114 S2931 IS: Botnet Prevention Act of 2016
U.S. Senate
2016-05-16
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. 2931IN THE SENATE OF THE UNITED STATESMay 16, 2016Mr. Graham (for himself, Mr. Whitehouse, and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to protect Americans from cybercrime.

 1.Short titleThis Act may be cited as the Botnet Prevention Act of 2016. 2.Shutting down botnets (a)AmendmentSection 1345 of title 18, United States Code, is amended—
 (1)in the heading, by inserting and abuse after fraud; (2)in subsection (a)—
 (A)in paragraph (1)— (i)in subparagraph (B), by striking or at the end;
 (ii)in subparagraph (C), by inserting or after the semicolon; and (iii)by inserting after subparagraph (C) the following:

 (D)violating or about to violate section 1030(a)(5) of this title where such conduct has caused or would cause damage (as defined in section 1030) without authorization to 100 or more protected computers (as defined in section 1030) during any 1-year period, including by—
 (i)impairing the availability or integrity of the protected computers without authorization; or (ii)installing or maintaining control over malicious software on the protected computers that, without authorization, has caused or would cause damage to the protected computers;; and
 (B)in paragraph (2), by inserting , a violation described in subsection (a)(1)(D), before or a Federal; and (3)by adding at the end the following:

 (c)A restraining order, prohibition, or other action described in subsection (b), if issued in circumstances described in subsection (a)(1)(D), may, upon application of the Attorney General—
 (1)specify that no cause of action shall lie in any court against a person for complying with the restraining order, prohibition, or other action; and
 (2)provide that the United States shall pay to such person a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in complying with the restraining order, prohibition, or other action..
 (b)Technical and conforming amendmentThe table of sections for chapter 63 of title 18, United States Code, is amended by striking the item relating to section 1345 and inserting the following:
				1345. Injunctions against fraud and abuse..
			3.Aggravated damage to a critical infrastructure computer
 (a)In generalChapter 47 of title 18, United States Code, is amended by inserting after section 1030 the following:

					1030A.Aggravated damage to a critical infrastructure computer
 (a)OffenseIt shall be unlawful, during and in relation to a felony violation of section 1030, to knowingly cause or attempt to cause damage to a critical infrastructure computer, if such damage results in (or, in the case of an attempted offense, would, if completed, have resulted in) the substantial impairment—
 (1)of the operation of the critical infrastructure computer; or (2)of the critical infrastructure associated with such computer.
 (b)PenaltyAny person who violates subsection (a) shall, in addition to the term of punishment provided for the felony violation of section 1030, be fined under this title, imprisoned for not more than 20 years, or both.
 (c)Consecutive sentenceNotwithstanding any other provision of law— (1)a court shall not place any person convicted of a violation of this section on probation;
 (2)except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony violation of section 1030;
 (3)in determining any term of imprisonment to be imposed for the felony violation of section 1030, a court shall not in any way reduce the term to be imposed for such violation to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and
 (4)a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, if such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the United States Sentencing Commission pursuant to section 994 of title 28.
 (d)DefinitionsIn this section— (1)the terms computer and damage have the meanings given the terms in section 1030; and
 (2)the term critical infrastructure means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have catastrophic regional or national effects on public health or safety, economic security, or national security..
 (b)Table of sectionsThe table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1030 the following:
				1030A. Aggravated damage to a critical infrastructure computer..
			4.Stopping trafficking in botnets
 (a)In generalSection 1030 of title 18, United States Code, is amended— (1)in subsection (a)—
 (A)in paragraph (7), by adding or at the end; and (B)by inserting after paragraph (7) the following:

 (8)intentionally traffics in the means of access to a protected computer, if— (A)the trafficker knows or has reason to know the protected computer has been damaged in a manner prohibited by this section; and
 (B)the promise or agreement to pay for the means of access is made by, or on behalf of, a person the trafficker knows or has reason to know intends to use the means of access to—
 (i)damage the protected computer in a manner prohibited by this section; or (ii)violate section 1037 or 1343;;
 (2)in subsection (c)(3)— (A)in subparagraph (A), by striking (a)(4) or (a)(7) and inserting (a)(4), (a)(7), or (a)(8); and
 (B)in subparagraph (B), by striking (a)(4), or (a)(7) and inserting (a)(4), (a)(7), or (a)(8); (3)in subsection (e)—
 (A)in paragraph (11), by striking and at the end; (B)in paragraph (12), by striking the period at the end and inserting ; and; and
 (C)by adding at the end the following:  (13)the term traffic, except as provided in subsection (a)(6), means transfer, or otherwise dispose of, to another as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value.; and
 (4)in subsection (g), in the first sentence, by inserting , except for a violation of subsection (a)(8), after of this section.


116 HRES 1253 EH: Designating room H-150 of the United States Capitol as “The Joseph H. Rainey Room” to honor the historic life, career, and legacy of Representative Joseph Rainey of South Carolina on the 150th anniversary of his seating as a member of the House of Representatives.
U.S. House of Representatives
2020-12-10
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.

IV
116th CONGRESS
2d Session
H. RES. 1253
In the House of Representatives, U. S.,

December 10, 2020

RESOLUTION
Designating room H-150 of the United States Capitol as “The Joseph H. Rainey Room” to honor the historic life, career, and legacy of Representative Joseph Rainey of South Carolina on the 150th anniversary of his seating as a member of the House of Representatives.

