114 S3452 IS: Post Office Discontinuance Accountability Act of 2016
U.S. Senate
2016-09-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS2d Session
		S. 3452
		IN THE SENATE OF THE UNITED STATES

			September 28, 2016
			Mrs. McCaskill (for herself and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

		A BILL
		To authorize the United States Postal Service to carry out emergency suspensions of post offices in
			 accordance with certain procedures, and for other purposes.

		1.Short title
 This Act may be cited as the Post Office Discontinuance Accountability Act of 2016.
 2.Emergency suspensions of post officesSection 404 of title 39, United States Code, is amended by adding at the end the following:  (f)Emergency suspensions (1)DefinitionsIn this subsection—
 (A)the terms alternate service and temporary location include a location at which customers affected by an emergency suspension may send and receive mail, which may include the provision and regular servicing of a Cluster Box Unit (commonly known as a CBU) by the Postal Service;
 (B)the term discontinuance means a closing or consolidation; (C)the term discontinuance procedures means the procedures required for the discontinuance of a post office under subsection (d) and any regulations promulgated under that subsection;
 (D)the term discontinue means close or consolidate; (E)the term emergency suspension means the temporary discontinuance of a post office, without following discontinuance procedures for the post office, because of—
 (i)a natural disaster; (ii)the early, sudden, or unexpected termination of a lease or rental agreement by the lessor when suitable alternate quarters are not immediately available in the same community;
 (iii)lack of qualified personnel to operate the post office; (iv)severe or irreparable damage to, or destruction of, the post office when suitable alternate quarters are not immediately available in the community;
 (v)a challenge to the sanctity of the mail; or (vi)a lack of adequate measures to safeguard the post office or its revenues; and
 (F)the term post office— (i)means a Post Office, as that term is defined in section 241.1 of title 39, Code of Federal Regulations, or any successor regulation; and
 (ii)does not include a post office branch or station. (2)AuthorityA District Manager may implement an emergency suspension of a post office in accordance with the requirements under paragraphs (3) through (7).
 (3)NotificationIf a District Manager implements an emergency suspension of a post office, the District Manager shall provide immediate notice of the suspension to—
 (A)the Headquarters Review Coordinator or the Field Performance office; (B)local officials of the Postal Service, including—
 (i)all direct reports to the District Manager; (ii)the Vice President, Area Operations;
 (iii)State and national postmaster organizations; (iv)relevant local transportation and logistics officials of the Postal Service;
 (v)accounting services of the Postal Service and Postmaster accounts; (vi)each upstream Processing and Distributions Center responsible for processing mail to and from the relevant post office;
 (vii)the Address Management division of the Postal Service; (viii)the Shared Human Resources Center of the Postal Service;
 (ix)the Discontinuance Coordinator of the Postal Service; (x)the Facilities Service Office of the Postal Service;
 (xi)local political officials; (xii)the Vice President, Facilities; and
 (xiii)the Customer Relationship Manager; and (C)customers, notification to whom shall include—
 (i)the effective date of the suspension; (ii)the reason for the suspension;
 (iii)any alternate service available, including how to request curbside delivery; (iv)the nearest post offices and hours of service; and
 (v)the name, telephone number, and email address of an individual to contact for more information. (4)Alternate service (A)In generalIf a District Manager implements an emergency suspension of a post office, the District Manager shall establish alternate service as quickly as possible.
 (B)Determination to discontinueIf the Postal Service appears likely to make a determination under subsection (a)(3) to discontinue a post office that is under an emergency suspension, the District Manager shall make every effort to provide the alternate service under subparagraph (A) of this paragraph that is most likely to be recommended in the determination to discontinue the post office.
 (5)Employee reassignmentIf a District Manager implements an emergency suspension of a post office, the District Manager shall temporarily reassign each employee of the post office in accordance with each applicable statute, regulation, and collective bargaining agreement.
					(6)Suspension review team
 (A)In generalNot later than 10 days after the date on which a District Manager implements an emergency suspension of a post office, the District Manager shall form a suspension review team to review the decision to implement the emergency suspension.
 (B)MembersThe members of a suspension review team shall include— (i)the Discontinuance Coordinator;
 (ii)the Manager of Post Office Operations or a designee;
 (iii)a representative from the Facility Services Office; and
 (iv)in the case of the suspension of a post office staffed by a postmaster, State presidents of each postmaster organization or their designees.
 (C)DecisionsAll decisions of the suspension review team shall be by an affirmative vote of a majority of the members of the suspension review team.
 (D)Site visitThe suspension review team for a post office shall conduct a site visit to the post office. (E)Recommendation (i)In generalNot later than 10 business days after the site visit under subparagraph (D), the suspension review team shall notify the District Manager and the Vice President, Delivery Operations, of its recommendation to—
 (I)continue the emergency suspension; or (II)reopen the post office.
 (ii)Postmaster organizationsIn the case of the suspension of a post office staffed by a postmaster, the suspension review team shall also notify the national postmaster organizations of its recommendation under clause (i).
							(F)Continued suspension
 (i)In generalIf the suspension review team recommends under subparagraph (E) that the emergency suspension of a post office continue, the District Manager shall—
 (I)not later than 10 days after being notified of that recommendation, initiate discontinuance procedures for the post office; or
 (II)not later than 30 days after being notified of that recommendation, publish and submit to the Vice President, Delivery Operations, a plan of action to restore service to the affected community—
 (aa)within a reasonable period of time; and
 (bb)in any event, not later than 180 days after the date on which the emergency suspension was implemented.
 (ii)Delay in restoration of serviceIf a District Manager publishes and submits a plan of action to restore service to an affected community under clause (i)(II) and service to the affected community is not restored within 180 days of the date on which the emergency suspension was implemented, the District Manager shall—
 (I)(aa)publish notice of the delay, including— (AA)a reason for the delay; and
 (BB)an anticipated date of restoration of service; and
 (bb)not later than 10 days after publishing the notice, host a live, in-person question-and-answer forum in the affected community; or
 (II)initiate discontinuance procedures for the post office. (iii)Further delays in restoration of serviceUpon the expiration of each 30-day period after the date that is 180 days after the date on which the emergency suspension of a post office was implemented, if service has not been restored to the affected community, the District Manager shall publish an updated notice of the delay that includes the anticipated date of restoration of service.
 (iv)1-year delayIf 1 year has elapsed since the implementation of an emergency suspension of a post office and service has not been restored to the affected community, the District Manager—
 (I)shall host— (aa)a second live, in-person question-and-answer forum in the affected community; and
 (bb)additional live, in-person question-and-answer fora in the affected community every subsequent 180 days until—
 (AA)service is restored; or (BB)the District Manager initiates discontinuance procedures for the post office; and
 (II)if no alternate services are located within 10 miles of the post office, not later than 60 days after the date that is 1 year after the date on which the emergency suspension was implemented, shall develop and publish a plan to establish a temporary location from which to provide service within 10 miles of the suspended facility.
 (G)Reopening of post officeIf the suspension review team recommends under subparagraph (E) that a post office be reopened—
 (i)not later than 5 business days after the date on which the suspension review team provides notice of the recommendation under clause (i) of that subparagraph, the District Manager shall reopen the post office; and
 (ii)the Inspector General shall conduct an investigation to determine the legitimacy of the concerns that resulted in the emergency suspension.
 (7)Restoration of serviceUpon restoration of service under paragraph (6)(F) or the reopening of a post office under paragraph (6)(G), the District Manager shall immediately notify—
 (A)the affected community; (B)the Headquarters Review Coordinator; and
 (C)the local Facilities Database Coordinator.
						(8)Lease or rental agreement expiration
						(A)In general
 (i)Prohibition on emergency suspensionsA District Manager may not implement an emergency suspension of a post office based on the expiration of the lease or rental agreement for the post office.
 (ii)Alternative processThe Postal Service may establish an alternative process for the suspension of postal services to a community based on the expiration of a lease or rental agreement for a post office in accordance with subparagraphs (B) through (I) of this paragraph.
 (B)Preparation for expirationBefore the expiration of a lease or rental agreement for a post office, the District Manager shall— (i)initiate or attempt to initiate negotiations for an extension of the lease or rental agreement, or sale of the property to the Postal Service, with a sufficient amount of time, which shall be not less than 18 months, to allow for the likely completion of negotiations before the expiration of the lease or rental agreement; or
 (ii)initiate discontinuance procedures for the post office with a sufficient amount of time, which shall be not less than 18 months, to allow for likely completion of the procedures before the expiration of the lease or rental agreement.
 (C)DiscontinuanceIf the District Manager does not initiate or attempt to initiate negotiations described in subparagraph (B)(i) with a sufficient amount of time (as defined in that subparagraph) to allow for likely completion of negotiations before the expiration of the lease or rental agreement, discontinuance procedures may not be initiated for the post office earlier than the date that is 3 years after the date on which the lease or rental agreement expires.
 (D)Failure to reach agreementIf, as of 30 days before the expiration of a lease or rental agreement for a post office, the District Manager has not reached an agreement with the lessor or renter to extend the lease or rental agreement or to sell the property to the Postal Service, the District Manager shall—
 (i)notify the affected community of a possible disruption in service due to the possible expiration of the lease or rental agreement; and
 (ii)include in the notification under clause (i)— (I)the expiration date of the lease or rental agreement;
 (II)alternate services available if the lease or rental agreement expires, including how to request curbside delivery;
 (III)the nearest post offices and hours of service; and (IV)the name, telephone number, and email address of an individual to contact for more information.
 (E)New lease or rental agreementNot later than 30 days after the date on which a lease or rental agreement for a post office expires, the District Manager shall make best efforts to enter into a new lease or rental agreement for a post office in, or within a reasonable distance of, the community in which the post office that was the subject of the expired lease or rental agreement is located.
 (F)Failure to enter into new lease or rental agreementIf, within 30 days after the expiration of a lease or rental agreement for a post office, the District Manager is unable to execute a new lease or rental agreement at the same location or another location within the affected community, the District Manager shall—
 (i)publish notice of intent to submit to the Vice President, Delivery Operations, a plan of action to restore service to the affected community—
 (I)within a reasonable period of time; and
 (II)in any event, not later than 180 days after the date on which the lease or rental agreement expired; or
 (ii)if no suitable alternate quarters are available in the community— (I)publish notice of intent to initiate discontinuance procedures for the post office; and
 (II)initiate discontinuance procedures. (G)Delay in restoration of serviceIf a District Manager publishes and submits a plan of action to restore service to an affected community under subparagraph (F)(i) and service to the affected community is not restored within 180 days of the date on which the lease or rental agreement for the post office expired, the District Manager shall—
 (i)(I)publish notice of the delay, including— (aa)a reason for the delay; and
 (bb)an anticipated date of restoration of service; and
 (ii)not later than 10 days after publishing the notice, host a live, in-person question-and-answer forum in the affected community.
 (H)Further delays in restoration of serviceUpon the expiration of each 30-day period after the date on which the District Manager publishes notice under subparagraph (G)(i), if service has not been restored to the affected community, the District Manager shall publish an updated notice of the delay that includes the anticipated date of restoration of service.
 (I)1-year delayIf service to the affected community is not restored within 1 year of the date on which the lease or rental agreement for the post office expired, the District Manager—
 (i)shall host— (I)a second live, in-person question-and-answer forum in the affected community; and
 (II)additional live, in-person question-and-answer fora in the affected community every subsequent 180 days until—
 (aa)service is restored; or (bb)the District Manager initiates discontinuance procedures for the post office; and
 (ii)if no alternate services are located within 10 miles of the post office, not later than 60 days after the date that is 1 year after the date on which the lease or rental agreement for the post office expired, shall develop and publish a plan to establish a temporary location from which to provide service within 10 miles of the post office.
 (9)DelegationA District Manager may delegate any authority or responsibility under this subsection except under paragraph (2), (4)(B), or (6)(A).
 (10)ApplicabilityThis subsection shall apply to any emergency suspension of a post office that is implemented on or after the date of enactment of the Post Office Discontinuance Accountability Act of 2016..


