114 S1069 IS: Complete America’s Great Trails Act
U.S. Senate
2015-04-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 1069IN THE SENATE OF THE UNITED STATESApril 23, 2015Mr. Blumenthal (for himself, Ms. Warren, Ms. Baldwin, and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to allow a credit against income tax for qualified
			 conservation contributions which include National Scenic Trails.

 1.Short titleThis Act may be cited as the Complete America’s Great Trails Act.
		2.National Scenic
			 Trail conservation credit
			(a)In
 generalSubpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

					30E.National Scenic
				Trail conservation credit
						(a)Allowance of
 creditThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the fair market value of any National Scenic Trail conservation contribution of the taxpayer for the taxable year.
						(b)National Scenic
 Trail conservation contributionFor purposes of this section— (1)In generalThe term National Scenic Trail conservation contribution means any qualified conservation contribution—
 (A)to the extent the qualified real property interest with respect to such contribution includes a National Scenic Trail (or portion thereof) and its trail corridor, and
 (B)with respect to which the taxpayer makes an election under this section.
								(2)National Scenic
 TrailThe term National Scenic Trail means any trail authorized and designated under section 5 of the National Trails System Act (16 U.S.C. 1244), but only if such trail is at least 200 miles in length.
							(3)Trail
 corridorThe term trail corridor means so much of the corridor of a trail as is—
 (A)not less than—
 (i)150 feet wide on each side of such trail, or
 (ii)in the case of an interest in real property of the taxpayer which includes less than 150 feet on either side of such trail, the entire distance with respect to such interest on such side, and
 (B)not greater than 2,640 feet wide.
								(4)Qualified
 conservation contribution; qualified real property interestThe terms qualified conservation contribution and qualified real property interest have the respective meanings given such terms by section 170(h), except that paragraph (2)(A) thereof shall be applied without regard to any qualified mineral interest (as defined in paragraph (6) thereof).
							(c)Special
				rules
							(1)Fair market
 valueFair market value of any National Scenic Trail conservation contribution shall be determined in the same manner as qualified conservation contributions under section 170, except that in any case, to the extent practicable, fair market value shall be determined by reference to the highest and best use of the real property with respect to such contribution.
							(2)Election
 irrevocableAn election under this section may not be revoked.
							(3)Denial of double
 benefitNo deduction shall be allowed under this chapter with respect to any qualified conservation contribution with respect to which an election is made under this section.
							(d)Application with other credits
 (1)Business credit treated as part of general business creditSo much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property used in a trade or business or held for the production of income shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)).
 (2)Personal creditFor purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after the application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.
							(e)Carryforward of unused credit
							(1)In
 generalIf the credit allowable under subsection (a) exceeds— (A)the limitation imposed by section 26(a) for any taxable year, reduced by
 (B)the sum of the credits allowable under subpart A (other than this section) for the taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.(2)LimitationNo credit may be carried forward under this subsection to any taxable year following the tenth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis..
			(b)Continued use
 not inconsistent with conservation purposesA contribution of an interest in real property shall not fail to be treated as a National Scenic Trail conservation contribution (as defined in section 30E(b) of the Internal Revenue Code of 1986) solely by reason of continued use of the real property, such as for recreational or agricultural use (including motor vehicle use related thereto), if, under the circumstances, such use does not impair significant conservation interests and is not inconsistent with the purposes of the National Trails System Act (16 U.S.C. 1241 et seq.).
			(c)Study regarding
			 efficacy of National Scenic Trail conservation credit
				(1)In
 generalThe Secretary of the Interior shall, in consultation with the Secretary of the Treasury, study—
 (A)the efficacy of the National Scenic Trail conservation credit under section 30E of the Internal Revenue Code of 1986 in completing, extending, and increasing the number of National Scenic Trails (as defined in section 30E(b) of such Code), and
 (B)the feasibility and estimated costs and benefits of—
 (i)making such credit refundable (in whole or in part), and
 (ii)allowing transfer of such credit.
 (2)ReportNot later than 4 years after the date of the enactment of this Act, the Secretary of the Interior shall submit a report to Congress on the results of the study conducted under this subsection.
				(d)Conforming
 amendmentThe table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:
				30E. National Scenic Trail conservation
				credit..
			(e)Effective
 dateThe amendments made by this section shall apply to contributions made after the date of the enactment of this Act.


117 HR 2155 IH: Toxic Health Threat Warning Act of 2021
U.S. House of Representatives
2021-03-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 2155IN THE HOUSE OF REPRESENTATIVESMarch 23, 2021Mr. Mast introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo require the Corps of Engineers to notify affected communities before releasing water contaminated with cyanobacteria from flood risk management projects, and for other purposes.
1.Short titleThis Act may be cited as the Toxic Health Threat Warning Act of 2021. 2.Releases of water contaminated with cyanobacteria (a)DeterminationBefore releasing water from a flood risk management project, the Secretary shall determine whether the water is contaminated with cyanobacteria, based on tests conducted by the Secretary, another Federal agency, or the State in which the flood risk management project is located.
(b)NotificationIf the Secretary determines under subsection (a) that water to be released from a flood risk management project is contaminated with cyanobacteria, the Secretary shall notify the public and affected governments of the contamination and planned release, and any potential effects on human health, before releasing the water. (c)DefinitionsIn this section:
(1)Affected governmentThe term affected government means a State, local, or Tribal government with jurisdiction over an area that will be affected by a release of water from a flood risk management project. (2)SecretaryThe term Secretary means the Secretary of the Army, acting through the Chief of Engineers.


		II

		109th CONGRESS

		2d Session

		S. 2422

		IN THE SENATE OF THE UNITED STATES

			March 15, 2006

			Mr. Vitter (for himself

			 and Mr. Lott) introduced the following

			 bill; which was read twice and referred to the

			 Committee on Commerce, Science, and

			 Transportation

		A BILL

		To establish a Conservation and Habitat Restoration Fund

		  and to require the Secretary of Commerce to provide grants to States for

		  coastal zone management, coastal wetlands conservation, coastal land

		  protection, and fisheries habitat restoration, and to improve understanding of

		  coastal areas, and for other purposes.

		1.Short

			 titleThis Act may be cited as

			 the Coastal Conservation and Habitat

			 Restoration Act of 2006.

		2.DefinitionsIn this Act:

			(1)Coastal

			 political subdivisionThe term coastal political

			 subdivision means a county, parish, or other equivalent subdivision of a

			 Coastal State, all or part of which, on the date of the enactment of this Act,

			 lies within the boundaries of the coastal zone of the State, as identified in

			 the coastal zone management program of the State approved under the

			 Coastal Zone Management Act of 1972

			 (16 U.S.C. 1451 et seq.).

			(2)Coastal

			 StateExcept as otherwise provided, the term coastal

			 State shall have the meaning given such term in section 304 of the

			 Coastal Zone Management Act of 1972 (16 U.S.C. 1453)

			(3)Coastal

			 zoneThe term coastal zone means the coastal zone

			 as determined under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et

			 seq.) on the date of the enactment of this Act.

			(4)CoastlineThe

			 term coastline has the meaning given the term coast

			 line in section 2(c) of the Submerged Lands Act (43 U.S.C.

			 1301(c)).

			(5)FundThe

			 term Fund means the Coastal Conservation and Habitat Restoration

			 Fund established by section 3.

			(6)PlanThe

			 term Plan means a Coastal Conservation and Habitat Restoration

			 Plan described in section 4.

			(7)Qualified outer

			 Continental Shelf revenuesThe term qualified outer

			 Continental Shelf revenues means all amounts received by the United

			 States, from each leased tract or portion of a leased tract lying seaward of

			 the zone defined and governed by section 8(g) of the Outer Continental Shelf

			 Lands Act (43 U.S.C. 1337(g)) (or lying within that zone but to which such

			 section 8(g) does not apply), including bonus bids, rents, royalties (including

			 payments for royalties taken in kind and sold), net profit share payments, and

			 related interest.

			(8)SecretaryThe

			 term Secretary means the Secretary of Commerce.

			3.Coastal

			 Conservation and Habitat Restoration Fund

			(a)EstablishmentThere

			 is established in the Treasury of the United States a separate account to be

			 known as the Coastal Conservation and Habitat Restoration

			 Fund.

			(b)Deposited

			 amountsThe Secretary of the Treasury shall deposit into the Fund

			 for each fiscal year, without further appropriation, the following

			 amounts:

				(1)Digital

			 Transition and Public Safety FundAmounts deposited in the

			 Digital Transition and Public Safety Fund that exceed $11,000,000,000.

				(2)Royalty

			 revenuesDuring each of the fiscal years 2006 through 2016, an

			 amount equal to the amount of all qualified outer Continental Shelf revenues

			 attributable to royalties received by the United States during the previous

			 fiscal year that are in excess of the following amount for the applicable

			 year:

					(A)$7,000,000,000 in

			 the case of royalties received in fiscal year 2006.

					(B)$8,300,000,000 in

			 the case of royalties received in fiscal year 2007.

					(C)$9,500,000,000 in

			 the case of royalties received in fiscal year 2008.

					(D)$9,100,000,000 in

			 the case of royalties received in fiscal year 2009.

					(E)$9,600,000,000 in

			 the case of royalties received in fiscal year 2010.

					(F)$9,650,000,000 in

			 the case of royalties received in fiscal year 2011.

					(G)$9,100,000,000 in

			 the case of royalties received in fiscal year 2012.

					(H)$10,900,000,000

			 in the case of royalties received in fiscal year 2013.

					(I)$10,900,000,000

			 in the case of royalties received in fiscal year 2014.

