		II
		Calendar No. 1001
		110th CONGRESS
		2d Session
		S. 3089
		IN THE SENATE OF THE UNITED STATES

			June 5, 2008
			Mr. Wyden (for himself
			 and Mr. Smith) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			September 16, 2008
			Reported by Mr.
			 Bingaman, with an amendment
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To designate certain land in the State of Oregon as
		  wilderness, to provide for the exchange of certain Federal land and non-Federal
		  land, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Spring Basin Wilderness Act of
			 2008.
		2.DefinitionsIn this Act:
			(1)Family
			 trustThe term family trust means the Bowerman
			 Family Trust, which is the owner of the land described in section
			 4(d)(2)(A).
			(2)KeysThe
			 term Keys means Bob Keys, a resident of Portland, Oregon.
			(3)McGreerThe
			 term McGreer means H. Kelly McGreer, a resident of Antelope,
			 Oregon.
			(4)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(5)StateThe
			 term State means the State of Oregon.
			(6)TribesThe
			 term Tribes means the Confederated Tribes of the Warm Springs
			 Indian Reservation, with offices in Warm Springs, Oregon.
			(7)Wilderness
			 mapThe term wilderness map means the map entitled
			 Spring Basin Study Area with Exchange Proposals and dated May
			 22, 2008.
			3.Spring basin
			 wilderness
			(a)DesignationIn
			 accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately
			 8,661 acres of Bureau of Land Management land in the State, as depicted on the
			 wilderness map, is designated as wilderness and as a component of the National
			 Wilderness Preservation System, to be known as the Spring Basin
			 Wilderness.
			(b)Administration
			 of wilderness
				(1)In
			 generalSubject to valid existing rights, the Wilderness shall be
			 administered by the Secretary in accordance with the Wilderness Act (16 U.S.C.
			 1131 et seq.), except that—
					(A)any reference in
			 the Wilderness Act to the effective date of the Wilderness Act shall be
			 considered to be a reference to the date of enactment of this Act; and
					(B)any reference in
			 that Act to the Secretary of Agriculture shall be considered to be a reference
			 to the Secretary of the Interior.
					(2)Incorporation of
			 acquired land and interestsAny land or interest in land within
			 the boundary of the Wilderness that is acquired by the United States
			 shall—
					(A)become part of the
			 Wilderness; and
					(B)be managed in
			 accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and any
			 other applicable law.
					(3)GrazingThe
			 grazing of domestic livestock in the Wilderness shall be administered in
			 accordance with—
					(A)section 4(d)(4) of
			 the Wilderness Act (16 U.S.C. 1133(d)(4));
					(B)the guidelines set
			 forth in the report of the Committee on Interior and Insular Affairs of the
			 House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept.
			 96–617); and
					(C)the guidelines set
			 forth in Appendix A of the report of the Committee on Interior and Insular
			 Affairs of the House of Representatives accompanying H.R. 2570 of the 101st
			 Congress (H. Rept. 101–405).
					(4)Access to
			 non-Federal landIn accordance with the Wilderness Act (16 U.S.C.
			 1131 et seq.), the Secretary shall provide reasonable access to non-Federal
			 land within the boundaries of the Wilderness.
				(5)State water
			 lawsNothing in this section constitutes an exemption from State
			 water laws (including regulations).
				(6)Tribal
			 rightsNothing in this section—
					(A)affects, alters,
			 amends, repeals, interprets, extinguishes, modifies, or is in conflict
			 with—
						(i)the treaty rights
			 of an Indian tribe, including the rights secured by the Treaty of June 25,
			 1855, between the United States and the Tribes and Bands of Middle Oregon (12
			 Stat. 963); or
						(ii)any other rights
			 of an Indian tribe; or
						(B)prevents,
			 prohibits, terminates, or abridges the exercise of treaty-reserved rights,
			 including the rights secured by the Treaty of June 25, 1855, between the United
			 States and the Tribes and Bands of Middle Oregon (12 Stat. 963)—
						(i)within the
			 boundaries of the Wilderness; or
						(ii)on land acquired
			 by the United States under this Act.
						4.Land
			 exchanges
			(a)Confederated
			 Tribes of the Warm Springs Indian Reservation land exchange
				(1)Conveyance of
			 landIf the Tribes offer to convey to the United States all
			 right, title, and interest of the Tribes in and to the non-Federal land
			 described in paragraph (2)(A), the Secretary shall—
					(A)accept the offer;
			 and
					(B)on receipt of
			 acceptable title to the non-Federal land and subject to valid existing rights,
			 convey to the Tribes all right, title, and interest of the United States in and
			 to the Federal land described in paragraph (2)(B).
					(2)Description of
			 land
					(A)Non-Federal
			 landThe non-Federal land referred to in paragraph (1) is the
			 approximately 3,635 acres of non-Federal land identified on the wilderness map
			 as Lands proposed for transfer from the CTWSIR to the Federal
			 Government.
					(B)Federal
			 landThe Federal land referred to in paragraph (1)(B) is the
			 approximately 3,653 acres of Federal land identified on the wilderness map as
			 Lands proposed for transfer from the Federal Government to
			 CTWSIR.
					(3)SurveysThe
			 exact acreage and legal description of the Federal land and non-Federal land
			 described in paragraph (2) shall be determined by surveys approved by the
			 Secretary.
				(b)McGreer land
			 exchange
				(1)Conveyance of
			 landIf McGreer offers to convey to the United States all right,
			 title, and interest of McGreer in and to the non-Federal land described in
			 paragraph (2)(A), the Secretary shall—
					(A)accept the offer;
			 and
					(B)on receipt of
			 acceptable title to the non-Federal land and subject to valid existing rights,
			 convey to McGreer all right, title, and interest of the United States in and to
			 the Federal land described in paragraph (2)(B).
					(2)Description of
			 land
					(A)Non-Federal
			 landThe non-Federal land referred to in paragraph (1) is the
			 approximately 18 acres of non-Federal land identified on the wilderness map as
			 Lands proposed for transfer from McGreer to the Federal
			 Government.
					(B)Federal
			 landThe Federal land referred to in paragraph (1)(B) is the
			 approximately 325 acres of Federal land identified on the wilderness map as
			 Lands proposed for transfer from the Federal Government to
			 McGreer.
					(3)SurveysThe
			 exact acreage and legal description of the Federal land and non-Federal land
			 described in paragraph (2) shall be determined by surveys approved by the
			 Secretary.
				(c)Keys land
			 exchange
				(1)Conveyance of
			 landIf Keys offers to convey to the United States all right,
			 title, and interest of Keys in and to the non-Federal land described in
			 paragraph (2)(A), the Secretary shall—
					(A)accept the offer;
			 and
					(B)on receipt of
			 acceptable title to the non-Federal land and subject to valid existing rights,
			 convey to Keys all right, title, and interest of the United States in and to
			 the Federal land described in paragraph (2)(B).
					(2)Description of
			 land
					(A)Non-Federal
			 landThe non-Federal land referred to in paragraph (1) is the
			 approximately 181 acres of non-Federal land identified on the wilderness map as
			 Lands proposed for transfer from Keys to the Federal
			 Government.
					(B)Federal
			 landThe Federal land referred to in paragraph (1)(B) is the
			 approximately 183 acres of Federal land identified on the wilderness map as
			 Lands proposed for transfer from the Federal Government to
			 Keys.
					(3)SurveysThe
			 exact acreage and legal description of the Federal land and non-Federal land
			 described in paragraph (2) shall be determined by surveys approved by the
			 Secretary.
				(d)Bowerman land
			 exchange
				(1)Conveyance of
			 landIf the family trust offers to convey to the United States
			 all right, title, and interest of the family trust in and to the non-Federal
			 land described in paragraph (2)(A), the Secretary shall—
					(A)accept the offer;
			 and
					(B)on receipt of
			 acceptable title to the non-Federal land and subject to valid existing rights,
			 convey to the family trust all right, title, and interest of the United States
			 in and to the Federal land described in paragraph (2)(B).
					(2)Description of
			 land
					(A)Non-Federal
			 landThe non-Federal land referred to in paragraph (1) is the
			 approximately 34 acres of non-Federal land identified on the wilderness map as
			 Lands proposed for transfer from Bowerman to the Federal
			 Government.
					(B)Federal
			 landThe Federal land referred to in paragraph (1)(B) is the
			 approximately 24 acres of Federal land identified on the wilderness map as
			 Lands proposed for transfer from the Federal Government to
			 Bowerman.
					(3)SurveysThe
			 exact acreage and legal description of the Federal land and non-Federal land
			 described in paragraph (2) shall be determined by surveys approved by the
			 Secretary.
				(e)Applicable
			 lawExcept as otherwise provided in this section, the Secretary
			 shall carry out the land exchanges under this section in accordance with
			 section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
			 1716).
			(f)Valuation,
			 Appraisals, and Equalization
				(1)In
			 generalThe value of the Federal land and the non-Federal land to
			 be conveyed in a land exchange under this section—
					(A)shall be equal, as
			 determined by appraisals conducted in accordance with paragraph (2); or
					(B)if not equal,
			 shall be equalized in accordance with paragraph (3).
					(2)Appraisals
					(A)In
			 generalThe Federal land and the non-Federal land to be exchanged
			 under this section shall be appraised by an independent, qualified appraiser
			 that is agreed to by the Secretary and the owner of the non-Federal land to be
			 exchanged.
					(B)RequirementsAn
			 appraisal under subparagraph (A) shall be conducted in accordance with—
						(i)the Uniform
			 Appraisal Standards for Federal Land Acquisition; and
						(ii)the Uniform
			 Standards of Professional Appraisal Practice.
						(3)Equalization
					(A)In
			 generalIf the value of the Federal land and the non-Federal land
			 to be conveyed in a land exchange under this section is not equal, the value
			 may be equalized by—
						(i)the Secretary
			 making a cash equalization payment to the owner of the non-Federal land;
						(ii)the owner of the
			 non-Federal land making a cash equalization payment to the Secretary; or
						(iii)reducing the
			 acreage of the Federal land or the non-Federal land to be exchanged, as
			 appropriate.
						(B)Cash
			 equalization paymentsAny cash equalization payments received by
			 the Secretary under subparagraph (A)(ii) shall be—
						(i)deposited in the
			 Federal Land Disposal Account established by section 206(a) of the Federal Land
			 Transaction Facilitation Act (43 U.S.C. 2305(a)); and
						(ii)used in
			 accordance with that Act.
						(g)Conditions of
			 Exchange
				(1)In
			 generalAs a condition of the conveyance of Federal land and
			 non-Federal land under this section, the Federal Government and the owner of
			 the non-Federal land shall equally share all costs relating to the land
			 exchange, including the costs of appraisals, surveys, and any necessary
			 environmental clearances.
				(2)Valid existing
			 rightsThe exchange of Federal land and non-Federal land under
			 this section shall be subject to any easements, rights-of-way, or other valid
			 encumbrances in existence on the date of enactment of this Act.
				(h)Deadline for
			 completion of land exchangeIt is the intent of Congress that the
			 land exchanges under this section shall be completed not later than 16 months
			 after the date of enactment of this Act.

