109 HCON 471 : Congratulating The Professional Golfers’ Association of America on its 90th anniversary and commending the members of The Professional Golfers’ Association of America and The PGA Foundation for the charitable contributions they provide to the United States.
U.S. House of Representatives
2006-11-13
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.

III
109th CONGRESS
2d Session
H. CON. RES. 471
IN THE SENATE OF THE UNITED STATES

September 26, 2006
Received

November 13, 2006
 Referred to the Committee on Commerce, Science, and Transportation

CONCURRENT RESOLUTION
Congratulating The Professional Golfers’ Association of America on its 90th anniversary and commending the members of The Professional Golfers’ Association of America and The PGA Foundation for the charitable contributions they provide to the United States.

Whereas The Professional Golfers’ Association of America (The PGA of America) was founded in 1916 by a group of amateur and professional golfers in New York City, led by department store magnate Rodman Wanamaker, with a mission to promote interest in the game of golf, elevate standards of the golf professional’s vocation, hold meetings and tournaments for the benefit of members, assist deserving unemployed members to obtain positions, and establish a benevolent relief fund for deserving members;
Whereas during World War I The PGA of America began its tradition of serving the military by purchasing and maintaining an ambulance throughout the war for the American Red Cross and encouraging employers of members to hold open positions for its members serving in the United States Armed Forces;
Whereas The PGA of America has continued its tradition of serving the military by partnering with the National Amputee Golf Association to offer golf programs for wounded military service members that include free golf instruction, free use of golf equipment, and free golf;
Whereas in 1954 The PGA of America created a charitable foundation, The PGA Foundation, as a public philanthropic foundation to provide resources and professional expertise to make golf accessible in the community by offering free golf programs for youth, the disabled, and the underserved;
Whereas The PGA of America and its PGA Foundation offer such programs as Play Golf America Days for youths involving free instruction, skills competition, and equipment demonstration; golf programs for inner city youths in Louisville, Kentucky, and Detroit, Michigan, that combine golf, education enrichment and life skills preparation to prepare youths for employment and college; and professional golf instruction and funding for the First Tee golf program for youths;
Whereas The PGA of America partners with Special Olympics International to make golf an official Special Olympics sport and supports the Special Olympics golf competition at the National Special Olympics and the World Games Special Olympics;
Whereas The PGA of America in partnership with eighteen four-year college and universities has created an accredited major for students to receive degrees in Professional Golf Management and The PGA of America awards scholarships to ensure women and minorities have the opportunity to obtain Professional Golf Management degrees and membership in The PGA of America;
Whereas The PGA of America conducts more than 30 tournaments for its members and apprentices, including the Ryder Cup, PGA Championship, PGA Grand Slam of Golf, and Senior PGA Championship, and conducts charitable programs related to these tournaments where the tournaments are held;
Whereas The PGA of America has hosted and sponsored for nine years the PGA Minority Collegiate Golf Championship to provide opportunities for students at predominately minority colleges and universities to participate in collegiate golf championships, career awareness programs, and employment recruiting;
Whereas The PGA of America is dedicated to providing educational opportunities at the PGA Education Center for PGA members and apprentice professionals and The PGA of America also provides information to the public at the adjacent PGA Historical Center, which celebrates the growth of golf in the United States and honors PGA members who have made significant contributions to the game of golf;
Whereas The PGA of America is the world’s largest working sporting organization with a mission of growing the game of golf and making it accessible;
Whereas The PGA of America is a not-for-profit professional association which has a membership of approximately 28,000 golf professionals who promote the game of golf and make golf a better game; and
Whereas The PGA of America, its members, and the golf industry annually contribute approximately $62.2 billion to the economy of the United States: Now, therefore, be it

That Congress—
(1)congratulates The Professional Golfers’ Association of America (The PGA of America) on its 90th anniversary;
(2)commends The PGA of America and its members for their contributions to the game of golf and their efforts to make golf accessible; and
(3)applauds The PGA of America and its members for their contributions to employment and economic growth in the United States.

  Passed the House of Representatives September 25, 2006. Karen L. Haas, Clerk.


110 HR 456 IH: Small Business Paperwork Relief Act
U.S. House of Representatives
2007-01-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS 1st Session
H. R. 456
IN THE HOUSE OF REPRESENTATIVES

January 12, 2007
Mr. Neugebauer introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Small Business, 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 44 of the United States Code, to provide for the suspension of fines under certain circumstances for first-time paperwork violations by small business concerns.

1.Short titleThis Act may be cited as the Small Business Paperwork Relief Act.
2.Suspension of fines for first-time paperwork violations by small business concernsSection 3506 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act), is amended by adding at the end the following:

(j)Small businesses
(1)Small business concernIn this subsection, the term small business concern means a business concern that meets the requirements of section 3(a) of the Small Business Act (15 U.S.C. 632(a)) and the regulations promulgated under that section.
(2)In generalIn the case of a first-time violation by a small business concern of a requirement regarding the collection of information by an agency, the head of such agency shall not impose a civil fine on the small business concern unless the head of the agency determines that—
(A)the violation has the potential to cause serious harm to the public interest;
(B)failure to impose a civil fine would impede or interfere with the detection of criminal activity;
(C)the violation is a violation of an internal revenue law or a law concerning the assessment or collection of any tax, debt, revenue, or receipt;
(D)the violation was not corrected on or before the date that is 6 months after the date of receipt by the small business concern of notification of the violation in writing from the agency; or
(E)except as provided in paragraph (3), the violation presents a danger to the public health or safety.
(3)Danger to public health or safety
(A)In generalIn any case in which the head of an agency determines under paragraph (2)(E) that a violation presents a danger to the public health or safety, the head of the agency may, notwithstanding paragraph (2)(E), determine not to impose a civil fine on the small business concern if the violation is corrected not later than 24 hours after receipt by the small business owner of notification of the violation in writing.
(B)ConsiderationsIn determining whether to provide a small business concern with 24 hours to correct a violation under subparagraph (A), the head of the agency shall take into account all of the facts and circumstances regarding the violation, including—
(i)the nature and seriousness of the violation, including whether the violation is technical or inadvertent or involves willful or criminal conduct;
(ii)whether the small business concern has made a good faith effort to comply with applicable laws and to remedy the violation within the shortest practicable period of time; and
(iii)whether the small business concern has obtained a significant economic benefit from the violation.
(C)Notice to congressIn any case in which the head of the agency imposes a civil fine on a small business concern for a violation that presents a danger to the public health or safety and does not provide the small business concern with 24 hours to correct the violation under subparagraph (A), the head of the agency shall notify Congress regarding such determination not later than the date that is 60 days after the date that the civil fine is imposed by the agency.
(4)Limited to first-Time violations
(A)In generalThis subsection shall not apply to any violation by a small business concern of a requirement regarding collection of information by an agency if such small business concern previously violated any requirement regarding collection of information by that agency.
(B)Other agenciesFor purposes of making a determination under subparagraph (A), the head of an agency shall not take into account any violation of a requirement regarding collection of information by another agency..


110 HR 7002 IH: MOVEMENT Act of

U.S. House of Representatives
2008-09-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 7002
		IN THE HOUSE OF REPRESENTATIVES

			September 23, 2008
			Ms. Richardson
			 introduced the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure, and in addition to the Committees on
			 Ways and Means and
			 Foreign Affairs, 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 direct the Secretary of Transportation to establish
		  and collect a national container fee and to use amounts collected from the fee
		  to make grants for infrastructure projects at United States seaports and in
		  surrounding areas to improve the movement of goods, enhance transportation
		  security, and mitigate environmental damage caused by the movement of
		  goods.

