the States of Texas, New Mexico, Oklahoma, and Kansas, and ending in Wichita, Kansas, to be known as the Southwest Passage Initiative for Regional and Interstate Transportation Corridor or SPIRIT Corridor..


		III
		110th CONGRESS
		2d Session
		S. RES. 491
		IN THE SENATE OF THE UNITED STATES

			March 31 (legislative
			 day, March 13), 2008
			Mr. Vitter submitted the
			 following resolution; which was referred to the
			 Committee on Environment and Public
			 Works

		RESOLUTION
		Recognizing the need and importance of
		  providing additional Federal funds for the Secretary of the Army to carry out
		  hurricane, coastal, and flood protection and hurricane and flood damage
		  reduction activities and related features in the State of
		  Louisiana.

		Whereas the restoration of the infrastructure, hurricane,
			 flood protection, ecosystem, and habitat of the State of Louisiana is critical
			 to the United States economy because—
			(1)Louisiana is the
			 key to United States energy security, providing nearly 30 percent of the energy
			 required to power the United States economy;
			(2)Louisiana
			 provides more than 25 percent of the seafood consumed in the United
			 States;
			(3)Louisiana
			 provides the largest port system in the world (having 5 of 15 ports with the
			 most total tonnage of all ports in the United States); and
			(4)more than 36
			 States depend on maritime commerce on waterways in Louisiana to receive goods
			 and services;
			Whereas, in 2005, Hurricanes Katrina and Rita devastated
			 Louisiana, causing the death of more than 1,400, the loss of 217 square miles
			 of coastal land and wetlands, and destroyed the integrity and performance of
			 the hurricane protection system;
		Whereas in Louisiana Hurricanes Katrina and Rita initially
			 caused the evacuation and displacement of 1,300,000 residents of Louisiana,
			 destroyed more than 200,000 homes, 40 schools, and 10 hospitals, damaged 835
			 schools, flooded more than 16,000 businesses, caused the loss of 179,000 jobs,
			 and resulted in property losses of more than $100,000,000,000 in the
			 State;
		Whereas Louisiana had a reduction in gross State product
			 of $7,400,000,000 during the period beginning on the date of occurrence of
			 Hurricane Katrina and ending on June 30, 2006;
		Whereas Federal funds are needed, in addition to the
			 fiscal year 2009 budget request of the President, to reduce the risk to the
			 greater New Orleans, Louisiana, area from storm surges to provide at least an
			 updated 100-year protection standard and address associated flood protection
			 needs to meet the President's commitment to complete the Corps of Engineers
			 work necessary for the updated 100-year protection standard for the greater New
			 Orleans area by the 2011 hurricane season;
		Whereas, in accordance with section 7012(c) of the Water
			 Resources Development Act of 2007 (121 Stat. 1279), the Committee on
			 Transportation and Infrastructure of the House of Representatives and the
			 Committee on Environment and Public Works of the Senate may adopt a resolution
			 to allow for appropriation of additional Federal funds that exceed 25 percent
			 of the authorized level for the activities identified in subsection (a) of that
			 section;
		Whereas, the historic cost share for current and future
			 work for the Southeast Louisiana Project is 75 percent Federal and 25 percent
			 non-Federal, in accordance with section 533(d) of the Water Resources
			 Development Act of 1996 (110 Stat. 3775), as reconfirmed by Congress in
			 subsequent supplemental legislation related to the 2005 hurricanes; and
		Whereas, the historic cost share for the Lake
			 Pontchartrain and Vicinity project is 70 percent Federal and 30 percent
			 non-Federal, in accordance with section 204 of the Flood Control Act of 1965
			 (79 Stat. 1077), as reconfirmed by Congress in subsequent supplemental
			 legislation: Now, therefore, be it

		That the Senate—
			(1)recognizes the
			 urgency for Congress to approve additional Federal funds required by the Corps
			 of Engineers by October 1, 2008, to complete hurricane, coastal, and flood
			 protection and hurricane and flood damage reduction activities and related
			 features to meet the President's commitment to complete the Corps of Engineers
			 work necessary for the updated 100-year protection standard for the greater New
			 Orleans area by the 2011 hurricane season; and
			(2)finds that, given
			 the significance and consequences of the 2005 Hurricanes Katrina and Rita, the
			 additional Federal funds to reduce the risk to the greater New Orleans,
			 Louisiana, area from storm surges and to provide at least an updated 100-year
			 protection standard and address associated flood protection needs shall be
			 carried out at full Federal expense.


116 S2548 IS: Safe Schools Improvement Act of 2019
U.S. Senate

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 2548IN THE SENATE OF THE UNITED STATESSeptember 25, 2019Mr. Casey (for himself, Mr. Merkley, Ms. Baldwin, Ms. Klobuchar, Mr. Whitehouse, Mr. Udall, Ms. Cantwell, Mr. Murphy, Ms. Smith, Mr. Wyden, Ms. Hassan, Mr. Cardin, Mr. Markey, Ms. Warren, Mr. Brown, Mr. Kaine, Ms. Rosen, Mrs. Feinstein, Mrs. Shaheen, Mr. Blumenthal, Ms. Harris, Mr. Sanders, Mr. Van Hollen, Mrs. Murray, Ms. Hirono, Mr. Leahy, Mr. Reed, Mr. Warner, Mr. Booker, and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Elementary and Secondary Education Act of 1965 to address and take action to prevent
			 bullying and harassment of students.

		1.Short
 titleThis Act may be cited as the Safe Schools Improvement Act of 2019.
 2.FindingsCongress finds the following: (1)Bullying and harassment foster a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims and create conditions that negatively affect learning, thereby undermining the ability of students to achieve their full potential.
 (2)Bullying and harassment contribute to high dropout rates, increased absenteeism, and academic underachievement.
 (3)Bullying and harassment include a range of behaviors that negatively impact a student’s ability to learn and participate in educational opportunities and activities that schools offer. Such behaviors can include hitting or punching, name-calling, intimidation through gestures or social exclusion, and sending insulting or offensive messages through electronic communications, such as internet sites, e-mail, instant messaging, mobile phones and messaging, telephone, or any other means.
 (4)Schools with enumerated anti-bullying and harassment policies have an increased level of reporting and teacher intervention in incidents of bullying and harassment, thereby reducing the overall frequency and number of such incidents.
 (5)Students have been particularly singled out for bullying and harassment on the basis of their actual or perceived race, color, national origin, sex, disability status, sexual orientation, gender identity, or religion, among other categories.
 (6)Some young people experience a form of bullying called relational aggression or psychological bullying, which harms individuals by damaging, threatening, or manipulating their relationships with their peers, or by injuring their feelings of social acceptance.
 (7)Interventions to address bullying and harassment conduct to create a positive and safe school climate, combined with evidence-based discipline policies and practices, such as Positive Behavior Interventions and Supports (PBIS) and restorative practices, can minimize suspensions, expulsions, and other exclusionary discipline policies to ensure that students are not pushed-out or diverted to the juvenile justice system.
 (8)According to one poll, 85 percent of Americans strongly support or somewhat support a Federal law to require schools to enforce specific rules to prevent bullying.
 (9)Students, parents, educators, and policymakers have come together to call for leadership and action to address the national crisis of bullying and harassment.
			3.Safe Schools
			 improvement
			(a)In
 generalTitle IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following:

