109 HR 287 IH: Legal Immigrant Health Restoration Act of 2005
U.S. House of Representatives
2005-01-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 287
IN THE HOUSE OF REPRESENTATIVES

January 6, 2005
Mr. Towns introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To amend title XIX of the Social Security Act to assure coverage for legal immigrant children and pregnant women under the Medicaid Program and the State children’s health insurance program (SCHIP).

1.Short titleThis Act may be cited as the Legal Immigrant Health Restoration Act of 2005.
2.Coverage of legal immigrant pregnant women and children under the medicaid program and SCHIP
(a)Medicaid Program Section 1903(v) of the Social Security Act (42 U.S.C. 1396b(v)) is amended by adding at the end the following new paragraph:

(4)
(A)Notwithstanding sections 401(a), 402(b), 403, and 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, a State plan under this title shall provide (in a plan amendment) medical assistance under this title for aliens who are lawfully residing in the United States (including battered aliens described in section 431(c) of such Act) and who are otherwise eligible for such assistance, within either of the following eligibility categories:
(i)Pregnant womenWomen during pregnancy (and during the 60-day period beginning on the last day of the pregnancy).
(ii)ChildrenChildren (as defined under such plan), including optional targeted low-income children described in section 1905(u)(2)(B).
(B)No debt shall accrue under an affidavit of support against any sponsor of an alien within a category of aliens under subparagraph (A) on the basis of provision of assistance to such category and the cost of such assistance shall not be considered as an unreimbursed cost..
(b)SCHIPSection 2107(e)(1) of such Act (42 U.S.C. 1397gg(e)(1)) as amended by section 803 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, as enacted into law by section 1(a)(6) of Public Law 106–554, is amended by redesignating subparagraphs (C) and (D) as subparagraph (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph:

(C)Section 1903(v)(4) (relating to coverage of categories of permanent resident alien children)..
(c)Effective DateThe amendments made by this section shall take effect on October 1, 2006, and apply to medical assistance and child health assistance furnished on or after such date.


113 SRES 284 ATS: Calling on the Government of Iran to immediately release Saeed Abedini and all other individuals detained on account of their religious beliefs.
U.S. Senate
2013-10-31
text/xml
EN
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III113th CONGRESS1st SessionS. RES. 284IN THE SENATE OF THE UNITED STATESOctober 31, 2013Mr. Risch (for himself, Mr. Leahy, Mr. Crapo, Mr. Paul, Mr. Cruz, Mr. Rubio, Mr. Kirk, Mr. Portman, Mr. Moran, Mr. Blunt, Mr. Johanns, and Mr. Cornyn) submitted the following resolution; which was referred to the Committee on Foreign RelationsNovember 14, 2013Committee discharged; considered and agreed toRESOLUTIONCalling on the Government of Iran to immediately release Saeed Abedini and all other individuals detained on account of their religious beliefs.Whereas, in September 2012, Saeed Abedini, a resident of the State of Idaho and a minority Christian with dual Iranian–United States citizenship, was arbitrarily detained in the Islamic Republic of Iran, held in solitary confinement, physically beaten, denied access to necessary medical treatment  as a result of that abuse, and denied access to his lawyer until just before his trial;Whereas, in January 2013, an Iranian court accused Saeed Abedini of attempting to undermine the national security of Iran by gathering with fellow Christians in private homes;Whereas Saeed Abedini was tried in a non-public trial before a judge who had been sanctioned by the European Union for repeated violations of human rights, including issuing long prison sentences to peaceful protestors following the 2009 election;Whereas, during the trial, Saeed Abedini and his Iranian attorney were barred from attending portions of the trial in which the prosecution provided and the judge received evidence through witness testimony;Whereas the Iranian court sentenced Saeed Abedini to 8 years in prison;Whereas, in August 2013, the 36th branch of the Tehran appeals court denied Saeed Abedini’s appeal and affirmed his 8-year sentence;Whereas the Government of Iran continues to indefinitely imprison Saeed Abedini for peacefully exercising his faith;Whereas the United Nations Universal Declaration of Human Rights declares that every individual has the right to freedom of thought, conscience and religion, which includes the freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance, and the International Covenant on Civil and Political Rights echoes that declaration;Whereas the International Covenant on Civil and Political Rights holds that every individual shall be free from arbitrary arrest and detention, and that every individual bears the right to have adequate time and facilities for the preparation of his defense and to be present during the duration of his trial;Whereas the International Covenant on Civil and Political Rights further guarantees every individual the right to a fair and public hearing by a competent, independent, and impartial tribunal;Whereas Iran is a member of the United Nations and a signatory to both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights without reservation;Whereas articles 13 and 23 through 27 of the Constitution of the Islamic Republic of Iran provide for freedom of expression, assembly, and association, as well as the freedom to practice one’s religion;Whereas Iran is a religiously diverse society and the United Nations Special Rapporteur on the Situation of Human Rights in the Islamic Republic of Iran reports that religious minorities, including Nematullahi Sufi Muslims, Sunnis, Baha’is, and Christians, face human rights violations in Iran;Whereas, in recent years, there has been an increase in the number of incidents of Iranian authorities raiding religious services, detaining worshipers and religious leaders, and harassing and threatening minority religious members;Whereas the United Nations Special Rapporteur reports that Iranian intelligence officials are known to threaten Christian converts with arrest and apostasy charges if they do not return to Islam; andWhereas President Barack Obama has called on President Hassan Rouhani to demonstrate the commitment of Iran to individual human rights through the release of all prisoners of conscience:
    Now, therefore, be itThat the Senate—(1)recognizes that freedom of religious belief and practice is a universal human right and a fundamental freedom of every individual, regardless of race, sex, country, creed, or nationality, and should never be arbitrarily abridged by any government;(2)recognizes that governments have a responsibility to protect the fundamental rights of their citizens; and(3)calls on the Government of Iran to immediately release Saeed Abedini and all other individuals detained on account of their religious beliefs.


V
108th CONGRESS
2d Session
H. R. 5036
IN THE HOUSE OF REPRESENTATIVES

September 8, 2004
Mr. Baca introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To extend the patent numbered RE 38,014 (BIEBERSTEIN) for a period of 2 years.

1.Extension of patentThe Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall, when patent numbered RE 38,014 (BIEBERSTEIN) (relating to the Maglite flashlight) expires, extend such patent for 2 years, with all the rights pertaining to such patent.


115 HR 217 IH: Title X Abortion Provider Prohibition Act
U.S. House of Representatives
2017-01-03
text/xml
EN
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I115th CONGRESS1st SessionH. R. 217IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2017Mrs. Black introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title X of the Public Health Service Act to prohibit family planning grants from being
			 awarded to any entity that performs abortions, and for other purposes.

 1.Short titleThis Act may be cited as the Title X Abortion Provider Prohibition Act. 2.Prohibition on abortionTitle X of the Public Health Service Act (42 U.S.C. 300 et seq.) is amended by adding at the end the following:

				1009.Additional prohibition regarding abortion
 (a)ProhibitionThe Secretary shall not provide any assistance under this title to an entity unless the entity certifies that, during the period of such assistance, the entity will not perform, and will not provide any funds to any other entity that performs, an abortion.
 (b)ExceptionSubsection (a) does not apply with respect to an abortion where— (1)the pregnancy is the result of rape or incest; or
 (2)a physician certifies that the woman suffers from a physical disorder, physical injury, or physical illness that would place the woman in danger of death unless an abortion is performed, including a life-threatening physical condition caused by or arising from the pregnancy itself.
 (c)HospitalsSubsection (a) does not apply with respect to a hospital, so long as such hospital does not, during the period of assistance described in subsection (a), provide funds to any non-hospital entity that performs an abortion (other than an abortion described in subsection (b)).
 (d)Annual reportNot later than 60 days after the date of the enactment of the Title X Abortion Provider Prohibition Act, and annually thereafter, for the fiscal year involved, the Secretary shall submit a report to the Congress containing—
 (1)a list of each entity receiving a grant under this title; (2)for each such entity performing abortions under the exceptions described in subsection (b)—
 (A)the total number of such abortions; (B)the number of such abortions where the pregnancy is the result of rape;
 (C)the number of such abortions where the pregnancy is the result of incest; and (D)the number of such abortions where a physician provides a certification described in subsection (b)(2);
 (3)a statement of the date of the latest certification under subsection (a) for each entity receiving a grant under this title; and
 (4)a list of each entity to which an entity described in paragraph (1) makes available funds received through a grant under this title.
 (e)DefinitionsIn this section: (1)The term entity means the entire legal entity, including any entity that controls, is controlled by, or is under common control with such entity.
 (2)The term hospital has the meaning given to such term in section 1861(e) of the Social Security Act..


		III
		112th CONGRESS
		2d Session
		S. RES. 409
		IN THE SENATE OF THE UNITED STATES

			March 28, 2012
			Mr. Akaka (for himself,
			 Mr. Enzi, Mr.
			 Baucus, Mr. Blunt,
			 Mr. Cardin, Mr.
			 Carper, Mr. Cochran,
			 Mr. Coons, Mr.
			 Crapo, Mr. Durbin,
			 Mrs. Hagan, Mr.
			 Inouye, Mr. Johnson of South
			 Dakota, Mr. Kohl,
			 Ms. Landrieu, Mr. Lautenberg, Mr.
			 Menendez, Mrs. Murray,
			 Mr. Wicker, and Mr. Brown of Ohio) submitted the following
			 resolution; which was considered and agreed to

		RESOLUTION
		Designating April 2012 as Financial
		  Literacy Month.

