116 HR 990 IH: Hatch-Waxman Integrity Act of 2019
U.S. House of Representatives
2019-02-06
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.

I116th CONGRESS1st SessionH. R. 990IN THE HOUSE OF REPRESENTATIVESFebruary 6, 2019Mr. Flores introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Financial Services, 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 amend the Federal Food, Drug, and Cosmetic Act and the Securities Exchange Act of 1934 to prevent the inter partes review process for challenging patents from diminishing competition in the pharmaceutical industry and with respect to drug innovation, and for other purposes.
1.Short titleThis Act may be cited as the Hatch-Waxman Integrity Act of 2019. 2.Preventing the inter partes review process for challenging patents from diminishing competition in the pharmaceutical industry and with respect to drug innovation (a)Brand name drugsSection 505(b)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)) is amended—
(1)in subparagraph (A)(iv), by striking and at the end; (2)in subparagraph (B), by striking the period at the end and inserting ; and; and
(3)by adding at the end the following:  (C)in each certification required under subparagraph (A) with respect to a patent, a certification that—
(i)neither the applicant nor any party in privity with, related to, or cooperating with the applicant has filed, or will file, a petition to institute inter partes review or post-grant review of that patent under chapter 31 or 32, respectively, of title 35, United States Code; and (ii)in making the certification required under subparagraph (A), the applicant is not relying in whole or in part on any decision issued by the Patent Trial and Appeal Board in an inter partes review or post-grant review under chapter 31 or 32, respectively, of title 35, United States Code..
(b)Generic drugsSection 505(j)(2)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) is amended— (1)in clause (vii)(IV), by striking and at the end;
(2)in clause (viii), by striking the period at the end and inserting ; and; (3)by inserting after clause (viii), as amended by paragraph (2), the following:

(ix)in each certification required under clause (vii) with respect to a patent, a certification that— (I)neither the applicant nor any party in privity with, related to, or cooperating with the applicant has filed, or will file, a petition to institute inter partes review or post-grant review of that patent under chapter 31 or 32, respectively, of title 35, United States Code; and
(II)in making the certification required under clause (vii), the applicant is not relying in whole or in part on any decision issued by the Patent Trial and Appeal Board in an inter partes review or post-grant review under chapter 31 or 32, respectively, of title 35, United States Code.; and (4)in the flush text following clause (ix), as added by paragraph (3), by striking (viii) and inserting (ix).
(c)Biosimilar drugs; evaluation by the SecretarySection 351(k) of the Public Health Service Act (42 U.S.C. 262(k)) is amended— (1)in paragraph (2)(A)(iii)—
(A)by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and adjusting the margins accordingly; (B)in the matter preceding item (aa), as so redesignated, by striking An application and inserting the following:

(I)In generalAn application; (C)in subclause (I), as so designated—
(i)in item (aa), as so redesignated, by striking and at the end; (ii)in item (bb), as so redesignated, by striking the period at the end and inserting ; and; and
(iii)by adding at the end the following:  (cc)shall, with respect to a patent described in subclause (II), include a certification that neither the applicant nor any party in privity with, related to, or cooperating with the applicant has filed, or will file, a petition to institute inter partes review or post-grant review of the patent under chapter 31 or 32, respectively, of title 35, United States Code.; and
(D)by adding at the end the following:  (II)Patent describedA patent is described in this subclause if—
(aa)the patent covers the reference product or a method for using the reference product; and (bb) (AA)the reference product described in item (aa) is marked under section 287(a) of title 35, United States Code; or
(BB)there is otherwise public notice regarding the applicability of the reference product described in item (aa).; and (2)in paragraph (3)—
(A)in subparagraph (A)(ii), by striking and at the end; (B)in subparagraph (B), by striking the period at the end and inserting ; and; and
(C)by adding at the end the following:  (C)the Secretary determines that the application fully complies with the requirements under paragraph (2)(A)(iii)..
3.Preventing the manipulative and deceptive use of inter partes reviewSection 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78j(b)) is amended— (1)by inserting (1) after (b); and
(2)by adding at the end the following:  (2)For purposes of paragraph (1), a person shall be considered to be using a manipulative or deceptive device if—
(A)the person, or an affiliate of the person, files a petition to institute an inter partes review under chapter 31 of title 35, United States Code, with respect to a patent; and (B)the person, or an affiliate of the person, during the 180-day period beginning on the date that is 90 days before the date on which the person files the petition described in subparagraph (A), engages in a short sale of any publicly traded security of the owner of the patent that is the subject of the petition..


115 SRES 9 ATS: Honoring in praise and remembrance the extraordinary life, steady leadership, and remarkable, 70-year reign of King Bhumibol Adulyadej of Thailand.
U.S. Senate
2017-01-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

III115th CONGRESS1st SessionS. RES. 9IN THE SENATE OF THE UNITED STATESJanuary 10, 2017Mr. Hatch (for himself, Mr. Roberts, Mr. Whitehouse, Mr. Cotton, Ms. Duckworth, Mr. Flake, Mr. Gardner, Mr. McCain, and Mr. Reed) submitted the following resolution; which was referred to the Committee on Foreign RelationsMarch 15, 2017Committee discharged; considered and agreed toRESOLUTIONHonoring in praise and remembrance the extraordinary life, steady leadership, and remarkable,
			 70-year reign of King Bhumibol Adulyadej of Thailand.

 Whereas His Majesty King Bhumibol Adulyadej enjoyed a special relationship with the United States, having been born in Cambridge, Massachusetts, in 1927 while his father was completing his medical studies at Harvard University;
 Whereas King Bhumibol Adulyadej ascended to the throne on June 9, 1946, and celebrated his 70th year as King of Thailand in 2016;
 Whereas, at the time of his death, King Bhumibol Adulyadej was the longest-serving head of state in the world and the longest-reigning monarch in the history of Thailand;
 Whereas His Majesty dedicated his life to the well-being of the Thai people and the sustainable development of Thailand;
 Whereas His Majesty led by example and virtue with the interest of the people at heart, earning His Majesty the deep reverence of the Thai people and the respect of people around the world;
 Whereas His Majesty reached out to the poorest and most vulnerable people of Thailand, regardless of their status, ethnicity, or religion, listened to their problems, and empowered them to take their lives into their own hands;
 Whereas, in 2006, His Majesty received the first United Nations Human Development Award, recognizing him as the Development King for the extraordinary contribution of His Majesty to human development;
 Whereas His Majesty was recognized internationally in the areas of intellectual property, innovation, and creativity, and in 2009, the World Intellectual Property Organization presented His Majesty with the Global Leadership Award;
 Whereas His Majesty was an anchor of peace and stability for Thailand during the turbulent decades of the Cold War;
 Whereas His Majesty was always a trusted friend of the United States in advancing a strong and enduring alliance and partnership between the United States and Thailand;
 Whereas His Majesty addressed a joint session of Congress on June 29, 1960, during which His Majesty reaffirmed the strong friendship and goodwill between the United States and Thailand;
 Whereas the United States and Thailand remain strong security allies, as memorialized in the Southeast Asia Collective Defense Treaty (commonly known as the Manila Pact of 1954) and later expanded under the Thanat-Rusk Communique of 1962;
 Whereas, for decades, Thailand has hosted the annual Cobra Gold military exercises, the largest multilateral exercises in Asia, to improve regional defense cooperation;
 Whereas Thailand has allowed the Armed Forces of the United States to use the Utapao Air Base to coordinate international humanitarian relief efforts;
 Whereas President George W. Bush designated Thailand as a major non-NATO ally on December 30, 2003; Whereas close cooperation and mutual sacrifices in the face of common threats have bound the United States and Thailand together and established a firm foundation for the advancement of a mutually beneficial relationship; and
 Whereas, on October 13, 2016, at the age of 88, His Majesty King Bhumibol Adulyadej passed away, leaving behind a lasting legacy for Thailand: Now, therefore, be it

 That the Senate— (1)honors the extraordinary life, steady leadership, and remarkable, 70-year reign of His Majesty King Bhumibol Adulyadej of Thailand;
 (2)extends our deepest sympathies to the members of the Royal Family and to the people of Thailand in their bereavement;
 (3)celebrates the alliance and friendship between Thailand and the United States that reflects common interests, a 183-year diplomatic history, and a multifaceted partnership that has contributed to peace, stability, and prosperity in the Asia-Pacific region;
 (4)congratulates His Majesty King Maha Vajiralongkorn on his accession to the throne; and (5)building on the strong foundation of alliance nurtured during the reign of the father of His Majesty King Maha Vajiralongkorn, looks forward to deepening the bonds of friendship between Thailand and the United States.


