Input:
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.

Output: 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).


Input:
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

Output:
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.


Input:
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.

Output: 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.


Input:
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.''.

Output: 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.


Input:
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)).

Output:
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.


Input:
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.

Output:
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.


Input:
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.

Output:
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.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sunset Wasteful Executive
Expenditures and Programs Act of 2013''.

SEC. 2. REQUIREMENT FOR THE COMPTROLLER GENERAL TO REVIEW EXECUTIVE
              DEPARTMENTS TO ENSURE THEY CONTINUE TO SERVE A PUBLIC
              NEED.

    (a) Amendment.--Chapter 7 of title 31, United States Code, is
amended by adding at the end of subchapter II the following new
section:
``Sec. 721. Review of Executive departments to ensure they continue to
              serve a public need
    ``(a) Review Required.--Each year, beginning with 2014, the
Comptroller General of the United States shall review three Executive
departments, in the order of their creation, to identify agencies and
programs within the jurisdiction of the departments that perform
similar or related functions and that no longer serve a public need.
The Comptroller General shall review every department at least once
every five years.
    ``(b) Criteria.--The Comptroller General shall evaluate the
efficiency and public need for each Executive department pursuant to
subsection (a) using the following criteria:
            ``(1) The effectiveness and the efficiency of the operation
        of the programs carried out by each such Executive department.
            ``(2) Whether the programs carried out by the Executive
        department are cost-effective.
            ``(3) Whether the Executive department has acted outside
        the scope of its original authority, and whether the original
        objectives of the department have been achieved.
            ``(4) Whether less restrictive or alternative methods exist
        to carry out the functions of the Executive department.
            ``(5) The extent to which the jurisdiction of, and the
        programs administered by, the Executive department duplicate or
        conflict with the jurisdiction and programs of other Executive
        departments.
            ``(6) The potential benefits of consolidating programs
        administered by the Executive department with similar or
        duplicative programs of other Executive departments, and the
        potential for consolidating such programs.
            ``(7) The number and types of beneficiaries or persons
        served by programs carried out by the Executive department.
            ``(8) The extent to which any trends, developments, and
        emerging conditions that are likely to affect the future nature
        and extent of the problems or needs that the programs carried
        out by the Executive department are intended to address.
            ``(9) The extent to which the Executive department has
        complied with the provisions contained in sections 1115 through
        1119 of this title (relating to Government performance planning
        and reporting).
            ``(10) Whether the Executive department has worked to enact
        changes in the law that are intended to benefit the public as a
        whole rather than the specific business, institution, or
        individuals that the department regulates.
            ``(11) The extent to which the Executive department has
        encouraged participation by the public as a whole in making its
        rules and decisions rather than encouraging participation
        solely by those it regulates.
            ``(12) The extent to which the public participation in
        rulemaking and decisionmaking of the Executive department has
        resulted in rules and decisions compatible with the objectives
        of the department.
            ``(13) The extent to which the Executive department
        complies with section 552 of title 5, United States Code
        (commonly known as the `Freedom of Information Act').
            ``(14) The extent of the regulatory, privacy, and paperwork
        impacts of the programs carried out by the Executive
        department.
            ``(15) The extent to which changes are necessary in the
        authorizing statutes of the Executive department in order that
        the function of the department can be performed in the most
        efficient and effective manner.
    ``(c) Annual Report and Recommended Legislation.--By February 1 of
each year, beginning with February 1, 2015, the Comptroller General
shall submit to Congress a report on the results of the review of the
Executive departments carried out during the preceding year. The report
shall include--
            ``(1) such recommendations as the Comptroller General
        considers necessary to facilitate the abolishment of agencies
        and programs within the Executive departments that perform
        similar or related functions that were identified pursuant to
        subsection (a) as no longer serving a public need; and
            ``(2) legislative language to implement those
        recommendations in a form appropriate for introduction in
        Congress as a bill.
    ``(d) Executive Department Defined.--In this section, the term
`Executive department' means each department listed in section 101 of
title 5, United States Code.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of title 31, United States Code, is amended by adding at the
end of subchapter II the following new item:

``721. Review of Executive departments to ensure they continue to serve
                            a public need.''.

