		II
		110th CONGRESS
		1st Session
		S. 1913
		IN THE SENATE OF THE UNITED STATES

			August 1, 2007
			Mr. Crapo (for himself
			 and Mrs. Lincoln) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To improve the amendments made by the No
		  Child Left Behind Act of 2001.

		1.Short titleThis Act may be cited as the
			 No Child Left Behind Enhancement
			 Act.
		2.ReferencesExcept as otherwise specifically provided,
			 whenever in this Act an amendment or repeal is expressed in terms of an
			 amendment to, or a repeal of, a section or other provision, the reference shall
			 be considered to be made to a section or other provision of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
		3.Adequate yearly progress
			(a)AccountabilitySection 1111(b)(2) (20 U.S.C. 6311(b)(2))
			 is amended—
				(1)in subparagraph (I)(ii)—
					(A)by striking 95 percent the
			 first place the term appears and inserting 90 percent (which percentage
			 shall be based on criteria established by the State in the State plan);
			 and
					(B)by striking 95 percent the
			 second place the term appears and inserting 90 percent;
					(2)by redesignating subparagraph (K) as
			 subparagraph (N); and
				(3)by inserting, after subparagraph (J), the
			 following:

						(K)Single count of studentsIn meeting the definition of adequate
				yearly progress under subparagraph (C), a student who may be counted in 2 or
				more groups described in subparagraph (C)(v)(II), may be counted as an equal
				fraction of 1 for each such group.
						(L)Students with disabilities requiring
				alternate assessmentsNotwithstanding any other provision of this
				part, a State may implement the amendments made to part 200 of title 34, Code
				of Federal Regulations on December 9, 2003 (68 Fed. Reg. 68698) (related to
				achievement of students with significant cognitive disabilities) as if such
				amendments—
							(i)permitted the proficient or advanced scores
				on alternate assessments of not more than 3.0 percent of all tested students to
				be considered as proficient or advanced, respectively, for the purposes of
				determining adequate yearly progress, except that—
								(I)any assessment given to any such so
				considered student for the purposes of determining such adequate yearly
				progress shall be required by the individualized education program of such so
				considered student;
								(II)the individualized education program shall
				reflect the need for any such alternate assessment based on the evaluation of
				such so considered student and the services provided such so considered student
				under section 614 of the Individuals with Disabilities Education Act;
				and
								(III)the individualized education program shall
				include written consent from the parent of such so considered student prior to
				such alternate assessment being administered;
								(ii)used the term students requiring
				alternate assessments in lieu of the term students with the most
				significant cognitive disabilities; and
							(iii)permitted the eligibility, of such so
				considered students to have the students' scores of proficient or advanced on
				alternate assessments counted as proficient or advanced for purposes of
				determining adequate yearly progress, to be determined by the State educational
				agency, except that such eligibility shall, at a minimum, include—
								(I)such so considered students who are
				receiving services pursuant to a plan required under section 504 of the
				Rehabilitation Act of 1973;
								(II)the students described in subclause (I) who
				are assessed at a grade level below the grade level in which the students are
				enrolled (out of level assessments); and
								(III)the students described in subclause (I) who
				are considered students with the most significant cognitive disabilities, as
				defined by the State educational agency, on the day before the date of
				enactment of the No Child Left Behind
				Enhancement Act.
								(M)Other measures of adequate yearly
				progressNotwithstanding any
				other provision of this paragraph, a State may establish in the State plan an
				alternative definition of adequate yearly progress, subject to approval by the
				Secretary under subsection (e). Such alternative definition may—
							(i)include measures of student achievement
				over a period of time (such as a growth model or value added accountability
				system) or the progress of some or all of the groups of students described in
				subparagraph (C)(v) to the next higher level of achievement described in
				subparagraph (II) or (III) of paragraph (1)(D)(ii) as a factor in determining
				whether a school, local educational agency, or State has made adequate yearly
				progress, as described in this paragraph; or
							(ii)use the measures of achievement or the
				progress of groups described in clause (i) as the sole basis for determining
				whether the State, or a local educational agency or school within the State,
				has made adequate yearly progress, if—
								(I)the primary goal of such definition is that
				all students in each group described in subparagraph (C)(v) meet or exceed the
				proficient level of academic achievement, established by the State, not later
				than 12 years after the end of the 2001–2002 school year; and
								(II)such definition includes intermediate
				goals, as required under subparagraph
				(H).
								.
				(b)AssessmentsSection 1111(b)(3)(C) (20 U.S.C.
			 6311(b)(3)(C)) is amended—
				(1)in clause (ix), by striking subclause (III)
			 and inserting the following:

						(III)the inclusion of limited English proficient
				students, who—
							(aa)may, consistent with paragraph (2)(M), be
				assessed, as determined by the local educational agency, through the use of an
				assessment which requires achievement of specific gains for up to 3 school
				years from the first year the student is assessed for the purposes of this
				subsection;
							(bb)may, at the option of the State educational
				agency, be assessed in the first year the student attends school in the United
				States (not including the Commonwealth of Puerto Rico); and
							(cc)shall not be included in any calculation of
				an adequate yearly progress determination when the student is in the first year
				of attendance at a school in the United States (not including the Commonwealth
				of Puerto Rico).
							;
				and
				(2)in clause (x), by inserting of
			 clause (ix) after subclause (III).
				(c)Regulations affecting limited English
			 proficient children and children with disabilitiesSection
			 1111 (20 U.S.C. 6311) is amended by adding at the end the following:

					(n)Codification of regulations affecting
				limited English proficient childrenNotwithstanding any other provision of this
				part, this part shall be implemented consistent with the amendments proposed to
				part 200 of title 34 of the Code of Federal Regulations on June 24, 2004 (69
				Fed. Reg. 35462) (relating to the assessment of limited English proficient
				children and the inclusion of limited English proficient children in subgroups)
				as if such amendments permitted students who were previously identified as
				limited English proficient to be included in the group described in subsection
				(b)(2)(C)(v)(II)(dd) for 3 additional years, as determined by a local
				educational agency (based on the individual needs of a child) for the purposes
				of determining adequate yearly
				progress.
					.
			4.School improvement and public school
			 choiceSection 1116(b) (20
			 U.S.C. 6316(b)) is amended—
			(1)in paragraph (1)—
				(A)in subparagraph (A), by inserting
			 (in the same subject for the same group of students, as described in
			 section 1111(b)(2)(C)(v)) after 2 consecutive
			 years;
				(B)in subparagraph (E)(i)—
					(i)by striking In the case and
			 inserting Except as provided in subparagraph (G), in the case;
			 and
					(ii)by striking all students enrolled in
			 the school with the option to transfer to another public school and
			 inserting students who failed to meet the proficient level of
			 achievement on the assessments described in section 1111(b)(3), are enrolled in
			 the school, and are in the group whose academic performance caused the
			 identification under this paragraph, with the option to transfer to one other
			 public school identified by and ; and
					(C)by adding at the end the following:

						(G)OptionsA local educational agency may offer
				supplemental educational services as described in subsection (e) in place of
				the option to transfer to another public school described in subparagraph (E),
				for the first school year a school is identified for improvement under this
				paragraph.
						;
				(2)in the matter preceding subparagraph (A) of
			 paragraph (5), by inserting for the same group of students after
			 adequate yearly progress; and
			(3)in the matter preceding clause (i) of
			 paragraph (7)(C), by inserting for the same group of students
			 after adequate yearly progress.
			5.Supplemental
			 educational servicesSection
			 1116(e)(4) (20 U.S.C. 6316(e)(4)) is amended—
			(1)in subparagraph
			 (B), by inserting (developed through consultation with local educational
			 agencies in the State) after objective criteria;
			(2)in subparagraph
			 (D), by striking and after the semicolon;
			(3)in subparagraph
			 (E), by striking the period and inserting at the end ; and;
			 and
			(4)by adding at the
			 end the following:

					(F)develop
				procedures by which a local educational agency may—
						(i)present
				complaints, and documentation of such complaints, to the State educational
				agency regarding the qualification, operation, and evaluation—
							(I)of approved
				providers; and
							(II)providers of
				supplemental educational services seeking to become approved providers under
				this subsection; and
							(ii)demonstrate to
				the State educational agency that a provider of supplemental educational
				services should not be approved to provide supplemental educational services
				under this subsection to any students attending the schools served by the local
				educational agency.
						.

			6.Flexibility for
			 special education middle or secondary school teachersSection 9101(23)(B)(ii) (20 U.S.C.
			 7801(23)(B)(ii)) is amended—
			(1)in subclause (I),
			 by striking or after the semicolon;
			(2)in subclause
			 (II), by striking ; and and inserting ; or;
			 and
			(3)by adding at the
			 end the following:

					(III)in the case of
				a special education teacher, obtaining a State special education certificate
				that qualifies the teacher to teach special education in the State;
				and
					.


114 HR 165 IH: Transparency on Prioritizing Spending Act
U.S. House of Representatives
2015-01-06
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
114th CONGRESS
1st Session
H. R. 165
IN THE HOUSE OF REPRESENTATIVES

January 6, 2015
Mr. Schweikert introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To provide that the President shall submit to Congress a report detailing the priority of Federal spending if the statutory debt limit is reached, and for other purposes.

1.Short titleThis Act may be cited as the Transparency on Prioritizing Spending Act.
2.Priority of spending if the debt ceiling is reachedNot later than 30 days after the date of the enactment of this Act, the President shall submit to Congress a report listing, in descending order of prioritization, which obligations of the United States Government will be paid in the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit.


113 S513 IS: To clarify the role of the Cherokee Nation of Oklahoma regarding the maintenance of the W.D. Mayo Lock and Dam in the State of Oklahoma.
U.S. Senate
2013-03-11
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.