					(J)$11,000,000,000

			 in the case of royalties received in fiscal year 2015.

					(K)$11,100,000,000

			 in the case of royalties received in fiscal year 2016.

					(3)Bonus

			 bidsDuring the fiscal years 2006 through 2016, an amount equal

			 to the amount of all qualified outer Continental Shelf revenues attributable to

			 bonus bids received by the United States that are in excess of $850,000,000

			 during the previous fiscal year.

				(4)Ocean

			 activitiesDuring a fiscal year after 2016, an amount equal to 50

			 percent of all qualified outer Continental Shelf revenues received by the

			 United States during the preceding fiscal year.

				(5)Other

			 fundsAny other amounts that are appropriated to the Fund.

				(c)Apportionment

			 of funds

				(1)In

			 generalThe Secretary shall use amounts in the Fund remaining

			 after the application of subsection (d), without further appropriation, to make

			 payments to each coastal State, if the Secretary has approved a Plan for such

			 State under section 4, during December of 2005, and December of each year

			 thereafter, from revenues in the Fund based upon calculations from revenues

			 generated in the immediately preceding fiscal year.

				(2)AllocationThe

			 payments made under paragraph (1) shall be allocated as follows:

					(A)20 percent shall

			 be apportioned among the coastal States so that the ratio of the amount

			 apportioned to each coastal State under this subparagraph bears to the total

			 amount so apportioned for the fiscal year is equal to the ratio that the

			 coastline of such State bears to the total coastline of all coastal States, as

			 determined by the Secretary.

					(B)40 percent shall

			 be apportioned among the coastal States so that the ratio of the amount

			 apportioned to each coastal State under this subparagraph bears to the total

			 amount so apportioned for the fiscal year is equal to the ratio that the

			 average qualified outer Continental Shelf revenues generated off the coastline

			 of such State over the previous 40 year period to the average qualified outer

			 Continental Shelf revenues generated off the coastline of all coastal States

			 over the previous 40 year period.

					(C)40 percent shall

			 be apportioned among the coastal States so that the ratio of the amount

			 apportioned to each coastal State under this subparagraph bears to the total

			 amount so apportioned is equal to the ratio of qualified outer Continental

			 Shelf revenues generated off the coastline of a coastal State for the previous

			 fiscal year to the qualified outer Continental Shelf revenues generated off the

			 coastline of all coastal States during the previous fiscal year.

					(3)Payments to

			 coastal political subdivisions

					(A)In

			 generalThe Secretary shall pay 35 percent of the amount

			 allocated to each coastal State, as determined under paragraph (2), to the

			 coastal political subdivisions of such coastal State.

					(B)AllocationOf

			 the amount paid to coastal political subdivisions of a coastal State under

			 subparagraph (A), 100 percent shall be apportioned among such coastal political

			 subdivisions so that the ratio of the amount apportioned to each coastal

			 political subdivision under this subparagraph bears to the total amount so

			 apportioned for the fiscal year for the coastal State is equal to the ratio

			 that the coastline of such coastal political subdivision bears to the total

			 coastline of the coastal State, as determined by the Secretary.

					(4)Determination

			 of qualified outer Continental Shelf revenuesFor purposes of

			 paragraph (2), qualified outer Continental Shelf revenues shall be considered

			 to be generated off the coastline of a State if such revenues were produced

			 within the area offshore of the State identified as the Federal Outer

			 Continental Shelf administrative boundary of the State by the Director of the

			 Minerals Management Service in the notice published January 3, 2006, entitled

			 Federal Outer Continental Shelf (OCS) Administrative Boundaries Extending from

			 the Submerged Lands Act Boundary seaward to the Limit of the United States

			 Outer Continental Shelf (71 Fed. Reg. 127).

				(5)NotificationThe

			 Secretary shall notify each coastal State of its apportionment and the amounts

			 of such apportionment shall be available to such State to carry out activities

			 described in such State's approved Plan.

				(6)ReapportionmentAny

			 amount of any apportionment under this subsection that has not been paid or

			 obligated by the Secretary during the fiscal year in which such notification is

			 given and the two fiscal years thereafter shall be reallocated by the Secretary

			 in accordance with paragraph (2).

				(7)Treatment of

			 States

					(A)Special rule

			 for apportionmentFor the purposes of payment and allocation

			 under paragraphs (1) and (2), Puerto Rico, the Virgin Islands, Guam, and

			 American Samoa—

						(i)shall be treated

			 collectively as one coastal State; and

						(ii)shall each be

			 allocated an equal share of any amount distributed to them pursuant to

			 paragraph (2).

						(B)Other

			 purposesEach of the areas referred to in subparagraph (A) shall

			 be treated as a State for all other purposes of this Act.

					(d)Administrative

			 costsThe Secretary may use not more than

			 1/2 of 1 percent of the amount in the Fund during a fiscal

			 year to pay the administrative costs of implementing this Act.

			4.Coastal

			 Conservation and Habitat Restoration Plan

			(a)Requirement for

			 Plan

				(1)In

			 generalThe Secretary may provide amounts from the Fund to a

			 coastal State under section 3 only if the Secretary has approved a Coastal

			 Conservation and Habitat Restoration Plan for such coastal State as described

			 in this section.

				(2)Plans by

			 political subdivisionThe Governor shall include in the Plan

			 submitted by the State any Plan prepared by a coastal political subdivision of

			 the State.

				(b)Content of

			 PlanA Plan submitted under this section shall include activities

			 to be carried out—

				(1)to implement a

			 management program approved under section 306 of the Coastal Zone Management

			 Act of 1972 (16 U.S.C. 1455);

				(2)to conserve and

			 restore coastal lands and wetlands, including measures to address

			 subsidence;

				(3)to protect areas

			 of the coastal zone from damage attributable to natural disasters, including

			 activities to protect property and lives from natural disasters;

				(4)to improve the

			 knowledge and understanding of coastal habitats, including the acquisition and

			 installation of equipment designed to collect data on such habitats;

				(5)to restore

			 fisheries and coastal habitat; and

				(6)to mitigate and

			 prevent damages from offshore activities carried out in or near the coastal

			 zone.

				(c)Requirement for

			 public participationIn the development of the Plan, the Governor

			 and the coastal political subdivision shall—

				(1)solicit local

			 input; and

				(2)provide for

			 public participation.

				(d)Schedule for

			 reviewNot later than 90 days after a Plan of a State is

			 submitted under this subsection, the Secretary shall approve or disapprove the

			 plan.

			(e)Amendments or

			 modificationAny amendment to or revision of a plan approved

			 under this section shall be—

				(1)prepared and

			 submitted in accordance with the requirements of this section; and

				(2)approved or

			 disapproved by the Secretary not later than 90 days after such amendment or

			 revision is submitted.

				(f)Use of

			 fundsA coastal State and a coastal political subdivision shall

			 use any grant received under this Act—

				(1)to carry out

			 activities described in the Plan for such coastal State approved by the

			 Secretary in a manner that is consistent with Federal and State law; and

				(2)for any payment

			 that is eligible to be made with funds provided to States under section 35 of

			 the Mineral Leasing Act (30 U.S.C. 191).

				(g)Improper use of

			 fundsIf the Secretary

			 determines that an expenditure made by a coastal State or coastal political

			 subdivision is not in accordance with the approved Plan of the State (including

			 any plan of a coastal political subdivision included in the plan of the State),

			 the Secretary shall not disburse any additional amount under this Act to such

			 State or subdivision until—

				(1)the amount of the

			 expenditure is repaid to the Secretary; or

				(2)the Secretary

			 approves an amendment to the plan that authorizes the expenditure.

				(h)Requirement for

			 signageThe Secretary shall require, as a condition of any

			 allocation of funds provided under this section, that Coastal State or coastal

			 political subdivision shall include on any sign installed at a site at or near

			 an entrance or public use area for which funds provided under this Act are used

			 a statement that the existence or development of the site is a product of those

			 funds.

			(i)Annual

			 report

				(1)Requirement for

			 reportThe Governor of a Coastal State, in coordination with the

			 coastal political subdivisions of that State, shall submit an annual report to

			 the Secretary that describes all funds received under this Act during the

			 previous fiscal year and the use of such funds.

				(2)Incorporation

			 by referenceThe annual report required by paragraph (1) may

			 incorporate by reference any other report required to be submitted under

			 another provision of law.

				5.ArbitrationThe Secretary may require, as a condition of

			 any payment under this section, that a coastal State or coastal political

			 subdivision shall submit to arbitration—

			(1)any dispute

			 between the Coastal State or coastal political subdivision and the Secretary

			 regarding implementation of this Act; and

			(2)any dispute

			 between the Coastal State and political subdivision regarding implementation of

			 this Act, including any failure to include in the plan submitted by the State

			 under section 3 any spending plan of the coastal political subdivision.

			6.ConstructionNothing in this Act shall be construed as

			 repealing, superseding, modifying, or otherwise affect any authority or

			 moratoria regarding leasing of offshore energy resources in effect on the date

			 of enactment of this Act.


		II
		110th CONGRESS
		2d Session
		S. 2889
		IN THE SENATE OF THE UNITED STATES

			April 17, 2008
			Mr. Akaka (by request)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Veterans'
			 Affairs

		A BILL
		To amend title 38, United States Code, to improve
		  veterans' health care benefits, and for other purposes.

