		I
		112th CONGRESS
		1st Session
		H. R. 1992
		IN THE HOUSE OF REPRESENTATIVES

			May 25, 2011
			Mr. Grijalva
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to allow
		  Indian tribes to transfer the credit for electricity produced from renewable
		  resources.

		1.Short titleThis Act may be cited as the
			 Fair Allocation of Internal Revenue
			 Credit for Renewable Electricity Distribution by Indian Tribes Act of
			 2011 or as the FAIR CREDIT Act of 2011.
		2.Transfer by
			 Indian tribes of credit for electricity produced from renewable
			 resources
			(a)In
			 generalParagraph (3) of section 45(e) of the Internal Revenue
			 Code of 1986 (relating to production attributable to the taxpayer) is amended
			 to read as follows:

					(3)Production
				attributable to the taxpayer
						(A)In
				generalIn the case of a
				facility in which more than 1 person has an ownership interest, except to the
				extent provided in regulations prescribed by the Secretary, production from the
				facility shall be allocated among such persons in proportion to their
				respective ownership interests in the gross sales from such facility.
						(B)Special rule for
				Indian tribes
							(i)In
				generalIn the case of a facility described in subparagraph (A)
				in which an Indian tribe has an ownership interest in the gross sales from such
				facility, such Indian tribe may assign to any other person who has such an
				ownership interest in such facility any portion of the production from the
				facility that would (but for this subparagraph) be allocated to such Indian
				tribe. Any such assignment may be revoked only with the consent of the
				Secretary and shall be made at such time and in such manner as the Secretary
				may provide.
							(ii)Indian
				tribeFor purposes of clause (i), the term Indian
				tribe means any Indian tribe, band, nation, pueblo, or other organized
				group or community, including any Alaska Native village or regional or village
				corporation, as defined in, or established pursuant to, the Alaska Native
				Claims Settlement Act (43 U.S.C. 1601 et seq.) which is recognized as eligible
				for the special programs and services provided by the United States to Indians
				because of their status as Indians.

				.
			(b)Effective
			 dateThe amendment made by this section shall apply to
			 electricity produced and sold after the date of the enactment of this
			 Act.


116 HR 349 IH: To designate a peak in the State of Nevada as Maude Frazier Mountain, and for other purposes.
U.S. House of Representatives
2019-01-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 349IN THE HOUSE OF REPRESENTATIVESJanuary 8, 2019Ms. Titus introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo designate a peak in the State of Nevada as Maude Frazier Mountain, and for other purposes.

		1.Designation of Maude Frazier Mountain in the State of Nevada
 (a)In generalThe peak of Frenchman Mountain located at latitude 36°10′45″ N, by longitude 114°59′52″ W in the State of Nevada shall be known and designated as Maude Frazier Mountain.
 (b)ReferencesAny reference in a law, map, regulation, document, record, or other paper of the United States to the peak referred to in subsection (a) shall be deemed to be a reference to Maude Frazier Mountain.


113 HR 1740 IH: Patients First Act of 2013
U.S. House of Representatives
2013-04-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1740
		IN THE HOUSE OF REPRESENTATIVES

			April 25, 2013
			Mr. Forbes (for
			 himself and Mr. Lipinski) introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To intensify stem cell research showing evidence of
		  substantial clinical benefit to patients, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Patients First Act of
			 2013.
		2.PurposesIt is the purpose of this Act to—
			(1)intensify research
			 that may result in improved understanding of or treatments for diseases and
			 other adverse health conditions;
			(2)promote research
			 and human clinical trials using stem cells that are ethically obtained and show
			 evidence of providing clinical benefit for human patients; and
			(3)promote the
			 derivation of pluripotent stem cell lines without the creation of human embryos
			 for research purposes and without the destruction or discarding of, or risk of
			 injury to, a human embryo.
			3.Human stem cell
			 research and therapy
			(a)AuthorizationPart B of title IV of the Public Health
			 Service Act (42 U.S.C. 284 et seq.) is amended by inserting after section 409I
			 the following:

					409K.Human stem
				cell research and therapy
						(a)In
				generalThe Secretary shall conduct and support basic and applied
				research to develop techniques for the isolation, derivation, production,
				testing, and human clinical use of stem cells that may result in improved
				understanding of or treatments for diseases and other adverse health
				conditions, including pluripotent stem cells that have the flexibility of
				embryonic stem cells (whether or not such pluripotent stem cells have an
				embryonic source), prioritizing research with the greatest potential for
				near-term clinical benefit in human patients, provided that such isolation,
				derivation, production, testing, or use will not involve—
							(1)the creation of a
				human embryo for research purposes;
							(2)the destruction of
				or discarding of, or risk of injury to, a living human embryo; or
							(3)the use of any
				stem cell, the derivation or provision of which would be inconsistent with the
				standards established in paragraph (1) or (2).
							(b)GuidelinesNot
				later than 90 days after the date of the enactment of this section, the
				Secretary, after consultation with the Director of NIH, shall issue final
				guidelines implementing subsection (a) to ensure that any research (including
				any clinical trial) supported under subsection (a)—
							(1)is clearly
				consistent with the standards established in subsection (a) if conducted using
				human cells, as demonstrated by animal trials or other substantial evidence;
				and
							(2)is prioritized in
				terms of potential for near-term clinical benefit in human patients, as
				indicated by substantial evidence from basic research or by substantial
				clinical evidence which may include but is not limited to—
								(A)evidence of
				improvement in one or more human patients suffering from illness or injury, as
				documented in reports by professional medical or scientific associations or in
				peer-reviewed medical or scientific literature; or
								(B)approval for use
				in human trials by the Food and Drug Administration.
								(c)DefinitionsIn
				this section:
							(1)Human
				embryoThe term human embryo includes any organism,
				not protected as a human subject under part 46 of title 45, Code of Federal
				Regulations, as of the date of the enactment of this section, that is derived
				by fertilization, parthenogenesis, cloning, or any other means from one or more
				human gametes or human diploid cells.
							(2)Risk of
				injuryThe term risk of injury means subjecting a
				human embryo to risk of injury or death greater than that allowed for research
				on fetuses in utero under section 46.204(b) of title 45, Code of Federal
				Regulations (or any successor regulation), or section 498(b) of this
				Act.
							.
			(b)Priority
			 setting; reportsSection 492 of the Public Health Service Act (42
			 U.S.C. 289a) is amended by adding at the end the following:

					(d)(1)With respect to human
				stem cell research, the Secretary, acting through the Director of NIH, shall
				give priority to conducting or supporting research in accordance with section
				409K.
						(2)At the end of fiscal year 2014 and
				each subsequent fiscal year, the Secretary shall submit to the Congress a
				report outlining the number of research proposals under section 409K that were
				peer reviewed, a summary and detailed list of all such research proposals that
				were not funded, and an explanation of why the proposals did not merit funding.
				The reports under this paragraph shall be in addition to the reporting on stem
				cell research included in the biennial report required by section
				403.
						.
			(c)Biennial
			 reportsSection 403(a)(5) of the Public Health Service Act (42
			 U.S.C. 283(a)(5)) is amended—
				(1)by redesignating
			 subparagraph (L) as subparagraph (M); and
				(2)by inserting after
			 subparagraph (K) the following:

						(L)Stem
				cells.
						.


