115 HR 1657 IH: Workforce Training Enhancement Act of 2017
U.S. House of Representatives
2017-03-21
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 1657IN THE HOUSE OF REPRESENTATIVESMarch 21, 2017Mr. Nolan introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Trade Act of 1974 to authorize a State to reimburse certain costs incurred by the
			 State in providing training to workers after a petition for certification
			 of eligibility for trade adjustment assistance has been filed, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Workforce Training Enhancement Act of 2017. 2.FindingsCongress makes the following findings:
 (1)The viability of the domestic steel industry is crucial to the United States economy and national security.
 (2)The steel and taconite iron mining industries have been severely impacted by the foreign dumping and overproduction of steel and are continually faced with unfair trade practices.
 (3)In 2014, United States imports of steel and steel products increased by 36 percent and captured 28 percent of the total United States steel market. In 2015, United States imports of steel and steel products continued to increase, and captured 29 percent of the total United States steel market.
 (4)In 1974, Congress enacted the Trade Act of 1974 (19 U.S.C. 2101 et seq.), which established the trade adjustment assistance for workers program under chapter 2 of title II of that Act (19 U.S.C. 2271 et seq.) to assist workers who have been adversely affected by trade.
 (5)The trade adjustment assistance for workers program provides vital benefits and services to workers whose employment has been adversely affected by foreign trade. Those benefits and services include education and training, income support, relocation assistance, job search assistance, and the health coverage tax credit.
 (6)Since the inception of the trade adjustment assistance for workers program, more than 5,000,000 United States workers have been certified as eligible for benefits and services under the program.
 (7)As of September 30, 2015, the trade adjustment assistance for workers program had served more than 2,200,000 workers.
 (8)In fiscal year 2015, the Department of Labor certified 413 petitions for eligibility for the trade adjustment assistance for workers program, which provided access to trade adjustment assistance benefits for 57,631 workers.
 (9)In 2015, more than 13,000 new participants were enrolled in the trade adjustment assistance for workers program and the program provided services and benefits to more than 47,000 workers.
 (10)From fiscal year 2012 through fiscal year 2015, the average processing time for a petition under the trade adjustment assistance for workers program was 49.1 days and the average processing time for fiscal year 2015 was 47.2 days.
 (11)The trade adjustment assistance for workers program provides vital educational and training services to help trade-affected workers to acquire new skills and prepare for new employment.
 (12)In order to empower workers who have been adversely affected by foreign trade, States should have the option of providing the funding for vital educational and training programs for workers while their petitions for certifications of eligibility for trade adjustment assistance are pending.
			3.Authorization of States to reimburse certain costs of providing training to workers after a
			 petition for trade adjustment assistance is filed
 (a)In generalSection 236(a)(6) of the Trade Act of 1974 (19 U.S.C. 2296(a)(6)) is amended by adding at the end the following:

					(C)
 (i)If the conditions described in clause (ii) are met, a State may use the funds distributed to the State under paragraph (2) to reimburse the costs of providing training to a worker before the worker is approved for training under paragraph (1) paid by—
 (I)the State from funds provided by the State; (II)the State or local workforce development areas within the State from funds available under subtitle B of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3151 et seq.); or
 (III)an eligible entity under section 170 of that Act (29 U.S.C. 3225) in the State from funds available under that section.
 (ii)The conditions described in this clause are met if— (I)as of the date of the reimbursement under clause (i) the worker is covered by a certification for eligibility under subchapter A; and
 (II)the training the costs of which are being reimbursed— (aa)commenced after the date on which the total or partial separations of the group of workers covered by the certification for eligibility began or threatened to begin; and
 (bb)meets the requirements for approval of training under paragraph (1).. (b)Conforming amendmentSection 236(a)(4)(B) of the Trade Act of 1974 (19 U.S.C. 2296(a)(4)(B)) is amended by striking No and inserting Except as provided in paragraph (6)(C), no.


 HR 2291 ENR: To designate the facility of the United States Postal Service located at 450 Lexington Avenue in New York, New York, as the “Vincent R. Sombrotto Post Office”.
U.S. House of Representatives

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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
One Hundred Thirteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen
H. R. 2291

AN ACT
To designate the facility of the United States Postal Service located at 450 Lexington Avenue in New York, New York, as the Vincent R. Sombrotto Post Office.

1.Vincent R. Sombrotto Post Office
(a)DesignationThe facility of the United States Postal Service located at 450 Lexington Avenue in New York, New York, shall be known and designated as the Vincent R. Sombrotto Post Office.
(b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Vincent R. Sombrotto Post Office.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


110 HR 1047 RS: To authorize the Secretary of the Interior

U.S. House of Representatives
2007-06-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		Calendar No. 236
		110th CONGRESS
		1st Session
		H. R. 1047
		[Report No. 110–106]
		IN THE SENATE OF THE UNITED
		  STATES

			March 6, 2007
			Received; read twice and referred to the Committee on
			 Energy and Natural Resources

			June 26, 2007
			Reported by Mr.
			 Bingaman, without amendment

		AN ACT
		To authorize the Secretary of the Interior
		  to conduct a study to determine the suitability and feasibility of designating
		  the Soldiers’ Memorial Military Museum located in St. Louis, Missouri, as a
		  unit of the National Park System.

		1.National park service study
			 regarding the Soldiers' Memorial Military Museum
			(a)FindingsCongress finds as follows:
				(1)The Soldiers'
			 Memorial is a tribute to all veterans located in the greater St. Louis area,
			 including Southern Illinois.
				(2)The current annual
			 budget for the memorial is $185,000 and is paid for exclusively by the City of
			 St. Louis.
				(3)In 1923, the City
			 of St. Louis voted to spend $6,000,000 to purchase a memorial plaza and
			 building dedicated to citizens of St. Louis who lost their lives in World War
			 I.
				(4)The purchase of the
			 7 block site exhausted the funds and no money remained to construct a
			 monument.
				(5)In
			 1933, Mayor Bernard F. Dickmann appealed to citizens and the city government to
			 raise $1,000,000 to construct a memorial building and general improvement of
			 the plaza area and the construction of Soldiers' Memorial began on October 21,
			 1935.
				(6)On October 14,
			 1936, President Franklin D. Roosevelt officially dedicated the site.
				(7)On Memorial Day in
			 1938, Mayor Dickmann opened the building to the public.
				(b)StudyThe Secretary of the Interior shall carry
			 out a study to determine the suitability and feasibility of designating the
			 Soldiers' Memorial Military Museum, located at 1315 Chestnut, St. Louis,
			 Missouri, as a unit of the National Park System.
			(c)Study process
			 and completionSection 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c))
			 shall apply to the conduct and completion of the study required by this
			 section.
			(d)ReportThe
			 Secretary shall submit a report describing the results the study required by
			 this section to the Committee on Natural Resources of the House of
			 Representatives and the Committee on Energy and Natural Resources of the
			 Senate.