		1.Short
			 title; references to title 38, United States Code
			(a)Short
			 titleThis Act may be cited as the Veterans Health Care Act of
			 2008.
			(b)ReferencesExcept
			 as otherwise expressly provided, whenever in this Act an amendment or repeal is
			 expressed in terms of an amendment or repeal to a section or other provision,
			 the reference shall be considered to be made to a section or other provision of
			 title 38, United States Code.
			2.Specialized
			 residential care and rehabilitation for certain veteransSection 1720 is amended by adding at the end
			 the following new subsection:

				(g)The Secretary may
				contract with appropriate entities to provide specialized residential care and
				rehabilitation services to a veteran of Operation Enduring Freedom or Operation
				Iraqi Freedom who the Secretary determines suffers from a traumatic brain
				injury, has an accumulation of deficits in activities of daily living and
				instrumental activities of daily living, and who, because of these deficits,
				would otherwise require admission to a nursing home even though such care would
				generally exceed the veteran's nursing
				needs.
				.
		3.Reimbursement
			 for certain continuing educationSection 7411 is amended to read:

				The Secretary
				shall provide full-time board-certified physicians and dentists appointed under
				section 7401(1) of this title the opportunity to continue their professional
				education through VA sponsored continuing education programs. The Secretary may
				reimburse the physician or dentist up to $1,000 per year for continuing
				professional education not available through VA
				sources.
				.
		4.Copayment
			 exemption for hospice care
			(a)Section
			 1710(f)(1) is amended by adding (except if such care constitutes hospice
			 care) after nursing home care;
			(b)Section
			 1710(g)(1) is amended by adding (except if such care constitutes hospice
			 care) after medical services.
			5.Update of
			 voluntary HIV testing policySection 124 of the Veterans' Benefits and
			 Services Act of 1988 (title I of Public Law 100–322, as amended; 38 U.S.C. 7333
			 note) is repealed.
		6.Disclosure of
			 medical records
			(a)Limited
			 exception to confidentiality of medical recordsSection 5701 is
			 amended by adding at the end the following new subsection:

					(l)Under regulations
				that the Secretary shall prescribe, the Secretary may disclose the name or
				address, or both, of any individual who is a present or former member of the
				Armed Forces, or who is a dependent of a present or former member of the Armed
				Forces, to a third party, as defined in section 1729(i)(3)(D) of this title, in
				order to enable the Secretary to collect reasonable charges under section
				1729(a)(2)(E) of this title for care or services provided for a
				non-service-connected
				disability.
					.
			(b)Disclosures
			 from certain medical recordsSection 7332(b)(2) is amended by
			 adding at the end the following new subparagraph:

					(F)To a third party,
				as defined in section 1729(i)(3)(D) of this title, to collect reasonable
				charges under section 1729(a)(2)(E) of this title for care or services provided
				for a non-service-connected
				disability.
					.
			7.Permanent
			 authority to carry out income verificationSection 5317 is amended by striking
			 subsection (g).
		8.Increase in
			 rates of disability compensation and dependency and indemnity
			 compensation
			(a)Rate
			 adjustmentThe Secretary of Veterans Affairs shall, effective on
			 December 1, 2008, increase the dollar amounts in effect for the payment of
			 disability compensation and dependency and indemnity compensation by the
			 Secretary, as specified in subsection (b).
			(b)Amounts To be
			 increasedThe dollar amounts to be increased pursuant to
			 subsection (a) are the following:
				(1)CompensationEach
			 of the dollar amounts in effect under section 1114 of title 38, United States
			 Code;
				(2)Additional
			 compensation for dependentsEach of the dollar amounts in effect
			 under section 1115(1) of such title;
				(3)Clothing
			 allowanceThe dollar amount in effect under section 1162 of such
			 title;
				(4)New dic
			 ratesEach of the dollar amounts in effect under paragraphs (1)
			 and (2) of section 1311(a) of such title;
				(5)Old dic
			 ratesEach of the dollar amounts in effect under section
			 1311(a)(3) of such title;
				(6)Additional dic
			 for surviving spouses with minor childrenThe dollar amounts in
			 effect under section 1311(b) of such title;
				(7)Additional dic
			 for disabilityEach of the dollar amounts in effect under
			 subsections (c) and (d) of section 1311 of such title;
				(8)Dic for
			 dependent childrenEach of the dollar amounts in effect under
			 sections 1313(a) and 1314 of such title;
				(c)Determination
			 of increase
				(1)The increase
			 under subsection (a) shall be made in the dollar amounts specified in
			 subsection (b) as in effect on November 30, 2008.
				(2)Except as
			 provided in paragraph (3), each such amount shall be increased by the same
			 percentage as the percentage by which benefit amounts payable under title II of
			 the Social Security Act (42 U.S.C. 401 et seq.) are increased effective
			 December 1, 2008, as a result of a determination under section 215(i) of such
			 Act (42 U.S.C. 415(i)).
				(3)Each dollar
			 amount increased pursuant to paragraph (2) shall, if not a whole dollar amount,
			 be rounded down to the next lower whole dollar amount.
				(d)Special
			 ruleThe Secretary may adjust administratively, consistent with
			 the increases made under subsection (a), the rates of disability compensation
			 payable to persons within the purview of section 10 of Public Law 85–857 (72
			 Stat. 1263) who are not in receipt of compensation payable pursuant to chapter
			 11 of title 38, United States Code.
			(e)Publication of
			 adjusted ratesAt the same time as the matters specified in
			 section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are
			 required to be published by reason of a determination made under section 215(i)
			 of such Act during fiscal year 2009, the Secretary of Veterans Affairs shall
			 publish in the Federal Register the amounts specified in subsection (b), as
			 increased pursuant to subsection (a).


		II
		111th CONGRESS
		1st Session
		S. 1945
		IN THE SENATE OF THE UNITED STATES

			October 28, 2009
			Mr. Isakson introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on
		  Triticonazole.

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

								9902.01.00Triticonazole (CAS No. 131983–72–7) (provided for in subheading
						2933.99.22)FreeNo changeNo changeOn or before 12/31/2011

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


114 HCON 126 IH: Expressing the sense of Congress that Cuba should issue a state of apology and agree to cease human rights violations in order for any embargo or economic restraints to be lifted.
U.S. House of Representatives
2016-03-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		114th CONGRESS
		2d Session
		H. CON. RES. 126
		IN THE HOUSE OF REPRESENTATIVES

			March 23, 2016
			Mr. Walker submitted the following concurrent resolution; which was referred to the Committee on Foreign Affairs

		CONCURRENT RESOLUTION
		Expressing the sense of Congress that Cuba should issue a state of apology and agree to cease human
			 rights violations in order for any embargo or economic restraints to be
			 lifted.

 That it is the sense of Congress that Cuba should issue a state of apology and agree to cease human rights violations in order for any embargo or economic restraints to be lifted.


		I
		112th CONGRESS
		1st Session
		H. R. 2245
		IN THE HOUSE OF REPRESENTATIVES

			June 21, 2011
			Ms. DeGette (for
			 herself and Mr. Rooney) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To amend the Federal Food, Drug, and Cosmetic Act to
		  provide the Food and Drug Administration with improved capacity to prevent drug
		  shortages.

		1.Short titleThis Act may be cited as the
			 Preserving Access to Life-Saving
			 Medications Act of 2011.
		2.Discontinuance or
			 interruption of the manufacture of a prescription drug
			(a)In
			 generalSection 506C of the
			 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended to read as
			 follows:

					506C.Discontinuance
				or interruption of the manufacture of a prescription drug
						(a)DefinitionsIn
				this section:
							(1)The term
				average historic demand means the individual manufacturer’s
				average monthly volume of sales of the drug during the last calendar
				year.
							(2)The term
				discontinuance means the permanent termination of the manufacture
				of a drug by an individual manufacturer.
							(3)The term interruption means a
				change that—
								(A)may result in the
				total supply of a drug manufactured by the individual manufacturer not meeting
				average historic demand; and
								(B)consists
				of—
									(i)a change in the supply of one or more raw
				materials, including active pharmaceutical ingredients;
									(ii)an unplanned
				interruption in ability to produce the drug;
									(iii)a business
				decision affecting the manufacture of the drug, such as a merger or a change in
				production output; or
									(iv)any other type
				change that could have the result described in subparagraph (A), as determined
				by the Secretary.
									(b)Notifications by
				manufacturers
							(1)In
				generalA manufacturer of a
				drug that is subject to section 503(b)(1) and marketed in interstate commerce
				shall notify the Secretary of a discontinuance or interruption in the
				manufacture of such drug.
							(2)Notification
				periodA notification pursuant to paragraph (1) shall be
				submitted to the Secretary—
								(A)in the case of a
				planned discontinuance, at least 6 months prior to the date of such
				discontinuance; and
								(B)in the case of any
				other discontinuance or interruption—
									(i)at
				least 6 months prior to the date of such discontinuance or interruption;
				or
									(ii)if the
				manufacturer cannot provide 6 months advance notice, as soon as practicable
				after the manufacturer—
										(I)becomes aware of
				such discontinuance; or
										(II)becomes aware that such interruption may
				result in the total supply of the drug manufactured by the individual
				manufacturer not meeting average historic demand.
										(3)Additional
				informationA manufacturer may, but is not required to, include
				in a notification submitted pursuant to paragraph (1) information about an
				alternative source of the drug or the availability of a drug with the same
				active ingredient.
							(4)Reduction in
				notification periodThe
				notification period required under paragraph (2) for a manufacturer may be
				reduced if the manufacturer certifies to the Secretary that good cause exists
				for the reduction, such as a situation in which—
								(A)a public health
				problem may result from continuation of the manufacturing for the 6-month
				period;
								(B)a biomaterials
				shortage prevents the continuation of the manufacturing for the 6-month
				period;
								(C)a liability
				problem may exist for the manufacturer if the manufacturing is continued for
				the 6-month period;
								(D)continuation of
				the manufacturing for the 6-month period may cause substantial economic
				hardship for the manufacturer;
								(E)the manufacturer
				has filed for bankruptcy under chapter 7 or 11 of title 11, United States Code;
				or
								(F)the manufacturer
				can continue the distribution of the drug involved for 6 months.
								(5)Other reductions
				in notification periodThe Secretary may reduce the notification
				period required under paragraph (2) based on—
								(A)the type of
				discontinuance or interruption at issue; and
								(B)any other factor,
				as determined by the Secretary.
								(6)Confidentiality
				of informationAny information provided to the Secretary under
				paragraph (1) shall be treated as trade secret or confidential information
				subject to section 552(b)(4) of title 5 and section 1905 of title 18.
							(7)Enforcement
								(A)Any manufacturer
				that knowingly fails to submit a notification in violation of paragraph (1)
				shall be subject to a civil money penalty not to exceed $10,000 for each day on
				which the violation continues, and not to exceed $1,800,000 for all such
				violations adjudicated in a single proceeding.
								(B)Not later than 180
				days after the date of the enactment of the Preserving Access to Life-Saving Medications Act of
				2011, the Secretary shall, subject to subparagraph (A),
				promulgate final regulations establishing a schedule of civil monetary
				penalties for violations of paragraph (1).
								(C)The provisions of paragraphs (5), (6), and
				(7) of section 303(f) shall apply with respect to a civil penalty under this
				paragraph to the same extent and in the same manner as such provisions apply
				with respect to a civil penalty under paragraph (1), (2), (3), (4), or (9) of
				section 303(f).
								(c)Notifications by
				Secretary
							(1)Drug shortage
				definedIn this section, the term drug shortage
				means, with respect to a drug, a period of time when the total supply of such
				drug available at the user level will not meet the demand for such drug at the
				user level as determined by the Secretary.
							(2)Public
				notification
								(A)In
				generalSubject to subsection (b)(6), the Secretary shall—
									(i)publish on the
				public Internet Web site of the Food and Drug Administration information
				on—
										(I)the types of
				discontinuances and interruptions for which a notification is required under
				subsection (b)(1); and
										(II)actual drug
				shortages; and
										(ii)to the maximum
				extent practicable, distribute such information to appropriate health care
				providers and patient organizations.
									(B)DurationThe
				Secretary shall include in any publication or distribution under subparagraph
				(A), when possible, an estimate of the expected duration of any discontinuance
				or interruption or actual drug shortage.
								(3)Identification
				and notification of drugs vulnerable to drug shortage
								(A)In
				generalIf the Secretary determines using the criteria under
				subparagraph (B) that a drug may be vulnerable to a drug shortage, the
				Secretary shall notify the manufacturer of the drug of—
									(i)such
				determination; and
									(ii)the Secretary’s
				duty to collaborate to improve continuity of supply plans under paragraph
				(4).
									(B)Evidence-based
				criteriaThe Secretary shall implement evidence-based criteria
				for identifying drugs that may be vulnerable to a drug shortage. Such criteria
				shall be based on—
									(i)the number of
				manufacturers of the drug;
									(ii)the sources of
				raw material or active pharmaceutical ingredients;
									(iii)the supply chain
				characteristics, such as production complexities; and
									(iv)the availability
				of therapeutic alternatives.
									(4)Continuity of
				supply plans
								(A)In
				generalWith respect to drugs that are vulnerable to a drug
				shortage (as determined under paragraph (3)), the Secretary shall collaborate
				with manufacturers and other stakeholders (such as distributors and health care
				providers) to establish and improve continuity of supply plans, so that such
				plans include a process for addressing drug shortages.
								(B)Limitation on
				Secretary’s authorityThe Secretary may not in any case require a
				manufacturer—
									(i)to
				manufacture a drug in the event of a discontinuance or interruption; or
									(ii)to delay or alter
				a discontinuance or interruption.
									(C)Allocation by
				manufacturerNo provision of Federal law shall be construed to
				prohibit a manufacturer from, or penalize a manufacturer for, allocating
				distribution of its products in order to manage an actual or potential drug
				shortage.
								(d)RulemakingThe Secretary shall carry out this section
				pursuant to regulations promulgated after providing notice and an opportunity
				for
				comment.
						.
			(b)Applicability;
			 transitional periodSection 506C of the Federal Food, Drug, and
			 Cosmetic Act, as amended by subsection (a), applies with respect to
			 discontinuances, interruptions, and drug shortages (as such terms are used in
			 such section 506C) that occur on or after the day that is 1 year after the date
			 of the enactment of this Act. Until such day, the provisions of section 506C of
			 the Federal Food, Drug, and Cosmetic Act, as in effect on the day before the
			 enactment of this Act, shall continue to apply.
			3.Reports to
			 CongressThe Secretary of
			 Health and Human Services shall submit to the Congress—
			(1)not later than the
			 date that is 1 year after the date of the enactment of this Act, a report
			 describing the actions taken by the Secretary during the previous 1-year period
			 to address drug shortages (as defined in section 506C of the Federal Food,
			 Drug, and Cosmetic Act, as amended by section 2) through all aspects of the
			 prescription drug supply chain; and
			(2)every 5 years
			 thereafter, a report describing such actions taken by the Secretary during the
			 previous 5-year period.
			4.GAO
			 study
			(a)StudyThe Comptroller General of the United
			 States shall conduct a study—
				(1)to examine how the
			 Food and Drug Administration identifies and responds to drug shortages (as
			 defined in section 506C of the Federal Food, Drug, and Cosmetic Act, as amended
			 by section 2);
				(2)to examine the
			 possible causes of such drug shortages, including manufacturing problems,
			 breakdown in the supply chain delivery system, changes in the supply of raw
			 materials, stockpiling at the wholesale or provider level, and restrictive
			 regulatory requirements;
				(3)to identify if
			 there is adequate communication between industry, the Food and Drug
			 Administration, distributors, and end users;
				(4)to analyze the
			 effects of the enactment of this Act on the ability of the Food and Drug
			 Administration to identify and ameliorate such drug shortages; and
				(5)to identify any
			 additional measures that need to be taken to prevent or address such drug
			 shortages.
				(b)ReportNot later than 1 year after the date of the
			 enactment of this Act, the Comptroller General shall submit a report to the
			 Congress on the results of the study under subsection (a).


116 S1892 IS: Tribal Reporting and Accountability to Congress Act
U.S. Senate
2019-06-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1892IN THE SENATE OF THE UNITED STATESJune 19, 2019Mr. Daines introduced the following bill; which was read twice and referred to the Committee on Indian AffairsA BILLTo require tribal liaisons to submit to Congress reports on missing and murdered Indians.1.Short titleThis Act may be cited as the Tribal Reporting and Accountability to Congress Act or the TRAC Act.2.Report on missing and murdered IndiansSection 13 of the Indian Law Enforcement Reform Act (25 U.S.C. 2810) is amended by adding at the end the following:(e)Report on missing and murdered IndiansEach tribal liaison appointed under this section shall submit to Congress an annual report that includes, with respect to the district—(1)the number of open missing Indians cases;(2)the number of open murdered Indians cases;(3)the number of missing and murdered Indians cases resolved;(4)the number of missing and murdered Indians cases reported each year;(5)the number of missing and murdered Indians cold cases;(6)the number of individuals the Department of Justice has actively working on missing and murdered Indians cases;(7)the number of cases referred to the Department of Justice for prosecution from the Bureau of Indian Affairs and Tribal law enforcement agencies; and(8)the number cases declined to be prosecuted by the Department of Justice and the reasons why each case was not prosecuted..


		II
		111th CONGRESS
		2d Session
		S. 3428
		IN THE SENATE OF THE UNITED STATES

			May 26, 2010
			Mr. Udall of New Mexico
			 (for himself and Mr. Bingaman) introduced
			 the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To designate the Memorial of Perpetual Tears, which
		  honors victims of driving while impaired, as the official National DWI Victims
		  Memorial.

		1.Short
			 titleThis Act may be cited as
			 the National DWI Victims Memorial
			 Designation Act of 2010.
		2.FindingsCongress finds the following:
			(1)Alcohol-impaired
			 driving fatalities represent approximately 1/3 of all
			 highway fatalities in the United States each year.
			(2)In 2008, there
			 were 11,773 alcohol-impaired driving fatalities in the United States.
			(3)The Memorial of
			 Perpetual Tears, located adjacent to Interstate 40 in the City of Moriarty, New
			 Mexico, opened in November 2008 to honor the victims of Driving While Impaired
			 (hereinafter referred to as DWI).
			(4)The mission of
			 the Memorial of Perpetual Tears is to raise awareness of the devastation caused
			 by DWI crashes by recognizing their victims, educating the public, and
			 encouraging preventive measures.
			(5)The Memorial of
			 Perpetual Tears is the only memorial of its kind in the United States.
			(6)The Memorial of
			 Perpetual Tears is a visible statement to the world expressing what words
			 cannot by portraying fatalities and injuries caused by DWI.
			(7)The Memorial of
			 Perpetual Tears resembles a veterans’ cemetery with markers representing the
			 most recent 5-year period of deaths attributed to DWI in New Mexico.
			(8)The Memorial of
			 Perpetual Tears includes a site dedicated to victims of DWI nationwide.
			(9)The Memorial of
			 Perpetual Tears gives recognition to innocent victims of DWI nationwide by
			 displaying Victim Tribute books in the memorial visitor center. The Victim
			 Tribute books include stories and pictures submitted by injured victims and
			 family members of those killed in DWI crashes.
			(10)The Memorial of
			 Perpetual Tears offers public education on DWI prevention as well as national
			 and local DWI information to visitors.
			(11)The Memorial of
			 Perpetual Tears is visible from Interstate 40 and attracts visitors traveling
			 on that major Interstate Highway.
			(12)The Memorial of
			 Perpetual Tears attracts visitors from across the United States, many of whom
			 make the Memorial of Perpetual Tears the destination of their trip.
			(13)The City of
			 Moriarty and the State of New Mexico invite travelers on Interstate 40 and all
			 Americans to visit the Memorial of Perpetual Tears.
			(14)The Memorial of
			 Perpetual Tears helps focus attention on the need to eliminate DWI as a
			 national priority.
			3.Designation of
			 the Memorial of Perpetual Tears
			(a)In
			 generalThe Memorial of Perpetual Tears, located adjacent to
			 Interstate 40 in the City of Moriarty, New Mexico, shall be known and
			 designated as the National DWI Victims Memorial.
			(b)ReferencesAny
			 reference in a law, map, regulation, document, record, or other paper of the
			 United States to the memorial described in subsection (a) shall be considered
			 to be a reference to the National DWI Victims Memorial.


