109 HCON 171 IH: Commending individuals that have participated in volunteer programs that repair the homes of families of deployed members of the Armed Forces, and in particular those of the National Guard and Reserves.
U.S. House of Representatives
2005-05-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
109th CONGRESS
1st Session
H. CON. RES. 171
IN THE HOUSE OF REPRESENTATIVES

May 26, 2005
Mr. Israel submitted the following concurrent resolution; which was referred to the Committee on Armed Services

CONCURRENT RESOLUTION
Commending individuals that have participated in volunteer programs that repair the homes of families of deployed members of the Armed Forces, and in particular those of the National Guard and Reserves.

Whereas 40 percent of United States Armed Forces in Iraq are members of the National Guard and Reserves, and 430,000 Guard members and Reservists have been mobilized since the September 11th attacks;
Whereas 55 percent of married members of the National Guard and Reserves reported a loss of income over their civilian jobs;
Whereas family members of the fighting men and women, who protect the home front, are struggling to maintain their homes;
Whereas individuals have participated in volunteer programs that repair the homes of deployed soldiers’ families; repairs which could not been afforded otherwise;
Whereas members of the National Guard and Reserves participating in Operation Enduring Freedom and Operation Iraqi Freedom are separated from families and friends for extended periods of time and have increased morale when they know their families are taken care of; and
Whereas many individuals have supported efforts to boost the morale of members of the Armed Forces that are deployed in Afghanistan and Iraq by donating their time to make home repairs: Now, therefore, be it

That Congress commends individuals that have taken part in volunteer programs that repair the homes of families of deployed members of the Armed Forces, and in particular those of the National Guard and Reserves.


 S818 ENR: To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.
U.S. Senate

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.

One Hundred Fourteenth Congress of the United States of America2d SessionBegun and held at the City of Washington on Monday, the fourth day of January, two thousand and
			 sixteenS. 818IN THE SENATE OF THE UNITED STATESAN ACTTo amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.

 1.Additional land for Grand Ronde reservationSection 1 of Public Law 100–425 (commonly known as the Grand Ronde Reservation Act) (25 U.S.C. 713f note; 102 Stat. 1594; 104 Stat. 207; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended—
 (1)in subsection (a)— (A)in the first sentence—
 (i)by striking Subject to valid existing rights, including (but not limited to) all and inserting the following:  (1)In generalSubject to valid existing rights, including all; and
 (ii)by inserting (referred to in this Act as the Tribes) before the period at the end; (B)in the second sentence, by striking Such land and inserting the following:

 (2)TreatmentThe land referred to in paragraph (1); and (C)by adding at the end the following:

						(3)Additional trust acquisitions
 (A)In generalThe Secretary may accept title in and to any additional real property located within the boundaries of the original 1857 reservation of the Tribes (as established by the Executive order dated June 30, 1857, and comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon), if that real property is conveyed or otherwise transferred to the United States by, or on behalf of, the Tribes.
							(B)Treatment of trust land
 (i)In generalAn application to take land into trust within the boundaries of the original 1857 reservation of the Tribes shall be treated by the Secretary as an on-reservation trust acquisition.
								(ii)Gaming
 (I)In generalExcept as provided in subclause (II), real property taken into trust pursuant to this paragraph shall not be eligible, or used, for any class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).
 (II)ExceptionSubclause (I) shall not apply to any real property located within 2 miles of the gaming facility in existence on the date of enactment of this paragraph located on State Highway 18 in the Grand Ronde community, Oregon.
 (C)ReservationAll real property taken into trust within the boundaries described in subparagraph (A) at any time after September 9, 1988, shall be considered to be a part of the reservation of the Tribes.; and
 (2)in subsection (c)— (A)in the matter preceding the table, by striking in subsection (a) are approximately 10,311.60 and inserting in subsection (a)(1) are the approximately 11,349.92; and
 (B)by striking the table and inserting the following: SouthWestSectionSubdivisionAcres4836SE1/4 SE1/4404731Lots 1,2, NE1/4, E½ NW1/4320.89576All634.02577All638.995718Lots 1 & 2, NE1/4, E½ NW1/4320.07581SE1/4160583All635.60587All661.75588All640589All6405810All6405811All6405812All6405813All6405814All6405815All6405816All6405817All640681SW1/4 SW1/4, W½ SE1/4 SW1/453.78681S½ E½ SE1/4 SW1/410.03677, 8, 17, 18Former tax lot 800, located within the SE1/4 SE1/4 of sec. 7; SW1/4 SW1/4 of sec. 8; NW1/4 NW1/4 of sec. 17; and NE1/4 NE1/4 of sec. 185.554730Lots 3,4, SW1/4 NE1/4, SE1/4 NW1/4, E½ SW1/4241.06681N½ SW1/429.596812W½ SW1/4 NE1/4, SE1/4 SW1/4 NE1/4 NW1/4, N½ SE1/4 NW1/4, N½ SW1/4 SW1/4 SE1/421.706813W½ E½ NW1/4 NW1/45.31677E½ E½57.60678SW1/4 SW1/4 NW1/4, W½ SW1/422.466717NW1/4 NW1/4, N½ SW1/4 NW1/410.846718E½ NE1/443.42681 W½ SE¼ SE¼20.6681N½ SW¼ SE¼ 19.99681SE¼ NE¼ 9.99681NE¼ SW¼10.46681NE¼ SW¼, NW¼ SW¼ 12.99676SW¼ NW¼ 37.39675SE¼ SW¼ 24.87675, 8SW¼ SE¼ of sec. 5; and NE¼ NE¼, NW¼ NE¼, NE¼ NW¼ of sec. 8 109.9681 NW¼ SE¼ 31.32681 NE¼ SW¼ 8.89681SW¼ NE¼, NW¼ NE¼78.4678, 17SW¼ SW¼ of sec. 8; and NE¼ NW¼, NW¼ NW¼ of sec. 1714.336717NW¼ NW¼6.686812SW¼ NE¼8.19681SE¼ SW¼2.0681SW¼ SW¼5.056812SE¼, SW¼54.646717, 18SW¼, NW¼ of sec. 17; and SE¼, NE¼ of sec. 18136.83681SW¼ SE¼20.08675NE¼ SE¼, SE¼ SE¼, E½ SE¼ SW¼97.384731SE¼159.606717NW¼ NW¼3.146812NW¼ SE¼1.10678SW¼ SW¼0.926812NE¼ NW¼1.9967, 87, 12NW¼ NW¼ of sec. 7; and S½ NE1/4 E½ NE1/4 NE1/4 of sec. 1286.486812NE¼ NW¼1.5667,86,1W½ SW¼ SW¼ of sec. 6; and E½ SE1/4 SE1/4 of sec. 135.82675E½ NW¼ SE¼19.886812NW¼ NE¼0.29681SE¼ SW¼2.5678NE¼ NW¼7.16681SE¼ SW¼5.5681SE¼ NW¼1.34  Total11,349.92..Speaker of the House of RepresentativesVice President of the United States and President of the Senate


115 HRES 277 IH: Expressing support for designation of April 2017 as National Stress Awareness Month.
U.S. House of Representatives
2017-04-25
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.

IV115th CONGRESS1st SessionH. RES. 277IN THE HOUSE OF REPRESENTATIVESApril 25, 2017Mr. Cárdenas (for himself, Mr. Butterfield, Mr. Hastings, Ms. Kelly of Illinois, Ms. Lee, Mr. Loebsack, Mr. Meeks, Mr. Payne, Mr. Ryan of Ohio, Mr. Vargas, and Mr. Walz) submitted the following resolution; which was referred to the Committee on Energy and CommerceRESOLUTIONExpressing support for designation of April 2017 as National Stress Awareness Month.

