113 S19 IS: To amend the Endangered Species Act of 1973 to establish a procedure for approval of certain settlements.
U.S. Senate
2013-02-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 19
		IN THE SENATE OF THE UNITED STATES

			February 27, 2013
			Mr. Cornyn (for himself,
			 Mr. Coburn, Mr.
			 Roberts, Mr. Lee,
			 Mr. Enzi, Mr.
			 Boozman, Mr. Flake,
			 Ms. Murkowski, Mr. Vitter, Mr.
			 Inhofe, Mr. Barrasso,
			 Mr. Wicker, Mr.
			 Hatch, and Mrs. Fischer)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To amend the Endangered Species Act of 1973 to establish
		  a procedure for approval of certain settlements.

		1.DefinitionsSection 3 of the Endangered Species Act of
			 1973 (16 U.S.C. 1532) is amended—
			(1)by
			 redesignating—
				(A)paragraphs (1)
			 through (4) as paragraphs (2) through (5), respectively;
				(B)paragraphs (5)
			 through (10) as paragraphs (7) through (12), respectively; and
				(C)paragraphs (12)
			 through (21) as paragraphs (13) through (22), respectively;
				(2)by adding before
			 paragraph (2) (as so redesignated) the following:

					(1)Affected
				partiesThe term affected party means any person,
				including a business entity, or any State, tribal government, or local
				subdivision the rights of which may be affected by a determination made under
				section 4(a) in a suit brought under section
				11(g)(1)(C).
					;
				and
			(3)by adding after
			 paragraph (5) (as so redesignated) the following:

					(6)Covered
				settlementThe term covered settlement means a
				consent decree or a settlement agreement in an action brought under section
				11(g)(1)(C).
					.
			2.Intervention;
			 approval of covered settlementSection 11(g) of the Endangered Species Act
			 of 1973 (16 U.S.C. 1540) is amended—
			(1)in paragraph (3), by adding at the end the
			 following:

					(C)Publishing
				complaint; intervention
						(i)Publishing
				complaint
							(I)In
				generalNot later than 30 days after the date on which the
				plaintiff serves the defendant with the complaint in an action brought under
				paragraph (1)(C) in accordance with Rule 4 of the Federal Rules of Civil
				Procedure, the Secretary of the Interior shall publish the complaint in a
				readily accessible manner, including electronically.
							(II)Failure to
				meet deadlineThe failure of the Secretary to meet the 30-day
				deadline described in subclause (I) shall not be the basis for an action under
				paragraph (1)(C).
							(ii)Intervention
							(I)In
				generalAfter the end of the 30-day period described in clause
				(i), each affected party shall be given a reasonable opportunity to move to
				intervene in the action described in clause (i), until the end of which a party
				may not file a motion for a consent decree or to dismiss the case pursuant to a
				settlement agreement.
							(II)Rebuttable
				presumptionIn considering a motion to intervene by any affected
				party, the court shall presume, subject to rebuttal, that the interests of that
				party would not be represented adequately by the parties to the action
				described in clause (i).
							(III)Referral to
				alternative dispute resolution
								(aa)In
				generalIf the court grants a motion to intervene in the action,
				the court shall refer the action to facilitate settlement discussions
				to—
									(AA)the mediation
				program of the court; or
									(BB)a magistrate
				judge.
									(bb)Parties
				included in settlement discussionsThe settlement discussions
				described in item (aa) shall include each—
									(AA)plaintiff;
									(BB)defendant
				agency; and
									(CC)intervenor.
									;
			(2)by striking
			 paragraph (4) and inserting the following:

					(4)Litigation
				costs
						(A)In
				generalExcept as provided in subparagraph (B), the court, in
				issuing any final order in any suit brought under paragraph (1), may award
				costs of litigation (including reasonable attorney and expert witness fees) to
				any party, whenever the court determines such award is appropriate.
						(B)Covered
				settlement
							(i)Consent
				decreesThe court shall not award costs of litigation in any
				proposed covered settlement that is a consent decree.
							(ii)Other covered
				settlements
								(I)In
				generalFor a proposed covered settlement other than a consent
				decree, the court shall ensure that the covered settlement does not include
				payment to any plaintiff for the costs of litigation.
								(II)MotionsThe
				court shall not grant any motion, including a motion to dismiss, based on the
				proposed covered settlement described in subclause (I) if the covered
				settlement includes payment to any plaintiff for the costs of
				litigation.
								;
				and
			(3)by adding at the end the following:

					(6)Approval of
				covered settlement
						(A)Definition of
				speciesIn this paragraph, the term species means a
				species that is the subject of an action brought under paragraph (1)(C).
						(B)In
				general
							(i)Consent
				decreesThe court shall not approve a proposed covered settlement
				that is a consent decree unless each State and county in which the Secretary of
				the Interior believes a species occurs approves the covered settlement.
							(ii)Other covered
				settlements
								(I)In
				generalFor a proposed covered settlement other than a consent
				decree, the court shall ensure that the covered settlement is approved by each
				State and county in which the Secretary of the Interior believes a species
				occurs.
								(II)MotionsThe
				court shall not grant any motion, including a motion to dismiss, based on the
				proposed covered settlement described in subclause (I) unless the covered
				settlement is approved by each State and county in which the Secretary of the
				Interior believes a species occurs.
								(C)Notice
							(i)In
				generalThe Secretary of the Interior shall provide each State
				and county in which the Secretary of the Interior believes a species occurs
				notice of a proposed covered settlement.
							(ii)Determination
				of relevant States and countiesThe defendant in a covered
				settlement shall consult with each State described in clause (i) to determine
				each county in which the Secretary of the Interior believes a species
				occurs.
							(D)Failure to
				respondThe court may approve a covered settlement or grant a
				motion described in subparagraph (B)(ii)(II) if, not later than 45 days after
				the date on which a State or county is notified under subparagraph (C)—
							(i)(I)a State or county fails
				to respond; and
								(II)of the States or counties that respond,
				each State or county approves the covered settlement; or
								(ii)all of the
				States and counties fail to respond.
							(E)Proof of
				approvalThe defendant in a covered settlement shall prove any
				State or county approval described in this paragraph in a form—
							(i)acceptable to the
				State or county, as applicable; and
							(ii)signed by the
				State or county official authorized to approve the covered
				settlement.
							.


117 S1655 IS: Protecting Interstate Transport Act of 2021
U.S. Senate
2021-05-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1655IN THE SENATE OF THE UNITED STATESMay 17, 2021Mr. Tillis introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo prohibit States from regulating certain commercial motor vehicle service contracts, and for other purposes.1.Short titleThis Act may be cited as the Protecting Interstate Transport Act of 2021.2.Federal authority over certain commercial motor vehicle service contractsSection 14501(c)(1) of title 49, United States Code, is amended—(1)by striking the paragraph designation and heading and all that follows through Except and inserting the following:(1)Prices, routes, and services; commercial motor vehicle service contracts(A)Prices, routes, and servicesExcept; and(2)by adding at the end the following:(B)Commercial motor vehicle service contracts(i)DefinitionsIn this subparagraph:(I)Commercial motor vehicleThe term commercial motor vehicle has the meaning given the term in section 31101.(II)Commercial motor vehicle service contractThe term commercial motor vehicle service contract means a contract or agreement—(aa)to perform repair or maintenance work on a covered commercial motor vehicle; or (bb)to issue a warranty, or otherwise arrange, for the repair or maintenance of a covered commercial motor vehicle.(III)Covered commercial motor vehicleThe term covered commercial motor vehicle means a commercial motor vehicle of a type regularly used by motor carriers for the transportation of property, as determined by the Secretary.(ii)LimitationExcept as provided in paragraphs (2) and (3), a State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a commercial motor vehicle service contract..


