115 SRES 744 IS: Recognizing May 3, 2018, as the 30th anniversary of the National Day of Prayer established under the Act entitled “An Act to provide for setting aside the first Thursday in May as the date on which the National Day of Prayer is celebrated”, approved May 5, 1988, which was signed by President Ronald Reagan on May 5, 1988.
U.S. Senate
2019-01-02
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.

		III
		115th CONGRESS
		2d Session
		S. RES. 744
		IN THE SENATE OF THE UNITED STATES

			January 2, 2019
			Mr. Lankford (for himself, Mr. King, Mr. Cotton, Mr. Wicker, Mr. Daines, Mr. Risch, Mrs. Ernst, Mr. Blunt, Ms. Heitkamp, Mr. Hoeven, Mr. Cassidy, Mr. Boozman, Mr. Kennedy, and Mr. Rubio) submitted the following resolution; which was referred to the Committee on the Judiciary

		RESOLUTION
		Recognizing May 3, 2018, as the 30th anniversary of the National Day of Prayer established under
			 the Act entitled An Act to provide for setting aside the first Thursday in May as the date on which the National Day
			 of Prayer is celebrated, approved May 5, 1988, which was signed by President Ronald Reagan on May 5, 1988.

 Whereas section 119 of title 36, United States Code, states that, The President shall issue each year a proclamation designating the first Thursday in May as a National Day of Prayer on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals.;
 Whereas May 3, 2018, marks the 30th anniversary of the National Day of Prayer established under the Act entitled An Act to provide for setting aside the first Thursday in May as the date on which the National Day of Prayer is celebrated, approved May 5, 1988 (Public Law 100–307; 102 Stat. 456) (referred to in this preamble as Public Law 100–307), which was signed by President Ronald Reagan on May 5, 1988, and later codified as section 119 of title 36, United States Code;
 Whereas, as Senator Jesse Helms stated on the day the vehicle that would become Public Law 100–307 passed the Senate—
 (1)Designating the first Thursday in May as the National Day of Prayer allows the people of the United States to plan and prepare to intercede as a corporate body on behalf of the Nation and its leaders from year to year with certainty.; and
 (2)[T]he magnitude of America's problems, within and without the country, evidence a need for divine healing and guidance.;
 Whereas, as Representative Tony Hall stated on the day the vehicle that would become Public Law 100–307 passed the House of Representatives, This will help to bring more certainty to the scheduling of events related to the National Day of Prayer, and permit more effective long-range planning. For the past 7 years, the day has been observed in May, but before this period it was observed at different times of the year. Clarifying legislation is needed to ensure consistent and dependable observance of the National Day of Prayer.;
 Whereas the United States has a long history of turning to prayer both in times of crisis and in times of thanksgiving, as demonstrated on the following occasions:
 (1)President Barack Obama stated in Presidential Proclamation No. 9441 of May 4, 2016 (81 Fed. Reg. 27983), In times of steady calm and extraordinary change alike, Americans of all walks of life have long turned to prayer to seek refuge, demonstrate gratitude, and discover peace. Sustaining us through great uncertainty and moments of sorrow, prayer allows us an outlet for introspection, and for expressing our hopes, desires, and fears. It offers strength in the face of hardship, and redemption when we falter. Our country was founded on the idea of religious freedom, and we have long upheld the belief that how we pray and whether we pray are matters reserved for an individual's own conscience. On National Day of Prayer, we rededicate ourselves to extending this freedom to all people..
 (2)President Donald Trump stated in Presidential Proclamation No. 9634 of September 1, 2017 (82 Fed. Reg. 42439), I urge Americans of all faiths and religious traditions and backgrounds to offer prayers today for all those harmed by Hurricane Harvey, including people who have lost family members or been injured, those who have lost homes or other property, and our first responders, law enforcement officers, military personnel, and medical professionals leading the response and recovery efforts. Each of us, in our own way, may call upon our God for strength and comfort during this difficult time. I call on all Americans and houses of worship throughout the Nation to join in one voice of prayer, as we seek to uplift one another and assist those suffering from the consequences of this terrible storm..
 (3)On September 5, 2017, in response to Hurricane Harvey, Minority Leader of the Senate Chuck Schumer said on the floor of the Senate, Right now, large parts of the fourth largest city in our country remain underwater. I extend my most heartfelt sympathies to the people of Houston and to those across parts of Texas and Louisiana who are just beginning a long road to recovery from Hurricane Harvey. Having lived through Hurricane Sandy in my home State of New York, I remember the agonies of families who lost their homes, lost their businesses, and, particularly in the first month, had a sense of helplessness about what had happened to them. Our thoughts and prayers are with everyone in Houston..
 (4)On June 14, 2017, after the shooting in Alexandria, Virginia— (A)Senator James Lankford said in a prayer on the floor of the Senate, [A]s I have walked through the hallways heading back and forth to different meetings, I have been interested to see many doors that I have walked by, and when those doors were open, I could hear people inside praying. There have been at least three organized prayer meetings on the Hill today, specifically related just to that, and others spontaneously occurring. Just for a moment we have the opportunity to be able to reflect and say to God: Thank You so much for protecting the people on that field. Thank you again to the Capitol Police, who literally put their lives on the line to protect the guests and the Members and staff here every single day … I would like to be able to join what is happening all over this Hill for just a moment in this room—for us to be able to pray for a moment … .;
 (B)Minority Leader of the House of Representatives Nancy Pelosi said on the floor of the House of Representatives, You may not know this, my colleagues, but every time I pray, which is very frequently, and certainly every Sunday, I pray for all of you, all of you together. In the earlier years, I used to pray for your happiness, for the fact that we would, working together, heed the words of President Kennedy in the closing of his inaugural address when he said: … God's work must truly be our own. How do we view what God’s will is for us? How do we come together to give confidence to the American people? As our Founders intended, we would have our disagreements and we would debate them, and we would have confidence in our beliefs and humility to listen to others. But in more recent years, I have been praying not only for that, but for our safety … My prayer is that we can resolve our differences in a way that furthers the preamble to the Constitution, takes us closer to e pluribus unum. And today, again, it is in the family. It is an injury in the family for the staff and for our colleague and for his leadership.; and
 (C)Speaker of the House of Representatives Paul Ryan said on the floor of the House of Representatives, My colleagues, there are so many memories from this day that we will want to forget, and there are so many images that we will not want to see again. But there is one image in particular that this House should keep, and that is a photo I saw this morning of our Democratic colleagues gathered in prayer this morning after hearing the news … So before this House returns to its business, let’s just slow down and reflect to think about how we are all being tested right now, because we are being tested right now. I ask each of you to join me to resolve to come together, to lift each other up, and to show the country, to show the world, that we are one House, the people’s House, united in our humanity. It is that humanity which will win the day, and it always will. God bless..
 (5)On September 28, 2017, Representative Steve Scalise, marking his return to the House of Representatives after being shot on a baseball field in Alexandria, Virginia, said on the floor of House of Representatives, [W]hen I was laying out on that ball field, the first thing I did once I was down and couldn’t move anymore is I just started to pray. And I’ll tell you it gave me an unbelievable sense of calm knowing that at that point it was in God’s hands. But I prayed for very specific things, and I will tell you pretty much every one of those prayers was answered, and they were some pretty challenging prayers I was putting in God’s hands. He really did deliver for me and my family. And it just gives you that renewed faith and understanding that the power of prayer is something that you just cannot underestimate..
 (6)On October 2, 2017, after the shooting in Las Vegas, Nevada, Majority Leader of the Senate Mitch McConnell said on the floor of the Senate, The news we awoke to this morning was heartbreaking. What happened in Las Vegas is shocking, it is tragic, and for those affected and their families, it is devastating. It is hard to even imagine their pain. I hope they will know that we are praying for them now. I hope they will find strength in the love and kindness of those around them in these hours of such darkness and pain. I hope they will see that our country is standing by their side today.;
 Whereas the act of prayer is both an expression of religious belief and an act of speech that is protected by the First Amendment to the Constitution of the United States;
 Whereas the National Day of Prayer— (1)is consistent with the Establishment Clause of the First Amendment to the Constitution of the United States;
 (2)belongs to all people in the United States; and (3)is very much in keeping with the pluralistic spirit of the Establishment Clause of the First Amendment. No single religious group can claim ownership or control of the National Day of Prayer; rather, it truly belongs to all Americans who seek divine guidance for themselves and for the country, as Representative Mervyn Dymally noted on the day the vehicle that would become Public Law 100–307 passed the House of Representatives;
 Whereas calling for prayer in times of crisis and thanksgiving creates a sense of unity in the United States, and, as President Ronald Reagan noted in a radio address in 1982, [P]rayer is one of the few things in this world that hurts no one and sustains the spirit of millions.; and
 Whereas declaring a National Day of Prayer sets the United States apart as a country, and, as Representative William Dannemeyer noted on the day the vehicle that would become Public Law 100–307 passed the House of Representatives, “A Nation in prayer has traditionally given this great Republic of ours the efficacy required to sustain it. A National Day of Prayer should be more than a mere commemorative occasion, it should be the spiritual sustenance that sets America apart from the rest of the world, the difference between freedom under God or slavery under the rule of men.”: Now, therefore, be it

 That the Senate— (1)recognizes the 30th anniversary of the National Day of Prayer established under the Act entitled An Act to provide for setting aside the first Thursday in May as the date on which the National Day of Prayer is celebrated, approved May 5, 1988 (Public Law 100–307; 102 Stat. 456), which was signed by President Ronald Reagan on May 5, 1988, and later codified as section 119 of title 36, United States Code;
 (2)encourages all people in the United States to reaffirm the importance prayer has played in the heritage of the United States; and
 (3)expresses support for the continued recognition each year of— (A)the National Day of Prayer; and
 (B)the importance that prayer and faith have played in the history of the United States.


