115 HR 7292 IH: Megan Rondini and Leah Griffin Sexual Assault Victims Protection Act of 2018
U.S. House of Representatives
2018-12-13
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.

I115th CONGRESS2d SessionH. R. 7292IN THE HOUSE OF REPRESENTATIVESDecember 13, 2018Mr. Poe of Texas (for himself, Ms. Jayapal, Mr. Griffith, and Mrs. Black) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo require the Secretary of Health and Human Services to establish the Megan Rondini and Leah
			 Griffin national sexual assault care and treatment task force, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Megan Rondini and Leah Griffin Sexual Assault Victims Protection Act of 2018. 2.Megan Rondini and Leah Griffin national sexual assault care and treatment task force (a)EstablishmentThe Secretary of Health and Human Services shall establish a task force to be known as the Megan Rondini and Leah Griffin National Sexual Assault Care and Treatment Task Force (referred to in this section as the Task Force) to identify barriers to improving access to sexual assault forensic examiners, sexual assault nurse examiners, and other forensic medical examiners.
 (b)MembershipThe Task Force shall include a representative from the Centers for Medicare & Medicaid Services, the Health and Human Services Immediate Office of the Secretary, the Health Resources and Services Administration, the Indian Health Service, the Office for Victims of Crime of the Department of Justice, the Office on Women’s Health of the Department of Health and Human Services, and the Office on Violence Against Women of the Department of Justice, a survivor of sexual assault; representatives from regional and national organizations that collectively have expertise in forensic nursing, rape trauma or crisis counseling, investigating rape and gender violence cases, survivors’ advocacy and support, sexual assault prevention education, rural health, and responding to sexual violence in Native communities; representatives from hospitals, patient groups, and emergency department physicians; representatives of States, including States that have in effect State laws or procedures that address the objectives described in subsection (c); and any other governmental or nongovernmental representative or stakeholder as specified by the Secretary, in consultation with the Attorney General.
 (c)ObjectivesTo assist and standardize State-level efforts to improve medical forensic evidence collection relating to sexual assault, the Task Force shall—
 (1)identify barriers to the recruitment, training, and retention of sexual assault forensic examiners, sexual assault response teams, sexual assault nurse examiners, and others who perform such examinations;
 (2)make recommendations for improving access to medical forensic examinations, including the feasibility of, or barriers to, utilizing mobile units and telehealth services;
 (3)make recommendations for improving coordination of services, other protocols regarding the care and treatment of sexual assault survivors, and the preservation of evidence between law enforcement officials and health care providers;
 (4)make recommendations for updating national minimum standards for forensic medical examiner training and forensic medical evidence collection relating to sexual assault;
 (5)make recommendations for the development of resources and best practices described in subsection (e) for inclusion on the public website of the Department of Health and Human Services;
 (6)make recommendations on the collection and retention of sexual assault kits, including anonymous or unreported sexual assault kits;
 (7)make recommendations on processes and best practices for communicating to sexual assault survivors who seek care in the emergency room information about the availability of forensic medical evidence collection as part of the care and treatment of such survivors;
 (8)make recommendations to develop, promote, and inculcate trauma-informed approaches (as defined in subsection (g)) in the treatment of sexual assault victims through training, leadership and supervision;
 (9)make recommendations to inform the development of protocols to use when patients seeking medical forensic care have not yet reported a crime to law enforcement, including developing guidance related to presenting patients with their options when they request a medical forensic exam;
 (10)obtain feedback and review how the best practices, protocols, care, and treatment for sexual assault are impacting sexual assault survivors in States with laws or procedures that address any of the task force objectives described in a previous paragraph of this subsection, including Texas, Washington, and Illinois, including the impact on a patient of any financial obligations associated with a sexual assault forensic exam, including when the exam is performed in a different jurisdiction than where the assault was committed; and
 (11)any other objective specified by the Secretary, in consultation with the Attorney General. (d)Transparency requirements (1)In generalNot later than 18 months after the date of the enactment of this Act, the Task Force shall submit to the Secretary a report on the recommendations, findings, and conclusions of the Task Force.
 (2)ReportNot later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the recommendations, findings, and conclusions of the Task Force.
				(e)Sexual assault treatment resources
 (1)In generalNot later than July 1, 2019, the Secretary shall post on the public website of the Department of Health and Human Services resources and best practices developed by health care providers, forensic scientists, law enforcement representatives, and advocates of sexual assault victims, relating to the treatment of individuals for sexual assault by health care providers. Such resources and best practices shall include the following:
 (A)Resources for health care providersResources and best practices for health care providers, including— (i)best practices for training personnel on sexual assault forensic evidence collection;
 (ii)best practices relating to providing counseling and appropriate referrals to such individuals; and (iii)other resources and best practices determined appropriate by the Secretary.
 (B)Resources for sexual assault survivorsResources and best practices for sexual assault survivors, including— (i)information about the forensic exam furnished by a sexual assault forensic examiner, including the process and potential benefits of collecting evidence;
 (ii)information on available State-wide databases of sexual assault nurse examiner-ready or sexual assault forensic examiner-ready facilities;
 (iii)survivor advocacy group websites and hotlines; (iv)next-steps guides for survivors with best practices for preserving evidence and seeking treatment after an assault; and
 (v)other resources and best practices determined appropriate by the Secretary. (2)UpdatesAs soon as practicable after the submission of the report under subsection (d)(1) to the Secretary, the Secretary shall update the resources and best practices posted on the website of the Department of Health and Human Services under paragraph (1) to take into consideration the recommendations, findings, and conclusions of the Task Force contained in such report. The Secretary shall update such resources and best practices periodically, but not less frequently than annually, including for purposes of taking into account the most recent recommendations, findings, and conclusions of the Task Force.
 (f)Annual meetingThe Task Force shall meet annually to address gaps in health care provider care relating to sexual assault and report findings, recommendations, and conclusions to the Secretary in a timely manner.
 (g)DefinitionsFor purposes of this section: (1)Medical forensic examinationThe term medical forensic examination means an examination provided to a sexual assault survivor by medical personnel trained to gather evidence of a sexual assault in a manner suitable for use in a court of law.
 (2)SecretaryThe term Secretary means the Secretary of Health and Human Services. (3)Sexual assaultThe term sexual assault means any non-consensual sexual act proscribed by Federal, tribal, or State law, including when the individual lacks capacity to consent.
 (4)Sexual assault examinerThe term sexual assault examiner means a registered nurse, advanced practice nurse, physician, or physician assistant specifically trained to provide comprehensive care to sexual assault forensic examinations.
 (5)Sexual assault forensic examinerThe term sexual assault forensic examiner means a medical practitioner who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations.
 (6)Sexual assault nurse examinerThe term sexual assault nurse examiner means a registered nurse who has specialized forensic training in treating sexual assault survivors and conducting medical forensic examinations.
 (7)Sexual assault response teamThe term sexual assault response team means a multidisciplinary team that provides a specialized and immediate response to survivors of sexual assault, and may include health care personnel, law enforcement representatives, community-based survivor advocates, prosecutors, and forensic scientists.
 (8)Trauma-informed approachThe term trauma-informed approach means an approach that is built on an understanding of how trauma affects a person’s physical, emotional, and psychological health, and accounts for the potential for health care systems to unintentionally cause further trauma.
 3.Promoting coordination of sexual assault care in local communitiesNot later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall revise section 489.24(j) of title 42, Code of Federal Regulations, to require each formal community call plan (as described in section 489.24(j)(2)(iii) of such title (or a successor regulation)) to provide—
 (1)with respect to the delineation of on-call coverage responsibilities described in subparagraph (A) of such section, for a delineation of such coverage responsibilities for screening and treatment relating to sexual assault and includes a schedule of the on-call coverage availability for such screening and treatment at each hospital with on-call coverage responsibilities for such treatment; and
 (2)with respect to assurances related to local and regional EMS system protocols described in subparagraph (D) of such section, for an assurance that such protocols include information with respect to community on-call arrangements for screening and treatment relating to sexual assault.


		I
		112th CONGRESS
		2d Session
		H. R. 5878
		IN THE HOUSE OF REPRESENTATIVES

			May 31, 2012
			Mrs. Lowey introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to expand
		  deductions allowed for education-related expenses and to extend the American
		  Opportunity Tax Credit.