113 S2481 IS: Women’s Small Business Procurement Parity Act
U.S. Senate
2014-06-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		2d Session
		S. 2481
		IN THE SENATE OF THE UNITED STATES

			June 17, 2014
			Mrs. Shaheen (for herself, Ms. Cantwell, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship

		A BILL
		To amend the Small Business Act to provide authority for sole source contracts for certain small
			 business concerns owned and controlled by women, and for other purposes.

	1.Short titleThis Act may be cited as the Women’s Small Business Procurement Parity Act.2.Sole source contracts for certain small business concerns owned and controlled by women
				(a)
				In general
				Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended—(1)in paragraph (2)(C), by striking paragraph (3) and inserting paragraph (4);(2)in paragraph (5), by striking (2)(F) each place it appears and inserting (2)(E); and(3)by adding at
			 the end the following:

							(7)
							Authority for sole source contracts for economically disadvantaged small business concerns owned
			 and controlled by women in underrepresented industries
							A contracting officer may award a sole source contract under this subsection to a small business
			 concern owned and controlled by women that meets the requirements under
			 paragraph (2)(A) if—

								(A)
								the small business concern owned and controlled by women is in an industry in which small business
			 concerns
			 owned and controlled by women are underrepresented, as
			 determined by the Administrator;(B)the contracting officer determines that the small business concern owned and controlled by women is
			 a responsible contractor with respect to performance of the
			 contract opportunity;

								(C)
								the anticipated award price of the contract, including options, is not more than—

									(i)
									$6,500,000, in the case of a contract opportunity assigned a North American Industry Classification
			 System code for
			 manufacturing; or

									(ii)
									$4,000,000, in the case of any other contract opportunity; and

								(D)
								in the estimation of the contracting officer, the contract award can be made at a fair and
			 reasonable price.

							(8)
							Authority for sole source contracts for small business concerns owned and controlled by women in
			 substantially underrepresented industries
							A contracting officer may award a sole source contract under this subsection to a small business
			 concern owned and controlled by women that meets the requirements under
			 paragraph (2)(E) if—

								(A)
								the small business concern owned and controlled by women is in an industry in which small business
			 concerns
			 owned and controlled by women are substantially underrepresented, as
			 determined by the Administrator;

								(B)
								the contracting officer determines that the small business concern owned and controlled by women is
			 a responsible contractor with respect to performance of the
			 contract opportunity;

								(C)
								the anticipated award price of the contract, including options, is not more than—

									(i)
									$6,500,000, in the case of a contract opportunity assigned a North American Industry Classification
			 System code for
			 manufacturing; or

									(ii)
									$4,000,000, in the case of any other contract opportunity; and

								(D)
								in the estimation of the contracting officer, the contract award can be made at a fair and
			 reasonable price.
							.

				(b)
				Reporting on goals for sole source contracts for small business concerns owned and controlled by
			 women
				Section 15(h)(2)(E)(viii) of the Small Business Act (15 U.S.C. 644(h)(2)(E)(viii)) is amended—

					(1)
					in subclause (IV), by striking and at the end;

					(2)
					by redesignating subclause (V) as subclause (VIII); and

					(3)
					by inserting after subclause (IV) the following:

							(V)
							through sole source contracts awarded under section 8(m)(7);

							(VI)
							through sole source contracts awarded under section 8(m)(8);

							(VII)
							by industry for contracts described in subclause (III), (IV), (V), or (VI); and
						.

				(c)
				Deadline for report on underrepresented industries accelerated
				Section 29(o)(2) of the Small Business Act (15 U.S.C. 656(o)(2)) is amended—

					(1)
					by striking 5 years after the date of enactment of this subsection and inserting January 2, 2015; and

					(2)
					by striking 5-year period and inserting 2-year or 5-year period, as applicable,.


I
111th CONGRESS 1st Session
H. R. 2526
IN THE HOUSE OF REPRESENTATIVES

May 20, 2009
Mr. Larson of Connecticut (for himself, Mr. Camp, Mr. Kind, and Mr. Boustany) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to increase participation in medical flexible spending arrangements.

1.Short titleThis Act may be cited as the Medical FSA Improvement Act of 2009.
2.Addition of taxable distributions
(a)Treatment of amounts expended for medical careSection 105 of the Internal Revenue Code of 1986 (relating to amounts received under accident and health plans) is amended by inserting at the end the following new subsection:

(k)Amounts paid under medical flexible spending arrangements
(1)Application of subsection (b)For purposes of subsection (b) and section 106, a plan shall not fail to be treated as flexible spending arrangement solely because such plan, in addition to reimbursing expenses incurred for medical care (as defined in subsection (b)) during the plan year, distributes for the plan year the lesser of—
(A)all or a portion of the employee’s balance, or
(B)$1,500.
(2)LimitationParagraph (1) shall apply only in the case that the balance under such arrangement for a plan year is distributed after the close of the plan year to which the balance relates and not later than the end of the 7th month following the close of such plan year.
(3)Tax treatment of distributionAny distribution to which paragraph (1) applies shall be treated as remuneration of the employee for emploment for the taxable year in which it is distributed.
(4)Flexible spending arrangementThe term flexible spending arrangement means a benefit program within the meaning of section 106(c)(2) (relating to long-term care benefits).
(5)TerminationParagraph (1) shall not apply to any distribution for a plan year beginning after December 31, 2011. .
(b)Additional deferred compensation exceptionParagraph (2) of section 125(d) of such Code (relating to deferred compensation under a cafeteria plan) is amended by inserting at the end the following new subparagraph:

(E)Exception for certain flexible spending arrangementsSubparagraph (A) shall not apply to a flexible spending arrangement (within the meaning of section 106(c)(2)) as a result of amounts being distributed to the covered employee in accordance with section 105(k). .
(c)Conforming amendmentSection 409A(d)(1) of such Code is amended by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , and, and by adding at the end the following:

(C)a flexible spending arrangement which is subject to section 105(k). .
(d)Effective dateThe amendments made by this section shall apply to plan years beginning after December 31, 2008.
(e)Transition rulesIn the case of plan years that begin before the date of the enactment of this Act, in implementing the amendments made by this section a flexible spending arrangement may allow an individual to make a new election or to revise an existing election under such arrangement so long as such new or revised election is made within 90 days after the date of the enactment of this Act.
3.Self-employed individuals
(a)In generalSubsection (d) of section 125 of the Internal Revenue Code of 1986 (defining cafeteria plan) is amended by adding at the end the following new paragraph:

(3)Employee To include self-employedIn the case of a medical flexible spending arrangement—
(A)In generalThe term employee includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals).
(B)LimitationThe amount which may be excluded under subsection (a) with respect to a participant in a cafeteria plan by reason of being an employee under subparagraph (A) shall not exceed the lesser of—
(i)the employee’s earned income (within the meaning of section 401(c)) derived from the trade or business with respect to which the cafeteria plan is established, or
(ii)$5,000. .
(b)Application to benefits which may be provided under cafeteria plan
(1)Accident and health plansSubsection (g) of section 105 of such Code is amended to read as follows:

(g)Employee includes self-employedFor purposes of this section, the term employee includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). .
(2)Contributions by employers to accident and health plans
(A)In generalSection 106 of such Code is amended by adding after subsection (e) the following new subsection:

(f)Employer To include self-employed
(1)In generalFor purposes of this section, in the case of a medical flexible spending account the term employee includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals).
(2)LimitationThe amount which may be excluded under subsection (a) with respect to an individual treated as an employee by reason of paragraph (1) shall not exceed the lesser of—
(A)the employee’s earned income (within the meaning of section 401(c)) derived from the trade or business with respect to which the accident or health insurance was established, or
(B)$5,000.
(3)Tax treatment of distributionAny distribution to which 105(k) applies shall be treated as self-employment income (as defined in section 1402(b)) of the employee for the taxable year in which it is distributed.
(4)ElectionParagraph (1) shall not apply for any taxable year if the employee elects to have paragraph (1) not apply for such taxable year. .
(B)Coordination with section 106(f)Paragraph (2) of section 162(l) of such Code is amended by adding at the end the following new subparagraph:

(D)Coordination with section 106(f)No deduction shall be allowed under paragraph (1) for any amount with respect to which an election is in effect under section 106(f)(4). .
(c)Effective dateThe amendments made by this section shall apply to plan years beginning after December 31, 2008.
(d)Transition rulesIn the case of plan years that begin before the date of the enactment of this Act, in implementing the amendments made by this section a flexible spending arrangement may allow an individual to make an election under such arrangement so long as such election is made within 90 days after the date of the enactment of this Act.


