116 HR 5035 : Television Viewer Protection Act of 2019
U.S. House of Representatives
2019-12-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		116th CONGRESS1st Session
		H. R. 5035
		IN THE SENATE OF THE UNITED STATES
		December 11, 2019Received; read twice and referred to the Committee on Commerce, Science, and TransportationAN ACT
		To amend the Communications Act of 1934 to extend expiring provisions relating to the
			 retransmission of signals of television broadcast stations, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Television Viewer Protection Act of 2019. 2.Extension of authoritySection 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended—
 (1)in paragraph (2)(C), by striking December 31, 2019 and inserting the expiration date, if any, described in section 119(h) of title 17, United States Code; and (2)in paragraph (3)(C), by striking until January 1, 2020, each place it appears.
			3.Satisfaction of good faith negotiation requirement by multichannel video programming distributors
 (a)Satisfaction of good faith negotiation requirementSection 325(b)(3)(C) of the Communications Act of 1934 (47 U.S.C. 325(b)(3)(C)) is amended— (1)in clause (iv), by striking ; and and inserting a semicolon;
 (2)in clause (v), by striking the period at the end and inserting ; and; and (3)by adding at the end the following:

 (vi)not later than 90 days after the date of the enactment of the Television Viewer Protection Act of 2019, specify that—
 (I)a multichannel video programming distributor may satisfy its obligation to negotiate in good faith under clause (iii) with respect to a negotiation for retransmission consent under this section with a large station group by designating a qualified MVPD buying group to negotiate on its behalf, so long as the qualified MVPD buying group itself negotiates in good faith in accordance with such clause;
 (II)it is a violation of the obligation to negotiate in good faith under clause (iii) for the qualified MVPD buying group to disclose the prices, terms, or conditions of an ongoing negotiation or the final terms of a negotiation to a member of the qualified MVPD buying group that is not intending, or is unlikely, to enter into the final terms negotiated by the qualified MVPD buying group; and
 (III)a large station group has an obligation to negotiate in good faith under clause (ii) with respect to a negotiation for retransmission consent under this section with a qualified MVPD buying group..
 (b)DefinitionsSection 325(b)(7) of the Communications Act of 1934 (47 U.S.C. 325(b)(7)) is amended— (1)in subparagraph (A), by striking ; and and inserting a semicolon;
 (2)in subparagraph (B), by striking the period at the end and inserting a semicolon; and (3)by adding at the end the following:

 (C)qualified MVPD buying group means an entity that, with respect to a negotiation with a large station group for retransmission consent under this section—
 (i)negotiates on behalf of two or more multichannel video programming distributors— (I)none of which is a multichannel video programming distributor that serves more than 500,000 subscribers nationally; and
 (II)that do not collectively serve more than 25 percent of all households served by a multichannel video programming distributor in any single local market in which the applicable large station group operates; and
 (ii)negotiates agreements for such retransmission consent— (I)that contain standardized contract provisions, including billing structures and technical quality standards, for each multichannel video programming distributor on behalf of which the entity negotiates; and
 (II)under which the entity assumes liability to remit to the applicable large station group all fees received from the multichannel video programming distributors on behalf of which the entity negotiates;
 (D)large station group means a group of television broadcast stations that— (i)are directly or indirectly under common de jure control permitted by the regulations of the Commission;
 (ii)generally negotiate agreements for retransmission consent under this section as a single entity; and
 (iii)include only television broadcast stations that have a national audience reach of more than 20 percent;
 (E)local market has the meaning given such term in section 122(j) of title 17, United States Code; and (F)multichannel video programming distributor has the meaning given such term in section 602..
 (c)Conforming amendmentsSection 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended— (1)in paragraph (2)—
 (A)by inserting and after 1992,; and (B)by striking , and the term local market has the meaning given that term in section 122(j) of such title; and
 (2)in paragraph (3)(C), by striking (as defined in section 122(j) of title 17, United States Code) each place it appears. (d)Effective dateThe amendments made by this section, and the regulations promulgated by the Federal Communications Commission under such amendments, shall not take effect before January 1 of the calendar year after the calendar year in which this Act is enacted.
			4.Requirements relating to charges for covered services
 (a)In generalPart IV of title VI of the Communications Act of 1934 (47 U.S.C. 551 et seq.) is amended by adding at the end the following:

					642.Requirements relating to charges for covered services
						(a)Consumer rights in sales
 (1)Right to transparencyBefore entering into a contract with a consumer for the provision of a covered service, a provider of a covered service shall provide the consumer, by phone, in person, online, or by other reasonable means, the total monthly charge for the covered service, whether offered individually or as part of a bundled service, selected by the consumer (explicitly noting the amount of any applicable promotional discount reflected in such charge and when such discount will expire), including any related administrative fees, equipment fees, or other charges, a good faith estimate of any tax, fee, or charge imposed by the Federal Government or a State or local government (whether imposed on the provider or imposed on the consumer but collected by the provider), and a good faith estimate of any fee or charge that is used to recover any other assessment imposed on the provider by the Federal Government or a State or local government.
 (2)Right to formal noticeA provider of a covered service that enters into a contract described in paragraph (1) shall, not later than 24 hours after entering into the contract, send the consumer, by email, online link, or other reasonably comparable means, a copy of the information described in such paragraph.
 (3)Right to cancelA provider of a covered service that enters into a contract described in paragraph (1) shall permit the consumer to cancel the contract, without paying early cancellation fees or other disconnection fees or penalties, during the 24-hour period beginning when the provider of the covered service sends the copy required by paragraph (2).
 (b)Consumer rights in e-billingIf a provider of a covered service provides a bill to a consumer in an electronic format, the provider shall include in the bill—
 (1)an itemized statement that breaks down the total amount charged for or relating to the provision of the covered service by the amount charged for the provision of the service itself and the amount of all related taxes, administrative fees, equipment fees, or other charges;
 (2)the termination date of the contract for the provision of the covered service entered into between the consumer and the provider; and
 (3)the termination date of any applicable promotional discount. (c)Consumer rights to accurate equipment chargesA provider of a covered service or fixed broadband internet access service may not charge a consumer for—
 (1)using covered equipment provided by the consumer; or (2)renting, leasing, or otherwise providing to the consumer covered equipment if—
 (A)the provider has not provided the equipment to the consumer; or (B)the consumer has returned the equipment to the provider, except to the extent that the charge relates to the period beginning on the date when the provider provided the equipment to the consumer and ending on the date when the consumer returned the equipment to the provider.
 (d)DefinitionsIn this section: (1)Broadband internet access serviceThe term broadband internet access service has the meaning given such term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.
 (2)Covered equipmentThe term covered equipment means equipment (such as a router) employed on the premises of a person (other than a provider of a covered service or fixed broadband internet access service) to provide a covered service or to provide fixed broadband internet access service.
 (3)Covered serviceThe term covered service means service provided by a multichannel video programming distributer, to the extent such distributor is acting as a multichannel video programming distributor..
 (b)Effective dateSection 642 of the Communications Act of 1934, as added by subsection (a) of this section, shall apply beginning on the date that is 6 months after the date of the enactment of this Act. The Federal Communications Commission may grant an additional 6-month extension if the Commission finds that good cause exists for such an additional extension.

	Passed the House of Representatives December 10, 2019.Cheryl L. Johnson,Clerk.


		II
		Calendar No. 639
		111th CONGRESS
		2d Session
		H. R. 4168
		IN THE SENATE OF THE UNITED
		  STATES

			September 29, 2010
			Received; read the first time

			November 15, 2010
			Read the second time and placed on the
			 calendar

		AN ACT
		To amend the Internal Revenue Code of 1986
		  to expand the definition of cellulosic biofuel to include algae-based biofuel
		  for purposes of the cellulosic biofuel producer credit and the special
		  allowance for cellulosic biofuel plant property.

		1.Short titleThis Act may be cited as the
			 Algae-based Renewable Fuel Promotion
			 Act of 2010.
		2.Algae treated as a
			 qualified feedstock for purposes of the cellulosic biofuel producer credit,
			 etc
			(a)In
			 generalSubclause (I) of section 40(b)(6)(E)(i) of the Internal
			 Revenue Code of 1986 is amended to read as follows:

					(I)is derived solely from qualified
				feedstocks,
				and
					.
			(b)Qualified
			 feedstock; special rules for algaeParagraph (6) of section 40(b)
			 of such Code is amended by redesignating subparagraphs (F), (G), and (H) as
			 subparagraphs (H), (I), and (J), respectively, and by inserting after
			 subparagraph (E) the following new subparagraphs:

					(F)Qualified
				feedstockFor purposes of
				this paragraph, the term qualified feedstock means—
						(i)any
				lignocellulosic or hemicellulosic matter that is available on a renewable or
				recurring basis, and
						(ii)any cultivated
				algae, cyanobacteria, or lemna.
						(G)Special rules
				for algaeIn the case of fuel which is derived from feedstock
				described in subparagraph (F)(ii) and which is sold by the taxpayer to another
				person for refining by such other person into a fuel which meets the
				requirements of subparagraph (E)(i)(II)—
						(i)such sale shall be
				treated as described in subparagraph (C)(i),
						(ii)such fuel shall
				be treated as meeting the requirements of subparagraph (E)(i)(II) in the hands
				of such taxpayer, and
						(iii)except as
				provided in this subparagraph, such fuel (and any fuel derived from such fuel)
				shall not be taken into account under subparagraph (C) with respect to the
				taxpayer or any other
				person.
						.
			(c)Algae treated as
			 a qualified feedstock for purposes of bonus depreciation for biofuel plant
			 property
				(1)In
			 generalSubparagraph (A) of section 168(l)(2) of such Code is
			 amended by striking solely to produce cellulosic biofuel and
			 inserting solely to produce second generation biofuel (as defined in
			 section 40(b)(6)(E).
				(2)Conforming
			 amendmentsSubsection (l) of section 168 of such Code is
			 amended—
					(A)by striking
			 cellulosic biofuel each place it appears in the text thereof and
			 inserting second generation biofuel,
					(B)by striking
			 paragraph (3) and redesignating paragraphs (4) through (8) as paragraphs (3)
			 through (7), respectively,
					(C)by striking Cellulosic in the
			 heading of such subsection and inserting Second Generation,
			 and
					(D)by striking cellulosic in the
			 heading of paragraph (2) and inserting second generation.
					(d)Conforming
			 amendments
				(1)Section 40 of such
			 Code, as amended by subsection (b), is amended—
					(A)by striking
			 cellulosic biofuel each place it appears in the text thereof and
			 inserting second generation biofuel,
					(B)by striking
			 Cellulosic in the headings of subsections
			 (b)(6), (b)(6)(E), and (d)(3)(D) and inserting Second generation,
			 and
					(C)by striking cellulosic in the
			 headings of subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), (d)(6), and (e)(3) and
			 inserting second
			 generation.
					(2)Clause (ii) of
			 section 40(b)(6)(E) of such Code is amended by striking Such term shall
			 not and inserting The term second generation
			 biofuel shall not.
				(3)Paragraph (1) of
			 section 4101(a) of such Code is amended by striking cellulosic
			 biofuel and inserting second generation biofuel.
				(e)Effective
			 date
				(1)In
			 generalExcept as provided in paragraph (2), the amendments made
			 by this section shall apply to fuels sold or used after the date of the
			 enactment of this Act.
				(2)Application to
			 bonus depreciationThe amendments made by subsection (c) shall
			 apply to property placed in service after the date of the enactment of this
			 Act.
				3.Paygo
			 complianceThe budgetary
			 effects of this Act, for the purpose of complying with the Statutory
			 Pay-As-You-Go Act of 2010, shall be determined by reference to the latest
			 statement titled Budgetary Effects of PAYGO Legislation for this
			 Act, submitted for printing in the Congressional Record by the Chairman of the
			 House Budget Committee, provided that such statement has been submitted prior
			 to the vote on passage.

			Passed the House of
			 Representatives September 28, 2010.
			Lorraine C. Miller,
			Clerk.

		November 15, 2010
		Read the second time and placed on the
		  calendar


115 S709 IS: Disaster Assistance Improvement Act of 2017
U.S. Senate
2017-03-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 709IN THE SENATE OF THE UNITED STATESMarch 23, 2017Mr. Nelson introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo prohibit the Administrator of the Federal Emergency Management Agency from taking administrative
			 action to recover certain payments for disaster or emergency assistance,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Disaster Assistance Improvement Act of 2017. 2.Actions to recover payment for disaster or emergency assistance (a)In generalSection 705 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) is amended—
 (1)in subsection (a)(1)— (A)by striking Except and inserting Notwithstanding section 3716(e) of title 31, United States Code, and except; and
 (B)by striking report for the disaster or emergency and inserting report for project completion as certified by the grantee; and (2)in subsection (b)—
 (A)in paragraph (1), by striking report for the disaster or emergency and inserting report for project completion as certified by the grantee; and (B)in paragraph (3), by inserting for project completion as certified by the grantee after final expenditure report.
 (b)ApplicabilityWith respect to a payment for disaster or emergency assistance provided to a State or local government on or after January 1, 2004, the Administrator of the Federal Emergency Management Agency may not take administrative action to recover such payment for assistance after the date of enactment of this Act if the action is prohibited under section 705(a)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205(a)(1)), as amended by subsection (a).
 (c)LimitationNothing in this section, including the amendments made by this section, shall be construed to invalidate or otherwise affect any administrative action completed before the date of enactment of this Act.


116 HR 5315 : Expanding Opportunity for Minority Depository Institutions Act
U.S. House of Representatives

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

		IIB
		116th CONGRESS2d Session
		H. R. 5315
		IN THE SENATE OF THE UNITED STATES
		January 14, 2020Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs
			AN ACT
		To amend the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to establish a
			 Financial Agent Mentor-Protégé Program within the Department of the
			 Treasury, and for other purposes.

 1.Short titleThis Act may be cited as the Expanding Opportunity for Minority Depository Institutions Act or the Expanding Opportunity for MDIs Act. 2.Establishment of Financial Agent Mentor-Protégé Program (a)In generalSection 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended by adding at the end the following new subsection:

					(d)Financial Agent Mentor-Protégé Program
 (1)In generalThe Secretary of the Treasury shall establish a program to be known as the Financial Agent Mentor-Protégé Program (in this subsection referred to as the Program) under which a financial agent designated by the Secretary or a large financial institution may serve as a mentor, under guidance or regulations prescribed by the Secretary, to a small financial institution to allow such small financial institution—
 (A)to be prepared to perform as a financial agent; or (B)to improve capacity to provide services to the customers of the small financial institution.
 (2)OutreachThe Secretary shall hold outreach events to promote the participation of financial agents, large financial institutions, and small financial institutions in the Program at least once a year.
 (3)ExclusionThe Secretary shall issue guidance or regulations to establish a process under which a financial agent, large financial institution, or small financial institution may be excluded from participation in the Program.
 (4)ReportThe Office of Minority and Women Inclusion of the Department of the Treasury shall include in the report submitted to Congress under section 342(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act information pertaining to the Program, including—
 (A)the number of financial agents, large financial institutions, and small financial institutions participating in such Program; and
 (B)the number of outreach events described in paragraph (2) held during the year covered by such report.
 (5)DefinitionsIn this subsection: (A)Financial agentThe term financial agent means any national banking association designated by the Secretary of the Treasury to be employed as a financial agent of the Government.
 (B)Large financial institutionThe term large financial institution means any entity regulated by the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the National Credit Union Administration that has total consolidated assets greater than or equal to $50,000,000,000.
 (C)Small financial institutionThe term small financial institution means— (i)any entity regulated by the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the National Credit Union Administration that has total consolidated assets lesser than or equal to $2,000,000,000; or
 (ii)a minority depository institution.. (b)Effective dateThis Act and the amendments made by this Act shall take effect 90 days after the date of the enactment of this Act.

	Passed the House of Representatives January 13, 2020.Cheryl L. Johnson,Clerk.


		II

		109th CONGRESS

		1st Session

		S. 1283

		IN THE SENATE OF THE UNITED

		  STATES

			June 21, 2005

			Mrs. Clinton (for

			 herself, Mr. Warner,

			 Ms. Mikulski, Mr. Smith, Mr.

			 Kennedy, Ms. Collins,

			 Mr. Jeffords, Mr. Bond, Mrs.

			 Murray, Mr. Cochran,

			 Mrs. Boxer, Ms.

			 Snowe, Mr. Kerry,

			 Mr. Talent, Mr.

			 Nelson of Nebraska, Mr.

			 Coleman, Mr. Durbin, and

			 Mr. Hagel) introduced the following bill;

			 which was read twice and referred to the Committee on Health, Education, Labor, and

			 Pensions

		A BILL

		To amend the Public Health Service Act to

		  establish a program to assist family caregivers in accessing affordable and

		  high-quality respite care, and for other purposes.

		1.Short titleThis Act may be cited as the

			 Lifespan Respite Care Act of

			 2005.

		2.Lifespan respite

			 careThe

			 Public Health Service Act

			 (42 U.S.C.

			 201 et seq.) is amended by adding at the end the

			 following:

				XXIXLifespan respite care

					2901.Findings and

				purposes

						(a)FindingsCongress finds that—

							(1)an estimated 26,000,000 individuals in the

				United States care each year for 1 or more adult family members or friends who

				are chronically ill, disabled, or terminally ill;

							(2)an estimated 18,000,000 children in the

				United States have chronic physical, developmental, behavioral, or emotional

				conditions that demand caregiver monitoring, management, supervision, or

				treatment beyond that required of children generally;

							(3)nearly 4,000,000 individuals in the United

				States of all ages who have mental retardation or another developmental

				disability live with their families;

							(4)almost 25 percent of the Nation’s elders

				experience multiple chronic disabling conditions that make it necessary to rely

				on others for help in meeting their daily needs;

							(5)every year, approximately 600,000 Americans

				die at home and many of these individuals rely on extensive family caregiving

				before their death;

							(6)of all individuals in the United States

				needing assistance in daily living, 42 percent are under age 65;

							(7)there are insufficient resources to replace

				family caregivers with paid workers;

							(8)if services provided by family caregivers

				had to be replaced with paid services, it would cost approximately

				$200,000,000,000 annually;

							(9)the family caregiver role is personally

				rewarding but can result in substantial emotional, physical, and financial

				hardship;

							(10)approximately 75 percent of family

				caregivers are women;

							(11)family caregivers often do not know where

				to find information about available respite care or how to access it;

							(12)available respite care programs are

				insufficient to meet the need and are directed at primarily lower income

				populations and family caregivers of the elderly, leaving large numbers of

				family caregivers without adequate support; and

							(13)the limited number of available respite

				care programs find it difficult to recruit appropriately trained respite

				workers.