 Whereas the Department of Health and Human Services, National Institutes of Health, National Institute of Mental Health, and Health Resource Network have declared the month of April 2017 as National Stress Awareness Month;
 Whereas three-fourths of employees believe the worker has more on-the-job stress than a generation ago;
 Whereas stress can be brought about by a sudden negative change such as losing a job, divorce, illness, or traumatic event in which one may be seriously hurt or in danger of being killed;
 Whereas the Secretary of Veterans Affairs reports that of veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn who are receiving health care from the Department of Veterans Affairs, more than 570,000 have received a diagnosis for at least 1 mental health disorder;
 Whereas a recent survey by the Cooperative Institutional Research Program at UCLA, found that incoming students in 2014 possessed the lowest self-rated emotional health in 49 years since the survey began;
 Whereas the physical effects of stress can start out as a simple headache or digestive problem, evidence gathered by the Centers for Disease Control and Prevention finds that it can escalate to serious cardiovascular disease and musculoskeletal disorders;
 Whereas research shows that long-term exposure to stress creates an imbalance in grey and white matter in the brain, leading to decreased cognitive function;
 Whereas among workers who report higher levels of stress, on average they miss 20 days of work and necessitate 50-percent higher health care costs compared with other workers;
 Whereas separate studies done through UCLA and the Alzheimer’s Research and Prevention Foundation, and the University of Oregon have showed that 12 minutes a day of meditation can have strong positive effects on reducing stress and lowering cortisol levels that affect memory function;
 Whereas a survey done by the American Psychological Association found that more than half of people say it is very important to manage stress yet less than 37 percent proactively attempt to manage it through eating healthy or being physically active;
 Whereas eating a healthy, well-balanced diet can help reduce stress and benefit both one’s personal environment and the broader global environment;
 Whereas it is important to take time for oneself through exercise, meditation, and proper rest, in order to reduce stress; and
 Whereas the month of April 2017 has been declared as National Stress Awareness Month by numerous groups: Now, therefore, be it

 That the House of Representatives— (1)supports the designation of National Stress Awareness Month;
 (2)supports the goals and ideas of National Stress Awareness Month; (3)honors and recognizes the efforts made by the Department of Health and Human Services to educate people in the United States about the causes, symptoms, and treatment of stress; and
 (4)encourages the people of the United States to observe National Stress Awareness Month by taking the opportunity to learn about and implement positive stress reduction methods.


		I
		112th CONGRESS
		2d Session
		H. R. 4656
		IN THE HOUSE OF REPRESENTATIVES

			April 25, 2012
			Mr. Butterfield
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on certain eyelash
		  curlers.

		1.Certain eyelash
			 curlers
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Eyelash curlers, nonthermic and nonornamental (provided for in
						subheading 9615.90.20)FreeNo changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


115 S2216 IS: Disaster Assistance Recoupment Fairness Act of 2017
U.S. Senate
2017-12-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 2216IN THE SENATE OF THE UNITED STATESDecember 11, 2017Mr. Menendez (for himself, Mr. Schumer, Mr. Kennedy, Mr. Booker, Mr. Cassidy, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo waive and repay certain debts relating to assistance provided to individuals and households.

 1.Short titleThis Act may be cited as the Disaster Assistance Recoupment Fairness Act of 2017. 2.Debts arising since 2012 (a)DefinitionIn this section, the term covered assistance means assistance provided—
 (1)under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174); and
 (2)in relation to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) during the period beginning on January 1, 2012, and ending on the date of enactment of this Act.
 (b)Waiver authorityThe Administrator of the Federal Emergency Management Agency shall waive a debt owed to the United States related to covered assistance provided to an individual or household, unless the debt involves fraud, the intentional presentation of a false claim, or intentional misrepresentation by the debtor or any party having an interest in the claim.
 (c)Repayment authorityThe Administrator of the Federal Emergency Management Agency shall reimburse a debtor for any payments made by the debtor on a debt owed to the United States related to covered assistance, if the Administrator would have otherwise been required to waive the debt under subsection (b).


110 HR 2717 IH: Access to Medical Treatment

U.S. House of Representatives
2007-06-14
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.

		I
		110th CONGRESS
		1st Session
		H. R. 2717
		IN THE HOUSE OF REPRESENTATIVES

			June 14, 2007
			Mr. Burton of Indiana
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To permit an individual to be treated by a health care
		  practitioner with any method of medical treatment such individual requests, and
		  for other purposes.

