		II
		111th CONGRESS
		1st Session
		S. 141
		IN THE SENATE OF THE UNITED STATES

			January 6, 2009
			Mrs. Feinstein (for
			 herself, Mr. Gregg, and
			 Ms. Snowe) introduced the following bill;
			 which was read twice and referred to the Committee on the Judiciary

		A BILL
		To amend title 18, United States Code, to limit the
		  misuse of Social Security numbers, to establish criminal penalties for such
		  misuse, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited as the Protecting the Privacy of Social Security Numbers
			 Act.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					Sec. 2. Findings.
					Sec. 3. Prohibition of the display, sale,
				or purchase of Social Security numbers.
					Sec. 4. Application of prohibition of the
				display, sale, or purchase of Social Security numbers to public
				records.
					Sec. 5. Rulemaking authority of the
				Attorney General.
					Sec. 6. Treatment of Social Security
				numbers on government documents.
					Sec. 7. Limits on personal disclosure of a
				Social Security number for consumer transactions.
					Sec. 8. Extension of civil monetary
				penalties for misuse of a Social Security number.
					Sec. 9. Criminal penalties for the misuse
				of a Social Security number.
					Sec. 10. Civil actions and civil
				penalties.
					Sec. 11. Federal injunctive
				authority.

			2.FindingsCongress makes the following
			 findings:
			(1)The inappropriate
			 display, sale, or purchase of Social Security numbers has contributed to a
			 growing range of illegal activities, including fraud, identity theft, and, in
			 some cases, stalking and other violent crimes.
			(2)While financial
			 institutions, health care providers, and other entities have often used Social
			 Security numbers to confirm the identity of an individual, the general display
			 to the public, sale, or purchase of these numbers has been used to commit
			 crimes, and also can result in serious invasions of individual privacy.
			(3)The Federal
			 Government requires virtually every individual in the United States to obtain
			 and maintain a Social Security number in order to pay taxes, to qualify for
			 Social Security benefits, or to seek employment. An unintended consequence of
			 these requirements is that Social Security numbers have become one of the tools
			 that can be used to facilitate crime, fraud, and invasions of the privacy of
			 the individuals to whom the numbers are assigned. Because the Federal
			 Government created and maintains this system, and because the Federal
			 Government does not permit individuals to exempt themselves from those
			 requirements, it is appropriate for the Federal Government to take steps to
			 stem the abuse of Social Security numbers.
			(4)The display,
			 sale, or purchase of Social Security numbers in no way facilitates uninhibited,
			 robust, and wide-open public debate, and restrictions on such display, sale, or
			 purchase would not affect public debate.
			(5)No one should
			 seek to profit from the display, sale, or purchase of Social Security numbers
			 in circumstances that create a substantial risk of physical, emotional, or
			 financial harm to the individuals to whom those numbers are assigned.
			(6)Consequently,
			 this Act provides each individual that has been assigned a Social Security
			 number some degree of protection from the display, sale, and purchase of that
			 number in any circumstance that might facilitate unlawful conduct.
			3.Prohibition of
			 the display, sale, or purchase of Social Security numbers
			(a)Prohibition
				(1)In
			 generalChapter 47 of title 18, United States Code, is amended by
			 inserting after section 1028A the following:

						1028B.Prohibition
				of the display, sale, or purchase of Social Security numbers
							(a)DefinitionsIn
				this section:
								(1)DisplayThe
				term display means to intentionally communicate or otherwise make
				available (on the Internet or in any other manner) to the general public an
				individual’s Social Security number.
								(2)PersonThe
				term person means any individual, partnership, corporation, trust,
				estate, cooperative, association, or any other entity.
								(3)PurchaseThe
				term purchase means providing directly or indirectly, anything of
				value in exchange for a Social Security number.
								(4)SaleThe
				term sale means obtaining, directly or indirectly, anything of
				value in exchange for a Social Security number.
								(5)StateThe
				term State means any State of the United States, the District of
				Columbia, Puerto Rico, the Northern Mariana Islands, the United States Virgin
				Islands, Guam, American Samoa, and any territory or possession of the United
				States.
								(b)Limitation on
				displayExcept as provided in section 1028C, no person may
				display any individual’s Social Security number to the general public without
				the affirmatively expressed consent of the individual.
							(c)Limitation on
				sale or purchaseExcept as otherwise provided in this section, no
				person may sell or purchase any individual’s Social Security number without the
				affirmatively expressed consent of the individual.
							(d)Prerequisites
				for consentIn order for consent to exist under subsection (b) or
				(c), the person displaying or seeking to display, selling or attempting to
				sell, or purchasing or attempting to purchase, an individual’s Social Security
				number shall—
								(1)inform the
				individual of the general purpose for which the number will be used, the types
				of persons to whom the number may be available, and the scope of transactions
				permitted by the consent; and
								(2)obtain the
				affirmatively expressed consent (electronically or in writing) of the
				individual.
								(e)ExceptionsNothing
				in this section shall be construed to prohibit or limit the display, sale, or
				purchase of a Social Security number—
								(1)required,
				authorized, or excepted under any Federal law;
								(2)for a public
				health purpose, including the protection of the health or safety of an
				individual in an emergency situation;
								(3)for a national
				security purpose;
								(4)for a law
				enforcement purpose, including the investigation of fraud and the enforcement
				of a child support obligation;
								(5)if the display,
				sale, or purchase of the number is for a use occurring as a result of an
				interaction between businesses, governments, or business and government
				(regardless of which entity initiates the interaction), including, but not
				limited to—
									(A)the prevention of
				fraud (including fraud in protecting an employee’s right to employment
				benefits);
									(B)the facilitation
				of credit checks or the facilitation of background checks of employees,
				prospective employees, or volunteers;
									(C)the retrieval of
				other information from other businesses, commercial enterprises, government
				entities, or private nonprofit organizations; or
									(D)when the
				transmission of the number is incidental to, and in the course of, the sale,
				lease, franchising, or merger of all, or a portion of, a business;
									(6)if the transfer
				of such a number is part of a data matching program involving a Federal, State,
				or local agency; or
								(7)if such number is
				required to be submitted as part of the process for applying for any type of
				Federal, State, or local government benefit or program;
								except
				that, nothing in this subsection shall be construed as permitting a
				professional or commercial user to display or sell a Social Security number to
				the general public.(f)LimitationNothing
				in this section shall prohibit or limit the display, sale, or purchase of
				Social Security numbers as permitted under title V of the Gramm-Leach-Bliley
				Act, or for the purpose of affiliate sharing as permitted under the
				Fair Credit Reporting Act, except
				that no entity regulated under such Acts may make Social Security numbers
				available to the general public, as may be determined by the appropriate
				regulators under such Acts. For purposes of this subsection, the general public
				shall not include affiliates or unaffiliated third-party business entities as
				may be defined by the appropriate
				regulators.
							.
				(2)Conforming
			 amendmentThe chapter analysis for chapter 47 of title 18, United
			 States Code, is amended by inserting after the item relating to section 1028
			 the following:

							1028B. Prohibition of the display, sale,
				or purchase of Social Security
				numbers.

						.
				(b)Study;
			 report
				(1)In
			 generalThe Attorney General shall conduct a study and prepare a
			 report on all of the uses of Social Security numbers permitted, required,
			 authorized, or excepted under any Federal law. The report shall include a
			 detailed description of the uses allowed as of the date of enactment of this
			 Act, the impact of such uses on privacy and data security, and shall evaluate
			 whether such uses should be continued or discontinued by appropriate
			 legislative action.
				(2)ReportNot
			 later than 1 year after the date of enactment of this Act, the Attorney General
			 shall report to Congress findings under this subsection. The report shall
			 include such recommendations for legislation based on criteria the Attorney
			 General determines to be appropriate.
				(c)Effective
			 dateThe amendments made by this section shall take effect on the
			 date that is 30 days after the date on which the final regulations promulgated
			 under section 5 are published in the Federal Register.
			4.Application of
			 Prohibition of the display, sale, or purchase of Social Security numbers to
			 public records
			(a)Public records
			 exception
				(1)In
			 generalChapter 47 of title 18, United States Code (as amended by
			 section 3(a)(1)), is amended by inserting after section 1028B the
			 following:

						1028C.Display,
				sale, or purchase of public records containing Social Security numbers
							(a)DefinitionIn
				this section, the term public record means any governmental record
				that is made available to the general public.
							(b)In
				generalExcept as provided in subsections (c), (d), and (e),
				section 1028B shall not apply to a public record.
							(c)Public records
				on the Internet or in an electronic medium
								(1)In
				generalSection 1028B shall apply to any public record first
				posted onto the Internet or provided in an electronic medium by, or on behalf
				of a government entity after the date of enactment of this section, except as
				limited by the Attorney General in accordance with paragraph (2).
								(2)Exception for
				government entities already placing public records on the Internet or in
				electronic formNot later than 60 days after the date of
				enactment of this section, the Attorney General shall issue regulations
				regarding the applicability of section 1028B to any record of a category of
				public records first posted onto the Internet or provided in an electronic
				medium by, or on behalf of a government entity prior to the date of enactment
				of this section. The regulations will determine which individual records within
				categories of records of these government entities, if any, may continue to be
				posted on the Internet or in electronic form after the effective date of this
				section. In promulgating these regulations, the Attorney General may include in
				the regulations a set of procedures for implementing the regulations and shall
				consider the following:
									(A)The cost and
				availability of technology available to a governmental entity to redact Social
				Security numbers from public records first provided in electronic form after
				the effective date of this section.
									(B)The cost or
				burden to the general public, businesses, commercial enterprises, non-profit
				organizations, and to Federal, State, and local governments of complying with
				section 1028B with respect to such records.
									(C)The benefit to
				the general public, businesses, commercial enterprises, non-profit
				organizations, and to Federal, State, and local governments if the Attorney
				General were to determine that section 1028B should apply to such
				records.
									Nothing in
				the regulation shall permit a public entity to post a category of public
				records on the Internet or in electronic form after the effective date of this
				section if such category had not been placed on the Internet or in electronic
				form prior to such effective date.(d)Harvested
				Social Security numbersSection 1028B shall apply to any public
				record of a government entity which contains Social Security numbers extracted
				from other public records for the purpose of displaying or selling such numbers
				to the general public.
							(e)Attorney
				General rulemaking on paper records
								(1)In
				generalNot later than 60 days after the date of enactment of
				this section, the Attorney General shall determine the feasibility and
				advisability of applying section 1028B to the records listed in paragraph (2)
				when they appear on paper or on another nonelectronic medium. If the Attorney
				General deems it appropriate, the Attorney General may issue regulations
				applying section 1028B to such records.
								(2)List of paper
				and other nonelectronic recordsThe records listed in this
				paragraph are as follows:
									(A)Professional or
				occupational licenses.
									(B)Marriage
				licenses.
									(C)Birth
				certificates.
									(D)Death
				certificates.
									(E)Other short
				public documents that display a Social Security number in a routine and
				consistent manner on the face of the document.
									(3)Criteria for
				Attorney General reviewIn determining whether section 1028B
				should apply to the records listed in paragraph (2), the Attorney General shall
				consider the following:
									(A)The cost or
				burden to the general public, businesses, commercial enterprises, non-profit
				organizations, and to Federal, State, and local governments of complying with
				section 1028B.
									(B)The benefit to
				the general public, businesses, commercial enterprises, non-profit
				organizations, and to Federal, State, and local governments if the Attorney
				General were to determine that section 1028B should apply to such
				records.
									.
				(2)Conforming
			 amendmentThe chapter analysis for chapter 47 of title 18, United
			 States Code (as amended by section 3(a)(2)), is amended by inserting after the
			 item relating to section 1028B the following:

							1028C. Display, sale, or purchase of
				public records containing Social Security
				numbers.

						.
				(b)Study and
			 report on Social Security numbers in public records
				(1)StudyThe
			 Comptroller General of the United States shall conduct a study and prepare a
			 report on Social Security numbers in public records. In developing the report,
			 the Comptroller General shall consult with the Administrative Office of the
			 United States Courts, State and local governments that store, maintain, or
			 disseminate public records, and other stakeholders, including members of the
			 private sector who routinely use public records that contain Social Security
			 numbers.
				(2)ReportNot
			 later than 1 year after the date of enactment of this Act, the Comptroller
			 General of the United States shall submit to Congress a report on the study
			 conducted under paragraph (1). The report shall include a detailed description
			 of the activities and results of the study and recommendations for such
			 legislative action as the Comptroller General considers appropriate. The
			 report, at a minimum, shall include—
					(A)a review of the
			 uses of Social Security numbers in non-federal public records;
					(B)a review of the
			 manner in which public records are stored (with separate reviews for both paper
			 records and electronic records);
					(C)a review of the
			 advantages or utility of public records that contain Social Security numbers,
			 including the utility for law enforcement, and for the promotion of homeland
			 security;
					(D)a review of the
			 disadvantages or drawbacks of public records that contain Social Security
			 numbers, including criminal activity, compromised personal privacy, or threats
			 to homeland security;
					(E)the costs and
			 benefits for State and local governments of removing Social Security numbers
			 from public records, including a review of current technologies and procedures
			 for removing Social Security numbers from public records; and
					(F)an assessment of
			 the benefits and costs to businesses, their customers, and the general public
			 of prohibiting the display of Social Security numbers on public records (with
			 separate assessments for both paper records and electronic records).
					(c)Effective
			 dateThe prohibition with respect to electronic versions of new
			 classes of public records under section 1028C(b) of title 18, United States
			 Code (as added by subsection (a)(1)) shall not take effect until the date that
			 is 60 days after the date of enactment of this Act.
			5.Rulemaking
			 authority of the Attorney General
			(a)In
			 generalExcept as provided in subsection (b), the Attorney
			 General may prescribe such rules and regulations as the Attorney General deems
			 necessary to carry out the provisions of section 1028B(e)(5) of title 18,
			 United States Code (as added by section 3(a)(1)).
			(b)Display, sale,
			 or purchase rulemaking with respect to interactions between businesses,
			 governments, or business and government
				(1)In
			 generalNot later than 1 year after the date of enactment of this
			 Act, the Attorney General, in consultation with the Commissioner of Social
			 Security, the Chairman of the Federal Trade Commission, and such other heads of
			 Federal agencies as the Attorney General determines appropriate, shall conduct
			 such rulemaking procedures in accordance with subchapter II of chapter 5 of
			 title 5, United States Code, as are necessary to promulgate regulations to
			 implement and clarify the uses occurring as a result of an interaction between
			 businesses, governments, or business and government (regardless of which entity
			 initiates the interaction) permitted under section 1028B(e)(5) of title 18,
			 United States Code (as added by section 3(a)(1)).
				(2)Factors to be
			 consideredIn promulgating the regulations required under
			 paragraph (1), the Attorney General shall, at a minimum, consider the
			 following:
					(A)The benefit to a
			 particular business, to customers of the business, and to the general public of
			 the display, sale, or purchase of an individual’s Social Security
			 number.
					(B)The costs that
			 businesses, customers of businesses, and the general public may incur as a
			 result of prohibitions on the display, sale, or purchase of Social Security
			 numbers.
					(C)The risk that a
			 particular business practice will promote the use of a Social Security number
			 to commit fraud, deception, or crime.
					(D)The presence of
			 adequate safeguards, procedures, and technologies to prevent—
						(i)misuse of Social
			 Security numbers by employees within a business; and
						(ii)misappropriation
			 of Social Security numbers by the general public, while permitting internal
			 business uses of such numbers.
						(E)The presence of
			 procedures to prevent identity thieves, stalkers, and other individuals with
			 ill intent from posing as legitimate businesses to obtain Social Security
			 numbers.
					(F)The impact of
			 such uses on privacy.
					6.Treatment of
			 Social Security numbers on government documents
			(a)Prohibition of
			 use of Social Security account numbers on checks issued for payment by
			 governmental agencies
				(1)In
			 generalSection 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) is
			 amended by adding at the end the following:

						(x)No Federal,
				State, or local agency may display the Social Security account number of any
				individual, or any derivative of such number, on any check issued for any
				payment by the Federal, State, or local
				agency.
						.
				(2)Effective
			 dateThe amendment made by this subsection shall apply with
			 respect to violations of section 205(c)(2)(C)(x) of the
			 Social Security Act (42 U.S.C.
			 405(c)(2)(C)(x)), as added by paragraph (1), occurring after the date that is 3
			 years after the date of enactment of this Act.
				(b)Prohibition of
			 inmate access to Social Security account numbers
				(1)In
			 generalSection 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) (as
			 amended by subsection (b)) is amended by adding at the end the
			 following:

						(xi)No Federal, State, or local agency
				may employ, or enter into a contract for the use or employment of, prisoners in
				any capacity that would allow such prisoners access to the Social Security
				account numbers of other individuals. For purposes of this clause, the term
				prisoner means an individual confined in a jail, prison, or other
				penal institution or correctional facility pursuant to such individual’s
				conviction of a criminal
				offense.
						.
				(2)Effective
			 dateThe amendment made by this subsection shall apply with
			 respect to employment of prisoners, or entry into contract with prisoners,
			 after the date that is 1 year after the date of enactment of this Act.
				7.Limits on
			 personal disclosure of a Social Security number for consumer
			 transactions
			(a)In
			 generalPart A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is
			 amended by adding at the end the following:

					1150A.Limits on
				personal disclosure of a Social Security number for consumer
				transactions
						(a)In
				generalA commercial entity may not require an individual to
				provide the individual’s Social Security number when purchasing a commercial
				good or service or deny an individual the good or service for refusing to
				provide that number except—
							(1)for any purpose
				relating to—
								(A)obtaining a
				consumer report for any purpose permitted under the
				Fair Credit Reporting Act;
								(B)a background
				check of the individual conducted by a landlord, lessor, employer, voluntary
				service agency, or other entity as determined by the Attorney General;
								(C)law enforcement;
				or
								(D)a Federal, State,
				or local law requirement; or
								(2)if the Social
				Security number is necessary to verify the identity of the consumer to effect,
				administer, or enforce the specific transaction requested or authorized by the
				consumer, or to prevent fraud.
							(b)Application of
				civil money penaltiesA violation of this section shall be deemed
				to be a violation of section 1129(a)(3)(F).
						(c)Application of
				criminal penaltiesA violation of this section shall be deemed to
				be a violation of section 208(a)(8).
						(d)Limitation on
				class actionsNo class action alleging a violation of this
				section shall be maintained under this section by an individual or any private
				party in Federal or State court.
						(e)State Attorney
				General enforcement
							(1)In
				general
								(A)Civil
				actionsIn any case in which the attorney general of a State has
				reason to believe that an interest of the residents of that State has been or
				is threatened or adversely affected by the engagement of any person in a
				practice that is prohibited under this section, the State, as parens patriae,
				may bring a civil action on behalf of the residents of the State in a district
				court of the United States of appropriate jurisdiction to—
									(i)enjoin that
				practice;
									(ii)enforce
				compliance with such section;
									(iii)obtain damages,
				restitution, or other compensation on behalf of residents of the State;
				or
									(iv)obtain such
				other relief as the court may consider appropriate.
									(B)Notice
									(i)In
				generalBefore filing an action under subparagraph (A), the
				attorney general of the State involved shall provide to the Attorney
				General—
										(I)written notice of
				the action; and
										(II)a copy of the
				complaint for the action.
										(ii)Exemption
										(I)In
				generalClause (i) shall not apply with respect to the filing of
				an action by an attorney general of a State under this subsection, if the State
				attorney general determines that it is not feasible to provide the notice
				described in such subparagraph before the filing of the action.
										(II)NotificationWith
				respect to an action described in subclause (I), the attorney general of a
				State shall provide notice and a copy of the complaint to the Attorney General
				at the same time as the State attorney general files the action.
										(2)Intervention
								(A)In
				generalOn receiving notice under paragraph (1)(B), the Attorney
				General shall have the right to intervene in the action that is the subject of
				the notice.
								(B)Effect of
				interventionIf the Attorney General intervenes in the action
				under paragraph (1), the Attorney General shall have the right to be heard with
				respect to any matter that arises in that action.
								(3)ConstructionFor
				purposes of bringing any civil action under paragraph (1), nothing in this
				section shall be construed to prevent an attorney general of a State from
				exercising the powers conferred on such attorney general by the laws of that
				State to—
								(A)conduct
				investigations;
								(B)administer oaths
				or affirmations; or
								(C)compel the
				attendance of witnesses or the production of documentary and other
				evidence.
								(4)Actions by the
				Attorney General of the United StatesIn any case in which an
				action is instituted by or on behalf of the Attorney General for violation of a
				practice that is prohibited under this section, no State may, during the
				pendency of that action, institute an action under paragraph (1) against any
				defendant named in the complaint in that action for violation of that
				practice.
							(5)Venue; service
				of process
								(A)VenueAny
				action brought under paragraph (1) may be brought in the district court of the
				United States that meets applicable requirements relating to venue under
				section 1391 of title 28, United States Code.
								(B)Service of
				processIn an action brought under paragraph (1), process may be
				served in any district in which the defendant—
									(i)is an inhabitant;
				or
									(ii)may be
				found.
									(f)SunsetThis
				section shall not apply on or after the date that is 6 years after the
				effective date of this
				section.
						.
			(b)Evaluation and
			 reportNot later than the date that is 6 years and 6 months after
			 the date of enactment of this Act, the Attorney General, in consultation with
			 the chairman of the Federal Trade Commission, shall issue a report evaluating
			 the effectiveness and efficiency of section 1150A of the
			 Social Security Act (as added by
			 subsection (a)) and shall make recommendations to Congress as to any
			 legislative action determined to be necessary or advisable with respect to such
			 section, including a recommendation regarding whether to reauthorize such
			 section.
			(c)Effective
			 dateThe amendment made by subsection (a) shall apply to requests
			 to provide a Social Security number occurring after the date that is 1 year
			 after the date of enactment of this Act.
			8.Extension of
			 civil monetary penalties for misuse of a Social Security number
			(a)Treatment of
			 withholding of material facts
				(1)Civil
			 penaltiesThe first sentence of section 1129(a)(1) of the
			 Social Security Act (42 U.S.C.
			 1320a–8(a)(1)) is amended—
					(A)by striking
			 who and inserting who—;
					(B)by striking
			 makes and all that follows through shall be subject
			 to and inserting the following:

							(A)makes, or causes to be made, a
				statement or representation of a material fact, for use in determining any
				initial or continuing right to or the amount of monthly insurance benefits
				under title II or benefits or payments under title VIII or XVI, that the person
				knows or should know is false or misleading;
							(B)makes such a statement or
				representation for such use with knowing disregard for the truth; or
							(C)omits from a statement or
				representation for such use, or otherwise withholds disclosure of, a fact which
				the individual knows or should know is material to the determination of any
				initial or continuing right to or the amount of monthly insurance benefits
				under title II or benefits or payments under title VIII or XVI and the
				individual knows, or should know, that the statement or representation with
				such omission is false or misleading or that the withholding of such disclosure
				is misleading, shall be subject
				to
							;
					(C)by inserting
			 or each receipt of such benefits while withholding disclosure of such
			 fact after each such statement or representation;
					(D)by inserting
			 or because of such withholding of disclosure of a material fact
			 after because of such statement or representation; and
					(E)by inserting
			 or such a withholding of disclosure after such a
			 statement or representation.
					(2)Administrative
			 procedure for imposing penaltiesThe first sentence of section
			 1129A(a) of the Social Security Act
			 (42 U.S.C. 1320a–8a(a)) is amended—
					(A)by striking
			 who and inserting who—; and
					(B)by striking
			 makes and all that follows through shall be subject
			 to and inserting the following:

							(1)makes, or causes
				to be made, a statement or representation of a material fact, for use in
				determining any initial or continuing right to or the amount of monthly
				insurance benefits under title II or benefits or payments under title VIII or
				XVI, that the person knows or should know is false or misleading;
							(2)makes such a
				statement or representation for such use with knowing disregard for the truth;
				or
							(3)omits from a
				statement or representation for such use, or otherwise withholds disclosure of,
				a fact which the individual knows or should know is material to the
				determination of any initial or continuing right to or the amount of monthly
				insurance benefits under title II or benefits or payments under title VIII or
				XVI and the individual knows, or should know, that the statement or
				representation with such omission is false or misleading or that the
				withholding of such disclosure is misleading, shall be subject
				to
							.
					(b)Application of
			 civil money penalties to elements of criminal violationsSection
			 1129(a) of the Social Security Act (42
			 U.S.C. 1320a–8(a)), as amended by subsection (a)(1), is amended—
				(1)by redesignating
			 paragraph (2) as paragraph (4);
				(2)by redesignating
			 the last sentence of paragraph (1) as paragraph (2) and inserting such
			 paragraph after paragraph (1); and
				(3)by inserting
			 after paragraph (2) (as so redesignated) the following:

						(3)Any person (including an
				organization, agency, or other entity) who—
							(A)uses a Social Security account number
				that such person knows or should know has been assigned by the Commissioner of
				Social Security (in an exercise of authority under section 205(c)(2) to
				establish and maintain records) on the basis of false information furnished to
				the Commissioner by any person;
							(B)falsely represents a number to be the
				Social Security account number assigned by the Commissioner of Social Security
				to any individual, when such person knows or should know that such number is
				not the Social Security account number assigned by the Commissioner to such
				individual;
							(C)knowingly alters a Social Security
				card issued by the Commissioner of Social Security, or possesses such a card
				with intent to alter it;
							(D)knowingly displays, sells, or
				purchases a card that is, or purports to be, a card issued by the Commissioner
				of Social Security, or possesses such a card with intent to display, purchase,
				or sell it;
							(E)counterfeits a Social Security card,
				or possesses a counterfeit Social Security card with intent to display, sell,
				or purchase it;
							(F)discloses, uses, compels the
				disclosure of, or knowingly displays, sells, or purchases the Social Security
				account number of any person in violation of the laws of the United
				States;
							(G)with intent to deceive the
				Commissioner of Social Security as to such person’s true identity (or the true
				identity of any other person) furnishes or causes to be furnished false
				information to the Commissioner with respect to any information required by the
				Commissioner in connection with the establishment and maintenance of the
				records provided for in section 205(c)(2);
							(H)offers, for a fee, to acquire for any
				individual, or to assist in acquiring for any individual, an additional Social
				Security account number or a number which purports to be a Social Security
				account number; or
							(I)being an officer or employee of a
				Federal, State, or local agency in possession of any individual’s Social
				Security account number, willfully acts or fails to act so as to cause a
				violation by such agency of clause (vi)(II) or (x) of section 205(c)(2)(C),
				shall be subject to, in addition to any other penalties that may be prescribed
				by law, a civil money penalty of not more than $5,000 for each violation. Such
				person shall also be subject to an assessment, in lieu of damages sustained by
				the United States resulting from such violation, of not more than twice the
				amount of any benefits or payments paid as a result of such
				violation.
							.
				(c)Clarification
			 of treatment of recovered amountsSection 1129(e)(2)(B) of the
			 Social Security Act (42 U.S.C.
			 1320a–8(e)(2)(B)) is amended by striking In the case of amounts
			 recovered arising out of a determination relating to title VIII or XVI,
			 and inserting In the case of any other amounts recovered under this
			 section,.
			(d)Conforming
			 amendments
				(1)Section
			 1129(b)(3)(A) of the Social Security
			 Act (42 U.S.C. 1320a–8(b)(3)(A)) is amended by striking
			 charging fraud or false statements.
				(2)Section
			 1129(c)(1) of the Social Security Act
			 (42 U.S.C. 1320a–8(c)(1)) is amended by striking and
			 representations and inserting , representations, or
			 actions.
				(3)Section
			 1129(e)(1)(A) of the Social Security
			 Act (42 U.S.C. 1320a–8(e)(1)(A)) is amended by striking
			 statement or representation referred to in subsection (a) was
			 made and inserting violation occurred.
				(e)Effective
			 dates
				(1)In
			 generalExcept as provided in paragraph (2), the amendments made
			 by this section shall apply with respect to violations of sections 1129 and
			 1129A of the Social Security Act (42
			 U.S.C. 1320–8 and 1320a–8a), as amended by this section, committed after the
			 date of enactment of this Act.
				(2)Violations by
			 government agents in possession of Social Security
			 numbersSection 1129(a)(3)(I) of the
			 Social Security Act (42 U.S.C.
			 1320a–8(a)(3)(I)), as added by subsection (b), shall apply with respect to
			 violations of that section occurring on or after the effective date described
			 in section 3(c).
				(f)RepealSection
			 201 of the Social Security Protection Act of 2004 is repealed.
			9.Criminal
			 penalties for the misuse of a Social Security number
			(a)Prohibition of
			 wrongful use as personal identification numberNo person may
			 obtain any individual’s Social Security number for purposes of locating or
			 identifying an individual with the intent to physically injure, harm, or use
			 the identity of the individual for any illegal purpose.
			(b)Criminal
			 sanctionsSection 208(a) of the Social Security Act (42 U.S.C. 408(a)) is
			 amended—
				(1)in paragraph (8),
			 by inserting or after the semicolon; and
				(2)by inserting
			 after paragraph (8) the following:

						(9)except as
				provided in subsections (e) and (f) of section 1028B of title 18, United States
				Code, knowingly and willfully displays, sells, or purchases (as those terms are
				defined in section 1028B(a) of title 18, United States Code) any individual’s
				Social Security account number without having met the prerequisites for consent
				under section 1028B(d) of title 18, United States Code; or
						(10)obtains any
				individual’s Social Security number for the purpose of locating or identifying
				the individual with the intent to injure or to harm that individual, or to use
				the identity of that individual for an illegal
				purpose;
						.
				10.Civil actions
			 and civil penalties
			(a)Civil action in
			 State courts
				(1)In
			 generalAny individual aggrieved by an act of any person in
			 violation of this Act or any amendments made by this Act may, if otherwise
			 permitted by the laws or rules of the court of a State, bring in an appropriate
			 court of that State—
					(A)an action to
			 enjoin such violation;
					(B)an action to
			 recover for actual monetary loss from such a violation, or to receive up to
			 $500 in damages for each such violation, whichever is greater; or
					(C)both such
			 actions.
					It shall be
			 an affirmative defense in any action brought under this paragraph that the
			 defendant has established and implemented, with due care, reasonable practices
			 and procedures to effectively prevent violations of the regulations prescribed
			 under this Act. If the court finds that the defendant willfully or knowingly
			 violated the regulations prescribed under this subsection, the court may, in
			 its discretion, increase the amount of the award to an amount equal to not more
			 than 3 times the amount available under subparagraph (B).(2)Statute of
			 limitationsAn action may be commenced under this subsection not
			 later than the earlier of—
					(A)5 years after the
			 date on which the alleged violation occurred; or
					(B)3 years after the
			 date on which the alleged violation was or should have been reasonably
			 discovered by the aggrieved individual.
					(3)Nonexclusive
			 remedyThe remedy provided under this subsection shall be in
			 addition to any other remedies available to the individual.
				(b)Civil
			 penalties
				(1)In
			 generalAny person who the Attorney General determines has
			 violated any section of this Act or of any amendments made by this Act shall be
			 subject, in addition to any other penalties that may be prescribed by
			 law—
					(A)to a civil
			 penalty of not more than $5,000 for each such violation; and
					(B)to a civil
			 penalty of not more than $50,000, if the violations have occurred with such
			 frequency as to constitute a general business practice.
					(2)Determination
			 of violationsAny willful violation committed contemporaneously
			 with respect to the Social Security numbers of 2 or more individuals by means
			 of mail, telecommunication, or otherwise, shall be treated as a separate
			 violation with respect to each such individual.
				(3)Enforcement
			 proceduresThe provisions of section 1128A of the
			 Social Security Act (42 U.S.C.
			 1320a–7a), other than subsections (a), (b), (f), (h), (i), (j), (m), and (n)
			 and the first sentence of subsection (c) of such section, and the provisions of
			 subsections (d) and (e) of section 205 of such Act (42 U.S.C. 405) shall apply
			 to a civil penalty action under this subsection in the same manner as such
			 provisions apply to a penalty or proceeding under section 1128A(a) of such Act
			 (42 U.S.C. 1320a–7a(a)), except that, for purposes of this paragraph, any
			 reference in section 1128A of such Act (42 U.S.C. 1320a–7a) to the Secretary
			 shall be deemed to be a reference to the Attorney General.
				11.Federal
			 injunctive authorityIn
			 addition to any other enforcement authority conferred under this Act or the
			 amendments made by this Act, the Federal Government shall have injunctive
			 authority with respect to any violation by a public entity of any provision of
			 this Act or of any amendments made by this Act.


115 S872 IS: Rural Hospital Access Act of 2017
U.S. Senate
2017-04-06
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.

II115th CONGRESS1st SessionS. 872IN THE SENATE OF THE UNITED STATESApril 6 (legislative day, April 4), 2017Mr. Grassley (for himself, Mr. Schumer, Ms. Stabenow, Mrs. Capito, Mrs. McCaskill, Ms. Baldwin, Mr. Leahy, Mr. Bennet, Mr. McCain, and Mr. Gardner) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XVIII of the Social Security Act to make permanent the extension of the
			 Medicare-dependent hospital (MDH) program and the increased payments under
			 the Medicare low-volume hospital program.

 1.Short titleThis Act may be cited as the Rural Hospital Access Act of 2017. 2.Extension of the Medicare-dependent hospital (MDH) program (a)Extension of payment methodologySection 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended—
 (1)in clause (i), by striking , and before October 1, 2017; and (2)in clause (ii)(II), by striking , and before October 1, 2017.
				(b)Conforming amendments
 (1)Extension of target amountSection 1886(b)(3)(D) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended— (A)in the matter preceding clause (i), by striking , and before October 1, 2017; and
 (B)in clause (iv), by striking through fiscal year 2017 and inserting or a subsequent fiscal year. (2)Permitting hospitals to decline reclassificationSection 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395ww note) is amended by striking fiscal year 2000 through fiscal year 2017 and inserting a subsequent fiscal year.
 3.Extension of the increased payments under the Medicare Low-Volume Hospital ProgramSection 1886(d)(12) of the Social Security Act (42 U.S.C. 1395ww(d)(12)) is amended— (1)in subparagraph (B)—
 (A)in the heading, by inserting for fiscal years 2005 through 2010 after increase; and (B)in the matter preceding clause (i), by striking and for discharges occurring in fiscal year 2018 and subsequent fiscal years;
 (2)in subparagraph (C)(i)— (A)by striking fiscal years 2011 through 2017 each place it appears and inserting fiscal year 2011 and each subsequent year; and
 (B)by striking or portion of fiscal year; and (3)in subparagraph (D)—
 (A)in the heading, by striking Temporary applicable percentage increase and inserting Applicable percentage increase beginning with fiscal year 2011; (B)by striking fiscal years 2011 through 2017, and inserting fiscal year 2011 and each subsequent fiscal year; and
 (C)by striking or the portion of fiscal year each place it appears.


115 HRES 218 IH: Recognizing the importance of the United States-Israel economic relationship and encouraging new areas of cooperation.
U.S. House of Representatives
2017-03-21
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.

IV115th CONGRESS1st SessionH. RES. 218IN THE HOUSE OF REPRESENTATIVESMarch 21, 2017Mr. Ted Lieu of California (for himself, Mr. Allen, Mr. Carbajal, Mr. Cicilline, Mr. Connolly, Mr. Delaney, Mr. DeSantis, Mr. Deutch, Mr. Donovan, Mr. Foster, Ms. Frankel of Florida, Mr. Gene Green of Texas, Mr. Hastings, Ms. Jenkins of Kansas, Ms. Kelly of Illinois, Mr. King of New York, Mr. Lamborn, Mr. Langevin, Mr. Lipinski, Mr. Lowenthal, Mr. Marino, Ms. Moore, Mr. Nadler, Mr. Poe of Texas, Mr. Quigley, Miss Rice of New York, Ms. Rosen, Mr. Roskam, Ms. Ros-Lehtinen, Mr. Serrano, Mr. Swalwell of California, Ms. Velázquez, Ms. Wasserman Schultz, Mr. Yoho, Mr. Rokita, Mrs. Murphy of Florida, and Ms. Meng) submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONRecognizing the importance of the United States-Israel economic relationship and encouraging new
			 areas of cooperation.

 Whereas the deep bond between the United States and Israel is exemplified by its many facets, including the robust economic and commercial relationship;
 Whereas, on April 22, 2017, the United States will celebrate the 32nd anniversary of its free trade agreement with Israel, which was the first free trade agreement entered into by the United States;
 Whereas the United States-Israel Free Trade Agreement established the Joint Committee to facilitate the agreement and collaborate on efforts to increase bilateral cooperation and investment;
 Whereas since the signing of this agreement, two-way trade has multiplied tenfold to over $40,000,000,000 annually;
 Whereas Israel is the third largest importer of United States goods in the Middle East and North Africa region after Saudi Arabia and the United Arab Emirates, despite representing only 2 percent of the region’s population;
 Whereas nearly 40 percent of all investment in the United States from the Middle East and North Africa region comes from Israel;
 Whereas Israel has more companies listed on the NASDAQ Stock Exchange than any other country except for the United States and China;
 Whereas in 1956, the United States-Israel Education Foundation was established to administer the Fulbright Program in Israel, and has facilitated the exchange of nearly 3,300 students between the United States and Israel since its inception;
 Whereas, in 1972, the United States-Israel Binational Science Foundation was established to promote scientific relations between the United States and Israel by supporting collaborative research projects in basic and applied scientific fields, and has generated investments of over $480,000,000 to over 4,000 projects since its inception;
 Whereas Binational Science Foundation grant recipients have included 45 Nobel Laureates, 19 winners of the Albert Lasker Medical Research Award, and 38 recipients of the Wolf Prize;
 Whereas in 1977, the United States-Israel Binational Industrial Research and Development Foundation was established to stimulate, promote, and support non-defense industrial research and development of mutual benefit to both countries in agriculture, communications, life sciences, electronics, electro-optics, energy, healthcare information technology, homeland security, software, water, and other technologies, and has provided over $300,000,000 to over 700 joint projects since its inception;
 Whereas recent successful United States-Israel Binational Industrial Research and Development Foundation projects include the ReWalk system that helps paraplegics walk, a medical teaching simulator for Laparoscopic Hysterectomies, and a new drug to treat chronic gout;
 Whereas in 1978, the United States-Israel Binational Agricultural Research and Development Fund was established as a competitive funding program for mutually beneficial, mission-oriented, strategic and applied research of agricultural problems conducted jointly by United States and Israeli scientists, and has provided over $250,000,000 to over 1,000 projects since its inception;
 Whereas an independent review of the United States-Israel Binational Agricultural Research and Development Fund estimated that the dollar benefits of just 10 of its projects through 2010 came to $440,000,000 in the United States and $300,000,000 in Israel, far exceeding total investment in the program;
 Whereas in 1984, the United States and Israel began convening the Joint Economic Development Group to regularly discuss economic conditions and identify new opportunities for collaboration;
 Whereas, in 1994, the United States-Israel Science and Technology Foundation was established to promote the advancement of science and technology for mutual economic benefit and has developed joint research and development programs that reach 12 States;
 Whereas the United States-Israel Innovation Index, which was developed by the United States-Israel Science and Technology Foundation to track and benchmark innovation relationships, ranks the United States-Israel innovation relationship as top-tier;
 Whereas in 2007, the United States-Israel Binational Industrial Research and Development Foundation’s Energy program was established to provide support for joint United States-Israel research and development of renewable energy and energy efficiency, and has provided $18,000,000 to 20 joint projects since its founding;
 Whereas, since 2011, the United States Department of Energy and the Israeli Ministry of National Infrastructures, Energy, and Water Resources have led an annual United States-Israel Energy Meeting with participants across government agencies to facilitate bilateral cooperation in that sector;
 Whereas, in 2012, Congress passed and President Barack Obama signed into law the United States-Israel Enhanced Security Cooperation Act of 2012 (Public Law 112–150), which set United States policy to expand bilateral cooperation across the spectrum of civilian sectors, including high technology, agriculture, medicine, health, pharmaceuticals, and energy;
 Whereas in 2013, President Obama said in reference to Israel’s contribution to the global economy, That innovation is just as important to the relationship between the United States and Israel as our security cooperation.;
 Whereas, in 2014, Secretary of the Treasury Jacob Lew said, As one of the most technologically-advanced and innovative economies in the world, Israel is an important economic partner to the United States.;
 Whereas, in 2014, Congress passed and President Obama signed into law the United States-Israel Strategic Partnership Act of 2014 (Public Law 113–296), which deepened cooperation on energy, water, agriculture, trade, and defense, and expressed the sense of Congress that Israel is a major strategic partner of the United States;
 Whereas the 2015 Global Venture Capital Confidence Survey ranked the United States and Israel as the two countries with the highest levels of investor confidence in the world; and
 Whereas economic cooperation between the United States and Israel has also thrived at the State and local levels through both formal agreements and bilateral organizations in over 30 States that have encouraged new forms of cooperation in fields such as water conservation, cybersecurity, and alternative energy and farming technologies: Now, therefore, be it