		Whereas according to the Federal Deposit Insurance
			 Corporation, at least 25.6 percent of households in the United States, or close
			 to 30,000,000 households with approximately 60,000,000 adults, are unbanked or
			 underbanked and, subsequently, have missed opportunities for savings, lending,
			 and basic financial services;
		Whereas according to the 2011 Consumer Financial Literacy
			 Survey Final Report of the National Foundation for Credit Counseling, 41
			 percent of adults in the United States, or more than 77,000,000 adults living
			 in the United States, gave themselves a grade of C, D, or F on their knowledge
			 of personal finance;
		Whereas according to the National Bankruptcy Research
			 Center, the number of personal bankruptcy filings reached 1,500,000 in 2010,
			 the highest number since 2005, and in 2011, the percentage of total consumer
			 filings increased from 2010;
		Whereas the 2011 Retirement Confidence Survey conducted by
			 the Employee Benefit Research Institute found that only 13 percent of workers
			 were very confident about having enough money for a comfortable
			 retirement, a sharp decline in worker confidence from the 27 percent of workers
			 who were very confident in 2007;
		Whereas according to the 2011 Retirement Confidence Survey
			 conducted by the Employee Benefit Research Institute, less than half of workers
			 (42 percent) in the United States have tried to calculate how much they need to
			 save for retirement;
		Whereas according to a 2011 Flow of Funds
			 report by the Board of Governors of the Federal Reserve System, household debt
			 stood at $13,200,000,000,000 at the end of the third quarter of 2010;
		Whereas according to the 2011 Consumer Financial Literacy
			 Survey Final Report of the National Foundation for Credit Counseling, 28
			 percent, or nearly 64,000,000 adults, admit to not paying all of their bills on
			 time;
		Whereas according to the 2011 Consumer Financial Literacy
			 Survey Final Report of the National Foundation for Credit Counseling, only 43
			 percent of adults keep close track of their spending, and more than 128,400,000
			 adults do not know how much they spend on food, housing, and entertainment, and
			 do not monitor their overall spending;
		Whereas according to the 2011 Consumer Financial Literacy
			 Survey Final Report of the National Foundation for Credit Counseling, 1 in 3
			 adults in the United States, or more than 75,600,000 individuals, report that
			 they have no savings, and only 22 percent of adults in the United States are
			 now saving more than they did a year ago because of the current economic
			 climate;
		Whereas according to the seventh Council for Economic
			 Education biennial Survey of the States 2011: Economic, Personal Finance, and
			 Entrepreneurship Education in Our Nation’s Schools, only 22 States require
			 students to take an economics course as a high school graduation requirement,
			 and only 16 States require the testing of student knowledge in
			 economics;
		Whereas according to the seventh Council for Economic
			 Education biennial Survey of the States 2011: Economic, Personal Finance, and
			 Entrepreneurship Education in Our Nation’s Schools, only 12 States require
			 students to take a personal finance course either independently or as part of
			 an economics course as a high school graduation requirement;
		Whereas according to the Gallup-Operation HOPE Financial
			 Literacy Index, while 69 percent of American students strongly believe that the
			 best time to save money is now, only 57 percent believe that their parents are
			 saving money for the future;
		Whereas expanding access to the mainstream financial
			 system will provide individuals with less expensive and more secure options for
			 managing finances and building wealth;
		Whereas quality personal financial education is essential
			 to ensure that individuals are prepared to manage money, credit, and debt, and
			 to become responsible workers, heads of households, investors, entrepreneurs,
			 business leaders, and citizens;
		Whereas increased financial literacy empowers individuals
			 to make wise financial decisions and reduces the confusion caused by an
			 increasingly complex economy;
		Whereas a greater understanding of, and familiarity with,
			 financial markets and institutions will lead to increased economic activity and
			 growth;
		Whereas, in 2003, Congress found it important to
			 coordinate Federal financial literacy efforts and formulate a national
			 strategy; and
		Whereas, in light of that finding, Congress passed the
			 Financial Literacy and Education Improvement Act (20 U.S.C. 9701 et seq.),
			 establishing the Financial Literacy and Education Commission: Now, therefore,
			 be it

		That the Senate—
			(1)designates April
			 2012 as Financial Literacy Month to raise public awareness
			 about—
				(A)the importance of
			 personal financial education in the United States; and
				(B)the serious
			 consequences that may result from a lack of understanding about personal
			 finances; and
				(2)calls on the
			 Federal Government, States, localities, schools, nonprofit organizations,
			 businesses, and the people of the United States to observe the month with
			 appropriate programs and activities.


109 HR 1416 IH: Medicare Diabetic Footwear Quality Restoration Act of 2005
U.S. House of Representatives
2005-03-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1416
IN THE HOUSE OF REPRESENTATIVES

March 17, 2005
Mrs. McCarthy introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To repeal the reduction in Medicare payment for therapeutic shoes and inserts for individuals with diabetes effected by section 627 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.

1.Short titleThis Act may be cited as the Medicare Diabetic Footwear Quality Restoration Act of 2005.
2.Repeal of the reduction in medicare payment for orthopedic shoes and inserts for individuals with diabetes
(a)In generalSection 627(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173) is amended by inserting , and before January 1, 2006 after January 1, 2005.
(b)Conforming lawFor items furnished on and after January 1, 2006, the provisions of sections 1833(o), 1834(h)(4)(C), and 1842(s)(2) of the Social Security Act (42 U.S.C. 1395l(o), 1395m(h)(4)(C), 1395u(s)(2)) shall be restored as if the amendments made by subsections (a) and (b) of section 627 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173) had not been enacted.


		I
		112th CONGRESS
		2d Session
		H. R. 6208
		IN THE HOUSE OF REPRESENTATIVES

			July 26, 2012
			Mr. Farenthold
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To temporarily limit the authority of the Secretary of
		  the Interior to require or authorize the removal or movement of offshore oil
		  and gas facilities.

		1.Short titleThis Act may be cited as the
			 Retaining Essential Environmental
			 Fishing Structures Act or the REEFS Act .
		2.Temporary limitation
			 on authority to require or authorize removal or movement of offshore oil and
			 gas facilities
			(a)In
			 generalExcept as provided in
			 subsection (b), during the 2-year period beginning on the date of the enactment
			 of this Act the Secretary of the Interior may not require or authorize the
			 removal or movement of any facility used for oil or gas activities under a
			 lease under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
			 notwithstanding any requirement under that Act, a lease under that Act, or any
			 other Federal law.
			(b)ExceptionSubsection (a) shall not apply with respect
			 to removal or movement of a facility for purposes of temporary abandonment of a
			 well in accordance with section 250.1721 of title 30, Code of Federal
			 Regulations (as in effect on the date of the enactment of this Act) because of
			 an emergency identified by the Secretary of the Interior.
			(c)Facility
			 definedIn this section the term facility as the
			 meaning that term has under section 250.1700(c) of title 30, Code of Federal
			 Regulations (as in effect on the date of the enactment of this Act).


115 SJ 54 ES: To direct the removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been authorized by Congress.
U.S. Senate

text/xml
EN
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115th CONGRESS2d SessionS. J. RES. 54IN THE SENATE OF THE UNITED STATESJOINT RESOLUTIONTo direct the removal of United States Armed Forces from hostilities in the Republic of Yemen that
			 have not been authorized by Congress.

 Whereas Congress has the sole power to declare war under article I, section 8, clause 11 of the United States Constitution;
 Whereas Congress has not declared war with respect to, or provided a specific statutory authorization for, the conflict between military forces led by Saudi Arabia, including forces from the United Arab Emirates, Bahrain, Kuwait, Egypt, Jordan, Morocco, Senegal, and Sudan (the Saudi-led coalition), against the Houthis, also known as Ansar Allah, in the Republic of Yemen;
 Whereas, since March 2015, members of the United States Armed Forces have been introduced into hostilities between the Saudi-led coalition and the Houthis, including providing to the Saudi-led coalition aerial targeting assistance, intelligence sharing, and mid-flight aerial refueling;
 Whereas the United States has established a Joint Combined Planning Cell with Saudi Arabia, in which members of the United States Armed Forces assist in aerial targeting and help to coordinate military and intelligence activities;
 Whereas, in December 2017, Secretary of Defense James N. Mattis stated, We have gone in to be very—to be helpful where we can in identifying how you do target analysis and how you make certain you hit the right thing.;
 Whereas the conflict between the Saudi-led coalition and the Houthis constitutes, within the meaning of section 4(a) of the War Powers Resolution (50 U.S.C. 1543(a)), either hostilities or a situation where imminent involvement in hostilities is clearly indicated by the circumstances into which United States Armed Forces have been introduced;
 Whereas section 5(c) of the War Powers Resolution (50 U.S.C. 1544(c)) states that at any time that United States Armed Forces are engaged in hostilities outside the territory of the United States, its possessions and territories without a declaration of war or specific statutory authorization, such forces shall be removed by the President if the Congress so directs;
 Whereas section 8(c) of the War Powers Resolution (50 U.S.C. 1547(c)) defines the introduction of United States Armed Forces to include the assignment of members of such armed forces to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such military forces are engaged, or there exists an imminent threat that such forces will become engaged, in hostilities, and activities that the United States is conducting in support of the Saudi-led coalition, including aerial refueling and targeting assistance, fall within this definition;
 Whereas section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) provides that any joint resolution or bill to require the removal of United States Armed Forces engaged in hostilities without a declaration of war or specific statutory authorization shall be considered in accordance with the expedited procedures of section 601(b) of the International Security and Arms Export Control Act of 1976 (Public Law 94–329; 90 Stat. 765); and
 Whereas no specific statutory authorization for the use of United States Armed Forces with respect to the conflict between the Saudi-led coalition and the Houthis in Yemen has been enacted, and no provision of law explicitly authorizes the provision of targeting assistance or of midair refueling services to warplanes of Saudi Arabia or the United Arab Emirates that are engaged in such conflict: Now, therefore, be it

