		I
		112th CONGRESS
		2d Session
		H. R. 5023
		IN THE HOUSE OF REPRESENTATIVES

			April 27, 2012
			Mr. Burton of Indiana
			 (for himself and Mr. Young of Indiana)
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on Acetic Acid, 5
		  Chloro-8-quinolinoxy, 1 Methylhexylester.

		1.Acetic Acid, 5
			 Chloro-8-quinolinoxy, 1 Methylhexylester
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Acetic Acid, 5 Chloro-8-quinolinoxy, 1 Methylhexylester (CAS
						No. 99607–70–2) (provided for in subheading 2933.49.60) FreeNo
						changeNo changeOn or before 12/31/2015

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			 entered, or withdrawn from warehouse for consumption, on or after the 15th day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


114 HR 4389 IH: Ensuring the Taxpayer a Fair Return for Federal Onshore Oil and Gas Resources Act of 2015
U.S. House of Representatives
2016-01-13
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
		2d Session
		H. R. 4389
		IN THE HOUSE OF REPRESENTATIVES

			January 13, 2016
			Mr. Lowenthal (for himself and Mr. Grijalva) introduced the following bill; which was referred to the Committee on Natural Resources

		A BILL
		To amend the Mineral Leasing Act to ensure fair returns for Federal onshore oil and gas resources.

 1.Short TitleThis Act may be cited as the Ensuring the Taxpayer a Fair Return for Federal Onshore Oil and Gas Resources Act of 2015. 2.Adjustment of minimum bids and annual rentals for oil and gas and tar sands leases to reflect inflation (a)In generalSection 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended—
 (1)in subsection (b)(1)(B), by striking $2 per acre and inserting $4 per acre; (2)in subsection (b)(2)(C), by striking $2 per acre and inserting $5 per acre;
 (3)in subsection (d)— (A)by striking $1.50 per acre and inserting $3 per acre; and
 (B)by striking $2 per acre and inserting $4 per acre; and (4)by adding at the end the following:

						(q)Inflation adjustment
 (1)In generalThe Secretary shall— (A)by regulation, at least once every 4 years, adjust each of the dollar amounts that applies under subsections (b)(1)(B), (b)(2)(C), and (d) by the cost-of-living adjustment; and
 (B)publish each such regulation in the Federal Register. (2)DefinitionsIn this subsection:
 (A)Cost-of-living adjustmentThe term cost-of-living adjustment means the percentage (if any) for a dollar amount by which— (i)the Consumer Price Index for the month of June of the calendar year preceding the adjustment, exceeds
 (ii)the Consumer Price Index for the month of June of the calendar year in which the dollar amount was last set or adjusted pursuant to law.
 (B)Consumer Price IndexThe term Consumer Price Index means the Consumer Price Index for all urban consumers published by the Department of Labor.. (b)Conforming amendmentSection 17(b)(1)(B) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(B)) is amended beginning in the first sentence by striking for a period and all that follows through Thereafter, the and inserting . The.
			3.Amendment of Royalty Rates
 (a)Royalty RatesSection 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended— (1)by striking 12.5 each place such term appears and inserting 18.75; and
 (2)by striking 121/2 each place such term appears and inserting 18.75. (b)ApplicationThe amendments made by subsection (a) shall apply only to new leases issued on or after the date of enactment of this Act.
			4.On-shore Federal oil and gas royalty sharing
 (a)In generalSection 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended— (1)by striking Sec. 35. (a) and all that follows through 50 per centum thereof and inserting the following:

						35.On-shore oil and gas royalty sharing
							(a)Royalty sharing
 (1)In generalOf the amounts received by the United States from sales, bonuses, and royalties, including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982, and from rentals of the public lands in Alaska under the provisions of this Act and the Geothermal Steam Act of 1970—
 (A)33.33 percent shall be used as described in paragraph (2); and (B)the remainder shall be used as described in paragraph (3).
									(2)Distribution of 33.33 percent
 (A)In generalOf the amount referred to in paragraph (1)(A)— (i)30 percent, but not to exceed $50,000,000 per fiscal year, shall be transferred by the Secretary of the Treasury to the Bureau of Land Management for use for oil and gas inspection and enforcement;
 (ii)15 percent, but not to exceed $25,000,000 per fiscal year, shall be available to the Secretary of the Interior to remediate, reclaim, and properly plug and abandon orphan oil and gas wells on Federal lands;
 (iii)45 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the leased land is located or the deposits were derived, for use by such State in accordance with paragraph (3); and
 (iv)the remainder shall be deposited into the Treasury as miscellaneous receipts. (B)AdministrationAmounts to be paid or available under clauses (i), (ii), and (iii) of subparagraph (A) shall—
 (i)be available without further appropriation; and (ii)remain available until expended.
 (3)Distribution of remainderOf the amount referred to in paragraph (1)(B), and subject to subsection (b), 50 per centum thereof; and (2)in subsection (a), by striking All moneys received and inserting the following:

 (4)General provisionsAll moneys received. (b)Conforming amendmentSection 35(c)(1) of the Mineral Leasing Act (30 U.S.C. 191(c)(1)) is amended by striking the first sentence of .
 (c)Limitations on applicationThe amendments made by subsection (a)— (1)shall apply only to amounts received by the United States under new leases issued on or after the date of enactment of this Act; and
 (2)shall not affect the application of section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) to amounts received by the United States before the first fiscal year beginning after the date of the enactment of this Act.


		II

		109th CONGRESS

		2d Session

		S. 2585

		IN THE SENATE OF THE UNITED

		  STATES

			April 6, 2006

			Mr. Smith (for himself

			 and Mr. Kerry) introduced the following

			 bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To amend the Internal Revenue Code of 1986

		  to permit military death gratuities to be contributed to certain tax-favored

		  accounts.

		1.Short titleThis Act may be cited as the

			 Fallen Heroes Family Savings

			 Act.

		2.Contributions of

			 military death gratuities to certain tax-favored accounts

			(a)Roth

			 IRAsSubsection (e) of

			 section 408A of the Internal Revenue Code of 1986 (relating to qualified

			 rollover contribution) is amended to read as follows:

					(e)Qualified

				rollover contributionFor

				purposes of this section—

						(1)In

				generalThe term

				qualified rollover contribution means a rollover contribution to a

				Roth IRA from another such account, or from an individual retirement plan, but

				only if such rollover contribution meets the requirements of section 408(d)(3).

				Such term includes a rollover contribution described in section 402A(c)(3)(A).

				For purposes of section 408(d)(3)(B), there shall be disregarded any qualified

				rollover contribution from an individual retirement plan (other than a Roth

				IRA) to a Roth IRA.

						(2)Military death

				gratuity

							(A)In

				generalThe term

				qualified rollover contribution includes a contribution to a Roth

				IRA maintained for the benefit of an individual to the extent that such

				contribution does not exceed the amount received by such individual under

				section 1477 of title 10, United States Code, or under section 1967 of title 38

				of such Code, if such contribution is made not later than 1 year after the day

				on which such individual receives such amount.

							(B)Annual limit on

				number of rollovers not to applySection 408(d)(3)(B) shall not apply with

				respect to amounts treated as a rollover by the subparagraph (A).

							(C)Application of

				section 72For purposes of

				applying section 72 in the case of a distribution which is not a qualified

				distribution, the amount treated as a rollover by the subparagraph (A) shall be

				treated as investment in the

				contract.

							.

			(b)Health savings

			 accounts and Archer MSAsSections 220(f)(5) and 223(f)(5) of such

			 Code are both amended by adding at the end the following flush sentence:

			 For purposes of subparagraphs (A) and (B), rules similar to the rules of

			 section 408A(e)(2) (relating to rollover treatment for contributions of

			 military death gratuity) shall apply..

			(c)Education

			 savings accountsSection

			 530(d)(5) of such Code is amended by adding at the end the following new

			 sentence: For purposes of this paragraph, rules similar to the rules of

			 section 408A(e)(2) (relating to rollover treatment for contributions of

			 military death gratuity) shall apply..

			(d)Effective

			 dates

				(1)In

			 generalExcept as provided by

			 paragraph (2), the amendments made by this section shall apply with respect to

			 deaths from injuries occurring on or after the date of the enactment of this

			 Act.

				(2)Application of

			 amendments to deaths from injuries occurring on or after October 7, 2001, and

			 before enactmentThe

			 amendments made by this section shall apply to any contribution made pursuant

			 to section 408A(e)(2), 220(f)(5), 223(f)(5), or 530(d)(5) of the Internal

			 Revenue Code of 1986, as amended by this Act, with respect to amounts received

			 under section 1477 of title 10, United States Code, or under section 1967 of

			 title 38 of such Code, for deaths from injuries occurring on or after October

			 7, 2001, and before the date of the enactment of this Act if such contribution

			 is made not later than 1 year after the date of the enactment of this

			 Act.


116 HR 7793 IH: Financial Compensation for CFPB Whistleblowers Act
U.S. House of Representatives
2020-07-27
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.