		1.Short titleThis Act may be cited as the
			 Spring Basin Wilderness Act of
			 2008.
		2.DefinitionsIn this Act:
			(1)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(2)StateThe
			 term State means the State of Oregon.
			(3)TribesThe
			 term Tribes means the Confederated Tribes of the Warm Springs
			 Reservation of Oregon.
			(4)Wilderness
			 mapThe term wilderness map means the map entitled
			 Spring Basin Wilderness with Land Exchange Proposals and dated
			 September 3, 2008.
			3.Spring Basin
			 Wilderness
			(a)DesignationIn
			 accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately
			 6,382 acres of Bureau of Land Management land in the State, as generally
			 depicted on the wilderness map, is designated as wilderness and as a component
			 of the National Wilderness Preservation System, to be known as the
			 Spring Basin Wilderness.
			(b)Administration of
			 wilderness
				(1)In
			 generalSubject to valid existing rights, the Spring Basin
			 Wilderness shall be administered by the Secretary in accordance with the
			 Wilderness Act (16 U.S.C. 1131 et seq.), except that—
					(A)any reference in the
			 Wilderness Act to the effective date of that Act shall be considered to be a
			 reference to the date of enactment of this Act; and
					(B)any reference in the
			 Wilderness Act to the Secretary of Agriculture shall be considered to be a
			 reference to the Secretary of the Interior.
					(2)Incorporation of
			 acquired land and interestsAny land or interest in land within
			 the boundary of the Spring Basin Wilderness that is acquired by the United
			 States shall—
					(A)become part of the Spring
			 Basin Wilderness; and
					(B)be managed in accordance
			 with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other
			 applicable law.
					(3)GrazingThe
			 grazing of livestock in the Spring Basin Wilderness, if established before the
			 date of enactment of this Act, shall be permitted to continue subject to such
			 reasonable regulations as are considered necessary by the Secretary, in
			 accordance with—
					(A)section 4(d)(4) of the
			 Wilderness Act (16 U.S.C. 1133(d)(4)); and
					(B)the guidelines set forth
			 in Appendix A of the report of the Committee on Interior and Insular Affairs of
			 the House of Representatives accompanying H.R. 2570 of the 101st Congress (H.
			 Rept. 101–405).
					(c)Map and legal
			 description
				(1)In
			 generalAs soon as practicable after the date of enactment of
			 this Act, the Secretary shall file a map and a legal description of the Spring
			 Basin Wilderness with—
					(A)the Committee on Energy
			 and Natural Resources of the Senate; and
					(B)the Committee on Natural
			 Resources of the House of Representatives.
					(2)Force of
			 lawThe map and legal description filed under paragraph (1) shall
			 have the same force and effect as if included in this Act, except that the
			 Secretary may correct any typographical errors in the map and legal
			 description.
				(3)Public
			 availabilityThe map and legal description filed under paragraph
			 (1) shall be on file and available for public inspection in the appropriate
			 offices of the Bureau of Land Management.
				4.Release
			(a)FindingCongress
			 finds that, for the purposes of section 603(c) of the Federal Land Policy and
			 Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the Spring Basin
			 wilderness study area that are not designated by section 3(a) as the Spring
			 Basin Wilderness in the following areas have been adequately studied for
			 wilderness designation:
				(1)T. 8 S., R. 19 E., sec.
			 10, NE ¼, W ½.
				(2)T. 8 S., R.19 E., sec.
			 25, SE ¼, SE ¼.
				(3)T. 8 S., R. 20 E., sec.
			 19, SE ¼, S ½ of the S ½.
				(b)ReleaseAny
			 public land described in subsection (a) that is not designated as wilderness by
			 this Act—
				(1)is no longer subject to
			 section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
			 1782(c)); and
				(2)shall be managed in
			 accordance with the applicable land use plan adopted under section 202 of that
			 Act (43 U.S.C. 1712).
				5.Land exchanges
			(a)Confederated Tribes of
			 the Warm Springs Reservation land exchange
				(1)Conveyance of
			 landSubject to subsections (e) through (g), if the Tribes offer
			 to convey to the United States all right, title, and interest of the Tribes in
			 and to the non-Federal land described in paragraph (2)(A), the Secretary
			 shall—
					(A)accept the offer;
			 and
					(B)on receipt of acceptable
			 title to the non-Federal land, convey to the Tribes all right, title, and
			 interest of the United States in and to the Federal land described in paragraph
			 (2)(B).
					(2)Description of
			 land
					(A)Non-Federal
			 landThe non-Federal land referred to in paragraph (1) is the
			 approximately 4,480 acres of non-Federal land identified on the wilderness map
			 as Lands proposed for transfer from the CTWSIR to the Federal
			 Government.
					(B)Federal
			 landThe Federal land referred to in paragraph (1)(B) is the
			 approximately 4,578 acres of Federal land identified on the wilderness map as
			 Lands proposed for transfer from the Federal Government to
			 CTWSIR.
					(3)SurveysThe
			 exact acreage and legal description of the Federal land and non-Federal land
			 described in paragraph (2) shall be determined by surveys approved by the
			 Secretary.
				(4)WithdrawalSubject
			 to valid existing rights, the land acquired by the Secretary under this
			 subsection is withdrawn from all forms of—
					(A)entry, appropriation, or
			 disposal under the public land laws;
					(B)location, entry, and
			 patent under the mining laws; and
					(C)disposition under any law
			 relating to mineral and geothermal leasing or mineral materials.
					(b)McGreer land
			 exchange
				(1)Conveyance of
			 landSubject to subsections (e) through (g), if the landowner
			 offers to convey to the United States all right, title, and interest of the
			 landowner in and to the non-Federal land described in paragraph (2)(A), the
			 Secretary shall—
					(A)accept the offer;
			 and
					(B)on receipt of acceptable
			 title to the non-Federal land, convey to the landowner all right, title, and
			 interest of the United States in and to the Federal land described in paragraph
			 (2)(B).
					(2)Description of
			 land
					(A)Non-Federal
			 landThe non-Federal land referred to in paragraph (1) is the
			 approximately 18 acres of non-Federal land identified on the wilderness map as
			 Lands proposed for transfer from McGreer to the Federal
			 Government.
					(B)Federal
			 landThe Federal land referred to in paragraph (1)(B) is the
			 approximately 327 acres of Federal land identified on the wilderness map as
			 Lands proposed for transfer from the Federal Government to
			 McGreer.
					(3)SurveysThe
			 exact acreage and legal description of the Federal land and non-Federal land
			 described in paragraph (2) shall be determined by surveys approved by the
			 Secretary.
				(c)Keys land
			 exchange
				(1)Conveyance of
			 landSubject to subsections (e) through (g), if the landowner
			 offers to convey to the United States all right, title, and interest of the
			 landowner in and to the non-Federal land described in paragraph (2)(A), the
			 Secretary shall—
					(A)accept the offer;
			 and
					(B)on receipt of acceptable
			 title to the non-Federal land, convey to the landowner all right, title, and
			 interest of the United States in and to the Federal land described in paragraph
			 (2)(B).
					(2)Description of
			 land
					(A)Non-Federal
			 landThe non-Federal land referred to in paragraph (1) is the
			 approximately 180 acres of non-Federal land identified on the wilderness map as
			 Lands proposed for transfer from Keys to the Federal
			 Government.
					(B)Federal
			 landThe Federal land referred to in paragraph (1)(B) is the
			 approximately 187 acres of Federal land identified on the wilderness map as
			 Lands proposed for transfer from the Federal Government to
			 Keys.
					(3)SurveysThe
			 exact acreage and legal description of the Federal land and non-Federal land
			 described in paragraph (2) shall be determined by surveys approved by the
			 Secretary.
				(d)Bowerman land
			 exchange
				(1)Conveyance of
			 landSubject to subsections (e) through (g), if the landowner
			 offers to convey to the United States all right, title, and interest of the
			 landowner in and to the non-Federal land described in paragraph (2)(A), the
			 Secretary shall—
					(A)accept the offer;
			 and
					(B)on receipt of acceptable
			 title to the non-Federal land, convey to the landowner all right, title, and
			 interest of the United States in and to the Federal land described in paragraph
			 (2)(B).
					(2)Description of
			 land
					(A)Non-Federal
			 landThe non-Federal land referred to in paragraph (1) is the
			 approximately 32 acres of non-Federal land identified on the wilderness map as
			 Lands proposed for transfer from Bowerman to the Federal
			 Government.
					(B)Federal
			 landThe Federal land referred to in paragraph (1)(B) is the
			 approximately 24 acres of Federal land identified on the wilderness map as
			 Lands proposed for transfer from the Federal Government to
			 Bowerman.
					(3)SurveysThe
			 exact acreage and legal description of the Federal land and non-Federal land
			 described in paragraph (2) shall be determined by surveys approved by the
			 Secretary.
				(e)Applicable
			 lawExcept as otherwise provided in this section, the Secretary
			 shall carry out the land exchanges under this section in accordance with
			 section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
			 1716).
			(f)Valuation, Appraisals,
			 and Equalization
				(1)In
			 generalThe value of the Federal land and the non-Federal land to
			 be conveyed in a land exchange under this section—
					(A)shall be equal, as
			 determined by appraisals conducted in accordance with paragraph (2); or
					(B)if not equal, shall be
			 equalized in accordance with paragraph (3).
					(2)Appraisals
					(A)In
			 generalThe Federal land and the non-Federal land to be exchanged
			 under this section shall be appraised by an independent, qualified appraiser
			 that is agreed to by the Secretary and the owner of the non-Federal land to be
			 exchanged.
					(B)RequirementsAn
			 appraisal under subparagraph (A) shall be conducted in accordance with—
						(i)the Uniform Appraisal
			 Standards for Federal Land Acquisitions; and
						(ii)the Uniform Standards of
			 Professional Appraisal Practice.
						(3)Equalization
					(A)In
			 generalIf the value of the Federal land and the non-Federal land
			 to be conveyed in a land exchange under this section is not equal, the value
			 may be equalized by—
						(i)making a cash
			 equalization payment to the Secretary or to the owner of the non-Federal land,
			 as appropriate, in accordance with section 206(b) of the Federal Land Policy
			 and Management Act of 1976 (43 U.S.C. 1716(b)); or
						(ii)reducing the acreage of
			 the Federal land or the non-Federal land to be exchanged, as
			 appropriate.
						(B)Cash equalization
			 paymentsAny cash equalization payments received by the Secretary
			 under subparagraph (A)(i) shall be—
						(i)deposited in the Federal
			 Land Disposal Account established by section 206(a) of the Federal Land
			 Transaction Facilitation Act (43 U.S.C. 2305(a)); and
						(ii)used in accordance with
			 that Act.
						(g)Conditions of
			 Exchange
				(1)In
			 generalThe land exchanges under this section shall be subject to
			 such terms and conditions as the Secretary may require.
				(2)CostsAs
			 a condition of a conveyance of Federal land and non-Federal land under this
			 section, the Federal Government and the owner of the non-Federal land shall
			 equally share all costs relating to the land exchange, including the costs of
			 appraisals, surveys, and any necessary environmental clearances.
				(3)Valid existing
			 rightsThe exchange of Federal land and non-Federal land under
			 this section shall be subject to any easements, rights-of-way, and other valid
			 rights in existence on the date of enactment of this Act.
				(h)Completion of land
			 exchangeIt is the intent of Congress that the land exchanges
			 under this section shall be completed not later than 2 years after the date of
			 enactment of this Act.
			6.Protection of tribal
			 treaty rightsNothing in this
			 Act alters, modifies, enlarges, diminishes, or abrogates the treaty rights of
			 any Indian tribe, including the off-reservation reserved rights secured by the
			 Treaty with the Tribes and Bands of Middle Oregon of June 25, 1855 (12 Stat.
			 963).