 HR 4193 ENR: Smart Savings Act
U.S. House of Representatives

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
One Hundred Thirteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen
H. R. 4193

AN ACT
To amend title 5, United States Code, to change the default investment fund under the Thrift Savings Plan, and for other purposes.

1.Short titleThis Act may be cited as the Smart Savings Act.
2.Thrift Savings Plan default investment fund
(a)In generalSection 8438(c)(2) of title 5, United States Code, is amended to read as follows:

(2)
(A)Consistent with the requirements of subparagraph (B), if an election has not been made with respect to any sums available for investment in the Thrift Savings Fund, the Executive Director shall invest such sums in an age-appropriate target date asset allocation investment fund, as determined by the Executive Director. Such investment fund shall consist of any of the funds described in subsection (b).
(B)If an election has not been made by an eligible member under section 8440e with respect to any sums available for investment in such member’s Thrift Savings Fund account, the Executive Director shall invest such sums in the Government Securities Investment Fund..
(b)Acknowledgment of riskSection 8439(d) of title 5, United States Code, is amended—
(1)by inserting (1) before Each employee; and
(2)by adding at the end the following new paragraph:

(2)Prior to enrollment in the Thrift Savings Fund, or as soon as practicable thereafter, an individual who is automatically enrolled pursuant to section 8432(b)(2) shall receive the risk acknowledgment information described under paragraph (1)..
(c)Technical and conforming amendmentSection 8472(g)(2) of title 5, United States Code, is amended by striking required by section 8438 of this title to be invested in securities of the Government and inserting under section 8438(c)(2)(B).
(d)GuidanceNot later than 9 months after the date of enactment of this Act, the Executive Director (as that term is defined under section 8401(13) of title 5, United States Code) shall develop and issue guidance implementing the requirements of this Act.
(e)Effective date and applicationThe amendments made by subsections (a) and (b) shall—
(1)take effect on the date that the Executive Director issues guidance under subsection (d); and
(2)apply to individuals enrolled in the Thrift Savings Plan on or after such date.
3.Clarification of fiduciary protections Section 8477(e)(1)(C)(ii) of title 5, United States Code, is amended—
(1)in subclause (II)—
(A)by inserting or beneficiary after participant; and
(B)by inserting or option after fund; and
(2)in subclause (III)—
(A)by inserting or beneficiary after participant; and
(B)by inserting or beneficiaries’  after participants’.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


114 S2236 IS: Hearing Protection Act of 2015
U.S. Senate
2015-11-04
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.

II114th CONGRESS1st SessionS. 2236IN THE SENATE OF THE UNITED STATESNovember 4, 2015Mr. Crapo introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo provide that silencers be treated the same as long guns.

 1.Short titleThis Act may be cited as the Hearing Protection Act of 2015. 2.Equal treatment of silencers and firearms (a)In generalSection 5845(a) of the Internal Revenue Code of 1986 is amended by striking (7) any silencer and all that follows through ; and (8) and inserting and (7).
			(b)Effective date
 (1)In generalThe amendment made by this section shall take effect on the date of the enactment of this Act. (2)TransfersIn the case of the tax imposed by section 5811 of the Internal Revenue Code of 1986, the amendment made by this section shall apply with respect to transfers after October 22, 2015.
 3.Treatment of certain silencersSection 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following:  (f)Firearm silencersA person acquiring or possessing a firearm silencer in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any registration and licensing requirements of the National Firearms Act (as in effect on the day before the date of the enactment of this subsection) with respect to such silencer..
 4.Preemption of certain State laws in relation to firearm silencersSection 927 of title 18, United States Code, is amended by adding at the end the following: Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that, as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, imposes a tax on any such conduct, or a marking, recordkeeping, or registration requirement with respect to the firearm silencer, shall have no force or effect..


109 HR 1540 IH: Drinking Water Standards Preservation Act of 2005
U.S. House of Representatives
2005-04-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 1540
IN THE HOUSE OF REPRESENTATIVES

April 8, 2005
Mr. Gary G. Miller of California (for himself and Mr. Calvert) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend the Safe Drinking Water Act to provide procedures for claims relating to drinking water.

1.Short titleThis Act may be cited as the Drinking Water Standards Preservation Act of 2005.
2.FindingsThe Congress finds the following:
(1)The safety of drinking water, and the adequacy of water supplies, is a national concern. In the 29 years since Congress first mandated the establishment of uniform national minimum drinking water standards, national standards have been established for more than 100 contaminants and parameters.
(2)The States have been authorized to enforce those standards, and, in appropriate cases, set stricter standards on a statewide basis.
(3)It is technologically infeasible for a drinking water system to provide water with a zero level of contaminants, and a determination that drinking water must contain no contaminants would threaten the adequacy of water supplies.
(4)The setting of drinking water standards is a complex public policy determination requiring a careful analysis and balancing of a number of factors, including—
(A)the maximum safe level for each drinking water contaminant;
(B)the technological capability of removing contaminants from public drinking water supplies; and
(C)the importance of assuring that drinking water is affordable to all Americans.
(5)The setting of these standards is not appropriate for individual juries deciding individual cases in the separate States, but rather is fundamentally a scientific issue to be resolved by the appropriate Federal and State agencies in accordance with the rulemaking provisions of the Safe Drinking Water Act and the applicable State authorities.
(6)Claims for monetary damages brought against public water providers under the common law of the various States based on alleged contamination of drinking water threaten to undermine the science-based uniform national system of water quality regulation.
(7)The States should retain maximum flexibility to handle claims for monetary damages brought against public water providers based on alleged contamination of drinking water, including the authority to decide whether such claims should be heard by the courts or an administrative agency.
(8)The costs of defending against multiple legal claims can be financially burdensome to any water provider, but especially to small systems, and the imposition of such costs cannot be justified when a supplier complies with the requirements of the Safe Drinking Water Act.
3.Amendments to the Safe Drinking Water ActSection 1449 of the Safe Drinking Water Act (42 U.S.C. 300j–8) is amended as follows:
(1)In subsection (e)—
(A)in the first sentence, by striking Nothing and inserting Except as provided in subsection (f), nothing;
(B)at the end of the first sentence, by striking or to seek any other relief;
(C)in the second sentence, by striking Nothing and inserting Except as provided in subsection (f), nothing; and
(D)by inserting after the first sentence the following: Nothing in subsection (f) creates a new cause of action, and, except as otherwise explicitly provided in this title, nothing in this title expands liability otherwise imposed or limits any defense otherwise available under Federal or State law..
(2)By adding the following new subsection at the end thereof:

(f)
(1)No public water system shall be liable in a civil suit brought before any Federal or State court for damages arising from injury (including personal injury, death, or property damage) allegedly caused by delivery of contaminated water, unless the court determines that the plaintiff has established the following:
(A)In the case of a regulated contaminant, the plaintiff must establish that each of the following criteria are met:
(i)The substance in the delivered water which the plaintiff claims caused the injury was subject to a Federal or State regulation prescribed under this Act at the time of delivery.
(ii)There is substantial scientific evidence that the substance in the delivered water which the plaintiff claims caused the injury was of such a nature, and in such amounts, that it was reasonably likely to cause the kind of injury of which the plaintiff complains.
(iii)The public water system violated the regulation referred to in clause (i).
(iv)The violation was negligent.
(v)The violation caused the injury.
(B)In the case of an unregulated contaminant, the plaintiff must establish that each of the following criteria are met:
(i)The substance in the delivered water which the plaintiff claims caused the injury was not subject to any requirements prescribed under this Act at the time of delivery.
(ii)There is substantial scientific evidence that the substance in the delivered water which the plaintiff claims caused the injury was of such a nature, and in such amounts, that it was reasonably likely to cause the kind of injury of which the plaintiff complains.
(iii)The injury actually was caused by delivery of water that contained such a substance.
(iv)The public water system knew or should have known that the substance was in the drinking water at such a level and was likely to cause the injury.
(v)It was feasible for the supplier to have removed such contaminant to a level below which it was not likely to cause such injury.
(2)The court shall, in a special pretrial proceeding, subject to the requirements of paragraph (3), determine whether the plaintiff has established either that criteria in clauses (i), (ii), and (iii) of paragraph (1)(A) or criteria in clauses (i), (ii), and (v) in paragraph (1)(B) have been met.
(3)The court, in making the determinations required in paragraphs (1)(A) and (1)(B), shall adopt and give binding effect to any findings of fact, conclusions of law, or determination of any agency of a State exercising primary enforcement authority for purposes of this title. Nothing in this section limits the jurisdiction or authority of any State agency to make findings and determinations with respect to whether—
(A)requirements for drinking water quality adequately protect the public;
(B)additional requirements for regulated or unregulated contaminants are warranted; and
(C)public water systems are in compliance with such requirements..