		1.Short titleThis Act may be cited as the
			 Deductibility and Incentives to
			 Promote Learning Opportunities and Maximize Assistance Act of
			 2012 or as the DIPLOMA Act of 2012.
		2.Deduction for
			 higher education expenses
			(a)Elimination of
			 dollar limitation for qualified tuition and related expenses
			 deductionSubsection (b) of
			 section 222 of the Internal Revenue Code of 1986 (relating to qualified tuition
			 and related expenses) is amended to read as follows:

					(b)Limitation based
				on adjusted gross income
						(1)In
				generalIn the case of a taxpayer whose adjusted gross income for
				a taxable year exceeds $80,000 ($160,000 in the case of a joint return), the
				amount of the deduction allowed under subsection (a) for the taxable year shall
				be zero.
						(2)Adjusted gross
				incomeFor purposes of this
				subsection, adjusted gross income shall be determined—
							(A)without regard to
				this section and sections 199, 911, 931, and 933, and
							(B)after application
				of sections 86, 135, 137, 219, 221, and
				469.
							.
			(b)TerminationSubsection
			 (e) of section 222 of such Code is amended by striking December 31,
			 2011 and inserting December 31, 2017.
			(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2011.
			3.Interest and
			 principal on education loans
			(a)Expansion of
			 deduction for interest on education loans To include principal
			 paymentsSection 221 of the Internal Revenue Code of 1986
			 (relating to interest on education loans) is amended—
				(1)in subsection (a),
			 by striking interest paid and inserting interest and
			 principal paid,
				(2)by redesignating
			 subsections (d), (e), and (f) as subsections (e), (f), and (g),
			 respectively,
				(3)by inserting after
			 subsection (c) the following new subsection:

						(d)Limit on period
				deduction allowedWith respect to principal paid on any qualified
				education loan after the first 60 months (whether or not consecutive) in which
				principal payments are required, a deduction shall not be allowed under this
				section. For purposes of this paragraph, any loan and all refinancings of such
				loan shall be treated as 1 loan. Such 60 months shall be determined in the
				manner prescribed by the Secretary in the case of multiple loans which are
				refinanced by, or serviced as, a single loan and in the case of loans incurred
				before the date of the enactment of this
				section.
						,
				and
				(4)in the heading, by
			 striking Interest and inserting
			 Interest and
			 principal.
				(b)Clerical
			 amendmentsThe item relating to section 221 in the table of
			 sections for part VII of subchapter B of chapter 1 of such Code is amended to
			 read as follows:

						Sec. 221. Interest and principal on
				education
				loans.

					.
			(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2011.
			4.Extension of
			 American Opportunity Tax Credit
			(a)In
			 generalSubsection (i) of
			 section 25A of the Internal Revenue Code of 1986 is amended by striking
			 in 2009, 2010, 2011, or 2012 in the matter preceding paragraph
			 (1) and inserting after 2008 and before 2018.
			(b)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2012.


		I
		112th CONGRESS
		1st Session
		H. R. 2615
		IN THE HOUSE OF REPRESENTATIVES

			July 21, 2011
			Mr. Paul introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To restore the second amendment rights of all
		  Americans.

		1.Short titleThis Act may be cited as the
			 Second Amendment Protection Act of
			 2011.
		2.Repeal of 1993
			 law providing for a waiting period before the purchase of a handgun, and the
			 establishment of a national instant criminal background check system to be
			 contacted by firearms dealers before the transfer of any firearmPublic Law 103–159 is repealed, and any
			 provisions of law amended or repealed by such Act are restored or revived as if
			 such Act had not been enacted.
		3.Elimination of
			 sporting purposes distinction
			(a)Section 5845(f) of
			 the Internal Revenue Code of 1986 is amended—
				(1)by striking which the Secretary
			 finds is generally recognized as particularly suitable for sporting
			 purposes; and
				(2)by striking
			 which the owner intends to use solely for sporting
			 purposes.
				(b)Section
			 921(a)(4)(B) of title 18, United States Code, is amended by striking
			 which the Attorney General finds is generally recognized as particularly
			 suitable for sporting purposes.
			(c)Section 921(a)(4)
			 of such title is amended in the second sentence by striking which the
			 owner intends to use solely for sporting, recreational or cultural
			 purposes.
			(d)Section
			 921(a)(17)(C) of such title is amended by striking a projectile which
			 the Attorney General finds is primarily intended to be used for sporting
			 purposes,.
			(e)Section 923(j) of
			 such title is amended by striking devoted to the collection, competitive
			 use, or other sporting use of firearms in the community.
			(f)Section 922(r) of
			 such title is amended by striking of this chapter as not being
			 particularly suitable for or readily adaptable to sporting
			 purposes.
			(g)Section 925(a)(3)
			 of such title is amended by striking determined by the Attorney General
			 to be generally recognized as particularly suitable for sporting purposes
			 and.
			(h)Section 925(a)(4)
			 of such title is amended by striking (A) determined by the Attorney
			 General to be generally recognized as particularly suitable for sporting
			 purposes, or determined by the Department of Defense to be a type of firearm
			 normally classified as a war souvenir, and (B).
			(i)Section 925(d)(3)
			 of such title is amended by striking and is generally recognized as
			 particularly suitable for or readily adaptable to sporting
			 purposes.
			(j)Section 925(e)(2)
			 of such title is amended by striking , provided that such handguns are
			 generally recognized as particularly suitable for or readily adaptable to
			 sporting purposes.
			(k)Section 922 of
			 such title is amended in each of subsections (a)(5), (a)(9), and (b)(3) by
			 striking lawful sporting purposes and inserting lawful
			 purposes.
			4.Repeal of the
			 Child Safety Lock Act of 2005
			(a)Amendments to
			 title 18, united states code
				(1)Section 922 of
			 title 18, United States Code, is amended by striking subsection (z).
				(2)Section 924 of
			 such title is amended—
					(A)in subsection
			 (a)(1), by striking (f), or (p) and inserting or
			 (f); and
					(B)by striking
			 subsection (p).
					(b)RepealerSection 5 of the Protection of Lawful
			 Commerce in Arms Act (18 U.S.C. 922 note; 119 Stat. 2099) is repealed.
			5.Effective
			 dateThe provisions of this
			 Act shall take effect immediately upon enactment.


109 HCON 414 IH: Recognizing and honoring the life

U.S. House of Representatives
2006-05-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		109th CONGRESS
		2d Session
		H. CON. RES. 414
		IN THE HOUSE OF REPRESENTATIVES

			May 23, 2006
			Mr. Clay (for himself
			 and Mr. Costello) submitted the
			 following concurrent resolution; which was referred to the
			 Committee on Education and the
			 Workforce

		CONCURRENT RESOLUTION
		Recognizing and honoring the life
		  achievements of Katherine Dunham for being one of the world’s most respected
		  dancers, a teacher, mentor, choreographer, author, actress, and
		  humanitarian.

		Whereas Katherine Dunham was born in 1909 in Chicago,
			 Illinois, and began formal dance training in her late teens;
		Whereas Katherine Dunham completed her bachelor’s degree
			 in social anthropology at the University of Chicago, was a pioneer in the use
			 of folk and ethnic choreography, and was one of the founders of the
			 anthropological dance movement;
		Whereas Katherine Dunham was a dancer, choreographer, and
			 director on Broadway, and was the first black choreographer at the Metropolitan
			 Opera;
		Whereas in the late 1930s, Katherine Dunham served as an
			 inspiration to black artists by establishing her own dance school and touring
			 company, the Katherine Dunham Dance Company, which was one of the first
			 predominantly black dance troupes;
		Whereas Katherine Dunham revolutionized American dance by
			 incorporating the roots of black dance and ritual and making her choreography
			 accessible to all through the Dunham Technique;
		Whereas during the 1940s, the Katherine Dunham Dance
			 Company toured in more than 60 countries;
		Whereas in 1945, Katherine Dunham founded the Dunham
			 School of Dance and Theatre in Manhattan, which provided a central location for
			 students to immerse themselves in dance technique while also studying topics in
			 the humanities, languages, ethics, philosophy, and drama;
		Whereas in 1967, Katherine Dunham joined the faculty of
			 Southern Illinois University in Edwardsville, where she established a dance
			 anthropology program and helped create the Performing Arts Training
			 Center;
		Whereas Katherine Dunham used her dance career and public
			 status to draw attention to social injustices at home and abroad;
		Whereas during World War II, Katherine Dunham successfully
			 filed law suits against hotels in Cincinnati and Chicago for racial
			 discrimination;
		Whereas in 1964, Katherine Dunham was deeply moved by the
			 poverty in East St. Louis, Illinois, and proposed an education project that she
			 hoped would reach far beyond dance and be concerned with the fundamentals of
			 human society;
		Whereas in 1969 Katherine Dunham created a community-based
			 arts education program in East St. Louis, Illinois, called the Katherine Dunham
			 Centers for Arts and Humanities, which enrolls at-risk youth in programs in
			 fine, performing, and cultural arts;
		Whereas the Katherine Dunham Center is the only
			 multi-disciplinary arts organization in the St. Louis Metropolitan region
			 devoted to the study, appreciation, and celebration of diverse cultures;
		Whereas in 1993, Katherine Dunham went on a 47-day hunger
			 strike at the age of 82 to protest the United States policy of deporting
			 Haitian refugees and to call attention to the welfare of Haitians;
		Whereas Katherine Dunham has received 10 honorary
			 doctorates, the French Legion of Honor, Southern Cross of Brazil, Grand Cross
			 of Haiti, NAACP Lifetime Achievement Award, Lincoln Academy Laureate, the Urban
			 Leagues’ Lifetime Achievement Award, and the Presidential Medal of Arts and has
			 been inducted into the St. Louis Walk of Fame; and
		Whereas Katherine Dunham died at the age of 96 while
			 striving to continue giving hope to the poverty stricken community of East St.
			 Louis, Illinois through her museum: Now, therefore, be it