		I
		111th CONGRESS
		1st Session
		H. R. 2817
		IN THE HOUSE OF REPRESENTATIVES

			June 11, 2009
			Mr. McGovern (for
			 himself, Mrs. Emerson,
			 Mr. Moore of Kansas, and
			 Mr. Jackson of Illinois) introduced
			 the following bill; which was referred to the
			 Committee on Foreign
			 Affairs, and in addition to the Committees on
			 Agriculture and
			 Rules, for a period to be
			 subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To address global hunger and improve food security
		  through the development and implementation of a comprehensive governmentwide
		  global hunger reduction strategy, the establishment of the White House Office
		  on Global Hunger and Food Security, and the creation of the Permanent Joint
		  Select Committee on Hunger, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Roadmap to End Global Hunger and
			 Promote Food Security Act of 2009 or the
			 Roadmap Act of
			 2009.
		2.FindingsCongress finds the following:
			(1)The international community has made
			 progress decreasing global hunger over the past four decades, reducing the
			 percentage of the world’s population that is hungry from 37 percent to 17
			 percent. The United States provided critical global leadership in achieving
			 this success and is the world’s largest donor of emergency food assistance to
			 vulnerable populations affected by war, conflict, and natural and
			 weather-related disasters.
			(2)Although the percentage of individuals
			 experiencing hunger has fallen steadily over several decades, the total number
			 of such individuals has grown. The United Nations Food and Agricultural
			 Organization estimated in December 2008 that the number of individuals
			 suffering from hunger is 963,000,000, an increase of 115,000,000 over the last
			 2 years.
			(3)Poverty in developing countries remains
			 largely a rural issue, with 75 percent of individuals in extreme poverty living
			 in rural areas. Strategies to address hunger, food security, and agricultural
			 development must respond to the needs and reality of small-scale producers,
			 especially women, who represent between 60 and 80 percent of agricultural
			 producers in the developing world, in remote and rural areas.
			(4)According to the United Nations World Food
			 Program (WFP), more than 400,000,000 children suffer from chronic hunger, and
			 an estimated 75,000,000 of these children, two-thirds of whom are female, do
			 not attend school. The United Nations Children’s Fund estimates that 9,200,000
			 children under the age of 5 die every year, mostly from preventable and
			 treatable causes, and that child and maternal malnutrition contributes to
			 approximately 6,000,000 deaths of children under the age of 5 annually.
			(5)Children who are malnourished in the first
			 two years of life suffer irreparable harm, have lower productivity and lower
			 wages as adults, and are more likely to have children who are
			 malnourished.
			(6)Over the last 25 years, United States
			 assistance for agricultural development has declined by 85 percent and, with
			 few exceptions, much of the international community has also neglected
			 agricultural development in the world’s poorest areas. At the end of 2008, the
			 United States Agency for International Development (USAID) had only 16
			 agricultural specialists and 6 technical agricultural experts on staff,
			 representing a substantial lack of expertise and specialists at USAID
			 headquarters in Washington, DC, and at United States field missions across the
			 globe. Further, there has been a decline in United States and international
			 donor support for agricultural education, research and development, and
			 extension services at all levels in developing countries and among donor
			 nations.
			(7)During the period from 2002 to 2008, the
			 world experienced rising food prices, including rapid acceleration occurring
			 from 2007 to 2008, with a devastating effect on the food security and welfare
			 of the 1,000,000,000 individuals worldwide who live on less than one dollar a
			 day and who spend 50 percent to 80 percent of their income on food. Sharply
			 increased prices for food and petroleum-based products, including fuel and
			 fertilizers, were particularly devastating for poor, small, and rural
			 agricultural producers.
			(8)The Economic Research Service of the
			 Department of Agriculture reported in May 2009 that factors contributing to
			 rising food and fuel costs included decreased international stocks of staple
			 grains and cereals, increased commodity prices brought about by drought,
			 floods, and global climate change, increased food and fuel consumption by
			 middle-income countries, such as China and India, and increased pressure on
			 land use and production of basic cereals from greater cultivation of biofuels.
			 Regarding rice, which is critical to the diet of about half the world’s
			 population, factors behind the rise in global prices in 2008 were trade
			 restrictions by major suppliers, panic buying of large importers, a weak
			 dollar, and record oil prices.
			(9)From January 2007 through June 2008, food
			 protests, including strikes, demonstrations, and riots over food, occurred in
			 more than 50 countries, with some countries experiencing multiple occurrences
			 and a high degree of violence, leading United States intelligence analysts and
			 the Government Accountability Office (GAO) to identify the political
			 consequences of severe hunger and food insecurity among the main threats to
			 national security, particularly in weak and fragile states.
			(10)Reducing hunger and increasing food
			 security require sustained multilateral cooperation. At the 1996 World Food
			 Summit in Rome, Italy, the United States and more than 180 world leaders
			 pledged to halve the total number of undernourished people worldwide from the
			 1990 level—a commitment reaffirmed in September 2000 when they adopted the
			 United Nations Millennium Declaration and established eight Millennium
			 Development Goals, the first of which is cutting global hunger and extreme
			 poverty in half by 2015. On July 15, 2008, the United Nations High Level Task
			 Force on Global Food Security presented the Comprehensive Framework for Action
			 to address the global food crisis, providing governments and intergovernmental
			 and nongovernmental organizations with concrete immediate and longer term
			 responses to achieving food security, and which served as an impetus for dozens
			 of countries to increase aid commitments. Further, in his March 2009 report to
			 the United Nations General Assembly, the United Nations Special Rapporteur on
			 the Right to Food recognized that for international assistance to be effective,
			 it is necessary to overcome structural impediments to the availability of and
			 access to the global food supply for the one billion people who are
			 undernourished.
			(11)Established in 1983, the House Select
			 Committee on Hunger examined domestic and global hunger issues comprehensively
			 and made recommendations to the committees of jurisdiction on a broad range of
			 programmatic and policy matters. These efforts led to increased resources for a
			 variety of crucial emergency, safety net, health, education, income generation,
			 agricultural development, child survival, and other programs. Congressional
			 authorization for the House Select Committee on Hunger ended in January
			 1993.
			(12)In May 2008, the GAO released the report,
			 International Food Security: Insufficient Efforts by Host Governments
			 and Donors Threaten Progress to Halve Hunger in Sub-Saharan Africa by
			 2015, indicating that current efforts by the United States and
			 international donors would not achieve the goal of cutting hunger in half by
			 2015 in sub-Sahara Africa. The GAO called for a governmentwide comprehensive
			 plan to design, implement, oversee, and evaluate United States programs and
			 funding with respect to achieving the goal.
			(13)President Barack Obama has committed the
			 United States to new leadership in the effort to reduce by half global hunger
			 and poverty by 2015, a commitment that was reiterated on January 26, 2009, by
			 Secretary of State Hillary Clinton at the High Level Meeting on Food Security
			 for All Conference held in Madrid, Spain. On April 2, 2009, the President
			 announced at the conclusion of the G–20 Meeting in London the need to provide
			 “immediate assistance to vulnerable populations” as a result of the global
			 financial crisis and to “double support for agricultural development” so that
			 people might “lift themselves out of poverty”.
			(14)On February 24,
			 2009, a broad-based coalition of United States nongovernmental organizations
			 released the “Roadmap to End Global Hunger”, outlining a comprehensive policy
			 framework and specific funding levels for United States food assistance and
			 development programs through fiscal year 2014, including the creation of a
			 White House office on global hunger, appointment of a global hunger
			 coordinator, restoration of a select committee on hunger, and the development
			 and implementation of a comprehensive governmentwide plan to alleviate global
			 hunger.
			3.Statement of
			 policy
			(a)In
			 generalIt shall be the policy of the United States to reduce
			 global hunger, advance nutrition, increase food security, and ensure that
			 relevant Federal policies and programs—
				(1)provide emergency
			 response and direct support to vulnerable populations in times of need, whether
			 provoked by natural disaster, conflict, or acute economic difficulties;
				(2)increase
			 resilience to and reduce, limit, or mitigate the impact of shocks on vulnerable
			 populations, reducing the need for emergency interventions;
				(3)increase and build
			 the capacity of people and governments to sustainably feed themselves;
				(4)ensure adequate
			 access for all individuals, especially mothers and children, to the required
			 calories and nutrients needed to live healthy lives;
				(5)strengthen the
			 ability of small-scale farmers, especially women, to sustain and increase their
			 production and livelihoods; and
				(6)incorporate
			 sustainable and environmentally sound agricultural methods and
			 practices.
				(b)InitiativesIt
			 shall be further the policy of the United States that initiatives developed to
			 carry out subsection (a)—
				(1)be guided by a
			 comprehensive governmentwide strategy under Presidential leadership that
			 integrates the policies and programs of all Federal agencies;
				(2)be balanced and
			 flexible to allow for programs that meet emergency needs and increased
			 investments in longer-term programs;
				(3)develop mechanisms
			 that allow cash and commodity-based resources to be effectively
			 combined;
				(4)define clear
			 targets, benchmarks and indicators of success, including gender analysis, in
			 order to monitor implementation, guarantee accountability, and determine
			 whether beneficiaries achieve increased and sustainable food security;
				(5)employ the full
			 range of diplomatic resources and provide incentives to other countries to meet
			 their obligations to reduce hunger and promote food security; and
				(6)work within a
			 framework of multilateral commitments.
				4.Establishment of
			 the White House Office on Global Hunger and Food Security
			(a)FindingsCongress finds the following:
				(1)Hunger, malnutrition, under-nutrition, and
			 food insecurity affect nearly every aspect of international security,
			 development, and humanitarian response within the Federal Government.
				(2)While the United States cannot be expected
			 to shoulder the majority of global investments in ending hunger and providing
			 food security, the United States can and should lead the international
			 community by taking immediate steps to make existing Federal programs more
			 effective by increasing funding and requiring greater accountability in the
			 implementation and effectiveness of United States global hunger, nutrition,
			 safety net, emergency response, and agricultural development policies and
			 programs.
				(3)Despite the broad range of United States
			 policies and programs related to ending global hunger and promoting food
			 security, there is no single office, official, or comprehensive governmentwide
			 strategy that effectively integrates these activities and allows for
			 comprehensive budgeting, evaluation, oversight, and accountability.
				(b)EstablishmentThere is established in the Executive
			 Office of the President the White House Office on Global Hunger and Food
			 Security (hereinafter referred to in this section as the
			 Office).
			(c)FunctionsThe functions of the Office shall include
			 the following:
				(1)Providing advice to the President on global
			 hunger and food security issues.
				(2)Providing leadership and taking actions,
			 consistent with applicable law, to ensure that efforts to reduce global hunger
			 and increase food security are priorities of the Federal Government.
				(3)Working with Federal departments and
			 agencies to ensure that addressing global hunger and food security is
			 prioritized within such departments and agencies and that appropriate
			 consideration is given by such departments and agencies to the potential impact
			 of their actions on global hunger and food security, including in United States
			 diplomatic, trade, energy, and labor relations.
				(4)Coordinating the development and
			 implementation of a comprehensive governmentwide strategy to address global
			 hunger and food security within an overall strategy for global development as
			 described in subsection (e).
				(5)Maintaining an
			 inventory of global hunger and food security programs and activities of the
			 Federal Government.
				(6)Assessing existing authorities and
			 mechanisms within the Federal Government to address global hunger and food
			 security and identifying the shortfalls of such authorities and
			 mechanisms.
				(7)Preparing and submitting to the President
			 and Congress an annual report on the expenditures of the Federal Government for
			 global hunger and food security programs and a suggested budget for such
			 programs.
				(8)Working with Federal departments and
			 agencies, including the Office of Management and Budget, to take actions,
			 consistent with applicable law, to ensure that Federal programs addressing
			 global hunger and food security receive adequate, sustained, and reliable
			 funding and that such funding is effectively spent.
				(9)Establishing indicators to measure progress
			 with respect to specific global hunger and food security targets, including
			 gender-sensitive goals, in consultation with and with input solicited from
			 stakeholders, potential beneficiaries, and implementing agencies and entities
			 and ensuring adequate monitoring and evaluation of such indicators, including
			 reporting to the President quarterly on the progress of Federal departments and
			 agencies in meeting such targets and the contribution to such progress by the
			 high-level, governmentwide global hunger and food security meeting, described
			 in subsection (f)(3).
				(10)Taking actions, consistent with applicable
			 law, to ensure Federal Government coordination with other donor governments and
			 international institutions.
				(11)Consulting with relevant public, private,
			 and nongovernmental groups in the development, implementation, and monitoring