Whereas Joseph Hayne Rainey was born enslaved on June 21, 1832, in Georgetown, South Carolina; Whereas South Carolina prohibited the education of Black Americans, and instead of a formal education, Joseph H. Rainey learned the barbering trade from his father, Edward Rainey;
Whereas Edward Rainey used profits from his work as a barber to buy his and his family’s freedom in the early 1840’s; Whereas Joseph H. Rainey eventually moved with his family to Charleston, South Carolina;
Whereas in 1859, Joseph H. Rainey married his wife, Susan, with whom he had three children, Joseph, Herbert, and Olive; Whereas in 1861, Joseph H. Rainey was conscripted by the Confederate Army and worked as a ship’s steward aboard a Confederate vessel which secretly carried goods to the Union Navy;
Whereas during the Civil War, in 1862, Joseph H. Rainey and his wife and family escaped to Bermuda, a British colony that had abolished slavery in 1834, where he undertook successful entrepreneurial endeavors with his wife; Whereas in 1866 Joseph Rainey and his family moved back to Charleston, South Carolina after the Civil War had ended;
Whereas Joseph H. Rainey co-founded the state Republican Party and represented Georgetown, South Carolina on the Party’s central committee; Whereas Joseph H. Rainey participated in the South Carolina State constitutional convention in 1868;
Whereas Joseph H. Rainey won election to the House of Representatives in 1870 and was the first African American to serve in the House of Representatives; Whereas Joseph H. Rainey was sworn in as a member of the House of Representatives on December 12, 1870, to represent the 1st District of South Carolina in the Forty-First Congress;
Whereas Joseph H. Rainey became the first African American to preside over the House of Representatives on April 29, 1874; Whereas Joseph H. Rainey served with distinction on several committees, including the Committee on Freedmen’s Affairs, the committee handling all legislation concerning formerly enslaved people;
Whereas Joseph H. Rainey implored Congress to provide more resources for education, calling for a federal, publicly funded school system to develop the “future lawmakers and rulers of our country”; Whereas Joseph H. Rainey spoke on the House floor in support of a $1 million appropriation to protect voting rights in the South, which was later approved;
Whereas Joseph H. Rainey called for decisive federal action to end widespread violence in the former Confederacy, advocating for passage of the Ku Klux Klan Act of 1871; Whereas Joseph H. Rainey spoke extensively on the floor of the House of Representatives about discrimination he faced as a sitting Member of Congress, advocating for a civil rights act to end discrimination on juries, in schools, on transportation, and in public accommodations;
Whereas Joseph H. Rainey departed the House of Representatives on March 3, 1879, following electoral backlash against Reconstruction; Whereas Joseph H. Rainey was the longest-serving African American Member of Congress during the Reconstruction period;
Whereas Joseph H. Rainey was appointed a special agent of the United States Department of the Treasury in South Carolina in 1879 following his Congressional service; Whereas Joseph H. Rainey is now commemorated in the United States Capitol in an exhibit unveiled on December 4, 2020, by the Speaker of the House, highlighting his legacy and the foundation he laid for generations of lawmakers; and
Whereas the Historian and the Clerk of the House of Representatives published a historical record in September 2020 entitled We Are in Earnest for Our Rights: Rainey and the Struggle for Reconstruction, chronicling the legacy of Representative Joseph Rainey: Now, therefore, be it  That room H–150 of the United States Capitol is designated as “The Joseph H. Rainey Room” to honor the historic life, career, and legacy of Representative Joseph Rainey of South Carolina on the 150th anniversary of his seating as a member of the House of Representatives.

Cheryl L. Johnson,Clerk.


109 HR 3998 IH: To provide farm debt and program relief to African-American farmers who suffered discrimination in the administration of Department of Agriculture farm credit programs and other agriculture programs, and for other purposes.
U.S. House of Representatives
2005-10-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 3998
IN THE HOUSE OF REPRESENTATIVES

October 6, 2005
Ms. McKinney introduced the following bill; which was referred to the Committee on Agriculture

A BILL
To provide farm debt and program relief to African-American farmers who suffered discrimination in the administration of Department of Agriculture farm credit programs and other agriculture programs, and for other purposes.

1.FindingsCongress finds the following:
(1)In 1998, the Secretary of Agriculture reported to Congress that the majority of African-American farmers who applied to participate in the farm credit programs administered by the Department of Agriculture had been discriminated against.
(2)As a consequence of the Secretary’s admission, section 741 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (section 101(a) of Public Law 105–277; 112 Stat. 2681–30; 7 U.S.C. 2279 note), waived the statute of limitations for civil actions brought by African-American farmers in response to such discrimination.
(3)In October 1998, the United States District Court for the District of Columbia certified a civil class consisting of all African-American farmers, and in April 1999, the plaintiffs, acting through their legal counsel, entered into a consent order with the Secretary of Agriculture providing for specific farm debt relief and certain minimum payments be made to the farmers.
(4)In June 2002, the United States Court of Appeals for the District of Columbia Circuit ruled that the African-American farmers were the victims of virtual malpractice by their class counsel.
(5)As a consequence of the class counsel’s actions, thousands of African-American farmers filed claims against the Judgement Fund of the United States that were neither poorly or fraudulently processed to negative ends.
2.Relief for African-American farmers
(a)Debt ForgivenessIn the case of each African-American farmer described in subsection (c), the United States permanently forgives any indebtedness, removes from collection, and relinquishes its rights to any payments, in connection with all farm operating loan program debt agreements entered into between the farmer and the Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et. seq).
(b)Payment of minimal reliefIn the case of each African-American farmer described in subsection (c), the Secretary of Agriculture shall pay the minimum relief raised in the combined cases Pigford et al. v. Glickman, Civil Action No. 97–1978 D.D.C. (PLF) and Brewington et al. v. Glickman, Civil Action No. 98–1693 D.D.C. (PLF).
(c)EligibilityTo be eligible for the relief provided by subsections (a) and (b), an African-American farmer shall present the Secretary with substantial evidence that—
(1)the farmer was an actual farmer during the period beginning on January 1, 1981, and extending through December 30, 1996, determined in the manner provided in section 311(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(a)); and
(2)the farmer applied for, but failed to receive, any relief pursuant to section 741 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 or through the Black Farmer Settlement as authorized by the United States District Court in Pigford et al. v. Glickman and Brewington et al. v. Glickman.
(d)Time period covered by reliefThe relief provided by subsections (a) and (b) shall cover farm operating loan or debt agreements entered into during the period specified in subsection (c)(1).
(e)FundingThere is hereby appropriated to the Secretary of Agriculture, out of amounts in the Treasury not otherwise appropriated, not less than $150,000,000 to make the payments required by subsection (b).


113 S1556 IS: To amend title 38, United States Code, to modify authorities relating to the collective bargaining of employees in the Veterans Health Administration.
U.S. Senate
2013-09-27
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.

II113th CONGRESS1st SessionS. 1556IN THE SENATE OF THE UNITED STATESSeptember 27, 2013Mr. Brown (for himself, Mr. Begich, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to modify
		  authorities relating to the collective bargaining of employees in the Veterans
		  Health Administration.1.Modification of authorities
			 on collective bargaining of employees of the Veterans Health
			 AdministrationSection 7422 of
			 title 38, United States Code, is amended—(1)by striking
			 subsections (b), (c), and (d); and(2)by redesignating
			 subsection (e) as subsection (c).


113 HR 3088 IH: Major Drug Trafficking Prosecution Act of 2013
U.S. House of Representatives
2013-09-12
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.

		I
		113th CONGRESS
		1st Session
		H. R. 3088
		IN THE HOUSE OF REPRESENTATIVES

			September 12, 2013
			Ms. Waters (for
			 herself, Mr. Ellison,
			 Mr. Lewis,
			 Ms. Norton,
			 Ms. Brown of Florida,
			 Mr. Rush, Mr. Cárdenas, Mr.
			 Carson of Indiana, Mr.
			 Cohen, Mr. Quigley,
			 Mr. Payne, and
			 Ms. Jackson Lee) introduced the
			 following bill; which was referred to the Committee on the Judiciary, 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 concerned

		A BILL
		To concentrate Federal resources aimed at the prosecution
		  of drug offenses on those offenses that are major.

