SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Ecology Protection Act of 2000''. SEC. 2. BALLAST WATER TREATMENT REGULATIONS REQUIRED. (a) In General.--Section 1101(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (33 U.S.C. 4711(b)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--The Secretary of Transportation shall issue regulations to prevent the introduction and spread of aquatic nuisance species within the Great Lakes. ``(2) Contents of the regulations.--The regulations required by paragraph (1) shall-- ``(A) ensure to the maximum extent practicable that ballast water containing aquatic nuisance species is not discharged into the Great Lakes; ``(B) protect the safety of each vessel, its crew, and passengers, if any; ``(C) apply to all vessels capable of discharging ballast water, whether equipped with ballast water tank systems of otherwise, that enter the Great Lakes after operating on waters beyond the exclusive economic zone; ``(D) require such vessels to-- ``(i) carry out any discharge or exchange of ballast water before entering the Great Lakes; or ``(ii) carry out any discharge or exchange of ballast water within the Great Lakes only in compliance with the regulations; ``(E) take into consideration different vessel operating conditions; ``(F) require the use of environmentally sound treatment methods for ballast water and ballast sediments, such as sterilization, in preventing and controlling infestations of aquatic nuisance species; ``(G) provide for certification by the master of each vessel entering the Great Lakes that such vessel is in compliance with the regulations; ``(H) assure compliance through-- ``(i) sampling procedures; ``(ii) inspection of records; and ``(iii) imposition of sanctions in accordance with subsection (g)(1); ``(I) be based on the best scientific information available; ``(J) not supersede or adversely affect any requirement or prohibition pertaining to the discharge of ballast water into the waters of the United States under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and ``(K) include such other matters as the Secretary considers appropriate.''. (b) Sterilization Defined.--Section 1003 of such Act (33 U.S.C. 4702) is amended by-- (1) redesignating paragraphs (13), (14), (15), (16), and (17) in order as paragraphs (14), (15), (16), (17), and (18); and (2) inserting after paragraph (12) the following: ``(13) `sterilization' means the treatment of sediments in ballast water tanks to remove or destroy all living biological organisms through-- ``(A) filtration; ``(B) the application of biocides or ultraviolet light; or ``(C) thermal methods; ``(D) other treatment techniques approved by the Secretary;''. (c) Maximizing Public Participation in the Formulation of Required Regulations.--The Secretary of Transportation shall maximize public participation in the issuance of regulations required by the amendment made by subsection (a), by-- (1) publishing an advance notice of proposed rulemaking; (2) publishing the advance notice of proposed rulemaking and the proposed rule through means designed to reach persons likely to be subject to or affected by the regulations, including electronic means; (3) making the text of the advance notice of proposed rulemaking and of the proposed rule available through electronic means; (4) providing not less than 120 days for public comment on the proposed rule; (5) providing for an effective date that is not less than 30 days after the date of publication of the final rule; and (6) such other means as the Secretary considers appropriate. (d) Required Regulatory Schedule.-- (1) Issuance of advance notice of proposed rulemaking.--The Secretary shall issue an advance notice of proposed rulemaking for the regulations required by the amendment made by subsection (a) within 30 days after the date of enactment of this Act. (2) Issuance of final regulations.--The Secretary shall issue final regulations required by the amendment made by subsection (a) within 180 days after the date of enactment of this Act.

Summary: Sets forth provisions requiring maximum public participation in, and advance notice of, proposed rulemaking with respect to such regulations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Minerals and Materials Promotion Act of 2011''. SEC. 2. DEFINITION OF CRITICAL MINERALS AND MATERIALS. In this Act: (1) In general.--The term ``critical minerals and materials'' means naturally occurring, nonliving, nonfuel substances with a definite chemical composition-- (A) that perform an essential function for which no satisfactory substitutes exist; and (B) the supply of which has a high probability of becoming restricted, leading to physical unavailability or excessive costs for the applicable minerals and materials in key applications. (2) Exclusions.--The term ``critical minerals and materials'' does not include ice, water, or snow. SEC. 3. PROGRAM TO DETERMINE PRESENCE OF AND FUTURE NEEDS FOR CRITICAL MINERALS AND MATERIALS. (a) In General.--The Secretary of the Interior, acting through the United States Geological Survey, shall establish a research and development program-- (1) to provide data and scientific analyses for research on, and assessments of the potential for, undiscovered and discovered resources of critical minerals and materials in the United States and other countries; and (2) to analyze and assess current and future critical minerals and materials supply chains-- (A) with advice from the Energy Information Administration on future energy technology market penetration; and (B) using the Mineral Commodity Summaries produced by the United States Geological Survey. (b) Global Supply Chain.--The Secretary shall, if appropriate, cooperate with international partners to ensure that the program established under subsection (a) provides analyses of the global supply chain of critical minerals and materials. SEC. 4. PROGRAM TO STRENGTHEN THE DOMESTIC CRITICAL MINERALS AND MATERIALS SUPPLY CHAIN FOR CLEAN ENERGY TECHNOLOGIES. The Secretary of Energy shall conduct a program of research, development, and demonstration to strengthen the domestic critical minerals and materials supply chain for clean energy technologies and to ensure the long-term, secure, and sustainable supply of critical minerals and materials sufficient to strengthen the national security of the United States and meet the clean energy production needs of the United States, including-- (1) critical minerals and materials production, processing, and refining; (2) minimization of critical minerals and materials in energy technologies; (3) recycling of critical minerals and materials; and (4) substitutes for critical minerals and materials in energy technologies. SEC. 5. STRENGTHENING EDUCATION AND TRAINING IN MINERAL AND MATERIAL SCIENCE AND ENGINEERING FOR CRITICAL MINERALS AND MATERIALS PRODUCTION. (a) In General.--The Secretary of Energy shall promote the development of the critical minerals and materials industry workforce in the United States. (b) Support.--In carrying out subsection (a), the Secretary shall support-- (1) critical minerals and materials education by providing undergraduate and graduate scholarships and fellowships at institutions of higher education, including technical and community colleges; (2) partnerships between industry and institutions of higher education, including technical and community colleges, to provide onsite job training; and (3) development of courses and curricula on critical minerals and materials. SEC. 6. SUPPLY OF CRITICAL MINERALS AND MATERIALS. (a) Policy.--It is the policy of the United States to promote an adequate and stable supply of critical minerals and materials necessary to maintain national security, economic well-being, and industrial production with appropriate attention to a long-term balance between resource production, energy use, a healthy environment, natural resources conservation, and social needs. (b) Implementation.--To implement the policy described in subsection (a), the President, acting through the Executive Office of the President, shall-- (1) coordinate the actions of applicable Federal agencies; (2) identify critical minerals and materials needs and establish early warning systems for critical minerals and materials supply problems; (3) establish a mechanism for the coordination and evaluation of Federal critical minerals and materials programs, including programs involving research and development, in a manner that complements related efforts carried out by the private sector and other domestic and international agencies and organizations; (4) promote and encourage private enterprise in the development of economically sound and stable domestic critical minerals and materials supply chains; (5) promote and encourage the recycling of critical minerals and materials, taking into account the logistics, economic viability, environmental sustainability, and research and development needs for completing the recycling process; (6) assess the need for and make recommendations concerning the availability and adequacy of the supply of technically trained personnel necessary for critical minerals and materials research, development, extraction, and industrial practice, with a particular focus on the problem of attracting and maintaining high-quality professionals for maintaining an adequate supply of critical minerals and materials; and (7) report to Congress on activities and findings under this subsection. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as are necessary.