		That Congress recognizes Katherine Dunham—
			(1)for being one of
			 the world’s most respected dancers;
			(2)for her work as a
			 teacher, mentor, choreographer, philosopher, author, and actress;
			(3)for her dedication
			 to improving the opportunities in the arts that are available to the Nation's
			 youth; and
			(4)for her lifelong
			 commitment to humanitarian causes around the world.


109 HR 1921 IH: To suspend temporarily the duty on 3,5-Difluoroaniline.
U.S. House of Representatives
2005-04-27
text/xml
EN
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I
109th CONGRESS
1st Session
H. R. 1921
IN THE HOUSE OF REPRESENTATIVES

April 27, 2005
Mr. Hulshof introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on 3,5-Difluoroaniline.

1.3,5-Difluoroaniline
(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:

9902.05.663,5-Difluoroaniline (CAS No. 372-39-4) (provided for in subheading 2921.42.65)FreeNo changeNo changeOn or before 12/31/2008
(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 enactment of this Act.


110 HR 4610 IH: To suspend temporarily the duty on Tembotrione.
U.S. House of Representatives
2007-12-13
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
110th CONGRESS 1st Session
H. R. 4610
IN THE HOUSE OF REPRESENTATIVES

December 13, 2007
Mr. Cleaver introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on Tembotrione.

1.Tembotrione
(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._._Mixtures containing 2-{2-Chloro-4-mesyl-3- [(trifluoroethoxy)methyl] benzoyl}cyclohexane-1,3-dione (Tembotrione) (CAS No. 335104–84–2) and ethyl4,5-dihydro-5,5-diphenyl-1,2-xazole-3-carboxylate (Isoxadifen-ethyl) (CAS No. 163520–33–0) (provided for in subheading 3808.93.1500)3.0%No changeNo changeOn or before 12/31/2011    .
(b)Effective dateThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


117 HR 2548 IH: Cormorant Relief Act
U.S. House of Representatives
2021-04-15
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. 2548IN THE HOUSE OF REPRESENTATIVESApril 15, 2021Mr. Guest (for himself and Mr. Crawford) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo enact as law certain regulations relating to the taking of double-crested cormorants.1.Short TitleThis Act may be cited as the Cormorant Relief Act.2.Regulations relating to the taking of double-crested cormorants(a)Force and effect(1)In generalSubject to subsection (b), sections 21.47 and 21.48 of title 50, Code of Federal Regulations (as in effect on January 1, 2016), shall have the force and effect of law.(2)Public noticeThe Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (referred to in this section as the Secretary), shall notify the public of the authority provided by paragraph (1) in a manner determined to be appropriate by the Secretary.(b)SunsetThe authority provided by subsection (a)(1) shall terminate on the effective date of a regulation promulgated by the Secretary after the date of enactment of this Act to control depredation of double-crested cormorant populations.(c)Rule of constructionNothing in this section limits the authority of the Secretary to promulgate regulations relating to the taking of double-crested cormorants under any other law.


110 HR 862 IH: Lester Nichols Presque Isle Light Station Act of 2007
U.S. House of Representatives
2007-02-06
text/xml
EN
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I
110th CONGRESS 1st Session
H. R. 862
IN THE HOUSE OF REPRESENTATIVES

February 6, 2007
Mr. Stupak introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To provide for the return of the Fresnel Lens to the lantern room atop Presque Isle Light Station Lighthouse, Michigan, and for other purposes.

1.Short titleThis Act may be cited as the Lester Nichols Presque Isle Light Station Act of 2007.
2.Return of Fresnel Lens to Presque Isle Light Station Lighthouse, Michigan
(a)In generalSubject to subsection (b), the Commandant of the Coast Guard shall modify the 2004 Agreement for Outgoing Loans (AOL) with Presque Isle Township, Michigan, in order to provide for the return of the Historic Fresnel Lens to the lantern room atop the Presque Isle Light Station Lighthouse, Michigan.
(b)Conditions
(1)Compliance with applicable lawAny modification under subsection (a) of the Agreement for Outgoing Loans described in that subsection shall comply with applicable provisions of section 5506 of the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104–208; 110 Stat. 3009–518), relating to the conveyance of the Presque Isle Light Station.
(2)Retention of ownership of lensNotwithstanding the return of the Historic Fresnel Lens pursuant to subsection (a), the United States shall retain ownership of the lens.
(3)Continuing operation of aid to navigationNotwithstanding the return of the Historic Fresnel Lens pursuant to subsection (a), the active aid to navigation, together with associated electronic and lighthouse equipment, at Presque Isle Light Station Lighthouse shall continue to be operated and maintained by the United States within the Historic Third Order Fresnel Lens at the Presque Isle Light Station Lighthouse.


		II
		111th CONGRESS
		2d Session
		S. 4022
		IN THE SENATE OF THE UNITED STATES

			December 9, 2010
			Mr. Lieberman (for
			 himself, Ms. Collins,
			 Mr. Udall of Colorado, and
			 Mrs. Gillibrand) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Armed
			 Services

		A BILL
		To provide for the repeal of the Department of Defense
		  policy concerning homosexuality in the Armed Forces known as Don't Ask,
		  Don't Tell.

		1.Short
			 titleThis Act may be cited as
			 the Don't Ask, Don't Tell Repeal Act
			 of 2010.
		2.Department of
			 Defense policy concerning homosexuality in the Armed Forces
			(a)Comprehensive
			 review on the implementation of a repeal of 10 U.S.C. 654
				(1)In
			 generalOn March 2, 2010, the Secretary of Defense issued a
			 memorandum directing the Comprehensive Review on the Implementation of a Repeal
			 of 10 U.S.C. 654 (section 654 of title 10, United States Code).
				(2)Objectives and
			 scope of reviewThe Terms of Reference accompanying the
			 Secretary's memorandum established the following objectives and scope of the
			 ordered review:
					(A)Determine any
			 impacts to military readiness, military effectiveness and unit cohesion,
			 recruiting/retention, and family readiness that may result from repeal of the
			 law and recommend any actions that should be taken in light of such
			 impacts.
					(B)Determine
			 leadership, guidance, and training on standards of conduct and new
			 policies.
					(C)Determine
			 appropriate changes to existing policies and regulations, including but not
			 limited to issues regarding personnel management, leadership and training,
			 facilities, investigations, and benefits.
					(D)Recommend
			 appropriate changes (if any) to the Uniform Code of Military Justice.
					(E)Monitor and
			 evaluate existing legislative proposals to repeal 10 U.S.C. 654 and proposals
			 that may be introduced in the Congress during the period of the review.
					(F)Assure
			 appropriate ways to monitor the workforce climate and military effectiveness
			 that support successful follow-through on implementation.
					(G)Evaluate the
			 issues raised in ongoing litigation involving 10 U.S.C. 654.
					(b)Effective
			 dateThe amendments made by subsection (f) shall take effect 60
			 days after the date on which the last of the following occurs:
				(1)The Secretary of
			 Defense has received the report required by the memorandum of the Secretary
			 referred to in subsection (a).
				(2)The President
			 transmits to the congressional defense committees a written certification,
			 signed by the President, the Secretary of Defense, and the Chairman of the
			 Joint Chiefs of Staff, stating each of the following:
					(A)That the
			 President, the Secretary of Defense, and the Chairman of the Joint Chiefs of
			 Staff have considered the recommendations contained in the report and the
			 report's proposed plan of action.
					(B)That the
			 Department of Defense has prepared the necessary policies and regulations to
			 exercise the discretion provided by the amendments made by subsection
			 (f).
					(C)That the
			 implementation of necessary policies and regulations pursuant to the discretion
			 provided by the amendments made by subsection (f) is consistent with the
			 standards of military readiness, military effectiveness, unit cohesion, and
			 recruiting and retention of the Armed Forces.
					(c)No immediate
			 effect on current policySection 654 of title 10, United States
			 Code, shall remain in effect until such time that all of the requirements and
			 certifications required by subsection (b) are met. If these requirements and
			 certifications are not met, section 654 of title 10, United States Code, shall
			 remain in effect.
			(d)BenefitsNothing
			 in this section, or the amendments made by this section, shall be construed to
			 require the furnishing of benefits in violation of section 7 of title 1, United
			 States Code (relating to the definitions of marriage and
			 spouse and referred to as the Defense of Marriage
			 Act).
			(e)No private
			 cause of actionNothing in this section, or the amendments made
			 by this section, shall be construed to create a private cause of action.
			(f)Treatment of
			 1993 policy
				(1)Title
			 10Upon the effective date established by subsection (b), chapter
			 37 of title 10, United States Code, is amended—
					(A)by striking
			 section 654; and
					(B)in the table of
			 sections at the beginning of such chapter, by striking the item relating to
			 section 654.
					(2)Conforming
			 amendmentUpon the effective date established by subsection (b),
			 section 571 of the National Defense Authorization Act for Fiscal Year 1994 (10
			 U.S.C. 654 note) is amended by striking subsections (b), (c), and (d).