		1.Short titleThis Act may be cited as the
			 Major Drug Trafficking Prosecution Act
			 of 2013.
		2.FindingsCongress makes the following
			 findings:
			(1)Mandatory minimum
			 sentences are statutorily prescribed terms of imprisonment that automatically
			 attach upon conviction of certain criminal conduct, usually pertaining to drug
			 or firearm offenses. Absent very narrow criteria for relief, a sentencing judge
			 is powerless to mandate a term of imprisonment below the mandatory minimum.
			 Mandatory minimum sentences for drug offenses rely solely upon the weight of
			 the substance as a proxy for the degree of involvement of a defendant’s
			 role.
			(2)In the Anti-Drug Abuse Act of 1986, and at
			 the height of the public outcry over crack cocaine, Congress acted hastily,
			 without sufficient hearings, and enacted hard line penalties that targeted
			 low-level drug offenders. These penalties included new, long mandatory minimum
			 sentences for such offenders.
			(3)According to the
			 Bureau of Prisons, in 1986, when the new drug law containing lengthy mandatory
			 minimum sentences passed, the prison population was 36,000. Today, the Federal
			 prison population is over 215,000 prisoners, up almost 600 percent in 26
			 years.
			(4)According to the
			 Bureau of Prisons, the cost to keep one prisoner in Federal prison for one year
			 is approximately $26,000.
			(5)According to the
			 Department of Justice, since the enactment of mandatory minimum sentencing for
			 drug users, the Federal Bureau of Prisons budget increased from $994 million in
			 1987 to almost $6.2 billion in 2009.
			(6)According to the
			 U.S. Sentencing Commission, between 1995 and 2010, over 400,000 drug offenders
			 were sentenced under Federal law; of these, almost 250,000 (61 percent)
			 received mandatory minimum sentences.
			(7)According to the
			 U.S. Sentencing Commission, drug offenders released from prison in 1986 who had
			 been sentenced before the adoption of mandatory sentences and sentencing
			 guidelines had served an average of 22 months in prison. In 2010, almost
			 two-thirds of all drug offenders received a mandatory sentence, with most
			 receiving a 10-year minimum. Most of these offenders are nonviolent or
			 lower-level offenders with little or no criminal history: in 2010, 51.6 percent
			 had few or no prior convictions, 83.6 percent did not have weapons involved in
			 their offense, and only 6 percent were considered leaders, managers, or
			 supervisors of drug operations.
			(8)Mandatory minimum
			 sentences have consistently been shown to have a disproportionate impact on
			 African-Americans. The United States Sentencing Commission, in a 15-year
			 overview of the Federal sentencing system, concluded that mandatory
			 penalty statutes are used inconsistently and disproportionately affect
			 African-American defendants. African-American drug defendants are 20 percent
			 more likely to be sentenced to prison than White drug defendants.
			(9)According to the
			 U.S. Sentencing Commission, between 1994 and 2003, the average time served by
			 African-Americans for a drug offense increased by 62 percent, compared to a 17
			 percent increase among White drug defendants.
			(10)According to the
			 Substance Abuse and Mental Health Services Administration, government surveys
			 document that drug use is roughly consistent across racial and ethnic groups.
			 While there is less data available regarding drug sellers, research from the
			 Office of National Drug Control Policy and the National Institute of Justice
			 has found that drug users generally buy drugs from someone of their own racial
			 or ethnic background. But, according to the U.S. Sentencing Commission, over 70
			 percent of all Federal narcotics offenders sentenced each year are
			 African-Americans and Hispanic Americans, many of whom are low-level
			 offenders.
			(11)As a result of Federal prosecutors’ focus
			 on low-level drug offenders, the overwhelming majority of individuals subject
			 to the heightened crack cocaine penalties are African-American. According to
			 the U.S. Sentencing Commission’s 2007 Report to Congress on crack cocaine, only
			 8.8 percent of Federal crack cocaine convictions were imposed on White
			 Americans, while 81.8 percent and 8.4 percent were imposed on African-American
			 and Hispanics, respectively.
			(12)According to the
			 U.S. Census, African-Americans comprise 12 percent of the U.S. population and,
			 according to the Substance Abuse and Mental Health Services Administration,
			 about 10 percent of all drug users, but almost 30 percent of all Federal drug
			 convictions according to the U.S. Sentencing Commission.
			(13)According to the
			 U.S. Sentencing Commission, African-Americans, on average, now serve almost as
			 much time in Federal prison for a drug offense (58.7 months) as Whites do for a
			 violent offense (61.7 months).
			(14)According to the
			 U.S. Sentencing Commission, in 2010, almost 30 percent of women entering
			 Federal prison did so for a drug offense. Linking drug quantity with punishment
			 severity has had a particularly profound impact on women, who are more likely
			 to play peripheral roles in a drug enterprise than men. However, because
			 prosecutors can attach drug quantities to an individual regardless of the level
			 of a defendant’s participation in the charged offense, women have been exposed
			 to increasingly punitive sentences to incarceration.
			(15)Low-level and
			 mid-level drug offenders can be adequately prosecuted by the States and
			 punished or supervised in treatment as appropriate.
			(16)The Departments of Justice, Treasury, and
			 Homeland Security are the agencies with the greatest capacity to investigate,
			 prosecute and dismantle the highest level of drug trafficking organizations.
			 Low-level drug offender investigations and prosecutions divert Federal
			 personnel and resources from prosecuting high-level traffickers.
			(17)Congress must
			 have the most current information on the number of prosecutions of high-level
			 and low-level drug offenders in order to properly reauthorize Federal drug
			 enforcement programs.
			(18)Congress has an
			 obligation to taxpayers to use sentencing policies that are cost-effective and
			 increase public safety, in addition to establishing a criminal justice system
			 that is fair, efficient and provides just sentences for offenders. Mandatory
			 sentences have not been conclusively shown to reduce recidivism or deter
			 crime.
			(19)Prisons are important and expensive; the
			 limited resources in the Federal criminal justice system should be used to
			 protect society by incapacitating dangerous and violent offenders who pose a
			 threat to public safety. The Federal judiciary has the expertise and is in the
			 best position to sentence each offender and determine who should be sent to
			 Federal prisons and the amount of time each offender should serve.
			3.Approval of
			 certain prosecutions by Attorney GeneralA Federal prosecution for an offense under
			 the Controlled Substances Act, the Controlled Substances Import and Export Act,
			 or for any conspiracy to commit such an offense, where the offense involves the
			 illegal distribution or possession of a controlled substance in an amount less
			 than that amount specified as a minimum for an offense under section
			 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or, in
			 the case of any substance containing cocaine or cocaine base, in an amount less
			 than 500 grams, shall not be commenced without the prior written approval of
			 the Attorney General.
		4.Modification of
			 certain sentencing provisions
			(a)Section
			 404Section 404(a) of the Controlled Substances Act (21 U.S.C.
			 844(a)) is amended—
				(1)by striking
			 not less than 15 days but;
				(2)by striking
			 not less than 90 days but; and
				(3)by striking the
			 sentence beginning The imposition or execution of a minimum
			 sentence.
				(b)Section
			 401Section 401(b) of the Controlled Substances Act (21 U.S.C.
			 841(b)) is amended—
				(1)in paragraph
			 (1)(A)—
					(A)by striking
			 which may not be less than 10 years and or more than and
			 inserting for any term of years or for;
					(B)by striking
			 and if death the first place it appears and all that follows
			 through 20 years or more than life the first place it
			 appears;
					(C)by striking
			 which may not be less than 20 years and not more than life
			 imprisonment and inserting for any term of years or for
			 life;
					(D)by inserting
			 imprisonment for any term of years or after if death or
			 serious bodily injury results from the use of such substance shall be sentenced
			 to;
					(E)by striking the
			 sentence beginning If any person commits a violation of this
			 subparagraph; and
					(F)by striking the
			 sentence beginning Notwithstanding any other provision of law
			 and the sentence beginning No person sentenced; and
					(2)in paragraph
			 (1)(B)—
					(A)by striking
			 which may not be less than 5 years and and inserting
			 for;
					(B)by striking
			 not less than 20 years or more than and inserting for any
			 term of years or to;
					(C)by striking
			 which may not be less than 10 years and more than and inserting
			 for any term of years or for;
					(D)by inserting
			 imprisonment for any term of years or to after if death
			 or serious bodily injury results from the use of such substance shall be
			 sentenced to; and
					(E)by striking the
			 sentence beginning Notwithstanding any other provision of
			 law.
					(c)Section
			 1010Section 1010(b) of the Controlled Substances Import and
			 Export Act (21 U.S.C. 960(b)) is amended—
				(1)in paragraph
			 (1)—
					(A)by striking
			 of not less than 10 years and not more than and inserting
			 for any term of years or for;
					(B)by striking
			 and if death the first place it appears and all that follows
			 through 20 years and not more than life the first place it
			 appears;
					(C)by striking
			 of not less than 20 years and not more than life imprisonment
			 and inserting for any term of years or for life;
					(D)by inserting
			 imprisonment for any term of years or to after if death
			 or serious bodily injury results from the use of such substance shall be
			 sentenced to; and
					(E)by striking the
			 sentence beginning Notwithstanding any other provision of law;
			 and
					(2)in paragraph
			 (2)—
					(A)by striking
			 not less than 5 years and;
					(B)by striking
			 of not less than twenty years and not more than and inserting
			 for any term of years or for;
					(C)by striking
			 of not less than 10 years and not more than and inserting
			 for any term of years or to;
					(D)by inserting
			 imprisonment for any term of years or to after if death
			 or serious bodily injury results from the use of such substance shall be
			 sentenced to; and
					(E)by striking the
			 sentence beginning Notwithstanding any other provision of
			 law.
					(d)Section
			 418Section 418 of the Controlled Substances Act (21 U.S.C. 859)
			 is amended by striking the sentence beginning Except to the
			 extent each place it appears and by striking the sentence beginning
			 The mandatory minimum.
			(e)Section
			 419Section 419 of the Controlled Substances Act (21 U.S.C. 860)
			 is amended by striking the sentence beginning Except to the
			 extent each place it appears and by striking the sentence beginning
			 The mandatory minimum.
			(f)Section
			 420Section 420 of the Controlled Substances Act (21 U.S.C. 861)
			 is amended—
				(1)in each of
			 subsections (b) and (c), by striking the sentence beginning Except to
			 the extent;
				(2)by striking
			 subsection (e); and
				(3)in subsection (f),
			 by striking , (c), and (e) and inserting and
			 (c).