Summary: Critical Minerals and Materials Promotion Act of 2011 - Directs the Secretary of the Interior, acting through the United States Geological Survey (USGS), to establish a research and development program to: (1) provide data and scientific analyses for research on, and assessments of the potential for, undiscovered and discovered resources of critical minerals and materials in the United States and other countries; (2) analyze and assess current and future critical minerals and materials supply chains; and (3) cooperate with international partners to ensure that the research and assessment programs provide analyses of the global supply chain of critical minerals and materials. Directs the Secretary of Energy (DOE) to conduct a research, development, and demonstration program to strengthen the domestic critical minerals and materials supply chain for clean energy technologies, and to ensure the long-term, secure, and sustainable supply of critical minerals and materials sufficient to strengthen the national security and meet the clean energy production needs of the United States. Directs the Secretary of Energy to promote the development of the critical minerals and materials industry workforce in the United States by supporting: (1) critical minerals and materials education by providing undergraduate and graduate scholarships and fellowships at institutions of higher education, including technical and community colleges; (2) partnerships between industry and institutions of higher education, including technical and community colleges, to provide onsite job training; and (3) development of courses and curricula on critical minerals and materials. Expresses the policy of the United States to promote an adequate and stable supply of critical minerals and materials necessary to maintain national security, economic well-being, and industrial production with appropriate attention to a long-term balance between resource production, energy use, a healthy environment, natural resources conservation, and social needs. Directs the President take specified steps to implement such policy.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Sexual Assault Crimes Revision Act of 2004''. SEC. 2. MILITARY SEXUAL ABUSE. (a) Sexual Abuse.--Section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended to read as follows: ``Sec. 920. Art. 120. Sexual abuse ``(a) Any person subject to this chapter who knowingly-- ``(1) causes another person to engage in a sexual act by using force against that other person; ``(2) causes another person to engage in a sexual act by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; ``(3) renders another person unconscious and thereby engages in a sexual act with that other person; or ``(4) administers to another person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance and thereby-- ``(A) substantially impairs the ability of that other person to appraise or control conduct; and ``(B) engages in a sexual act with that other person; is guilty of aggravated sexual abuse and shall be punished as a court- martial may direct. ``(b) Any person subject to this chapter who knowingly engages in a sexual act with another person who has not attained the age of twelve years is guilty of aggravated sexual abuse of a child and shall be punished as a court-martial may direct. In a prosecution under this subsection, it need not be proven that the accused knew that the other person engaging in the sexual act had not attained the age of twelve years. ``(c) Any person subject to this chapter who knowingly-- ``(1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); or ``(2) engages in a sexual act with another person if that other person is-- ``(A) incapable of appraising the nature of the conduct; or ``(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; is guilty of sexual abuse and shall be punished as a court-martial may direct. ``(d)(1) Any person subject to this chapter who knowingly engages in a sexual act with another person who-- ``(A) has attained the age of twelve years but has not attained the age of sixteen years; and ``(B) is not that person's spouse; is guilty of sexual abuse of a minor and shall be punished as a court- martial may direct. ``(2) In a prosecution under this subsection, it need not be proven that the accused knew the age of the other person engaging in the sexual act. ``(3) In a prosecution under this subsection, it is an affirmative defense that the accused reasonably believed that the other person had attained the age of sixteen years. The accused has the burden of proving a defense under this paragraph by a preponderance of the evidence. ``(e) Any person subject to this chapter who knowingly engages in a sexual act with another person who is-- ``(1) in official detention or confinement; ``(2) under the custodial, supervisory, or disciplinary authority of the person so engaging; and ``(3) is not that person's spouse; is guilty of sexual abuse of a prisoner and shall be punished as a court-martial may direct. ``(f) In this section, the term `sexual act' means-- ``(1) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; ``(2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; ``(3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or ``(4) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of sixteen years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.''. (b) Conforming Amendments.--(1) Paragraph (4) of section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended by striking ``rape,'' and inserting ``aggravated sexual abuse, aggravated sexual abuse of a child,''. (2) Subsection (b)(2)(B)(i) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), is amended by striking ``Rape or carnal knowledge'' and inserting ``Aggravated sexual abuse of a child or sexual abuse of a minor''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 47 of title 10, United States Code, is amended by striking the item relating to section 920 and inserting the following new item: ``920. Art. 120. Sexual abuse.''. (d) Effective Date.--The amendments made by this section shall take effect 6 months after the date of the enactment of this Act and apply with respect to offenses committed after such effective date. (e) Interim Maximum Punishments.--Until the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under section 920 of such title (article 120 of the Uniform Code of Military Justice), as amended by this section, may not exceed the following limits: (1) For aggravated sexual abuse or aggravated sexual abuse of a child, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole. (2) For sexual abuse or sexual abuse of a minor, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for twenty years. (3) For sexual abuse of a prisoner, such punishment may not exceed bad-conduct discharge, forfeiture of all pay and allowances, and confinement for one year. (f) No Preemption.--The prosecution or punishment of an accused for an offense under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), as amended by this section, does not preclude the prosecution or punishment of that accused for any other offense.

Summary: Military Sexual Assault Crimes Revision Act of 2004 - Amends the Uniform Code of Military Justice to define as the crime of aggravated sexual abuse engaging in a sexual act: (1) through the use of force; (2) by threatening or placing a person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (3) by rendering another person unconscious; (4) by administering to another person an impairing drug or intoxicant; or (5) with a person under 12 years of age whether or not the accused knew the person's age. Defines as the crime of sexual abuse engaging in a sexual act: (1) by threatening or placing a person in fear (other than in a manner that would constitute aggravated sexual abuse); (2) with a person who is incapable of either appraising the nature of the conduct or physically incapable of declining; or (3) with a person who is at least 12 but under 16 who is not the spouse of the accused whether or not the accused knew the person's age. Establishes as an affirmative defense the accused's reasonable belief that the person was at least 16. Defines sexual abuse of a prisoner as knowingly engaging in a sexual act with a person who is: (1) in official detention or confinement; (2) under the custodial, supervisory, or disciplinary authority of the accused; and (3) is not the accused's spouse. Makes the above crimes punishable by court-martial and sets forth interim maximum punishments for each.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethanol Stimulus Act of 2006''. SEC. 2. ETHANOL PRODUCTION TAX INCENTIVES IN HIGH-CONSUMPTION, LOW- PRODUCTION STATES. (a) In General.--Section 40(b)(4) of the Internal Revenue Code of 1986 (relating to small ethanol producer credit) is amended by adding at the end the following new subparagraph: ``(E) Credit for ethanol production in two-two states.-- ``(i) In general.--In the case of qualified ethanol production by any eligible small ethanol producer in all eligible ethanol production facilities of such producer-- ``(I) subparagraph (A) shall be applied by substituting `20 cents' for `10 cents', and ``(II) subparagraph (C) shall be applied by substituting `50,000,000 gallons' for `15,000,000 gallons'. ``(ii) 5-year per facility limitation on credit amount.--With respect to each eligible ethanol production facility, the credit determined under this section by reason of this subparagraph shall apply to production from such facility for the period-- ``(I) beginning with the taxable year during which production from such facility begins, and ``(II) ending on the last day of the fourth taxable year following the taxable year described in subclause (I). ``(iii) Eligible ethanol production facility.--For purposes of this subparagraph, the term `eligible ethanol production facility' means any ethanol production facility the original use of which commences with the taxpayer and-- ``(I) which is acquired by purchase (as defined in section 179(d)(2)) by the taxpayer after August 8, 2005, and before August 9, 2010, but only if no written binding contract for the acquisition was in effect before August 9, 2005, ``(II) which is acquired by the taxpayer pursuant to a written binding contract which was entered into after August 8, 2005, and before August 9, 2010, or ``(III) in the case of a taxpayer constructing property for the taxpayer's own use, the construction of which begins after August 8, 2005, and before August 9, 2010, in a State which is a two-two State on the date of such purchase under subclause (I), of such written binding contract under subclause (II), or the beginning of such construction under subclause (III). ``(iv) Two-two state.--For purposes of this subparagraph, the term `two-two State' means for any period any State (as determined by the Energy Information Administration) within which-- ``(I) is consumed more than 2 percent of the aggregate amount of gasoline consumed in all States during such period, and ``(II) is produced less than 2 percent of the aggregate amount of ethanol produced in all States during such period.''. (b) Eligible Small Ethanol Producer.--Section 40(g)(1) of the Internal Revenue Code of 1986 (defining eligible small ethanol producer) is amended by inserting ``(150,000,000 gallons in the case of such productive capacity in all two-two States (as defined in subsection (b)(4)(E)(iv))'' after ``60,000,000 gallons''. (c) Conforming Amendment.--Section 40(g)(2) of the Internal Revenue Code of 1986 is amended by striking ``For purposes of the 15,000,000 gallon limitation under subsection (b)(4)(C) and the 60,000,000 gallon limitation under paragraph (1)'' and inserting ``For purposes of each gallon limitation under subsection (b)(4) and paragraph (1)''. (d) Effective Date.--The amendments made by this section shall apply to ethanol produced in taxable years ending after the date of the enactment of this Act.

