114 S3321 IS: Empowering States' Rights To Protect Consumers Act of 2016
U.S. Senate
2016-09-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS2d SessionS. 3321IN THE SENATE OF THE UNITED STATESSeptember 14, 2016Mr. Whitehouse (for himself, Mr. Reed, Ms. Warren, Mr. Sanders, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo amend the Truth in Lending Act to empower the States to set the maximum annual percentage rates
			 applicable to consumer credit transactions, and for other purposes.

 1.Short titleThis Act may be cited as the “Empowering States' Rights To Protect Consumers Act of 2016”. 2.Limits on annual percentage ratesChapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following:

				140B.Limits on
 Annual Percentage RatesNotwithstanding any other provision of law, the annual percentage rate applicable to any consumer credit transaction (other than a residential mortgage transaction), including any fees associated with such a transaction, may not exceed the maximum rate permitted by the laws of the State in which the consumer resides..


		II
		111th CONGRESS
		1st Session
		S. 805
		IN THE SENATE OF THE UNITED STATES

			April 2, 2009
			Mr. Nelson of Florida
			 (for himself and Mr. Martinez) introduced
			 the following bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To provide for a comprehensive study by the National
		  Research Council of the National Academy of Sciences to assess the water
		  management, needs, and conservation of the Apalachicola-Chattahoochee-Flint
		  River System.

		1.Study on the
			 Apalachicola-Chattahoochee-Flint River System
			(a)DefinitionsIn
			 this section:
				(1)ACF river
			 systemThe term ACF River System means the
			 Apalachicola-Chattahoochee-Flint River System.
				(2)CouncilThe
			 term Council means the National Research Council of the National
			 Academy of Sciences.
				(3)SecretaryThe
			 term Secretary means the Secretary of the Army.
				(b)National
			 Research Council StudyNot
			 later than 60 days after the date of enactment of this Act, the Secretary shall
			 offer to enter into an agreement with the Council under which the Council shall
			 conduct a comprehensive study of the water management, needs, and conservation
			 of the ACF River System.
			(c)Matters To be
			 addressedThe study under subsection (b) shall include the
			 following:
				(1)A summary of the
			 existing body of scientific knowledge on—
					(A)the ecology,
			 hydrology, geomorphology, and biogeochemistry of the Apalachicola River and the
			 greater ACF River System;
					(B)the ecosystem
			 services provided by the Apalachicola River;
					(C)the impact of
			 variation in freshwater flow on the ecology of the river and downstream coastal
			 ecosystems, including the Apalachicola Bay ecosystem; and
					(D)how to restore
			 the natural hydraulic function of the ACF River System, including restoration
			 of floodplains and wetlands.
					(2)An assessment of
			 models that serve as the basis for the master manuals of the ACF River
			 System.
				(3)An assessment of
			 water availability, supply options, demand-management alternatives, and
			 socioeconomic factors that influence uses in the ACF River System, including
			 water quality, navigation, hydropower, recreation, in-stream ecology, and flood
			 control.
				(4)An assessment of
			 policies, regulations, and other factors that affect Federal water project
			 operations.
				(5)Recommendations
			 for an approach to determine water limits that recognize the needs of all water
			 users along the ACF River System, including adequate in-stream flow
			 requirements.
				(6)Recommendations
			 for any additional measures to address the long-term watershed management needs
			 of the ACF River System as the Council considers to be appropriate.
				(d)ReportNot later than 2 years after entering into
			 an agreement under subsection (b), the Council shall submit to the Secretary
			 and Congress a report containing the findings of the study under subsection
			 (b), including such recommendations as the Council considers to be
			 appropriate.
			(e)Authorization of
			 appropriationsThere is authorized to be appropriated to carry
			 out this section $1,200,000.


110 HRES 634 EH: Encouraging participation in hunting and

U.S. House of Representatives
2007-09-24
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.

		IV
		110th CONGRESS
		1st Session
		H. RES. 634
		In the House of Representatives, U.
		  S.,

			September 24, 2007

		RESOLUTION
		Encouraging participation in hunting and
		  fishing, and supporting the goals and ideals of National Hunting and Fishing
		  Day and the efforts of hunters and fishermen toward the scientific management
		  of wildlife and conservation of the natural environment.

		Whereas, since the beginning of the 20th century, hunters
			 and fishermen of the United States have been among the most vocal supporters of
			 the scientific management of wildlife and conservation of the natural
			 environment;
		Whereas President Theodore Roosevelt, who was himself a
			 hunter, fisherman, and conservationist, called throughout his Presidency for
			 laws to promote wildlife conservation and to provide lands for
			 recreation;
		Whereas, in June 1971, Senator Thomas McIntyre of New
			 Hampshire and Representative Robert Sikes of Florida sponsored a joint
			 resolution calling for the celebration of National Hunting and Fishing
			 Day on the fourth Saturday of every September;
		Whereas, in 2006, an estimated 42,500,000 individuals in
			 the United States participated in hunting or fishing activities;
		Whereas, in 2006, hunters and fishermen made a significant
			 contribution to the economy of the United States by spending nearly
			 $75,000,000,000 on hunting and fishing activities;
		Whereas hunters and fishermen recognize the importance of
			 natural resources to the character, heritage, and future of the United States,
			 and work to protect and conserve those resources; and
		Whereas the fourth Saturday of September would be an
			 appropriate day to as celebrate National Hunting and Fishing Day: Now,
			 therefore, be it

		That—
			(1)it is the sense of the House of
			 Representatives that—
				(A)there should be
			 established a day known as National Hunting and Fishing Day; and
				(B)the President
			 should issue a proclamation calling on the people of the United States to
			 observe such a day with appropriate programs and activities; and
				(2)the House of Representatives—
				(A)encourages
			 participation in hunting and fishing; and
				(B)commends the
			 contributions of hunters and fishermen toward the scientific management of
			 wildlife and conservation of the natural environment.

			Lorraine C. Miller,
			Clerk.


		IV
		111th CONGRESS
		1st Session
		H. CON. RES. 180
		IN THE HOUSE OF REPRESENTATIVES

			September 8, 2009
			Mr. Kennedy (for
			 himself, Mr. Tim Murphy of
			 Pennsylvania, Mr. Moore of
			 Kansas, Mr. Wu, and
			 Mr. Gonzalez) submitted the following
			 concurrent resolution; which was referred to the
			 Committee on Energy and
			 Commerce

		CONCURRENT RESOLUTION
		Expressing support for designation of the
		  period beginning on September 21, 2009, and ending on September 25, 2009, as
		  National Health Information Technology Week.

		Whereas the Center for Information Technology Leadership
			 (CITL) estimated that the implementation of national standards for
			 interoperability and the exchange of health information would save the United
			 States approximately $77,000,000,000 in expenses relating to healthcare each
			 year;
		Whereas healthcare information technology and management
			 systems have been recognized as essential tools for improving the quality and
			 cost efficiency of our healthcare system;
		Whereas the President and Secretary of the Department of
			 Health and Human Services have made a commitment to leveraging the benefits of
			 health information technology and management systems through the American
			 Reinvestment and Recovery Act, which included funding incentives for electronic
			 medical records that will help to reduce costs and improve quality while
			 ensuring patients’ privacy, established the Office of Health Reform and
			 codified the Office of the National Coordinator for Health Information
			 Technology;
		Whereas Congress has emphasized improving the quality and
			 safety of the delivery of healthcare in the United States; and
		Whereas organizations across the country have come
			 together to support National Health Information Technology Week since 2006 to
			 improve public awareness relating to the potential benefits of improved quality
			 and cost efficiency that the healthcare system could achieve by implementing
			 health information technology: Now, therefore, be it

		That Congress—
			(1)recognizes the value of information
			 technology and management systems to transforming healthcare for all people in
			 the United States;
			(2)supports the
			 designation of “National Health Information Technology Week”; and
			(3)encourages the
			 President to issue a proclamation calling upon all stakeholders to promote the
			 use of information technology and management systems to transform the United
			 States healthcare system.