		II
		113th CONGRESS
		1st Session
		S. 513
		IN THE SENATE OF THE UNITED STATES

			March 11, 2013
			Mr. Inhofe introduced
			 the following bill; which was read twice and referred to the
			 Committee on Indian
			 Affairs

		A BILL
		To clarify the role of the Cherokee Nation of Oklahoma
		  regarding the maintenance of the W.D. Mayo Lock and Dam in the State of
		  Oklahoma.

		1.Rights and responsibilities
			 of Cherokee Nation of Oklahoma regarding W.D. Mayo Lock and Dam,
			 OklahomaSection 1117 of the
			 Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4236) is
			 amended to read as follows:

				1117.W.D. Mayo Lock
				and Dam, Oklahoma
					(a)In
				generalNotwithstanding any
				other provision of law, the Cherokee Nation of Oklahoma may—
						(1)design and
				construct 1 or more hydroelectric generating facilities at the W.D. Mayo Lock
				and Dam on the Arkansas River in the State of Oklahoma, subject to the
				requirements of subsection (b) and in accordance with the conditions specified
				in this section; and
						(2)market the
				electricity generated from any such hydroelectric generating facility.
						(b)Preconstruction
				requirements
						(1)In
				generalThe Cherokee Nation
				shall obtain any permit required by Federal or State law before the date on
				which construction begins on any hydroelectric generating facility under
				subsection (a), except that the Cherokee Nation shall be exempt from any
				licensing requirements under the Federal Power Act (16 U.S.C. 791a et seq.)
				that may otherwise be required for the construction, operation, or maintenance
				of a hydroelectric generating facility.
						(2)Review by
				SecretaryThe Cherokee Nation
				may initiate the design or construction of a hydroelectric generating facility
				under subsection (a) only after the Secretary reviews and approves the plans
				and specifications for the design and construction.
						(c)Payment of
				design and construction costs
						(1)In
				generalThe Cherokee Nation
				shall—
							(A)bear all costs
				associated with the design and construction of any hydroelectric generating
				facility under subsection (a); and
							(B)provide any funds
				necessary for the design and construction to the Secretary prior to the
				Secretary initiating any activities relating to the design and construction of
				the hydroelectric generating facility.
							(2)Use by
				SecretaryThe Secretary
				may—
							(A)accept funds offered by the Cherokee Nation
				under paragraph (1); and
							(B)use the funds to carry out the design and
				construction of any hydroelectric generating facility under subsection
				(a).
							(d)Assumption of
				liabilityThe Cherokee
				Nation—
						(1)shall hold all title to any hydroelectric
				generating facility constructed under this section;
						(2)may, subject to the approval of the
				Secretary, assign that title to a third party;
						(3)shall be solely
				responsible for—
							(A)the operation,
				maintenance, repair, replacement, and rehabilitation of any such facility;
				and
							(B)the marketing of
				the electricity generated by any such facility; and
							(4)shall release and
				indemnify the United States from any claims, causes of action, or liabilities
				that may arise out of any activity undertaken to carry out this section.
						(e)Assistance
				availableNotwithstanding any
				other provision of law, the Secretary may provide any technical and
				construction management assistance requested by the Cherokee Nation relating to
				the design and construction of any hydroelectric generating facility under
				subsection (a).
					(f)Third-Party
				agreementsThe Cherokee
				Nation may enter into agreements with the Secretary or a third party that the
				Cherokee Nation or the Secretary determines to be necessary to carry out this
				section.
					.


		II
		112th CONGRESS
		1st Session
		S. 251
		IN THE SENATE OF THE UNITED STATES

			February 1, 2011
			Mr. Vitter (for himself,
			 Mr. Crapo, and Mr. DeMint) introduced the following bill; which was
			 read twice and referred to the Committee
			 on Banking, Housing, and Urban Affairs

		A BILL
		To prohibit the provision of Federal funds to State and
		  local governments for payment of obligations, to prohibit the Board of
		  Governors of the Federal Reserve System from financially assisting State and
		  local governments, and for other purposes.

		1.Prohibition on the use of
			 Federal funds to pay State and local obligations
			(a)In
			 generalNotwithstanding any
			 other provision of law, no Federal funds may be used to purchase or guarantee
			 obligations of, issue lines of credit to, or provide direct or indirect
			 grants-and-aid to, any State government, municipal government, local
			 government, or county government which, on or after January 26, 2011, has
			 defaulted on its obligations, is at risk of defaulting, or is likely to
			 default, absent such assistance from the United States Government.
			(b)Limit on Use of
			 Borrowed FundsThe Secretary
			 of the Treasury shall not, directly or indirectly, use general fund revenues or
			 funds borrowed pursuant to title 31, United States Code, to purchase or
			 guarantee any asset or obligation of any State government, municipal
			 government, local government, or county government, or otherwise to assist such
			 government entity, if, on or after January 26, 2011, that State government,
			 municipal government, or county government has defaulted on its obligations, is
			 at risk of defaulting, or is likely to default, absent such assistance from the
			 United States Government.
			(c)Prohibition on
			 Federal Reserve assistanceNotwithstanding any other provision of law,
			 the Board of Governors of the Federal Reserve System shall not provide or
			 extend to, or authorize with respect to, any State government, municipal
			 government, local government, county government, or other entity that has
			 taxing authority or bonding authority, any funds, loan guarantees, credits, or
			 any other financial instrument or other authority, including the purchasing of
			 the bonds of such State, municipality, locality, county, or other bonding
			 authority, or to otherwise assist such government entity under any authority of
			 the Board of Governors.
			(d)LimitationSubsections
			 (a) through (c) shall not apply to Federal assistance provided in response to a
			 natural disaster.


116 HR 6470 IH: Medical Debt Relief Act of 2020
U.S. House of Representatives
2020-04-07
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.

I116th CONGRESS2d SessionH. R. 6470IN THE HOUSE OF REPRESENTATIVESApril 7, 2020Ms. Porter (for herself, Ms. DeLauro, Mr. Raskin, Mr. Sean Patrick Maloney of New York, Mr. García of Illinois, Ms. Norton, Mrs. Napolitano, Ms. Tlaib, Mr. Clay, Ms. Barragán, Ms. Haaland, Ms. Escobar, Mr. McGovern, Mr. Rush, Ms. Bonamici, Ms. Velázquez, Mr. Doggett, Ms. DelBene, Mr. Levin of Michigan, Mr. Blumenauer, Mr. Kilmer, Mr. Correa, Mr. Pocan, Ms. Sánchez, Mr. Nadler, Mr. Soto, Mr. Espaillat, Mr. Van Drew, Mr. Brown of Maryland, Mr. DeFazio, Mr. Ryan, Mr. Castro of Texas, Mr. Takano, Mr. Serrano, Ms. Clarke of New York, Mr. Cárdenas, Ms. Meng, Mr. Larson of Connecticut, Ms. Omar, Mr. Ted Lieu of California, Mr. Lynch, Ms. Scanlon, Mr. Neguse, Ms. Ocasio-Cortez, Mr. Johnson of Georgia, Mrs. Hayes, Mr. Malinowski, Mrs. Kirkpatrick, Mr. Lowenthal, Ms. Judy Chu of California, Mr. Levin of California, Mr. Danny K. Davis of Illinois, Ms. Jayapal, Mr. Cohen, Ms. Adams, Mr. Rouda, Ms. Jackson Lee, Ms. Schakowsky, Mr. Thompson of Mississippi, Mr. Harder of California, Mr. McEachin, Ms. Slotkin, Mr. Kennedy, and Ms. Craig) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Fair Credit Reporting Act to institute a 1-year waiting period before medical debt will be reported on a consumer’s credit report and to remove paid-off and settled medical debts from credit reports that have been fully paid or settled, to amend the Fair Debt Collection Practices Act to provide a timetable for verification of medical debt and to increase the efficiency of credit markets with more perfect information, and for other purposes.1.Short titleThis Act may be cited as the Medical Debt Relief Act of 2020.2.Amendments to Fair Credit Reporting Act(a)Medical debt definedSection 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following:(bb)Medical debtThe term medical debt means a debt described in section 604(g)(1)(C)..(b)Exclusion for paid or settled medical debtSection 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by adding at the end the following:(9)Any information relating to a medical debt if the date on which the debt was placed for collection, charged to profit or loss, or subjected to any similar action antedates the report by less than 1 year.(10)Any information relating to a fully paid or settled medical debt that had been characterized as delinquent, charged off, or in collection which, from the date of payment or settlement, antedates the report by more than 45 days..3.Amendments to the Fair Debt Collection Practices Act(a)In generalSection 809 of the Fair Debt Collection Practices Act (15 U.S.C. 1692g) is amended by adding at the end the following:(f)Additional notice requirements for medical debt(1)DefinitionsIn this subsection:(A)Consumer reporting agencyThe term consumer reporting agency has the meaning given the term in section 603(f) of the Fair Credit Reporting Act.(B)Medical debtThe term medical debt means a debt arising from the receipt of medical services, products, or devices.(2)Notice about credit reportingBefore furnishing information regarding a medical debt of a consumer to a consumer reporting agency, the person furnishing the information shall send a statement to the consumer that includes the following:(A)A notification that the medical debt may not be reported to a consumer reporting agency until the end of the 1-year period beginning on the date on which the person sends the statement.(B)The specific date that is the end of the 1-year period beginning on the date on which the person sends the statement.(C)A notification that, if the debt is settled or paid by the consumer or an insurance company during the 1-year period beginning on the date on which the person sends the statement—(i)the debt may not be reported to a consumer reporting agency; and(ii)the consumer may, during that 1-year period—(I)communicate with an insurance company to determine coverage for the debt; or(II)apply for financial assistance.(3)No reporting during 1-year period(A)In generalDuring the 1-year period described in paragraph (2), no person may communicate with, or report any information to, any consumer reporting agency regarding a debt described in that paragraph.(B)Rule of constructionNothing in subparagraph (A) may be construed to affect when a debt collector may engage in activities to collect or attempt to collect any debt owed or due or asserted to be owed.(4)Reporting after the 1-year periodNothing in this subsection shall prohibit a person from communicating with, or reporting any information to, a consumer reporting agency regarding a medical debt of a consumer after the end of the 1-year period described in paragraph (2) with respect to the debt..