							(b)PurposesThe purposes of this title are—

							(1)to encourage States to establish State and

				local lifespan respite care programs;

							(2)to improve and coordinate the dissemination

				of respite care information and resources to family caregivers;

							(3)to provide, supplement, or improve respite

				care services to family caregivers;

							(4)to promote innovative, flexible, and

				comprehensive approaches to—

								(A)the delivery of respite care;

								(B)respite care worker and volunteer

				recruitment and training programs; and

								(C)training programs for family caregivers to

				assist such family caregivers in making informed decisions about respite care

				services;

								(5)to support evaluative research to identify

				effective respite care services that alleviate, reduce, or minimize any

				negative consequences of caregiving; and

							(6)to promote the dissemination of results,

				findings, and information from programs and research projects relating to

				respite care delivery, family caregiver strain, respite care worker and

				volunteer recruitment and training, and training programs for family caregivers

				that assist such family caregivers in making informed decisions about respite

				care services.

							2902.DefinitionsIn this title:

						(1)Eligible

				recipientThe term

				eligible recipient means—

							(A)a State agency;

							(B)any other public entity that is capable of

				operating on a statewide basis;

							(C)a private, nonprofit organization that is

				capable of operating on a statewide basis;

							(D)a political subdivision of a State that has

				a population of not less than 3,000,000 individuals; or

							(E)any recognized State respite coordinating

				agency that has—

								(i)a demonstrated ability to work with other

				State and community-based agencies;

								(ii)an understanding of respite care and family

				caregiver issues; and

								(iii)the capacity to ensure meaningful

				involvement of family members, family caregivers, and care recipients.

								(2)Adult with a

				special needThe term

				adult with a special need means a person 18 years of age or older

				who requires care or supervision to—

							(A)meet the person’s basic needs; or

							(B)prevent physical self-injury or injury to

				others.

							(3)Child with a

				special needThe term

				child with a special need means a person less than 18 years of age

				who requires care or supervision beyond that required of children generally

				to—

							(A)meet the child’s basic needs; or

							(B)prevent physical self-injury or injury to

				others.

							(4)Family

				caregiverThe term

				family caregiver means an unpaid family member, a foster parent,

				or another unpaid adult, who provides in-home monitoring, management,

				supervision, or treatment of a child or adult with a special need.

						(5)Respite

				careThe term respite

				care means planned or emergency care provided to a child or adult with a

				special need in order to provide temporary relief to the family caregiver of

				that child or adult.

						(6)Lifespan

				respite careThe term

				lifespan respite care means a coordinated system of accessible,

				community-based respite care services for family caregivers of children or

				adults with special needs.

						2903.Lifespan respite

				care grants and cooperative agreements

						(a)PurposesThe purposes of this section are—

							(1)to expand and enhance respite care services

				to family caregivers;

							(2)to improve the statewide dissemination and

				coordination of respite care; and

							(3)to provide, supplement, or improve access

				and quality of respite care services to family caregivers, thereby reducing

				family caregiver strain.

							(b)AuthorizationSubject to subsection (f), the Secretary is

				authorized to award grants or cooperative agreements to eligible recipients who

				submit an application pursuant to subsection (d).

						(c)Federal

				lifespan approachIn carrying

				out this section, the Secretary shall work in cooperation with the National

				Family Caregiver Support Program Officer of the Administration on Aging, and

				respite care program officers in the Administration for Children and Families,

				the Administration on Developmental Disabilities, the Maternal and Child Health

				Bureau of the Health Resources and Services Administration, and the Substance

				Abuse and Mental Health Services Administration, to ensure coordination of

				respite care services for family caregivers of children and adults with special

				needs.

						(d)Application

							(1)SubmissionEach eligible recipient desiring to receive

				a grant or cooperative agreement under this section shall submit an application

				to the Secretary at such time, in such manner, and containing such information

				as the Secretary shall require.

							(2)ContentsEach application submitted under this

				section shall include—

								(A)a description of the applicant’s—

									(i)understanding of respite care and family

				caregiver issues;

									(ii)capacity to ensure meaningful involvement

				of family members, family caregivers, and care recipients; and

									(iii)collaboration with other State and

				community-based public, nonprofit, or private agencies;

									(B)with respect to the population of family

				caregivers to whom respite care information or services will be provided or for

				whom respite care workers and volunteers will be recruited and trained, a

				description of—

									(i)the population of family caregivers;

									(ii)the extent and nature of the respite care

				needs of that population;

									(iii)existing respite care services for that

				population, including numbers of family caregivers being served and extent of

				unmet need;

									(iv)existing methods or systems to coordinate

				respite care information and services to the population at the State and local

				level and extent of unmet need;

									(v)how respite care information dissemination

				and coordination, respite care services, respite care worker and volunteer

				recruitment and training programs, or training programs for family caregivers

				that assist such family caregivers in making informed decisions about respite

				care services will be provided using grant or cooperative agreement

				funds;

									(vi)a plan for collaboration and coordination

				of the proposed respite care activities with other related services or programs

				offered by public or private, nonprofit entities, including area agencies on

				aging;

									(vii)how the population, including family

				caregivers, care recipients, and relevant public or private agencies, will

				participate in the planning and implementation of the proposed respite care

				activities;

									(viii)how the proposed respite care activities

				will make use, to the maximum extent feasible, of other Federal, State, and

				local funds, programs, contributions, other forms of reimbursements, personnel,

				and facilities;

									(ix)respite care services available to family

				caregivers in the applicant’s State or locality, including unmet needs and how

				the applicant’s plan for use of funds will improve the coordination and

				distribution of respite care services for family caregivers of children and

				adults with special needs;

									(x)the criteria used to identify family

				caregivers eligible for respite care services;

									(xi)how the quality and safety of any respite

				care services provided will be monitored, including methods to ensure that

				respite care workers and volunteers are appropriately screened and possess the

				necessary skills to care for the needs of the care recipient in the absence of

				the family caregiver; and

									(xii)the results expected from proposed respite

				care activities and the procedures to be used for evaluating those results;

				and

									(C)assurances that, where appropriate, the

				applicant shall have a system for maintaining the confidentiality of care

				recipient and family caregiver records.

								(e)Review of

				applications

							(1)Establishment

				of review panelThe Secretary

				shall establish a panel to review applications submitted under this

				section.

							(2)MeetingsThe panel shall meet as often as may be

				necessary to facilitate the expeditious review of applications.

							(3)Function of

				panelThe panel shall—

								(A)review and evaluate each application

				submitted under this section; and

								(B)make recommendations to the Secretary

				concerning whether the application should be approved.

								(f)Awarding of

				grants or cooperative agreements

							(1)In

				generalThe Secretary shall

				award grants or cooperative agreements from among the applications approved by

				the panel under subsection (e)(3).

							(2)PriorityWhen awarding grants or cooperative

				agreements under this subsection, the Secretary shall give priority to

				applicants that show the greatest likelihood of implementing or enhancing

				lifespan respite care statewide.

							(g)Use of grant or

				cooperative agreement funds

							(1)In

				general

								(A)Mandatory uses

				of fundsEach eligible

				recipient that is awarded a grant or cooperative agreement under this section

				shall use the funds for, unless such a program is in existence—

									(i)the development of lifespan respite care at

				the State and local levels; and

									(ii)an evaluation of the effectiveness of such

				care.

									(B)Discretionary

				uses of fundsEach eligible

				recipient that is awarded a grant or cooperative agreement under this section

				may use the funds for—

									(i)respite care services for family caregivers

				of children and adults with special needs;

									(ii)respite care worker and volunteer training

				programs; or

									(iii)training programs for family caregivers to

				assist such family caregivers in making informed decisions about respite care

				services.

									(C)EvaluationIf an eligible recipient uses funds awarded

				under this section for an activity described in subparagraph (B), the eligible

				recipient shall use funds for an evaluation of the effectiveness of the

				activity.

								(2)SubcontractsEach eligible recipient that is awarded a

				grant or cooperative agreement under this section may use the funds to

				subcontract with a public or nonprofit agency to carry out the activities

				described in paragraph (1).

							(h)Term of grants

				or cooperative agreements

							(1)In

				generalThe Secretary shall

				award grants or cooperative agreements under this section for terms that do not

				exceed 5 years.

							(2)RenewalThe Secretary may renew a grant or

				cooperative agreement under this section at the end of the term of the grant or

				cooperative agreement determined under paragraph (1).

							(i)Supplement, not

				supplantFunds made available

				under this section shall be used to supplement and not supplant other Federal,

				State, and local funds available for respite care services.

						(j)Authorization

				of appropriationsThere are

				authorized to be appropriated to carry out this section, such sums as may be

				necessary for each of fiscal years 2006 through 2010.

						2904.National lifespan

				respite resource center

						(a)EstablishmentFrom funds appropriated under subsection

				(c), the Secretary shall award a grant or cooperative agreement to a public or

				private nonprofit entity to establish a National Resource Center on Lifespan

				Respite Care (referred to in this section as the center).

						(b)Purposes of the

				centerThe center

				shall—

							(1)maintain a national database on lifespan

				respite care;

							(2)provide training and technical assistance

				to State, community, and nonprofit respite care programs; and

							(3)provide information, referral, and

				educational programs to the public on lifespan respite care.

							(c)Authorization

				of appropriationsThere are

				authorized to be appropriated to carry out this section, such sums as may be

				necessary for each of fiscal years 2006 through

				2010.

						.