			 of the comprehensive governmentwide strategy to address global hunger and food
			 security.
				(12)Promoting public awareness of the
			 importance of addressing global hunger and food security and Federal efforts to
			 achieve the goal of cutting global hunger in half by 2015.
				(13)Submitting to the President and Congress,
			 not later than March 31 of each year, an annual report on the implementation of
			 the comprehensive governmentwide strategy to address global hunger and food
			 security, including an assessment of agency innovations, achievements, and
			 failures to perform, and policy and budget recommendations for changes to
			 agency operations, priorities, and funding.
				(d)Coordinator of
			 the OfficeThe President shall appoint a Coordinator on Global
			 Hunger and Food Security (hereinafter referred to in this section as the
			 Coordinator). The Coordinator shall be the head of the Office
			 and shall report to the President.
			(e)Comprehensive
			 governmentwide strategy
				(1)In
			 generalThe Coordinator shall develop and take actions,
			 consistent with applicable law, to implement a comprehensive governmentwide
			 strategy to address global hunger and food security across the Federal
			 Government, which shall include content with respect to programs and policies
			 for—
					(A)emergency response and management;
					(B)safety nets,
			 social protection, and disaster risk reduction;
					(C)nutrition;
					(D)market-based agriculture, the
			 rehabilitation and expansion of rural agricultural infrastructure, and rural
			 development;
					(E)agricultural
			 education, research and development, and extension services;
					(F)government to
			 government technical assistance programs;
					(G)natural resource management,
			 environmentally sound agriculture, and responses to the impact of climate
			 change on agriculture and food production;
					(H)monitoring and
			 evaluation mechanisms; and
					(I)provision of adequate and sustained
			 resources, including multiyear funding, to ensure the scale and duration of
			 programs required to carry out the United States commitment to alleviate global
			 hunger and promote food security.
					(2)Coordination
			 with international goalsIn
			 accordance with applicable law, the Coordinator shall ensure that the
			 comprehensive governmentwide strategy described in paragraph (1) contributes to
			 achieving the Millennium Development Goal of reducing global hunger by half not
			 later than 2015 and to advancing the United Nations Comprehensive Framework for
			 Action with respect to global hunger and food security, including supporting
			 the United Nations, international agencies, governments and other relevant
			 organizations and entities in carrying out the Comprehensive Framework for
			 Action.
				(3)Integration with
			 national strategy for global developmentThe Coordinator shall
			 take actions to ensure that the comprehensive governmentwide strategy described
			 in paragraph (1) is integrated into any review or development of a Federal
			 strategy for global development that sets forth or establishes the United
			 States mission for global development, guidelines for assistance programs, and
			 how development policy will be coordinated with policies governing trade,
			 immigration, and other relevant international issues.
				(f)Coordination
			 with Federal departments and agencies
				(1)In
			 generalIn performing its
			 functions, the Office shall work with all relevant Federal departments and
			 agencies, including the following:
					(A)The Central
			 Intelligence Agency.
					(B)The Department of Agriculture.
					(C)The Department of
			 Commerce.
					(D)The Department of
			 Defense.
					(E)The Department of
			 Energy.
					(F)The Department of
			 Health and Human Services.
					(G)The Department of Labor.
					(H)The Department of
			 State.
					(I)The Department of
			 Treasury.
					(J)The Environmental Protection Agency.
					(K)The Millennium Challenge
			 Corporation.
					(L)The Office of Management and Budget.
					(M)The Office of the
			 United States Trade Representative.
					(N)The Peace Corps.
					(O)The United States Agency for International
			 Development.
					(P)The United States Trade and Development
			 Agency.
					(Q)The Office of
			 Global Women’s Issues of the Department of State.
					(2)Cooperation
			 requiredTo the extent permitted by law, all Federal departments
			 and agencies shall cooperate with the Office and provide such information,
			 support, and assistance to the Office as the Coordinator may request.
				(3)High-Level,
			 governmentwide global hunger and food security meeting
					(A)EstablishmentThe Coordinator shall establish, schedule,
			 and administer a high-level, governmentwide global hunger and food security
			 meeting (hereinafter referred to in this paragraph as the
			 meeting) once each week in accordance with this
			 paragraph.
					(B)AttendeesThe
			 Coordinator and the head of each entity listed in paragraph (1), or the
			 designees of such individuals, shall attend each meeting. The Coordinator may
			 select additional individuals to attend the meeting as the Coordinator
			 determines appropriate.
					(C)ChairmanThe
			 meeting shall be chaired by the Coordinator.
					(D)FunctionThe purpose of the meeting shall be to
			 ensure that attendees of the meeting coordinate and take actions, consistent
			 with applicable law, to implement the comprehensive governmentwide strategy to
			 address global hunger and food security described in subsection (e).
					(E)Other
			 organizationsThe Coordinator shall ensure that the meeting
			 includes consultation with and participation of non-Federal organizations with
			 experience and expertise in combating global hunger and promoting food
			 security.
					(g)Staff and
			 resourcesThe Coordinator shall take actions, consistent with
			 applicable law, to ensure that the Office has the staff and other resources
			 necessary to carry out this section.
			(h)Report on
			 comprehensive governmentwide strategyNot later than two years
			 after the date of the enactment of this Act and biennially thereafter, the
			 Comptroller General of the United States shall submit to Congress a report
			 evaluating the design, implementation, and Federal Government coordination of
			 the comprehensive governmentwide strategy to address global hunger and food
			 security required under subsection (e).
			(i)Rule of
			 constructionNothing in this section shall be construed to impair
			 or otherwise affect the authority granted to a Federal department or agency, or
			 the head thereof, by any other provision of law.
			(j)Authorization of
			 appropriationsTo carry out
			 this section, there is authorized to be appropriated $10,000,000 for each of
			 fiscal years 2010 through 2014 and such sums as may be necessary for subsequent
			 fiscal years.
			5.Establishment of
			 Permanent Joint Select Committee On Hunger
			(a)FindingsCongress finds the following:
				(1)Funding, programs, and jurisdiction for
			 addressing global hunger and food security are divided among many congressional
			 committees and, as a result, inadequate emphasis is often given to addressing
			 global hunger and food security in a comprehensive way.
				(2)As the White House Office on Global Hunger
			 and Food Security, established under section 4, coordinates the programs,
			 activities, and policies of the numerous Federal departments and agencies
			 charged with carrying out hunger alleviation and food security programs, the
			 establishment of a Permanent Joint Select Committee on Hunger will promote
			 coordination across the multiple committees with jurisdiction and legislative
			 authority over global hunger and food security issues.
				(b)EstablishmentThere is established a Permanent Joint
			 Select Committee on Hunger (hereinafter referred to in this section as the
			 Committee).
			(c)CompositionThe
			 Committee shall be composed of 16 members in accordance with the
			 following:
				(1)8
			 Members of the House of Representatives appointed by the Speaker of the House
			 of Representatives, of whom 3 shall be appointed in consultation with the
			 minority leader of the House of Representatives.
				(2)8
			 Members of the Senate, of whom 5 shall be appointed by the majority leader of
			 the Senate and 3 shall be appointed by the minority leader of the
			 Senate.
				(d)VacanciesA
			 vacancy in the membership of the Committee shall be filled in the same manner
			 as the original appointment.
			(e)ChairmanshipThe
			 Committee shall select a chairman from among its members at the beginning of
			 each Congress. The chairmanship shall alternate between the House of
			 Representatives and the Senate with each Congress and the chairman shall be
			 selected by the Members from that House entitled to the chairmanship.
			(f)DutiesThe Committee shall—
				(1)hold hearings, conduct investigations,
			 issue independent reports and analyses, and make policy and program
			 recommendations to relevant congressional committees of jurisdiction on issues
			 related to global hunger, nutrition, food security, rural and agricultural
			 development, emergency and humanitarian responses, safety nets and social
			 protection, and other global hunger or food security programs, including the
			 effectiveness of such programs in addressing global hunger and food security;
			 and
				(2)examine issues
			 relevant to the development, implementation, and monitoring of the
			 comprehensive governmentwide strategy to address global hunger and food
			 security provided by the White House Office on Global Hunger and Food Security
			 through the holding of hearings, review of reports, and other relevant
			 activities.
				(g)PowersIn
			 carrying out its duties under this section, the Committee is authorized
			 to—
				(1)hold hearings and
			 sit and act at places and times within the United States and outside the United
			 States during the sessions, recesses, and adjourned periods of Congress;
				(2)require the
			 attendance of witnesses and the production of books, papers, and documents,
			 administer oaths, take testimony, and procure printing and binding;
				(3)record hearings,
			 prepare and provide transcripts of hearings, use transcribers, recorders and
			 stenographers, and establish a Web site;
				(4)make rules
			 respecting its organization and procedures; and
				(5)exercise any other
			 authority of a committee of the House of Representatives and the Senate and
			 utilize the resources of the House of Representatives and the Senate, except as
			 provided otherwise in this section.
				(h)StaffingThe
			 Committee may appoint and fix the compensation of staff as it deems
			 necessary.
			(i)Limitation on
			 authorityThe Committee may
			 not exercise legislative jurisdiction and may not take legislative action on
			 any bill or resolution.
			(j)RulemakingThe
			 provisions of this section are enacted by Congress—
				(1)as an exercise of
			 the rulemaking power of the House of Representatives and the Senate,
			 respectively, and as such they shall be considered as part of the rules of each
			 House, respectively, or of that House to which they specifically apply, and
			 such rules shall supersede other rules only to the extent that they are
			 inconsistent therewith; and
				(2)with full
			 recognition of the constitutional right of either House to change such rules
			 (so far as relating to such House) at any time, in the same manner, and to the
			 same extent as in the case of any other rule of such House.
				(k)Funding
				(1)VouchersPayments for expenses of the Committee
			 shall be made using vouchers authorized by the Committee, signed by the
			 chairman of the Committee, and approved in a manner directed by the Committee
			 on House Administration of the House of Representatives and the Committee on
			 Rules and Administration of the Senate.
				(2)Source of
			 funds
					(A)House of
			 RepresentativesThere shall
			 be paid out of the applicable accounts of the House of Representatives
			 $3,000,000 to carry out this section during the 111th Congress.
					(B)SenateThere shall be paid out of the contingent
			 fund of the Senate $3,000,000 to carry out this section during the 111th
			 Congress.
					6.Funding and
			 definition
			(a)FundingTo carry out the comprehensive
			 governmentwide strategy described in section 4(e), it is the sense of Congress
			 that not less than $50,360,000,000 should be made available for fiscal years
			 2010 through 2014 for Federal programs addressing global hunger and food
			 security. During such five-year period, funding should increase investments in
			 intermediate and long-term programs, including safety nets, nutrition, and
			 agricultural development programs, and maintain sufficient resources for
			 emergency management and response. It is further the sense of Congress that
			 funding for Federal programs addressing global hunger and food security should,
			 to the maximum extent possible, use as guidance and not be less than those
			 amounts described for fiscal years 2010 through 2014 in the Roadmap to End
			 Global Hunger.
			(b)DefinitionIn
			 this section, the term Roadmap to End Global Hunger means the
			 report entitled Roadmap To End Global Hunger, released on
			 February 24, 2009, and endorsed by the following organizations:
				(1)ACDI/VOCA.
				(2)Action Against
			 Hunger.
				(3)Africare.
				(4)Alliance for
			 Global Food Security.
				(5)Alliance to End
			 Hunger.
				(6)American Jewish
			 World Service.
				(7)Better World
			 Campaign.
				(8)Bread for the
			 World.
				(9)CARE.
				(10)Catholic Relief
			 Services.
				(11)Christian
			 Children’s Fund.
				(12)Christian
			 Reformed World Relief Committee.
				(13)Church World
			 Service.
				(14)Concern
			 Worldwide.
				(15)Congressional
			 Hunger Center.
				(16)Counterpart
			 International.
				(17)Covenant World
			 Relief.
				(18)Episcopal Relief
			 and Development.
				(19)Feed the
			 Children.
				(20)Food for the
			 Hungry.
				(21)Friends of the
			 World Food Program.
				(22)Global Child
			 Nutrition Foundation.
				(23)Heifer
			 International.
				(24)The Humpty Dumpty
			 Institute.
				(25)The International
			 Center for Research on Women.
				(26)International
			 Relief and Development.
				(27)Islamic
			 Relief.
				(28)LIFE for Relief
			 and Development.
				(29)MAZON: A Jewish
			 Response to Hunger.
				(30)Mercy
			 Corps.
				(31)Oxfam
			 America.
				(32)Partnership to
			 Cut Hunger and Poverty in Africa.
				(33)PATH.
				(34)Project Concern
			 International.
				(35)RESULTS.
				(36)Save the
			 Children.
				(37)United Methodist
			 Committee on Relief (UMCOR).
				(38)US Coalition for
			 Child Survival.
				(39)U.S. Fund for
			 UNICEF.
				(40)Women Organizing
			 for Change in Agriculture and NRM.
				(41)Women Thrive
			 Worldwide.
				(42)World
			 Vision.
				7.Definition of
			 undernourishmentIn this Act,
			 the term undernourishment, as defined by the United Nations Food
			 and Agriculture Organization, means the condition of people whose food
			 consumption is continuously below a minimum dietary energy requirement for
			 maintaining an acceptable minimum body size, living a healthy life, and
			 carrying out light physical activity. In this Act, the terms chronic
			 undernourishment, food insecurity, and hunger
			 have the same meaning as undernourishment.