		1.Short titleThis Act may be cited as the
			 Making Opportunities Via Efficient and
			 More Effective National Transportation Act of 2008 or the
			 MOVEMENT Act of
			 2008.
		2.FindingsCongress finds the following:
			(1)The movement of goods is a form of
			 interstate commerce.
			(2)Waterborne
			 containerized shipments of imported products valued at approximately $2
			 trillion entered the United States last year.
			(3)The number of waterborne containerized
			 shipments of cargo into and out of the United States is expected to increase by
			 more than 350 percent by 2020.
			(4)In 2006, world
			 waterborne container traffic was estimated at 417 million twenty-foot
			 equivalent units (loaded and empty), 10 percent more than the 378 million
			 twenty-foot equivalent units transported in 2005.
			(5)From 1995 to 2006,
			 world waterborne container traffic more than tripled in volume from 137 million
			 twenty-foot equivalent units to 417 million twenty-foot equivalent units,
			 growing at an average annual rate of approximately 11 percent.
			(6)The number of waterborne containerized
			 shipments of imported products into the United States increased by 33 percent
			 between fiscal years 2000 and 2006, from 23.5 million shipments to 31.3 million
			 shipments.
			(7)In 2007, the 10
			 most productive containerized seaports in the United States, when measured in
			 terms of tonnage processed, handled 88 percent of all United States waterborne
			 container trade.
			(8)The California Air Resources Board, in its
			 2006 Emission Reduction Plan for Ports and Goods Movement, calculated that in
			 California alone there are 2,400 premature heart-related deaths related to port
			 and goods movement pollution, 62,000 cases of asthma symptoms, and more than 1
			 million respiratory-related school absences every year.
			3.DefinitionsIn this Act, the following definitions
			 apply:
			(1)Beneficial cargo
			 ownerThe term
			 beneficial cargo owner means the importer of record, who
			 physically takes possession of cargo at a destination and does not act as a
			 third party in the movement of such goods.
			(2)Cargo
			 containerThe term cargo container means a
			 twenty-foot equivalent unit or a forty-foot equivalent unit.
			(3)Covered
			 seaportThe term
			 covered seaport means a seaport that has been designated as a
			 port of entry by the Commissioner of U.S. Customs and Border Protection.
			(4)Eligible
			 environmental projectThe
			 term eligible environmental project means a project that
			 mitigates environmental damage to air, water, and soil caused by the movement
			 of goods.
			(5)Eligible goods
			 movement improvement projectThe term eligible goods movement
			 improvement project means a project eligible for assistance under title
			 23, United States Code, that has as its primary purpose improving the movement
			 of cargo containers in interstate commerce.
			(6)Eligible
			 homeland security projectThe term eligible homeland
			 security infrastructure project means a project eligible for assistance
			 under section 70107 of title 46, United States Code.
			(7)Eligible
			 projectThe term
			 eligible project means any eligible goods movement improvement
			 project, eligible homeland security project, or eligible environmental
			 project.
			(8)Forty-foot
			 equivalent unitThe term forty-foot equivalent
			 unit means a shipping container that measures approximately 39.5 feet
			 by 7.8 feet by 7.10 feet.
			(9)Interstate
			 commerceThe term “interstate
			 commerce” means commerce between any place in a State and any place outside of
			 that State, or within any possession of the United States (not including the
			 Canal Zone) or the District of Columbia, and commerce between places within the
			 same State but through any place outside of that State.
			(10)National Goods
			 Movement Improvement AccountThe term National Goods
			 Movement Improvement Account means the separate account established by
			 section 5.
			(11)National Goods
			 Movement Improvement Grant ProgramThe term National Goods Movement
			 Improvement Grant Program means the grant program authorized by section
			 6.
			(12)SecretaryThe
			 term Secretary means the Secretary of Transportation.
			(13)StateThe term State means any of
			 the 50 States, the District of Columbia, American Samoa, Guam, the Northern
			 Mariana Islands, Puerto Rico, the Virgin Islands, and any other territory or
			 possession of the United States.
			(14)State
			 transportation departmentThe term State transportation
			 department has the meaning such term has under section 101 of title 23,
			 United States Code.
			(15)Twenty-foot
			 equivalent unitThe term twenty-foot equivalent
			 unit means a shipping container that measures approximately 20 feet by
			 8 feet by 8 feet.
			(16)United
			 StatesThe term United
			 States means the 50 States, the District of Columbia, American Samoa,
			 Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands, and any
			 other territory or possession of the United States.
			4.Fee
			 structure
			(a)EstablishmentNot
			 later than 180 days after the date of enactment of this Act, the Secretary
			 shall issue regulations to establish a national container fee to be collected
			 on each cargo container that is imported into the United States or exported out
			 of the United States in commerce at a covered seaport.
			(b)AmountThe
			 amount of the fee to be collected on a cargo container under subsection (a)
			 shall be—
				(1)$25 for a
			 twenty-foot equivalent unit; and
				(2)$50 for a forty-foot equivalent
			 unit.
				(c)PaymentThe beneficial cargo owner of merchandise
			 in a cargo container subject to the fee to be collected under subsection (a)
			 shall be responsible for payment of the fee. If there is more than one
			 beneficial cargo owner with respect to merchandise in a cargo container subject
			 to the fee to be collected under subsection (a), each beneficial cargo owner
			 shall be responsible for payment of an equal portion of the fee.
			(d)CollectionThe Secretary, in cooperation with the
			 Commissioner of U.S. Customs and Border Protection, shall provide for
			 collection of the fee under subsection (a).
			(e)Container
			 formNot later than 90 days after the date of enactment of this
			 Act, the Secretary, in cooperation with the Commissioner of U.S. Customs and
			 Border Protection, shall provide for modification of shippers export
			 declaration and entry summary forms to include a listing of the number of cargo
			 containers being used by each beneficial cargo owner per shipment.
			(f)DepositAmounts received at covered seaports by the
			 United States as a result of the fee to be collected under subsection (a) shall
			 be deposited into the National Goods Movement Improvement Account established
			 under section 5 on a quarterly basis.
			(g)Adjustments of
			 fees
				(1)In
			 generalAfter the last day of the 5-year period beginning on the
			 date of enactment of this Act, the Secretary may increase or decrease the
			 amount of the fee to be collected under subsection (a) based on infrastructure
			 funding needs identified under the National Goods Movement Improvement Grant
			 Program authorized by section 6.
				(2)Congressional
			 notificationThe Secretary shall provide written notice to
			 Congress of any proposed increase or decrease of the fee at least 30 days
			 before the increase or decrease takes effect.
				(3)LimitationParagraph
			 (1) shall not be construed to authorize the Secretary to eliminate the
			 fee.
				(h)Termination of
			 feeThe fee established pursuant to subsection (a) shall not
			 apply after September 30, 2018.
			5.Account
			(a)EstablishmentThere is established in the Treasury a
			 separate account to be known as the National Goods Movement Improvement
			 Account.
			(b)ContentsThe
			 account shall consist of amounts deposited into the account under this
			 Act.
			(c)UseAmounts
			 in the account shall be available to the Secretary, as provided in
			 appropriations Acts, for making expenditures before October 1, 2019, to meet
			 the obligations of the United States entered into under this Act.
			6.Grant
			 Program
			(a)General
			 authorityThe Secretary shall
			 carry out a program, to be known as the National Goods Movement
			 Improvement Grant Program, to provide funding in accordance with the
			 requirements of this section for eligible projects using amounts appropriated
			 out of the National Goods Movement Improvement Account.
			(b)Administrative
			 expensesThe Secretary may
			 set aside not to exceed one percent of the aggregate amount appropriated out of
			 the National Goods Movement Improvement Account for a fiscal year to pay the
			 administrative costs of the Secretary in carrying out this Act.
			(c)Apportionment of
			 funds
				(1)In
			 generalOn October 1 of a fiscal year, after setting aside funds
			 under subsection (b), the Secretary shall apportion 50 percent of the remaining
			 funds appropriated out of the National Goods Movement Improvement Account for
			 the fiscal year among the States in the form of grants in the ratio
			 that—
					(A)the amount of fees
			 collected under section 4 during the preceding fiscal year that are
			 attributable to a covered seaport located in the State; bears to
					(B)the aggregate
			 amount of fees collected under section 4 during the preceding fiscal
			 year.
					(2)Availability of
			 amounts to State transportation departmentsAmounts apportioned
			 to a State under this subsection shall be made available its State
			 transportation department. Such amounts may not be transferred to any other
			 entity.
				(3)Eligible
			 projectsA State transportation department may obligate funds
			 apportioned to the State under this subsection only for eligible projects that