116 HRES 470 IH: Expressing support for the designation of October 1, 2019, as “National Health Literacy Day” to recognize the value of health literacy in transforming and improving health and healthcare for all people in the United States.
U.S. House of Representatives
2019-06-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
116th CONGRESS
1st Session
H. RES. 470
IN THE HOUSE OF REPRESENTATIVES

June 27, 2019
Mr. Levin of California (for himself, Mr. Gianforte, Mr. Rouda, and Mr. Cox of California) submitted the following resolution; which was referred to the Committee on Energy and Commerce

RESOLUTION
Expressing support for the designation of October 1, 2019, as National Health Literacy Day to recognize the value of health literacy in transforming and improving health and healthcare for all people in the United States.

Whereas health literacy is the degree to which individuals have the capacity to obtain, process, and understand basic health information and services needed to make appropriate health decisions;  Whereas, based on a national assessment, a majority of adults have intermediate health literacy, while more than 75 million adults had basic or below basic health literacy;
Whereas mental health literacy is defined as knowledge and beliefs about mental disorders that aid in their recognition, management, or prevention;  Whereas good mental health literacy may lead to better outcomes for those with mental disorders, particularly those with suicidal ideation, either by facilitating early help-seeking or by helping others identify early signs of mental disorders and seek help on behalf of another;
Whereas language differences, cultural barriers, and low health literacy have been described as a triple threat to effective health communication between providers and patients that could harm the delivery of quality care for communities of color;  Whereas, according to the Agency for Healthcare Research and Quality, low health literacy is consistently associated with increased hospitalizations, greater emergency care use, lower use of mammography, lower receipt of influenza vaccine, poorer ability to demonstrate taking medications appropriately, poorer ability to interpret labels and health messages, and, among seniors, poorer overall health status and higher mortality;
Whereas experts estimate that the cost of low health literacy to the United States economy is between $106 billion to $238 billion annually;  Whereas, when health literacy is measured, it has been shown that—
(1)individuals with low health literacy scores had higher rates of diabetes, obesity, and high blood pressure;  (2)States with high health literacy have lower rates of diabetes, obesity, and high blood pressure and have lower costs of prescription drugs purchased under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) than States with low health literacy; and
(3)there is a strong correlation between health literacy and healthcare costs, which are a serious challenge for individuals, families, and society as a whole;  Whereas measuring health literacy is an objective process that produces results that can be scientifically obtained, measured, reported, assessed, improved, and rewarded;
Whereas, while such measurement has already begun through data-driven means, such measurement has not been systematically used to assess individual health literacy and improve the health system throughout the United States;  Whereas health literacy holds great promise to transform the health consciousness of people in the United States and around the world, and is essential for improving the effectiveness and efficiency of the healthcare system in preventing diseases and illness, improving wellness and longevity, improving patient care and outcomes, and reducing healthcare costs;
Whereas health literacy empowers individuals to better engage in their health and with trained health professionals and caregivers because they are better educated about their bodies and how they work;  Whereas people have the right to health information that helps them make informed decisions, and health education and services should be delivered in ways that are easy to understand and that improve health, longevity, and quality of life;
Whereas knowledge of health and improvements in health literacy can encourage individuals to take action on their health that can improve their health status and lower their costs despite their health status;  Whereas, despite the breathtaking advances in reading literacy over the last century that have led to impressive economic, societal, and cultural advances, there is little systematic effort in the United States to improve health literacy generally, through public programs specifically and with individuals particularly;
Whereas, in 2010, the Department of Health and Human Services produced a National Action Plan to Improve Health Literacy that lays out seven goals, including research and interventions to improve health literacy, but that action plan does not directly encourage patients to become more health literate or knowledgeable, has not been updated, and the recommendations contained in such action plan have not been implemented or reviewed;  Whereas it is necessary to continue activities that are foundational to healthcare modernization and improvement in the United States, including—
(1)improving health literacy, IQ, knowledge, and education about how the body works and how to maintain health appropriately;  (2)promoting innovation in wellness and prevention; and
(3)expanding rewards and incentives for healthy behavior; and  Whereas organizations have recognized the month of October as Health Literacy month to encourage doctors and other health professionals to take an online health literacy assessment and provide education to improve patient engagement: Now, therefore, be it

That the House of Representatives— (1)expresses support for the designation of National Health Literacy Day;
(2)encourages individuals to assess their health knowledge and literacy, and urges the Secretary of Health and Human Services to adopt new tools and incentives immediately to encourage individuals to assess and improve their health knowledge and literacy;  (3)calls on the Secretary of Health and Human Services to issue a new action plan on health literacy that—
(A)includes specific recommendations and concrete steps to improve and incorporate incentives into healthcare payment and delivery models that will improve health literacy; and  (B)reflects the changes in knowledge and science about health literacy and the evolution in healthcare payment and delivery; and
(4)encourages all interested parties to promote health literacy to transform the health and healthcare system of the United States.


		I
		111th CONGRESS
		2d Session
		H. R. 4661
		IN THE HOUSE OF REPRESENTATIVES

			February 23, 2010
			Mr. Hodes 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 increase
		  the dollar limitation on expensing certain depreciable assets and to extend the
		  deduction for an additional year.

		1.Temporary increase in dollar
			 limitation on expensing certain depreciable business assets
			(a)Dollar
			 LimitationParagraph (1) of section 179(b) of the Internal
			 Revenue Code of 1986 (relating to limitations) is amended by striking
			 $125,000 in the case of taxable years beginning after 2006 and before
			 2011 and inserting $250,000 in the case of taxable years
			 beginning in 2010 or 2011.
			(b)Reduction in
			 limitationParagraph (2) of section 179(b) of such Code is
			 amended by striking 2011 and inserting
			 2012.
			(c)ElectionParagraph
			 (2) of section 179(c) of such Code is amended by striking 2011
			 and inserting 2012.
			(d)Computer
			 softwareClause (ii) of section 179(d)(1)(A) of such Code is
			 amended by striking 2011 and inserting
			 2012.
			(e)Conforming
			 amendments
				(1)Repeal of
			 inflation adjustmentSection
			 179(b) of such Code is amended by striking paragraph (5).
				(2)Repeal of 2008
			 and 2009 adjustmentsSection 179(b) of such Code is amended by
			 striking paragraph (7).
				(f)Effective
			 DateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2009.


109 HR 5588 IH: To require the Secretary of Veterans Affairs to protect

U.S. House of Representatives
2006-06-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		109th CONGRESS
		2d Session
		H. R. 5588
		IN THE HOUSE OF REPRESENTATIVES

			June 12, 2006
			Mr. Salazar (for
			 himself and Mr. Evans) introduced the
			 following bill; which was referred to the Committee on Veterans’
			 Affairs