		1.Removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been
 authorized by CongressPursuant to section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) and in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 (Public Law 94–329; 90 Stat. 765), Congress hereby directs the President to remove United States Armed Forces from hostilities in or affecting the Republic of Yemen, except United States Armed Forces engaged in operations directed at al Qaeda or associated forces, by not later than the date that is 30 days after the date of the adoption of this joint resolution (unless the President requests and Congress authorizes a later date), and unless and until a declaration of war or specific authorization for such use of United States Armed Forces has been enacted. For purposes of this resolution, in this section, the term hostilities includes in-flight refueling of non-United States aircraft conducting missions as part of the ongoing civil war in Yemen.
 2.Rule of construction regarding continued Military Operations and Cooperation with IsraelNothing in this joint resolution shall be construed to influence or disrupt any military operations and cooperation with Israel.
 3.Report on risks posed by ceasing Saudi Arabia support operationsNot later than 90 days after the date of the enactment of this joint resolution, the President shall submit to Congress a report assessing the risks posed to United States citizens and the civilian population of the Kingdom of Saudi Arabia and the risk of regional humanitarian crises if the United States were to cease support operations with respect to the conflict between the Saudi-led coalition and the Houthis in Yemen.
		4.Report on increased risk of terrorist attacks to United States forces abroad, allies, and the
			 continental United States if Saudi Arabia ceases Yemen-related
			 intelligence
 sharing with the United StatesNot later than 90 days after the date of the enactment of this joint resolution, the President shall submit to Congress a report assessing the increased risk of terrorist attacks on United States Armed Forces abroad, allies, and to the continental United States if the Government of Saudi Arabia were to cease Yemen-related intelligence sharing with the United States.Passed the Senate December 13, 2018.Secretary


115 S1163 IS: Veterans' Health Care Integrity Act of 2017
U.S. Senate
2017-05-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 1163IN THE SENATE OF THE UNITED STATESMay 17, 2017Mr. Cornyn (for himself, Mr. Nelson, Mr. Hatch, Mr. Cruz, and Mr. Cotton) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo require the Secretary of Veterans Affairs to ensure compliance of medical facilities of the
			 Department of Veterans Affairs with requirements relating to the
			 scheduling of appointments, to require appointment by the President and
			 confirmation by the Senate of certain health care officials of the
			 Department, and for other purposes.

 1.Short titleThis Act may be cited as the Veterans' Health Care Integrity Act of 2017. 2.Compliance of medical facilities with requirements relating to scheduling of appointments for hospital care and medical services (a)Annual certification (1)In generalThe Secretary of Veterans Affairs shall ensure that the director of each medical facility of the Department of Veterans Affairs annually certifies to the Secretary that—
 (A)the medical facility is in full compliance with all regulations and other provisions of law relating to scheduling appointments for veterans to receive hospital care or medical services, including Veterans Health Administration Directive 1230 or any successor directive; and
 (B)any official data on wait times for appointments to receive hospital care or medical services submitted by the director to the Secretary during the year preceding the submittal of the certification is true and accurate to the best of the director's knowledge.
 (2)Prohibition on waiverThe Secretary may not waive any regulation or other provision of law described in paragraph (1) for a medical facility of the Department if such regulation or other provision of law otherwise applies to the medical facility.
 (b)Explanation of noncomplianceIf a director of a medical facility of the Department does not make a certification under subsection (a)(1) for any year, the director shall submit to the Secretary a report containing—
 (1)an explanation of why the director is unable to make such certification; and (2)a description of the actions the director is taking to ensure full compliance with the regulations and other provisions of law described in such subsection.
				(c)Prohibition on bonuses based on noncompliance
 (1)In generalIf a director of a medical facility of the Department does not make a certification under subsection (a)(1) for any year, no covered official described in paragraph (2) may receive an award or bonus under chapter 45 or 53 of title 5, United States Code, or any other award or bonus authorized under such title or title 38, United States Code, during the year following the year in which the certification was not made.
 (2)Covered official describedA covered official described in this paragraph is each official who serves in the following positions at a medical facility of the Department during a year, or portion thereof, for which the director does not make a certification under subsection (a)(1):
 (A)The director. (B)The chief of staff.
 (C)The associate director. (D)The associate director for patient care.
 (E)The deputy chief of staff. (d)Annual reportNot less frequently than annually, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing, with respect to the year covered by the report—
 (1)a list of each medical facility of the Department for which a certification was made under subsection (a)(1); and
 (2)a list of each medical facility of the Department for which such a certification was not made, including a copy of each report submitted to the Secretary under subsection (b).
				3.Uniform application of directives and policies of Department of Veterans Affairs
 (a)In generalThe Secretary of Veterans Affairs shall apply the directives and policies of the Department of Veterans Affairs to each office or facility of the Department in a uniform manner.
 (b)NotificationIf the Secretary does not uniformly apply the directives and policies of the Department pursuant to subsection (a), including by waiving such a directive or policy with respect to an office, facility, or element of the Department, the Secretary shall notify the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives of such nonuniform application, including an explanation for the nonuniform application.
			4.Requirement for appointment and confirmation of certain officials of Department of
			 Veterans Affairs
 (a)Principal Deputy Under Secretary for HealthSubsection (c) of section 7306 of title 38, United States Code, is amended to read as follows:  (c)(1)Except as provided in paragraph (2), appointments under subsection (a) shall be made by the Secretary.
 (2)Appointments under subsection (a)(1) shall be made by the President, by and with the advice and consent of the Senate.
 (3)In the case of appointments under paragraphs (1), (2), (3), (4), and (8) of subsection (a), such appointments shall be made upon the recommendation of the Under Secretary for Health..
			(b)Other Deputy Under Secretary positions
 (1)In generalNotwithstanding any other provision of law, the Deputy Under Secretary for Health for Operations and Management of the Department of Veterans Affairs, the Deputy Under Secretary for Health for Policy and Services of the Department, the Principal Deputy Under Secretary for Benefits of the Department, the Deputy Under Secretary for Disability Assistance of the Department, and the Deputy Under Secretary for Field Operations of the Department shall be appointed by the President, by and with the advice and consent of the Senate.
 (2)Rule of constructionNothing in this subsection shall be construed to authorize the establishment of any new position within the Department of Veterans Affairs.
 (c)ApplicationSubsection (b) and the amendment made by subsection (a) shall apply to appointments made on and after the date of the enactment of this Act.


116 HR 3760 IH: Point Roberts Small Business Fairness Act
U.S. House of Representatives
2021-06-08
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.

I117th CONGRESS1st SessionH. R. 3760IN THE HOUSE OF REPRESENTATIVESJune 8, 2021Ms. DelBene introduced the following bill; which was referred to the Committee on Small BusinessA BILLTo direct the Administrator of the Small Business Administration to establish a forgivable loan program for certain businesses located near the United States and Canadian border, and for other purposes.1.Short titleThis Act may be cited as the Point Roberts Small Business Fairness Act.2.DefinitionsIn this Act:(1)AdministratorThe term Administrator means the Administrator of the Small Business Administration.(2)Covered businessThe term covered business means a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632))—(A)located in the contiguous United States;(B)located within 75 miles of the United States and Canadian border; and(C)only accessible by land via Canada. 3.Forgivable loan program for covered businesses(a)In generalThe Administrator shall establish a program to make forgivable loans available to covered businesses that had gross receipts during the second, third, or fourth quarter of 2020 that demonstrate a greater than 50 percent reduction from the gross receipts of the entity during the same quarter in 2019.(b)EligibilityTo be eligible for a forgivable loan under subsection (a), a covered business shall—(1)have been in operation on March 1, 2020; and(2)show that the closure of the United States and Canadian border—(A)directly resulted in a reduction in the gross receipts of the covered business; or(B)restricted the ability of customers to access the location of the covered business.(c)Loan amountThe maximum loan amount under subsection (a) shall be equal to 75 percent of the gross annual receipts for the covered business for fiscal year 2019.(d)ForgivenessNot later than 1 year after the date of enactment of this Act, the Administrator shall forgive 100 percent of the value of a loan made to a covered business under subsection (a) less the amount the covered business received from—(1)any other loan forgiveness program, including any program established under the CARES Act (Public Law 116–136); or(2)an advance under section 1110 of the CARES Act (15 U.S.C. 9009).


		II
		109th CONGRESS
		2d Session
		S. 3851
		IN THE SENATE OF THE UNITED STATES

			September 6, 2006
			Ms. Murkowski introduced
			 the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To provide for the extension of preliminary permit
		  periods by the Federal Energy Regulatory Commission for certain hydroelectric
		  projects in the State of Alaska.