115 HR 3261 IH: North Korea Follow the Money Act
U.S. House of Representatives
2017-07-14
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.

I115th CONGRESS1st SessionH. R. 3261IN THE HOUSE OF REPRESENTATIVESJuly 14, 2017Mrs. Torres (for herself, Mrs. Wagner, and Mr. Evans) introduced the following bill; which was referred to the Permanent Select Committee on IntelligenceA BILLTo direct the Director of National Intelligence to produce a national intelligence estimate of the
			 revenue sources of the North Korean regime, and for other purposes.

 1.Short titleThis Act may be cited as the North Korea Follow the Money Act. 2.National intelligence estimate of North Korean sources of revenue (a)FindingsCongress makes the following findings:
 (1)Although, as a result of the work of the Bureau on Energy and Resources, the Department of State has made significant progress in identifying North Korea’s revenues from coal exports, the United States Government as a whole lacks sufficient comprehension of how North Korea generates and expends revenue.
 (2)It is critical to track the revenue sources of the North Korean regime in order to target sanctions and thwart further advancement of North Korea’s nuclear weapons program.
 (3)Specific information regarding revenue sources and means that the North Korean regime has for repatriating capital will allow sanctions experts at the Department of the Treasury and the Department of State to focus the full might of the financial power of the United States on stopping North Korea’s nuclear ambitions.
 (b)Estimate requiredNot later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of State and the Secretary of the Treasury, shall produce a national intelligence estimate of the revenue sources of the North Korean regime. Such estimate shall include revenue from the following sources:
 (1)Trade in coal, iron, and iron ore. (2)The provision of fishing rights to North Korean territorial waters.
 (3)Trade in gold, titanium ore, vanadium ore, copper, silver, nickel, zinc, or rare earth minerals, and other stores of value.
 (4)Trade in textiles. (5)Sales of conventinal defense articles and services.
 (6)Sales of controlled goods, ballistic missiles, and other associated purposes. (7)Other types of manufacturing for export, as the Director of National Intelligence considers appropriate.
 (8)The exportation of workers from North Korea in a manner intended to generate significant revenue, directly or indirectly, for use by the government of North Korea.
 (9)The provision of non-humanitarian goods (such as food, medicine, and medical devices) and services by other countries.
 (10)The provision of services, including banking and other support, including by entities located in the Russian Federation, China, and Iran.
 (11)Online commercial activities of the Government of North Korea, including online gambling. (12)Criminal activities, including cyber-enabled crime and counterfeit goods.
 (c)ElementsThe estimate required under subsection (b) shall include an identification of each of the following:
 (1)The sources of North Korea’s funding. (2)Financial and non-financial networks, including supply chain management, transportation, and facilitation, through which North Korea accesses the United States and international financial systems and repatriates and exports capital, goods, and services; and
 (3)the global financial institutions, money services business, and payment systems that assist North Korea with financial transactions.
 (d)Submittal to CongressUpon completion of the estimate required under subsection (b), the Director of National Intelligence shall submit to the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Development, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate a copy of such estimate.


IV
108th CONGRESS
2d Session
H. CON. RES. 523
IN THE HOUSE OF REPRESENTATIVES

November 18, 2004
Mr. Rohrabacher submitted the following concurrent resolution; which was referred to the Committee on International Relations

CONCURRENT RESOLUTION
Strongly denouncing the danger of international terrorism inspired by an apostate vision of Islam, one of the historic religions of the world.

Whereas Margaret Hassan, a helpless humanitarian aid worker and the Iraqi head of CARE International’s Iraq operations, was brutally murdered while in captivity of Muslim fanatics in Iraq;
Whereas Dutch filmmaker Theo van Gogh was ritually slaughtered on an Amsterdam street on November 2, 2004;
Whereas van Gogh’s crime was a film he made, Submission, which recounted stories of Muslim women who were forced into arranged marriages and abused in various ways; and
Whereas these latest atrocities sadly mark only the most recent high-profile incidents of violence, mutilations, beheadings, and other acts of savagery committed in the name of Islam, and such barbarous acts contradict the teachings of the monotheistic faith that Islam shares with both Christianity and Judaism: Now, therefore, be it

That Congress—
(1)denounces the horrific killings of Margaret Hassan, the Iraqi head of CARE International’s Iraq operations, and Dutch filmmaker Theo van Gogh as acts of terrorism and condemns all such monstrous acts committed in the name of Islam;
(2)strongly urges Muslim countries and leading clerics and practitioners of the Islamic faith to take the lead in denouncing, marginalizing, and thwarting the violence committed in the name of Islam against unarmed and helpless victims;
(3)similarly calls on people of all faiths to denounce such barbarous acts committed against Muslims; and
(4)strongly encourages the Government of the Kingdom of Saudi Arabia to deny access to Islamic holy sites in Saudi Arabia both to individuals who are members of organizations that have taken credit for, and to individuals who have committed, any crime or act of terrorism, barbarism, or mutilation in the name of Islam.


 HR 1222 ENR: Target Practice and Marksmanship Training Support 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 Sixteenth Congress of the United States of AmericaAt the First SessionBegun and held at the City of Washington on Thursday, the third day of January, two thousand and nineteen
H. R. 1222

AN ACT
To amend the Pittman-Robertson Wildlife Restoration Act to facilitate the establishment of additional or expanded public target ranges in certain States.