					GSafe Schools
				Improvement
 4701.PurposeThe purpose of this part is to address the problem of bullying and harassment conduct of students in public elementary schools and secondary schools.
						4702.Anti-bullying
				policies
 (a)BullyingIn this part, the term bullying includes cyber-bullying through electronic communications.
 (b)PoliciesA State that receives a grant under this title shall require all local educational agencies in the State to carry out the following:
 (1)Establish policies that prevent and prohibit conduct, including bullying and harassment, that—
 (A)limits a student’s ability to participate in, or benefit from, a program or activity of a public school or local educational agency; or
 (B)creates a hostile or abusive educational environment, adversely affecting a student's education, at a program or activity of a public school or local educational agency, including acts of verbal, nonverbal, or physical aggression or intimidation.
 (2)The policies required under paragraph (1) shall include a prohibition of bullying or harassment conduct based on—
 (A)a student’s actual or perceived race, color, national origin, sex (including sexual orientation and gender identity), disability, or religion;
 (B)the actual or perceived race, color, national origin, sex (including sexual orientation and gender identity), disability, or religion of a person with whom a student associates or has associated; or
 (C)any other distinguishing characteristics that may be defined by the State or local educational agency.
 (3)Provide— (A)annual notice to students, parents, and educational professionals describing the full range of prohibited conduct contained in such local educational agency's discipline policies; and
 (B)grievance procedures for students or parents to register complaints regarding the prohibited conduct contained in such local educational agency's discipline policies, including—
 (i)the name of the local educational agency officials who are designated as responsible for receiving such complaints; and
 (ii)timelines that the local educational agency will establish in the resolution of such complaints.
 (4)Collect annual incidence and frequency of incidents data about the conduct prohibited by the policies described in paragraph (1) at the school level that are accurate and complete and publicly report such data at the school level and local educational agency level. The local educational agency shall ensure that victims or persons responsible for such conduct are not identifiable.
								4703.State
 reportsThe chief executive officer of a State that receives a grant under this title, in cooperation with the State educational agency, shall submit a biennial report to the Secretary—
 (1)on the information reported by local educational agencies in the State pursuant to section 4702(b)(4); and
 (2)describing the State's plans for supporting local educational agency efforts to address the conduct prohibited by the policies described in section 4702(b)(1).
							4704.Evaluation
							(a)Biennial
 evaluationThe Secretary shall conduct an independent biennial evaluation of programs and policies to combat bullying and harassment in elementary schools and secondary schools, including implementation of the requirements described in section 4702, including whether such requirements have appreciably reduced the level of the prohibited conduct and have conducted effective parent involvement and training programs.
							(b)Data
 collectionThe Commissioner for Education Statistics shall collect data from States, that are subject to independent review, to determine the incidence and frequency of conduct prohibited by the policies described in section 4702.
							(c)Biennial
 reportNot later than January 1, 2020, and every 2 years thereafter, the Secretary shall submit to the President and Congress a report on the findings of the evaluation conducted under subsection (a) together with the data collected under subsection (b) and data submitted by the States under section 4703.
							4705.Effect on
				other laws
							(a)Federal and
 state nondiscrimination lawsNothing in this part shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part are in addition to those imposed by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
							(b)Free speech and
 expression lawsNothing in this part shall be construed to alter legal standards regarding, or affect the rights (including remedies and procedures) available to individuals under, other Federal laws that establish protections for freedom of speech or expression.
							4706.Rule of
 constructionNothing in this part shall be construed to prohibit a State or local entity from enacting any law with respect to the prevention of bullying or harassment of students that is not inconsistent with this part..
			(b)Table of
 contentsThe table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4644 the following:
				Part D—Safe Schools ImprovementSec. 4701. Purpose.Sec. 4702. Anti-bullying policies.Sec. 4703. State reports.Sec. 4704. Evaluation.Sec. 4705. Effect on other laws.Sec. 4706. Rule of
				construction..


115 HR 1644 EH: Korean Interdiction and Modernization of Sanctions Act
U.S. House of Representatives

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
115th CONGRESS 1st Session
H. R. 1644
IN THE HOUSE OF REPRESENTATIVES
AN ACT
To enhance sanctions with respect to transactions relating to North Korea, and for other purposes.

1.Short titleThis Act may be cited as the Korean Interdiction and Modernization of Sanctions Act. 2.Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Title I—SANCTIONS TO ENFORCE AND IMPLEMENT UNITED NATIONS SECURITY COUNCIL SANCTIONS AGAINST NORTH KOREA
Sec. 101. Modification and expansion of requirements for the designation of persons.
Sec. 102. Prohibition on indirect correspondent accounts.
Sec. 103. Limitations on foreign assistance to noncompliant governments.
Sec. 104. Amendments to enhance inspection authorities.
Sec. 105. Enforcing compliance with United Nations shipping sanctions against North Korea.
Sec. 106. Report on cooperation between North Korea and Iran.
Sec. 107. Report on implementation of United Nations Security Council resolutions by other governments.
Sec. 108. Briefing on measures to deny specialized financial messaging services to designated North Korean financial institutions.
Title II—SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES BY THE GOVERNMENT OF NORTH KOREA
Sec. 201. Sanctions for forced labor and slavery overseas of North Koreans.
Sec. 202. Modifications to sanctions suspension and waiver authorities.
Sec. 203. Reward for informants.
Sec. 204. Determination on designation of North Korea as a state sponsor of terrorism.
Title III—GENERAL AUTHORITIES
Sec. 301. Authority to consolidate reports.
Sec. 302. Rule of construction.
Sec. 303. Regulatory authority.
Sec. 304. Limitation on funds.
3.Definitions
(a)Amendments to definitions in the North Korea Sanctions and Policy Enhancement Act of 2016
(1)Applicable Executive orderSection 3(1)(A) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202(1)(A)) is amended— (A)by striking or Executive Order 13694 and inserting Executive Order No. 13694; and
(B)by inserting or Executive Order No. 13722 (50 U.S.C. 1701 note; relating to blocking the property of the Government of North Korea and the Workers’ Party of Korea, and Prohibiting Certain Transactions With Respect to North Korea), before to the extent. (2)Applicable United Nations Security Council resolutionSection 3(2)(A) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202(2)(A)) is amended by striking or 2094 (2013) and inserting 2094 (2013), 2270 (2016), or 2321 (2016).
(3)Foreign personSection 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202) is amended— (A)by redesignating paragraphs (5) through (14) as paragraphs (6) through (15), respectively; and
(B)by inserting after paragraph (4) the following new paragraph:  (5)Foreign personThe term foreign person means—
(A)an individual who is not a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B)an entity that is not a United States person..
(4)Luxury goodsParagraph (9) of section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202), as redesignated by paragraph (3) of this subsection, is amended— (A)in subparagraph (A), by striking and at the end;
(B)in subparagraph (B), by striking the period at the end and inserting ; and; and (C)by adding at the end the following new subparagraph:

(C)also includes any items so designated under an applicable United Nations Security Council resolution.. (5)North Korean personSection 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202), as amended by paragraph (3) of this subsection, is further amended—
(A)by redesignating paragraphs (13) through (15) as paragraphs (14) through (16), respectively; and (B)by inserting after paragraph (12) the following new paragraph:

(13)North Korean personThe term North Korean person means— (A)a North Korean citizen or national; or
(B)an entity owned or controlled by the Government of North Korea or by a North Korean citizen or national.. (b)Definitions for purposes of this ActIn this Act:
(1)Applicable United Nations Security Council resolution; Luxury goodsThe terms applicable United Nations Security Council resolution and luxury goods have the meanings given those terms, respectively, in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202), as amended by subsection (a). (2)Appropriate congressional committees; Government of North Korea; United States personThe terms appropriate congressional committees, Government of North Korea, and United States person have the meanings given those terms, respectively, in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202).
(3)Foreign person; North Korean personThe terms foreign person and North Korean person have the meanings given those terms, respectively, in paragraph (5) and paragraph (13) of section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202(5) and 9202(13)), as added by subsection (a). (4)Prohibited weapons programThe term prohibited weapons program means—
(A)any program related to the development of nuclear, chemical, or biological weapons, and their means of delivery, including ballistic missiles; and (B)any program to develop related materials with respect to a program described in subparagraph (A).
ISANCTIONS TO ENFORCE AND IMPLEMENT UNITED NATIONS SECURITY COUNCIL SANCTIONS AGAINST NORTH KOREA
101.Modification and expansion of requirements for the designation of persons
(a)Expansion of mandatory designationsSection 104(a) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214(a)) is amended— (1)in paragraph (9), by striking ; or and inserting or any defense article or defense service (as such terms are defined in section 47 of the Arms Export Control Act (22 U.S.C. 2794));;
(2)by redesignating paragraph (10) as paragraph (15); (3)by inserting after paragraph (9) the following new paragraphs:

(10)knowingly, directly or indirectly, purchases or otherwise acquires from North Korea any significant amounts of gold, titanium ore, vanadium ore, copper, silver, nickel, zinc, or rare earth minerals; (11)knowingly, directly or indirectly, sells or transfers to North Korea any significant amounts of rocket, aviation, or jet fuel (except for use by a civilian passenger aircraft outside North Korea, exclusively for consumption during its flight to North Korea or its return flight);
(12)knowingly, directly or indirectly, provides significant amounts of fuel or supplies, provides bunkering services, or facilitates a significant transaction or transactions to operate or maintain, a vessel or aircraft that is designated under an applicable Executive order or an applicable United Nations Security Council resolution, or that is owned or controlled by a person designated under an applicable Executive order or applicable United Nations Security Council resolution; (13)knowingly, directly or indirectly, insures, registers, facilitates the registration of, or maintains insurance or a registration for, a vessel owned or controlled by the Government of North Korea, except as specifically approved by the United Nations Security Council;
(14)knowingly, directly or indirectly, maintains a correspondent account (as defined in section 201A(d)(1)) with any North Korean financial institution, except as specifically approved by the United Nations Security Council; or; and (4)in paragraph (15), as so redesignated, by striking (9) and inserting (14).
(b)Expansion of additional discretionary designationsSection 104(b)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214(b)(1)) is amended— (1)in subparagraph (A), by striking pursuant to an applicable United Nations Security Council resolution; and inserting the following:
pursuant to— (i)an applicable United Nations Security Council resolution;
(ii)any regulation promulgated under section 404; or (iii)any applicable Executive order;;
(2)in subparagraph (B)(iii), by striking or at the end; (3)in subparagraph (C), by striking the period at the end and inserting a semicolon; and
(4)by adding at the end the following new subparagraphs:  (D)knowingly, directly or indirectly, purchased or otherwise acquired from the Government of North Korea significant quantities of coal, iron, or iron ore, in excess of the limitations provided in applicable United Nations Security Council resolutions;
(E)knowingly, directly or indirectly, purchased or otherwise acquired significant types or amounts of textiles from the Government of North Korea; (F)knowingly facilitated a significant transfer of funds or property of the Government of North Korea that materially contributes to any violation of an applicable United National Security Council resolution;
(G)knowingly, directly or indirectly, facilitated a significant transfer to or from the Government of North Korea of bulk cash, precious metals, gemstones, or other stores of value not described under subsection (a)(10); (H)knowingly, directly or indirectly, sold, transferred, or otherwise provided significant amounts of crude oil, condensates, refined petroleum, other types of petroleum or petroleum byproducts, liquified natural gas, or other natural gas resources to the Government of North Korea (except for heavy fuel oil, gasoline, or diesel fuel for humanitarian use or as excepted under subsection (a)(11));
(I)knowingly, directly or indirectly, engaged in, facilitated, or was responsible for the online commercial activities of the Government of North Korea, including online gambling; (J)knowingly, directly or indirectly, purchased or otherwise acquired fishing rights from the Government of North Korea;
(K)knowingly, directly or indirectly, provided significant telephonic, telegraphic, telecommunications or other data services, in whole or in part, into or out of North Korea, in excess of services needed for humanitarian or diplomatic purposes (other than services that are excepted under section 203(b)(1) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(1))); (L)knowingly, directly or indirectly, purchased or otherwise acquired significant types or amounts of food or agricultural products from the Government of North Korea;
(M)knowingly, directly or indirectly, engaged in, facilitated, or was responsible for the exportation of workers from North Korea in a manner intended to generate significant revenue, directly or indirectly, for use by the Government of North Korea or by the Workers’ Party of Korea; (N)knowingly conducted a significant transaction or transactions in North Korea’s transportation, mining, energy, or financial services industries; or
(O)except as specifically approved by the United Nations Security Council, and other than through a correspondent account as described in subsection (a)(14), knowingly facilitated the operation of any branch, subsidiary, or office of a North Korean financial institution.. (c)Mandatory and discretionary asset blockingSection 104(c) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214(c)) is amended—
(1)by striking of a designated person and inserting of a person designated under subsection (a); (2)by striking The President and inserting the following:

(1)Mandatory asset blockingThe President; and (3)by adding at the end the following new paragraph:

(2)Discretionary asset blockingThe President may also exercise such powers, in the same manner and to the same extent described in paragraph (1), with respect to a person designated under subsection (b).. (d)Designation of additional persons (1)In generalNot later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report including a determination as to whether reasonable grounds exist, and an explanation of the reasons for any determination that such grounds do not exist, to designate, pursuant to section 104 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214), as amended by this section, each of the following:
(A)The Korea Shipowners’ Protection and Indemnity Association, a North Korean insurance company, with respect to facilitating imports, exports, and reexports of arms and related materiel to and from North Korea, or for other activities prohibited by such section 104. (B)Chinpo Shipping Company (Private) Limited, a Singapore corporation, with respect to facilitating imports, exports, and reexports of arms and related materiel to and from North Korea.
(C)The Central Bank of the Democratic People’s Republic of Korea, with respect to the sale of gold to, the receipt of gold from, or the import or export of gold by the Government of North Korea. (D)Kumgang Economic Development Corporation (KKG), with respect to being an entity controlled by Bureau 39 of the Workers’ Party of the Government of North Korea.
(E)Sam Pa, also known as Xu Jinghua, Xu Songhua, Sa Muxu, Samo, Sampa, or Sam King, and any entities owned or controlled by such individual, with respect to transactions with KKG. (F)The Chamber of Commerce of the Democratic People’s Republic of Korea, with respect to the exportation of workers in violation of section 104(a)(5) or of section 104(b)(1)(M) of such Act, as amended by subsection (b) of this section.
(2)FormThe report submitted under paragraph (1) may contain a classified annex. 102.Prohibition on indirect correspondent accounts (a)In generalTitle II of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9221 et seq.) is amended by inserting after section 201 the following new section:

201A.Prohibition on indirect correspondent accounts
(a)In generalExcept as provided in subsection (b), if a United States financial institution has or obtains knowledge that a correspondent account established, maintained, administered, or managed by that institution for a foreign financial institution is being used by the foreign financial institution to provide significant financial services indirectly to any person, foreign government, or financial institution designated under section 104, the United States financial institution shall ensure that such correspondent account is no longer used to provide such services. (b)ExceptionA United States financial institution is authorized to process transfers of funds to or from North Korea, or for the direct or indirect benefit of any person, foreign government, or financial institution that is designated under section 104, only if the transfer—
(1)arises from, and is ordinarily incident and necessary to give effect to, an underlying transaction that has been authorized by a specific or general license issued by the Secretary of the Treasury; and (2)does not involve debiting or crediting a North Korean account.
(c)DefinitionsIn this section: (1)Correspondent accountThe term correspondent account has the meaning given that term in section 5318A of title 31, United States Code.
(2)United States financial institutionThe term United States financial institution means has the meaning given that term in section 510.310 of title 31, Code of Federal Regulations, as in effect on the date of the enactment of this section. (3)Foreign financial institutionThe term foreign financial institution has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations, as in effect on the date of the enactment of this section..
(b)Clerical amendmentThe table of contents in section 1(b) of the North Korea Sanctions and Policy Enhancement Act of 2016 is amended by inserting after the item relating to section 201 the following new item:   Sec. 201A. Prohibition on indirect correspondent accounts.. 103.Limitations on foreign assistance to noncompliant governmentsSection 203 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9223) is amended—
(1)in subsection (b)— (A)in the heading, by striking Transactions in Lethal Military Equipment and inserting Transactions in Defense Articles or Defense Services;
(B)in paragraph (1), by striking that provides lethal military equipment to the Government of North Korea and inserting that provides to or receives from the Government of North Korea a defense article or defense service, as such terms are defined in section 47 of the Arms Export Control Act (22 U.S.C. 2794), if the President determines that a significant type or amount of such article or service has been so provided or received; and  (C)in paragraph (2), by striking 1 year and inserting 2 years;
(2)in subsection (d), by striking or emergency and inserting maternal and child health, disease prevention and response, or; and (3)by adding at the end the following new subsection:

(e)Report on arms trafficking involving North Korea
(1)In generalNot later than 180 days after the date of the enactment of this subsection, and annually thereafter for 5 years, the Secretary of State shall submit to the appropriate congressional committees a report that specifically describes the compliance of foreign countries and other foreign jurisdictions with the requirement to curtail the trade described in subsection (b)(1). (2)FormThe report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex..
104.Amendments to enhance inspection authoritiesTitle II of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9221 et seq.), as amended by section 102 of this Act, is further amended by striking section 205 and inserting the following:  205.Enhanced inspection authorities (a)Report required (1)In generalNot later than 180 days after the date of the enactment of this section, and annually thereafter for 5 years, the President shall submit to the appropriate congressional committees a report—
(A)identifying the operators of foreign sea ports and airports that knowingly— (i)significantly fail to implement or enforce regulations to inspect ships, aircraft, cargo, or conveyances in transit to or from North Korea, as required by applicable United Nations Security Council resolutions;
(ii)facilitate the transfer, transshipment, or conveyance of significant types or quantities of cargo, vessels, or aircraft owned or controlled by persons designated under applicable United Nations Security Council resolutions; or (iii)facilitate any of the activities described in section 104(a);
(B)describing the extent to which the requirements of applicable United Nations Security Council resolutions to de-register any vessel owned, controlled, or operated by or on behalf of the Government of North Korea have been implemented by other foreign countries; (C)describing the compliance of the Islamic Republic of Iran with the sanctions mandated in applicable United Nations Security Council resolutions;
(D)identifying vessels, aircraft, and conveyances owned or controlled by the Reconnaissance General Bureau of the Workers’ Party of Korea; and (E)describing the diplomatic and enforcement efforts by the President to secure the full implementation of the applicable United Nations Security Council resolutions, as described in subparagraphs (A) through (C).
(2)FormThe report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (b)Specific findingsEach report required under subsection (a) shall include specific findings with respect to the following ports and airports:
(1)The ports of Dandong, Dalian, and any other port in the People’s Republic of China that the President deems appropriate. (2)The ports of Abadan, Bandar-e-Abbas, Chabahar, Bandar-e-Khomeini, Bushehr Port, Asaluyeh Port, Kish, Kharg Island, Bandar-e-Lenge, and Khorramshahr, and Tehran Imam Khomeini International Airport, in the Islamic Republic of Iran.
(3)The ports of Nakhodka, Vanino, and Vladivostok, in the Russian Federation. (4)The ports of Latakia, Banias, and Tartous, and Damascus International Airport, in the Syrian Arab Republic.
(c)Enhanced security targeting requirements
(1)In generalExcept as provided in paragraph (2), the Secretary of Homeland Security may, using a layered approach, require enhanced screening procedures to determine whether physical inspections are warranted of any cargo bound for or landed in the United States that— (A)has been transported through a sea port or airport the operator of which has been identified by the President in accordance with subsection (a)(1) as having repeatedly failed to comply with applicable United Nations Security Council resolutions;
(B)is aboard a vessel or aircraft, or within a conveyance that has, within the last 365 days, entered the territory or waters of North Korea, or landed in any of the sea ports or airports of North Korea; or (C)is registered by a country or jurisdiction whose compliance has been identified by the President as deficient pursuant to subsection (a)(2).
(2)Exception for food, medicine, and humanitarian shipmentsParagraph (1) shall not apply to any vessel, aircraft, or conveyance that has entered the territory or waters of North Korea, or landed in any of the sea ports or airports of North Korea, exclusively for the purposes described in section 208(b)(3)(B), or to import food, medicine, or supplies into North Korea to meet the humanitarian needs of the North Korean people. (d)Seizure and ForfeitureA vessel, aircraft, or conveyance used to facilitate any of the activities described in section 104(a) under the jurisdiction of the United States may be seized and forfeited, or subject to forfeiture, under—
(1)chapter 46 of title 18, United States Code; or (2)part V of title IV of the Tariff Act of 1930 (19 U.S.C. 1581 et seq.)..
105.Enforcing compliance with United Nations shipping sanctions against North Korea
(a)In generalThe Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is amended by adding at the end the following new section:  16.Prohibition on entry and operation (a)Prohibition (1)In generalExcept as otherwise provided in this section, no vessel described in subsection (b) may enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States.
(2)Limitations on application
(A)In generalThe prohibition under paragraph (1) shall not apply with respect to— (i)a vessel described in subsection (b)(1), if the Secretary of State determines that—
(I)the vessel is owned or operated by or on behalf of a country the government of which the Secretary of State determines is closely cooperating with the United States with respect to implementing the applicable United Nations Security Council resolutions (as such term is defined in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016); or (II)it is in the national security interest not to apply the prohibition to such vessel; or
(ii)a vessel described in subsection (b)(2), if the Secretary of State determines that the vessel is no longer registered as described in that subsection. (B)NoticeNot later than 15 days after making a determination under subparagraph (A), the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate written notice of the determination and the basis upon which the determination was made.
(C)PublicationThe Secretary of State shall publish a notice in the Federal Register of each determination made under subparagraph (A).  (b)Vessels describedA vessel referred to in subsection (a) is a foreign vessel for which a notice of arrival is required to be filed under section 4(a)(5), and that—
(1)is on the most recent list of vessels published in Federal Register under subsection (c)(2); or (2)more than 180 days after the publication of such list, is knowingly registered, pursuant to the 1958 Convention on the High Seas entered into force on September 30, 1962, by a government the agents or instrumentalities of which are maintaining a registration of a vessel that is included on such list.
(c)Information and publicationThe Secretary of the department in which the Coast Guard is operating, with the concurrence of the Secretary of State, shall— (1)maintain timely information on the registrations of all foreign vessels over 300 gross tons that are known to be—
(A)owned or operated by or on behalf of the Government of North Korea or a North Korean person; (B)owned or operated by or on behalf of any country in which a sea port is located, the operator of which the President has identified in the most recent report submitted under section 205(a)(1)(A) of the North Korea Sanctions and Policy Enhancement Act of 2016; or
(C)owned or operated by or on behalf of any country identified by the President as a country that has not complied with the applicable United Nations Security Council resolutions (as such term is defined in section 3 of such Act); and (2)not later than 180 days after the date of the enactment of this section, and periodically thereafter, publish in the Federal Register a list of the vessels described in paragraph (1).
(d)Notification of governments
(1)In generalThe Secretary of State shall notify each government, the agents or instrumentalities of which are maintaining a registration of a foreign vessel that is included on a list published under subsection (c)(2), not later than 30 days after such publication, that all vessels registered under such government’s authority are subject to subsection (a). (2)Additional notificationIn the case of a government that continues to maintain a registration for a vessel that is included on such list after receiving an initial notification under paragraph (1), the Secretary shall issue an additional notification to such government not later than 120 days after the publication of a list under subsection (c)(2).
(e)Notification of vesselsUpon receiving a notice of arrival under section 4(a)(5) from a vessel described in subsection (b), the Secretary of the department in which the Coast Guard is operating shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States, unless— (1)the Secretary of State has made a determination under subsection (a)(2); or
(2)the Secretary of the department in which the Coast Guard is operating allows provisional entry of the vessel, or transfer of cargo from the vessel, under subsection (f). (f)Provisional entry or cargo transferNotwithstanding any other provision of this section, the Secretary of the department in which the Coast Guard is operating may allow provisional entry of, or transfer of cargo from, a vessel, if such entry or transfer is necessary for the safety of the vessel or persons aboard.
(g)Right of innocent passage and right of transit passageThis section shall not be construed as authority to restrict the right of innocent passage or the right of transit passage as recognized under international law. (h)Foreign vessel definedIn this section, the term ‘foreign vessel’ has the meaning given that term in section 110 of title 46, United States Code..
(b)Conforming amendments
(1)Special powersSection 4(b)(2) of the Ports and Waterways Safety Act (33 U.S.C. 1223(b)(2)) is amended by inserting or 16 after section 9. (2)Denial of entrySection 13(e) of the Ports and Waterways Safety Act (33 U.S.C. 1232(e)) is amended by striking section 9 and inserting section 9 or 16.
106.Report on cooperation between North Korea and Iran
(a)In generalNot later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the President shall submit to the appropriate congressional committees a report that includes— (1)an assessment of the extent of cooperation (including through the transfer of goods, services, technology, or intellectual property) between North Korea and Iran relating to their respective nuclear, ballistic missile development, chemical or biological weapons development, or conventional weapons programs;
(2)the names of any Iranian or North Korean persons that have knowingly engaged in or directed— (A)the provision of material support to such programs; or
(B)the exchange of information between North Korea and Iran with respect to such programs; (3)the names of any other foreign persons that have facilitated the activities described in paragraph (1); and
(4)a determination whether any of the activities described in paragraphs (1) and (2) violate United Nations Security Council Resolution 2231 (2015). (b)FormThe report required under subsection (a) shall be submitted in unclassified form but may contain a classified annex.
107.Report on implementation of United Nations Security Council resolutions by other governments
(a)In generalNot later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the President shall submit to the appropriate congressional committees a report that evaluates the degree to which the governments of other countries have knowingly failed to— (1)close the representative offices of persons designated under applicable United Nations Security Council resolutions;
(2)expel any North Korean nationals, including diplomats, working on behalf of such persons; (3)prohibit the opening of new branches, subsidiaries, or representative offices of North Korean financial institutions within the jurisdictions of such governments; or
(4)expel any representatives of North Korean financial institutions. (b)FormThe report required under subsection (a) shall be submitted in unclassified form but may contain a classified annex.
108.Briefing on measures to deny specialized financial messaging services to designated North Korean financial institutions
(a)In generalNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for 5 years, the President shall provide to the appropriate congressional committees a briefing that includes the following information: (1)A list of each person or foreign government the President has identified that directly provides specialized financial messaging services to, or enables or facilitates direct or indirect access to such messaging services for—
(A)any North Korean financial institution (as such term is defined in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202)) designated under an applicable United Nations Security Council resolution; or (B)any other North Korean person, on behalf of such a North Korean financial institution.
(2)A detailed assessment of the status of efforts by the Secretary of the Treasury to work with the relevant authorities in the home jurisdictions of such specialized financial messaging providers to end such provision or access. (b)FormThe briefing required under subsection (a) may be classified.
IISANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES BY THE GOVERNMENT OF NORTH KOREA
201.Sanctions for forced labor and slavery overseas of North Koreans
(a)Sanctions for trafficking in persons
(1)In generalSection 302(b) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9241(b)) is amended— (A)in paragraph (1), by striking and at the end;
(B)in paragraph (2), by striking the period at the end and inserting ; and; and (C)by adding at the end the following new paragraph:

(3)a list of foreign persons that knowingly employ North Korean laborers, as described in section 104(b)(1)(M).. (2)Additional determinations; reportsWith respect to any country identified in section 302(b)(2) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9241(b)(2)), as amended by paragraph (1), the report required under section 302(a) of such Act shall—
(A)include a determination whether each person identified in section 302(b)(3) of such Act (as amended by paragraph (1)) who is a national or a citizen of such identified country meets the criteria for sanctions under— (i)section 111 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7108) (relating to the prevention of trafficking in persons); or
(ii)section 104(a) or 104(b)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214(a)), as amended by section 101 of this Act; (B)be included in the report required under section 110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) (relating to the annual report on trafficking in persons); and
(C)be considered in any determination that the government of such country has made serious and sustained efforts to eliminate severe forms of trafficking in persons, as such term is defined for purposes of the Trafficking Victims Protection Act of 2000. (b)Sanctions on foreign persons that employ North Korean labor (1)In generalTitle III of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9241 et seq.) is amended by inserting after section 302 the following new sections:

302A.Rebuttable presumption applicable to goods made with North Korean labor
(a)In generalExcept as provided in subsection (b), any significant goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part by the labor of North Korean nationals or citizens shall be deemed to be prohibited under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) and shall not be entitled to entry at any of the ports of the United States. (b)ExceptionThe prohibition described in subsection (a) shall not apply if the Commissioner of U.S. Customs and Border Protection finds, by clear and convincing evidence, that the goods, wares, articles, or merchandise described in such paragraph were not produced with convict labor, forced labor, or indentured labor under penal sanctions.
302B.Sanctions on foreign persons employing North Korean labor
(a)In generalExcept as provided in subsection (c), the President shall designate any person identified under section 302(b)(3) for the imposition of sanctions under subsection (b). (b)Imposition of sanctions (1)In generalThe President shall impose the sanctions described in paragraph (2) with respect to any person designated under subsection (a).
(2)Sanctions describedThe sanctions described in this paragraph are sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to block and prohibit all transactions in property and interests in property of a person designated under subsection (a), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (c)Exception (1)In generalA person may not be designated under subsection (a) if the President certifies to the appropriate congressional committees that the President has received reliable assurances from such person that—
(A)the employment of North Korean laborers does not result in the direct or indirect transfer of convertible currency, luxury goods, or other stores of value to the Government of North Korea; (B)all wages and benefits are provided directly to the laborers, and are held, as applicable, in accounts within the jurisdiction in which they reside in locally denominated currency; and
(C)the laborers are subject to working conditions consistent with international standards. (2)RecertificationNot later than 180 days after the date on which the President transmits to the appropriate congressional committees an initial certification under paragraph (1), and every 180 days thereafter, the President shall—
(A)transmit a recertification stating that the conditions described in such paragraph continue to be met; or (B)if such recertification cannot be transmitted, impose the sanctions described in subsection (b) beginning on the date on which the President determines that such recertification cannot be transmitted..
(2)Clerical amendmentThe table of contents in section 1(b) of the North Korea Sanctions and Policy Enhancement Act of 2016 is amended by inserting after the item relating to section 302 the following new items:   Sec. 302A. Rebuttable presumption applicable to goods made with North Korean labor. Sec. 302B. Sanctions on foreign persons employing North Korean labor.. 202.Modifications to sanctions suspension and waiver authorities (a)ExemptionsSection 208(a) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9228(a)) is amended in the matter preceding paragraph (1)—
(1)by inserting 201A, after 104,; and (2)by inserting 302A, 302B, after 209,.
(b)Humanitarian waiverSection 208(b) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9228(b)(1)) is amended— (1)by inserting 201A, after 104, in each place it appears; and
(2)by inserting 302A, 302B, after 209(b), in each place it appears. (c)WaiverSection 208(c) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9228(c)) is amended in the matter preceding paragraph (1)—
(1)by inserting 201A, after 104,; and (2)by inserting 302A, 302B, after 209(b),.
203.Reward for informantsSection 36(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(b)), is amended— (1)in paragraph (9), by striking or at the end;
(2)in paragraph (10), by striking the period at the end and inserting a semicolon; and (3)by adding at the end the following new paragraphs:

(11)the identification or location of any person who, while acting at the direction of or under the control of a foreign government, aids or abets a violation of section 1030 of title 18, United States Code; or (12)the disruption of financial mechanisms of any person who has engaged in the conduct described in sections 104(a) or 104(b)(1) of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 2914(a) or (b)(1))..
204.Determination on designation of North Korea as a state sponsor of terrorism
(a)Determination
(1)In generalNot later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a determination whether North Korea meets the criteria for designation as a state sponsor of terrorism. (2)FormThe determination required by paragraph (1) shall be submitted in unclassified form but may include a classified annex, if appropriate.
(b)State sponsor of terrorism definedFor purposes of this section, the term state sponsor of terrorism means a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 4605(j)) (as in effect pursuant to the International Emergency Economic Powers Act), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. IIIGENERAL AUTHORITIES 301.Authority to consolidate reportsAny reports required to be submitted to the appropriate congressional committees under this Act or any amendment made by this Act that are subject to deadlines for submission consisting of similar units of time may be consolidated into a single report that is submitted to appropriate congressional committees pursuant to the earlier of such deadlines. The consolidated reports must contain all information required under this Act or any amendment made by this Act, in addition to all other elements mandated by previous law.
302.Rule of constructionNothing in this Act shall be construed to limit— (1)the authority or obligation of the President to apply the sanctions described in section 104 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9214), as amended by section 101 of this Act, with regard to persons who meet the criteria for designation under such section, or in any other provision of law; or
(2)the authorities of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). 303.Regulatory authority (a)In generalThe President shall, not later than 180 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this Act and the amendments made by this Act.
(b)Notification to CongressNot fewer than 10 days before the promulgation of a regulation under subsection (a), the President shall notify and provide to the appropriate congressional committees the proposed regulation, specifying the provisions of this Act or the amendments made by this Act that the regulation is implementing. 304.Limitation on fundsNo additional funds are authorized to carry out the requirements of this Act or of the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized.
 Passed the House of Representatives May 4, 2017.Karen L. Haas,Clerk.


		I
		111th CONGRESS
		1st Session
		H. R. 2274
		IN THE HOUSE OF REPRESENTATIVES

			May 6, 2009
			Mr. McKeon (for
			 himself, Mr. Boehner,
			 Mr. Cantor,
			 Mr. Pence,
			 Mr. Hoekstra,
			 Mr. Kline of Minnesota,
			 Mr. Bishop of Utah,
			 Mr. McClintock,
			 Mr. Hunter,
			 Mr. Sam Johnson of Texas,
			 Mr. Bartlett,
			 Mr. Linder,
			 Mrs. Myrick,
			 Mr. Hensarling,
			 Mr. Culberson,
			 Mr. Marchant,
			 Mrs. Bachmann,
			 Mr. Lamborn, and
			 Mr. Chaffetz) introduced the following
			 bill; which was referred to the Committee
			 on Education and Labor

		A BILL
		To repeal ineffective or unnecessary education programs
		  in order to restore the focus of Federal programs on quality preschool,
		  elementary, secondary, and postsecondary education programs for disadvantaged
		  students and students with disabilities.