		June 26, 2007
		Reported without amendment


117 S692 IS: Hello Girls Congressional Gold Medal Act of 2021
U.S. Senate
2021-03-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 692IN THE SENATE OF THE UNITED STATESMarch 10, 2021Mr. Tester (for himself, Mr. Moran, Ms. Hassan, and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo award a Congressional Gold Medal to the female telephone operators of the Army Signal Corps, known as the Hello Girls.1.Short titleThis Act may be cited as the Hello Girls Congressional Gold Medal Act of 2021.2.FindingsCongress finds the following:(1)On April 6, 1917, the United States declared war against Germany. As a historically neutral nation, the United States was unprepared to fight a technologically modern conflict overseas. The United States called upon American Telephone and Telegraph (referred to in this section as AT&T) to provide equipment and trained personnel for the Army Signal Corps in France. AT&T executives in Army uniform served at home under the provisions of the Act entitled An Act for making further and more effectual provision for the national defense, and for other purposes., approved June 3, 1916 (referred to in this section as the National Defense Act of 1916), which allowed for the induction of individuals with specialized skills into a reserve force.(2)When General John Pershing sailed for Europe in May of 1917 as head of the American Expeditionary Forces (referred to in this section as the AEF), he took telephone operating equipment with him in recognition of the inadequacy of European circuitry and with the understanding that telephones would play a key role in battlefield communications for the first time in the history of war.(3)From May to November of 1917, the AEF struggled to develop the telephone service necessary for the Army to function under battlefield conditions. Monolingual infantrymen from the United States were unable to connect calls rapidly or communicate effectively with their French counterparts to put calls through over toll lines that linked one region of the country with another. The Army found that the average male operator required 60 seconds to make a connection. That rate was unacceptably slow, especially for operational calls between command outposts and the front lines.(4)During this time, in the United States, telephone operating was largely sex-segregated. Hired for their speed in connecting calls, women filled 85 percent of the telephone operating positions in the United States. It took the average female operator 10 seconds to make a connection.(5)On November 8, 1917, General Pershing cabled the War Department and wrote, On account of the great difficulty of obtaining properly qualified men, request organization and dispatch to France a force of women telephone operators all speaking French and English equally well.. To begin, General Pershing requested 100 women under the command of a commissioned captain, writing that All should have allowances of Army nurses and should be uniformed..(6)The War Department sent press releases to newspapers across the United States to recruit women willing to serve for the duration of the war and face the hazards of submarine warfare and aerial bombardment. These articles emphasized that patriotic women would be full-fledged soldier[s] under the articles of war and would do as much to help win the war as the men in khaki who go over the top.. All women selected would take the Army oath.(7)More than 7,600 women volunteered for the 100 positions described in paragraph (5) and the first recruits took the Army oath on January 15, 1918.(8)Like nurses and doctors at the time, female Signal Corps members had relative rather than traditional ranks and were ranked as Operator, Supervisor, or Chief Operator. When promoted, the women were required to swear the Army oath again.(9)Telephone operators were the first women to serve as soldiers in non-medical classifications and the job of the operators was to help win the war, not to mitigate the harms of the war. In popular parlance, they were known as the Hello Girls.(10)Signal Corps Operators wore Army uniforms and Army insignia always, as well as standard-issue identity disks in case of death, and were subject to court martial for infractions of the military code.(11)Unbeknownst to the women operators and their immediate officers, the legal counsel of the Army ruled internally on March 20, 1918, that the women were not actually soldiers but contract employees, even though the women had not seen or signed any contracts. Military code allowed only for the induction of men and the code remained unchanged despite the orders of General Pershing. Nevertheless, legal counsel also recognized that the National Defense Act of 1916, which allowed for the induction of members of the telephone industry of the United States into the Armed Forces, imposed no gender restrictions.(12)Four days later, on March 24, 1918, the first contingent of operators began their official duties in France. The operators arrived before most infantrymen of the Armed Forces in order to facilitate logistics and deployment and spent their first night in Paris under German bombardment.(13)After the arrival of the operators, telephone service in France improved immediately, as calls tripled from 13,000 to 36,000 per day.(14)The Army quickly recruited, trained, and deployed 5 additional contingents of female Signal Corps operators. With these personnel, calls increased to 150,000 per day.(15)In addition to standard telephone operating, bilingual Signal Corps members provided simultaneous translation between officers from France and officers from the United States, who were communicating by telephone.(16)The AEF fought their first major battles in the last 2 months of the war. By that point, the Signal Corps considered the contributions of women to be so essential that, in telephone exchanges closest to the front line, the Army exclusively used women, in rotating 12-hour shifts. In the rear, the Army established rotating 8-hour shifts and gave male soldiers the overnight shift when telephone traffic was slower.(17)Seven bilingual operators—(A)served at the Battles of St. Mihiel and Meuse-Argonne under the immediate command of General Pershing;(B)staffed the Operations Boards through which orders to advance, fire, and retreat were delivered to soldiers in the trenches, to artillery units on alert, and to pilots awaiting orders at French airfields; and(C)were awarded a Defensive Sector Clasp for the Meuse-Argonne operation.(18)The Chief Operator supervising the Hello Girls, Grace Banker of Passaic, New Jersey, was awarded the Distinguished Service Medal. Out of 16,000 eligible Signal Corps officers, Banker was one of only 18 individuals so honored.(19)Thirty additional operators received special commendations, many signed by General Pershing himself, for exceptionally meritorious and conspicuous services in Advance Sections of the conflict.(20)The war ended on November 11, 1918. As of that date, 223 female operators served in France and had connected 26,000,000 calls for the AEF.(21)The Chief Signal Officer of the Army Signal Corps wrote in his official report 2 days after the date on which the war ended that a large part of the success of the communications of this Army is due to … a competent staff of women operators..(22)After the war ended, some women were ordered to Coblenz in Germany for the occupation of that country and to Paris for the Paris Peace Treaty of 1919 to continue telephone operations, sometimes in direct support of President Woodrow Wilson.(23)Two operators, Corah Bartlett and Inez Crittenden, died in France in the service of the United States and were buried there in military cemeteries with military ceremonies. Those operators died of the same influenza pandemic that killed more soldiers of the Armed Forces than combat operations.(24)Women of the Army Signal Corps were ineligible for discharge until formal release. Because of their role in logistics, those women were among the last soldiers to come home to the United States. The last Signal Corps operators returned from France in January of 1920.(25)Upon arrival in the United States, the Army informed female veterans that they had performed as civilians, not soldiers, even though operators had served in Army uniform in a theater of war surrounded by men who were similarly engaged.(26)Despite the objections of General George Squier, the top-ranking officer in the Signal Corps, the Army denied Signal Corps women the veterans’ benefits granted to male soldiers and female nurses, such as—(A)hospitalization for disabilities incurred in the line of duty;(B)cash bonuses;(C)soldiers’ pensions;(D)flags on their coffins; and(E)the Victory Medals promised them in France.(27)For the next 60 years, female veterans, led by Merle Egan from Montana, petitioned Congress more than 50 times for their recognition. In 1977, under the sponsorship of Senator Barry Goldwater, Congress passed legislation to retroactively acknowledge the military service of the Women’s Airforce Service Pilots (referred to in this section as WASPs) of World War II and the service of any person in any other similarly situated group the members of which rendered service to the Armed Forces of the United States in a capacity considered civilian employment or contractual service at the time such service was rendered.(28)On November 23, 1977, President Jimmy Carter signed the legislation described in paragraph (27) into law as the GI Bill Improvement Act of 1977 (Public Law 95–202; 91 Stat. 1433).(29)The Signal Corps telephone operators applied for, and were granted, status as veterans in 1979.(30)Only 33 of the operators who had returned home after the war were still alive to receive their Victory Medals and official discharge papers, which were finally awarded in 1979.(31)One of the women, Olive Shaw from Massachusetts, returned to the United States after the war, where she worked on the professional staff of Congresswoman Edith Nourse Rogers. Shaw lived to receive her honorable discharge and was the first burial when the Massachusetts National Cemetery opened on October 11, 1980. Shaw’s uniform is on display at the National World War I Museum and Memorial in Kansas City, Missouri.(32)Upon receipt of her honorable discharge at a ceremony in her home in Marine City, Michigan, Hello Girl Oleda Joure Christides raised the paper to her lips and kissed it. The only thing Christides ever wanted from the Federal Government was a flag on her coffin.(33)On July 1, 2009, President Barack Obama signed into law Public Law 111–40 (123 Stat. 1958), which awarded the WASPs the Congressional Gold Medal for their service to the United States.(34)For their role as pioneers who paved the way for all women in uniform, and for service that was essential to victory in World War I, the Hello Girls merit similar recognition.3.Congressional gold medal(a)Award authorizedThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design in honor of the female telephone operators of the Army Signal Corps (commonly known as the Hello Girls), in recognition of those operators’—(1)pioneering military service;(2)devotion to duty; and(3)60-year struggle for—(A)recognition as soldiers; and(B)veterans’ benefits.(b)Design and strikingFor the purposes of the award described in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary) shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary.(c)Smithsonian Institution(1)In generalAfter the award of the gold medal under subsection (a), the medal shall be given to the Smithsonian Institution, where the medal shall be available for display, as appropriate, and made available for research.(2)Sense of CongressIt is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available elsewhere, particularly at—(A)appropriate locations associated with—(i)the Army Signal Corps;(ii)the Women in Military Service for America Memorial;(iii)the U.S. Army Women’s Museum; and(iv)the National World War I Museum and Memorial; and(B)any other location determined appropriate by the Smithsonian Institution.4.Duplicate medalsUnder such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3 at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses.5.National medals(a)National medalsMedals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.(b)Numismatic itemsFor purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.