		September 16, 2008
		Reported with an amendment


		I
		112th CONGRESS
		1st Session
		H. R. 1398
		IN THE HOUSE OF REPRESENTATIVES

			April 6, 2011
			Mr. Graves of
			 Missouri (for himself and Mr.
			 Kind) introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend title XVIII of the Social Security Act to treat
		  certain provider taxes as allowable costs for purposes of Medicare
		  reimbursements to critical access hospitals.

		1.Short titleThis Act may be cited as the Rural
			 Hospital Protection Act.
		2.Certain provider
			 taxes treated as allowable costs for purposes of Medicare CAH
			 reimbursementsSection
			 1861(v)(1) of the Social Security Act (42 U.S.C. 1395x(v)) is amended by adding
			 at the end the following new subparagraph:

				(W)In determining
				such reasonable costs for critical access hospitals with respect to cost
				reporting periods beginning on or after January 1, 2004, the Secretary shall
				include as allowable costs any health care related taxes, as defined in section
				1903(w)(3). In computing the reasonable costs with respect to such health care
				related taxes for purposes of the previous sentence, the Secretary shall not
				offset against the amount of the tax assessments paid by a critical access
				hospital any amounts that the critical access hospital receives from a State if
				the Secretary has not determined that there is in effect a hold harmless
				provision, as described in section 1903(w)(4), with respect to the health care
				related
				tax.
				.


		I
		112th CONGRESS
		2d Session
		H. R. 3872
		IN THE HOUSE OF REPRESENTATIVES

			February 1, 2012
			Mr. Daniel E. Lungren of
			 California introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To provide a prize to the first manufacturer of
		  highly-efficient mid-sized automobiles powered by gasoline.

		1.Short titleThis Act may be cited as the
			 Excellence in Energy Efficiency Act of
			 2012 or the E Prize Act of
			 2012.
		2.Prize to first
			 manufacturer of highly-efficient mid-sized automobiles powered by
			 gasolineThe Secretary of
			 Energy shall establish a program to award a prize in the amount of
			 $1,000,000,000 to the first automobile manufacturer incorporated in the United
			 States to manufacture and sell in the United States 60,000 mid-sized sedan
			 automobiles which operate on gasoline and can travel 100 miles per
			 gallon.


 HR 4877 ENR: To designate the facility of the United States Postal Service located at 3130 Grants Lake Boulevard in Sugar Land, Texas, as the “LCpl Garrett W. Gamble, USMC Post Office Building”.
U.S. House of Representatives

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

I
One Hundred Fourteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Monday, the fourth day of January, two thousand and sixteen
H. R. 4877

AN ACT
To designate the facility of the United States Postal Service located at 3130 Grants Lake Boulevard in Sugar Land, Texas, as the LCpl Garrett W. Gamble, USMC Post Office Building.

1. LCpl Garrett W. Gamble, USMC Post Office Building
(a)DesignationThe facility of the United States Postal Service located at 3130 Grants Lake Boulevard in Sugar Land, Texas, shall be known and designated as the LCpl Garrett W. Gamble, USMC Post Office Building.  (b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the LCpl Garrett W. Gamble, USMC Post Office Building.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


