115 HR 5940 IH: Military Sexual Assault Transparency and Accountability Act
U.S. House of Representatives
2018-05-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 5940IN THE HOUSE OF REPRESENTATIVESMay 23, 2018Ms. Kuster of New Hampshire (for herself, Mrs. Love, and Mrs. Dingell) introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo require the Secretary of Defense to submit to Congress a report on victims in military criminal
			 investigative organization reports, and for other purposes.

 1.Short titleThis Act may be cited as the Military Sexual Assault Transparency and Accountability Act. 2.Report on victims in MCIO reportsNot later than September 30, 2019, and not less than once every two years thereafter, the Secretary of Defense, through the Defense Advisory Committee on Investigations, Prosecutions, and Defense of Sexual Assault in the Armed Forces, shall submit to Congress a report regarding the frequency at which individuals, who are identified as victims of sexual offenses in case files of military criminal investigative organizations (hereinafter in this section referred to as MCIO), are accused of or punished for misconduct or crimes considered collateral to the investigation of sexual assault during the MCIO investigations in which the individuals were so identified.
		3.Inclusion in annual reports on sexual assault prevention and response efforts of the Armed Forces
			 of information on collateral misconduct in connection with reports of
 sexual assault in the Armed ForcesSection 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) is amended—
 (1)in subsection (b), by adding at the end the following new paragraph:  (15)Information on each disciplinary action related to collateral misconduct in connection with a report of sexual assault in the Armed Forces made by or against a member of the Armed Forces as follows:
 (A)A narrative description of each disciplinary action. (B)The nature of each disciplinary action, including whether the member of the Armed Forces receiving such disciplinary action alleged professional or social retaliation in connection with such disciplinary action.
 (C)The sex of the member disciplined. (D)The official or office that initiated the disciplinary action.
 (E)The organization that investigated the conduct that led to the disciplinary action. (F)The official or office that adjudicated the disciplinary action.
 (G)The official or office that administered the disciplinary action. (H)The status of the investigation into the related claim of sexual assault at the time disciplinary action for collateral misconduct was adjudicated.
 (I)If the investigation into the sexual assault is complete, a description of the results of the investigation, including whether the investigation led to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).
 (J)If the sexual assault investigation resulted in charges under chapter 47 of title 10, United States Code, whether those charges were under Article 120.
 (K)If the sexual assault investigation resulted in charges under chapter 47 of title 10, United States Code, the final disposition of those charges.; and
 (2)by adding at the end the following new subsection:  (h)DefinitionsIn this section:
 (1)The term collateral misconduct means victim misconduct that might be in time, place, or circumstance associated with the victim’s sexual assault incident or victim misconduct that was exposed only as a result of the sexual assault investigation.
 (2)The term disciplinary action means any adverse action, including administrative action (including corrective measures such as counseling, letter of reprimand, negative performance evaluation, admonition, reprimand, exhortation, disapproval, criticism, censure, reproach, rebuke, extra military instruction, or other administrative withholding of privileges, or any combination thereof) and criminal punishment (including non-judicial punishment, court martial, administrative discharge, or any combination thereof)..
			4.Uniform collection of data on collateral misconduct in connection with reports of sexual assault in
			 the Armed Forces
 (a)In generalSection 563 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4470) is amended—
 (1)in subsection (a), by striking and the outcome of any legal proceedings in connection with the assault and inserting , the outcome of any legal proceedings in connection with the assault, and any disciplinary action for collateral misconduct related to the assault; and
 (2)by adding at the end the following new subsection:  (f)DefinitionsIn this section:
 (1)The term collateral misconduct means victim misconduct that might be in time, place, or circumstance associated with the victim’s sexual assault incident or victim misconduct that was exposed only as a result of the sexual assault investigation.
 (2)The term disciplinary action means any adverse action, including administrative action (including corrective measures such as counseling, letter of reprimand, negative performance evaluation, admonition, reprimand, exhortation, disapproval, criticism, censure, reproach, rebuke, extra military instruction, or other administrative withholding of privileges, or any combination thereof) and criminal punishment (including non-judicial punishment, court martial, administrative discharge, or any combination thereof)..
 (b)Plan for implementationNot later than 90 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to provide for the implementation of case-level tracking of disciplinary actions for collateral misconduct as required by the amendments made by subsection (a).


117 S1005 IS: Hemp Economic Mobilization Plan Act of 2021
U.S. Senate
2021-03-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1005IN THE SENATE OF THE UNITED STATESMarch 25, 2021Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryA BILLTo amend the Agricultural Marketing Act of 1946 to modify the definition of hemp, and for other purposes.1.Short titleThis Act may be cited as the Hemp Economic Mobilization Plan Act of 2021 or the HEMP Act of 2021.2.Hemp production(a)Definition of hemp(1)In generalSection 297A(1) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o(1)) is amended by striking 0.3 percent and inserting 1 percent.(2)Conforming amendmentSection 297B(e)(2)(A)(iii) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639p(e)(2)(A)(iii)) is amended by striking 0.3 percent and inserting 1 percent.(b)Testing for delta-9 THC; documentation during transport(1)State and Tribal plansSection 297B(a)(2)(A) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639p(a)(2)(A)) is amended—(A)in clause (ii)—(i)by inserting the measurement of uncertainty of which is not greater than 0.075 percent, after methods,; and(ii)by striking hemp and inserting products derived from hemp plants;(B)in clause (vi), by striking and at the end;(C)by redesignating clause (vii) as clause (viii);(D)by inserting after clause (vi) the following:(vii)a requirement that any person transporting hemp shall keep with the shipment of hemp—(I)a copy of a valid license or other required authorization from the State department of agriculture or Tribal government, as applicable, or a license from the Secretary, issued to the producer, as is required to be submitted to the Secretary under clause (vi), as applicable, and collected by the Secretary under section 297C(d)(2)(C); or (II)a copy of a certificate from a laboratory demonstrating that the hemp contains a delta-9 tetrahydrocannabinol concentration of not more than 1 percent on a dry weight basis; and; and(E)in clause (viii) (as so redesignated), by striking the practices and procedures described in clauses (i) through (vi) and inserting clauses (i) through (vii).(2)Department of Agriculture planSection 297C(a)(2) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639q(a)(2)) is amended—(A)in subparagraph (B)—(i)by inserting the measurement of uncertainty of which is not greater than 0.075 percent, after methods,; and (ii)by striking hemp and inserting products derived from hemp plants;(B)in subparagraph (E), by striking and at the end;(C)in subparagraph (F), by striking the period at the end and inserting ; and; and(D)by adding at the end the following:(G)a requirement that any person transporting hemp shall keep with the shipment of hemp—(i)a copy of a valid license or other required authorization from a State department of agriculture or Tribal government, as applicable, or a license from the Secretary, issued to the producer, as is required to be submitted to the Secretary under section 297B(a)(2)(A)(vi), as applicable, and collected by the Secretary under subsection (d)(2)(C); or(ii)a copy of a certificate from a laboratory demonstrating that the hemp contains a delta-9 tetrahydrocannabinol concentration of not more than 1 percent on a dry weight basis..(c)Conforming revisions to regulationsNot later than 90 days after the date of enactment of this Act, without regard to the notice and comment provisions of section 553 of title 5, United States Code, the Secretary of Agriculture shall revise part 990 of title 7, Code of Federal Regulations, to make any conforming changes that are necessary as a result of this section and the amendments made by this section.


		II
		110th CONGRESS
		2d Session
		S. 3575
		IN THE SENATE OF THE UNITED
		  STATES

			September 25
			 (legislative day, September 17), 2008
			Mr. Carper (for himself
			 and Ms. Murkowski) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Federal Food, Drug, and
		  Cosmetic Act with respect to nutrition labeling of food offered for sale in
		  food service establishments.

		1.Short title; table of contents
			(a)Short titleThis Act may be cited as the
			 Labeling Education and Nutrition Act
			 of 2008 or the LEAN Act of 2008.
			(b)Table of contentsThe table of contents of this Act is as
			 follows:

					Sec. 1. Short title;
				table of contents.
					Sec. 2. Findings.
					Sec. 3. Definitions.
					Sec. 4. Nutrition labeling exemption.
					Sec. 5. Voluntary nutrition labeling.
					Sec. 6. Mandatory nutrition labeling.
					Sec. 7. National uniformity.
					Sec. 8. Implementing regulations.
					Sec. 9. Effective dates.
					Sec. 10. Technical and conforming amendments.