Summary: Ethanol Stimulus Act of 2006 - Amends the Internal Revenue Code to provide for an increased small ethanol producer tax credit for ethanol production in states which have a gasoline consumption rate of more than 2% of aggregate nationwide consumption and which produce less than 2% of the aggregate nationwide amount of ethanol (two-two states).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Asbestos Management Incentive Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Although asbestos is hazardous, the risk of asbestos- related disease depends upon exposure to airborne asbestos fibers. (2) Data available to the Environmental Protection Agency suggest that average airborne asbestos levels in buildings are very low. Accordingly, the health risk to most building occupants also appears to be very low. (3) The Environmental Protection Agency has estimated that only 20 percent of all buildings (including public and commercial buildings, residential apartment buildings of 10 units or more, and Federal buildings) contain friable asbestos- containing material. (4) The Environmental Protection Agency has found that removal of asbestos is often not the best course of action to reduce asbestos exposure. In fact, by releasing asbestos- containing material fibers into the air, an improper or unnecessary removal can create a dangerous situation where none previously existed and could result in a net increase in human exposures and risks. (5) The Environmental Protection Agency requires asbestos removal only to prevent significant public exposure to airborne asbestos fibers during building demolition or renovation activities. (6) Many lending institutions require the removal of asbestos, regardless of its condition, from commercial buildings before approving loans secured by those buildings because of the potential liability for the health of the occupants or property damages for failure to remove the asbestos. (7) The Environmental Protection Agency recommends a pro- active, in-place management program whenever intact asbestos- containing material is discovered. (8) The American Medical Association's Council on Scientific Affairs has stated that ``it is better that society use its limited financial resources in learning how to live safely with [asbestos] than in attempting to remove it totally from the environment.'' (9) The September 1991 report of the Health Effects Institute's Asbestos Literature Review Panel stated that ``there does not appear to be sufficient risk to the health of general occupants to justify arbitrarily removing intact asbestos-containing material from well-maintained buildings''. The report also acknowledged that ``because custodial and maintenance workers may be transiently exposed to higher levels of asbestos, their added life-time risk of cancer may be appreciably higher.'' SEC. 3. EFFECT OF ASBESTOS INSPECTION ON LENDING INSTITUTIONS. (a) Liability Immunity.--A lending institution that makes a loan or other extension of credit secured by a mortgage or other lien on a commercial building shall not be liable, from the time the loan or other extension of credit is made until it is renegotiated or a superseding loan or other extension of credit is made, under any Federal, State, or local law to any person for injuries, costs, damages, expenses, loss, or other obligation (including claims for indemnification or contribution and claims by third parties for death, personal injury, illness or loss of or damage to property or economic loss) which results from the presence of asbestos-containing material in the building in any case in which-- (1) the building was constructed during the 5-year period ending on the date that the loan or other extension of credit is made, and the building's construction manager certifies that the building contains no asbestos-containing material; or (2) the building-- (A) is one for which an asbestos inspection was conducted in accordance with section 6 after January 1, 1989, and during the 5-year period ending on the date that the loan or other extension of credit is made (as demonstrated by appropriate documentation); (B) has not been significantly rebuilt or renovated in the area that contains asbestos-containing material since that inspection was completed; (C) is one in which that portion of asbestos- containing material which the management planner recommended for removal has been removed in accordance with the Occupational Safety and Health Act and the regulations promulgated pursuant to section 7(a); and (D) is one in which an operations and maintenance program is currently being conducted in accordance with section 8 and the regulations promulgated pursuant to section 7(a) for remaining asbestos-containing materials which the management planner recommended be handled in place. (b) Limitation.--The immunity from liability provided in subsection (a) shall not apply if-- (1) the lending institution requires removal of asbestos- containing material that the management planner has recommended be handled in place; or (2) the lending institution requires an asbestos inspection of the building despite the fact that-- (A) the loan applicant demonstrates, with appropriate documentation, that the conditions in subsection (a)(1) or (a)(2) have been satisfied; or (B) the loan applicant demonstrates, with appropriate documentation, that all asbestos-containing material has been removed from the building. (c) Exclusion.--The immunity from liability provided in subsection (a) shall not apply to a subsidiary of a lending institution in any case in which the lending institution makes a loan or other extension of credit secured by a mortgage or other lien on a commercial building, and the subsidiary is the person to which the loan or other extension of credit is made. For purposes of this subsection, the term ``subsidiary'' means any company that is owned or controlled, directly or indirectly, by a lending institution. (d) Effective Date.--This section shall take effect upon the promulgation of regulations by the Administrator of the Environmental Protection Agency pursuant to section 7(a). SEC. 4. LIABILITY IN THE EVENT OF FORECLOSURE. In the case of a lending institution that is immune from liability with respect to a commercial building under section 3 and acquires title to such building through foreclosure or other exercise of rights under a security interest, the immunity from liability shall continue in effect so long as the lending institution maintains the operations and maintenance program for the building in accordance with the regulations promulgated pursuant to section 7(a), the Environmental Protection Agency asbestos guidance documents, and this Act. SEC. 5. CONSTRUCTION OF ACT. The requirement by a lending institution that a loan applicant conduct an asbestos inspection in accordance with this Act of a building to be secured by a loan, and the conducting of an operations and maintenance program in the building after foreclosure or other exercise of rights under a security interest, shall not be construed as participation in the management of the building by the lending institution and shall be considered to be an activity carried out by the lending institution solely to protect the institution's security interest. SEC. 6. ASBESTOS INSPECTION REQUIREMENTS. (a) In General.--For purposes of this Act, an asbestos inspection of a commercial building, if the loan applicant chooses to obtain one, shall be conducted by a qualified management planner for the purpose of determining whether asbestos-containing material is present in the building. If an inspection reveals the presence of asbestos-containing material, the management planner shall recommend specific response actions for each individual area of the building where such material is found. The recommendations shall be made in accordance with the regulations promulgated pursuant to section 7(a) and with the Environmental Protection Agency asbestos guidance documents. (b) Management Planner Qualifications.--For purposes of this Act, a qualified management planner is a person who meets all of the following requirements: (1) The person must be accredited, pursuant to title II of the Toxic Substances Control Act, as an inspector and management planner for asbestos-containing material in a public or commercial building. (2) The person must not own or control or be under the control of (A) any entity which carries out response actions for asbestos-containing material from buildings, (B) any owner or manager of the building being inspected, or (C) any lending institution making a loan or other extension of credit secured by a mortgage or other lien on the building being inspected. For purposes of this paragraph, a person controls an entity if the person, directly or indirectly, owns any amount of the voting stock or other type of ownership interest in the entity. (c) Accreditation of Management Planners for Public and Commercial Buildings.--Section 206 of the Toxic Substances Control Act (15 U.S.C. 2646) is amended as follows: (1) Paragraph (2) of subsection (a) is amended by inserting before the comma the following: ``or for a public or commercial building''. (2) Clause (ii) of subsection (a)(1)(A) is amended by inserting before the period the following: ``or for public or commercial buildings''. SEC. 7. ENVIRONMENTAL PROTECTION AGENCY REQUIREMENTS. (a) Asbestos Inspection and Management Standards for Public and Commercial Buildings.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate regulations governing the inspection and management of asbestos in public and commercial buildings for purposes of this Act only. The regulations shall include-- (1) detailed guidelines for management planners to determine whether asbestos-containing material should be removed or managed in place in a public or commercial building; (2) appropriate practices for conducting operations and maintenance programs in public or commercial buildings in which asbestos-containing material is managed in place; and (3) standards, applicable to persons complying with section 8(1), for periodic surveillance of asbestos-containing material that is managed in place in commercial buildings, including standards for the training of maintenance and custodial staff working in such buildings that are equivalent to the standards for the training of maintenance and custodial staff of local educational agencies under title II of the Toxic Substances Control Act. (b) Revision of Environmental Protection Agency Asbestos Guidance Documents.