		II
		Calendar No. 571
		112th CONGRESS
		2d Session
		S. 2234
		IN THE SENATE OF THE UNITED STATES

			March 26, 2012
			Mr. Blumenthal (for
			 himself, Mr. Portman,
			 Mr. Franken, Mr. Rubio, Ms.
			 Collins, Mr. Lieberman,
			 Mrs. McCaskill, Mr. Tester, Mr.
			 Menendez, Ms. Ayotte,
			 Mr. Lautenberg, Ms. Mikulski, Mrs.
			 Hutchison, Mrs. Gillibrand,
			 and Mr. Boozman) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

			December 19, 2012
			Reported by Mr.
			 Lieberman, with amendments
			Omit the part struck through and insert the part
			 printed in italic

		A BILL
		To prevent human trafficking in government
		  contracting.

		1.Short titleThis Act may be cited as the
			 End Trafficking in Government
			 Contracting Act of 2012.
		2.DefinitionsIn this Act:
			(1)Executive
			 agencyThe term executive agency has the meaning
			 given the term in section 133 of title 41, United States Code.
			(2)SubcontractorThe
			 term subcontractor means a recipient of a contract at any tier
			 under a grant, contract, or cooperative agreement.
			(3)SubgranteeThe
			 term subgrantee means a recipient of a grant at any tier under a
			 grant or cooperative agreement.
			(4)United
			 StatesThe term United States has the meaning
			 provided in section 103(12) of the Trafficking Victims Protection Act of 2000
			 (22 U.S.C. 7102(12)).
			3.Contracting
			 requirementsSection 106(g) of
			 the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)) is amended
			 by striking if the grantee or any subgrantee, and all that
			 follows through the period at the end and inserting the following: “or take any
			 of the other remedial actions authorized under section 5(c) of the End
			 Trafficking in Government Contracting Act of 2012, if the grantee or any
			 subgrantee, or the contractor or any subcontractor, engages in, or uses labor
			 recruiters, brokers, or other agents who engage in—

				(i)severe forms of
				trafficking in persons;
				(ii)the procurement
				of a commercial sex act during the period of time that the grant, contract, or
				cooperative agreement is in effect;
				(iii)the use of
				forced labor in the performance of the grant, contract, or cooperative
				agreement, or
				(iv)acts that
				directly support or advance trafficking in persons, including the following
				acts:
					(I)Destroying,
				concealing, removing, or confiscating an employee’s immigration documents
				without the employee’s consent.
					(II)Failing to
				repatriate an employee upon the end of employment, unless—
						(aa)exempted from the duty to repatriate by the
				Federal department or agency providing or entering into the grant, contract, or
				cooperative agreement; or
						(bb)the
				employee is a victim of human trafficking seeking victim services or legal
				redress in the country of employment or a witness in a human trafficking
				enforcement action.
						(III)Soliciting a person for the purpose of
				employment, or offering employment, by means of materially false or fraudulent
				pretenses, representations, or promises regarding that employment.
					(IV)Charging
				recruited employees exorbitant placement fees,
				includingsuch as fees equal to or greater
				than the employee’s monthly salary, or recruitment fees that violate the laws
				of the country from which an employee is recruited.
					(V)Providing inhumane
				living
				conditions.
					.
		4.Compliance plan
			 and certification requirement
			(a)RequirementThe head of an executive agency may not
			 provide or enter into a grant, contract, or cooperative agreement valued at
			 $1,000,000 or more if performance will
			 predominantly be
			 conducted overseassubstantially be conducted
			 overseas, unless a duly designated representative of the
			 recipient of such grant, contract, or cooperative agreement certifies to the
			 contracting or grant officer prior to receiving an award and on an annual basis
			 thereafter, after having conducted due diligence, that—
				(1)the recipient has
			 implemented a plan to prevent the activities described in section 106(g) of the
			 Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by
			 section 3, and is in compliance with that plan;
				(2)the recipient has
			 implemented procedures to prevent any activities described in such section
			 106(g) and to monitor, detect, and terminate any subcontractor, subgrantee, or
			 employee of the recipient
			 found to be
			 engagedengaging in any activities
			 described in such section; and
				(3)to the best of the
			 representative’s knowledge, neither the recipient, nor any subcontractor or
			 subgrantee of the recipient or any agent of the recipient or of such a
			 subcontractor or subgrantee, is engaged in any of the activities described in
			 such section.
				(b)LimitationAny
			 plan or procedures implemented pursuant to subsection (a) shall be appropriate
			 to the size and complexity of the grant, contract, or cooperative agreement and
			 to the nature and scope of its activities, including the number of non-United
			 States citizens expected to be employed.
			(c)DisclosureThe
			 recipient shall provide a copy of the plan to the contracting or grant officer
			 upon request, and as appropriate, shall post the useful and relevant contents
			 of the plan or related materials on its website and at the workplace.
			(d)Performance predominately
			 overseasPerformance substantially
			 overseasFor
			 purposes of subsection (a), a grant, contract, or cooperative agreement shall
			 be considered to be performed predominantly
			 overseasperformed substantially overseas
			 if the estimated value of the services required to be performed under the
			 grant, contract, or cooperative agreement outside the United States exceeds
			 $500,000.
			5.Monitoring and
			 investigation of trafficking in persons
			(a)InvestigationIf
			 the contracting or grant officer of an executive agency for a grant, contract,
			 or cooperative agreement receives credible evidence that a recipient of the
			 grant, contract, or cooperative agreement; any subgrantee or subcontractor of
			 the recipient; or any agent of the recipient or of such a subgrantee or
			 subcontractor, has engaged in an activity described in section 106(g) of the
			 Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by
			 section 3, including a report from a contracting officer representative, an
			 inspector general, an auditor, an alleged victim or victim’s representative, or
			 any other credible source, the contracting or grant officer shall, before
			 exercising any option to renew such grant, contract, or cooperative agreement,
			 request that the agency’s Office of Inspector General immediately initiate an
			 investigation of the allegation or allegations contained in the report. If the
			 agency’s Office of Inspector General is unable to conduct a timely
			 investigation, the suspension and debarment office or another investigative
			 unit of the agency shall conduct the investigation.
			(b)ReportUpon completion of an investigation under
			 subsection (a), the office or unit that conducted the investigation shall
			 submit to the contracting or grant officer and, if such investigation was not
			 conducted by the agency’s Office of Inspector General, to the agency’s Office
			 of Inspector General, a report on the investigation, including conclusions
			 about whether credible evidence exists that the recipient of a grant, contract,
			 or cooperative agreement; any subcontractor or subgrantee of the recipient; or
			 any agent of the recipient or of such a subcontractor or subgrantee, engaged in
			 any of the activities described in section 106(g) of the Trafficking Victims
			 Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section 3.
			(c)Remedial
			 actions
				(1)In
			 generalIf a contracting or
			 grant official determines that a recipient of a grant, contract, or cooperative
			 agreement, or any subcontractor or subgrantee of the recipient, has engaged in
			 any of the activities described in such section 106(g), the contracting or
			 grant officer shall consider taking one or more of the following remedial
			 actions:
					(A)Requiring the
			 recipient to remove an employee from the performance of work under the grant,
			 contract, or cooperative agreement.
					(B)Requiring the
			 recipient to terminate a subcontract or subgrant.
					(C)Suspending
			 payments under the grant, contract, or cooperative agreement.
					(D)Withholding award
			 fees, consistent with the award fee plan, for the performance period in which
			 the agency determined the contractor or subcontractor engaged in any of the
			 activities described in such section 106(g).
					(E)Declining to
			 exercise available options under the contract.
					(F)Terminating the
			 contract for default or cause, in accordance with the termination clause for
			 the contract.
					(G)Referring the
			 matter to the agency suspension and debarment official.
					(H)Referring the
			 matter to the Department of Justice for prosecution under any applicable
			 law.
					(2)Savings
			 clauseNothing in this subsection shall be construed as limiting
			 the scope of applicable remedies available to the Federal Government.
				(3)Mitigating
			 factorWhere applicable, the contracting or grant official may
			 consider whether the contractor or grantee had a plan in place under section 4,
			 and was in compliance with that plan at the time of the violation, as a
			 mitigating factor in determining which remedies, if any, should apply.
				(d)Inclusion of
			 report conclusions in FAPIISThe contracting or grant officer
			 shall ensure that relevant findings contained in the report under subsection
			 (b) are included in the Federal Awardee Performance and Integrity Information
			 System (FAPIIS). These findings shall be considered relevant past performance
			 data for the purpose of awarding future contracts, grants, or cooperative
			 agreements.
			6.Notification to
			 inspectors general and cooperation with GovernmentThe
			 head of an executive agency making or awarding a grant, contract, or
			 cooperative agreement shall require that the recipient of the grant, contract,
			 or cooperative agreement—
			(1)immediately inform
			 the Inspector General of the executive agency of any information it receives
			 from any source that alleges credible evidence that the recipient; any
			 subcontractor or subgrantee of the recipient; or any agent of the recipient or
			 of such a subcontractor or subgrantee, has engaged in conduct described in
			 section 106(g) of the Trafficking in Victims Protection Act of 2000 (22 U.S.C.
			 7104(g)), as amended by section 3 of this Act; and
			(2)fully cooperate
			 with any Federal agencies responsible for audits, investigations, or corrective
			 actions relating to trafficking in persons.
			7.Expansion of
			 fraud in foreign labor contracting to include work outside the United
			 StatesSection 1351 of title
			 18, United States Code, is amended—
			(1)by striking
			 Whoever knowingly and inserting (a)
			 Work Inside the United
			 States.—Whoever knowingly; and
			(2)by adding at the
			 end the following new subsection:

					(b)Work outside the
				United StatesWhoever knowingly and with intent to defraud
				recruits, solicits, or hires a person outside the United States or causes
				another person to recruit, solicit, or hire a person outside the United States,
				or attempts to do so, for purposes of work performed on a United States
				Government contract performed outside the United States, or on a United States
				military installation or mission or other property or premises owned or
				controlled by the United States Government, by means of materially false or
				fraudulent pretenses, representations, or promises regarding that employment,
				shall be fined under this title or imprisoned for not more than 5 years, or
				both.
					.
			8.Improving
			 Department of Defense accountability for reporting trafficking in persons
			 claims and violationsSection
			 105(d)(7)(H) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
			 7103(d)(7)(H)) is amended—
			(1)in clause (ii), by
			 striking and at the end;
			(2)by redesignating
			 clause (iii) as clause (iv);
			(3)by inserting after
			 clause (ii) the following new clause:

					(iii)all known
				trafficking in persons cases reported to the Under Secretary of Defense for
				Personnel and
				Readiness;
					;
			(4)in clause (iv), as
			 redesignated by paragraph (2), by inserting and at the end after
			 the semicolon; and
			(5)by adding at the
			 end the following new clause:
				“(v)all trafficking
				(2)in clause (iii), by
			 inserting and at the end after the semicolon; and
			(3)by adding at the end the
			 following new clause:

					(iv)all trafficking in persons
				activities of contractors reported to the Under Secretary of Defense for
				Acquisition, Technology, and
				Logistics;
					.
			9.Rule of
			 constructionExcluding section
			 7, nothing in this Act shall be construed to supersede, enlarge, or diminish
			 the common law or statutory liabilities of any grantee, subgrantee, contractor,
			 subcontractor, or other party covered by section 106(g) of the Trafficking
			 Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by section
			 3.

		December 19, 2012
		Reported with amendments


113 SRES 103 ATS: To authorize representation by the Senate Legal Counsel in the case of Steve Schonberg v. Senator Mitch McConnell, et al.
U.S. Senate
2013-04-18
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. RES. 103
		IN THE SENATE OF THE UNITED STATES

			April 18, 2013
			Mr. Reid submitted the
			 following resolution; which was considered and agreed to

		RESOLUTION
		To authorize representation by the Senate
		  Legal Counsel in the case of Steve Schonberg v. Senator Mitch McConnell, et
		  al.

		Whereas, Senator Mitch McConnell, Vice President Joseph R.
			 Biden, Jr., and Sergeant at Arms Terrance W. Gainer have been named as
			 defendants in the case of Steve Schonberg v. Senator Mitch McConnell, et al.,
			 No. 3:13–cv–220, now pending in the United States District Court for the
			 Western District of Kentucky;
		Whereas, pursuant to sections 703(a) and 704(a)(1) of the
			 Ethics in Government Act of 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the
			 Senate may direct its counsel to defend Members and officers of the Senate in
			 civil actions relating to their official responsibilities: Now, therefore, be
			 it

		That the Senate Legal Counsel is
			 authorized to represent Senator Mitch McConnell, Vice President Joseph R.
			 Biden, Jr., and Sergeant at Arms Terrance W. Gainer in the case of Steve
			 Schonberg v. Senator Mitch McConnell, et al.


116 HR 4605 IH: Vieques Recovery and Redevelopment Act of 2019
U.S. House of Representatives
2019-10-04
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. 4605IN THE HOUSE OF REPRESENTATIVESOctober 4, 2019Miss González-Colón of Puerto Rico (for herself, Mr. Kelly of Mississippi, and Mr. Soto) introduced the following bill; which was referred to the Committee on Natural Resources, 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 concernedA BILLTo provide compensation to certain residents of the island of Vieques, Puerto Rico, for the use of
			 such island for military readiness, and for other purposes.