		1.Short titleThis Act may be cited as the
			 Access to Medical Treatment
			 Act.
		2.DefinitionsIn this Act:
			(1)Advertising
			 claimThe term advertising claim means any
			 representation made or suggested by statement, word, design, device, sound, or
			 any combination thereof with respect to a medical treatment.
			(2)DangerThe
			 term danger means an adverse reaction to an unapproved drug or
			 medical device that, when used as directed—
				(A)causes serious
			 harm;
				(B)occurred as a
			 result of the medical treatment;
				(C)would not
			 otherwise have occurred; and
				(D)is more serious
			 than reactions experienced with routinely used medical treatments approved by
			 the Food and Drug Administration for the same medical condition or
			 conditions.
				(3)DeviceThe
			 term device has the meaning given such term in section 201(h) of
			 the Federal Food, Drug, and Cosmetic
			 Act (21 U.S.C.321(h)).
			(4)DrugThe
			 term drug has the meaning given such term in section 201(g)(1) of
			 the Federal Food, Drug, and Cosmetic
			 Act (21 U.S.C. 321 (g)(1)).
			(5)FoodThe
			 term food—
				(A)has the meaning
			 given such term in section 201(f) of the Federal Food, Drug, and Cosmetic Act (21
			 U.S.C. 321(f)); and
				(B)includes a dietary
			 supplement as defined in section 201(ff) of such Act.
				(6)Health care
			 practitionerThe term health care practitioner means
			 a physician or other individual who is legally authorized to provide health
			 care services in the State in which the services are provided.
			(7)Interstate
			 commerceThe term interstate commerce means commerce
			 between any State or territory and any place outside thereof, and commerce
			 within the District of Columbia or within any other territory not organized
			 with a legislative body.
			(8)LabelThe
			 term label has the meaning given such term in section 201(k) of
			 the Federal Food, Drug, and Cosmetic
			 Act (21 U.S.C. 321(k)).
			(9)LabelingThe
			 term labeling has the meaning given such term in section 201(m) of
			 the Federal Food, Drug, and Cosmetic
			 Act (21 U.S.C. 321(m)).
			(10)Legal
			 representativeThe term legal representative means a
			 parent or an individual who qualifies as a legal guardian under applicable
			 State law.
			(11)Medical
			 deviceThe term medical device has the meaning given
			 the term device in section 201(h) of the
			 Federal Food, Drug, and Cosmetic Act
			 (21 U.S.C. 321(h)).
			(12)Medical
			 treatmentThe term medical treatment means any food,
			 drug, device, or procedure that is used and intended as a cure, mitigation,
			 treatment, or prevention of disease or a health condition.
			(13)PatientThe
			 term patient means any individual who seeks medical treatment from
			 a health care practitioner for a disease or health condition.
			(14)SecretaryThe
			 term Secretary means the Secretary of Health and Human
			 Services.
			(15)SellerThe
			 term seller means an individual or organization that receives
			 payment related to the medical treatment of a patient of a health practitioner,
			 except that this term does not apply to a health care practitioner who receives
			 payment from an individual or representative of such individual for the
			 administration of a medical treatment to such individual.
			(16)Unapproved drug
			 or medical deviceThe term unapproved drug or medical
			 device with respect to a drug or medical device, means a drug or medical
			 device that is not approved or authorized for manufacture, sale, and
			 distribution in interstate commerce under section 505, 510, or 515 of the
			 Federal Food, Drug, and Cosmetic Act
			 (21 U.S.C 355, 360c, and 360(e)) or under section 351 of the
			 Public Health Service Act (42 U.S.C.
			 262).
			3.Access to medical
			 treatment
			(a)In
			 generalNotwithstanding any other provision of law, and except as
			 provided in subsection (b), an individual shall have the right to be treated by
			 a health care practitioner with any medical treatment (including a medical
			 treatment that is not approved, certified, or licensed by the Secretary) that
			 such individual desires, or that the legal representative of such individual
			 authorizes, if—
				(1)such practitioner
			 has personally examined such individual and agrees to provide treatment to such
			 individual;
				(2)the administration
			 of such treatment does not violate applicable licensing laws;
				(3)the health care
			 practitioner complies with the requirements of subsection (b); and
				(4)it is a medical treatment that has not been
			 approved, certified, or licensed by the Secretary, or is any medical treatment
			 that has been approved by the designated governmental agency for a member
			 country of the European Union or the European Free Trade Association, Canada,
			 Australia, New Zealand, or Japan but not otherwise approved, certified, or
			 licensed by the Secretary.
				(b)Medical
			 treatment requirements
				(1)In
			 generalA health care practitioner may provide the medical
			 treatment requested by an individual described in subsection (a) if—
					(A)there is no reason
			 for the practitioner to conclude that, based on generally accepted principles
			 and current information, the medical treatment requested, when used or provided
			 as directed, will cause danger to the patient;
					(B)in the case of an
			 individual whose treatment is the administration of a food, drug, or device
			 that has to be approved, certified, or licensed by the Secretary, but has not
			 been so approved, certified, or licensed—
						(i)such
			 individual has been informed in writing that such food, drug, or device has not
			 been approved, certified, or licensed by the Secretary for use as a medical
			 treatment of the medical condition of such individual; and
						(ii)prior to the
			 administration of such treatment, the practitioner has provided the patient a
			 written statement that includes the following provision: WARNING: This
			 food, drug, or device has not been declared to be safe and effective by the
			 Federal Government and any individual who uses such food, drug, or device does
			 so at his or her own risk.;
						(C)such individual has
			 been informed in writing of the nature of the medical treatment,
			 including—
						(i)the
			 contents and methods of such treatment;
						(ii)the
			 anticipated benefits of such treatment;
						(iii)any reasonably
			 foreseeable side effects that may result from such treatment;
						(iv)the
			 results of past application of such treatment by the health care practitioner
			 and others; and
						(v)any
			 other information necessary to fully meet the requirements for informed consent
			 of human subjects prescribed by regulations issued by the Food and Drug
			 Administration;
						(D)except as provided
			 in subsection (c), there have been no advertising claims made with respect to
			 the efficacy of the medical treatment by the practitioner, manufacturer, or
			 distributor;
					(E)the label or
			 labeling of any food, drug, or device that is a part of the requested medical
			 treatment is not false or misleading;
					(F)such
			 individual—
						(i)has
			 been provided with a written statement that such individual has been fully
			 informed with respect to the information described in subparagraphs (A) through
			 (D);
						(ii)desires such
			 treatment; and
						(iii)signs such
			 statement; and
						(G)the health care
			 practitioner provides the patient with a recommendation for the treatment
			 involved under circumstances that give the patient sufficient opportunity to
			 consider whether or not to use such treatment.
					(2)Burden of
			 proofIn any proceeding relating to the enforcement of paragraph
			 (1)(E) with respect to the label of a drug, device, or food used in medical
			 treatment covered under this subsection, the provisions of section 403B(c) of
			 the Federal Food, Drug, and Cosmetic
			 Act (21 U.S.C. 343–2(c)) shall apply with respect to establishing
			 the burden of proof that such label is false or misleading.
				(3)Rule of
			 constructionNothing in this section shall be construed to
			 require informed consent for the prescription of dietary supplements and foods
			 not requiring such informed consent prior to the date of the enactment of this
			 Act.
				(c)Claim
			 exceptions
				(1)Reporting by a
			 health care practitionerSubsection (b)(1)(D) shall not apply to
			 an accurate and truthful reporting by a health care practitioner of the results
			 of the practitioner’s administration of a medical treatment in recognized
			 journals, at seminars, conventions, or similar meetings, or to others, so long
			 as the reporting practitioner has no direct or indirect financial interest in
			 the reporting of the material and has received no financial benefits of any
			 kind from the manufacturer, distributor, or other seller for such reporting.
			 Such reporting may not be used by a manufacturer, distributor, or other seller
			 to advance the sale of such treatment.
				(2)Statements by a
			 practitioner to a patientSubsection (b)(1)(D) shall not apply to
			 any statement made by a health care practitioner directly to a patient or
			 prospective patient. A health care practitioner shall not be held liable for
			 any advertising claims made by others unless the practitioner is a party in the
			 dissemination of the information in such claims.
				(3)Dietary
			 supplements statementSubsection (b)(1)(D) shall not apply to
			 statements or claims permitted under sections 403B and 403(r)(6) of the
			 Federal Food, Drug, and Cosmetic Act
			 (21 U.S.C. 343–2 and 343(r)(6)).
				4.Reporting of a
			 dangerous medical treatment
			(a)Health care
			 practitionerIf a health care practitioner, after administering a
			 medical treatment, discovers that the treatment itself was a danger to the
			 individual receiving such treatment, the practitioner shall—
				(1)immediately cease
			 the use of such treatment;
				(2)refrain from
			 recommending the use of any unapproved drug or medical device that was a part
			 of such treatment;
				(3)report to the
			 manufacturer and the Director of the Centers for Disease Control and
			 Prevention—
					(A)the nature of such
			 treatment;
					(B)the results of
			 such treatment;
					(C)the complete
			 protocol of such treatment; and
					(D)the source from
			 which such treatment or any part thereof was obtained; and
					(4)include as part of
			 the reporting under paragraph (3), an affidavit pursuant to section 1746 of
			 title 28, United States Code, confirming that all statements made in the report
			 under such paragraph are accurate.
				(b)SecretaryUpon
			 confirmation that a medical treatment has proven dangerous to individuals, the
			 Secretary shall properly disseminate information with respect to the danger of
			 the medical treatment and prohibit the further use of such treatment.
			5.Reporting of a
			 beneficial medical treatmentIf a health care practitioner, after
			 administering a medical treatment that is not an approved drug or medical
			 device for a life-threatening medical condition or conditions, discovers that
			 such medical treatment has, in the opinion of the health care practitioner,
			 positive effects on such condition or conditions that are significantly greater
			 than the positive effects that are expected from an approved medical treatment
			 for the same condition or conditions, the practitioner shall—
			(1)make a monthly
			 reporting to the National Center for Complementary and Alternative Medicine at
			 the National Institutes of Health of—
				(A)the nature of such
			 medical treatment (which is not a conventional medical treatment);
				(B)the general
			 results of such treatment administered in the month involved; and
				(C)the protocol of
			 such treatment; and
				(2)provide an
			 affidavit pursuant to section 1746 of title 28, United States Code, confirming
			 that all statements made in the monthly reporting under paragraph (1) are
			 accurate and truthful.
			6.Transportation
			 and production of food, drugs, devices, and other equipment
			(a)In
			 generalNotwithstanding any other provision of the
			 Federal Food, Drug, and Cosmetic Act
			 (21 U.S.C. 201 et seq.), an individual may—
				(1)introduce or
			 deliver into interstate commerce a food, drug, device, or any other equipment;
			 and
				(2)produce,
			 transport, receive and hold a food, drug, device, or any other
			 equipment,
				solely for
			 use in accordance with this Act if there have been no advertising claims by the
			 manufacturer, distributor, or seller of the food, drug, device, or equipment
			 involved.(b)Rule of
			 constructionNothing in this Act shall be construed to limit or
			 interfere with the authority of a health care practitioner to prescribe,
			 recommend, provide, or administer to a patient for any medical condition or
			 disease any unapproved drug or medical device that is lawful under the law of
			 the State or States in which the health care practitioner practices.
			7.Other laws not
			 affected by this ActNothing
			 in this Act shall be construed to—
			(1)apply to the
			 manufacturer, distribution, possession, or use of any drug that is a controlled
			 substance under the Controlled Substances
			 Act (21 U.S.C. 801 et seq.);
			(2)apply to statements
			 or claims permitted or authorized under sections 403 and 403B of the
			 Federal Food, Drug, and Cosmetic Act
			 (21 U.S.C. 343, 343–2); or
			(3)in any way
			 adversely affect the distribution or sale of dietary supplements (as defined in
			 section 201(ff) of the Federal Food, Drug, and
			 Cosmetic Act (21 U.S.C. 321(f)).
			8.PenaltyA health care practitioner who knowingly
			 violates any provision of this Act shall not be covered by the protections
			 under this Act and shall be subject to all other applicable laws and
			 regulations.