1.Short titleThis Act may be cited as the Target Practice and Marksmanship Training Support Act.  2.Findings; purpose (a)FindingsCongress finds that—
(1)the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities;  (2)in recent years preceding the date of enactment of this Act, portions of Federal land have been closed to target practice and marksmanship training for many reasons;
(3)the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges;  (4)providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help—
(A)to promote enjoyment of shooting, recreational, and hunting activities; and  (B)to ensure safe and convenient locations for those activities;
(5)Federal law in effect on the date of enactment of this Act, including the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.), provides Federal support for construction and expansion of public target ranges by making available to States amounts that may be used for construction, operation, and maintenance of public target ranges; and  (6)it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges.
(b)PurposeThe purpose of this Act is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management.  3.Definition of public target rangeIn this Act, the term public target range means a specific location that—
(1)is identified by a governmental agency for recreational shooting;  (2)is open to the public;
(3)may be supervised; and  (4)may accommodate archery or rifle, pistol, or shotgun shooting.
4.Amendments to Pittman-Robertson Wildlife Restoration Act
(a)DefinitionsSection 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended— (1)by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and
(2)by inserting after paragraph (1) the following:  (2)the term public target range means a specific location that—
(A)is identified by a governmental agency for recreational shooting;  (B)is open to the public;
(C)may be supervised; and  (D)may accommodate archery or rifle, pistol, or shotgun shooting;.
(b)Expenditures for management of wildlife areas and resourcesSection 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended— (1)by striking (b) Each State and inserting the following:

(b)Expenditures for management of wildlife areas and resources
(1)In generalExcept as provided in paragraph (2), each State;  (2)in paragraph (1) (as so designated), by striking construction, operation, and inserting operation;
(3)in the second sentence, by striking The non-Federal share and inserting the following:  (3)Non-Federal shareThe non-Federal share;
(4)in the third sentence, by striking The Secretary and inserting the following:  (4)RegulationsThe Secretary; and
(5)by inserting after paragraph (1) (as designated by paragraph (1) of this subsection) the following:  (2)ExceptionNotwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range..
(c)Firearm and bow hunter education and safety program grantsSection 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–1) is amended— (1)in subsection (a), by adding at the end the following:

(3)Allocation of additional amountsOf the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range.;  (2)by striking subsection (b) and inserting the following:

(b)Cost sharing
(1)In generalExcept as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity.  (2)Public target range construction or expansionThe Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity.; and
(3)in subsection (c)(1)— (A)by striking Amounts made and inserting the following:

(A)In generalExcept as provided in subparagraph (B), amounts made; and  (B)by adding at the end the following:

(B)ExceptionAmounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available..  5.Sense of Congress regarding cooperationIt is the sense of Congress that, consistent with applicable laws and regulations, the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


110 HRES 1444 IH: Expressing the Sense of the House of

U.S. House of Representatives
2008-09-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		110th CONGRESS
		2d Session
		H. RES. 1444
		IN THE HOUSE OF REPRESENTATIVES

			September 16, 2008
			Mr. English of
			 Pennsylvania submitted the following resolution; which was referred
			 to the Committee on Transportation and
			 Infrastructure

		RESOLUTION
		Expressing the Sense of the House of
		  Representatives that the Susquehanna River Basin Commission should carefully
		  consider the energy needs of the United States and the economic development
		  needs of the region before limiting natural gas exploration and development in
		  the Marcellus Shale formation.

		Whereas spending hundreds of billions of dollars every
			 year on foreign oil to fuel cars and trucks has weakened the economy, the
			 environment, and national security;
		Whereas after decades of debate about the dangers of
			 becoming reliant on foreign oil and how that reliance has damaged our economy
			 and weakened our national security, the United States has grown more dependent
			 on foreign oil, and the dire consequences are being felt across the
			 Nation;
		Whereas the United States is borrowing itself into
			 national bankruptcy in the amount of $700 billion a year for imported oil, and
			 this is not sustainable;
		Whereas the public of the United States needs to know
			 there is an alternative to our failed energy policies of the past;
		Whereas energy is the Nation's single biggest challenge,
			 the need to meet that challenge is urgent, and there is an answer through the
			 natural gas of the United States;
		Whereas in early 2008, Terry Englander, a geoscience
			 professor at Pennsylvania State University, and Gary Lash, a geology professor
			 at the State University of New York at Fredonia, produced estimates that the
			 Marcellus Shale formation might contain more than 500 trillion cubic feet of
			 natural gas;
		Whereas the presence of an enormous volume of potentially
			 recoverable gas in the eastern United States has great economic significance,
			 and this natural gas is closest to the highly populated areas of New Jersey,
			 New York, and New England;
		Whereas gas produced from the shallower, western portion
			 of the Marcellus Shale formation could be transported to cities in the central
			 part of the United States and have a positive impact on the stability of the
			 natural gas supply of the surrounding region for several years;
		Whereas if the Marcellus Shale formation holds up to the
			 optimistic expectations of some natural gas experts, Pennsylvania, Ohio, New
			 York, and West Virginia could temporarily have an enormous boost in income over
			 the next few decades;
		Whereas local economies could see an increase in
			 employment and revenue as a result of the drilling into the natural gas-rich
			 Marcellus Shale formation, according to a report from the Penn State Workforce
			 Education and Development Initiative;
		Whereas the above-mentioned report estimates that for each
			 billion dollars of royalty income generated by the Marcellus Shale formation
			 reserves, local communities could gain 7,880 jobs in the first year, and close
			 to 8,000 in the second;
		Whereas the increase in drilling has already resulted in a
			 large demand for workers, entry-level jobs with drilling companies and well
			 servicing companies, and a variety of jobs throughout the region;
		Whereas more than 72 percent of the tri-state Susquehanna
			 watershed, covering portions of New York, Pennsylvania, and Maryland, are
			 underlain by the Marcellus Shale formation and other natural gas rich shale
			 formations;
		Whereas advancements in technology for capturing natural
			 gas in shale formations require operators to inject large amounts of water
			 several thousand feet underground to break up the rocks;
		Whereas on August 15, 2008, the Susquehanna River Basin
			 Commission (SRBC) notified the natural gas operators that as of October 15,
			 2008, any amount of water withdrawn or consumptively used to develop wells in
			 the Marcellus, Utica, or other shale formations in the Susquehanna River
			 watershed would require prior approval from the SRBC;
		Whereas this is the first time in the SRBC’s 37-year
			 history they are imposing this type of requirement on an entire class of
			 projects rather than on an individual project;
		Whereas the SRBC has indicated it will only consider
			 quantity and rate of water usage, location of water (ground and surface
			 sources) for withdrawals and consumptive uses, the potential to alter the
			 physical, biological, chemical or hydrological characteristics of the basin’s
			 water resources, and the potential to affect interstate water quality;
			 and
		Whereas the SRBC’s initial public statement has not
			 indicated they will consider the broad energy needs of the United States or the
			 economic development needs of communities in the immediate region: Now,
			 therefore, be it

		that it is the sense of the House of
			 Representatives that the Susquehanna River Basin Commission should give the
			 same consideration to the energy needs of the United States and the potential
			 jobs that could be created by a proposed project as is accorded to other
			 factors, such as quantity and rate of water usage, location of water (ground
			 and surface sources) for withdrawals and consumptive uses, the potential to
			 alter the physical, biological, chemical, or hydrological characteristics of
			 the basin’s water resources, and the potential to affect interstate water
			 quality, when drafting a regulation and reviewing a project application related
			 to natural gas drilling in the Marcellus Shale formation.


110 HR 282 IH: Second Opinion Coverage Act of

U.S. House of Representatives
2007-01-05
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. 282
		IN THE HOUSE OF REPRESENTATIVES

			January 5, 2007
			Mrs. Davis of
			 California introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committees on
			 Education and Labor and
			 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 concerned

		A BILL
		To amend the Public Health Service Act, the Employee
		  Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986
		  to require that group and individual health insurance coverage and group health
		  plans provide coverage for second opinions.