113 HR 990 IH: Stopping Abuse and Fraud in Electronic Lending Act of 2013
U.S. House of Representatives
2013-03-06
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
		1st Session
		H. R. 990
		IN THE HOUSE OF REPRESENTATIVES

			March 6, 2013
			Ms. Bonamici (for
			 herself, Mr. Cummings,
			 Mr. Blumenauer,
			 Mrs. Davis of California,
			 Mr. Sarbanes,
			 Ms. Norton,
			 Ms. DeLauro,
			 Mr. Conyers,
			 Ms. Linda T. Sánchez of California,
			 Mr. Grijalva,
			 Mr. Ellison,
			 Ms. Waters,
			 Mr. Takano,
			 Mr. McGovern,
			 Mr. Welch,
			 Ms. Lofgren,
			 Ms. Lee of California, and
			 Ms. Chu) introduced the following
			 bill; which was referred to the Committee
			 on Financial Services

		A BILL
		To amend the Truth in Lending Act to address certain
		  issues related to the extension of consumer credit, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Stopping Abuse and Fraud in Electronic
			 Lending Act of 2013 or the SAFE Lending Act of 2013.
		2.Consumer control
			 over bank accounts
			(a)Prohibiting
			 unauthorized remotely created checksSection 905 of the
			 Electronic Fund Transfer Act (15 U.S.C. 1693c) is amended by adding at the end
			 the following:

					(d)Limitations on
				remotely created checks
						(1)In
				generalSubject to the limitations set forth under paragraph (2)
				and any additional limitations that the Bureau may establish, by rule, a
				remotely created check may only be issued by a person designated in writing by
				the consumer, such designation specifically provided in writing by the consumer
				to the insured depository institution at which the consumer maintains the
				account from which the check is to be drawn.
						(2)Additional
				limitations
							(A)In
				generalAn authorization provided under paragraph (1) may be
				revoked at any time by the consumer.
							(B)Consumer
				financial protection lawsNo payment order, including a remotely
				created check, may be issued by any person in response to the exercise of, or
				attempt to exercise, any rights by a consumer under any Federal consumer
				financial law (as defined in section 1002(14) of the Consumer Financial
				Protection Act of 2010 (12 U.S.C. 5481(14))) or any other provision of any law
				or regulation within the jurisdiction of the Bureau.
							(3)Remotely created
				check definedFor purposes of this subsection, the term ‘remotely
				created check’ means a check (including paper and electronic checks and any
				other payment order that the Bureau, by rule, determines is appropriately
				covered by this subsection) that—
							(A)is not created by
				the financial institution that holds the customer account from which the check
				is to be paid; and
							(B)does not bear a
				signature applied, or purported to be applied, by the person from whose account
				the check is to be
				paid.
							.
			(b)Consumer
			 Protections for Certain One-Time Electronic Fund
			 TransfersSection 913 of the Electronic Fund Transfer Act (15
			 U.S.C. 1693k) is amended—
				(1)by inserting
			 (a)
			 In general.— before No person;
				(2)striking
			 preauthorized electronic fund transfers and inserting an
			 electronic fund transfer; and
				(3)by adding at the
			 end the following:

						(b)Treatment for
				electronic fund transfers in credit extensionsIf a consumer
				voluntarily agrees to repay an extension of small-dollar consumer credit
				transaction (as defined in section 110(b) of the Truth in Lending Act) by means
				of an electronic fund transfer, such electronic fund transfer shall be treated
				as a preauthorized electronic fund transfer subject to the protections of this
				title.
						.
				3.Consistent
			 application of law for small-dollar lending
			(a)Consistent
			 application of State law for small-Dollar lendingThe Truth in
			 Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 109
			 the following:

					110.Consistent
				application of law for small-dollar lending
						(a)In
				generalNotwithstanding any other provision of law, and except to
				the extent that Federal or applicable tribal law affords greater protection to
				the consumer, any small-dollar consumer credit transaction made over the
				Internet, telephone, facsimile, mail, electronic mail, or other electronic
				communication, and any small-dollar consumer credit transaction conducted by a
				national bank shall comply with the laws of the State in which the consumer
				resides with respect to annual percentage rates, interest, fees, charges, and
				such other similar or related matters as the Bureau may, by rule,
				determine.
						(b)DefinitionsAs
				used in this section, the term small-dollar consumer credit
				transaction means any transaction that extends, facilitates, brokers,
				arranges, or gathers applications for credit that is—
							(1)made to a consumer
				in an amount of not more than $5,000, or such greater amount as the Bureau may,
				by rule, determine, such amount to be adjusted annually to reflect changes in
				the Consumer Price Index for all urban consumers published by the Department of
				Labor; and
							(2)extended pursuant
				to an agreement that is—
								(A)other than an
				open-end credit plan and is payable in one or more installments of less than 12
				months (or such longer period as the Bureau may, by rule, determine);
								(B)an open-end credit
				plan in which each advance is fully repayable within a defined time or in
				connection with a defined event, or both; or
								(C)such other plan as
				the Bureau determines, by
				rule.
								.
			(b)EnforcementSection
			 130 of the Truth in Lending Act (15 U.S.C. 1640) is amended by inserting
			 section 110, before or chapter 4.
			4.Restrictions on
			 lead generation in small-dollar consumer credit transactionsThe Truth in Lending Act (15 U.S.C. 1601 et
			 seq.) is amended by adding at the end the following:

				140B.Restrictions
				on lead generation in small-dollar consumer credit transactions
					(a)Identification
				informationAny person facilitating, brokering, arranging,
				gathering applications for, or distributing sensitive personal financial
				information in connection with small-dollar consumer credit transactions shall
				prominently disclose information by which they may be contacted or identified,
				including for service of process and for identification of the registrant of
				any domain name registered or used.
					(b)Prohibition on
				lead generation in small-Dollar consumer credit transactionsNo
				person may facilitate, broker, arrange, gather applications for, or distribute
				sensitive personal financial information in connection with small-dollar
				consumer credit transactions, unless the person is directly providing the
				small-dollar consumer credit to the consumer.
					(c)DefinitionsFor
				purposes of this section—
						(1)the term
				sensitive personal financial information means the consumer’s
				Social Security number, financial account number, bank routing number, bank
				account number, or any required security or access code that is immediately
				necessary to permit access to an individual's financial account; and
						(2)the term
				small-dollar consumer credit transaction has the same meaning as
				in section 110(b).
						(d)Rule of
				construction
						(1)In
				generalNothing in this section may be interpreted to limit the
				authority of the Bureau to further restrict activities covered by this
				section.
						(2)ClarificationIt
				shall not be considered facilitating in connection with
				small-dollar consumer credit transactions to be engaged solely in 1 the
				following activities:
							(A)The provision of a
				telecommunications service, or of an Internet access service or Internet
				information location tool (as those terms are defined in section 231 of the
				Communications Act of 1934 (47 U.S.C. 231)).
							(B)The transmission,
				storage, retrieval, hosting, formatting, or translation (or any combination
				thereof) of a communication, without selection or alteration of the content of
				the communication, except that deletion of a particular communication or
				material made by another person in a manner consistent with section 230(c) of
				the Communications Act of 1934 (47 U.S.C.
				230(c)).
							.
		5.Enhanced
			 enforcement authority against certain Internet lendingThe Truth in Lending Act (15 U.S.C. 1601 et
			 seq.) is amended by inserting after section 108 the following:

				108A.Enhanced
				enforcement authority relating to consumer financial activities by certain
				Internet sites
					(a)DefinitionsIn
				this section, the following definitions shall apply:
						(1)ComplainantThe
				term complainant means a State attorney general or State or tribal
				agency with enforcement authority over prohibited activity who files a
				complaint with the Bureau under subsection (d).
						(2)Covered onshore
				personThe term covered onshore person means a State
				government or an Indian tribe.
						(3)Federal consumer
				financial lawThe term Federal consumer financial
				law has the same meaning as in section 1002 of the Consumer Financial
				Protection Act of 2010 (12 U.S.C. 5481).
						(4)Financial
				transaction provider
							(A)In
				generalExcept as provided in subparagraph (B), the term
				financial transaction provider has the same meaning as in
				section 5362(4) of title 31, United States Code.
							(B)ExceptionThe
				term financial transaction provider does not include an Internet
				service platform or an affiliate of an Internet service platform.
							(5)Indian
				tribeThe term Indian tribe has the same meaning as
				in section 4 of the Indian Self-Determination and Education Assistance Act (25
				U.S.C. 450b).
						(6)Internet service
				platformThe term Internet service platform means an
				interactive digital service the provider of which—
							(A)does not act
				merely as a payment intermediary between a user and a supplier of goods or
				services; and
							(B)provides
				additional services to facilitate interaction between users unrelated to
				purchases from suppliers of goods and services.
							(7)Internet
				siteThe term Internet site means the collection of
				digital assets, including links, indexes, or pointers to digital assets,
				accessible through the Internet that are addressed relative to a common domain
				name.
						(8)Covered offshore
				person
							(A)In
				generalThe term covered offshore person means a
				person (and if such person is not known, the Internet site or other electronic
				representation of such person such as a telephone number, text message service,
				or mobile application) that—
								(i)conducts business
				directed to residents of the United States;
								(ii)does not have a
				domain name that is registered or assigned by a domain name registrar, domain
				name registry, or other domain name registration authority that is located
				within a judicial district of the United States; and
								(iii)is not operated
				by an entity that is located within a judicial district of the United
				States.
								(B)Business
				directed to residents of the United StatesFor purposes of making
				a determination under subparagraph (A)(i), the Bureau may consider, among other
				indicators, whether—
								(i)the person
				extends, facilitates, brokers, arranges, or gathers applications for credit to
				persons located in the United States;
								(ii)the person has
				reasonable measures in place to prevent its services from being accessed from
				or delivered to the United States; and
								(iii)any prices for
				goods and services provided are indicated in the currency of the United
				States.
								(9)OperatorThe
				term operator, when used in connection with an Internet site,
				includes any person with authority to operate the Internet site.
						(10)OwnerThe
				term owner, when used in connection with an Internet site,
				includes any owner of a majority interest in the Internet site.
						(11)State consumer
				financial lawThe term State consumer financial law
				means a provision of State law that either constitutes a State consumer
				financial law as that term is defined in section 5136C of title LXII of
				the Revised Statutes of the United States (12 U.S.C. 21 et seq.), or prohibits
				unfair or deceptive acts or practices.
						(b)Applicability of
				sectionIt shall be a violation of this section—
						(1)for a covered
				offshore person to violate an applicable Federal, State, or tribal consumer
				financial law; and
						(2)for a covered
				onshore person to violate an applicable Federal, State, or tribal consumer
				financial law.
						(c)Investigation of
				violations by Bureau
						(1)In
				generalThe Bureau—
							(A)may investigate
				any alleged violation of subsection (b) on its own initiative; and
							(B)shall—
								(i)review any alleged
				violation of subsection (b) upon receiving a complaint filed under subsection
				(d); and
								(ii)adjudicate and
				otherwise investigate and respond to such complaint, as appropriate.
								(2)ConsultationsIn
				taking action under paragraph (1), the Bureau shall, as the Bureau determines
				appropriate, consult with and seek advice and information from the Attorney
				General of the United States, the Federal Trade Commission, the International
				Trade Commission, the Bureau of Indian Affairs (in the case of matters
				involving an Indian tribe), federally recognized Indian tribes (in the case of
				rulemakings involving Indian tribes), and such other agencies and officials as
				the Bureau considers appropriate.
						(3)Limitation on
				investigations of domain names; consent to jurisdictionSubject
				to such limitations as the Bureau may, by rule, determine, the Bureau shall
				terminate, or not initiate, an investigation or adjudication under paragraph
				(1) with respect to a person or a domain name—
							(A)if a person or the
				operator of the Internet site associated with the domain name provides in a
				legal notice on the site accurate information consisting of—
								(i)the name of an
				individual authorized to receive process on behalf of the site;
								(ii)an address at
				which process may be served;
								(iii)a telephone
				number at which the individual described in clause (i) may be contacted;
				and
								(iv)a
				statement that the operator of the site consents to the jurisdiction and venue
				of the United States district courts with respect to a violation of State
				consumer lending laws;
								(B)provided that, in
				the event of the filing of any civil action in the appropriate United States
				district court for a violation of State or tribal consumer lending laws, the
				operator of the Internet site accepts service and waives, in a timely manner,
				any objections to jurisdiction, as set forth in the statement described in
				subparagraph (A)(iv); and
							(C)provided that, any
				limitations on investigations under this subsection shall not apply if—
								(i)any of the
				information provided by the operator is inaccurate in any way; or
								(ii)at any point, the
				relevant party fails to respond to or abide by any order or request of the
				relevant court.
								(4)Rule of
				constructionIt shall not be considered a violation of this
				section to be engaged solely in 1 of the following activities:
							(A)The provision of a
				telecommunications service, or of an Internet access service or Internet
				information location tool (as those terms are defined in section 231 of the
				Communications Act of 1934 (47 U.S.C. 231)).
							(B)The transmission,
				storage, retrieval, hosting, formatting, or translation (or any combination
				thereof) of a communication, without selection or alteration of the content of
				the communication, except that deletion of a particular communication or
				material made by another person in a manner consistent with section 230(c) of
				the Communications Act of 1934 (47 U.S.C. 230(c)).
							(d)Complaints
						(1)In
				generalA complaint alleging, under oath, that a covered onshore
				person or a covered offshore person is in violation of subsection (b) may be
				filed with the Bureau.
						(2)Notice
							(A)In
				generalUpon filing a complaint under paragraph (1), if the
				identity of the covered offshore person is not known, but the Internet site or
				other electronic representation is, the complainant shall send a notice of the
				violation alleged in the complaint to the registrant of the domain name of the
				Internet site (or relevant operator of the electronic representation) alleged
				to be operated or maintained in violation of subsection (b)—
								(i)at
				the postal and e-mail addresses appearing in the applicable publicly accessible
				database of registrations, if any, to the extent such addresses are reasonably
				available;
								(ii)via the postal
				and e-mail addresses of the registrar, registry, or other domain name
				registration authority that registered or assigned the domain name, to the
				extent such addresses are reasonably available; and
								(iii)in any other
				such form as the Bureau finds necessary.
								(B)Rule of
				constructionFor purposes of this subsection, the actions
				described in this paragraph shall constitute service of process.
							(3)Identification
				of, and notice to, entities that may be required to take action pursuant to
				this section
							(A)IdentificationA
				complaint filed under paragraph (1) shall identify any financial transaction
				provider that may be required to take measures described in subsection (g)(2)
				if the Bureau issues an order under subsection (f) with respect to the
				complaint and the order is served on the provider or service pursuant to
				subsection (g)(1).
							(B)NoticeUpon
				filing a complaint under paragraph (1), the complainant shall provide notice to
				any financial transaction provider identified in the complaint pursuant to
				subparagraph (A) or any amendments to the complaint.
							(C)Intervention
								(i)In
				generalA financial transaction provider or identified in a
				complaint pursuant to subparagraph (A) may intervene upon timely request filed
				with the Bureau in—
									(I)an investigation
				initiated under subsection (c) pursuant to the complaint; or
									(II)pursuant to
				subsection (f)(3), an action to modify, suspend, or vacate an order issued
				pursuant to the complaint.
									(ii)Rule of
				constructionFailure to intervene under clause (i) in an
				investigation under subsection (c) does not preclude a financial transaction
				provider notified of the investigation from subsequently seeking an order to
				modify, suspend, or vacate an order issued by the Bureau under subsection
				(f).
								(e)Determinations
						(1)In
				generalThe Bureau shall determine, with respect to each
				investigation initiated under subsection (c), whether the respective covered
				onshore person or covered offshore person under investigation is in violation
				of subsection (b).
						(2)Effective
				dateA determination made under paragraph (1) shall take effect
				on the date on which the Bureau publishes the determination in the Federal
				Register.
						(3)Electronic
				submission of information and proceedingsThe Bureau may, in
				making any determination under this section—
							(A)allow the
				submission of information electronically; and
							(B)hold hearings
				electronically or obtain testimony or other information electronically or by
				such means as the Bureau determines allows participation in proceedings under
				this section at as low a cost as possible to participants in the
				proceedings.
							(f)Cease and desist
				orders
						(1)In
				generalIf the Bureau determines under subsection (e) that the
				covered onshore person or covered offshore person is in violation of subsection
				(b), in addition to any actions which the Bureau could otherwise take, the
				Bureau may—
							(A)issue an order to
				cease and desist from violation of subsection (b) to the covered onshore person
				or covered offshore person (and if the identity of the covered offshore person
				is not known, to the relevant Internet site and to the owner and the operator
				of the Internet site or relevant electronic representation); and
							(B)cause the order to
				be served on the relevant person.
							(2)Temporary and
				preliminary cease and desist orders
							(A)Petition by
				complainantA complainant may file with the Bureau a petition, in
				accordance with this paragraph, for the issuance of a temporary or preliminary
				order.
							(B)Issuance of
				orderIf, upon receiving a petition under subparagraph (A) and
				after providing an opportunity to be heard under subparagraph (C), the Bureau
				determines that the covered onshore person or covered offshore person is in
				violation of subsection (b), in addition to any actions which the Director
				could otherwise take, the Bureau may issue a temporary or preliminary cease and
				desist order against, and cause the order to be served on the relevant person
				pursuant to paragraph (1).
							(C)Opportunity to
				be heard
								(i)In
				generalBefore issuing a temporary or preliminary cease and
				desist order under this paragraph, the Bureau shall provide to any person
				(including any applicable Internet site or electronic representation and the
				owner and the operator of such Internet site or electronic representation)