		II
		112th CONGRESS
		1st Session
		S. 1715
		IN THE SENATE OF THE UNITED STATES

			October 17, 2011
			Mrs. Gillibrand
			 introduced the following bill; which was read twice and referred to the
			 Committee on Agriculture, Nutrition, and
			 Forestry

		A BILL
		To replace current dairy product price support and milk
		  income loss contract programs with a program to protect dairy producer income
		  when the difference between milk prices and feed costs is less than a specified
		  amount, to establish a dairy market stabilization program, and for other
		  purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited as the Dairy Pricing Reform and Farmer Protection Act of
			 2011.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					TITLE I—Federal milk marketing reform
					Sec. 101. Federal milk marketing reform.
					TITLE II—Dairy Producer Margin Protection Program
					Sec. 201. Definitions.
					Sec. 202. Dairy producer margin protection program.
					Sec. 203. Eligibility and registration of dairy producers for
				program.
					Sec. 204. Establishment of production history of registered
				dairy producers.
					Sec. 205. Basic margin protection.
					Sec. 206. Supplemental margin protection.
					Sec. 207. No payment limitations.
					Sec. 208. Use of Commodity Credit Corporation.
					Sec. 209. Duration.
					TITLE III—Dairy Market Stabilization Program
					Sec. 301. Definitions.
					Sec. 302. Dairy market stabilization program.
					Sec. 303. Program threshold for implementation and reduction in
				dairy producer payments.
					Sec. 304. Collection of producer milk marketings
				information.
					Sec. 305. Calculation of reduced dairy producer
				payments.
					Sec. 306. Limited availability of amounts remitted to
				Secretary.
					Sec. 307. Suspension of reduced payment
				requirement.
					Sec. 308. Audit of producer and handler compliance.
					Sec. 309. Program board.
					Sec. 310. Duration.
					TITLE IV—Miscellaneous
					Sec. 401. Repeals.
					Sec. 402. Regulations.
					Sec. 403. Budgetary effects.