		1.Short titleThis Act may be cited as the
			 Second Opinion Coverage Act of
			 2007.
		2.Coverage of second
			 opinions
			(a)Group health
			 plans
				(1)Public Health Service Act
			 amendments(A)Subpart 2 of part A of
			 title XXVII of the Public Health Service
			 Act is amended by adding at the end the following new
			 section:

							2707.Coverage of
				second opinions
								(a)In
				generalA group health plan, and a health insurance issuer
				offering group health insurance coverage, shall provide that when requested by
				a participant, beneficiary, or enrollee or participating health care
				professional who is treating the participant, beneficiary, or enrollee, the
				plan or issuer shall provide or authorize a second opinion by an appropriately
				qualified health care professional. Reasons for a second opinion to be provided
				or authorized include the following:
									(1)If the
				participant, beneficiary, or enrollee questions the reasonableness or necessity
				of recommended surgical procedures.
									(2)If the
				participant, beneficiary, or enrollee questions a diagnosis or plan of care for
				a condition that threatens loss of life, loss of limb, loss of bodily function,
				or substantial impairment, including a serious chronic condition.
									(3)If the clinical
				indications are not clear or are complex and confusing, a diagnosis is in doubt
				due to conflicting test results, or the treating health care professional is
				unable to diagnose the condition, and the participant, beneficiary, or enrollee
				requests an additional diagnosis.
									(4)If the treatment
				plan in progress is not improving the medical condition of the participant,
				beneficiary, or enrollee within an appropriate period of time given the
				diagnosis and plan of care and the participant, beneficiary, or enrollee
				requests a second opinion regarding the diagnosis or continuance of the
				treatment.
									(5)If the
				participant, beneficiary, or enrollee has attempted to follow the plan of care
				or consulted with the initial provider concerning serious concerns about the
				diagnosis or plan of care.
									(b)Appropriately
				qualified health care professional definedFor purposes of this
				section, an appropriately qualified health care professional is
				a primary care physician or a specialist who is acting within the
				professional’s scope of practice and who possesses a clinical background,
				including training and expertise, related to the particular illness, disease,
				condition or conditions associated with the request for a second
				opinion.
								(c)Timely rendering
				of opinionsIf a participant, beneficiary, or enrollee or
				participating health care professional who is treating a participant,
				beneficiary, or enrollee requests a second opinion pursuant to this section, an
				authorization or denial shall be provided in an expeditious manner. When the
				condition of the participant, beneficiary, or enrollee is such that the
				individual faces an imminent and serious threat to health, including the
				potential loss of life, limb, or other major bodily function, or lack of
				timeliness that would be detrimental to the individual’s ability to regain
				maximum function, the second opinion shall be rendered in a timely fashion
				appropriate for the nature of the condition involved, but not to exceed 72
				hours after the time of the plan’s receipt of the request, whenever possible.
				Each plan or issuer shall file with the Secretary timelines for responding to
				requests for second opinions for cases involving emergency needs, urgent care,
				and other requests by not later than 90 days after the date of the enactment of
				this section, and within 30 days of any amendment to the timelines. The
				timelines shall be made available to the public upon request.
								(d)Limitation on
				liability for costsIf a group health plan, or health insurance
				issuer offering group health insurance in connection with such a plan, approves
				a request by a participant, beneficiary, or enrollee for a second opinion, the
				participant, beneficiary, or enrollee shall be responsible only for the costs
				of applicable copayments that the group health plan or issuer requires for
				similar referrals.
								(e)Primary care
				requestsIf the participant, beneficiary, or enrollee is
				requesting a second opinion about care from the individual’s primary care
				physician, the second opinion shall be provided by an appropriately qualified
				health care professional of the individual’s choice within the same physician
				organization.
								(f)SpecialistsIf
				the participant, beneficiary, or enrollee is requesting a second opinion about
				care from a specialist, the second opinion shall be provided by any provider of
				that individual’s choice from any independent practice association or medical
				group within the network of the same or equivalent specialty. If the specialist
				is not within the same physician organization, the plan or issuer shall incur
				the cost or negotiate the fee arrangements of that second opinion, beyond the
				applicable copayments which shall be paid by the participant, beneficiary, or
				enrollee. If not authorized by the plan or issuer, additional medical opinions
				not within the original physician organization shall be the responsibility of
				the enrollee.
								(g)Use of outside
				plan consultantsIf there is no participating provider under the
				plan or coverage within the network who meets the standard specified in
				subsection (b), then the plan or issuer shall authorize a second opinion by an
				appropriately qualified health professional outside of the plan’s or issuer’s
				provider network. In approving a second opinion either inside or outside of the
				plan’s or issuer’s provider network, the plan or issuer shall take into account
				the ability of the participant, beneficiary, or enrollee to travel to the
				provider, but the plan or issuer is not liable for costs relating to such
				travel.
								(h)Consultation
				reportsThe plan or issuer shall require the second opinion
				health professional to provide the participant, beneficiary, or enrollee and
				the initial health professional with a consultation report, including any
				recommended procedures or test that the second opinion health professional
				believes appropriate. Nothing in this section shall be construed to prevent the
				plan or issuer from authorizing, based on its independent determination,
				additional medical opinions concerning the medical condition of a participant,
				beneficiary, or enrollee.
								(i)NoticeIf
				the plan or issuer denies a request by a participant, beneficiary, or enrollee
				for a second opinion, it shall notify the participant, beneficiary, or enrollee
				in writing of the reasons for the denial and shall inform the participant,
				beneficiary, or enrollee of the rights to file a grievance with the
				plan.
								(j)Limitation to
				participating providersUnless authorized by the plan or issuer,
				in order for services to be covered the participant, beneficiary, or enrollee
				shall obtain services only from a provider who is participating in, or under
				contract with, the plan or issuer pursuant to the specific contract under which
				the participant, beneficiary, or enrollee is entitled to health care services.
				The plan or issuer may limit referrals to its network of providers if there is
				a participating plan provider who meets the standard specified in subsection
				(b).
								(k)ExemptionThis
				section shall not apply to health care service plan contracts that provide
				benefits to enrollees through preferred provider contracting arrangements if,
				subject to all other terms and conditions of the contract that apply generally
				to all other benefits, access to and coverage for second opinions are not
				limited.
								(l)NoticeA
				group health plan under this part shall comply with the notice requirement
				under section 714(b) of the Employee Retirement
				Income Security Act of 1974 with respect to the requirements of this
				section as if such section applied to such
				plan.
								.
					(B)Section 2723(c) of such Act (42 U.S.C.
			 300gg–23(c)) is amended by striking section 2704 and inserting
			 sections 2704 and 2707.
					(2)ERISA
			 amendments(A)Subpart B of part 7 of
			 subtitle B of title I of the Employee
			 Retirement Income Security Act of 1974 is amended by adding at the
			 end the following new section:

							714.Coverage of
				second opinions
								(a)RequirementThe
				provisions of section 2707 shall apply under this subtitle to group health
				plans, and to group health insurance coverage offered by a health insurance
				issuer, in the same manner as they apply if such provisions were included in
				this subsection.
								(b)Notice under
				group health planThe imposition of the requirement of this
				section shall be treated as a material modification in the terms of the plan
				described in section 102(a)(1), for purposes of assuring notice of such
				requirements under the plan; except that the summary description required to be
				provided under the last sentence of section 104(b)(1) with respect to such
				modification shall be provided by not later than 60 days after the first day of
				the first plan year in which such requirements
				apply.
								.
					(B)Section 731(c) of such Act (29 U.S.C.
			 1191(c)) is amended by striking section 711 and inserting
			 sections 711 and 714.
					(C)Section 732(a) of such Act (29 U.S.C.
			 1191a(a)) is amended by striking section 711 and inserting
			 sections 711 and 714.
					(D)The table of contents in section 1 of
			 such Act is amended by inserting after the item relating to section 713 the
			 following new item:

								Sec. 714. Coverage of second
				opinions.

							.
					(3)Internal Revenue
			 Code amendments
					(A)In
			 generalSubchapter B of chapter 100 of the Internal Revenue Code
			 of 1986 is amended—
						(i)in
			 the table of sections, by inserting after the item relating to section 9812 the
			 following new item:

									Sec. 9813. Coverage of second
				opinions.

								;
				  and
						(ii)by
			 inserting after section 9812 the following:

								9813.Coverage of
				second opinionsThe
				requirements of section 2707 of the Public
				Health Service Act shall apply under this section as if such section
				were included
				herein.
								.
						(B)Conforming
			 amendmentSection 4980D(d)(1) of such Code is amended by striking
			 section 9811 and inserting sections 9811 and
			 9813.
					(b)Individual
			 health insurance(1)Part B of title XXVII of
			 the Public Health Service Act is
			 amended by inserting after section 2752 the following new section:

						2753.Coverage of
				second opinions
							(a)In
				generalThe provisions of section 2707 (other than subsection
				(l)) shall apply to health insurance coverage offered by a health insurance
				issuer in the individual market in the same manner as they apply to health
				insurance coverage offered by a health insurance issuer in connection with a
				group health plan in the small or large group market.
							(b)NoticeA
				health insurance issuer under this part shall comply with the notice
				requirement under section 714(b) of the Employee Retirement Income Security Act of
				1974 with respect to the requirements referred to in subsection (a)
				as if such section applied to such issuer and such issuer were a group health
				plan.
							.
				(2)Section 2762(b)(2) of such Act (42
			 U.S.C. 300gg–62(b)(2)) is amended by striking section 2751 and
			 inserting sections 2751 and 2753.
				(c)Effective
			 dates
				(1)Group health
			 plans and group health insurance coverageSubject to paragraph
			 (3), the amendments made by subsection (a) apply with respect to group health
			 plans for plan years beginning on or after January 1, 2008.
				(2)Individual
			 health insurance coverageThe amendments made by subsection (b)
			 apply with respect to health insurance coverage offered, sold, issued, renewed,
			 in effect, or operated in the individual market on or after such date.
				(3)Collective
			 bargaining exceptionIn the case of a group health plan
			 maintained pursuant to 1 or more collective bargaining agreements between
			 employee representatives and 1 or more employers ratified before the date of
			 enactment of this Act, the amendments made to subsection (a) shall not apply to
			 plan years beginning before the later of—
					(A)the date on which
			 the last collective bargaining agreements relating to the plan terminates
			 (determined without regard to any extension thereof agreed to after the date of
			 enactment of this Act), or
					(B)January 1,
			 2008.
					For purposes
			 of subparagraph (A), any plan amendment made pursuant to a collective
			 bargaining agreement relating to the plan which amends the plan solely to
			 conform to any requirement added by subsection (a) shall not be treated as a
			 termination of such collective bargaining agreement.(d)Coordination of
			 administrationThe Secretary of Labor, the Secretary of the
			 Treasury, and the Secretary of Health and Human Services shall ensure, through
			 the execution of an interagency memorandum of understanding among such
			 Secretaries, that—
				(1)regulations,
			 rulings, and interpretations issued by such Secretaries relating to the same
			 matter over which two or more such Secretaries have responsibility under the
			 provisions of this Act (and the amendments made thereby) are administered so as
			 to have the same effect at all times; and
				(2)coordination of
			 policies relating to enforcing the same requirements through such Secretaries
			 in order to have a coordinated enforcement strategy that avoids duplication of
			 enforcement efforts and assigns priorities in enforcement.


114 HR 1704 IH: Personal Data Notification and Protection Act of 2015
U.S. House of Representatives
2015-03-26
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.

		I
		114th CONGRESS
		1st Session
		H. R. 1704
		IN THE HOUSE OF REPRESENTATIVES

			March 26, 2015
			Mr. Langevin 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 establish a national data breach notification standard, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Personal Data Notification and Protection Act of 2015. (b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Title I—National Data Breach Notification Standard
					Sec. 101. Notification to individuals.
					Sec. 102. Exemptions from notification to individuals.
					Sec. 103. Methods of notification.
					Sec. 104. Content of notification.
					Sec. 105. Coordination of notification with credit reporting agencies.
					Sec. 106. Notification for law enforcement and other purposes.
					Sec. 107. Enforcement by the Federal Trade Commission.
					Sec. 108. Enforcement by State attorneys general.
					Sec. 109. Effect on State law.
					Sec. 110. Reporting on security breaches.
					Sec. 111. Excluded business entities.
					Sec. 112. Definitions.
					Sec. 113. Effective date.
					Title II—Extraterritorial Application of Cyber Crime Law
					Sec. 201. Extraterritorial jurisdiction.