116 HR 8901 IH: Holyoke Veterans Act
U.S. House of Representatives
2020-12-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8901IN THE HOUSE OF REPRESENTATIVESDecember 8, 2020Mr. Kennedy (for himself and Mr. Neal) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to establish new requirements for State homes for veterans that receive per diem from the Secretary of Veterans Affairs, and for other purposes.1.Short titleThis Act may be cited as the Holyoke Veterans Act.2.State homes for veterans: governing bodies; administrators; infection preventionists(a)In generalSection 1741 of title 38, United States Code, is amended by adding at the end the following new subsection:(g)A State home shall—(1)have a governing body that—(A)is legally responsible for establishing and implementing policies regarding the management and operation of the State home;(B)consists of more than one person; and(C)appoints an administrator or deputy superintendent described in paragraph (2);(2)employ an administrator or deputy superintendent who—(A)is licensed by the State, if required by State law; and(B)meets standards established by the Secretary of Health and Human Services under subsection (f)(4) of sections 1819 and 1919 of the Social Security Act (42 U.S.C. 1395i–3, 1396r);(3)employ an infection preventionist (as that term is defined in section 1744a of this title); and(4)include in information submitted each year to the Secretary—(A)the name of the infection preventionist under paragraph (3); and(B)an emergency plan, updated annually, in case of public health emergency or other disaster..(b)Funding of infection preventionists(1)EstablishmentChapter 17 of title 38, United States Code, is amended by inserting after section 1744 the following new section:1744a.Hiring and retention of infection preventionists: payments to assist States(a)Payment programThe Secretary shall make payments to States under this section for the purpose of assisting State homes in the hiring and retention of infection preventionists.(b)Eligible recipientsPayments to a State for a fiscal year under this section shall, subject to submission of an application, be made to any State that during that fiscal year receives per diem payments under this subchapter for that fiscal year.(c)Limitations on amount of paymentA payment under this section may not be used to provide more than 50 percent of the salary or wages for an infection preventionist for a fiscal year.(d)ApplicationsA payment under this section for any fiscal year with respect to any State home may only be made based upon an application submitted by the State seeking the payment with respect to that State home. Any such application shall describe the salary or wages of the infection preventionist.(e)Source of fundsPayments under this section shall be made from funds available for other payments under this subchapter.(f)DisbursementPayments under this section to a State home shall be made as part of the disbursement of payments under section 1741 of this title with respect to that State home.(g)Use of certain receiptsThe Secretary shall require as a condition of any payment under this section that, in any case in which the State home receives a refund payment made by an employee in breach of the terms of an agreement for employee assistance that used funds provided under this section, the payment shall be returned to the State home’s incentive program account and credited as a non-Federal funding source.(h)Annual report from payment(1)Any State home receiving a payment under this section for any fiscal year, shall, as a condition of the payment, be required to agree to provide to the Secretary a report setting forth in detail the use of funds received through the payment, including the emergency plan under subsection (g) of section 1741 of this title.(2)The report for any fiscal year shall be provided to the Secretary within 60 days of the close of the fiscal year and shall be subject to audit by the Secretary. Eligibility for a payment under this section for any later fiscal year is contingent upon the receipt by the Secretary of the annual report under this subsection for the previous fiscal year in accordance with this subsection.(i)RegulationsThe Secretary shall prescribe regulations to carry out this section. The regulations shall include the establishment of criteria for the award of payments under this section.(j)Infection preventionist definedIn this section, the term infection preventionist means an individual—(1)who has primary professional training in nursing, medical technology, microbiology, epidemiology, or a related field;(2)whom the Secretary determines is qualified by education, training, experience, or certification;(3)who works at least part-time at the State home; and(4)who has completed specialized training in infection prevention and control..(2)Clerical amendmentThe table of sections at the beginning of such chapter is amended by inserting, after the item relating to section 1744, the following new item:1744a. Hiring and retention of infection preventionists: payments to assist States..(c)GAO studyNot later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress containing the results of a study regarding how to improve oversight of State homes by the Secretary.


116 HR 863 IH: DXM Abuse Prevention Act of 2019
U.S. House of Representatives
2019-01-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 863IN THE HOUSE OF REPRESENTATIVESJanuary 30, 2019Ms. Matsui (for herself and Mr. Johnson of Ohio) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Federal Food, Drug, and Cosmetic Act to prevent the abuse of dextromethorphan, and for
			 other purposes.

 1.Short titleThis Act may be cited as the DXM Abuse Prevention Act of 2019. 2.Sales of over-the-counter drugs containing dextromethorphan (a)Prohibited acts (1)Verification systemSection 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following:

 (fff)The failure of a retailer (as defined in section 506H) that offers for sale in interstate commerce covered drugs (as defined in section 506H) to have a verification system as required by section 506H (relating to sales of over-the-counter drugs containing dextromethorphan)..
 (2)Identifier for electronic point of sale system; active ingredientsSection 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331), as amended by paragraph (1), is further amended by adding at the end the following:

 (ggg)The introduction or delivery for introduction into interstate commerce of any covered drug (as defined in section 506H) whose labeling does not include—
 (1)a universal product code, universal product number, bar code, or similar identifier to allow an electronic point of sale system to recognize that the sale of the covered drug is prohibited to those under the age of 18; and
 (2)the established name of each active ingredient of the covered drug within the first panel of the drug facts labeling required by section 201.66(c) of title 21, Code of Federal Regulations (or any successor regulations), in no smaller than 6-point type..
 (b)Verification systemThe Federal Food, Drug, and Cosmetic Act is amended by inserting after section 506G of such Act (21 U.S.C. 356g) the following:

					506H.Sales of over-the-counter drugs containing dextromethorphan
 (a)Verification systemAny retailer selling or offering for sale in interstate commerce a covered drug shall have a verification system in accordance with this section that is intended to ensure that no individual who purchases a covered drug from the retailer is under 18 years of age. Such a system shall be set up to prompt a retailer to examine a purchaser’s identification card.
 (b)Means used To ensure complianceA verification system under subsection (a) may ensure compliance with this section by any of, or any combination of, the following means:
 (1)An electronic point-of-sale system that is coded— (A)to prompt for verification of the age of purchasers of covered drugs; and
 (B)to deny sales of covered drugs to those under the age of 18. (2)Training manuals, materials, or programs that instruct employees—
 (A)to verify the age of purchasers of covered drugs; and (B)to deny sales of covered drugs to those under the age of 18.
 (3)Signage in and around the sales counter outlining the age restriction on sales of covered drugs. (4)Designating one on-duty employee to approve sales of covered drugs.
 (5)Any other verification measure adopted by a retailer that is designed to ensure that a purchaser of a covered drug is not under 18 years of age if, based on an examination of the purchaser’s identification card, the retailer reasonably concludes the identification card is valid and indicates the purchaser is not under 18 years of age.
							(c)Exceptions
 (1)Individuals over 26A verification system under subsection (a) need not require verification of the age of any individual over the age of 26.
 (2)Valid prescriptionA verification system under subsection (a) need not apply to any sale made by a retailer that is a pharmacy pursuant to a validly issued prescription.
 (3)Valid military identification cardA verification system under subsection (a) need not apply to any sale to an individual who supplies proof at the time of such sale that such individual is actively enrolled in the military and presents a valid military identification card.
 (d)EnforcementIn carrying out this section, the Secretary shall coordinate with State entities that regulate retailers, as designated by the State, to perform activities to ensure compliance with this section, including providing for appropriate investigation of complaints related to violations of this section.
 (e)Compliance with State systemIf a State has a law under which a retailer in the State is required to have a system that ensures that no individual who purchases a covered drug from the retailer is under 18 years of age, the Secretary shall treat any such retailer in the State that is in compliance with such law as having a verification system as required by this section, including for purposes of sections 301(fff) and 303(h).
 (f)DefinitionsIn this section: (1)The term covered drug—
 (A)means a drug that— (i)contains dextromethorphan; and
 (ii)is not subject to section 503(b)(1); and (B)excludes any drug that is packaged in packets or pouches and contains 2 or fewer maximum adult doses of dextromethorphan as allowable under section 341.74 of title 21, Code of Federal Regulations (or any successor regulations).
 (2)The term identification card means an identification card that— (A)includes a photograph and the date of birth of the individual; and
 (B)is issued by a State or the Federal Government or is considered acceptable for purposes of sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code of Federal Regulations (including any successor regulations).
 (3)The term retailer means— (A)a grocery store, general merchandise store, drug store, pharmacy, convenience store, or other entity whose activities as a seller of covered drugs containing dextromethorphan are limited almost exclusively to sales for personal use, both in number and volume of sales, including any sales made by the Internet or other means; and
 (B)excludes any entity listed in subparagraph (A) that does not sell any covered drug described in paragraph (1)(A)..
 (c)Civil penaltiesSection 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following:

 (h)A retailer that violates section 301(fff) shall not be subject to subsection (a) or any civil monetary penalty under this Act for such violation except as follows:
 (1)If the Secretary finds that a retailer fails to have a verification system in violation of section 301(fff)—
 (A)upon the first such finding, the Secretary shall issue a formal notice of violation and give the retailer a period of at least 30 days (beginning on the receipt of such notice) to correct the violation;
 (B)upon the second such finding, the retailer shall be subject to a civil penalty of not more than $1,000;
 (C)upon the third such finding, the retailer shall be subject to a civil penalty of not more than $2,000; and
 (D)upon the fourth and any subsequent such finding, the retailer shall be subject to a civil penalty of not more than $5,000.
 (2)In determining the amount of a civil penalty under this subsection for a retailer, the Secretary shall consider whether the retailer has taken appropriate steps to prevent subsequent violations, such as the establishment and administration of a documented employee training program to ensure all employees are familiar with, and abiding by, the retailer’s verification system established pursuant to section 506H, where such program includes—
 (A)educating employees regarding covered drugs; (B)instruction on the correct method of checking a purchaser’s identification card; and
 (C)notifying employees of the civil penalties under this subsection. (3)If a retailer transacts sales of covered drugs at more than one physical location, for purposes of determining the number of violations by that retailer under this subsection, each individual physical location operated by that retailer shall be considered a separate retailer.
 (4)The Secretary shall notify retailers found to have violated section 301(fff) as soon as practicable after the Secretary discovers such violation. Such notification shall include the date and time when the failure to have a verification system as required by such section was observed to occur.
 (5)In this subsection, the terms covered drug and retailer have the meanings given such terms in section 506H.. (d)ApplicabilityThe amendments made by subsections (a), (b), and (c) shall apply with respect to drugs sold or offered for sale on or after the date that is one year after the date of enactment of this Act.
 (e)Sense of Congress regarding communication by organizations nominated by manufacturersIt is the sense of Congress that organizations nominated by manufacturers of covered drugs (as defined in section 506H of the Federal Food, Drug, and Cosmetic Act, as added by subsection (c)) should make reasonable efforts to communicate to retailers (as defined in such section 506H) the requirements of such section 506H, including by making available upon request materials (which may include signage, manuals, materials, or programs) to assist with educating employees regarding such covered drugs.
			3.Restrictions on distribution of bulk dextromethorphan
 (a)In generalThe Federal Food, Drug, and Cosmetic Act is amended— (1)in section 301 (21 U.S.C. 331) (as amended by section 2(a)) by adding at the end the following:

 (hhh)The possession, receipt, or distribution of unfinished dextromethorphan in violation of section 506I.;
 (2)by inserting after section 506H (as added by section 2(b)) the following:  506I.Restrictions on the distribution of bulk dextromethorphan (a)In generalNo person shall—
 (1)possess or receive unfinished dextromethorphan, unless the person is registered under section 510 or otherwise registered, licensed, or approved pursuant to Federal or State law to engage in—
 (A)the practice of pharmacy; or (B)drug or drug ingredient discovery, production, manufacture, or distribution; or
 (2)distribute unfinished dextromethorphan to any person other than a person described in paragraph (1).
 (b)Exception for common carriersThis section does not apply to a common carrier that possesses, receives, or distributes unfinished dextromethorphan for purposes of distributing such unfinished dextromethorphan between persons described in subsection (a).
 (c)DefinitionsIn this section: (1)The term common carrier means any person that holds itself out to the general public as a provider for hire of the transportation by water, land, or air of merchandise, whether or not the person actually operates the vessel, vehicle, or aircraft by which the transportation is provided, between a port or place and a port or place in the United States.
 (2)The term unfinished dextromethorphan means dextromethorphan that is not contained in a drug that is in finished dosage form.; and (3)by amending section 303, as amended by section 2(c), by adding at the end the following:

 (i)A person that violates section 301(hhh) shall not be subject to subsection (a) or any civil monetary penalty under this Act for such violation except such person shall be subject to a civil penalty in an amount of not more than $100,000..
 (b)ApplicabilityThe amendments made by this section apply beginning on the date of enactment of this Act.


116 HRES 989 IH: Expressing the sense of the House of Representatives that blood donation policies in the United States should be equitable and based on science.
U.S. House of Representatives
2020-06-01
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.

IV116th CONGRESS2d SessionH. RES. 989IN THE HOUSE OF REPRESENTATIVESJune 1, 2020Mr. Schiff (for himself, Mrs. Carolyn B. Maloney of New York, Ms. Ocasio-Cortez, Mr. Pappas, Mr. Quigley, Ms. Lee of California, Ms. Haaland, and Ms. Clark of Massachusetts) submitted the following resolution; which was referred to the Committee on Energy and CommerceRESOLUTIONExpressing the sense of the House of Representatives that blood donation policies in the United States should be equitable and based on science.Whereas, in 1983, the Food and Drug Administration (FDA), an agency under the Department of Health and Human Services (HHS), prohibited the donation of blood by any man who has had sex with another man (MSM) at any time since 1977;Whereas, in December 2015, based on recommendations from the HHS Advisory Committee on Blood and Tissue Safety and Availability, the FDA promulgated revised regulations to allow an MSM to donate blood only if he has not been sexually active for the past 12 months;Whereas despite these steps, a double standard remained as the revised policy continued to treat gay and bisexual men differently from others;Whereas, on April 2, 2020, the FDA issued guidance for immediate implementation to address the urgent and immediate need for blood and blood components;Whereas the FDA has changed the recommended deferral period for MSM donors from 12 months to 3 months;Whereas a 3-month deferral policy for gay and bisexual men to donate blood remains overly stringent given the scientific evidence, advanced testing methods, and the safety and quality control measures in place within the different FDA-qualified blood donating centers;Whereas the Williams Institute of the University of California at Los Angeles School of Law estimates that, based on the population of eligible and likely donors among the MSM community, lifting the Federal lifetime deferral policy on blood donation by an MSM could result in as many as 4,200,000 newly eligible male donors, of which 360,600 would likely donate and generate 615,300 additional pints of blood;Whereas the increased uptake of pre-exposure prophylaxis (PrEP), which reduces the likelihood that an HIV-negative individual will acquire HIV, has allowed many more gay and bisexual men to be aware of their HIV-negative status and take steps to effectively eliminate their personal risk of HIV transmission;Whereas more than 4,000 blood drives across the United States have been canceled due to the COVID–19 pandemic, resulting in approximately 130,000 fewer donations;Whereas maintaining an adequate blood supply is vital to public health;Whereas the American Red Cross estimates that every 2 seconds, someone in the United States needs blood;Whereas the American Medical Association has stated that the ethical ideal for public policy in this area should be to transition away from policy that defers categories of persons based on attributing to all members risks associated with a population and toward policy that defers individual donors on grounds of evidence-based risk assessment;Whereas Congress directed the Secretary of HHS to carry out an initiative to improve awareness of the importance and safety of blood donation and the continued need for blood donations during the COVID–19 public health emergency, through passage of the CARES Act; Whereas numerous Federal officials, including Surgeon General Dr. Jerome Adams and the HHS Assistant Secretary for Health Dr. Brett Giroir, have publicly encouraged people to donate blood during the COVID–19 pandemic;Whereas people who have fully recovered from COVID–19 for at least 2 weeks are encouraged to consider donating convalescent plasma, which contains antibodies against the virus;Whereas convalescent plasma is being evaluated as treatment for patients with serious or immediately life-threatening COVID–19 infections, or those judged by a health care provider to be at high risk of progression to severe or life-threatening disease; andWhereas the FDA is in the process of again reevaluating and considering updating its blood donor deferral policies as new scientific information becomes available, including the feasibility of moving from the existing identity-based deferrals related to group risk behaviors to alternate deferral options, such as the use of individual risk assessments: Now, therefore, be itThat it is the sense of the House of Representatives that policies governing blood and blood product donation in the United States should—(1)be grounded in science;(2)minimize deferral periods;(3)be based on individual risk factors;(4)not unfairly single out any group of individuals; and(5)allow donations by all those who can safely do so.