			 have been approved by the Secretary in accordance with such procedures as the
			 Secretary may require.
				(4)Allocations of
			 apportioned fundsOf the amounts apportioned to a State under
			 this subsection for a fiscal year—
					(A)80 percent shall
			 be available only for eligible goods movement improvement projects;
					(B)10 percent shall be available only for
			 eligible homeland security projects; and
					(C)10 percent shall be available only for
			 eligible environmental projects.
					(d)Discretionary
			 grants
				(1)In
			 generalAfter setting aside funds under subsection (b) and making
			 apportionments under subsection (c), the remaining funds appropriated out of
			 the National Goods Movement Improvement Account for a fiscal year shall be
			 available to the Secretary for making discretionary grants for eligible
			 projects under this subsection.
				(2)Eligible
			 recipientsA State
			 transportation department, owner or operator of a covered seaport, or owner or
			 operator of a railroad shall be eligible to receive a grant under this
			 subsection. A grant received under this subsection may not be transferred to
			 any other entity.
				(3)ApplicationsA State transportation department, owner or
			 operator of a covered seaport, or owner or operator of a railroad seeking a
			 grant under this subsection shall submit to the Secretary an application that
			 is in such form and contains such information as the Secretary may
			 require.
				(4)Allocation of
			 grant awardsOf the amounts
			 awarded in grants under this subsection for a fiscal year—
					(A)80 percent shall
			 be available only for eligible goods movement improvement projects;
					(B)10 percent shall
			 be available only for eligible homeland security projects; and
					(C)10 percent shall
			 be available only for eligible environmental projects.
					(e)Project
			 selection guidelines
				(1)In
			 generalNot later than 180
			 days after the date of enactment of this Act, the Secretary shall establish
			 guidelines for the selection of projects for grant funding under subsections
			 (c) and (d).
				(2)Availability of
			 guidelinesThe Secretary shall make the guidelines established
			 under this subsection available to State departments of transportation, owners
			 and operators of covered seaports, and owners and operators of
			 railroads.
				(3)Minimum
			 requirementsIn establishing the guidelines under this
			 subsection, the Secretary shall ensure that the sponsor of an eligible project
			 receiving grant funding under this Act can demonstrate—
					(A)a financial need for the use of Federal
			 funding for the project; and
					(B)a clear and
			 definable purpose for the project, including how the project will promote one
			 or more of the goals of—
						(i)improved highway,
			 rail, and port goods movement;
						(ii)greater security;
			 and
						(iii)support for
			 projects that mitigate environmental damage caused by the movement of
			 goods.
						(4)Projects
			 accomplishing multiple goalsIn establishing the guidelines under
			 this subsection, the Secretary shall encourage the selection of projects that
			 accomplish multiple goals described in paragraph (3)(B).
				(5)Planning
			 requirementsIn establishing
			 the guidelines under this subsection, the Secretary shall ensure that eligible
			 goods movement improvement projects are selected in accordance with applicable
			 metropolitan and statewide planning processes, including sections 134 and 135
			 of title 23, United States Code.
				(f)Location of
			 projects
				(1)Projects carried
			 out using apportioned fundsA project carried out using amounts
			 apportioned to a State under subsection (c) shall be physically located, in
			 whole or in part, on the site of a covered seaport located in the State or
			 within a 40-mile radius of such a site.
				(2)Projects carried
			 out using discretionary grants
					(A)Projects at or
			 near a covered seaportThe Secretary shall ensure that an amount
			 equal to at least 90 percent of the funds awarded in discretionary grants under
			 subsection (d) is used to carry out projects that are physically located, in
			 whole or in part, on the site of a covered seaport or within a 40-mile radius
			 of such a site.
					(B)Other
			 projectsThe Secretary shall
			 ensure that any project receiving funds awarded in discretionary grants under
			 subsection (d) that is not physically located, in whole or in part, on the site
			 of a covered seaport or within a 40-mile radius of such a site—
						(i)is
			 part of a goods movement chain that originates at a covered seaport;
						(ii)is
			 designed to accomplish multiple goals described in subsection (e)(3)(B);
			 and
						(iii)is physically located, in whole or in part,
			 within a 100-mile radius of a covered seaport.
						(C)Annual
			 reportThe Secretary shall provide to Congress, on an annual
			 basis, a report containing a description of the projects selected under
			 subparagraph (B) in the preceding fiscal year and the reasons for selection of
			 the projects.
					7.Administrative
			 provisions
			(a)Date available
			 for obligationAuthorizations
			 from the National Goods Movement Improvement Account shall be available for
			 obligation on the date of their apportionment or allocation or on October 1 of
			 the fiscal year for which they are authorized, whichever occurs first.
			(b)Period of
			 availabilityFunds apportioned or allocated to a State department
			 of transportation, owner or operator of a covered seaport, or owner or operator
			 of a railroad for a project shall remain available for obligation for such
			 purpose for a period of 2 years after the last day of the fiscal year for which
			 the funds are authorized. Any funds so apportioned or allocated that remain
			 unobligated at the end of such period shall be distributed by the Secretary in
			 discretionary grants under section 6(d) in the subsequent fiscal year.
			(c)Grants as
			 contractual obligationsA grant for a project under this Act that
			 is approved by the Secretary is a contractual obligation of the Government to
			 pay the Federal share of the cost of the project.
			(d)Construction
			 standardsA project to be
			 carried out with assistance under this Act that is for a highway that is on a
			 Federal-aid system (as such terms are defined in section 101 of title 23,
			 United States Code) shall be constructed to the same standards that would apply
			 if such project was being carried out with assistance under chapter 1 of title
			 23, United States Code.
			(e)Prevailing
			 rate of wageSection 113 of
			 title 23, United States Code, shall apply to a project being carried out with
			 assistance provided under this Act in the same manner and to the same extent as
			 such section would apply if such project was being carried out with assistance
			 provided under chapter 1 of such title.
			(f)Federal
			 share
				(1)In
			 generalThe Federal share of the cost of a project for which a
			 grant is made under this Act shall be 75 percent.
				(2)Non-Federal
			 shareThe non-Federal share of the cost of a project for which a
			 grant is made under this Act may not be provided from Federal funds made
			 available under any other law (including funds from the Highway Trust
			 Fund).
				(g)ProhibitionNo
			 funds made available under this section may be used by grant recipients to
			 conduct a study related to a future project.
			8.Reporting
			 requirement
			(a)Report to
			 CongressNot later than
			 December 31, 2010, and annually thereafter during the term of the National
			 Goods Movement Improvement Grant Program (in this section referred to as the
			 program), the Secretary shall submit to Congress a report on the
			 results of the program.
			(b)ContentsThe
			 report to be submitted under subsection (a) shall include, at a minimum—
				(1)a description of the impact that the
			 program has had on enhancing the efficiency of goods movement across the United
			 States, enhancing the security of the movement of goods, and supporting
			 programs that mitigate the environmental damage caused by the movement of
			 goods;
				(2)a list identifying each project selected
			 for funding under the program during the prior fiscal year and the amount of
			 funding provided under this Act for the project;
				(3)a
			 description of the impact, if any, that the program has had on the cost of
			 imported consumer goods in the United States;
				(4)an assessment of
			 the current condition of the National Goods Movement Improvement
			 Account;
				(5)an
			 assessment of the level of efficiency with which the Secretary distributes
			 amounts from the National Goods Movement Improvement Account to projects
			 nationwide;
				(6)recommendations
			 regarding the potential for expansion or other changes to the program,
			 including adjustments to the fee collected under section 4 to ensure that the
			 fee is producing sufficient funding for the program; and
				(7)recommendations
			 regarding whether the program should be reauthorized by Congress and, if so,
			 whether the fee collected under section 4 should be increased or decreased to
			 support infrastructure spending.
				(c)ConsultationIn
			 developing the report to be submitted under subsection (a), the Secretary shall
			 consult with the Secretary of Commerce, the Secretary of Homeland Security, and
			 the Administrator of the Environmental Protection Agency.
			9.Authorization of
			 appropriationsThere are
			 authorized to be appropriated out of the National Goods Movement Improvement
			 Account to carry out this Act for each of fiscal years 2009 through 2019 such
			 sums as were deposited in the Account during the preceding fiscal year.
		10.Sunset
			 provisionThe authority of the
			 Secretary to make grants under this Act shall continue in effect until October
			 1, 2019.