SEC. 3. CONGRESSIONAL ACTION TO ENSURE EXECUTIVE DEPARTMENTS CONTINUE
              TO SERVE A PUBLIC NEED.

    (a) Abolishment of Departments.--
            (1) In general.--Not later than December 31 of each year,
        beginning with December 31, 2015, the three Executive
        departments that were reviewed by the Comptroller General of
        the United States during the preceding year pursuant to section
        721 of title 31, United States Code, shall be abolished.
            (2) Winding down.--The President, in coordination with the
        Secretary of each Executive department concerned, shall direct
        the procedures for the winding down of the operations of
        departments abolished under subsection (a).
            (3) Extension.--The date of abolishment for an Executive
        department may be extended for an additional two years if
        Congress enacts legislation extending such date by a vote of
        three-fifths of the House of Representatives and of the Senate.
    (b) Continuation of Departments.--
            (1) Approval of existence.--Congress may authorize the
        continued existence of an Executive department scheduled for
        abolishment by approving or rejecting the legislation
        containing the recommendations of the Comptroller General with
        respect to that department, as submitted under section
        721(c)(2) of title 31, United States Code, and introduced as a
        bill under subsection (c).
            (2) Future recommendations.--Action of Congress approving
        of an Executive department scheduled for abolishment does not
        prevent the department from being abolished in the next cycle
        for consideration.
    (c) Process for Consideration of Comptroller General's Report.--
            (1) Introduction.--After February 1 of each year, beginning
        with 2015, the legislation containing the recommendations of
        the Comptroller General with respect to the Executive
        departments reviewed during the preceding year, as submitted in
        the report of the Comptroller General under section 721(c)(2)
        of title 31, United States Code, shall be introduced in the
        Senate by the Majority Leader or the Majority Leader's
        designee, and in the House of Representatives by the Speaker or
        the Speaker's designee. Upon such introduction, the bill, to be
        known as a ``wasteful expenditures bill'' shall be referred to
        appropriate committees of Congress under paragraph (2). If the
        wasteful expenditures bill is not introduced in accordance with
        the preceding sentence, then any member of Congress may
        introduce such bill in the member's respective House of
        Congress beginning on the date that is the fifth calendar day
        that such House is in session following the date of the
        submission of such aggregate legislative provisions.
            (2) Committee consideration.--
                    (A) Referral.--A wasteful expenditures bill
                introduced under paragraph (1) shall be referred to any
                appropriate committee of jurisdiction in the Senate and
                the House of Representatives. A committee to which a
                wasteful expenditures bill is referred under this
                paragraph and may review and comment on such bill, may
                report such bill to the respective House, and may not
                amend such bill.
                    (B) Reporting.--Not later than 60 legislative days
                after the introduction of the wasteful expenditures
                bill, each Committee of Congress to which the wasteful
                expenditures bill was referred shall report the bill.
                    (C) Discharge of committee.--If a committee to
                which is referred a wasteful expenditures bill has not
                reported such bill at the end of 60 legislative days
                after its introduction or at the end of the first day
                after there has been reported to the House involved a
                wasteful expenditures bill, whichever is earlier, such
                committee shall be deemed to have been discharged from
                further consideration of such bill, and such bill shall
                be placed on the appropriate calendar of the House
                involved.
            (3) Expedited procedure.--
                    (A) Consideration.--
                            (i) In general.--Not later than 5
                        legislative days after the date on which a
                        committee has reported a wasteful expenditures
                        bill or been discharged from consideration of a
                        wasteful expenditures bill, the Majority Leader
                        of the Senate, or the Majority Leader's
                        designee, or the Speaker of the House of
                        Representatives, or the Speaker's designee,
                        shall move to proceed to the consideration of
                        the wasteful expenditures bill. It shall also
                        be in order for any member of the Senate or the
                        House of Representatives, respectively, to move
                        to proceed to the consideration of the wasteful
                        expenditures bill at any time after the
                        conclusion of such 5-day period.
                            (ii) Motion to proceed.--A motion to
                        proceed to the consideration of a wasteful
                        expenditures bill is highly privileged in the
                        House of Representatives and is privileged in
                        the Senate and is not debatable. The motion is
                        not subject to amendment or to a motion to
                        postpone consideration of the wasteful
                        expenditures bill. If the motion to proceed is
                        agreed to, the Senate or the House of
                        Representatives, as the case may be, shall
                        immediately proceed to consideration of the