I116th CONGRESS2d SessionH. R. 7793IN THE HOUSE OF REPRESENTATIVESJuly 27, 2020Mr. Green of Texas introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Consumer Financial Protection Act of 2010 to provide for whistleblower incentives and protection.1.Short titleThis Act may be cited as the Financial Compensation for CFPB Whistleblowers Act.2.Bureau whistleblower incentives and protection(a)In generalThe Consumer Financial Protection Act (12 U.S.C. 5481 et seq.) is amended by adding at the end of section 1017 the following:1017A.Whistleblower incentives and protection(a)DefinitionsIn this section:(1)Administrative proceeding or court actionThe term administrative proceeding or court action means any judicial or administrative action brought by the Bureau that results in monetary sanctions greater than or equal to $500,000.(2)FundThe term Fund means the Consumer Financial Civil Penalty Fund established under section 1017(d)(1).(3)Monetary sanctionsThe term monetary sanctions means, with respect to any administrative proceeding or court action, any monies, including penalties, disgorgement, restitution, damages, interest, ordered to be paid or other amounts of relief obtained under section 1055(a)(2).(4)Original informationThe term original information means information that—(A)is derived from the independent knowledge or analysis of a whistleblower;(B)is not known to the Bureau from any other source, unless the whistleblower is the original source of the information;(C)is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, or from the news media, unless the whistleblower is a source of the information; and(D)is not exclusively derived from an allegation made in an audit, examination or investigation.(5)Successful enforcementThe term successful enforcement includes, with respect to any administrative proceeding or court action brought by the Bureau, any settlement of such proceeding or action.(6)WhistleblowerThe term whistleblower means any individual, or 2 or more individuals acting jointly, who provides original information relating to a violation of Federal consumer financial law, consistent with any rule or regulation issued by the Bureau under this section.(b)Awards(1)In generalIn any administrative proceeding or court action the Bureau, subject to regulations prescribed by the Bureau and subject to subsection (c), shall pay an award or awards to 1 or more whistleblowers who voluntarily provided original information that led to the successful enforcement of the covered administrative proceeding or court action in an aggregate amount equal to—(A)not less than 10 percent, in total, of what has been collected of the monetary sanctions imposed in the action; and(B)not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed in the action.(2)Payment of awardsAny amount paid under paragraph (1) shall be paid from the Fund.(3)Award minimumIf the Bureau is unable to collect at least $1,000,000 of the monetary sanctions imposed in the action, the Bureau shall provide for an award to any single whistleblower equal to the greater of—(A)10 percent of the amount collected; or(B)$50,000.(c)Determination of amount of award; denial of award(1)Determination of amount of award(A)DiscretionThe determination of the percentage amount of an award made under subsection (b) shall be in the discretion of the Bureau.(B)CriteriaIn determining the percentage amount of an award made under subsection (b), the Bureau shall take into consideration—(i)the significance of the information provided by the whistleblower to the successful enforcement of the administrative proceeding or court action;(ii)the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in an administrative proceeding or court action;(iii)the programmatic interest of the Bureau in deterring violations of Federal consumer financial law (including applicable regulations) by making awards to whistleblowers who provide information that leads to the successful enforcement of such laws; and(iv)such additional relevant factors as the Bureau may establish by rule or regulation, including the amount available in the Fund for prioritizing restitution to affected consumers.(2)Denial of awardNo award under subsection (b) shall be made—(A)to any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to the Bureau, a member, officer, or employee of an entity described in subclauses (I) through (V) of subsection (h)(1)(C)(i);(B)to any whistleblower who is convicted of a criminal violation related to the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section;(C)to any whistleblower who is found to be liable for the conduct in the administrative proceeding or court action, or a related action, for which the whistleblower otherwise could receive an award under this section;(D)to any whistleblower who planned and initiated the conduct at issue in the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section;(E)to any whistleblower who submits information to the Bureau that is based on the facts underlying the administrative proceeding or court action previously submitted by another whistleblower; and(F)to any whistleblower who fails to submit information to the Bureau in such form as the Bureau may, by rule or regulation, require.(d)Representation(1)Permitted representationAny whistleblower who makes a claim for an award under subsection (b) may be represented by counsel.(2)Required representation(A)In generalAny whistleblower who anonymously makes a claim for an award under subsection (b) shall be represented by counsel if the whistleblower submits the information upon which the claim is based.(B)Disclosure of identityPrior to the payment of an award, a whistleblower shall disclose the identity of the whistleblower and provide such other information as the Bureau may require, directly or through counsel of the whistleblower.(e)No contract necessaryNo contract or other agreement with the Bureau is necessary for any whistleblower to receive an award under subsection (b), unless otherwise required by the Bureau by rule or regulation.(f)AppealsAny determination made under this section, including whether, to whom, or in what amount to make awards, shall be in the discretion of the Bureau. Any such determination, except the determination of the amount of an award if the award was made in accordance with subsection (b), may be appealed to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the Bureau. The court shall review the determination made by the Bureau in accordance with section 706 of title 5.(g)Reports to CongressNot later than October 30 of each year, the Bureau shall transmit to the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs a report on the Bureau’s whistleblower award program under this section, including a description of the number of awards granted and the types of cases in which awards were granted during the preceding fiscal year.(h)Protection of whistleblowers(1)Confidentiality(A)In generalExcept as provided in subparagraphs (B) and (C), the Bureau and any officer or employee of the Bureau, shall not disclose any information, including information provided by a whistleblower to the Bureau, which could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 552a of title 5, United States Code, unless and until required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the Bureau or any entity described in subparagraph (C). For purposes of section 552 of title 5, United States Code, this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section 552.(B)EffectNothing in this paragraph is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation.(C)Availability to government agencies(i)In generalWithout the loss of its status as confidential in the hands of the Bureau, all information referred to in subparagraph (A) may, in the discretion of the Bureau, when determined by the Bureau to be necessary or appropriate, be made available to—(I)the Department of Justice;(II)an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction;(III)a State attorney general in connection with any criminal investigation;(IV)an appropriate department or agency of any State, acting within the scope of its jurisdiction; and(V)a foreign regulatory authority.(ii)Maintenance of informationEach of the entities, agencies, or persons described in clause (i) shall maintain information described in that clause as confidential, in accordance with the requirements in subparagraph (A).(2)Rights retainedNothing in this section shall be deemed to diminish the rights, privileges, or remedies of any whistleblower under section 1057, any other Federal or State law, or under any collective bargaining agreement.(i)Rulemaking authorityThe Bureau shall have the authority to issue such rules and regulations as may be necessary or appropriate to implement the provisions of this section consistent with the purposes of this section.(j)Original informationInformation submitted to the Bureau by a whistleblower in accordance with rules or regulations implementing this section shall not lose its status as original information solely because the whistleblower submitted such information prior to the effective date of such rules or regulations, provided such information was submitted after the date of enactment of this section.(k)Provision of false informationA whistleblower who knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18, United States Code.(l)Unenforceability of certain agreements(1)No waiver of rights and remediesExcept as provided under paragraph (3), and notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement.(2)No predispute arbitration agreementsExcept as provided under paragraph (3), and notwithstanding any other provision of law, no predispute arbitration agreement shall be valid or enforceable to the extent that it requires arbitration of a dispute arising under this section.(3)ExceptionNotwithstanding paragraphs (1) and (2), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under subsection (a)(4), unless the Bureau determines, by rule, that such provision is inconsistent with the purposes of this title..(b)Consumer Financial Civil Penalty FundSection 1017(d)(2) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5497(d)(2)) is amended, in the first sentence, by inserting and for awards authorized under section 1017A before the period at the end.


106 HR 5290 IH: To extend authorization for livestock mandatory reporting.
U.S. House of Representatives
2021-09-17
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.

I117th CONGRESS1st SessionH. R. 5290IN THE HOUSE OF REPRESENTATIVESSeptember 17, 2021Mr. David Scott of Georgia introduced the following bill; which was referred to the Committee on AgricultureA BILLTo extend authorization for livestock mandatory reporting.1.Livestock mandatory reporting extension(a)In generalSection 260 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636i) is amended by striking 2020 and inserting 2022.(b)Conforming amendmentSection 942 of the Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public Law 106–78) is amended by striking 2020 and inserting 2022.


116 HR 7121 IH: To authorize appropriations for the Community Development Financial Institutions Fund providing financial assistance and technical assistance for the benefit of certain minority communities, and for other purposes.
U.S. House of Representatives
2020-06-08
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. 7121IN THE HOUSE OF REPRESENTATIVESJune 8, 2020Ms. Adams introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo authorize appropriations for the Community Development Financial Institutions Fund providing financial assistance and technical assistance for the benefit of certain minority communities, and for other purposes.1.Community Development Financial Institutions Fund(a)In GeneralThere is authorized to be appropriated to the Community Development Financial Institutions Fund, out of amounts in the general fund not otherwise appropriated, $5,000,000,000 for fiscal year 2020, for providing financial assistance and technical assistance under subparagraphs (A) and (B) of section 108(a)(1) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4707(a)(1)), except that subsections (d) and (e) of such section 108 shall not apply to the provision of such assistance, for the Bank Enterprise Award program, and for financial assistance, technical assistance, training, and outreach programs designed to benefit Native American, Native Hawaiian, and Alaska Native communities and provided primarily through qualified community development lender organizations with experience and expertise in community development banking and lending in Indian country, Native American organizations, Tribes and Tribal organizations, and other suitable providers. Of the amount appropriated pursuant to this heading, not less than $2,000,000,000 shall be for providing financial assistance, technical assistance, awards, training, and outreach programs described above to recipients that are minority lending institutions.(b)DefinitionsFor purposes of this section:(1)Minority lending institutionThe term minority lending institution means any depository institution, loan fund, or other financial institution that—(A)if a privately owned institution, 51 percent is owned by one or more socially and economically disadvantaged individuals;(B)if publicly owned, 51 percent of the stock is owned by one or more socially and economically disadvantaged individuals; and(C)in the case of a mutual institution, where the majority of the Board of Directors, account holders, and the community which it services is predominantly minority.(2)MinorityThe term minority means any black American, Native American, Hispanic American, or Asian American.