116 HR 7186 IH: Utility Resilience and Reliability Act
U.S. House of Representatives
2020-06-11
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. 7186IN THE HOUSE OF REPRESENTATIVESJune 11, 2020Mr. Thompson of California (for himself, Mr. Bera, Mr. DeSaulnier, Ms. Eshoo, Mr. Huffman, Mr. Khanna, Mr. LaMalfa, Ms. Lofgren, Ms. Matsui, Mr. Panetta, and Mr. Swalwell of California) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Federal Power Act to require the Electric Reliability Organization to propose a reliability standard that addresses the resilience of the bulk-power system, and for other purposes.1.Short titleThis Act may be cited as the Utility Resilience and Reliability Act.2.Proposed reliability standardSection 215(d) of the Federal Power Act (16 U.S.C. 824o(d)) is amended by adding at the end the following new paragraph:(7)Resilience of bulk-power system(A)In generalNot later than 1 year after the date of enactment of this paragraph, the Electric Reliability Organization shall file with the Commission a proposed reliability standard that addresses the resilience of the bulk-power system.(B)Regional differencesThe proposed reliability standard filed under subsection (A) shall take into account regional differences.(C)Resilience definedIn this paragraph, the term resilience means the ability to—(i)prepare for and adapt to changing conditions; and(ii)withstand and rapidly recover from disruptions, including disruptions caused by extreme weather conditions..3.Electric grid resilience education program(a)In generalNot later than 1 year after the date of enactment of this section, the Secretary of Energy shall establish a program to provide information and recommendations to States and electric utilities on how to improve the resilience of electric grids.(b)Electric utility definedThe term electric utility has the meaning given such term in section 3 of the Federal Power Act (16 U.S.C. 796). 4.Report on planned electric power outages due to extreme weather conditionsNot later than 1 year after the date of enactment of this section, the Secretary of Energy shall submit to Congress a report, and publish such report on the website of the Department of Energy, that provides recommendations on how to minimize the need for, effects of, and duration of planned electric power outages that are due to extreme weather conditions, including such conditions under which the National Weather Service issues a red flag warning.


110 HJ 80 IH: Proposing an amendment to the Constitution of the United States prohibiting the penalty of death.
U.S. House of Representatives
2008-04-16
text/xml
EN
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IA
110th CONGRESS
2d Session
H. J. RES. 80
IN THE HOUSE OF REPRESENTATIVES

April 16, 2008
Ms. McCollum of Minnesota introduced the following joint resolution; which was referred to the Committee on the Judiciary

JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States prohibiting the penalty of death.

That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification:
  —
Neither the United States nor any State, nor any person acting under the authority of the United States or a State, shall impose or carry out the penalty of death. .


116 S382 IS: Chronic Wasting Disease Transmission in Cervidae Study Act
U.S. Senate
2019-02-07
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.

II116th CONGRESS1st SessionS. 382IN THE SENATE OF THE UNITED STATESFebruary 7, 2019Mr. Barrasso (for himself, Mr. Bennet, Mr. Jones, Ms. Baldwin, Mr. Boozman, Mrs. Capito, Ms. Collins, Mr. Cornyn, Mr. Cramer, Mr. Enzi, Mrs. Fischer, Mr. Gardner, Ms. Hassan, Mr. Hoeven, Mr. Inhofe, Mr. Johnson, Mr. King, Ms. Klobuchar, Mr. Manchin, Mr. Peters, Ms. Smith, Mr. Thune, Mr. Udall, Mr. Wicker, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryA BILLTo authorize a special resource study on the spread vectors of chronic wasting disease in Cervidae,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Chronic Wasting Disease Transmission in Cervidae Study Act. 2.DefinitionsIn this Act:
 (1)AcademyThe term Academy means the National Academy of Sciences. (2)CervidThe term cervid means any species within the family Cervidae.
 (3)Chronic wasting diseaseThe term chronic wasting disease means the animal disease afflicting deer, elk, and moose populations that— (A)is a transmissible disease of the nervous system resulting in distinctive lesions in the brain; and
 (B)belongs to the group of diseases known as transmissible spongiform encephalopathies, which group includes scrapie, bovine spongiform encephalopathy, and Creutzfeldt-Jakob disease.
 (4)SecretariesThe term Secretaries means— (A)the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service; and
 (B)the Secretary of the Interior, acting through the Director of the United States Geological Survey. 3.Chronic wasting disease transmission in cervidae resource study (a)Study (1)In generalThe Secretaries shall enter into an arrangement with the Academy under which the Academy shall conduct, and submit to the Secretaries a report describing the findings of, a special resource study to identify the predominant pathways and mechanisms of the transmission of chronic wasting disease in wild, captive, and farmed populations of cervids in the United States.
 (2)RequirementsThe arrangement under paragraph (1) shall provide that the actual expenses incurred by the Academy in conducting the study under paragraph (1) shall be paid by the Secretaries.
 (b)Contents of the studyThe study under subsection (a) shall— (1)with respect to wild, captive, and farmed populations of cervids in the United States, identify—
 (A)(i)the pathways and mechanisms for the transmission of chronic wasting disease within live cervid populations and cervid products, which may include pathways and mechanisms for transmission from Canada;
 (ii)the infection rates for each pathway and mechanism identified under clause (i); and (iii)the relative frequency of transmission of each pathway and mechanism identified under clause (i);
 (B)(i)anthropogenic and environmental factors contributing to new chronic wasting disease emergence events;
 (ii)the development of geographical areas with increased chronic wasting disease prevalence; and
 (iii)the overall geographical patterns of chronic wasting disease distribution;
 (C)significant gaps in current scientific knowledge regarding the transmission pathways and mechanisms identified under subparagraph (A)(i); and
 (D)for prioritization the scientific research projects that will address the knowledge gaps identified under subparagraph (C); and
 (2)review and compare science-based best practices, standards, and guidance regarding the management of chronic wasting disease in wild, captive, and farmed populations of cervids in the United States that have been developed by—
 (A)the National Chronic Wasting Disease Herd Certification Program of the Animal and Plant Health Inspection Service;
 (B)the United States Geological Survey; and (C)State wildlife and agricultural agencies, in the case of practices, standards, and guidance that provide practical, science-based recommendations to State and Federal agencies for minimizing or eliminating the risk of transmission of chronic wasting disease in the United States.
 (c)DeadlineThe study under subsection (a) shall be completed not later than 180 days after the date on which funds are first made available for the study.
 (d)Data sharingThe Secretaries shall share with the entity conducting the study under subsection (a) data and access to databases on chronic wasting disease under the jurisdiction of—
 (1)the Veterinary Services Program of the Animal and Plant Health Inspection Service; and
 (2)the United States Geological Survey. (e)ReportOn completion of the study, the Secretaries shall submit to the Committee on Agriculture, Nutrition, and Forestry, the Committee on Energy and Natural Resources, and the Committee on Environment and Public Works of the Senate and the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives a report that describes—
 (1)the findings of the study; and (2)any conclusions and recommendations that the Secretaries determine to be appropriate.


113 HR 1143 IH: Federal Correctional Workers Safety Act of 2013
U.S. House of Representatives
2013-03-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1143
		IN THE HOUSE OF REPRESENTATIVES

			March 13, 2013
			Mr. Stockman
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend title 18, United States Code, to
		  require the Bureau of Prisons to provide secure storage areas on institution
		  grounds outside the secure perimeter for employees authorized to carry a
		  firearm.

		1.Short titleThis Act may be cited as the
			 Federal Correctional Workers Safety
			 Act of 2013.
		2.Findings
			(1)The Law
			 Enforcement Officers Safety Act, enacted in 2004 and later amended by the Law
			 Enforcement Officers Safety Act Improvements Act of 2010, gives law enforcement
			 officers, including Bureau of Prisons (BOP) employees, the right to carry a
			 concealed firearm in all fifty States for self-protection.
			(2)The intent of the
			 law is to allow law enforcement officers to protect themselves while off
			 duty.
			(3)Correctional
			 workers in the BOP have been the targets of assaults and murders while off
			 duty.
			(4)While this law
			 allows officers to protect themselves off duty, the BOP does not allow staff to
			 carry their personal weapon on the grounds of most facilities when commuting to
			 and from work.
			(5)The BOP allows
			 carry to and from work and storage at approximately 15 facilities in the BOP,
			 but they do not reasonably explain why they allow some BOP staff to carry on
			 BOP property while others are not allowed.
			3.Secure firearms
			 storage in prison
			(a)In
			 generalChapter 303 of title 18, United States Code, is amended
			 by adding at the end the following:

					4049.Secure
				firearms storage in prisonThe
				Director of the Bureau of Prisons shall ensure that each prison facility
				provides a secure firearms storage area for use by all persons employed by the
				Bureau at the facility who are authorized to carry a firearm, or allow
				employees authorized to carry a firearm to store their firearm in a
				Bureau-approved vehicle
				lockbox.
					.
			(b)Clerical
			 amendmentThe table of sections at the beginning of chapter 303
			 of title 18, United States Code, is amended by adding at the end the
			 following:

						4049. Secure firearms storage
				in
				prison.

					.