                        wasteful expenditures bill without intervening
                        motion, order, or other business, and the
                        wasteful expenditures bill shall remain the
                        unfinished business of the Senate or the House
                        of Representatives, as the case may be, until
                        disposed of.
                            (iii) Limited debate.--Debate on the
                        wasteful expenditures bill and on all debatable
                        motions and appeals in connection therewith
                        shall be limited to not more than 10 hours,
                        which shall be divided equally between those
                        favoring and those opposing the wasteful
                        expenditures bill. A motion further to limit
                        debate on the wasteful expenditures bill is in
                        order and is not debatable. All time used for
                        consideration of the wasteful expenditures
                        bill, including time used for quorum calls
                        (except quorum calls immediately preceding a
                        vote) and voting, shall come from the 10 hours
                        of debate.
                            (iv) Amendments.--No amendment to the
                        wasteful expenditures bill shall be in order in
                        the Senate and the House of Representatives.
                            (v) Vote on final passage.--Immediately
                        following the conclusion of the debate on the
                        wasteful expenditures bill, the vote on final
                        passage of the wasteful expenditures bill shall
                        occur.
                            (vi) Other motions not in order.--A motion
                        to postpone consideration of the wasteful
                        expenditures bill, a motion to proceed to the
                        consideration of other business, or a motion to
                        recommit the wasteful expenditures bill is not
                        in order. A motion to reconsider the vote by
                        which the wasteful expenditures bill is agreed
                        to or not agreed to is not in order.
                    (B) Consideration by the other house.--If, before
                the passage by one House of the wasteful expenditures
                bill that was introduced in such House, such House
                receives from the other House a wasteful expenditures
                bill as passed by such other House--
                            (i) the wasteful expenditures bill of the
                        other House shall not be referred to a
                        committee and may only be considered for final
                        passage in the House that receives it under
                        subparagraph (C);
                            (ii) the procedure in the House in receipt
                        of the wasteful expenditures bill of the other
                        House, shall be the same as if no wasteful
                        expenditures bill had been received from the
                        other House; and
                            (iii) notwithstanding subparagraph (B), the
                        vote on final passage shall be on the wasteful
                        expenditures bill of the other House.
                    (C) Disposition.--Upon disposition of a wasteful
                expenditures bill that is received by one House from
                the other House, it shall no longer be in order to
                consider the wasteful expenditures bill that was
                introduced in the receiving House.
            (4) Legislative day.--In this section, the term
        ``legislative day'' means a day on which either House of
        Congress is in session.
            (5) Rules of the senate and the house of representatives.--
        This section is enacted--
                    (A) as an exercise of the rulemaking power of the
                Senate and the House of Representatives, respectively,
                and is deemed to be part of the rules of each House,
                respectively, but applicable only with respect to the
                procedure to be followed in that House in the case of a
                wasteful expenditures bill, and it supersedes other
                rules only to the extent that it is inconsistent with
                such rules; and
                    (B) with full recognition of the constitutional
                right of either House to change the rules (so far as
                they relate to the procedure of that House) at any
                time, in the same manner, and to the same extent as in
                the case of any other rule of that House.

Output: Sunset Wasteful Executive Expenditures and Programs Act of 2013 - Requires the Comptroller General (GAO): (1) each year, beginning in 2014, to review three executive departments to identify agencies and programs that perform similar or related functions and that no longer serve a public need; (2) to review every executive department at least once every five years; and (3) each year, beginning on February 1, 2015, to report to Congress on the results of the reviews of executive departments carried out during the preceding year with recommendations for abolishing agencies and programs that perform similar or related functions and no longer serve a public need.  Abolishes by December 31 of each year, beginning with 2015, the three executive departments reviewed by the Comptroller General during the preceding year. Requires the President to direct procedures for the winding down of the operations of each abolished department. Allows Congress to authorize the continued existence of an executive department scheduled for abolishment.  Sets forth the process for congressional consideration of the Comptroller General's report, including an expedited procedure for consideration of resulting legislation to be known as a wasteful expenditures bill.