116 HR 6027 IH: Restore Veterans’ Compensation Act of 2020
U.S. House of Representatives
2020-02-28
text/xml
EN
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I116th CONGRESS2d SessionH. R. 6027IN THE HOUSE OF REPRESENTATIVESFebruary 28, 2020Mr. Gallego (for himself, Mr. DeSaulnier, Mr. Thompson of California, and Ms. Jackson Lee) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, 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 concernedA BILLTo amend title 10, United States Code, to eliminate the recoupment of separation pay, special separation benefits, and voluntary separation incentive payments from members of the Armed Forces who subsequently receive disability compensation under laws administered by the Department of Veterans Affairs and to impose limitations on the authority of the Secretary of Defense to recoup such pay from members who subsequently receive military retired or retainer pay.1.Short titleThis Act may be cited as the Restore Veterans’ Compensation Act of 2020.2.Recoupment of separation pay, special separation benefits, voluntary separation incentive, and voluntary separation pay and benefits from members of the Armed Forces(a)Separation pay upon involuntary discharge or release from active duty and special separation benefits(1)Elimination of recoupment from members receiving veterans disability compensationParagraph (2) of section 1174(h) of title 10, United States Code, is amended to read as follows:(2)(A)A member who has received separation pay under this section, or severance pay or readjustment pay under any other provision of law, based on service in the armed forces shall not be deprived, by reason of the receipt of such separation pay, severance pay, or readjustment pay, of any disability compensation to which the member is entitled under the laws administered by the Department of Veterans Affairs.(B)The amount of disability compensation to which a member may be entitled under the laws administered by the Department of Veterans Affairs may not be reduced on account of the receipt of separation pay, severance pay, or readjustment pay..(2)Recoupment from members receiving retired or retainer pay limited to net amount of separation paySection 1174(h)(1) of title 10, United States Code, is amended by inserting before the period at the end the following: , less the amount of Federal income tax withheld from the separation pay, severance pay, or readjustment pay (such withholding being at the flat withholding rate for Federal income tax withholding, as in effect pursuant to regulations prescribed under chapter 24 of the Internal Revenue Code of 1986).(3)Percentage limitations on recoupment from members receiving retired or retainer pay and recoupment processSection 1174(h)(1) of title 10, United States Code, as amended by paragraph (2), is further amended—(A)by inserting (A) after (1);(B)by striking shall specify, taking into account the financial ability of the member to pay and avoiding the imposition of undue financial hardship on the member and member's dependents, and inserting (subject to subparagraph (B)) shall specify; and(C)by adding at the end the following new subparagraphs:(B)The amount deducted under subparagraph (A) from a payment of retired or retainer pay may not exceed 25 percent of the amount of the member’s retired or retainer pay for that month unless the member requests deductions at an accelerated rate. The Secretary of Defense shall consult with the member regarding the repayment rate to be imposed, taking into account the financial ability of the member to pay and avoiding the imposition of an undue hardship on the member and the member’s dependents.(C)The deduction of amounts from the retired or retainer pay of a member under this paragraph may not commence until the date that is 90 days after the date on which the Secretary of Defense notifies the member of the deduction of such amounts under this paragraph. Any notice under this subparagraph shall be designed to provide clear and comprehensive information on the deduction of amounts under this paragraph, including information on the determination of the amount and period of installments under this paragraph.(D)The Secretary of Defense may waive the deduction of amounts from the retired or retainer pay of a member under this paragraph if the Secretary determines that deduction of such amounts would result in a financial hardship for the member..(b)Conforming amendments(1)Voluntary separation incentiveSection 1175(e) of title 10, United States Code, is amended—(A)in paragraph (3)(A)—(i)by striking the first sentence and inserting the following new sentence: Subsection (h) of section 1174 of this title shall apply to any member who has received the voluntary separation incentive and who later qualifies for retired or retainer pay under this title or for disability compensation under the laws administered by the Department of Veterans Affairs.; and(ii)in the second sentence, by striking the deduction required under the preceding sentence and inserting the deduction from the member’s retired or retainer pay; and(B)by striking paragraph (4) and redesignating paragraph (5) as paragraph (4).(2)Voluntary separation pay and benefitsSubsection (h) of section 1175a of title 10, United States Code, is amended to read as follows:(h)Coordination With Retired or Retainer Pay and Disability Compensation(1)Subsection (h) of section 1174 of this title shall apply to any member who receives voluntary separation pay under this section and who later qualifies for retired or retainer pay under this title or title 14 or for disability compensation under the laws administered by the Department of Veterans Affairs.(2)No deduction shall be made from the disability compensation paid to an eligible disabled uniformed services retiree under section 1413, or to an eligible combat-related disabled uniformed services retiree under section 1413a of this title, who is paid voluntary separation pay under this section.(3)The requirement under this subsection to repay voluntary separation pay following retirement from the armed forces does not apply to a member who was eligible to retire at the time the member applied and was accepted for voluntary separation pay and benefits under this section..(c)Effective date and application of amendmentsThe amendments made by this section shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act. In the case of deductions to be made from the retired or retainer pay of members of the uniformed services, the amendments shall apply to that month and subsequent months.


113 HRES 357 IH: Supporting the goals and ideals of National Historically Black Colleges and Universities Week.
U.S. House of Representatives
2013-09-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV113th CONGRESS1st SessionH. RES. 357IN THE HOUSE OF REPRESENTATIVESSeptember 25, 2013Ms. Eddie Bernice Johnson of Texas (for herself, Mr. Duncan of Tennessee, Ms. Fudge, Mr. Danny K. Davis of Illinois, Mr. Hastings of Florida, Ms. Clarke, Ms. Wilson of Florida, Ms. Lee of California, Mr. Rangel, Ms. Waters, and Mr. Scott of Virginia) submitted the following resolution; which was referred to the Committee on Oversight and Government ReformRESOLUTIONSupporting the goals and ideals of National Historically Black Colleges and Universities Week.Whereas, before the Civil War, an education, much less a college education, was out of reach for most African-Americans as there were few institutions of higher education focused on meeting the intellectual curiosity and spurring the academic growth of African-American students;Whereas, as the United States began to heal from the wounds of the Civil War and the 13th, 14th, and 15th Amendments to the United States Constitution were ratified, a newly freed people demanded a freed mind, and courageous leaders began expanding institutions of higher education that are now known as the Historically Black Colleges and Universities;Whereas, for more than a century and a half, Historically Black Colleges and Universities have helped build a middle class and produced many preeminent thinkers and entrepreneurs, doctors and scientists, judges and lawyers, athletes, members of the Armed Forces, and educators;Whereas students at Historically Black Colleges and Universities banded together as part of the Civil Rights movement that pushed Americans closer to true freedom and equality for all;Whereas, at Historically Black Colleges and Universities, generations of students not only gained the education and skills necessary for the workforce, but also cultivated an understanding of history and knowledge of self that are necessary in life;Whereas, as the United States works toward a goal of having the highest proportion of college graduates in the world by 2020, Historically Black Colleges and Universities continue to provide pathways of opportunity for students;Whereas ensuring that Historically Black Colleges and Universities have the resources they need to help students reach their fullest potential remains a top priority, including through the provision of funds for infrastructure and technology improvements and through increased availability of Pell Grants; andWhereas the President has issued a proclamation recognizing September 22 through September 28, 2013, as National Historically Black Colleges and Universities Week to pay tribute to the legacies of these proud institutions of higher education: Now, therefore, be itThat the House of Representatives—(1)supports the goals and ideals of National Historically Black Colleges and Universities Week; and(2)calls upon educators, public officials, professional organizations, corporations, and all Americans to observe such week with appropriate programs, ceremonies, and activities to acknowledge the contributions that Historically Black Colleges and Universities and their students and alumni have made to the United States.