117 HR 4008 IH: Increasing Rural Telehealth Access Act of 2021
U.S. House of Representatives
2021-06-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 4008IN THE HOUSE OF REPRESENTATIVESJune 17, 2021Mr. Newhouse (for himself and Mr. O'Halleran) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Public Health Service Act to provide for the establishment of a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas, and for other purposes.1.Short titleThis Act may be cited as the Increasing Rural Telehealth Access Act of 2021. 2.Increasing rural telehealth access(a)DefinitionsSubsection (a) of section 330I of the Public Health Service Act (42 U.S.C. 254c–14) is amended—(1)by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and(2)by inserting after paragraph (5), the following:(6)Remote patient monitoring technologyThe term remote patient monitoring technology means digital technologies used to collect medical and other forms of health data from individuals in one location and electronically transmit such data securely to health care providers in a different location for assessment, recommendations, and interventions..(b)ProgramsSubsection (b) of section 330I of the Public Health Service Act (42 U.S.C. 254c–14) is amended—(1)by striking The Secretary shall establish, under section 301 and inserting the following:(1)In generalThe Secretary shall establish, under section 301; and(2)by adding at the end the following new paragraph:(2)Virtual health pilot programThe Secretary shall establish a virtual health pilot program to facilitate utilization of remote patient monitoring technology to maintain or expand access to health care services for individuals in rural areas..(c)GrantsSubsection (d) of section 330I of the Public Health Service Act (42 U.S.C. 254c–14) is amended by adding at the end the following new paragraph:(3)Virtual health network pilot program grantsThe Director shall, in carrying out the virtual health pilot program referred to in subsection (b)(2), award grants to eligible entities to facilitate utilization of remote patient monitoring technology in rural areas to—(A)maintain or expand access to, and coordinate health care services for, individuals with chronic conditions;(B)improve and expand the training of health care providers using remote patient monitoring technology; and(C)minimize challenges facing health care providers and health care facilities, including rural health clinics, community health centers, community behavioral health centers, long-term care facilities, and rural hospitals, as such providers and facilities serve their communities..(d)Grant periodsSubsection (e) of section 330I of the Public Health Service Act (42 U.S.C. 254c–14) is amended—(1)by striking The Director may award grants under this section and inserting the following:(1)Telehealth network and telehealth research center grantsThe Director may award grants under paragraphs (1) and (2) of subsection (d); and(2)by adding at the end the following new paragraph:(2)Virtual health network pilot program grantsThe Director shall—(A)not later than 30 days after the date of enactment of Increasing Rural Telehealth Access Act of 2021, issue a notice of the availability of funding through grants under subsection (d)(3); and(B)not later than 90 days after the date of issuance of the notice required by subparagraph (A), award all grants under subsection (d)(3)..(e)Eligible entitiesSubsection (f) of section 330I of the Public Health Service Act (42 U.S.C. 254c–14) is amended by adding at the end the following:(4)Virtual health network pilot program grantsTo be eligible to receive a grant under subsection (d)(3), an entity shall—(A)meet the requirements of paragraphs (1), (2), and (3) of this subsection that apply to an entity seeking a grant under subsection (d)(1);(B)be located in a rural area; and(C)demonstrate that the entity will provide services using remote patient monitoring technology that is—(i)cellular enabled;(ii)approved, cleared, or authorized by the Food and Drug Administration; and(iii)operable using cellular standards, including 2G and 3G, that offer broad network coverage in rural areas without broadband access, as determined by the Secretary..(f)ApplicationsSubsection (g) of section 330I of the Public Health Service Act (42 U.S.C. 254c–14) is amended—(1)by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and moving the margin of each such redesignated subparagraph 2 ems to the right;(2)by striking To be eligible to receive a grant under subsection (d) and inserting the following:(1)Telehealth network and telehealth research center grantsTo be eligible to receive a grant under paragraph (1) or (2) of subsection (d); and(3)by adding at the end the following new paragraph:(2)Virtual health network pilot program grantsTo be eligible to receive a grant under subsection (d)(3), an eligible entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require and include in such application—(A)a description of the project that the eligible entity will carry out using the funds provided under the grant;(B)a description of the manner in which the project funded under the grant will meet the health care needs of rural or other populations to be served through the project, or maintain or improve access to services of, and the quality of the services received by, those populations;(C)information on the source and amount of non-Federal funds that the entity will provide for the project; and(D)evidence of intent to provide services using remote patient monitoring technology as described in subsection (f)(4)(C)..(g)PreferencesSubsection (h) of section 330I of the Public Health Service Act (42 U.S.C. 254c–14) is amended by adding at the end the following new paragraph:(3)Virtual health network pilot program grantsIn awarding grants under subsection (d)(3), the Secretary shall give preference to any eligible entity that—(A)is able to establish a virtual health program using remote patient monitoring technology within 60 days of receipt of the award; and(B)proposes to use Federal funds made available through such a grant to establish and furnish services using remote patient monitoring technology that provides real time, continuous coaching services..(h)Use of fundsSubsection (j) of section 330I of the Public Health Service Act (42 U.S.C. 254c–14) is amended by adding at the end the following new paragraph:(3)Virtual health network pilot program grantsThe recipient of a grant under subsection (d)(3) may use funds received through such grant for salaries, equipment, and operating or other costs for—(A)developing and delivering services using remote patient monitoring technology that enhance access to community-based health care services in rural areas;(B)developing and acquiring, through lease or purchase, computer hardware and software, audio and video equipment, computer network equipment, interactive equipment, data terminal equipment, and other equipment that furthers the objectives of the virtual health pilot program;(C)(i)providing for transmission of medical data, and maintenance of equipment; and(ii)providing for compensation (including travel expenses) of specialists, and referring health care providers, who are providing virtual health services through remote patient monitoring technology if no third-party payment is available; (D)collecting and analyzing usage statistics and data to document the cost-effectiveness of services using remote patient monitoring technology; and(E)carrying out such other activities as are consistent with achieving the objectives of the virtual health pilot program, as determined by the Secretary..(i)FundingSubsection (q) of section 330I of the Public Health Service Act (42 U.S.C. 254c–14) is amended—(1)in the subsection heading, by striking Authorization of appropriations and inserting Funding; (2)by striking There are authorized to be appropriated to carry out this section and inserting the following:(1)Telehealth network and telehealth research center grantsTo carry out this section with respect to grants under paragraphs (1) and (2) of subsection (d), there is authorized to be appropriated; and(3)by adding at the end the following new paragraph:(2)Virtual health network pilot program grantsTo carry out this section with respect to the virtual health pilot program under subsection (b)(2), including grants under subsection (d)(3), there is authorized to be appropriated $50,000,000, to remain available until expended..(j)ReportNot later than two years after awarding all grants under subsection (d)(3) of section 330I of the Public Health Service Act, as added by this section, the Secretary of Health and Human Services shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activities and outcomes of the pilot program under subsection (b)(2) of section 330I of such Act, as added by this section.


117 HR 4841 IH: Restoring Justice for Workers Act
U.S. House of Representatives
2021-07-29
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.

I117th CONGRESS1st SessionH. R. 4841IN THE HOUSE OF REPRESENTATIVESJuly 29, 2021Mr. Nadler (for himself, Mr. Scott of Virginia, Mr. Cicilline, Mr. Cohen, Mr. Cooper, Mr. Danny K. Davis of Illinois, Mrs. Demings, Mr. Deutch, Mr. Espaillat, Ms. Jayapal, Mr. Jeffries, Mr. Jones, Mr. Langevin, Ms. Lee of California, Ms. Bonamici, Mrs. Lawrence, Ms. McCollum, Ms. Norton, Mr. Raskin, Mr. Rush, Ms. Scanlon, Ms. Schakowsky, Mr. Swalwell, Mr. Takano, Mr. DeSaulnier, Mr. Johnson of Georgia, Ms. Brownley, Ms. Wilson of Florida, Mr. Levin of Michigan, Mr. Pocan, Mr. Norcross, Ms. Leger Fernandez, Mrs. McBath, Mr. Grijalva, Mr. Bowman, Mr. Yarmuth, and Ms. Adams) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo prohibit forced arbitration in work disputes, and for other purposes.1.Short titleThis Act may be cited as the Restoring Justice for Workers Act.2.PurposesThe purposes of this Act are to—(1)prohibit predispute arbitration agreements that require arbitration of work disputes;(2)prohibit retaliation against workers for refusing to arbitrate work disputes;(3)provide protections to ensure that postdispute arbitration agreements are truly voluntary and with the informed consent of workers; and(4)amend the National Labor Relations Act to prohibit agreements and practices that interfere with employees' right to engage in concerted activity regarding work disputes.3.Arbitration of work disputes(a)In generalTitle 9 of the United States Code is amended by adding at the end the following:4Arbitration of Work DisputesSec. 401. Definitions. 402. Validity and enforceability.401.DefinitionsIn this chapter—(1)the terms commerce, employee, and employer have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203);(2)the term covered entity means—(A)an employer; or(B)an individual or entity that is not acting as an employer and engages the services of a worker;(3)the term predispute arbitration agreement means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement;(4)the term postdispute arbitration agreement means any agreement to arbitrate a dispute that arose before the time of the making of the agreement;(5)the term worker means—(A)an employee; or(B)an individual who is engaged by a covered entity to perform services or work as an independent contractor (regardless of the label or classification assigned or used by the covered entity); and(6)the term work dispute—(A)means a dispute between one or more workers (or their authorized representatives) and a covered entity arising out of or related to the work relationship or prospective work relationship between the workers and the covered entity; and(B)includes, but is not limited to—(i)a dispute regarding the terms of, payment for, advertising of, recruitment of, referring of, arranging for, or discipline or discharge in connection with such work;(ii)a dispute arising under any law referred to or described in section 62(e) of the Internal Revenue Code of 1986, including any part of such a law not explicitly referenced in such section that relates to protecting individuals on a basis that is protected under a law referred to or described in such section; and(iii)a dispute in which an individual or individuals seek certification—(I)as a class under rule 23 of the Federal Rules of Civil Procedure;(II)as a collective action under section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)); or(III)under a comparable rule or provision of State law.402.Validity and enforceability(a)In generalNotwithstanding any other chapter of this title—(1)no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a work dispute;(2)no postdispute arbitration agreement that requires arbitration of a work dispute shall be valid or enforceable unless—(A)the agreement was not required by the covered entity, obtained by coercion or threat of adverse action, or made a condition of employment, work, or any employment-related or work-related privilege or benefit;(B)each worker entering into the agreement was informed in writing using sufficiently plain language likely to be understood by the average worker of—(i)the right of the worker under paragraph (3) to refuse to enter the agreement without retaliation; and(ii)the protections under section 8(a)(6) of the National Labor Relations Act (29 U.S.C. 158(a)(6));(C)each worker entering into the agreement entered the agreement after a waiting period of not fewer than 45 days, beginning on the date on which the worker was provided both the final text of the agreement and the disclosures required under subparagraph (B); and(D)each worker entering into the agreement affirmatively consented to the agreement in writing;(3)no agreement shall be valid or enforceable, whereby prior to a work dispute to which the agreement applies, a worker undertakes or promises not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to a work dispute in any forum that, but for such agreement, is of competent jurisdiction;(4)no agreement shall be valid or enforceable, whereby after a work dispute to which the agreement applies arises, a worker undertakes or promises not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to a work dispute in any forum that, but for such agreement, is of competent jurisdiction, unless the agreement meets the requirements of paragraph (2) of this subsection; and(5)no covered entity may retaliate or threaten to retaliate against a worker for refusing to enter into an agreement that provides for arbitration of a work dispute.(b)Statute of limitationsDuring the waiting period described in subsection (a)(2)(C), the statute of limitations for any claims that arise from or form the basis for the applicable work dispute shall be tolled.(c)Civil actionAny person who is injured by reason of a violation of subsection (a)(5) may bring a civil action in the appropriate district court of the United States against the covered entity within 2 years of the violation, or within 3 years if such violation is willful. Relief granted in such an action shall include a reasonable attorney’s fee, other reasonable costs associated with maintaining the action, and any appropriate relief authorized by section 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5(g)) or by section 1977A(b) of the Revised Statutes (42 U.S.C. 1981a(b)).(d)Applicability(1)In generalThis chapter applies to covered entities and workers engaged in activity affecting commerce to the fullest extent permitted by the Constitution of the United States, including the work of persons engaged in domestic service in households, as described in section 2(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 202(a)). An issue as to whether this chapter applies to an arbitration agreement shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, regardless of whether any contractual provision purports to delegate such determinations to the arbitrator and irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement.(2)Collective bargaining agreementsNothing in this chapter shall apply to any arbitration provision in a contract between a covered entity and a labor organization, except that no such arbitration provision shall have the effect of waiving the right of a worker to seek judicial enforcement of a right arising under a provision of the Constitution of the United States, the constitution of a State, or a Federal or State statute, or public policy arising therefrom..(b)Technical and conforming amendments(1)In generalTitle 9 of the United States Code is amended—(A)in section 1, by striking of seamen, and all that follows through interstate commerce;(B)in section 2, by inserting or as otherwise provided in chapter 4 before the period at the end;(C)in section 208—(i)in the section heading, by striking Chapter 1; residual application and inserting Application; and(ii)by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4.; and(D)in section 307—(i)in the section heading, by striking Chapter 1; residual application and inserting Application; and(ii)by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4..(2)Table of sections(A)Chapter 2The table of sections for chapter 2 of title 9, United States Code, is amended by striking the item relating to section 208 and inserting the following:208. Application..(B)Chapter 3The table of sections for chapter 3 of title 9, United States Code, is amended by striking the item relating to section 307 and inserting the following:307. Application..(3)Table of chaptersThe table of chapters for title 9, United States Code, is amended by adding at the end the following:4.Arbitration of work disputes401..4.Protection of concerted activity(a)AgreementsSection 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended—(1)in paragraph (5), by striking the period at the end and inserting ; and; and(2)by adding at the end the following:(6)(A)to enter into or attempt to enforce any agreement, express or implied, whereby prior to a dispute to which the agreement applies, an employee undertakes or promises not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee in any forum that, but for such agreement, is of competent jurisdiction;(B)to coerce such an employee into undertaking or promising not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee; or(C)to retaliate or threaten to retaliate against an employee for refusing to undertake or promise not to pursue, bring, join, litigate, or support any kind of joint, class, or collective claim arising from or relating to the employment of such employee:Provided, That any agreement that violates this paragraph or results from a violation of this paragraph shall be to such extent unenforceable and void: Provided further, That this paragraph shall not apply to any agreement embodied in or expressly permitted by a contract between an employer and a labor organization..(b)Conforming amendmentSection 10(b) of the National Labor Relations Act (29 U.S.C. 160(b)) is amended by striking discharge and inserting discharge, or unless the person aggrieved thereby is an employee alleging a violation of section 8(a)(6) whose charge involves a postdispute arbitration agreement that meets the requirements under section 402(a)(2) of title 9, United States Code, or an agreement described in section 402(a)(4) of such title that meets the requirements under subparagraphs (A) through (D) of section 402(a)(2) of such title, in which event the six-month period shall be computed from the day the waiting period described in subparagraph (C) of such section ends.5.Effective dateThis Act, and the amendments made by this Act, shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises or accrues on or after such date, including any dispute or claim to which an agreement predating such date applies.