		1.Extension of preliminary
			 permit periods
			(a)DefinitionsIn this section:
				(1)CommissionThe
			 term Commission means the Federal Energy Regulatory
			 Commission.
				(2)Thomas Bay
			 projectThe term Thomas Bay project means—
					(A)the hydroelectric
			 project of the Commission at Cascade Creek, Alaska, preliminary permit number
			 12495, dated October 8, 2004;
					(B)the hydroelectric
			 project of the Commission at Ruth Lake, Alaska, preliminary permit number
			 12619, dated February 23, 2006; and
					(C)the hydroelectric
			 project of the Commission at Scenery Lake, Alaska, preliminary permit number
			 12621, dated February 23, 2006.
					(b)ExtensionNotwithstanding section 5 of the Federal
			 Power Act (16 U.S.C. 798) or any other provision of law (including
			 regulations), on receipt of a request from the preliminary permit holder of a
			 Thomas Bay project and after providing reasonable notice, the Commission may
			 extend the period of the preliminary permit for the Thomas Bay project for not
			 more than 2 consecutive 3-year periods following the expiration of the initial
			 preliminary permit for the Thomas Bay project, in accordance with applicable
			 procedures of the Commission.


115 HR 1054 IH: Botanical Sciences and Native Plant Materials Research, Restoration, and Promotion Act
U.S. House of Representatives
2017-02-14
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. 1054IN THE HOUSE OF REPRESENTATIVESFebruary 14, 2017Mr. Quigley (for himself and Ms. Ros-Lehtinen) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Armed Services, Transportation and Infrastructure, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo promote botanical research and botanical sciences capacity, and for other purposes.

 1.Short titleThis Act may be cited as the Botanical Sciences and Native Plant Materials Research, Restoration, and Promotion Act. 2.Table of contentsThe table of contents for this Act is as follows:

				Sec. 1. Short title.
				Sec. 2. Table of contents.
				Sec. 3. Definitions.
				Title I—Promoting Botanical Research and Botanical Sciences Capacity
				Sec. 101. Department of the Interior botanical research.
				Sec. 102. Staff enhancement.
				Title II—Generating Demand For Native Plant Materials
				Sec. 201. Policy for use of locally adapted native plant materials by Department of Agriculture and
			 Department of the Interior.
				Sec. 202. Policy for use of locally adapted native plant materials by Department of Defense.
				Sec. 203. Surface transportation program.
				Sec. 204. Native plant materials requirements for Federal development projects.
				Title III—Authorization of Federal Native Plant Materials Related Activities
				Sec. 301. Interagency plant materials efforts.
				Sec. 302. Bureau of Land Management Plant conservation program.
				Sec. 303. National Fish and Wildlife Foundation Plant conservation programs.
				Sec. 304. Grants to support collaborative efforts to prevent endangered species status.
 3.DefinitionsAs used in this Act, the following terms have the following meanings: (1)Invasive plant speciesThe term invasive plant species means a plant species that is nonnative with respect to an ecosystem and whose introduction into that ecosystem will cause, or is likely to cause, economic harm, environmental harm, or harm to human, animal, or plant health.
 (2)Locally adaptedThe term locally adapted with respect to plants, means plants that originate from an area that is geographically proximate to a planting area and that are environmentally adapted to, and likely to succeed in becoming established and persisting within, such area.
 (3)Native plant speciesThe term native plant species means indigenous terrestrial and aquatic plant species that evolved naturally in a defined native ecosystem.
 (4)Nonnative plant speciesThe term nonnative plant species means a plant that has been introduced by humans to a location outside its native or natural range and may, depending on relevant facts and circumstances, include a species introduced from another continent, ecosystem, seed zone, or habitat within an ecosystem.
 (5)Plant materialsThe term plant materials includes, with respect to a native plant species or a nonnative plant species, such a plant or its seeds, eggs, spores, or other biological material capable of propagating that species.
			IPromoting Botanical Research and Botanical Sciences Capacity
			101.Department of the Interior botanical research
 (a)In GeneralThe Secretary of the Interior, acting through the Bureau of Land Management, United States Geological Survey, United States Fish and Wildlife Service, National Park Service, and such other agencies and instrumentalities as the Secretary determines appropriate, shall support a robust program of intramural and extramural botanical science research as relevant and appropriate to support the Department’s land management responsibilities.
 (b)Areas of EmphasisResearch conducted pursuant to this section shall include a focus on the following topics: (1)Effective approaches to restoring habitat damaged by wildfires that incorporate the use of appropriate plant materials.
 (2)Effective methods for developing and using locally adapted native plant materials in land management activities.
 (3)Effective mitigation strategies for combating invasive plant species. (4)Mitigation strategies related to the impacts of long- and medium-term environmental changes such as changes in moisture levels, temperature, landscape fragmentation, nonnative animal and plant species, and human activity.
 (5)Methods to promote the recovery of threatened and endangered species. (c)Extramural researchAs determined appropriate by the Secretary, research conducted under this section may be carried out through competitively awarded grants or contracts, or cooperative agreements, awarded in accordance with all applicable requirements governing such activities.
 (d)Authorization of appropriationsTo carry out the purposes of this section, there are authorized to be appropriated $10,000,000 for fiscal year 2018, and such sums as may be necessary for subsequent fiscal years.
				102.Staff enhancement
 (a)In generalFor the purpose of improving the Department’s land management capabilities, the Secretary of the Interior is authorized to augment the expertise of the Department of the Interior in the botanical sciences by—
 (1)hiring additional personnel with expertise in the botanical sciences; and (2)establishing a loan forgiveness program to facilitate the hiring of such personnel.
					(b)Authorization
 (1)Subject to the availability of appropriations for such purpose, by not later than September 30, 2019, the Secretary shall hire not more than 20 full-time Botanical Science Personnel to support the Department’s land management responsibilities. The Secretary shall determine the appropriate placement of such personnel within the appropriate agencies of the Department with major land management responsibilities. The Secretary may waive any limitation on the number of full-time equivalent personnel assigned to the Department and its constituent agencies in order to carry out the purposes of this section.
 (2)Personnel hired pursuant to paragraph (1) shall be— (A)in addition to any positions authorized before the date of the enactment of this Act and any existing vacancies within the Department on such date;
 (B)part of the Competitive Service; and (C)hired in compliance with all applicable provisions of title 5, United States Code.
						(c)Loan repayment program
 (1)In generalThe Secretary shall establish a program to provide educational loan repayment to qualifying individuals who agree to a term of employment with the Department as Botanical Science Personnel.
 (2)EligibilityTo be eligible to participate in the loan repayment program under this subsection, an individual shall—
 (A)either— (i)have a degree in botanical sciences;
 (ii)be enrolled in an approved graduate training program in botanical sciences; or (iii)be enrolled as a full-time student in an accredited educational institution, and in the final year of a course of a study or program, offered by such institution and approved by the Secretary, leading to a degree in botanical sciences; and
 (B)submit to the Secretary an application for a contract described in paragraph (4). (3)Information to be included with application and contract formsIn disseminating application forms and contract forms to individuals desiring to participate in the loan repayment program, the Secretary shall include with such forms a fair summary of the rights and liabilities of an individual whose application is approved (and whose contract is accepted). Such information shall be written in a manner calculated to be understood by the average individual applying to participate in the loan repayment program.
					(4)Contracts
 (A)In generalAn individual becomes a participant in the loan repayment program only upon the Secretary and the individual entering into a written contract whereby—
 (i)the Secretary agrees to pay on behalf of the individual loans in accordance with paragraph (5), subject to the availability of appropriated funds; and
 (ii)the individual agrees to— (I)accept loan payments on behalf of the individual; and
 (II)if applicable, maintain enrollment and acceptable academic standing in a course of study or training described in paragraph (2) and serve for a time period equal to 2 years or such longer period as the individual may agree to as a botanical scientist employed by the Department.
 (B)Other terms and conditionsSuch contracts shall include all other necessary and appropriate terms and conditions to clarify the rights, obligations, and liabilities of the parties.
						(5)Repayment
 (A)In generalA loan repayment provided for an individual under a written contract under the repayment program authorized by this subsection shall consist of payment on behalf of the individual of the principal, interest, and related expenses on government and commercial loans received by the individual regarding the undergraduate or graduate education of the individual (or both), which loans were made for tuition, other reasonable educational expenses, or reasonable living expenses, as determined by the Secretary.
 (B)AmountsFor each year of obligated service that an individual contracts to serve, the Secretary may pay up to $50,000 (plus, beginning with fiscal year 2019, an amount determined by the Secretary on an annual basis to reflect inflation) on behalf of the individual for loans described in this paragraph. In making a determination of the amount to pay for a year of such service by an individual, the Secretary may enter into an agreement with the holder of any such loan for which payments are made to establish a schedule for the making of such payments.
 (6)Employment ceilingNotwithstanding any other provision of law, individuals who have entered into written contracts with the Secretary under this section, while undergoing academic or other training, shall not be counted against any employment ceiling affecting the Department.
 (d)DefinitionFor the purposes of this section, the term Botanical Science Personnel means individuals with post-secondary education in the field of botany, including plant ecologists and individuals with a bachelor’s degree in plant biology.
 (e)Authorization of appropriationsTo carry out the purposes of this section, there are authorized to be appropriated— (1)for fiscal year 2018—
 (A)$3,000,000 for subsection (b); and (B)$1,000,000 for subsection (c); and
 (2)for each fiscal year after fiscal year 2018, such sums as may be necessary. IIGenerating Demand For Native Plant Materials 201.Policy for use of locally adapted native plant materials by Department of Agriculture and Department of the Interior (a)PolicyIn undertaking a land management activity on Federal lands under the jurisdiction of the Department of Agriculture or the Department of the Interior, including maintenance and restoration in response to degradation caused by human activity or natural events (such as fire, flood, or infestation), it is the policy of the United States that preference shall be made to the extent practicable for the use of locally adapted native plant materials.
 (b)ImplementationThe Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary of the Interior, acting through the heads of land management agencies of the Department of the Interior, shall—
 (1)implement the policy established by subsection (a) through appropriate administrative actions; and (2)specifically identify situations in which the use of nonnative plant materials may be warranted, including situations in which—
 (A)emergency conditions require the protection of basic resource values; (B)an interim, nonpersistent measure is needed to aid in the reestablishment of native plant species;
 (C)native plant materials are not reasonably available; or (D)the plant community subject to the land management activity has been permanently altered.
						202.Policy for use of locally adapted native plant materials by Department of Defense
 (a)PolicyChapter 159 of title 10, United States Code, is amended by inserting after section 2692 the following:

						2693.Policy for use of locally adapted native plant materials in management of Department of Defense
			 lands
 (a)PolicyIn undertaking a land management activity on land under the jurisdiction of the Department of Defense, including land withdrawn for or held by permit or lease, it is the policy of the United States that preference to the extent practicable shall be made for the use of locally adapted native plant materials.
 (b)ImplementationThe Secretary of Defense, acting through the Under Secretary for Installations, shall— (1)implement the policy established by subsection (a) through appropriate administrative actions; and
 (2)specifically identify situations in which the use of nonnative plant materials may be warranted, including situations in which—
 (A)emergency conditions require the protection of basic resource values; (B)an interim, nonpersistent measure is needed to aid in the reestablishment of native plant species;
 (C)native plant materials are not reasonably available; or (D)the plant community subject to the land management activity has been permanently altered.
 (c)ConsultationThe Secretary of Defense shall consult with the Secretary of the Interior and the Secretary of Agriculture regarding implementation of this section.
 (d)DefinitionsIn this section: (1)Land management activityThe term land management activity includes—
 (A)maintenance and restoration; and (B)conservation and cultural activities pursuant to sections 2691 and 2694 of this title.
 (2)Locally AdaptedThe term locally adapted with respect to plants, means plants that originate from an area that is geographically proximate to a planting area and that are environmentally adapted to, and likely to succeed in becoming established and persisting within, such area.
 (3)Native Plant SpeciesThe term native plant species means indigenous terrestrial and aquatic plant species that evolved naturally in a defined native ecosystem.
 (4)Nonnative Plant SpeciesThe term nonnative plant species means a plant that has been introduced by humans to a location outside its native or natural range and may, depending on relevant facts and circumstances, include a species introduced from another continent, ecosystem, seed zone, or habitat within an ecosystem.
 (5)Plant MaterialsThe term plant materials includes, with respect to a native plant species or a nonnative plant species, such a plant or its seeds, eggs, spores, or other biological material capable of propagating that species..
 (b)Clerical amendmentThe table of sections at the beginning of chapter 159 of title 10, United States Code, is amended by inserting after the item relating to section 2692 the following:

							2693. Policy for use of locally adapted native plant materials in management of Department of
			 Defense lands..
 203.Surface transportation programSection 329 of title 23, United States Code, is amended by adding at the end the following:  (d)Native plant materials (1)In generalIn carrying out environmental mitigation efforts and environmental restoration and pollution abatement activities as authorized by section 133(b), a State shall, to the extent practicable, maximize the use of locally adapted native plant materials.
 (2)ConsultationThe Secretary shall consult with the Secretary of the Interior and the Secretary of Agriculture regarding the implementation of this subsection..
 204.Native plant materials requirements for Federal development projectsThe sponsor of any development or redevelopment project involving a Federal facility with a footprint that exceeds 5,000 square feet shall use site planning, design, construction, and maintenance strategies for the property to establish, maintain, or restore, to the maximum extent technically feasible, the use of locally adapted native plant materials on all natural spaces, including, where feasible, roofs and other appropriate portions of the structure.
			IIIAuthorization of Federal Native Plant Materials Related Activities
			301.Interagency plant materials efforts
 (a)ActivitiesThe heads of the agencies shall collaborate, as appropriate, regarding land use responsibility to undertake the following activities related to native plant materials:
 (1)Identify seed needs and ensure the reliable availability of genetically appropriate seed. (2)Conduct research to develop genetically appropriate seed and to improve technology for seed production and ecological restoration.
 (3)Support land managers’ ability to make timely and informed seeding decisions for ecological restoration.
 (4)Efforts to enhance, protect, and restore plant materials necessary to support pollinators and dispersers.
 (5)Efforts to coordinate activities aimed at sustaining and restoring public lands through the use of techniques and materials that promote to the extent practicable the use of locally adapted native plant materials.
 (b)AgenciesFor the purposes of this section, the term agencies means the following: (1)In the Department of the Interior:
 (A)Bureau of Indian Affairs. (B)Bureau of Land Management.
 (C)National Park Service. (D)United States Fish and Wildlife Service.
 (E)United States Geological Survey. (2)In the Department of Agriculture:
 (A)Agricultural Research Service. (B)Forest Service.
 (C)National Institute of Food and Agriculture. (D)Natural Resources Conservation Service.
 (3)United States Botanic Garden. (4)Smithsonian Institution.
 (5)Federal Highway Administration. 302.Bureau of Land Management Plant conservation program (a)In generalThe Bureau of Land Management is authorized to undertake activities to develop and use native plant materials.
 (b)ActivitiesThe following activities are within the scope of this authority: (1)Identifying, evaluating, and protecting rare plants on public lands.
 (2)Understanding the effects of human activity on native plant species and communities on public lands.
 (3)Supporting efforts to develop genetically appropriate native plant materials for restoring and maintaining habitat for animal and plant species, including sage grouse, and monitoring the effectiveness of such materials.
 (4)Ensuring that the needs of the agency for native plant materials are met. (5)Developing seed transfer zones and guidelines.
 (6)Supporting public-private partnerships to catalogue and store plant materials. (7)Coordinating a national network of seed storage warehouses.
 (8)Implementing habitat conservation and restoration on a landscape scale. (9)Supporting public-private efforts, and volunteer efforts to support plant conservation.
 (c)Authorization of appropriationsTo carry out the purposes of this section, there are authorized to be appropriated— (1)for fiscal year 2018, $35,000,000; and
 (2)for each fiscal year after fiscal year 2018, such sums as may be necessary. 303.National Fish and Wildlife Foundation Plant conservation programsThe National Fish and Wildlife Foundation shall—
 (1)ensure that a robust program of activities specifically focused on the conservation and protection of native plants is incorporated into its existing programs and activities; and
 (2)provide a report to Congress on its implementation of this section. 304.Grants to support collaborative efforts to prevent endangered species statusThe Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.) is amended by adding at the end the following new section:

					13.Threatened and endangered plants
 (a)In generalThe Secretary of the Interior, acting through the United States Fish and Wildlife Service, shall support a program of collaborative grants to support efforts to prevent rare plant species from becoming endangered species and to encourage the recovery of endangered plant species. Awards pursuant to this section shall be made competitively in compliance with fully transparent procedures.
 (b)PreferencePreference shall be given under this section to projects that involve collaborations between Federal, State, and local units of government working in collaboration with nonprofit organizations with knowledge and experience in rare and endangered plant restoration issues.
 (c)Authorization of appropriationsTo carry out the provisions of this section, there are authorized to be appropriated— (1)$54,000,000 for fiscal year 2018; and
 (2)such sums as may be necessary for fiscal years after fiscal year 2018..