			2.FindingsCongress finds that—
			(1)a healthy lifestyle includes a balanced
			 diet as well as physical activity;
			(2)approximately more than 60 percent of
			 American adults and 30 percent of American children suffer from being
			 overweight and obese, which can lead to many chronic health risks, including
			 diabetes, heart disease, and hypertension;
			(3)the United States ranks last in reducing
			 the number of preventable deaths resulting from obesity-related chronic
			 illnesses;
			(4)during the 2-decade period preceding the
			 date of enactment of this Act, there has been a significant increase in the
			 number of meals prepared or eaten outside the home;
			(5)nutrition labeling pursuant to the
			 Nutrition Labeling and Education Act of 1990 has increased significantly
			 American consumers' access to nutrition information regarding the foods they
			 consume;
			(6)the Department of Agriculture and leading
			 health groups recognize that many individuals require different information
			 based on individual and specific health needs and risks;
			(7)the nutrients provided pursuant to the
			 Nutrition Labeling and Education Act of 1990 provides consumers with all the
			 tools needed to make healthy choices;
			(8)as of 2008, nutrition information for
			 standard food items is voluntarily provided by various delivery methods at many
			 major chains of food service establishments;
			(9)the nutrient content of a food offered for
			 sale in a food service establishment can be determined with appropriate
			 accuracy by consulting nutrient databases, cookbooks, laboratory analyses, or
			 other sources that provide a reasonable basis for information regarding the
			 nutrient content of a food, notwithstanding variability in the portion size,
			 formulation, and other characteristics of such food or its preparation method;
			 and
			(10)public health and welfare are advanced if
			 food service establishment nutrition information is not subject to frivolous
			 litigation.
			3.DefinitionsSection 403(q) of the Federal Food, Drug,
			 and Cosmetic Act (21 U.S.C. 343(q)) is amended by adding at the end the
			 following:

				(6)DefinitionsFor purposes of subparagraphs (7) and
				(8):
					(A)The term standard food item
				means a food offered for sale at least 90 days per calendar year, but does not
				include food not separately offered for sale or food exempt under subparagraph
				(5)(C).
					(B)The term menu or menu
				board means the primary writing on the premises of the food service
				establishment from which consumers make their order selection.
					(C)The term reasonable basis
				means any means of determining nutrition information for a standard food item
				made without an intent to deceive, including nutrient databases, cookbooks,
				laboratory analyses, and other reasonable means.
					(D)The term food service
				establishment means an establishment that offers for sale food described
				in subclause (i) or (ii) of subparagraph
				(5)(A).
					.
		4.Nutrition labeling exemptionSection 403(q)(5)(A) of the Federal Food,
			 Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(A)) is amended—
			(1)by adding at the end of subclause (i) the
			 following: except that such food shall not be considered exempt under
			 this subclause for purposes of providing nutrition information under
			 subparagraph (7) or (8).; and
			(2)by adding at the end of subclause (ii) the
			 following: except that such food shall not be considered exempt under
			 this subclause for purposes of providing nutrition information under
			 subparagraph (7) or (8)..
			5.Voluntary nutrition labelingSection 403(q) of the Federal Food, Drug,
			 and Cosmetic Act (21 U.S.C. 343(q)), as amended by section 3, is further
			 amended by adding at the end the following:

				(7)Voluntary nutrition labeling of food
				service establishment foodA
				food service establishment may provide nutrition information for a food item
				under this subparagraph by meeting the following requirements:
					(A)Providing nutrition information for all of
				the nutrients required by subparagraphs (1)(C) and (1)(D), determined with a
				reasonable basis.
					(B)Disclosing such information in written form
				on the premises of the food service establishment.
					(C)Making such disclosure available upon
				request prior to
				purchase.
					.
		6.Mandatory nutrition labelingSection 403(q) of the Federal Food, Drug,
			 and Cosmetic Act (21 U.S.C. 343(q)), as amended by section 5, is further
			 amended by adding at the end the following:

				(8)In generalThe labeling of a standard food item served
				or offered for sale in a food service establishment that is part of a chain
				that operates 20 or more establishments under the same trade name (regardless
				of the type of ownership of the establishments) shall, except as provided in
				clause (E), disclose, in a clear and conspicuous manner in accordance with
				paragraph (f), the following information, determined with a reasonable basis,
				as follows:
					(A)Disclosure of calories
						(i)Calories on the menu boardThe number of calories shall be disclosed
				prior to the point of purchase by 1 of the following means:
							(I)On the menu board.
							(II)On a sign presenting standard food items in
				a manner similar to the menu board and located on the same wall as the menu
				board.
							(III)On a sign at eye level in the consumer
				queue prior to the point of purchase.
							(ii)Calories on the menuThe number of calories shall be disclosed
				prior to the point of purchase by 1 of the following means:
							(I)In the menu.
							(II)In an insert that accompanies the
				menu.
							(III)In an appendix that is attached to the back
				of the menu.
							(IV)In a supplemental menu that accompanies the
				menu.
							(B)Additional nutrition
				informationThe nutrition
				information for all nutrients required by subparagraphs (1)(C) and (1)(D) shall
				be located on the premises of the food service establishment, in writing, and
				available to the consumer upon request prior to the point of purchase.
					(C)Referral statementA menu, menu board, or other writing prior
				to the point of purchase shall bear a statement directing the consumer to the
				availability of additional nutrition information required under clause
				(B).
					(D)Calorie information statementIf calories are not listed directly on a
				menu or menu board pursuant to subclause (i)(I), (i)(II), or (ii)(I) of clause
				(A), then the menu or menu board shall state the suggested daily caloric intake
				as 2000 calories or an alternative statement prescribed by the Secretary
				through guidance.
					(E)ApplicabilityThis subparagraph shall not apply
				to—
						(i)food offered for sale in a nonprofit food
				service establishment;
						(ii)food that is not food described in
				subclause (i) or (ii) of subparagraph (5)(A); and
						(iii)such other food as the Secretary may exempt
				by regulation.
						(F)ViolationsA person shall have knowingly or willfully
				violated the requirements of this paragraph if the person—
						(i)purposefully failed to make a disclosure
				required by this paragraph; or
						(ii)made a disclosure under this paragraph with
				an intent to deceive.
						(G)One determination per itemA reasonable basis determination of
				nutrition information shall be required only once per standard food item if the
				portion size is reasonably consistent and the food service establishment
				follows a standardized recipe and trains to a consistent method of
				preparation.
					.
		7.National uniformitySection 403A(a)(4) of the Federal Food,
			 Drug, and Cosmetic Act (21 U.S.C. 343–1(a)(4)) is amended to read as
			 follows:

				(4)any requirement for nutrition labeling of
				food that is not identical to the requirement of section 403(q), except a
				requirement for nutrition labeling of food which is exempt under subclause (i)
				or (ii) of section 403(q)(5)(A), other than food served in an establishment
				that is not part of a chain that operates 20 or more establishments under the
				same trade name,
				or
				.
		8.Implementing regulationsThe Secretary of Health and Human Services
			 (referred to in this section as the Secretary) shall carry out
			 the following:
			(1)Not later than 1 year after the date of
			 enactment of this Act, the Secretary shall promulgate proposed regulations to
			 mandate nutrition labeling of food service establishment food in accordance
			 with section 403(q)(8) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
			 343(q)(8)) (as added by section 6).
			(2)Not later than 2 years after the date of
			 enactment of this Act, the Secretary shall promulgate final regulations to
			 mandate nutrition labeling of food service establishment food in accordance
			 with section 403(q)(8) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
			 343(q)(8)) (as added by section 6).
			(3)If the Secretary determines that a nutrient
			 other than a nutrient required by section 403(q)(8) of the Federal Food, Drug,
			 and Cosmetic Act (21 U.S.C. 343(q)(8)) should be included in the labeling of
			 food menu items subject to such section 403(q)(8) for purposes of providing
			 information regarding the nutritional value of such food that will assist
			 consumers in maintaining healthy dietary practices, the Secretary may by
			 regulation require that information relating to such an additional nutrient be
			 included in the labeling of such food items.
			(4)If the Secretary determines that the
			 information relating to a nutrient required by section 403(q)(8) of the Federal
			 Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(8)) or paragraph (3) of this
			 section to be included in the labeling of food menu items is not necessary to
			 assist consumers in maintaining healthy dietary practices, the Secretary may by
			 regulation strike the requirement to include such information relating to such
			 nutrient.
			(5)The Secretary may prescribe by regulation
			 alternative clear and conspicuous means of meeting the requirements of section
			 403(q)(8)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
			 343(q)(8)(A)) (as added by section 6).
			9.Effective datesThe amendments made by this Act shall take
			 effect on the date of enactment of this Act, except that the amendment made by
			 section 6 shall take effect 180 days after the Secretary of Health and Human
			 Services promulgates final regulations under section 8(2).
		10.Technical and conforming
			 amendments
			(a)Section 403(q)(1) of the Federal Food,
			 Drug, and Cosmetic Act (21 U.S.C. 343(q)(1)) is amended by striking
			 subparagraphs (3), (4), and (5) and inserting
			 subparagraphs (3), (4), (5), (7), and (8).
			(b)Section 403(q)(5)(G) of the Federal Food,
			 Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(G)) is amended by striking
			 Subparagraphs (1), (2), (3) and (4) and inserting
			 Subparagraphs (1), (2), (3), (4), (7) and (8).


114 HR 3055 IH: Cuba Digital and Telecommunications Advancement Act of 2015
U.S. House of Representatives
2015-07-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 3055
		IN THE HOUSE OF REPRESENTATIVES

			July 14, 2015
			Mr. Cramer (for himself and Mr. Welch) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To authorize the exportation of consumer communication devices to Cuba and the provision of
			 telecommunications services to Cuba, and for other purposes.