		IIA
		Calendar No. 183
		109th CONGRESS
		1st Session
		S. J. RES. 15
		[Report No. 109–113]
		IN THE SENATE OF THE UNITED STATES

			April 19, 2005
			Mr. Brownback (for himself, Mr. Dorgan, Mr. Dodd, Mr. Inouye, Mr. Cochran, Mr. Akaka, Mrs. Boxer, Mr. Crapo, Mr. Johnson, Ms. Landrieu, Mr. Lautenberg, Ms. Cantwell, and Mr. Inouye) introduced the following joint resolution; which was read twice and referred to the Committee on Indian Affairs

			July 28, 2005
			Reported by Mr. McCain, without amendment

		JOINT RESOLUTION
		To acknowledge a long history of official depredations and ill-conceived policies by the United
			 States Government regarding Indian tribes and offer an apology to all
			 Native Peoples on behalf of the United States.

			Whereas the ancestors of today's Native Peoples inhabited the land of the present-day United States
			 since time immemorial and for thousands of years before the arrival of
			 peoples of European descent;

			Whereas the Native Peoples have for millennia honored, protected, and stewarded this land we
			 cherish;

			Whereas the Native Peoples are spiritual peoples with a deep and abiding belief in the Creator, and
			 for millennia their peoples have maintained a powerful spiritual
			 connection to this land, as is evidenced by their customs and legends;

			Whereas the arrival of Europeans in North America opened a new chapter in the histories of the
			 Native Peoples;

			Whereas, while establishment of permanent European settlements in North America did stir conflict
			 with nearby Indian tribes, peaceful and mutually beneficial interactions
			 also took place;

			Whereas the foundational English settlements in Jamestown, Virginia, and Plymouth, Massachusetts,
			 owed their survival in large measure to the compassion and aid of the
			 Native Peoples in their vicinities;

			Whereas in the infancy of the United States, the founders of the Republic expressed their desire
			 for a just relationship with the Indian tribes, as evidenced by the
			 Northwest Ordinance enacted by Congress in 1787, which begins with the
			 phrase, The utmost good faith shall always be observed toward the Indians;

			Whereas Indian tribes provided great assistance to the fledgling Republic as it strengthened and
			 grew, including invaluable help to Meriwether Lewis and William Clark on
			 their epic journey from St. Louis, Missouri, to the Pacific Coast;

			Whereas Native Peoples and non-Native settlers engaged in numerous armed conflicts;

			Whereas the United States Government violated many of the treaties ratified by Congress and other
			 diplomatic agreements with Indian tribes;

			Whereas this Nation should address the broken treaties and many of the more ill-conceived Federal
			 policies that followed, such as extermination, termination, forced removal
			 and relocation, the outlawing of traditional religions, and the
			 destruction of sacred places;

			Whereas the United States forced Indian tribes and their citizens to move away from their
			 traditional homelands and onto federally established and controlled
			 reservations, in accordance with such Acts as the Indian Removal Act of
			 1830;

			Whereas many Native Peoples suffered and perished—

				(1)
				during the execution of the official United States Government policy of forced removal, including
			 the infamous Trail of Tears and Long Walk;

				(2)
				during bloody armed confrontations and massacres, such as the Sand Creek Massacre in 1864 and the
			 Wounded Knee Massacre in 1890; and

				(3)
				on numerous Indian reservations;

			Whereas the United States Government condemned the traditions, beliefs, and customs of the Native
			 Peoples and endeavored to assimilate them by such policies as the
			 redistribution of land under the General Allotment Act of 1887 and the
			 forcible removal of Native children from their families to faraway
			 boarding schools where their Native practices and languages were degraded
			 and forbidden;

			Whereas officials of the United States Government and private United States citizens harmed Native
			 Peoples by the unlawful acquisition of recognized tribal land and the
			 theft of tribal resources and assets from recognized tribal land;

			Whereas the policies of the United States Government toward Indian tribes and the breaking of
			 covenants with Indian tribes have contributed to the severe social ills
			 and economic troubles in many Native communities today;

			Whereas, despite the wrongs committed against Native Peoples by the United States, the Native
			 Peoples have remained committed to the protection of this great land, as
			 evidenced by the fact that, on a per capita basis, more Native people have
			 served in the United States Armed Forces and placed themselves in harm's
			 way in defense of the United States in every major military conflict than
			 any other ethnic group;

			Whereas Indian tribes have actively influenced the public life of the United States by continued
			 cooperation with Congress and the Department of the Interior, through the
			 involvement of Native individuals in official United States Government
			 positions, and by leadership of their own sovereign Indian tribes;

			Whereas Indian tribes are resilient and determined to preserve, develop, and transmit to future
			 generations their unique cultural identities;

			Whereas the National Museum of the American Indian was established within the Smithsonian
			 Institution as a living memorial to the Native Peoples and their
			 traditions; and

			Whereas Native Peoples are endowed by their Creator with certain unalienable rights, and that among
			 those are life, liberty, and the pursuit of happiness: Now, therefore, be
			 it

			1.
			Acknowledgment and apology
			The United States, acting through Congress—

				(1)
				recognizes the special legal and political relationship the Indian tribes have with the United
			 States and the solemn covenant with the land we share;

				(2)
				commends and honors the Native Peoples for the thousands of years that they have stewarded and
			 protected this land;

				(3)
				recognizes that there have been years of official depredations, ill-conceived policies, and the
			 breaking of covenants by the United States Government regarding Indian
			 tribes;

				(4)
				apologizes on behalf of the people of the United States to all Native Peoples for the many
			 instances of violence, maltreatment, and neglect inflicted on Native
			 Peoples by citizens of the United States;

				(5)
				expresses its regret for the ramifications of former wrongs and its commitment to build on the
			 positive relationships of the past and present to move toward a brighter
			 future where all the people of this land live reconciled as brothers and
			 sisters, and harmoniously steward and protect this land together;

				(6)
				urges the President to acknowledge the wrongs of the United States against Indian tribes in the
			 history of the United States in order to bring healing to this land by
			 providing a proper foundation for reconciliation between the United States
			 and Indian tribes; and

				(7)
				commends the State governments that have begun reconciliation efforts with recognized Indian tribes
			 located in their boundaries and encourages all State governments similarly
			 to work toward reconciling relationships with Indian tribes within their
			 boundaries.

			2.
			Disclaimer
			Nothing in this Joint Resolution—

				(1)
				authorizes or supports any claim against the United States; or

				(2)
				serves as a settlement of any claim against the United States.

		July 28, 2005
		Reported without amendment


117 HRES 630 IH: Expressing the sense of Congress that President Biden must secure the United States from terror threats by denying entry to certain individuals due to a heightened terror threat from an unstable Afghanistan.
U.S. House of Representatives
2021-09-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV117th CONGRESS1st SessionH. RES. 630IN THE HOUSE OF REPRESENTATIVESSeptember 10, 2021Mr. Meuser submitted the following resolution; which was referred to the Committee on the JudiciaryRESOLUTIONExpressing the sense of Congress that President Biden must secure the United States from terror threats by denying entry to certain individuals due to a heightened terror threat from an unstable Afghanistan.Whereas the Biden administration’s evacuation of United States citizens, military personnel, and Afghan allies from Afghanistan was ill-executed and required additional military personnel to be placed in a dangerously untenable position to complete an unnecessarily hasty withdrawal;Whereas the resulting instability in Afghanistan threatens the safety of American citizens and the security of the American homeland;Whereas 13 United States soldiers were killed by a terrorist attack at Hamid Karzai International Airport on August 26, 2021;Whereas estimates indicate 5,000 to 7,000 prisoners were released by the Taliban when they captured Bagram Air Base, including many al-Qaida operatives;Whereas Afghanistan has previously been a hub for terrorist activity and training;Whereas Pentagon officials have warned that extremist groups could regenerate in Afghanistan within two years of the United States withdrawing military forces;Whereas, in July 2021, U.S. Customs and Border Protection reported 212,672 encounters on the southwest border, the highest recorded level;Whereas the Biden administration has rescinded or weakened border security policies including the southwest border wall, the Migrant Protection Protocols, and title 42 expulsion; andWhereas the President has broad authority under section 212(f) of the Immigration and Nationality Act to deny entry to aliens who pose a threat to the United States and the American people: Now, therefore, be itThat the House of Representatives calls on President Biden to use his executive authority under section 212(f) of the Immigration and Nationality Act to secure the border and points of entry by denying entry to individuals from Afghanistan who pose a terrorist threat to the United States.


116 HR 3203 IH: Marine Energy Research and Development Act of 2019
U.S. House of Representatives
2019-06-11
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. 3203IN THE HOUSE OF REPRESENTATIVESJune 11, 2019Mr. Deutch (for himself and Ms. Bonamici) introduced the following bill; which was referred to the Committee on Science, Space, and TechnologyA BILLTo provide research, development, and deployment of marine energy, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Marine Energy Research and Development Act of 2019. (b)Table of contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Purpose.
					Sec. 3. Amendment to short title.
					Sec. 4. Definition of marine energy.
					Sec. 5. Marine energy research and development.
					Sec. 6. National Marine Energy Centers.
					Sec. 7. Authorization of appropriations.