			IFederal milk
			 marketing reform
			101.Federal milk
			 marketing reform
				(a)In
			 generalNot later than 180 days after the date of enactment of
			 this Act, the Secretary of Agriculture shall conduct hearings to assess the
			 implications of transitioning Federal milk marketing orders from end-product
			 pricing to a competitive pay pricing system.
				(b)RequirementsIn conducting hearings under this section,
			 the Secretary shall—
					(1)ensure that
			 market administrators conduct a thorough analysis of—
						(A)the reforms to
			 the Federal milk marketing orders proposed by the Maine Dairy Industry Advisory
			 Council; and
						(B)the reforms
			 included in H.R. 3062, 112th Congress, as introduced on September 23,
			 2011;
						(2)analyze the
			 implications of transitioning from a 4-class system for milk products to a
			 2-class system;
					(3)explore methods
			 to improve signals for price discovery in the short- and long-term to allow
			 dairy producers to better use risk management tools;
					(4)assess whether a
			 2-class competitive pay pricing system for milk products would be more or less
			 transparent than the system in effect as of the day before the date of
			 enactment of this Act; and
					(5)analyze the
			 impact of eliminating a minimum regulated price on price volatility in dairy
			 markets.
					IIDairy Producer
			 Margin Protection Program
			201.DefinitionsIn this title:
				(1)Actual dairy
			 producer marginThe term
			 actual dairy producer margin means the difference between the
			 all-milk price and the average feed cost, as calculated under section
			 202(d).
				(2)All-milk
			 priceThe term all-milk price means the average
			 price received, per hundredweight of milk, by dairy producers for all milk sold
			 to plants and dealers in the United States, as reported by the National
			 Agricultural Statistics Service.
				(3)Average feed
			 costThe term average
			 feed cost means the average cost of feed used by a dairy operation to
			 produce a hundredweight of milk, determined under section 202(c) using the sum
			 obtained by adding—
					(A)the product
			 obtained by multiplying—
						(i)1.192; by
						(ii)the price of
			 corn per bushel;
						(B)the product obtained by multiplying—
						(i)0.00817; by
						(ii)the price of soybean meal per ton;
			 and
						(C)the product obtained by multiplying—
						(i)0.0152; by
						(ii)the price of alfalfa hay per ton.
						(4)Consecutive
			 2-month periodThe term consecutive 2-month period
			 refers to the 2-month period consisting of the months of January and February,
			 March and April, May and June, July and August, September and October, or
			 November and December, respectively.
				(5)Dairy
			 producerThe term dairy
			 producer means an individual or entity that directly or indirectly (as
			 determined by the Secretary)—
					(A)shares in the risk
			 of producing milk; and
					(B)makes
			 contributions (including land, labor, management, equipment, or capital) to the
			 dairy operation of the individual or entity that are at least commensurate with
			 the share of the individual or entity of the proceeds of the operation.
					(6)Production
			 history
					(A)In
			 generalExcept as provided in
			 subparagraph (B), the term production history, with respect to a
			 dairy producer, means the highest annual milk production of the dairy producer
			 during any 1 of the 3 calendar years immediately preceding the registration of
			 the dairy producer with the Secretary for participation in the program.
					(B)New
			 producersIf a dairy producer
			 has been in operation for less than a year, the Secretary shall determine the
			 production history of the dairy producer by extrapolating the actual milk
			 production for the months the dairy producer has been in operation to a yearly
			 production amount.
					(7)ProgramThe term program means the
			 dairy producer margin protection program required by this title.
				(8)Projected dairy
			 producer marginThe term
			 projected dairy producer margin means the estimate prepared by the
			 Secretary pursuant to section 202(b).
				(9)SecretaryThe term Secretary means the
			 Secretary of Agriculture.
				(10)United
			 StatesThe term United
			 States, in a geographical sense, means the 50 States.
				202.Dairy producer
			 margin protection program
				(a)In
			 generalThe Secretary shall
			 establish and administer a dairy producer margin protection program for the
			 purpose of protecting dairy producer income through the provision of basic
			 margin protection payments and, if purchased by a dairy producer, supplemental
			 margin protection payments when actual dairy producer margins are less than the
			 threshold levels for the payments.
				(b)Estimation of
			 projected dairy producer margin
					(1)In
			 generalThe Secretary shall
			 prepare an estimate of the projected dairy producer margin for the 5-year
			 period beginning on January 1, 2012, consisting of the difference
			 between—
						(A)an estimate of the average all-milk price,
			 per hundredweight of milk, for that period; and
						(B)an estimate of average feed cost for that
			 period.
						(2)PublicationThe Secretary shall publish the estimate of
			 the projected dairy producer margin in the Federal Register as soon as
			 practicable after the date of enactment of this Act, but in no case later than
			 90 days after that date.
					(c)Calculation of
			 average feed costNot later
			 than the fifth day after the end of each consecutive 2-month period, the
			 Secretary shall calculate the national average feed cost for that consecutive
			 2-month period using the following data:
					(1)The price of corn for each month of that
			 consecutive 2-month period shall be the price received during that month by
			 agricultural producers in the United States for corn, as reported by the
			 National Agricultural Statistics Service.
					(2)The price of soybean meal for each month of
			 that consecutive 2-month period shall be the price received during that month
			 by agricultural producers in the United States for soybean meal, as reported by
			 the Agricultural Marketing Service.
					(3)The price of alfalfa hay for each month of
			 that consecutive 2-month period shall be the price received during that month
			 by agricultural producers in the United States for alfalfa hay, as reported by
			 the National Agricultural Statistics Service.
					(d)Calculation of
			 actual dairy producer marginThe Secretary shall calculate the actual
			 dairy producer margin for each consecutive 2-month period by
			 subtracting—
					(1)the average feed
			 cost for that consecutive 2-month period, determined in accordance with
			 subsection (c); from
					(2)the all-milk price
			 for that consecutive 2-month period.
					203.Eligibility and
			 registration of dairy producers for program
				(a)Eligibility
					(1)In
			 generalSubject to paragraph
			 (2), all dairy producers in the United States shall be eligible to participate
			 in the program.
					(2)RequirementA dairy producer shall be required to be
			 registered with the Secretary before the producer may—
						(A)receive basic
			 margin protection payments under section 205; and
						(B)if purchased by
			 the dairy producer, supplemental margin protection payments under section
			 206.
						(b)Registration
					(1)In
			 generalThe Secretary
			 shall—
						(A)register all interested dairy producers in
			 the program; and
						(B)specify the manner and form by which a
			 dairy producer may register.
						(2)Existing Dairy
			 ProducersDuring the 1-year period beginning on the date of
			 enactment of this Act, a dairy producer who is actively engaged in a dairy
			 operation as of that date may register with the Secretary—
						(A)to receive basic
			 margin protection; and
						(B)if the dairy
			 producer chooses, to purchase supplemental margin protection.
						(3)New
			 EntrantsA dairy producer who
			 has no existing interest in a dairy operation as of the date of enactment of
			 this Act, but who, after that date, establishes a new dairy operation, may
			 register with the Secretary during the 180-day period beginning on the date on
			 which the dairy operation first markets milk commercially—
						(A)to receive basic
			 margin protection; and
						(B)if the dairy