IV
111th CONGRESS
2d Session
H. RES. 1672
In the House of Representatives, U. S.,

November 17, 2010

RESOLUTION
Commemorating the Persian Gulf War and reaffirming the commitment of the United States towards Persian Gulf War veterans.

Whereas, on August 2, 1990, Iraq invaded the State of Kuwait, thereby initiating the Persian Gulf War;
Whereas in the months following Iraq’s invasion and occupation of Kuwait, the United Nations Security Council adopted 11 resolutions that, inter alia, demanded that Iraq unconditionally withdraw from Kuwait and imposed economic sanctions and other pressure against Saddam Hussein’s dictatorship in Iraq;
Whereas on November 29, 1990, the United Nations Security Council adopted Resolution 678, which authorized United Nations Member States to use all necessary means to uphold Resolution 660 (1990), which demanded that Iraq unconditionally withdraw from Kuwait;
Whereas on January 12, 1991, the United States Congress authorized the United States Armed Forces to help the State of Kuwait defend itself against the Iraqi invasion;
Whereas the Armed Forces of the United States, joined by coalition partners, overwhelmed the enemy in a short, decisive military campaign of less than 30 days;
Whereas the hostilities ended in a cease-fire declared by President George H.W. Bush on February 28, 1991, one hundred hours after the ground campaign began;
Whereas during the Persian Gulf War, approximately 694,550 members of the United States Armed Forces served in-theater along with the forces of over 30 other members of the United Nations;
Whereas casualties of the United States during the Persian Gulf War included 383 dead (of whom 148 were battle deaths), and more than 467 wounded;
Whereas approximately 2,225,000 American men and women served worldwide in the Armed Forces during the entire Gulf War era;
Whereas approximately 174,000 veterans suffer from illnesses related to service during the Persian Gulf War, including Gulf War Veterans’ Illnesses;
Whereas Congress notes the Institute of Medicine’s report, Gulf War and Health, released on April 9, 2010; encourages the Department of Veterans Affairs task force to identify recommendations from this report to better treat illnesses related to service during the Persian Gulf War, including Gulf War Veterans’ Illnesses; and reaffirms the commitment of the United States towards Persian Gulf War veterans;
Whereas since the end of the Persian Gulf War era, an average of more than 2,000 members of the United States Armed Forces have served annually in Kuwait to defend the State of Kuwait against external aggression, and to promote regional peace;
Whereas in addition to their participation in the Gulf War to liberate Kuwait, United States service members have maintained a significant military presence in the Gulf for decades and played a key role in defending United States interests and allies in the Gulf region; and
Whereas beginning in August 2010, various ceremonies are being planned in the United States to commemorate the 20th anniversary of the Persian Gulf War and to honor all Persian Gulf War veterans: Now, therefore, be it

That the House of Representatives—
(1)recognizes the historical importance of the 20th anniversary of the Persian Gulf War, which began on August 2, 1990;
(2)honors the noble service and sacrifice of the United States Armed Forces and the armed forces of allied countries that served in the Persian Gulf since 1990 to the present;
(3)encourages all Americans to participate in commemorative activities to pay solemn tribute to, and to never forget, the veterans of the Persian Gulf War;
(4)calls upon the President to issue a proclamation recognizing the 20th anniversary of the Persian Gulf War; and
(5)reaffirms the commitment of the United States to peace and prosperity in the Persian Gulf region.

Lorraine C. Miller,Clerk.


		II
		111th CONGRESS
		1st Session
		S. 900
		IN THE SENATE OF THE UNITED STATES

			April 27, 2009
			Mr. Wyden introduced the
			 following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To require the establishment of a credit card safety star
		  rating system for the benefit of consumers, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Credit Card Safety Star Act of
			 2009.
		2.FindingsCongress finds that—
			(1)competition in the credit card market is
			 severely hindered by a lack of transparency, which results in inefficient
			 consumer choices;
			(2)such lack of
			 transparency is largely due to confusing terms and overwhelming information for
			 consumers;
			(3)the marketplace
			 has not increased competition based on the merits of credit cards;
			(4)a Government
			 rating system that would use market forces by encouraging better transparency
			 would increase such competition and assist consumers in making better credit
			 card choices; and
			(5)such a rating
			 system would not preclude additional regulation or legislation that may
			 eliminate certain practices considered unfair or abusive.
			3.Truth in Lending
			 Act AmendmentsThe Truth in
			 Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 127A
			 the following new section:

				127B.Credit card
				safety star rating system
					(a)DefinitionsIn this section—
						(1)the term agreement means the
				terms and conditions applicable to an open end credit plan offered by an issuer
				of credit;
						(2)references to a
				reading grade level shall be as determined by the Board, using available
				measurements for assessing such reading levels, including those used by the
				Department of Education;
						(3)the term
				Safety Star System means the credit card safety star rating system
				established under this section; and
						(4)the term
				junk mail means a form of disclosure that does not inform the
				consumer in a meaningful and significant way about changes in the contract,
				including small type, using separate pieces of paper for separate disclosures,
				and mixing disclosure materials with product advertisements.
						(b)Rulemaking
						(1)In
				generalNot later than 12 months after the date of enactment of
				this section, the Board shall issue final rules to implement the Safety Star
				System established under this section, to allow consumers to quickly and easily
				compare the levels of safety associated with various open end credit plan
				agreements.
						(2)ConsultationThe
				Board shall consult with the Comptroller of the Currency, the Office of Thrift
				Supervision, and the Federal Deposit Insurance Corporation in issuing rules to
				implement the Safety Star System.
						(c)Elements of
				Safety Star SystemThe Safety Star System shall consist of a
				5-star system for rating the terms and conditions of each open end credit plan
				agreement between a card issuer and a cardholder, in accordance with this
				section.
					(d)Safety star
				ratings
						(1)One-star
				ratingThe lowest level of safety for an open end credit plan
				shall be indicated by a 1-star rating.
						(2)Five-star
				ratingThe highest level of safety in an open end credit plan
				shall be indicated by a 5-star rating.
						(e)Point structure
				for Safety Star System
						(1)ValuesEach
				variation of a term in an agreement shall be worth 1 point or −1 point, as
				applicable.
						(2)Star
				systemFor purposes of the Safety Star System—
							(A)5-star credit
				cards are those with points totaling 7 points or greater;
							(B)4-star credit
				cards are those with between 3 points and 6 points;
							(C)3-star credit
				cards are those with between −1 point and 2 points;
							(D)2-star credit
				cards are those with between −6 points and −2 points; and
							(E)1-star credit
				cards are those with −7 points or fewer.
							(f)Point
				awardsOne point shall be awarded for each of the terms in an
				agreement under which—
						(1)no binding or
				nonbinding arbitration clause applies;
						(2)at least 90 days
				notice is provided to the cardholder if the card issuer wants to change the
				terms of the agreement, with the option for the consumer to opt out of the
				changes, while paying off their previous balance according to the original
				terms;
						(3)changes are
				disclosed in a manner that highlights the differences between the current terms
				and the proposed terms;
						(4)the original card
				agreement and all original supplementary materials are in 1 document at 1 time,
				and, when the card issuer discloses changes to the card agreement—
							(A)those materials
				are not in junk mail form; and
							(B)the changes are
				disclosed conspicuously, together with the next billing cycle statement, before
				the changes becomes effective;
							(5)no over-the-limit
				fees are imposed for the transactions approved at the time of transaction by
				the card issuer;
						(6)no fees are
				imposed to pay credit card bills using any method, including over the
				phone;
						(7)payments are
				applied to the highest interest rate principal first;
						(8)interest is not
				accrued on new purchases between the end of the billing cycle and the due date
				when a balance is outstanding;
						(9)security deposits
				and fees for credit availability (such as account opening fees or membership
				fees)—
							(A)are limited to 10
				percent of the initial credit limit during the first 12 months; and
							(B)at account
				opening, are limited to 5 percent of the initial credit limit, and requires any
				additional amounts (up to 10 percent) to be spread evenly over at least the
				next 5 billing cycles;
							(10)the terms of the
				agreement are disclosed in a form that requires at or below an 8th grade
				reading level;
						(11)any secondary
				disclosure materials meant to supplement the terms of the agreement are
				disclosed in a form that requires at or below an 8th grade reading
				level;
						(12)no late fee may
				be imposed when a payment is received, whether processed by the issuer or not,
				within 2 days of the payment due date;
						(13)a copy of the
				agreement and all supplementary materials are easily available to the
				cardholder online; or
						(14)a substantial
				positive financial benefit would be provided to the consumer, as determined by
				the Board in accordance with subsection (h).
						(g)Negative
				pointsOne point shall be subtracted for each of the terms in an
				agreement under which—
						(1)binding or
				nonbinding arbitration is required to resolve disputes;
						(2)fewer than 30
				days notice before the billing statement for which changes in terms take effect
				are provided to the cardholder when the card issuer wants to change the terms
				of the card agreement (which shall be assumed if notice of such changes is
				undisclosed in the agreement materials);
						(3)junk mailer
				disclosures are used to inform cardholders of changes in their
				agreements;
						(4)over-the-limit
				fees are imposed more than once based on the same transaction;
						(5)fees are imposed
				to pay bills by check, over the Internet, or by an automated phone
				system;
						(6)interest is
				accrued on new purchases between the end of the billing cycle and the due date
				when a balance is outstanding;
						(7)the terms of the
				agreement are disclosed in a form that requires a reading level that is above a
				12th grade reading level;
						(8)any secondary
				disclosure materials meant to supplement the terms of the agreement are written
				in a form that requires a reading level above the 12th grade reading
				level;
						(9)a late fee may be
				imposed within 2 days of the payment due date;
						(10)the issuer may
				unilaterally change the terms in the agreement without written consent from the
				consumer, or the issuer may unilaterally make adverse changes to the terms in
				the agreement without written consent from the consumer and written notice to
				the consumer of the precise behavior that provoked the adverse change;
						(11)the issuer
				charges interest on transaction fees, including late fees; or
						(12)there would be a
				negative financial impact on the interests of the consumer, as determined by
				the Board in accordance with subsection (h).
						(h)Board
				considerationsFor purposes
				of subsections (f)(15) and (g)(16), the Board may consider—
						(1)the level of
				difficulty in understanding terms of the subject agreement by an average
				consumer;
						(2)how such terms
				will affect consumers who are close to the edge of their credit limits;
						(3)how such terms
				will affect consumers who do not have a good credit score, history, or rating,
				using commonly employed credit measurement methods (if it creates greater
				access to credit by reducing safety, or by other means);
						(4)whether such
				terms create what would appear to a reasonable consumer to be an arbitrary
				deadline or limit that may frustrate consumers and result in excess fees or
				worse financial outcomes for the consumer;
						(5)whether such
				terms, or the severity of such terms, is not based on the credit risks created
				by a particular consumer behavior, but rather is designed to solely increase
				revenue through lack of transparency;
						(6)whether any State
				has sought to limit such terms or terms that are similar thereto;
						(7)whether
				provisions of State law relating to unfair and deceptive practices would
				prohibit any such terms, but for the national bank exclusion from non-home
				State banking laws;
						(8)whether such
				terms have an anticompetitive or procompetitive effect on the marketplace;
				and
						(9)such additional
				terms or concepts that are not specified in paragraphs (1) through (8) that the
				Board deems difficult for an average consumer to manage, such as terms that are
				confusing to the typical consumer or that create a greater risk of negative
				financial outcomes for the typical consumer, and terms that promote
				transparency or competition.
						(i)LimitationsFor
				purposes of subsection (h), the Board may not consider, with respect to the
				terms of an open end credit plan agreement, the profitability or impact on the
				success of any particular business model of such terms.
					(j)Automatic
				ratingNotwithstanding any other provision of this section, or
				any other provision of State or Federal law, any open end credit plan that
				allows the card issuer or a designee thereof to modify the terms of the
				agreement at any time or periodically for unspecified or unstated reasons,
				shall automatically give rise to a 1-star rating for such open end credit
				plan.
					(k)No points if
				terms are required by lawIf a particular term in an agreement
				becomes required by law or regulation, no points may be awarded under the
				Safety Star System for that term.
					(l)Procedures for
				ratings
						(1)Certification
				to the BoardEach issuer of credit under an open end credit plan
				shall certify in writing to the Board, the number of stars to be awarded,
				separately for each of the card issuer's agreements. Each such certification
				shall specify which terms in each agreement are subject to the Safety Star
				System, and how the issuer arrived at the star rating for each agreement based
				on the Safety Star System in accordance with paragraph (2).
						(2)Submissions to
				the BoardEach agreement that is subject to a Safety Star System
				rating shall be submitted electronically to the Board, together with a written
				explanation of whether the agreement has or does not have each of the terms
				specified in subsections (f) and (g), before issuing or marketing a credit card
				under that agreement.
						(3)Board
				verification
							(A)In
				generalThe Board shall verify that the terms in the submitted
				agreement and supporting materials (such as examples of future disclosures or
				examples of websites with cardholder agreements) comply with the certification
				submitted to the Board by the issuer under this subsection, not later than 30
				days after the date of submission.
							(B)Avoiding
				duplicative verificationsA card issuer may certify to the Board,
				in writing, that all agreements that it markets include a particular term, or
				that the issuer will use certain practices (with supporting documents,
				including showing how future disclosures will be made) so that the Board is
				required to determine only once, with respect to that term or practice, how
				that term or practice affects the star ratings of the credit card agreements of
				the issuer.
							(4)Misrepresentations
				as violationsAny certification to the Board under this section
				that the issuer knew, or should have known, was false or misrepresented to the
				Board or to a consumer the terms or conditions of a card agreement or of a
				Safety Star System rating under this section shall be treated as a violation of
				this title, and shall be subject to enforcement in accordance with section
				108.
						(5)Modifications
				by card issuers
							(A)In
				generalAfter the first annual review by the Board, mentioned in
				subsection (o), before implementing any new term or concept, or new way of
				approaching a term or concept, with respect to an open end credit plan, the
				card issuer shall submit the new term or concept and any supporting materials
				to the Board, other than with respect to an adjustment to the applicable rate
				of interest in an existing agreement that clearly specifies that such rate
				would be adjustable and under what conditions such adjustments could
				occur.
							(B)Determination
				of the BoardNot later than 30 days after the date of a
				submission under subparagraph (A), the Board shall complete a review of the
				effects on safety of the subject new concept or term, and shall issue a
				decision on whether it affects the Safety Star System rating for the open end
				credit plan that will include the term or concept.
							(m)Display of and
				access to ratings
						(1)Display of
				rating requiredThe Safety
				Star System rating for each credit card shall be clearly displayed on all
				marketing material, applications, billing statements, and agreements associated
				with that credit card, as well as on the back of each such credit card,
				including a brief explanation of the system displayed below each rating (other
				than on the back of the credit card).
						(2)New cards
				required for lower ratingsIn any case in which the Safety Star
				System rating for a credit card is lowered for any reason, the card issuer
				shall provide new cards to account holders displaying the new rating in
				accordance with paragraph (1).
						(3)Graphic
				displayThe Safety Star