			2.Purpose
 It is the purpose of this Act to support marine energy programs that— (1)promote the research and development of increased energy generation and capacity at reduced costs;
 (2)promote research and development that improves environmental outcomes of marine energy technologies;
 (3)provide grid stability and create new market opportunities; and (4)promote job creation in the energy sector.
 3.Amendment to short titleSection 631 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17001) is amended by striking and Hydrokinetic Renewable from the short title.
 4.Definition of marine energySection 632 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17211) is amended to read as follows:

 632.DefinitionsFor purposes of this subtitle, the term marine energy means energy from— (1)waves, tides, and currents in oceans, estuaries, and tidal areas;
 (2)free flowing hydrokinetic water in rivers, lakes, and streams; (3)free flowing hydrokinetic water in man-made channels; and
 (4)differentials in ocean temperature (ocean thermal energy conversion).. 5.Marine energy research and developmentSection 633 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17212) is amended to read as follows:

				633.Marine energy research and development
 (a)In generalThe Secretary, acting through the Water Power Technologies Office, in consultation with the Secretary of the Interior, the Secretary of Commerce, and the Federal Energy Regulatory Commission, shall conduct a program to accelerate the introduction of marine energy production into the United States energy supply, giving priority to technologies most likely to lead to commercial utilization, while fostering accelerated research, development, demonstration, and commercial application of technology, including programs to—
 (1)assist technology development at a variety of scales, including full scale prototypes, in order to improve the components, processes, and systems used for power generation from marine energy resources;
 (2)establish and expand critical testing infrastructure and facilities necessary to— (A)cost-effectively and efficiently test and prove marine energy devices; and
 (B)accelerate the technological readiness and commercialization of such devices; (3)support efforts to increase the efficiency of energy conversion, lower the cost, increase the use, improve the reliability, and demonstrate the applicability of marine energy technologies by participating in demonstration projects;
 (4)investigate variability issues and the efficient and reliable integration of marine energy with the utility grid;
 (5)identify and study critical short- and long-term needs to create a sustainable marine energy supply chain based in the United States;
 (6)increase the reliability and survivability of marine energy technologies; (7)verify the performance, reliability, maintainability, and cost of new marine energy device designs and system components in an operating environment;
 (8)consider the protection of critical infrastructure, such as adequate separation between marine energy devices and projects and submarine telecommunications cables, including consideration of established industry standards;
						(9)
 (A)coordinate the programs carried out under this section with, and avoid duplication of activities across, programs of the Department and other applicable Federal agencies, including National Laboratories; and
 (B)coordinate public-private collaboration in carrying out the programs under this section; (10)identify opportunities for joint research and development programs and the development of economies of scale between—
 (A)marine energy technologies; and (B)other renewable energy and fossil energy programs, offshore oil and gas production activities, and activities of the Department of Defense;
 (11)identify, in conjunction with the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, and other relevant Federal agencies as appropriate, the potential environmental impacts, including potential impacts on fisheries and other marine resources, of marine energy technologies, measures to prevent adverse impacts, and technologies and other means available for monitoring and determining environmental impacts;
 (12)identify, in conjunction with the Secretary of the Department in which the United States Coast Guard is operating, acting through the Commandant of the United States Coast Guard, the potential navigational impacts of marine energy technologies and measures to prevent adverse impacts on navigation; and
 (13)support in-water technology development with international partners using existing cooperative procedures (including memoranda of understanding) to—
 (A)allow cooperative funding and other support of value to be exchanged and leveraged; and (B)encourage international research centers and international companies to participate in the development of marine energy technology in the United States and to encourage United States research centers and companies to participate in marine energy projects abroad.
 (b)Cost sharing and merit reviewThe Secretary shall carry out the program under this section in compliance with sections 988 and 989 of the Energy Policy Act of 2005 (42 U.S.C. Sec. 16352, 16353)..
 6.National Marine Energy CentersSection 634 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17213) is amended by striking subsections (a) and (b) and inserting the following:

 (a)CentersThe Secretary shall award grants to institutions of higher education for continuation and expansion of the research, development, and testing activities at the National Marine Energy Centers established as of January 1, 2019, and the establishment of new National Marine Energy Centers. In selecting locations for new Centers, the Secretary shall consider one of the following criteria:
 (1)Hosts an existing marine energy research and development program in coordination with an engineering program at an institution of higher education.
 (2)Has proven expertise to support environmental and policy-related issues associated with the harnessing of energy in the marine environment.
 (3)Has access to and utilizes marine resources. (b)PurposesThe Centers shall coordinate among themselves, the Department and the National Laboratories to—
 (1)advance research, development, and demonstration of marine energy technologies; (2)support in-water testing and demonstration of marine energy technologies, including facilities capable of testing—
 (A)marine energy systems of various technology readiness levels and scales; (B)a variety of technologies in multiple test berths at a single location; and
 (C)arrays of technology devices; and (3)serve as information clearinghouses for the marine energy industry by collecting and disseminating information on best practices in all areas relating to developing and managing marine energy resources and energy systems.
 (c)Cost sharingThe Secretary shall carry out the program under this section in compliance with section 988(b)(4) of the Energy Policy Act of 2005 (42 U.S.C. 16352)..
 7.Authorization of appropriationsSection 636 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215) is amended by inserting and $150,000,000 for each of fiscal years 2020 and 2021  after 2008 through 2012.


116 HR 3728 IH: Fight for a Modern Minimum Wage Act
U.S. House of Representatives
2019-07-11
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. 3728IN THE HOUSE OF REPRESENTATIVESJuly 11, 2019Mr. Rooney of Florida introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Fair Labor Standards Act of 1938 to provide for the adjustment of the minimum wage
			 rate and to provide a regional minimum wage option, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Fight for a Modern Minimum Wage Act. 2.Amendments to the Fair Labor Standards Act of 1938 (a)Minimum wage rateSection 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows:

 (1)except as otherwise provided in this section, not less than— (A)$8.50 an hour, beginning on January 1, 2020; and
 (B)beginning on the date that is 5 years after the date under subparagraph (A), and quinquennially thereafter, the amount determined by the Secretary under subsection (h);.
 (b)Wage rate adjustment and regional minimum wageSection 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following:

					(h)
 (1)Not later than 1 year before a new minimum wage rate determined under subsection (a)(1)(B) is to take effect, the Secretary shall determine the minimum wage rate to be in effect pursuant to this subsection for the subsequent 5-year period. The minimum wage rate determined pursuant to this subsection for a year shall be—
 (A)not less than the amount in effect under subsection (a)(1) on the date of such determination; (B)increased from such amount by the annual percentage increase in the Consumer Price Index Research Series Using Current Methods, or its successor publication, as determined by the Bureau of Labor Statistics; and
 (C)rounded to the nearest multiple of $0.05. (2)In calculating the annual percentage increase in the Consumer Price Index Research Series Using Current Methods for the purposes of paragraph (1)(B), the Secretary shall compare such Consumer Price Index Research Series Using Current Methods for the most recent month, quarter, or year available (as selected by the Secretary prior to the first year for which a minimum wage is in effect pursuant to this subsection) with the Consumer Price Index Research Series Using Current Methods for the same month in the last year in which the minimum wage rate under subsection (a)(1) was updated, the same quarter in such year, or such year, respectively.
						(i)
 (1)Notwithstanding subsection (a)(1), the wage rate in effect under subsection (a) for a State or locality shall be the regional minimum wage rate set by the Secretary for such State or locality under paragraph (2) with respect to such State or locality if—
 (A)such State or locality opts for such regional minimum wage rate and notifies the Secretary; and (B)such regional minimum wage rate is not less than the wage rate in effect under subsection (a)(1).
							(2)
 (A)Not later than 1 year before a new minimum wage rate determined under subsection (a)(1)(B) is to take effect, the Secretary shall determine the regional minimum wage rate for each State and locality under this subsection.
 (B)With respect to a State, the regional minimum wage rate shall be equal to— (i)the amount to take effect under subsection (a)(1)(B);
 (ii)adjusted by the percentage difference between the most recent regional price parity with respect to such State and the national price level, published by the Bureau of Economic Analysis of the Department of Commerce; and
 (iii)rounded to the nearest multiple of $0.05. (C)With respect to a locality, the regional minimum wage rate shall be equal to—
 (i)the amount to take effect under (a)(1)(B); (ii)adjusted by the percentage difference between the most recent regional price parity with respect to the metropolitan statistical area in which such locality is located, or if the locality is not located within a metropolitan statistical area, with respect to the State in which the locality is located, and the national price level, published by the Bureau of Economic Analysis of the Department of Commerce; and
 (iii)rounded to the nearest multiple of $0.05. (3)A locality may not opt for the regional minimum wage under paragraph (1)—
 (A)if such locality is located in a State with a law that prohibits any locality within such State from adopting a minimum wage rate that is higher than a specified rate; and
 (B)such specified rate is less than the regional minimum wage rate for such locality determined by the Secretary under paragraph (2)..


114 HR 3142 IH: Cruise Passenger Protection Act
U.S. House of Representatives
2015-07-21
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
		1st Session
		H. R. 3142
		IN THE HOUSE OF REPRESENTATIVES

			July 21, 2015
			Ms. Matsui (for herself, Mr. Poe of Texas, and Mr. Himes) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

		A BILL
		To improve passenger vessel security and safety, and for other purposes.