		A BILL
		To require the Secretary of Veterans Affairs to protect
		  sensitive personal information of veterans, to ensure that veterans are
		  appropriately notified of any breach of data security with respect to such
		  information, to provide free credit monitoring and credit reports for veterans
		  and others affected by any such breach of data security, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Comprehensive Veterans' Data Protection and Identity Theft Prevention
			 Act of 2006.
		2.DefinitionsFor purposes of this Act, the following
			 definitions shall apply:
			(1)Data
			 breachThe term data breach means the unauthorized
			 acquisition or use of data in electronic or printed form containing sensitive
			 personal information, including information compromised with respect to the
			 theft of data first publicly reported on May 22, 2006.
			(2)Data in
			 electronic formThe term data in electronic form
			 means any data stored electronically or digitally on any computer system or
			 database and includes recordable tapes and other mass storage devices.
			(3)DepartmentThe term Department means
			 the Department of Veterans Affairs.
			(4)EncryptionThe
			 term encryption means the protection of data in electronic form
			 in storage or transit using an encryption technology that has been adopted by
			 an established standards setting body which renders such data indecipherable in
			 the absence of associated cryptographic keys necessary to enable decryption of
			 such data, together with appropriate management and safeguards of such keys to
			 protect the integrity of the encryption.
			(5)Nationwide
			 consumer reporting agencyThe term nationwide consumer
			 reporting agency means a consumer reporting agency described in section
			 603(p) of the Fair Credit Reporting Act.
			(6)SecretaryThe
			 term Secretary means the Secretary of Veterans Affairs.
			(7)Sensitive
			 personal informationThe term
			 sensitive personal information means the name, address, or
			 telephone number of a veteran or other individual, in combination with any of
			 the following:
				(A)Social Security
			 number.
				(B)Any information
			 not available as part of the public record regarding the veteran or other
			 individual’s military service or health.
				(C)Any financial
			 account or other financial information relating to the veteran or other
			 person.
				3.
			 Protection of sensitive personal information of veterans
			(a)Affirmative
			 obligationThe Secretary shall have an affirmative obligation to
			 protect from any data breach the sensitive personal information of veterans and
			 any other individuals that the Department (or any third-party entity acting on
			 behalf of the Department) possesses, creates, or maintains as well as any
			 information or tools, including passwords or cryptographic keys used to protect
			 the integrity of encrypted data, used to access sensitive personal information
			 maintained independently by others.
			(b)Security
			 policies and proceduresThe
			 Secretary shall implement and maintain reasonable policies and procedures to
			 protect the security and confidentiality of sensitive personal information
			 relating to any veteran or other individual that is maintained, serviced, or
			 communicated by or on behalf of the Department against any unauthorized
			 access.
			(c)Policies and
			 procedures regarding access and useThe Secretary, by regulation,
			 shall prescribe policies and procedures regarding employee and third party
			 access to, and use of, sensitive personal information as well as the protection
			 of such sensitive personal information, which the Department receives,
			 maintains, or transmits. Such policies and procedures shall be issued before
			 the end of the 90-day period beginning on the date of the enactment of this
			 Act.
			(d)System
			 restoration requirementsIf
			 the Secretary determines that a data breach has occurred, is likely to have
			 occurred, or is unavoidable, the Secretary shall take prompt and reasonable
			 measures to—
				(1)repair the breach
			 and restore the security and confidentiality of the sensitive personal
			 information involved to limit further unauthorized misuse of such information;
			 and
				(2)restore the integrity of the data security
			 safeguards of the Department and make appropriate improvements to the data
			 security, and the access and use, policies and procedures issued under
			 subsections (b) and (c).
				(e)Third party
			 duties
				(1)Coordinated
			 investigationWhenever any
			 third party handling sensitive personal information for or on behalf of the
			 Department determines that a data breach has occurred, is likely to have
			 occurred, or is unavoidable, with respect to such information, the third party
			 shall—
					(A)promptly notify
			 the Department of such determination;
					(B)conduct a
			 coordinated investigation with the Department to determine the full scope of
			 any such data breach; and
					(C)ensure that the
			 appropriate notices are provided as required under section 4 of this
			 Act.
					(2)Contractual
			 obligation requiredThe Secretary shall not provide sensitive
			 personal information to a third party unless such third party agrees to fulfill
			 the obligations imposed by sections 4, 5, and 6 of this Act.
				(3)Liability for
			 costsExcept as otherwise
			 established by written agreements between the Department and any third party, a
			 third party that suffers a data breach shall be responsible for all costs
			 associated with complying with this Act, as well as other costs related to such
			 a breach, including any damages relating to such a breach.
				4.Notification of
			 data breach
			(a)NotificationUpon
			 discovery of a data breach, the Secretary shall—
				(1)notify the United
			 States Secret Service, the Inspector General for the Department of Veterans
			 Affairs, the Committees on Veterans’ Affairs of the Senate and the House of
			 Representatives, and the Federal Trade Commission that a data breach has
			 occurred and the extent of such a breach;
				(2)notify each
			 individual whose personal information was acquired or accessed by an
			 unauthorized person as a result of such a data breach; and
				(3)place a
			 conspicuous notice on the Department’s Internet website, which shall include a
			 telephone number that the individual may use, at no cost to such individual, to
			 contact the Department to inquire about the data breach or the information the
			 Department maintained about that individual.
				(b)Timeliness of
			 notificationAll notifications required under subsection (a)
			 shall be made as promptly as possible and without unreasonable delay following
			 the discovery of a data breach and the implementation of any measures necessary
			 to determine the scope of the breach, prevent any further breach or
			 unauthorized disclosures, and reasonably restore the integrity of the data
			 system.
			(c)Method and
			 content of notification
				(1)Method of
			 notificationThe Secretary shall provide written notification to
			 individuals under subsection (a)(2).
				(2)Content of
			 notificationSuch written notification provided to an individual
			 under paragraph (1) shall include—
					(A)a description of
			 the personal information that was acquired by an unauthorized person;
					(B)a telephone number that the individual may
			 use, at no cost to such individual, to contact the Ombudsman for Data Security
			 in the Department to inquire about the security breach or the information about
			 that individual that the person acquired or accessed, as well as to obtain
			 assistance in addressing identity theft issues;
					(C)the toll-free
			 contact telephone numbers and addresses for the major credit reporting
			 agencies;
					(D)a toll-free
			 telephone number and Internet website address for the Federal Trade Commission
			 whereby the individual may obtain information regarding identity theft;
			 and
					(E)information
			 regarding the right of an individual, at no cost to that individual, to place a
			 fraud alert, obtain a security freeze, and receive credit monitoring where
			 applicable, including information clearly describing the advantages and
			 disadvantages of these actions.
					(d)Website notice
			 of Federal Trade CommissionThe Federal Trade Commission shall
			 place, in a clear and conspicuous location on its Internet website, a notice of
			 any breach of security that is reported to the Commission under subsection
			 (a)(1).
			5.Fraud
			 alerts
			(a)Inclusion in
			 consumer filesThe Secretary shall arrange, upon the request of a
			 veteran or other individual affected by a data breach and at no cost to the
			 veteran or other individual, to include a fraud alert in the file of that
			 veteran or other individual with each nationwide consumer reporting agencies in
			 the manner provided under section 605A(a) for a period of not less than 1 year,
			 beginning on the date of such request, unless the veteran or other individual
			 requests that such fraud alert be removed before the end of such period, and
			 the agency has received appropriate proof of the identity of the requestor for
			 such purpose.
			(b)DistributionEach
			 nationwide consumer reporting agency referred to in subsection (a) shall also
			 provide the alert required under such subsection in the file of a veteran or
			 other individual along with any credit score generated in using that file, for
			 a period of not less than 1 year, beginning on the date of such request, unless
			 the veteran or other individual requests that such fraud alert be removed
			 before the end of such period, and the agency has received appropriate proof of
			 the identity of the requestor for such purpose.
			6.Credit security
			 freeze
			(a)In
			 generalThe Secretary shall arrange, upon the request of a
			 veteran or other individual affected by a data breach and at no cost to the
			 veteran or other individual, to apply a security freeze to the file of that
			 veteran or other individual with each nationwide consumer reporting agency for
			 a period of not less than 1 year, beginning on the date of such request, unless
			 the veteran or other individual requests that such security freeze be removed
			 before the end of such period, and the agency has received appropriate proof of
			 the identity of the requestor for such purpose.
			(b)Confirmation and
			 pin numbersThe agency shall send a written confirmation of the
			 security freeze to the veteran or other individual within 5 business days of
			 placing the freeze. The agency shall refer the information regarding the
			 security freeze to other consumer reporting agencies. The agency shall provide
			 the veteran or other individual with a unique personal identification number or
			 password to be used by the veteran or other individual when providing
			 authorization for the release of his or her credit for a specific party or
			 period of time.
			(c)Temporary lift of
			 freezeThe agency that receives a request from a veteran or other
			 individual to temporarily lift a freeze on a consumer report shall comply with
			 the request no later than 3 business days after receiving the request. Such
			 request shall be specific as to the period to which the temporary lift of a
			 freeze shall apply.
			(d)Negotiating
			 authorityThe Secretary shall have broad authority to negotiate
			 and secure the best possible price for services provided under this section.
			 All reasonable costs shall be borne by the Secretary.
			7.Authority to
			 provide mitigation services to victims of data security breaches
			(a)In
			 generalThe Secretary shall provide, free of charge, to each
			 individual whose personal information is (or was before the date of enactment
			 of this Act) compromised by a data breach at the Department of Veterans
			 Affairs—
				(1)credit monitoring
			 services, during a 1-year period beginning on the date of enactment of this
			 Act; and
				(2)a
			 copy of the consumer report (as defined in section 603 of the Fair Credit
			 Reporting Act) of the affected individual once annually during the 2-year
			 period beginning on the date on which the credit monitoring services required
			 by paragraph (1) terminate, which shall be in addition to any other consumer
			 report provided to the individual under otherwise applicable law, free of
			 charge or otherwise.
				(b)Negotiating
			 authorityThe Secretary of Veterans Affairs shall have broad
			 authority to negotiate and secure the best possible price for services provided
			 under this section.
			8.Ombudsman
			(a)EstablishmentThe Secretary shall establish the position
			 of an Ombudsman for Data Security within the Department.
			(b)DutiesThe
			 Ombudsman for Data Security shall—
				(1)provide
			 information and assistance to veterans or other individuals affected by data
			 breaches, including providing information and assistance on identity theft and
			 issues relating to identity theft;
				(2)assist veterans or
			 other individuals affected by a data breach with placing fraud alerts and
			 security freezes;
				(3)provide veterans
			 with ongoing education on general financial matters and identity theft in
			 particular; and
				(4)carry out such
			 other duties and responsibilities as the Secretary may designate to the
			 Ombudsman for Data Security.


114 HCON 63 IH: To express the sense of the Congress that any Executive order that infringes on the powers and duties of the Congress under article I, section 8 of the Constitution, or that would require the expenditure of Federal funds not specifically appropriated for the purpose of the Executive order, is advisory only and has no force or effect unless enacted as law.
U.S. House of Representatives
2015-07-15
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.

		IV
		114th CONGRESS
		1st Session
		H. CON. RES. 63
		IN THE HOUSE OF REPRESENTATIVES

			July 15, 2015
			Ms. Jenkins of Kansas submitted the following concurrent resolution; which was referred to the Committee on the Judiciary

		CONCURRENT RESOLUTION
		To express the sense of the Congress that any Executive order that infringes on the powers and
			 duties of the Congress under article I, section 8 of the Constitution, or
			 that would require the expenditure of Federal funds not specifically
			 appropriated for the purpose of the Executive order, is advisory only and
			 has no force or effect unless enacted as law.

 Whereas some Executive orders have infringed on the prerogatives of the Congress and resulted in the expenditure of Federal funds not appropriated for the specific purposes of those Executive orders: Now, therefore, be it

 That it is the sense of the Congress that any Executive order issued by the President before, on, or after the date of the approval of this resolution that infringes on the powers and duties of the Congress under article I, section 8 of the Constitution, or that would require the expenditure of Federal funds not specifically appropriated for the purpose of the Executive order, is advisory only and has no force or effect unless enacted as law.