		I
		112th CONGRESS
		2d Session
		H. R. 6034
		IN THE HOUSE OF REPRESENTATIVES

			June 27, 2012
			Mr. Garamendi (for
			 himself, Mr. Daniel E. Lungren of
			 California, Ms.
			 Richardson, Mr. Loebsack,
			 Mr. Stark, and
			 Mr. Thompson of California) introduced
			 the following bill; which was referred to the
			 Committee on Financial
			 Services

		A BILL
		To provide for the establishment of a task force to
		  conduct a study to analyze the challenges faced by agricultural areas and rural
		  communities designated as an area having special flood hazards for purposes of
		  the National Flood Insurance Program.

		1.Short titleThis Act may be cited as the
			 Advancing Agricultural Floodplain
			 Management Act of 2012.
		2.Task force to
			 advance agricultural floodplain management in the National Flood Insurance
			 Program
			(a)DefinitionsIn
			 this section:
				(1)Agricultural
			 areas and rural communitiesThe term agricultural areas and rural
			 communities refers to areas where substantially all of the land-use is
			 agricultural along with communities that are located in an area where a
			 substantial portion of the economy, currently is and historically was, based on
			 agricultural production.
				(2)AdministratorThe
			 term Administrator means the Administrator of the Federal
			 Emergency Management Agency.
				(3)SecretaryThe
			 term Secretary means the Secretary of Agriculture.
				(b)Establishment;
			 studyThe Administrator and the Secretary shall jointly establish
			 a task force that shall conduct a study to analyze the challenges faced by
			 agricultural areas and rural communities designated as an area having special
			 flood hazards for purposes of the National Flood Insurance Program under the
			 National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
			(c)MembershipThe
			 task force shall consist of 13 members, including the Administrator and
			 Secretary, or their designees. All other members shall be appointed jointly by
			 the Administrator and the Secretary as follows:
				(1)One individual who
			 is a representative of a national farm organization or a national agricultural
			 commodities organization.
				(2)One individual who
			 is a representative of the insurance industry or the financial and banking
			 industry.
				(3)One individual who
			 is a representative of a national floodplain management organization or a
			 national organization of flood and stormwater management agencies.
				(4)One individual who is a representative of
			 agricultural floodplain interests.
				(5)Three local
			 landowners or farmers (or both) or representatives from local flood control
			 associations in impacted areas, including the Central Valley of California, the
			 Mississippi Valley, and the Missouri Valley.
				(6)Two individuals
			 who are elected officials of units of general local governments who represent
			 agricultural areas and rural communities.
				(7)Two individuals
			 who have an interest or expertise in the issues specified in subsection
			 (b).
				(d)Co-ChairsThe
			 Administrator and the Secretary, or their designees, shall serve as co-chairs
			 of the task force.
			(e)StaffThe
			 Administrator and the Secretary may detail, on a reimbursable basis, any of the
			 personnel of such agencies to the task force to assist the task force in
			 carrying out its duties under this section.
			(f)ReportNot later than one year after the
			 appointment of the members of task force, the task force shall submit to the
			 Committee on Financial Services and the Committee on Agriculture of the House
			 of Representatives and the Committee on Banking, Housing, and Urban Affairs and
			 the Committee on Agriculture, Nutrition, and Forestry of the Senate a report
			 regarding the study conducted pursuant to subsection (b) that shall include any
			 findings and conclusions of the study and recommended changes to the National
			 Flood Insurance Program to strengthen the economic viability and vitality of
			 agricultural areas and rural communities. The report shall include an analysis
			 and recommendations regarding the following:
				(1)Impacts of the building restrictions of the
			 National Flood Insurance Program on the repair, rehabilitation, replacement,
			 construction, or alteration of agricultural production structures and repair,
			 rehabilitation, construction, or replacement of associated rural community
			 properties supporting the agricultural economy of the agricultural areas and
			 rural communities.
				(2)Changes to the
			 National Flood Insurance Act of 1968, regulations, or policy that might
			 mitigate the impacts identified under paragraph (1).
				(3)The feasibility, advantages, and
			 disadvantages of the establishment of a new National Flood Insurance Program
			 flood zone for agricultural areas and rural communities.
				(4)Options for the National Flood Insurance
			 Program to offer lower cost insurance in agricultural areas and rural
			 communities due to lower losses associated with low-density population and
			 structures of the rural area.
				(5)Financial
			 implications to the National Flood Insurance Program if lower cost flood
			 insurance was offered by the National Flood Insurance Program to agricultural
			 areas and rural communities.
				(6)Premiums paid to and claims paid by the
			 National Flood Insurance Program in agricultural areas and rural communities
			 since the creation of the National Flood Insurance Program and a comparison of
			 these figures to those in urban areas.
				(7)The potential
			 impacts to economy and life safety from the allowance of in-fill construction
			 or building expansion in agricultural areas and rural communities.
				(g)TerminationThe
			 task force shall terminate 120 days after the date of the submission of the
			 report under subsection (f).