		I
		111th CONGRESS
		2d Session
		H. R. 4962
		IN THE HOUSE OF REPRESENTATIVES

			March 25, 2010
			Ms. Clarke (for
			 herself, Mr. Thompson of Mississippi,
			 Mr. King of New York,
			 Ms. Loretta Sanchez of California,
			 Mr. Weiner, and
			 Ms. Richardson) introduced the
			 following bill; which was referred to the Committee on Foreign Affairs, and in
			 addition to the Committees on Ways and
			 Means and Financial
			 Services, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To require reporting on certain information and
		  communications technologies of foreign countries, to develop action plans to
		  improve the capacity of certain countries to combat cybercrime, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 International Cybercrime Reporting and
			 Cooperation Act.
		2.DefinitionsIn this Act:
			(1)Computer
			 systems; computer dataThe terms computer system and
			 computer data have the meanings given those terms in chapter I of
			 the Convention on Cybercrime.
			(2)Convention on
			 CybercrimeThe term Convention on Cybercrime means
			 the Council of Europe Convention on Cybercrime, done at Budapest November 23,
			 2001.
			(3)CybercrimeThe
			 term cybercrime refers to criminal offenses relating to computer
			 systems or computer data described in the Convention on Cybercrime.
			(4)INTERPOLThe
			 term INTERPOL means the International Criminal Police
			 Organization.
			(5)Relevant Federal
			 agenciesThe term relevant Federal agencies means
			 any Federal agency that has responsibility for combating cybercrime globally,
			 including the Department of Justice, the Department of Homeland Security, the
			 Department of the Treasury, and the Department of State.
			3.Annual
			 report
			(a)In
			 generalNot later than 1 year
			 after the date of the enactment of this Act, and annually thereafter, the
			 President shall submit to Congress a report—
				(1)assessing, with respect to each country
			 that is a member state of the United Nations—
					(A)the extent of the development and
			 utilization of information and communications technologies in the critical
			 infrastructure, telecommunications systems, and financial industry of the
			 country;
					(B)the extent and
			 nature of activities relating to cybercrime that are based in the
			 country;
					(C)the adequacy and
			 effectiveness of the laws, regulations, and judicial and law enforcement
			 systems in the country with respect to combating cybercrime; and
					(D)measures taken by
			 the government of the country to ensure the free flow of electronic commerce
			 and to protect consumers from cybercrime;
					(2)identifying
			 countries that are member states of the United Nations that the President
			 determines have a low level of development or utilization of information and
			 communications technologies in their critical infrastructure,
			 telecommunications systems, and financial industries;
				(3)assessing any
			 multilateral efforts—
					(A)to prevent and
			 investigate cybercrime;
					(B)to develop and
			 share best practices to directly or indirectly combat cybercrime; and
					(C)to cooperate and
			 take action with respect to the prevention, investigation, and prosecution of
			 cybercrime; and
					(4)describing the
			 steps taken by the United States to promote the multilateral efforts referred
			 to in paragraph (3).
				(b)Additional
			 information To be included in subsequent reportsIn each report
			 required to be submitted under subsection (a) after the first report required
			 by that subsection, the President shall include, in addition to the information
			 required by that subsection—
				(1)an identification
			 of countries for which action plans have been developed under section 5;
			 and
				(2)an assessment of
			 the extent of the compliance of each such country with the action plan
			 developed for that country.
				(c)ConsultationsIt
			 is the sense of Congress that the President should consult with the relevant
			 Federal agencies, industry groups, civil society organizations, and other
			 interested parties in making the assessments required by paragraphs (1) through
			 (3) of subsection (a) and subsection (b).
			(d)Form of
			 reportThe report required by subsection (a) shall be submitted
			 in unclassified form, but may contain a classified annex.
			4.Utilization of foreign
			 assistance programs
			(a)Priority with
			 respect to foreign assistance programs To combat cybercrime
				(1)In
			 generalThe President shall
			 give priority to a country described in paragraph (2) with respect to foreign
			 assistance and other programs designed to combat cybercrime in the country by
			 improving the effectiveness and capacity of the legal and judicial systems and
			 the capabilities of law enforcement agencies with respect to cybercrime.
				(2)Countries
			 describedA country described in this paragraph is a country
			 identified under section 3(a)(2) as having a low level of development or
			 utilization of information and communications technologies in its critical
			 infrastructure, telecommunications systems, and financial industry.
				(b)Sense of
			 Congress with respect to bilateral and multilateral assistanceIt
			 is the sense of Congress that—
				(1)the President
			 should include programs designed to combat cybercrime in any bilateral or
			 multilateral assistance that—
					(A)is extended to a
			 country identified under section 3(a)(2) as having a low level of development
			 or utilization of information and communications technologies in its critical
			 infrastructure, telecommunications systems, and financial industry; and
					(B)addresses the
			 critical infrastructure, telecommunications systems, financial industry, legal
			 or judicial systems, or law enforcement capabilities of that country;
			 and
					(2)such assistance
			 should be provided in a manner that allows the country to sustain the
			 advancements in combating cybercrime resulting from the assistance after the
			 termination of the assistance.
				5.Action plans for
			 combating cybercrime for countries of cyber concern
			(a)Development of
			 action plans
				(1)In
			 generalNot later than 1 year after the President submits the
			 first report required by section 3(a), the President shall develop, for each
			 country that the President determines under subsection (b) is a country of
			 cyber concern, an action plan—
					(A)to assist the
			 government of that country to improve the capacity of the country to combat
			 cybercrime; and
					(B)that contains
			 benchmarks described in subsection (c).
					(2)Reassessment of
			 countriesNot later than 2 years after the President submits the
			 first report required by section 3(a), and annually thereafter, the President
			 shall—
					(A)reassess the
			 countries for which the President has developed action plans under paragraph
			 (1);
					(B)determine if any
			 of those countries no longer meet the criteria under subsection (b) for being
			 countries of cyber concern; and
					(C)determine if
			 additional countries meet the criteria under subsection (b) for being countries
			 of cyber concern and develop action plans for those countries.
					(3)ConsultationsThe
			 President, acting through the Secretary of State and, as appropriate, the
			 employees of the Department of State described in section 6, shall consult with
			 the government of each country for which the President develops an action plan
			 under paragraph (1) or (2) with respect to—
					(A)the development of
			 the action plan; and
					(B)the efforts of the
			 government of that country to comply with the benchmarks set forth in the
			 action plan.
					(b)Countries of
			 cyber concernThe President shall determine that a country is a
			 country of cyber concern if the President finds that—
				(1)there is
			 significant credible evidence that a pattern of incidents of cybercrime against
			 the United States Government, private entities incorporated under the laws of
			 the United States, or other United States persons has been carried out by
			 persons within the country during the 2-year period preceding the date of the
			 President's determination; and
				(2)the government of
			 the country has demonstrated a pattern of being uncooperative with efforts to
			 combat cybercrime by—
					(A)failing to conduct
			 its own reasonable criminal investigations, prosecutions, or other proceedings
			 with respect to the incidents of cybercrime described in paragraph (1);
					(B)failing to
			 cooperate with the United States, any other party to the Convention on
			 Cybercrime, or INTERPOL, in criminal investigations, prosecutions, or other
			 proceedings with respect to such incidents, consistent with chapter III of the
			 Convention on Cybercrime; or
					(C)not adopting or
			 implementing legislative or other measures consistent with chapter II of the
			 Convention on Cybercrime with respect to criminal offenses related to computer
			 systems or computer data.
					(c)Benchmarks
			 describedThe benchmarks described in this subsection—
				(1)are such
			 legislative, institutional, enforcement, or other actions as the President
			 determines necessary to improve the capacity of the country to combat
			 cybercrime; and
				(2)may
			 include—
					(A)the initiation of
			 credible criminal investigations, prosecutions, or other proceedings with
			 respect to the incidents of cybercrime that resulted in the determination of
			 the President under subsection (b) that the country is a country of cyber
			 concern;
					(B)cooperation with,
			 or support for the efforts of, the United States, other parties to the
			 Convention on Cybercrime, or INTERPOL in criminal investigations, prosecutions,
			 or other proceedings with respect to such persons, consistent with chapter III
			 of the Convention on Cybercrime; or
					(C)the implementation
			 of legislative or other measures consistent with chapter II of the Convention
			 on Cybercrime with respect to criminal offenses related to computer systems or
			 computer data.
					(d)Failure To meet
			 action plan benchmarks
				(1)In
			 generalIf, 1 year after the date on which an action plan is
			 developed under subsection (a), the President, in consultation with the
			 relevant Federal agencies, determines that the government of the country for
			 which the action plan was developed has not complied with the benchmarks in the
			 action plan, the President is urged to take one or more of the actions
			 described in paragraph (2) with respect to the country.
				(2)Presidential
			 action described
					(A)In
			 generalSubject to subparagraph (B), the actions described in
			 this paragraph with respect to a country are the following:
						(i)Overseas Private
			 Investment Corporation financingSuspend, restrict, or prohibit
			 the approval of new financing (including loans, guarantees, other credits,
			 insurance, and reinsurance) by the Overseas Private Investment Corporation with
			 respect to a project located in the country or in which an entity owned or
			 controlled by the government of the country participates.
						(ii)Export-Import
			 Bank financingSuspend, restrict, or prohibit the approval of new
			 financing (including loans, guarantees, other credits, insurance, and
			 reinsurance) by the Export-Import Bank of the United States in connection with
			 the export of any good or service to the country or to an entity owned or
			 controlled by the government of the country.
						(iii)Multilateral
			 development bank financingInstruct the United States Executive
			 Director of each multilateral development bank (as defined in section 1307(g)
			 of the International Financial Institutions Act (22 U.S.C. 262m–7(g))) to
			 oppose the approval of any new financing (including loans, guarantees, other
			 credits, insurance, and reinsurance) by the multilateral development bank to
			 the government of the country or with respect to a project located in the
			 country or in which an entity owned or controlled by the government of the
			 country participates.
						(iv)Trade and
			 Development AgencySuspend, restrict, or prohibit the provision
			 of assistance by the Trade and Development Agency in connection with a project
			 located in the country or in which an entity owned or controlled by the
			 government of the country participates.
						(v)Preferential
			 trade programsSuspend, limit, or withdraw any preferential
			 treatment for which the country qualifies under the Generalized System of
			 Preferences under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.),
			 the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.), the Andean
			 Trade Preference Act (19 U.S.C. 3201 et seq.), or the African Growth and
			 Opportunity Act (19 U.S.C. 3701 et seq.).
						(vi)Foreign
			 assistanceSuspend, restrict, or withdraw the provision of
			 foreign assistance to the country or with respect to projects carried out in
			 the country, including assistance provided under the Foreign Assistance Act of
			 1961 (22 U.S.C. 2151 et seq.).
						(B)ExceptionThe
			 President may not suspend, restrict, prohibit, or withdraw assistance described
			 in clause (iv) or (vi) of subparagraph (A) that is provided for projects
			 related to building capacity or taking actions to combat cybercrime.
					(3)Restoration of
			 benefitsThe President shall revoke any actions taken with
			 respect to a country under paragraph (2) on the date on which the President, in
			 consultation with the relevant Federal agencies, determines and certifies to
			 Congress that the government of the country has complied with the benchmarks
			 described in subsection (c).
				(e)Waiver
				(1)In
			 generalThe President may waive the requirement under subsection
			 (a) to develop an action plan for a country or the requirement under subsection
			 (b) to make a determination with respect to a country if the President—
					(A)determines that
			 such a waiver is in the national interest of the United States; and
					(B)submits to
			 Congress a report describing the reasons for the determination.
					(2)Form of
			 reportA report submitted under paragraph (1)(B) shall be
			 submitted in unclassified form, but may contain a classified annex.
				6.Designation of
			 officials in the Department of State to be responsible for combating
			 cybercrimeThe Secretary of
			 State shall—
			(1)designate a
			 high-level employee of the Department of State—
				(A)to coordinate the
			 full range of activities, policies, and opportunities associated with combating
			 cybercrime and foreign policy; and
				(B)whose primary
			 responsibility will be to further those activities, policies, and opportunities
			 at an international level; and
				(2)in consultation
			 with the heads of other relevant Federal agencies and in coordination with the
			 relevant chief of mission, assign an employee to have primary responsibility
			 with respect to matters relating to cybercrime policy in each country or region
			 that the Secretary considers significant with respect to efforts of the United
			 States Government to combat cybercrime globally.
			7.Authorization of
			 appropriationsThere are
			 authorized to be appropriated such sums as may be necessary to carry out the
			 provisions of this Act.