			INational Data Breach Notification Standard
			101.Notification to individuals
 (a)In generalExcept as provided for in section 102, any business entity engaged in or affecting interstate commerce, that uses, accesses, transmits, stores, disposes of, or collects sensitive personally identifiable information about more than 10,000 individuals during any 12-month period shall, following the discovery of a security breach of such information, notify, in accordance with sections 103 and 104, any individual whose sensitive personally identifiable information has been, or is reasonably believed to have been, accessed or acquired.
				(b)Obligations of and to owner or licensee
 (1)Notification to owner or licenseeAny business entity engaged in or affecting interstate commerce, that uses, accesses, transmits, stores, disposes of, or collects sensitive personally identifiable information that the business entity does not own or license shall notify the owner or licensee of the information following the discovery of a security breach involving such information, unless there is no reasonable risk of harm or fraud to such owner or licensee.
 (2)Notification by owner, licensee, or other designated third partyNothing in this title shall prevent or abrogate an agreement between a business entity required to provide notification under this section and a designated third party, including an owner or licensee of the sensitive personally identifiable information subject to the security breach, to provide the notifications required under subsection (a).
 (3)Business entity relieved from giving notificationA business entity required to provide notification under subsection (a) shall not be required to provide such notification if an owner or licensee of the sensitive personally identifiable information subject to the security breach, or other designated third party, provides such notification.
					(c)Timeliness of notification
 (1)In generalAll notifications required under this section shall be made without unreasonable delay following the discovery by the business entity of a security breach. A business entity shall, upon the request of the Commission, provide records or other evidence of the notifications required under this section.
					(2)Reasonable delay
 (A)In generalExcept as provided in subsection (d), reasonable delay under this subsection shall not exceed 30 days, unless the business entity seeking additional time requests an extension of time and the Commission determines that additional time is reasonably necessary to determine the scope of the security breach, prevent further disclosures, conduct the risk assessment, restore the reasonable integrity of the data system, or provide notice to the breach notification entity.
 (B)ExtensionIf the Commission determines that additional time is reasonably necessary as described in subparagraph (A), the Commission may extend the time period for notification for additional periods of up to 30 days each. Any such extension shall be provided in writing by the Commission.
 (3)Burden of productionIf a business entity requires additional time under paragraph (2), the business entity shall provide the Commission with records or other evidence of the reasons necessitating delay of notification.
					(d)Delay of notification for law enforcement or national security
 (1)In generalIf the Director of the United States Secret Service or the Director of the Federal Bureau of Investigation determines that the notification required under this section would impede a criminal investigation or national security activity, the time period for notification shall be extended 30 days upon written notice from such Director to the business entity that experienced the breach.
 (2)Extended delay of notificationIf the time period for notification required under subsection (a) is extended pursuant to paragraph (1), a business entity shall provide the notification within such time period unless the Director of the United States Secret Service or the Director of the Federal Bureau of Investigation provides written notification that further extension of the time period is necessary. The Director of the United States Secret Service or the Director of the Federal Bureau of Investigation may extend the time period for additional periods of up to 30 days each.
 (3)ImmunityNo cause of action for which jurisdiction is based under section 1346(b) of title 28, United States Code, shall lie against any Federal law enforcement agency for acts relating to the extension of the deadline for notification for law enforcement or national security purposes under this section.
 (e)Designation of breach notification entityNot later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall designate a Federal Government entity to receive notices, reports, and information about information security incidents, threats, and vulnerabilities under this title.
				102.Exemptions from notification to individuals
				(a)Exemption for national security and law enforcement
 (1)In generalNotwithstanding section 101, if the Director of the United States Secret Service or the Director of the Federal Bureau of Investigation determines that notification of the security breach required by such section could be expected to reveal sensitive sources and methods or similarly impede the ability of a Federal, State, or local law enforcement agency to conduct law enforcement investigations, or if the Director of the Federal Bureau of Investigation determines that notification of the security breach could be expected to cause damage to national security, such notification is not required.
 (2)ImmunityNo cause of action for which jurisdiction is based under section 1346(b) of title 28, United States Code, shall lie against any Federal law enforcement agency for acts relating to the extension of the deadline for notification for law enforcement or national security purposes under this section.
					(b)Safe harbor
 (1)In generalA business entity is exempt from the notification requirement under section 101, if the following requirements are met:
 (A)Risk assessmentA risk assessment, in accordance with paragraph (3), is conducted by or on behalf of the business entity that concludes that there is no reasonable risk that a security breach has resulted in, or will result in, harm to the individuals whose sensitive personally identifiable information was subject to the security breach.
 (B)Notice to CommissionWithout unreasonable delay and not later than 30 days after the discovery of a security breach, unless extended by the Commission, the Director of the United States Secret Service, or the Director of the Federal Bureau of Investigation under section 101 (in which case, before the extended deadline), the business entity notifies the Commission, in writing, of—
 (i)the results of the risk assessment; and (ii)the decision by the business entity to invoke the risk assessment exemption described under subparagraph (A).
 (C)Determination by CommissionDuring the period beginning on the date on which the notification described in subparagraph (B) is submitted and ending 10 days after such date, the Commission has not issued a determination in writing that a notification should be provided under section 101.
 (2)Rebuttable presumptionFor purposes of paragraph (1)— (A)the rendering of sensitive personally identifiable information at issue unusable, unreadable, or indecipherable through a security technology generally accepted by experts in the field of information security shall establish a rebuttable presumption that such reasonable risk does not exist; and
 (B)any such presumption shall be rebuttable by facts demonstrating that the security technologies or methodologies in a specific case have been, or are reasonably likely to have been, compromised.
 (3)Risk assessment requirementsA risk assessment is in accordance with this paragraph if the following requirements are met: (A)Properly conductedThe risk assessment is conducted in a reasonable manner or according to standards generally accepted by experts in the field of information security.
 (B)Logging data requiredThe risk assessment includes logging data, as applicable and to the extent available, for a period of at least six months before the discovery of a security breach described in section 101(a)—
 (i)for each communication or attempted communication with a database or data system containing sensitive personally identifiable information, the data system communication information for the communication or attempted communication, including any Internet addresses, and the date and time associated with the communication or attempted communication; and
 (ii)all log-in information associated with databases or data systems containing sensitive personally identifiable information, including both administrator and user log-in information.
 (C)Fraudulent or misleading informationThe risk assessment does not contain fraudulent or deliberately misleading information. (c)Financial fraud prevention exemption (1)In generalA business entity is exempt from the notification requirement under section 101 if the business entity uses or participates in a security program that—
 (A)effectively blocks the use of the sensitive personally identifiable information to initiate unauthorized financial transactions before they are charged to the account of the individual; and
 (B)provides notification to affected individuals after a security breach that has resulted in fraud or unauthorized transactions.
 (2)LimitationThe exemption in paragraph (1) does not apply if the information subject to the security breach includes the individual’s first and last name or any other type of sensitive personally identifiable information other than a credit card number or credit card security code.
 103.Methods of notificationA business entity shall be in compliance with the requirements of this section if, with respect to the method of notification as required under section 101, the following requirements are met:
 (1)Individual notificationNotification to an individual is by one of the following means: (A)Written notification to the last known home mailing address of the individual in the records of the business entity.
 (B)Telephone notification to the individual personally. (C)E-mail notification, if the individual has consented to receive such notification and the notification is consistent with the provisions permitting electronic transmission of notifications under section 101 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001).
 (2)Media notificationIf the number of residents of a State whose sensitive personally identifiable information was, or is reasonably believed to have been, accessed or acquired by an unauthorized person exceeds 5,000, notification is provided to media reasonably calculated to reach such individuals, such as major media outlets serving a State or jurisdiction.
 104.Content of notificationThe notification provided to individuals required by section 101 shall include, to the extent possible, the following:
 (1)A description of the categories of sensitive personally identifiable information that was, or is reasonably believed to have been, accessed or acquired by an unauthorized person.
 (2)A toll-free number— (A)that the individual may use to contact the business entity, or the agent of the business entity; and
 (B)from which the individual may learn what types of sensitive personally identifiable information the business entity maintained about that individual.
 (3)The toll-free contact telephone numbers and addresses for the major credit reporting agencies and the Commission.
 (4)The name of the business entity that has a direct business relationship with the individual. (5)Notwithstanding section 109, any information regarding victim protection assistance required by the State in which the individual resides.
				105.Coordination of notification with credit reporting agencies
 (a)Requirement To notify credit reporting agenciesIf a business entity is required to notify more than 5,000 individuals under section 101, the business entity shall also notify each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis (as defined in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p))) of the timing and distribution of the notifications. Such notification shall be given to the consumer credit reporting agencies without unreasonable delay and, if it will not delay notification to the affected individuals, prior to the distribution of notifications to the affected individuals.
 (b)Reasonable delayReasonable delay under subsection (a) shall not exceed 30 days following the discovery of a security breach, except as provided in subsection (c) or (d) of section 101 (in which case, before the extended deadline), or unless the business entity providing notification can demonstrate to the Commission that additional time is reasonably necessary to determine the scope of the security breach, prevent further disclosures, conduct the risk assessment, restore the reasonable integrity of the data system, and provide notice to the breach notification entity. If the Commission determines that additional time is necessary, the Commission may extend the time period for notification for additional periods of up to 30 days each. Any such extension shall be provided in writing.
				106.Notification for law enforcement and other purposes
 (a)Notification to law enforcement and national security authoritiesAny business entity shall notify the breach notification entity, and the breach notification entity shall promptly notify and provide that information to the United States Secret Service, the Federal Bureau of Investigation, and the Commission for civil law enforcement purposes, and shall make it available as appropriate to other Federal agencies for law enforcement, national security, or computer security purposes, if—
 (1)the number of individuals whose sensitive personally identifiable information was, or is reasonably believed to have been, accessed or acquired by an unauthorized person exceeds 5,000;
 (2)the security breach involves a database, networked or integrated databases, or other data system containing the sensitive personally identifiable information of more than 500,000 individuals nationwide;
 (3)the security breach involves databases owned by the Federal Government; or (4)the security breach involves primarily sensitive personally identifiable information of individuals known to the business entity to be employees and contractors of the Federal Government involved in national security or law enforcement.
 (b)RegulationsNot later than one year after the date of enactment of this Act, the Commission shall promulgate regulations (in accordance with section 553 of title 5, United States Code) in consultation with the Attorney General and the Secretary of Homeland Security, that describe what information is required to be included in the notification under subsection (a). In addition the Commission shall promulgate regulations, as necessary, (in accordance with section 553 of title 5, United States Code) in consultation with the Attorney General, to adjust the thresholds for notification to law enforcement and national security authorities under subsection (a) and to facilitate the purposes of this section.
 (c)Timing of notificationThe notification required under this section shall be provided as promptly as possible and at least 72 hours before notification of an individual pursuant to section 101 or 10 days after discovery of the breach requiring notification, whichever comes first.
				107.Enforcement by the Federal Trade Commission
 (a)Unfair or deceptive acts or practicesA violation of this title or a regulation promulgated under this title shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
 (b)Powers of CommissionThe Federal Trade Commission shall enforce this title and the regulations promulgated under this title in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act, except that the exceptions described in section 5(a)(2) of such Act (15 U.S.C. 45(a)(2)) shall not apply. Any business entity who violates this title or a regulation promulgated under this title shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.
 (c)Federal Communications CommissionIn a case in which enforcement under this title involves a business entity that is subject to the authority of the Federal Communications Commission, enforcement actions by the Commission, the Commission shall consult with the Federal Communications Commission.
 (d)Consumer Financial Protection BureauIn a case in which enforcement under this title relates to financial information or information associated with the provision of a consumer financial product or service, enforcement actions by the Commission, the Commission shall consult with the Consumer Financial Protection Bureau.
 (e)Consultation with the Attorney General requiredThe Commission shall consult with the Attorney General before opening an investigation. If the Attorney General determines that such an investigation would impede an ongoing criminal investigation or national security activity, the Commission may not open such investigation.
				(f)Regulations
 (1)In generalThe Commission may promulgate regulations, in addition to the regulations promulgated pursuant to section 106(b), relating to the duties of the Commission under this title, in accordance with section 553 of title 5, United States Code, as the Commission determines to be necessary to carry out this title.
 (2)Federal Communications CommissionWith regard to a regulation promulgated under this section that relates to an entity subject to the authority of the Federal Communications Commission, the Commission may only promulgate such regulation after consultation with the Federal Communications Commission.
 (3)Consumer Financial Protection BureauWith regard to a regulation promulgated under this section that relates to financial information or information associated with the provision of a consumer financial product or service, the Commission may only promulgate such regulation after consultation with the Consumer Financial Protection Bureau.
					108.Enforcement by State attorneys general
				(a)In general
 (1)Civil actionsIn any case in which the attorney general of a State or an official or agency of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by an act or practice in violation of this title or a regulation promulgated under this title, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to—
 (A)enjoin that practice; (B)enforce compliance with this title; or
 (C)impose civil penalties of not more than $1,000 per day per individual whose sensitive personally identifiable information was, or is reasonably believed to have been, accessed or acquired by an unauthorized person, up to a maximum of $1,000,000 per violation, unless such conduct is found to be willful or intentional.
 (2)NoticeBefore filing an action under paragraph (1), the attorney general, official, or agency of the State involved shall provide to the Attorney General and the Commission—
 (A)a written notice of the action; and (B)a copy of the complaint for the action.
 (3)Attorney General certificationAn action may not be filed under paragraph (1) if the Attorney General determines that the filing would impede a criminal investigation or national security activity.
 (b)Authority of Federal Trade CommissionUpon receiving notice under subsection (a)(2), the Commission may— (1)move to stay the action, pending the final disposition of a pending Federal proceeding or action;
 (2)initiate an action in the appropriate United States district court under section 107 and move to consolidate all pending actions, including State actions, in such court;
 (3)intervene in the action brought under subsection (a); or (4)file petitions for appeal.
 (c)Pending proceedingsIf the Commission has instituted a proceeding or action for a violation of this title or any regulations promulgated under this title, a State attorney general, official, or agency may not bring an action under this title during the pendency of the Federal action against any defendant named in such proceeding or action for any violation that is alleged in that proceeding or action.
 (d)ConstructionFor purposes of bringing any civil action under subsection (a), nothing in this title shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on such attorney general, official, or agency by the laws of that State to—
 (1)conduct investigations; (2)administer oaths or affirmations; or
 (3)compel the attendance of witnesses or the production of documentary and other evidence. (e)Venue; service of process (1)VenueAny action brought under subsection (a) may be brought in—
 (A)the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or
 (B)another court of competent jurisdiction. (2)Service of processIn an action brought under subsection (a), process may be served in any district in which the defendant—
 (A)is an inhabitant; or (B)may be found.
 109.Effect on State lawThe provisions of this title shall supersede any provision of the law of any State, or a political subdivision thereof, relating to notification by a business entity engaged in interstate commerce of a security breach, except as provided in section 104(5).
			110.Reporting on security breaches
 (a)Report required on national security and law enforcement exemptionsNot later than 18 months after the date of enactment of this title, and annually thereafter, the Director of the United States Secret Service and the Director of the Federal Bureau of Investigation shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on a report on the number and nature of security breaches subject to the national security and law enforcement exemptions under section 102(a).
 (b)Report required on safe harbor exemptionsNot later than 18 months after the date of enactment of this title, and annually thereafter, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the number and nature of the security breaches described in the notices filed by business entities invoking the risk assessment exemption under section 102(b) and the response of the Commission to such notices.
 111.Excluded business entitiesNothing in this title, or the regulations promulgated under this title, shall apply to— (1)business entities to the extent that such entities act as covered entities or business associates (as such terms are defined in section 13400 of the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. 17921)) subject to section 13402 of such Act (42 U.S.C. 17932); and
 (2)business entities to the extent that they act as vendors of personal health records (as such term is defined in section 13400 of such Act (42 U.S.C. 17921)) and third-party service providers subject to section 13407 of such Act (42 U.S.C. 17937).
 112.DefinitionsIn this title: (1)AffiliateThe term affiliate means persons related by common ownership or by corporate control.
 (2)Breach notification entityThe term breach notification entity means the Federal Government entity designated pursuant to section 101(e). (3)Business entityThe term business entity means any organization, corporation, trust, partnership, sole proprietorship, unincorporated association, or venture, whether or not established to make a profit.
 (4)CommissionThe term Commission means the Federal Trade Commission. (5)Consumer financial product or serviceThe term consumer financial product or service has the meaning given that term in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481).
 (6)Data system communication informationThe term data system communication information means dialing, routing, addressing, or signaling information that identifies the origin, direction, destination, processing, transmission, or termination of each communication initiated, attempted, or received.
 (7)Date and timeThe term date and time includes the date, time, and specification of the time zone offset from Coordinated Universal Time.
 (8)Federal agencyThe term Federal agency has the meaning given the term agency in section 3502 of title 44, United States Code. (9)Intelligence communityThe term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
 (10)Internet addressThe term Internet address means an Internet Protocol address as specified by the Internet Protocol version 4 or 6 protocol, or any successor protocol or any unique number for a specific host on the Internet.
				(11)Security breach
 (A)In generalThe term security breach means a compromise of the security, confidentiality, or integrity of, or the loss of, computerized data that results in, or there is a reasonable basis to conclude has resulted in—
 (i)the unauthorized acquisition of sensitive personally identifiable information; or (ii)access to sensitive personally identifiable information that is for an unauthorized purpose, or in excess of authorization.
 (B)ExclusionThe term security breach does not include any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an element of the intelligence community.
 (12)Sensitive personally identifiable informationThe term sensitive personally identifiable information means any information or compilation of information, in electronic or digital form that includes one or more of the following:
 (A)An individual’s first and last name or first initial and last name in combination with any two of the following data elements:
 (i)Home address or telephone number. (ii)Mother’s maiden name.
 (iii)Month, day, and year of birth. (B)A social security number (but not including only the last four digits of a social security number), driver’s license number, passport number, or alien registration number or other government-issued unique identification number.
 (C)Unique biometric data such as a finger print, voice print, a retina or iris image, or any other unique physical representation.
 (D)A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code.
 (E)A user name or electronic mail address, in combination with a password or security question and answer that would permit access to an online account.
 (F)Any combination of the following data elements: (i)An individual’s first and last name or first initial and last name.
 (ii)A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code.
 (iii)Any security code, access code, or password, or source code that could be used to generate such codes or passwords.
 (13)Modified definition by rulemakingThe Commission may, by rule promulgated under section 553 of title 5, United States Code, amend the definition of sensitive personally identifiable information to the extent that such amendment will accomplish the purposes of this title. In amending the definition, the Commission may determine—
 (A)that any particular combinations of information are sensitive personally identifiable information; or
 (B)that any particular piece of information, on its own, is sensitive personally identifiable information.
 113.Effective dateThis title shall take effect 90 days after the date of enactment of this Act. IIExtraterritorial Application of Cyber Crime Law 201.Extraterritorial jurisdictionSubsection (h) of section 1029 of title 18, United States Code, is amended to read as follows:

 (h)Any person who, outside the jurisdiction of the United States, engages in any act that, if committed within the jurisdiction of the United States, would constitute an offense under subsection (a) or (b), shall be subject to the fines, penalties, imprisonment, and forfeiture provided in this title if the offense involves an access device issued, owned, managed, or controlled by a financial institution, account issuer, credit card system member, or other entity organized under the laws of the United States, or any State, the District of Columbia, or other territory of the United States..


116 HR 3119 IH: Biliteracy Education Seal and Teaching Act
U.S. House of Representatives
2019-06-05
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. 3119IN THE HOUSE OF REPRESENTATIVESJune 5, 2019Ms. Brownley of California (for herself, Mr. Carbajal, Mrs. Napolitano, Mr. Cárdenas, and Mr. Langevin) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo award grants to States to establish or improve, and carry out a Seal of Biliteracy program to
			 recognize high-level student proficiency in speaking, reading, and writing
			 in both English and a second language.

 1.Short titleThis Act may be cited as the Biliteracy Education Seal and Teaching Act or the BEST Act. 2.FindingsCongress finds the following:
 (1)The people of the United States celebrate cultural and linguistic diversity and seek to prepare students with skills to succeed in the 21st century.
 (2)It is fitting to commend the dedication of students who have achieved proficiency in multiple languages and to encourage their peers to follow in their footsteps.
 (3)The study of world languages in elementary and secondary schools should be encouraged because it contributes to a student’s cognitive development and to the national economy and security.
 (4)The congressionally requested Commission on Language Learning, in its 2017 report America’s Languages: Investing in Language Education for the 21st Century, notes the pressing national need for more Americans proficient in two or more languages, for national security, economic growth, and the fulfillment of the potential of all Americans.
 (5)Recognition of student achievement in language proficiency will enable institutions of higher education and employers to readily recognize and acknowledge the valuable expertise of bilingual students in academia and the workplace.
 (6)California has pioneered the first State system in the Nation to recognize students for achieving proficiency in multiple languages. In 2012, California awarded a Seal of Biliteracy to over 10,000 graduating high school seniors in 37 school districts. By 2019, 35 States and the District of Columbia will have adopted the Seal of Biliteracy.
 (7)Students in every State should be able to benefit from a Seal of Biliteracy program. 3.State Seal of Biliteracy program (a)EstablishmentThe Secretary of Education shall award grants to States to establish or improve, and carry out a Seal of Biliteracy program to recognize student proficiency in speaking, reading, and writing in both English and a second language.
 (b)Grant applicationIn order to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including—
 (1)a description of the criteria a student must meet to demonstrate proficiency in speaking, reading, and writing in both English and a second language;
 (2)assurances that a student who meets the requirements under paragraph (1)— (A)receives a permanent seal or other marker on the student’s secondary school diploma or its equivalent; and
 (B)receives documentation of proficiency in the student’s official academic transcript; and (3)assurances that a student is not charged a fee for submitting an application under subsection (c).
 (c)Student participation in a Seal of Biliteracy programTo participate in a Seal of Biliteracy program, a student must submit an application to the State that serves the student at such time, in such manner, and containing such information and assurances as the State may require, including assurances that the student—
 (1)will receive a secondary school diploma or its equivalent in the year the student submits an application; and
 (2)has met the criteria established by the State under subsection (b)(1). (d)Student eligibility for applicationA student who gained proficiency in a second language outside of school may apply to participate in a Seal of Biliteracy program under subsection (c).
 (e)Use of fundsGrant funds made available under this section shall be used for— (1)the administrative costs of establishing or improving, and carrying out a Seal of Biliteracy program; and
 (2)public outreach and education about such program. (f)Grant terms (1)DurationA grant awarded under this section shall be for a period of 2 years, and may be renewed at the discretion of the Secretary.
 (2)RenewalAt the end of a grant term, the recipient of such grant may reapply for a grant under this section. (3)LimitationsA grant recipient under this section shall not have more than 1 grant under this section at anytime.
 (4)Return of unspent grant fundsNot later than 6 months after the date on which a grant term ends, a recipient of a grant under this section shall return any unspent grant funds to the Secretary.
 (g)ReportNot later than 9 months after receiving a grant under this section, a grant recipient shall issue a report to the Secretary describing the implementation of the Seal of Biliteracy program for which the State received such grant.
 (h)DefinitionsIn this section: (1)ESEA definitionsThe terms secondary school, Secretary, and State have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
 (2)Second languageThe term second language means any language other than English, including Braille and American Sign Language. (3)Seal of Biliteracy programThe term Seal of Biliteracy program means any program established or improved, and carried out with funds received under this section.
 (i)Authorization of appropriationsThere is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2020 through 2024 to carry out this section.