		I
		111th CONGRESS
		1st Session
		H. R. 2541
		IN THE HOUSE OF REPRESENTATIVES

			May 21, 2009
			Mr. Dent (for
			 himself, Mr. Bilbray, and
			 Mr. Gerlach) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary

		A BILL
		To provide funding for multi-jurisdictional anti-gang
		  task forces.

		1.Short titleThis Act may be cited as the
			 Anti-Gang Task Force Act of
			 2009.
		2.Assistance for
			 multi-jurisdictional anti-gang task forces
			(a)In
			 generalThe Attorney General, in consultation with appropriate
			 State and local officials, shall—
				(1)establish
			 anti-gang task forces, consisting of Federal, State, and local law enforcement
			 authorities, for the coordinated investigation, disruption, apprehension, and
			 prosecution of criminal gangs and offenders;
				(2)direct the
			 reassignment or detailing from any Federal department or agency (subject to the
			 approval of the head of that department or agency, in the case of a department
			 or agency other than the Department of Justice) of personnel to each task
			 force;
				(3)provide all
			 necessary funding for the operation of the task force; and
				(4)provide all
			 necessary funding for national and regional meetings of task forces, and all
			 other related organizations, as needed, to ensure effective operation of such
			 teams through the sharing of intelligence, best practices and for any other
			 related purpose.
				(b)MembershipThe
			 task forces shall consist of agents and officers, where feasible, from—
				(1)the Federal Bureau
			 of Investigation;
				(2)the Drug
			 Enforcement Administration;
				(3)the Bureau of
			 Alcohol, Tobacco, Firearms, and Explosives;
				(4)the United States
			 Marshals Service;
				(5)the Directorate of
			 Border and Transportation Security of the Department of Homeland
			 Security;
				(6)the Department of
			 Housing and Urban Development;
				(7)State and local
			 law enforcement; and
				(8)Federal, State,
			 and local prosecutors.
				(c)Authorization of
			 AppropriationsThere are authorized to be appropriated
			 $20,000,000 for each of the fiscal years 2009 through 2012 to carry out this
			 section.