115 S3788 IS: To require studies on cyberexploitation of employees of certain Federal departments and their families, and for other purposes.
U.S. Senate
2018-12-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS2d SessionS. 3788IN THE SENATE OF THE UNITED STATESDecember 19, 2018Mr. Sasse introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo require studies on cyberexploitation of employees of certain Federal departments and their
			 families, and for other purposes.

		1.Study on cyberexploitation of employees of certain Federal departments and
			 their families
 (a)DefinitionsIn this section: (1)Covered departmentThe term covered department includes the following:
 (A)The Department of Justice. (B)The Department of Energy.
 (C)The Department of Homeland Security. (D)The Department of State.
 (E)The Department of the Treasury. (F)The United States Agency for International Development.
 (G)The civilian employees of the Department of Defense. (2)CyberexploitationThe term cyberexploitation means the use of digital means to knowingly access, or conspire to access, without authorization, an individual’s personal information to be employed (or to be used for) with malicious intent.
 (3)Deep fakeThe term deep fake means the digital insertion of a person’s likeness into or digital alteration of a person’s likeness in visual media, such as photographs and videos, without the person’s permission and with malicious intent.
 (b)Study requiredNot later than 150 days after the date of the enactment of this Act, each head of a covered department shall complete a study on the cyberexploitation of the personal information and accounts of employees of the covered department and their families.
 (c)ElementsThe study required by subsection (b) shall include, with respect to a covered department, the following:
 (1)An assessment of the vulnerability of employees described in subsection (b) and their families to inappropriate access to their personal information and accounts of such employees and their families, including identification of particularly vulnerable subpopulations.
 (2)Creation of a catalogue of past and current efforts by foreign governments and non-state actors at the cyberexploitation of the personal information and accounts of such employees and their families, including an assessment of the purposes of such efforts and their degrees of success.
 (3)An assessment of the actions taken by the department or agency to educate employees and their families, including particularly vulnerable subpopulations, about and actions that can be taken to otherwise reduce these threats.
 (4)Assessment of the potential for the cyberexploitation of misappropriated images and videos as well as deep fakes.
 (5)Development of recommendations for policy changes to reduce the vulnerability of such employees and their families to cyberexploitation, including recommendations for legislative or administrative action.
				(d)Report
 (1)In generalEach head of a covered department shall submit to Congress a report on the findings of the head with respect to the study conducted by the head under subsection (b).
 (2)FormThe report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.


117 HR 3461 IH: Dental and Optometric Care Access Act of 2021
U.S. House of Representatives
2021-05-21
text/xml
EN
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I117th CONGRESS1st SessionH. R. 3461IN THE HOUSE OF REPRESENTATIVESMay 21, 2021Ms. Clarke of New York (for herself, Mr. Carter of Georgia, Mr. Soto, and Mr. McKinley) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title XXVII of the Public Health Service Act to improve health care coverage under vision and dental plans, and for other purposes.1.Short titleThis Act may be cited as the Dental and Optometric Care Access Act of 2021 or the DOC Access Act of 2021.2.Improving health care coverage under vision and dental plans(a)In generalTitle XXVII of the Public Health Service Act is amended by inserting after section 2719A (42 U.S.C. 300gg–19a) the following new section:2719B.Improving coverage under vision and dental plans(a)In generalUnder a group health plan or individual or group health insurance coverage (including such a plan or coverage offering limited scope dental or vision benefits), the following shall apply:(1)Payment amounts from covered persons(A)In generalThe plan or coverage shall provide that, with respect to a doctor of optometry, doctor of dental surgery, or doctor of dental medicine that has an agreement to participate in the plan or coverage and that provides items or services that are not covered services under the plan or coverage to a person enrolled under such plan or coverage, the doctor may charge the enrollee for such items or services any amount determined by the doctor that is equal to, or less than, the usual and customary amount that the doctor charges individuals who are not so enrolled for such items or services.(B)Items or services considered covered by a planFor purposes of subparagraph (A), an item or service shall be considered, with respect to a plan or coverage, to be covered services under the plan or coverage only if the item or service is an item or service with respect to which the plan or coverage is obligated to pay an amount that is reasonable and is not nominal or de minimis. (C)Exception for dental cleaningFor purposes of subparagraph (A), a doctor of dental surgery or doctor of dental medicine that has an agreement to participate in the plan or coverage may charge an enrollee only the contracted network fee for any dental cleaning, including any dental cleaning that exceeds the annual maximum under the enrollee’s plan or coverage. (2)Duration of limited scope vision and dental plansIn the case of an agreement between such a doctor and such a plan or coverage that offers limited scope dental or vision benefits—(A)the agreement may be extended for a term longer than 2 years only with the prior acceptance of the doctor for each such term extension; and(B)the agreement may be extended for unlimited terms, subject to subparagraph (A).(3)No restrictions on choice of laboratoriesThe plan or coverage may not, directly or indirectly, restrict or limit, such a doctor’s choice of laboratories or choice of source and suppliers of services or materials provided by the doctor to an individual who is enrolled under the plan or coverage.(b)Private right of actionIn addition to any other remedies under State or Federal law, a person adversely affected by a violation of this subsection may bring action for injunctive relief against a plan described in subsection (a) and, upon prevailing, in addition to such injunctive relief shall recover monetary damages of no more than $1,000 for each day found to be in violation plus attorney’s fees and costs. The district courts of the United States shall have exclusive jurisdiction of civil actions brought under this subsection.(c)Relationship to exception for limited, excepted benefitsSection 2722(c)(1) shall not apply with respect to the requirements of this section.(d)Election To be excluded(1)In generalIf a doctor of optometry, doctor of dental surgery, or doctor of dental medicine to which the provisions of paragraphs (1) and (3) of subsection (a) otherwise apply makes an election under this paragraph (in such form and manner as the Secretary may by regulations prescribe), the requirements of such paragraphs insofar as they apply directly to the plan or coverage shall not apply to such plan or coverage for such period, as described in paragraph (2). (2)Period of electionAn election under paragraph (1)—(A)shall apply for a single specified plan year;(B)may be extended through subsequent elections under this subsection; and (C)shall not be available with respect to the requirements concerning the duration of limited scope vision and dental plans under subsection (a)(2). (e)DefinitionsIn this section:(1)The term covered services means dental care or vision care services for which reimbursement is available under a plan or coverage contract, or for which reimbursement would be available but for the application of contractual limitations, including deductibles, copayments, coinsurance, waiting periods, lifetime maximum, frequency limitations, and alternative benefit payments. (2)The terms doctor of dental surgery and doctor of dental medicine mean a doctor of dental surgery or of dental medicine, as applicable, who is legally authorized to practice dentistry by the State in which the doctor performs such function and who is acting within the scope of the license of the doctor when performing such functions.(3)The term doctor of optometry means a doctor of optometry who is legally authorized to practice optometry by the State in which the doctor so practices..(b)Conforming amendmentSection 2722(c)(1) of the Public Health Service Act (42 U.S.C. 300gg–21(c)(1)) is amended by striking The requirements and inserting Subject to section 2719B, the requirements.(c)Exclusive applicability of State lawNotwithstanding any amendment made by this Act, State law that directly affects any standard or requirement relating to health insurance issuers and dental or vision benefit plans, shall have exclusive application and the amendments made by this Act shall not apply to the extent that such State law conflicts with such amendments. The State shall retain exclusive jurisdiction over health insurance issuers and limited scope dental or vision benefit plans that are directly governed by such State.