		1.Short title; references
 (a)Short titleThis Act may be cited as the Cruise Passenger Protection Act. (b)References to title 46, United States CodeExcept as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 46, United States Code.
 2.Cruise vessel subchapterChapter 35 is amended: (1)by inserting before section 3501 the following:

					IGeneral provisions;
 (2)by inserting before section 3507 the following:  IICruise vessels; and(3)by redesignating sections 3507 and 3508 as sections 3523 and 3524, respectively.
 3.ApplicationChapter 35, as amended by section 2 of this Act, is further amended by inserting before section 3523 the following:

				3521.Application
 (a)In generalThis subchapter applies to a passenger vessel (as defined in section 2101(22)) that— (1)is authorized to carry at least 250 passengers;
 (2)has on board sleeping facilities for each passenger; (3)is on a voyage that embarks or disembarks passengers in the United States; and
 (4)is not engaged on a coastwise voyage. (b)Federal and State vesselsThis subchapter does not apply to a vessel of the United States operated by the Federal Government or a vessel owned and operated by a State..
 4.DefinitionsChapter 35, as amended by section 3 of this Act, is further amended by inserting after section 3521 the following:

 3522.DefinitionsIn this subchapter: (1)CommandantThe term Commandant means the Commandant of the Coast Guard.
 (2)OwnerThe term owner means the owner, charterer, managing operator, master, or other individual in charge of a vessel. (3)SecretaryExcept as otherwise expressly provided, the term Secretary means the Secretary of the department in which the Coast Guard is operating..
 5.Bill of rightsNot later than 180 days after the date of enactment of the Cruise Passenger Protection Act, the Secretary of Transportation shall determine whether any of the enumerated rights in the international cruise line passenger bill of rights, that was adopted by the members of the Cruise Lines International Association, are enforceable under Federal law.
		6.Crime reporting and public notice
 (a)Availability of log book and entries to FBI and other investigatorsSection 3523(g)(1), as redesignated under section 2 of this Act, is amended— (1)in subparagraph (A), by striking in a centralized location readily accessible to law enforcement personnel,; and
 (2)in subparagraph (B), by striking make such log book available and inserting make the log book and all entries therein available, whether the log book and entries are maintained on board the vessel or at a centralized location off the vessel, .
 (b)Deadline To notify Federal Bureau of Investigation regarding certain incidentsSection 3523(g)(3)(A)(i), as redesignated under section 2 of this Act, is amended— (1)by striking shall contact and inserting subject to subparagraph (C), shall contact; and
 (2)by striking after the occurrence on board the vessel of an incident involving and inserting , but not later than 4 hours, after an employee of the vessel is notified of an incident on board the vessel allegedly involving.
 (c)Reports before departureSection 3523(g)(3), as redesignated under section 2 of this Act, is amended by adding at the end the following:

 (C)Reports before departureIf an employee of a vessel to which this subchapter applies is notified of an incident under subparagraph (A)(i) while the vessel is within the admiralty and maritime jurisdiction of the United States and en route to a United States port or at a United States port, the owner of the vessel (or the owner's designee) shall contact the nearest Federal Bureau of Investigation Field Office or Legal Attache not later than the time specified under subparagraph (A)(i) or before the vessel departs port, whichever is earlier..
 (d)Reports to United States consulatesSection 3523(g)(3), as redesignated under section 2 of this Act and as amended by subsection (c) of this section, is further amended by adding at the end the following:

 (D)Reports to United States consulatesIf an incident under subparagraph (A)(i) allegedly involves an offense by or against a United States national, in addition to contacting the nearest Federal Bureau of Investigation Field Office or Legal Attache under that subparagraph, the owner of a vessel to which this subchapter applies (or the owner's designee) shall contact the United States consulate at the next port of call not later than the time specified under subparagraph (A)(i)..
 (e)Reports to Secretary of Transportation; incidents and detailsSection 3523(g)(3)(A), as redesignated under section 2 of this Act, is amended— (1)in clause (ii), by striking the incident to an Internet based portal maintained by the Secretary and inserting each incident under clause (i), including the details under paragraph (2), to the Internet based portal maintained by the Secretary of Transportation under section 3525(a); and
 (2)in clause (iii), by striking by the Secretary and inserting by the Secretary of Transportation under section 3525(a). (f)Availability of security guide via InternetSection 3523(c)(1), as redesignated under section 2 of this Act, is amended—
 (1)in subparagraph (A)— (A)by striking a guide (referred to in this subsection as the security guide and inserting a security guide; and
 (B)by striking English, which and inserting English, that; and (2)in subparagraph (C), by striking on the website of the vessel owner and inserting via a prominently accessible link on each Internet website that the cruise line maintains for passengers to purchase or book cruises on any vessel that the cruise line owns or operates, and to which this subchapter applies.
				7.Crime prevention, documentation, and response requirements
 (a)Maintenance and placement of video surveillance equipmentSection 3523(b)(1), as redesignated under section 2 of this Act, is amended— (1)by inserting (A) In General.— before The owner and resetting the text accordingly;
 (2)by striking , as determined by the Secretary; and (3)by adding at the end, the following:

 (B)Placement of video surveillance equipmentWith regard to the placement of video surveillance equipment on a vessel under subparagraph (A), the owner shall—
 (i)place video surveillance equipment in each passenger common area where a person has no reasonable expectation of privacy;
 (ii)place video surveillance equipment in other areas where a person has no reasonable expectation of privacy; and
 (iii)place video surveillance equipment in each area identified under clauses (i) and (ii) in a manner that provides optimum surveillance of that area..
 (b)Access to video recordsSection 3523(b), as redesignated under section 2 of this Act, is amended— (1)by redesignating paragraph (2) as paragraph (3); and
 (2)in paragraph (3), as redesignated— (A)by inserting (A) Law enforcement.— before The owner and resetting the text accordingly; and
 (B)by adding at the end, the following:  (B)Civil actionsThe owner of a vessel to which this subchapter applies shall provide to any individual or the individual's legal representative, upon written request, a copy of all records of video surveillance—
 (i)in which the individual is a subject of the video surveillance; and (ii)that may provide evidence in a civil action.
 (C)Limited accessExcept as provided under subparagraphs (A) and (B), the owner of a vessel to which this subchapter applies shall ensure that access to records of video surveillance is limited to the purposes under this section..
 (c)Notice of video surveillanceSection 3523(b), as amended by subsection (b) of this section, is further amended by inserting before paragraph (3), the following:

 (2)Notice of video surveillanceThe owner of a vessel to which this subchapter applies shall provide clear and conspicuous signs on board the vessel notifying the public of the presence of video surveillance equipment..
 (d)Retention requirementsSection 3523(b), as amended by subsection (b) of this section, is further amended by adding at the end, the following:

					(4)Retention requirements
 (A)In generalThe owner of a vessel to which this subchapter applies shall retain all records of video surveillance for a voyage for not less than 30 days after the completion of the voyage. If an incident described in subsection (g)(3)(A)(i) is alleged and reported to law enforcement, all records of video surveillance from the voyage that the Federal Bureau of Investigation determines are relevant shall—
 (i)be provided to the Federal Bureau of Investigation; and (ii)be preserved by the vessel owner for not less than 5 years from the date of the alleged incident.
 (B)Interim standardsNot later than 180 days after the date of enactment of the Cruise Passenger Protection Act, the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate interim standards for the retention of records of video surveillance.
 (C)Final standardsNot later than 1 year after the date of enactment of the Cruise Passenger Protection Act, the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate final standards for the retention of records of video surveillance.
 (D)ConsiderationsIn promulgating standards under subparagraphs (B) and (C), the Commandant shall— (i)consider factors that would aid in the investigation of serious crimes, including crimes that go unreported until after the completion of a voyage;
 (ii)consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels newly built;
 (iii)consider privacy, including standards for permissible access to and monitoring and use of the records of video surveillance; and
 (iv)consider technological advancements, including requirements to update technology.. (e)Authority To provide assistance to victims of crimes on board passenger vesselsChapter 35 is further amended by adding at the end the following:

					3525.Assistance to victims of crimes on board certain passenger vessels
						(a)Availability of incident data via Internet
 (1)In generalThe Secretary of Transportation shall maintain a statistical compilation of all incidents described in section 3523(g)(3)(A) on an Internet website that provides a numerical accounting of the missing persons and alleged crimes duly recorded in each report filed under paragraph (3) of that section. Each such incident shall be included in the statistical compilation irrespective of its investigative status. The data shall be updated not less frequently than quarterly, be aggregated by the cruise line, identify each cruise line by name, identify each crime and alleged crime as to whether it was committed or allegedly committed by a passenger or crew member, identify each crime and alleged crime as to whether it was committed or allegedly committed against a minor, and identify the number of alleged individuals overboard. The Secretary of Transportation shall ensure that the compilation, data, and any other information provided on the Internet website is in a user-friendly format.
 (2)Access to websiteEach owner of a passenger vessel shall include a prominently accessible link to the Internet website maintained by the Secretary of Transportation under paragraph (1) on each Internet website that the owner maintains for prospective passengers to purchase or book passage on the passenger vessel.
 (b)RegulationsThe Secretary of Transportation shall issue such regulations as are necessary to implement this section..
 (f)StudyNot later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in coordination with the Secretary of the department in which the Coast Guard is operating, Attorney General, and heads of other relevant Federal agencies, shall conduct a study to determine the feasibility of having an individual on board each passenger vessel to provide victim support services and related safety and security services, and shall report the findings to Congress. The study shall include consideration of the cost, the benefit to passengers, jurisdiction, and logistics.
 (g)Criminal activity prevention and response guideSection 3523(c)(1), as amended by section 6(f) of this Act, is further amended by amending subparagraph (B) to read as follows:

 (B)provide a copy of the security guide to— (i)the Secretary of Transportation for review;
 (ii)the Federal Bureau of Investigation for comment; and (iii)a passenger immediately after the vessel is notified that the passenger is an alleged victim of an incident described under subsection (g)(3)(A)(i); and.
 (h)Maintenance of supplies To prevent sexually transmitted diseasesSection 3523(d)(1), as redesignated by section 2 of this Act, is amended by inserting (taking into consideration the length of the voyage and the number of passengers and crewmembers that the vessel can accommodate) after a sexual assault.
 (i)Crime scene preservation training; certification of organizations by MARADSection 3524(a), as redesignated by section 2 of this Act, is amended by striking may certify and inserting shall certify. (j)Crew access to passenger staterooms; procedures and restrictionsSection 3523(f), as redesignated by section 2 of this Act, is amended—
 (1)in paragraph (1)— (A)by striking and at the end subparagraph (A); and
 (B)by adding at the end the following:  (C)a system that electronically records the date, time, and identity of each crew member accessing each passenger stateroom; and; and
 (2)in paragraph (2), by striking are fully and properly implemented and periodically reviewed. and inserting are fully and properly implemented, reviewed annually, and updated as necessary.. (k)Technology for detecting passengers who have fallen overboard requiredSection 3523(a)(1)(D), as redesignated by section 2 of this Act, is amended by striking or and inserting and.
			8.Passenger vessel security and safety requirements
 (a)Vessel design, equipment, construction, and retrofitting requirementsSection 3523(a), as redesignated by section 2 of this Act, is amended— (1)in paragraph (1)—
 (A)in the matter preceding subparagraph (A), by striking to which this subsection applies and inserting to which this subchapter applies; (B)in subparagraph (A)—
 (i)by striking The vessel  and inserting Each exterior deck of a vessel; and (ii)by striking the period at the end and inserting unless the height requirement would interfere with the deployment of a lifesaving device or other emergency equipment as identified by the Commandant.; and
 (C)in subparagraph (B), by striking entry doors that include peep holes or other means of visual identification. and inserting an entry door that includes a peep hole or other means of visual identification that provides an unobstructed view of the area outside the stateroom or crew cabin. For purposes of this subparagraph, the addition of an optional privacy cover on the interior side of the entry shall not in and of itself constitute an obstruction.; and
 (2)by adding at the end the following:  (4)Waivers; record of waiversThe Secretary—
 (A)may waive a requirement under paragraph (1) as the Secretary determines necessary; (B)shall maintain a record of each waiver under subparagraph (A); and
 (C)shall include in such record the justification for each waiver under subparagraph (A).. (b)Medical standards (1)In generalSection 3523, as amended by section 2 of this Act, is amended—
 (A)by redesignating subsection (l) as subsection (m); and (B)by inserting after subsection (k) the following:

							(l)Medical standards
 (1)In generalThe owner of a vessel to which this section applies shall ensure that— (A)a physician is always present and available to treat any passengers who may be on board the vessel in the event of an emergency situation;
 (B)there is a sufficient number of qualified medical staff on board the vessel to treat the number of passengers who may be on board the vessel, as determined by the Secretary by regulation;
 (C)if a United States citizen dies on board the vessel and the citizen’s next of kin requests that the citizen’s body return to the United States on board the vessel, such request is granted;
 (D)every crew member on board the vessel has received basic life support training and is certified in cardiopulmonary resuscitation;
 (E)automated external defibrillators are— (i)placed throughout the vessel in clearly designated locations; and
 (ii)available for passenger access in the event of an emergency; and (F)the initial safety briefing given to the passengers on board the vessel includes—
 (i)the location of the vessel’s medical facilities; (ii)the appropriate steps passengers should follow during a medical emergency;
 (iii)the location and proper use of automated external defibrillators; and (iv)the proper way to report an incident or to seek security assistance in the event of a medical emergency.
 (2)Physician definedIn this subsection the term physician means a medical doctor who— (A)has at least 3 years of post-graduate, post-registration experience in general and emergency medicine; or
 (B)is board certified in emergency medicine, family medicine, or internal medicine.. (2)ApplicationThe amendment made by paragraph (1)(B) shall apply on and after the date that is 180 days after the date of the enactment of this Act.
 (c)Definition of exterior deckSection 3523, as redesignated by section 2 of this Act, is amended by striking subsection (m), as redeisgnated by subsection (b) of this section, and inserting the following:

 (l)Definition of exterior deckIn this section, the term exterior deck means any exterior weather deck on which a passenger may be present, including passenger stateroom balconies, exterior promenades on passenger decks, muster stations, and similar exterior weather deck areas..
			9.Enforcement
			(a)Information sharing
 (1)In generalTo the extent not prohibited by other law, the head of a designated agency shall make available to another head of a designated agency any information necessary to carry out the provisions of subchapter II of chapter 35 of title 46, United States Code. The provision by the head of a designated agency of any information under this subsection to another head of a designated agency shall not constitute a waiver, or otherwise effect, any privilege any agency or person may claim with respect to that information under Federal or State law.
 (2)Definition of head of a designated agencyIn this subsection, the term head of a designated agency means the Secretary of Transportation, Secretary of Homeland Security, or Attorney General. (b)Passenger vessel security and safety requirements; denial of entrySection 3523(h), as redesignated by section 2 of this Act, is amended—
 (1)by striking paragraph (2); (2)by striking Enforcement.— in the heading and inserting Penalties.—;
 (3)by striking (1) Penalties.— through (A) Civil penalty.— and inserting (1) Civil penalty.—; and (4)by redesignating subparagraph (B) as paragraph (2).
 (c)Denial of entrySection 3524(f), as redesignated by section 2 of this Act, is repealed. (d)EnforcementChapter 35, as amended by section 7 of this Act, is further amended by adding at the end the following:

					3526.Refusal of clearance; denial of entry
 (a)ClearanceThe Secretary of Homeland Security may withhold or revoke the clearance required under section 60105 of any vessel of the owner of a vessel to which this subchapter applies, wherever the vessel is found, if the owner of the vessel—
 (1)commits an act or omission for which a penalty may be imposed under this subchapter; or (2)fails to pay a penalty imposed on the owner under this subchapter.
 (b)Denial of entryThe Secretary of the department in which the Coast Guard is operating may deny entry into the United States to a vessel to which this subchapter applies if the owner of the vessel—
 (1)commits an act or omission for which a penalty may be imposed under this subchapter; or (2)fails to pay a penalty imposed on the owner under this subchapter..
			10.Technical and conforming amendments
			(a)Application
 (1)Section 3523, as redesignated by section 2 of this Act, is amended— (A)by striking subsection (k); and
 (B)by redesignating subsection (l), as amended by section 8 of this Act, as subsection (k). (2)Section 3523, as redesignated by section 2 of this Act, is amended by striking to which this section applies each place it appears and inserting to which this subchapter applies.
 (3)Section 3524, as redesignated by section 2 of this Act, is amended by striking to which this section applies each place it appears and inserting to which this subchapter applies. (b)Availability of incident data via InternetSection 3523(g)(4), as redesignated under section 2 of this Act, is repealed.
 (c)Elapsed effective datesSection 3523(a), as amended by section 8 of this Act, is further amended— (1)by striking paragraph (3); and
 (2)by redesignating paragraph (4) as paragraph (3). (d)ProceduresSection 3523(i), as redesignated by section 2 of this Act, is amended by striking Within 6 months after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the and inserting The.
 (e)Table of contentsThe table of contents for chapter 35 is amended— (1)by inserting before the item relating to section 3501 the following:

							Subchapter I. General provisions;
 (2)by striking the item relating to section 3507 and inserting the following:   3523. Passenger vessel security and safety requirements.; (3)by striking the item relating to section 3508 and inserting the following:

							3524. Crime scene preservation training for passenger vessel crewmembers.;
 (4)by inserting after the item relating to section 3506 the following:   Subchapter II. Cruise vessels; (5)by inserting before the item relating to section 3523, the following:

							3521. Application.
							3522. Definitions.;
 and(6)by adding at the end the following:   3525. Assistance to victims of crimes on board certain passenger vessels. 3526. Refusal of clearance; denial of entry..


115 HR 6196 IH: Alerting Local Leaders and Ensuring Responsible Guidelines for Youth Act
U.S. House of Representatives
2018-06-22
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 CONGRESS2d SessionH. R. 6196IN THE HOUSE OF REPRESENTATIVESJune 22, 2018Mr. Cartwright introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo amend the Elementary and Secondary Education Act of 1965 to require local educational agencies
			 to implement a policy on allergy bullying in schools.

 1.Short titleThis Act may be cited as the Alerting Local Leaders and Ensuring Responsible Guidelines for Youth Act or the ALLERGY Act. 2.Requirement for policies on allergy-related bullyingPart F of title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following:

				6Policies on allergy bullying
					8581.Requirements
 (a)In generalAs a condition of receiving funds under this Act, a local educational agency shall establish and implement a policy on allergy bullying in the schools served by the local educational agency, which, at a minimum, requires that each such school—
 (1)educate students, school personnel, and parents about allergy bullying, and that such bullying is against the rules of the school;
 (2)clearly define what the punishment or response may be for a violation of the rule against allergy bullying, which may include a therapeutic response, where appropriate;
 (3)have in effect policies and procedures that encourage each victim of allergy bullying to report such bullying to school personnel; and
 (4)in carrying out the requirements of paragraphs (1) through (3), is in compliance with the requirements of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
 (b)CertificationAs a condition of receiving funds under this Act, a local educational agency shall certify in writing not later than October 1 of each year to the State educational agency involved that the local educational agency has established and implemented the policy described in subsection (a). The State educational agency shall report to the Secretary not later than November 1 of each year a list of those local educational agencies that have not filed a certification or against which complaints have been made to the State educational agency that the local educational agency is not in compliance with this section.
 (c)DefinitionThe term allergy bullying means unwanted, aggressive behavior by a student toward another student with an allergy and includes—
 (1)a real or perceived imbalance of power due to such other student’s allergy, such as physical strength, access to embarrassing information, or popularity, to control or harm such other student; and
 (2)actions such as making threats, spreading rumors, physical or verbal attacks, and excluding such other student from a group on purpose..
 3.Table of contentsThe table of contents for the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to section 8574, the following:

					Subpart 6—Policies on Allergy Bullying
					Sec. 8581. Requirements..


115 HR 3615 IH: Vaccine Safety Study Act
U.S. House of Representatives
2017-07-28
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. 3615IN THE HOUSE OF REPRESENTATIVESJuly 28, 2017Mr. Posey introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo direct the Secretary of Health and Human Services to conduct or support a comprehensive study
			 comparing total health outcomes, including risk of autism, in vaccinated
			 populations in the United States with such outcomes in unvaccinated
			 populations in the United States, and for other purposes.