113 HR 5550 IH: Justice Act
U.S. House of Representatives
2014-09-18
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
113th CONGRESS
2d Session
H. R. 5550
IN THE HOUSE OF REPRESENTATIVES

September 18, 2014
Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To provide for a reduction in the amount that may be awarded to a unit of local government under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) for a unit of local government that funds an amount that is greater than 18 percent of its operating budget using revenue generated from collecting fines and other fees related to violations of traffic laws, and for other purposes.

1.Short titleThis Act may be cited as the The Urban and Municipal Justice Act of 2014 or the Justice Act.
2.FindingsCongress finds the following:
(1)The growing trend of local units of government using traffic fines and traffic court fees and costs as revenue generators promotes unfair, excessive targeting of citizens by law enforcement agents, infringes on civil liberties, and promotes reliance on unpredictable revenue sources.
(2)The growing trend of local units of government using traffic fines and traffic court fees and costs as revenue generators has the potential to breed public cynicism and distrust of local law enforcement agencies, and to lessen public confidence that the laws are being enforced impartially and the criminal justice system is administered equally.
3.Reduction in grant funding for units of local government
(a)Collection of fines for violations of traffic lawsExcept as provided in subsection (b), a unit of local government which, during the previous 3 fiscal years, funded an amount that, on average, was greater than 18 percent of its operating budget using revenue generated from collecting fines and other fees related to violations of traffic laws, shall, in the case of a unit of local government receiving grant funds under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), receive only 25 percent of the grant award that would have otherwise been awarded to that unit of local government under such subpart.
(b)Disproportionate racial composition of law enforcement agenciesIn the case of a unit of local government described in subsection (a) for which, during the previous fiscal year, the percentage of individuals who identify as a race who were employees of the law enforcement agency for that unit of local government, and the percentage of individuals who identify as that race who live in the jurisdiction which that law enforcement agency serves, differs by greater than 30 percent, the unit of local government shall receive only 5 percent of the grant award that would have otherwise been awarded to that unit of local government under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).
(c)Obligation of StatesA State that receives a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), which does not reduce a subgrant award made under such grant to a unit of local government in its jurisdiction in accordance with this section, shall, in the succeeding fiscal year, receive only 50 percent of the grant award that would have otherwise been awarded to that State under such subpart.
(d)ReallocationAny funds withheld from a State or unit of local government from a direct grant award by the Attorney General shall be reallocated in accordance with subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).


		I
		111th CONGRESS
		2d Session
		H. R. 4731
		IN THE HOUSE OF REPRESENTATIVES

			March 2, 2010
			Ms. Watson introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend title XIX of the Social Security Act to ensure
		  access to resin-based dental fillings that, at a minimum, is equal to the level
		  of access to mercury-based dental fillings under such title.

		1.Short titleThis Act may be cited as the
			 Medicaid Options for Dental Fillings
			 Act of 2010.
		2.Changes to
			 Medicaid to ensure equal access to resin-based dental fillings
			(a)Changes to
			 Medicaid cost-Sharing rules for dental fillings
				(1)In
			 generalSection 1916 of the
			 Social Security Act (42 U.S.C. 1396o) is amended by adding at the end the
			 following new subsection:

						(k)Dental
				fillingsWith respect to an
				individual, the amount of cost-sharing charged under this section or under
				section 1916A for a resin-based dental filling—
							(1)shall not exceed
				the amount charged in the State for a mercury-based dental filling on January
				1, 2010; and
							(2)in the case that
				the State charges an amount for a mercury-based dental filling and such amount
				is less than the amount under
				paragraph (1), shall not exceed the amount
				that the State charges for a mercury-based dental
				filling.
							.
				(2)Conforming
			 changeSection 1916A(a)(1) of such Act (42 U.S.C. 1396o–1(a)(1))
			 is amended—
					(A)by striking
			 Notwithstanding sections 1916 and 1902(a)(10)(B) and inserting
			 Notwithstanding section 1902(a)(10)(B) and subsections (a) through (j)
			 of section 1916; and
					(B)by inserting
			 and section 1916(k) after paragraph (2).
					(b)Changes in
			 Medicaid reimbursement rates for resin-Based dental
			 fillingsSection 1903 of the Social Security Act (42 U.S.C.
			 1396b) is amended by adding at the end the following new subsection:

					(aa)In order to receive payments under
				subsection (a) for dental fillings, a State must reimburse providers for
				resin-based dental fillings at a rate that is the greater of—
						(1)a rate set by the
				State; or
						(2)a rate for such
				fillings that is proportional, relative to the cost of such fillings, to the
				greater of—
							(A)the rate at which
				the State reimburses providers for mercury-based dental fillings, relative to
				the cost of such fillings; or
							(B)the rate at which
				the State reimbursed providers for mercury-based dental fillings, relative to
				the cost of such fillings, on January 1,
				2010.
							.
			(c)Effective
			 dateThe amendments made by this section shall be effective for
			 dental fillings provided on or after the date that is 60 days after the date of
			 the enactment of this section.
			(d)Exception for
			 State legislationIn the case
			 of a State plan under title XIX or State child health plan under XXI of the
			 Social Security Act, which the Secretary of Health and Human Services
			 determines requires State legislation in order for the respective plan to meet
			 one or more additional requirements imposed by amendments made by this section,
			 the respective plan shall not be regarded as failing to comply with the
			 requirements of such title solely on the basis of its failure to meet such an
			 additional requirement before the first day of the first calendar quarter
			 beginning after the close of the first regular session of the State legislature
			 that begins after the date of enactment of this section. For purposes of the
			 previous sentence, in the case of a State that has a 2-year legislative
			 session, each year of the session shall be considered to be a separate regular
			 session of the State legislature.