		1.Short titleThis Act may be cited as the
			 Priorities in Education Spending
			 Act.
		2.Elementary and
			 secondary education programs
			(a)RepealsThe
			 following provisions of the Elementary and Secondary Education Act of 1965 (20
			 U.S.C. 6301 et seq.) are hereby repealed:
				(1)Subpart 3 of part B of title I (20 U.S.C.
			 6381 et seq.; relating to the William F. Goodling Even Start Family Literacy
			 programs).
				(2)Subpart 4 of part B of title I (20 U.S.C.
			 6383; relating to improving literacy through school libraries).
				(3)Section 1504 of part E of title I (20
			 U.S.C. 6494; relating to the Close Up Fellowship program).
				(4)Part F of title I (20 U.S.C. 6511 et seq.;
			 relating to comprehensive school reform).
				(5)Section 2151(b) of
			 subpart 5 of part A of title II (20 U.S.C. 6651(b); relating to school
			 leadership).
				(6)Section 2151(c) of subpart 5 of part A of
			 title II (20 U.S.C. 6651(c); relating to advanced certification or advanced
			 credentialing).
				(7)Subpart 2 of part C of title II (20 U.S.C.
			 6701 et seq.; relating to the National Writing Project).
				(8)Subpart 4 of part
			 C of title II (20 U.S.C. 6721 et seq.; relating to the teaching of traditional
			 American history).
				(9)Part D of title II (20 U.S.C. 6751 et seq.;
			 relating to enhancing education through technology).
				(10)Subpart 4 of part B of title III (20 U.S.C.
			 6961 et seq.; relating to the Emergency Immigrant Education program).
				(11)Section 4129 of subpart 2 of part A of
			 title IV (20 U.S.C. 7139; relating to grants to reduce alcohol abuse).
				(12)Section 4130 of subpart 2 of part A of
			 title IV (20 U.S.C. 7140; relating to mentoring programs).
				(13)Subpart 2 of part D of title V (20 U.S.C.
			 7245; relating to elementary and secondary school counseling programs).
				(14)Subpart 4 of part D of title V (20 U.S.C.
			 7249; relating to smaller learning communities).
				(15)Subpart 5 of part
			 D of title V (20 U.S.C. 7251; relating to the Reading is
			 Fundamental—Inexpensive Book Distribution program).
				(16)Subpart 7 of part
			 D of title V (20 U.S.C. 7255 et seq.; commonly referred to as the Star
			 Schools Act).
				(17)Subpart 8 of part
			 D of title V (20 U.S.C. 7257 et seq.; relating to the Ready to Teach
			 program).
				(18)Subpart 9 of part
			 D of title V (20 U.S.C. 7259 et seq.; commonly referred to as the
			 Foreign Language Assistance Act of 2001).
				(19)Subpart 10 of part D of title V (20 U.S.C.
			 7261 et seq.; commonly referred to as the Carol M. White Physical
			 Education Program).
				(20)Subpart 11 of
			 part D of title V (20 U.S.C. 7263 et seq.; relating to community technology
			 centers).
				(21)Subpart 12 of
			 part D of title V (20 U.S.C. 7265 et seq.; relating to educational, cultural,
			 apprenticeship, and exchange programs for Alaska Natives, Native Hawaiians, and
			 their historical whaling and trading partners in Massachusetts).
				(22)Subpart 14 of part D of title V (20 U.S.C.
			 7269 et seq.; relating to grants to improve mental health of children).
				(23)Subpart 15 of
			 part D of title V (20 U.S.C. 7271; relating to arts in education).
				(24)Subpart 18 of part D of title V (20 U.S.C.
			 7277 et seq.; relating to healthy, high–performance schools).
				(25)Subpart 20 of part D of title V (20 U.S.C.
			 7281 et seq.; relating to additional assistance for certain local educational
			 agencies impacted by Federal property acquisition).
				(26)Subpart 21 of part
			 D of title V (20 U.S.C. 7283 et seq.; commonly referred to as the
			 Women’s Educational Equity Act of 2001).
				(27)Part B of title VII (20 U.S.C. 7511 et
			 seq.; commonly referred to as the Native Hawaiian Education
			 Act).
				(28)Part C of title VII (20 U.S.C. 7541 et
			 seq.; commonly referred to as the Alaska Native Educational Equity,
			 Support, and Assistance Act).
				3.Early Learning
			 Opportunities ActTitle VIII
			 of H.R. 5656 of the 106th Congress (20 U.S.C. 9401 et seq.; 114 Stat. 2763,
			 2763A–77; commonly referred to as the Early Learning Opportunities
			 Act), enacted by section 1 of Public Law 106–554, is hereby
			 repealed.
		4.Higher education
			 programs
			(a)Higher Education
			 Act of 1965The following
			 provisions of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) are
			 hereby repealed:
				(1)Section 317 (20 U.S.C. 1059d; relating to
			 Alaska Native and Native Hawaiian-serving Institutions).
				(2)Subpart 6 of part A of title IV (1070d–31
			 et seq.; relating to Byrd Honors Scholarships).
				(3)Subpart 9 of part
			 A of title IV (20 U.S.C. 1070g et seq.; relating to TEACH Grants).
				(4)Section 432(n) (20
			 U.S.C. 1082(n); relating to Default Reduction Management program).
				(5)Section 428L (20
			 U.S.C. 1078–12; relating to loan repayment for civil legal assistance
			 attorneys).
				(6)Subpart 3 of part
			 A of title VII (20 U.S.C. 1136 et seq.; relating to the Thurgood Marshall Legal
			 Educational Opportunity Program).
				(7)Subpart 1 of part D of title VII (20 U.S.C.
			 1140a et seq.; relating to demonstration projects to support postsecondary
			 faculty, staff, and administrators in educating students with
			 disabilities).
				(8)Part E of title VII (20 U.S.C. 1141;
			 relating to the College Access Challenge Grant program).
				(9)Part C of title
			 VIII (20 U.S.C. 1161c; relating to business workforce partnerships for job
			 skill training in high-growth occupations or industries).
				(10)Part G of title
			 VIII (20 U.S.C. 1161h; relating to the Patsy Mink Fellowship program).
				(11)Part I of title
			 VIII (20 U.S.C. 1161i et seq.; relating to the Early Childhood Education
			 Professional Development and Career Task Force).
				(12)Part J of title
			 VIII (20 U.S.C. 1161j; relating to improving science, technology, engineering,
			 and mathematics education with a focus on Alaska Native and Native Hawaiian
			 students).
				(13)Part K of title VIII (20 U.S.C. 1161k;
			 relating to pilot programs to increase college persistence and success).
				(14)Part M of title VIII (20 U.S.C. 1161m;
			 relating to low tuition).
				(15)Part N of title VIII (20 U.S.C. 1161n et
			 seq.; relating to cooperative education).
				(16)Part P of title VIII (20 U.S.C. 1161p;
			 relating to create bridges from jobs to careers).
				(17)Part Q of title VIII (20 U.S.C.1161q;
			 relating to grant to rural-serving institutions of higher education).
				(18)Part S of title VIII (20 U.S.C. 1161s;
			 relating to training for realtime writers).
				(19)Part V of title VIII (20 U.S.C. 1161v;
			 relating to Modeling and Simulation programs).
				(20)Part W of title VIII (20 U.S.C. 1161w;
			 relating to the path to success).
				(21)Part X of title
			 VIII (20 U.S.C. 1161x; relating to the School of Veterinary Medicine
			 Competitive Grant program).
				(22)Part Z of title VIII (20 U.S.C. 1161z;
			 relating to the Henry Kuualoha Giugni Kupuna Memorial Archives).
				(b)Higher Education
			 Amendments of 1998The
			 following provisions of the Higher Education Amendments of 1998 (Public Law
			 105–244) are hereby repealed:
				(1)Part D of title VIII (20 U.S.C. 1151;
			 relating to the Incarcerated Youth Program).
				(2)Part H of title
			 VIII (20 U.S.C. 1153; relating to the Underground Railroad Educational and
			 Cultural Program).
				(c)Other higher
			 education lawsThe following provisions of law are hereby
			 repealed:
				(1)Section 121 of the Education of the Deaf
			 Act of 1986 (20 U.S.C. 4341; relating to Cultural Experiences Grants).
				(2)Section 802 of the
			 Higher Education Opportunity Act (20 U.S.C. 9631; relating to the National
			 Center for Research in Advanced Information and Digital Technologies).
				(3)Section 5(c) of the Stevenson-Wydler
			 Technology Innovation Act of 1980 (15 U.S.C. 3704(c); relating to the Minority
			 Serving Institution Digital and Wireless Technology Opportunity
			 Program).
				(4)Part E of title XV
			 of the Higher Education Amendments of 1992 (20 U.S.C. 1070 note; Public Law
			 102–325; relating to B.J. Stupak Olympic Scholarships).
				5.Literacy program
			 for prisonersNotwithstanding
			 the provisions under the heading Safe Schools and Citizenship
			 Education in title III of division F of Public Law 108–447 (118 Stat.
			 3145), the Secretary may not obligate any funds to carry out section 601 of the
			 National Literacy Act of 1991 (Public Law 102–73; 105 Stat. 356; relating to
			 literacy for prisoners).
		6.Loan repayment
			 for prosecutors and public defendersPart JJ of title I of the Omnibus Crime
			 Control and Safe Streets Act of 1968 (section 952 of Public Law 105–244;
			 relating to loan repayment for prosecutors and public defenders) is hereby
			 repealed.
		7.Career and
			 Technical Education ProgramsTitle II of the Carl D. Perkins Career and
			 Technical Education Act of 2006 (20 U.S.C. 2371 et seq.) is hereby
			 repealed.
		8.Special Olympics
			 Sport and Empowerment Act of 2004 programSection 3(a) of the Special Olympics Sport
			 and Empowerment Act of 2004 (42 U.S.C. 15001 note; relating to education
			 activities) is hereby repealed.
		9.Head Start Act
			 programSection 657B of the
			 Head Start Act (42 U.S.C. 9852b; relating to Centers of Excellence in Early
			 Childhood) is hereby repealed.
		10.Workforce
			 Investment Act programSection
			 171(e) of the Workforce Investment Act (20 U.S.C. 2916(e); relating to the
			 Energy Efficiency and Renewable Energy Worker Training Program) is hereby
			 repealed.
		11.The National
			 Environmental Education ActThe National Environmental Education Act (20
			 U.S.C. 5501 et seq.) is hereby repealed.
		12.America Competes
			 ActThe following provisions
			 of the America COMPETES Act (20 U.S.C. 9801 et seq.) are hereby
			 repealed:
			(1)Part I of subtitle
			 A of title VI (20 U.S.C. 9811 et seq.; relating to teachers for a competitive
			 tomorrow).
			(2)Section 6131 (20 U.S.C. 9841; relating to
			 promising practices).
			(3)Section 6202 (20
			 U.S.C. 9852; relating to summer term education programs).
			(4)Section 6501 (20
			 U.S.C. 9881; relating to Mathematics and Science Partnership Bonus Grants).