			 producer chooses, to purchase supplemental margin protection.
						(4)Treatment of
			 multi-producer operationsIf
			 a dairy operation consists of more than 1 dairy producer, all of the dairy
			 producers of the operation shall be treated as a single dairy producer for
			 purposes of registration—
						(A)to receive basic
			 margin protection; and
						(B)at the election of
			 the producers, to purchase supplemental margin protection.
						(5)Treatment of
			 Producers with Multiple dairy OperationsIf a dairy producer operates 2 or more
			 dairy operations, each dairy operation of the producer shall require a separate
			 registration—
						(A)to receive basic
			 margin protection; and
						(B)at the election of
			 the producer, to purchase supplemental margin protection.
						(c)ReconstitutionThe Secretary shall ensure that a dairy
			 producer does not reconstitute a dairy operation for the sole purpose of
			 receiving basic margin protection or supplemental margin protection.
				204.Establishment
			 of production history of registered dairy producers
				(a)Establishment of
			 production history
					(1)EstablishmentWhen a dairy producer registers with the
			 Secretary for participation in the program, the dairy producer shall provide
			 all information required by the Secretary to establish the production history
			 of the dairy operation of the producer.
					(2)DurationOnce the production history is established
			 for a dairy producer upon registration, the production history shall not be
			 changed for the duration of the participation by the dairy producer in the
			 program.
					(b)Transfer of
			 production history of existing dairy producers
					(1)Transfer by
			 sale
						(A)Request for
			 transferIf an existing dairy
			 producer, as described in section 203(b)(2), sells an entire dairy operation to
			 another party, the seller and purchaser may jointly request that the Secretary
			 transfer the production history of the seller to the purchaser.
						(B)TransferIf
			 the Secretary determines that the seller has sold the entire dairy operation to
			 the purchaser—
							(i)the
			 Secretary shall approve the transfer; and
							(ii)after the
			 approval of the transfer, the seller shall have no interest in that production
			 history.
							(2)Transfer by
			 Lease
						(A)Request for
			 transferIf an existing dairy
			 producer, as described in section 203(b)(2), leases an entire dairy operation
			 to another party, the lessor and lessee may jointly request that the Secretary
			 transfer the production history of the lessor to the lessee for the duration of
			 the term of the lease.
						(B)TransferIf the Secretary determines that the lessor
			 has leased the entire dairy operation to the lessee—
							(i)the Secretary shall approve the transfer;
			 and
							(ii)after the approval of the transfer, the
			 lessor shall have no interest in that production history for the duration of
			 the term of the lease.
							(3)Coverage
			 levelA purchaser or lessee
			 to whom the Secretary transfers a production history under this subsection may
			 not obtain a different level of basic margin protection or supplemental margin
			 protection coverage than the basic margin protection or supplemental margin
			 protection coverage held by the seller or lessor from whom the purchaser or
			 lessee obtained the production history.
					(c)Transfer of
			 production history of new entrantsThe Secretary may not transfer
			 the production history of a dairy producer described in section 203(b)(3) to
			 another person.
				(d)Movement and
			 transfer of production history
					(1)Movement and
			 transfer authorizedSubject
			 to paragraph (2), if a dairy producer moves from 1 location to another
			 location, the dairy producer may maintain the production history associated
			 with the operation.
					(2)Notification
			 requirementA dairy producer shall notify the Secretary of any
			 move of a dairy operation under paragraph (1).
					(3)Subsequent
			 occupation of vacated locationA party subsequently occupying a dairy
			 operation location vacated as described in paragraph (1) shall have no interest
			 in the production history previously associated with the operation at the
			 location.
					205.Basic margin
			 protection
				(a)EligibilityEach dairy producer registered to
			 participate in the program shall be eligible to receive basic margin protection
			 under the program through a 2-tier system described in subsection (c).
				(b)No Cost to Dairy
			 ProducerBasic margin protection shall be provided to a
			 registered dairy producer at no cost to the dairy producer.
				(c)Payment
			 threshold
					(1)First
			 tierAll registered dairy
			 producers shall receive a basic margin protection payment for the first
			 2,985,000 pounds of actual milk production of the dairy producer for the
			 calendar year whenever the average actual dairy producer margin for a
			 consecutive 2-month period is less than $6.00 per hundredweight of milk
			 (referred to in this section as the first tier payment
			 threshold).
					(2)Second
			 tierAll registered dairy producers shall receive a basic margin
			 protection payment for all pounds of actual milk production of the dairy
			 producer for the calendar year that is in excess of 2,985,000 pounds whenever
			 the average actual dairy producer margin for a consecutive 2-month period is
			 less than $4.00 per hundredweight of milk (referred to in this section as the
			 second tier payment threshold).
					(d)Basic margin
			 protection payment
					(1)Payment
			 requiredThe Secretary shall
			 make a basic margin protection payment to each registered dairy producer for a
			 consecutive 2-month period whenever the payment is required by subsection (c)
			 for that period.
					(2)Amount of
			 paymentThe basic margin
			 protection payment for the dairy operation of a dairy producer for a
			 consecutive 2-month period shall be equal to (as determined by the Secretary)
			 the product obtained by multiplying—
						(A)the difference
			 between—
							(i)the
			 average actual dairy producer margin for the consecutive 2-month period;
			 and
							(ii)(I)in the case of milk
			 under the first tier payment threshold, $6.00; and
								(II)in the case of milk under the second
			 tier payment threshold, $4.00; and
								(B)the lesser of—
							(i)the
			 quotient obtained by dividing—
								(I)(aa)in the case of milk
			 under the first tier payment threshold, 90 percent of the production history of
			 the dairy producer; and
									(bb)in the case of milk under the second
			 tier payment threshold, 70 percent of the production history of the dairy
			 producer; by
									(II)6; and
								(ii)the
			 actual amount of milk produced by the dairy operation of the dairy producer
			 during the consecutive 2-month period.
							206.Supplemental
			 margin protection
				(a)Election of
			 supplemental margin protectionAt the time of program registration of a
			 dairy producer, the dairy producer may purchase supplemental margin protection
			 under the program.
				(b)Payment
			 threshold and percentage of production history covered
					(1)Election of
			 payment thresholdA dairy
			 producer purchasing supplemental margin protection may elect a coverage level
			 that is higher, in any increment of $0.50, than the payment threshold for basic
			 margin protection specified in section 205(c), but not to exceed the lesser
			 of—
						(A)the projected
			 dairy producer margin; or
						(B)$8.00.
						(2)Election of
			 production history percentageA dairy producer purchasing supplemental
			 margin protection shall elect a percentage, equal to not more than 90 percent
			 nor less than 25 percent, of the production history of the producer to be
			 covered by supplemental margin protection.
					(c)Producer
			 PremiumsNot later than
			 January 15 of each year for which supplemental margin protection is available,
			 a dairy producer purchasing supplemental margin protection shall pay a premium
			 equal to the product obtained by multiplying—
					(1)the percentage of
			 production history elected by the producer under subsection (b)(3);
					(2)the production
			 history of the producer for the calendar year; and
					(3)the premium per
			 hundredweight of milk, as follows:

									Coverage LevelPremium per Cwt.

									$4.50$0.015

									$5.00$0.036

									$5.50$0.081

									$6.00$0.155

									$6.50$0.230

									$7.00$0.434

									$7.50$0.590

									$8.00$0.922.

					(d)Premium
			 obligations of producer
					(1)Pro-ration of
			 first year premiumA dairy producer who purchases supplemental
			 margin protection after initial program registration shall pay a prorated
			 premium for the first year based on the date on which the producer purchases
			 the coverage.
					(2)Subsequent
			 premiumsExcept as otherwise provided in paragraph (1), the
			 annual premium for a dairy producer shall be fixed at the level determined
			 under subsection (c) for each year of the program.
					(3)Legal
			 obligation
						(A)In
			 generalExcept as provided in subparagraphs (B) and (C), a dairy
			 producer who elects to purchase supplemental margin protection shall be legally
			 obligated to pay the applicable premiums for the entire period of the program,
			 and may not opt out of the program.
						(B)Death of dairy
			 producerIf a dairy producer dies, the estate of the deceased may
			 cancel the supplemental margin protection and shall not be responsible for any
			 further premium payments.
						(C)Retirement of
			 dairy producerIf a dairy
			 producer retires, the producer may request that the Secretary cancel the
			 supplemental margin protection if the producer has terminated the dairy
			 operation entirely and certifies under oath that the producer will not be
			 actively engaged in any dairy operation for at least the subsequent 7
			 years.
						(4)Loss of
			 Benefits; repaymentA dairy
			 producer who is in arrears on premium payments for supplemental margin
			 protection for more than 90 days shall—
						(A)remain legally obligated to pay the
			 premiums;
						(B)repay supplemental margin protection
			 payments previously paid to the producer; and
						(C)lose the right to
			 receive any further supplemental margin protection payments.
						(e)Supplemental
			 Payment thresholdA dairy producer who has purchased supplemental
			 margin protection shall receive a payment whenever the average actual dairy
			 producer margin for a consecutive 2-month period is less than the coverage
			 level elected by the dairy producer under subsection (b)(2).
				(f)Supplemental
			 margin protection payments
					(1)In
			 generalThe supplemental
			 margin protection payment for a dairy producer shall be—
						(A)made on the actual milk production of the
			 dairy producer for the calendar year; and
						(B)in addition to the basic margin protection
			 payment that is made on the actual milk production of the dairy producer for
			 the calendar year.
						(2)Amount of
			 paymentThe supplemental
			 margin protection payment for the dairy operation of a dairy producer shall be
			 equal to (as determined by the Secretary) the product obtained by
			 multiplying—
						(A)the difference between the elected coverage
			 level under subsection (b)(2) and the greater of—
							(i)the
			 average actual dairy producer margin for the consecutive 2-month period;
			 or
							(ii)$6.00;
							(B)the percentage of production history
			 elected by the dairy producer under subsection (b)(3); and
						(C)the lesser of—
							(i)the
			 quotient obtained by dividing—
								(I)the production
			 history of the dairy producer for the calendar year; by
								(II)6; and
								(ii)the
			 actual amount of milk produced by the dairy operation of the dairy producer
			 during the consecutive 2-month period.
							207.No payment
			 limitationsNotwithstanding
			 any other provision of law, basic margin protection payments and supplemental
			 margin protection payments received by a dairy producer under the program shall
			 not be subject to limitations for any reason.
			208.Use of
			 Commodity Credit CorporationThe Secretary shall use the funds,
			 facilities, and the authorities of the Commodity Credit Corporation to carry
			 out this title.
			209.DurationThe Secretary shall conduct the program
			 during the period beginning on January 1, 2012, and ending on December 31,
			 2017.
			IIIDairy Market
			 Stabilization Program
			301.DefinitionsIn this title:
				(1)Dairy
			 producerThe term dairy
			 producer means an individual or entity that directly or indirectly (as
			 determined by the Secretary)—
					(A)shares in the risk
			 of producing milk; and
					(B)makes
			 contributions (including land, labor, management, equipment, or capital) to the
			 dairy farming operation of the individual or entity that are at least
			 commensurate with the share of the individual or entity of the proceeds of the
			 operation.
					(2)Handler
					(A)In
			 generalThe term
			 handler means a person making payment to a dairy producer for milk
			 produced in the United States and marketed for commercial use.
					(B)Producer-handlerThe
			 term includes a producer-handler.
					(3)ProgramThe term program means the
			 dairy market stabilization program established under this title.
				(4)Program
			 baseThe term program base, with respect to a dairy
			 producer, means the program base calculated for the producer under section
			 302(b).
				(5)Program
			 boardThe term program board means the board of
			 directors appointed by the Secretary under section 309.
				(6)SecretaryThe term Secretary means the
			 Secretary of Agriculture.
				(7)United
			 StatesThe term United
			 States, in a geographical sense, means the 50 States.
				302.Dairy market
			 stabilization program
				(a)In
			 generalThe Secretary shall
			 establish and administer a dairy market stabilization program applicable to all
			 dairy producers in the United States for the purpose of balancing the supply of
			 milk with demand when the total percent production growth in milk products in a
			 Federal milk marketing order exceeds the combined percent growth in Class I,
			 II, and III milk products.
				(b)Election of
			 program base calculation method
					(1)Deadline for
			 electionNot later than
			 January 15, 2012, each dairy producer shall inform the Secretary of the method
			 by which the program base for the producer for 2012 will be calculated under
			 paragraph (5).
					(2)Change in
			 calculation methodFor each year after 2012, a dairy producer may
			 change the program base calculation method to be used for a calendar year by
			 notifying the Secretary of the change not later than January 15 of that
			 year.
					(3)Treatment of
			 multi-producer operationsIf
			 a dairy operation consists of more than 1 dairy producer, all of the dairy
			 producers of the operation shall jointly make the election under paragraph (1)
			 with respect to the operation and jointly make any change to that election
			 under paragraph (2).
					(4)Treatment of
			 Producers with multiple dairy operationsIf a dairy producer operates 2 or more
			 dairy operations, each dairy operation of the producer shall require a separate
			 election under paragraph (1).
					(5)Calculation
			 methodsA dairy producer may elect either of the following
			 methods for calculation of the program base for the producer:
						(A)The volume of the
			 average monthly milk marketings of the dairy producer for the 3 months
			 immediately preceding the announcement by the Secretary that the program will
			 become effective.
						(B)The volume of the monthly milk marketings
			 of the dairy producer for the same month in the preceding year as the month for
			 which the Secretary has announced the program will become effective.
						303.Program
			 threshold for implementation and reduction in dairy producer payments
				(a)In
			 generalThe Secretary shall
			 announce that the program is in effect and order reduced payments to any dairy
			 producer who exceeds the applicable percentage of the program base of the
			 producer whenever the total percent production growth in milk products in a
			 Federal milk marketing order exceeds the combined percent growth in Class I,
			 II, and III milk products for the immediately preceding 2 months.
				(b)Effective date
			 for implementation of payment reductionsReductions in dairy
			 producer payments shall commence beginning on the first day of the month
			 immediately following the announcement by the Secretary under subsection
			 (a).
				304.Collection of
			 producer milk marketings information
				(a)Collection by
			 handlersFor each month
			 during which the program is in effect, each handler shall calculate the
			 following:
					(1)The volume of milk
			 marketings the handler has received from each dairy producer during that
			 month.
					(2)The volume of milk marketings the handler
			 has received from each dairy producer during the same month of the preceding
			 year.
					(3)The volume of milk marketings the handler
			 has received from each dairy producer during each of the 3 months preceding the
			 month in which the Secretary makes the announcement that the program will be in
			 effect.
					(b)Effect of
			 changing handlersIf a dairy producer changes handlers, the
			 producer shall ensure that milk marketings data required to make the
			 calculations under subsection (a) is provided to the new handler.
				305.Calculation of
			 reduced dairy producer payments
				(a)Reduced producer
			 payments requiredDuring any month in which payment reductions
			 are in effect under the program, each handler shall—
					(1)reduce payments to
			 each dairy producer from whom the handler receives milk, if payment reductions
			 are required by this section; and
					(2)remit to the Secretary the amount by which
			 payments are reduced.
					(b)ReconstitutionThe Secretary shall ensure that a dairy
			 producer does not reconstitute a dairy operation for the sole purpose of
			 altering the level of payment reductions required by this section.
				306.Limited
			 availability of amounts remitted to Secretary
				(a)Availability for
			 program board activitiesAs
			 soon as practicable after the end of each month during which payment reductions
			 are in effect under the program, the Secretary shall make available to the
			 program board 50 percent of the amounts remitted to the Secretary under section
			 305 during that month.
				(b)Use of remaining
			 amountsThe Secretary shall
			 deposit all amounts remitted to the Secretary under section 305 that are not
			 made available to the program board under subsection (a) into the general fund
			 of the Treasury.
				307.Suspension of
			 reduced payment requirement
				(a)Suspension
			 thresholdsThe Secretary
			 shall suspend the program whenever the Secretary determines that the price in
			 the United States for either cheddar cheese or skim milk powder (non-fat dry
			 milk) is more than 20 percent above the world price for that same commodity for
			 2 consecutive months.
				(b)Implementation
			 by handlersHandlers shall
			 cease reducing payments to dairy producers under the program upon receiving
			 notice of the suspension of the program from the Secretary.
				308.Audit of
			 producer and handler compliance
				(a)In
			 generalIf determined by the
			 Secretary to be necessary to ensure dairy producer and handler compliance with
			 the program, the Secretary may conduct periodic audits of participating dairy
			 operations and handlers.
				(b)Sample of dairy
			 producersAny audit conducted under subsection (a) shall include,
			 at a minimum, investigation of a statistically valid and random sample of dairy
			 producers.
				309.Program
			 board
				(a)In
			 generalThe Secretary shall
			 establish a board of directors for the program for the purpose of—
					(1)administering the
			 amounts remitted to the Secretary under section 305 that are made available to
			 the program board under section 306; and
					(2)determining the
			 most effective use of such funds.
					(b)Appointment of
			 directors
					(1)Number and
			 qualificationsThe Secretary
			 shall appoint 24 members to serve on the program board, who shall be
			 representative of the United States dairy producer community, taking into
			 account geographical diversity, cooperative membership, and volumes of milk
			 produced in various States and regions.
					(2)Reimbursement of
			 expensesFrom the amounts
			 made available to the program board under section 306, the Secretary shall
			 reimburse members of the program board for those costs of service on the
			 program board that the Secretary determines reasonable and appropriate.
					(c)DecisionmakingThe
			 program board shall reach decisions by an affirmative vote of
			 2/3 of the members of the program board.
				(d)Removal of dairy
			 products and expansion of demand
					(1)Spending
			 authorityThe program board
			 may use amounts made available to the program board under section 306—
						(A)to purchase dairy
			 products through commercial sources for donation to food banks and other food
			 programs that the Board determines appropriate, not later than 3 months after
			 the date on which the Secretary collected the funds; and
						(B)to expand
			 consumption and build demand for dairy products.
						(2)No duplication
			 of effortThe program board
			 shall ensure that projects supported under paragraph (1) are compatible with,
			 and do not duplicate, programs supported by the dairy research and promotion
			 activities conducted under the Dairy Production Stabilization Act of 1983 (7
			 U.S.C. 4501 et seq.).
					(3)Management
			 contractThe program board may enter into a contract with a
			 managing entity to carry out this subsection.
					(e)Program
			 evaluation
					(1)Contract
			 authority
						(A)In
			 generalUsing amounts made
			 available to the program board under section 306, the program board shall enter
			 into a contract for an evaluation of the program after the program has been in
			 operation for 2 years.
						(B)RequirementsThe evaluation shall include the use of
			 established dairy economic models to ascertain the effectiveness and operation
			 of the program.
						(2)Submission of
			 results
						(A)In
			 generalThe program board
			 shall submit to the Secretary the results of evaluations conducted under
			 paragraph (1).
						(B)RecommendationsThe Secretary shall review the evaluations
			 under paragraph (1) and submit to Congress such recommendations as the
			 Secretary considers appropriate regarding the program.
						310.DurationThe Secretary shall conduct the program
			 during the period beginning on January 1, 2012, and ending on December 31,
			 2017.
			IVMiscellaneous
			401.Repeals
				(a)Dairy product
			 price support program, dairy forward pricing program, and milk income loss
			 contract programSections
			 1501, 1502, and 1506 of the Food, Conservation, and Energy Act of 2008 (7
			 U.S.C. 8771, 8772, 8773) are repealed.
				(b)Dairy export
			 incentive program
					(1)In
			 generalSection 153 of the
			 Food Security Act of 1985 (15 U.S.C. 713a–14) is repealed.
					(2)Conforming
			 amendmentsSection 902(2) of the Trade Sanctions Reform and
			 Export Enhancement Act of 2000 (22 U.S.C. 7201(2)) is amended—
						(A)by striking
			 subparagraph (D); and
						(B)by redesignating
			 subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively.
						(c)ApplicationThe
			 amendments made by this section apply beginning on the date on which the
			 regulations required under section 402 take effect.
				402.RegulationsNot later than 270 days after the date of
			 enactment of this Act, the Secretary of Agriculture shall promulgate such
			 regulations as are necessary to carry out this Act and the amendments made by
			 this Act.
			403.Budgetary
			 effectsThe budgetary effects
			 of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act
			 of 2010, shall be determined by reference to the latest statement titled
			 Budgetary Effects of PAYGO Legislation for this Act, submitted
			 for printing in the Congressional Record by the Chairman of the Senate Budget
			 Committee, provided that such statement has been submitted prior to the vote on
			 passage.