117 HRES 491 IH: Expressing support for the designation of July 9th as “Collector Car Appreciation Day” and recognizing that the collection and restoration of historic and classic cars is an important part of preserving the technological achievements and cultural heritage of the United States.
U.S. House of Representatives
2021-06-23
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. 491IN THE HOUSE OF REPRESENTATIVESJune 23, 2021Mr. Posey (for himself and Mr. Bishop of Georgia) submitted the following resolution; which was referred to the Committee on Oversight and ReformRESOLUTIONExpressing support for the designation of July 9th as Collector Car Appreciation Day and recognizing that the collection and restoration of historic and classic cars is an important part of preserving the technological achievements and cultural heritage of the United States.Whereas many people in the United States maintain classic automobiles as a pastime and do so with great passion and as a means of individual expression;Whereas Collector Car Appreciation Day events and commemorations create opportunities for collector car owners to educate young people about the importance of preserving the cultural heritage of the United States, including through the collection and restoration of collector cars;Whereas the collection, restoration, and preservation of automobiles is an activity shared across generations and across all segments of society;Whereas thousands of local car clubs and related businesses have been instrumental in preserving a historic part of the heritage of the United States by encouraging the restoration and exhibition of such vintage works of art;Whereas automotive restoration provides well-paying, high-skilled jobs for people in all 50 States; andWhereas automobiles have provided the inspiration for music, photography, cinema, fashion, and other artistic pursuits that have become part of the popular culture of the United States: Now, therefore, be itThat the House of Representatives—(1)supports the designation of Collector Car Appreciation Day;(2)recognizes the effect that the more than 100-year history of the automobile has had on the economic progress of the United States and supports wholeheartedly all activities involved in the restoration and exhibition of classic automobiles;(3)recognizes that the collection and restoration of historic and classic cars is an important part of preserving the technological achievements and cultural heritage of the United States; and(4)encourages the people of the United States to engage in events and commemorations of Collector Car Appreciation Day.


115 S1886 RS: Temporary and Term Appointments Act of 2017
U.S. Senate
2017-09-28
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.

IICalendar No. 271115th CONGRESS1st SessionS. 1886[Report No. 115–189]IN THE SENATE OF THE UNITED STATESSeptember 28, 2017Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsDecember 1, 2017Reported by Mr. Johnson, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo amend subchapter I of chapter 31 of title 5, United States Code, to authorize agencies to make
			 noncompetitive temporary and term appointments in the competitive service.

 1.Short titleThis Act may be cited as the Temporary and Term Appointments Act of 2017.
		2.Noncompetitive temporary and term appointments in the competitive service
 (a)Temporary and term appointmentsSubchapter I of chapter 31 of title 5, United States Code, is amended by adding at the end the following:

					3115.Temporary and term appointments
 (a)DefinitionsIn this section: (1)DirectorThe term Director means the Director of the Office of Personnel Management.
 (2)Temporary appointmentThe term temporary appointment means an appointment in the competitive service for a period of not more than 1 year. (3)Term appointmentThe term term appointment means an appointment in the competitive service for a period of more than 1 year and not more than 5 years.
							(b)Appointment
 (1)In generalThe head of an agency may make a temporary appointment or term appointment to a position in the competitive service when the need for the services of the employee is not permanent.
 (2)ExtensionUnder conditions prescribed by the Director, the head of an agency may—
 (A)extend a temporary appointment made under paragraph (1) to be for a period of not more than 2 years; and
 (B)extend a term appointment made under paragraph (1) to be for a period of not more than 5 years. (c)Appointments for critical hiring needsUnder conditions prescribed by the Director, the head of an agency may make a noncompetitive temporary appointment, or a noncompetitive term appointment for a period of not more than 18 months, to a position in the competitive service for which a critical hiring need exists, without regard to the requirements of sections 3327 and 3330. An appointment made under this subsection may not be extended.
 (d)RegulationsThe Director may prescribe regulations to carry out this section, but is not required to promulgate regulations prior to implementation of this section.
 (e)Special provision regarding the department of defenseNothing in this section shall preclude the Secretary of Defense from making temporary and term appointments in the competitive service pursuant to section 1105 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580; Public Law 114–328; 130 Stat. 2447), and any regulations prescribed by the Director for the administration of this section shall not apply to the Secretary of Defense in the exercise of the authorities granted under such section 1105..
 (b)Clerical amendmentThe table of sections for chapter 31 of title 5, United States Code, is amended by inserting after the item relating to section 3114 the following:
				3115. Temporary and term appointments..

 1.Short titleThis Act may be cited as the Temporary and Term Appointments Act of 2017.
		2.Noncompetitive temporary and term appointments in the competitive service
 (a)Temporary and term appointmentsSubchapter I of chapter 31 of title 5, United States Code, is amended by adding at the end the following:

					3115.Temporary and term appointments
 (a)DefinitionsIn this section: (1)DirectorThe term Director means the Director of the Office of Personnel Management.
 (2)Temporary appointmentThe term temporary appointment means an appointment in the competitive service for a period of not more than 1 year. (3)Term appointmentThe term term appointment means an appointment in the competitive service for a period of more than 1 year and not more than 5 years.
							(b)Appointment
 (1)In generalThe head of an agency may make a temporary appointment or term appointment to a position in the competitive service when the need for the services of the employee services is not permanent.
 (2)ExtensionUnder conditions prescribed by the Director, the head of an agency may—
 (A)extend a temporary appointment made under paragraph (1) in increments of not more than 1 year, up to a maximum of 3 total years of service; and
 (B)extend a term appointment made under paragraph (1) in increments determined appropriate by the head of the agency, up to a maximum of 6 total years of service.
 (c)Appointments for critical hiring needsUnder conditions prescribed by the Director, the head of an agency may make a noncompetitive temporary appointment, or a noncompetitive term appointment for a period of not more than 18 months, to a position in the competitive service for which a critical hiring need exists, without regard to the requirements of sections 3327 and 3330. An appointment made under this subsection may not be extended.
 (d)RegulationsThe Director may prescribe regulations to carry out this section, but is not required to promulgate regulations prior to implementation of this section.
 (e)Special provision regarding the department of defenseNothing in this section shall preclude the Secretary of Defense from making temporary and term appointments in the competitive service pursuant to section 1105 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580; Public Law 114–328; 130 Stat. 2447), and any regulations prescribed by the Director for the administration of this section shall not apply to the Secretary of Defense in the exercise of the authorities granted under such section 1105..
 (b)Clerical amendmentThe table of sections for chapter 31 of title 5, United States Code, is amended by inserting after the item relating to section 3114 the following:
				3115. Temporary and term appointments..December 1, 2017Reported with an amendment


IV
108th CONGRESS
2d Session
H. RES. 783
IN THE HOUSE OF REPRESENTATIVES

September 21, 2004
Mr. Houghton submitted the following resolution; which was referred to the Committee on Energy and Commerce

RESOLUTION
Recognizing Jerry J. Jasinowski on the occasion of his retirement from the presidency of the National Association of Manufacturers.