116 S3451 ES: Food Allergy Safety, Treatment, Education, and Research Act of 2020
U.S. Senate

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.

116th CONGRESS2d SessionS. 3451IN THE SENATE OF THE UNITED STATESAN ACTTo improve the health and safety of Americans living with food allergies and related disorders, including potentially life-threatening anaphylaxis, food protein-induced enterocolitis syndrome, and eosinophilic gastrointestinal diseases, and for other purposes.
1.Short titleThis Act may be cited as the Food Allergy Safety, Treatment, Education, and Research Act of 2020 or the FASTER Act of 2020.2.Food allergy safety(a)In generalSection 201(qq)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(qq)(1)) is amended by striking and soybeans and inserting soybeans, and sesame. (b)Effective dateThe amendment made by subsection (a) shall apply to any food that is introduced or delivered for introduction into interstate commerce on or after January 1, 2023.3.Report to Congress(a)ReportNot later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary) shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes—(1)descriptions of ongoing Federal activities related to—(A)the surveillance and collection of data on the prevalence of food allergies and severity of allergic reactions for specific food or food ingredients, including the identification of any gaps in such activities;(B)the development of effective food allergy diagnostics;(C)the prevention of the onset of food allergies;(D)the reduction of risks related to living with food allergies; and(E)the development of new therapeutics to prevent, treat, cure, and manage food allergies; and(2)specific recommendations and strategies to expand, enhance, or improve activities described in paragraph (1), including—(A)strategies to improve the accuracy of food allergy prevalence data by expanding and intensifying current collection methods, including support for research that includes the identification of biomarkers and tests to validate survey data and the investigation of the use of identified biomarkers and tests in national surveys;(B)strategies to overcome gaps in surveillance and data collection activities related to food allergies and specific food allergens; and(C)recommendations for the development and implementation of a regulatory process and framework that would allow for the timely, transparent, and evidence-based modification of the definition of major food allergen included in section 201(qq) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321(qq)), including with respect to—(i)the scientific criteria for defining a food or food ingredient as a major food allergen pursuant to such process, including recommendations pertaining to evidence of the prevalence and severity of allergic reactions to a food or food ingredient that would be required in order to establish that such food or food ingredient is an allergen of public health concern appropriate for such process; and(ii)opportunities for stakeholder engagement and comment, as appropriate, in considering any such modification to such definition.(b)PublicationThe Secretary shall make the report under subsection (a) available on the internet website of the Department of Health and Human Services.Passed the Senate December 9, 2020.Secretary


115 HR 6373 IH: Promoting National Service and Reducing Unemployment Act
U.S. House of Representatives
2018-07-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
115th CONGRESS2d Session
H. R. 6373
IN THE HOUSE OF REPRESENTATIVES

July 13, 2018
Ms. Norton introduced the following bill; which was referred to the Committee on Appropriations

A BILL
To make supplemental appropriations to provide additional funds to Americorps for the fiscal year ending September 30, 2018.

1.Short titleThis Act may be cited as the Promoting National Service and Reducing Unemployment Act. 2.Statement of appropriationsThe following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2019, namely:Corporation for National and Community ServiceOperating ExpensesFor an additional amount for the Corporation for National and Community Service to carry out the National and Community Service Act of 1990, notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), 501(a)(4)(E), and 501(a)(5)(F) of such Act, $7,500,000,000: Provided, That of such amount up to $75,000,000 may be used to defray the costs of conducting grant application reviews, including the use of outside peer reviewers and electronic management of the grants cycle: Provided further, That an additional $3,047,500,000, to remain available until expended, shall be deposited in the National Service Trust for expenses authorized under subtitle D of title I of such Act.Salaries and ExpensesFor an additional amount for necessary expenses of administration as provided under section 501(a)(5) of the National and Community Service Act of 1990, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants authorized under section 3109 of title 5, United States Code, $37,500,000.Office of Inspector GeneralFor an additional amount for necessary expenses of the Office of Inspector General of the Corporation in carrying out the Inspector General Act of 1978, $8,000,000. 3.Requirement The Corporation shall use amounts appropriated by this Act in a manner that—
(1)increases to 500,000 the number of national service positions approved under subtitle C of title I of the National and Community Service Act of 1990; and (2)gives preference to national service programs that propose to use full-time national service positions.