116 HR 4177 IH: Gun Safety Board and Research Act of 2019
U.S. House of Representatives
2019-08-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4177IN THE HOUSE OF REPRESENTATIVESAugust 9, 2019Mr. DeSaulnier introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo establish a Gun Safety Board, and for other purposes.

 1.Short titleThis Act may be cited as the Gun Safety Board and Research Act of 2019. 2.Gun Safety Board (a)EstablishmentThe Secretary of Health and Human Services shall, not later than 1 year after the date of enactment of this Act, establish a board to be known as the Gun Safety Board.
 (b)DutiesThe Gun Safety Board shall— (1)not later than 2 years after the date of enactment of this Act, establish a program that provides grants that recipients shall use to—
 (A)conduct original research about firearm violence reduction (including research about topics identified for additional research by the Gun Safety Board under paragraph (2)(B)); and
 (B)to educate members of the public about— (i)causes and effects of firearm violence; and
 (ii)ways to reduce the risk of harm from firearm violence; (2)conduct original research about firearm violence reduction; and
 (3)on an ongoing basis, publish in the Federal Register and on a public website of the Department of Health and Human Services the following:
 (A)Policy recommendations for potential Federal, State, and local action based on available scientific research about firearm violence reduction.
 (B)A list of subject areas related to firearm violence reduction that the Gun Safety Board finds would benefit from additional scientific research.
 (C)The Firearm Safety Board’s findings about the efficacy of existing State and Federal laws intended to reduce firearm violence, and the expected efficacy of proposed State and Federal legislation intended to reduce firearm violence, in reducing any of the following:
 (i)Gun assaults. (ii)Gun robberies.
 (iii)Threats with a gun. (iv)Shootings.
 (v)Mass shootings. (vi)Deaths caused by firearms.
 (vii)Injuries caused by firearms. (viii)Health care-related expenditures (including lost days of work and other indirect expenditures) for victims of firearm-caused injuries.
						(c)Membership
 (1)Number and appointmentThe Gun Safety Board shall be composed of 17 members appointed by the Secretary of Health and Human Services.
 (2)CompositionThe members shall include— (A)at least 1 member with expertise in law enforcement;
 (B)at least 1 member with expertise in public health; (C)at least 1 member with expertise in firearm violence reduction research;
 (D)at least 1 member with expertise in medicine; (E)at least 1 member with a background in firearm manufacturing, firearm sales, professional firearm use, or recreational firearm use;
 (F)at least 1 member representing victims of firearm violence; (G)at least 1 member representing nonprofit organizations that advocate for firearm violence reduction; and
 (H)at least 1 member from each of the following: (i)The National Institutes of Health.
 (ii)The Centers for Disease Control and Prevention. (iii)The United States Consumer Product Safety Commission.
 (iv)The Federal Bureau of Investigation. (v)The Department of Health and Human Services.
 (vi)The Bureau of Alcohol, Tobacco, Firearms and Explosives within the Department of Justice. (vii)The Office of Juvenile Justice and Delinquency Prevention within the Department of Justice.
 (viii)The Bureau of Justice Assistance within the Department of Justice. (ix)The Office for Victims of Crime within the Department of Justice.
 (x)The Office on Violence Against Women within the Department of Justice. (xi)The National Institute of Justice within the Department of Justice.
						(d)Terms
 (1)In generalExcept as provided in paragraph (2), each member shall be appointed for a term of 4 years. (2)Terms of initial appointeesAs designated by the Secretary of Health and Human Services at the time of appointment, of the members first appointed—
 (A)three shall be appointed for a term of 4 years; (B)two shall be appointed for a term of 3 years;
 (C)two shall be appointed for a term of 2 years; and (D)two shall be appointed for a term of 1 year.
 (3)VacanciesAny member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A vacancy shall be filled in the manner in which the original appointment was made.
 (e)Basic payMembers shall be paid at a rate set by the Secretary of Health and Human Services that is consistent with title 5, United States Code.
 (f)Travel expensesEach member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
 (g)ChairThe Secretary of Health and Human Services shall designate one member to serve as chair of the Firearm Safety Board.
 (h)Vice ChairThe members of the Gun Safety Board shall elect one member to serve as vice chair of the Firearm Safety Board.
 (i)MeetingsThe Board shall meet at least once each month at the call of the chair. (j)StaffThe chair may appoint and, consistent with title 5, United States Code, fix the pay of additional personnel as the chair considers appropriate.
 (k)FirearmFor the purposes of this Act, the term firearm shall have the meaning given the term in section 921 of title 18, United States Code. (l)Authorization of appropriationsThere is authorized to be appropriated to carry out this Act $25,000,000 for each fiscal year beginning after the date of the enactment of this Act.


115 HR 430 IH: State Sponsors of Terrorism Review Enhancement Act
U.S. House of Representatives
2017-01-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 430IN THE HOUSE OF REPRESENTATIVESJanuary 10, 2017Mr. Yoho (for himself, Mr. Abraham, Mr. Hill, and Mr. Gohmert) introduced the following bill; which was referred to the Committee on Foreign AffairsA BILLTo modify authorities that provide for rescission of determinations of countries as state sponsors
			 of terrorism, and for other purposes.

 1.Short titleThis Act may be cited as the State Sponsors of Terrorism Review Enhancement Act. 2.Modifications of authorities that provide for rescission of determinations of countries as state sponsors of terrorism (a)Foreign Assistance Act of 1961Section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) is amended—
 (1)in subsection (c)(2)— (A)in the matter preceding subparagraph (A), by striking 45 days and inserting 90 days; and
 (B)in subparagraph (A), by striking 6-month period and inserting 24-month period; (2)by redesignating subsection (d) as subsection (e);
 (3)by inserting after subsection (c) the following:  (d)Disapproval of rescissionNo rescission under subsection (c)(2) of a determination under subsection (a) with respect to the government of a country may be made if the Congress, within 90 days after receipt of a report under subsection (c)(2), enacts a joint resolution described in subsection (f)(2) of section 40 of the Arms Export Control Act with respect to a rescission under subsection (f)(1) of such section of a determination under subsection (d) of such section with respect to the government of such country.;
 (4)in subsection (e) (as redesignated), in the matter preceding paragraph (1), by striking may be and inserting may, on a case-by-case basis, be; and (5)by adding at the end the following new subsection:

 (f)Notification and briefingNot later than— (1)ten days after initiating a review of the activities of the government of the country concerned within the 24-month period referred to in subsection (c)(2)(A), the President, acting through the Secretary of State, shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such initiation; and
 (2)20 days after the notification described in paragraph (1), the President, acting through the Secretary of State, shall brief such committees on the status of such review..
 (b)Arms Export Control ActSection 40 of the Arms Export Control Act (22 U.S.C. 2780) is amended— (1)in subsection (f)—
 (A)in paragraph (1)(B)— (i)in the matter preceding clause (i), by striking 45 days and inserting 90 days; and
 (ii)in clause (i), by striking 6-month period and inserting 24-month period; and (B)in paragraph (2)—
 (i)in subparagraph (A), by striking 45 days and inserting 90 days; and (ii)in subparagraph (B), by striking 45-day period and inserting 90-day period;
 (2)in subsection (g), in the matter preceding paragraph (1), by striking may waive and inserting may, on a case-by-case basis, waive; (3)by redesignating subsection (l) as subsection (m); and
 (4)by inserting after subsection (k) the following new subsection:  (l)Notification and briefingNot later than—
 (1)ten days after initiating a review of the activities of the government of the country concerned within the 24-month period referred to in subsection (f)(1)(B)(i), the President, acting through the Secretary of State, shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such initiation; and
 (2)20 days after the notification described in paragraph (1), the President, acting through the Secretary of State, shall brief such committees on the status of such review..
				(c)Export Administration Act of 1979
 (1)In generalSection 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), as continued in effect under the International Emergency Economic Powers Act, is amended—
 (A)in paragraph (4)(B)— (i)in the matter preceding clause (i), by striking 45 days and inserting 90 days; and
 (ii)in clause (i), by striking 6-month period and inserting 24-month period; (B)by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and
 (C)by inserting after paragraph (4) the following new paragraphs:  (5)Disapproval of rescissionNo rescission under paragraph (4)(B) of a determination under paragraph (1)(A) with respect to the government of a country may be made if the Congress, within 90 days after receipt of a report under paragraph (4)(B), enacts a joint resolution described in subsection (f)(2) of section 40 of the Arms Export Control Act with respect to a rescission under subsection (f)(1) of such section of a determination under subsection (d) of such section with respect to the government of such country.
 (6)Notification and briefingNot later than— (A)ten days after initiating a review of the activities of the government of the country concerned within the 24-month period referred to in paragraph (4)(B)(i), the President, acting through the Secretary and the Secretary of State, shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such initiation; and
 (B)20 days after the notification described in paragraph (1), the President, acting through the Secretary and the Secretary of State, shall brief such committees on the status of such review..
 (2)RegulationsThe President shall amend the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, to the extent necessary and appropriate to carry out the amendment made by paragraph (1).


I
112th CONGRESS
1st Session
H. R. 1841
IN THE HOUSE OF REPRESENTATIVES

May 11, 2011
Mr. Stearns (for himself and Mr. Matheson) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To protect consumers by requiring reasonable security policies and procedures to protect computerized data containing personal information, and to provide for nationwide notice in the event of a security breach.