116 S3281 IS: Original Recycling Bottle Act of 2020
U.S. Senate
2020-02-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3281IN THE SENATE OF THE UNITED STATESFebruary 12, 2020Mr. Merkley (for himself and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Solid Waste Disposal Act to require recycling of beverage containers, and for other purposes.1.Short
 titleThis Act may be cited as the Original Recycling Bottle Act of 2020.2.Beverage container collection(a)In generalThe Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by adding at the end the following:KBeverage container collection12001.DefinitionsIn this subtitle:(1)AreaWhen used in the context of space occupied by a retailer, the term area means—(A)the number of square feet of the building or portion of the building leased or owned by the retailer; and(B)only includes retail space if—(i)the retail space is less than 5,000 square feet;(ii)the retail space occupies less than 50 percent of the leased or owned space where retail operations are located; and(iii)the nonretail space is used in whole or in part for the manufacturing of beverages. (2)Beverage container(A)In generalThe term beverage container means an individual, separate, and sealed glass, metal, or plastic bottle or can (other than a carton, foil pouch, drink box, or metal container that requires a tool to be opened) that—(i)contains a beverage that is intended for human consumption and in a quantity less than or equal to 3 fluid liters that is—(I)water or flavored water;(II)beer or other malt beverages;(III)mineral water, soda water, or similar carbonated soft drinks;(IV)kombucha; or(V)hard seltzer; and(ii)does not contain—(I)dairy milk or plant-based milk;(II)infant formula; or(III)any other beverage that is exempted by a rule of the Administrator.(B)ExclusionThe term beverage container does not include a container that contains infant formula intended solely for infant feeding.(3)Category of beverageThe term category of beverage means one of the following categories of beverage in a beverage container:(A)Water.(B)Carbonated soft drinks.(C)All other non-alcoholic beverages (excluding dairy milk and plant-based milk, infant formula, and liquid meal replacements).(D)Alcoholic beverages.(E)Beverages containing marijuana or hemp. (4)Dairy milk(A)In generalThe term dairy milk means a beverage that consists of only dairy milk, flavorings, or nutritional additives.(B)InclusionsThe term dairy milk includes flavored milk beverages, such as chocolate milk and lactose free milk. (C)ExclusionsThe term dairy milk does not include kefir, drinkable yogurt, buttermilk, smoothies, shakes, a beverage that is primarily milk but includes other ingredients such as fruit, or a beverage that is primarily milk but is marketed as a beverage other than milk, such as a smoothie or shake. (5)DistributorThe term distributor means a person who engages in the sale of beverages in beverage containers to a retailer, including any manufacturer who engages in those sales.(6)Convenience zoneThe term convenience zone means a convenience zone specified by the Administrator under section 12002(e)(1)(A).(7)Hard seltzerThe term hard seltzer means a sugar-based alcoholic beverage that contains carbonated water or any malt-based alcoholic beverage that contains carbonated water and is not a malt beverage.(8)ImporterThe term importer means any retailer or manufacturer who directly imports into the United States beverage containers.(9)KombuchaThe term kombucha means a fermented beverage that is made from tea and does not contain more than 21 percent alcohol by volume. (10)Liquid meal replacementThe term liquid meal replacement means a ready-to-drink liquid with caloric and nutritional value intended to replace a regular meal. (11)ManufacturerThe term manufacturer means a person bottling, canning, or otherwise filling beverage containers for sale to distributors, importers, or retailers.(12)Plant-based milk(A)In generalThe term plant-based milk means a beverage consisting primarily of liquid extracted from nuts, grains, legumes, or seeds and flavorings or nutritional additives. (B)ExclusionsThe term plant-based milk does not include kefir, drinkable yogurt, smoothies, shakes, coconut water, a beverage that is primarily plant-based milk but includes other ingredients such as fruit, or a beverage that is primarily plant-based milk but is marketed as a beverage other than a plant-based milk, such as a smoothie or shake. (13)Recovery rateThe term recovery rate means the quantity of beverage containers collected divided by the quantity of beverage containers produced, expressed as a percentage.(14)Redemption centerThe term redemption center means a redemption center described in section 12002(d).(15)RetailerThe term retailer means a person that sells or offers for sale beverages in beverage containers to a consumer.(16)Return rateThe term return rate means the number of beverage containers returned for the refund value in accordance with section 12003(e) during a calendar year and the number of beverage containers that carry a refund value sold during that calendar year, calculated separately.(17)Wine(A)In generalThe term wine means a fermented vinous liquor or fruit juice, or other fermented beverage fit for beverage purposes that is not a malt beverage, containing more than 0.5 percent alcohol by volume and not more than 21 percent alcohol by volume.(B)InclusionsThe term wine includes fortified wine, cider more than 8.5 percent alcohol by volume, and mead. (C)ExclusionsThe term wine does not include cider that is not more than 8.5 percent alcohol by volume, hard seltzer, or kombucha.12002.Beverage container recovery programs(a)In generalSubject to subsection (b), not later than 5 years after the date of enactment of this subtitle—(1)every beverage container sold or offered for sale by a retailer shall clearly indicate by embossing, a stamp, a label, or other method securely affixed to the beverage container, the refund value of the container;(2)each retailer shall pay distributors the refund value for each beverage container delivered;(3)on the sale of each beverage container by a retailer, the retailer may collect a refund value in accordance with section 12003(e);(4)on return of the beverage container to a retailer or a redemption center by a person, the retailer or redemption center, as applicable, shall repay a refund value to the person; (5)retailers that are participating in a redemption center in accordance with subsection (d) shall collectively pay not less than 50 percent of the cost of operating the redemption center, which amount shall be apportioned among the retailers based on the total volume of beverage containers sold by each retailer;(6)a distributor that is a member of a distributor cooperative under subsection (c) shall retrieve containers from retailers or redemption centers and pay refunds through the distributor cooperative in accordance with that subsection; (7)a distributor that is not a member of a distributor cooperative under subsection (c) shall—(A)in a timely manner and consistent with commercial best practices, collect beverage containers that—(i)the distributor distributes to a retailer; and(ii)the retailer or an applicable redemption center has collected from consumers; and(B)on receipt of each beverage container under subparagraph (A), pay the retailer or the redemption center, as applicable, the refund value; and(8)by June 1 of each calendar year, a distributor or importer shall provide to the Administrator a report that lists the beverage container return data for the previous calendar year of the distributor or importer, calculated separately for glass, metal, and plastic beverage containers.(b)Exception for States with existing programs(1)In generalA State that has in effect a beverage container recovery program the requirements of which are substantially similar to, or more stringent than, the requirements of this section may submit to the Administrator a request to waive the applicability of this section in that State.(2)RequirementThe Administrator may approve a waiver under paragraph (1) if the State demonstrates that the beverage container recovery rate for the program in that State is more than 75 percent.(c)Distributor cooperatives(1)In generalThe Administrator may approve the formation of a distributor cooperative by 2 or more distributors or importers for the purposes of—(A)collecting the refund value of beverage containers specified from distributors or importers and refunding to retailers the amount the retailers paid for the refund value of empty beverage containers;(B)paying the refund value for beverage containers redeemed; and(C)processing beverage containers.(2)Applications(A)In generalApplications to become a distributor cooperative described in paragraph (1) shall be submitted to the Administrator. (B)ContentsAn application under subparagraph (A) shall include—(i)evidence of consultation with stakeholders prior to submitting the application for approval; (ii)assurances that—(I)the distributor cooperative will provide an opportunity for stakeholder input in the implementation and operation of the activities described in paragraph (1);(II)distributors will pay the costs of collecting and managing beverage containers;(III)reasonable and free consumer access to collection facilities or collection services will be provided;(IV)the distributer cooperative will make consumers aware of—(aa)the activities described in paragraph (1);(bb)the location of collection facilities or the availability of collection services; and(cc)how to manage beverage containers in a safe manner;(V)the distributor cooperative will have the ability to track the return rate, the management of costs incurred by the program, and the management of environmental impacts of the program; and(VI)the distributor cooperative will have a dispute resolution procedure for disputes that arise during implementation of the activities under paragraph (1); and(iii)such other information as the Administrator may require.(3)ConsiderationsIn deciding whether to approve an application under paragraph (2), the Administrator may consider any of the following:(A)The population and geographical area of the markets in which the distributor cooperative operates.(B)The quantity of beverage containers that distributors expect will be used in a commercial enterprise, sold, offered for sale, or distributed each year.(C)The quantity of beverage containers that the distributor cooperative expects to collect each year.(D)The size of the population intended to be served by collection facilities or collection services of the distributor cooperative.(E)The provision of convenient options for the collection of beverage containers in urban centers and small, isolated communities, and for persons with disabilities or who have no access to transportation.(F)The manner, kind, and quantity of advertising and consumer education planned by the distributor to inform consumers of—(i)the location and operation of collection facilities;(ii)the availability of collection services; and(iii)the environmental and economic benefits of participating in the activities under paragraph (1).(G)The methods of beverage container collection, storage, transportation, and management.(H)Distributor cooperatives in the same geographical area.(I)The structure of financial and operational cooperation with 2 or more distributors or importers.(4)RequirementsA distributor cooperative under paragraph (1) shall—(A)outline a plan to achieve, or to be capable of achieving by a reasonable date, which shall be not later than 2 years after the date of enactment of this subtitle—(i)a 75 percent recovery rate or any performance measures, performance requirements, or targets established by the Administrator; and(ii)any performance measures, performance requirements, or targets in the plan; and(B)submit the plan described in subparagraph (A) and such additional documentation as the Administrator determines to be necessary with each report provided to the Administrator under paragraph (9).(5)Compliance(A)In generalNot later than 2 years after the date of enactment of this subtitle, each distributor and distributor cooperative shall achieve the applicable target recovery rates established under paragraph (4)(A)(i).(B)NoncomplianceIf a distributor or distributor cooperative does not achieve an applicable target recovery rate in accordance with subparagraph (A), the distributor or distributor cooperative shall—(i)submit to the Administrator a plan to achieve the applicable target recovery rate; and(ii)forfeit to the Administrator the amount of any unredeemed beverage container deposits received by the distributor or distributor cooperative.(C)Use of forfeited amountsThe Administrator shall use amounts forfeited under subparagraph (B)(ii) for marketing and outreach relating to the program under this subtitle.(6)Multiple organizationsA distributor may participate in more than 1 distributor cooperative only if each distributor cooperative is established for a different category of beverage containers or geographic area.(7)Participation fees(A)In generalA distributor cooperative may charge each distributor fees for membership that include, with respect to a distributor, the costs of collecting or cleaning up the beverage containers of the distributor.(B)ConsiderationsIn determining the costs of collection and cleanup described in subparagraph (A), the distributor cooperative shall take into account—(i)the cost to properly manage the applicable category of beverage container waste; and(ii)the environmental benefits of beverage containers that—(I)are specifically designed to be reusable or refillable; and(II)have a high reuse or refill rate.(8)RevocationThe Administrator may revoke the approval of a distributor cooperative for continued or persistent noncompliance with the requirements of this subtitle.(9)ReportsNot later than July 1 of each calendar year, a distributor cooperative shall provide to the Administrator a report that lists, in aggregate form for all distributors and importers that participate in the distributor cooperative, the fee structure, and the beverage container return data for the previous calendar year, calculated separately for glass, metal, and plastic beverage containers. (d)Redemption centers(1)In generalThe Administrator shall approve a redemption center if the Administrator determines that the redemption center will provide a convenient service to consumers for the return of empty beverage containers.(2)RequirementsA redemption center shall—(A)be staffed and open—(i)each day; and(ii)not less than 10 hours each day;(B)accept—(i)any beverage container; and(ii)not less than 350 beverage containers per person per day; (C)provide—(i)hand counts by staff of the facility;(ii)a drop door for consumers who are bottle drop account holders to drop off bags of beverage containers for staff of the facility to count for a fee; or(iii)any other convenient means of receiving beverage containers, as determined by the Administrator; and(D)be sited in a conveniently accessible commercial zone, unless the Administrator determines that another location provides substantially equivalent service for consumers.