		III
		110th CONGRESS
		1st Session
		S. RES. 317
		IN THE SENATE OF THE UNITED STATES

			September 11, 2007
			Mr. McConnell submitted
			 the following resolution; which was considered and agreed to

		RESOLUTION
		To constitute the minority party’s
		  membership on the Committee on Veterans’ Affairs for the remainder of the 110th
		  Congress or until their successors are chosen.

		That the following shall constitute the
			 minority party’s appointments to the Committee on Veterans’ Affairs for the
			 remainder of the 110th Congress or until their successors are chosen: Mr. Burr,
			 Mr. Specter, Mr. Craig, Mr. Isakson, Mr. Graham, Mrs. Hutchison, and Mr.
			 Ensign.


 HR 6418 ENR: To designate the facility of the United States Postal Service located at 509 Fairhope Avenue in Fairhope, Alabama, as the “William Jack Jackson Edwards III Post Office Building”.
U.S. House of Representatives

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
One Hundred Sixteenth Congress of the United States of AmericaAt the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and twenty
H. R. 6418

AN ACT
To designate the facility of the United States Postal Service located at 509 Fairhope Avenue in Fairhope, Alabama, as the William Jack Jackson Edwards III Post Office Building.

1.William Jack Jackson Edwards III Post Office Building
(a)DesignationThe facility of the United States Postal Service located at 509 Fairhope Avenue in Fairhope, Alabama, shall be known and designated as the William Jack Jackson Edwards III Post Office Building. (b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the William Jack Jackson Edwards III Post Office Building.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


		III
		111th CONGRESS
		1st Session
		S. RES. 120
		IN THE SENATE OF THE UNITED STATES

			April 29, 2009
			Mr. Lieberman (for
			 himself and Mr. Dodd) submitted the
			 following resolution; which was considered and agreed to

		RESOLUTION
		Congratulating the Trinity College Bantams
		  for their 11th-straight College Squash Association Men’s Team
		  Championship.

		Whereas, on February 23, 2009, the Trinity College Bantams
			 defeated the Princeton University Tigers, 5 games to 4, in the final match of
			 the College Squash Association Men’s Team Championship tournament;
		Whereas the Bantams have won 11 national championships in
			 a row;
		Whereas the Bantams have won 202 straight matches, the
			 longest winning streak in collegiate sports history;
		Whereas junior Baset Chaudry, down 5–0 in the final game
			 with the match tied 4–4, rallied to score 9 straight points and clinch the
			 title for the Bantams;
		Whereas seniors Gustav Detter and Manek Mathur, junior
			 Baset Chaudry, sophomore Parth Sharma, and freshman Vikram Malholtra were named
			 to the College Squash Association All-America First Team, and sophomores Randy
			 Lim and Andre Vargas were named to the Second Team;
		Whereas, on March 1, 2009, junior Baset Chaudry won the
			 College Squash Association’s Men’s Individual Championship;
		Whereas the diverse roster of the Bantams, which includes
			 players from the United States, India, Jamaica, Pakistan, Sweden, Columbia, and
			 Malaysia, highlights the diversity of Trinity College and the commitment of
			 Trinity College to fostering cultural understanding;
		Whereas Coach Paul Assainte has earned acclaim from his
			 players for his role as coach and mentor and for underscoring the values of
			 humility and respect for one’s opponents and teammates; and
		Whereas each player, coach, and staff member of the
			 Trinity College Bantams demonstrates a strong commitment to the pursuit and
			 achievement of excellence: Now, therefore, be it

		That the Senate—
			(1)congratulates the
			 Trinity College Bantams for their historic 11th-straight College Squash
			 Association Men’s Team Championship; and
			(2)recognizes the
			 achievements of the players, coaches, students, and support staff who were
			 instrumental in the Bantams’ victory.


114 HR 3137 IH: To reaffirm the trust status of land taken into trust by the United States pursuant to the Act of June 18, 1934, for the benefit of an Indian tribe that was federally recognized on the date that the land was taken into trust, and for other purposes.
U.S. House of Representatives
2015-07-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 3137
		IN THE HOUSE OF REPRESENTATIVES

			July 21, 2015
			Mr. Cole (for himself, Ms. McCollum, Ms. Wasserman Schultz, Mr. Sessions, Mr. Byrne, Mr. Ben Ray Luján of New Mexico, Mr. Cárdenas, Mr. Gallego, Mr. Murphy of Florida, Ms. Michelle Lujan Grisham of New Mexico, Mr. Grijalva, Ms. Moore, Mr. Ruiz, Mr. Takai, Mr. Benishek, Mr. Mullin, Mr. Kilmer, and Mr. Simpson) introduced the following bill; which was referred to the Committee on Natural Resources

		A BILL
		To reaffirm the trust status of land taken into trust by the United States pursuant to the Act of
			 June 18, 1934, for the benefit of an Indian tribe that was federally
			 recognized on the date that the land was taken into trust, and for other
			 purposes.

		1.Reaffirmation of status and actions
 (a)Reaffirmation of trust statusLand taken into trust by the United States pursuant to the Act of June 18, 1934 (25 U.S.C. 465), before the date of enactment of this Act for the benefit of an Indian tribe that was federally recognized on the date that the land was taken into trust is reaffirmed as trust land.
 (b)Ratification of actions of the SecretaryAny action taken by the Secretary of the Interior for the purpose of acquiring and taking land into trust under the Act of June 18, 1934 (25 U.S.C. 465), is hereby ratified and confirmed as fully and for all intents and purposes as if that action had been taken under a Federal law specifically authorizing or directing that action.
 (c)ApplicationThis Act shall apply to all claims (including claims challenging the validity of title or the effectiveness of any action of the Secretary acquiring and taking land into trust) pending on the date of the enactment of this Act or filed on or after the date of the enactment of this Act.
 (d)Indian countryAny land taken into trust that has been ratified and confirmed pursuant to this Act shall remain Indian country pursuant to section 1151 of title 18, United States Code.
 (e)Additional landNothing in this Act shall alter or diminish the right of any federally recognized Indian tribe or the authority of the Secretary with respect to land taken into trust after the date of the enactment of this Act for the benefit of a federally recognized Indian tribe.


115 HR 497 RS: Santa Ana River Wash Plan Land Exchange Act
U.S. House of Representatives
2017-06-28
text/xml
EN
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IICalendar No. 539115th CONGRESS2d SessionH. R. 497IN THE SENATE OF THE UNITED STATESJune 28, 2017Received; read twice and referred to the Committee on Energy and Natural ResourcesJuly 30, 2018Reported by Ms. Murkowski, without amendmentAN ACTTo direct the Secretary of the Interior to convey certain Federal lands in San Bernardino County,
			 California, to the San Bernardino Valley Water Conservation District, and
			 to accept in return certain non-Federal lands, and for other purposes.