117 S120 IS: Safe Connections Act of 2021
U.S. Senate
2021-01-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 120IN THE SENATE OF THE UNITED STATESJanuary 28, 2021Mr. Schatz (for himself, Mrs. Fischer, Mr. Scott of Florida, Mr. Blumenthal, and Ms. Rosen) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo prevent and respond to the misuse of communications services that facilitates domestic violence and other crimes.1.Short titleThis Act may be cited as the Safe Connections Act of 2021.2.Definitions Except as otherwise provided in this Act, terms used in this Act that are defined in section 344(a) of the Communications Act of 1934, as added by section 4 of this Act, have the meanings given those terms in such section 344(a).3.FindingsCongress finds the following:(1)Domestic violence, dating violence, stalking, sexual assault, human trafficking, and related crimes are life-threatening issues and have lasting and harmful effects on individuals, families, and entire communities. Communications law can play a public interest role in the promotion of safety, life, and property in this regard.(2)Survivors often lack meaningful support and options when establishing independence from an abuser, including barriers such as financial insecurity and limited access to reliable communications tools to maintain essential connections with family, social safety networks, employers, and support services.(3)Perpetrators of violence and abuse described in paragraph (1) increasingly use technological and communications tools to exercise control over, monitor, and abuse their victims. Independent access to a wireless phone plan can assist survivors in establishing security and autonomy.(4)Safeguards within communications services can serve a role in preventing abuse and narrowing the digital divide experienced by survivors.4.Protection of domestic violence survivors within communications services Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following:344.Protection of survivors of domestic violence, human trafficking, and related crimes(a)DefinitionsIn this section:(1)AbuserThe term abuser means an individual who has committed a covered act against—(A)an individual who seeks relief under subsection (b); or(B)an individual in the care of an individual who seeks relief under subsection (b).(2)Covered act(A)In generalThe term covered act means conduct that constitutes—(i)a crime described in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)), including domestic violence, dating violence, sexual assault, stalking, and sex trafficking;(ii)an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102) (relating to severe forms of trafficking in persons and sex trafficking, respectively); or(iii)an act under State law, Tribal law, or the Uniform Code of Military Justice that is similar to an offense described in clause (i) or (ii). (B)Conviction not requiredNothing in subparagraph (A) shall be construed to require a criminal conviction or any other determination of a court in order for conduct to constitute a covered act.(3)Covered providerThe term covered provider means a provider of a private mobile service or commercial mobile service, as those terms are defined in section 332(d).(4)Primary account holderThe term primary account holder means an individual who is a party to a mobile service contract with a covered provider.(5)SurvivorThe term survivor means an individual who is not less than 18 years old and—(A)against whom a covered act has been committed; or(B)who cares for another individual against whom a covered act has been committed (provided that the individual providing care did not commit the covered act).(b)Separation of lines from shared mobile service contract(1)In generalNot later than 48 hours after receiving a line separation request from a survivor under subsection (c), a covered provider shall, as applicable, with respect to a shared mobile service contract under which the survivor and the abuser each use a line—(A)separate the line of the survivor, and the line of any individual in the care of the survivor, from the shared mobile service contract; or(B)separate the line of the abuser from the shared mobile service contract.(2)Limitations on penalties, fees, and other requirementsA covered provider may not make separation of a line from a shared mobile service contract under paragraph (1) contingent on any requirement other than the requirements under subsection (c), including—(A)payment of a fee, penalty, or other charge;(B)maintaining contractual or billing responsibility of a separated line with the provider;(C)approval of separation by the primary account holder, if the primary account holder is not the survivor;(D)a prohibition or limitation, including one described in subparagraph (A), on number portability, if such portability is technically feasible, or a request to change phone numbers;(E)a prohibition or limitation on the separation of lines as a result of arrears accrued by the account;(F)an increase in the rate charged for the mobile service plan of the primary account holder with respect to service on any remaining line or lines; or(G)any other limitation or requirement not listed under subsection (c).(3)Notice to survivorIf a covered provider separates a line from a shared mobile service contract under paragraph (1) and the primary account holder is not the survivor, the covered provider shall notify the survivor of the date on which the covered provider intends to give any formal notice to the primary account holder.(c)Line separation request(1)In generalA survivor seeking relief under subsection (b) shall submit to the covered provider a line separation request that—(A)verifies that an individual who uses a line under the shared mobile service contract has committed a covered act against the survivor or an individual in the survivor’s care, by providing—(i)a copy of a signed affidavit from a licensed medical or mental health care provider, licensed military medical or mental health care provider, licensed social worker, licensed victim services provider, or licensed military victim services provider, or an employee of a court, acting within the scope of that person’s employment; or(ii)a copy of a police report, statements provided by police, including military police, to magistrates or judges, charging documents, protective or restraining orders, military protective orders, or any other official record that documents the covered act; and(B)requests relief under subparagraph (A) or (B) of subsection (b)(1) and identifies each line that should be separated.(2)Remote optionA covered provider shall offer a survivor the ability to submit an opt-out request under paragraph (1) through secure remote means that are easily navigable.(3)Enhanced protections under State lawThis subsection shall not affect any law or regulation of a State providing communications protections for survivors (or any similar category of individuals) that has less stringent requirements for providing evidence of a covered act (or any similar category of conduct) than this subsection.(d)Confidential and secure treatment of personal informationA covered provider shall treat any information submitted by a survivor under subsection (c) as confidential and securely dispose of the information not later than 90 days after receiving the information.(e)Availability of information to consumersA covered provider shall make information about the options and process described in subsections (b) and (c) readily available to consumers—(1)on the website and any mobile application of the provider;(2)in physical stores; and(3)in other forms of public-facing consumer communication.(f)Liability protectionA covered provider and any officer, director, employee, vendor, or agent thereof shall not be subject to liability for any claims deriving from an action taken or omission made with respect to compliance with subsection (c)..5.Rulemaking on protections for survivors of domestic violence(a)DefinitionsIn this section—(1)the term appropriate congressional committees means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives; (2)the term Commission means the Federal Communications Commission; (3)the term covered hotline means a hotline related to domestic violence, dating violence, sexual assault, stalking, sex trafficking, severe forms of trafficking in persons, or any other covered act; and(4)the term text message has the meaning given the term in section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)).(b)Rulemakings(1)In generalThe Commission, after public notice and an opportunity for comment, shall adopt rules under paragraphs (2) and (3) that create safeguards for survivors within communications services.(2)Hotline calls(A)In generalNot later than 18 months after the date of enactment of this Act, the Commission shall adopt rules that—(i)require providers of wireless communications services or wireline voice services to omit from consumer-facing logs of calls or text messages any records of calls or text messages to covered hotlines, while maintaining internal records of those calls and messages; and(ii)establish, and provide for updates on a quarterly basis of, a central database of covered hotlines to be used by providers of wireless communications services or wireline voice services in complying with the rule described in clause (i).(B)No effect on law enforcementNothing in subparagraph (A) shall be construed to limit or otherwise affect the ability of a law enforcement agency to access a log of calls or text messages in a criminal investigation.(3)Line separation(A)In generalNot later than 1 year after the date of enactment of this Act, the Commission shall adopt rules that clarify the process by which a covered provider separates a line under section 344 of the Communications Act of 1934, as added by section 4 of this Act.(B)ConsiderationsThe rules adopted under subparagraph (A) shall include consideration of—(i)privacy protections;(ii)account security;(iii)account billing procedures;(iv)liability;(v)procedures for notification of survivors about line separation processes;(vi)timelines;(vii)notice to account holders; and(viii)situations in which a covered provider cannot operationally or technically effectuate a line separation request.(4)Lifeline program(A)In generalNot later than 18 months after the date of enactment of this Act, or as part of a general rulemaking proceeding relating to the Lifeline program set forth in subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation), whichever occurs earlier, the Commission shall adopt rules that allow a survivor who meets the requirements under section 344(c)(1) of the Communications Act of 1934, as added by section 4 of this Act, without regard to whether the survivor meets the otherwise applicable eligibility requirements of the Lifeline program, to—(i)enroll in the Lifeline program as quickly as is feasible; and(ii)participate in the Lifeline program for not more than 6 months.(B)EvaluationNot later than 2 years after completing the rulemaking under subparagraph (A), the Commission shall—(i)evaluate the effectiveness of the Commission’s provision of support to survivors through the Lifeline program;(ii)assess the detection and elimination of fraud, waste, and abuse with respect to the support described in clause (i); and (iii)submit to the appropriate congressional committees a report that includes the evaluation and assessment described in clauses (i) and (ii), respectively.


110 HR 1011 : Virginia Ridge and Valley Act of

U.S. House of Representatives
2007-10-24
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.

		IIB
		110th CONGRESS
		1st Session
		H. R. 1011
		IN THE SENATE OF THE UNITED
		  STATES

			October 24, 2007
			Received; read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		AN ACT
		To designate additional National Forest
		  System lands in the State of Virginia as wilderness or a wilderness study area,
		  to designate the Kimberling Creek Potential Wilderness Area for eventual
		  incorporation in the Kimberling Creek Wilderness, to establish the Seng
		  Mountain and Bear Creek Scenic Areas, to provide for the development of trail
		  plans for the wilderness areas and scenic areas, and for other
		  purposes.

		1.Short title and table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Virginia Ridge and Valley Act of
			 2007.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title and table of contents.
					Sec. 2. Designation of additional National Forest System lands
				in Jefferson National Forest, Virginia, as wilderness or a wilderness study
				area.
					Sec. 3. Designation of Kimberling Creek Potential Wilderness
				Area, Jefferson National Forest, Virginia.
					Sec. 4. Designation of Seng Mountain and Bear Creek Scenic
				Areas, Jefferson National Forest, Virginia.
					Sec. 5. Trail plan and development.

			2.Designation of
			 additional National Forest System lands in Jefferson National Forest, Virginia,
			 as wilderness or a wilderness study area
			(a)Designation of
			 wildernessSection 1 of
			 Public Law
			 100–326 (102 Stat. 584;
			 16 U.S.C.
			 1132 note), as amended by Public Law 106–471 (114 Stat. 2057),
			 is further amended—
				(1)in the matter
			 preceding paragraph (1), by striking System— and inserting
			 System:;
				(2)by striking
			 certain at the beginning of paragraphs (1) through (8) and
			 inserting Certain;
				(3)by striking the semicolon at the end of
			 paragraphs (1) through (6) and inserting a period;
				(4)by striking
			 ; and at the end of paragraph (7) and inserting a period;
			 and
				(5)by adding at the
			 end the following new paragraphs:

						(9)Certain lands in
				the Jefferson National Forest, which comprise approximately 3,743 acres, as
				generally depicted on the map entitled Brush Mountain and Brush Mountain
				East and dated October 2007, and which shall be known as the Brush
				Mountain East Wilderness.
						(10)Certain lands in the Jefferson National
				Forest, which comprise approximately 4,794 acres, as generally depicted on the
				map entitled Brush Mountain and Brush Mountain East and dated
				February 2007, and which shall be known as the Brush Mountain
				Wilderness.
						(11)Certain lands in the Jefferson National
				Forest, which comprise approximately 4,223 acres, as generally depicted on the
				map entitled Seng Mountain and Raccoon Branch and dated February
				2007, and which shall be known as the Raccoon Branch Wilderness.
						(12)Certain lands in the Jefferson National
				Forest, which comprise approximately 3,270 acres, as generally depicted on the
				map entitled Stone Mountain and dated February 2007, and which
				shall be known as the Stone Mountain Wilderness.
						(13)Certain lands in the Jefferson National
				Forest, which comprise approximately 8,470 acres, as generally depicted on the
				map entitled Hunting Camp Creek and Garden Mountain and dated
				February 2007, and which shall be known as the Hunting Camp Creek
				Wilderness.
						(14)Certain lands in the Jefferson National
				Forest, which comprise approximately 3,291 acres, as generally depicted on the
				map entitled Hunting Camp Creek and Garden Mountain and dated
				February 2007, and which shall be known as the Garden Mountain
				Wilderness.
						(15)Certain lands in the Jefferson National
				Forest, which comprise approximately 5,476 acres, as generally depicted on the
				map entitled Mountain Lake Additions and dated February 2007,
				and which are hereby incorporated in the Mountain Lake Wilderness designated by
				section 2(6) of the Virginia Wilderness Act of 1984 (Public Law
				98–586; 98 Stat. 3105).
						(16)Certain lands in the Jefferson National
				Forest, which comprise approximately 308 acres, as generally depicted on the
				map entitled Lewis Fork Addition and Little Wilson Creek
				Additions and dated February 2007, and which are hereby incorporated in
				the Lewis Fork Wilderness designated by section 2(3) of the Virginia Wilderness
				Act of 1984 (Public Law 98–586; 98 Stat.
				3105).
						(17)Certain lands in the Jefferson National
				Forest, which comprise approximately 1,845 acres, as generally depicted on the
				map entitled Lewis Fork Addition and Little Wilson Creek
				Additions and dated February 2007, and which are hereby incorporated in
				the Little Wilson Creek Wilderness designated by section 2(5) of the Virginia
				Wilderness Act of 1984 (Public Law 98–586; 98 Stat.
				3105).
						(18)Certain lands in the Jefferson National
				Forest, which comprise approximately 2,249 acres, as generally depicted on the
				map entitled Shawvers Run Additions and dated February 2007, and
				which are hereby incorporated in the Shawvers Run Wilderness designated by
				paragraph (4).
						(19)Certain lands in the Jefferson National
				Forest, which comprise approximately 1,203 acres, as generally depicted on the
				map entitled Peters Mountain Addition and dated February 2007,
				and which are hereby incorporated in the Peters Mountain Wilderness designated
				by section 2(7) of the Virginia Wilderness Act of 1984 (Public Law
				98–586; 98 Stat. 3105).
						(20)Certain lands in the Jefferson National
				Forest, which comprise approximately 263 acres, as generally depicted on the
				map entitled Kimberling Creek Additions and Potential Wilderness
				Area and dated February 2007, and which are hereby incorporated in the
				Kimberling Creek Wilderness designated by section 2(2) of the Virginia
				Wilderness Act of 1984 (Public Law 98–586; 98 Stat.
				3105).
						.
				(b)Designation of
			 wilderness study areaSection
			 6(a) of the Virginia Wilderness Act of 1984 (Public Law
			 98–586; 98 Stat. 3108) is amended—
				(1)by
			 striking certain at the beginning of paragraphs (1) through (4)
			 and inserting Certain;
				(2)by striking the semicolon at the end of
			 paragraphs (1) and (2) and inserting a period;
				(3)by striking
			 ; and at the end of paragraph (3) and inserting a period;
			 and
				(4)by adding at the
			 end the following new paragraph:

						(5)Certain lands in the Jefferson National
				Forest, which comprise approximately 3,226 acres, as generally depicted on a
				map entitled Lynn Camp Creek Wilderness Study Area and dated
				February 2007, and which shall be known as the Lynn Camp Creek Wilderness Study
				Area.
						.
				(c)Maps and legal
			 descriptions
				(1)FilingAs soon as practicable after the date of
			 the enactment of this Act, the Secretary of Agriculture shall file with the
			 Committee on Agriculture, Nutrition, and Forestry of the Senate and the
			 Committee on Natural Resources and the Committee on Agriculture of the House of
			 Representatives a map and legal description of each wilderness area designated
			 or expanded by the amendments made by subsection (a) and of the Lynn Camp Creek
			 Wilderness Study Area designated by the amendment made by subsection
			 (b).
				(2)Force and
			 effectThe maps and legal
			 descriptions referred to in paragraph (1) shall have the same force and effect
			 as if included in this Act, except that the Secretary of Agriculture may
			 correct clerical and typographical errors in the maps and descriptions. In the
			 case of any discrepancy between the acreage specified in the amendments made by
			 subsection (a) or (b) and the corresponding map filed under paragraph (1), the
			 map shall control.
				(3)AvailabilityThe maps and legal descriptions referred to
			 in paragraph (1) shall be on file and available for public inspection in the
			 Office of the Chief of the Forest Service.
				(d)Administration
				(1)New wilderness
			 areasSubject to valid
			 existing rights, the Secretary of Agriculture shall administer the lands in the
			 Jefferson National Forest designated as a new wilderness area by the amendments
			 made by subsection (a) in accordance with this section and the Wilderness Act
			 (16 U.S.C. 1131 et
			 seq.), except that, with respect to such lands, any reference
			 in the Wilderness Act to the effective date of that Act shall be deemed to be a
			 reference to the date of the enactment of this Act.
				(2)Expanded
			 wilderness areasSubject to
			 valid existing rights, the Secretary of Agriculture shall administer the lands
			 in the Jefferson National Forest designated as wilderness and incorporated into
			 an existing wilderness area by the amendments made by subsection (a) in
			 accordance with this section, the Wilderness Act (16 U.S.C. 1131 et
			 seq.), and other laws applicable to that wilderness area,
			 except that, with respect to such lands, any reference in the Wilderness Act to
			 the effective date of that Act shall be deemed to be a reference to the date of
			 the enactment of this Act.
				3.Designation of
			 Kimberling Creek Potential Wilderness Area, Jefferson National Forest,
			 Virginia
			(a)DesignationIn furtherance of the purposes of the
			 Wilderness Act (16
			 U.S.C. 1131 et seq.), certain lands in the Jefferson National
			 Forest, which comprise approximately 349 acres, as generally depicted on the
			 map entitled Kimberling Creek Additions and Potential Wilderness
			 Area and dated February 2007, are designated as a potential wilderness
			 area for eventual incorporation in the Kimberling Creek Wilderness designated
			 by section 2(2) of the Virginia Wilderness Act of 1984 (Public Law
			 98–586; 98 Stat. 3105).
			(b)Map and legal
			 descriptions
				(1)FilingAs soon as practicable after the date of
			 the enactment of this Act, the Secretary of Agriculture shall file with the
			 Committee on Agriculture, Nutrition, and Forestry of the Senate and the
			 Committee on Natural Resources and the Committee on Agriculture of the House of
			 Representatives a map and legal description of potential wilderness
			 area.
				(2)Force and
			 effectThe map and legal
			 description referred to in paragraph (1) shall have the same force and effect
			 as if included in this Act, except that the Secretary of Agriculture may
			 correct clerical and typographical errors in the map and description. In the
			 case of any discrepancy between the acreage specified in subsection (a) and the
			 map filed under paragraph (1), the map shall control.
				(3)AvailabilityThe map and legal description referred to
			 in paragraph (1) shall be on file and available for public inspection in the
			 Office of the Chief of the Forest Service.
				(c)ManagementExcept as provided in subsection (d) and
			 subject to valid existing rights, the Secretary of Agriculture shall manage the
			 potential wilderness area as wilderness pending its incorporation in the
			 Kimberling Creek Wilderness.
			(d)Ecological
			 Restoration
				(1)In
			 generalFor purposes of
			 ecological restoration (including the elimination of non-native species,
			 removal of illegal, unused, or decommissioned roads, and any other activities