1.Short titleThis Act may be cited as the Data Accountability and Trust Act (DATA) of 2011.
2.Requirements for information security
(a)General security policies and procedures
(1)RegulationsNot later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, to require each person engaged in interstate commerce that owns or possesses data in electronic form containing personal information, or contracts to have any third party entity maintain such data for such person, to establish and implement policies and procedures regarding information security practices for the treatment and protection of personal information taking into consideration—
(A)the size of, and the nature, scope, and complexity of the activities engaged in by, such person;
(B)the current state of the art in administrative, technical, and physical safeguards for protecting such information; and
(C)the cost of implementing such safeguards.
(2)RequirementsSuch regulations shall require the policies and procedures to include the following:
(A)A security policy with respect to the collection, use, sale, other dissemination, and maintenance of such personal information.
(B)The identification of an officer or other individual as the point of contact with responsibility for the management of information security.
(C)A process for identifying and assessing any reasonably foreseeable vulnerabilities in the system maintained by such person that contains such electronic data, which shall include regular monitoring for a breach of security of such system.
(D)A process for taking preventive and corrective action to mitigate against any vulnerabilities identified in the process required by subparagraph (C), which may include implementing any changes to security practices and the architecture, installation, or implementation of network or operating software.
(E)A process for disposing of obsolete data in electronic form containing personal information by shredding, permanently erasing, or otherwise modifying the personal information contained in such data to make such personal information permanently unreadable or undecipherable.
(3)Treatment of entities governed by other lawIn promulgating the regulations under this subsection, the Commission may determine to be in compliance with this subsection any person who is required under any other Federal law to maintain standards and safeguards for information security and protection of personal information that provide equal or greater protection than those required under this subsection.
(b)Destruction of obsolete paper records containing personal information
(1)StudyNot later than 1 year after the date of enactment of this Act, the Commission shall conduct a study on the practicality of requiring a standard method or methods for the destruction of obsolete paper documents and other non-electronic data containing personal information by persons engaged in interstate commerce who own or possess such paper documents and non-electronic data. The study shall consider the cost, benefit, feasibility, and effect of a requirement of shredding or other permanent destruction of such paper documents and non-electronic data.
(2)RegulationsThe Commission may promulgate regulations under section 553 of title 5, United States Code, requiring a standard method or methods for the destruction of obsolete paper documents and other non-electronic data containing personal information by persons engaged in interstate commerce who own or possess such paper documents and non-electronic data if the Commission finds that—
(A)the improper disposal of obsolete paper documents and other non-electronic data creates a reasonable risk of identity theft, fraud, or other unlawful conduct;
(B)such a requirement would be effective in preventing identity theft, fraud, or other unlawful conduct;
(C)the benefit in preventing identity theft, fraud, or other unlawful conduct would outweigh the cost to persons subject to such a requirement; and
(D)compliance with such a requirement would be practicable.In enforcing any such regulations, the Commission may determine to be in compliance with such regulations any person who is required under any other Federal law to dispose of obsolete paper documents and other non-electronic data containing personal information if such other Federal law provides equal or greater protection of personal information than the regulations promulgated under this subsection.
(c)Special requirements for information brokers
(1)Submission of policies to the FTCThe regulations promulgated under subsection (a) shall require information brokers to submit their security policies to the Commission in conjunction with a notification of a breach of security under section 3 or upon request of the Commission.
(2)Post-breach auditFor any information broker required to provide notification under section 3, the Commission shall conduct an audit of the information security practices of such information broker, or require the information broker to conduct an independent audit of such practices (by an independent auditor who has not audited such information broker’s security practices during the preceding 5 years). The Commission may conduct or require additional audits for a period of 5 years following the breach of security or until the Commission determines that the security practices of the information broker are in compliance with the requirements of this section and are adequate to prevent further breaches of security.
(3)Verification of and individual access to personal information
(A)VerificationEach information broker shall establish reasonable procedures to verify the accuracy of the personal information it collects, assembles, or maintains, and any other information it collects, assembles, or maintains that specifically identifies an individual, other than information which merely identifies an individual’s name or address.
(B)Consumer access to information
(i)AccessEach information broker shall—
(I)provide to each individual whose personal information it maintains, at the individual’s request at least 1 time per year and at no cost to the individual, and after verifying the identity of such individual, a means for the individual to review any personal information regarding such individual maintained by the information broker and any other information maintained by the information broker that specifically identifies such individual, other than information which merely identifies an individual’s name or address; and
(II)place a conspicuous notice on its Internet website (if the information broker maintains such a website) instructing individuals how to request access to the information required to be provided under subclause (I).
(ii)Disputed informationWhenever an individual whose information the information broker maintains makes a written request disputing the accuracy of any such information, the information broker, after verifying the identity of the individual making such request and unless there are reasonable grounds to believe such request is frivolous or irrelevant, shall—
(I)correct any inaccuracy; or
(II)
(aa)in the case of information that is public record information, inform the individual of the source of the information, and, if reasonably available, where a request for correction may be directed; or
(bb)in the case of information that is non-public information, note the information that is disputed, including the individual’s statement disputing such information, and take reasonable steps to independently verify such information under the procedures outlined in subparagraph (A) if such information can be independently verified.
(iii)LimitationsAn information broker may limit the access to information required under subparagraph (B) in the following circumstances:
(I)If access of the individual to the information is limited by law or legally recognized privilege.
(II)If the information is used for a legitimate governmental or fraud prevention purpose that would be compromised by such access.
(iv)RulemakingThe Commission shall issue regulations, as necessary, under section 553 of title 5, United States Code, on the application of the limitations in clause (iii).
(C)Treatment of entities governed by other lawThe Commission may promulgate rules (under section 553 of title 5, United States Code) to determine to be in compliance with this paragraph any person who is a consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)), with respect to those products and services that are subject to and in compliance with the requirements of that Act.
(4)Requirement of audit log of accessed and transmitted informationNot later than 1 year after the date of the enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, to require information brokers to establish measures which facilitate the auditing or retracing of any internal or external access to, or transmissions of, any data in electronic form containing personal information collected, assembled, or maintained by such information broker.
(5)Prohibition on pretexting by information brokers
(A)Prohibition on obtaining personal information by false pretensesIt shall be unlawful for an information broker to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, personal information or any other information relating to any person by—
(i)making a false, fictitious, or fraudulent statement or representation to any person; or
(ii)providing any document or other information to any person that the information broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained, or to contain a false, fictitious, or fraudulent statement or representation.
(B)Prohibition on solicitation to obtain personal information under false pretensesIt shall be unlawful for an information broker to request a person to obtain personal information or any other information relating to any other person, if the information broker knew or should have known that the person to whom such a request is made will obtain or attempt to obtain such information in the manner described in subparagraph (A).
(d)Exemption for telecommunications carrier, cable operator, provider of information service, or interactive computer serviceNothing in this section shall apply to any electronic communication by a third party stored by a telecommunications carrier (as defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153)), cable operator (as defined in section 602 of such Act (47 U.S.C. 522)), provider of information service (as defined in such section 3), or interactive computer service (as defined in section 230(f)(2) of such Act (47 U.S.C. 230(f)(2))).
3.Notification of information security breach
(a)Nationwide notificationAny person engaged in interstate commerce that owns or possesses data in electronic form containing personal information shall, following the discovery of a breach of security of the system maintained by such person that contains such data—
(1)notify each individual who is a citizen or resident of the United States whose personal information was acquired by an unauthorized person as a result of such a breach of security; and
(2)notify the Commission.
(b)Special notification requirement for certain entities
(1)Third party agentsIn the event of a breach of security by any third party entity that has been contracted to maintain or process data in electronic form containing personal information on behalf of any other person who owns or possesses such data, such third party entity shall be required only to notify such person of the breach of security. Upon receiving such notification from such third party, such person shall provide the notification required under subsection (a).
(2)Telecommunications carriers, cable operators, providers of information service, and interactive computer servicesIf a telecommunications carrier (as defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153)), cable operator (as defined in section 602 of such Act (47 U.S.C. 522)), provider of information service (as defined in such section 3), or interactive computer service (as defined in section 230(f)(2) of such Act (47 U.S.C. 230(f)(2))) becomes aware of a breach of security during the transmission of data in electronic form containing personal information that is owned or possessed by another person utilizing the means of transmission of such telecommunications carrier, cable operator, provider of information service, or interactive computer service, such telecommunications carrier, cable operator, provider of information service, or interactive computer service shall be required only to notify the person who initiated such transmission of such a breach of security if such person can be reasonably identified. Upon receiving such notification from a telecommunications carrier, cable operator, provider of information service, or interactive computer service, such person shall provide the notification required under subsection (a). Notwithstanding section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)), the Commission shall have the authority to enforce this paragraph with respect to a telecommunications carrier.
(3)Breach of health informationIf the Commission receives a notification of a breach of security and determines that information included in such breach is individually identifiable health information (as such term is defined in section 1171(6) of the Social Security Act (42 U.S.C. 1320d(6))), the Commission shall send a copy of such notification to the Secretary of Health and Human Services.
(c)Timeliness of notificationAll notifications required under subsection (a) shall be made as promptly as possible and without unreasonable delay following the discovery of a breach of security of the system and consistent with any measures necessary to determine the scope of the breach, prevent further breach or unauthorized disclosures, and reasonably restore the integrity of the data system.
(d)Method and content of notification
(1)Direct notification
(A)Method of notificationA person required to provide notification to individuals under subsection (a)(1) shall be in compliance with such requirement if the person provides conspicuous and clearly identified notification by one of the following methods (provided the selected method can reasonably be expected to reach the intended individual):
(i)Written notification.
(ii)Email notification, if—
(I)the person’s primary method of communication with the individual is by email; or
(II)the individual has consented to receive such notification and the notification is provided in a manner that is consistent with the provisions permitting electronic transmission of notices under section 101 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001).
(B)Content of notificationRegardless of the method by which notification is provided to an individual under subparagraph (A), such notification shall include—
(i)a description of the personal information that was acquired by an unauthorized person;
(ii)a telephone number that the individual may use, at no cost to such individual, to contact the person to inquire about the breach of security or the information the person maintained about that individual;