--The Administrator of the Environmental Protection Agency shall periodically update, revise, and republish the Environmental Protection Agency asbestos guidance documents. SEC. 8. OPERATION AND MAINTENANCE REQUIREMENTS. For purposes of section 3(a)(2)(D), the following requirements must be met after an asbestos inspection of the building concerned is conducted: (1) The owner or operator shall ensure that the remaining asbestos-containing material is visually inspected, not less frequently than every 6 months, by a member of the maintenance or custodial staff, or another person, who has undergone training in accordance with the standards contained in the regulations promulgated pursuant to section 7(a)(4). (2) All remaining accessible asbestos-containing material in public and maintenance areas of the building, including asbestos in thermal system insulation and spray-on and trowelled-on asbestos-containing material but excluding intact vinyl floor tile and ceiling tile in public areas, shall be prominently labeled. The owner or operator shall ensure that access to any remaining asbestos-containing material located in inaccessible areas, such as in spaces between floors or walls of the building, is permitted only to persons who have been notified of the presence of the asbestos-containing material. (3) After the inspection referred to in section 3(a)(2)(A), a report on the inspection shall be kept on file in the building. Such report shall include an accounting of remaining asbestos-containing material, any such material recommended for removal, and any removal that has taken place since the previous inspection. Such report shall be available in the building, in the administrative offices or other appropriate place for inspection by tenants and employees in the building, maintenance workers of the building, and building contractors. The inspection report shall be updated after each subsequent inspection pursuant to paragraph (1) and after any change in condition of asbestos-containing material being managed in place. (4) After each inspection pursuant to paragraph (1), the owner of the building shall notify maintenance workers of the building, either in writing or by posting notice, that an inspection has occurred and that an inspection report is available for inspection. SEC. 9. RELATIONSHIP TO OTHER LAW. (a) Clean Air Act.--Nothing in this Act shall be construed or interpreted to preempt, supersede, or otherwise affect any requirement to remove asbestos from a building pursuant to section 112 of the Clean Air Act (42 U.S.C. 7412), as implemented through regulations known as the national emission standards for hazardous air pollutants (40 C.F.R. 61). (b) Limited Requirements.--Nothing in this Act shall be construed or interpreted as a general requirement for inspections or operations and maintenance programs in public and commercial buildings. The requirements of sections 6, 7, and 8 are established solely to enable lending institutions to satisfy the conditions of this Act for purposes of obtaining immunity from liability under section 3. SEC. 10. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) The term ``asbestos-containing material'' has the meaning given that term by section 202(4) of the Toxic Substances Control Act (15 U.S.C. 2642(4)). (2) The term ``commercial building'' means any building that is not a publicly owned building and that is not a school building as defined in section 202(13) of the Toxic Substances Control Act, except that such term does not include any residential building of fewer than 10 units that is not part of a complex of other residential buildings under common ownership. (3) The term ``EPA asbestos guidance documents'' means-- (A) the most current version of the publication of the Environmental Protection Agency titled ``Guidance for Controlling Asbestos-Containing Materials in Buildings'' (also known as the ``Purple Book''); (B) the most current version of the publication of the Environmental Protection Agency titled ``Managing Asbestos in Place'' (also known as the ``Green Book''); and (C) any other publication of the Environmental Protection Agency, including any guidance documents published pursuant to section 7(a), published for the purpose of enabling building owners to select and apply appropriate asbestos control and abatement actions in their buildings. (4) The term ``lending institution'' means (A) a bank, savings and loan association, credit union, or similar institution insured by, or subject to the supervision, approval, or regulation of, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Office of Thrift Supervision, or the National Credit Union Administration; (B) any other person, including an insurance company, that makes direct loans or other extensions of credit secured by mortgages or other liens on commercial buildings; (C) any Federal agency to the extent the agency makes direct loans or other extensions of credit secured by mortgages or other liens on commercial buildings; and (D) the Federal Deposit Insurance Corporation, the National Credit Union Administrator Board, and the Resolution Trust Corporation, in such corporation's or Board's capability as conservator, receiver, or liquidating agency for any insured depository institution (as that term is defined in section 3 of the Federal Deposit Insurance Act). The term does not include any institution or Federal agency engaged primarily in the purchase of mortgage loans. (5) The term ``mortgage'' means a lien as is commonly given to secure advances on, or the unpaid purchase price of, a commercial building (and related real estate) under the laws of the State in which the building is located, together with the credit instrument, if any, secured thereby. The term includes second mortgages and other subsequent liens on a commercial building given to secure advances or loans. (6) The term ``response action'' has the meaning given that term by section 202(11) of the Toxic Substances Control Act (15 U.S.C. 2642(11)). HR 1000 IH----2

Summary: Asbestos Management Incentive Act - Absolves lending institutions that make loans or credit secured by liens on commercial buildings from liability resulting from asbestos material in any case in which the building was constructed during the five-year period ending on the date that the loan was made and the building's construction manager certifies that the building contains no asbestos-containing material, or in the case of any building: (1) for which an asbestos inspection was conducted after January 1, 1989, and during such five-year period; (2) that has not been significantly rebuilt in the area that contains such material since that inspection was completed; (3) for which that portion of material recommended for removal has been removed; and (4) for which an operations and maintenance program is currently being conducted. Bars immunity from liability if the lending institution requires: (1) removal of material that the management planner has recommended be handled in place; or (2) an asbestos inspection of the building despite the fact that the loan applicant demonstrates that certain conditions have been satisfied or that all such material has been removed. Makes immunity inapplicable to a subsidiary of a lending institution if the subsidiary is the person to whom the loan is made. Continues liability for institutions that acquire title to a building through foreclosure as long as the institution maintains an operation and maintenance program. Sets forth requirements for asbestos inspections and management planner qualifications. Amends the Toxic Substances Control Act to prohibit persons from preparing asbestos management plans for public or commercial buildings unless they are accredited. Directs the Administrator of the Environmental Protection Agency to: (1) promulgate regulations governing the inspection and management of asbestos in public and commercial buildings; and (2) update and revise asbestos guidance documents periodically. Requires, after an asbestos inspection: (1) the remaining asbestos-containing material to be visually inspected every six months; (2) all remaining material in public and maintenance areas of the building to be prominently labeled; and (3) a report to be completed and made available to maintenance workers.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tobacco Sales to Youth Act of 2015''. SEC. 2. FINDINGS. The Congress finds the following: (1) Tobacco products cause numerous serious diseases, including cancer, heart disease, and respiratory disease, and they contain nicotine, a highly addictive substance. (2) According to the Surgeon General of the United States, adolescents are particularly vulnerable to the adverse effects of nicotine, and adolescent exposure to nicotine may have lasting adverse consequences for brain development. (3) Youth use of electronic cigarettes and hookah (water pipe) has risen according to the National Youth Tobacco Survey released by the Centers for Disease Control and Prevention, and the Food and Drug Administration, in April 2015. (4) Current use of electronic cigarettes among high school students tripled from 4.5 percent in 2013 to 13.4 percent in 2014 (compared to 1.5 percent in 2011); approximately 2,000,000 high school students currently use these products. (5) Current use of electronic cigarettes among middle school students tripled from 1.1 percent in 2013 to 3.9 percent in 2014; approximately 450,000 middle school students currently use these products. (6) Current use of hookah among high school students increased from 4.1 percent in 2011 to 9.4 percent in 2014. (7) Current use of cigars among high school students was 8.2 percent in 2014 (1,200,000 students). Current use of cigars among high school boys was 10.8 percent, about the same rate at which they smoke cigarettes (10.6 percent). (8) The sale of electronic cigarettes, cigars, hookah, and other tobacco products over the Internet, and through mail, fax, or phone orders, makes it cheaper and easier for children to obtain these products. (9) Electronic cigarettes are being marketed in ways that appeal to youth, in the form of advertising using images that appeal to youth, advertisements on television and the Internet, and sponsorships of events popular with youth, such as concerts and sporting events. (10) According to a study published in March 2015 in the Journal of the American Medical Association Pediatrics, 93.7 percent of youth participating in a study of Internet electronic cigarette sales successfully purchased electronic cigarettes because the Web sites lacked adequate age- verification methods. SEC. 3. AMENDMENTS. Section 1 of the Act of October 19, 1949 (15 U.S.C. 375); commonly referred to as the ``Jenkins Act''), is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) in clause (i) by striking ``and'' at the end, (ii) in clause (ii) by striking the period at the end and inserting ``; and'', and (iii) by adding at the end the following: ``(iii) includes electronic cigarettes.'', and (B) in subparagraph (B)-- (i) in the heading by striking ``Exception'' and inserting ``Inclusions'', (ii) by striking ``does not include'' and inserting ``includes'', and (iii) by inserting ``and pipe tobacco (as defined in section 5702 of the Internal Revenue Code of 1986)'' before the period at the end, and (2) by inserting after paragraph (6) the following: ``(6A) Electronic cigarette.