				alleged to be in violation of subsection (b) an opportunity to be heard and to
				submit relevant information to the Bureau.
								(ii)Electronic
				submission of information and proceedingsThe Bureau may provide
				an opportunity to be heard and to submit information under clause (i)
				electronically or in such other manner as the Bureau determines
				appropriate.
								(D)Standard for
				reliefIf the Bureau issues a temporary or preliminary cease and
				desist order under this paragraph, the order shall be issued in a manner
				consistent with the provisions of rule 65 of the Federal Rules of Civil
				Procedure, or any successor thereto, relating to preliminary injunctions and
				temporary restraining orders.
							(E)Procedures for
				temporary cease and desist order
								(i)Expedited
				considerationUpon a showing of extraordinary circumstances by
				the complainant filing a petition for a temporary cease and desist order under
				subparagraph (A), the Bureau may make a determination with respect to the
				petition on an expedited basis.
								(ii)Expiration of
				order
									(I)In
				generalExcept as provided in subclause (II), a temporary cease
				and desist order issued under this paragraph shall expire at a time determined
				by the Bureau that is not later than 14 days after the issuance of the
				order.
									(II)Extension of
				orderThe Bureau may extend a temporary cease and desist order
				issued under this paragraph for additional periods of not more than 14 days for
				good cause or with the consent of the entity against which the order is
				issued.
									(F)Procedures for
				preliminary cease and desist order
								(i)In
				generalExcept as provided in clause (ii), the Bureau shall make
				a determination with respect to a petition for a preliminary cease and desist
				order not later than 30 days after the Bureau publishes notice of the
				initiation of an investigation under subsection (c) in the Federal
				Register.
								(ii)Extensions of
				time for determinationThe Bureau may extend the date by which
				the Bureau is required to make a determination under clause (i) with respect to
				a petition for a preliminary cease and desist order for an additional 30 days,
				if the Bureau—
									(I)determines that
				the petition presents a more complicated case; and
									(II)publishes in the
				Federal Register an explanation of why the Bureau determined that the case is
				more complicated under subclause (I).
									(3)Modification or
				revocation of orders
							(A)In
				generalAt any time after the issuance of an order under this
				subsection, a motion to modify, suspend, or vacate the order may be filed
				by—
								(i)any covered
				onshore person or covered offshore person bound by the order;
								(ii)the owner or
				operator of any Internet site or electronic representation subject to the
				order;
								(iii)any domain name
				registrar or registry that has registered or assigned the domain name of the
				Internet site subject to the order; or
								(iv)a
				financial transaction provider on which a copy of an order has been served
				pursuant to paragraph (1) of subsection (g) requiring the provider or service
				to take action described in paragraph (2) of that subsection.
								(B)ReliefThe
				Bureau shall modify, suspend, or vacate an order, as appropriate, if the Bureau
				determines that—
								(i)the subject to the
				order is no longer, or never was in violation of subsection (b); or
								(ii)the interests of
				justice require that the order be modified, suspended, or vacated.
								(C)ConsiderationIn
				making a determination under subparagraph (B), the Bureau may consider whether
				any domain name of an Internet site (or the relevant electronic representation)
				subject to the order has expired or has been re-registered by a different
				entity.
							(4)Amendment of
				ordersA complainant may petition the Bureau to amend an order
				issued under this subsection if any relevant an Internet site or electronic
				representation determined under subsection (e) to be in violation of subsection
				(b) is accessible or has been reconstituted at a different domain name.
						(5)Opportunity to
				be heard for certain entitiesBefore the Bureau issues an order
				under this subsection or modifies, suspends, vacates, or amends such an order
				under paragraph (3) or (4), a financial transaction provider that intervened
				pursuant to subsection (d)(3) in an investigation or action relating to the
				order shall have an opportunity to be heard before the Bureau with respect to
				whether the Bureau should issue the order and the scope of relief available
				under the order or whether the Bureau should modify, suspend, vacate, or amend
				the order, as the case may be.
						(6)Expiration of
				orders with respect to internet siteAn order issued under this
				subsection against an Internet site (or relevant electronic representation)
				shall cease to have any force or effect upon expiration of the registration of
				the domain name of the Internet site (or relevant electronic
				representation).
						(g)Required actions
				based on bureau orders
						(1)In
				generalIf the Bureau reasonably believes that a financial
				transaction provider identified in a complaint pursuant to subsection (d)(3),
				or any amendment to the complaint, supplies services to the covered onshore
				person or covered offshore person subject to the order issued under subsection
				(f) with respect to the complaint—
							(A)the Bureau may
				give permission to the complainant to serve a copy of the order on the
				financial transaction provider;
							(B)if the Bureau
				gives permission to the complainant under subparagraph (A), the complainant
				shall file proof of service with the Bureau; and
							(C)upon receiving a
				copy of the order pursuant to subparagraph (A), the financial transaction
				provider shall implement the measures described in paragraph (2).
							(2)Measures to be
				implemented by financial transaction providers
							(A)In
				generalSubject to subparagraph (B), a financial transaction
				provider shall, as expeditiously as is reasonable, take reasonable and
				technically feasible measures, as expeditiously as reasonable, designed to
				prevent or prohibit the completion of payment transactions by the provider that
				involve customers located in the United States and the covered onshore person
				or covered offshore person (including the relevant Internet site or electronic
				representation) subject to the order issued under subsection (f).
							(B)Limitations on
				measuresA financial transaction provider may not be required
				pursuant to subparagraph (A)—
								(i)to implement
				measures that are not commercially reasonable;
								(ii)to modify
				services or facilities of the provider to comply with the order issued under
				subsection (f); or
								(iii)to prevent or
				prohibit the completion of a payment transaction if the provider could not
				reasonably determine in advance whether the entity was using the Internet site
				subject to the order.
								(3)Communication
				with usersA financial transaction provider required to implement
				measures described in paragraph (2) shall determine how to communicate with the
				users or customers of the provider or service, as the case may be, with respect
				to those measures.
						(4)Rules of
				construction
							(A)Limitation on
				obligationsA financial transaction provider required to
				implement measures described in paragraph (2) shall not be required to take
				measures or actions in addition to the measures described in paragraph (2)
				pursuant to this section or an order issued under this section.
							(B)Manner of
				complianceA financial transaction provider required to implement
				measures described in paragraph (2) shall be in compliance with this subsection
				if the provider implements the measures described in that paragraph with
				respect to accounts of the provider, as of the date on which a copy of an order
				is served under paragraph (1) or, if applicable, the date on which the order is
				modified or amended under paragraph (3) or (4) of subsection (f).
							(5)Actions pursuant
				to bureau order
							(A)Immunity from
				civil actionsNo cause of action shall lie in any court against a
				financial transaction provider on which a copy of an order is served under
				paragraph (1), or against any director, officer, employee, or agent thereof,
				other than in an action pursuant to subsection (h), for—
								(i)any act reasonably
				designed to comply with this subsection or reasonably arising from the order;
				or
								(ii)any act, failure,
				or inability to meet the obligations under this subsection of the provider or
				service if the provider or service, as the case may be, makes a good faith
				effort to comply with such obligations.
								(B)Immunity from
				liabilityA financial transaction provider on which a copy of an
				order is served under paragraph (1), and any director, officer, employee, or
				agent thereof, shall not be liable to any person for any acts reasonably
				designed to comply with this subsection or reasonably arising from the order,
				other than in an action pursuant to subsection (h).
							(C)Immunity from
				actions of third partiesAn action taken by a third party to
				circumvent any measures implemented pursuant to an order served on a financial
				transaction provider under paragraph (1) may not be used by any person in any
				claim or cause of action against the provider or service, as the case may be,
				other than in an action pursuant to subsection (h).
							(h)Enforcement of
				orders
						(1)In
				generalIn order to compel compliance with this section, the
				Bureau and any State Attorney General (or other appropriate State or tribal
				entity) having enforcement authority over prohibited activity may bring an
				action for injunctive relief against any person subject to an order issued
				under subsection (f) or on which such an order is served under subsection (g)
				that fails to comply with the order.
						(2)Rule of
				constructionThe authority granted to the Bureau, State, and
				tribal authorities under paragraph (1) shall be the sole legal remedy for
				enforcing the obligations under subsection (g) of a financial transaction
				provider on which an order is served under paragraph (1) of that
				subsection.
						(3)Affirmative
				defensesA defendant in an action commenced under paragraph (1)
				may establish an affirmative defense by showing that the defendant does not
				have the technical means to comply with this section without incurring an
				unreasonable economic burden or that the order is inconsistent with this
				section. That showing shall serve as a defense only to the extent of the
				inability of the defendant to comply or to the extent of the
				inconsistency.
						(i)Sanctions for
				abuse of process and discoveryThe Bureau may, by rule, prescribe
				sanctions for abuse of process in a manner consistent with the provisions of
				rule 11 and rule 37 of the Federal Rules of Civil Procedure.
					(j)Immunity for
				enforcement of ordersNo cause of action shall lie in any court,
				no person may rely on any claim or cause of action, and no liability for
				damages to any person shall be granted, against a financial transaction
				provider for taking any action pursuant to subsection (g)(2).
					(k)Savings
				clauseNothing in this section, including subsection (c), may be
				construed to limit the authority or jurisdiction of the Bureau or any State or
				tribe to review, regulate, investigate, enforce against, or otherwise restrict
				activities covered by this
				section.
					.
		6.StudiesNot later than 180 days after enactment of
			 this section, the Government Accountability Office (in this section referred to
			 as the GAO) shall conduct a study regarding the availability of
			 capital on reservations of Indian tribes (as such term is defined in section 4
			 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b))
			 and the impact that small-dollar consumer credit extended through Internet and
			 non-Internet means to members of Indian tribes has had on economic opportunity
			 and wealth for members of Indian tribes. In conducting the study, the GAO shall
			 consult, as appropriate, with the Bureau of Consumer Financial Protection, the
			 Board of Governors of the Federal Reserve System, the Bureau of Indian Affairs,
			 federally recognized Indian tribes, and community development financial
			 institutions operating in Indian lands. The report shall be presented to the
			 Committee on Banking, Housing, and Urban Affairs and the Committee on Indian
			 Affairs of the Senate and the Committee on Financial Services and the Committee
			 on Natural Resources of the House of Representatives.
		7.RulemakingNot later than 1 year after the date of
			 enactment of this Act, the Bureau shall adopt any final rules necessary to
			 implement the provisions of this Act and the amendments made by this
			 Act.