(3)FactorsIn determining whether to approve a redemption center under paragraph (1), the Administrator shall consider—(A)(i)the location of the redemption center; and(ii)if the redemption center is not located in a commercial zone, whether the location will have similar return convenience for consumers as a commercial zone location;(B)the category of beverage containers accepted at the redemption center;(C)retailers occupying 5,000 or more square feet within a redemption center zone that will be served by the redemption center and the distance of the retailers from the redemption center;(D)retailers occupying 5,000 or more square feet within a redemption center zone that will not be served by the redemption center and the distance of the retailers from the redemption center;(E)days and hours of operation of the redemption center;(F)parking facilities serving the redemption center;(G)evidence showing that the redemption center meets all applicable local ordinances and zoning requirements;(H)the limitation, if any, on the number of beverage containers per person per day that the redemption center will accept;(I)1 or more payment methods offered by the redemption center for redeemed beverage containers;(J)the projected volume of beverage container returns at the redemption center as compared to the actual returns at the retailers to be served by the redemption center;(K)a description of how consumers will be notified of the location, services, and service hours of the redemption center; and(L)any other relevant factor that the Administrator determines to be fundamental to the operation of a redemption center.(4)Applications(A)In generalAny person desiring approval of a redemption center shall submit an application to the Administrator. (B)ContentsAn application under subparagraph (A) shall include—(i)the name and address of each person to be responsible for the establishment and operation of the redemption center;(ii)the exact location and mailing address of the redemption center;(iii)the category of beverage containers that will be accepted at the redemption center;(iv)the names and addresses of the retailers occupying 5,000 or more square feet within a redemption center zone that will be served by the redemption center;(v)the names and addresses of the retailers occupying 5,000 or more square feet within a redemption center zone that will not be served by the redemption center;(vi)the distances from the redemption center to the retailers occupying 5,000 or more square feet within a redemption center zone that will be served;(vii)the distances from the redemption center to retailers occupying 5,000 or more square feet within a redemption center zone that will not be served;(viii)the days and hours of operation of the redemption center;(ix)a description of parking facilities to serve the redemption center;(x)evidence showing that a redemption center meets the zoning requirements and other applicable State and local ordinances of the regulating jurisdiction;(xi)the limitation, if any, on the number of beverage containers per person per day that will be accepted at the redemption center;(xii)the 1 or more payment methods for redeemed beverage containers;(xiii)the projected volume of beverage container returns at the redemption center as compared to the actual returns at the retailers to be served by the redemption center; (xiv)a description of how consumers will be notified of the location, services, and service hours of the redemption center; and(xv)such additional information as the Administrator may require.(5)Annual registration(A)In generalThe 1 or more persons responsible for the operation of a redemption center approved by the Administrator under paragraph (1) shall register the redemption center with the Administrator and pay the fee determined by the Administrator not later than July 1 of each calendar year, which registration shall be in effect for the next calendar year.(B)ContentsA registration under subparagraph (A)—(i)shall be on a form provided by the Administrator; and(ii)shall contain, at a minimum—(I)a list and exact address of each redemption center that the person is responsible for operating during the next calendar year;(II)the fee for each redemption center that the person is responsible for operating during the next calendar year; and(III)such additional information as may be required by the Administrator.(C)Withdrawal of approval(i)In generalThe Administrator shall withdraw approval of a redemption center if a person responsible for operating the redemption center fails to submit the required information or pay the required fee by July 1 of each calendar year in accordance with subparagraph (A). (ii)Cessation of operationsOn withdraw of approval of a redemption center under clause (i), the redemption center shall cease all operations until the person responsible for operating the redemption center submits the required information or required fee to the Administrator. (6)Standards of cleanliness for redemption centersAll persons responsible for the establishment and operation of the redemption center shall at all times use commercially reasonable practices to keep the redemption center premises, including the parking facilities serving the redemption center, in accordance with applicable law, in good repair, painted, clean, well-lighted, free of litter and trash, and free of rodents, vermin, infestations of insects, and their harborages or breeding places.(e)Retailers within convenience zones(1)In general(A)In generalFor each redemption center, the Administrator shall specify not less than 1 and not more than 2 convenience zones.(B)DeterminationThe area of each convenience zone shall be an area surrounding the redemption center that is based, to the maximum extent practicable, on the proposal submitted as part of an application for approval of a redemption center under subsection (d)(1).(C)GuidelinesThe Administrator shall establish guidelines for determining the surface area sizes of convenience zones.(D)LocationIf the Administrator specifies a second convenience zone for a redemption center under subparagraph (A), any point along the interior border of the second convenience zone shall be not closer to the redemption center than the exterior border of the first convenience zone.(2)EligibilityAny retailer doing business within a convenience zone that occupies a space of not less than 5,000 square feet in a single area may participate in, be served by, and be charged the cost of participation in the redemption center in accordance with subsection (a)(5).(3)Participating retailers(A)First convenience zoneA retailer described in paragraph (2) within the first convenience zone that participates in, is served by, and pays the cost of participation in the redemption center may refuse to accept and to pay the refund value of empty beverage containers.(B)Second convenience zoneA retailer described in paragraph (2) within the second convenience zone, if any, that participates in, is served by, and pays the cost of participation in the redemption center may refuse to accept and to pay the refund value of more than 24 individual empty beverage containers returned by any 1 person during any 1 day. (4)Small retailersAny retailer doing business within a convenience zone that occupies a space of less than 5,000 square feet in a single area may refuse to accept and to pay the refund value of more than 24 individual empty beverage containers returned by any 1 person during any 1 day. (5)Nonparticipating retailers(A)In generalExcept as provided in subparagraph (B), any retailer doing business within a convenience zone that occupies a space of not less than 5,000 square feet in a single area and does not participate in and is not served by a redemption center—(i)may refuse to accept and to pay the refund value of more than 350 individual empty beverage containers returned by any 1 person during any 1 day; and(ii)shall, beginning on the date on which the redemption center begins accepting beverage containers—(I)provide services equivalent to the services provided by the redemption center, including hand counting and drop off service;(II)post in each area where beverage containers are received a clearly visible and legible sign that contains the list of services that shall be provided by the retailer under this subparagraph; and(III)provide not less than the greater of—(aa)2 automated reverse vending machines capable of processing metal, plastic, and glass beverage containers; and(bb)1 automated reverse vending machine described in item (aa) for each 500,000 beverage containers sold by the retailer in the previous calendar year.(B)Exception(i)In generalSubject to clause (ii), subparagraph (A) shall not apply to a retailer described in that subparagraph that sold fewer than 100,000 beverage containers during the previous calendar year. (ii)SubmissionTo be eligible for an exemption under clause (i), a retailer shall submit to the Administrator an application describing the number of beverage containers sold by the retailer during the previous calendar year.12003.Acceptance and retrieval requirements(a)In generalExcept as provided in subsection (c)—(1)a retailer or redemption center may not—(A)refuse to accept from any person any beverage container described in subsection (b); or(B)refuse to pay in cash the refund value of a returned beverage container; and(2)a distributor may not refuse to retrieve from a retailer or redemption center any beverage container that—(A)has been returned to the retailer or redemption center in accordance with this subtitle; and(B)is of the category of beverage container, brand of beverage container, and size of beverage container distributed by the distributor.(b)Beverage container requirementsTo be eligible for a refund under this subtitle, a beverage container—(1)in the case of a refund provided by a retailer, shall be the category of beverage sold by the retailer; and(2)shall not—(A)visibly contain or be contaminated by a substance other than water, residue of the original contents, or ordinary dust; or(B)be damaged to the extent that the brand appearing on the container cannot be identified.(c)Refusal(1)In generalA retailer or redemption center may refuse to accept from a person a beverage container if—(A)the retailer or redemption center has reasonable grounds to believe that—(i)the beverage container was obtained from or through a distributor without paying the refund value; or(ii)the beverage container has already been redeemed, such as through a reverse vending process; or(B)in the case of a retailer that is not within a convenience zone—(i)the beverage container exceeds an applicable limitation described in paragraph (2); and(ii)the retailer posts a clearly visible and legible sign describing the applicable limitation described in paragraph (2).(2)LimitationsA retailer described in paragraph (1)(B) may refuse to accept under that paragraph—(A)more than 144 individual beverage containers returned by any 1 person during any 1 day, if the retailer occupies a space of 5,000 or more square feet in a single area;(B)more than 50 individual beverage containers returned by any 1 person during any 1 day, if the retailer occupies a space of less than 5,000 square feet in a single area; or(C)a beverage container if the retailer has not offered that category of beverage container for sale within the 180-day period preceding the attempted return.(d)NoticeAny requirements established under subsections (b) and (c) shall be posted in each area where beverage containers are received on a clearly visible and legible sign.(e)Refund valueThe refund value for a beverage container shall be not less than 10 cents for each beverage container.12004.Administration(a)In generalThe Administrator shall ensure that—(1)consumers are able to return redeemable beverage containers to retailers or redemption centers; and (2)redemption centers and retailers are able to return beverage containers to distributors and distributor cooperatives.(b)Regulations(1)In generalNot later than 2 years after the date of enactment of this subtitle, the Administrator shall promulgate regulations to carry out this subtitle.(2)Review requiredIn promulgating or revising regulations pursuant to paragraph (1), the Administrator shall—(A)review the minimum refund value established under section 12003(e) not less frequently than once every 5 years; and(B)revise that value as the Administrator determines to be appropriate. (c)Accounting(1)In generalNot later than August 1 of each calendar year, using the beverage container return data provided in section 12002(a)(8), the Administrator shall—(A)calculate for the previous calendar year the percentage of beverage containers returned for the refund value specified by material type; and(B)post the percentages on the website of the Environmental Protection Agency.(2)RequirementsThe Administrator shall calculate return data under paragraph (1)—(A)for each distributor cooperative; (B)for each distributor or importer that does not participate in a distributor cooperative; and(C)for all distributors and importers.(d)Nondisclosure(1)In generalExcept for the percentages described in subsection (c), in a proceeding for a violation of subsection (f), or as provided in paragraph (2), the Administrator may not disclose any information provided by a distributor, an importer, or a distributor cooperative under section 12002(a)(8).(2)ExceptionThe Administrator may release aggregate data of information described in paragraph (1) in such a manner that does not reveal the sales of any individual distributor.(e)Audit(1)In generalNot later than 180 days after the date on which the Administrator receives a report required under section 12002(a)(8), the Administrator may review or audit the records of, as applicable, each reporting distributor cooperative or each reporting distributor or importer that does not participate in a distributor cooperative.(2)Independent auditIf in the course of a review described in paragraph (1) the Administrator determines that an audit of a distributor cooperative, distributor, or importer is necessary, the Administrator shall require the distributor cooperative, distributor, or importer to retain an independent financial audit firm to determine the accuracy of information contained in the report required under section 12002(a)(8). (3)CostsThe distributor cooperative, distributor, or importer that is the subject of review under this subsection shall pay the costs of an audit under paragraph (2). (4)LimitationAn audit under paragraph (2) shall be limited to the records described in section 12002(a)(8).(f)Enforcement(1)ProhibitionIt shall be unlawful for any person that is a distributor, distributor cooperative, manufacturer, importer, retailer, or redemption center—(A)to sell, use, import into the United States, or distribute any beverage container in commerce except in compliance with this subtitle; or(B)to fail to comply with this subtitle.(2)Civil penaltyAny person that violates paragraph (1) shall be subject to a fine in the amount of $500 for each violation.(3)Separate violationsEach day on which a person violates paragraph (1) shall be considered a separate violation..(b)Conforming amendmentThe table of contents of the Solid Waste Disposal Act (42 U.S.C. 6901 note) is amended by adding at the end the following:Subtitle K—Beverage container collection
Sec. 12001. Definitions.
Sec. 12002. Beverage container recovery programs.
Sec. 12003. Acceptance and retrieval requirements.
Sec. 12004. Administration..