(iii)notice that the individual is entitled to receive, at no cost to such individual, consumer credit reports on a quarterly basis for a period of 2 years, and instructions to the individual on requesting such reports from the person;
(iv)the toll-free contact telephone numbers and addresses for the major credit reporting agencies; and
(v)a toll-free telephone number and Internet website address for the Commission whereby the individual may obtain information regarding identity theft.
(2)Substitute notification
(A)Circumstances giving rise to substitute notificationA person required to provide notification to individuals under subsection (a)(1) may provide substitute notification in lieu of the direct notification required by paragraph (1) if—
(i)the person owns or possesses data in electronic form containing personal information of fewer than 1,000 individuals; and
(ii)such direct notification is not feasible due to—
(I)excessive cost to the person required to provide such notification relative to the resources of such person, as determined in accordance with the regulations issued by the Commission under paragraph (3)(A); or
(II)lack of sufficient contact information for the individual required to be notified.
(B)Form of substitute noticeSuch substitute notification shall include—
(i)email notification to the extent that the person has email addresses of individuals to whom it is required to provide notification under subsection (a)(1);
(ii)a conspicuous notice on the Internet website of the person (if such person maintains such a website); and
(iii)notification in print and to broadcast media, including major media in metropolitan and rural areas where the individuals whose personal information was acquired reside.
(C)Content of substitute noticeEach form of substitute notice under this paragraph shall include—
(i)notice that individuals whose personal information is included in the breach of security are entitled to receive, at no cost to the individuals, consumer credit reports on a quarterly basis for a period of 2 years, and instructions on requesting such reports from the person; and
(ii)a telephone number by which an individual can, at no cost to such individual, learn whether that individual’s personal information is included in the breach of security.
(3)Federal trade commission regulations and guidance
(A)RegulationsNot later than 1 year after the date of enactment of this Act, the Commission shall, by regulations under section 553 of title 5, United States Code, establish criteria for determining the circumstances under which substitute notification may be provided under paragraph (2), including criteria for determining if notification under paragraph (1) is not feasible due to excessive cost to the person required to provide such notification relative to the resources of such person.
(B)GuidanceIn addition, the Commission shall provide and publish general guidance with respect to compliance with this section. Such guidance shall include—
(i)a description of written or email notification that complies with the requirements of paragraph (1); and
(ii)guidance on the content of substitute notification under paragraph (2)(B), including the extent of notification to print and broadcast media that complies with the requirements of such paragraph.
(e)Other obligations following breachA person required to provide notification under subsection (a) shall, upon request of an individual whose personal information was included in the breach of security, provide or arrange for the provision of, to each such individual and at no cost to such individual, consumer credit reports from at least one of the major credit reporting agencies beginning not later than 2 months following the discovery of a breach of security and continuing on a quarterly basis for a period of 2 years thereafter.
(f)Exemption
(1)General exemptionA person shall be exempt from the requirements under this section if, following a breach of security, such person determines that there is no reasonable risk of identity theft, fraud, or other unlawful conduct.
(2)Presumptions
(A)EncryptionThe encryption of data in electronic form shall establish a presumption that no reasonable risk of identity theft, fraud, or other unlawful conduct exists following a breach of security of such data. Any such presumption may be rebutted by facts demonstrating that the encryption has been or is reasonably likely to be compromised.
(B)Additional methodologies or technologiesNot later than 270 days after the date of the enactment of this Act, the Commission shall, by rule pursuant to section 553 of title 5, United States Code, identify any additional security methodology or technology, other than encryption, which renders data in electronic form unreadable or indecipherable, that shall, if applied to such data, establish a presumption that no reasonable risk of identity theft, fraud, or other unlawful conduct exists following a breach of security of such data. Any such presumption may be rebutted by facts demonstrating that any such methodology or technology has been or is reasonably likely to be compromised. In promulgating such a rule, the Commission shall consult with relevant industries, consumer organizations, and data security and identity theft prevention experts and established standards setting bodies.
(3)FTC guidanceNot later than 1 year after the date of the enactment of this Act, the Commission shall issue guidance regarding the application of the exemption in paragraph (1).
(g)Website notice of Federal Trade CommissionIf the Commission, upon receiving notification of any breach of security that is reported to the Commission under subsection (a)(2), finds that notification of such a breach of security via the Commission’s Internet website would be in the public interest or is necessary for the protection of consumers, the Commission shall place such a notice in a clear and conspicuous location on its Internet website.
(h)FTC study on notification in languages in addition to EnglishNot later than 1 year after the date of enactment of this Act, the Commission shall conduct a study on the practicality and cost effectiveness of requiring the notification required by subsection (d)(1) to be provided in a language in addition to English to individuals known to speak only such other language.
4.Enforcement
(a)Enforcement by the Federal Trade Commission
(1)Unfair or deceptive acts or practicesA violation of section 2 or 3 shall be treated as an unfair and deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(2)Powers of commissionThe Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates such regulations shall be subject to the penalties and entitled to the privileges and immunities provided in that Act.
(3)Rules
(A)In generalThe Commission shall promulgate, under section 553 of title 5, United States Code, such rules as may be necessary to carry out the provisions of this Act.
(B)LimitationIn promulgating rules under this Act, the Commission shall not require the deployment or use of any specific products or technologies, including any specific computer software or hardware.
(b)Enforcement by State attorneys general
(1)Civil actionIn any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any person who violates section 2 or 3 of this Act, the attorney general, official, or agency of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction—
(A)to enjoin further violation of such section by the defendant;
(B)to compel compliance with such section; or
(C)to obtain civil penalties in the amount determined under paragraph (2).
(2)Civil penalties
(A)Calculation
(i)Treatment of violations of section 2For purposes of paragraph (1)(C) with regard to a violation of section 2, the amount determined under this paragraph is the amount calculated by multiplying the number of violations of such section by an amount not greater than $11,000. Each day that a person is not in compliance with the requirements of such section shall be treated as a separate violation. The maximum civil penalty calculated under this clause shall not exceed $5,000,000.
(ii)Treatment of violations of section 3For purposes of paragraph (1)(C) with regard to a violation of section 3, the amount determined under this paragraph is the amount calculated by multiplying the number of violations of such section by an amount not greater than $11,000. Each failure to send notification as required under section 3 to a resident of the State shall be treated as a separate violation. The maximum civil penalty calculated under this clause shall not exceed $5,000,000.
(B)Adjustment for inflationBeginning on the date that the Consumer Price Index is first published by the Bureau of Labor Statistics that is after 1 year after the date of enactment of this Act, and each year thereafter, the amounts specified in clauses (i) and (ii) of subparagraph (A) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year.
(3)Intervention by the FTC
(A)Notice and interventionThe State shall provide prior written notice of any action under paragraph (1) to the Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right—
(i)to intervene in the action;
(ii)upon so intervening, to be heard on all matters arising therein; and
(iii)to file petitions for appeal.
(B)Limitation on state action while federal action is pendingIf the Commission has instituted a civil action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint.
(4)ConstructionFor purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to—
(A)conduct investigations;
(B)administer oaths or affirmations; or
(C)compel the attendance of witnesses or the production of documentary and other evidence.
(c)Affirmative defense for a violation of section 3It shall be an affirmative defense to an enforcement action brought under subsection (a), or a civil action brought under subsection (b), based on a violation of section 3, that all of the personal information contained in the data in electronic form that was acquired as a result of a breach of security of the defendant is public record information that is lawfully made available to the general public from Federal, State, or local government records and was acquired by the defendant from such records.
5.DefinitionsIn this Act the following definitions apply:
(1)Breach of securityThe term breach of security means the unauthorized acquisition of data in electronic form containing personal information.
(2)CommissionThe term Commission means the Federal Trade Commission.
(3)Data in electronic formThe term data in electronic form means any data stored electronically or digitally on any computer system or other database and includes recordable tapes and other mass storage devices.
(4)EncryptionThe term encryption means the protection of data in electronic form in storage or in transit using an encryption technology that has been adopted by an established standards setting body which renders such data indecipherable in the absence of associated cryptographic keys necessary to enable decryption of such data. Such encryption must include appropriate management and safeguards of such keys to protect the integrity of the encryption.
(5)Identity theftThe term identity theft means the unauthorized use of another person’s personal information for the purpose of engaging in commercial transactions under the name of such other person.
(6)Information brokerThe term information broker means a commercial entity whose business is to collect, assemble, or maintain personal information concerning individuals who are not current or former customers of such entity in order to sell such information or provide access to such information to any nonaffiliated third party in exchange for consideration, whether such collection, assembly, or maintenance of personal information is performed by the information broker directly, or by contract or subcontract with any other entity.
(7)Personal information
(A)DefinitionThe term personal information means an individual’s first name or initial and last name, or address, or phone number, in combination with any 1 or more of the following data elements for that individual:
(i)Social Security number.
(ii)Driver’s license number or other State identification number.
(iii)Financial account number, or credit or debit card number, and any required security code, access code, or password that is necessary to permit access to an individual’s financial account.
(B)Modified definition by rulemakingThe Commission may, by rule, modify the definition of personal information under subparagraph (A) to the extent that such modification is necessary to accommodate changes in technology or practices, will not unreasonably impede interstate commerce, and will accomplish the purposes of this Act.
(8)Public record informationThe term public record information means information about an individual which has been obtained originally from records of a Federal, State, or local government entity that are available for public inspection.
(9)Non-public informationThe term non-public information means information about an individual that is of a private nature and neither available to the general public nor obtained from a public record.
6.Effect on other laws
(a)Preemption of state information security lawsThis Act supersedes any provision of a statute, regulation, or rule of a State or political subdivision of a State, with respect to those entities covered by the regulations issued pursuant to this Act, that expressly—
(1)requires information security practices and treatment of data in electronic form containing personal information similar to any of those required under section 2; and
(2)requires notification to individuals of a breach of security resulting in unauthorized acquisition of data in electronic form containing personal information.
(b)Additional preemption
(1)In generalNo person other than the attorney general of a State may bring a civil action under the laws of any State if such action is premised in whole or in part upon the defendant violating any provision of this Act.
(2)Protection of consumer protection lawsThis subsection shall not be construed to limit the enforcement of any State consumer protection law by an attorney general of a State.
(c)Protection of certain state lawsThis Act shall not be construed to preempt the applicability of—
(1)State trespass, contract, or tort law; or
(2)other State laws to the extent that those laws relate to acts of fraud.
(d)Preservation of FTC authorityNothing in this Act may be construed in any way to limit or affect the Commission’s authority under any other provision of law, including the authority to issue advisory opinions (under subpart A of part 1 of title 16, Code of Federal Regulations), policy statements, or guidance regarding this Act.
7.Effective date and sunset
(a)Effective dateThis Act shall take effect 1 year after the date of enactment of this Act.
(b)SunsetThis Act shall cease to be in effect on September 30, 2016.
8.Authorization of appropriationsThere is authorized to be appropriated to the Commission $1,000,000 for each of fiscal years 2012 through 2016 to carry out this Act.