116 HR 119 IH: National Statistics on Deadly Force Transparency Act of 2019
U.S. House of Representatives
2019-01-03
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. 119IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2019Mr. Cohen (for himself, Mr. Connolly, Mr. Cummings, Mr. Grijalva, Mr. Hastings, Ms. Jackson Lee, Ms. Jayapal, Mr. Johnson of Georgia, Mr. Khanna, Ms. Lee of California, Mr. Meeks, Ms. Norton, Mr. Pallone, Mr. Raskin, Mr. Rush, Ms. Schakowsky, Mr. Serrano, and Mr. Vargas) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo require the Attorney General to issue rules pertaining to the collection and compilation of data on the use of deadly force by law enforcement officers.
1.Short titleThis Act may be cited as the National Statistics on Deadly Force Transparency Act of 2019. 2.Attorney general to issue regulations (a)RegulationsNot later than 6 months after the date of enactment of this Act, the Attorney General, in consultation with stakeholders, including Federal, State, and local law enforcement agencies and community, professional, research, and civil rights organizations, shall issue regulations for the collection and compilation of data pertaining to the use of deadly force by Federal, State, or local law enforcement officers.
(b)RequirementsThe regulations issued under subsection (a) shall— (1)require the collection of data on all instances wherein deadly force was used by a Federal, State, or local law enforcement officer;
(2)require that the data collected shall— (A)include identifying characteristics of the person who was the target of the use of deadly force and the officer who used deadly force, including—
(i)race or ethnicity; (ii)gender;
(iii)approximate age; and (iv)the actual or perceived religious affiliation;
(B)include the date, time, and location of such use of deadly force; (C)include the alleged criminal activity of the person who was the target of the use of deadly force;
(D)include the nature of the deadly force used, including the use of a firearm; (E)include an explanation, if any, from the relevant law enforcement agency on why deadly force was used;
(F)include a copy of any use of deadly force guidelines in effect at the relevant law enforcement agency at the time deadly force was used; (G)include a description of any non-lethal efforts employed to apprehend or subdue the person who was the target of the use of deadly force before deadly force was used; and
(H)not include personally identifiable information described in section 4; (3)provide that a standardized form shall be made available to law enforcement agencies for the submission of data collected pursuant to this Act to the Department of Justice;
(4)require that law enforcement agencies compile data using the standardized form made available under paragraph (3), and submit the form to the Department of Justice Bureau of Justice Statistics and any other component of the Department of Justice that the Attorney General determines appropriate; and (5)require that law enforcement agencies shall maintain all data collected under this Act for not less than 4 years.
3.Duties of the bureau of justice statisticsThe Department of Justice Bureau of Justice Statistics shall provide to Congress and make available to the public the data collected pursuant to this Act, excluding any personally identifiable information described in section 4. 4.Limitations on publication of dataThe name or identifying information of a law enforcement officer, person who was the target of the use of deadly force, or any other individual involved in any activity for which data is collected and compiled under this Act shall not be—
(1)released to the public; (2)disclosed to any person, except for—
(A)such disclosures as are necessary to comply with this Act; (B)disclosures of information regarding a particular person to that person; or
(C)disclosures pursuant to litigation; or (3)subject to disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), except for disclosures of information regarding a particular person to that person.
5.Byrne JAG grant reduced for failure to reportIn the case of a State or unit of local government that received a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), if that State or unit of local government fails substantially to comply with the requirement under section 2 for a fiscal year, the Attorney General shall reduce the amount that would otherwise be awarded to that State or unit of local government under such grant program in the following fiscal year by 10 percent.


117 S648 IS: Technical Correction to the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act of 2021
U.S. Senate
2021-03-09
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.

II117th CONGRESS1st SessionS. 648IN THE SENATE OF THE UNITED STATESMarch 9, 2021Ms. Cortez Masto (for herself, Mr. Crapo, Mr. Risch, and Ms. Rosen) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsA BILLTo amend the Omnibus Public Land Management Act of 2009 to make a technical correction to the water rights settlement for the Shoshone-Paiute Tribes of the Duck Valley Reservation, and for other purposes.1.Short titleThis Act may be cited as the Technical Correction to the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act of 2021.2.Authorization of payment of interest on trust funds established under settlementSection 10807 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1408) is amended—(1)in subsection (b)(3)—(A)by striking There is and inserting the following:(A)In generalThere is; and(B)by adding at the end the following:(B)Interest paymentsThere is authorized to be appropriated to the Secretary for deposit into the Development Fund the interest that would have accrued during the period beginning on October 1, 2009, and ending on January 25, 2016, on balances held in the Development Fund, as calculated using the applicable rate for interest-bearing obligations of the United States if the amounts in the Development Fund had been invested in accordance with—(i)the Act of April 1, 1880 (21 Stat. 70, chapter 41; 25 U.S.C. 161); and(ii)the first section of the Act of June 24, 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 162a).; and(2)in subsection (c)(3)—(A)by striking There is and inserting the following:(A)In generalThere is; and(B)by adding at the end the following:(B)Interest paymentsThere is authorized to be appropriated to the Secretary for deposit into the Maintenance Fund the interest that would have accrued during the period beginning on October 1, 2009, and ending on January 25, 2016, on balances held in the Maintenance Fund, as calculated using the applicable rate for interest-bearing obligations of the United States if the amounts in the Maintenance Fund had been invested in accordance with—(i)the Act of April 1, 1880 (21 Stat. 70, chapter 41; 25 U.S.C. 161); and(ii)the first section of the Act of June 24, 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 162a)..


		IIB
		111th CONGRESS
		1st Session
		H. R. 4194
		IN THE SENATE OF THE UNITED
		  STATES

			December 17, 2009
			Received; read twice and referred to the
			 Committee on the
			 Judiciary

		AN ACT
		To amend title 18, United States Code, to
		  exempt qualifying law school students participating in legal clinics or
		  externships from the application of the conflict of interest rules under
		  section 205 of such title.

		1.Short titleThis Act may be cited as the
			 Law Student Clinic Participation Act
			 of 2009.
		2.Law student conflict of interest
			 exemptionSection 205 of title
			 18, United States Code, is amended by adding at the end the following:

				(j)Subsections (a) and (b) do not apply to a
				law student or legal clinic staff member participating in the legal clinic or
				externship of an accredited law school, with respect to a matter within the
				scope of the clinic or externship, unless—
					(1)the student or staff has participated
				personally and substantially in the matter as a Government employee or special
				Government employee through decision, approval, disapproval, recommendation,
				the rendering of advice, investigation, or otherwise; or
					(2)the matter is pending in the department or
				agency of the Government in which the student is
				serving.
					.
		3.Effective
			 dateThis Act and the
			 amendments made by this Act shall take effect upon the expiration of the 60-day
			 period beginning on the date of the enactment of this Act.

			Passed the House of
			 Representatives December 16, 2009.
			Lorraine C. Miller,
			Clerk.


115 HR 2599 IH: Sandy Duplication of Benefits Fairness Act
U.S. House of Representatives
2021-04-15
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.

I117th CONGRESS1st SessionH. R. 2599IN THE HOUSE OF REPRESENTATIVESApril 15, 2021Miss Rice of New York (for herself, Mr. Meeks, Mr. Zeldin, Mr. Suozzi, and Mr. Garbarino) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo provide a duplication of benefits fix for Sandy CDBG-DR recipients, and for other purposes.1.Short titleThis Act may be cited as the Sandy Duplication of Benefits Fairness Act.2.Duplication of benefits(a)AmendmentSection 1210(a)(3) of the FAA Reauthorization Act of 2018 (Public Law 115–254; 132 Stat. 3186) is amended by striking January 1, 2016 and inserting October 1, 2012.(b)ApplicabilityThe amendment made by subsection (a) shall take effect as if included in the enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254; 132 Stat. 3186).


116 HR 8897 IH: To direct the Secretary of Defense to carry out a program for the development of rapid and cost-effective medical countermeasures to pandemics, and for other purposes.
U.S. House of Representatives
2020-12-08
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 CONGRESS2d SessionH. R. 8897IN THE HOUSE OF REPRESENTATIVESDecember 8, 2020Mr. Gosar introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo direct the Secretary of Defense to carry out a program for the development of rapid and cost-effective medical countermeasures to pandemics, and for other purposes.1.Pandemic Prevention Platform(a)DesignationThe Secretary of Defense shall designate a lead within the Department of Defense to implement and advance a program for the development of rapid and cost-effective medical countermeasures to pandemics.(b)ObjectivesThe Secretary shall ensure that the program carries out the following within 60 days of identifying a virus or other pathogen that may cause a pandemic with the goal of reducing this time frame to 28 days:(1)Grow the virus or other pathogen.(2)Identify an antibody or biologic product that targets the virus or other pathogen for use in a medical countermeasure.(3)Evolve the antibody or biologic product for increased potency.(4)Clinical grade product manufacturing.(5)Deliver the product to patients to induce protection in fewer than three days following administration.(6)Any other objective the Secretary of Defense deems necessary.(c)Collaboration and information sharingIn carrying out this section, the Secretary of Defense—(1)may collaborate with such Secretaries pursuant to the National Biodefense Strategy under section 1086 of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 104);(2)shall ensure that information from the program is shared with such Secretaries pursuant to the National Biodefense Strategy under section 1086 of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 104); and(3)through regular, structured, and close consultation with the Secretary of Health and Human Services and the Secretary of Homeland Security, shall ensure that the activities of the Department of Defense in carrying out the program are coordinated with, complement, and do not unnecessarily duplicate activities of other Federal agencies pursuant to the National Biodefense Strategy under section 1086 of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 104).


IV
111th CONGRESS
1st Session
H. RES. 40
In the House of Representatives, U. S.,

January 14, 2009

RESOLUTION
Amending the Rules of the House of Representatives to require each standing committee to hold periodic hearings on the topic of waste, fraud, abuse, or mismanagement in Government programs which that committee may authorize, and for other purposes.