		II
		112th CONGRESS
		2d Session
		S. 2093
		IN THE SENATE OF THE UNITED STATES

			February 9, 2012
			Mr. Menendez introduced
			 the following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To establish pilot programs to encourage the use of
		  shared appreciation mortgage modifications, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Preserving American Homeownership
			 Act of 2012.
		2.FindingsCongress finds the following:
			(1)The stability of
			 the economy, housing market, and neighborhoods of the United States depends
			 upon reducing the number of foreclosures in the United States.
			(2)Underwater
			 homeowners have an incentive to walk away from their homes, contributing
			 greatly to the increase in foreclosures.
			3.Shared
			 appreciation mortgage modification pilot programs
			(a)DefinitionsIn
			 this section—
				(1)the term
			 capital improvement means a home improvement described in table 4
			 of Publication 530 of the Internal Revenue Service, or any successor
			 thereto;
				(2)the term
			 covered mortgage means a mortgage—
					(A)that is—
						(i)sold to the
			 Federal National Mortgage Association, the Government National Mortgage
			 Association, or the Federal Home Loan Mortgage Corporation; or
						(ii)insured under
			 title II of the National Housing Act (12 U.S.C. 1707 et seq.);
						(B)that is secured
			 by real property that is the primary residence of a homeowner;
					(C)that is in an
			 amount that is greater than the appraised value of the real property securing
			 the mortgage on or about the date on which the homeowner is approved to
			 participate in the pilot program under subsection (b);
					(D)with respect to
			 which the homeowner—
						(i)is
			 not fewer than 60 days delinquent; or
						(ii)is
			 at risk of imminent default; and
						(E)of a homeowner
			 who has a documented financial hardship that prevents or will prevent the
			 homeowner from making mortgage payments;
					(3)the term
			 enterprise has the same meaning as in section 1303 of the Federal
			 Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C.
			 4502);
				(4)the term
			 homeowner means the mortgagor under a covered mortgage;
				(5)the term
			 investor means—
					(A)the mortgagee
			 under a covered mortgage; or
					(B)in the case of a
			 covered mortgage that collateralizes an asset-backed security, as defined in
			 section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)), the
			 trustee for the asset-backed security;
					(6)the term
			 pilot program means a pilot program established under subsection
			 (b); and
				(7)the term
			 shared appreciation mortgage modification means a modification of
			 a covered mortgage in accordance with subsection (c).
				(b)Pilot programs
			 establishedThe Director of the Federal Housing Finance Agency
			 and the Federal Housing Commissioner shall each establish a pilot program to
			 encourage the use of shared appreciation mortgage modifications that are
			 designed to return greater cash flow to investors than other loss-mitigation
			 activities, including foreclosure, and result in positive net present value for
			 the investor.
			(c)Shared
			 appreciation mortgage modificationFor purpose of the pilot
			 program, a shared appreciation mortgage modification shall—
				(1)reduce the
			 loan-to-value ratio of a covered mortgage to 95 percent within 3 years, by
			 reducing the amount of principal under the covered mortgage by
			 1/3 at the end of each year for 3 years;
				(2)reduce the
			 interest rate for a covered mortgage, if a reduction of principal under
			 paragraph (1) would not result in a reduced monthly payment that is affordable
			 to the homeowner;
				(3)reduce the amount
			 of any periodic payment required to be made by the homeowner, so that the
			 amount payable by the homeowner is equal to the amount that would be payable by
			 the homeowner if, on the date on which the shared appreciation mortgage
			 modification takes effect—
					(A)all reductions of
			 the amount of principal under paragraph (1) had been made; and
					(B)any reduction in
			 the interest rate under paragraph (2) for which the covered mortgage is
			 eligible had been made;
					(4)require the
			 homeowner to pay to the investor after refinancing or selling the real property
			 securing a covered mortgage a percentage of the amount of any increase (not to
			 exceed 50 percent of such increase) in the value of the real property during
			 the period beginning on the date on which the homeowner was approved to
			 participate in the pilot program and ending on the date of the refinancing or
			 sale that is equal to the percentage by which the investor reduced the amount
			 of principal under the covered mortgage under paragraph (1); and
				(5)result in a
			 positive net present value for the investor after taking into account the
			 principal reduction under paragraph (1) and, if necessary, any interest rate
			 reduction under paragraph (2).
				(d)Determination
			 of value of home
				(1)In
			 generalFor purposes of this section, the value of real property
			 securing a covered mortgage shall be determined by a licensed appraiser who is
			 independent of and does not otherwise do business with the homeowner, servicer,
			 investor, or an affiliate of the homeowner, servicer, or investor.
				(2)Time for
			 determinationThe value of real property securing a covered
			 mortgage shall be determined on a date that is as close as practicable to the
			 date on which a homeowner begins to participate in a pilot program.
				(3)Cost
					(A)Responsibility
			 for cost
						(i)Initial
			 costThe investor shall pay the cost of an appraisal under
			 paragraph (1).
						(ii)Deduction from
			 homeowner shareAt the option of the investor, the cost of an
			 appraisal under paragraph (1) may be added to the amount paid by the homeowner
			 to the investor under subsection (c)(4).
						(B)Reasonableness
			 of costThe cost of an appraisal under paragraph (1) shall be
			 reasonable, as determined by the Director of the Federal Housing Finance Agency
			 and the Federal Housing Commissioner.
					(4)Second
			 appraisalAt the time of refinancing or sale of real property
			 securing a covered mortgage, the investor may request a second appraisal of the
			 value of the real property, at the expense of the investor, by a licensed
			 appraiser who is independent of and does not otherwise do business with the
			 homeowner, servicer, investor, or an affiliate of the homeowner, servicer, or
			 investor, if the investor believes that the sale price or claimed value at the
			 time of the refinancing is not an accurate reflection of the fair market value
			 of the real property.
				(e)Eligibility for
			 reduction of principalEach pilot program shall provide that a
			 homeowner is not eligible for a reduction in the amount of principal under a
			 covered mortgage under a shared appreciation mortgage modification if, after
			 the homeowner begins participating in the pilot program, the homeowner—
				(1)is delinquent on
			 more than 3 payments under the shared appreciation mortgage modification during
			 any of the 3 successive 1-year periods beginning on the date on which the
			 shared appreciation mortgage modification is made; and
				(2)fails to be
			 current with all payments described in paragraph (1) before the end of each
			 1-year period described in paragraph (1).
				(f)Notification
				(1)In
			 generalEach pilot program shall require that the servicer of a
			 covered mortgage transmit to each homeowner participating in the pilot program
			 written notice, in clear and simple language, of how to maintain and submit any
			 documentation of capital improvements that is necessary to ensure that the
			 shares of any increase in the value of the real property securing the covered
			 mortgage to which the investor and the homeowner are entitled are determined
			 accurately.
				(2)TimingThe
			 pilot program shall require that a servicer provide the notice described in
			 paragraph (1)—
					(A)before the
			 homeowner accepts a shared appreciation mortgage modification; and
					(B)before the
			 homeowner sells or refinances the real property securing the covered
			 mortgage.
					(g)Participation
			 by servicersThe Director of the Federal Housing Finance Agency
			 shall require each enterprise to require that any servicer of a covered
			 mortgage in which the enterprise is an investor participate in the pilot
			 program of the Federal Housing Finance Agency by offering shared appreciation
			 mortgage modifications to a random and statistically significant sampling of
			 homeowners with covered mortgages.
			(h)Studies and
			 reportsThe Director of the Federal Housing Finance Agency and
			 the Federal Housing Commissioner shall—
				(1)conduct annual
			 studies of the pilot program of the Federal Housing Finance Agency and the
			 Federal Housing Administration, respectively; and
				(2)submit a report
			 to Congress containing the results of each study at the end of each of the 3
			 successive 1-year periods beginning on the date on which the pilot program is
			 established.
				(i)TerminationOn
			 and after the date that is 2 years after the date of enactment of this Act, the
			 Director of the Federal Housing Finance Agency and the Federal Housing
			 Commissioner may not enter into any agreement under the pilot program with
			 respect to a shared appreciation mortgage modification.


116 HR 232 IH: Landlord Accountability Act of 2019
U.S. House of Representatives
2019-01-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
116th CONGRESS1st Session
H. R. 232
IN THE HOUSE OF REPRESENTATIVES

January 3, 2019
Ms. Velázquez introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend the Fair Housing Act, to prohibit discrimination based on use of section 8 vouchers, and for other purposes.