114 HR 3257 IH: PILT and SRS Certainty Act
U.S. House of Representatives
2015-07-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 3257
IN THE HOUSE OF REPRESENTATIVES

July 28, 2015
Mr. Meadows (for himself, Mr. Polis, Mr. Cook, and Mrs. Kirkpatrick) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, 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 section 6906 of title 31, United States Code, to provide funding for the payment in lieu of taxes program for an additional five years, to provide a five-year extension of the Secure Rural Schools and Community Self-Determination Act of 2000, and for other purposes.

1.Short titleThis Act may be cited as the PILT and SRS Certainty Act.  2.Funding for PILT program (a)Mandatory fundingSection 6906 of title 31, United States Code, is amended to read as follows:

6906.FundingThere is hereby appropriated to the Secretary of the Interior to carry out this chapter, out of any funds in the Treasury not otherwise obligated, $450,000,000 for the first full fiscal year after the date of the enactment of this section and for each of the four fiscal years thereafter.. (b)Clerical amendmentThe item related to section 6906 in the table of sections for title 31, United States Code, is amended to read as follows:

6906. Funding..
3.Five-year extension of Secure Rural Schools and Community Self-Determination Act of 2000 reflecting recent extension covering fiscal years 2014 and 2015
(a)Extension of payment authorityThe Secure Rural Schools and Community Self-Determination Act of 2000 is amended— (1)in section 101 (16 U.S.C. 7111), by striking 2015 both places it appears and inserting 2020;
(2)in section 102(b)(2)(B) (16 U.S.C. 7112(b)(2)(B)), by striking 2015 the second place it appears and inserting 2020 and (3)in section 103(d)(2) (16 U.S.C. 7113(d)(2)), by striking 2015 and inserting 2020.
(b)Extension of Special project authoritySection 208 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7128) is amended— (1)in subsection (a), by striking 2017 and inserting 2022; and
(2)in subsection (b), by striking 2018 and inserting 2023. (c)Extension of county project authoritySection 304 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7144) is amended—
(1)in subsection (a), by striking 2017 and inserting 2022; and (2)in subsection (b), by striking 2018 and inserting 2023.


110 HR 4867 IH: To extend the temporary suspension of duty on

U.S. House of Representatives
2007-12-19
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.

		I
		110th CONGRESS
		1st Session
		H. R. 4867
		IN THE HOUSE OF REPRESENTATIVES

			December 19, 2007
			Mr. Clay introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend the temporary suspension of duty on
		  2,5-Bis[(1,3-dioxobutyl)amino]benzenesulfonic acid.

		1.2,5-Bis[(1,3-dioxobutyl)amino]benzenesulfonic
			 acid
			(a)In
			 generalHeading 9902.02.39 of
			 the Harmonized Tariff Schedule of the United States is amended by striking
			 12/31/2009 and inserting 12/31/2011.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies with respect to goods entered, or withdrawn from
			 warehouse for consumption, on or after the 15th day after the date of the
			 enactment of this Act.


113 HR 1379 IH: Puerto Rico Hospital HITECH Amendments Act of 2013
U.S. House of Representatives
2013-03-21
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
		113th CONGRESS
		1st Session
		H. R. 1379
		IN THE HOUSE OF REPRESENTATIVES

			March 21, 2013
			Mr. Pierluisi (for
			 himself, Mr. Mica,
			 Mr. Serrano,
			 Ms. Ros-Lehtinen,
			 Mr. Grijalva,
			 Mr. King of New York,
			 Mr. Conyers,
			 Mr. Diaz-Balart,
			 Mr. Grayson,
			 Mr. Young of Alaska,
			 Mr. Faleomavaega,
			 Mrs. Christensen, and
			 Ms. Bordallo) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means

		A BILL
		To amend title XVIII of the Social Security Act to allow
		  certain hospitals in Puerto Rico to qualify for incentives for adoption and
		  meaningful use of certified EHR Technology under the Medicare
		  program.

		1.Short titleThis Act may be cited as the
			 Puerto Rico Hospital HITECH Amendments
			 Act of 2013.
		2.Application of
			 Medicare HITECH payments to hospitals in Puerto Rico
			(a)In
			 generalSubsection (n)(6)(B) of section 1886 of the Social
			 Security Act (42 U.S.C. 1395ww) is amended by striking subsection (d)
			 hospital and inserting hospital that is a subsection (d)
			 hospital or a subsection (d) Puerto Rico hospital.
			(b)Conforming
			 amendments
				(1)Subsection (b)(3)(B)(ix) of section 1886 of
			 the Social Security Act is amended—
					(A)in subclause (I),
			 by striking (n)(6)(A) and inserting (n)(6)(B);
			 and
					(B)in subclause (II),
			 by striking a subsection (d) hospital and inserting an
			 eligible hospital.
					(2)Paragraphs (2) and
			 (4)(A) of section 1853(m) of the Social Security Act (42 U.S.C. 1395w–23(m))
			 are each amended by striking 1886(n)(6)(A) and inserting
			 1886(n)(6)(B).
				(c)ImplementationNotwithstanding
			 any other provision of law, the Secretary of Health and Human Services may
			 implement the amendments made by this section by program instruction or
			 otherwise.
			(d)Effective
			 dateThe amendments made by this section shall apply as if
			 included in the enactment of the American Recovery and Reinvestment Act of 2009
			 (Public Law 111–3), except that, in order to take into account delays in the
			 implementation of this section, in applying subsections (b)(3)(B)(ix),
			 (n)(2)(E)(ii), and (n)(2)(G)(i) of section 1886 of the Social Security Act as
			 amended by this section, any reference in such subsections to a particular year
			 shall be treated with respect to a subsection (d) Puerto Rico hospital as a
			 reference to the year that is 2 years after such particular year.