117 S180 IS: Buffalo Tract Protection Act
U.S. Senate
2021-02-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 180IN THE SENATE OF THE UNITED STATESFebruary 2, 2021Mr. Heinrich (for himself and Mr. Luján) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo withdraw certain Bureau of Land Management land from mineral development.1.Short titleThis Act may be cited as the Buffalo Tract Protection Act.2.Withdrawal(a)In generalSubject to valid existing rights, the Federal land described in subsection (b) is withdrawn from all forms of—(1)location, entry, and patent under the mining laws; and(2)disposition under the mineral leasing, mineral materials, and geothermal leasing laws.(b)DescriptionThe Federal land referred to in subsections (a) and (c) is the approximately 4,288 acres of land administered by the Director of the Bureau of Land Management and generally depicted as Tract A, Tract B, Tract C, and Tract D on the map entitled Placitas, New Mexico Area Map and dated November 13, 2019.(c)Surface estate(1)In generalSubject to the reservation of the mineral estate under paragraph (2), nothing in this Act prohibits the Secretary of the Interior from conveying the surface estate of the Federal land described in subsection (b) in accordance with—(A)the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); or(B)the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.).(2)Mineral estateAny conveyance of the surface estate of the Federal land described in subsection (b) shall require a reservation of the mineral estate to the United States.