 1.Short titleThis Act may be cited as the Vieques Recovery and Redevelopment Act of 2019. 2.FindingsThe Congress finds the following:
 (1)Vieques is an island municipality of Puerto Rico, measuring approximately 21 miles long by 4 miles wide, and located approximately 8 miles east of the main island of Puerto Rico.
 (2)Prior to Hurricane Maria, residents of Vieques were served by an urgent medical care facility, the Susana Centeno Family Health Center, and residents had to travel off-island to obtain medical services, including most types of emergency care because the facility did not have the basic use of x-ray machines, CT machines, EKG machines, ultrasounds, or PET scans.
 (3)The predominant means of transporting passengers and goods between Vieques and the main island of Puerto Rico is by ferry boat service, and over the years, the efficiency of this service has frequently been disrupted, unreliable, and difficult for cancer patients to endure to receive treatment. Each trip to Ceiba, Puerto Rico, for the cancer patient is an additional out-of-pocket expense ranging from $120 to $200.
 (4)The United States Military maintained a presence on the eastern and western portions of Vieques for close to 60 years, and used parts of the island as a training range during those years, dropping over 80 million tons of ordnance and other weaponry available to the United States military since World War II.
 (5)The unintended, unknown, and unavoidable consequences of these exercises were to expose Americans living on the islands to the residue of that weaponry which includes heavy metals and many other chemicals now known to harm human health.
 (6)According to Government and independent documentation, the island of Vieques has high levels of heavy metals and has been exposed to chemical weapons and toxic chemicals. Since the military activity in Vieques, island residents have suffered from the health impacts from long-term exposure to environmental contamination as a result of 62 years of military operations, and have experienced higher rates of certain diseases among residents, including cancer, cirrhosis, hypertension, diabetes, heavy metal diseases, along with many unnamed and uncategorized illnesses. These toxic residues have caused the American residents of Vieques to develop illnesses due to ongoing exposure.
 (7)In 2017, Vieques was hit by Hurricane Maria, an unusually destructive storm that devastated Puerto Rico and intensified the existing humanitarian crisis on the island by destroying existing medical facilities.
 (8)The medical systems in place prior to Hurricane Maria were unable to properly handle the health crisis that existed due to the toxic residue left on the island by the military’s activities.
 (9)After Maria, the medical facility was closed due to damage and continues to be unable to perform even the few basic services that it did provide. Vieques needs a medical facility that can treat and address the critical and urgent need to get life-saving medical services to its residents. Due to legal restrictions, the Federal Emergency Management Agency (in this Act referred to as FEMA) is unable to provide a hospital where its capabilities exceed the abilities of the facility that existed prior to Maria; therefore Vieques needs assistance to build a facility to manage the vast health needs of its residents.
 (10)Every American has benefitted from the sacrifices of those Americans who have lived and are living on Vieques and it is our intent to acknowledge that sacrifice and to treat those Americans with the same respect and appreciation that other Americans enjoy.
 (11)In 2012, the residents of Vieques were denied the ability to address their needs in Court due to sovereign immunity, Sánchez v. United States, No. 3:09–cv–01260–DRD (D.P.R.). However, the United States Court of Appeals for the First Circuit referred the issue to Congress and urged it to address the humanitarian crisis. This bill attempts to satisfy that request such that Americans living on Vieques have a remedy for the suffering they have endured.
			3.Settlement of claims against the United States for certain residents of the island of Vieques,
			 Puerto Rico
 (a)In generalAn individual claimant who files a claim for compensation under this section with the Special Master, appointed pursuant to subsection (c), shall be awarded monetary compensation as described in subsection (b) if—
 (1)the Special Master determines that the claimant is or was a resident, the child of a resident, or an immediate heir (as determined by the laws of Puerto Rico) of a deceased claimant on the island of Vieques, Puerto Rico, during or after the United States Government used the island of Vieques, Puerto Rico, for military readiness;
 (2)the claimant previously filed a lawsuit or an administrative claim, or files a claim not later than 120 days after the date of the enactment of this Act against the United States Government for personal injury, including illness or death arising from use by the United States Government of the island of Vieques for military readiness; and
 (3)the claimant submits to the Special Master written medical documentation that indicates the claimant contracted a chronic, life threatening, or physical or mental disease or illness, including cancer, hypertension, cirrhosis, kidney disease, diabetes, or a heavy metal poisoning during or after the United States Government used the island of Vieques, Puerto Rico, for military readiness.
				(b)Amounts of award
 (1)In generalA claimant who meets the requirements of subsection (a) shall be awarded compensation as follows: (A)$10,000 for exposure in the case of a claimant who provides proof—
 (i)of a previously filed lawsuit or administrative claim and not less than 5 years of residency on the island of Vieques, Puerto Rico; or
 (ii)that the claimant is the child of a parent who resided in Vieques, Puerto Rico, for not less than 5 years.
 (B)$50,000 for 1 disease described in subsection (a)(3). (C)$80,000 for 2 diseases described in subsection (a)(3).
 (D)$110,000 for 3 or more diseases described in subsection (a)(3). (2)Increase in awardIn the case that an individual receiving an award under paragraph (1) of this subsection contracts another disease under subsection (a)(3) and files a new claim with the Special Master for an additional award not later than 10 years after the date of the enactment of this Act, the Special Master may award the individual an amount that is equal to the difference between—
 (A)the amount that the individual would have been eligible to receive had the disease been contracted before the individual filed an initial claim under subsection (a); and
 (B)the amount received by the individual pursuant to paragraph (1). (3)Deceased claimantsIn the case of an individual who dies before making a claim under this section or a claimant who dies before receiving an award under this section, any immediate heir to the individual or claimant, as determined by the laws of Puerto Rico, shall be eligible for 1 of the following awards:
 (A)Compensation in accordance with paragraph (1), divided among any such heir. (B)Compensation based on the age of the deceased as follows:
 (i)In the case of an individual or claimant who dies before attaining 20 years of age, $110,000, divided among any such heir.
 (ii)In the case of an individual or claimant who dies before attaining 40 years of age, $80,000, divided among any such heir.
 (iii)In the case of an individual or claimant who dies before attaining 60 years of age, $50,000, divided among any such heir.
						(c)Appointment of special master
 (1)In generalThe Attorney General shall appoint a Special Master not later than 90 days after the date of the enactment of this Act to consider claims by individuals and the Municipality.
 (2)QualificationsThe Attorney General shall consider the following in choosing the Special Master: (A)The individual’s experience in the processing of victims’ claims in relation to foreign or domestic governments.
 (B)The individual’s balance of experience in representing the interests of the United States and individual claimants.
 (C)The individual’s experience in matters of national security. (D)The individual’s demonstrated abilities in investigation and fact findings in complex factual matters.
 (E)Any experience the individual has had advising the United States Government. (d)Award amounts related to claims by the Municipality of Vieques (1)AwardThe Special Master, in exchange for its administrative claims, shall provide the following as compensation to the Municipality of Vieques:
 (A)StaffThe Special Master shall provide medical staff, and other resources necessary to build and operate a level three trauma center (in this section, referred to as medical facility) with a cancer center and renal dialysis unit and its equipment. The medical facility shall be able to treat life threatening, chronic, heavy metal, and physical and mental diseases. The medical facility shall be able to provide basic x-ray, EKG, internal medicine expertise, medical coordination personnel and case managers, ultrasound, and resources necessary to screen residents for cancer and the other prevailing health problems.
 (B)OperationsThe Special Master shall fund the operations of the medical facility to provide medical care for pediatric and adult patients who reside on the island of Vieques, allowing the patients to be referred for tertiary and quaternary health care facilities when necessary, and providing the transportation and medical costs when traveling off the island of Vieques, until such time as medical testing establishes that the disease levels are reduced to the average in the United States.
 (C)Administrative expertiseThe Special Master shall ensure that the Administrator of FEMA provides all administrative and technical expertise and oversight in the bidding and construction of the facility but the design and abilities of the hospital shall be determined by the Special Master considering the medical and research needs of the residents of the island of Vieques. All costs shall be part of the municipality’s compensation.
 (D)Interim servicesBefore the medical facility on the island of Vieques is operational, the Special Master shall provide—
 (i)urgent health care air transport to hospitals on the mainland of Puerto Rico from the island of Vieques;
 (ii)medical coordination personnel and case managers; (iii)telemedicine communication abilities; and
 (iv)any other services that are necessary to alleviate the health crisis on the island of Vieques. (E)ScreeningThe Special Master shall make available, at no cost to the patient, medical screening for cancer, cirrhosis, diabetes, and heavy metal contamination on the island of Vieques.
 (F)Academic partnerThe Special Master shall appoint an academic partner, with appropriate experience and an established relationship with the Municipality of Vieques shall—
 (i)lead a research and outreach endeavor on behalf of the Municipality of Vieques; (ii)select the appropriate scientific expertise and administer defined studies, conducting testing and evaluation of the soils, seas, plant and animal food sources, and the health of residents; and
 (iii)determine and implement the most efficient and effective way to reduce the environmental toxins to a level sufficient to return the soils, seas, food sources, and health circumstances to a level that reduces the diseases on the island of Vieques to the average in the United States.
 (G)CompensationThe Special Master shall compensate the Municipality of Vieques for research conducted on behalf of the Municipality, before the date of the enactment of this Act, by universities, colleges, scientists, and doctors who have tested and evaluated the prevalence of toxic substances in the soil, food sources, and human populations.
 (H)DutiesThe Special Master shall provide amounts necessary for the academic partner and medical coordinator to carry out the duties described in subparagraphs (A) through (D).
 (I)ProcurementThe Special Master shall provide amounts necessary to compensate the Municipality of Vieques for— (i)contractual procurement obligations and additional expenses incurred by the Municipality as a result of the enactment of this section and settlement of its claim; and
 (ii)any other damages and costs to be incurred by the Municipality, if the Special Master determines that it is necessary to carry out the purpose of this section.
 (J)Consulting firmsThe Special Master shall provide amounts necessary for the Special Master to contract with consulting firms for technical advice on any aspect of the Special Master’s duties.
 (K)Power sourceThe Special Master shall determine the best source of producing independent power on the island of Vieques that is hurricane resilient and can effectively sustain the needs of the island and shall authorize such construction as an award to the Municipality of Vieques.
 (2)SourceAmounts awarded under this Act shall be made from amounts appropriated under section 1304 of title 31, United States Code, commonly known as the Judgment Fund, as if claims were adjudicated by a United States District Court under section 1346(b) of title 28, United States Code.
				(3)Determination and payment of claims
 (A)Establishment of filing proceduresThe Attorney General shall establish procedures whereby individuals and the Municipality may submit claims for payments under this section to the Special Master.
 (B)Determination of claimsThe Special Master shall, in accordance with this subsection, determine whether each claim meets the requirements of this section. Claims filed by residents of the island of Vieques that have been disposed of by a court under chapter 171 of title 28, United States Code, shall be treated as if such claims are currently filed.
 (e)Action on claimsThe Special Master shall make a determination on any claim filed under the procedures established under this section not later than 150 days after the date on which the claim is filed.
			(f)Payment in full settlement of claims by individuals and the Municipality of Vieques against the
 United StatesThe acceptance by an individual or the Municipality of Vieques of a payment of an award under this section shall—
 (1)be final and conclusive; (2)be deemed to be in full satisfaction of all claims under chapter 171 of title 28, United States Code; and
 (3)constitute a complete release by the individual or Municipality of such claim against the United States and against any employee of the United States acting in the scope of employment who is involved in the matter giving rise to the claim.
 (g)Certification of treatment of payments under other lawsAmounts paid to an individual under this section— (1)shall be treated for purposes of the laws of the United States as damages for human suffering; and
 (2)may not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits.