116 HR 77 IH: Injunctive Authority Clarification 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.

I116th CONGRESS1st SessionH. R. 77IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2019Mr. Biggs introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 28, United States Code, to prohibit the issuance of national injunctions, and for other purposes.
1.Short titleThis Act may be cited as the Injunctive Authority Clarification Act of 2019. 2.Orders purporting to restrain enforcement against non-parties (a)In generalChapter 155 of title 28, United States Code, is amended by adding at the end the following:

2285.Orders purporting to restrain enforcement against non-partiesNo court of the United States (and no district court of the Virgin Islands, Guam, or the Northern Mariana Islands) shall issue an order that purports to restrain the enforcement against a non-party of any statute, regulation, order, or similar authority, unless the non-party is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.. (b)Clerical amendmentThe table of sections for chapter 155 of title 28, United States Code is amended by inserting after the item relating to section 2285 the following:

2285. Orders purporting to restrain enforcement against non-parties..


116 HR 6405 IH: Chinese Government COVID-19 Accountability Act
U.S. House of Representatives
2020-03-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 6405IN THE HOUSE OF REPRESENTATIVESMarch 26, 2020Mr. Steube introduced the following bill; which was referred to the Committee on Foreign AffairsA BILLTo direct the President, in consultation with the Secretary of the Treasury, to develop and carry out a strategy to seek reimbursement from the People’s Republic of China of funds made available by the United States Government to address the Coronavirus Disease 2019 (COVID-19).1.Short titleThis Act may be cited as the Chinese Government COVID-19 Accountability Act.2.FindingsCongress finds the following:(1)The United States economy has been severely affected by the Government of the People’s Republic of China’s controls on media reporting that limit coverage of the Coronavirus Disease 2019 (COVID-19).(2)United States Government senior officials have expressed concerns about the completeness and timeliness of information China is reporting on COVID-19 and about the overall economic impact of COVID-19 in the United States.(3)China should be held financially responsible for funds made available by the United States Government to address COVID-19.3.Executive strategy to seek reimbursement from China of funds made available by the United States Government to address COVID-19(a)Executive strategyThe President, in consultation with the Secretary of the Treasury, shall develop and carry out a strategy to seek reimbursement from the People’s Republic of China of funds made available by the United States Government to address COVID-19.(b)ReportNot later than 1 year after the date of enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the strategy required under subsection (a) and its implementation. (c)Appropriate congressional committees definedIn this section, the term appropriate congressional committees means—(1)the Committee on Appropriations, the Committee on the Budget, and the Committee on Ways and Means of the House of Representatives;(2)the Committee on Appropriations, the Committee on the Budget, and the Committee on Finance of the Senate; and(3)the Joint Economic Committee.


116 HR 7530 IH: Protecting Students from Cybercrimes Act
U.S. House of Representatives
2020-07-09
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. 7530IN THE HOUSE OF REPRESENTATIVESJuly 9, 2020Mr. Harder of California introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo direct the Attorney General to make grants to assist local educational agencies in developing and implementing plans to address cybersecurity threats or vulnerabilities, and for other purposes.1.Short titleThis Act may be cited as the Protecting Students from Cybercrimes Act.2.FindingsCongress finds the following:(1)Educational institutions across the country are becoming increasingly vulnerable to cyber attacks with the switch to online instruction during the COVID–19 pandemic.(2)Cyber attacks put sensitive and confidential information at risk of disclosure.(3)Increased cyber attacks place sensitive student information, such as student academic achievement records, grades, medical records, and other personal identifiable information at risk.(4)School districts are not sufficiently equipped to prevent damaging cyber attacks. Increased funding and guidance from the Federal Government are needed to adequately prepare for and defend against potential cyber attacks.(5)Increased Federal funding and guidance will give school districts the ability to reduce their risk and exposure to cyber attacks.(6)Increased Federal funding to school districts will enable school district residents to pursue formal education, training, and industry recognized certifications for careers in cybersecurity, which will aid in the prevention and mitigation of the effects of future attacks.(7)Increased Federal funding and guidance will allow school districts, campuses, and institutions of higher education to share information and analysis to prevent future cyber attacks.3.School cybercrime protection grant program(a)EstablishmentThe Attorney General, acting through the Director of the Federal Bureau of Investigation (referred to in this section as the FBI Director), is authorized to make grants to any local educational agency (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or group of local educational agencies to assist in preventing, preparing for, protecting against, and responding to cybercrimes.(b)Use of grant funds(1)LimitationsAny grant awarded under this section shall supplement and not supplant local educational agency or local funds, as applicable, and may not be used—(A)to provide any Federal cost-sharing contribution on behalf of a local educational agency; or(B)for any recreational or social purpose.(2)Approved activities for grantsA local educational agency that receives funds through this grant program shall use such funds for one or more of the following activities:(A)Supporting or enhancing information sharing and analysis organizations.(B)Implementing or coordinating systems and services that use cyber threat indicators (as such term is defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501)) to address cybersecurity threats or vulnerabilities.(C)Preventing, preparing for, protecting against, and responding to cybercrimes, including coordinating with—(i)emergency management elements of the State in which the local educational agency is located, municipality, and local educational agency;(ii)Federal Bureau of Investigation or Department of Homeland Security units, as appropriate;(iii)entities associated with critical infrastructure or key resources;(iv)information sharing and analysis organizations;(v)public safety answering points; or(vi)nongovernmental organizations engaged in cybersecurity research as an information analysis and sharing organization designated by the Federal Bureau of Investigation or the Department of Homeland Security.(D)Establishing programs, such as scholarships or apprenticeships, to provide financial assistance to students served by the local educational agency who—(i)pursue formal education, training, and industry-recognized certifications for careers in cybersecurity as identified by the National Initiative for Cybersecurity Education; and(ii)commit to working for a local educational agency for not less than 2 years.(c)Authorization of appropriationsTo carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2021 through 2025.


110 HR 3241 RH: To clarify the amount of loans to be guaranteed under title XVII of the Energy Policy Act of 2005, and for other purposes.
U.S. House of Representatives
2007-08-03
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.

IB
Union Calendar No. 196
110th CONGRESS 1st Session
H. R. 3241
[Report No. 110–309, Part I]
IN THE HOUSE OF REPRESENTATIVES

July 31, 2007
Mr. Boucher (for himself and Mr. Dingell) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Science and Technology, 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

August 3, 2007
Reported from the Committee on Energy and Commerce

August 3, 2007
Committee on Science and Technology discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL
To clarify the amount of loans to be guaranteed under title XVII of the Energy Policy Act of 2005, and for other purposes.

1.Amount of loans guaranteedSection 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended—
(1)by amending subsection (c) to read as follows:

(c)Amount
(1)Percentage of project costA guarantee by the Secretary shall not exceed an amount equal to 80 percent of the project cost of the facility that is the subject of the guarantee, as estimated at the time at which the guarantee is issued, and shall be no less than the minimum amount determined by the Secretary to be likely to attract nonguaranteed investment adequate to capitalize the project.
(2)Percentage of loanSubject to paragraph (1), the Secretary may guarantee up to 100 percent of any loan or other debt obligation of the borrower to fund an eligible project, and may not issue a rule or regulation establishing a lower percentage limit. ; and
(2)by adding at the end the following new subsection:

(k)WagesNo loan guarantee shall be made under this title unless the borrower has provided to the Secretary reasonable assurances that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with the loan will be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act). .
2.Exclusion of categoriesSection 1704 of the Energy Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end the following new subsection:

(c)Exclusion of categoriesNo appropriation authorized pursuant to this section may exclude any category of eligible project described in section 1703. .

August 3, 2007
Committee on Science and Technology discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed


114 HR 3252 IH: Extracurricular Programs for Indian Children Act of 2015
U.S. House of Representatives
2015-07-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 3252
		IN THE HOUSE OF REPRESENTATIVES

			July 28, 2015
			Mrs. Kirkpatrick introduced the following bill; which was referred to the Committee on Education and the Workforce

		A BILL
		To provide grants to eligible entities to develop and maintain or improve and expand before school,
			 afterschool, and summer school programs for Indian and Alaska Native
			 students, and for other purposes.

 1.Short titleThis Act may be cited as the Extracurricular Programs for Indian Children Act of 2015. 2.FindingsCongress finds that:
 (1)The United States has a distinct legal, treaty, and trust obligation to provide for the education, healthcare, safety, social welfare, and other needs of Native children.
 (2)Native children are the most at-risk population in the United States, confronting serious disparities in education, health, and safety, with 37 percent of Native children living in poverty.
 (3)Teens who do not participate in those programs are nearly 3 times more likely to use marijuana or other drugs, and more likely to drink alcohol. 22.9 percent of Native children aged 12 and older report alcohol use, 16 percent report substance dependence or abuse, 35.8 percent report tobacco use, and 12.5 percent report illicit drug use.
 (4)Protective factors against youth suicide include opportunities to participate in and contribute to school and/or community projects/activities. Suicide is the second leading cause of death of Native youth aged 15 through 24 at a rate of 2.5 percent—this is twice the national rate of non-Native youth of the same age.
 (5)Nationally, American Indian and Alaska Native students have the lowest college enrollment rates. At-risk youth who have a mentor are more likely to pursue higher education after high school in a four-year, two-year, or vocational program than their at-risk peers who do not have a mentor (45 percent compared to 29 percent).
 (6)Students who are engaged in extracurricular (afterschool and summer learning) activities have better attendance records, higher levels of academic achievement, and more interest in pursuing higher education after graduation.
			3.Purpose
 (a)In generalThe purpose of this Act is to establish a grant program for Indian tribes and eligible tribal entities for extracurricular programs—
 (1)to support and encourage the educational and cultural growth of Indian and Alaska Native students; (2)to provide access to mentors and resources that promote emotional and mental resilience in Native youth;
 (3)to ensure Native children receive consistent access to nutritional meals; and (4)to increase the availability of safe and usable educational infrastructures in Native communities and on tribal land.
 (b)Purpose of grantsThe funds awarded under the grant program established under section 366 of the Consolidated Farm and Rural Development Act (as added by section 4(a)) shall be used for—
 (1)culturally appropriate before school, afterschool, and summer school programs that include activities designed to reinforce and complement the academic program of participating students, such as—
 (A)development and extracurricular activities; and (B)programs relating to—
 (i)substance abuse and violence prevention; (ii)counseling;
 (iii)physical fitness and wellness; (iv)Native culture and language;
 (v)agriculture and nutrition; (vi)technology education; and
 (vii)character education; (2)funds to build or upgrade facilities for before school, afterschool, and summer school programs; and
 (3)access to federally funded meal programs. 4.Before school, afterschool, and summer school grant program for Indian and Alaska Native students (a)Grant programThe Consolidated Farm and Rural Development Act is amended by inserting after section 365 (7 U.S.C. 2008) the following:

					366.Before school, afterschool, and summer school grant program for Indian and Alaska Native students
 (a)DefinitionsIn this section: (1)Eligible entity (A)In generalThe term eligible entity means an entity described in subparagraph (B) that has a plan to develop and maintain or improve and expand before school, afterschool, and summer school programs.
 (B)List of entitiesAn entity described in this subparagraph is one of the following: (i)An Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).
 (ii)A local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) with a student population that consists of more than 10 percent Indian or Alaska Native students.
 (iii)A private accredited elementary or secondary school (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) in the boundaries of an Indian reservation.
 (iv)A Regional Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)).
 (v)A school operated by the Bureau of Indian Affairs. (vi)A Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))).
 (vii)A tribal education agency. (viii)A tribal nonprofit organization.
 (ix)A tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)).
 (x)A consortium of any of the entities in clauses (i) through (ix). (2)SecretaryThe term Secretary means the Secretary of Agriculture.
							(b)Grant program
 (1)In generalThe Secretary shall establish a grant program under which the Secretary shall provide grants to eligible entities to develop and maintain or improve and expand before school, afterschool, and summer school programs for Indian and Alaska Native students.
 (2)Grant periodA grant made under this section shall be for a period of not less than 3 and not more than 5 years. (3)Minimum grant amountThe minimum amount of a grant under this section shall be $50,000 per eligible entity per fiscal year.
							(c)Application
 (1)In generalTo be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
 (2)ContentsAt a minimum, an application for a grant under this section shall describe— (A)the before school, afterschool, or summer school activities to be funded with the grant;
 (B)community needs, available resources, and the activities of the proposed program that address the needs of the community;
 (C)the number and age ranges of children to be served by the proposed program; (D)an assurance that participation in the program will be free of cost; and
 (E)the demonstrated experience or potential for success of the eligible entity in providing educational, cultural, and related activities that complement and enhance academic performance, achievement, and development of Indian or Alaska Native students.
								(d)Authorized activities
 (1)In generalAn eligible entity may only use a grant awarded under this section to carry out an activity described in this subsection.
 (2)Before school, afterschool, and summer school programsAn eligible entity may use a grant awarded under this section to carry out before school, afterschool, and summer school activities that advance or improve student academic achievement and well-being, including—
 (A)remedial education activities and academic enrichment programs, including programs that provide academic assistance to students to enhance academic achievement;
 (B)mathematics and science education activities; (C)arts and music education activities;
 (D)entrepreneurial education programs; (E)tutoring services (including services provided by senior citizen volunteers) and mentoring programs;
 (F)Native language programs; (G)Native cultural programs;
 (H)physical fitness and wellness activities; (I)telecommunications and technology education programs;
 (J)programs that promote parental involvement and family literacy; (K)programs that provide assistance to students who have been truant, suspended, or expelled from school so as to allow those students to improve academic achievement;
 (L)substance abuse and violence prevention programs, counseling programs, and character education programs;
 (M)child and adolescent health and mental health services; (N)leadership and youth development activities;
 (O)job skills development programs; (P)agriculture and nutrition services; and
 (Q)transportation services. (3)Facilities (A)In generalAn eligible entity may use a grant awarded under this section—
 (i)to build facilities for youth centers; or (ii)to upgrade existing facilities.
 (B)Other usesA facility built or upgraded with funds awarded under this section may be used for educational and community purposes not described in paragraph (2) at times when the facility is not being used for activities described in that paragraph.
 (4)Limitation on useAn eligible entity may use not more than 5 percent of grant funds for grant administration costs. (e)Funding (1)Authorization of Appropriations (A)ProgrammingThere is authorized to be appropriated to the Secretary to provide grants for authorized activities described in subsection (d)(2)—
 (i)for fiscal year 2016, $2,000,000; (ii)for fiscal year 2017, $4,000,000;
 (iii)for fiscal year 2018, $6,000,000; (iv)for fiscal year 2019, $8,000,000; and
 (v)for fiscal year 2020, $10,000,000. (B)Facility construction and rehabilitationThere is authorized to be appropriated to the Secretary to provide grants for authorized activities described in subsection (d)(3) $6,000,000 for each of fiscal years 2016 through 2020.
 (2)Unused fundsAny funds made available under paragraph (1) for a fiscal year that are not used for that fiscal year shall be available to the Secretary to make grants in accordance with this section for the subsequent fiscal year.
							(f)Reporting and Evaluation
 (1)Reports to the SecretaryEach grantee shall annually submit to the Secretary a report in such form and manner as the Secretary may require.
							(2)Annual Grant Program Evaluation
 (A)In generalThe Secretary shall annually— (i)compile and analyze the reports submitted under paragraph (1); and
 (ii)conduct an evaluation of the educational outcomes and social impacts of the grant program described in this section.
 (B)DisseminationNot later than 180 days after the date the Secretary receives the last report for a year described in paragraph (1), the Secretary shall disseminate the annual evaluation described in subparagraph (A) to—
 (i)the Subcommittee on Indian, Insular and Alaska Native Affairs of the House of Representatives; (ii)the Committee on Education and the Workforce of the House of Representatives;
 (iii)the Committee on Indian Affairs of the Senate; and (iv)the Committee on Health, Education, Labor, and Pensions of the Senate..
			(b)Eligibility for federally funded meal programs
 (1)School lunch programSection 12(d)(4)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(d)(4)(B)) is amended— (A)by striking includes, in the case and inserting the following:

 includes— (i)in the case;
 (B)by striking the period at the end and inserting ; and; and (C)by adding at the end the following:

 (ii)notwithstanding section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), an eligible entity (as defined in section 366 of the Consolidated Farm and Rural Development Act)..
 (2)Summer food service program for childrenSection 13(a)(1)(D) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(1)(D)) is amended— (A)by striking or residential and inserting residential; and
 (B)by inserting or an eligible entity (as defined in section 366 of the Consolidated Farm and Rural Development Act), after camp,.
 (3)Child and Adult Care Food ProgramSection 17(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(a)(2)) is amended— (A)in subparagraph (E), by striking and at the end;
 (B)in subparagraph (F), by striking the period at the end and inserting ; and; and (C)by adding at the end the following:

 (G)an eligible entity (as defined in section 366 of the Consolidated Farm and Rural Development Act)..  (4)School Breakfast ProgramSection 15(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1784(3)) is amended—
 (A)in subparagraph (A), by striking , and and inserting a semicolon; and (B)in subparagraph (B), by striking Labor). and inserting the following:
 Labor); and(C)an eligible entity (as defined in section 366 of the Consolidated Farm and Rural Development Act)..


113 HR 4077 IH: Quality Health Care Coalition Act of 2014
U.S. House of Representatives
2014-02-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4077
		IN THE HOUSE OF REPRESENTATIVES

			February 25, 2014
			Mr. Conyers (for himself and Mr. Benishek) introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To ensure and foster continued patient safety and quality of care by clarifying the application of
			 the antitrust laws to negotiations between groups of health care
			 professionals and health plans and health care insurance issuers.