			 necessary to restore the natural ecosystems in the potential wilderness area),
			 the Secretary of Agriculture may use motorized equipment and mechanized
			 transport in the potential wilderness area until its incorporation in the
			 Kimberling Creek Wilderness.
				(2)LimitationTo
			 the maximum extent practicable, the Secretary shall use the minimum tool or
			 administrative practice necessary to accomplish ecological restoration with the
			 least amount of adverse impact on wilderness character and resources.
				(e)Wilderness
			 DesignationThe potential
			 wilderness area shall be designated as wilderness and incorporated in the
			 Kimberling Creek Wilderness on the earlier of—
				(1)the date on which
			 the Secretary of Agriculture publishes in the Federal Register notice that the
			 conditions in the potential wilderness area that are incompatible with the
			 Wilderness Act (16
			 U.S.C. 1131 et seq.) have been removed; or
				(2)the date that is
			 five years after the date of the enactment of this Act.
				(f)AdministrationSubject to valid existing rights, upon
			 incorporation of the lands designated as wilderness under subsection (e) in the
			 Kimberling Creek Wilderness, the Secretary of Agriculture shall administer the
			 lands in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and other
			 laws applicable to that wilderness area, except that, with respect to such
			 lands, any reference in the Wilderness Act to the effective date of that Act
			 shall be deemed to be a reference to the date on which the lands are designated
			 as wilderness under subsection (e).
			4.Designation of
			 Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest,
			 Virginia
			(a)EstablishmentThe
			 following National Forest System lands in the State of Virginia are hereby
			 designated as National Scenic Areas (in this section referred to as the
			 scenic areas):
				(1)Certain lands in
			 the Jefferson National Forest, which comprise approximately 5,192 acres, as
			 generally depicted on the map entitled Seng Mountain and Raccoon
			 Branch and dated October 2007, and which shall be known as the Seng
			 Mountain National Scenic Area.
				(2)Certain lands in the Jefferson National
			 Forest, which comprise approximately 5,128 acres, as generally depicted on the
			 map entitled Bear Creek and dated February 2007, and which shall
			 be known as the Bear Creek National Scenic Area.
				(b)Maps and legal
			 descriptions
				(1)FilingAs soon as practicable after the date of
			 the enactment of this Act, the Secretary of Agriculture shall file with the
			 Committee on Agriculture, Nutrition, and Forestry of the Senate and the
			 Committee on Natural Resources and the Committee on Agriculture of the House of
			 Representatives a map and legal description of each of the scenic areas.
				(2)Force and
			 effectThe maps and legal
			 descriptions referred to in paragraph (1) shall have the same force and effect
			 as if included in this Act, except that the Secretary of Agriculture may
			 correct clerical and typographical errors in the maps and descriptions. In the
			 case of any discrepancy between the acreage specified in subsection (a) and the
			 corresponding map filed under paragraph (1), the map shall control.
				(3)AvailabilityThe maps and legal descriptions referred to
			 in paragraph (1) shall be on file and available for public inspection in the
			 Office of the Chief of the Forest Service.
				(c)Purposes of
			 scenic areasThe scenic areas are established for the purposes
			 of—
				(1)ensuring the
			 protection and preservation of scenic quality, water quality, natural
			 characteristics, and water resources;
				(2)protecting
			 wildlife and fish habitat, consistent with paragraph (1);
				(3)protecting areas
			 that may develop characteristics of old-growth forests; and
				(4)providing a
			 variety of recreation opportunities, consistent with the preceding
			 paragraphs.
				(d)Administration
				(1)In
			 generalThe Secretary of Agriculture shall administer the scenic
			 areas in accordance with this section and the laws and regulations generally
			 applicable to the National Forest System. In the event of conflict between this
			 section and other laws and regulations, this section shall take
			 precedence.
				(2)Consistent
			 useThe Secretary shall only allow such uses of the scenic areas
			 as the Secretary finds will further the purposes for which the scenic areas are
			 established.
				(e)Management
			 planWithin two years after the date of the enactment of this
			 Act, the Secretary of Agriculture shall develop a management plan for the
			 scenic areas consistent with this section. The management plan shall be
			 developed as an amendment to the land and resource management plan for the
			 Jefferson National Forest, except that nothing in this section requires the
			 Secretary to revise the land and resource management plan for the Jefferson
			 National Forest pursuant to section 6 of the Forest and Rangeland Renewable
			 Resources Planning Act of 1974 (16 U.S.C. 1604).
			(f)RoadsAfter
			 the date of the enactment of this Act, no roads shall be established or
			 constructed within the scenic areas, except that this prohibition shall not be
			 construed to deny access to private lands or interests therein in the scenic
			 areas.
			(g)Vegetation
			 managementNo timber harvest shall be allowed within the scenic
			 areas, except as the Secretary of Agriculture finds necessary in the control of
			 fire, insects, and diseases and to provide for public safety and trail access.
			 Notwithstanding the preceding sentence, the Secretary may engage in vegetation
			 manipulation practices for maintenance of existing wildlife clearings and
			 visual quality. Firewood may be harvested for personal use along perimeter
			 roads under such conditions as the Secretary may impose.
			(h)Motorized
			 travelMotorized travel shall not be permitted within the scenic
			 areas, except that the Secretary of Agriculture may authorize motorized travel
			 within the scenic areas—
				(1)as
			 necessary for administrative use in furtherance of the purposes of this
			 section;
				(2)in
			 support of wildlife management projects in existence as of the date of the
			 enactment of this Act; and
				(3)on Forest Development Roads 9410 and 84b
			 during deer and bear hunting seasons and on that portion of Forest Development
			 Road 6261 designated on the map referred to in subsection (a)(2) as open
			 seasonally during deer and bear hunting seasons.
				(i)FireWildfires
			 in the scenic area shall be suppressed in a manner consistent with the purposes
			 of this section, using such means as the Secretary of Agriculture considers
			 appropriate.
			(j)Insects and
			 diseaseInsect and disease outbreaks may be controlled in the
			 scenic areas to maintain scenic quality, prevent tree mortality, reduce hazards
			 to visitors, or protect private lands.
			(k)WaterThe
			 Secretary of Agriculture shall administer the scenic areas so as to maintain
			 and enhance water quality.
			(l)Mining
			 withdrawalSubject to valid existing rights, all federally owned
			 lands in the scenic areas are withdrawn from location, entry, and patent under
			 the mining laws of the United States and from leasing claims under the mineral
			 and geothermal leasing laws of the United States, including amendments to such
			 laws.
			5.Trail plan and
			 development
			(a)Trail
			 planThe Secretary of Agriculture shall establish a trail plan
			 for National Forest System lands described in this subsection in order to
			 develop the following:
				(1)Hiking and equestrian trails on the lands
			 in the Jefferson National Forest designated as wilderness by the amendments
			 made by section 2(a), in a manner consistent with the Wilderness Act (16 U.S.C.
			 1131 et seq.).
				(2)Nonmotorized recreation trails within the
			 Seng Mountain and Bear Creek Scenic Areas designated by section 4.
				(b)ConsultationThe Secretary of Agriculture shall
			 establish the trail plan in consultation with interested parties.
			(c)Implementation
			 reportNot later than two years after the date of the enactment
			 of this Act, the Secretary of Agriculture shall submit to Congress a report on
			 the implementation of the trail plan, including the identification of priority
			 trails for development.
			(d)Trail
			 requiredThe Secretary of
			 Agriculture shall develop a sustainable trail, using a contour curvilinear
			 alignment, to provide for non-motorized travel along the southern boundary of
			 the Raccoon Branch Wilderness established by section 1(11) of Public Law
			 100–326, as added by (2)(a) of this Act, connecting to Forest Development Road
			 49352 in Smyth County, Virginia.
			(e)Motorized access
			 in emergenciesThe
			 designation of lands as wilderness or a wilderness study area by an amendment
			 made by this section does not prohibit the use of motor vehicles, motorized
			 equipment, or motorboats or the landing of aircraft or other forms of
			 mechanical transport, on the designated lands when required in connection with
			 an emergency involving the health and safety of persons, including search and
			 rescue efforts or the response to an Amber Alert.