110 HR 844 IH: To amend the Internal Revenue Code of 1986 to provide a

U.S. House of Representatives
2007-02-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 844
		IN THE HOUSE OF REPRESENTATIVES

			February 6, 2007
			Mr. Bilirakis
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide a
		  tax credit to employers for the value of the service not performed during the
		  period employees are performing service as members of the Ready Reserve or the
		  National Guard.

		1.Ready Reserve-National Guard
			 employee credit added to general business credit
			(a)Ready
			 Reserve-National Guard creditSubpart D of part IV of subchapter
			 A of chapter 1 of the Internal Revenue Code of 1986 (relating to
			 business-related credits) is amended by adding at the end the following new
			 section:

					45N.Ready
				Reserve-National Guard employee credit
						(a)General
				ruleFor purposes of section 38, the Ready Reserve-National Guard
				employee credit determined under this section for the taxable year is an amount
				equal to 10 percent of the unpaid compensation amount for the taxable
				year.
						(b)Definition of
				unpaid compensation amountFor purposes of this section, the term
				unpaid compensation amount means the amount of compensation which
				ordinarily would have been paid or incurred by an employer with respect to a
				Ready Reserve-National Guard employee on any day during a taxable year but was
				not paid because the employee was absent from employment for the purpose of
				performing qualified active duty.
						(c)Limitations
							(1)Maximum
				creditThe maximum credit allowable under subsection (a) shall
				not exceed $2,000 in any taxable year with respect to any one Ready
				Reserve-National Guard employee.
							(2)Days other than
				work daysNo credit shall be allowed with respect to a Ready
				Reserve-National Guard employee who performs qualified active duty on any day
				on which the employee was not scheduled to work (for a reason other than to
				participate in qualified active duty) and ordinarily would not have
				worked.
							(d)DefinitionsFor
				purposes of this section—
							(1)Qualified active
				dutyThe term qualified active duty means—
								(A)active duty in
				connection with which an employee is entitled to reemployment rights and other
				benefits or to a leave of absence from employment under chapter 43 of title 38,
				United States Code, and
								(B)hospitalization
				incident to such duty.
								Such term
				shall not include training duty specified in section 10147 of title 10, United
				States Code (relating to training requirements for the Ready Reserve), or
				section 502(a) of title 32, United States Code (relating to required drills and
				field exercises for the National Guard).(2)CompensationThe
				term compensation means any remuneration for employment, whether
				in cash or in kind, which, if paid by the taxpayer, would have been deductible
				from the taxpayer’s gross income under section 162(a)(1).
							(3)Ready
				Reserve-National Guard employeeThe term Ready
				Reserve-National Guard employee means an employee who is a member of the
				Ready Reserve or of the National Guard.
							(4)National
				GuardThe term National Guard has the meaning given
				such term by section 101(c)(1) of title 10, United States Code.
							(5)Ready
				ReserveThe term Ready Reserve has the meaning given
				such term by section 10142 of title 10, United States
				Code.
							.
			(b)Credit To be
			 part of general business creditSubsection (b) of section 38 of
			 such Code (relating to general business credit) is amended by striking
			 and at the end of paragraph (29), by striking the period at the
			 end of paragraph (30) and inserting , and, and by adding at the
			 end the following new paragraph:

					(31)the Ready
				Reserve-National Guard employee credit determined under section
				45N(a).
					.
			(c)Conforming
			 amendmentThe table of sections for subpart D of part IV of
			 subchapter A of chapter 1 of such Code is amended by inserting after the item
			 relating to section 45I the following new item:

						Sec. 45N . Ready Reserve-National Guard
				employee
				credit.

					.
			(d)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2006.


115 HRES 898 RH: Directing the Secretary of Homeland Security to transmit certain documents to the House of Representatives relating to Department of Homeland Security policies and activities relating to homeland security information produced and disseminated regarding cybersecurity threats posed by the ZTE Corporation, headquartered in Shenzhen, China.
U.S. House of Representatives
2018-05-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		House Calendar No. 152
		115th CONGRESS
		2d Session
		H. RES. 898
		[Report No. 115–714]
		IN THE HOUSE OF REPRESENTATIVES

			May 16, 2018
			Mr. Thompson of Mississippi submitted the following resolution; which was referred to the Committee on Homeland Security

			June 8, 2018
			Reported adversely, referred to the House Calendar, and ordered to be printed

		RESOLUTION
		Directing the Secretary of Homeland Security to transmit certain documents to the House of
			 Representatives relating to Department of Homeland Security policies and
			 activities relating to homeland security information produced and
			 disseminated regarding cybersecurity threats posed by the ZTE Corporation,
			 headquartered in Shenzhen, China.

 That not later than 14 days after the date of the adoption of this resolution, the Secretary of Homeland Security is directed to transmit to the House of Representatives, to the extent that such homeland security information is in the possession of the Secretary, copies of any document, record, memo, correspondence, or other communication of the Department of Homeland Security or any portion of any such communication, that refers or relates to the following:
 (1)Any documentation related to the use of any ZTE Corporation’s products by the Department of Homeland Security.
 (2)Any documentation related to cybersecurity threats or vulnerabilities resulting from the use of ZTE Corporation’s products by the Department of Homeland Security or the Department’s contractors.
 (3)Any documentation related to the cybersecurity threats or vulnerabilities resulting from the use of ZTE Corporation’s products by State and local governments and first responders.
 (4)Any documentation related to any alerts or warnings issued by the Department of Homeland Security related to the use of ZTE Corporation’s cybersecurity products.
 (5)Any documentation related to cybersecurity threats or vulnerabilities posed by the use of ZTE Corporation products by the Federal Government.
 (6)Any documentation related to cybersecurity threats or vulnerabilities from state actors, including Iran, or terrorist organizations resulting from ZTE Corporation’s activities.

		June 8, 2018
		Reported adversely, referred to the House Calendar, and ordered to be printed


116 HR 2700 IH: Lowering Prescription Drug Costs and Extending Community Health Centers and Other Public Health Priorities Act
U.S. House of Representatives
2019-05-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 2700IN THE HOUSE OF REPRESENTATIVESMay 14, 2019Mr. Burgess (for himself, Mr. Walden, Mr. Upton, Mr. McKinley, Mr. Carter of Georgia, Mr. Bucshon, Mr. Bilirakis, Mr. Mullin, Mrs. Rodgers of Washington, Mr. Long, Mr. Flores, Mr. Hudson, Mr. Shimkus, Mr. Walberg, Mr. Kinzinger, Mr. Olson, Mr. Johnson of Ohio, Mr. Guthrie, Mr. Griffith, Mr. Duncan, Mrs. Brooks of Indiana, Mr. Gianforte, Mr. Latta, Mr. Scalise, Mr. Sensenbrenner, Mr. Collins of Georgia, Mr. Stivers, Mr. Hill of Arkansas, Mr. Mitchell, and Mr. Hurd of Texas) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo incentivize low-cost drug options and generic competition, and to provide extensions for
			 community health centers and the National Health Service Corps, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Lowering Prescription Drug Costs and Extending Community Health Centers and Other Public Health Priorities Act.
 2.Table of contentsThe table of contents of this Act is as follows:  Sec. 1. Short title. Sec. 2. Table of contents. Title I—Lowering Prescription Drug Costs Subtitle A—Bringing Low-Cost Options and Competition While Keeping Incentives for New Generics Sec. 101. Change conditions of first generic exclusivity to spur access and competition. Subtitle B—Protecting Consumer Access to Generic Drugs Sec. 111. Unlawful agreements. Sec. 112. Notice and certification of agreements. Sec. 113. Forfeiture of 180-day exclusivity period. Sec. 114. Commission litigation authority. Sec. 115. Statute of limitations. Subtitle C—Creating and Restoring Equal Access to Equivalent Samples Sec. 121. Actions for delays of generic drugs and biosimilar biological products. Sec. 122. REMS approval process for subsequent filers. Sec. 123. Rule of construction. Title II—Extension of Public Health Programs Sec. 201. Extension for community health centers, the National Health Service Corps, and teaching health centers that operate GME programs. Sec. 202. Extension for special diabetes programs. Sec. 203. Extension for family-to-family health information centers. Sec. 204. Extension for sexual risk avoidance education and personal responsibility education.  ILowering Prescription Drug Costs ABringing Low-Cost Options and Competition While Keeping Incentives for New Generics 101.Change conditions of first generic exclusivity to spur access and competitionSection 505(j)(5)(B)(iv) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(B)(iv)) is amended—
 (1)in subclause (I), by striking 180 days after and all that follows through the period at the end and inserting the following:  180 days after the earlier of—(aa)the date of the first commercial marketing of the drug (including the commercial marketing of the listed drug) by any first applicant; or
 (bb)the applicable date specified in subclause (III).; and (2)by adding at the end the following new subclause:

 (III)Applicable dateThe applicable date specified in this subclause, with respect to an application for a drug described in subclause (I), is the date on which each of the following conditions is first met:
 (aa)The approval of such an application could be made effective, but for the eligibility of a first applicant for 180-day exclusivity under this clause.
 (bb)At least 30 months have passed since the date of submission of an application for the drug by at least one first applicant.
 (cc)Approval of an application for the drug submitted by at least one first applicant is not precluded under clause (iii).
 (dd)No application for the drug submitted by any first applicant is approved at the time the conditions under items (aa), (bb), and (cc) are all met, regardless of whether such an application is subsequently approved..
					BProtecting Consumer Access to Generic Drugs
				111.Unlawful agreements
 (a)Agreements prohibitedSubject to subsections (b) and (c), it shall be unlawful for an NDA or BLA holder and a subsequent filer (or for two subsequent filers) to enter into, or carry out, an agreement resolving or settling a covered patent infringement claim on a final or interim basis if under such agreement—
 (1)a subsequent filer directly or indirectly receives from such holder (or in the case of such an agreement between two subsequent filers, the other subsequent filer) anything of value, including a license; and
 (2)the subsequent filer agrees to limit or forego research on, or development, manufacturing, marketing, or sales, for any period of time, of the covered product that is the subject of the application described in subparagraph (A) or (B) of subsection (g)(8).
 (b)ExclusionIt shall not be unlawful under subsection (a) if a party to an agreement described in such subsection demonstrates by clear and convincing evidence that the value described in subsection (a)(1) is compensation solely for other goods or services that the subsequent filer has promised to provide.
 (c)LimitationNothing in this section shall prohibit an agreement resolving or settling a covered patent infringement claim in which the consideration granted by the NDA or BLA holder to the subsequent filer (or from one subsequent filer to another) as part of the resolution or settlement includes only one or more of the following:
 (1)The right to market the covered product that is the subject of the application described in subparagraph (A) or (B) of subsection (g)(8) in the United States before the expiration of—
 (A)any patent that is the basis of the covered patent infringement claim; or (B)any patent right or other statutory exclusivity that would prevent the marketing of such covered product.
 (2)A payment for reasonable litigation expenses not to exceed $7,500,000 in the aggregate. (3)A covenant not to sue on any claim that such covered product infringes a patent.
						(d)Enforcement by Federal Trade Commission
 (1)General applicationThe requirements of this section apply, according to their terms, to an NDA or BLA holder or subsequent filer that is—
 (A)a person, partnership, or corporation over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)); or
 (B)a person, partnership, or corporation over which the Commission would have authority pursuant to such section but for the fact that such person, partnership, or corporation is not organized to carry on business for its own profit or that of its members.
							(2)Unfair or deceptive acts or practices enforcement authority
 (A)In generalA violation of this section shall be treated as an unfair or deceptive act or practice in violation of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)).
 (B)Powers of CommissionExcept as provided in subparagraph (C) and paragraphs (1)(B) and (3)— (i)the Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section; and
 (ii)any NDA or BLA holder or subsequent filer that violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.
 (C)Judicial reviewIn the case of a cease and desist order issued by the Commission under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for violation of this section, a party to such order may obtain judicial review of such order as provided in such section 5, except that—
 (i)such review may only be obtained in— (I)the United States Court of Appeals for the District of Columbia Circuit;
 (II)the United States Court of Appeals for the circuit in which the ultimate parent entity, as defined in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor thereto, of the NDA or BLA holder (if any such holder is a party to such order) is incorporated as of the date that the application described in subparagraph (A) or (B) of subsection (g)(8) or an approved application that is deemed to be a license for a biological product under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)) pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 (Public Law 111–148; 124 Stat. 817) is submitted to the Commissioner of Food and Drugs; or
 (III)the United States Court of Appeals for the circuit in which the ultimate parent entity, as so defined, of any subsequent filer that is a party to such order is incorporated as of the date that the application described in subparagraph (A) or (B) of subsection (g)(8) is submitted to the Commissioner of Food and Drugs; and
 (ii)the petition for review shall be filed in the court not later than 30 days after such order is served on the party seeking review.
								(3)Additional enforcement authority
 (A)Civil penaltyThe Commission may commence a civil action to recover a civil penalty in a district court of the United States against any NDA or BLA holder or subsequent filer that violates this section.
							(B)Special rule for recovery of penalty if cease and desist order issued
 (i)In generalIf the Commission has issued a cease and desist order in a proceeding under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for violation of this section—
 (I)the Commission may commence a civil action under subparagraph (A) to recover a civil penalty against any party to such order at any time before the expiration of the 1-year period beginning on the date on which such order becomes final under section 5(g) of such Act (15 U.S.C. 45(g)); and
 (II)in such civil action, the findings of the Commission as to the material facts in such proceeding shall be conclusive, unless—
 (aa)the terms of such order expressly provide that the Commission’s findings shall not be conclusive; or
 (bb)such order became final by reason of section 5(g)(1) of such Act (15 U.S.C. 45(g)(1)), in which case such findings shall be conclusive if supported by evidence.
 (ii)Relationship to penalty for violation of an orderThe penalty provided in clause (i) for violation of this section is separate from and in addition to any penalty that may be incurred for violation of an order of the Commission under section 5(l) of the Federal Trade Commission Act (15 U.S.C. 45(l)).
								(C)Amount of penalty
 (i)In generalThe amount of a civil penalty imposed in a civil action under subparagraph (A) on a party to an agreement described in subsection (a) shall be sufficient to deter violations of this section, but in no event greater than—
 (I)if such party is the NDA or BLA holder (or, in the case of an agreement between two subsequent filers, the subsequent filer who gave the value described in subsection (a)(1)), the greater of—
 (aa)3 times the value received by such NDA or BLA holder (or by such subsequent filer) that is reasonably attributable to the violation of this section; or
 (bb)3 times the value given to the subsequent filer (or to the other subsequent filer) reasonably attributable to the violation of this section; and
 (II)if such party is the subsequent filer (or, in the case of an agreement between two subsequent filers, the subsequent filer who received the value described in subsection (a)(1)), 3 times the value received by such subsequent filer that is reasonably attributable to the violation of this section.
 (ii)Factors for considerationIn determining such amount, the court shall take into account— (I)the nature, circumstances, extent, and gravity of the violation;
 (II)with respect to the violator, the degree of culpability, any history of violations, the ability to pay, any effect on the ability to continue doing business, profits earned by the NDA or BLA holder (or, in the case of an agreement between two subsequent filers, the subsequent filer who gave the value described in subsection (a)(1)), compensation received by the subsequent filer (or, in the case of an agreement between two subsequent filers, the subsequent filer who received the value described in subsection (a)(1)), and the amount of commerce affected; and
 (III)other matters that justice requires. (D)Injunctions and other equitable reliefIn a civil action under subparagraph (A), the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate.
 (4)Remedies in additionRemedies provided in this subsection are in addition to, and not in lieu of, any other remedy provided by Federal law.
 (5)Preservation of authority of CommissionNothing in this section shall be construed to affect any authority of the Commission under any other provision of law.
 (e)Federal Trade Commission rulemakingThe Commission may, in its discretion, by rule promulgated under section 553 of title 5, United States Code, exempt from this section certain agreements described in subsection (a) if the Commission finds such agreements to be in furtherance of market competition and for the benefit of consumers.
 (f)Antitrust lawsNothing in this section shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), and of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition. Nothing in this section shall modify, impair, limit, or supersede the right of a subsequent filer to assert claims or counterclaims against any person, under the antitrust laws or other laws relating to unfair competition.
 (g)DefinitionsIn this section: (1)Agreement resolving or settling a covered patent infringement claimThe term agreement resolving or settling a covered patent infringement claim means any agreement that—
 (A)resolves or settles a covered patent infringement claim; or (B)is contingent upon, provides for a contingent condition for, or is otherwise related to the resolution or settlement of a covered patent infringement claim.
 (2)CommissionThe term Commission means the Federal Trade Commission. (3)Covered patent infringement claimThe term covered patent infringement claim means an allegation made by the NDA or BLA holder to a subsequent filer (or, in the case of an agreement between two subsequent filers, by one subsequent filer to another), whether or not included in a complaint filed with a court of law, that—
 (A)the submission of the application described in subparagraph (A) or (B) of paragraph (9), or the manufacture, use, offering for sale, sale, or importation into the United States of a covered product that is the subject of such an application—
 (i)in the case of an agreement between an NDA or BLA holder and a subsequent filer, infringes any patent owned by, or exclusively licensed to, the NDA or BLA holder of the covered product; or
 (ii)in the case of an agreement between two subsequent filers, infringes any patent owned by the subsequent filer; or
 (B)in the case of an agreement between an NDA or BLA holder and a subsequent filer, the covered product to be manufactured under such application uses a covered product as claimed in a published patent application.
 (4)Covered productThe term covered product means a drug (as defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g))), including a biological product (as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)).
 (5)NDA or BLA holderThe term NDA or BLA holder means— (A)the holder of—
 (i)an approved new drug application filed under section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)) for a covered product; or
 (ii)a biologics license application filed under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)) with respect to a biological product;
 (B)a person owning or controlling enforcement of the patent on— (i)the list published under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) in connection with the application described in subparagraph (A)(i); or
 (ii)any list published under section 351 of the Public Health Service Act (42 U.S.C. 262) comprised of patents associated with biologics license applications filed under section 351(a) of such Act (42 U.S.C. 262(a)); or
 (C)the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any entity described in subparagraph (A) or (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities.
 (6)PatentThe term patent means a patent issued by the United States Patent and Trademark Office. (7)Statutory exclusivityThe term statutory exclusivity means those prohibitions on the submission or approval of drug applications under clauses (ii) through (iv) of section 505(c)(3)(E) (5- and 3-year exclusivity), clauses (ii) through (iv) of section 505(j)(5)(F) (5-year and 3-year exclusivity), section 505(j)(5)(B)(iv) (180-day exclusivity), section 527 (orphan drug exclusivity), section 505A (pediatric exclusivity), or section 505E (qualified infectious disease product exclusivity) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)(3)(E), 355(j)(5)(B)(iv), 355(j)(5)(F), 360cc, 355a, 355f), or prohibitions on the submission or licensing of biologics license applications under section 351(k)(6) (interchangeable biological product exclusivity) or section 351(k)(7) (biological product reference product exclusivity) of the Public Health Service Act (42 U.S.C. 262(k)(6), (7)).
 (8)Subsequent filerThe term subsequent filer means— (A)in the case of a drug, a party that owns or controls an abbreviated new drug application submitted pursuant to section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) or a new drug application submitted pursuant to section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act (21U.S.C. 355(b)(2)) and filed under section 505(b)(1) of such Act (21 U.S.C. 355(b)(1)) or has the exclusive rights to distribute the covered product that is the subject of such application; or
 (B)in the case of a biological product, a party that owns or controls an application filed with the Food and Drug Administration under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)) or has the exclusive rights to distribute the biological product that is the subject of such application.
 (h)Effective dateThis section applies with respect to agreements described in subsection (a) entered into on or after the date of the enactment of this Act.
					112.Notice and certification of agreements
 (a)Notice of all agreementsSection 1111(7) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (21 U.S.C. 355 note) is amended by inserting or the owner of a patent for which a claim of infringement could reasonably be asserted against any person for making, using, offering to sell, selling, or importing into the United States a biological product that is the subject of a biosimilar biological product application before the period at the end.
 (b)Certification of agreementsSection 1112 of such Act (21 U.S.C. 355 note) is amended by adding at the end the following:  (d)CertificationThe Chief Executive Officer or the company official responsible for negotiating any agreement under subsection (a) or (b) that is required to be filed under subsection (c) shall, within 30 days of such filing, execute and file with the Assistant Attorney General and the Commission a certification as follows:

 I declare that the following is true, correct, and complete to the best of my knowledge: The materials filed with the Federal Trade Commission and the Department of Justice under section 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, with respect to the agreement referenced in this certification—(1)represent the complete, final, and exclusive agreement between the parties; (2)include any ancillary agreements that are contingent upon, provide a contingent condition for, were entered into within 30 days of, or are otherwise related to, the referenced agreement; and
 (3)include written descriptions of any oral agreements, representations, commitments, or promises between the parties that are responsive to subsection (a) or (b) of such section 1112 and have not been reduced to writing...
 113.Forfeiture of 180-day exclusivity periodSection 505(j)(5)(D)(i)(V) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(D)(i)(V)) is amended by inserting section 111 of the Lowering Prescription Drug Costs and Extending Community Health Centers and Other Public Health Priorities Act or after that the agreement has violated.
 114.Commission litigation authoritySection 16(a)(2) of the Federal Trade Commission Act (15 U.S.C. 56(a)(2)) is amended— (1)in subparagraph (D), by striking or after the semicolon;
 (2)in subparagraph (E), by inserting or after the semicolon; and (3)by inserting after subparagraph (E) the following:

 (F)under section 111(d)(3)(A) of the Lowering Prescription Drug Costs and Extending Community Health Centers and Other Public Health Priorities Act;.
					115.Statute of limitations
 (a)In generalExcept as provided in subsection (b), the Commission shall commence any administrative proceeding or civil action to enforce section 111 of this Act not later than 6 years after the date on which the parties to the agreement file the Notice of Agreement as provided by section 1112(c)(2) and (d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (21 U.S.C. 355 note).
 (b)Civil action after issuance of cease and desist orderIf the Commission has issued a cease and desist order under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for violation of section 111 of this Act and the proceeding for the issuance of such order was commenced within the period required by subsection (a) of this section, such subsection does not prohibit the commencement, after such period, of a civil action under section 111(d)(3)(A) against a party to such order or a civil action under subsection (l) of such section 5 for violation of such order.
					CCreating and Restoring Equal Access to Equivalent Samples
				121.Actions for delays of generic drugs and biosimilar biological products
 (a)DefinitionsIn this section— (1)the term commercially reasonable, market-based terms means—
 (A)a nondiscriminatory price for the sale of the covered product at or below, but not greater than, the most recent wholesale acquisition cost for the drug, as defined in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B));
 (B)a schedule for delivery that results in the transfer of the covered product to the eligible product developer consistent with the timing under subsection (b)(2)(A)(iv); and
 (C)no additional conditions are imposed on the sale of the covered product; (2)the term covered product—
 (A)means— (i)any drug approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or biological product licensed under subsection (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C. 262);
 (ii)any combination of a drug or biological product described in clause (i); or (iii)when reasonably necessary to support approval of an application under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), or section 351 of the Public Health Service Act (42 U.S.C. 262), as applicable, or otherwise meet the requirements for approval under either such section, any product, including any device, that is marketed or intended for use with such a drug or biological product; and
 (B)does not include any drug or biological product that appears on the drug shortage list in effect under section 506E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356e), unless—
 (i)the drug or biological product has been on the drug shortage list in effect under such section 506E continuously for more than 6 months; or
 (ii)the Secretary determines that inclusion of the drug or biological product as a covered product is likely to contribute to alleviating or preventing a shortage.
 (3)the term device has the meaning given the term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321);
 (4)the term eligible product developer means a person that seeks to develop a product for approval pursuant to an application for approval under subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or for licensing pursuant to an application under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k));
 (5)the term license holder means the holder of an application approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or the holder of a license under subsection (a) or (k) of section 351 of the Public Health Service Act (42 U.S.C. 262) for a covered product;
 (6)the term REMS means a risk evaluation and mitigation strategy under section 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1);
 (7)the term REMS with ETASU means a REMS that contains elements to assure safe use under section 505–1(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1(f));
 (8)the term Secretary means the Secretary of Health and Human Services; (9)the term single, shared system of elements to assure safe use means a single, shared system of elements to assure safe use under section 505–1(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1(f)); and
 (10)the term sufficient quantities means an amount of a covered product that the eligible product developer determines allows it to— (A)conduct testing to support an application under—
 (i)subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); or
 (ii)section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)); and (B)fulfill any regulatory requirements relating to approval of such an application.
							(b)Civil action for failure To provide sufficient quantities of a covered product
 (1)In generalAn eligible product developer may bring a civil action against the license holder for a covered product seeking relief under this subsection in an appropriate district court of the United States alleging that the license holder has declined to provide sufficient quantities of the covered product to the eligible product developer on commercially reasonable, market-based terms.
						(2)Elements
 (A)In generalTo prevail in a civil action brought under paragraph (1), an eligible product developer shall prove, by a preponderance of the evidence—
 (i)that— (I)the covered product is not subject to a REMS with ETASU; or
 (II)if the covered product is subject to a REMS with ETASU— (aa)the eligible product developer has obtained a covered product authorization from the Secretary in accordance with subparagraph (B); and
 (bb)the eligible product developer has provided a copy of the covered product authorization to the license holder;
 (ii)that, as of the date on which the civil action is filed, the product developer has not obtained sufficient quantities of the covered product on commercially reasonable, market-based terms;
 (iii)that the eligible product developer has submitted a written request to purchase sufficient quantities of the covered product to the license holder and such request—
 (I)was sent to a named corporate officer of the license holder; (II)was made by certified or registered mail with return receipt requested;
 (III)specified an individual as the point of contact for the license holder to direct communications related to the sale of the covered product to the eligible product developer and a means for electronic and written communications with that individual; and
 (IV)specified an address to which the covered product was to be shipped upon reaching an agreement to transfer the covered product; and
 (iv)that the license holder has not delivered to the eligible product developer sufficient quantities of the covered product on commercially reasonable, market-based terms—
 (I)for a covered product that is not subject to a REMS with ETASU, by the date that is 31 days after the date on which the license holder received the request for the covered product; and
 (II)for a covered product that is subject to a REMS with ETASU, by 31 days after the later of— (aa)the date on which the license holder received the request for the covered product; or
 (bb)the date on which the license holder received a copy of the covered product authorization issued by the Secretary in accordance with subparagraph (B).
										(B)Authorization for covered product subject to a REMS with ETASU
 (i)RequestAn eligible product developer may submit to the Secretary a written request for the eligible product developer to be authorized to obtain sufficient quantities of an individual covered product subject to a REMS with ETASU.
 (ii)AuthorizationNot later than 120 days after the date on which a request under clause (i) is received, the Secretary shall, by written notice, authorize the eligible product developer to obtain sufficient quantities of an individual covered product subject to a REMS with ETASU for purposes of—
 (I)development and testing that does not involve human clinical trials, if the eligible product developer has agreed to comply with any conditions the Secretary determines necessary; or
 (II)development and testing that involves human clinical trials, if the eligible product developer has— (aa) (AA)submitted protocols, informed consent documents, and informational materials for testing that include protections that provide safety protections comparable to those provided by the REMS for the covered product; or
 (BB)otherwise satisfied the Secretary that such protections will be provided; and (bb)met any other requirements the Secretary may establish.
 (iii)NoticeA covered product authorization issued under this subparagraph shall state that the provision of the covered product by the license holder under the terms of the authorization will not be a violation of the REMS for the covered product.
 (3)Affirmative defenseIn a civil action brought under paragraph (1), it shall be an affirmative defense, on which the defendant has the burden of persuasion by a preponderance of the evidence—
 (A)that, on the date on which the eligible product developer requested to purchase sufficient quantities of the covered product from the license holder—
 (i)neither the license holder nor any of its agents, wholesalers, or distributors was engaged in the manufacturing or commercial marketing of the covered product; and
 (ii)neither the license holder nor any of its agents, wholesalers, or distributors otherwise had access to inventory of the covered product to supply to the eligible product developer on commercially reasonable, market-based terms;
 (B)that— (i)the license holder sells the covered product through agents, distributors, or wholesalers;
 (ii)the license holder has placed no restrictions, explicit or implicit, on its agents, distributors, or wholesalers to sell covered products to eligible product developers; and
 (iii)the covered product can be purchased by the eligible product developer in sufficient quantities on commercially reasonable, market-based terms from the agents, distributors, or wholesalers of the license holder; or
 (C)that the license holder made an offer to the individual specified pursuant to paragraph (2)(A)(iii)(III), by a means of communication (electronic, written, or both) specified pursuant to such paragraph, to sell sufficient quantities of the covered product to the eligible product developer at commercially reasonable market-based terms—
 (i)for a covered product that is not subject to a REMS with ETASU, by the date that is 14 days after the date on which the license holder received the request for the covered product, and the eligible product developer did not accept such offer by the date that is 7 days after the date on which the eligible product developer received such offer from the license holder; or
 (ii)for a covered product that is subject to a REMS with ETASU, by the date that is 20 days after the date on which the license holder received the request for the covered product, and the eligible product developer did not accept such offer by the date that is 10 days after the date on which the eligible product developer received such offer from the license holder.
								(4)Remedies
 (A)In generalIf an eligible product developer prevails in a civil action brought under paragraph (1), the court shall—
 (i)order the license holder to provide to the eligible product developer without delay sufficient quantities of the covered product on commercially reasonable, market-based terms;
 (ii)award to the eligible product developer reasonable attorney's fees and costs of the civil action; and
 (iii)award to the eligible product developer a monetary amount sufficient to deter the license holder from failing to provide eligible product developers with sufficient quantities of a covered product on commercially reasonable, market-based terms, if the court finds, by a preponderance of the evidence—
 (I)that the license holder delayed providing sufficient quantities of the covered product to the eligible product developer without a legitimate business justification; or
 (II)that the license holder failed to comply with an order issued under clause (i). (B)Maximum monetary amountA monetary amount awarded under subparagraph (A)(iii) shall not be greater than the revenue that the license holder earned on the covered product during the period—
 (i)beginning on— (I)for a covered product that is not subject to a REMS with ETASU, the date that is 31 days after the date on which the license holder received the request; or
 (II)for a covered product that is subject to a REMS with ETASU, the date that is 31 days after the later of—
 (aa)the date on which the license holder received the request; or (bb)the date on which the license holder received a copy of the covered product authorization issued by the Secretary in accordance with paragraph (2)(B); and
 (ii)ending on the date on which the eligible product developer received sufficient quantities of the covered product.
 (C)Avoidance of delayThe court may issue an order under subparagraph (A)(i) before conducting further proceedings that may be necessary to determine whether the eligible product developer is entitled to an award under clause (ii) or (iii) of subparagraph (A), or the amount of any such award.
 (c)Limitation of liabilityA license holder for a covered product shall not be liable for any claim under Federal, State, or local law arising out of the failure of an eligible product developer to follow adequate safeguards to assure safe use of the covered product during development or testing activities described in this section, including transportation, handling, use, or disposal of the covered product by the eligible product developer.
 (d)No violation of REMSSection 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1) is amended by adding at the end the following new subsection:

 (l)Provision of samples not a violation of strategyThe provision of samples of a covered product to an eligible product developer (as those terms are defined in section 121(a) of the Lowering Prescription Drug Costs and Extending Community Health Centers and Other Public Health Priorities Act) shall not be considered a violation of the requirements of any risk evaluation and mitigation strategy that may be in place under this section for such drug..
					(e)Rule of construction
 (1)DefinitionIn this subsection, the term antitrust laws— (A)has the meaning given the term in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12); and
 (B)includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section applies to unfair methods of competition.
 (2)Antitrust lawsNothing in this section shall be construed to limit the operation of any provision of the antitrust laws.
 122.REMS approval process for subsequent filersSection 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1), as amended by section 121, is further amended—
 (1)in subsection (g)(4)(B)— (A)in clause (i) by striking or after the semicolon;
 (B)in clause (ii) by striking the period at the end and inserting ; or; and (C)by adding at the end the following:

 (iii)accommodate different, comparable aspects of the elements to assure safe use for a drug that is the subject of an application under section 505(j), and the applicable listed drug.;
 (2)in subsection (i)(1), by striking subparagraph (C) and inserting the following:  (C) (i)Elements to assure safe use, if required under subsection (f) for the listed drug, which, subject to clause (ii), for a drug that is the subject of an application under section 505(j) may use—
 (I)a single, shared system with the listed drug under subsection (f); or (II)a different, comparable aspect of the elements to assure safe use under subsection (f).
 (ii)The Secretary may require a drug that is the subject of an application under section 505(j) and the listed drug to use a single, shared system under subsection (f), if the Secretary determines that no different, comparable aspect of the elements to assure safe use could satisfy the requirements of subsection (f).;
 (3)in subsection (i), by adding at the end the following:  (3)Shared REMSIf the Secretary approves, in accordance with paragraph (1)(C)(i)(II), a different, comparable aspect of the elements to assure safe use under subsection (f) for a drug that is the subject of an abbreviated new drug application under section 505(j), the Secretary may require that such different comparable aspect of the elements to assure safe use can be used with respect to any other drug that is the subject of an application under section 505(j) or 505(b) that references the same listed drug.; and
 (4)by adding at the end the following:  (m)Separate REMSWhen used in this section, the terms different, comparable aspect of the elements to assure safe use or different, comparable approved risk evaluation and mitigation strategies means a risk evaluation and mitigation strategy for a drug that is the subject of an application under section 505(j) that uses different methods or operational means than the strategy required under subsection (a) for the applicable listed drug, or other application under section 505(j) with the same such listed drug, but achieves the same level of safety as such strategy..
					123.Rule of construction
 (a)In generalNothing in this subtitle, the amendments made by this subtitle, or in section 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1), shall be construed as—
 (1)prohibiting a license holder from providing an eligible product developer access to a covered product in the absence of an authorization under this subtitle; or
 (2)in any way negating the applicability of a REMS with ETASU, as otherwise required under such section 505–1, with respect to such covered product.
 (b)DefinitionsIn this section, the terms covered product, eligible product developer, license holder, and REMS with ETASU have the meanings given such terms in section 121(a). IIExtension of Public Health Programs 201.Extension for community health centers, the National Health Service Corps, and teaching health centers that operate GME programs  (a) Community Health Centers Funding Section 10503(b)(1)(F) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–2(b)(1)(F)) is amended by striking fiscal year 2019 and inserting each of fiscal years 2019 and 2020.

					(b)
					National Health Service Corps
 Section 10503(b)(2)(F) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–2(b)(2)(F)) is amended by striking 2018 and 2019 and inserting 2018, 2019, and 2020.

					(c)
					Teaching health centers that operate graduate medical education programs
 Section 340H(g)(1) of the Public Health Service Act (42 U.S.C. 256h(g)(1)) is amended by striking 2018 and 2019 and inserting 2018, 2019, and 2020. (d)ApplicationAmounts appropriated pursuant to this section for fiscal year 2020 are subject to the requirements contained in Public Law 115–245 for funds for programs authorized under sections 330 through 340 of the Public Health Service Act (42 U.S.C. 254b–256).

					(e)
					Conforming amendment
 Section 3014(h)(4) of title 18, United States Code, is amended by striking and section 50901(e) of the Advancing Chronic Care, Extenders, and Social Services Act and inserting , section 50901(e) of the Advancing Chronic Care, Extenders, and Social Services Act, and section 201(d) of the Lowering Prescription Drug Costs and Extending Community Health Centers and Other Public Health Priorities Act.

				202.
				Extension for special diabetes programs

					(a)
					Special Diabetes Program for Type I Diabetes
 Section 330B(b)(2)(D) of the Public Health Service Act (42 U.S.C. 254c–2(b)(2)(D)) is amended by striking 2018 and 2019 and inserting 2018, 2019, and 2020.

					(b)
					Special Diabetes Program for Indians
 Section 330C(c)(2)(D) of the Public Health Service Act (42 U.S.C. 254c–3(c)(2)(D)) is amended by striking 2018 and 2019 and inserting 2018, 2019, and 2020.