 That the House of Representatives— (1)affirms that the United States-Israel economic partnership has achieved great tangible and intangible benefits to both countries and is a foundational component of the strong alliance;
 (2)recognizes that science and technology innovation present promising new frontiers for United States-Israel economic cooperation, particularly in light of widespread drought, cybersecurity attacks, and other major challenges impacting the United States;
 (3)encourages the President to regularize and expand existing forums of economic dialogue with Israel and foster both public and private sector participation; and
 (4)expresses support for the President to explore new agreements with Israel, including in the fields of energy, water, agriculture, medicine, neurotechnology, and cybersecurity.


		II
		112th CONGRESS
		2d Session
		S. 2909
		IN THE SENATE OF THE UNITED STATES

			May 8, 2012
			Mr. Merkley introduced
			 the following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To require closing costs to be paid by the enterprises
		  with respect to certain refinanced mortgage loans, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Rebuilding Equity Act of
			 2012.
		2.Rebuilding equity
			 program
			(a)In
			 generalThe Federal National Mortgage Association and the Federal
			 Home Loan Mortgage Corporation (in this Act referred to as the
			 enterprises) shall each establish a voluntary program for
			 borrowers who qualify for the Home Affordable Refinance Program carried out by
			 the enterprises, in which the enterprises shall pay for the closing costs
			 associated with applying for and receiving the refinancing when the borrower
			 agrees to refinance into a fully amortizing loan with a term of not longer than
			 20 years.
			(b)InclusionsClosing
			 costs covered by this section shall include—
				(1)application
			 fees;
				(2)credit check
			 costs;
				(3)title search
			 costs; and
				(4)attorneys’ fees
			 associated with closing the transaction, other than attorneys’ fees associated
			 with disputes arising out of the transaction or otherwise ancillary to closing
			 the transaction.


115 S2375 IS: Equifax Consumer Protection and Data Empowerment Act of 2018
U.S. Senate
2018-02-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS2d Session
		S. 2375
		IN THE SENATE OF THE UNITED STATES

			February 5, 2018
			Mr. Brown introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

		A BILL
		To amend the Fair Credit Reporting Act to allow consumers to prohibit certain consumer reporting
			 agencies from releasing any information in the files of those consumers,
			 and for other purposes.

		1.Short title
 This Act may be cited as the Equifax Consumer Protection and Data Empowerment Act of 2018.
		2.Credit locks
 (a)In generalThe Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B (15 U.S.C. 1681c–2) the following:

					605C.Protection of credit information of consumers
						(a)Secure, convenient, accessible, and cost-Free file locks for consumers
 (1)In generalSubject to paragraph (2), each consumer reporting agency described in section 603(p) shall provide to any consumer a secure, convenient, accessible, and cost-free method that, with the express authorization of the consumer, allows that consumer reporting agency to release, or prevents that consumer reporting agency from releasing, any information in the file of the consumer for the purpose of—
 (A)the marketing or extension of credit or insurance; or
 (B)opening any financial account. (2)ProhibitionsWith respect to the method described in paragraph (1)—
 (A)the method may not be used by the consumer reporting agency that provides the method, or by any other person, to collect any information on a consumer that is not necessary for the purposes of preventing the release of information described in that paragraph;
 (B)no information collected under the method may be used for any purpose other than a purpose described in subparagraph (A);
 (C)in offering the method, a credit reporting agency described in section 603(p) may not require a consumer to—
 (i)waive any rights of the consumer; or (ii)indemnify the credit reporting agency with respect to any liabilities that arise from offering the method; and
 (D)the method may not be used by any person to market or advertise any product or service.
 (3)Release of informationNothing in this subsection shall affect the ability of a person with whom a consumer has an account, contract, or debtor-creditor relationship to obtain information regarding the consumer for the purposes of reviewing the account or collecting on the account.
 (b)RegulationsNot later than 18 months after the date of enactment of this section, the Bureau shall prescribe regulations carrying out this section..
 (b)Table of contents amendmentThe table of contents for the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after the item relating to section 605B the following:
				605C. Protection of credit information of consumers..
			3.Permissible purposes of credit reports; disclosure to consumers
 (a)In generalThe Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended— (1)in section 604 (15 U.S.C. 1681b)—
 (A)in subsection (a)— (i)in the matter preceding paragraph (1)—
 (I)by striking Subject to subsection (c), any and inserting Any; and (II)by striking a consumer report and inserting information from the file of a consumer;
 (ii)in paragraph (3)— (I)by striking subparagraphs (A) and (C);
 (II)by redesignating subparagraph (B) as subparagraph (A); (III)by redesignating subparagraphs (D) through (G) as subparagraphs (B) through (E), respectively; and
 (IV)in subparagraph (D), as so redesignated, by striking information— and all that follows through the period at the end of clause (ii) and inserting the following: information to review an account to determine whether the consumer continues to meet the terms of the account; or; and
 (iii)by adding at the end the following:  (7)Pursuant to the express authorization of a consumer, subject to the method provided under section 605C(a) in the case of a consumer reporting agency described in section 603(p).;
 (B)by striking subsection (c); and (C)by redesignating subsections (d) through (g) as subsections (c) through (f), respectively;
 (2)in section 609(a)(1) (15 U.S.C. 1681g(a)(1)), by striking request, except that— and all that follows through the period at the end of subparagraph (B) and inserting the following: request, without regard to whether the information is held by a parent, subsidiary, or affiliate of the consumer reporting agency.;
 (3)in section 612(a)(1)(A) (15 U.S.C. 1681j(a)(1)(A)), by striking once during any 12-month period; and (4)in section 615 (15 U.S.C. 1681m)—
 (A)by striking subsection (d); and (B)by redesignating subsections (e) through (h) as subsections (d) through (g), respectively.
 (b)RegulationsNot later than 18 months after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall issue regulations carrying out section 609(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681g(a)(1)), as amended by subsection (a)(2).
			(c)Technical and conforming amendments
 (1)Consumer Financial Protection Act of 2010Section 1002(12)(F) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481(12)(F)) is amended—
 (A)by striking 615(e) and inserting 615(d); and (B)by striking 1681m(e) and inserting 1681m(d).
 (2)Fair Credit Reporting ActThe Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended— (A)in section 603 (15 U.S.C. 1681a)—
 (i)in subsection (d)(3), in the matter preceding subparagraph (A), by striking section 604(g)(3) and inserting section 604(f)(3); and (ii)in subsection (k)(1)(B)—
 (I)in clause (iii), by striking section 604(a)(3)(D) and inserting section 604(a)(3)(B); and (II)in clause (iv)(I), by striking section 604(a)(3)(F)(ii) and inserting section 604(a)(3)(D);
 (B)in section 621 (15 U.S.C. 1681s)— (i)in subsection (b)(1), in the matter preceding subparagraph (A), by striking persons who furnish information to such agencies, and users of information that are subject to section 615(d) and inserting and persons who furnish information to such agencies; and
 (ii)in subsection (e)(1), in the first sentence, by striking 615(e) and inserting 615(d); (C)in section 623(c)(3) (15 U.S.C. 1681s–2(c)(3)), by striking subsection (e) and inserting subsection (d); and
 (D)in section 625(b) (15 U.S.C. 1681t(b))— (i)in paragraph (1)—
 (I)in subparagraph (A), by striking subsection (c) or (e) of section 604 and inserting section 604(d); (II)by striking subparagraph (D);
 (III)by redesignating subparagraphs (E) through (I) as subparagraphs (D) through (H), respectively; and (IV)in subparagraph (H), as so redesignated, by striking section 615(h) and inserting section 615(g); and
 (ii)in paragraph (5)(F), by striking (e), (f), and (g) and inserting (d), (e), and (f). 4.Enhancement of fraud alert protections (a)In generalSection 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c–1) is amended—
 (1)by striking subsection (a); (2)by redesignating subsections (b) through (h) as subsections (a) through (g), respectively;
 (3)in subsection (a), as so redesignated— (A)in the subsection heading, by striking Extended and inserting Fraud; and
 (B)in paragraph (1)— (i)in the matter preceding subparagraph (A), by striking submits an identity theft report and inserting asserts in good faith a suspicion that the consumer has been or is about to become a victim of fraud or related crime, including identity theft, or has been or will be harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer,;
 (ii)in subparagraph (A), by striking 7-year and inserting 10-year; (iii)by striking subparagraph (B);
 (iv)by redesignating subparagraph (C) as subparagraph (B); (v)in subparagraph (B), as so redesignated—
 (I)by striking extended; and (II)by striking the period at the end and inserting ; and; and
 (vi)by adding at the end the following:  (C)upon the expiration of the period described in subparagraph (A), or a subsequent 10-year period, and in response to a direct request by the consumer or such representative, continue the fraud alert for an additional period of 10 years if the consumer or such representative submits an identity theft report.;
 (4)in subsection (b), as so redesignated— (A)by striking paragraph (2);
 (B)by redesignating paragraphs (1) and (3) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly;
 (C)in the matter preceding subparagraph (A), as so redesignated, by striking Upon the direct request and inserting the following:  (1)In generalUpon the direct request; and
 (D)by adding at the end the following:  (2)Access to free reportsIf a consumer reporting agency includes an active duty alert in the file of an active duty military consumer, the consumer reporting agency shall—
 (A)disclose to the active duty military consumer that the active duty military consumer may request a free copy of the file of the active duty military consumer under section 612(d) during each 1-year period beginning on the date on which the activity duty military alert is requested and ending on the date of the last day that the active duty alert applies to the file of the active duty military consumer; and
 (B)not later than 3 business days after the date on which the active duty military consumer makes a request described in subparagraph (A), provide to the active duty military consumer all disclosures required to be made under section 609, without charge to the active duty military consumer.;
 (5)by amending subsection (c), as so redesignated, to read as follows:  (c)ProceduresEach consumer reporting agency described in section 603(p) shall establish and make available to the public on the Internet website of the consumer reporting agency policies and procedures to comply with this section, including policies and procedures—
 (1)that inform consumers of the availability of fraud alerts, active duty alerts, or the method provided under section 605C(a), as applicable;
 (2)that allow consumers to request fraud alerts and active duty alerts in a simple and easy manner; and
 (3)for asserting in good faith a suspicion that the consumer has been or is about to become a victim of fraud or related crime, including identity theft, or has been or will be harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer, for a consumer requesting a fraud alert.;
 (6)in subsection (d), as so redesignated, by striking paragraphs (1), (2), and (3) and inserting the following:

 (1)paragraphs (1)(A), (1)(C), and (2) of subsection (a), in the case of a referral under subsection (a)(1)(B); and
 (2)subsection (b)(1)(A), in the case of a referral under subsection (b)(1)(B).; (7)in subsection (f), as so redesignated, by inserting ‘‘or has been or will be harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer,’’ after identity theft,; and
 (8)in subsection (g), as so redesignated— (A)in paragraph (1)—
 (i)in the paragraph heading, by striking initial and inserting fraud alerts; (ii)in subparagraph (A), by striking initial; and
 (iii)in subparagraph (B)(i), by striking an initial and inserting a; and (B)in paragraph (2)—
 (i)in the paragraph heading, by striking extended and inserting fraud; (ii)in subparagraph (A), in the matter preceding clause (i), by striking extended and inserting fraud; and
 (iii)in subparagraph (B), by striking an extended and inserting a. (b)Technical and conforming amendmentSection 612(d) of the Fair Credit Reporting Act (15 U.S.C. 1681j(d)) is amended by striking subsections (a)(2) and (b)(2) of section 605A, as applicable and inserting section 605A(a)(2).


116 HR 8764 IH: Stop China’s IP Theft Act
U.S. House of Representatives
2020-11-17
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.

I116th CONGRESS2d SessionH. R. 8764IN THE HOUSE OF REPRESENTATIVESNovember 17, 2020Mrs. Lesko (for herself, Mr. Gaetz, Mr. Van Drew, Mr. Biggs, Mr. Hice of Georgia, Mr. Perry, Mr. Steube, Mr. Riggleman, and Mr. Brooks of Alabama) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo prohibit certain members of the Chinese Communist Party from entering the United States until such time as the Government of the People’s Republic of China ceases the theft of the intellectual property of the United States, and for other purposes.1.Short titleThis Act may be cited as the Stop China’s IP Theft Act.2.FindingsCongress finds the following:(1)China is perpetrating what Secretary of Defense Mark Esper has called the greatest intellectual property theft in human history.(2)A report by the Australian Strategic Policy Institute has found that since 2007 approximately 500 Chinese military scientists were sent to the United States to study. According to the report China has been sending soldiers to study science and engineering in Western universities including the United States as part of a widespread effort to collect military technology.3.Statement of policyIt is the policy of the United States to prohibit the entry of Chinese Communist Party leaders and military and government officials of the People’s Republic of China into the United States until the Government of the People’s Republic of China ceases its efforts to infringe on the intellectual property rights of the United States. 4.Restriction on issuance of visas(a)RestrictionThe Secretary of State may not issue a visa to, and the Secretary of Homeland Security shall deny entry to the United States of, each of the following:(1)senior officials in the Chinese Communist Party, including the Politburo, the Central Committee, and each delegate to the 19th National Congress of the Chinese Communist Party;(2)the spouses and children of the senior officials described in paragraph (1);(3)members of the cabinet of the Government of the People’s Republic of China; and(4)active duty members of the People’s Liberation Army of China.(b)ApplicabilityThe restriction under subsection (a) shall not apply for any year in which the Director of National Intelligence certifies to the Committees on the Judiciary of the House of Representatives and the Senate that the Government of the People’s Republic of China has ceased sponsoring, funding, facilitating, and actively working to support efforts to infringe on the intellectual property rights of citizens and companies of the United States.


		II
		111th CONGRESS
		1st Session
		S. 1101
		IN THE SENATE OF THE UNITED STATES

			May 20, 2009
			Ms. Stabenow (for
			 herself and Mr. Levin) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Federal Food, Drug, and Cosmetic Act to
		  establish a Food Protection Training Institute, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Food Protection Training Institute
			 Act of 2009.
		2.FindingsCongress finds the following:
			(1)There is no
			 mandatory Federal training requirement for State, local, tribal, and
			 territorial food protection officials, and training varies by State.
			(2)In June 2000, the
			 Office of the Inspector General (OIG) of the Department of
			 Health and Human Services released a report on oversight by the Food and Drug
			 Administration (FDA) of State food inspection contracts. In this
			 report the OIG recommended that FDA take steps to promote equivalency among
			 Federal and State food safety standards, inspection programs, and enforcement
			 practices.
			(3)Under contract
			 with the FDA, State employees perform over half of all FDA inspections at
			 domestic food processing plants. Inspections are performed under State laws and
			 authorities, the provisions of the Federal Food, Drug, and Cosmetic Act, or
			 both. In fiscal year 2008, States conducted approximately 10,500 FDA food
			 contract inspections. Overall, States conduct nearly 80,000 inspections
			 annually of food processing plants, but the majority of these inspections are
			 not recognized by FDA as meeting any standard.
			(4)No national
			 accreditation process exists to assure State and local food protection programs
			 provide adequate protections to ensure effectiveness or equivalency to Federal
			 programs.
			3.Food protection
			 training activities and instituteSubchapter D of chapter VII of the Federal
			 Food, Drug, and Cosmetic Act (21 U.S.C. 379k et seq.) is amended by adding at
			 the end the following:

				747.Food
				protection training activities and institute
					(a)DefinitionsIn
				this section—
						(1)the term
				food protection means government regulatory or public health
				activities and programs at the Federal, State, or local level that are targeted
				at ensuring the safety or defense of the food supply—
							(A)from natural,
				accidental, or intentional contamination; and
							(B)through
				prevention, intervention, response to food contamination events, or recovery of
				food systems to restore economic stability and public confidence after a food
				contamination event;
							(2)the term
				food protection officials—
							(A)means government
				employees at the Federal, State, or local level that have direct
				responsibilities for food protection; and
							(B)includes
				environmental health workers, sanitarians, food regulatory officials,
				investigators, communicable disease workers, epidemiologists, laboratory
				workers, and toxicologists; and
							(3)the term
				food regulatory officials includes inspectors responsible for
				enforcing the food protection provisions of this Act.
						(b)Authority of
				the Secretary
						(1)General
				dutiesThe Secretary shall,
				not later than 120 days after the date of enactment of this section—
							(A)create a list of
				uniform food protection training standards for Federal, State, and local food
				regulatory officials and food protection officials as a part of overall
				regulatory program standards in consultation with—
								(i)a
				national association of food protection officials that has membership open to
				food protection officials from all States;
								(ii)State agencies
				responsible for food protection; and
								(iii)local agencies
				responsible for food protection; and
								(B)ensure funding is
				used to advance food protection and the effectiveness and equivalency
				throughout the food protection system of the Nation through a responsive and
				preventive controls framework in an effort to build capacity and create a more
				integrated national food protection system.
							(2)Duties with
				respect to the InstituteThe Secretary shall, not later than 120
				days after the date of enactment of this section—
							(A)in cooperation
				with the organization described in paragraph (1)(A)(i), provide financial,
				technical, and other assistance to establish and maintain a Food Protection
				Training Institute that—
								(i)conducts training
				activities that—
									(I)address food
				protection inspection training standards as directed by the Secretary in
				paragraph (1); and
									(II)meet any program
				standards developed by the Secretary under paragraph (1);
									(ii)prior to fiscal
				year 2010, applied for determination as, or had been determined to be, an
				entity described in section 501(c)(3) of the Internal Revenue Code of
				1986;
								(iii)has
				demonstrated the resources to commit to training no less than 750 food
				protection officials during fiscal year 2010 and no less than 3,000 food
				protection officials during fiscal year 2013; and
								(iv)is governed by a
				board of directors that—
									(I)as of the date of
				establishment, includes—
										(aa)a
				representative from a national association which has, as of fiscal year
				2010—
											(AA)tax exempt
				status under section 501(c)(3) of the Internal Revenue Code of 1986;
											(BB)membership open
				to food protection officials from all States; and
											(CC)governing
				officers who are State food regulatory program officials;
											(bb)a
				representative from a private foundation with assets in excess of
				$5,000,000,000 as of fiscal year 2010; and
										(cc)a
				representative of a Land Grant university; and
										(II)as of fiscal
				year 2010, has received financial support of at least $1,000,000 from a private
				foundation with assets in excess of $5,000,000,000; and
									(B)ensure that the
				activities conducted and assistance provided at such Institute at a minimum
				include—
								(i)providing
				career-specific and career-spanning skills training and continuing education
				for food protection officials and food regulatory officials that
				include—
									(I)entry level, core
				job training;
									(II)intermediate
				level and continuing education training;
									(III)advanced level
				training in specialized areas of food protection; and
									(IV)training of
				elite or expert level food protection officials;
									(ii)developing and
				using multiple and advanced training approaches to reach food protection
				officials including face-to-face courses, on-the-job training, multi-media
				approaches, distance learning, web-based courses, and other innovative and
				effective methods;
								(iii)developing
				criteria and assessing measurable training outcomes;
								(iv)developing
				instructor curriculum and delivery assessment;
								(v)assessing and
				reporting to the Secretary of efforts leading to leveraging food protection
				capability and capacity to support a national integrated food protection
				system; and
								(vi)establishing
				methods to provide timely training in response to emerging food protection
				events in order to minimize public health impacts and recovery.
								(c)Duties of the
				food protection training instituteThe Food Protection Training
				Institute established under subsection (b) shall carry out activities to
				improve the safety of the United States food supply, including—
						(1)advancing the
				effectiveness and equivalency throughout the food protection system of the
				Nation;
						(2)improving the
				response and prevention controls capabilities of the national food protection
				system;
						(3)building capacity
				and the integration of the national food protection system;
						(4)providing
				training and technical assistance with respect to food establishment
				inspections that meet any program standards developed by the Secretary under
				subsection (b)(1);
						(5)offering onsite
				and offsite training for food protection officials from all States;
						(6)establishing a
				national network of trained professionals to present training programs and
				workshops for food protection officials;
						(7)developing
				training materials for use in such programs and workshops;
						(8)acting as a
				clearinghouse for research, studies, and findings concerning all aspects of
				food protection programs, including—
							(A)conducting and
				funding research to improve the effectiveness of food establishment inspection;
				and
							(B)conducting and
				funding research to improve the effectiveness of the duties of food protection
				officials;
							(9)training food
				protection officials to comply with standards established by the Secretary
				through a national network of instructors or other means;
						(10)preparing
				informational materials to promote more efficient and thorough food protection
				inspections;
						(11)assisting State
				agencies in providing additional instructions and instructors, including
				training personnel to comply with the guidance and objectives established by
				the Secretary; and
						(12)any other
				activities determined appropriate by the Secretary.
						(d)Accountability
						(1)Report to the
				SecretaryOn an annual basis, the board of directors of the
				Institute established under subsection (b) shall submit to the Secretary a
				report that describes the activities and progress of such Institute carried out
				under this section during the previous year.
						(2)Report to
				CongressOn an annual basis, the Secretary shall submit to
				Congress a report that describes the activities and progress of the Secretary
				and the Institute established under subsection (b) carried out under this
				section during the previous year.
						(e)Authorization
				of appropriationsThere are
				authorized to be appropriated to carry out this section—
						(1)$20,000,000 for fiscal year 2010;
						(2)$25,000,000 for fiscal year 2011;
				and
						(3)$30,000,000 for each of fiscal years 2012,
				2013, and
				2014.
						.


110 HR 5040 IH: To suspend temporarily the duty on Fluopicolide.
U.S. House of Representatives
2008-01-17
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.

I
110th CONGRESS 2d Session
H. R. 5040
IN THE HOUSE OF REPRESENTATIVES

January 17, 2008
Mr. Costa introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on Fluopicolide.

1.Fluopicolide
(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:

9902.01.002,6-Dichloro-N-{2-[3-chloro-5-(trifluoromethyl)-2-pyridinyl]ethyl}benzamide (CAS No. 239110–15–7) (provided for in subheading 2933.39.21)FreeNo 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.


109 HR 4047 IH: Rescind the Congressional Pay Raise Act of 2005
U.S. House of Representatives
2005-10-07
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
109th CONGRESS
1st Session
H. R. 4047
IN THE HOUSE OF REPRESENTATIVES

October 7, 2005
Mr. Miller of Florida (for himself, Mr. Paul, Mr. Bartlett of Maryland, Mr. Kind, Mr. Shimkus, Mr. Davis of Tennessee, Mr. Simmons, Mr. Coble, Mrs. Emerson, Mr. Matheson, Mr. Green of Wisconsin, Mr. Hall, Mr. Flake, Mr. Bradley of New Hampshire, Mr. Barrett of South Carolina, Mr. Gingrey, Mr. Kennedy of Minnesota, Mr. Gibbons, and Mr. English of Pennsylvania) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend the Legislative Reorganization Act of 1946 to reduce the rate of pay, and to eliminate automatic pay adjustments, for Members of Congress.

1.Short titleThis Act may be cited as the Rescind the Congressional Pay Raise Act of 2005.
2.AmendmentSection 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) is amended to read as follows:

601.
(a)Until otherwise provided for by law (including pursuant to section 225 of the Federal Salary Act of 1967), the annual rate of pay for—
(1)each Senator, Member of the House of Representatives, and Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico,
(2)the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representatives, and
(3)the Speaker of the House of Representatives,shall be the rate payable for those respective positions as of December 31, 2004..
3.Effective dateThis Act shall take effect on the first day of the first pay period commencing after the next election of Representatives (within the meaning of the 27th article of amendment to the Constitution of the United States) occurring after the date of the enactment of this Act.


		II
		Calendar No. 280
		112th CONGRESS
		2d Session
		S. 883
		[Report No. 112–118]
		IN THE SENATE OF THE UNITED STATES

			May 4, 2011
			Mr. Lieberman (for
			 himself, Mr. Grassley,
			 Ms. Landrieu, and
			 Mr. Coons) introduced the following bill;
			 which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			January 13, 2012
			Reported under authority of the order of the Senate of
			 December 17, 2011, by Mr. Bingaman, without
			 amendment

		A BILL
		To authorize National Mall Liberty Fund D.C. to establish
		  a memorial on Federal land in the District of Columbia to honor free persons
		  and slaves who fought for independence, liberty, and justice for all during the
		  American Revolution.

		1.FindingCongress finds that the contributions of
			 free persons and slaves who fought during the American Revolution were of
			 preeminent historical and lasting significance to the United States, as
			 required by section 8908(b)(1) of title 40, United States Code.
		2.DefinitionsIn this Act:
			(1)Federal
			 land
				(A)In
			 generalThe term Federal land means the parcel of
			 land—
					(i)identified as
			 Area I; and
					(ii)depicted on the
			 map numbered 869/86501B and dated June 24, 2003.
					(B)ExclusionThe
			 term Federal land does not include the Reserve (as defined in
			 section 8902(a) of title 40, United States Code).
				(2)MemorialThe
			 term memorial means the memorial authorized to be established
			 under section 3(a).
			3.Memorial
			 authorization
			(a)AuthorizationIn accordance with subsections (b) and (c),
			 National Mall Liberty Fund D.C. may establish a memorial on Federal land in the
			 District of Columbia to honor the more than 5,000 courageous slaves and free
			 Black persons who served as soldiers and sailors or provided civilian
			 assistance during the American Revolution.
			(b)Prohibition on
			 use of Federal fundsNational Mall Liberty Fund D.C. may not use
			 Federal funds to establish the memorial.
			(c)Applicable
			 lawNational Mall Liberty Fund D.C. shall establish the memorial
			 in accordance with chapter 89 of title 40, United States Code.
			4.Repeal of joint
			 resolutionsPublic Law 99–558
			 (110 Stat. 3144) and Public Law 100–265 (102 Stat. 39) are repealed.