		II
		112th CONGRESS
		2d Session
		S. 3402
		IN THE SENATE OF THE UNITED STATES

			July 18, 2012
			Mr. Casey (for himself
			 and Mr. Brown of Ohio) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To require the Secretary of Labor to maintain a publicly
		  available list of all employers that relocate a call center overseas, to make
		  such companies ineligible for Federal grants or guaranteed loans, and to
		  require disclosure of the physical location of business agents engaging in
		  customer service communications, and for other purposes.

		1.Short titleThis Act may be cited as the
			 The United States Call Center Worker
			 and Consumer Protection Act of 2012.
		2.DefinitionsIn this Act:
			(1)AgencyThe
			 term agency means a Federal or State executive agency or a
			 military department.
			(2)Business
			 entityThe term business entity means any
			 organization, corporation, trust, partnership, sole proprietorship,
			 unincorporated association, or venture established to make a profit, in whole
			 or in part, by purposefully availing itself of the privilege of conducting
			 commerce in the United States.
			(3)Call
			 centerThe term call
			 center means a facility or other operation whereby employees receive
			 incoming telephone calls, emails, or other electronic communication for the
			 purpose of providing customer assistance or other service.
			(4)ConsumerThe
			 term consumer means any individual within the territorial
			 jurisdiction of the United States who purchases, transacts, or contracts for
			 the purchase or transaction of any goods, merchandise, or services, not for
			 resale in the ordinary course of the individual's trade or business, but for
			 the individual's use or that of a member of the individual’s household.
			(5)Customer service
			 communicationThe term customer service
			 communication means any telecommunication or wire communication between
			 a consumer and a business entity in furtherance of commerce.
			(6)EmployerThe term employer means any
			 business enterprise that employs in a call center—
				(A)50 or more
			 employees, excluding part-time employees; or
				(B)50 or more
			 employees who in the aggregate work at least 1,500 hours per week (exclusive of
			 hours of overtime).
				(7)Part-time
			 employeethe term part-time employee means an
			 employee who is employed for an average of fewer than 20 hours per week or who
			 has been employed for fewer than 6 of the 12 months preceding the date on which
			 notice is required.
			(8)Relocating and
			 relocationThe terms
			 relocating and relocation refer to the closure of a
			 call center, or the cessation of operations of a call center, or 1 or more
			 facilities or operating units within a call center comprising at least 30
			 percent of the call center’s, or operating unit’s, total volume when measured
			 against the previous 12-month average call volume of operations or
			 substantially similar operations to a location outside of the United
			 States.
			(9)SecretaryThe
			 term Secretary means the Secretary of Labor.
			(10)TelecommunicationThe
			 term telecommunication means the transmission, between or among
			 points specified by the communicator, of information of the communicator's
			 choosing, without change in the form or content of the information as sent and
			 received.
			(11)Wire
			 communication and communication by wireThe term wire
			 communication or communication by wire means the
			 transmission of writing, signs, signals, pictures, and sounds of all kinds by
			 aid of wire, cable, or other like connection between the points of origin and
			 reception of such transmission, including all instrumentalities, facilities,
			 apparatus, and services (among other things, the receipt, forwarding, and
			 delivery of communications) incidental to such transmission.
			3.List of call
			 centers relocating overseas and ineligibility for grants or guaranteed
			 loans
			(a)List
				(1)Notice
			 requirement
					(A)In
			 generalNot fewer than 120 days before relocating a call center
			 to a location outside of the United States, an employer shall notify the
			 Secretary of such relocation.
					(B)PenaltyA
			 person who violates subparagraph (A) shall be subject to a civil penalty not to
			 exceed $10,000 for each day of violation.
					(2)Establishment
			 and maintenance of list
					(A)In
			 generalThe Secretary shall establish, maintain, and make
			 available to the public a list of all employers who relocate a call center as
			 described in paragraph (1)(A).
					(B)TermEach
			 employer included in the list required by subparagraph (A) shall remain on the
			 list for a period not to exceed 3 years after each instance of relocating a
			 call center.
					(C)RemovalThe
			 Secretary may remove an employer from the list required by subparagraph (A) if
			 the Secretary determines that the employer has relocated a call center from a
			 location outside of the United States to a location in the United
			 States.
					(b)Ineligibility
			 for grants or guaranteed loans
				(1)IneligibilityExcept as provided in subsection (b) and
			 notwithstanding any other provision of law, an employer who appears on the list
			 required by subsection (a)(2)(A) shall be ineligible for any direct or indirect
			 Federal grants or Federal guaranteed loans for 5 years after the date such
			 employer was added to the list.
				(2)ExceptionsThe
			 Secretary, in consultation with the appropriate agency providing a loan or
			 grant, may waive the eligibility restriction provided under subsection (a) if
			 the employer applying for such loan or grant demonstrates that a lack of such
			 loan or grant would—
					(A)threaten national
			 security;
					(B)result in
			 substantial job loss in the United States; or
					(C)harm the
			 environment.
					(c)Preference in
			 Federal contracting for not relocating a call center overseasThe
			 head of an agency, when awarding a civilian or defense-related contract, shall
			 give preference to a United States employer that does not appear on the list
			 required by subsection (a)(2)(A).
			(d)Effective
			 dateThis section shall take effect on the date that is 1 year
			 after the date of the enactment of this Act.
			4.Rule of
			 construction related to Federal benefits for workersNo provision of section 3 shall be construed
			 to permit withholding or denial of payments, compensation, or benefits under
			 any provision of Federal law (including Federal unemployment compensation,
			 disability payments, or worker retraining or readjustment funds) to workers
			 employed by employers that relocate operations outside the United
			 States.
		5.Required
			 disclosure by business entities engaged in customer service communications of
			 physical location
			(a)In
			 generalExcept as provided in subsection (b), a business entity
			 that either initiates or receives a customer service communication shall
			 require that each of its employees or agents participating in the communication
			 disclose their physical location at the beginning of each customer service
			 communication so initiated or received.
			(b)Exceptions
				(1)Business
			 entities located in the United StatesThe requirements of
			 subsection (a) shall not apply to a customer service communication involving a
			 business entity if all of the employees or agents of the business entity
			 participating in such communication are physically located in the United
			 States.
				(2)Communication
			 initiated by consumer knowingly to foreign entity or addressThe
			 requirements of subsection (a) shall not apply to an employee or agent of a
			 business entity participating in a customer service communication with a
			 consumer if—
					(A)the customer
			 service communication was initiated by the consumer;
					(B)the employee or
			 agent is physically located outside the United States; and
					(C)the consumer knows
			 or reasonably should know that the employee or agent is physically located
			 outside the United States.
					(3)Emergency
			 servicesThe requirements of subsection (a) shall not apply to a
			 customer service communication relating to the provision of emergency services
			 (as defined by the Federal Trade Commission).
				(4)Business
			 entities and customer service communications excluded by Federal Trade
			 CommissionThe Federal Trade Commission may exclude certain
			 classes or types of business entities or customer service communications from
			 the requirements of subsection (a) if the Commission finds exceptionally
			 compelling circumstances that justify such exclusion.
				(c)Transfer to
			 U.S.-Based customer service centerA business entity that is
			 subject to the requirements of subsection (a) shall, at the request of a
			 customer, transfer the customer to a customer service agent who is physically
			 located in the United States.
			(d)Certification
			 requirementEach year, each business entity that participates in
			 a customer service communication shall certify to the Federal Trade Commission
			 that it has complied or failed to comply with the requirements of subsections
			 (a) and (c).
			(e)RegulationsNot later than 1 year after the date of the
			 enactment of this Act, the Federal Trade Commission shall promulgate such
			 regulations as may be necessary to carry out the provisions of this
			 section.
			(f)Effective
			 dateThe requirements of subsection (a) shall apply with respect
			 to customer service communications occurring on or after the date that is 1
			 year after the date of the enactment of this Act.
			6.Enforcement
			(a)In
			 generalAny failure to comply
			 with the provisions of section 5 shall be treated as a violation of a
			 regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15
			 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
			(b)Powers of
			 Federal Trade Commission
				(1)In
			 generalThe Federal Trade
			 Commission shall prevent any person from violating section 5 and any regulation
			 promulgated thereunder, in the same manner, by the same means, and with the
			 same jurisdiction, powers, and duties as though all applicable terms and
			 provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were
			 incorporated into and made a part of this Act.
				(2)PenaltiesAny person who violates regulations
			 promulgated under section 5 shall be subject to the penalties and entitled to
			 the privileges and immunities provided in the Federal Trade Commission Act in
			 the same manner, by the same means, and with the same jurisdiction, power, and
			 duties as though all applicable terms and provisions of the Federal Trade
			 Commission Act were incorporated into and made part of this Act.
				(c)Authority
			 preservedNothing in this
			 section or section 5 shall be construed to limit the authority of the Federal
			 Trade Commission under any other provision of law.