116 S1837 IS: Protecting Infrastructure and Promoting the Economy Act
U.S. Senate
2019-06-13
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.

II116th CONGRESS1st SessionS. 1837IN THE SENATE OF THE UNITED STATESJune 13, 2019Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo require the Administrator of the Environmental Protection Agency to establish a discretionary
			 grant program for drinking water and wastewater infrastructure projects,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Protecting Infrastructure and Promoting the Economy Act or the PIPE Act.
		2.Drinking water and wastewater infrastructure discretionary grant program
 (a)DefinitionsIn this section: (1)AdministratorThe term Administrator means the Administrator of the Environmental Protection Agency.
 (2)ProgramThe term program means the drinking water and wastewater infrastructure discretionary grant program established under subsection (b).
 (b)Establishment of programNot later than 1 year after the date of enactment of this Act, the Administrator shall establish a drinking water and wastewater discretionary grant program to provide grants on a competitive basis to eligible entities for investments in drinking water and wastewater infrastructure projects.
 (c)Eligible entitiesAn entity eligible to receive a grant under the program is— (1)a State;
 (2)a unit of local government; (3)a federally recognized Indian Tribe; or
 (4)a public or nonprofit water utility. (d)Eligible projectsA project eligible to be carried out with funds under the program includes—
 (1)1 or more activities that are eligible for assistance under section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c));
 (2)1 or more activities described in section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(2)); and
 (3)any other drinking water infrastructure project or wastewater infrastructure project that the Administrator determines to appropriate.
				(e)Application
 (1)In generalTo be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application in such manner and containing such information as the Administrator may require.
 (2)Bundling of projectsAn eligible entity may include more than 1 project in a single application. (3)DeadlineAn application shall be submitted to the Administrator not later than 180 days after the date on which the notice of funding opportunity and the selection criteria are issued under subsection (f)(1)(B).
				(f)Selection
				(1)Criteria
 (A)In generalThe Administrator shall establish criteria in accordance with this subsection to use in selecting projects to receive a grant under the program.
 (B)PublicationNot later than 60 days after the date on which funds are made available to carry out the program for each fiscal year, the Administrator shall—
 (i)issue a notice of funding opportunity for the program; and (ii)include in the notice the selection criteria established under subparagraph (A).
 (2)PriorityIn selecting projects to receive a grant under the program, the Administrator shall give priority to projects—
 (A)for which a Federal grant would assist in completing an overall financing package for the project; and
 (B)that would help bring— (i)public water systems (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)) into compliance with the Safe Drinking Water Act (42 U.S.C. 300f et seq.); or
 (ii)publicly owned treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)) into compliance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
 (3)Geographical distributionFor each fiscal year, in providing grants under the program, the Administrator shall ensure that the funds are distributed—
 (A)on an equitable geographical basis; and (B)in a manner that balances the needs of urban, suburban, and rural communities.
 (4)DeadlineNot later than 1 year after the date on which funds are made available to carry out the program for each fiscal year, the Administrator shall select projects to receive grants under the program.
				(g)Requirements
 (1)Total State limitFor each fiscal year, the total amount provided under the program for projects in a single State shall not exceed 20 percent of the total amount made available to carry out the program.
 (2)Federal shareThe Federal share of the cost of a project carried out with a grant under the program shall not exceed 100 percent.
 (h)RegulationsThe Administrator may promulgate such regulations as may be necessary to carry out this section. (i)Davis-Bacon (1)In generalNotwithstanding any other provision of law, all laborers and mechanics employed by contractors or subcontractors on projects carried out in whole or in part using a grant under the program shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act).
 (2)AuthorityWith respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
 (j)Buy AmericaNotwithstanding any other provision of law, the Administrator may not provide a grant under the program for a project unless the project meets the requirements described in section 1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(4)).
 (k)ReportsNot later than 2 years after the date of enactment of this Act, the Administrator shall submit to Congress and make publicly available a report on the implementation of the program.
			(l)Funding
 (1)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $500,000,000 for each of fiscal years 2020 through 2029.
 (2)AvailabilityFunds made available to carry out this section shall be available until expended.


110 HRES 1291 EH: Expressing gratitude for the contributions of the American GI Forum on its 60th anniversary.
U.S. House of Representatives
2008-06-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
110th CONGRESS
2d Session
H. RES. 1291
In the House of Representatives, U. S.,

June 26, 2008

RESOLUTION
Expressing gratitude for the contributions of the American GI Forum on its 60th anniversary.

Whereas millions of veterans returning home from World War II looked to the guarantee of educational, medical, housing, and other basic benefits provided by the GI bill;
Whereas these benefits were denied in large part to Americans of Mexican descent and other Hispanics throughout the United States;
Whereas the American GI Forum was founded in 1948 by Army Major Hector P. Garcia, a physician from Corpus Christi, Texas, in response to such inequities;
Whereas the Forum’s motto is Education Is Our Freedom and Freedom Should Be Everybody’s Business;
Whereas in 1998 the Forum was granted a Federal charter pursuant to an Act of Congress (Public Law 105–231);
Whereas one of the purposes expressed in the Forum’s charter is fostering and enlarging equal educational opportunities, equal economic opportunities, equal justice under the law, and equal political opportunities for all United States citizens, regardless of race, color, religion, sex, or national origin;
Whereas the Forum’s Veterans Outreach Program is based in San Antonio, Texas, and provides training, employment, and counseling for veterans in the Southwestern United States; and
Whereas the American GI Forum continues to be a beacon of hope and an avenue for involvement for returning veterans and ordinary citizens aspiring to improve conditions within their own communities: Now, therefore, be it

That the House of Representatives—
(1)recognizes the need for equal access to veterans’ benefits for all who have honorably served;
(2)supports the goals, ideals, and deeds of the American GI Forum and its members;
(3)commends the work of the American GI Forum on its 60th anniversary; and
(4)encourages others to join with the American GI Forum to ensure that veterans are never again denied the benefits they rightfully deserve.

Lorraine C. Miller,Clerk.


111 HR 263 IH: Contempt of the House of Representatives Subpoena Authority Act of 2009
U.S. House of Representatives
2009-01-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		111th CONGRESS
		1st Session
		H. R. 263
		IN THE HOUSE OF REPRESENTATIVES

			January 7, 2009
			Ms. Jackson-Lee of
			 Texas introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary, and in addition to the Committee on
			 Rules, for a period to be
			 subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To amend title 28, United States Code, to grant to the
		  House of Representatives the authority to bring a civil action to enforce,
		  secure a declaratory judgment concerning the validity of, or prevent a
		  threatened refusal or failure to comply with any subpoena or order issued by
		  the House or any committee or subcommittee of the House to secure the
		  production of documents, the answering of any deposition or interrogatory, or
		  the securing of testimony, and for other purposes.