--The term `electronic cigarette' means any electronic device that delivers nicotine, flavor, or other substance via an aerosolized solution (including an electronic cigarette, cigar, pipe, or hookah) to the user inhaling from the device (including any component, liquid, part, or accessory of such a device whether or not sold separately) but excludes product that-- ``(A) is approved by the Food and Drug Administration for sale as a tobacco cessation product or for another therapeutic purpose; and ``(B) is marketed and sold solely for a purpose approved as described in subparagraph (A).''. SEC. 4. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL MATTERS. (a) In General.--Nothing in this Act or the amendments made by this Act shall be construed to amend, modify, or otherwise affect-- (1) any agreements, compacts, or other intergovernmental arrangements between any State or local government and any government of an Indian tribe (as that term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))) relating to the collection of taxes on cigarettes or smokeless tobacco sold in Indian country; (2) any State laws that authorize or otherwise pertain to any such intergovernmental arrangements or create special rules or procedures for the collection of State, local, or tribal taxes on cigarettes or smokeless tobacco sold in Indian country; (3) any limitations under Federal or State law, including Federal common law and treaties, on State, local, and tribal tax and regulatory authority with respect to the sale, use, or distribution of cigarettes and smokeless tobacco by or to Indian tribes, tribal members, tribal enterprises, or in Indian country; (4) any Federal law, including Federal common law and treaties, regarding State jurisdiction, or lack thereof, over any tribe, tribal members, tribal enterprises, tribal reservations, or other lands held by the United States in trust for one or more Indian tribes; or (5) any State or local government authority to bring enforcement actions against persons located in Indian country. (b) Coordination of Law Enforcement.--Nothing in this Act or the amendments made by this Act shall be construed to inhibit or otherwise affect any coordinated law enforcement effort by one or more States or other jurisdictions, including Indian tribes, through interstate compact or otherwise, that-- (1) provides for the administration of tobacco product laws or laws pertaining to interstate sales or other sales of tobacco products; (2) provides for the seizure of tobacco products or other property related to a violation of such laws; or (3) establishes cooperative programs for the administration of such laws. (c) Treatment of State and Local Governments.--Nothing in this Act or the amendments made by this Act shall be construed to authorize, deputize, or commission States or local governments as instrumentalities of the United States. (d) Enforcement Within Indian Country.--Nothing in this Act or the amendments made by this Act shall prohibit, limit, or restrict enforcement by the Attorney General of the United States of this Act or an amendment made by this Act within Indian country. (e) Ambiguity.--Any ambiguity between the language of this section or its application and any other provision of this Act shall be resolved in favor of this section. (f) Definitions.--In this section-- (1) the term ``Indian country'' has the meaning given that term in section 1 of the Act of October 19, 1949 (15 U.S.C. 375; commonly referred to as the ``Jenkins Act''), as amended by this Act; and (2) the term ``tribal enterprise'' means any business enterprise, regardless of whether incorporated or unincorporated under Federal or tribal law, of an Indian tribe or group of Indian tribes. SEC. 5. SEVERABILITY. If any provision of this Act, or any amendment made by this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act and the application of the Act to any other person or circumstance shall not be affected thereby. SEC. 6. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect 90 days after the date of the enactment of this Act.

Summary: Stop Tobacco Sales to Youth Act of 2015 Amends the Jenkins Act to include within the definition of "cigarette" electronic cigarettes, cigars, and pipe tobacco. Defines "electronic cigarette" to mean any electronic device that delivers nicotine, flavor, or other substance via an aerosolized solution (including an electronic cigarette, cigar, pipe, or hookah) to the user inhaling from the device, excluding any product that: (1) is approved by the Food and Drug Administration for sale as a tobacco cessation product or for another therapeutic purpose, and (2) is marketed and sold solely for such a therapeutic purpose. Makes specified exceptions with respect to Indian tribes and tribal matters.


SECTION 1. INFORMATION MADE AVAILABLE IN ELECTRONIC FORMAT AND INDEXATION OF RECORDS. Section 552(a)(2) of title 5, United States Code, is amended-- (1) in the second sentence, by striking out ``or staff manual or instruction'' and inserting ``staff manual, instruction, or copies of records referred to in subparagraph (D)''; (2) by inserting before the period at the end of the 3rd sentence the following: ``, and the extent of such deletion shall be indicated on the portion of the record which is made available or published''; (3) by inserting after the 3rd sentence the following: ``If technically feasible, the extent of the deletion shall be indicated at the place in the record where the deletion was made.''; (4) in subparagraph (B), by striking ``and'' after the semicolon; (5) by inserting after subparagraph (C) the following: ``(D) copies of all records, regardless of form or format, which have been released to any person under paragraph (3) and which, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records; and ``(E) a general index of the records referred to under subparagraph (D);''; (6) by inserting after the 5th sentence the following: ``Each agency shall make the index referred to in subparagraph (E) available by electronic means by December 31, 1999.''; and (7) by inserting after the 1st sentence the following: ``For records created on or after November 1, 1996, within one year after such date, each agency shall make such records available by computer telecommunications or, if computer telecommunications means have not been established by the agency, by other electronic means.''. SEC. 2. REPORT TO THE CONGRESS. Section 552(e) of title 5, United States Code, is amended to read as follows: ``(e)(1) On or before February 1 of each year, each agency shall submit to the Attorney General a report which shall cover the preceding fiscal year and which shall include-- ``(A) the number of determinations made by the agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each such determination; ``(B)(i) the number of appeals made by persons under subsection (a)(6), the result of such appeals, and the reason for the action upon each appeal that results in a denial of information; and ``(ii) a complete list of all statutes that the agency relies upon to authorize the agency to withhold information under subsection (b)(3), a description of whether a court has upheld the decision of the agency to withhold information under each such statute, and a concise description of the scope of any information withheld; ``(C) the number of requests for records pending before the agency as of September 30 of the preceding year, and the median number of days that such requests had been pending before the agency as of that date; ``(D) the number of requests for records received by the agency and the number of requests which the agency processed; ``(E) the median number of days taken by the agency to process different types of requests; ``(F) the total amount of fees collected by the agency for processing requests; ``(G) the average amount of time that the agency estimates as necessary, based on the past experience of the agency, to comply with different types of requests; and ``(H) the number of full-time staff of the agency devoted to processing requests for records under this section, and the total amount expended by the agency for processing such requests. ``(2) Each agency shall make each such report available to the public through a computer network, or if computer network means have not been established by the agency, by other electronic means. ``(3) The Attorney General shall make each report which has been made available by electronic means available at a single electronic access point. The Attorney General shall notify the Chairman and ranking minority member of the Committee on Government Reform and Oversight of the House of Representatives and the Chairman and ranking minority member of the Committees on Governmental Affairs and the Judiciary of the Senate, no later than April 1 of the year in which each such report is issued, that such reports are available by electronic means. ``(4) The Attorney General, in consultation with the Director of the Office of Management and Budget, shall develop reporting and performance guidelines in connection with reports required by this subsection by October 1, 1997, and may establish additional requirements for such reports as the Attorney General determines may be useful. ``(5) The Attorney General shall submit an annual report on or before April 1 of each calendar year which shall include for the prior calendar year a listing of the number of cases arising under this section, the exemption involved in each case, the disposition of such case, and the cost, fees, and penalties assessed under subparagraphs (E), (F), and (G) of subsection (a)(4). Such report shall also include a description of the efforts undertaken by the Department of Justice to encourage agency compliance with this section.''.