116 HR 463 IH: Military Retiree Survivor Comfort Act
U.S. House of Representatives
2019-01-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 463IN THE HOUSE OF REPRESENTATIVESJanuary 10, 2019Mr. Jones introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo amend title 10, United States Code, to provide for forgiveness of certain overpayments of
			 retired pay paid to deceased retired members of the Armed Forces.

 1.Short titleThis Act may be cited as the Military Retiree Survivor Comfort Act. 2.Forgiveness of certain overpayments of retired pay paid for periods after death of retired members (a)Forgiveness When Payments Deposited to Joint AccountsSection 2771 of title 10, United States Code, is amended by adding at the end the following new subsection:

 (e)The United States shall forgive any overpayment of retired or retainer pay arising from payment of such retired or retainer pay for any period after the date of the death of the recipient through the last day of the month in which such death occurs if such payment is electronically deposited in an accredited financial institution to a joint account bearing the name of the decedent and another individual who is the decedent’s designated beneficiary under subsection (a)(1)..
 (b)Coordination With Survivor Benefit PlanSection 1450 of title 10, United States Code, is amended— (1)in subsection (a), by inserting or that applies under subsection (n) after under subsection (j); and
 (2)by adding at the end the following new subsection:  (n)Special Effective Date Rule When Final Retired Pay Overpayment Is Forgiven (1)Annuity effective on first day of month after deathIn a case covered by paragraph (2), an annuity payable to a surviving spouse shall be effective on the first day of the first month beginning after the death of the person to whom section 1448 of this title applies, rather than on the date otherwise applicable under subsection (a).
 (2)Covered casesParagraph (1) applies in a case in which— (A)there is an overpayment of retired pay of a person to whom section 1448 of this title applies that is forgiven pursuant to section 2771(e) of this title; and
 (B)the person who is the designated beneficiary of such person under section 2771(a)(1) of this title is the surviving spouse of such person..
 (c)Effective DateSubsection (e) of section 2771 of title 10, United States Code, as added by subsection (a), shall apply with respect to payments made to persons who die on or after the date of the enactment of this Act.


113 HR 1533 IH: Energy Regulatory Public Protection Act
U.S. House of Representatives
2013-04-12
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
		1st Session
		H. R. 1533
		IN THE HOUSE OF REPRESENTATIVES