114 HR 3276 IH: Same Day Registration Act
U.S. House of Representatives
2015-07-29
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. 3276
		IN THE HOUSE OF REPRESENTATIVES

			July 29, 2015
			Mr. Ellison introduced the following bill; which was referred to the Committee on House Administration

		A BILL
		To amend the Help America Vote Act of 2002 to require States to provide for same day registration.

 1.Short titleThis Act may be cited as the Same Day Registration Act of 2015. 2.Same day registration (a)In generalTitle III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended—
 (1)by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2)by inserting after section 303 the following new section:

						304.Same day registration
							(a)In general
 (1)RegistrationNotwithstanding section 8(a)(1)(D) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)(D)), each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election—
 (A)to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual's voter registration information); and
 (B)to cast a vote in such election. (2)ExceptionThe requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office.
 (b)Eligible individualFor purposes of this section, the term eligible individual means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election.
 (c)Effective dateEach State shall be required to comply with the requirements of subsection (a) for the regularly scheduled general election for Federal office occurring in November 2016 and for any subsequent election for Federal office..
				(b)Conforming amendments
 (1)Section 401 of such Act (52 U.S.C. 21111) is amended by striking and 303 and inserting 303, and 304. (2)The table of contents of such Act is amended—
 (A)by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and
 (B)by inserting after the item relating to section 303 the following new item:   Sec. 304. Same day registration..