				203.
				Extension for family-to-family health information centers
 (a)In generalSection 501(c) of the Social Security Act (42 U.S.C. 701(c)(1)(A)(vii)) is amended by striking 2018 and 2019 and inserting 2018, 2019, and 2020.  (b)Conforming change Section 501(c)(3)(C) of the Social Security Act (42 U.S.C. 701(c)(3)(C)) is amended by striking 2018 and 2019 and inserting 2018, 2019, and 2020.

				204.
				Extension for sexual risk avoidance education and personal responsibility education
 (a)Sexual risk avoidance educationSubsections (a) and (f) of section 510 of the Social Security Act (42 U.S.C. 710) are amended by striking 2018 and 2019 each place it appears and inserting 2018, 2019, and 2020.
 (b)Personal responsibility educationSection 513 of the Social Security Act (42 U.S.C. 713) is amended—  (1) in subsection (a)(1)(A), by striking 2019 and inserting 2020; and

						(2)
 in subsection (a)(4), by striking 2019 each place it appears and inserting 2020; and  (3) in subsection (f), by striking 2019 and inserting 2020.


		II
		109th CONGRESS
		2d Session
		S. 4089
		IN THE SENATE OF THE UNITED STATES

			December 6, 2006
			Mr. McCain introduced
			 the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To modernize and expand the reporting requirements
		  relating to child pornography, to expand cooperation in combating child
		  pornography, to require convicted sex offenders to register online identifiers,
		  and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Stop the Online Exploitation of
			 Our Children Act of 2006.
		2.Amendment of
			 reporting requirements
			(a)In
			 generalChapter 110 of title 18, United States Code, is amended
			 by inserting after section 2257 the following:

					2257A.Obligation
				to report child pornography by online service providers
						(a)Definitions
							(1)In
				generalIn this section, section 2257B, and section 2257C—
								(A)the terms
				attorney for the government and State have the
				meanings given those terms in rule 1 of the Federal Rules of Criminal
				Procedure.
								(B)the term
				electronic communication service has the meaning given that term
				in section 2510;
								(C)the term
				Internet has the meaning given that term in section 231(e) of the
				Communications Act of 1934 (47 U.S.C. 231(e));
								(D)the term
				online service includes any—
									(i)Internet content
				hosting service;
									(ii)domain name
				registration service;
									(iii)Internet search
				service;
									(iv)Internet social
				networking site, chat room, message board, or any other similar service using
				the Internet;
									(v)Internet service
				that provides e-mail, instant messaging, or any other similar service using the
				Internet;
									(vi)electronic
				communication service;
									(vii)Internet
				service provider (including any wireless carrier that provides Internet
				access);
									(viii)Internet image
				or video sharing service; and
									(ix)remote computing
				service; and
									(E)the term
				remote computing service has the meaning given that term in
				section 2711.
								(2)ConstructionThe
				inclusion of any type of service in the list under paragraph (1)(D) may not be
				construed to mean that such type of service is not an electronic communication
				service or a remote computing service.
							(b)Duty To
				report
							(1)In
				generalWhoever, while engaged in providing an online service to
				the public through a facility or means of interstate or foreign commerce,
				obtains actual knowledge of any facts or circumstances described in paragraph
				(2) shall, as soon as reasonably possible, make a report of such facts or
				circumstances to the CyberTipline of the National Center for Missing and
				Exploited Children, or any successor to the CyberTipline operated by such
				center.
							(2)Facts or
				circumstancesThe facts or circumstances described in this
				paragraph are any facts or circumstances that appear to indicate a violation
				of—
								(A)section 2251,
				2251A, 2252, 2252A, 2252B, or 2260 that involves child pornography or;
								(B)section
				1466A.
								(c)Contents of
				report
							(1)In
				generalTo the extent available to an online service provider,
				each report under subsection (b)(1) shall include the following
				information:
								(A)Information
				about the involved individualInformation relating to the
				Internet identity of any individual who appears to have violated a Federal law
				in the manner described in subsection (b)(2), including the screen name, user
				identification name, e-mail address, website address, and uniform resource
				locator.
								(B)Historical
				referenceInformation relating to when any apparent child
				pornography was uploaded, transmitted, reported to, or discovered by the online
				service provider, including a date and time stamp and time zone.
								(C)Geographic
				location informationInformation relating to the geographic
				location of the involved individual, hosting website, or uniform resource
				locator, including the street address, telephone number, area code, zip code,
				and any Internet Protocol address.
								(D)Images of
				apparent child pornographyAny image of any apparent child
				pornography relating to the incident such report is regarding.
								(E)Company contact
				informationAccurate contact information for the online service
				provider making the report, including the address, telephone number, facsimile
				number, e-mail address of, and individual point of contact for, such online
				service provider.
								(2)Additional
				information
								(A)In
				generalA report under subsection (b)(1) may include information
				or material developed or discovered by an online service provider, in addition
				to the information required under paragraph (1) of this subsection.
								(B)Not
				requiredAn online service provider shall not be required to
				include any additional information described in subparagraph (A) in a report
				under subsection (b)(1).
								(d)Forwarding of
				report to law enforcement
							(1)In
				generalThe National Center for Missing and Exploited Children
				shall forward each report made under subsection (b)(1) to any appropriate law
				enforcement agency designated by the Attorney General under subsection
				(e)(2).
							(2)State and local
				law enforcementThe National Center for Missing and Exploited
				Children may forward any report made under subsection (b)(1) to an appropriate
				official of a State or political subdivision of a State for the purpose of
				enforcing State criminal law.
							(3)Foreign law
				enforcementThe National Center for Missing and Exploited
				Children may forward any report made under subsection (b)(1) to any appropriate
				foreign law enforcement agency designated by the Attorney General under
				subsection (e)(3), subject to the conditions established by the Attorney
				General under subsection (e)(3).
							(e)Attorney
				general responsibilities
							(1)In
				generalThe Attorney General shall enforce this section.
							(2)Designation of
				Federal agenciesThe Attorney General shall designate promptly
				the Federal law enforcement agency or agencies to which a report shall be
				forwarded under subsection (d)(1).
							(3)Designation of
				foreign agenciesThe Attorney General shall promptly—
								(A)designate the
				foreign law enforcement agencies to which a report may be forwarded under
				subsection (d)(3); and
								(B)establish the
				conditions under which such a report may be forwarded to such agencies.
								(f)Failure to
				report
							(1)Knowing and
				willful failureAn online service provider that knowingly and
				willfully fails to make a report required under subsection (b)(1) shall be
				fined—
								(A)in the case of an
				initial knowing and willful failure to make a report, not more than $150,000;
				and
								(B)in the case of
				any second or subsequent knowing and willful failure to make a report, not more
				than $300,000.
								(2)Negligent
				failureAn online service provider that negligently fails to make
				a report required under subsection (b)(1) shall be subject to a civil penalty
				of—
								(A)in the case of an
				initial negligent failure to make a report, not more than $50,000; and
								(B)in the case of
				any second or subsequent negligent failure to make a report, not more than
				$100,000.
								(g)Protection of
				privacyNothing in this section shall be construed to require an
				online service provider to—
							(1)monitor any user,
				subscriber, or customer of that provider;
							(2)the content of
				any communication of any person described in paragraph (1); or
							(3)affirmatively
				seek facts or circumstances described in subsection (b)(2).
							(h)Conditions of
				disclosure of information contained within report
							(1)In
				generalExcept as provided in paragraph (2), a law enforcement
				agency that receives a report under subsection (d) shall not disclose any
				information contained in that report.
							(2)Permitted
				disclosuresA law enforcement agency may disclose information in
				a report received under subsection (d)—
								(A)to an attorney
				for the government for use in the performance of the official duties of that
				attorney;
								(B)to such officers
				and employees of that law enforcement agency, as may be necessary in the
				performance of their investigative and recordkeeping functions;
								(C)to such other
				government personnel (including personnel of a State or subdivision of a State)
				as are determined to be necessary by an attorney for the government to assist
				the attorney in the performance of the official duties of the attorney in
				enforcing Federal criminal law; or
								(D)if the report
				discloses a violation of State criminal law, to an appropriate official of a
				State or subdivision of a State for the purpose of enforcing such State
				law.
								(i)Evidence
				preservation
							(1)In
				generalAn online service provider shall store any image and
				other information relating to the facts or circumstances of any incident
				reported under subsection (b)(1) for not less than 180 days after the date that
				the report is transmitted to the National Center for Missing and Exploited
				Children through the CyberTipline, or for such longer period of time as may be
				requested by the National Center for Missing and Exploited Children or a law
				enforcement agency.
							(2)Destruction of
				evidenceAn online service provider shall not destroy any data
				that, to the online service provider’s knowledge, relates to an incident
				reported under subsection (b)(1) during the 180-day period beginning on the
				date that report is transmitted to the National Center for Missing and
				Exploited Children through the CyberTipline, or for such longer period of time
				as may be requested by the National Center for Missing and Exploited Children
				or a law enforcement agency.
							2257B.Use of
				images to combat child pornography
						(a)In
				generalThe National Center
				for Missing and Exploited Children is authorized to provide elements of any
				image it receives through its CyberTipline to an online service provider for
				the sole and exclusive purpose of permitting that online service provider to
				stop the further transmission of that image. Such elements may include unique
				identification numbers generated from the data contained in the image file and
				other technology that serves to identify and stop the transmission of child
				pornography.
						(b)Use by online
				service providersAny online service provider that receives an
				image element from the National Center for Missing and Exploited Children under
				this section may use such element only for the purposes described in this
				section, provided that such use shall not relieve the online service provider
				from its reporting obligations under section 2257A.
						2257C.Limitations
				on liability
						(a)National Center
				for Missing and Exploited Children
							(1)In
				generalExcept as provided in paragraphs (2) and (3), a civil
				claim or criminal charge against the National Center for Missing and Exploited
				Children, including any director, officer, employee, or agent of such center,
				arising from the performance of the CyberTipline responsibilities or functions
				of such center, as described in this section, section 2257A or 2257B of this
				title, or section 404 of the Missing Children's Assistance Act (42 U.S.C.
				5773), or from the effort of such center to identify child victims may not be
				brought in any Federal or State court.
							(2)Intentional,
				reckless, or other misconductParagraph (1) shall not apply to a
				claim or charge if the National Center for Missing and Exploited Children, or a
				director, officer, employee, or agent of such center—
								(A)engaged in
				intentional misconduct; or
								(B)acted, or failed
				to act—
									(i)with actual
				malice;
									(ii)with reckless
				disregard to a substantial risk of causing injury without legal justification;
				or
									(iii)for a purpose
				unrelated to the performance of any responsibility or function under this
				section, section 2257A or 2257B of this title, or section 404 of the Missing
				Children's Assistance Act (42 U.S.C. 5773).
									(3)Ordinary
				business activitiesParagraph (1) shall not apply to an act or
				omission relating to an ordinary business activity, including general
				administration or operations, the use of motor vehicles, or personnel
				management.
							(b)Online service
				providers
							(1)In
				generalExcept as provided in paragraphs (2) and (3), a civil
				claim or criminal charge against an online service provider, including any
				director, officer, employee, or agent of such online service provider, arising
				from the performance of the reporting responsibilities of such online service
				provider under this section, section 2257A, or section 2257B may not be brought
				in any Federal or State court.
							(2)Intentional,
				reckless, or other misconductParagraph (1) shall not apply to a
				claim if the online service provider, or a director, officer, employee, or
				agent of that online service provider—
								(A)engaged in
				intentional misconduct; or
								(B)acted, or failed
				to act—
									(i)with actual
				malice;
									(ii)with reckless
				disregard to a substantial risk of causing injury without legal justification;
				or
									(iii)for a purpose
				unrelated to the performance of any responsibility or function under this
				section, section 2257A, or section 2257B.
									(3)Ordinary
				business activitiesParagraph (1) shall not apply to an act or
				omission relating to an ordinary business activity of an online service
				provider, including general administration or operations, the use of motor
				vehicles, or personnel
				management.
							.
			(b)Conforming
			 amendments
				(1)Repeal of
			 superceded provisionSection 227 of the Crime Control Act of 1990
			 (42 U.S.C. 13032) is repealed.
				(2)Table of
			 sectionsThe table of sections for chapter 110 of title 18,
			 United States Code, is amended by inserting after the item relating to section
			 2257 the following:

							2257A. Obligation to report child pornography by online service
				providers.
							2257B. Use of images to combat child pornography.
							2257C. Limitations on
				liability.

						.
				3.Encouraging
			 foreign countries to combat child pornography and child
			 exploitationThe United States
			 Trade Representative, the Attorney General of the United States, and the head
			 of any other relevant Federal agency shall take appropriate action to encourage
			 foreign governments to—
			(1)stop the production and transmission of
			 child pornography in the country of such government; and
			(2)cooperate with law enforcement agencies in
			 the United States, including Federal agencies and Internet Crimes Against
			 Children Task Forces, to combat the creation and transmission of child
			 pornography.
			4.Authorization of
			 funds to combat child pornographyThere are authorized to be appropriated to
			 the Attorney General $20,375,000 for grants to Internet Crimes Against Children
			 Task Force.
		5.Registration of
			 online identifiers of sex offenders
			(a)In
			 generalSection 114(a) of the
			 Sex Offender Registration and Notification Act (42 U.S.C. 16914(a)) is
			 amended—
				(1)by redesignating paragraph (7) as paragraph
			 (8); and
				(2)by inserting
			 after paragraph (6) the following:

						(7)Any e-mail
				address, instant message address, or other similar Internet identifier used by
				the sex offender to communicate over the
				Internet.
						.
				(b)Updating of
			 informationSection 113(c) of the Sex Offender Registration and
			 Notification Act (42 U.S.C. 16913(c)) is amended by inserting e-mail
			 address, instant message address, or other similar Internet identifier used by
			 the sex offender to communicate over the Internet, before or
			 student status.
			(c)Failure To
			 register online identifiersSection 2250 of title 18, United
			 States Code, is amended—
				(1)in subsection
			 (b), by inserting or (d) after subsection (a);
			 and
				(2)by adding at the
			 end the following:

						(d)Failure To
				register online identifiers
							(1)In
				generalIt shall be unlawful for any person who is required to
				register under the Sex Offender Registration and Notification Act (42 U.S.C.
				16901 et seq.) to fail to provide an e-mail address, instant message address,
				or other similar Internet identifier used by that person to communicate over
				the Internet to the appropriate official for inclusion in the sex offender
				registry, as required under that Act.
							(2)PenaltyAny
				person who violates paragraph (1) shall be fined under this title, imprisoned
				not more than 10 years, or
				both.
							.
				6.Use of the
			 Internet as an aggravating factor
			(a)In
			 generalChapter 110 of title 18, United States Code, is amended
			 by adding at the end the following:

					2260B.Use of the
				Internet as an aggravating factor
						(a)In
				generalIt shall be unlawful
				for any person to—
							(1)commit a violation of section 1466A, 1470,
				2251, 2251A, 2252, 2252A, 2252B, or 2260 that does not require, as an element
				of such violation, the use of the Internet; and
							(2)use the Internet
				to commit the violation described in paragraph (1).
							(b)Penalty
							(1)In
				generalAny person who violates subsection (a) shall be
				imprisoned for 10 years.
							(2)Consecutive
				sentenceA term of imprisonment imposed under this section shall
				be consecutive to the sentence of imprisonment for any other
				offense.
							.
			(b)Table of
			 sectionsThe table of sections for chapter 110 of title 18,
			 United States Code, is amended by adding at the end the following:

						2260B. Use of the Internet as an aggravating
				factor.

					.
			7.Removal of
			 offenders from social networking sitesAny online service provider (as that term is
			 defined in section 2257A of title 18, United States Code, as added by this Act)
			 that is a social networking site shall implement effective measures to remove
			 any web page hosted by that provider that is associated with any identifier
			 listed in section 114(a) of the Sex Offender Registration and Notification Act
			 (42 U.S.C. 16914(a)), as amended by this Act.


110 HR 2743 IH: Military Affiliate Radio System

U.S. House of Representatives
2007-06-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 2743
		IN THE HOUSE OF REPRESENTATIVES

			June 15, 2007
			Mr. Bartlett of
			 Maryland introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To provide for the continuance of volunteer
		  communications capability within the United States and its
		  territories.

		1.Short titleThis Act may be cited as the
			 Military Affiliate Radio System
			 Emergency Communication Act of 2007.
		2.Protection of the
			 Military Affiliate Radio System (MARS) and Shared Resources High Frequency
			 Radio Program (SHARES) Emergency Communications Systems
			(a)AmendmentThe first title XVIII of the Homeland
			 Security Act of 2002 (as added by section 671 of Public Law 109–295; 6 U.S.C.
			 571 et seq.), relating to emergency communications, is amended—
				(1)by redesignating
			 section 1808 as section 1809; and
				(2)by
			 inserting after section 1807 the following new section:

						1808.Protection of
				the Military Affiliate Radio System (MARS) and Shared Resources High Frequency
				Radio Program (SHARES) Emergency Communications Systems
							(a)PurposeThe purpose of this section is to recognize
				the valuable contribution that the Military Affiliate Radio System (in this
				section referred to as MARS) makes in providing a worldwide
				backup emergency communication system, either on their assigned channels or on
				the National Communication System Shared Resources High Frequency Radio Program
				(in this section referred to as SHARES), by protecting these
				existing volunteer high frequency networks.
							(b)RequirementsThe
				Secretary—
								(1)shall require that
				high frequency (short-wave) transmitters, receivers, and related data and
				interface equipment that meet standards of service established for the Amateur
				Radio Service under part 97 of title 47, Code of Federal Regulations, by the
				Federal Communications Commission (in this section referred to as the
				Commission) in the frequency range of 2–30 megahertz are also
				approved for routine training functions and emergency communication service on
				any Federal Government MARS or SHARES channel within that frequency
				range;
								(2)shall not require
				the discontinuance of the use of any communications equipment that has been
				approved by the Commission for operation within the Amateur Radio Service from
				operating in the radio service bands assigned to MARS or SHARES;
								(3)may add new
				transmitters and receivers to the MARS and SHARES networks so long as the
				equipment—
									(A)meets Commission
				standards for operation in the Amateur Radio Service; and
									(B)is equipped with
				frequency stabilization modules;
									(4)shall not add any additional technical
				requirements for MARS stations, and shall not permit any agency or
				instrumentality of the Department of Homeland Security to add any additional
				technical requirements for MARS stations; and
								(5)shall encourage and utilize MARS personnel,
				facilities, capabilities, and radio equipment to connect to the Internet in
				their emergency communication
				planning.
								.
				(b)Conforming
			 AmendmentThe table of
			 contents in section 1(b) of the Homeland Security Act of 2002 is amended by
			 striking out the item pertaining to section 1808 and inserting the
			 following:

						Sec. 1808. Protection of the Military
				Affiliate Radio System (MARS) and Shared Resources High Frequency Radio Program
				(SHARES) Emergency Communications Systems.
						Sec. 1809.
				Definition.