1.Short titleThis Act may be cited as the Landlord Accountability Act of 2019.  2.Congressional findingsThe Congress finds that—
(1)the United States is in the midst of a housing crisis, as the homeownership rate has declined to 64.4 percent, which is lower than it was 20 years ago, while rental demand has increased and pushed vacancy rates down to 7.1 percent;  (2)the median rental asking price is $1,003, up from $708 ten years ago;
(3)in June 2018, United States housing rents hit an all-time high of $1,405 per month; of the 250 largest U.S. cities 88 percent experienced increases in housing rents over the previous year;  (4)families and individuals that pay more than 30 percent of their income for housing are considered cost-burdened and have difficultly affording other necessities like food, clothing, transportation, and medical care;
(5)almost half of all renters in the United States, approximately 19.9 million households, are cost-burdened;  (6)9.7 million extremely low-income renters spend more than 30 percent of their income on rent; of those renters, 8 million are considered severely cost-burdened and forced to spend more than half of their income on rent;
(7)the current rental environment makes rental assistance under the Section 8 Housing Choice Voucher Program of the Department of Housing and Urban Development vital to finding affordable housing for many families;  (8)the Section 8 Program helps approximately 4.5 million low-income families, the elderly, and the disabled afford respectable housing in the private market;
(9)the Section 8 Housing Choice Voucher Program assists our Nation’s most economically vulnerable families—the average annual income for all voucher-funded recipients is only $14,444;  (10)many of the individuals and families assisted by the Section 8 Program would be at risk of homelessness without the program;
(11)the Section 8 program caps the rental cost for eligible families and individuals at 30 percent of their incomes, which frees up their limited resources to pay for life’s other necessities;  (12)although families and individuals assisted under the program are free to choose any available housing in their community, that has not prevented landlords from discriminating against low-income tenants;
(13)public housing authorities are experiencing historically low success rates as measured by the percentage of families who are receiving housing vouchers that are actually able to use them in the private market;  (14)given the strong connection between the classes currently protected under the Fair Housing Act, including race, gender, those with disabilities, familial status, and economic status, establishing a ban on income discrimination would further the goals of the Fair Housing Act and better protect these families and individuals;
(15)for many years, landlords have relied on the Section 8 housing program to provide affordable housing to tenants in low-income areas, but as more urban areas have undergone rapid revitalization, property values have risen dramatically;  (16)as a result of rising property values, there have been serious allegations that landlords are intentionally allowing their federally subsidized units to deteriorate in an effort to drive voucher-users out and convert units to higher, market-rate apartments;
(17)in addition, landlords are failing to meet the housing quality standards of the Department of Housing and Urban Development and improperly demanding rent in excess of 30 percent of voucher-holders’ incomes; and  (18)therefore, it is necessary to ban discrimination against source of income, discourage intentional acts to disqualify dwelling units from Federal housing programs, and encourage proper maintenance of multifamily housing in order to revive the Section 8 rental assistance program, affirmatively further fair housing policies, and address our national housing affordability crisis.
3.Prohibition of discrimination on account of use of section 8 vouchers
(a)In generalSection 804 of the Fair Housing Act (42 U.S.C. 3604) is amended by inserting after paragraph (f) the following new paragraph:  (g)To discriminate in connection with the rental of a dwelling because the tenant or prospective tenant is the holder of a housing voucher..
(b)DefinitionSection 802 of the Fair Housing Act (42 U.S.C. 3602) is amended by adding at the end the following new paragraph:  (p)Holder of a housing voucher means a holder of a voucher for rental assistance under subsection (o) or (t) of section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)..
4.Penalties for intentional acts to disqualify dwelling units from eligibility for Federal housing programs
(a)ViolationAn owner of a dwelling unit that is available for rental may not take any action, or fail to take any action, with the intent to make the dwelling unit insufficiently decent, safe, sanitary, or inhabitable, or cause such other physical condition, so that the dwelling does not qualify for assistance within the jurisdiction of the Department (as such term is defined in section 102(m) of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545(m))).  (b)Civil money penaltiesAny person who is found by the Secretary of Housing and Urban Development, after notice and opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have violated subsection (a) shall be assessed a civil money penalty by the Secretary in the amount of $100,000 for each such action or failure to act.
(c)Liability to tenantsA tenant who, at the time of a violation under subsection (a), occupies the dwelling unit to which the violation relates may bring a civil action for damages in the following amounts: (1)$50,000 for each action or failure to act in violation of subsection (a).
(2)Any actual damages and costs to the tenant resulting from the violation, including any costs of finding a replacement dwelling unit.  5.Resources for receiving and resolving complaints regarding multifamily housing projects (a)Increased HUD staffing for complaint call staffing (1)Increased staffingThe Secretary shall, not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, increase the staffing level for the Multifamily Housing Complaint Line established and operated by the Multifamily Housing Clearinghouse of the Department so that it is sufficient and appropriate to handle the volume of calls received without unreasonable waiting periods.
(2)Authorization of appropriationsFor carrying out paragraph (1), there are authorized to be appropriated to the Secretary such sums as may be necessary for each fiscal year for carrying out paragraph (1).  (b)Multifamily housing complaint resolution program (1)In generalThe Secretary shall carry out a Multifamily Housing Complaint Resolution Program for receiving complaints about multifamily housing projects from voucher users who reside in such projects and local governmental officials, under which the Secretary shall provide for—
(A)gathering of information regarding each such complaint;  (B)determining whether there is a likelihood that there is any violation of the requirements under the rental assistance voucher program relating to such complaint;
(C)informing the owner or landlord of the complaint and any violations; and  (D)attempting to resolve the complaint and violations, including through mediation.
(2)ResolutionThe Secretary may provide for carrying out the activities required under paragraph (1)(D) through regional or field offices of the Department or through such local or private organizations or agencies as the Secretary determines have appropriate capabilities and expertise to carry out such activities.  (3)FundingAmounts made available for administrative fees under section 8(q) of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)) shall be available for carrying out the program under this subsection.
(4)RegulationsNot later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary shall issue any regulations necessary to establish the Program required under this subsection.  6.HUD disclosure of landlord complaints (a)Public disclosureThe Secretary shall publicly disclose, on a website of the Department and on a timely basis, information regarding each complaint received under the Program establish pursuant to section 5(b), which shall include for each such complaint—
(1)the nature of the complaint;  (2)the date on which such complaint was submitted to the Department;
(3)the disposition, as of the time of such disclosure, of such complaint; and  (4)information identifying the multifamily housing project to which such complaint relates.
(b)Reports to CongressThe Secretary of Housing and Urban Development shall submit a report annually to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate summarizing the complaints described in subsection (a) that were received by the Department during the preceding year and describing the disposition to such date of such complaints.  7.Tax credit incentive for maintenance of multifamily housing with voucher user tenants (a)In generalSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

45T.Low-income housing maintenance credit
(a)In generalFor purposes of section 38, in the case of an eligible landlord, the low-income housing maintenance credit determined under this section for the taxable year is an amount equal to the amount of the taxpayer’s low-income housing maintenance expenses for such taxable year.  (b)Limitations (1)Per unit limitationThe credit allowed under subsection (a) with respect to any taxpayer for any taxable year shall not exceed the product of $2,500 multiplied by the number of low-income housing units owned by the taxpayer.
(2)Per building limitationThe credit allowed under subsection (a) with respect to any taxpayer for any taxable year shall not exceed the product of $100,000 multiplied by the number of eligible low-income housing projects owned by the taxpayer.  (3)Per taxpayer limitationThe credit allowed under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $500,000.
(c)Eligible landlordFor purposes of this section, the term eligible landlord means any taxpayer for any taxable year if— (1)such taxpayer owns one or more eligible low-income housing projects during such taxable year, and
(2)either— (A)each complaint that is filed, under the program under section 5(b) of the Landlord Accountability Act of 2019, during such taxable year with respect to a dwelling unit in an eligible low-income housing project owned by such taxpayer has been determined by the Secretary of Housing and Urban Development to have been remedied not later than the date which is 30 days after the date on which such complaint is so filed, or
(B)no such complaint has been filed with respect to such a dwelling unit in such a housing project owned by such taxpayer during such taxable year.  (d)Other definitionsFor purposes of this section—
(1)Low-income housing maintenance expensesThe term low-income housing maintenance expenses means the aggregate amount paid or incurred by the taxpayer during the taxable year for maintenance or improvement of low-income housing units.  (2)Eligible low-income housing projectThe term eligible low-income housing project means, with respect to a taxable year, a housing project—
(A)that consists of five or more dwelling units at least one of which was occupied during such year by a family who rented the dwelling unit using a voucher for rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)); and  (B)with respect to which the eligible landlord has entered into such binding agreements as the Secretary of Housing and Urban Development shall require to ensure that rents for dwelling units in the project do not, at any time after the taxable year in which a low-income housing maintenance credit under this section is allowable, exceed the applicable fair market rental under section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)) for the market area in which the project is located.
(3)Low-income housing unitThe term low-income housing unit means a dwelling unit within an eligible low-income housing project.  (e)Aggregation ruleAll persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person for purposes of applying this section. The credit determined under subsection (a) (after application of subsection (b)) shall be allocated among such persons in such manner as the Secretary may prescribe.
(f)TerminationNo credit shall be determined under this section with respect to any taxable year beginning after December 31, 2029..  (b)Credit To be part of general business creditSection 38(b) of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus, and by adding at the end the following new paragraph:

(37)in the case of an eligible landlord (as defined in section 45S(c)), the low-income housing maintenance credit determined under section 45S..  (c)Clerical amendmentThe table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:

Sec. 45T. Low-income housing maintenance credit..
(d)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2019.  8.Public display of tenant’s rights and complaint line (a)Required displayAn owner of a multifamily housing project in which three or more voucher users reside shall display, at all times and in clear and conspicuous location on each floor of such project that contains any dwelling unit, a written notice that includes—
(1)a statement describing the rights under Federal law afforded to tenants of the project who are voucher users;  (2)the phone number for the Multifamily Housing Complaint Line established and operated by the Multifamily Housing Clearinghouse; and
(3)the phone number for a regional or local office of the Department which can provide tenants additional information regarding State and local resources for tenants.  (b)Civil money penaltyAny person who is found by the Secretary of Housing and Urban Development, after notice and opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have failed to make a good faith effort to display notice complying with subsection (a) may be assessed a civil money penalty by the Secretary in the amount of $500 for each day of each such failure, except that the Secretary shall waive such penalty in any case in which an owner cures such violation within the 5-day period beginning upon notice by the Secretary of such violation.
(c)Model notice
(1)DevelopmentNot later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary shall develop and publish in the Federal Register a model notice that fulfills the requirements under subsection (a)(1).  (2)AvailabilityThe Secretary shall make copies of the notice developed pursuant to paragraph (1) available, upon request, to owners of multifamily housing projects.
(d)ApplicabilitySubsections (a) and (b) shall apply beginning upon the expiration of the 60-day period that begins on the date that the Secretary publishes notice in the Federal Register pursuant to subsection (c)(1).  (e)RegulationsNot later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary shall issue regulations to carry out this section.
9.Grants for tenant harassment prevention programs
(a)AuthorityThe Secretary may, to the extent amounts are made available for grants under this section, make grants to States, Indian tribes, units of local government, and nonprofit, nongovernmental affordable housing organizations to develop, expand, or assist tenant harassment prevention programs.  (b)Tenant harassment prevention programFor purposes of this section, the term tenant harassment prevention program means any program or activities designed to protect, assist, or educate tenants of residential rental dwelling units regarding harassing or illegal behavior by their landlords intended to force the tenant to vacate the dwelling unit or surrender any of their rights as tenants. Such term includes programs and activities providing legal assistance, counseling, education, intervention, complaint processes.
(c)Federal shareThe amount of a grant under this section for any tenant harassment prevention program may not exceed 75 percent of the total costs of the program or activities to be carried out, including administrative costs.  (d)ApplicationsThe Secretary shall provide for eligible entities specified in subsection (a) to apply for grants under this section, which applications shall describe the tenant harassment prevention program to be assisted with grant amounts, the activities to be carried out under the program, and the projected costs of such activities;
(e)SelectionThe Secretary shall select applicants to receive grants based on criteria that the Secretary shall establish.  (f)Authorization of appropriationsThere are authorized to be appropriated $25,000,000 for each of fiscal years 2020 through 2024 for grants under this section.
10.DefinitionsFor purposes of this Act, the following definitions shall apply: (1)Multifamily housing projectThe term multifamily housing project means a housing project consisting of five or more dwelling units.
(2)Rental assistance voucherThe term rental assistance voucher means a voucher for rental assistance made available under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)).  (3)SecretaryThe term Secretary means the Secretary of Housing and Urban Development.
(4)Voucher userThe term voucher user means a family who is renting a dwelling unit using a rental assistance voucher.  11.RegulationsThe Secretary may issue any regulations necessary to carry out this Act.