116 S291 IS: Housing Choice Voucher Mobility Demonstration Act of 2019
U.S. Senate
2019-01-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 291IN THE SENATE OF THE UNITED STATESJanuary 31, 2019Mr. Young (for himself, Mr. Van Hollen, Mr. Rubio, Ms. Klobuchar, Mr. Blunt, and Ms. Hassan) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo authorize the Secretary of Housing and Urban Development to carry out a housing choice voucher
			 mobility demonstration to encourage families receiving the voucher
			 assistance to move to lower-poverty areas and expand access to opportunity
			 areas.

 1.Short titleThis Act may be cited as the Housing Choice Voucher Mobility Demonstration Act of 2019. 2.Housing choice voucher mobility demonstration (a)DefinitionsIn this section:
 (1)Families; public housing agencyThe terms families and public housing agency have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
 (2)Housing choice voucher assistanceThe term housing choice voucher assistance means voucher assistance provided under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)).
 (3)PlanThe term Plan means a Regional Housing Mobility Plan submitted under subsection (d). (4)SecretaryThe term Secretary means the Secretary of Housing and Urban Development.
 (b)AuthorityThe Secretary may carry out a mobility demonstration program to enable public housing agencies to administer housing choice voucher assistance in a manner designed to encourage families receiving that assistance to move to lower-poverty areas and expand access to opportunity areas.
			(c)Selection of PHAs
 (1)RequirementsThe Secretary shall establish requirements for public housing agencies to participate in the demonstration program under this section, which shall provide that the following public housing agencies may participate:
 (A)Public housing agencies that together— (i)serve areas with high concentrations of families receiving housing choice voucher assistance in poor, low-opportunity neighborhoods; and
 (ii)have an adequate number of moderately priced rental units in higher-opportunity areas. (B)Planned consortia or partial consortia of public housing agencies that—
 (i)include not less than 1 public housing agency with a high-performing Family Self-Sufficiency program carried out under section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437u); and
 (ii)will enable participating families to continue in the Family Self-Sufficiency program if the family relocates to the jurisdiction served by any other public housing agency of the consortium.
 (C)Planned consortia or partial consortia of public housing agencies that— (i)serve jurisdictions within a single region;
 (ii)include not less than 1 small public housing agency; and (iii)will consolidate mobility-focused operations.
 (D)Such other public housing agencies as the Secretary considers appropriate. (2)Selection criteriaThe Secretary shall establish competitive selection criteria for public housing agencies eligible under paragraph (1) to participate in the demonstration program under this section.
 (3)Random selection of familiesThe Secretary may require public housing agencies participating in the demonstration program under this section to use a randomized selection process to select among the families eligible to receive assistance under the demonstration program.
 (d)Regional housing mobility planThe Secretary shall require each public housing agency applying to participate in the demonstration program under this section to submit a Regional Housing Mobility Plan, which shall—
 (1)identify the public housing agencies that will participate under the Plan and the number of vouchers each participating public housing agency will make available out of their existing programs in connection with the demonstration program;
 (2)identify any community-based organizations, nonprofit organizations, businesses, and other entities that will participate under the Plan and describe the commitments for the participation made by each such entity;
 (3)identify any waivers or alternative requirements requested for the execution of the Plan; (4)identify any specific actions that the public housing agencies and other entities will undertake to accomplish the goals of the demonstration program, which shall include a comprehensive approach to enable a successful transition to opportunity areas and may include counseling and continued support for families;
 (5)specify the criteria that the public housing agencies would use to identify opportunity areas under the Plan;
 (6)provide for the establishment of priority and preferences for families receiving assistance under the demonstration program, including a preference for families with young children, as such term is defined by the Secretary, based on regional housing needs and priorities; and
 (7)comply with any other requirements established by the Secretary. (e)Funding for Mobility-Related Services (1)Use of administrative feesEach public housing agency participating in the demonstration program under this section may use administrative fees under section 8(q) of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)), any administrative fee reserves of the public housing agency, and funding from private entities to provide mobility-related services in connection with the demonstration program, including services such as counseling, portability coordination, landlord outreach, security deposits, and administrative activities associated with establishing and operating regional mobility programs.
 (2)Use of housing assistance fundsEach public housing agency participating in the demonstration program under this section may use housing assistance payment contract funds under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for security deposits if necessary to enable families to lease units with housing choice voucher assistance in designated opportunity areas.
				(f)Waivers; alternative requirements
 (1)WaiversTo allow for public housing agencies to implement and administer the Plan of the public housing agency under the demonstration program under this section, the Secretary may waive or specify alternative requirements for the following provisions of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.):
 (A)Paragraphs (7)(A) and (13)(E)(i) of section 8(o) (42 U.S.C. 1437f(o)) (relating to the term of a lease and mobility requirements).
 (B)Section 8(o)(13)(C)(i) (42 U.S.C. 1437f(o)(13)(C)(i)) (relating to the public housing agency plan). (C)Section 8(r)(2) (42 U.S.C. 1437f(r)(2)) (relating to the responsibility of a public housing agency to administer portable assistance).
 (2)Alternative RequirementsThe Secretary shall provide additional authority for public housing agencies in a selected region to form a consortium that has a single housing assistance payment contract, or to enter into a partial consortium to operate all or portions of the Plan, including public housing agencies participating in the Moving To Work demonstration program established under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (Public Law 104–134; 110 Stat. 1321–281).
 (3)Effective dateAny waiver or alternative requirements pursuant to this subsection shall not take effect before the date that is 10 days after the date on which the date on which the Secretary publishes a notice of the waiver or alternative requirement in the Federal Register.
 (g)ImplementationThe Secretary may implement the demonstration program under this section, including the terms, procedures, requirements, and conditions of the demonstration, by notice.
			(h)Evaluation
 (1)In generalNot later than 5 years after the implementation of the regional housing mobility programs by public housing agencies participating in the demonstration program under this section, the Secretary shall submit to Congress and publish in the Federal Register a report evaluating the effectiveness of the strategies pursued under the demonstration program, subject to the availability of funding to conduct the evaluation.
 (2)Dissemination of findingsThe Secretary shall— (A)through internet websites and other means, disseminate interim findings relating to the demonstration program under this section as they become available; and
 (B)if promising strategies are identified through the findings described in subparagraph (A), notify Congress of the amount of funds that would be required to expand the testing of these strategies in additional types of public housing agencies and housing markets.