 1.Short titleThis Act may be cited as the Cuba Digital and Telecommunications Advancement Act of 2015 or the Cuba DATA Act. 2.Exportation of consumer communication devices and telecommunications services to Cuba (a)In generalNotwithstanding any other provision of law, the President may permit any person subject to the jurisdiction of the United States—
 (1)to export consumer communication devices and other telecommunications equipment to Cuba; (2)to provide telecommunications services involving Cuba or persons in Cuba;
 (3)to establish facilities to provide telecommunications services connecting Cuba with another country or to provide telecommunications services in Cuba;
 (4)to conduct any transaction incident to carrying out an activity described in any of paragraphs (1) through (3); and
 (5)to enter into, perform, and make and receive payments under a contract with any individual or entity in Cuba with respect to the provision of telecommunications services involving Cuba or persons in Cuba.
 (b)ReportNot later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter for 4 years, the President shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report on—
 (1)the percentage of individuals in Cuba who are able to access the Internet and the infrastructure that would be needed in Cuba to reach the goal of increasing that percentage to 50 percent by 2020;
 (2)the ability of individuals in Cuba, including foreign tourists, to access data through the use of cell phones and the infrastructure that would be needed to bring the capability to access that data to rural and urban population centers in Cuba;
 (3)the impact of access to telecommunications technology on the development of new businesses, co-ops, and educational opportunities in Cuba; and
 (4)the impact of the telecommunications equipment and telecommunications services provided under this section on advancing the human rights objectives of the United States and how such equipment and services are being used to advance those objectives.
 (c)DefinitionsIn this section: (1)Consumer communication devicesThe term consumer communication devices means commodities and software described in section 740.19(b) of title 15, Code of Federal Regulations (or any successor regulation).
 (2)Person subject to the jurisdiction of the United StatesThe term person subject to the jurisdiction of the United States means— (A)any individual, wherever located, who is a citizen or resident of the United States;
 (B)any person located in the United States; (C)any corporation, partnership, association, or other organization organized under the laws of the United States or of any State, territory, possession, or district of the United States; and
 (D)any corporation, partnership, association, or other organization, wherever organized or doing business, that is owned or controlled by a person described in subparagraph (A), (B), or (C).
 (3)Telecommunications servicesThe term telecommunications services includes— (A)data, telephone, telegraph, Internet connectivity, radio, television, news wire feeds, and similar services, regardless of the medium of transmission and including transmission by satellite;
 (B)services incident to the exchange of communications over the Internet; (C)domain name registration services; and
 (D)services that are related to consumer communication devices and other telecommunications equipment to install, repair, or replace such devices and equipment.
					3.Repeal of certain authorities preventing financing and market reform for Cuba
			(a)Cuban Democracy Act
 (1)In generalSection 1704 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003) is repealed. (2)Conforming amendmentsSection 204 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6064) is amended—
 (A)in subsection (b), by amending paragraph (3) to read as follows:  (3)sections 1705(d) and 1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(d) and 6005);; and
 (B)in subsection (d), by amending paragraph (3) to read as follows:  (3)sections 1705(d) and 1706 of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(d) and 6005) are repealed; and.
					(b)Cuban Liberty and Democratic Solidarity Act
 (1)In generalSections 102, 103, 104, 105, and 108 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032, 6033, 6034, 6035, and 6038) are repealed.
 (2)Conforming amendmentSection 109(a) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6039(a)) is amended by striking (including section 102 of this Act).


115 SRES 175 ATS: Recognizing the 100th anniversary of the commissioned officer corps of the National Oceanic and Atmospheric Administration.
U.S. Senate
2017-05-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		115th CONGRESS
		1st Session
		S. RES. 175
		IN THE SENATE OF THE UNITED STATES

			May 22, 2017
			Mr. Sullivan (for himself, Mr. Thune, Mr. Nelson, Mr. Peters, and Mr. Cochran) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Recognizing the 100th anniversary of the commissioned officer corps of the National Oceanic and
			 Atmospheric Administration.

 Whereas, on May 22, 1917, the forerunner to the commissioned officer corps of the National Oceanic and Atmospheric Administration (referred to in this preamble as the NOAA Corps) was created as the commissioned corps of the United States Coast and Geodetic Survey in order to provide officers to command coastal survey ships and field survey parties locally and abroad;
 Whereas the heritage of the NOAA Corps is closely tied to the oldest scientific and technical agency of the United States, the Survey of the Coast, which was established by President Thomas Jefferson and Congress in 1807;
 Whereas, on October 3, 1970, the National Oceanic and Atmospheric Administration was established and the officers of that agency became members of the NOAA Corps;
 Whereas, for the past 100 years, the central mission of the NOAA Corps and its predecessor has been to collect data at sea or in the air to enable decisions that have a great impact on the United States;
 Whereas, since 1960, officers of the NOAA Corps and their predecessors have flown into 292 tropical cyclones, risking their lives to advance the science needed to save lives and livelihoods along the coastal communities of the United States;
 Whereas, whatever the mission, the United States turns to the NOAA Corps for environmental leadership;
 Whereas the motto of Honor, Respect, Commitment is the creed by which NOAA Corps officers live and serve; and Whereas, regardless of the cause, location, or magnitude of a future hurricane, the United States can rely on the NOAA Corps to fly into the storm to carry out the missions entrusted to the NOAA Corps: Now, therefore, be it

 That the Senate— (1)expresses the appreciation of the people of the United States to the commissioned officer corps of the National Oceanic and Atmospheric Administration (referred to in this resolving clause as the NOAA Corps), and the officers who have served in the NOAA Corps, for 100 years of dedicated service;
 (2)honors the valor, commitment, and sacrifice that officers of the NOAA Corps have displayed throughout the history of the NOAA Corps; and
 (3)respectfully requests that the President issue a proclamation that— (A)recognizes the 100th anniversary of the NOAA Corps and the dedicated service of the officers who have served in the NOAA Corps; and
 (B)calls upon the people of the United States to observe that anniversary with appropriate ceremonies and activities.


115 S2127 IS: Merchant Mariners of World War II Congressional Gold Medal Act of 2017
U.S. Senate
2017-11-15
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.

II115th CONGRESS1st SessionS. 2127IN THE SENATE OF THE UNITED STATESNovember 15, 2017Ms. Murkowski (for herself, Mr. Sullivan, Ms. Baldwin, and Mr. Cochran) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo award a Congressional Gold Medal, collectively, to the United States merchant mariners of World
			 War II, in recognition of their dedicated and vital service during World
			 War II.

 1.Short titleThis Act may be cited as the Merchant Mariners of World War II Congressional Gold Medal Act of 2017. 2.FindingsCongress finds the following:
 (1)2015 marked the 70th anniversary of the Allied victory in World War II and the restoration of peacetime across the European and Pacific theaters.
 (2)The United States Merchant Marine (in this section referred to as the Merchant Marine) was integral in providing the link between domestic production and the fighting forces overseas, providing combat equipment, fuel, food, commodities, and raw materials to troops stationed abroad.
 (3)Fleet Admiral Ernest J. King acknowledged the indispensability of the Merchant Marine to the victory in a 1945 letter stating that, without the support of the Merchant Marine, the Navy could not have accomplished its mission.
 (4)President, and former Supreme Commander of the Allied Forces, Dwight D. Eisenhower acknowledged that through the prompt delivery of supplies and equipment to our armed forces overseas, and of cargoes representing economic and military aid to friendly nations, the American Merchant Marine has effectively helped to strengthen the forces of freedom throughout the world.
 (5)Military missions and war planning were contingent upon the availability of resources and the Merchant Marine played a vital role in this regard, ensuring the efficient and reliable transoceanic transport of military equipment and both military and civilian personnel.
 (6)The Merchant Marine provided for the successful transport of resources and personnel despite consistent and ongoing exposure to enemy combatants from both the air and the sea, including from enemy bomber squadrons, submarines, and mines.
 (7)The efforts of the Merchant Marine were not without sacrifices as the Merchant Marine bore a higher per-capita casualty rate than any other branch of the military during the war.
 (8)The Merchant Marine proved to be an instrumental asset on an untold number of occasions, participating in every landing operation by the United States Marine Corps, from Guadalcanal to Iwo Jima.
 (9)The Merchant Marine provided the bulk tonnage of material necessary for the invasion of Normandy, an invasion which, according to a 1944 New York Times article, would not have been possible without the Merchant Marine.
 (10)In assessing the performance of the Merchant Marine, General Eisenhower stated, every man in this Allied command is quick to express his admiration for the loyalty, courage, and fortitude of the officers and men of the Merchant Marine. We count upon their efficiency and their utter devotion to duty as we do our own; they have never failed us.
 (11)During a September 1944 speech, President Franklin D. Roosevelt stated that the Merchant Marine had delivered the goods when and where needed in every theater of operations and across every ocean in the biggest, the most difficult, and dangerous transportation job ever undertaken. As time goes on, there will be greater public understanding of our merchant fleet’s record during this war..
 (12)The feats and accomplishments of the Merchant Marine are deserving of broader public recognition. (13)The United States will be forever grateful and indebted to these merchant mariners for their effective, reliable, and courageous transport of goods and resources in enemy territory throughout theaters of every variety in World War II.
 (14)The goods and resources transported by the Merchant Marine saved thousands of lives and enabled the Allied Powers to claim victory in World War II.
 (15)The Congressional Gold Medal would be an appropriate way to shed further light on the service of the merchant mariners in World War II and the instrumental role they played in winning that war.
			3.Congressional gold medal
 (a)Award AuthorizedThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to the United States merchant mariners of World War II, in recognition of their dedicated and vital service during World War II.
 (b)Design and StrikingFor the purposes of the award described in subsection (a), the Secretary of the Treasury (in this Act referred to as the Secretary) shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary.
			(c)American Merchant Marine Museum
 (1)In generalFollowing the award of the gold medal under subsection (a), the gold medal shall be given to the American Merchant Marine Museum, where it will be available for display as appropriate and available for research.
 (2)Sense of CongressIt is the sense of Congress that the American Merchant Marine Museum should make the gold medal given to the Museum under paragraph (1) available for display elsewhere, particularly at appropriate locations associated with the United States Merchant Marine and that preference should be given to locations affiliated with the United States Merchant Marine.
 4.Duplicate medalsUnder such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses.
		5.Status of medals
 (a)National medalsMedals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.
 (b)Numismatic itemsFor purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.