That clause 2 of rule XI of the Rules of the House of Representatives is amended by adding at the end the following new paragraphs:

(n)
(1)Each standing committee, or a subcommittee thereof, shall hold at least one hearing during each 120-day period following the establishment of the committee on the topic of waste, fraud, abuse, or mismanagement in Government programs which that committee may authorize.
(2)A hearing described in subparagraph (1) shall include a focus on the most egregious instances of waste, fraud, abuse, or mismanagement as documented by any report the committee has received from a Federal Office of the Inspector General or the Comptroller General of the United States.
(o)Each committee, or a subcommittee thereof, shall hold at least one hearing in any session in which the committee has received disclaimers of agency financial statements from auditors of any Federal agency that the committee may authorize to hear testimony on such disclaimers from representatives of any such agency.
(p)Each standing committee, or a subcommittee thereof, shall hold at least one hearing on issues raised by reports issued by the Comptroller General of the United States indicating that Federal programs or operations that the committee may authorize are at high risk for waste, fraud, and mismanagement, known as the high-risk list or the high-risk series. .
2.Clause 1(d)(3) of rule XI of the Rules of the House of Representatives is amended by adding at the end the following new sentence: That section shall also delineate any hearings held pursuant to clauses 2(n), (o), or (p) of this rule..

Lorraine C. Miller,Clerk.


115 S1327 IS: SITSA Act
U.S. Senate
2017-06-08
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.

II115th CONGRESS1st SessionS. 1327IN THE SENATE OF THE UNITED STATESJune 8, 2017Mr. Grassley (for himself and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend the Controlled Substances Act to clarify how controlled substance analogues are to be
			 regulated, and for other purposes.

 1.Short titleThis Act may be cited as the Stop the Importation and Trafficking of Synthetic Analogues Act of 2017 or the SITSA Act. 2.Establishment of Schedule A Section 202 of the Controlled Substances Act (21 U.S.C. 812) is amended—
 (1)in subsection (a), by striking five schedules of controlled substances, to be known as schedules I, II, III, IV, and V and inserting six schedules of controlled substances, to be known as schedules I, II, III, IV, V, and A; (2)in subsection (b), by adding at the end the following:

					(6)Schedule A
 (A)In generalThe drug or substance— (i)has—
 (I)a chemical structure that is substantially similar to the chemical structure of a controlled substance in schedule I, II, III, IV, or V; and
 (II)an actual or predicted stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I, II, III, IV, or V; and
 (ii)is not— (I)listed or otherwise included in any other schedule in this section or by regulation of the Attorney General; and
 (II)with respect to a particular person, subject to an exemption that is in effect for investigational use, for that person, under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect to such substance is pursuant to such exemption.
 (B)Predicted stimulant, depressant, or hallucinogenic effectFor purpose of this paragraph, a predicted stimulant, depressant, or hallucinogenic effect on the central nervous system may be based on—
 (i)the chemical structure, structure activity relationships, binding receptor assays, or other relevant scientific information about the substance;
 (ii)(I)the current or relative potential for abuse of the substance; and (II)the clandestine importation, manufacture, or distribution, or diversion from legitimate channels, of the substance; or
 (iii)the capacity of the substance to cause a state of dependence, including physical or psychological dependence that is similar to or greater than that of a controlled substance in schedule I, II, III, IV, or V.; and
 (3)in subsection (c)— (A)in the matter preceding schedule I, by striking IV, and V and inserting IV, V, and A; and
 (B)by adding at the end the following: Schedule A(a) Unless specifically excepted or unless listed in another schedule, any of the following substances, as scheduled in accordance with section 201(k)(5):
 (1)4-fluoroisobutyryl fentanyl. (2)Valeryl fentanyl.
 (3)4-methoxybutyryl fentanyl. (4)4-methylphenethyl acetyl fentanyl.
 (5)3-furanyl fentanyl. (6)Ortho-fluorofentanyl.
 (7)Tetrahydrofuranyl fentanyl. (8)Ocfentanil.
 (9)4-fluorobutyryl fentanyl. (10)Methoxyacetyl fentanyl.
 (11)Meta-fluorofentanyl. (12)Isobutyryl fentanyl.
 (13)Acryl fentanyl. . 3.Temporary and permanent scheduling of schedule A substancesSection 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following:

				(k)Temporary and permanent scheduling of schedule A substances
 (1)The Attorney General may issue a temporary order adding a drug or substance to schedule A if the Attorney General finds that—
 (A)the drug or other substance satisfies the criteria for being considered a schedule A substance; and (B)adding such drug or substance to schedule A will assist in preventing abuse or misuse of the drug or other substance.
 (2)A temporary scheduling order issued under paragraph (1) shall not take effect until 30 days after the date of the publication by the Attorney General of a notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued. The temporary scheduling order shall expire not later than 5 years after the date it becomes effective, except that the Attorney General may, during the pendency of proceedings under paragraph (5), extend the temporary scheduling order for up to 180 days.
 (3)A temporary scheduling order issued under paragraph (1) shall be vacated upon the issuance of a permanent order issued under paragraph (5) with regard to the same substance, or upon the subsequent issuance of any scheduling order under this section.
 (4)A temporary scheduling order issued under paragraph (1) shall not be subject to judicial review. (5)The Attorney General may, by rule, issue a permanent order adding a drug or other substance to schedule A if such drug or substance satisfies the criteria for being considered a schedule A substance. Such rulemaking may be commenced simultaneously with the issuance of the temporary scheduling order issued under paragraph (1) with regard to the same substance.
 (6)Before initiating proceedings under paragraph (1) or (5), the Attorney General shall transmit notice of an order proposed to be issued to the Secretary of Health and Human Services. In issuing an order under paragraph (1) or (5), the Attorney General shall take into consideration any comments submitted by the Secretary of Health and Human Services in response to a notice transmitted pursuant to this paragraph..
		4.Penalties
 (a)Controlled Substances ActThe Controlled Substances Act (21 U.S.C. 801 et seq.) is amended— (1)in section 401(b)(1) (21 U.S.C. 841(b)(1)), by adding at the end the following:

 (F)(i)In the case of any controlled substance in schedule A, such person shall be sentenced to a term of imprisonment of not more than 10 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not more than 15 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $500,000 if the defendant is an individual or $2,500,000 if the defendant is other than an individual, or both.
 (ii)If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not more than 30 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both.
 (iii)Any sentence imposing a term of imprisonment under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of not less than 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of not less than 4 years in addition to such term of imprisonment.;
 (2)in section 403(a) (21 U.S.C. 843(a))— (A)in paragraph (8), by striking or at the end;
 (B)in paragraph (9), by striking the period at the end and inserting ; or; and (C)by inserting after paragraph (9) the following:

 (10)to export a substance in violation of the controlled substance laws of the country to which the substance is exported.; and
 (3)in section 404 (21 U.S.C. 844), by inserting after subsection (a) the following:  (b)A person shall not be subject to a criminal or civil penalty under this title or under any other Federal law solely for possession of a schedule A controlled substance..
 (b)Controlled Substances Import and Export ActSection 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended by adding at the end the following:

 (8)In the case of a violation under subsection (a) involving a controlled substance in schedule A, the person committing such violation shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment for any term of years or for life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment for any term of years or for life, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 18, United States Code, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of not less than 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of not less than 6 years in addition to such term of imprisonment. Notwithstanding the prior sentence, and notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this paragraph which provide for a mandatory term of imprisonment if death or serious bodily injury results.
					.
			5.False labeling of schedule A controlled substances
 (a)In generalSection 305 of the Controlled Substances Act (21 U.S.C. 825) is amended by adding at the end the following:

					(f)False labeling of schedule A controlled substances
 (1)It shall be unlawful to import, export, manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense, a schedule A substance or product containing a schedule A substance, unless the substance or product bears a label clearly identifying a schedule A substance or product containing a schedule A substance by the nomenclature used by the International Union of Pure and Applied Chemistry (IUPAC).
 (2)(A)A product described in subparagraph (B) is exempt from the International Union of Pure and Applied Chemistry nomenclature requirement of this subsection if such product is labeled in the manner required under the Federal Food, Drug, and Cosmetic Act.
 (B)A product is described in this subparagraph if the product— (i)is the subject of an approved application as described in section 505(b) or (j) of the Federal Food, Drug, and Cosmetic Act; or
 (ii)is exempt from the provisions of section 505 of such Act relating to new drugs because— (I)it is intended solely for investigational use as described in section 505(i) of such Act; and
 (II)such product is being used exclusively for purposes of a clinical trial that is the subject of an effective investigational new drug application..
 (b)PenaltiesSection 402 of the Controlled Substances Act (21 U.S.C. 842) is amended— (1)in subsection (a)(16), by inserting or subsection (f) after subsection (e); and
 (2)in subsection (c)(1)(D), by inserting or a schedule A substance after anabolic steroid. 6.Registration requirements for handlers of schedule A substances (a)Controlled Substances ActSection 303 of the Controlled Substances Act (21 U.S.C. 823) is amended—
 (1)in subsection (f), in the undesignated matter following paragraph (5)— (A)by inserting or A after schedule I each place it appears; and
 (B)by adding at the end the following: A separate registration for engaging in research with a controlled substance in schedule A for practitioners already registered under this part to engage in research with controlled substances in schedule I shall not be required. The Secretary shall determine the merits of the research protocol submitted by the practitioner registering to engage in research with a controlled substance in schedule A, and the Attorney General may deny or revoke the registration only on a ground specified in section 304.; and
 (2)by adding at the end the following:

 (k)(1)The Attorney General shall register an applicant to manufacture schedule A substances if— (A)the applicant demonstrates that the schedule A substances will be used for research, analytical, or industrial purposes approved by the Attorney General; and
 (B)the Attorney General determines that such registration is consistent with the public interest and with the United States obligations under international treaties, conventions, or protocols in effect on the date of enactment of this subsection.
 (2)In determining the public interest under paragraph (1)(B), the Attorney General shall consider—
 (A)maintenance of effective controls against diversion of particular controlled substances and any controlled substance in schedule A compounded therefrom into other than legitimate medical, scientific, research, or industrial channels, by limiting the importation and bulk manufacture of such controlled substances to a number of establishments which can produce an adequate and uninterrupted supply of these substances under adequately competitive conditions for legitimate medical, scientific, research, and industrial purposes;
 (B)compliance with applicable State and local law; (C)promotion of technical advances in the art of manufacturing substances described in subparagraph (A) and the development of new substances;
 (D)prior conviction record of applicant under Federal and State laws relating to the manufacture, distribution, or dispensing of substances described in paragraph (A);
 (E)past experience in the manufacture of controlled substances, and the existence in the establishment of effective control against diversion; and
 (F)such other factors as may be relevant to and consistent with the public health and safety. (3)If an applicant is registered to manufacture controlled substances in schedule I or II under subsection (a), the applicant shall not be required to apply for a separate registration under this subsection.
 (l)(1)The Attorney General shall register an applicant to distribute schedule A substances— (A)if the applicant demonstrates that the schedule A substances will be used for research, analytical, or industrial purposes approved by the Attorney General; and
 (B)unless the Attorney General determines that the issuance of such registration is inconsistent with the public interest.
 (2)In determining the public interest under paragraph (1)(B), the Attorney General shall consider—
 (A)maintenance of effective control against diversion of particular controlled substances into other than legitimate medical, scientific, and industrial channels;
 (B)compliance with applicable State and local law; (C)prior conviction record of applicant under Federal or State laws relating to the manufacture, distribution, or dispensing of substances described in subparagraph (A);
 (D)past experience in the distribution of controlled substances; and (E)such other factors as may be relevant to and consistent with the public health and safety.
 (3)If an applicant is registered to distribute a controlled substance in schedule I or II under subsection (b), the applicant shall not be required to apply for a separate registration under this subsection.
 (m)(1)Not later than 90 days after the date on which a substance is placed in schedule A, any practitioner who was engaged in research on the substance before the placement of the substance in schedule A and any manufacturer or distributor who was handling the substance before the placement of the substance in schedule A shall register with the Attorney General.
 (2)(A)Not later than 60 days after the date on which the Attorney General receives an application for registration to conduct research on a schedule A substance, the Attorney General shall—
 (i)grant, or initiate proceedings under section 304(c) to deny, the application; or (ii)request supplemental information from the applicant.
 (B)Not later than 30 days after the date on which the Attorney General receives supplemental information requested under subparagraph (A)(ii) in connection with an application described in subparagraph (A), the Attorney General shall grant or deny the application..
 (b)Controlled Substances Import and Export ActSection 1008 of the Controlled Substances Import and Export Act (21 U.S.C. 958) is amended by adding at the end the following:

 (j)(1)The Attorney General shall register an applicant to import or export a schedule A substance if—
 (A)the applicant demonstrates that the schedule A substances will be used for research, analytical, or industrial purposes approved by the Attorney General; and
 (B)the Attorney General determines that such registration is consistent with the public interest and with the United States obligations under international treaties, conventions, or protocols in effect on the date of enactment of this subsection.
 (2)In determining the public interest under paragraph (1)(B), the Attorney General shall consider the factors described in subparagraphs (A) through (F) of section 303(k)(2).
 (3)If an applicant is registered to import or export a controlled substance in schedule I or II under subsection (a), the applicant shall not be required to apply for a separate registration under this subsection..
			7.Additional conforming amendments
 (a)Controlled Substances ActThe Controlled Substances Act (21 U.S.C. 801 et seq.) is amended— (1)in section 303(c) (21 U.S.C. 823(c))—
 (A)by striking subsections (a) and (b) and inserting subsection (a), (b), (k), or (l); and (B)by striking schedule I or II and inserting schedule I, II, or A;
 (2)in section 306 (21 U.S.C. 826)— (A)in subsection (a), in the first sentence, by striking schedules I and II and inserting schedules I, II, and A;
 (B)in subsection (b), in the second sentence, by striking schedule I or II and inserting schedule I, II, or A; (C)in subsection (c), in the first sentence, by striking schedules I and II and inserting schedules I, II, and A;
 (D)in subsection (d), in the first sentence, by striking schedule I or II and inserting schedule I, II, or A; (E)in subsection (e), in the first sentence, by striking schedule I or II and inserting schedule I, II, or A; and
 (F)in subsection (f), in the first sentence, by striking schedules I and II and inserting schedules I, II, and A; (3)in section 308(a) (21 U.S.C. 828(a)), by striking schedule I or II and inserting schedule I, II, or A;
 (4)in section 402(b) (21 U.S.C. 842(b)), in the matter preceding paragraph (1), by striking schedule I or II and inserting schedule I, II, or A; (5)in section 403(a)(1) (21 U.S.C. 843(a)(1)), by striking schedule I or II and inserting schedule I, II, or A; and
 (6)in section 511(f) (21 U.S.C. 881(f)), by striking schedule I or II each place it appears and inserting schedule I, II, or A. (b)Controlled Substances Import Export ActThe Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) is amended—
 (1)in section 1002(a) (21 U.S.C. 952(a))— (A)in the matter preceding paragraph (1), by striking schedule I or II and inserting schedule I, II, or A; and
 (B)in paragraph (2), by striking schedule I or II and inserting schedule I, II, or A; (2)in section 1003 (21 U.S.C. 953)—
 (A)in subsection (c), in the matter preceding paragraph (1), by striking schedule I or II and inserting schedule I, II, or A; and (B)in subsection (d), by striking schedule I or II and inserting schedule I, II, or A;
 (3)in section 1004(1) (21 U.S.C. 954(1)), by striking schedule I and inserting schedule I or A; (4)in section 1005 (21 U.S.C. 955), by striking schedule I or II and inserting schedule I, II, or A; and
 (5)in section 1009(a) (21 U.S.C. 959(a)), by striking schedule I or II and inserting schedule I, II, or A.
 8.Clarification of the definition of controlled substance analogue under the Analogue Enforcement ActSection 102 of the Controlled Substances Act (21 U.S.C. 802) is amended— (1)in paragraph (6), by striking or V and inserting V, or A;
 (2)in paragraph (14)— (A)by striking schedule I(c) and and inserting schedule I(c), schedule A, and; and
 (B)by striking schedule I(c), and inserting schedule I(c) and schedule A,; and (3)in paragraph (32)(A), by striking (32)(A) and all that follows through clause (iii) and inserting the following:

 (32)(A)Except as provided in subparagraph (C), the term controlled substance analogue means a substance whose chemical structure is substantially similar to the chemical structure of a controlled substance in schedule I or II—
 (i)which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or
 (ii)with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II..
 9.Rules of constructionNothing in this Act, or the amendments made by this Act, may be construed to limit— (1)the prosecution of offenses involving controlled substance analogues under the Controlled Substances Act (21 U.S.C. 801 et seq.); or
 (2)the authority of the Attorney General to temporarily or permanently schedule, reschedule, or decontrol controlled substances under provisions of section 201 of the Controlled Substances Act (21 U.S.C. 811) that are in effect on the day before the date of enactment of this Act.


114 HR 4715 IH: Recognizing the Protection of Motorsports Act of 2016
U.S. House of Representatives
2016-03-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 4715
		IN THE HOUSE OF REPRESENTATIVES

			March 7, 2016
			Mr. McHenry (for himself, Mr. Hudson, Mr. Zeldin, Mr. Posey, and Mr. Cuellar) introduced the following bill; which was referred to the Committee on Energy and Commerce

		A BILL
		To exclude vehicles used solely for competition from certain provisions of the Clean Air Act, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Recognizing the Protection of Motorsports Act of 2016 or the RPM Act of 2016. 2.FindingsThe Congress finds that—
 (1)at the time the Clean Air Act was written, and each time the Clean Air Act has been amended, the intent of Congress has been, and continues to be, that vehicles manufactured for, modified for, or utilized in organized motorized racing events would not be encompassed by the Clean Air Act’s definition of motor vehicle;
 (2)when Congress sought to regulate nonroad vehicles in 1990, it explicitly excluded from the definition of nonroad vehicle any vehicle used solely for competition;
 (3)despite the clear intent of Congress, the Environmental Protection Agency has cited the Clean Air Act as authority for regulating vehicles used solely for competition; and
 (4)the Environmental Protection Agency has exceeded its statutory authority in its recent actions to regulate vehicles used solely for competition.
			3.Exclusion of vehicles used solely for competition from the anti-tampering provisions of the Clean
 Air ActSection 203 of the Clean Air Act (42 U.S.C. 7522) is amended by adding at the end of subsection (a) the following: No action with respect to any device or element of design referred to in paragraph (3) shall be treated as a prohibited act under that paragraph if the action is for the purpose of modifying a motor vehicle into a vehicle to be used solely for competition..
		4.Exclusion of vehicles used solely for competition from the definition of motor vehicle in the Clean
 Air ActSection 216 of the Clean Air Act (42 U.S.C. 7550) is amended by striking . at the end of paragraph (2) and inserting and that is not a vehicle used solely for competition, including any vehicle so used that was converted from a motor vehicle..
 5.ImplementationNot later than 12 months after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall finalize any regulations necessary to implement the amendments made by this Act.