		1.Short titleThis Act may be cited as the Quality Health Care Coalition Act of 2014.
		2.Application of the Federal antitrust laws to health care professionals negotiating with health
			 plans
			(a)In generalAny health care professionals who are engaged in negotiations with a health plan regarding the
			 terms of any contract under which the professionals provide health care
			 items or services for which benefits are provided under such plan shall,
			 in connection with such negotiations, be exempt from the Federal antitrust
			 laws.
			(b)Limitation
				(1)No new right for collective cessation of serviceThe exemption provided in subsection (a) shall not confer any new right to participate in any
			 collective cessation of service to patients not already permitted by
			 existing law.
				(2)No change in National Labor Relations ActThis section applies only to health care professionals excluded from the National Labor Relations
			 Act. Nothing in this section shall be construed as changing or amending
			 any provision of the National Labor Relations Act, or as affecting the
			 status of any group of persons under that Act.
				(c)No application to Federal programsNothing in this section shall apply to negotiations between health care professionals and health
			 plans pertaining to benefits provided under any of the following:
				(1)The Medicare Program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
				(2)The Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
				(3)The SCHIP program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.).
				(4)Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the
			 uniformed services).
				(5)Chapter 17 of title 38, United States Code (relating to Veterans’ medical care).
				(6)Chapter 89 of title 5, United States Code (relating to the Federal employees’ health benefits
			 program).
				(7)The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.).
				3.DefinitionsIn this Act, the following definitions shall apply:
			(1)Antitrust lawsThe term antitrust laws—
				(A)has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section applies to unfair methods of competition; and
				(B)includes any State law similar to the laws referred to in subparagraph (A).
				(2)Group health planThe term group health plan means an employee welfare benefit plan to the extent that the plan provides medical care
			 (including items and services paid for as medical care) to employees or
			 their dependents (as defined under the terms of the plan) directly or
			 through insurance, reimbursement, or otherwise.
			(3)Group health plan, health insurance issuerThe terms group health plan and health insurance issuer include a third-party administrator or other person acting for or on behalf of such plan or
			 issuer.
			(4)Health care servicesThe term health care services means any services for which payment may be made under a health plan, including services related
			 to the delivery or administration of such services.
			(5)Health care professionalThe term health care professional means any individual or entity that provides health care items or services, treatment, assistance
			 with activities of daily living, or medications to patients and who, to
			 the extent required by State or Federal law, possesses specialized
			 training that confers expertise in the provision of such items or
			 services, treatment, assistance, or medications.
			(6)Health insurance coverageThe term health insurance coverage means benefits consisting of medical care (provided directly, through insurance or reimbursement,
			 or otherwise and including items and services paid for as medical care)
			 under any hospital or medical service policy or certificate, hospital or
			 medical service plan contract, or health maintenance organization contract
			 offered by a health insurance issuer.
			(7)Health insurance issuerThe term health insurance issuer means an insurance company, insurance service, or insurance organization (including a health
			 maintenance organization) that is licensed to engage in the business of
			 insurance in a State and that is subject to State law regulating
			 insurance. Such term does not include a group health plan.
			(8)Health maintenance organizationThe term health maintenance organization means—
				(A)a federally qualified health maintenance organization (as defined in section 1301(a) of the Public Health Service Act (42 U.S.C. 300e(a)));
				(B)an organization recognized under State law as a health maintenance organization; or
				(C)a similar organization regulated under State law for solvency in the same manner and to the same
			 extent as such a health maintenance organization.
				(9)Health planThe term health plan means a group health plan or a health insurance issuer that is offering health insurance coverage.
			(10)Medical careThe term medical care means amounts paid for—
				(A)the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the
			 purpose of affecting any structure or function of the body; and
				(B)transportation primarily for and essential to receiving items and services referred to in
			 subparagraph (A).
				(11)PersonThe term person includes a State or unit of local government.
			(12)StateThe term State includes the several States, the District of Columbia, Puerto Rico, the Virgin Islands of the
			 United States, Guam, American Samoa, and the Commonwealth of the Northern
			 Mariana Islands.
			4.Effective dateThis Act shall take effect on the date of the enactment of this Act and shall not apply with
			 respect to conduct occurring before such date.


		II
		110th CONGRESS
		2d Session
		S. 3695
		IN THE SENATE OF THE UNITED STATES

			November 19, 2008
			Mr. Ensign introduced
			 the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To require a 50-hour workweek for Federal prison inmates,
		  to reform inmate work programs, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Prisoner Opportunity, Work, and
			 Education Requirement Act or the POWER Act.
		2.Mandatory work
			 requirement for Federal inmatesSection 2905 of the Crime Control Act of
			 1990 (18 U.S.C. 4121 note) is amended by adding at the end the
			 following:

				(b)50-Hour
				workweek
					(1)In
				generalSubject to subsection (a), inmates confined in Federal
				prisons shall engage in—
						(A)work, for not
				less than 50 hours weekly;
						(B)job training;
				and
						(C)educational and
				life skills preparation study.
						(2)Subcontracting
				to Federal Government contractorsFederal Prison Industries will
				utilize inmates in labor-intensive, light manufacturing activities through
				subcontracting with private sector prime contractors.
					(3)Use of
				wages
						(A)In
				generalWages may be earned by inmates engaged in the 50-hour
				workweek program under paragraph (1), and of those wages—
							(i)one-fourth shall
				be used to offset the cost of incarceration of the inmate;
							(ii)one-fourth shall
				be used for victim restitution;
							(iii)one-tenth shall
				be held in a noninterest bearing account for the individual inmate and shall be
				paid upon release of that inmate from prison;
							(iv)one-fourth shall
				be paid directly to the inmate for mandatory expenses and for daily basic needs
				while the inmate is incarcerated, unless such inmate has any outstanding child
				support obligations, in which case, such money shall be paid in accordance with
				the directives of the court having jurisdiction over the outstanding child
				support obligations; and
							(v)the remainder
				shall be distributed to—
								(I)States that the
				Attorney General determines have substantially the same prison work
				requirements and prison conditions as established for Federal prisons;
				and
								(II)local
				jurisdictions that operate correctional facilities to benefit the dependents of
				inmates.
								(B)Noneligibility
				for releaseIf an inmate is not eligible for release, the amount
				held under subparagraph (A)(iii) shall immediately be available for use under
				subparagraph
				(A)(ii).
						.
		3.Federal prison
			 industries reauthorization
			(a)RepealSection 637 of division F of the
			 Consolidated Appropriations Act of 2004 (Public Law 108–199; 118 Stat. 3, 384),
			 section 637 of division H of the Consolidated Appropriations Act of 2005
			 (Public Law 108–447; 118 Stat. 2809, 3281), section 214 of division B of the
			 Consolidated Appropriations Act of 2008 (Public Law 110–161), and section 2410n
			 of title 10, United States Code, are repealed.
			(b)EffectiveChapter 307 of title 18, United States
			 Code, shall remain in full force and effect.
			4.Authority to
			 carry out pilot projects using Federal inmate labor to replace foreign
			 labor
			(a)Foreign labor
			 substitute pilot projects authorizedSection 1761 of title 18, United States
			 Code, is amended—
				(1)in subsection
			 (b), by striking This chapter and inserting This
			 section;
				(2)in subsection
			 (c), by striking this chapter and inserting this
			 section;
				(3)by redesignating
			 subsection (d) as subsection (f); and
				(4)by adding after
			 subsection (c) the following new subsections:

						(d)This section
				shall not apply to goods, wares, or merchandise manufactured, produced, or
				mined by convicts or prisoners who are participating in industrial operations
				of Federal Prison Industries, including operations in any pilot program or
				programs described in section 4130 of this title.
						(e)This section
				shall not apply to goods, wares, or merchandise manufactured, produced, or
				mined by convicts or prisoners who are participating in any pilot project
				approved as a foreign labor substitute by the Foreign Labor Substitute Panel
				established under section
				1762.
						.
				(b)Foreign labor
			 substitute panel
				(1)In
			 generalSection 1762 of title 18, United States Code, is amended
			 to read as follows:

						1762.Foreign Labor
				Substitute Panel
							(a)The Attorney General shall establish a
				panel to be known as the Foreign Labor Substitute Panel (in this section
				referred to as the Panel).
							(b)The Panel shall
				be composed of 8 members, each of whom shall serve at the pleasure of the
				Attorney General, and who shall be appointed by the Attorney General as
				follows:
								(1)1 member who
				shall be an officer, employee, or other representative of the Department of
				Commerce.
								(2)1 member who
				shall be an officer, employee, or other representative of the Department of
				Labor.
								(3)1 member who
				shall be an officer, employee, or other representative of the International
				Trade Commission.
								(4)1 member who
				shall be an officer, employee, or other representative of the Small Business
				Administration.
								(5)2 members, each
				of whom shall be an officer, employee, or other representative of the business
				community.
								(6)2 members, each
				of whom shall be an officer, employee, or other representative of organized
				labor.
								(c)(1)Members of the Panel
				shall not receive pay, allowances, or benefits by reason of their service on
				the Panel.
								(2)Each member shall receive travel
				expenses, including per diem in lieu of subsistence, in accordance with
				applicable provisions under subchapter I of chapter 57 of title 5, United
				States Code.
								(d)The Panel shall
				review proposals for pilot projects submitted to the Panel. For each proposal
				reviewed, the Panel shall approve the pilot project as a foreign labor
				substitute if, and only if, the Panel determines that the pilot project
				specified in the proposal satisfies each of the following requirements:
								(1)The pilot project
				is to be carried out by 1 or more private United States companies.
								(2)The goods, wares,
				or merchandise proposed to be manufactured, produced, or mined wholly or in
				part by Federal convicts or prisoners under the pilot project would otherwise
				be manufactured, produced, or mined by foreign labor.
								(e)Any determination
				of the Panel under subsection (d) shall be made available to the public upon
				request.
							.
				(2)Chapter
			 analysisThe item relating to section 1762 in the chapter
			 analysis for chapter 85 of title 18, United States Code, is amended to read as
			 follows:

							1762. Foreign Labor Substitute
				Panel.

						.
				5.Restatement and
			 improvement of Federal prison industries program
			(a)In
			 generalSections 4121, 4122,
			 and 4123 of title 18, United States Code, are amended to read as
			 follows:

					4121.Federal
				Prison Industries: status, mission, and management
						(a)StatusFederal
				Prison Industries is a Government corporation. The headquarters of the
				corporation is in the District of Columbia.
						(b)MissionThe
				mission of Federal Prison Industries is to carry out industrial operations in
				accordance with this chapter using eligible inmate workers.
						(c)Board of
				directors
							(1)In
				generalFederal Prison Industries shall be administered by a
				board of 6 directors, appointed by the President to serve at the will of the
				President without compensation.
							(2)RepresentationThe
				directors shall be representatives of 1 of the following:
								(A)Industry.
								(B)Labor.
								(C)Agriculture.
								(D)Retailers and
				consumers.
								(E)The Secretary of
				Defense.
								(F)The Attorney
				General.
								4122.Federal
				Prison Industries: operating objectives, standards, and requirements
						(a)Operating
				objectivesFederal Prison
				Industries shall carry out its industrial operations so as to achieve each of
				the following objectives:
							(1)To increase
				public safety by reducing the rate of recidivism by providing as many inmates
				as possible with an opportunity to gain meaningful employment and vocational
				skills and improve their chances of becoming productive and law-abiding
				citizens after release from prison.
							(2)To minimize any
				adverse effects of the operations on domestic companies or workers.
							(3)To provide
				meaningful employment and vocational training for not less than 25 percent of
				eligible inmate workers.
							(4)To provide inmate
				workers with a source of income with which they may facilitate their ability to
				contribute to the discharge of their financial obligations.
							(5)To generate
				sufficient revenue to fund those operations.
							(6)To provide
				products and services that are market quality and competitively priced.
							(b)Performance
				standardsFederal Prison Industries shall carry out its
				industrial operations in compliance with the following standards, as applicable
				to correctional industry programs:
							(1)Federal
				standards.
							(2)American
				Correctional Association standards.
							(3)International
				Labor Organization conventions to which the United States is a signatory
				party.
							(c)VoluntarinessFederal
				Prison Industries shall carry out its industrial operations only with inmate
				workers who participate in those operations voluntarily.
						(d)Wage
				ratesUnless otherwise provided by law, each inmate worker
				participating in the industrial operations of Federal Prison Industries shall
				be paid at a wage rate prescribed by the Board of Directors of Federal Prison
				Industries.
						(e)Protection of
				certain informationFederal Prison Industries shall carry out its
				industrial operations so as to ensure that, in the production of a product or
				the performance of a service, inmate workers do not have access to—
							(1)personal or
				financial information about any citizen of the United States without prior
				notice of the access being provided to that citizen, including information
				relating to the citizen’s real property, however described, unless that
				information is publicly available; or
							(2)information that
				is classified in the national security or foreign policy interests of the
				United States.
							(f)Vocational
				trainingAt the end of each fiscal year, Federal Prison
				Industries shall, if the Board of Directors determines that it is financially
				feasible to do so, contribute not less than 20 percent of its net profits for
				that fiscal year to provide for the vocational training of inmates without
				regard to their industrial or other assignments.
						(g)Exemption from
				public contracting and procurement lawsFederal Prison Industries
				is exempt from all laws and regulations governing public contracting and the
				procurement of property or services by an agency of the Federal
				Government.
						(h)LiabilityThe
				sole remedy for injury, death, or loss resulting from negligence in the design
				or production of a product, or in the performance of a service, by Federal
				Prison Industries shall be as follows:
							(1)In the case of a
				person suffering an injury, death, or loss in the performance of duties as an
				employee of the United States, chapter 81 of title 5, relating to compensation
				for work-related injuries.
							(2)In all other
				cases, chapter 171 of title 28, relating to tort claims.
							4123.Federal
				Prison Industries: transactions authorized
						(a)Sales of
				certain commoditiesFederal Prison Industries may carry out a
				program to manufacture commodities specified in section 1761(b).
						(b)Participation
				in foreign labor substitute pilot projectsSubject to the
				requirements in subsection (e), Federal Prison Industries may make available
				inmate workers for participation in a pilot project approved as a foreign labor
				substitute by the Foreign Labor Substitute Panel, as referred to in section
				1761(e).
						(c)Participation
				in BJA pilot projects
							(1)In
				generalSubject to the requirements in subsection (e), Federal
				Prison Industries may make available inmate workers for participation in a
				pilot project designated by the Director of the Bureau of Justice Assistance,
				as referred to in section 1761(c).
							(2)Wage
				rateEach inmate worker participating in a pilot project
				specified in paragraph (1) shall be paid at a wage rate that complies with
				section 1761(c).
							(d)Requirements
				for contracts with private companiesIn making available inmate
				workers for participation in a pilot project under subsection (c) or (d),
				Federal Prison Industries shall comply with the following requirements:
							(1)The inmate
				workers shall be made available through a contract between Federal Prison
				Industries and a private United States company.
							(2)The contract
				shall—
								(A)require that the
				labor performed by the inmate workers shall be carried out at a Federal Prison
				Industries facility;
								(B)include a
				provision that prohibits the company from displacing any of that company’s
				existing domestic workers as a direct result of the contract with Federal
				Prison Industries; and
								(C)provide that any
				workforce reductions carried out by the company affecting employees performing
				work comparable to the work performed pursuant to the contract shall first
				apply to inmate workers employed pursuant to the contract.
								(e)Goals for
				certain businessesFederal Prison Industries shall, in
				consultation with the Small Business Administration, establish and strive to
				meet or exceed realistic goals for entering into contracts with one or more of
				the following:
							(1)A business
				concern that meets the applicable size standards prescribed pursuant to section
				3(a) of the Small Business Act (15 U.S.C. 632(a)).
							(2)A small business
				concern owned and controlled by socially and economically disadvantaged
				individuals, as that term is defined in section 8(d)(3)(C) of the Small
				Business Act (15 U.S.C. 637(d)(3)(C)).
							(f)Job
				opportunities for blind and severely disabled individualsFederal
				Prison Industries shall establish business partnerships with organizations
				representing domestic workers who are blind or severely disabled, for the
				purpose of entering into contracts with private United States companies that
				would create job opportunities both for blind and severely disabled individuals
				and for Federal inmates.
						(g)Donation of
				products and servicesThe Board of Directors may
				authorize—
							(1)the donation of a
				product or service of Federal Prison Industries that is available for sale;
				or
							(2)the production of
				a new product, or the performance of a new service, for donation.
							(h)CatalogFederal
				Prison Industries shall publish and maintain a catalog of all products and
				services that it offers for sale to government agencies and not-for-profit
				organizations. The catalog shall be periodically revised as products and
				services are added or
				deleted.
						.
			(b)Conforming
			 amendmentSection 1761(c)(1) of such title is amended by striking
			 non-Federal.
			(c)Clerical
			 amendmentThe chapter analysis for chapter 307 of title 18,
			 United States Code, is amended by striking the items relating to sections 4121,
			 4122, and 4123 and inserting the following:

						Sec. 4121. Federal Prison Industries: status, mission, and
				management.
						Sec. 4122. Federal Prison Industries: operating objectives,
				standards, and requirements.
						Sec. 4123. Federal Prison Industries: transactions
				authorized.

					.
			6.Periodic
			 evaluation and reports
			(a)In
			 generalSection 4127 of title 18, United States Code, is amended
			 to read as follows:

					4127.Periodic
				evaluation and reports
						(a)Evaluation by
				GAO
							(1)Matters
				evaluatedThe Comptroller General shall provide for an
				independent evaluation of the operations of Federal Prison Industries to be
				carried out each year. The matters evaluated shall include the
				following:
								(A)The overall
				success of the operations.
								(B)The effects that
				any reduction in the purchases made under section 4124(a) has on the viability
				of Federal Prison Industries.
								(C)The extent to
				which Federal Prison Industries can successfully contract with private
				companies without adversely affecting domestic companies or workers.
								(D)The current
				status and effects of the pilot program or programs described in section
				4130.
								(2)Views
				includedThe Comptroller General shall ensure that, in the
				development of appropriate methodologies for the evaluation under paragraph
				(1), the views of the Foreign Labor Substitute Panel, private industry,
				organized labor, the Board of Directors of Federal Prison Industries, and the
				public are solicited.
							(3)ReportNot
				later than March 31 of each fiscal year, the Comptroller General shall submit
				to Congress a report on the evaluation of the operations of Federal Prison
				Industries that was carried out under paragraph (1) for the preceding fiscal
				year. The report for a fiscal year shall, at a minimum, include the
				following:
								(A)The
				evaluation.
								(B)Any concerns
				raised about any adverse effects on domestic companies or workers, together
				with any actions taken in regard to the concerns.
								(C)The extent to
				which Federal Prison Industries maintained at least a 25 percent employment
				rate for eligible inmate workers.
								(D)The extent to
				which Federal Prison Industries conducted its operations on a financially
				self-sustaining basis.
								(E)Any recommended
				legislation to improve the administration of this chapter or the effects of the
				administration of this chapter, including any recommended legislation necessary
				to authorize remedial actions regarding—
									(i)any conduct of
				the operations of Federal Prison Industries in a manner that adversely affects
				domestic companies or workers (excluding the effects of normal competitive
				business practices);
									(ii)any failure of
				Federal Prison Industries to maintain at least a 25 percent employment rate for
				eligible inmate workers; or
									(iii)any failure of
				Federal Prison Industries to conduct its operations on a financially
				self-sustaining basis.
									(b)Annual report
				by Board of Directors
							(1)In
				generalThe Board of Directors of Federal Prison Industries
				shall, each year, report under section 9106 of title 31, on the conduct of the
				business of Federal Prison Industries and the condition of its funds during the
				preceding fiscal year.
							(2)Matters
				includedIn addition to the matters required by section 9106 of
				title 31, and such other matters as the Board considers appropriate, each
				report for a fiscal year under paragraph (1), shall include the
				following:
								(A)A statement of
				the amount of obligations issued under section 4129(a)(1) of this title during
				that fiscal year.
								(B)An estimate of
				the amount of obligations that will be issued under that section during the
				following fiscal year.
								(C)An analysis
				of—
									(i)the total sales
				by Federal Prison Industries for each product and service sold to Federal
				agencies and to private United States companies;
									(ii)the total
				purchases by each Federal agency of each product and service; and
									(iii)the Federal
				Prison Industries share of the total Federal Government purchases by product
				and service.
									(D)An analysis of
				the inmate workforce, including—
									(i)the number of
				inmates employed;
									(ii)the number of
				inmates used to produce products or perform services sold to private United
				States companies;
									(iii)the number and
				percentage of employed inmates, categorized by term of incarceration;
				and
									(iv)the various
				hourly wages paid to inmates engaged in the production of the various products
				and the performance of services authorized for production and sale to Federal
				agencies and to private United States companies.
									(E)Information
				concerning any employment obtained by former inmates upon release that is
				useful in determining whether the employment provided by Federal Prison
				Industries during incarceration provided those former inmates with knowledge
				and skill in a trade or occupation that enabled them to earn a livelihood upon
				release.
								(F)Information on
				the current status of the pilot program or programs described in section
				4130.
								(3)Availability to
				publicThe Board of Directors shall make available to the public
				each report under this
				subsection.
							.
			(b)Clerical
			 amendmentThe item relating to section 4127 in the chapter
			 analysis for chapter 307 of title 18, United States Code, is amended to read as
			 follows:

						4127. Periodic evaluation and
				reports.

					.
			7.Rules of
			 construction and definitions
			(a)In
			 generalChapter 307 of title 18, United States Code, as amended
			 by section 4, is amended by adding at the end the following:

					4131.Construction
				of provisionsNothing in this
				chapter shall be construed—
						(1)to establish an
				entitlement of any inmate to—
							(A)employment in a
				Federal Prison Industries facility; or
							(B)any particular
				wage, compensation, or benefit on demand;
							(2)to establish that
				inmates are employees for the purposes of any law or program; or
						(3)to establish any
				cause of action by or on behalf of any person against the United States or any
				officer, employee, or contractor thereof.
						4132.DefinitionsIn this chapter:
						(1)The term
				eligible inmate or eligible inmate worker means a
				person who—
							(A)is committed to
				the custody of the Bureau of Prisons pursuant to section 3621 of this
				title;
							(B)is designated to
				a low, medium, or high security facility operated by the Bureau of Prisons;
				and
							(C)is physically and
				mentally able to work.
							(2)The term
				private United States company means a corporation, partnership,
				joint venture, or sole proprietorship with a principal place of business in the
				United
				States.
						.
			(b)Clerical
			 amendmentThe table of sections at the beginning of chapter 307
			 of such title is amended by adding at the end the following new items:

						Sec. 4131. Construction of provisions.
						Sec. 4132.
				Definitions.

					.
			8.Conforming
			 amendmentSection 436 of title
			 18, United States Code, is amended by striking Whoever, and
			 inserting Except as otherwise provided in this title,
			 whoever,.


109 HR 5418 : To establish a pilot program in certain

U.S. House of Representatives
2006-11-13
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
		109th CONGRESS
		2d Session
		H. R. 5418
		IN THE SENATE OF THE UNITED
		  STATES

			September 29, 2006
			Received

			November 13, 2006
			 Read twice and referred to the
			 Committee on the
			 Judiciary

		AN ACT
		To establish a pilot program in certain
		  United States district courts to encourage enhancement of expertise in patent
		  cases among district judges.

		1.Pilot program in certain
			 district courts
			(a)Establishment
				(1)In
			 generalThere is established a program, in each of the United
			 States district courts designated under subsection (b), under which—
					(A)those district
			 judges of that district court who request to hear cases under which one or more
			 issues arising under any Act of Congress relating to patents or plant variety
			 protection must be decided, are designated by the chief judge of the court to
			 hear those cases;
					(B)cases described in
			 subparagraph (A) are randomly assigned to the judges of the district court,
			 regardless of whether the judges are designated under subparagraph (A);
					(C)a judge not
			 designated under subparagraph (A) to whom a case is assigned under subparagraph
			 (B) may decline to accept the case; and
					(D)a case declined
			 under subparagraph (C) is randomly reassigned to one of those judges of the
			 court designated under subparagraph (A).
					(2)Senior
			 judgesSenior judges of a district court may be designated under
			 paragraph (1)(A) if at least 1 judge of the court in regular active service is
			 also so designated.
				(3)Right to
			 transfer cases preservedThis section shall not be construed to
			 limit the ability of a judge to request the reassignment of or otherwise
			 transfer a case to which the judge is assigned under this section, in
			 accordance with otherwise applicable rules of the court.
				(b)DesignationThe
			 Director of the Administrative Office of the United States Courts shall, not
			 later than 6 months after the date of the enactment of this Act, designate not
			 less than 5 United States district courts, in at least 3 different judicial
			 circuits, in which the program established under subsection (a) will be carried
			 out. The Director shall make such designation from among the 15 district courts
			 in which the largest number of patent and plant variety protection cases were
			 filed in the most recent calendar year that has ended, except that the Director
			 may only designate a court in which—
				(1)at least 10
			 district judges are authorized to be appointed by the President, whether under
			 section 133(a) of title 28, United States Code, or on a temporary basis under
			 other provisions of law; and
				(2)at least 3 judges
			 of the court have made the request under subsection (a)(1)(A).
				(c)DurationThe
			 program established under subsection (a) shall terminate 10 years after the end
			 of the 6-month period described in subsection (b).
			(d)ApplicabilityThe program established under subsection
			 (a) shall apply in a district court designated under subsection (b) only to
			 cases commenced on or after the date of such designation.
			(e)Reporting to
			 Congress
				(1)In
			 generalAt the times specified in paragraph (2), the Director of
			 the Administrative Office of the United States Courts, in consultation with the
			 chief judge of each of the district courts designated under subsection (b) and
			 the Director of the Federal Judicial Center, shall submit to the Committee on
			 the Judiciary of the House of Representatives and the Committee on the
			 Judiciary of the Senate a report on the pilot program established under
			 subsection (a). The report shall include—
					(A)an analysis of the
			 extent to which the program has succeeded in developing expertise in patent and
			 plant variety protection cases among the district judges of the district courts
			 so designated;
					(B)an analysis of the
			 extent to which the program has improved the efficiency of the courts involved
			 by reason of such expertise;
					(C)with respect to patent cases handled by the
			 judges designated pursuant to subsection (a)(1)(A) and judges not so
			 designated, a comparison between the 2 groups of judges with respect to—
						(i)the rate of reversal by the Court of
			 Appeals for the Federal Circuit, of such cases on the issues of claim
			 construction and substantive patent law; and
						(ii)the period of time elapsed from the date on
			 which a case is filed to the date on which trial begins or summary judgment is
			 entered;
						(D)a discussion of any evidence indicating
			 that litigants select certain of the judicial districts designated under
			 subsection (b) in an attempt to ensure a given outcome; and
					(E) an analysis of
			 whether the pilot program should be extended to other district courts, or
			 should be made permanent and apply to all district courts.
					(2)Timetable for
			 reportsThe times referred to in paragraph (1) are—
					(A)not later than the date that is 5 years and
			 3 months after the end of the 6-month period described in subsection (b);
			 and
					(B)not later than 5
			 years after the date described in subparagraph (A).
					(3)Periodic
			 reportingThe Director of the
			 Administrative Office of the United States Courts, in consultation with the
			 chief judge of each of the district courts designated under subsection (b) and
			 the Director of the Federal Judicial Center, shall keep the committees referred
			 to in paragraph (1) informed, on a periodic basis while the pilot program is in
			 effect, with respect to the matters referred to in subparagraphs (A) through
			 (E) of paragraph (1).
				(f)Authorization
			 for training and clerkshipsIn addition to any other funds made
			 available to carry out this section, there is authorized to be appropriated not
			 less than $5,000,000 in each fiscal year for—
				(1)educational and
			 professional development of those district judges designated under subsection
			 (a)(1)(A) in matters relating to patents and plant variety protection;
			 and
				(2)compensation of law
			 clerks with expertise in technical matters arising in patent and plant variety
			 protection cases, to be appointed by the courts designated under subsection (b)
			 to assist those courts in such cases.
				Amounts made available pursuant to
			 this subsection shall remain available until expended.

			Passed the House of
			 Representatives September 28, 2006.
			Karen L. Haas
			Clerk.