				System rating for a credit card shall be represented by a graphic that
				demonstrates not only the number of stars that the credit card has received,
				but also the number of stars that the card did not receive.
						(4)Development of
				graphic by the BoardThe Board shall determine the graphic and
				description of the Safety Star System for display on materials and the back of
				cards for purposes of this section.
						(n)Consumer access
				to ratings
						(1)In
				generalThe Board shall engage in an extensive campaign to
				educate consumers about the Safety Star System ratings for credit cards, using
				commonly used and accessible communications media.
						(2)WebsiteNot
				later than 12 months after the date of enactment of this section, the Board
				shall establish and shall maintain a stand-alone website—
							(A)to provide easily
				understandable, in-depth information on the criteria used to assign the
				ratings, as provided in subsections (f) and (g); and
							(B)to include a
				listing of the Safety Star System ratings for each open end consumer credit
				plan, information on how the issuer arrived at that rating, and the number of
				consumers that have that plan with the issuer.
							(o)Annual review
				by the Board
						(1)In
				generalThe Board shall conduct a thorough annual review (of not
				longer than 6 months in duration) of the Safety Star System, to determine
				whether the point system is effectively aiding consumers, and shall promptly
				implement any regulatory changes as are necessary to ensure that the System
				protects consumers and encourages transparent competition and fairness to
				consumers, including implementing a system in which terms are weighted to
				distinguish between different levels of safety, in accordance with the purposes
				of this section.
						(2)Availability of
				resultsResults of the review conducted under this subsection
				shall be submitted to Congress, and shall be made available to the
				public.
						(p)Periodic review
				of standardsOnce every 2 years, the Board shall determine
				whether the requirements to satisfy 2-star standards and above should be raised
				on the grounds that card issuers have abandoned the most unfair practices. In
				making such determination, the Board may not consider the profitability of
				business models, but may consider whether competition in the credit industry
				will improve consumer protection, and how the change in standards will affect
				such
				competition.
					.
		4.Safety Star
			 Advisory Commission
			(a)EstablishmentThere
			 is established the Credit Card Safety Star Advisory Commission (in this section
			 referred to as the Commission).
			(b)Duties
				(1)Review of the
			 credit card Safety Star System and annual reportsThe Commission
			 shall—
					(A)review the
			 effectiveness of the credit card Safety Star System under this section,
			 including the topics described in paragraph (2);
					(B)make
			 recommendations to Congress concerning such system;
					(C)study whether it
			 would better protect consumers to ban some practices by creditors rather than
			 use a rating system for those practices, including universal default,
			 unilateral changes without consumer consent, allowing interest charges on fees,
			 or allowing interest rate increases to apply to past debt; and
					(D)by not later than
			 March 1 of each calendar year following the date of enactment of this Act,
			 submit a report to Congress containing the results of such reviews and its
			 recommendations concerning such system.
					(2)Specific topics
			 to be reviewedThe Commission shall review—
					(A)with respect to
			 all credit card users—
						(i)the
			 methodology for awarding stars to credit cards under the Safety Star System,
			 and whether there may be a better way to award stars that takes into account
			 unfair or unsafe practices that remain uncaptured in the Safety Star
			 System;
						(ii)the consumer
			 awareness of the Safety Star System and what may make the system more useful to
			 consumers; and
						(iii)other major
			 issues in implementation and further development of the Safety Star
			 System;
						(B)with respect to
			 credit card users who are at or close to their credit limits, whether such
			 consumers are being specifically targeted in credit card agreements, and
			 whether the Safety Star System should incorporate more terms or be revised to
			 encourage more fair terms for such consumers; and
					(C)the effects of
			 the Safety Star System on the availability and affordability of credit and the
			 implications of changes in credit availability and affordability in the United
			 States and in the general market for credit services due to the Safety Star
			 System.
					(3)Comments on
			 certain Board reports
					(A)Transmittal to
			 CommissionIf the Board submits to Congress (or a committee of
			 Congress) a report that is required by law and that relates to the Safety Star
			 System, the Board shall transmit a copy of the report to the Commission.
					(B)Independent
			 reviewThe Commission shall review any report received under
			 subparagraph (A) and, not later than 6 months after the date of submission of
			 the report to Congress, shall submit to the appropriate committees of Congress
			 written comments on such report. Such comments may include such recommendations
			 as the Commission determines appropriate.
					(4)Agenda and
			 additional reviewsThe Commission shall consult periodically with
			 the chairperson and ranking minority members of the appropriate committees of
			 Congress regarding the agenda of the Commission and progress towards achieving
			 the agenda. The Commission may conduct additional reviews, and submit
			 additional reports to the appropriate committees of Congress, from time to time
			 on such topics relating to the Safety Star System as may be requested by such
			 chairpersons and members, and as the Commission determines appropriate.
				(5)Availability of
			 reportsThe Commission shall transmit to the Board a copy of each
			 report submitted under this subsection, and shall make such reports available
			 to the public in an easily accessible format, including operating a website
			 containing the reports.
				(6)Appropriate
			 committees of CongressFor purposes of this subsection, the term
			 appropriate committees of Congress means the Committee on Banking,
			 Housing, and Urban Affairs of the Senate and the Committee on Financial
			 Services of the House of Representatives.
				(7)Voting and
			 reporting requirementsWith respect to each recommendation
			 contained in a report submitted under paragraph (1), each member of the
			 Commission shall vote on the recommendation, and the Commission shall include,
			 by member, the results of that vote in the report containing the
			 recommendation. The Commission may file a minority report.
				(8)Examination of
			 budget consequencesBefore making any recommendation that is
			 likely to have a Federal budgetary impact, the Commission shall examine the
			 budget consequences of such recommendation, directly or through consultation
			 with appropriate expert entities.
				(c)Membership
				(1)Number and
			 appointmentThe Commission shall be composed of 15 members
			 appointed by the Comptroller General of the United States, in accordance with
			 this section.
				(2)Qualifications
					(A)In
			 generalThe membership of the Commission shall include
			 individuals—
						(i)who
			 have achieved national recognition for their expertise in credit cards, debt
			 management, economics, credit availability, consumer protection, and other
			 credit card-related issues and fields; or
						(ii)who provide a
			 mix of different professions, a broad geographic representation, and a balance
			 between urban and rural representatives.
						(B)Makeup of
			 CommissionThe Commission shall be made up of 15 members, of
			 whom—
						(i)4 shall be
			 representatives from consumer groups;
						(ii)4 shall be
			 representatives from credit card issuers or banks;
						(iii)7 shall be
			 representatives from nonprofit research entities or nonpartisan experts in
			 banking and credit cards; and
						(iv)no fewer than 1
			 of the members described in clauses (i) through (iii) shall represent each
			 of—
							(I)the
			 elderly;
							(II)economically
			 disadvantaged consumers;
							(III)racial or
			 ethnic minorities; and
							(IV)students and
			 minors.
							(C)Ethics
			 disclosuresThe Comptroller General shall establish a system for
			 public disclosure by members of the Commission of financial and other potential
			 conflicts of interest relating to such members. Members of the Commission shall
			 be treated as employees of Congress whose pay is disbursed by the Secretary of
			 the Senate for purposes of title I of the Ethics in Government Act of 1978
			 (Public Law 95–521).
					(3)Terms
					(A)In
			 generalThe terms of members of the Commission shall be for 5
			 years except that the Comptroller General shall designate staggered terms for
			 the members first appointed.
					(B)VacanciesAny
			 member appointed to fill a vacancy occurring before the expiration of the term
			 for which the member's predecessor was appointed shall be appointed only for
			 the remainder of that term. A member may serve after the expiration of that
			 member's term until a successor has taken office. A vacancy in the Commission
			 shall be filled in the manner in which the original appointment was
			 made.
					(4)Compensation
					(A)MembersWhile
			 serving on the business of the Commission (including travel time), a member of
			 the Commission shall be entitled to compensation at the per diem equivalent of
			 the rate provided for level IV of the Executive Schedule under section 5315 of
			 title 5, United States Code, and while so serving away from home and the
			 regular place of business of the member, the member may be allowed travel
			 expenses, as authorized by the Chairperson.
					(B)Other
			 employeesFor purposes of pay (other than pay of members of the
			 Commission) and employment benefits, rights, and privileges, all employees of
			 the Commission shall be treated as if they were employees of the United States
			 Senate.
					(5)Chairperson;
			 Vice ChairpersonThe Comptroller General shall designate a member
			 of the Commission, at the time of appointment of the member as Chairperson and
			 a member as Vice Chairperson for that term of appointment, except that in the
			 case of vacancy in the position of Chairperson or Vice Chairperson of the
			 Commission, the Comptroller General may designate another member for the
			 remainder of that member's term.
				(6)MeetingsThe
			 Commission shall meet at the call of the Chairperson.
				(d)Director and
			 staff; experts and consultantsSubject to such review as the
			 Comptroller General determines necessary to assure the efficient administration
			 of the Commission, the Commission may—
				(1)employ and fix
			 the compensation of an Executive Director (subject to the approval of the
			 Comptroller General) and such other personnel as may be necessary to carry out
			 its duties (without regard to the provisions of title 5, United States Code,
			 governing appointments in the competitive service);
				(2)seek such
			 assistance and support as may be required in the performance of its duties from
			 appropriate Federal departments and agencies;
				(3)enter into
			 contracts or make other arrangements, as may be necessary for the conduct of
			 the work of the Commission (without regard to section 3709 of the Revised
			 Statutes of the United States (41 U.S.C. 5));
				(4)make advance,
			 progress, and other payments which relate to the work of the Commission;
				(5)provide
			 transportation and subsistence for persons serving without compensation;
			 and
				(6)prescribe such
			 rules and regulations as it determines necessary with respect to the internal
			 organization and operation of the Commission.
				(e)Powers
				(1)Obtaining
			 official dataThe Commission may secure directly from any
			 department or agency of the United States information necessary to enable it to
			 carry out this section. Upon request of the Chairperson, the head of that
			 department or agency shall furnish that information to the Commission on an
			 agreed upon schedule.
				(2)Data
			 collectionIn order to carry out its functions, the Commission
			 shall—
					(A)utilize existing
			 information, both published and unpublished, where possible, collected and
			 assessed either by its own staff or under other arrangements made in accordance
			 with this section;
					(B)carry out, or
			 award grants or contracts for, original research and experimentation, where
			 existing information is inadequate; and
					(C)adopt procedures
			 allowing any interested party to submit information for the Commission's use in
			 making reports and recommendations.
					(3)Access of GAO
			 to informationThe Comptroller General shall have unrestricted
			 access to all deliberations, records, and nonproprietary data of the
			 Commission, immediately upon request.
				(4)Periodic
			 auditThe Commission shall be subject to periodic audit by the
			 Comptroller General.
				(f)Administrative
			 and support servicesThe Comptroller General shall provide such
			 administrative and support services to the Commission as may be necessary to
			 carry out this section.
			(g)Authorization
			 of appropriationsThere are authorized to be appropriated to the
			 Commission, not more than $10,000,000 for each fiscal year to carry out this
			 section.