		I
		112th CONGRESS
		2d Session
		H. R. 6377
		IN THE HOUSE OF REPRESENTATIVES

			September 12, 2012
			Mr. Markey (for
			 himself and Ms. DeGette) introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To require disclosures to consumers regarding the
		  capability of software to monitor mobile device usage, to require the express
		  consent of the consumer prior to monitoring, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Mobile Device Privacy
			 Act.
		2.Disclosures to
			 consumers regarding mobile device monitoring software
			(a)In
			 generalNot later than 1 year
			 after the date of the enactment of this Act, the Federal Trade Commission shall
			 promulgate regulations under section 553 of title 5, United States Code, that
			 require—
				(1)a person who is in the business of selling
			 mobile devices directly to consumers (including a provider of commercial mobile
			 service or commercial mobile data service who sells mobile devices in
			 connection with contracts to provide service) to disclose the information
			 described in subsection (b) to the consumer at the time of sale of a mobile
			 device on which monitoring software is installed;
				(2)a provider of commercial mobile service or
			 commercial mobile data service to disclose the information described in
			 subsection (b) to the consumer at the time of entry into a contract to provide
			 service to the consumer on a mobile device—
					(A)on which the provider installs monitoring
			 software in connection with such contract; and
					(B)that the consumer
			 does not purchase from the provider in connection with such contract;
					(3)a manufacturer of a mobile device or of the
			 operating system software for a mobile device who installs monitoring software
			 on such device, after such device is sold to the consumer, to disclose to the
			 consumer at the time of installing such software the information described in
			 subsection (b);
				(4)a
			 provider of commercial mobile service or commercial mobile data service who
			 installs monitoring software on a mobile device, after entry into a contract to
			 provide service to the consumer on such device, to disclose to the consumer at
			 the time of installing such software the information described in subsection
			 (b); and
				(5)a person who operates a website or other
			 online service from which a consumer downloads monitoring software for
			 installation on a mobile device to disclose the information described in
			 subsection (b) to the consumer at the time of the download.
				(b)Information
			 describedThe information described in this subsection is the
			 following:
				(1)The fact that the
			 monitoring software is installed on the mobile device (or, in the case of a
			 disclosure described in subsection (a)(5), the fact that the software that the
			 consumer downloads is monitoring software).
				(2)The types of
			 information that the monitoring software is capable of collecting and
			 transmitting.
				(3)The identity of any person to whom any
			 information collected will be transmitted and of any other person with whom
			 such information will be shared.
				(4)How such information will be used.
				(5)Procedures by which a consumer who has
			 consented to collection and transmission of information by the monitoring
			 software may exercise the opportunity to prohibit further collection and
			 transmission, as described in section 3(2).
				(6)Such additional information about the
			 monitoring software as the Federal Trade Commission considers
			 appropriate.
				(c)Manner of
			 disclosureThe regulations promulgated under subsection (a) shall
			 require the following:
				(1)The disclosures
			 shall be made in a clear and conspicuous manner, to be determined by the
			 Federal Trade Commission.
				(2)The disclosures
			 shall be displayed in a clear and conspicuous manner on the website of a person
			 required to make such disclosures, except that if such person does not maintain
			 a website, such person shall file such disclosures with the appropriate
			 Commission.
				(d)Exemptions
			 permittedIf the Federal Trade Commission determines that the use
			 of monitoring software for a particular purpose is consistent with the
			 reasonable expectations of consumers, the Federal Trade Commission may include
			 in the regulations promulgated under subsection (a) an exemption from the
			 disclosures required by such regulations with respect to monitoring software
			 that is used only for such purpose (or for another purpose with respect to
			 which the Federal Trade Commission has made a determination under this
			 subsection).
			3.Consumer consent
			 to monitoring of mobile device usageNot later than 1 year after the date of the
			 enactment of this Act, the Federal Trade Commission shall promulgate
			 regulations under section 553 of title 5, United States Code, that require any
			 person who is subject to the disclosure requirements of the regulations
			 promulgated under section 2(a) to—
			(1)obtain the express
			 consent of the consumer prior to the time when the monitoring software first
			 begins collecting and transmitting information; and
			(2)provide a consumer
			 who has consented to collection and transmission of information by the
			 monitoring software with the opportunity at any time to prohibit further
			 collection and transmission of information by such software.
			4.Information
			 security requirements
			(a)In
			 generalNot later than 1 year
			 after the date of the enactment of this Act, the Federal Trade Commission shall
			 promulgate regulations under section 553 of title 5, United States Code, that
			 require any person who receives, directly or indirectly, information that is
			 transmitted from monitoring software with respect to which disclosures are
			 required by the regulations promulgated under section 2(a) to establish and
			 implement policies and procedures regarding information security practices for
			 the treatment and protection of such information, taking into
			 consideration—
				(1)the size of, and
			 the nature, scope, and complexity of the activities engaged in by, such
			 person;
				(2)the current state
			 of the art in administrative, technical, and physical safeguards for protecting
			 such information; and
				(3)the cost of
			 implementing such safeguards.
				(b)RequirementsSuch
			 regulations shall require the policies and procedures to include the
			 following:
				(1)A security policy with respect to the
			 collection, use, sale, other dissemination, and maintenance of such
			 information.
				(2)The identification of an officer or other
			 individual as the point of contact with responsibility for the management of
			 the security of such information.
				(3)A process for identifying and assessing any
			 reasonably foreseeable vulnerabilities in any system maintained by such person
			 that contains such information, which shall include regular monitoring for a
			 breach of security of such system.
				(4)A process for
			 taking preventive and corrective action to mitigate against any vulnerabilities
			 identified in the process required by paragraph (3), which may include
			 implementing any changes to security practices and the architecture,
			 installation, or implementation of network or operating software.
				(5)A
			 process for disposing of such information by shredding, permanently erasing, or
			 otherwise modifying such information to make such information permanently
			 unreadable or undecipherable.
				(6)A standard method
			 or methods for the destruction of paper documents and other non-electronic data
			 containing such information.
				(c)Disclosure of
			 policies and proceduresSuch
			 regulations shall require the policies and procedures to be displayed in a
			 clear and conspicuous manner on the website of a person required to establish
			 and implement such policies and procedures, except that if such person does not
			 maintain a website, such person shall file such policies and procedures with
			 the appropriate Commission.
			(d)Treatment of
			 entities governed by other lawA person shall be deemed to be in
			 compliance with the regulations promulgated under subsection (a) if such person
			 is in compliance with any other Federal law that requires such person to
			 maintain policies and procedures with respect to information security that,
			 taken as a whole and as the Federal Trade Commission shall determine in the
			 rulemaking required by such subsection, provide protections substantially
			 similar to, or greater than, those provided by the policies and procedures
			 required by the regulations promulgated under such subsection.
			5.Filing of certain
			 agreements regarding information receipt
			(a)In
			 generalNot later than 1 year
			 after the date of the enactment of this Act, the Federal Trade Commission shall
			 promulgate regulations under section 553 of title 5, United States Code, that
			 require a copy of an agreement described in subsection (b) to be filed with the
			 appropriate Commission.
			(b)Agreement
			 describedAn agreement
			 described in this subsection—
				(1)is an agreement under which a person
			 receives, directly or indirectly, information that is transmitted from
			 monitoring software with respect to which disclosures are required by the
			 regulations promulgated under section 2(a); and
				(2)does not include
			 an agreement between such a person and the consumer on whose mobile device such
			 monitoring software is installed.
				6.Enforcement
			(a)By Federal Trade
			 Commission
				(1)Unfair or
			 deceptive acts or practicesA violation of a regulation
			 promulgated under section 2, 3, 4, or 5 shall be treated as a violation of a
			 regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
			 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
				(2)Powers of
			 Federal Trade CommissionThe
			 Federal Trade Commission shall enforce the regulations promulgated under
			 sections 2, 3, 4, and 5 in the same manner, by the same means, and with the
			 same jurisdiction, powers, and duties as though all applicable terms and
			 provisions of the Federal Trade Commission
			 Act (15
			 U.S.C. 41 et seq.) were incorporated into and made a part of
			 this Act, and any person who violates such regulations shall be subject to the
			 penalties and entitled to the privileges and immunities provided in the Federal
			 Trade Commission Act.
				(b)By Federal
			 Communications Commission
				(1)Treatment as
			 violation of Communications Act of 1934A violation of a
			 regulation promulgated under section 2, 3, 4, or 5 by a provider of commercial
			 mobile service or commercial mobile data service or a manufacturer of a mobile
			 device shall be treated as a violation of the Communications Act of 1934 (47
			 U.S.C. 151 et seq.).
				(2)Powers of
			 Federal Communications CommissionThe Federal Communications Commission shall
			 enforce the regulations promulgated under sections 2, 3, 4, and 5 with respect
			 to providers of commercial mobile service or commercial mobile data service and
			 manufacturers of mobile devices in the same manner, by the same means, and with
			 the same jurisdiction, powers, and duties as though all applicable terms and
			 provisions of the Communications Act of 1934 were incorporated into and made a
			 part of this Act, and any such provider or manufacturer who violates such
			 regulations shall be subject to the penalties and entitled to the privileges
			 and immunities provided in the Communications Act of 1934.
				(c)Division of
			 responsibilities between FTC and FCC
				(1)RegulationsIn promulgating the regulations required by
			 sections 2, 3, 4, and 5, the Federal Trade Commission shall consult with the
			 Federal Communications Commission.
				(2)EnforcementIn
			 enforcing such regulations, the Federal Trade Commission and the Federal
			 Communications Commission shall consult with each other.
				(3)FCC regulations
			 on filingsThe Federal
			 Communications Commission, in consultation with the Federal Trade Commission,
			 may promulgate regulations with respect to the form and manner of any filing
			 that is required to be made with the Federal Communications Commission by a
			 regulation required by section 2, 4, or 5.
				(d)Actions by
			 States
				(1)Civil
			 actionsIn any case in which
			 the attorney general of a State, or an official or agency of a State, has
			 reason to believe that an interest of the residents of that State has been or
			 is threatened or adversely affected by an act or practice that violates any
			 regulation promulgated under section 2, 3, 4, or 5, the State, as parens
			 patriae, may bring a civil action on behalf of the residents of the State in an
			 appropriate State court or an appropriate district court of the United States
			 to—
					(A)enjoin that act or
			 practice;
					(B)enforce compliance
			 with the regulation;
					(C)obtain damages,
			 restitution, or other compensation on behalf of residents of the State;
			 or
					(D)obtain such other
			 legal and equitable relief as the court may consider to be appropriate.
					(2)NoticeBefore
			 filing an action under this subsection, the attorney general, official, or
			 agency of the State involved shall provide to the appropriate Commission a
			 written notice of that action and a copy of the complaint for that action. If
			 the attorney general, official, or agency determines that it is not feasible to
			 provide the notice described in this paragraph before the filing of the action,
			 the attorney general, official, or agency shall provide written notice of the
			 action and a copy of the complaint to the appropriate Commission immediately
			 upon the filing of the action.
				(3)Authority of
			 appropriate Commission
					(A)In
			 generalOn receiving notice under paragraph (2) of an action
			 under this subsection, the appropriate Commission shall have the right—
						(i)to intervene in
			 the action;
						(ii)upon so
			 intervening, to be heard on all matters arising therein; and
						(iii)to file
			 petitions for appeal.
						(B)Limitation on
			 State action while Federal action is pendingIf the Federal Trade Commission, the
			 Federal Communications Commission, or the Attorney General of the United States
			 has instituted a civil action for violation of a regulation promulgated under
			 section 2, 3, 4, or 5 (referred to in this subparagraph as the Federal
			 action), no State attorney general, official, or agency may bring an
			 action under this subsection during the pendency of the Federal action against
			 any defendant named in the complaint in the Federal action for any violation as
			 alleged in that complaint.
					(4)Rule of
			 constructionFor purposes of bringing a civil action under this
			 subsection, nothing in this Act shall be construed to prevent an attorney
			 general, official, or agency of a State from exercising the powers conferred on
			 the attorney general, official, or agency by the laws of that State to conduct
			 investigations, administer oaths and affirmations, or compel the attendance of
			 witnesses or the production of documentary and other evidence.
				(e)Private right of
			 action
				(1)In
			 generalA person injured by
			 an act in violation of a regulation promulgated under section 2, 3, 4, or 5 may
			 bring in an appropriate State court or an appropriate district court of the
			 United States—
					(A)an action to
			 enjoin such violation;
					(B)an action to
			 recover damages for actual monetary loss from such violation, or to receive up
			 to $1,000 in damages for each such violation, whichever is greater; or
					(C)both such
			 actions.
					(2)Willful or
			 knowing violationsIf the
			 court finds that the defendant acted willfully or knowingly in committing a
			 violation described in paragraph (1), the court may, in its discretion,
			 increase the amount of the award to an amount equal to not more than 3 times
			 the amount available under paragraph (1)(B).
				(3)CostsThe court shall award to a prevailing
			 plaintiff in an action under this subsection the costs of such action and
			 reasonable attorney’s fees, as determined by the court.
				(4)LimitationAn
			 action may be commenced under this subsection not later than 2 years after the
			 date on which the person first discovered or had a reasonable opportunity to
			 discover the violation.
				(5)Nonexclusive
			 remedyThe remedy provided by this subsection shall be in
			 addition to any other remedies available to the person, except that, in the
			 case of a violation or series of related violations by a common carrier subject
			 to title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.), the
			 person may pursue either the remedy provided by this subsection or any remedies
			 provided by such title, but not both.
				7.DefinitionsIn this Act:
			(1)Appropriate
			 CommissionThe term
			 appropriate Commission means either the Federal Trade Commission
			 or the Federal Communications Commission, or both, depending on which
			 Commission has jurisdiction under section 6 with respect to the person and
			 activity involved.
			(2)Commercial
			 mobile data serviceThe term commercial mobile data
			 service has the meaning given such term in section 6001 of the Middle
			 Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401).
			(3)Commercial
			 mobile serviceThe term commercial mobile service
			 has the meaning given such term in section 332 of the Communications Act of
			 1934 (47 U.S.C. 332).
			(4)Mobile
			 deviceThe term mobile device means a personal
			 electronic device that has the capability of transmitting and receiving voice,
			 video, or data communications by means of commercial mobile service or
			 commercial mobile data service.
			(5)Monitoring
			 softwareThe term monitoring software means software
			 that has the capability to monitor the usage of a mobile device or the location
			 of the user and to transmit the information collected to another device or
			 system, whether or not such capability is the primary function of the software
			 or the purpose for which the software is marketed.


115 HRES 823 IH: Expressing support for the designation of the week of April 16, 2018, through April 20, 2018, as National Specialized Instructional Support Personnel Appreciation Week.
U.S. House of Representatives
2018-04-12
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.