Summary: Amends the Freedom of Information Act to require each Federal agency to make available for public inspection and copying: (1) copies of all records, regardless of form or format, which have become or are likely to become the subject of subsequent requests; (2) a general index of such records, which shall be made available electronically by December 31, 1999; and (3) within one year after November 1, 1996, by computer telecommunications or other electronic means, those records created on or after November 1, 1996. Revises reporting requirements concerning such provisions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Derivatives Supervisory Improvement Act of 1998''. SEC. 2. FINDINGS. The Congress finds as follows: (1) There should be consistency, coordination, and clarity in the regulation of derivative instruments used by financial institutions. (2) Banks and their affiliates developed, and remain the principal participants in, the derivatives markets. (3) Regulation of the derivatives markets directly affects the liquidity, efficiency, capital position, and safety and soundness of the banking industry and the safety and soundness of the Federal deposit insurance fund. (4) Regulation of the derivatives markets has profound consequences for the continued effectiveness of the bank supervisory process, including the capital provisions of the Federal banking agencies. (5) Statutes and regulations governing use of financial derivatives by depository institutions in the United States, including over-the-counter and exchange-traded derivatives, should be brought up to date to reflect the rapid evolution of the markets in recent years, framed so as to keep pace with changes in the markets brought on by the onrush of technological advances, and formulated in a manner that enhances the legal certainty of derivatives transactions. (6) The Congress desires interagency cooperation to harmonize, to the maximum extent possible, United States rules and regulations related to the derivatives markets. (7) Regulatory arbitrage is a fact of commerce, with market participants having the tendency to move to the weakest regulator. (8) The stability of the international financial system and the competitive position of United States financial institutions are jeopardized if foreign markets are regulated less prudently than United States markets. SEC. 3. ESTABLISHMENT OF WORKING GROUP ON FINANCIAL DERIVATIVES. (a) Establishment; Composition.--There is established the Working Group on Financial Derivatives, which shall consist of-- (1) the Secretary of the Treasury; (2) the Chairman of the Board of Governors of the Federal Reserve System; (3) the Chairman of the Securities and Exchange Commission; (4) the Chairman of the Commodity Futures Trading Commission; (5) the Comptroller of the Currency; (6) the Director of the Office of Thrift Supervision; (7) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; and (8) the President of the Federal Reserve Bank of New York. (b) Chairmanship.--The Chairman of the Working Group on Financial Derivatives shall be the Secretary of the Treasury. (c) Designation of Officers and Employees.--The members of the Working Group on Financial Derivatives may, from time to time, designate other officers or employees of their respective agencies to assist in carrying out the duties on the Working Group on Financial Derivatives. (d) Establishment of Advisory Committees.--In the development of recommendations related to derivative products, the Working Group on Financial Derivatives shall consult, to the widest extent possible, with market participants, and may establish advisory committees accordingly. (e) Sunset; Reports.--The Working Group on Financial Derivatives shall cease to exist upon the enactment of legislation authorizing appropriations for the Commodity Futures Trading Commission for any fiscal year after fiscal year 2000. The Secretary of the Treasury and the Chairman of the Board of Governors of the Federal Reserve System shall submit to the Congress every 6 months, during the 4-year period beginning on the date of such cessation, a report on the progress of the implementation of the recommendations of the Working Group on Financial Derivatives. SEC. 4. STUDY AND RECOMMENDATIONS ON REGULATION OF DERIVATIVES MARKETS. (a) Study.--The Working Group on Financial Derivatives established under section 2-- (1) shall conduct a study on the regulation of the derivatives markets, including over-the-counter derivatives and exchange-traded derivatives, in which depository institutions, brokers or dealers registered under the Securities and Exchange Act of 1934, foreign banks, or affiliates of a depository institution or a foreign bank, participate; and (2) shall develop recommendations for modernizing and harmonizing statutes, regulations, and policies-- (A) to reflect changes in the markets described in paragraph (1); (B) to improve their operations; (C) to enhance legal certainty for all types of instruments related to such markets, including hybrid instruments and swap agreements; and (D) to promote the harmonization of regulation of such markets worldwide. (b) Reports.-- (1) Interim report.--Not later than 6 months after the date of the enactment of this Act, the Working Group on Financial Derivatives established under section 2 shall submit an interim report to the Congress describing the working group's progress. (2) Final report.--Not later than 1 year after the date of the enactment of this Act, the Working Group on Financial Derivatives established under section 2 shall submit a final report to the Congress describing the study conducted under subsection (a)(1) and containing the recommendations developed under subsection (a)(2). (3) Separate views.--The reports under paragraph (1) and (2) may include separately stated views of any member of the working group. SEC. 5. PROTECTION OF INTERNATIONAL BANKING SYSTEM. To protect customers, stabilize the international financial system, and underpin the safety and soundness of banking institutions in the United States and the banking system around the world, the Government of the United States and the Working Group on Financial Derivatives should make a high priority continual negotiations to ensure that foreign markets and regulatory bodies establish and maintain regulations comparably prudent to those applicable in United States markets. SEC. 6. RESTRICTIONS RELATING TO HYBRID INSTRUMENTS AND SWAP AGREEMENTS. Notwithstanding any other provision of law-- (1) during the period beginning on the date of the enactment of this Act and ending upon the enactment of legislation authorizing appropriations for the Commodity Futures Trading Commission for any fiscal year after fiscal year 2000, the Commodity Futures Trading Commission may not, without the approval of the Secretary of the Treasury, propose or promulgate any rule, regulation, or order, or issue any interpretive or policy statement, that restricts or regulates activity in a hybrid instrument or swap agreement-- (A) that is eligible for exemption under part 34 or 35 of title 17, Code of Federal Regulations (as in effect on January 1, 1998); and (B) to which a depository institution, a broker or dealer registered under the Securities and Exchange Act of 1934, a foreign bank, or an affiliate of a depository institution or a foreign bank, is a party; and (2) a hybrid instrument or swap agreement described in paragraph (1) that is entered into before the period described in such paragraph shall not be subject to section 2(a)(1)(B)(v) of the Commodity Exchange Act (7 U.S.C. 2a(a)(1)(B)(v)). SEC. 7. DEFINITIONS. For purposes of this Act: (1) The term ``depository institution'' has the meaning given such term in section 19(b)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(b)(1)(A)). (2) The term ``foreign bank'' has the meaning given such term in section 1(b)(7) of the International Banking Act of 1978 (12 U.S.C. 3101(b)(7)).

Summary: Financial Derivatives Supervisory Improvement Act of 1998 - Establishes the Working Group on Financial Derivatives to study and report to the Congress on: (1) the regulation of derivatives markets in which domestic and foreign depository institutions and registered brokers and dealers participate; and (2) any recommendations for modernizing and harmonizing statutes, regulations, and policies. Urges the Group to assign a high priority to continual negotiations to ensure that foreign markets and regulatory bodies establish and maintain regulations comparably prudent to those governing the U.S. markets. Prohibits the Commodity Futures Trading Commission, for a specified time period, without the Secretary of the Treasury's approval, from promulgating or proposing regulations, or issuing any interpretive or policy statements that regulate or restrict activity in certain hybrid instruments and swap agreements. Declares that any such hybrid instruments or swap agreements entered into before such period shall not be subject to the Commodity Exchange Act's restriction of futures contracts or exempted securities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermodal Equipment Safety and Responsibility Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) Promoting safety on our Nation's highways is a national priority. The Department of Transportation has promulgated the Federal Motor Carrier Safety Regulations to further this purpose. The systematic maintenance, repair, and inspection of equipment traveling in interstate commerce are an integral part of the safety regime. (2) Intermodal transportation plays a significant role in expanding our Nation's commerce. The Nation's economy depends heavily upon the ability to transport goods via the various modes of transportation. (3) Motor carriers and their drivers often receive trailers, chassis, containers and other pieces of intermodal equipment to be transported in interstate commerce. Motor carriers do not, however, possess the requisite level of control or authority over this intermodal equipment to perform the systematic maintenance, repair and inspection necessary to ensure compliance with the Federal Motor Carrier Safety Regulations and to ensure the safety of our Nation's highways. (4) As a result of roadside inspections, motor carriers and their drivers are cited and fined for violations of the Federal Motor Carrier Safety Regulations attributable to intermodal equipment that motor carriers and their drivers neither systematically maintain nor have the opportunity to systematically maintain. Additionally, violations of the Federal Motor Carrier Safety Regulations attributable to intermodal equipment are assigned to the motor carrier's safety record. Congress should exercise its power to ensure that only those parties who control the equipment, thus having the opportunity and authority to systematically maintain, repair and inspect intermodal equipment, assume responsibility for the safety of that equipment as it travels in interstate commerce. SEC. 3. DEFINITIONS. Section 5901 of title 49, United States Code, is amended by adding at the end the following: ``(9) Motor carrier.--The term `motor carrier' means a person providing motor vehicle transportation for compensation or a motor private carrier as that term is defined in chapter 131 of this title. ``(10) Equipment.