IV
112th CONGRESS
2d Session
H. RES. 543
IN THE HOUSE OF REPRESENTATIVES

February 8, 2012
Ms. Hochul (for herself, Mr. Higgins, Ms. Slaughter, and Mr. Reed) submitted the following resolution; which was referred to the Committee on Transportation and Infrastructure

RESOLUTION
Honoring and remembering the victims of the crash of Continental Connection Flight 3407 in Clarence Center, New York, on February 12, 2009.

Whereas the people of New York and communities throughout the United States experienced a terrible tragedy when Continental Connection Flight 3407 crashed in Clarence Center, New York, on February 12, 2009, claiming the lives of everyone onboard and one person on the ground;
Whereas the families, friends, and loved ones of the victims of the crash of Continental Connection Flight 3407 have petitioned their government for improved flight safety standards to prevent such a tragedy from happening again, meeting with the President, the Speaker of the House of Representatives, the Secretary of Transportation, the Administrator of the Federal Aviation Administration, and the Chairman of the National Transportation Safety Board, as well as over 100 Members of Congress;
Whereas the tenacious advocacy of these families, friends, and loved ones inspired Congress to work in a bipartisan manner and unanimously pass historic flight safety reforms through Public Law 111–216, the Airline Safety and Federal Aviation Administration Extension Act, which was signed into law on August 1, 2010;
Whereas the National Transportation Safety Board found that the performance of the pilots of Continental Connection Flight 3407 was likely impaired because of fatigue, and the Chairman of the National Transportation Safety Board identified fatigue as a contributing factor in the crash of this flight;
Whereas the Federal Aviation Administration has found fatigue to be one of the most persistent hazards in commercial aviation, and fatigue has been at the top of the National Transportation Safety Board’s “Most Wanted List of Transportation Safety Improvements” since its inception in 1990;
Whereas after much encouragement from the families, friends, and loved ones of the victims of the crash of Continental Connection Flight 3407, the Department of Transportation issued a long-awaited rule to prevent and address fatigue among commercial passenger airline pilots on December 21, 2011; and
Whereas the week of February 5, 2012, marks the third anniversary of this tragedy, and still the families, friends, and loved ones of the victims of the crash of Continental Connection Flight 3407 continue to advocate for the timely and complete implementation of Public Law 111–216, including provisions to improve crewmember training, safety management systems, and pilot minimum qualifications: Now, therefore, be it

That the House of Representatives—
(1)honors and remembers the victims of the crash of Continental Connection Flight 3407;
(2)honors and thanks the families, friends, and loved ones of the victims of the crash of Continental Connection Flight 3407 for their tireless efforts to improve flight safety for all Americans;
(3)solemnly marks the third anniversary of the crash of Continental Connection Flight 3407 in Clarence Center, New York, on February 12, 2009; and
(4)calls on the Federal Aviation Administration and Department of Transportation to thoroughly and expeditiously implement the will of Congress as expressed through pending flight safety reforms required by Public Law 111–216, the Airline Safety and Federal Aviation Administration Extension Act.


113 S1570 IS: Indian Health Service Advance Appropriations Act of 2013
U.S. Senate
2013-10-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II113th CONGRESS1st SessionS. 1570IN THE SENATE OF THE UNITED STATESOctober 10, 2013Ms. Murkowski (for herself, Mr. Begich, Mr. Udall of New Mexico, and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsA BILLTo amend the Indian Health Care Improvement Act to authorize advance appropriations for the Indian Health Service by providing 2-fiscal-year budget authority, and for other purposes.1.Short titleThis Act may be cited as the Indian Health Service Advance Appropriations Act of 2013.2.Advance appropriations for certain Indian Health Service accounts(a)In generalSection 825 of the Indian Health Care Improvement Act (25 U.S.C. 1680o) is amended—(1)by inserting (a) before There are authorized; and(2)by adding at the end the following:(b)For each fiscal year, beginning with fiscal year 2015, discretionary new budget authority provided for the Indian Health Services and Indian Health Facilities accounts of the Indian Health Service shall include advance discretionary new budget authority that first becomes available for the first fiscal year after the budget year.(c)The Secretary shall include in documents submitted to Congress in support of the President’s budget submitted pursuant to section 1105 of title 31, United States Code, for fiscal year 2015 and each succeeding fiscal year detailed estimates of the funds necessary for the Indian Health Services and Indian Health Facilities accounts of the Indian Health Service for the fiscal year following the fiscal year for which the budget is submitted..(b)Submission of budget requestSection 1105(a) of title 31, United States Code, is amended—(1)by striking (37) the list and inserting (39) the list; and(2)by adding at the end the following new paragraph:(40)information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the following accounts of the Indian Health Service:(A)Indian Health Services.(B)Indian Health Facilities..


113 S1206 IS: To encourage benchmarking and disclosure of energy information for commercial buildings.
U.S. Senate
2013-06-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 1206
		IN THE SENATE OF THE UNITED STATES

			June 20, 2013
			Mr. Franken introduced
			 the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To encourage benchmarking and disclosure of energy
		  information for commercial buildings.

		1.Energy
			 information for commercial buildings
			(a)Requirement of
			 benchmarking and disclosure for leasing buildings without energy star
			 labelsSection 435(b)(2) of the Energy Independence and Security
			 Act of 2007 (42 U.S.C. 17091(b)(2)) is amended—
				(1)by striking
			 paragraph (2) and inserting paragraph (1);
			 and
				(2)by striking
			 signing the contract, and all that follows through the period at
			 the end and inserting the following:

						signing
				the contract, the following requirements are met:(A)The space is
				renovated for all energy efficiency and conservation improvements that would be
				cost effective over the life of the lease, including improvements in lighting,
				windows, and heating, ventilation, and air conditioning systems.
						(B)(i)Subject to clause (ii),
				the space is benchmarked under a nationally recognized, online, free
				benchmarking program, with public disclosure, unless the space is a space for
				which owners cannot access whole building utility consumption data, including
				spaces—
								(I)that are located in States with privacy
				laws that provide that utilities shall not provide such aggregated information
				to multitenant building owners; and
								(II)for which tenants do not provide energy
				consumption information to the commercial building owner in response to a
				request from the building owner.
								(ii)A Federal agency that is a tenant
				of the space shall provide to the building owner, or authorize the owner to
				obtain from the utility, the energy consumption information of the space for
				the benchmarking and disclosure required by this
				subparagraph.
							.
				(b)Department of
			 Energy study
				(1)In
			 generalNot later than 2 years after the date of enactment of
			 this Act, the Secretary shall complete a study, with opportunity for public
			 comment—
					(A)on the impact
			 of—
						(i)State and local
			 performance benchmarking and disclosure policies, and any associated building
			 efficiency policies, for commercial and multifamily buildings; and
						(ii)programs and
			 systems in which utilities provide aggregated information regarding whole
			 building energy consumption and usage information to owners of multitenant
			 commercial, residential, and mixed-use buildings;
						(B)that identifies
			 best practice policy approaches studied under subparagraph (A) that have
			 resulted in the greatest improvements in building energy efficiency; and
					(C)that
			 considers—
						(i)compliance rates
			 and the benefits and costs of the policies and programs on building owners,
			 utilities, tenants, and other parties;
						(ii)utility
			 practices, programs, and systems that provide aggregated energy consumption
			 information to multitenant building owners, and the impact of public utility
			 commissions and State privacy laws on those practices, programs, and
			 systems;
						(iii)exceptions to
			 compliance in existing laws where building owners are not able to gather or
			 access whole building energy information from tenants or utilities;
						(iv)the treatment of
			 buildings with—
							(I)multiple
			 uses;
							(II)uses for which
			 baseline information is not available; and
							(III)uses that
			 require high levels of energy intensities, such as data centers, trading
			 floors, and televisions studios;
							(v)implementation
			 practices, including disclosure methods and phase-in of compliance;
						(vi)the safety and
			 security of benchmarking tools offered by government agencies, and the
			 resiliency of those tools against cyber-attacks; and
						(vii)international
			 experiences with regard to building benchmarking and disclosure laws and data
			 aggregation for multitenant buildings.
						(2)Submission to
			 CongressAt the conclusion of the study, the Secretary shall
			 submit to Congress a report on the results of the study.
				(c)Creation and
			 maintenance of databases
				(1)In
			 generalNot later than 18 months after the date of enactment of
			 this Act and following opportunity for public notice and comment, the
			 Secretary, in coordination with other relevant agencies shall, to carry out the
			 purpose described in paragraph (2)—
					(A)assess existing
			 databases; and
					(B)as
			 necessary—
						(i)modify and
			 maintain existing databases; or
						(ii)create and
			 maintain a new database platform.
						(2)PurposeThe
			 maintenance of existing databases or creation of a new database platform under
			 paragraph (1) shall be for the purpose of storing and making available public
			 energy-related information on commercial and multifamily buildings,
			 including—
					(A)data provided
			 under Federal, State, local, and other laws or programs regarding building
			 benchmarking and energy information disclosure;
					(B)buildings that
			 have received energy ratings and certifications; and
					(C)energy-related
			 information on buildings provided voluntarily by the owners of the buildings,
			 in an anonymous form, unless the owner provides otherwise.
					(d)Competitive
			 awardsBased on the results of the research for the portion of
			 the study described in subsection (b)(1)(A)(ii), and with criteria developed
			 following public notice and comment, the Secretary may make competitive awards
			 to utilities, utility regulators, and utility partners to develop and implement
			 effective and promising programs to provide aggregated whole building energy
			 consumption information to multitenant building owners.
			(e)Input from
			 stakeholdersThe Secretary shall seek input from stakeholders to
			 maximize the effectiveness of the actions taken under this section.
			(f)ReportNot
			 later than 2 years after the date of enactment of this Act, and every 2 years
			 thereafter, the Secretary shall submit to Congress a report on the progress
			 made in complying with this section.
			(g)Authorization
			 of appropriationsThere is authorized to be appropriated to carry
			 out subsection (b) $2,500,000 for each of fiscal years 2014 through 2018, to
			 remain available until expended.


116 HR 8932 IH: Protect Women’s Sports Act of 2020
U.S. House of Representatives
2020-12-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8932IN THE HOUSE OF REPRESENTATIVESDecember 10, 2020Ms. Gabbard introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo provide that for purposes of determining compliance with title IX of the Education Amendments of 1972 in athletics, sex shall be determined on the basis of biological sex as determined at birth by a physician.1.Short titleThis Act may be cited as the Protect Women’s Sports Act of 2020.2.AmendmentSection 901 of the Education Amendments of 1972 (20 U.S.C. 1681(a)) is amended by adding at the end the following:(d)It shall be a violation of subsection (a) for a recipient of Federal funds who operates, sponsors, or facilitates athletic programs or activities to permit a person whose biological sex at birth is male to participate in an athletic program or activity that is designated for women or girls. .