		II

		109th CONGRESS

		2d Session

		S. 2380

		IN THE SENATE OF THE UNITED STATES

			March 7, 2006

			Mr. Dodd introduced the

			 following bill; which was read twice and referred to the

			 Committee on Banking, Housing, and Urban

			 Affairs

		A BILL

		To add the heads of certain Federal intelligence agencies

		  to the Committee on Foreign Investment in the United States, to require

		  enhanced notification to Congress and for other purposes.

		1.Short

			 titleThis Act may be cited as

			 the U.S. National Security Protection

			 Act of 2006.

		2.DefinitionsAs used in this Act—

			(1)the term

			 Committee on Foreign Investment in the United States or

			 CFIUS means the committee established by the President under

			 Executive Order 11858, May 7, 1975, and any successor thereto; and

			(2)the term

			 intelligence community has the same meaning as in section 3(4)

			 of the National Security Act of 1947 (50 U.S.C. 401a(4)).

			3.Committee on

			 foreign investment in the United States

			(a)CFIUS

			 membership

				(1)Directors of

			 National intelligence and central intelligenceNotwithstanding any other provision of law,

			 the Director of National Intelligence and the Director of Central Intelligence

			 shall be members of the Committee on Foreign Investment in the United

			 States.

				(2)Vice

			 chairsThe Secretary of

			 Homeland Security and the Secretary of Defense shall serve as vice chairs of

			 the Committee on Foreign Investment in the United States.

				(b)Subcommittee on

			 IntelligenceNot later than 30 days after the date of enactment

			 of this Act, the President shall establish within the Committee on Foreign

			 Investment in the United States a Subcommittee on Intelligence, which shall

			 be—

				(1)chaired by the

			 Director of National Intelligence; and

				(2)comprised of the

			 head of each member of the intelligence community.

				4.Subcommittee

			 Review of CFIUS InvestigationsSection 721 of the Defense Production Act of

			 1950 (50 U.S.C. App. 2170) is amended by adding at the end the

			 following:

				(l)Intelligence

				Subcommittee Reviews of investigations

					(1)Pre-investigation

				review and commentThe Subcommittee on Intelligence of the

				Committee on Foreign Investment in the United States shall—

						(A)review

				information relating to a proposed merger, acquisition, or takeover, during the

				15-day period following the date of receipt of such information, and before the

				commencement of any investigation under subsection (a) or (b); and

						(B)provide written

				comments on any determination by the President or CFIUS not to conduct an

				investigation under subsection (a).

						(2)Post-investigation

				review and commentThe Subcommittee on Intelligence of the

				Committee on Foreign Investment in the United States shall—

						(A)review each

				investigation conducted by the President or CFIUS under subsections (a) and

				(b); and

						(B)provide written

				comments on the results of each such

				investigation.

						.

		5.Treatment of

			 critical infrastructure as affecting national securitySection 721(b) of the Defense Production Act

			 of 1950 (50 U.S.C. App. 2170(b)) is amended by inserting after commerce

			 in the United States the following: , including any person that

			 owns, controls, or operates any critical infrastructure, as defined in section

			 1016(e) of the USA PATRIOT Act (42 U.S.C. 5195c(e)),.

		6.Certification of

			 national security determinations

				(m)Presidential or

				chair certification of threat determinations

					(1)In

				generalNotwithstanding any other provision of law, a final

				determination that an investigation under subsection (a) is not required with

				respect to a merger, acquisition, or takeover may be made only—

						(A)by the President,

				in any case in which the President is acting on the President's own behalf

				under subsection (a); or

						(B)by the Secretary

				of the Treasury, with the concurrence of the Secretary of Homeland Security and

				the Secretary of Defense, in their respective capacities as chair and vice

				chairs of CFIUS, in any case in which CFIUS is acting as the President's

				designee under subsection (a).

						(2)Certifications

				required

						(A)Presidential

				determinationsIn any instance in which the President is acting

				on his or her own behalf under subsection (a), the President shall certify in

				writing to a final determination that an investigation under subsection (a) is

				not required with respect to a merger, acquisition, or takeover, and such

				certification requirement may not be delegated to any person.

						(B)CFIUS

				determinationsIn any instance in which CFIUS is acting as the

				President's designee under subsection (a), the Secretary of the Treasury, the

				Secretary of Homeland Security, and the Secretary of Defense shall each certify

				in writing to a final determination that an investigation under subsection (a)

				is not required with respect to a merger, acquisition, or takeover, and such

				certification requirement may not be delegated to any person.

						(3)NonconcurrenceIf

				there is not concurrence among the chair and vice chairs of CFIUS for purposes

				of paragraph (1)(B), the President shall make the final determination that an

				investigation under subsection (a) is not required with respect to a merger,

				acquisition, or takeover, and the President shall certify such determination in

				writing.

					.

		7.Mandatory

			 submission of informationSection 721(c) of the Defense Production Act

			 of 1950 (50 U.S.C. App. 2170(c)) is amended—

			(1)in the subsection

			 heading, by striking Confidentiality of and inserting

			 Submission

			 of;

			(2)by striking

			 Any information or documentary material filed and inserting the

			 following:

					(1)Required

				submissionsEach person

				controlled by or acting on behalf of a foreign government or foreign person

				shall—

						(A)notify the President or the President's

				designee in writing of any proposed merger, acquisition, or takeover of any

				United States critical infrastructure (as defined in section 1016(e) of the USA

				PATRIOT Act (42 U.S.C. 5195c(e))); and

						(B)provide such information to the President

				or the President's designee with respect to such proposed transaction as may be

				necessary for purposes of this section.

						(2)Confidentiality

				of informationAny information or documentary material filed,

				either voluntarily or under paragraph

				(1),

					.

			8.Notices of

			 reviews and investigations and Quarterly reports requiredSection 721 of the Defense Production Act of

			 1950 (50 U.S.C. App. 2170) is amended by adding at the end the

			 following:

				(n)Notices of

				Reviews and investigations and quarterly Reports to Congress

					(1)Notices to

				congressThe President or the President's designee shall notify

				the appropriate committees of Congress—

						(A)not later than 15

				days after the date of receipt of written notification of a proposed or pending

				merger, acquisition, or takeover described in subsection (a) or (b); and

						(B)at the

				commencement of each investigation under subsection (a) or (b).