			April 12, 2013
			Mr. Gerlach
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committee on the
			 Judiciary, for a period
			 to be subsequently determined by the Speaker, in each case for consideration of
			 such provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To establish an Office of Public Advocate within the
		  Department of Justice to provide services and guidance to citizens in dealing
		  with concerns involving the Federal Energy Regulatory Commission, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Energy Regulatory Public Protection
			 Act .
		2.FindingsThe Congress finds that:
			(1)The Federal Energy
			 Regulatory Commission is not adequately informing property owners and local
			 officials on the certificate application approval process.
			(2)The current
			 certificate application approval process at the Commission does not include
			 adequate State and local participation.
			(3)The current certificate application
			 approval process at the Commission does not provide adequate protections for
			 local environmental resources.
			(4)An office of
			 public advocate is necessary to properly represent the interests of property
			 owners and other affected parties during the certificate application approval
			 process, and to properly inform property owners and other parties of their
			 rights during the process, and to provide proper guidance to State and local
			 officials during the process.
			3.Establishment and
			 duties
			(a)Establishment
			 and dutiesThere is hereby
			 established within the Department of Justice an office to be known as the
			 Office of Public Advocate. The office shall represent the
			 interests of members of the general public affected by regulatory matters
			 before the Federal Energy Regulatory Commission, other Commission-related
			 matters before (1) other Federal regulatory agencies, or (2) any court of
			 competent jurisdiction.
			(b)Specific
			 dutiesThe specific duties of the office are as follows:
				(1)To receive and
			 assess comments from all interested parties with respect to project
			 applications before the Federal Energy Regulatory Commission. For purposes of
			 this Act, the term interested parties includes but shall not be
			 limited to, individuals, municipalities, counties, States, or any other
			 for-profit or non-profit entity affected by any proposed project for which an
			 application has been filed with the Commission.
				(2)To submit all such
			 relevant and pertinent comments to the Federal Energy Regulatory Commission,
			 together with its findings and recommendations, regarding the outcome, terms,
			 and conditions of an application for approval.
				(3)To review and
			 assess applicant compliance with orders of the Federal Energy Regulatory
			 Commission and seek full compliance of such orders through the Federal Energy
			 Regulatory Commission, or a court competent jurisdiction, where the applicant
			 fails to comply and such noncompliance is harmful to the health, safety, and
			 welfare of affected parties.
				(4)Within its sole
			 discretion, undertake appeal of any Federal Energy Regulatory Commission order
			 it deems appropriate where the order is harmful to the health, safety, or
			 welfare of affected parties.
				(5)Submit an annual
			 report to the Attorney General, the Federal Energy Regulatory Commission, and
			 Congress regarding its actions and activities in the prior year, together with
			 any recommendations for regulatory or statutory changes to more effectively
			 achieve the goals, purposes, and functions of the office and the Federal Energy
			 Regulatory Commission.


116 HR 142 IH: Social Security Disability Fairness 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. 142IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2019Mr. Rodney Davis of Illinois introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo provide for phased-in payment of Social Security Disability Insurance payments during the waiting period for individuals with a terminal illness.
1.Short titleThis Act may be cited as the Social Security Disability Fairness Act of 2019. 2.Phased-in payment of SSDI benefits during the waiting period for the terminally ill (a)In generalSection 223 of the Social Security Act (42 U.S.C. 423) is amended—
(1)in subsection (a)— (A)in paragraph (1), in the matter following subparagraph (E), by striking or (ii) and inserting (ii) subject to paragraph (2)(B), for each month beginning with the first month during all of which the individual is determined under subparagraph (D) of subsection (d)(2) to be under a disability and in which he becomes so entitled to such insurance benefits, or (iii);
(B)in paragraph (2)— (i)in subparagraph (A), by striking or at the end;
(ii)by redesignating subparagraph (B) as subparagraph (C); (iii)in subparagraph (C), as so redesignated, by striking (ii) and inserting (iii); and
(iv)by inserting after subparagraph (A) the following new subparagraph:  (B)in any case in which clause (ii) of paragraph (1) of this subsection is applicable, the first month for which the individual becomes entitled to such disability insurance benefits, subject to the phase-in percentage period described in paragraph (3)(A), or; and
(C)by adding at the end the following new paragraph:  (3) (A)For purposes of paragraph (2)(B), in any case in which clause (ii) of paragraph (1) of this subsection is applicable, an individual's disability insurance benefit for the earliest period of consecutive calendar months throughout which the individual has been entitled to such insurance benefits shall be equal to the product of the benefit amount determined under paragraph (2)(B) (as determined before application of this paragraph) and—
(i)for the first calendar month, 50 percent; (ii)for the second calendar month, 75 percent; and
(iii)for each subsequent calendar month through the twelfth calendar month, 100 percent. (B)If an individual who has been determined under subparagraph (D) of subsection (d)(2) to be under a disability has been entitled to a disability insurance benefit on such basis for 12 consecutive calendar months, the individual's disability insurance benefit for any month during the subsequent period of 12 consecutive calendar months shall be equal to—
(i)the benefit amount determined under paragraph (2)(B) (as determined before application of subparagraph (A)); minus (ii)the quotient obtained by dividing the total amount of disability insurance benefits provided to the individual during the earliest period of five consecutive calendar months for which the individual was entitled to such benefits on such basis by 12.
(C)If an individual who has been determined under subparagraph (D) of subsection (d)(2) to be under a disability has been entitled to a disability insurance benefit on such basis for 24 consecutive calendar months, the individual's disability insurance benefit for any subsequent month shall be equal to 95 percent of the benefit amount determined under paragraph (2)(B) (as determined before application of subparagraphs (A) and (B)).; and (2)in subsection (d)(2), by adding at the end the following:

(D)For purposes of clause (ii) of paragraph (1) of subsection (a), an individual shall be determined to be under a disability upon submission of a diagnosis of a terminal illness (as defined in section 1861(dd)(3)(A)) that has been certified by not less than 2 physicians (as defined in section 1861(r)(1)) who are not related (as defined in section 267(c)(4) of the Internal Revenue Code) and are not in the same physician group practice.. (b)Reports to Congress (1)Report by Social Security AdministrationNot later than 12 months after the date of the enactment of this Act, and each year thereafter, the Commissioner of Social Security, in coordination with the Inspector General of the Social Security Administration, shall submit to the relevant committees of Congress a report that evaluates the provision of disability insurance benefits to terminally ill individuals, including—
(A)the total number of individuals who— (i)filed applications for disability insurance benefits (as determined under section 223(a)(3) of the Social Security Act) based on a diagnosis of a terminal illness;
(ii)receive such benefits; (iii)die within 6 months of first receiving such benefits;
(iv)die within 12 months of first receiving such benefits; (v)receive such benefits during the period described in section 223(a)(3)(B) of the Social Security Act; and
(vi)receive such benefits during the period described in section 223(a)(3)(C) of the Social Security Act; (B)the total amount expended, including related administrative expenses, for the provision of disability insurance benefits under section 223(a)(3) of the Social Security Act to individuals diagnosed with a terminal illness; and
(C)recommendations for such legislation and administrative actions as are determined appropriate for preventing fraud, waste, and abuse related to such benefits. (2)Report by Government Accountability OfficeNot later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the relevant committees of Congress that evaluates the provision of disability insurance benefits to terminally ill individuals and provides recommendations for such legislation and administrative actions as are determined appropriate to improve the provision of such benefits to such individuals.
(c)Effective date; sunset
(1)In generalSubject to paragraph (2), the amendments made by this section shall apply to benefits payable for months beginning after December 31, 2019. (2)SunsetThe amendments made by subsection (a) shall cease to have effect on January 1, 2025, and upon such date, section 223 of the Social Security Act shall read as if such amendments had not been enacted.


114 SJ 9 IS:  Proposing an amendment to the Constitution of the United States which requires (except during time of war and subject to suspension by Congress) that the total amount of money expended by the United States during any fiscal year not exceed the amount of certain revenue received by the United States during such fiscal year and not exceed 20 percent of the gross domestic product of the United States during the previous calendar year.
U.S. Senate
2015-02-09
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.

IIA114th CONGRESS1st SessionS. J. RES. 9IN THE SENATE OF THE UNITED STATESFebruary 9, 2015Mr. Shelby introduced the following joint resolution; which was read twice and referred to the Committee on the JudiciaryJOINT RESOLUTION Proposing an amendment to the Constitution of the United States which requires (except during time
			 of war and subject to suspension by Congress) that the total amount of
			 money expended by the United States during any fiscal year not exceed the
			 amount of certain revenue received by the United States during such fiscal
			 year and not exceed 20 percent of the gross domestic product of the United
 States during the previous calendar year.That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission by the Congress: —1.The total amount of money expended by the United States in any fiscal year shall not exceed the total amount of revenue received by the United States during such fiscal year, excluding revenue received from the issuance of bonds, notes, or other obligations of the United States.2.The total amount of money expended by the United States in any fiscal year shall not exceed the amount equal to 20 percent of the gross domestic product of the United States during the last calendar year ending before the beginning of such fiscal year.3.Sections 1 and 2 of this Article shall not apply during any fiscal year during any part of which the United States is at war as declared by Congress under section 8 of Article I of the Constitution of the United States.4.Sections 1 and 2 of this Article may be suspended by a concurrent resolution approved by a three-fifths vote of the Members of each House of Congress. Any suspension of sections 1 and 2 of this Article under this section shall be effective only during the fiscal year during which such suspension is approved.5.This Article shall take effect on the first day of the first fiscal year beginning after the date of the adoption of this Article.6.Congress shall have power to enforce this Article by appropriate legislation..