110 HR 1008 IH: SAFER NET Act
U.S. House of Representatives
2007-02-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 1008
		IN THE HOUSE OF REPRESENTATIVES

			February 13, 2007
			Ms. Bean (for
			 herself, Mr. Hill,
			 Mr. Arcuri,
			 Mr. Barrow,
			 Mr. Berry,
			 Ms. Berkley,
			 Ms. Bordallo,
			 Mr. Boswell,
			 Mr. Boyd of Florida,
			 Mr. Butterfield,
			 Mr. Cardoza,
			 Mr. Chandler,
			 Mr. Cooper,
			 Mr. Costa,
			 Mr. Cramer,
			 Mr. Davis of Illinois,
			 Mr. Donnelly,
			 Mr. Doyle,
			 Mr. Ellsworth,
			 Mr. Emanuel,
			 Mr. Grijalva,
			 Mr. Hall of New York,
			 Mr. Hinchey,
			 Ms. Hooley,
			 Mr. Inslee,
			 Mr. Kind, Mr. Lipinski, Mrs.
			 Lowey, Mrs. Maloney of New
			 York, Mr. Marshall,
			 Ms. Matsui,
			 Mrs. McCarthy of New York,
			 Mr. McGovern,
			 Mr. McIntyre,
			 Mr. Meek of Florida,
			 Mr. Melancon,
			 Mr. George Miller of California,
			 Ms. Moore of Wisconsin,
			 Mr. Patrick J. Murphy of Pennsylvania,
			 Mr. Ross, Mr. Schiff, Mr.
			 Shuler, Ms. Slaughter,
			 Ms. Solis,
			 Mr. Spratt,
			 Mr. Tanner,
			 Mr. Wilson of Ohio,
			 Mr. Yarmuth,
			 Ms. Wasserman Schultz, and
			 Ms. Schakowsky) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To improve public awareness in the United States
		  regarding safe use of the Internet through the establishment of an Office of
		  Internet Safety and Public Awareness within the Federal Trade
		  Commission.

		1.Short titleThis Act may be cited as the
			 Safeguarding America’s Families by
			 Enhancing and Reorganizing New and Efficient Technologies Act of
			 2007 or the SAFER NET Act.
		2.Establishment of
			 OfficeThe Federal Trade
			 Commission shall establish an Office of Internet Safety and Public Awareness,
			 which shall have responsibility for programs and activities relating to
			 increasing public awareness and providing education regarding Internet
			 safety.
		3.DirectorThe Office shall be headed by a Director who
			 shall be appointed by the Commission.
		4.Internet
			 safetyFor purposes of this
			 Act, the issue of Internet safety includes issues regarding use of the Internet
			 in a manner that promotes safe online activity, including safe transactions
			 involved in online commerce, and protects against threats to financial
			 information and privacy, threats from cyber-crime, and threats to juveniles,
			 including cyber-predators and material that is inappropriate for minors.
		5.Duties
			(a)ActivitiesThe Commission, acting through the Office,
			 shall carry out a nationwide program to increase public awareness and education
			 regarding Internet safety, for families, businesses, organizations, and other
			 users, that utilizes existing resources and efforts of the Federal Government,
			 State and local governments, nonprofit organizations, private technology and
			 financial companies, Internet service providers, World Wide Web-based
			 resources, and other appropriate entities, that includes—
				(1)evaluating
			 Internet safety efforts and activities provided at various levels of government
			 and by other entities;
				(2)improving
			 efficiency of Internet safety efforts and activities, by eliminating redundancy
			 of efforts at various levels of government and other entities, identifying,
			 promoting, and expanding effective such efforts and activities and coordinating
			 among such efforts and activities;
				(3)identifying,
			 promoting, and encouraging best practices for Internet safety;
				(4)establishing and
			 carrying out a national outreach and education campaign regarding Internet
			 safety utilizing various media and Internet-based resources;
				(5)serving as the
			 primary contact in the Federal Government, and as a national clearinghouse, for
			 information and public awareness efforts regarding Internet safety;
				(6)facilitating access
			 to, and the exchange of, information regarding Internet safety to promote
			 up-to-date knowledge regarding current issues;
				(7)providing expert
			 advice and consultation to the Commission regarding Internet safety issues;
			 and
				(8)providing
			 assistance, including technical assistance and financial assistance under
			 subsection (c), to States, units of local government, schools, police
			 departments, non-profit organizations, and such other entities as the Office
			 considers appropriate to promote Internet safety education and public
			 awareness.
				(b)Grants and
			 contracts
				(1)AuthorityIn
			 carrying out subsection (b), the Commission, acting through the Office, may
			 make grants, to the extent amounts are provided in advance in appropriation
			 Acts for such grants, to, and enter into cooperative agreements, contracts, and
			 interagency agreements with States, units of local government, schools, police
			 departments, non-profit organizations, and such other public and private
			 agencies, entities, and organizations as the Office considers
			 appropriate.
				(2)EvaluationThe
			 Commission, acting through the Office, shall provide for evaluations of
			 projects and activities carried out with financial assistance provided under
			 paragraph (1) and for the dissemination of information developed as a result of
			 such projects.
				6.Annual
			 reportsThe Commission, acting
			 through the Office, shall submit a report not later than March 31 of each year
			 that—
			(1)describes the
			 activities of the Office during the preceding calendar year;
			(2)contains any
			 evaluations performed pursuant to subsection (c)(2) for any projects and
			 activities carried out during the preceding calendar with assistance under
			 subsection (c)(1);
			(3)describes and
			 analyzes the current state, as of the preparation of such report, of Internet
			 safety, existing and emerging threats to Internet safety, and costs to the
			 economy of the United States resulting from preventing, responding to,
			 eliminating, and otherwise dealing with threats to Internet safety.
			7.DefinitionsFor purposes of this Act, the following
			 definitions shall apply:
			(1)CommissionThe
			 term Commission means the Federal Trade Commission.
			(2)InternetThe
			 term Internet means collectively the myriad of computer and
			 telecommunications facilities, including equipment and operating software,
			 which comprise the interconnected world-wide network of networks that employ
			 the Transmission Control Protocol/Internet Protocol, or any predecessor or
			 successor protocols to such protocol, to communicate information of all kinds
			 by wire or radio.
			(3)OfficeThe term Office means the
			 Office of Internet Safety and Public Awareness of the Federal Trade Commission,
			 established by section 2.


		III
		111th CONGRESS
		2d Session
		S. RES. 559
		IN THE SENATE OF THE UNITED STATES

			June 16, 2010
			Mr. Burris (for himself,
			 Mr. Durbin, Mrs. Gillibrand, Mr.
			 Levin, Mr. Lugar,
			 Mr. Harkin, Ms.
			 Mikulski, Mrs. Lincoln,
			 Ms. Landrieu, and
			 Mr. Cardin) submitted the following
			 resolution; which was considered and agreed to

		RESOLUTION
		Observing the historical significance of
		  Juneteenth Independence Day.

		Whereas news of the end of slavery did not reach frontier
			 areas of the United States, and in particular the southwestern States, for more
			 than 21/2 years after President Lincoln's Emancipation
			 Proclamation, which was issued on January 1, 1863, and months after the
			 conclusion of the Civil War;
		Whereas, on June 19, 1865, Union soldiers led by Major
			 General Gordon Granger arrived in Galveston, Texas with news that the Civil War
			 had ended and that the enslaved were free;
		Whereas African-Americans who had been slaves in the
			 Southwest celebrated June 19, commonly known as Juneteenth Independence
			 Day, as the anniversary of their emancipation;
		Whereas African-Americans from the Southwest continue the
			 tradition of celebrating Juneteenth Independence Day as inspiration and
			 encouragement for future generations;
		Whereas, for more than 140 years, Juneteenth Independence
			 Day celebrations have been held to honor African-American freedom while
			 encouraging self-development and respect for all cultures;
		Whereas, although Juneteenth Independence Day is beginning
			 to be recognized as a national, and even global, event, the history behind the
			 celebration should not be forgotten; and
		Whereas the faith and strength of character demonstrated
			 by former slaves remains an example for all people of the United States,
			 regardless of background, religion, or race: Now, therefore, be it

		That—
			(1)the
			 Senate—
				(A)recognizes the
			 historical significance of Juneteenth Independence Day to the Nation;
				(B)supports the
			 continued celebration of Juneteenth Independence Day to provide an opportunity
			 for the people of the United States to learn more about the past and to
			 understand better the experiences that have shaped the Nation; and
				(C)encourages the
			 people of the United States to observe Juneteenth Independence Day with
			 appropriate ceremonies, activities, and programs; and
				(2)it is the sense
			 of the Senate that—
				(A)the celebration
			 of the end of slavery is an important and enriching part of the history and
			 heritage of the United States; and
				(B)history should be
			 regarded as a means for understanding the past and solving the challenges of
			 the future.


		II
		110th CONGRESS
		2d Session
		S. 2925
		IN THE SENATE OF THE UNITED STATES

			April 28, 2008
			Mr. Schumer introduced
			 the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To provide for research into the development of
		  energy-efficient technologies and renewable energy technologies and to foster
		  the introduction of energy-efficient technologies and renewable energy
		  technologies into the marketplace, with the goal of reducing United States oil
		  imports.