		1.Short TitleThis Act may be cited as the Contempt
			 of the House of Representatives Subpoena Authority Act of 2009.
		2.Authority to Bring
			 Actions to Enforce subpoenas of the House of Representatives
			(a)In
			 GeneralTitle 28, United
			 States Code, is amended by inserting after section 1365 the following new
			 section:

					1365A.House of
				Representatives Actions
						(a)Enforcement of
				Subpoenas and OrdersThe
				United States District Court for the District of Columbia shall have original
				jurisdiction, without regard to the amount in controversy, over any civil
				action brought by the House of Representatives or any authorized committee or
				subcommittee of the House to enforce, to secure a declaratory judgment
				concerning the validity of, or to prevent a threatened refusal or failure to
				comply with, any subpoena or order issued by the House or committee or
				subcommittee of the House to any entity acting or purporting to act under color
				or authority of State law or to any natural person to secure the production of
				documents or other materials of any kind or the answering of any deposition or
				interrogatory or to secure testimony or any combination thereof. This section
				shall not apply to an action to enforce, to secure a declaratory judgment
				concerning the validity of, or to prevent a threatened refusal to comply with,
				any subpoena or order issued to an officer or employee of the executive branch
				of the Federal Government acting within his or her official capacity, except
				that this section shall apply if the refusal to comply is based on the
				assertion of a personal privilege or objection and is not based on a
				governmental privilege or objection the assertion of which has been authorized
				by the executive branch of the Federal Government.
						(b)Contempt
				ProceedingsUpon application
				by the House of Representatives or any authorized committee or subcommittee of
				the House, the district court shall issue an order to an entity or person
				refusing, or failing to comply with, or threatening to refuse or not to comply
				with, a subpoena or order of the House or committee or subcommittee of the
				House requiring such entity or person to comply forthwith. Any refusal or
				failure to obey a lawful order of the district court issued pursuant to this
				section may be held by such court to be a contempt thereof. A contempt
				proceeding shall be commenced by an order to show cause before the court why
				the entity or person refusing or failing to obey the court order should not be
				held in contempt of court. Such contempt proceeding shall be tried by the court
				and shall be summary in manner. The purpose of sanctions imposed as a result of
				such contempt proceeding shall be to compel obedience to the order of the
				court. Process in any such action or contempt proceeding may be served in any
				judicial district wherein the entity or party refusing, or failing to comply,
				or threatening to refuse or not to comply, resides, transacts business, or may
				be found, and subpoenas for witnesses who are required to attend such
				proceeding may run into any other district. Nothing in this section shall
				confer upon such court jurisdiction to affect by injunction or otherwise the
				issuance or effect of any subpoena or order of the House or any committee or
				subcommittee of the House or to review, modify, suspend, terminate, or set
				aside any such subpoena or order. An action, contempt proceeding, or sanction
				brought or imposed pursuant to this section shall not abate upon adjournment
				sine die by the House at the end of a Congress if the House or the committee or
				subcommittee of the House which issued the subpoena or order certifies to the
				court that it maintains its interest in securing the documents, answers, or
				testimony during such adjournment.
						(c)RepresentationThe House of Representatives or any
				committee or subcommittee of the House commencing and prosecuting a civil
				action or contempt proceeding under this section may be represented in such
				action by such attorneys as the House may designate.
						(d)Treatment of
				Select and Special CommitteesFor the purposes of this section the term
				committee includes standing, select, or special committees of the
				House of Representatives established by law or resolution.
						.
			(b)Clerical
			 AmendmentThe table of sections of chapter 85 of title 28, United
			 States Code, is amended by inserting after the item relating to section 1365
			 the following new item:

						1365A. House of Representatives
				actions.

					.
			3.Action by General
			 Counsel of House of Representatives
			(a)Authorization to
			 Bring Civil Action to Enforce SubpoenaWhen directed to do so by the adoption of a
			 resolution by the House of Representatives pursuant to section 3, the General
			 Counsel of the House of Representatives shall bring a civil action under any
			 statute conferring jurisdiction on any court of the United States (including
			 section 1365A of title 28, United States Code), to enforce, to secure a
			 declaratory judgment concerning the validity of, or to prevent a threatened
			 failure or refusal to comply with, any subpoena or order issued by the House or
			 a committee or a subcommittee of the House authorized to issue a subpoena or
			 order.
			(b)Actions in Name
			 of Committees and SubcommitteesAny directive to the General Counsel to
			 bring a civil action pursuant to subsection (a) in the name of a committee or
			 subcommittee of the House shall, for such committee or subcommittee, constitute
			 authorization to bring such action within the meaning of any statute conferring
			 jurisdiction on any court of the United States.
			4.Consideration of
			 Resolutions Authorizing Actions
			(a)In
			 GeneralIt shall not be in
			 order in the House of Representatives to consider a resolution to direct the
			 General Counsel of the House of Representatives to bring a civil action
			 pursuant to this Act in the name of a committee or subcommittee unless—
				(1)such resolution is
			 reported by a majority of the members voting, a majority being present, of such
			 committee or committee of which such subcommittee is a subcommittee; and
				(2)the report filed
			 by such committee or committee of which such subcommittee is a subcommittee
			 contains a statement of—
					(A)the procedure
			 followed in issuing such subpoena;
					(B)the extent to
			 which the party subpoenaed has complied with such subpoena;
					(C)any objections or
			 privileges raised by the subpoenaed party; and
					(D)the comparative
			 effectiveness of bringing a civil action pursuant to this Act, certification of
			 a criminal action for contempt of Congress, and initiating a contempt
			 proceeding before the House.
					(b)Committee Report
			 Not Receivable in CourtA
			 report filed pursuant to subsection (a)(2) shall not be receivable in any court
			 of law to the extent such report is in compliance with such subsection.
			(c)Exercise of
			 Rulemaking AuthorityThe
			 provisions of subsection (a) are enacted—
				(1)as an exercise of
			 the rulemaking power of the House of Representatives, and, as such, they shall
			 be considered as part of the rules of the House, and such rules shall supersede
			 any other rule of the House only to the extent that rule is inconsistent
			 therewith; and
				(2)with full
			 recognition of the constitutional right of the House to change such rules (so
			 far as relating to the procedure in the House) at any time, in the same manner,
			 and to the same extent as in the case of any other rule of the House.
				5.General Counsel
			 DefinedIn this Act, the term
			 General Counsel of the House of Representatives has the meaning
			 given such term in section 101(c) of the Legislative Branch Appropriations Act,
			 2000 (2 U.S.C. 130f(c)).
		6.Rule of
			 ConstructionNothing in this
			 Act shall limit the discretion of—
			(1)the Speaker of the
			 House of Representatives in certifying to the United States Attorney for the
			 District of Columbia any matter pursuant to section 104 of the Revised Statutes
			 of the United States (2 U.S.C. 194); or
			(2)the House of
			 Representatives to hold any individual or entity in contempt of the
			 House.


		II
		110th CONGRESS
		2d Session
		S. 3434
		IN THE SENATE OF THE UNITED STATES

			August 1, 2008
			Mr. Durbin introduced
			 the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To combat organized crime involving the illegal
		  acquisition of retail goods for the purpose of selling those illegally obtained
		  goods through physical and online retail marketplaces.

		1.Short
			 titleThis Act may be cited as
			 the Combating Organized Retail Crime
			 Act of 2008.
		2.FindingsCongress finds the following:
			(1)Organized retail
			 crime involves the coordinated acquisition of large volumes of retail
			 merchandise by theft, embezzlement, fraud, false pretenses, or other illegal
			 means from commercial entities engaged in interstate commerce, for the purpose
			 of selling or distributing such illegally obtained items in the stream of
			 commerce. Organized retail crime is a growing problem nationwide that costs
			 American companies and consumers billions of dollars annually and that has a
			 substantial and direct effect upon interstate commerce.
			(2)The illegal
			 acquisition and black-market sale of merchandise by persons engaged in
			 organized retail crime result in an estimated annual loss of hundreds of
			 millions of dollars in sales and income tax revenues to State and local
			 governments.
			(3)The illegal
			 acquisition, unsafe tampering and storage, and unregulated redistribution of
			 consumer products such as baby formula, over-the-counter drugs, and other items
			 by persons engaged in organized retail crime pose a health and safety hazard to
			 consumers nationwide.
			(4)Investigations
			 into organized retail crime have revealed that the illegal income resulting
			 from such crime often benefits persons and organizations engaged in other forms
			 of criminal activity, such as drug trafficking and gang activity.
			(5)Items obtained
			 through organized retail crime are resold in a variety of different
			 marketplaces, including flea markets, swap meets, open-air markets, and
			 Internet auction websites. Increasingly, persons engaged in organized retail
			 crime use Internet auction websites to resell illegally obtained items. The
			 Internet offers such sellers a worldwide market and a degree of anonymity that
			 physical marketplace settings do not offer.
			3.Offenses related
			 to organized retail crime
			(a)Transportation
			 of stolen goodsThe first undesignated paragraph of section 2314
			 of title 18, United States Code, is amended by inserting after more,
			  the following: or, during any 12-month period, of an aggregate
			 value of $5,000 or more during that period,.
			(b)Sale or receipt
			 of stolen goodsThe first undesignated paragraph of section 2315
			 of title 18, United States Code, is amended by inserting after $5,000 or
			 more,  the following: or, during any 12-month period, of an
			 aggregate value of $5,000 or more during that period,.
			(c)Fraud in
			 connection with access devicesSection 1029(e)(1) of title 18,
			 United States Code, is amended by inserting Universal Product Code
			 label, after code,.
			(d)Review and
			 amendment of Federal sentencing guidelines for offenses related to organized
			 retail crime
				(1)Review and
			 amendment
					(A)In
			 generalThe United States Sentencing Commission, pursuant to its
			 authority under section 994 of title 28, United States Code, and in accordance
			 with this subsection, shall review and, if appropriate, amend the Federal
			 sentencing guidelines (including its policy statements) applicable to persons
			 convicted of offenses involving organized retail crime, which is the
			 coordinated acquisition of large volumes of retail merchandise by theft,
			 embezzlement, fraud, false pretenses, or other illegal means from commercial
			 entities engaged in interstate commerce for the purpose of selling or
			 distributing such illegally obtained items in the stream of commerce.
					(B)OffensesOffenses
			 referred to in subparagraph (A) may include offenses contained in—
						(i)sections 1029,
			 2314, and 2315 of title 18, United States Code; or
						(ii)any other
			 relevant provision of the United States Code.
						(2)RequirementsIn
			 carrying out the requirements of this subsection, the United States Sentencing
			 Commission shall—
					(A)ensure that the
			 Federal sentencing guidelines (including its policy statements) reflect—
						(i)the
			 serious nature and magnitude of organized retail crime; and
						(ii)the need to
			 deter, prevent, and punish offenses involving organized retail crime;
						(B)consider the
			 extent to which the Federal sentencing guidelines (including its policy
			 statements) adequately address offenses involving organized retail crime to
			 sufficiently deter and punish such offenses;
					(C)maintain
			 reasonable consistency with other relevant directives and sentencing
			 guidelines;
					(D)account for any
			 additional aggravating or mitigating circumstances that might justify
			 exceptions to the generally applicable sentencing ranges; and
					(E)consider whether
			 to provide a sentencing enhancement for those convicted of conduct involving
			 organized retail crime, where such conduct involves—
						(i)a
			 threat to public health and safety, including alteration of an expiration date
			 or of product ingredients;
						(ii)theft,
			 conversion, alteration, or removal of a product label;
						(iii)a
			 second or subsequent offense; or
						(iv)the use of
			 advanced technology to acquire retail merchandise by means of theft,
			 embezzlement, fraud, false pretenses, or other illegal means.
						4.Sales of
			 illegally obtained items in physical or online retail marketplaces
			(a)In
			 generalChapter 113 of title 18, United States Code, is amended
			 by adding at the end the following:

					2323.Online retail
				marketplaces
						(a)DefinitionsAs used in this section, the following
				definitions shall apply:
							(1)High volume
				sellerThe term high volume seller means a user of
				an online retail marketplace who, in any continuous 12-month period during the
				previous 24 months, has entered into—
								(A)multiple discrete
				sales or transactions resulting in the accumulation of an aggregate total of
				$20,000 or more in gross revenues; or
								(B)200 or more
				discrete sales or transactions resulting in the accumulation of an aggregate
				total of $10,000 or more in gross revenues.
								(2)Internet
				siteThe term Internet site means a location on the
				Internet that is accessible at a specific Internet domain name or address under
				the Internet Protocol (or any successor protocol), or that is identified by a
				uniform resource locator.
							(3)Online retail
				marketplaceThe term online retail marketplace means
				an Internet site where users other than the operator of the Internet site can
				enter into transactions with each other for the sale or distribution of goods
				or services, and in which—
								(A)such goods or
				services are promoted through inclusion in search results displayed within the
				Internet site;
								(B)the operator of
				the Internet site—
									(i)has the
				contractual right to supervise the activities of users with respect to such
				goods or services; or
									(ii)has a financial
				interest in the sale of such goods or services; and
									(C)in any continuous
				12-month period during the previous 24 months, users other than the operator of
				the Internet site collectively have entered into—
									(i)multiple discrete
				transactions for the sale of goods or services aggregating a total of $500,000
				or more in gross revenues; or
									(ii)1,000 or more
				discrete transactions for the sale of goods or services aggregating a total of
				$250,000 or more in gross revenues.
									(4)Operator of an
				online retail marketplaceThe term operator of an online
				retail marketplace means a person or entity that—
								(A)operates or
				controls an online retail marketplace; and
								(B)makes the online
				retail marketplace available for users to enter into transactions with each
				other on that marketplace for the sale or distribution of goods or
				services.
								(5)Operator of a
				physical retail marketplaceThe term operator of a physical
				retail marketplace means a person or entity that rents or otherwise
				makes available a physical retail marketplace to transient vendors to conduct
				business for the sale of goods, or services related to such goods.
							(6)Physical retail
				marketplaceThe term physical retail marketplace may
				include a flea market, indoor or outdoor swap meet, open air market, or other
				similar environment, and means a venue or event in which physical space is made
				available not more than 4 days per week by an operator of a physical retail
				marketplace as a temporary place of business for transient vendors to conduct
				business for the sale of goods, or services related to such goods; and
								(A)in which in any
				continuous 12-month period during the preceding 24 months, there have been 10
				or more days on which 5 or more transient vendors have conducted business at
				the venue or event; and
								(B)does not mean and
				shall not apply to an event which is organized and conducted for the exclusive
				benefit of any community chest, fund, foundation, association, or corporation
				organized and operated for religious, educational, or charitable purposes,
				provided that no part of any admission fee or parking fee charged vendors or
				prospective purchasers, and no part of the gross receipts or net earnings from
				the sale or exchange of goods or services, whether in the form of a percentage
				of the receipts or earnings, salary, or otherwise, inures to the benefit of any
				private shareholder or person participating in the organization or conduct of
				the event.
								(7)StructuringThe
				term structuring means to knowingly conduct, or attempt to
				conduct, alone, or in conjunction with or on behalf of 1 or more other persons,
				1 or more transactions in currency, in any amount, in any manner, with the
				purpose of evading categorization as a physical retail marketplace, an online
				retail marketplace, or a high volume seller.
							(8)Temporary place
				of businessThe term temporary place of business
				means any physical space made open to the public, including but not limited to
				a building, part of a building, tent or vacant lot, which is temporarily
				occupied by 1 or more persons or entities for the purpose of making sales of
				goods, or services related to those goods, to the public. A place of business
				is not temporary with respect to a person or entity if that person or entity
				conducts business at the place and stores unsold goods there when it is not
				open for business.
							(9)Transient
				vendorThe term transient vendor means any person or
				entity that, in the usual course of business, transports inventory, stocks of
				goods, or similar tangible personal property to a temporary place of business
				for the purpose of entering into transactions for the sale of such
				property.
							(10)UserThe
				term user means a person or entity that accesses an online retail
				marketplace for the purpose of entering into transactions for the sale or
				distribution of goods or services.
							(11)Valid physical
				postal addressThe term valid physical postal
				address means—
								(A)a current street
				address, including the city, State, and Zip code;
								(B)a Post Office box
				that has been registered with the United States Postal Service; or
								(C)a private mailbox
				that has been registered with a commercial mail receiving agency that is
				established pursuant to United States Postal Service regulations.
								(b)Safeguards
				against sales of illegally-obtained items
							(1)Duties of
				operators of physical retail marketplaces and online retail marketplaces To
				conduct account reviews and file suspicious activity reportsIn
				the event that an operator of a physical or online retail marketplace is
				presented with documentary evidence showing that a transient vendor of the
				physical retail marketplace, a user of the online retail marketplace, or a
				director, officer, employee, or agent of such transient vendor or user, has
				used or is using the retail marketplace to sell or distribute items that were
				stolen, embezzled, or obtained by fraud, false pretenses or other illegal
				means, or has engaged in or is engaging in structuring, the operator
				shall—
								(A)not later than 15
				days after receiving such evidence—
									(i)file a suspicious
				activity report with the Attorney General of the United States; and
									(ii)not later than 5
				days after filing the report, notify any person or entity that presented the
				documentary evidence that the operator filed the report; and
									(B)(i)initiate
				a review of the account of such transient vendor or user for evidence of
				illegal activity; and
									(ii)as soon as possible, but not later
				than 45 days after receiving such evidence—
										(I)complete this review; and
										(II)submit the results of such account
				review to the Attorney General.
										(2)Duties of
				operators of physical retail marketplaces and online retail marketplaces To
				terminate sales activity
								(A)In
				generalIf an operator of a physical retail marketplace or an
				online retail marketplace reasonably determines that, based on the documentary
				evidence presented to it or the account review conducted by it under paragraph
				(1), there is clear and convincing evidence that a transient vendor of the
				physical retail marketplace, a user of the online retail marketplace, or a
				director, officer, employee or agent of such transient vendor or user, has used
				or is using the retail marketplace to sell or distribute items that were
				stolen, embezzled, or obtained by fraud, false pretenses, or other illegal
				means, or has engaged in or is engaging in structuring, the operator shall, not
				sooner than 21 days and not later than 45 days after submitting the results of
				the account review to the Attorney General pursuant to paragraph (1),
				either—
									(i)terminate the
				ability of the transient vendor to conduct business at the physical retail
				marketplace or terminate the ability of the user to conduct transactions on the
				online retail marketplace, and notify the Attorney General of such action;
				or
									(ii)(I)request that the
				transient vendor or user present documentary evidence that the operator
				reasonably determines to be clear and convincing showing that the transient
				vendor or user has not used the retail marketplace to sell or distribute items
				that were stolen, embezzled, or obtained by fraud, false pretenses, or other
				illegal means, or has not engaged in or is not engaging in structuring;
				and
										(II)(aa)if the transient
				vendor or user fails to present such information within 45 days of such
				request, terminate the ability of the transient vendor to conduct business at
				the physical retail marketplace or terminate the ability of the user to conduct
				transactions on the online retail marketplace, and notify the Attorney General
				of such action; or
											(bb)if the transient vendor or user presents
				such information within 45 days, then the operator shall report such
				information to the Attorney General and notify the transient vendor or user
				that the operator will not terminate the activities of the transient vendor or
				user.
											(B)Attorney
				General authorizationThe Attorney General or a designee may,
				with respect to the timing of the operator's actions pursuant to this
				paragraph, authorize the operator in writing to take such action prior to 21
				days after submitting the results of the account review to the Attorney General
				or direct the operator in writing and for good cause to delay such action to a
				date later than 45 days after submitting the results of the account
				review.
								(3)Documentary
				evidenceThe documentary evidence referenced in paragraphs (1) or
				(2)—
								(A)shall refer to 1
				or more specific items, individuals, entities or transactions allegedly
				involved in theft, embezzlement, fraud, false pretenses, or other illegal
				activity; and
								(B)shall be—
									(i)video
				recordings;
									(ii)audio
				recordings;
									(iii)sworn
				affidavits;
									(iv)financial,
				accounting, business, or sales records;
									(v)records or
				transcripts of phone conversations;
									(vi)documents that
				have been filed in a Federal or State court proceeding; or
									(vii)signed reports
				to or from a law enforcement agency.
									(4)Retention of
				records
								(A)Retail
				marketplacesEach operator of a physical retail marketplace and
				each operator of an online retail marketplace shall maintain—
									(i)a
				record of all documentary evidence presented to it pursuant to paragraph (1)
				for 3 years from the date the operator received the evidence;
									(ii)a record of the
				results of all account reviews conducted pursuant to paragraph (1), and any
				supporting documentation, for 3 years from the date of the review; and
									(iii)a copy of any
				suspicious activity report filed with the Attorney General pursuant to this
				subsection, and the original supporting documentation concerning any report
				that it files, for 3 years from the date of the filing.
									(B)Online retail
				marketplaceEach operator of an online retail marketplace shall
				maintain, for 3 years after the date a user becomes a high volume seller, the
				name, telephone number, e-mail address, valid physical postal address, and any
				other identification information that the operator receives about the high
				volume seller.
								(5)Confidentiality
				of reportsNo operator of a physical retail marketplace or online
				retail marketplace, and no director, officer, employee or agent of such
				operator, may notify any individual or entity that is the subject of a
				suspicious activity report filed pursuant to paragraph (1), or of an account
				review performed pursuant to paragraph (1), of the fact that the operator filed
				such a report or performed such an account review, or of any information
				contained in the report or account review.
							(6)High volume
				sellers
								(A)Valid postal
				addressAn operator of an online retail marketplace shall require
				each high volume seller to display a valid physical postal address whenever
				other information about the items or services being sold by the high volume
				seller is displayed on the online retail marketplace. Such valid physical
				postal address must be displayed in a format clearly visible to the average
				consumer.
								(B)Failure to
				provideIn the event that a high volume seller has failed to
				display a valid physical postal address as required in this paragraph, the
				operator of the online retail marketplace shall—
									(i)within 15 days
				notify the user of its duty to display a valid physical postal address;
				and
									(ii)if 45 days after
				providing this initial notification the user still has not displayed a valid
				physical postal address, shall—
										(I)terminate the
				ability of the user to conduct transactions on marketplace; and
										(II)file within 15
				days a suspicious activity report with the Attorney General of the United
				States.
										(7)Contents of
				suspicious activity reportsA suspicious activity report
				submitted by an operator to the Attorney General pursuant to paragraph (1) or
				(6) shall contain the following information:
								(A)The name,
				address, telephone number, and e-mail address of the individual or entity that
				is the subject of the report, to the extent known.
								(B)Any other
				information that is in the possession of the operator filing the report
				regarding the identification of the individual or entity that is the subject of
				the report.
								(C)A copy of the
				documentary evidence and other information that led to the filing of the report
				pursuant to paragraph (1) or (6).
								(D)A detailed
				description of the results of the account review conducted pursuant to
				paragraph (1).
								(E)Such other
				information as the Attorney General may by regulation prescribe.
								(c)Voluntary
				reportsNothing in this section prevents an operator of a
				physical retail marketplace or online retail marketplace from voluntarily
				reporting to a Federal, State, or local government agency any suspicious
				activity that such operator believes is relevant to the possible violation of
				any law or regulation, provided that the operator also complies with the
				requirements of this section.
						(d)StructuringNo
				individual or entity shall engage in structuring as defined in this
				section.
						(e)Enforcement by
				Attorney General
							(1)In
				generalAny individual or entity who knowingly commits a
				violation of, or knowingly fails to comply with the requirements specified in,
				paragraph (1), (2), (4), (5), (6), or (7) of subsection (b), or subsection (d),
				shall be liable to the United States Government for a civil penalty of not more
				than $10,000 per violation.
							(2)False
				statements
								(A)Intent to
				influence an operatorAny person who knowingly makes any material
				false or fictitious statement or representation with the intent to influence an
				operator of a physical retail marketplace or an operator of an online retail
				marketplace to file a suspicious activity report under subsection (b) shall be
				liable to the United States Government for a civil penalty of not more than
				$10,000 per violation.
								(B)Suspicious
				activity reportAny person who knowingly and willfully makes any
				material false or fictitious statement or representation in any suspicious
				activity report required under subsection (b) may, upon conviction thereof, be
				subject to liability under section 1001.
								(f)Enforcement by
				States
							(1)Civil
				actionIn any case in which the attorney general of a State has
				reason to believe that an interest of the residents of that State has been or
				is threatened or adversely affected by any person or entity who has committed
				or is committing a violation of this section, the attorney general, official,
				or agency of the State, as parens patriae, may bring a civil action on behalf
				of the residents of the State in a district court of the United States of
				appropriate jurisdiction—
								(A)to enjoin further
				violation of this section by the defendant;
								(B)to obtain damages
				on behalf of the residents of the State in an amount equal to the actual
				monetary loss suffered by such residents; or
								(C)to impose civil
				penalties in the amounts specified in subsection (e).
								(2)Written
				notice
								(A)In
				generalThe State shall serve prior written notice of any civil
				action under paragraph (1) upon the Attorney General of the United States,
				including a copy of its complaint, except that if it is not feasible for the
				State to provide such prior notice, the State shall serve such notice
				immediately upon instituting such action.
								(B)Attorney
				general actionUpon receiving a notice respecting a civil action
				under subparagraph (A), the Attorney General of the United States shall have
				the right—
									(i)to intervene in
				such action;
									(ii)upon so
				intervening, to be heard on all matters arising therein; and
									(iii)to file
				petitions for appeal.
									(3)State powers
				preservedFor purposes of bringing any civil action under this
				subsection, nothing in this chapter shall prevent an attorney general of a
				State from exercising the powers conferred on the attorney general by the laws
				of such State to conduct investigations or to administer oaths or affirmations
				or to compel the attendance of witnesses or the production of documentary and
				other evidence.
							(4)Pending Federal
				actionWhenever a civil action has been instituted by the
				Attorney General of the United States for violation of any rule prescribed
				under subsection (e), no State may, during the pendency of such action
				instituted by the Attorney General of the United States, institute a civil
				action under this subsection against any defendant named in the complaint in
				such action for any violation alleged in such complaint.
							(5)Jurisdiction
								(A)In
				generalAny civil action brought under this subsection in a
				district court of the United States may be brought in the district in which the
				defendant is found, is an inhabitant, or transacts business or wherever venue
				is proper under section 1391 of title 28.
								(B)ProcessProcess
				in an action under this subsection may be served in any district in which the
				defendant is an inhabitant or in which the defendant may be found.
								(g)No private
				right of actionNothing in this section shall be interpreted to
				authorize a private right of action for a violation of any provision of this
				section, or a private right of action under any other provision of Federal or
				State law to enforce a violation of this
				section.
						.
			(b)Chapter
			 analysisThe chapter analysis for chapter 113 of title 18, United
			 States Code, is amended by inserting after the item for section 2322 the
			 following:

						2323. Online retail
				marketplaces.

					.
			5.No preemption of
			 State lawNo provision of this
			 Act, including any amendment made by this Act, shall be construed as indicating
			 an intent on the part of Congress to occupy the field in which that provision
			 or amendment operates, including criminal penalties, to the exclusion of any
			 State law on the same subject matter that would otherwise be within the
			 authority of the State, unless there is a positive conflict between that
			 provision or amendment and that State law so that the 2 cannot consistently
			 stand together.
		6.Effective
			 dateThe amendments made by
			 this Act take effect 120 days after the date of the enactment of this
			 Act.


I114th CONGRESS2d SessionH. R. 5987IN THE HOUSE OF REPRESENTATIVESSeptember 9, 2016Mr. Meadows introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo provide for recreational access for floating cabins on the Tennessee River System, and for other purposes.
1.Recreational access of floating cabins on waters under the jurisdiction of the Tennessee Valley Authority
(a)Recreational access permittedThe Board of Directors of the Tennessee Valley Authority may approve and allow the construction and use of a floating cabin on waters under the jurisdiction of the Tennessee Valley Authority if—  (1)the floating cabin is maintained by the owner to reasonable health, safety, and environmental standards, as required by the Board of Directors; and
(2)the Tennessee Valley Authority has authorized the use of recreational vessels on such waters. (b)FeesThe Board of Directors may levy fees on the owner of a floating cabin on waters under the jurisdiction of the Tennessee Valley Authority for purposes of ensuring compliance with subsection (a), so long as such fees are necessary and reasonable for such purposes.
(c)Continued recreational useWith respect to a floating cabin located on waters under the jurisdiction of the Tennessee Valley Authority on the date of enactment of this section, the Board of Directors— (1)may not require the removal of such floating cabin—
(A)in the case of a floating cabin that was granted a permit by the Tennessee Valley Authority before the date of enactment of this section, for a period of 15 years beginning on such date; and (B)in the case of a floating cabin not granted a permit by the Tennessee Valley Authority before the date of enactment of this section, for a period of 5 years beginning on such date; and
(2)shall approve and allow the use of the floating cabin on waters under the jurisdiction of the Tennessee Valley Authority at such time, and for such duration, as the floating cabin meets the requirements of subsection (a) and the owner of such cabin has paid any fee levied pursuant to subsection (b). (d)Definition of floating cabinIn this section, the term floating cabin means every description of watercraft or other floating structure primarily designed and used for human habitation or occupation and not primarily designed or used for navigation or transportation on water.