						(2)Quarterly

				reports to congress

						(A)In

				generalThe President shall, on a quarterly basis, submit to

				Congress a report on all mergers, acquisitions, and takeovers that were the

				subject of investigation or review under this section during the quarter,

				including any comments submitted under subsection (l)(2).

						(B)FormEach

				report required under subparagraph (A) may be submitted in unclassified form,

				and may contain a classified

				annex.

						.

		9.CFIUS as

			 President's designee under defense production actSection 721 of the Defense Production Act of

			 1950 (50 U.S.C. App. 2170) is amended by adding at the end the

			 following:

				(o)DesigneeNotwithstanding any other provision of law,

				the President's designee for purposes of this section shall be the Committee on

				Foreign Investment in the United States, established by order of the President

				in Executive Order 11858, May 7, 1975 (in this section referred to as

				CFIUS), or any successor

				thereto.

				.


		II

		109th CONGRESS

		2d Session

		S. 2383

		IN THE SENATE OF THE UNITED STATES

			March 7, 2006

			Mr. Baucus introduced

			 the following bill; which was read twice and referred to the

			 Committee on Environment and Public

			 Works

		A BILL

		To amend the Safe, Accountable, Flexible, Efficient

		  Transportation Equity Act: A Legacy for Users to make a technical

		  correction.

		1.Contract authority

			(a)In

			 generalSection 1940 of the Safe, Accountable, Flexible,

			 Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59; 119

			 Stat. 1511) is amended by adding at the end the following:

					(c)Contract

				authorityFunds made available to carry out this section shall be

				available for obligation in the same manner as if the funds were apportioned

				under chapter 1 of title 23, United States

				Code.

					.

			(b)RecisionOf

			 the unobligated balances of funds apportioned to States under chapter 1 of

			 title 23, United States Code, $50,000,000 is rescinded.


113 SRES 43 PCS: Authorizing expenditures by the Committee on Rules and Administration.
U.S. Senate
2013-02-26
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.

		III
		Calendar No. 17
		113th CONGRESS
		1st Session
		S. RES. 43
		IN THE SENATE OF THE UNITED STATES

			February 26, 2013
			Mr. Schumer, from the
			 Committee on Rules and
			 Administration, reported the following original resolution;
			 which was placed on the calendar

		RESOLUTION
		Authorizing expenditures by the Committee
		  on Rules and Administration.

		That, in carrying out its powers, duties,
			 and functions under the Standing Rules of the Senate, in accordance with its
			 jurisdiction under rule XXV of such rules, including holding hearings,
			 reporting such hearings, and making investigations as authorized by paragraphs
			 1 and 8 of rule XXVI of the Standing Rules of the Senate, the
			 Committee on Rules and
			 Administration is authorized from March 1, 2013, through
			 September 30, 2013, in its discretion (1) to make expenditures from the
			 contingent fund of the Senate, (2) to employ personnel, and (3) with the prior
			 consent of the Government department or agency concerned and the
			 Committee on Rules and
			 Administration, to use on a reimbursable or non-reimbursable
			 basis the services of personnel of any such department or agency.
		2.The expenses of the committee for the
			 period March 1, 2013, through September 30, 2013, under this resolution shall
			 not exceed $1,619,831, of which amount (1) not to exceed $43,750 may be
			 expended for the procurement of the services of individual consultants, or
			 organizations thereof (as authorized by section 202(i) of the Legislative
			 Reorganization Act of 1946, as amended), and (2) not to exceed $7,000 may be
			 expended for the training of the professional staff of such committee (under
			 procedures specified by section 202(j) of the Legislative Reorganization Act of
			 1946).
		3.Expenses of the committee under this
			 resolution shall be paid from the contingent fund of the Senate upon vouchers
			 approved by the chairman of the committee, except that vouchers shall not be
			 required (1) for the disbursement of salaries of employees paid at an annual
			 rate, or (2) for the payment of telecommunications provided by the Office of
			 the Sergeant at Arms and Doorkeeper, United States Senate, or (3) for the
			 payment of stationery supplies purchased through the Keeper of the Stationery,
			 United States Senate, or (4) for payments to the Postmaster, United States
			 Senate, or (5) for the payment of metered charges on copying equipment provided
			 by the Office of the Sergeant at Arms and Doorkeeper, United States Senate, or
			 (6) for the payment of Senate Recording and Photographic Services, or (7) for
			 payment of franked and mass mail costs by the Sergeant at Arms and Doorkeeper,
			 United States Senate.
		4.There are authorized such sums as may be
			 necessary for agency contributions related to the compensation of employees of
			 the committee from March 1, 2013, through September 30, 2013, to be paid from
			 the Appropriations account for Expenses of Inquiries and
			 Investigations.

		February 26, 2013
		Reported the following original resolution; which was placed
		  on the calendar