Whereas Jerry J. Jasinowski is retiring from the National Association of Manufacturers after nearly 15 years as president;
Whereas Mr. Jasinowski began his career as a factory worker, making farm equipment, air conditioners, and automobiles;
Whereas Mr. Jasinowski served from 1962 to 1972 in the Air Force, from 1972 to 1976 as senior research economist for the Joint Economic Committee of the Congress, and from 1977 to 1980 as Assistant Secretary for Policy in the Department of Commerce;
Whereas Mr. Jasinowski became president of the National Association of Manufacturers on January 2, 1990, and led that organization during one of the Nation’s most turbulent decades for manufacturers;
Whereas Mr. Jasinowski is a leader in the high-tech revolution that is transforming all facets of American manufacturing;
Whereas Mr. Jasinowski is widely known as an advocate of increasing the commitment of the business community and the Nation to worker empowerment, education, and training; and
Whereas Mr. Jasinowski is a noted commentator on the dynamic trends in American industry, about which he has written extensively: Now, therefore, be it

That on the occasion of his retirement from the presidency of the National Association of Manufacturers, the House of Representatives recognizes Jerry J. Jasinowski for—
(1)his work on behalf of American manufacturing; and
(2)his outstanding leadership in improving the quality of American manufacturing.


116 HR 1227 IH: Cardiac Arrest Survival Act of 2019
U.S. House of Representatives
2019-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1227IN THE HOUSE OF REPRESENTATIVESFebruary 14, 2019Mr. Olson (for himself, Mr. Connolly, Ms. Cheney, Mr. Bilirakis, and Mr. Dunn) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Public Health Service Act to clarify liability protections regarding emergency use of
			 automated external defibrillators.

 1.Short titleThis Act may be cited as the Cardiac Arrest Survival Act of 2019. 2.FindingsCongress finds the following:
 (1)Establishing a nationally uniform baseline of protection from civil liability for persons who use automated external defibrillators (in this section referred to as AEDs) in perceived medical emergencies, who own or hold other property interests in AEDs used in perceived medical emergencies, or who own, occupy, or manage premises in which an AED is used or from which an AED is taken for use in a perceived medical emergency will encourage the deployment of additional AEDs, which will ultimately save lives that would otherwise have been lost to cardiac arrest.
 (2)The current patchwork of State Good Samaritan laws provides incomplete, inconsistent, and, in some instances, inadequate protection for entities considering the acquisition or deployment of AEDs. In these circumstances, concerns about potential liability resulting from the good-faith acquisition and deployment of this life-saving technology are inhibiting its deployment.
 (3)Such concerns are especially acute for entities with operations or facilities in multiple States, yet such entities are also among those in which the widespread deployment of AEDs would be most beneficial.
 (4)A nationally uniform baseline of protection from civil liability is needed for persons who use AEDs in perceived medical emergencies, who own or hold other property interests in AEDs used in perceived medical emergencies, or who own, occupy, or manage premises in which an AED is used or from which an AED is taken for use in a perceived medical emergency.
 3.Liability regarding emergency use of automated external defibrillatorsSection 248 of the Public Health Service Act (42 U.S.C. 238q) is amended to read as follows:  248.Liability regarding emergency use of automated external defibrillators (a)Good samaritan protectionsExcept as provided in subsection (e), in the case of a person who—
 (1)uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency; and
 (2)is not the owner-acquirer (as defined in subsection (c)(2)) of the device, such person is immune from civil liability for any harm resulting from the use or attempted use of such device by such person.(b)Premises owner/Lessee/Manager protectionsExcept as provided in subsection (e), in the case of a person who—
 (1)owns, occupies under a lease or similar arrangement, or manages— (A)the premises at which an automated external defibrillator device is used or attempted to be used on a victim of a perceived medical emergency; or
 (B)the premises from which an automated external defibrillator device used or attempted to be used on a victim of a perceived medical emergency is taken for such use; and
 (2)is not the owner-acquirer of such device, such person is immune from civil liability for any harm resulting from such use or attempted use of such device.(c)Device owner-Acquirer protections (1)In generalExcept as provided in subsection (e), an owner-acquirer of an AED is immune from civil liability for any harm resulting from the use or attempted use of such device, unless the harm was proximately caused by the failure of the owner-acquirer to properly maintain the device according to the guidelines of the device manufacturer.
 (2)Owner-acquirer definedFor purposes of this section, the term owner-acquirer means any person who owns or has otherwise acquired a possessory property interest in an AED that is used or attempted to be used on a victim of a perceived medical emergency.
 (d)Applicability of immunity in certain circumstancesThe immunity provided by subsections (a), (b), and (c) of this section shall apply regardless of whether—
 (1)the AED that is used or attempted to be used is marked with or accompanied by cautionary signage; (2)the AED that is used or attempted to be used is registered with any government;
 (3)the person who used or attempted to use the AED saw, read, understood, complied with, or attempted to comply with any cautionary signage present;
 (4)the person who used or attempted to use the AED had received any training relating to the use of (a) AEDs in general or (b) the particular AED used or attempted to be used; or
 (5)the person who used or attempted to use the AED was assisted or supervised by any other person, including but not limited to a licensed physician.
 (e)Inapplicability of immunity in certain circumstancesNotwithstanding anything to the contrary in subsection (d) of this section, immunity under subsection (a), (b), or (c)(1) does not apply to a person if—
 (1)such person’s willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the victim proximately caused the harm involved;
 (2)such person is a licensed or certified health professional who used the automated external defibrillator device while acting within the scope of the license or certification of the professional and within the scope of the employment or agency of the professional;
 (3)such person is a hospital, clinic, or other entity whose purpose is providing health care directly to patients, and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent; or
 (4)such person is an owner-acquirer of the device who leased the device to a health care entity (or who otherwise provided the device to such entity for compensation without selling the device to the entity), and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent.
						(f)Rules of construction
 (1)In generalThe following apply with respect to this section: (A)This section does not establish any cause of action, or require that an automated external defibrillator device be placed at any building or other location. This section does not preempt any State law requiring that an automated external defibrillator be placed at any building or other location.
 (B)With respect to the class of persons for which this section provides immunity from civil liability, this section preempts the law of any State to the extent that the otherwise-applicable State law would allow for civil liability in any circumstance where this section would provide immunity from civil liability. This section does not preempt any State law providing immunity from civil liability in any circumstance for which this section would not provide such immunity.
 (C)This section does not waive any protection from liability for Federal officers or employees under— (i)section 233 of this title; or
 (ii)sections 1346(b), 2672, and 2679 of title 28, United States Code, or under alternative benefits provided by the United States where the availability of such benefits precludes a remedy under section 1346(b) of such title 28.
								(2)Civil actions under Federal law
 (A)In generalThe applicability of subsections (a), (b), (c), (d), and (e) includes applicability to any action for civil liability described in subsection (a), (b), or (c) that arises under Federal law.
 (B)Federal areas adopting State lawIf a geographic area is under Federal jurisdiction and is located within a State but out of the jurisdiction of the State, and if, pursuant to Federal law, the law of the State applies in such area regarding matters for which there is no applicable Federal law, then an action for civil liability described in subsection (a), (b), or (c) that in such area arises under the law of the State is subject to subsections (a) through (f) in lieu of any related State law that would apply in such area in the absence of this subparagraph.
							(g)Federal jurisdiction
 (1)In any civil action arising under State law, the courts of the State involved have jurisdiction to apply the provisions of this section.
 (2)The actual, asserted, or potential application of any provision of this section in any civil action or as to any civil claim shall not establish the original jurisdiction of the Federal courts over such action or claim under section 1331 of title 28, United States Code.
						(h)Definitions
 (1)Perceived medical emergencyFor purposes of this section, the term perceived medical emergency means circumstances in which the behavior of an individual leads a reasonable person to believe that the individual is experiencing a life-threatening medical condition that requires an immediate medical response regarding the heart or other cardiopulmonary functioning of the individual.
 (2)Other definitionsFor purposes of this section: (A)The term automated external defibrillator device or AED means a defibrillator device that—
 (i)is commercially distributed in accordance with the Federal Food, Drug, and Cosmetic Act; (ii)is capable of recognizing the presence or absence of ventricular fibrillation, and is capable of determining without intervention by the user of the device whether defibrillation should be performed;
 (iii)upon determining that defibrillation should be performed, is able to deliver an electrical shock to an individual; and
 (iv)in the case of a defibrillator device that may be operated in either an automated or a manual mode, is set to operate in the automated mode.
 (B)The term cautionary signage means, with respect to an AED, any verbal or non-verbal markings or language purporting to limit use of the AED by members of the general public or to permit use of the AED only by persons with specific skills, qualifications, or training.
							(C)
 (i)The term harm includes physical, nonphysical, economic, and noneconomic losses. (ii)The term economic loss means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law.
 (iii)The term noneconomic losses means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature..