 1.Short titleThis Act may be cited as the Santa Ana River Wash Plan Land Exchange Act. 2.DefinitionsIn this Act:
 (1)Conservation DistrictThe term Conservation District means the San Bernardino Valley Water Conservation District, a political subdivision of the State of California.
 (2)Non-Federal LandThe term non-Federal Land means the approximately 310 acres of land owned by the Conservation District generally depicted as SBVWCD to BLM on the Map. (3)MapThe term Map means the map titled Santa Ana River Wash Land Exchange and dated September 3, 2015.
 (4)Non-Federal exchange parcelThe term non-Federal exchange parcel means the approximately 59 acres of land owned by the Conservation District generally depicted as SBVWCD Equalization Land on the Map and is to be conveyed to the United States if necessary to equalize the fair market values of the lands otherwise to be exchanged.
 (5)Federal exchange parcelThe term Federal exchange parcel means the approximately 90 acres of Federal land administered by the Bureau of Land Management generally depicted as BLM Equalization Land to SBVWCD on the Map and is to be conveyed to the Conservation District if necessary to equalize the fair market values of the lands otherwise to be exchanged.
 (6)Federal landThe term Federal land means the approximately 327 acres of Federal land administered by the Bureau of Land Management generally depicted as BLM Land to SBVWCD on the Map.
 (7)SecretaryThe term Secretary means the Secretary of the Interior. 3.Exchange of land; equalization of value (a)Exchange authorizedNotwithstanding the land use planning requirements of sections 202, 210, and 211 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1720–21), subject to valid existing rights, and conditioned upon any equalization payment necessary under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), and subsection (b) of this Act, as soon as practicable, but not later than 2 years after the date of enactment of this Act, if the Conservation District offers to convey the exchange land to the United States, the Secretary shall—
 (1)convey to the Conservation District all right, title, and interest of the United States in and to the Federal land, and any such portion of the Federal exchange parcel as may be required to equalize the values of the lands exchanged; and
 (2)accept from the Conservation District a conveyance of all right, title, and interest of the Conservation District in and to the non-Federal land, and any such portion of the non-Federal exchange parcel as may be required to equalize the values of the lands exchanged.
 (b)Equalization paymentTo the extent an equalization payment is necessary under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716), the amount of such equalization payment shall first be made by way of in-kind transfer of such portion of the Federal exchange parcel to the Conservation District, or transfer of such portion of the non-Federal exchange parcel to the United States, as the case may be, as may be necessary to equalize the fair market values of the exchanged properties. The fair market value of the Federal exchange parcel or non-Federal exchange parcel, as the case may be, shall be credited against any required equalization payment. To the extent such credit is not sufficient to offset the entire amount of equalization payment so indicated, any remaining amount of equalization payment shall be treated as follows:
 (1)If the equalization payment is to equalize values by which the Federal land exceeds the non-Federal land and the credited value of the non-Federal exchange parcel, Conservation District may make the equalization payment to the United States, notwithstanding any limitation regarding the amount of the equalization payment under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). In the event Conservation District opts not to make the indicated equalization payment, the exchange shall not proceed.
 (2)If the equalization payment is to equalize values by which the non-Federal land exceeds the Federal land and the credited value of the Federal exchange parcel, the Secretary shall order the exchange without requirement of any additional equalization payment by the United States to the Conservation District.
				(c)Appraisals
 (1)The value of the land to be exchanged under this Act shall be determined by appraisals conducted by one or more independent and qualified appraisers.
 (2)The appraisals shall be conducted in accordance with nationally recognized appraisal standards, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.
 (d)Title approvalTitle to the land to be exchanged under this Act shall be in a format acceptable to the Secretary and the Conservation District.
 (e)Map and legal descriptionsAs soon as practicable after the date of the enactment of this Act, the Secretary shall finalize a map and legal descriptions of all land to be conveyed under this Act. The Secretary may correct any minor errors in the map or in the legal descriptions. The map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management.
 (f)Costs of conveyanceAs a condition of conveyance, any costs related to the conveyance under this section shall be paid by the Conservation District.
			4.Applicable law
			(a)Act of February 20, 1909
 (1)The Act of February 20, 1909 (35 Stat. 641), shall not apply to the Federal land and any public exchange land transferred under this Act.
 (2)The exchange of lands under this section shall be subject to continuing rights of the Conservation District under the Act of February 20, 1909 (35 Stat. 641), on the non-Federal land and any exchanged portion of the non-Federal exchange parcel for the continued use, maintenance, operation, construction, or relocation of, or expansion of, groundwater recharge facilities on the non-Federal land, to accommodate groundwater recharge of the Bunker Hill Basin to the extent that such activities are not in conflict with any Habitat Conservation Plan or Habitat Management Plan under which such non-Federal land or non-Federal exchange parcel may be held or managed.
 (b)FLPMAExcept as otherwise provided in this Act, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701, et seq.), shall apply to the exchange of land under this Act.
 5.Cancellation of Secretarial Order 241Secretarial Order 241, dated November 11, 1929 (withdrawing a portion of the Federal land for an unconstructed transmission line), is terminated and the withdrawal thereby effected is revoked.July 30, 2018Reported without amendment


115 HR 2019 IH: To amend the Internal Revenue Code of 1986 to exclude certain abortions from the definition of qualified medical expenses for purposes of distributions from health savings accounts.
U.S. House of Representatives
2017-04-06
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.

I115th CONGRESS1st SessionH. R. 2019IN THE HOUSE OF REPRESENTATIVESApril 6, 2017Ms. Foxx (for herself and Mr. Smith of New Jersey) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to exclude certain abortions from the definition of qualified medical expenses for purposes of distributions from health savings accounts.
1.Exclusion of certain abortions from qualified medical expenses for purposes of health savings accounts
(a)In generalParagraph (2) of section 223(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:  (D)Certain abortionsFor purposes of this section, the term qualified medical expenses shall not include amounts paid for any abortion unless—
(i)the pregnancy is the result of an act of rape or incest, or  (ii)the woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed..
(b)Effective dateThe amendment made by this section shall apply with respect to taxable years beginning after the date of enactment of this Act.


115 HRES 734 RH: Providing for consideration of the Senate amendment to the House amendment to the Senate amendment to the bill (H.R. 1892) to amend title 4, United States Code, to provide for the flying of the flag at half-staff in the event of the death of a first responder in the line of duty.
U.S. House of Representatives
2018-02-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		House Calendar No. 125
		115th CONGRESS
		2d Session
		H. RES. 734
		[Report No. 115–551]
		IN THE HOUSE OF REPRESENTATIVES

			February 9 (legislative day, February 8), 2018
			Mr. Sessions, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be
			 printed

		RESOLUTION
		Providing for consideration of the Senate amendment to the House amendment to the Senate amendment
			 to the bill (H.R. 1892) to amend title 4, United States Code, to provide
			 for the flying of the flag at half-staff in the event of the death of a
			 first responder in the line of duty.

 That upon adoption of this resolution it shall be in order to take from the Speaker's table the bill (H.R. 1892) to amend title 4, United States Code, to provide for the flying of the flag at half-staff in the event of the death of a first responder in the line of duty, with the Senate amendment to the House amendment to the Senate amendment thereto, and to consider in the House, without intervention of any point of order, a motion offered by the chair of the Committee on Appropriations or his designee that the House concur in the Senate amendment to the House amendment to the Senate amendment. The Senate amendment and the motion shall be considered as read. The motion shall be debatable for one hour equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations. The previous question shall be considered as ordered on the motion to adoption without intervening motion.

	February 9 (legislative day, February 8), 2018Referred to the House Calendar and ordered to be
			 printed


114 S2986 IS: International Communications Privacy Act
U.S. Senate
2016-05-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS2d Session
		S. 2986
		IN THE SENATE OF THE UNITED STATES

			May 25, 2016
			Mr. Hatch (for himself, Mr. Coons, and Mr. Heller) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

		A BILL
		To amend title 18, United States Code, to safeguard data stored abroad, and for other purposes.

		1.Short title
 This Act may be cited as the International Communications Privacy Act .
 2.Congressional findings and declaration of purposeCongress finds the following: (1)The Electronic Communications Privacy Act of 1986 (Public Law 99–508; 100 Stat. 1848) (referred to in this section as ECPA) was intended to protect the privacy of electronic communications stored with providers of electronic communications services and remote computing services, while balancing the legitimate needs of law enforcement to access records stored by such providers.
 (2)To strike this balance, ECPA authorized governmental entities to obtain certain categories of communications data from providers using established, pre-existing forms of process warrants and subpoenas. It also created a new form of court order, in section 2703(d) of title 18, United States Code, that governmental entities could use to obtain additional types of communications data.
 (3)Congress recognizes the legitimate needs of law enforcement agencies in the United States to obtain, through lawful process, electronic communications relevant to criminal investigations, as well as the privacy interests of citizens of foreign countries. Therefore, where the Government seeks to obtain the contents of electronic communications of foreign citizens located outside of the United States, this Act authorizes the use of search warrants only if the foreign government does not have a Law Enforcement Cooperation Agreement with the United States or, if it does have such a Law Enforcement Cooperation Agreement, the foreign government does not object to disclosure.
			3.Extension and clarification of warrant requirement
 (a)In generalChapter 121 of title 18, United States Code, is amended— (1)in section 2702(a), by amending paragraph (3) to read as follows:

 (3)a provider of remote computing service or electronic communication service to the public shall not knowingly divulge to any governmental entity the contents of any communication described in section 2703(a), or any record or other information pertaining to a subscriber or customer of such service.;
 (2)in section 2703— (A)by striking subsections (a) and (b) and inserting the following:

 (a)Contents of wire or electronic communication in electronic storageA governmental entity may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by the provider, regardless of where such contents may be in electronic storage or otherwise stored, held, or maintained, only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction. An application for a warrant under this section shall include a full and complete statement of the facts and circumstances relied upon and the investigative steps taken to ascertain the nationality and location of the subscriber or customer whose contents are sought by the warrant. Any such warrant may be used to require the disclosure of contents of a wire or electronic communication only if the court finds that—
 (1)the governmental entity has taken all reasonable steps to establish the nationality and location of the subscriber or customer whose contents are sought; and
 (2)at the time the warrant application is made— (A)there are reasonable grounds to believe that the subscriber or customer whose contents are sought by the warrant is—
 (i)a United States person; (ii)physically located within the United States;
 (iii)a national of or located in a foreign country or countries where any of those countries has an applicable Law Enforcement Cooperation Agreement with the United States (or in the case where the warrant application is made on behalf of a foreign government pursuant to a Law Enforcement Cooperation Agreement with the United States, any of those countries has an applicable Law Enforcement Cooperation Agreement with the requesting foreign government) and the Central Authority for each such country with such a Law Enforcement Cooperation Agreement provides written certification that the disclosure may be had or does not object to the disclosure within 60 days after formal submission of a request for such certification; or
 (iv)a national of and located in a foreign country or countries where none of those countries have an applicable Law Enforcement Cooperation Agreement with the United States (or in the case where the warrant application is made on behalf of a foreign government pursuant to a Law Enforcement Cooperation Agreement with the United States, none of those countries have an applicable Law Enforcement Cooperation Agreement with the requesting foreign government); or
 (B)there are no reasonable grounds on which to base a belief as to either the nationality or the location of the subscriber or customer whose contents are sought.
 (b)Warrant requirementsUpon a motion made promptly by the service provider, a court issuing a warrant under this section shall modify or vacate such warrant if—
 (1)the court finds that the warrant does not meet the requirements of this section or is otherwise unlawful; or
 (2)the service provider presents additional information about the subscriber’s or customer’s physical location, status as a United States person, or status as a national of a foreign country that would cause the court to find that the warrant application would not comply with the requirements of this section.;
 (B)in subsection (d), in the first sentence— (i)by striking (b) or;
 (ii)by striking the contents of a wire or electronic communication, or; and (iii)by striking sought, are and inserting sought are; and
 (C)by adding at the end the following:  (h)Rule of constructionNothing in this section or in section 2702 shall be construed to limit the authority of a governmental entity to use an administrative subpoena authorized under a Federal or State statute or to use a Federal or State grand jury, trial, or civil discovery subpoena to—
 (1)require an originator, addressee, or intended recipient of an electronic communication to disclose the contents of the electronic communication to the governmental entity; or
 (2)require an entity that provides electronic communication services to the officers, directors, employees, or agents of the entity (for the purpose of carrying out their duties) to disclose the contents of an electronic communication to or from an officer, director, employee, or agent of the entity to a governmental entity, if the electronic communication is held, stored, or maintained on an electronic communications system owned or operated by the entity.
								;
 (3)in section 2704(a)(1), by striking section 2703(b)(2) and inserting section 2703; and (4)in section 2711—
 (A)in paragraph (3)(B) by striking warrants; and and inserting warrants;; (B)in paragraph (4) by striking thereof. and inserting thereof;; and
 (C)by adding at the end the following:  (5)the term United States person means a citizen of the United States or an alien lawfully admitted for permanent residence (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)));
 (6)the term Law Enforcement Cooperation Agreement means— (A)a mutual legal assistance treaty, mutual legal assistance agreement, adherence to the Convention on Cybercrime, signed November 21, 2001; or
 (B)an executive agreement or treaty between the United States and one or more countries designed to establish a reciprocal process for notifying and obtaining the consent of the other country or countries in order to obtain the contents of electronic communication pursuant to section 2703(a)(1)(A)(iii), provided that the Attorney General shall maintain a list of countries with which the United States has such agreements and shall submit such list, as and when amended, to the Committees on the Judiciary and Foreign Relations of the United States Senate and the Committees on the Judiciary and Foreign Affairs of the United States House of Representatives, and shall make it available to the public;
 (7)the term Central Authority means the agency, department, office, or authority of a country responsible for administering a particular Law Enforcement Cooperation Agreement between that country and another; and
 (8)the term national of a foreign country means a citizen, a lawful resident, or an entity organized under the laws of a foreign jurisdiction..
 (b)Rule of constructionNothing in this Act or the amendments made by this Act shall be construed to expand the investigative authority of any governmental entity.
			4.Mutual legal assistance treaty reforms
			(a)Mutual legal assistance treaty transparency and efficiency
 (1)In generalNot later than 180 days after the date of enactment of this Act, the Attorney General shall establish—
 (A)a form for use by a foreign government filing a mutual legal assistance treaty request (referred to in this section as an MLAT request), which shall—
 (i)be made available on the website of the Department of Justice; and (ii)require sufficient information and be susceptible for use by a foreign government to provide all the information necessary for the MLAT request;
 (B)an online docketing system for all MLAT requests, which shall allow a foreign government to track the status of an MLAT request filed by the foreign government; and
 (C)a process through which certified approval may be sought for disclosure pursuant to warrants issued under section 2703(a).
 (2)Annual publicationBeginning not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish on the website of the Department of Justice statistics on—
 (A)(i)the number of MLAT requests made by the Department of Justice to foreign governments for the purpose of obtaining the contents of an electronic communication or other information or records from a provider of electronic communications or remote computing services; and
 (ii)the average length of time taken by foreign governments to process the MLAT requests described in clause (i); and
 (B)(i)the number of MLAT requests made to the Department of Justice by foreign governments for the purpose of obtaining the contents of an electronic communication or other information or records from a provider of electronic communications or remote computing services; and
 (ii)the average length of time taken by the Department of Justice to process the MLAT requests described in clause (i).
 (3)Notice to department of stateThe Attorney General shall notify the Secretary of State not later than 7 days after the date on which disclosure of electronic communications content to a foreign government is made pursuant to an MLAT request.
 (b)Preservation of recordsThe Attorney General may issue a request pursuant to section 2703(f) of title 18, United States Code, upon receipt of an MLAT request that appears to be facially valid.
 (c)Notification to provider of MLAT requestWhen the Attorney General makes use of the process provided in section 2703 of title 18, United States Code, to obtain information from an electronic communications provider or a remote computing provider based on an MLAT request, the Attorney General shall notify that provider in writing that the request has been made pursuant to a mutual legal assistance treaty.
 5.Sense of CongressIt is the sense of Congress that— (1)data localization requirements imposed by foreign governments on data providers are—
 (A)incompatible with the borderless nature of the Internet; (B)an impediment to online innovation; and
 (C)unnecessary to meet the needs of law enforcement; and (2)the Department of Justice, the Department of State, and the United States Trade Representatives should pursue open data flow policies with foreign nations.


116 HR 2283 IH: Concentrating on High-value Alzheimer’s Needs to Get to an End Act of 2019
U.S. House of Representatives
2019-04-10
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.

I116th CONGRESS1st SessionH. R. 2283IN THE HOUSE OF REPRESENTATIVESApril 10, 2019Ms. Sánchez (for herself, Mr. LaHood, Ms. Matsui, and Mrs. Rodgers of Washington) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo provide better care and outcomes for Americans living with Alzheimer’s disease and related
			 dementias and their caregivers while accelerating progress toward
			 prevention strategies, disease modifying treatments, and, ultimately, a
			 cure.

		1.Short title; table of contents; findings
 (a)Short titleThis Act may be cited as the Concentrating on High-value Alzheimer’s Needs to Get to an End Act of 2019 or the CHANGE Act of 2019. (b)Table of contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents; findings.
					Sec. 2. Cognitive impairment detection benefit in the Medicare annual wellness visit and initial
			 preventive physical examination.
					Sec. 3. Medicare quality payment program.
					Sec. 4. Report to Congress on implementation of this Act.
					Sec. 5. Study and report on regulatory and legislative changes or refinements that would accelerate
			 Alzheimer’s disease research progress.