--The term `equipment' means equipment commonly used in the road transport of intermodal freight, including trailers, chassis, containers and associated devices, and used as an instrumentality of foreign or interstate commerce. ``(11) Equipment interchange agreement.--The term `equipment interchange agreement' means a written document executed by an equipment controller or its agent and a motor carrier which establishes the responsibilities and liabilities of both parties as they relate to the interchange of the equipment. ``(12) Equipment controller.--The term `equipment controller' means any party with any legal right, title, or interest in the equipment, except that a motor carrier is not an equipment controller only because of providing or arranging for any part of the intermodal transportation of the equipment. In no instance shall a motor carrier who has not been contractually delegated responsibility for systematic maintenance and repair of equipment be considered a controller of that equipment. ``(13) Interchange.--The term `interchange' means the act of providing equipment to a motor carrier for the purpose of transporting the equipment for loading or unloading by any party or repositioning the equipment for the benefit of the equipment controller. Such term does not mean the leasing of equipment to a motor carrier for use in the motor carrier's over-the-road freight hauling operations. ``(14) Federal motor carrier safety regulations.--The term `Federal Motor Carrier Safety Regulations' means the regulations promulgated by the United States Department of Transportation governing the condition and maintenance of commercial motor vehicles as set forth in title 49 of the Code of Federal Regulations.''. SEC. 4. JURISDICTION OVER EQUIPMENT CONTROLLERS. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5910. Jurisdiction over equipment controller ``The authority of the Secretary of Transportation to prescribe regulations on commercial motor vehicle safety under section 31136 shall apply to controllers of equipment that is interchanged or intended to be interchanged.''. SEC. 5. EQUIPMENT CONTROLLER RESPONSIBILITY. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5911. Equipment inspection, repair, and maintenance ``(a) Notwithstanding any provision in an equipment interchange agreement to the contrary, an equipment controller shall be responsible and held liable for the systematic inspection, maintenance, and repair of equipment interchanged or intended for interchange. An equipment controller shall, each time prior to offering a motor carrier agent the equipment for interchange, inspect the equipment and provide such maintenance on, and make such repairs to, the equipment to ensure such equipment complies with all applicable Federal Motor Carrier Safety Regulations at all times. At no time shall a motor carrier agent be offered equipment that has not been inspected and repaired as necessary to comply with such regulations. ``(b) In the event that a repair to the equipment interchanged is required while in a motor carrier's possession in order to comply with the Federal Motor Carrier Safety Regulations, the equipment controller shall promptly reimburse the motor carrier for the actual expenses incurred and time spent by the motor carrier for the necessary repair. ``(c) The equipment controller shall not be liable under subsection (b) if the motor carrier's negligence or willful misconduct caused the condition requiring repair under subsection (b).''. SEC. 6. SAFETY COMPLIANCE. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5912. Compliance with safety regulations ``(a) Equipment Controller Liability.--Notwithstanding any provision in an equipment interchange agreement to the contrary, the equipment controller shall be liable for all violations of the Federal Motor Carrier Safety Regulations attributable to the controller's equipment and shall pay any applicable fines, penalties, and damages resulting from the equipment's violation of such regulations; except that the equipment controller shall not be liable for violations of such regulations attributable to the controller's equipment that are proximately caused by the motor carrier's or motor carrier's agent's negligence or willful misconduct. ``(b) Motor Carrier's Limited Liability.--Except as provided in subsection (a), a motor carrier and any motor carrier agent who receives equipment through interchange shall not be liable for any violation of the Federal Motor Carrier Safety Regulations attributable to that equipment. ``(c) Limitation on Effect.--No record or report of a violation of the Federal Motor Carrier Safety Regulations, whether issued by a Federal, State, or local law enforcement authority, attributable to equipment interchanged shall have any effect on a motor carrier's overall safety rating or safety status measurement system score, as determined by the Federal Motor Carrier Safety Administration, or on a motor carrier's agent's driving record unless such violation was proximately caused by the motor carrier's or motor carrier's agent's negligence or willful misconduct. ``(d) Procedure for Records Corrections.--The Secretary of Transportation shall establish, within 6 months of the date of enactment of this section, an expedited procedure to correct records or reports of violations that should not have impacted a motor carrier or a motor carrier agent under subsection (c).''. SEC. 7. AUTHORITY TO INSPECT. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5913. Authority to inspect ``(a) The Secretary of Transportation is authorized to enter into the facility of an equipment controller to inspect and determine if equipment intended to be interchanged for use on a public highway complies with all applicable Federal Motor Carrier Safety Regulations. ``(b) The Secretary shall establish and implement with appropriate staffing an inspection and audit program at facilities of equipment controllers to determine the compliance of equipment intended to be interchanged for use on a public highway with the Federal Motor Carrier Safety Regulations. Inspection of equipment and the equipment's corresponding maintenance records shall take place no less than once every 3 months. ``(c) Equipment that fails to comply with the Federal Motor Carrier Safety Regulations during the inspection in subsection (b) shall be placed out of service and shall not be used on a public highway until such time as repairs have been completed. Repairs of equipment placed out of service shall be documented in the equipment's corresponding maintenance records. ``(d) The Secretary may establish fines against equipment controllers for violations of section 5911.''. SEC. 8. PENALTIES FOR RETALIATION. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5914. Penalties for retaliation ``(a) An equipment controller shall not take any action to threaten, coerce, discipline, discriminate, or otherwise retaliate against a motor carrier or motor carrier agent who requests maintenance or repair of equipment intended for interchange in order to comply with the Federal Motor Carrier Safety Regulations. ``(b) For purposes of this section, `retaliation' shall include, but not be limited to, failing to provide compliant equipment within 60 minutes from the time an agent for a motor carrier that has been requested to pick up equipment arrives to pick up such equipment. ``(c) An equipment controller who violates subsection (a) shall be liable to the United States Government for a civil penalty of up to $10,000 for each violation.''. SEC. 9. DELEGATION OF MAINTENANCE RESPONSIBILITY. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5915. Maintenance responsibility ``An equipment controller is prohibited from delegating its responsibility to systematically maintain and repair equipment intended for interchange to a motor carrier or motor carrier agent in an equipment interchange agreement.''. SEC. 10. COMPATIBILITY OF STATE LAWS. (a) In General.--Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5916. Compatibility of State laws ``(a) Except as provided in subsection (b) and unless authorized by another law of the United States, a law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe is preempted if complying with a requirement of the State, political subdivision, or tribe and a requirement of this chapter or a regulation prescribed under this chapter is not possible. ``(b) A law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe shall remain in effect if compatible with this chapter or any regulations prescribed under this chapter but more stringent.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``5910. Jurisdiction over equipment controller. ``5911. Equipment inspection, repair, and maintenance. ``5912. Compliance with safety regulations. ``5913. Authority to inspect. ``5914. Penalties for retaliation. ``5915. Maintenance responsibility. ``5916. Compatibility of State laws.''. SEC. 11. IMPLEMENTING REGULATIONS. (a) Federal Regulations.--The Secretary of Transportation, after notice and opportunity for comment, shall issue regulations, as appropriate, implementing the provisions of this Act. The regulations shall be issued as part of the Federal Motor Carrier Safety Regulations. The implementing regulations shall include provisions to-- (1) identify controllers of equipment interchanged or intended for interchange; (2) match such equipment readily to its controller through a unique identifying number; (3) ensure that each equipment controller maintains a system of maintenance and repair records; (4) evaluate equipment controllers' compliance with the Federal Motor Carrier Safety Regulations; (5) prohibit equipment controllers who fail to attain satisfactory compliance with such regulations from authorizing the placement of equipment on the public highways; (6) consider the effect that adequate maintenance facilities may have on the resulting safe condition of equipment; (7) provide for a process by which motor carriers and agents may anonymously petition the Federal Motor Carrier Safety Administration to undertake an investigation of a noncompliant equipment controller; (8) establish administrative procedures to resolve disputes arising under this Act, including the amendments made by this Act; and (9) establish the inspection and audit program 5913(b) of title 49, United States Code. (b) Deadlines.--The regulations required under subsection (a) shall be developed pursuant to a rulemaking proceeding initiated within 120 days after the date of enactment of this Act and shall be issued not later than one year after such date of enactment. Effective on the date of enactment of this Act, and until such time as final regulations are issued, no motor carrier or motor carrier agent may be issued a citation for violations on equipment interchanged (as defined in section 5901 of title 49, United States Code) to them except by the provisions of this Act. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $7,000,000 for each of fiscal years 2004, 2005, 2006, 2007, and 2008 to the Federal Motor Carrier Safety Administration for the establishment and implementation of the inspection program under section 5913 of title 49, United States Code. SEC. 13. EFFECTIVE DATE. Sections 3, 4, 5, 6, 7, 8, 9, and 10 of this Act shall be effective 30 days after the date of enactment of this Act.