		I
		112th CONGRESS
		1st Session
		H. R. 1756
		IN THE HOUSE OF REPRESENTATIVES

			May 5, 2011
			Mr. Bass of New
			 Hampshire (for himself, Mr.
			 Welch, Mr. Pallone, and
			 Mr. Lance) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce

		A BILL
		To reauthorize the National Oilheat Research Alliance,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 National Oilheat Research Alliance
			 Reauthorization Act of 2011.
		2.Amendments
			(a)FindingsSection
			 702 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note;
			 Public Law 106–469) is amended by striking oilheat each place it
			 appears and inserting oilheat fuel.
			(b)DefinitionsSection
			 703 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note;
			 Public Law 106–469) is amended—
				(1)by striking
			 oilheat each place it appears (other than paragraph (10)) and
			 inserting oilheat fuel;
				(2)in paragraph (2), by inserting ,
			 including information on energy conservation strategies, safety, new
			 technologies that reduce consumption or improve safety, and State, local, or
			 Federal programs designed to assist oilheat fuel consumers after
			 hot water heating fuels;
				(3)by striking
			 paragraph (7) and inserting the following:

						(7)Oilheat
				fuelThe term oilheat fuel means fuel that—
							(A)is—
								(i)No. 1
				distillate;
								(ii)No. 2 dyed
				distillate;
								(iii)a liquid blended
				with No. 1 distillate or No. 2 dyed distillate; or
								(iv)a
				biobased liquid; and
								(B)is used as a fuel
				for nonindustrial commercial or residential space or hot water
				heating.
							;

				(4)in the heading for
			 paragraph (8), by striking Oilheat and inserting
			 Oilheat
			 fuel;
				(5)in paragraph
			 (14)—
					(A)by striking
			 No. 1 distillate or No. 2 dyed distillate each place it appears
			 and inserting oilheat fuel; and
					(B)in subparagraph
			 (B), by striking sells the distillate and inserting sells
			 the oilheat fuel; and
					(6)by redesignating
			 paragraphs (14) and (15) as paragraphs (15) and (14), respectively, and moving
			 paragraph (15) (as so redesignated) to appear after paragraph (14).
				(c)ReferendaSection
			 704 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note;
			 Public Law 106–469) is amended—
				(1)by striking
			 oilheat each place it appears and inserting oilheat
			 fuel;
				(2)by striking
			 No. 1 distillate and No. 2 dyed distillate each place it appears
			 in subsections (a) and (c) and inserting oilheat fuel;
				(3)in subsection
			 (a)—
					(A)in paragraph
			 (5)(B), by striking Except as provided in subsection (b), the
			 and inserting The; and
					(B)in paragraph (6),
			 by striking , No. 1 distillate, or No. 2 dyed distillate;
					(4)in subsection (b),
			 by striking under and inserting consistent with;
			 and
				(5)in the heading for
			 subsection (d), by striking Oilheat and inserting
			 Oilheat
			 Fuel.
				(d)MembershipSection
			 705 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note;
			 Public Law 106–469) is amended—
				(1)by striking
			 oilheat each place it appears and inserting oilheat
			 fuel;
				(2)in subsection
			 (b)(2), by striking No. 1 distillate and No. 2 dyed distillate
			 and inserting oilheat fuel; and
				(3)by striking
			 subsection (c) and inserting the following:

						(c)Number of
				members
							(1)In
				generalThe membership of the Alliance shall be as
				follows:
								(A)One member
				representing each State participating in the Alliance.
								(B)Five
				representatives of retail marketers, of whom 1 shall be selected by each of the
				qualified State associations of the 5 States with the highest volume of annual
				oilheat fuel sales.
								(C)Five additional
				representatives of retail marketers.
								(D)Twenty-one
				representatives of wholesale distributors.
								(E)Six public
				members, who shall be representatives of significant users of oilheat fuel, the
				oilheat fuel research community, State energy officials, or other groups with
				expertise in oilheat fuel.
								(2)Full-time owners
				or employees
								(A)In
				generalExcept as provided in subparagraph (B), other than the
				public members of the Alliance, Alliance members shall be full-time managerial
				owners or employees of members of the oilheat fuel industry.
								(B)EmployeesMembers
				described in subparagraphs (B), (C), and (D) of paragraph (1) may be employees
				of the qualified industry organization or an industry trade
				association.
								.
				(e)FunctionsSection
			 706 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note;
			 Public Law 106–469) is amended—
				(1)by striking
			 oilheat each place it appears and inserting oilheat
			 fuel;
				(2)in subsection
			 (a)(1)(A)(ii), by inserting , including providing the cost of installing
			 appliances in low-income households after utilization
			 equipment;
				(3)in subsection (a),
			 by adding at the end the following new paragraph:

						(4)Training and
				research and development as a priorityOf the assessments collected by the
				Association pursuant to section 707, not less than 40 percent shall be devoted
				to a category of outlays comprised of training projects and research,
				development, and demonstration projects, with a priority on research,
				development, and demonstration projects that would enhance efficiency through
				the use of biobased liquids. Training and research under this paragraph shall
				include the development and demonstration of advanced
				biofuels.
						;
				(4)in the heading for
			 subsection (c)(2), by striking oilheat and inserting
			 oilheat
			 fuel;
				(5)by redesignating
			 paragraph (4) of subsection (e) as paragraph (5);
				(6)by inserting after subsection (e)(3) the
			 following new paragraph:

						(4)Response to
				recommendationsIf the
				Secretary makes recommendations under paragraph (3), the Alliance shall, before
				implementation of the budget with respect to which the recommendations pertain,
				provide to the Secretary and the Congress a report describing the Alliance’s
				response to the
				recommendations.
						;
				(7)by amending subsection (f)(2)(C) to read as
			 follows:

						(C)Procedures to
				ensure complianceThe
				Alliance shall contract with a qualified accounting firm to develop procedures
				to ensure compliance with the Act. The Alliance shall contract on a yearly
				basis with a qualified accounting firm to evaluate whether such procedures have
				been followed. Such evaluation shall be included in the annual report required
				under subsection (h) and shall be furnished to Congress and to the Secretary of
				Energy.
						;
				and
				(8)in subsection
			 (h)—
					(A)by striking
			 and at the end of paragraph (1);
					(B)by striking the
			 period at the end of paragraph (2) and inserting ; and;
			 and
					(C)by adding at the
			 end the following new paragraph:

							(3)provides a
				detailed account of the amounts spent by each qualified State association that
				received funds pursuant to subsection (e) on training, research, development,
				and demonstration, safety, and consumer
				education.
							.
					(f)AssessmentsSection
			 707 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note;
			 Public Law 106–469) is amended—
				(1)by striking
			 oilheat each place it appears and inserting oilheat
			 fuel;
				(2)by striking
			 subsection (a) and inserting the following:

						(a)Rate
							(1)In
				generalThe assessment rate for calendar years 2012 and 2013
				shall be equal to 2/10 of 1 cent per gallon of oilheat
				fuel.
							(2)Subsequent
				assessmentsSubject to paragraphs (3) and (4), beginning with
				calendar year 2014, the annual assessment rate shall be sufficient to cover the
				costs of the plans and programs developed by the Alliance.
							(3)Limitations on
				increase
								(A)In
				generalThe annual assessment shall not exceed
				½ of 1 cent per gallon of oilheat fuel.
								(B)LimitationThe
				annual assessment may not change by more than 1/10 of 1
				cent per gallon of oilheat fuel in any 12 month-period.
								(C)ApprovalNo
				increase in the assessment may occur unless—
									(i)the increase is
				approved by 3/4 of the members voting at a regularly
				scheduled meeting of the Alliance; and
									(ii)at least 90 days
				before the date of the meeting of the Alliance, the Alliance provides notice of
				the proposed increase to the Committee on Energy and Natural Resources of the
				Senate and the Committee on Energy and Commerce of the House of
				Representatives.
									(D)NoticeThe
				Alliance shall provide notice of a change in assessment at least 90 days before
				the date on which the change is to take
				effect.
								;
				(3)in subsections
			 (b)(1) and (c), by striking No. 1 distillate and No. 2 dyed
			 distillate each place it appears and inserting oilheat
			 fuel;
				(4)in subsection
			 (b)—
					(A)by striking
			 No. 1 distillate or No. 2 dyed distillate each place it appears
			 and inserting oilheat fuel; and
					(B)in paragraphs
			 (2)(B) and (5)(B), by striking fuel each place it appears and
			 inserting oilheat fuel;
					(5)in the heading for
			 subsection (c), by striking Oilheat and inserting
			 Oilheat
			 Fuel; and
				(6)in subsection
			 (e)(2)(A)(ii)(III), by striking directly benefit and all that
			 follows through industry and inserting consumers of
			 oilheat fuel.
				(g)Market survey
			 and consumer protectionSection 708 of the National Oilheat
			 Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106–469) is
			 repealed.
			(h)Lobbying
			 ProhibitionSection 710 of
			 the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public
			 Law 106–469) is amended to read as follows:

					710.Lobbying
				prohibitionNo funds derived
				from assessments under section 707 collected by the Alliance shall be used
				directly or indirectly to influence Federal, State, or local legislation or
				elections, or the manner of execution of legislation, except that the Alliance
				may use such funds to provide information requested by a Member of Congress, or
				an official of any Federal, State, or local agency, in the course of the
				official business of such Member or
				official.
					.
			(i)ViolationsSection
			 712(a) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201
			 note; Public Law 106–469) is amended—
				(1)in paragraph (2),
			 by striking oilheat and inserting oilheat fuel;
			 and
				(2)by striking
			 paragraph (3) and inserting the following:

						(3)a direct reference
				to a competing
				product.
						.
				(j)ExtensionSection
			 713 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note;
			 Public Law 106–469) is amended by striking 9 years after the date on
			 which the Alliance is established and inserting 7 years after
			 the date of enactment of the National Oilheat
			 Research Alliance Reauthorization Act of 2011.
			3.Renewable fuel
			 content
			(a)Renewable fuel
			 researchSection
			 706(a)(3)(B)(i)(I) of the National Oilheat Research Alliance Act of 2000 (42
			 U.S.C. 6201 note; Public Law 106–469) is amended by inserting ,
			 including research to develop renewable fuels and to examine the compatibility
			 of different renewable fuels with oilheat fuel utilization equipment, with
			 priority given to research on the development and use of advanced
			 biofuels after utilization equipment.
			(b)ReportThe National Oilheat Research Alliance
			 shall prepare a report no later than one year after date of enactment of this
			 Act on the use of biofuels in oilheat fuel utilization equipment. This report
			 shall provide information on the environmental benefits, economic benefits, and
			 any technical limitations on the use of biofuels in oilheat fuel utilization
			 equipment. It shall also describe market acceptance of the fuel, and
			 information on State and local governments that are encouraging the use of
			 these fuels in oilheat fuel utilization equipment. The Alliance shall provide
			 this report to the Governor of each State, and other appropriate State leaders,
			 where the Alliance is operating. Additionally, a copy of this report will be
			 furnished to the Administrator of the Environmental Protection Agency and to
			 the Congress.
			(c)Consumer
			 education materialsThe Alliance shall develop consumer education
			 materials in conjunction with an institution or organization engaged in
			 biofuels research describing the benefits of using biofuels as or in oilheat
			 fuel based on the technical information developed pursuant to subsection (b),
			 as well as other information generally available.