 (c)FindingsCongress finds as follows: (1)It is estimated that 5.8 million Americans are living with Alzheimer’s disease in 2019. This includes an estimated 5.6 million people age 65 and older and approximately 200,000 individuals under age 65 who have younger-onset Alzheimer’s. By 2050, the number of people age 65 and older with Alzheimer’s dementia is projected to increase to 13.8 million Americans.
 (2)As many as half of the estimated 5,100,000 American seniors with Alzheimer’s disease and other dementias have never received a diagnosis.
 (3)In 2019, it is estimated that Alzheimer’s and related dementias will have cost the Medicare and Medicaid programs $195 billion. By 2050, it is estimated that these direct costs will increase to as much as $1.1 trillion.
 (4)Alzheimer’s exacts an emotional and physical toll on caregivers, resulting in higher incidence of heart disease, cancer, depression, and other health consequences.
 (5)Alzheimer’s disease disproportionately impacts women and people of color. Women are twice as likely to develop Alzheimer’s as they are breast cancer. African Americans are about two times more likely than White Americans to have Alzheimer’s disease and other dementias. Latinos are about one and one-half times more likely than White Americans to have Alzheimer’s disease and other dementias. According to the Centers for Disease Control and Prevention, among people ages 65 and older, African Americans have the highest prevalence of Alzheimer’s disease and related dementias (13.8 percent), followed by Hispanics (12.2 percent), and non-Hispanic Whites (10.3 percent), American Indian and Alaska Natives (9.1 percent), and Asian and Pacific Islanders (8.4 percent). This higher prevalence translates into a higher death rate: Alzheimer’s deaths increased 55 percent among all Americans between 1999 and 2014, while the number was 107 percent for Latinos and 99 percent for African Americans.
 (6)There are evidence-based, reliable, and NIH-identified cognitive impairment detection tools available at the National Institute on Aging’s Alzheimer’s and Dementia Resources for Professionals website that must replace detection by direct observation in the Medicare Annual visits and Welcome to Medicare visits. The NIH-identified tools will allow for appropriate follow-up instead of delaying diagnosis or impeding opportunities for patients to access timely treatment options, including clinical trial participation.
 (7)An early, documented diagnosis, communicated to the patient and caregiver, enables early access to care planning services and available medical and nonmedical treatments, and optimizes patients’ ability to build a care team, participate in support services, and enroll in clinical trials.
 (8)African Americans represent 13 percent of the population of the United States but only 5 percent of clinical trial participants, and Latinos represent 17 percent of the population of the United States but less than one percent of clinical trial participants. Further, Latinos and African Americans account for only 3.5 percent and 1.2 percent, respectively, of principal investigators supported by the National Institutes of Health funding, limiting this perspective in research. Better recruitment and trial designs are critical to addressing innovation in Alzheimer’s generally, including the underrepresentation of African Americans and Latinos.
 (9)Inability to identify eligible patients at the earliest stages of disease is a substantial impediment to efficient research toward Alzheimer’s disease prevention, treatment, and cure.
 (10)Advancing treatment options to prevent, treat, or cure Alzheimer’s is an urgent national priority. (11)A paradigm shift to drive synergies between high-value patient care, caregiver support, brain health promotion, and research initiatives is our best hope for preventing, treating, and curing Alzheimer’s disease.
				2.Cognitive impairment detection benefit in the Medicare annual wellness visit and initial preventive
			 physical examination
			(a)Annual wellness visit
 (1)In generalSection 1861(hhh)(2) of the Social Security Act (42 U.S.C. 1395x(hhh)(2)) is amended— (A)by striking subparagraph (D) and inserting the following:

 (D)Detection of any cognitive impairment or progression of cognitive impairment that shall— (i)be performed using a cognitive impairment detection tool identified by the National Institute on Aging as meeting its criteria for selecting instruments to detect cognitive impairment in the primary care setting, and other validated cognitive detection tools as the Secretary determines;
 (ii)include documentation of the tool used for detecting cognitive impairment and results of the assessment in the patient’s medical record; and
 (iii)take into consideration the tool used, and results of, any previously performed cognitive impairment detection assessment.;
 (B)by redesignating subparagraph (I) as subparagraph (J); and (C)by inserting after subparagraph (H) the following new subparagraph:

 (I)Referral of patients with detected cognitive impairment or potential cognitive decline to— (i)appropriate Alzheimer’s disease and dementia diagnostic services, including amyloid positron emission tomography, and other medically accepted diagnostic tests that the Secretary determines are safe and effective;
 (ii)specialists and other clinicians with expertise in diagnosing or treating Alzheimer’s disease and related dementias;
 (iii)available community-based services, including patient and caregiver counseling and social support services; and
 (iv)appropriate clinical trials.. (2)Effective dateThe amendments made by paragraph (1) shall apply to annual wellness visits furnished on or after January 1, 2020.
				(b) Initial preventive physical examination
 (1)In generalSection 1861(ww)(1) of the Social Security Act (42 U.S.C. 1395x(ww)(1)) is amended by striking agreement with the individual, and and inserting agreement with the individual, detection of any cognitive impairment or progression of cognitive impairment as described in subparagraph (D) of subsection (hhh)(2) and referrals as described in subparagraph (I) of such subsection, and.
 (2)Effective dateThe amendments made by paragraph (1) shall apply to initial preventive physical examinations furnished on or after January 1, 2020.
 3.Medicare quality payment programNot later than January 1, 2020, the Secretary of Health and Human Services shall implement Medicare policies under title XVIII of the Social Security Act, including quality measures and Medicare Advantage plan rating and risk adjustment mechanisms, that reflect the public health imperative of—
 (1)promoting healthy brain lifestyle choices; (2)identifying and responding to patient risk factors for Alzheimer’s disease and related dementias; and
 (3)incentivizing providers for— (A)adequate and reliable cognitive impairment detection in the primary care setting, that is documented in the patient’s electronic health record and communicated to the patient;
 (B)timely Alzheimer’s disease diagnosis; and (C)appropriate care planning services, including identification of, and communication with patients and caregivers about, the potential for clinical trial participation.
 4.Report to Congress on implementation of this ActNot later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the implementation of the provisions of, and amendments made by, this Act, including—
 (1)the increased use of validated tools for detection of cognitive impairment and Alzheimer’s disease; (2)utilization of Alzheimer’s disease diagnostic and care planning services; and
 (3)outreach efforts in the primary care and patient communities. 5.Study and report on regulatory and legislative changes or refinements that would accelerate Alzheimer’s disease research progress (a)In generalThe Comptroller General of the United States (in this section referred to as the Comptroller General) shall conduct a study on regulatory and legislative changes or refinements that would accelerate Alzheimer’s disease research progress. In conducting such study, the Comptroller General shall consult with interested stakeholders, including industry leaders, researchers, clinical experts, patient advocacy groups, caregivers, patients, providers, and State leaders. Such study shall include an analysis of innovative public-private partnerships, innovative financing tools, incentives, and other mechanisms to enhance the quality of care for individuals diagnosed with Alzheimer’s disease, reduce the emotional, financial, and physical burden on familial care partners, and accelerate development of preventative, curative, and disease-modifying therapies.
 (b)ReportNot later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.


115 HJ 93 IH: Proposing an amendment to the Constitution of the United States to protect the rights of crime victims.
U.S. House of Representatives
2017-04-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IA115th CONGRESS1st SessionH. J. RES. 93IN THE HOUSE OF REPRESENTATIVESApril 3, 2017Mr. Franks of Arizona (for himself and Mr. Royce of California) submitted the following joint resolution; which was referred to the Committee on the JudiciaryJOINT RESOLUTIONProposing an amendment to the Constitution of the United States to protect the rights of crime
			 victims.

 That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

				 —
 1.The following rights of a crime victim, being capable of protection without denying the constitutional rights of the accused, shall not be denied or abridged by the United States or any State. The crime victim shall have the rights to reasonable notice of, and shall not be excluded from, public proceedings relating to the offense, to be heard at any release, plea, sentencing, or other proceeding involving any right established by this article, to proceedings free from unreasonable delay, to reasonable notice of the release or escape of the accused, to due consideration of the crime victim’s safety, dignity, and privacy, and to restitution. The crime victim or the crime victim's lawful representative has standing to assert and enforce these rights. Nothing in this article provides grounds for a new trial or any claim for damages. Review of the denial of any right established herein, which may include interlocutory relief, shall be subject to the standards of ordinary appellate review.
 2.For purposes of this article, a crime victim includes any person against whom the criminal offense is committed or who is directly and proximately harmed by the commission of an act, which, if committed by a competent adult, would constitute a crime.
 3.This article shall be inoperative unless it has been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within 14 years after the date of its submission to the States by the Congress. This article shall take effect on the 180th day after the date of its ratification.
					.