		1.Short titleThis Act may be cited as the
			 National Energy Efficiency Development
			 Act.
		2.FindingsCongress finds that—
			(1)the welfare and
			 security of the United States require that adequate provision be made for
			 activities relating to the development of energy-efficient technologies and
			 renewable energy technologies; and
			(2)those activities
			 should be the responsibility of, and should be directed by, an independent
			 establishment exercising control over activities relating to the development
			 and promotion of energy-efficient technologies and renewable energy
			 technologies sponsored by the United States.
			3.PurposeThe purpose of this Act is to establish the
			 National Energy Efficiency Development Administration—
			(1)to develop technologies to increase energy
			 efficiency;
			(2)to reduce the demand for energy;
			(3)to develop
			 technologies to produce energy from renewable sources;
			(4)to harness and
			 facilitate the ingenuity of the ongoing research and development of new energy
			 technology occurring throughout the United States; and
			(5)to facilitate the
			 commercialization of new energy-efficient technologies and renewable energy
			 technologies.
			4.DefinitionsIn this Act:
			(1)AdministrationThe
			 term Administration means the National Energy Efficiency
			 Development Administration established by section 5(a).
			(2)AdministratorThe
			 term Administrator means the head of the Administration appointed
			 under section 5(c)(1).
			(3)Advisory
			 CommitteeThe term Advisory Committee means the
			 Policy Advisory Committee established by section 7(a)(1).
			(4)Energy-efficient
			 technologyThe term energy-efficient technology
			 means a technology that improves the energy efficiency of any sector of the
			 economy, including the transportation, building, energy generation, appliance,
			 power transmission, and industrial sectors.
			(5)Renewable
			 energy technologyThe term renewable energy
			 technology means a technology (including a technology invented after the
			 date of enactment of this Act) that produces energy from a sustainable biomass,
			 wind, hydroelectric, solar, geothermal, fuel cell, or other renewable
			 source.
			5.National Energy
			 Efficiency Development Administration
			(a)EstablishmentThere
			 is established, as an independent agency, the National Energy Efficiency
			 Development Administration.
			(b)MissionThe
			 mission of the Administration shall be—
				(1)to increase the
			 efficiency of the production and use of energy in all sectors of the economy;
			 and
				(2)to reduce United
			 States imports of oil by—
					(A)5 percent by
			 2010;
					(B)20 percent by
			 2013; and
					(C)50 percent by
			 2020.
					(c)Administrator;
			 deputy Administrator
				(1)Administrator
					(A)Appointment
						(i)In
			 generalThe Administration shall be headed by an Administrator,
			 who shall be appointed by the President, by and with the advice and consent of
			 the Senate.
						(ii)Basis of
			 appointmentIn appointing an individual to serve as
			 Administrator, the President—
							(I)shall
			 consider—
								(aa)the
			 professional qualifications of the individual;
								(bb)the
			 scientific or professional background of the individual; and
								(cc)the
			 length of experience of the individual in positions of management or energy
			 research and development; and
								(II)shall not
			 consider the political affiliation of the individual.
							(B)Term of
			 office
						(i)In
			 generalSubject to clause (ii), the term of office of an
			 Administrator shall be 6 years.
						(ii)Removal
							(I)Removal by
			 PresidentThe President may remove an Administrator from the
			 Administration based on just cause, as determined by the President.
							(II)Communication
			 of causeIn removing an Administrator from the Administration,
			 the President shall communicate to Congress each reason for removal.
							(C)PaySection
			 5313 of title 5, United States Code, is amended by adding at the end the
			 following:

							Administrator, National Energy Efficiency
				Development
				Administration.
							.
					(D)Authority of
			 Administrator
						(i)In
			 generalThe Administrator shall be the final authority for
			 carrying out all functions, powers, and duties of the Administration relating
			 to—
							(I)the appointment
			 and employment of all officers and employees of the Administration (other than
			 Presidential and political appointees);
							(II)the acquisition
			 and maintenance of property, services, and equipment of the
			 Administration;
							(III)the activities
			 of the Administration;
							(IV)the promulgation
			 of regulations to carry out the functions of the Administration; and
							(V)the publishing of
			 regulations, rules, orders, circulars, bulletins, and other official
			 publications of the Administration.
							(ii)Limitation on
			 rulemaking authorityThe Administrator shall not make any
			 modifications to energy-efficiency standards or related standards in effect on
			 the date of enactment of this Act that would result in a projected net
			 reduction of efficiency in the use of oil or other imported energy
			 sources.
						(iii)Organization
			 of Administration
							(I)In
			 generalSubject to subclause (II), the Administrator may
			 establish, alter, consolidate, or discontinue organizational units or
			 components within the Administration as the Administrator determines to be
			 necessary.
							(II)Limitation of
			 authorityThe Administrator shall not—
								(aa)abolish any
			 organizational unit or component established by this Act; or
								(bb)transfer any
			 function vested by this Act in any organizational unit or component.
								(E)Duties of
			 Administrator
						(i)In
			 generalThe Administrator shall—
							(I)plan, direct, and
			 conduct energy-efficient technology and renewable energy technology
			 activities;
							(II)provide for the
			 widest appropriate dissemination of information concerning the activities of
			 the Administration and the results of those activities;
							(III)(aa)improve existing
			 energy-efficient technologies and renewable energy technologies; or
								(bb)develop new energy-efficient
			 technologies and renewable energy technologies;
								(IV)identify and
			 implement mechanisms to introduce energy-efficient technologies and renewable
			 energy technologies into the marketplace; and
							(V)conduct studies
			 of—
								(aa)the
			 potential benefits gained, such as environmental protection, increasing energy
			 independence, and reducing costs to consumers; and
								(bb)the costs of and
			 barriers to the development and use of energy-efficient technologies.
								(ii)ObjectivesThe
			 energy-efficient technology and renewable energy technology activities of the
			 United States carried out by the Administrator or carried out with financial
			 assistance from the Administrator shall, as the Administrator determines to be
			 appropriate, be conducted so as to contribute significantly to 1 or more of the
			 following objectives:
							(I)Expansion of
			 knowledge about energy-efficient technologies and renewable energy technologies
			 and the use of those technologies.
							(II)Facilitating the
			 market transformation of energy-efficient technologies and renewable energy
			 technologies.
							(III)The most
			 effective use of the scientific resources of the United States, with close
			 cooperation among all interested agencies of the United States so as to avoid
			 duplication of effort, facilities, and equipment.
							(2)Deputy
			 Administrator
					(A)AppointmentThere
			 shall be in the Administration a Deputy Administrator, who shall be appointed
			 by the President, by and with the advice and consent of the Senate.
					(B)Basis of
			 appointmentIn appointing a Deputy Administrator, the
			 President—
						(i)shall
			 consider—
							(I)the professional
			 qualifications of the individual;
							(II)the scientific
			 or professional background of the individual; and
							(III)the length of
			 experience of the individual in positions of management or research and
			 development; and
							(ii)shall not
			 consider the political affiliation of the individual.
						(C)Term of
			 office
						(i)In
			 generalSubject to clause (ii), the term of office of a Deputy
			 Administrator shall be 6 years.
						(ii)Removal
							(I)Removal by
			 PresidentThe President may remove a Deputy Administrator from
			 the Administration based on just cause, as determined by the President.
							(II)Communication
			 of causeIn removing a Deputy Administrator from the
			 Administration, the President shall communicate to Congress each reason for
			 removal.
							(D)PaySection
			 5314 of title 5, United States Code, is amended by adding at the end the
			 following:

							Deputy Administrator, National Energy
				Efficiency Development
				Administration.
							.
					(E)DutiesThe
			 Deputy Administrator shall—
						(i)supervise the
			 project development and engineering activities of the Administration;
						(ii)exercise such
			 other powers and perform such duties as the Administrator may prescribe;
			 and
						(iii)act for, and
			 exercise the powers of, the Administrator during the absence or disability of
			 the Administrator.
						(d)Personnel
			 planNot later than 180 days
			 after the date of enactment of this Act, the Administrator shall submit to
			 Congress a personnel plan for the Administration that—
				(1)specifies the
			 initial number and qualifications of employees needed for the
			 Administration;
				(2)describes the
			 functions and General Service classification and pay rates of the initial
			 employees; and
				(3)specifies how the
			 Administrator will adhere to or deviate from the civil service system.
				(e)Transfer of
			 functions
				(1)Definition of
			 functionIn this subsection, the term function means
			 any duty, obligation, power, authority, responsibility, right, privilege,
			 activity, or program.
				(2)Transfer of
			 functions
					(A)In
			 generalNot later than 1 year after the date of enactment of this
			 Act, there shall be transferred to the Administrator—
						(i)all
			 functions exercised by the Assistant Secretary for Efficiency and Renewable
			 Energy as of the date of enactment of this Act; and
						(ii)any authority to
			 promulgate regulations relating to fuel efficiency exercised by the Secretary
			 of Transportation as of the date of enactment of this Act.
						(B)InclusionsFunctions
			 transferred under subparagraph (A) include all real and personal property,
			 personnel funds, and records of the Office of Energy Efficiency and Renewable
			 Energy of the Department of Energy.
					(C)Transition
			 planNot later than 180 days after the date of enactment of this
			 Act, the President shall submit to Congress a transition plan to transfer
			 functions of the Office of Energy Efficiency and Renewable Energy of the
			 Department of Energy in accordance with this Act.
					(3)Presidential
			 transfers
					(A)In
			 generalNot later than 4 years after the date of enactment of
			 this Act, the President (in consultation with Congress and the Administrator)
			 may transfer to the Administrator—
						(i)any
			 function of any other department or agency of the United States, or of any
			 officer or organizational entity of any department or agency, that relates
			 primarily to the duties of the Administrator under this Act; and
						(ii)any records,
			 property, personnel, and funds that are necessary to carry out that
			 function.
						(B)ReportsThe
			 President shall submit to Congress a report that describes the nature and
			 effect of any transfer made under subparagraph (A).
					(4)Abolishment of
			 officeOn completion of the transfer of the functions described
			 in paragraph (2), the Office of Energy Efficiency and Renewable Energy of the
			 Department of Energy is abolished.
				6.Administrative
			 powersThe Administrator
			 shall—
			(1)appoint and fix
			 the compensation of such officers and employees as are necessary to carry out
			 the functions of the Administration;
			(2)make appointments
			 of scientific, engineering, and professional personnel without regard to the
			 civil service laws;
			(3)fix the
			 compensation of the personnel described in paragraph (2) at a rate to be
			 determined by the Administrator;
			(4)acquire,
			 construct, improve, repair, operate, and maintain such laboratories, research
			 and testing sites and facilities, and such other real and personal property or
			 interests in real and personal property, as the Administrator determines to be
			 necessary for the performance of the functions of the Administration;
			(5)enter into and
			 perform such contracts, leases, cooperative agreements, or other transactions
			 as are necessary in the performance of the duties of the Administrator with
			 any—
				(A)agency or
			 instrumentality of the United States;
				(B)State, Territory,
			 or possession;
				(C)political
			 subdivision of any State, Territory, or possession; or
				(D)person, firm,
			 association, corporation, or educational institution;
				(6)(A)with the consent of
			 Federal and other agencies, with or without reimbursement, use the services,
			 equipment, personnel, and facilities of those agencies; and
				(B)cooperate with other public and
			 private agencies and instrumentalities in the use of services, equipment,
			 personnel, and facilities; and
				(7)establish within
			 the Administration such offices and procedures as the Administrator considers
			 appropriate to provide for the greatest possible coordination of the activities
			 of the Administration with related scientific and other activities of other
			 public and private agencies and organizations.
			7.Organizational
			 structure
			(a)Policy Advisory
			 Committee
				(1)EstablishmentThere
			 is established in the Administration a Policy Advisory Committee.
				(2)Membership
					(A)CompositionThe
			 Advisory Committee shall be composed of 12 members, of whom—
						(i)4
			 members shall be representatives of nongovernmental energy efficiency,
			 renewable energy, and environmental protection organizations;
						(ii)4
			 members shall be representatives of—
							(I)industries
			 involved in the generation, transmission, or distribution of energy products,
			 including manufacturers of equipment to generate efficient or renewable energy;
			 or
							(II)the
			 transportation industry; and
							(iii)4
			 members shall be representatives of the scientific and university research
			 community.
						(B)AppointmentThe
			 Speaker of the House of Representatives, the minority leader of the House of
			 Representatives, the majority leader of the Senate, and the minority leader of
			 the Senate shall each appoint 1 member described in clauses (i), (ii), and
			 (iii) of subparagraph (A).
					(3)DutiesThe
			 Advisory Committee shall—
					(A)act as a steering
			 committee for the Administration;
					(B)advise the
			 Administrator on the formulation of a long-term strategy for achieving the
			 mission of the Administration under section 5(b); and
					(C)assist the
			 Administrator in identifying energy-efficient technologies and initiatives
			 that—
						(i)have the
			 potential to increase energy efficiency over the long term; and
						(ii)should be
			 further explored by the Administration.
						(4)StaffThe
			 Advisory Committee may appoint not more than 24 employees to assist in carrying
			 out the duties of the Advisory Committee, of whom—
					(A)8 shall report to
			 the members appointed under paragraph (2)(A)(i);
					(B)8 shall report to
			 the members appointed under paragraph (2)(A)(ii); and
					(C)8 shall report to
			 the members appointed under paragraph (2)(A)(iii).
					(5)FACAThe
			 Federal Advisory Committee Act (5
			 U.S.C. App.) shall apply to the Advisory Committee.
				(b)Office of
			 Administration
				(1)EstablishmentThere
			 is established in the Administration an Office of Administration.
				(2)Assistant
			 Deputy AdministratorThe head of the Office of Administration
			 shall be an Assistant Deputy Administrator for Administration, to be appointed
			 by the Administrator.
				(3)Energy
			 Efficiency Economics Division
					(A)EstablishmentThere
			 is established in the Office of Administration an Energy Efficiency Economics
			 Division.
					(B)StaffThe
			 Energy Efficiency Economics Division shall be composed of economists and
			 individuals with expertise in energy markets, consumer behavior, and the
			 economic impacts of energy policy.
					(C)DutiesThe
			 Energy Efficiency Economics Division shall—
						(i)study the effects
			 of existing and proposed energy-efficient technologies on the economy of the
			 United States, with an emphasis on assessing—
							(I)the impacts of
			 those technologies on consumers; and
							(II)the
			 contributions of those technologies on the economic development of the United
			 States;
							(ii)conduct a study
			 of economic incentives that would assist the Administration in—
							(I)developing
			 energy-efficient technologies; and
							(II)introducing
			 those technologies into the marketplace; and
							(iii)submit to
			 Congress a report on the results of the study conducted under clause
			 (ii).
						(4)Education
			 Division
					(A)EstablishmentThere
			 is established in the Office of Administration an Education Division.
					(B)DutiesThe
			 Education Division shall—
						(i)provide to the
			 public, information concerning—
							(I)how to conserve
			 energy; and
							(II)the importance
			 of conserving energy; and
							(ii)provide to
			 building owners, engineers, contractors, and other businesspeople training in
			 energy-efficient technologies.
						(5)General
			 CounselThere is established in the Office of Administration the
			 position of General Counsel, to be appointed by the Administrator, to serve as
			 the chief legal officer of the Administration.
				(c)Office of
			 Policy, Research, and Development
				(1)EstablishmentThere
			 is established in the Administration an Office of Policy, Research, and
			 Development.
				(2)DutiesThe
			 Office of Policy, Research, and Development shall—
					(A)sponsor, manage,
			 and direct basic and applied research projects, including projects to
			 accelerate the development of energy-efficient technologies from fundamental
			 research to implementation; and
					(B)provide technical
			 guidance to the Administrator.
					(3)Assistant
			 Deputy AdministratorThe head of the Office of Policy, Research,
			 and Development shall be an Assistant Deputy Administrator for Policy,
			 Research, and Development, to be appointed by the Administrator.
				(4)AdministrationIn
			 carrying out this subsection, the Office of Policy, Research, and Development
			 shall consider the potential benefits of—
					(A)a flat
			 organizational structure comprised of project-based teams;
					(B)coordination with
			 the private sector; and
					(C)organizational
			 models used by other Federal agencies conducting advanced research.
					(d)Office of
			 market transformation
				(1)EstablishmentThere
			 is established in the Administration an Office of Market Transformation.
				(2)Assistant
			 Deputy AdministratorThe head of the Office of Market
			 Transformation shall be an Assistant Deputy Administrator for Market
			 Transformation, to be appointed by the Administrator.
				(3)DutiesThe
			 Office of Market Transformation shall facilitate the implementation of new
			 energy-efficient technologies and renewable energy technologies in all sectors
			 of the economy by—
					(A)conducting
			 research—
						(i)to
			 determine each barrier to market transformation; and
						(ii)to
			 develop the means by which to remove each barrier;
						(B)conducting
			 education and marketing campaigns to encourage commercial and retail purchases
			 of new energy-efficient technologies and renewable energy technologies;
					(C)providing to
			 States, tribal governments, and units of local government information on codes
			 and regulations that interfere with or encourage the use of energy-efficient
			 technologies and renewable energy technologies;
					(D)conducting
			 government buy-down programs for energy-efficient technologies and renewable
			 energy technologies;
					(E)providing grants
			 to low-income communities and nonprofit institutions to purchase appropriate
			 energy-efficient technologies and renewable energy technologies;
					(F)providing loan
			 guarantees to qualified companies that are developing energy-efficient
			 technologies and renewable energy technologies; and
					(G)carrying out any
			 other activity or program that the Administrator determines will promote the
			 spread of energy-efficient technologies and renewable energy
			 technologies.
					(4)CoordinationThe
			 Assistant Deputy Administrator for Market Transformation shall ensure, to the
			 maximum extent practicable, that the activities of the Office of Market
			 Transformation are coordinated with—
					(A)the Federal
			 Government and State, tribal, and local governments and agencies; and
					(B)appropriate
			 nongovernmental organizations (including organizations dedicated to market
			 transformation).
					8.Initial
			 technology solicitations
			(a)In
			 generalThe Administrator (acting through the Office of Market
			 Transformation and the Office of Policy, Research, and Development) may, based
			 on the criteria described in subsection (b), initiate the development of
			 technologies for—
				(1)fuel
			 cells;
				(2)fuel-efficient
			 tires;
				(3)construction of a
			 hydrogen infrastructure;
				(4)high-temperature
			 superconducting cable;
				(5)improved
			 switches, resistors, capacitors, software and smart meters for electrical
			 transmission systems;
				(6)combined heat and
			 power;
				(7)microturbines;
				(8)energy-efficient
			 lighting;
				(9)energy efficiency
			 training for building contractors;
				(10)biogas recovery
			 systems;
				(11)integrated
			 gasification combined cycle coal production;
				(12)retrofitting or
			 rehabilitation of existing structures to incorporate energy-efficient
			 technologies;
				(13)efficient
			 microchannel heat exchangers; and
				(14)any other
			 appropriate technologies that need to be developed, as determined by the
			 Administrator.
				(b)CriteriaIn
			 determining which technologies to develop under subsection (a), the
			 Administrator shall consider—
				(1)the current
			 status of development of the technology;
				(2)the potential for
			 widespread use of the technology in commercial markets;
				(3)the time and
			 costs of efforts needed to bring the technology to full implementation;
			 and
				(4)the potential of
			 the technology to contribute to the goals of the Administration.
				(c)ReportAs
			 soon as practicable after the date of enactment of this Act, but not later than
			 1 year after the date of enactment of this Act, the Administrator shall submit
			 to Congress a report that—
				(1)assesses the
			 potential for the technologies described in subsection (a) to contribute to the
			 goals of the Administration; and
				(2)describes the
			 plans of the Administration to develop the technologies under subsection
			 (a).
				9.Reports
			(a)Reports by
			 Administrator
				(1)Activities and
			 accomplishmentsSemiannually and at such other times as the
			 Administrator considers to be appropriate, the Administrator shall submit to
			 the President a report that describes the activities and accomplishments of the
			 Administration.
				(2)Report to
			 CongressAt the time at which the Administrator submits to the
			 President or the Director of the Office of Management and Budget any report
			 relating to any budget information, legislative recommendation, comment on
			 legislation about amounts made available under this Act, or prepared testimony
			 for a congressional hearing, the Administrator shall submit a copy of the
			 information, recommendation, comment, or testimony to each appropriate
			 committee of Congress.
				(b)Reports by
			 PresidentIn January of each year, the President shall submit to
			 Congress a report that includes—
				(1)a description of
			 the activities and accomplishments of all agencies of the United States in the
			 field of energy-efficient technology and renewable energy technology
			 development during the preceding calendar year;
				(2)an evaluation of
			 the activities and accomplishments of the Administrator in attaining the
			 objectives of this Act; and
				(3)such
			 recommendations for additional legislation as the Administrator or the
			 President considers appropriate for the attainment of the objectives described
			 in this Act.
				10.Authorization
			 of appropriationsThere are
			 authorized to be appropriated to carry out this Act—
			(1)$7,500,000,000
			 for fiscal year 2010;
			(2)$9,000,000,000
			 for each of fiscal years 2011 and 2012; and
			(3)$10,000,000,000
			 for each of fiscal years 2013 through 2017.