Summary: Intermodal Equipment Safety and Responsibility Act of 2003 - Subjects an equipment controller to liability for the systematic inspection, maintenance, and repair of equipment interchanged or intended for interchange. Requires an equipment controller: (1) prior to offering a motor carrier agent the equipment for interchange, to inspect the equipment and perform maintenance and repairs to the equipment to ensure that it complies with all applicable Federal Motor Carrier Safety Regulations; and (2) to promptly reimburse the motor carrier for actual expenses incurred and time spent by the motor carrier for any repair required to interchanged equipment to comply with the Regulations while in a motor carrier's possession. Makes an equipment controller liable for all violations of the Regulations attributable to the controller's equipment. Directs the controller to pay any applicable fines, penalties, and damages resulting from such violations, except for violations attributable to the controller's equipment that are proximately caused by the motor carrier's negligence or willful misconduct. Authorizes the Secretary of Transportation to conduct inspections. Prohibits an equipment controller from: (1) retaliating against a motor carrier who requests maintenance or repair of equipment intended for interchange to comply with the Regulations; and (2) delegating its responsibility to systematically maintain and repair equipment intended for interchange to a motor carrier in an equipment interchange agreement.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Shareholder Protection Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Corporations make significant political contributions and expenditures that directly or indirectly influence the election of candidates and support or oppose political causes. Decisions to use corporate funds for political contributions and expenditures are usually made by corporate boards and executives, rather than shareholders. (2) Corporations, acting through their boards and executives, are obligated to conduct business for the best interests of their owners, the shareholders. Corporate boards and executives that use corporation funds to support and oppose political candidates, parties, and causes in opposition to the interests of their shareholders are not acting for the best interests of the corporation. (3) Historically, shareholders have not had a way to know, or to influence, the political activities of corporations they own. Shareholders and the public have a right to know how corporations are spending their funds to make political contributions or expenditures benefitting candidates, political parties, and political causes. (4) Corporations should be accountable to their shareholders prior to making political contributions or expenditures affecting local, State or Federal governance and public policy. Requiring the express approval of a corporation's shareholders prior to making political contributions or expenditures will establish necessary accountability. SEC. 3. SHAREHOLDER APPROVAL OF CORPORATE POLITICAL ACTIVITY. The Securities Exchange Act of 1934 is amended by adding after section 14 the following new section: ``SEC. 14A. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES. ``(a) Affirmative Authorization.--No issuer may make any expenditure for political activities in excess of $10,000 in any fiscal year without first obtaining the written affirmative authorization for such expenditure by a majority of all shareholders. ``(b) Nature of Decisions.--A decision to make a contribution or expenditure for political activities in excess of $10,000 shall not be considered a routine matter of the corporation under rules and guidelines established by any national securities exchange or by the Commission. ``(c) Fiduciary Duty; Liability.--A violation of subsection (a) shall be considered a breach of a fiduciary duty of the officers and directors who authorized such an expenditure. The officers and directors who authorize such an expenditure without first obtaining such authorization of shareholders shall be jointly and severally liable in any action brought in any court of competent jurisdiction to any shareholder or class of shareholders for the amount of such expenditure. ``(d) Exemption for Certain Media.--The provisions of this section shall not apply to an issuer whose sole business is the publication or broadcasting of news, commentary, literature, music, entertainment, artistic expression, scientific, historical or academic works, or other forms of information. The Commission shall issue such guidance as it determines necessary or appropriate regarding the extent of the exemption provided by this subsection. ``(e) Definitions.--As used in this section the following definitions apply: ``(1) Affirmative authorization.--The term `affirmative authorization' means the full, free, and written consent of a shareholder, obtained without intimidation or fear of reprisal, and shall not include votes made by a broker or any other representative. ``(2) Issue advocacy campaign.--The term `issue advocacy campaign' means any expenditure for any communication to the general public intended to encourage the public to contact a State or Federal Government official regarding pending legislation, public policy or government rule or regulation, but does not include contributions or expenditures for registered lobbyists employed by the corporation to lobby State or Federal Government officials directly. ``(3) Majority of all shareholders.--The term `majority of all shareholders' means number of shareholders that combined own more than 50 percent of all outstanding shares. Shareholders not casting votes shall not count toward such a majority. ``(4) Expenditure for political activities.-- ``(A) The term `expenditure for political activities' means-- ``(i) expenditures in support of, or opposition to, any Federal, State, or local candidate; ``(ii) contributions to or expenditures in support of any political party, committee, electioneering communication, voter registration campaign, ballot measure campaign, or an issue advocacy campaign; and ``(iii) dues or other payments to trade associations or other tax exempt organizations that are, or could reasonably be anticipated to be, used for the purposes described in subparagraphs (A) and (B). ``(B) Such term shall not include-- ``(i) direct lobbying efforts through registered lobbyists employed or hired by the corporation; ``(ii) communications by a corporation to its stockholders and executive or administrative personnel and their families; ``(iii) nonpartisan registration and get- out-the-vote campaigns by a corporation aimed at its stockholders and executive or administrative personnel and their families; or ``(iv) the establishment, administration and solicitation of contributions to a separate segregated fund to be utilized for political purposes by a corporation.''. SEC. 4. REPORTING REQUIREMENTS. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(m) Reporting Requirements Relating to Certain Political Expenditures.-- ``(1) In general.--Not later than 180 days after the date of enactment of this subsection, the Commission shall modify its reporting rules under this section to require issuers to disclose quarterly any expenditure for political activities (as such term is defined in section 14A(e)(4)) made during the preceding quarter. Such a report shall be filed with the Commission and provided to shareholders and shall include-- ``(A) the date of the contributions or expenditures; ``(B) the amount of the contributions or expenditures; ``(C) the name or identity of the candidate, political party, committee, electioneering communication, voter registration campaign, ballot measure campaign or issue advocacy campaign; ``(D) if the expenditures were made for or against a candidate, including an electioneering communication, the office sought by the candidate and the political party affiliation of the candidate; ``(E) if the contributions or expenditures were made for or against a ballot measure, the purpose of the measure and whether the contributions or expenditures were made in support or opposition to the ballot measure; and ``(F) if the contributions or expenditures were made for or against an issue advocacy campaign, the nature of the political issue and whether the contributions were made in support or opposition to the political issue. ``(2) Public availability.--The Commission shall ensure that, to the greatest extent practicable, the quarterly reports required by this subsection are publicly available through the Commission website in a manner that is searchable, sortable and downloadable, consistent with the requirements of section 24.''. SEC. 5. REPORT. On an annual basis, the Office of Management and Budget shall conduct an audit on the compliance or noncompliance with the requirements of this Act by public corporations, their management and shareholders, as well as the effectiveness of the Securities and Exchange Commission in meeting the reporting and disclosure requirements of this Act. Not later than April 1 of each year, the Office of Management and Budget shall submit to the President a report on the audit activities required under this Act.

Summary: Shareholder Protection Act of 2010 - Amends the Securities Exchange Act of 1934 to prohibit an issuer from making any expenditure for political activities in excess of $10,000 in any fiscal year without first obtaining the written affirmative authorization for such expenditure by a majority of all shareholders. Deems a violation of this requirement to be a breach of the fiduciary duty of the officers and directors who authorized such expenditure. Subjects to joint and several liability to any shareholder or class of shareholders for the amount of such expenditure the officers and directors who authorize it without prior shareholder authorization. Prohibits rules and guidelines established by any national securities exchange or by the Securities and Exchange Commission (SEC) from considering as a routine corporate matter a decision to make a contribution or expenditure for political activities in excess of $10,000. Exempts from the shareholder prior approval requirement an issuer whose sole business is the publication or broadcasting of news, commentary, literature, music, entertainment, artistic expression, scientific, historical or academic works, or other forms of information. Directs the SEC to require issuers to disclose quarterly any expenditure for political activities made during the preceding quarter. Requires such report to be filed with the SEC, provided to shareholders, and be made publicly available through the SEC website.