114 HR 4219 IH: To authorize the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of Kazakhstan.
U.S. House of Representatives
2015-12-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 4219
		IN THE HOUSE OF REPRESENTATIVES

			December 10, 2015
			Mr. Boustany (for himself and Mr. Meeks) introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To authorize the extension of nondiscriminatory treatment (normal trade relations treatment) to the
			 products of Kazakhstan.

 1.FindingsCongress finds the following: (1)Kazakhstan allows its citizens the right and opportunity to emigrate, free of any heavy tax on emigration or on the visas or other documents required for emigration and free of any tax, levy, fine, fee, or other charge on any citizens as a consequence of the desire of those citizens to emigrate to the country of their choice.
 (2)Kazakhstan has been found to be in full compliance with the freedom of emigration requirements under title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) since 1994.
 (3)Kazakhstan has received normal trade relations treatment since concluding a bilateral trade agreement with the United States that entered into force in 1992.
 (4)On July 27, 2015, the Ministerial Conference of the World Trade Organization invited Kazakhstan to accede to the World Trade Organization.
			2.Termination of application of title IV of the Trade Act of 1974 to the products of Kazakhstan
 (a)Presidential Determinations and Extension of Nondiscriminatory TreatmentNotwithstanding any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President may—
 (1)determine that such title should no longer apply to Kazakhstan; and (2)after making a determination under paragraph (1) with respect to Kazakhstan, proclaim the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of Kazakhstan.
 (b)Termination of Applicability of Title IVOn and after the date on which the President extends nondiscriminatory treatment to the products of Kazakhstan pursuant to subsection (a), title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) shall cease to apply to Kazakhstan.


115 HR 714 IH: Legitimate Use of Medicinal Marihuana Act
U.S. House of Representatives
2017-01-27
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.

I115th CONGRESS1st SessionH. R. 714IN THE HOUSE OF REPRESENTATIVESJanuary 27, 2017Mr. Griffith introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo provide for the legitimate use of medicinal marihuana in accordance with the laws of the various
			 States.

 1.Short titleThis Act may be cited as the Legitimate Use of Medicinal Marihuana Act or the LUMMA. 2.Scheduling of marihuana; prescriptions (a)ScheduleMarihuana is moved from schedule I of the Controlled Substances Act to schedule II of such Act.
			(b)Prescription
 (1)In generalIn a State in which marihuana may be prescribed by a physician for medical use under applicable State law, no provision of the Controlled Substances Act (21 U.S.C. 801 et seq.) or of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) shall prohibit or otherwise restrict—
 (A)the prescription of marihuana by a physician for medical use; (B)an individual who is an authorized patient from obtaining, possessing, transporting within the individual’s State, or using marihuana for that individual’s medical use;
 (C)an individual authorized under State law to obtain, possess, transport within their State, or manufacture marihuana, from obtaining, possessing, transporting within that State, or manufacturing marihuana pursuant to that authorization; or
 (D)a pharmacy or other entity authorized under State law to distribute medical marihuana to an authorized patient, from obtaining or possessing marihuana for that purpose, or from distributing marihuana to an authorized patient for medical use.
 (2)ProductionNo provision of the Controlled Substances Act (21 U.S.C. 801 et seq.) or of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) shall prohibit or otherwise restrict an entity authorized by a State, in which marihuana may be prescribed by a physician for medical use, for the purpose of producing marihuana for prescription by a physician for medical use, from producing, processing, or distributing marihuana for such purpose.
 3.DefinitionsIn this Act— (1)the term authorized patient means an individual using marihuana in accordance with a prescription of marihuana by a physician for medical use;
 (2)the term physician means a practitioner of medicine, who— (A)graduated from a college of medicine or osteopathy; and
 (B)is licensed by the appropriate State board; (3)the term prescription means an instruction written by a medical physician in accordance with applicable State law that authorizes a patient to be issued with a medicine or treatment; and
 (4)the term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.
 4.Relation of Act to certain prohibitions relating to smokingThis Act does not affect any Federal, State, or local law regulating or prohibiting smoking in public.


		II
		112th CONGRESS
		1st Session
		S. 1275
		IN THE SENATE OF THE UNITED STATES

			June 23, 2011
			Mr. Durbin (for himself,
			 Mr. Kohl, and Mr. Bingaman) introduced the following bill; which
			 was read twice and referred to the Committee on Finance

		A BILL
		To require the Secretary of Health and Human Services to
		  remove social security account numbers from Medicare identification cards and
		  communications provided to Medicare beneficiaries in order to protect Medicare
		  beneficiaries from identity theft.

		1.Short titleThis Act may be cited as the
			 Social Security Number Protection Act
			 of 2011.
		2.Requiring the
			 Secretary of Health and Human Services to prohibit the display of social
			 security account numbers on Medicare identification cards and communications
			 provided to Medicare beneficiaries
			(a)In
			 generalNot later than 3 years after the date of the enactment of
			 this Act, the Secretary of Health and Human Services shall establish and begin
			 to implement procedures to eliminate the unnecessary collection, use, and
			 display of social security account numbers of Medicare beneficiaries.
			(b)Medicare cards
			 and communications provided to beneficiaries
				(1)Cards
					(A)New
			 cardsNot later than 3 years after the date of the enactment of
			 this Act, the Secretary of Health and Human Services shall ensure that each
			 newly issued Medicare identification card meets the requirements described in
			 subparagraph (C).
					(B)Replacement of
			 existing cardsNot later than 5 years after the date of the
			 enactment of this Act, the Secretary of Health and Human Services shall ensure
			 that all Medicare beneficiaries have been issued a Medicare identification card
			 that meets the requirements of subparagraph (C).
					(C)RequirementsThe
			 requirements described in this subparagraph are, with respect to a Medicare
			 identification card, that the card does not display or electronically store (in
			 an unencrypted format) a Medicare beneficiary’s social security account
			 number.
					(2)Communications
			 provided to beneficiariesNot later than 3 years after the date
			 of the enactment of this Act, the Secretary of Health and Human Services shall
			 prohibit the display of a Medicare beneficiary’s social security account number
			 on written or electronic communication provided to the beneficiary unless the
			 Secretary determines that inclusion of social security account numbers on such
			 communications is essential for the operation of the Medicare program.
				(c)Medicare
			 beneficiary definedIn this section, the term Medicare
			 beneficiary means an individual who is entitled to, or enrolled for,
			 benefits under part A of title XVIII of the Social Security Act or enrolled
			 under part B of such title.
			(d)Conforming
			 reference in the Social Security ActSection 205(c)(2)(C) of the
			 Social Security Act (42 U.S.C. 405(c)(2)(C)) is amended by adding at the end
			 the following new clause:

					(xii)For provisions relating to requiring the
				Secretary of Health and Human Services to prohibit the display of social
				security account numbers on Medicare identification cards and communications
				provided to Medicare beneficiaries, see section 2 of the
				Social Security Number Protection Act of
				2011.
					.
			(e)Authorization
			 of appropriationsThere are authorized to be appropriated such
			 sums as may be necessary to carry out this section.