IV115th CONGRESS2d SessionH. RES. 823IN THE HOUSE OF REPRESENTATIVESApril 12, 2018Mr. Loebsack (for himself, Mr. Meeks, and Ms. Velázquez) submitted the following resolution; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Energy and Commerce, 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 concernedRESOLUTIONExpressing support for the designation of the week of April 16, 2018, through April 20, 2018, as National Specialized Instructional Support Personnel Appreciation Week.
Whereas there are more than 1,000,000 specialized instructional support personnel, such as school counselors, school nurses, psychologists, school psychologists, social workers, school social workers, occupational therapists, physical therapists, art therapists, dance/movement therapists, music therapists, speech-language pathologists and audiologists serving our Nation's schools and students;  Whereas specialized instructional support personnel provide school-based prevention and early intervention services to reduce barriers to learning;
Whereas specialized instructional support personnel work with teachers, administrators, and parents to ensure all students are successful in school;  Whereas specialized instructional support personnel encourage multidisciplinary collaboration to promote student and school success;
Whereas specialized instructional support personnel provide educational, social, emotional, and behavioral interventions and activities that support student learning and teaching;  Whereas specialized instructional support personnel help to create environments that are safe, supportive, and conducive to learning;
Whereas safe and supportive school environments are associated with improved academic performance;  Whereas specialized instructional support personnel support student communication and social skill development;
Whereas specialized instructional support personnel support student physical wellness and development;  Whereas specialized instructional support personnel support the behavioral, emotional, and mental health of students; and
Whereas specialized instructional support personnel serve all students who struggle with barriers to learning: Now, therefore, be it That the House of Representatives—
(1)supports the designation of National Specialized Instructional Support Personnel Appreciation Week; (2)recognizes that specialized instructional support personnel implement evidence-based practices to improve student outcomes;
(3)commends the National Alliance of Specialized Instructional Support Personnel, a 20-member organization, for their efforts to promote and improve the availability of specialized instructional support services; (4)encourages Federal, State, and local policymakers to work together to raise awareness of the importance of specialized instructional support personnel in education reform efforts;
(5)urges the Department of Education to provide guidance to States and local educational agencies on how to effectively utilize specialized instructional support personnel in school improvement efforts; (6)urges the Substance Abuse and Mental Health Services Administration to promote the involvement of specialized instructional support personnel in efforts to improve mental health, reduce drug use, and improve overall community safety; and
(7)encourages experts to share best practices so that others can replicate their success.


		II
		111th CONGRESS
		1st Session
		S. 2408
		IN THE SENATE OF THE UNITED STATES

			October 29, 2009
			Mrs. Hagan introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend the temporary suspension of duty on
		  1-Acetyl-4-(3-dodecyl-2,
		  5-dioxo-1-pyrrolidinyl)-2,2,6,6-tetramethylpiperidine.

		1.1-Acetyl-4-(3-dodecyl-2,
			 5-dioxo-1-pyrrolidinyl)-2,2,6,6-tetramethylpiperidine
			(a)In
			 generalHeading 9902.04.06 of
			 the Harmonized Tariff Schedule of the United States (relating to
			 1-Acetyl-4-(3-dodecyl-2, 5-dioxo-1-pyrrolidinyl)-2,2,6,6-tetramethylpiperidine)
			 is amended by striking the date in the effective period column and inserting
			 12/31/2011.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


		II
		110th CONGRESS
		1st Session
		S. 1914
		IN THE SENATE OF THE UNITED STATES

			August 1, 2007
			Mrs. Feinstein (for
			 herself, Ms. Collins,
			 Mr. Durbin, Mr.
			 Kennedy, Mr. Feingold, and
			 Mr. Casey) introduced the following bill;
			 which was read twice and referred to the Committee on Armed
			 Services

		A BILL
		To require a comprehensive nuclear posture review, and
		  for other purposes.

		1.Short titleThis Act may be cited as the
			 Nuclear Policy and Posture Review Act
			 of 2007.
		2.Revised nuclear policy
			 review and nuclear posture review
			(a)Nuclear policy
			 review
				(1)In
			 generalThe President shall conduct a nuclear policy review to
			 consider a range of options on the role of nuclear weapons in United States
			 security policy. The policy review shall be coordinated by the National
			 Security Advisor and shall include the Secretary of State, the Secretary of
			 Energy, the Secretary of Defense, the Director of National Intelligence, the
			 Director of the Office of Management and Budget, and the Director of the Office
			 of Science and Technology Policy.
				(2)Scope of
			 reviewThe nuclear policy review conducted under paragraph (1)
			 shall—
					(A)address the role
			 and value of nuclear weapons in the current global security environment;
					(B)set forth
			 short-term and long-term objectives of United States nuclear weapons
			 policy;
					(C)consider the
			 contributions of the Treaty on the Non-Proliferation of Nuclear Weapons, done
			 at Washington, London, and Moscow July 1, 1968 (commonly referred to as the
			 Nuclear Non-Proliferation Treaty), to United States national
			 security, and include recommendations for strengthening the Treaty;
					(D)explore the
			 relationship between the nuclear policy of the United States and
			 nonproliferation and arms control objectives and international treaty
			 obligations, including obligations under Article VI of the Nuclear
			 Non-Proliferation Treaty;
					(E)determine the
			 role and effectiveness of the Treaty Between the United States of America and
			 the Union of Soviet Socialist Republics on the Reduction and Limitation of
			 Strategic Offensive Arms, signed at Moscow July 31, 1991 (commonly referred to
			 as the START I Treaty), and the Treaty Between the United States
			 of America and the Russian Federation on Strategic Offensive Reductions, done
			 at Moscow May 24, 2002 (commonly referred to as the Moscow
			 Treaty), in achieving the national security and nonproliferation goals
			 of the United States and in implementing United States military strategy, and
			 describe the elements of a recommended successor treaty, including verification
			 provisions; and
					(F)provide policy
			 guidance and make recommendations for the nuclear posture review to be
			 conducted under subsection (b).
					(3)Outside
			 inputThe policy review shall include contributions from outside
			 experts and, to the extent possible, shall include public meetings to consider
			 a range of views.
				(b)Nuclear posture
			 review
				(1)In
			 generalFollowing completion of the nuclear policy review under
			 subsection (a), the Secretary of Defense shall conduct a comprehensive review
			 of the nuclear posture of the United States to clarify United States nuclear
			 deterrence policy and strategy. The Secretary shall conduct the review in
			 collaboration with the Secretary of Energy, the Secretary of State, the
			 Director of National Intelligence, and the National Security Advisor.
				(2)Elements of
			 ReviewThe nuclear posture review conducted under paragraph (1)
			 shall include the following elements:
					(A)The role of
			 nuclear forces in United States military strategy, planning, and programming,
			 including the extent to which conventional forces can assume roles previously
			 assumed by nuclear forces.
					(B)The policy
			 requirements and objectives for the United States to maintain a safe, reliable,
			 and credible nuclear deterrence posture, in light of the guidance provided by
			 the nuclear policy review conducted under subsection (a).
					(C)The targeting
			 strategy required to implement effectively the guidance provided by the nuclear
			 policy review conducted under subsection (a).
					(D)The levels and
			 composition of the nuclear delivery systems that will be required for
			 implementing the United States national and military strategy, including any
			 plans for removing, replacing, or modifying existing systems.
					(E)The nuclear
			 weapons complex that will be required for implementing the United States
			 national and military strategy, including any plans to consolidate, modernize,
			 or modify the complex.
					(F)The active and
			 inactive nuclear weapons stockpile that will be required for implementing the
			 United States national and military strategy, including any plans for replacing
			 or modifying warheads.
					(G)An account of the
			 different nuclear postures considered in the review and the reasoning for the
			 selection of the nuclear posture.
					(c)Reports
			 required
				(1)Nuclear policy
			 reviewNot later than September 1, 2009, the President shall
			 submit to Congress a report on the results of the nuclear policy review
			 conducted under subsection (a).
				(2)Nuclear posture
			 reviewNot later than March 1, 2010, the President shall submit
			 to Congress a report on the results of the nuclear posture review conducted
			 under subsection (b).
				(3)FormEach
			 report required under this subsection shall be submitted in unclassified form,
			 but may contain a classified annex.
				(d)Sense of
			 congress on use of nuclear posture reviewIt is the sense of
			 Congress that the nuclear policy review conducted under subsection (a) should
			 be used as the basis for establishing future strategic arms control objectives
			 and negotiating positions of the United States.
			(e)Restriction on
			 funding of reliable replacement warhead programNotwithstanding
			 any other provision of law, no funds may be appropriated or otherwise made
			 available for the Reliable Replacement Warhead Program for fiscal years 2008,
			 2009, or 2010 until the reports required under subsection (c) have been
			 submitted to Congress.