115 SCON 57 ES: Authorizing the printing of a commemorative document in memory of the late President of the United States, George Herbert Walker Bush.
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.

115th CONGRESS2d SessionS. CON. RES. 57IN THE SENATE OF THE UNITED STATESCONCURRENT RESOLUTIONAuthorizing the printing of a commemorative document in memory of the
 late President of the United States, George Herbert Walker Bush.1.Commemorative document authorized(a)In generalA commemorative document in memory of the late President of the United States, George Herbert Walker Bush, shall be printed as a House document, with illustrations and suitable binding, under the direction of the Joint Committee on Printing.(b)ContentsThe document shall consist of the eulogies and encomiums for George Herbert Walker Bush, as expressed in the Senate and the House of Representatives, together with the texts of each of the following:(1)The state funeral ceremony at the United States Capitol Rotunda.(2)The national funeral service held at the Washington National Cathedral, Washington, District of Columbia.(3)The memorial service held at St. Martin's Episcopal Church, Houston, Texas.(4)The interment ceremony at the George Herbert Walker Bush Presidential Library Center, College Station, Texas.2.Printing of documentIn addition to the usual number of copies printed, there shall be printed the lesser of—(1)32,500 copies of the commemorative document, of which 22,150 copies shall be for the use of the House of Representatives and 10,350 copies shall be for the use of the Senate; or(2)such number of copies of the commemorative document that does not exceed a production and printing cost of $1,000,000, with distribution of the copies to be allocated in the same proportion as described in paragraph (1).Passed the Senate December 4, 2018.Secretary


		II
		112th CONGRESS
		1st Session
		S. 48
		IN THE SENATE OF THE UNITED STATES

			January 25
			 (legislative day, January 5), 2011
			Mr. Inouye (for himself,
			 Mr. Reed, and Mr. Begich) introduced the following bill; which was
			 read twice and referred to the Committee
			 on Health, Education, Labor, and Pensions

		A BILL
		To amend the Public Health Service Act to provide for the
		  participation of pharmacists in National Health Services Corps programs, and
		  for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Pharmacist Student Loan Repayment
			 Eligibility Act of 2011.
		2.National health
			 service corps; participation of pharmacists in loan repayment program
			(a)National Health
			 Service CorpsSection 331(b) of the Public Health Service Act (42
			 U.S.C. 254d(b)) is amended—
				(1)in paragraph (1),
			 by striking nursing and other schools of the health professions,
			 and inserting nursing, pharmacy, and other schools of the health
			 professions,; and
				(2)in paragraph (2),
			 by striking and physician assistants who have an interest and a
			 commitment to providing primary health care, and inserting
			 physician assistants, and pharmacists who have an interest and
			 commitment to providing primary health care,.
				(b)National Health
			 Service Corps loan repayment programSection 338B of the Public
			 Health Service Act (42 U.S.C. 254l–1) is amended—
				(1)in subsection
			 (a)(1), by striking and physician assistants and inserting
			 physician assistants, and pharmacists; and
				(2)in subsection
			 (b)(1)—
					(A)in subparagraph
			 (A), by striking dentistry, or another health profession, and
			 inserting dentistry, pharmacy, or another health profession,;
			 and
					(B)in subparagraph
			 (C)(ii), by striking dentistry, or other health profession and
			 inserting dentistry, pharmacy, or other health
			 profession.
					(c)Corps
			 personnelSection 333(e) of the Public Health Service Act (42
			 U.S.C. 254f(e)) is amended by striking dentistry, or any other health
			 profession and inserting dentistry, pharmacy, or any other
			 health profession.


113 HR 3609 IH: To designate the facility of the United States Postal Service located at 3260 Broad Street in Port Henry, New York, as the Dain Taylor Venne Post Office Building.
U.S. House of Representatives
2013-11-21
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.

I113th CONGRESS1st SessionH. R. 3609IN THE HOUSE OF REPRESENTATIVESNovember 21, 2013Mr. Owens (for himself, Mr. Bishop of New York, Mr. King of New York, Mr. Israel, Mrs. McCarthy of New York, Mr. Meeks, Ms. Meng, Ms. Velázquez, Ms. Clarke, Mr. Nadler, Mr. Grimm, Mr. Rangel, Mr. Crowley, Mr. Serrano, Mr. Engel, Mr. Sean Patrick Maloney of New York, Mr. Gibson, Mr. Tonko, Mr. Hanna, Mr. Reed, Mr. Maffei, Ms. Slaughter, Mr. Higgins, Mr. Collins of New York, and Mrs. Carolyn B. Maloney of New York) introduced the following bill; which was referred to the Committee on Oversight and Government ReformA BILLTo designate the facility of the United States Postal Service located at 3260 Broad Street in Port Henry, New York, as the Dain Taylor Venne Post Office Building.1.Dain Taylor Venne Post Office Building(a)DesignationThe facility of the United States Postal Service located at 3260 Broad Street in Port Henry, New York, shall be known and designated as the Dain Taylor Venne 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 Dain Taylor Venne Post Office Building.


		III
		111th CONGRESS
		2d Session
		H. CON. RES. 258
		IN THE SENATE OF THE UNITED
		  STATES

			July 28, 2010
			Received and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		CONCURRENT RESOLUTION
		Congratulating the Commandant of the Coast
		  Guard and the Superintendent of the Coast Guard Academy and its staff for 100
		  years of operation of the Coast Guard Academy in New London, Connecticut, and
		  for other purposes.

		Whereas the School of Instruction to the U.S. Revenue
			 Cutter Academy was established at Fort Trumbull in New London, Connecticut, in
			 1910, which later became known as the Coast Guard Academy after the
			 consolidation of the Life Saving Service and the Revenue Cutter Service in
			 1915;
		Whereas the Coast Guard Academy moved to its present
			 location along the banks of the Thames River in 1932;
		Whereas in 1946, the former German Navy training vessel
			 HORST WESSEL was acquired by the United States for use by the Coast Guard and
			 renamed EAGLE, which today travels around the world each year;
		Whereas for 100 years, the Coast Guard Academy has called
			 New London, Connecticut, home, where it has trained and shaped the leadership
			 of the Coast Guard;
		Whereas today, the Coast Guard Academy is a highly
			 competitive educational institution that attracts driven, committed leaders who
			 go on to serve our Nation in the many diverse roles played by our Coast
			 Guard;
		Whereas the rigorous academic program of the Coast Guard
			 Academy provides a holistic education that includes academics, physical
			 fitness, character, and leadership, and that trains cadets in the multiple
			 roles of the Coast Guard’s multimission responsibilities;
		Whereas the Coast Guard Academy is an integral part of the
			 southeastern Connecticut community and its cadets participate in many community
			 service projects throughout the region, working with school systems and serving
			 as mentors for children;
		Whereas the Coast Guard Academy is a vital link to the
			 maritime legacy of Connecticut and our Nation, and an important part of our
			 Nation’s defense; and
		Whereas in 2010, in honor of its 100th year in New London,
			 Connecticut, the Coast Guard Academy will open its gates to the public for
			 events highlighting this milestone, including concerts, art exhibits, an open
			 house, and other events to allow Americans to learn more about this unique
			 educational institution: Now, therefore, be it

		That Congress—
			(1)congratulates the
			 Commandant of the Coast Guard and the Superintendent of the Coast Guard Academy
			 and its staff for 100 years of operation of the Coast Guard Academy in New
			 London, Connecticut;
			(2)honors the many men and women who have
			 graduated from the Coast Guard Academy and served on behalf of our Nation over
			 the last 100 years; and
			(3)encourages all
			 Americans to learn more about the Coast Guard Academy, its mission, and its
			 long history of training the men and women of the Coast Guard.

			Passed the House of
			 Representatives July 27, 2010.
			Lorraine C. Miller,
			Clerk


I
One Hundred Twelfth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and twelve
H. R. 6118

AN ACT
To amend section 353 of the Public Health Service Act with respect to suspension, revocation, and limitation of laboratory certification.

1.Short titleThis Act may be cited as the Taking Essential Steps for Testing Act of 2012.
2.Suspension, revocation, and limitation of laboratory certificationSection 353 of the Public Health Service Act (42 U.S.C. 263a) is amended—
(1)in subsection (d)(1)(E), by inserting , except that no proficiency testing sample shall be referred to another laboratory for analysis as prohibited under subsection (i)(4) before the period at the end; and
(2)in subsection (i)—
(A)in paragraph (3), by inserting before the period at the end of the first sentence the following: , except that if the revocation occurs pursuant to paragraph (4) the Secretary may substitute intermediate sanctions under subsection (h) instead of the 2-year prohibition against ownership or operation which would otherwise apply under this paragraph; and
(B)in paragraph (4), by striking shall the first place it appears and inserting may.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.