					.


		IV
		112th CONGRESS
		2d Session
		H. CON. RES. 142
		IN THE HOUSE OF REPRESENTATIVES

			November 30, 2012
			Mr. McKinley (for
			 himself, Mr. Rahall,
			 Mr. Upton,
			 Mr. Peterson,
			 Mr. Whitfield,
			 Mr. Holden,
			 Mr. Barton of Texas,
			 Mr. Shimkus, and
			 Mr. Johnson of Ohio) submitted the
			 following concurrent resolution; which was referred to the
			 Committee on Ways and
			 Means

		CONCURRENT RESOLUTION
		Expressing the opposition of Congress to
		  Federal efforts to establish a carbon tax on fuels for electricity and
		  transportation.

		Whereas affordable and abundant electricity from coal and
			 natural gas is a strategic resource that is essential to modern life, America’s
			 economic competitiveness, and, ultimately, independence from foreign and
			 volatile sources of energy;
		Whereas the application of a carbon tax to gasoline and
			 other transportation fuels will have a dramatic, immediate impact on
			 transportation costs, with the greatest impact being felt by low-income
			 Americans and their families;
		Whereas a carbon tax is designed to result in substantial,
			 immediate increases in the price of electricity, making electricity less
			 affordable for millions of Americans;
		Whereas a carbon tax applicable to coal and natural gas
			 electricity generation would be punitive and harmful to the American people by
			 artificially raising electricity costs;
		Whereas, with continuing high national joblessness and an
			 unemployment rate exceeding 7.8 percent every month since February 2009, a
			 carbon tax will drive the unemployment rate even higher;
		Whereas a carbon tax is likely to have an uneven effect,
			 hitting different regions of the country and segments of the economy much more
			 severely than others;
		Whereas a carbon tax is regressive and will
			 impose the greatest burden on low-income individuals and families who already
			 spend the largest share of their income on energy and are least able to afford
			 a carbon tax;
		Whereas economic modeling of Australia’s recently
			 implemented carbon tax shows that it increases energy costs, and reduces growth
			 in GDP, productivity, and household incomes;
		Whereas a carbon tax in the United States will have no
			 impact on China, India, and other major sources of carbon emissions throughout
			 the world, except to increase their competitiveness with the United States;
			 and
		Whereas a carbon tax will put United States exporters at a
			 competitive disadvantage by increasing domestic manufacturing production costs:
			 Now, therefore, be it

		That Congress opposes Federal efforts to
			 establish a carbon tax on fuels for electricity and transportation.


		I
		112th CONGRESS
		1st Session
		H. R. 1134
		IN THE HOUSE OF REPRESENTATIVES

			March 16, 2011
			Mr. Hunter (for
			 himself, Mr. Bilbray,
			 Mr. Westmoreland,
			 Ms. Foxx, Mr. Graves of Missouri,
			 Mrs. Bachmann,
			 Mrs. Miller of Michigan,
			 Mr. Sam Johnson of Texas,
			 Mr. Kingston,
			 Mr. Carter,
			 Mr. Rohrabacher,
			 Mr. Burton of Indiana,
			 Mr. Posey,
			 Mrs. Myrick,
			 Mr. Campbell,
			 Mr. Barton of Texas,
			 Mr. Coffman of Colorado,
			 Mr. Jones,
			 Mr. Akin, and
			 Mr. King of Iowa) introduced the
			 following bill; which was referred to the Committee on the Judiciary

		A BILL
		To amend section 241(i) of the Immigration and
		  Nationality Act to deny assistance under such section to a State or political
		  subdivision of a State that prohibits its officials from taking certain actions
		  with respect to immigration.

		1.Short titleThis Act may be cited as the
			 Enforce the Law for Sanctuary Cities
			 Act.
		2.Eligibility
			 requirements for State Criminal Alien Assistance Program (SCAAP)
			 fundingSection 241(i) of the
			 Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended by adding at the
			 end the following:

				(7)A State (or a
				political subdivision of a State) shall not be eligible to enter into a
				contractual arrangement under paragraph (1) if the State (or political
				subdivision)—
					(A)has in effect any
				law, policy, or procedure in contravention of subsection (a) or (b) of section
				642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
				(8 U.S.C. 1373); or
					(B)prohibits State or
				local law enforcement officials from gathering information regarding the
				citizenship or immigration status, lawful or unlawful, of any
				individual.
					.


116 HR 4489 IH: Hotel Advertising Transparency Act of 2019
U.S. House of Representatives
2019-09-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4489IN THE HOUSE OF REPRESENTATIVESSeptember 25, 2019Ms. Johnson of Texas (for herself, Mr. Fortenberry, and Ms. Bass) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo prohibit unfair and deceptive advertising of rates for hotel rooms and other places of
			 short-term lodging.

 1.Short titleThis Act may be cited as the Hotel Advertising Transparency Act of 2019. 2.FindingsCongress makes the following findings:
 (1)As of the day before the date of the enactment of this Act, hotel rooms and other places of lodging are often advertised at a rate and later in the buying process mandatory fees are disclosed that were not included in the advertised room rate.
 (2)The mandatory fees described in paragraph (1) are sometimes called by names such as resort fees, cleaning fees, or facility fees and they are all mandatory and charged by a place of short-term lodging in addition to advertised room rates.
 (3)The number of short-term lodging facilities that charged mandatory resort fees is growing. (4)Advertising that does not reflect the true mandatory cost of a stay at a place of short-term lodging is deceptive.
 (5)The Federal Trade Commission has authority under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to regulate and prohibit unfair or deceptive acts or practices in or affecting commerce.
 (6)In 2012 and 2013, the Federal Trade Commission exercised its authority under that section 5 to issue warning letters to 35 hotel operators and 11 online travel agents. In those letters, the Commission cautioned hotel operators and online travel agents that mandatory resort fees could confuse consumers in violation of section 5(a)(2) of such Act (15 U.S.C. 45(a)(2)).
 (7)In 2017, an economist at the Federal Trade Commission published an issue paper that found that forcing consumers to click through additional webpages to see a hotel’s resort fee increases the time spent searching and learning the hotel’s price, and went on to state the following: Separating the room rate from the resort fee increases the cognitive costs of remembering the hotel’s price. When it becomes more costly to search and evaluate an additional hotel, a consumer’s choice is either to incur higher total search and cognitive costs or to make an incomplete, less informed decision that may result in a more costly room, or both.
			3.Prohibition on unfair and deceptive advertising of hotel room rates
 (a)ProhibitionNo person with respect to whom the Federal Trade Commission is empowered under section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) may advertise in interstate commerce a rate for a place of short-term lodging that does not include all required fees, excluding taxes and fees imposed by a government.
			(b)Enforcement by Federal Trade Commission
 (1)Unfair or deceptive acts or practicesA violation of subsection (a) by a person subject to such subsection shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
				(2)Powers of Commission
 (A)In generalThe Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
					(B)Rulemaking
 (i)In generalThe Commission may promulgate such rules as the Commission considers appropriate to enforce this section.
 (ii)ProceduresThe Commission shall carry out any rulemaking under clause (i) in accordance with section 553 of title 5, United States Code.
						(c)Enforcement by States
 (1)In generalIn any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to subsection (a) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief.
				(2)Rights of Federal Trade Commission
					(A)Notice to Federal Trade Commission
 (i)In generalExcept as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to subsection (a).
 (ii)ContentsThe notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action.
 (iii)ExceptionIf it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action.
 (B)Intervention by Federal Trade CommissionThe Commission may— (i)intervene in any civil action brought by the attorney general of a State under paragraph (1) against a person described in such paragraph; and
 (ii)upon intervening— (I)be heard on all matters arising in the civil action; and
 (II)file petitions for appeal of a decision in the civil action. (3)Investigatory powersNothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence.
 (4)Effect on State court proceedingsNothing in this subsection shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State.
 (5)Coordination with Federal Trade CommissionIf the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (a), the attorney general of a State shall coordinate with the Commission before bringing a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action.
				(6)Venue; service of process
 (A)VenueAny action brought under paragraph (1) may be brought in— (i)the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or
 (ii)another court of competent jurisdiction. (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.
						(7)Actions by other State officials
 (A)In generalIn addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general.
 (B)Savings provisionNothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.
 (d)DefinitionsAs used in this Act— (1)the term place of short-term lodging means a hotel, motel, inn, or other place of lodging that advertises at a rate that is a nightly, hourly, or weekly rate; and
 (2)the term State includes any territory of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
 (e)Effective dateSubsection (a) shall take effect on the date that is 30 days after the date of enactment of this Act.