116 SRES 89 ATS: Expressing the condolences of the Senate and honoring the memory of the victims of the mass shooting in Aurora, Illinois, on February 15, 2019.
U.S. Senate

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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
		116th CONGRESS
		1st Session
		S. RES. 89
		IN THE SENATE OF THE UNITED STATES

			February 28, 2019
			Mr. Durbin (for himself and Ms. Duckworth) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Expressing the condolences of the Senate and honoring the memory of the victims of the mass
			 shooting in Aurora, Illinois, on February 15, 2019.

 Whereas, on February 15, 2019, a gunman opened fire at his coworkers in the Henry Pratt Company warehouse in Aurora, Illinois;
 Whereas 5 innocent people were tragically killed in this mass shooting, and others, including officers of the Aurora Police Department, were wounded;
 Whereas the innocent employees who lost their lives that day were— (1)Russell Beyer, age 47, of Yorkville, Illinois, a 25-year company employee, proud union man and shop chairman, a loving father of 2 children and a beloved son and brother, and a fun, loving gentle giant of a guy, who would truly give you the shirt off his back;
 (2)Vicente Juarez, age 54, of Oswego, Illinois, a 15-year company employee and union man, a loving husband and father of 3 children and grandfather of 8, who had a passion for working on his 1969 Chevy Impala;
 (3)Clayton Clay Parks, age 32, of Elgin, Illinois, a 2014 graduate of the College of Business at Northern Illinois University, a loving husband and father to his 9-month-old son, a leader and mentor, and an avid Chicago sports fan with a contagious smile and laugh, whose greatest joy was his family;
 (4)Josh Pinkard, age 37, of Oswego, Illinois, a plant manager for the company since 2018, and a loving husband and father of 3 children, whose heartbreaking final message to his wife was, I love you, I’ve been shot at work; and
 (5)Trevor Wehner, age 21, of Sheridan, Illinois, a senior at Northern Illinois University who was killed on the first day of an internship, a loving son, brother, and boyfriend, and a high school and college baseball player active in his community who never met a stranger and made friends with everyone young and old;
 Whereas officers from the Aurora Police Department swiftly arrived at the shooting scene within 4 minutes of the first 911 call;
 Whereas the officers who arrived were fired upon by the gunman almost immediately, 5 officers were wounded, and more officers rushed in to take their place;
 Whereas Aurora Police Chief Kristen Ziman said that— (1)Every time an officer was shot, another went in. No one retreated. They forged ahead with shields and weapons as true warriors do and no one backed down until the threat was eliminated.; and
 (2)The officers who were shot that day put their own lives at risk to save others. They are what it means to be a warrior. Those who were in the gunfight and those who stood ready to battle are just as worthy of the term hero.;
 Whereas the 6 officers wounded or injured were— (1)Officer Diego Avila, who has served since 2016;
 (2)Officer John Cebulski, who has served since 1988; (3)Officer Marco Gomez, who has served since 2005;
 (4)Officer Adam Miller, who has served since 2015; (5)Officer Reynaldo Rivera, who has served since 1995; and
 (6)Officer James Zegar, who has served since 1993; Whereas the Aurora Fire Department and a broad array of municipal, county, State, and Federal law enforcement and medical support agencies also responded to the emergency promptly and assisted capably in the initial crisis and the subsequent investigation;
 Whereas the people of Illinois and the United States are thankful to law enforcement officers, firefighters, 911 emergency dispatchers, and emergency medical teams for their heroic response to the shooting;
 Whereas the Aurora shooting that took the lives of 2 members of the Northern Illinois University community took place one day after the February 14th anniversary of the 2008 mass shooting at Northern Illinois University that killed 5 students and wounded 17 others;
 Whereas communities across Illinois, including the city of Chicago, and across the United States have suffered from the epidemic of gun violence in the United States;
 Whereas the people of Aurora, Illinois, have now joined the ever-growing list of communities that have suffered from a mass shooting; and
 Whereas the Aurora community has come together in support of the families and loved ones of the victims and those injured by this mass shooting and, will, in the words of Aurora Mayor Richard Irvin, emerge as a stronger city: Now, therefore, be it

 That the Senate— (1)expresses its sincere condolences to the families, friends, and loved ones of those who were killed in the tragic shooting on February 15, 2019, in Aurora, Illinois: Russell Beyer, Vicente Juarez, Clayton Parks, Josh Pinkard, and Trevor Wehner;
 (2)extends its support and prayers to those who were wounded or injured and wishes them a speedy recovery;
 (3)commends the law enforcement officers, emergency responders, and medical personnel who responded to the shooting with professionalism, dedication, and bravery;
 (4)expresses its support for the Aurora community in this difficult time; and (5)stands in solidarity with the victims of senseless gun violence in communities across the United States.