116 HR 6689 IH: Accountability for Acting Officials Act
U.S. House of Representatives
2020-05-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 6689IN THE HOUSE OF REPRESENTATIVESMay 1, 2020Ms. Porter (for herself, Mrs. Carolyn B. Maloney of New York, Mr. Thompson of Mississippi, Mr. Smith of Washington, Mr. Grijalva, Mr. Nadler, Mr. Connolly, Mr. Takano, and Mr. Schiff) introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo amend title 5, United States Code, to modify the provisions of that title relating to the Federal Vacancies Reform Act of 1998, and for other purposes.1.Short titleThis Act may be cited as the Accountability for Acting Officials Act.2.Clarification of Federal Vacancies Reform Act of 1998(a)First assistant requirementsSection 3345 of title 5, United States Code, is amended as follows:(1)In subsection (a)—(A)in paragraph (1), by adding at the end before the semi-colon the following: , but, and except as provided in subsection (e), only if the individual serving in the position of first assistant has occupied such position for a period of at least 30 days during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve; and(B)by striking subparagraph (A) of paragraph (3) and inserting the following:(A)the officer or employee served in a position in such agency for a period of at least 1 year preceding the date of death, resignation, or beginning of inability to serve of the applicable officer; and .(2)By adding at the end the following:(d)For purposes of this section, a position shall be considered to be the first assistant to the office with respect to which a vacancy occurs only if such position has been designated, at least 30 days before the date of the vacancy, by law, rule, or regulation as the first assistant position. The previous sentence shall begin to apply on the date that is 180 days after the date of enactment of the Accountability for Acting Officials Act. (e)The 30-day service requirement in subsection (a)(1) shall not apply to any individual who is a first assistant if—(1)the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and(2)the Senate has approved the appointment of such individual to such office..(b)QualificationsSection 3345(b) of title 5, United States Code, is amended by adding at the end the following:(3)Any individual directed to perform the functions and duties of the vacant office temporarily in an acting capacity under subsection (a)(2) or (f) shall possess the qualifications (if any) set forth in law, rule, or regulation that are otherwise applicable to an individual appointed by the President, by and with the advice and consent of the Senate, to occupy such office..(c)Application to individuals removed from officeParagraph (2) of section 3345(c) of title 5, United States Code, is amended by inserting after the expiration of a term of office the following: or removal (voluntarily or involuntarily) from office. (d)Vacancy of Inspector General positions(1)In generalSection 3345 of title 5, United States Code, as amended by subsection (a)(2), is further amended by adding at the end the following:(f)(1)Notwithstanding subsection (a), if an Inspector General position that requires appointment by the President by and with the advice and consent of the Senate to be filled is vacant, the first assistant (if any) of such position shall serve as the acting Inspector General.(2)Notwithstanding subsection (a), if for purposes of carrying out paragraph (1) of this subsection there is no first assistant, an acting Inspector General shall be appointed by the President from among individuals serving in an office of any Inspector General who occupy a position at the Senior Executive Service level or higher..(2)ApplicationThe amendment made by paragraph (1) shall apply to any vacancy first occurring with respect to an Inspector General position on or after the date of enactment of this Act.(e)Testimony of acting officials before CongressSection 3345 of title 5, United States Code, as amended by subsection (d)(1), is further amended by adding at the end the following:(g)(1)Any individual serving as an acting officer due to a vacancy to which this section applies, or any individual who has served in such capacity and continues to perform the same or similar duties beyond the time limits described in section 3346, shall appear, at least once during any 60-day period that the individual is so serving, before the appropriate committees of jurisdiction of the House of Representatives and the Senate.(2)Paragraph (1) may be waived upon mutual agreement of the chairs and ranking members of such committees..(f)Time limitation for principal officersSection 3346 of title 5, United States Code, is amended—(1)in subsection (a), by inserting or as provided in subsection (d) after sickness; and(2)by adding at the end the following:(d) With respect to the vacancy of the position of head of any agency listed in subsection (b) of section 901 of title 31, or any other position that is within the President's cabinet and to which this section applies, subsections (a) through (c) of this section and sections 3348(c), 3349(b), and 3349a(b) shall be applied by substituting 120 for 210 in each instance. .(g)ExclusivitySection 3347 of title 5, United States Code, is amended—(1)by redesignating subsection (b) as subsection (c); and(2)by inserting after subsection (a) the following:(b)Notwithstanding subsection (a), any statutory provision covered under paragraph (1) of such subsection that contains a non-discretionary order or directive to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity shall be the exclusive means for temporarily authorizing an acting official to perform the functions and duties of such office..(h)Reporting of vacancies(1)In generalSection 3349 of title 5, United States Code, is amended—(A)in subsection (a)—(i)by striking immediately upon in each instance and inserting not later than 7 days after; (ii)in paragraph (3), by striking and at the end;(iii)in paragraph (4), by striking the period at the end and inserting ; and; and(iv)by adding at the end the following:(5)notification of the end of the term of service of any person serving in an acting capacity and the name of any subsequent person serving in an acting capacity and the date the service of such subsequent person began not later than 7 days after such date.; and(B)in subsection (b), by striking immediately and inserting not later than 14 days after the date of such determination.(2)Technical correctionsParagraphs (1) and (2) of subsection (b) of such section 3349 are amended to read as follows:(1)the Committee on Homeland Security and Governmental Affairs of the Senate;(2)the Committee on Oversight and Reform of the House of Representatives; .(i)Vacancies during presidential inaugural transitionsSubsection (b) of section 3349a of title 5, United States Code, is amended to read as follows:(b)Notwithstanding section 3346 (except as provided in paragraph (2) of this subsection) or 3348(c), with respect to any vacancy that exists on a transitional inauguration day, or that arises during the 60-day period beginning on such day, the person serving as an acting officer as described under section 3345 may serve in the office—(1)for no longer than 300 days beginning on such day; or(2)subject to subsection 3346(b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate..


116 HR 148 IH: Byron Nash Renal Medullary Carcinoma Awareness Act of 2019
U.S. House of Representatives
2019-01-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 148IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2019Mr. Green of Texas introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title XIX of the Social Security Act to provide incentives for education on the risk of
			 renal medullary carcinoma in individuals who are receiving medical
			 assistance under such title and who have Sickle Cell Disease.

 1.Short titleThis Act may be cited as the Byron Nash Renal Medullary Carcinoma Awareness Act of 2019. 2.Providing incentives for education on risk of renal medullary carcinoma to individuals with Sickle Cell Disease under Medicaid (a)In generalSection 1903(a)(3)(E)(ii) of the Social Security Act (42 U.S.C. 1396b(a)(3)(E)(ii)) is amended by inserting , renal medullary carcinoma, after stroke each place it appears.
 (b)Effective dateThe amendments made by subsection (a) shall apply with respect to items and services furnished on or after the date of the enactment of this Act.


116 S2947 IS: Stop CO Poisoning Exposures Act
U.S. Senate
2019-11-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 2947IN THE SENATE OF THE UNITED STATESNovember 21, 2019Mr. Blumenthal (for himself, Mrs. Fischer, and Mr. Markey) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo require the Secretary of Transportation to finalize a rule to protect consumers from the risks
			 of carbon monoxide poisoning from keyless ignition motor vehicles, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Stop CO Poisoning Exposures Act or the SCOPE Act. 2.Rulemaking to install automatic shutoff systems in motor vehicles (a)DefinitionsIn this section:
 (1)KeyThe term key has the meaning given the term in section 571.114 of title 49, Code of Federal Regulations (or successor regulations).
 (2)ManufacturerThe term manufacturer has the meaning given the term in section 30102(a) of title 49, United States Code.
				(3)Motor vehicle
 (A)In generalThe term motor vehicle has the meaning given the term in section 30102(a) of title 49, United States Code. (B)ExclusionsThe term motor vehicle does not include—
 (i)a motorcycle or trailer (as those terms are defined in section 571.3 of title 49, Code of Federal Regulations) (or successor regulations);
 (ii)any motor vehicle that is rated at more than 10,000 pounds gross vehicular weight; or (iii)a battery electric vehicle.
 (4)SecretaryThe term Secretary means the Secretary of Transportation. (b)Automatic shutoff systems for motor vehicles (1)Final rule (A)In generalNot later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule amending section 571.114 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 114), to require manufacturers to install technology in each motor vehicle equipped with a keyless ignition device and an internal combustion engine to automatically shut off the motor vehicle after the motor vehicle has idled for the period designated under subparagraph (B).
					(B)Period described
 (i)In generalThe period referred to in subparagraph (A) is the period designated by the Administrator of the National Highway Traffic Safety Administration as necessary to prevent carbon monoxide poisoning.
 (ii)Different periodsThe Administrator of the National Highway Traffic Safety Administration may designate different periods under clause (i) for different types of motor vehicles, depending on the rate at which the motor vehicle emits carbon monoxide, if—
 (I)the Administrator determines a different period is necessary for a type of motor vehicle for purposes of section 30111 of title 49, United States Code; and
 (II)requiring a different period for a type of motor vehicle is consistent with the prevention of carbon monoxide poisoning.
 (2)DeadlineThe rule under paragraph (1) shall become effective on September 1 of the year that is 1 year after the date on which the Secretary issued that rule.


113 HR 4218 IH: Yuma Crossing National Heritage Area Reauthorization Act
U.S. House of Representatives
2014-03-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4218
		IN THE HOUSE OF REPRESENTATIVES

			March 12, 2014
			Mr. Grijalva (for himself and Mr. Pastor of Arizona) introduced the following bill; which was referred to the Committee on Natural Resources

		A BILL
		To reauthorize the Yuma Crossing National Heritage Area.

		1.Short titleThis Act may be cited as the Yuma Crossing National Heritage Area Reauthorization Act.
		2.Reauthorization of Yuma Crossing National Heritage AreaSection 7 of the Yuma Crossing National Heritage Area Act of 2000 (16 U.S.C. 461 note; Public Law
			 106–319; 114 Stat. 1284) is amended by striking 2015 and inserting 2030.