			Passed the House of
			 Representatives October 23, 2007.
			Lorraine C. Miller,
			Clerk


114 HR 2219 IH: Opportunity Kindling New Options for Career and Knowledge Seekers Act
U.S. House of Representatives
2015-05-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 2219
IN THE HOUSE OF REPRESENTATIVES

May 1, 2015
Mr. Rodney Davis of Illinois (for himself and Mr. Bera) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To ensure that individuals who are in an authorized job training program or completing work for a degree or certificate remain eligible for regular unemployment compensation.

1.Short titleThis Act may be cited as the Opportunity Kindling New Options for Career and Knowledge Seekers Act or the Opportunity KNOCKS Act. 2.PurposeThe purpose of this Act is to allow people to seek the training needed in order to find a full time job that allows them to go off of unemployment compensation.
3.Approved training
(a)In generalSection 3304 of the Internal Revenue Code of 1986 (26 U.S.C. 3304) is amended by adding at the end the following new subsection:  (g)Approved training (1)In generalFor purposes of subsection (a)(8)—
(A)the term training includes any of the educational or job training programs described in paragraph (2), and (B)such programs shall be treated as approved by the State agency.
(2)Educational or job training programsThe programs described in this paragraph are— (A)any program on the State's eligible training provider list developed under section 122 of the Workforce Investment Act of 1998; or
(B)for purposes of an individual who has been identified as likely to exhaust regular compensation, any coursework necessary to attain a recognized postsecondary credential. (3)Recognized postsecondary credentialFor purposes of this subsection, the term recognized postsecondary credential means a credential consisting of an industry-recognized certificate, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree..
(b)Extended compensationSection 202(a) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended by inserting at the end the following new paragraph:  (8)Notwithstanding the provisions of paragraph (2), a State agency may elect to approve programs described in subsection (g)(2) of section 3304 of the Internal Revenue Code of 1986 for purposes of training included under subsection (a)(8) of such section..
(c)Emergency unemployment compensationSection 4001(d)(2) of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) is amended— (1)in subparagraph (A), by striking and at the end; and
(2)by inserting at the end the following new subparagraph:  (C)that a State agency may elect to approve programs described in subsection (g)(2) of section 3304 of the Internal Revenue Code of 1986 for purposes of training included under subsection (a)(8) of such section; and.
(d)Effective dateThe amendments made by this section shall take effect 2 years after the date of the enactment of this Act. 4.Notification to unemployed individuals (a)In generalTo the extent feasible and practicable, the State agency shall provide that applications for regular compensation include information regarding the availability of such compensation during periods in which an individual is engaged in training that has been approved by the State agency, as described in section 3304(a)(8) of the Internal Revenue Code of 1986 (26 U.S.C. 3304(a)(8)).
(b)DefinitionsFor purposes of this section, the terms regular compensation and State agency have the same meanings as in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970.


116 S1505 IS: Medicare Prescription Drug Fraud Prevention Act of 2019
U.S. Senate
2019-05-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1505IN THE SENATE OF THE UNITED STATESMay 16, 2019Mr. Cornyn (for himself and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo require prescription drug plans and MA–PD plans to report potential fraud, waste, and abuse to
			 the Secretary of Health and Human Services under Medicare part D, and for
 other purposes.1.Short titleThis Act may be cited as the Medicare Prescription Drug Fraud Prevention Act of 2019.2.Requiring prescription drug plans and MA–PD plans to report potential fraud, waste, and abuse  to
 the Secretary of HHSSection 1860D–4 of the Social Security Act (42 U.S.C. 1395w–104) is amended—(1)by redesignating subsection (m) (relating to program integrity transparency measures), as added by section 6063(c) of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (Public Law 115–271), as subsection (n); and(2)by adding at the end the following new subsection:(o)Reporting potential fraud, waste, and abuseBeginning January 1, 2021, the PDP sponsor of a prescription drug plan shall report to the Secretary, as specified by the Secretary—(1)any substantiated or suspicious activities (as defined by the Secretary) with respect to the program under this part as it relates to fraud, waste, and abuse; and(2)any steps made by the PDP sponsor after identifying such activities to take corrective actions..