 1.Short titleThis Act may be cited as the Vaccine Safety Study Act. 2.FindingsThe Congress finds as follows:
 (1)Securing the health of the Nation’s children is our most important concern as parents and stewards of the Nation’s future.
 (2)The Nation’s vaccine program has greatly reduced human suffering from infectious disease by preventing and reducing the outbreak of vaccine-preventable diseases.
 (3)Total health outcomes are the best measure of the success of any public health effort, including security from both chronic and infectious disease.
 (4)Childhood immunizations are an important tool in protecting children from infectious disease. (5)The number of immunizations administered to infants, pregnant women, children, teenagers, and adults has grown dramatically over recent years.
 (6)The incidence of chronic, unexplained diseases such as autism, learning disabilities, and other neurological disorders appears to have increased dramatically in recent years.
 (7)Individual vaccines are tested for safety, but little safety testing has been conducted for interaction effects of multiple vaccines.
 (8)The strategy of aggressive, early childhood immunization against a large number of infectious diseases has never been tested in its entirety against alternative strategies, either for safety or for total health outcomes.
 (9)Childhood immunizations are the only health interventions that are required by States of all citizens in order to participate in civic society.
 (10)Public confidence in the management of public health can only be maintained if these State government-mandated, mass vaccination programs—
 (A)are tested rigorously and in their entirety against all reasonable safety concerns; and (B)are verified in their entirety to produce superior health outcomes.
 (11)There are numerous United States populations in which a practice of no vaccination is followed and which therefore provide a natural comparison group for comparing total health outcomes.
 (12)No comparative study of such health outcomes has ever been conducted. (13)Given rising concern over the high rates of childhood neurodevelopmental disorders such as autism and other chronic conditions, the need for such studies is becoming urgent.
			3.Study on health outcomes in vaccinated and unvaccinated American populations
 (a)In generalThe Secretary of Health and Human Services (in this Act referred to as the Secretary), acting through the Director of the National Institutes of Health, shall conduct or support a comprehensive study—
 (1)to compare total health outcomes, including the incidence and risk of autism, in vaccinated populations in the United States with such outcomes in unvaccinated populations in the United States; and
 (2)to determine whether exposure to vaccines or vaccine components is associated with autism spectrum disorders, chronic conditions, or other neurological conditions.
 (b)Rule of constructionNothing in this Act shall be construed to authorize the conduct or support of any study in which an individual or population is encouraged or incentivized to remain unvaccinated.
 (c)QualificationsWith respect to each investigator carrying out the study under this section, the Secretary shall ensure that the investigator—
 (1)is objective; (2)is qualified to carry out such study, as evidenced by training experiences and demonstrated skill;
 (3)is not currently employed by any Federal, State, or local public health agency; (4)is not currently a member of a board, committee, or other entity responsible for formulating immunization policy on behalf of any Federal, State, or local public health agency or any component thereof;
 (5)has no history of a strong position on the thimerosal or vaccine safety controversy; and (6)is not currently an employee of, or otherwise directly or indirectly receiving funds from, a pharmaceutical company or the Centers for Disease Control.
 (d)Target populationsThe Secretary shall seek to include in the study under this section populations in the United States that have traditionally remained unvaccinated for religious or other reasons, which populations may include Old Order Amish, members of clinical practices (such as the Homefirst practice in Chicago) who choose alternative medical practices, practitioners of anthroposophic lifestyles, and others who have chosen not to be vaccinated.
 (e)TimingNot later than 120 days after the date of the enactment of this Act, the Secretary shall issue a request for proposals to conduct the study required by this section. Not later than 120 days after receipt of any such proposal, the Secretary shall approve or disapprove the proposal. If the Secretary disapproves the proposal, the Secretary shall provide the applicant involved with a written explanation of the reasons for the disapproval.
 (f)TransparencyTo facilitate further research by the Secretary or others, the Secretary shall ensure the preservation of all data, including all data sets, collected or used for purposes of the study under this section.


110 HR 6663 IH: Unlawful Internet Gambling Enforcement

U.S. House of Representatives
2008-07-30
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
		110th CONGRESS
		2d Session
		H. R. 6663
		IN THE HOUSE OF REPRESENTATIVES

			July 30, 2008
			Mr. Sessions (for
			 himself, Mr. Berry,
			 Mr. Jackson of Illinois, and
			 Mr. Delahunt) introduced the following
			 bill; which was referred to the Committee
			 on Financial Services, and in addition to the Committee on the
			 Judiciary, 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 amend title 31, United States Code, to provide
		  additional clarification with regard to the implementation of the Unlawful
		  Internet Gambling Enforcement Act of 2006, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Unlawful Internet Gambling Enforcement
			 Clarification and Implementation Act of 2008.
		2.Congressional
			 findings and purpose
			(a)FindingsCongress
			 finds the following:
				(1)Prior to the
			 passage of the Unlawful Internet Gambling Enforcement Act of 2006 (hereafter in
			 this section referred to as the UIGEA), Public Law 109–347, on
			 October 13, 2006, Federal law was both vague and outdated regarding Internet
			 gambling activities, as Federal criminal gambling statutes were passed decades
			 before the commercial use of the Internet.
				(2)To date, all
			 Federal Internet gambling prosecutions have involved sports betting, creating a
			 lack of authoritative court decisions on the applicability of other federal
			 criminal statutes to Internet poker and casino-style gambling.
				(3)Sports betting,
			 which is illegal in 49 of the 50 States, is viewed as particularly harmful
			 because its potential adverse impact on the integrity of professional and
			 amateur sports, and is the one form of gambling where there is settled Federal
			 case law clarifying it as illegal on the Internet.
				(4)Many European
			 Internet gambling companies offering services not including sports betting to
			 persons in the United States were fully listed on the London Stock Exchange,
			 and thereby subject to high standards of transparency and scrutiny, but upon
			 receiving clarification of United States law regarding Internet gaming through
			 the enactment of the UIGEA, these companies closed their sites to persons in
			 the United States.
				(5)Continued legal
			 jeopardy for companies that made a good faith effort to comply voluntarily with
			 clarified United States law following the passage of the UIGEA punishes
			 behavior that the law intended to foster and inadvertently rewards continued
			 noncompliance by other foreign entities.
				(6)In
			 light of the foregoing and in deference to long-standing constitutional
			 requirements of fair notice and transparency in the criminal law, the Congress
			 finds it necessary to clarify that criminal statutes applicable to gambling do
			 not apply to any person who offered Internet gambling services that did not
			 include sports betting prior to October 13, 2006, and who ceased offering
			 Internet gambling services to persons in the United States upon passage of the
			 UIGEA.
				(7)To effect the
			 purposes and intent of the UIGEA, it is the sense of the Congress that the
			 Attorney General should focus any prosecutorial efforts on those persons
			 who—
					(A)offer Internet
			 sports betting in the United States; or
					(B)process payments
			 for illegal Internet sports betting in the United States.
					3.UIGEA
			 clarification and implementation
			(a)In
			 generalSubchapter IV of
			 chapter 53 of title 31, United States Code, is amended by adding at the end the
			 following new section:

					5368.Voluntary
				compliance
						(a)In
				generalNotwithstanding any
				other provision of law—
							(1)except as provided
				in paragraphs (2) and (3), no person shall be subject to criminal liability
				arising out of—
								(A)the offering,
				receipt or facilitation of bets or wagers by means of the Internet;
								(B)financial
				transactions in connection with or involving the consideration for, or proceeds
				of, bets or wagers by means of the Internet;
								(C)the administration, advising, audit,
				direction, operation, lending, management, marketing or supplying of a business
				or services involving activities or transactions referred to in subparagraph
				(A) or (B); or
								(D)the banking,
				brokerage, custody, issuance, placement, promotion, sale or transfer of shares
				or proceeds from a business involving activities or transactions referred to in
				subparagraph (A), (B), or (C);
								(2)paragraph (1) shall
				not apply to any person who knowingly—
								(A)offered illegal
				bets or wagers to, or received bets or wagers from, any person within the
				United States by means of the Internet after October 13, 2006;
								(B)in violation of
				section 1084 of title 18, United States Code, used the Internet for the
				transmission in interstate or foreign commerce of bets or wagers on any
				sporting event or sporting contest, or information assisting in the placing of
				bets or wagers on any sporting event or contest, by any person within the
				United States; or
								(C)processed or facilitated financial
				transactions in connection with or involving the consideration for, or proceeds
				of, involving activities or transactions referred to in subparagraph (A) or
				(B); and
								(3)paragraph (1)
				shall not apply to conduct that violated sections 1956 or 1957 of title 18,
				United States Code, by a financial or monetary transaction, or the transfer or
				transportation of funds, with the intent to promote unlawful activity other
				than the offering, receipt, or facilitation of bets or wagers by means of the
				Internet, or to conceal or disguise the nature, location, source, ownership, or
				control of the proceeds of unlawful activity other than the offering, receipt,
				or facilitation of bets or wagers by means of the Internet.
							(b)Criminal
				liability definedFor purposes of subsection (a), the term
				criminal liability includes actions against real or personal
				property that arise from or depend upon the allegedly criminal nature of the
				bet or wager or of the transmission or receipt of funds in connection with that
				bet or
				wager.
						.
			(b)Clerical
			 amendmentThe table of sections for subchapter IV of chapter 53
			 of title 31, United States Code, is amended by inserting after the item
			 relating to section 5367 the following new item:

						5368. Voluntary
				compliance.

					.
			4.Rule of
			 constructionNo provision of
			 this Act, or any amendment made by this Act, shall be construed as clarifying
			 or implying that Internet bets or wagers, other than sports bets or wagers,
			 which were accepted subsequent to October 13, 2006, are in violation of Federal
			 law.