115 HR 4487 IH: Medical Innovation Act of 2017
U.S. House of Representatives
2017-11-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 4487IN THE HOUSE OF REPRESENTATIVESNovember 29, 2017Mr. Welch (for himself, Ms. Schakowsky, and Ms. Castor of Florida) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo authorize the collection of supplemental payments to increase congressional investments in
			 medical research, and for other purposes.

 1.Short titleThis Act may be cited as the Medical Innovation Act of 2017. 2.Authority to assess and use supplemental payments to increase congressional investments in medical research (a)In generalSection 301 of the Public Health Service Act (42 U.S.C. 241) is amended by adding at the end the following:

					(i)Authority To assess and use supplemental payments To increase congressional investments in medical
			 research
 (1)DefinitionsFor purposes of this subsection: (A)Covered blockbuster drug (i)In generalThe term covered blockbuster drug means any product—
 (I)for which the covered manufacturer reported to the Securities and Exchange Commission on a form, including form 10–K or form 20–F, or is otherwise determined by the Secretary to have received, at least $1,000,000,000 in net sales in the previous calendar year; and
 (II)that was developed, in whole or in part, through Federal Government investments in medical research, as the Secretary determines in accordance with clause (ii).
 (ii)Determination of Federal Government investmentIn determining under clause (i)(II) whether a product was developed, in whole or in part, through Federal Government investments in medical research, the Secretary shall consider whether information included in any patent that claims the covered blockbuster drug or that claims a method of using such covered blockbuster drug and with respect to which a claim of patent infringement could reasonably be asserted if a person not licensed by the owner engaged in the manufacture, use, or sale of the covered blockbuster drug, or any element of the covered blockbuster drug—
 (I)relates to, or is based upon, prior science conducted, in whole or in part, by a person that is or was funded by the Federal Government;
 (II)relates to, acts upon, or is based upon knowledge of a signaling pathway, cellular receptor, ion channel, protein, DNA or RNA sequence or mutation, virus, or any other scientific information discovered, in whole or in part, through research funded by the Federal Government; or
 (III)relates to, or is based upon, through the manufacturing process or testing process of the covered blockbuster drug, technology derived, in whole or in part, through research funded by the Federal Government.
 (B)Covered manufacturerThe term covered manufacturer means a person— (i)that holds an application approved under section 505 of the Federal Food, Drug, and Cosmetic Act or a license under section 351 of this Act for a covered blockbuster drug; or
 (ii)who is a co-licensed partner of the person described in clause (i) that obtains the covered blockbuster drug directly from a person described in this clause or clause (i).
								(C)Covered settlement agreement
 (i)In generalThe term covered settlement agreement means a settlement agreement (including a consent decree), and except as provided under clause (ii)—
 (I)that is between an agency and a covered manufacturer; (II)that relates to—
 (aa)an alleged violation of, or a penalty under, section 1128A of the Social Security Act or section 1128B of the Social Security Act;
 (bb)an alleged violation under subchapter III of chapter 37 of title 31, United States Code (commonly known as the False Claims Act);
 (cc)an alleged violation under the Federal Food, Drug, and Cosmetic Act; or (dd)an alleged violation of any other Federal civil or criminal law; and
 (III)under the terms of which a covered manufacturer is obligated in an amount not less than a total of $1,000,000, including civil or criminal penalties with respect to any parties, including governmental and private entities.
 (ii)Exception for settlements not affecting taxpayers or public healthThe term covered settlement agreement does not include any settlement agreement that the Secretary determines— (I)does not involve an alleged criminal violation; and
 (II)does not to relate to— (aa)allegations of fraud resulting, or potentially resulting, in a loss of taxpayer dollars; or
 (bb)allegations of conduct having an adverse impact, or a potentially adverse impact, on the health of the public.
 (D)PersonThe term person has the meaning given such term in section 201(e) of the Federal Food, Drug, and Cosmetic Act. (E)ProductThe term product means a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351, and subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act.
							(2)Supplemental payments to increase congressional investments in medical research
 (A)Supplemental payment assessment and collectionBeginning with the first fiscal year that begins at least 60 days after the date of enactment of the Medical Innovation Act of 2017, and each subsequent fiscal year, the Secretary shall, in accordance with this paragraph, assess and collect supplemental payments to increase congressional investments in medical research from each covered manufacturer described in subparagraph (B).
 (B)Criteria for assessing paymentsA covered manufacturer that meets both of the following criteria for a calendar year (referred to in this subparagraph and subparagraph (D) as the applicable calendar year) shall be assessed a supplemental payment under subparagraph (A) for the fiscal year beginning in the proceeding calendar year:
 (i)A covered manufacturer that, during the 5-year period immediately preceding the date on which the payment is assessed, but not before the date of enactment of the Medical Innovation Act of 2017, entered into a covered settlement agreement.
 (ii)A covered manufacturer that reported net income of at least $1,000,000,000 to the Securities and Exchange Commission on a form, including form 10–K or form 20–F, or that the Secretary otherwise determines to have had net income of at least $1,000,000,000—
 (I)during the applicable calendar year; or (II)during the calendar year in which the covered manufacturer entered into a covered settlement agreement, as described in clause (i).
									(C)Payment amount
 (i)In generalA covered manufacturer described in subparagraph (B) shall be assessed a supplemental payment to increase congressional investments in medical research for a fiscal year equal to the applicable percentage of the net income of the covered manufacturer, as reported or determined as described in subparagraph (B)(ii), for the previous calendar year, multiplied by the number of covered blockbuster drugs of the covered manufacturer for that year.
 (ii)Applicable percentageFor purposes of determining the amount of a supplemental payment under clause (i), the applicable percentage of the net income of a covered manufacturer is—
 (I)0.75 percent, in the case of a covered settlement agreement under the terms of which the total obligation of a covered manufacturer is in an amount that is less than $500,000,000;
 (II)1 percent, in the case of a covered settlement agreement under the terms of which the total obligation of a covered manufacturer is in an amount that is at least $500,000,000 but less than $1,000,000,000; or
 (III)1.5 percent, in the case of a covered settlement agreement under the terms of which the total obligation of a covered manufacturer is in an amount that is at least $1,000,000,000.
 (D)Annual limitationIn the case of a covered manufacturer that entered into more than 1 covered settlement agreement during an applicable calendar year, such covered manufacturer shall be assessed a supplemental payment under subparagraph (C) only with respect to the covered settlement agreement under which the total amount obligated of the covered manufacturer, as described in paragraph (1)(C)(i)(III), is the highest.
 (E)Publication of paymentsBeginning with the first fiscal year that begins at least 60 days after the date of enactment of the Medical Innovation Act of 2017, and not later than 60 days before the start of each fiscal year, the Secretary shall publish in the Federal Register, with respect to the next fiscal year—
 (i)a list of covered manufacturers subject to the payment under this paragraph; (ii)a list of the covered blockbuster drugs of each such covered manufacturer;
 (iii)the total payment amount assessed to each such covered manufacturer; and (iv)the manner in which payments assessed under this paragraph will be collected.
								(F)Crediting and availability of supplemental payments
 (i)In generalSubject to clause (ii), payments authorized under this paragraph shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Such payments are authorized to remain available until expended.
								(ii)Collections and appropriations Acts
 (I)In generalThe payments authorized by this paragraph— (aa)subject to subclause (II), shall be collected and available in each fiscal year in an amount not to exceed the amount specified in appropriation Acts, or otherwise made available for obligation, for such fiscal year; and
 (bb)shall be available to the Secretary to distribute, as described in paragraph (3). (II)Provision for early paymentsPayments authorized under clause (iii) for a fiscal year, prior to the due date for such payments, may be accepted by the Secretary.
 (iii)Authorization of appropriationsFor the first fiscal year that begins at least 60 days after the date of enactment of the Medical Innovation Act of 2017 and for each subsequent fiscal year, there is authorized to be appropriated for the purpose of making distributions under paragraph (3) to meet the priorities described in paragraph (4), an amount equal to the total amount of supplemental payments assessed for such fiscal year under this paragraph.
 (G)Remitting paymentsA covered manufacturer assessed a supplemental payment under subparagraph (A) shall remit the payment no later than the first business day on or after October 1 of each fiscal year, or the first business day after the date of enactment of an appropriations Act providing for the collection and obligation of supplemental payments for such fiscal year.
 (H)Collection of assessed payments that are not remittedIn any case where the Secretary does not receive a supplemental payment assessed under subparagraph (A) within 30 days after it is due, such supplemental payment shall be treated as a claim of the United States Government subject to subchapter II of chapter 37 of title 31, United States Code.
 (I)Supplement not supplantPayments collected under this paragraph shall be used to supplement and not supplant other Federal funds made available to carry out the priorities described in paragraph (4).
							(3)Distribution of payments to agencies to increase congressional investments in medical research
 (A)Distribution to agenciesSubject to subparagraph (C), for the purposes described in paragraph (4), the Secretary shall distribute the amounts appropriated under paragraph (2)(F)(iii) during a fiscal year to—
 (i)the Food and Drug Administration, to be used in accordance with paragraph (4)(A); and (ii)the National Institutes of Health organized under title IV, to be used in accordance with paragraph (4)(B).
 (B)Distribution ratio between agenciesThe amount that the Secretary distributes to an agency under subparagraph (A) during a fiscal year shall bear the same relation to the total amount appropriated under paragraph (2)(F)(iii) for such fiscal year as the amount of discretionary funds appropriated to such agency for such fiscal year bears to the total amount of discretionary funding appropriated to both agencies listed in subparagraph (A) for such fiscal year.
							(C)Ensuring stable congressional investments in medical research
 (i)In generalSupplemental payments collected in accordance with paragraph (2) shall not be distributed under subparagraph (A) for a fiscal year unless appropriations to both of the agencies listed in such subparagraph for the fiscal year are equal to or greater than appropriations to such agencies for the prior fiscal year.
 (ii)Delayed distributionIf, in accordance with clause (i), the Secretary does not distribute payments collected in accordance with paragraph (2) during any portion of a fiscal year, and, at a later date in such fiscal year, the appropriations to the agencies listed in subparagraph (A) become equal to or greater than the amount of appropriations for the prior fiscal year, the Secretary may distribute such payment at any time in such fiscal year.
 (D)ConsiderationsIn determining amounts appropriated for purposes of subparagraphs (B) and (C)— (i)the Secretary shall not consider any amounts appropriated in accordance with paragraph (2)(F)(iii); and
 (ii)with respect to the Food and Drug Administration, the Secretary shall not consider amounts appropriated in accordance with subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (relating to user fees collected by the Secretary).
 (4)Prioritizing urgent needs in medical researchThe Secretary shall ensure that the payments distributed under paragraph (3) are used to meet urgent needs in medical research, including priorities as follows:
 (A)FDAWith respect the Food and Drug Administration, the priority use of the distributions shall include carrying out the goals of the strategy and implementation plan for advancing regulatory science for medical products under section 1124 of the Food and Drug Administration Safety and Innovation Act (21 U.S.C. 393 note), and other such research activities in order to promote the public health and advance innovation in regulatory decisionmaking, as determined by the Secretary.
 (B)NIHWith respect to the National Institutes of Health, the priority use of the distributions shall include supporting—
 (i)research that fosters radical innovation, including— (I)research on diseases or conditions for which treatments exist but are inadequate;
 (II)research on diseases or conditions for which there are unmet medical needs; (III)research on diseases for which treatments exist but the side effect profiles of such treatments limit the therapeutic potential of such treatments;
 (IV)research on new approaches to treatment or diagnosis of a disease using a drug, device, or therapy that, at the time of distribution, is not used or is underused; or
 (V)research to identify new biomarkers; (ii)research that advances fundamental knowledge and technology even if it does not provide immediate or near-term clinical or therapeutic benefits, including research and technology that advances the understanding of biochemistry, biology, protein science, immunology, genetics, virology, microbiology, or neurology;
 (iii)research related to diseases that disproportionally account for Federal health care spending, including spending under the Medicare program under title XVIII of the Social Security Act, the Medicaid program under title XIX of the Social Security Act, the State Children's Health Insurance Program under title XXI of the Social Security Act, the TRICARE program under chapter 55 of title 10, United States Code, and the hospital services and medical care provided through the Veterans' Administration under chapters 17 and 18 of title 38, United States Code, and tax credits made available through the amendments to the Internal Revenue Code of 1986 made by the Patient Protection and Affordable Care Act (Public Law 111–148), such as research relating to—
 (I)diseases that disproportionally impact older individuals; (II)degenerative diseases, and
 (III)chronic conditions; and (iv)early career scientists by—
 (I)awarding research project grants that support discrete, specified, circumscribed projects to be performed by the investigator in an area representing the specific interests and competencies of such investigator, to investigators—
 (aa)who are within 10 years of completing a terminal research degree; or (bb)who are within 10 years of completing a medical residency;
 (II)awarding grants that support career development experiences that lead to earlier research independence; and
 (III)awarding grants that support innovative training programs that, in addition to scientific training, provide additional training to enhance employment opportunities, including training in management and business, to—
 (aa)graduate students; (bb)post-doctoral fellows;
 (cc)individuals within 10 years of completing a terminal research degree; or (dd)individuals within 10 years of completing a medical residency.
										(5)Annual reports
 (A)Secretary of health and human servicesNot later than 180 calendar days before the end of a fiscal year in which the Secretary has assessed supplemental payments under paragraph (2), the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, which shall include a description of supplemental payments assessed, collected, and distributed under this subsection for such fiscal year, and a list of the covered manufacturers that were assessed supplemental payments and the amount of such assessments.
 (B)FDA and NIHFor each fiscal year in which amounts are distributed under paragraph (3), the Food and Drug Administration and the National Institutes of Health shall report on the use and impact of such amounts in the annual budget submission of such entity..
 (b)Effect of failure To remit paymentSection 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the following:

 (ee)If it is a drug that is a covered blockbuster drug (as defined in section 301(i)(1) of the Public Health Service Act) for which any payment assessed under section 301(i)(2) of such Act has not been paid in accordance with such section, until such payment is made..


116 HR 3956 IH: Stop Online Booking Scams Act of 2019
U.S. House of Representatives
2019-07-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3956IN THE HOUSE OF REPRESENTATIVESJuly 24, 2019Mr. Welch (for himself, Mr. Bilirakis, and Ms. Frankel) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo protect consumers from deceptive practices with respect to online booking of hotel reservations,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Stop Online Booking Scams Act of 2019. 2.DefinitionsIn this Act:
 (1)Affiliation contractThe term affiliation contract means, with respect to a hotel, a contract with the owner of the hotel, the entity that manages the hotel, or the franchisor of the hotel to provide online hotel reservation services for the hotel.
 (2)CommissionThe term Commission means the Federal Trade Commission. (3)Exhibition organizer or meeting plannerThe term exhibition organizer or meeting planner means the person responsible for all aspects of planning, promoting, and producing a meeting, conference, event, or exhibition, including overseeing and arranging all hotel reservation plans and contracts for the meeting, conference, event, or exhibition.
 (4)Official housing bureauThe term official housing bureau means the organization designated by an exhibition organizer or meeting planner to provide hotel reservation services for meetings, conferences, events, or exhibitions.
 (5)Party directly affiliatedThe term party directly affiliated means, with respect to a hotel, a person who has entered into an affiliation contract with the hotel.
 (6)Third party online hotel reservation sellerThe term third party online hotel reservation seller means any person that— (A)sells any good or service with respect to a hotel in a transaction effected on the internet; and
 (B)is not— (i)a party directly affiliated with the hotel; or
 (ii)an exhibition organizer or meeting planner or the official housing bureau for a meeting, conference, event, or exhibition held at the hotel.
					3.Requirements for third party online hotel reservation sellers
 (a)RequirementIt shall be unlawful for a third party online hotel reservation seller to advertise, market, or promote the sale of a hotel room reservation or charge or attempt to charge any consumer's credit card, debit card, bank account, or other financial account for any good or service sold in a transaction effected on the internet, if the third party online hotel reservation seller states or implies that it is, or is affiliated with, the person who owns the hotel or provides the hotel services or accommodations.
			(b)Enforcement by Commission
 (1)Unfair or deceptive acts or practicesA violation of subsection (a) by a person subject to such subsection shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
				(2)Powers of Commission
 (A)In generalThe Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
 (B)Privileges and immunitiesAny person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
					(C)Rulemaking
 (i)In generalThe Commission may promulgate such rules as the Commission considers appropriate to enforce this section.
 (ii)ProceduresThe Commission shall carry out any rulemaking under clause (i) in accordance with section 553 of title 5, United States Code.
						(c)Enforcement by States
 (1)In generalIn any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by the engagement of any person subject to subsection (a) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief.
				(2)Rights of federal trade commission
					(A)Notice to federal trade commission
 (i)In generalExcept as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating any civil action against a person subject to subsection (a).
 (ii)ContentsThe notification required under clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action.
 (iii)ExceptionIf it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action.
 (B)Intervention by federal trade commissionThe Commission may— (i)intervene in any civil action brought by the attorney general of a State under paragraph (1); and
 (ii)upon intervening— (I)be heard on all matters arising in the civil action; and
 (II)file petitions for appeal of a decision in the civil action. (3)Investigatory powersNothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State—
 (A)to conduct investigations; (B)to administer oaths or affirmations; or
 (C)to compel the attendance of witnesses or the production of documentary or other evidence. (4)State coordination with federal trade commissionIf the Commission institutes a civil action or an administrative action with respect to a violation of subsection (a), the attorney general of a State shall coordinate with the Commission before bringing a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action.
				(5)Venue; service of process
 (A)VenueAny action brought under paragraph (1) may be brought in— (i)the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or
 (ii)another court of competent jurisdiction. (B)Service of processIn an action brought under paragraph (1), process may be served in any district in which the defendant—
 (i)is an inhabitant; or (ii)may be found.
						(6)Actions by other state officials
 (A)In generalIn addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general.
 (B)Savings provisionNothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.