		January 13, 2012
		Reported without amendment


		I
		112th CONGRESS
		1st Session
		H. R. 3565
		IN THE HOUSE OF REPRESENTATIVES

			December 6, 2011
			Mr. Flores introduced
			 the following bill; which was referred to the
			 Committee on House
			 Administration, and in addition to the Committees on
			 Oversight and Government
			 Reform, Agriculture,
			 Rules, and
			 Financial Services, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To reduce the salaries of Members of Congress if a
		  Federal budget deficit exists, prohibit commodities and securities trading
		  based on non-public information relating to Congress, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Reconnecting Congress with America Act
			 of 2011.
		2.Reduction in
			 salaries of Members of Congress in response to federal budget deficit
			(a)Determination of
			 salariesThe annual rate of
			 pay for a Member of Congress (including a Delegate or Resident Commissioner to
			 the Congress) for pay periods occurring in a calendar year shall be equal to
			 the following:
				(1)If, with respect to the most recent fiscal
			 year ending before that calendar year, the Federal deficit was equal to or
			 greater than 3 percent of the gross domestic product, 80% of the base rate
			 applicable to the Member.
				(2)If, with respect to the most recent fiscal
			 year ending before that calendar year, the Federal deficit was less than 3
			 percent of the gross domestic product, 90% of the base rate applicable to the
			 Member.
				(3)If, with respect to the most recent fiscal
			 year ending before that calendar year, there was no Federal deficit, 100% of
			 the base rate applicable to the Member.
				(b)Federal
			 deficit
				(1)DefinitionFor purposes of this section, the term
			 Federal deficit means, with respect to a fiscal year, the amount
			 by which outlays of the Federal Government exceeded receipts of the Government
			 for that fiscal year.
				(2)Report by
			 secretary of the treasuryNot
			 later than 30 days after the end of each fiscal year (beginning with fiscal
			 year 2011), the Secretary of the Treasury shall—
					(A)make a
			 determination of the gross domestic product for that fiscal year;
					(B)make a
			 determination of whether a Federal deficit existed with respect to that fiscal
			 year, and, if so, the amount of such Federal deficit; and
					(C)submit a report of
			 such determinations to Congress.
					(c)Base
			 rateFor purposes of this section, the base rate
			 applicable to a Member of Congress means—
				(1)in the case of the
			 Speaker of the House of Representatives, $223,500;
				(2)in the case of the
			 President pro tempore of the Senate, the majority leader and the minority
			 leader of the Senate, and the majority leader and the minority leader of the
			 House of Representatives, $193,400; and
				(3)in the case of any
			 other Member of Congress, $174,000.
				(d)Conforming
			 amendmentSection 601(a) of the Legislative Reorganization Act of
			 1946 (2 U.S.C. 31) is repealed.
			(e)Effective
			 date
				(1)In
			 generalThis section and the
			 amendments made by this section shall apply with respect to pay periods
			 occurring on or after January 1, 2013.
				(2)Sense of
			 congress regarding voluntary return of salaryIt is the sense of
			 Congress that, during pay periods occurring after the date of enactment of this
			 Act and prior to the date referred to in paragraph (1), each Member of Congress
			 should voluntarily adjust the amount of the Member’s salary to reflect the
			 annual rates of pay that will take effect on such date.
				3.Retirement
			 contributions for Members of Congress
			(a)Civil Service
			 Retirement System
				(1)Member
			 contributionNotwithstanding any provision of subsection
			 (a)(1)(A) or (k)(1)(A) of section 8334 of title 5, United States Code, for any
			 period beginning on or after date of enactment of this Act, the contributions
			 payable by a Member of Congress under such provision for such period shall be
			 equal to the percentage that would otherwise apply plus 4.9 percentage
			 points.
				(2)Government
			 contributionNotwithstanding
			 any provision of subsection (a)(1)(B) or (k)(1)(B) of section 8334 of such
			 title, for any period beginning on or after date of enactment of this Act, the
			 contributions payable under such provision for a Member of Congress shall be
			 equal to the percentage that would otherwise apply minus 4.9 percentage
			 points.
				(b)Federal
			 Employees’ Retirement System
				(1)Member
			 contributionNotwithstanding
			 any provision of section 8422(a) of title 5, United States Code, for any period
			 beginning on or after date of enactment of this Act, the contributions payable
			 by a Member of Congress under such provision for such period shall be equal to
			 the percentage that would otherwise apply plus 4.9 percentage points.
				(2)Government
			 contributionNotwithstanding
			 any provision of section 8423 of such title, for any period beginning on or
			 after date of enactment of this Act, the contributions payable under such
			 provision for a Member of Congress shall be equal to the percentage that would
			 otherwise apply (disregarding paragraph (1)) minus 4.9 percentage
			 points.
				4.Prohibiting
			 commodities and securities trading based on nonpublic information relating to
			 congress
			(a)Nonpublic
			 information relating to Congress and other Federal employees
				(1)Commodities
			 transactionsSection 4c of the Commodity Exchange Act (7 U.S.C.
			 6c) is amended by adding at the end the following:

						(h)Nonpublic
				information relating to CongressNot later than 270 days after the date of
				enactment of this subsection, the Commission shall by rule prohibit any person
				from buying or selling any commodity for future delivery or swap while such
				person is in possession of material nonpublic information, as defined by the
				Commission, relating to any pending or prospective legislative action relating
				to such commodity if—
							(1)such information
				was obtained by reason of such person being a Member or employee of Congress;
				or
							(2)such information
				was obtained from a Member or employee of Congress, and such person knows that
				the information was so obtained.
							(i)Nonpublic
				information relating to other Federal employees
							(1)RulemakingNot later than 270 days after the date of
				enactment of this subsection, the Commission shall by rule prohibit any person
				from buying or selling any commodity for future delivery or swap while such
				person is in possession of material nonpublic information derived from Federal
				employment and relating to such commodity if—
								(A)such information
				was obtained by reason of such person being an employee of an agency, as such
				term is defined in section 551(1) of title 5, United States Code; or
								(B)such information
				was obtained from such an employee, and such person knows that the information
				was so obtained.
								(2)Material
				nonpublic informationFor
				purposes of this subsection, the term material nonpublic
				information means any information that an employee of an agency (as such
				term is defined in section 551(1) of title 5, United States Code) gains by
				reason of Federal employment and that such employee knows or should know has
				not been made available to the general public, including information
				that—
								(A)is routinely
				exempt from disclosure under section 552 of title 5, United States Code, or
				otherwise protected from disclosure by statute, Executive order, or
				regulation;
								(B)is designated as
				confidential by an agency; or
								(C)has not actually
				been disseminated to the general public and is not authorized to be made
				available to the public on
				request.
								.
				(2)Securities
			 transactionsSection 10 of
			 the Securities Exchange Act of 1934 (15 U.S.C. 78j) is amended by adding at the
			 end the following:

						(d)Nonpublic
				information relating to CongressNot later than 270 days after the date of
				enactment of this subsection, the Commission shall by rule prohibit any person
				from buying or selling the securities or security based swaps of any issuer
				while such person is in possession of material nonpublic information, as
				defined by the Commission, relating to any pending or prospective legislative
				action relating to such issuer if—
							(1)such information
				was obtained by reason of such person being a Member or employee of Congress;
				or
							(2)such information
				was obtained from a Member or employee of Congress, and such person knows that
				the information was so obtained.
							(e)Nonpublic
				information relating to other Federal employees
							(1)RulemakingNot
				later than 270 days after the date of enactment of this subsection, the
				Commission shall by rule prohibit any person from buying or selling the
				securities or security based swaps of any issuer while such person is in
				possession of material nonpublic information derived from Federal employment
				and relating to such issuer if—
								(A)such information
				was obtained by reason of such person being an employee of an agency, as such
				term is defined in section 551(1) of title 5, United States Code; or
								(B)such information
				was obtained from such an employee, and such person knows that the information
				was so obtained.
								(2)Material
				nonpublic informationFor
				purposes of this subsection, the term material nonpublic
				information means any information that an employee of an agency (as such
				term is defined in section 551(1) of title 5, United States Code) gains by
				reason of Federal employment and that such employee knows or should know has
				not been made available to the general public, including information
				that—
								(A)is routinely
				exempt from disclosure under section 552 of title 5, United States Code, or
				otherwise protected from disclosure by statute, Executive order, or
				regulation;
								(B)is designated as
				confidential by an agency; or
								(C)has not actually
				been disseminated to the general public and is not authorized to be made
				available to the public on
				request.
								.
				(b)Committee
			 hearings on implementation
				(1)In
			 generalThe Committee on
			 Agriculture of the House of Representatives shall hold a hearing on the
			 implementation by the Commodity Futures Trading Commission of subsections (h)
			 and (i) of section 4c of the Commodity Exchange Act (as added by subsection
			 (a)), and the Committee on Financial Services of the House of Representatives
			 shall hold a hearing on the implementation by the Securities Exchange
			 Commission of subsections (d) and (e) of section 10 of the Securities Exchange
			 Act of 1934 (as added by subsection (a)).
				(2)Exercise of
			 rulemaking authorityParagraph (1) is enacted—
					(A)as an exercise of
			 the rulemaking power of the House of Representatives and, as such, shall be
			 considered as part of the rules of the House, and such rules shall supersede
			 any other rule of the House only to the extent that rule is inconsistent
			 therewith; and
					(B)with full recognition of the constitutional
			 right of the House to change such rules (so far as relating to the procedure in
			 the House) at any time, in the same manner, and to the same extent as in the
			 case of any other rule of the House.
					5.Sense of Congress
			 regarding application of laws to membersIt is the sense of Congress that any law
			 enacted by Congress should apply to Members of Congress in the same manner and
			 to the same extent as the law applies to other individuals.


114 S453 IS: Veteran Emergency Medical Technician Support Act of 2015
U.S. Senate
2015-02-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 453IN THE SENATE OF THE UNITED STATESFebruary 11, 2015Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Public Health Service Act to provide grants to States to streamline State requirements
			 and procedures for veterans with military emergency medical training to
 become civilian emergency medical technicians.1.Short titleThis Act may be cited as the Veteran Emergency Medical Technician Support Act of 2015.2.Assisting
			 veterans with military emergency medical training to meet requirements for
 becoming civilian emergency medical techniciansPart B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 314 the following:315.Assisting
				veterans with military emergency medical training to meet
			 requirements for
 becoming civilian emergency medical technicians(a)ProgramThe Secretary shall establish a program consisting of awarding demonstration grants to States to streamline State requirements and procedures in order to assist veterans who completed military emergency medical technician training while serving in the Armed Forces of the United States to meet certification, licensure, and other requirements applicable to becoming an emergency medical technician in the State.(b)Use of
 fundsAmounts received as a demonstration grant under this section shall be used to prepare and implement a plan to streamline State requirements and procedures as described in subsection (a), including by—(1)determining the extent to which the requirements for the education, training, and skill level of emergency medical technicians in the State are equivalent to requirements for the education, training, and skill level of military emergency medical technicians; and(2)identifying methods, such as waivers, for military emergency medical technicians to forego or meet any such equivalent State requirements.(c)EligibilityTo be eligible for a grant under this section, a State shall demonstrate that the State has a shortage of emergency medical technicians.(d)ReportThe Secretary shall submit to the Congress an annual report on the program under this section.(e)FundingNo additional funds are authorized to be appropriated to carry out this section, and this section shall be carried out using amounts otherwise available for such purpose..