115 HR 5634 IH: Medical Cannabis Research Act of 2018
U.S. House of Representatives
2018-04-26
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. 5634IN THE HOUSE OF REPRESENTATIVESApril 26, 2018Mr. Gaetz (for himself, Mr. Bishop of Utah, Mr. Swalwell of California, Mr. Rutherford, Mr. Taylor, Mr. Garrett, Mr. Raskin, Mr. Blumenauer, Mr. Joyce of Ohio, Mr. Buck, Mrs. Handel, Mr. Curbelo of Florida, Mr. Soto, Mr. Polis, Mr. Denham, Ms. Ros-Lehtinen, Mr. Sanford, Mr. Cicilline, Ms. Lee, Mr. Issa, Mr. Rohrabacher, Mr. Goodlatte, Mr. McClintock, Mr. Hastings, Mr. Cohen, Ms. Titus, Ms. Lofgren, and Mr. Correa) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo increase the number of manufacturers registered under the Controlled Substances Act to
			 manufacture cannabis for legitimate research purposes, to authorize health
			 care providers of the Department of Veterans Affairs to provide
			 recommendations to veterans regarding participation in federally-approved
			 cannabis clinical trials, and for other purposes.

 1.Short titleThis Act may be cited as the Medical Cannabis Research Act of 2018. 2.Increasing the number of federally-registered manufacturers of cannabis for legitimate research purposes (a)In generalSection 303 of the Controlled Substances Act (21 U.S.C. 823) is amended—
 (1)by redesignating subsection (k) as subsection (l); and (2)by inserting after subsection (j) the following:

						(k)Registration of manufacturers of cannabis for legitimate research purposes
 (1)In generalAny manufacturer of cannabis for research shall obtain a separate registration under this subsection for that purpose—
 (A)annually; or (B)for a longer period as determined necessary by the Attorney General to supply cannabis for the full duration of a particular multi-year study for legitimate research purposes.
								(2)Adequate and uninterrupted supply
 (A)Annual assessmentOn an annual basis, the Attorney General shall assess whether there is an adequate and uninterrupted supply of cannabis for legitimate research purposes.
 (B)Initial yearNot later than 1 year after the date of enactment of the Medical Cannabis Research Act of 2018, of the applicants meeting the requirements of this Act, the Attorney General shall register under subsection (a) and this subsection at least 2 applicants to manufacture cannabis for legitimate research purposes in addition to any manufacturers that are registered under subsection (a) to manufacture cannabis as of the date of enactment of the Medical Cannabis Research Act of 2018.
 (C)Subsequent yearsFor calendar year 2019 and each subsequent calendar year, of the applicants meeting the requirements of this Act, the Attorney General shall register (including any registration renewal) under subsection (a) and this subsection at least 3 applicants to manufacture cannabis for legitimate research purposes.
 (3)RequirementsA manufacturer registered under this subsection shall— (A)comply with all applicable requirements of this Act;
 (B)limit the transfer and sale of any cannabis manufactured pursuant to this section— (i)to researchers who are registered under this Act to conduct research with controlled substances in schedule I; and
 (ii)for purposes of use in preclinical research or in a clinical investigation pursuant to an investigational new drug exemption under 505(i) of the Federal Food, Drug, and Cosmetic Act;
 (C)transfer or sell any cannabis manufactured pursuant to this section only with prior, written consent for the transfer or sale by the Attorney General;
 (D)have completed the application and review process under subsection (a) for the bulk manufacture of controlled substances in schedule I;
 (E)have established and begun operation of a process for storage and handling of controlled substances in schedule I, including for inventory control and monitoring security;
 (F)have the ability to provide at least 10 unique plant cultivars to ensure plant diversity and scale up to produce bulk plant material on an uninterrupted basis sufficient to supply forecasted demand;
 (G)be licensed, by each State in which the manufacturer conducts its operations pursuant to this subsection, to manufacture cannabis;
 (H)have completed a criminal background check for all personnel involved in the operations of the manufacturer pursuant to this subsection to confirm that such personnel have no conviction for a felony or drug-related misdemeanor;
 (I)have a letter of reference affirming the manufacturer’s good standing from each of the applicable State health care and law enforcement authorities in each jurisdiction of the manufacturer’s operations pursuant to this subsection; and
 (J)have the ability to test for and isolate at least 12 cannabinoids for the purposes of producing specific products for specific studies by compounding pharmacists or others, labeling, and chemical consistency.
 (4)Application contentsAs part of an application to be registered under this subsection, an applicant shall include a written explanation of how the applicant’s proposed manufacture of cannabis would augment the Nation's supply of cannabis for legitimate research purposes.
 (5)ProcessNot later than 1 year after the date on which the Attorney General receives an application to be registered under this section to manufacture cannabis for research, the Attorney General shall—
 (A)grant, or initiate proceedings under section 304(c) to deny, the application; or (B)request supplemental information from the applicant.
 (6)Rule of construction on registration for purposes other than researchNothing in this subsection shall be construed to affect the provisions of this section prohibiting or otherwise pertaining to registration of manufacturers of cannabis for purposes other than research, including for purposes of strictly commercial endeavors funded by the private sector and aimed at drug product development.
 (7)No discriminatory treatment by Federal GovernmentNotwithstanding any other provision of law, no Federal department or agency shall deny or limit any funding, other assistance, licensing, or other privilege with respect to any person on the basis that such person is, or is legally receiving cannabis from, a manufacturer of cannabis that is—
 (A)registered under this subsection; and (B)in compliance with the requirements of this Act.
 (8)Special ruleIf cannabis, or any component thereof, is placed in a schedule other than schedule I, the Attorney General may, as the Attorney General determines appropriate—
 (A)treat the reference to subsection (a) in paragraph (2)(C) of this subsection as a reference to subsection (d); and (B)treat the references to schedule I in paragraph (3) as references to the appropriate schedule.
 (9)DefinitionIn this subsection, the term legitimate research purposes has the meaning given to such term for purposes of subsection (a)(1).. (b)Transitional provisions (1)Current registrantsNotwithstanding paragraph (1) of section 303(k) of the Controlled Substances Act, as added by subsection (a), any manufacturer that is registered under section 303(a) of the Controlled Substances Act (21 U.S.C. 823(a)) to manufacture cannabis as of the date of enactment of this Act shall not be required to obtain a separate registration under such section 303(k) for the 1-year period following the date of enactment of this Act.
 (2)Pending applicationsThe Attorney General of the United States shall grant or deny, in accordance with section 303 of the Controlled Substances Act (21 U.S.C. 823), as amended by subsection (a), each application to manufacture cannabis to supply researchers in the United States that was submitted—
 (A)pursuant to the policy statement entitled Applications To Become Registered Under the Controlled Substances Act To Manufacture Marijuana To Supply Researcher in the United States published by the Drug Enforcement Administration in the Federal Register on August 12, 2016 (81 Fed. Reg. 53846); and
 (B)before February 12, 2017. (c)Technical amendmentSection 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended by inserting after The term marihuana  the following: or marijuana or cannabis.
			3.Provision by Department of Veterans Affairs health care providers of information regarding veteran
			 participation in federally-approved cannabis clinical trials
 (a)Provision of information and formsNotwithstanding any other provision of law, health care providers of the Department of Veterans Affairs may—
 (1)provide information to veterans regarding participation in federally-approved cannabis clinical trials; and
 (2)complete forms relating to such participation. (b)Receipt of informationHealth care providers and other employees of the Department may accept information regarding federally-approved cannabis clinical trials provided by individuals who are not employed by the Department who are researchers registered under the Controlled Substances Act (21 U.S.C. 801 et seq.) to conduct research with controlled substances in schedule I of section 202(c) of such Act (21 U.S.C. 812(c)).
 (c)ResearchThe Secretary of Veterans Affairs may conduct research on cannabis if the employees of the Department who are conducting such research are researchers registered under the Controlled Substances Act (21 U.S.C. 801 et seq.) to conduct research with controlled substances in schedule I of section 202(c) of such Act (21 U.S.C. 812(c)).