116 S4451 IS: Rural Forest Markets Act of 2020
U.S. Senate
2020-08-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4451IN THE SENATE OF THE UNITED STATESAugust 5, 2020Ms. Stabenow (for herself and Mr. Braun) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryA BILLTo authorize the Secretary of Agriculture to guarantee investments that will open new markets for forest owners in rural areas of the United States, and for other purposes.1.Short titleThis Act may be cited as the Rural Forest Markets Act of 2020.2.Rural Forest Market Investment Program(a)DefinitionsIn this section:(1)RuralThe term rural has the meaning given the term in section 343 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991).(2)SecretaryThe term Secretary means the Secretary of Agriculture.(b)Establishment of program(1)In generalThe Secretary shall establish a program, to be known as the Rural Forest Market Investment Program, to guarantee an environmental impact bond, loan, or other investment vehicle, as determined by the Secretary, issued for the sole purpose of financing eligible projects described in subsection (c), to enable rural private forest landowners to participate in an innovative market for forest carbon or other products.(2)ConsiderationIn establishing the program under paragraph (1), the Secretary may consider ways to ensure that the program minimizes, to the extent practicable, disruptions to traditional forest products markets. (c)Eligible projectsAn eligible project referred to in subsection (b)(1) is a project developed by private entity, or a publicly supported, charitable nonprofit organization, engaged in the aggregation of sustainable forestry practices implemented by rural private forest landowners to facilitate the sale of credits in the voluntary carbon market or other environmental market, using a methodology approved by a credible, third-party entity, as determined by the Secretary. (d)RequirementsA project described in subsection (c) that includes the practice of tree planting may only be carried out, as determined by the Secretary—(1)on land that was historically forested; (2)using tree species that are native to the region and at ecologically appropriate densities; and (3)in a manner that does not create other negative impacts to biodiversity or the environment.(e)Guarantee amountThe Secretary may guarantee not more than $150,000,000 with respect to each bond, loan, or other investment vehicle under subsection (b)(1).(f)RegulationsNot later than 30 days after the date of enactment of this Act, the Secretary shall issue regulations to implement the program established under subsection (b)(1). (g)Termination of authorityThe authority provided by this section terminates on September 30, 2023.


114 SRES 634 IS: Affirming the importance of the security and privacy of the people of the United States.
U.S. Senate
2016-12-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		114th CONGRESS
		2d Session
		S. RES. 634
		IN THE SENATE OF THE UNITED STATES

			December 9, 2016
			Mr. Daines (for himself, Mr. Schatz, and Mr. Coons) submitted the following resolution; which was referred to the Committee on the Judiciary

		RESOLUTION
		Affirming the importance of the security and privacy of the people of the United States.

 Whereas the highest priority of Congress should be ensuring the safety, security, and constitutional freedoms of the United States and the people of the United States;
 Whereas technology has become a critical component of everyday life; Whereas the people of the United States store the most sensitive personal information on digital devices and with cloud services;
 Whereas criminals and terrorists have used digital communications to perpetrate unlawful conduct; Whereas protecting the national security and safety of communities in the United States should not come at the cost of diminished protections under the Fourth Amendment to the Constitution of the United States;
 Whereas the Fourth Amendment to the Constitution of the United States is a cornerstone of freedom for the people of the United States;
 Whereas the Supreme Court of the United States and Federal laws recognize certain privacy rights and interests in the digital information and communications of the people of the United States; and
 Whereas preserving privacy and security is essential for the continued growth of the digital economy: Now, therefore, be it

 That it is the sense of the Senate that— (1)the United States should recognize the need to protect the safety, security, and personal privacy of all people of the United States;
 (2)legal and policy changes that impact the security of the United States and the civil liberties of the people of the United States should be made with the consideration of Congress, the executive branch, and the people of the United States; and
 (3)in considering the changes described in paragraph (2), the United States should recognize the global and economic implications of the security and privacy policies of the United States.


114 HR 6111 IH: Natural Gas Truck Tax Parity Act of 2016
U.S. House of Representatives
2016-09-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I114th CONGRESS2d SessionH. R. 6111IN THE HOUSE OF REPRESENTATIVESSeptember 21, 2016Mr. Ryan of Ohio introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide for a partial exclusion from the excise tax
			 imposed on heavy trucks sold at retail for alternative fuel trucks.

 1.Short titleThis Act may be cited as the Natural Gas Truck Tax Parity Act of 2016. 2.Partial exclusion from excise tax imposed on heavy trucks sold at retail for alternative fuel trucks (a)In generalSection 4051(a) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph:

					(5)Partial exclusion for alternative fuel trucks
 (A)In generalIn the case of any automobile truck chassis, automobile truck body, or tractor subject to tax under paragraph (1) which is fueled wholly or partially by an alternative fuel, the rate of tax shall be reduced by 35 percent.
 (B)Alternative fuelFor purposes of subparagraph (A), the term alternative fuel means compressed natural gas, liquefied natural gas, liquefied petroleum gas, renewable natural gas, hydrogen, and any liquid at least 85 percent of the volume of which consists of methanol..
 (b)Effective dateThe amendment made by subsection (a) shall apply to sales after the date of the enactment of this Act.


109 HR 2917 IH: To suspend temporarily the duty on formulations of Thiamethoxam, Difenoconazole, Fludioxinil, and Mefenoxam.
U.S. House of Representatives
2005-06-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2917
IN THE HOUSE OF REPRESENTATIVES

June 15, 2005
Mr. Castle introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on formulations of Thiamethoxam, Difenoconazole, Fludioxinil, and Mefenoxam.

1.Formulations of Thiamethoxam, Difenoconazole, Fludioxinil, and Mefenoxam
(a)In generalSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

9902.07.44Formulations of Thiamethoxam, Difenoconazole, Fludioxinil and Mefenoxam which contain: Thiamethoxam Technical 3-[(2-chloro-5-thiazolyl)methyl]tetrahydro-5-methyl-N-nitro- 1,3,5-oxadiazin-4-imine), Difenoconazole Technical 1H-1,2,4-triazole, 1-[[2-[2-chloro-4-(4-chlorophenoxy)phenyl]-4-methyl-1,3-dioxolan-2-yl]methyl]- Fludioxinil Technical 1H-Pyrrole-3-carbonitrile, 4-(2,2-difluoro-1,3-benzodioxol-4-yl)- Mefenoxam Technical (R,S)-2-[(2,6-dimethylphenyl]-methoxyacetylamino]-propionic acid methyl ester (CAS Nos. 153719–23–4, 119446–68–3, 131341–86–1, 70630–17–0, and 69516–34–3) (provided for in subheading 3808.20.15)FreeNo changeNo changeOn or before 12/31/2008.
(b)Effective dateThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


117 S1435 IS: Affordable Prescriptions for Patients Act of 2021
U.S. Senate
2021-04-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1435IN THE SENATE OF THE UNITED STATESApril 28, 2021Mr. Cornyn (for himself and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend the Federal Trade Commission Act to prohibit product hopping, and for other purposes.1.Short titleThis Act may be cited as the Affordable Prescriptions for Patients Act of 2021.2.Product hopping(a)In generalThe Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended by inserting after section 26 (15 U.S.C. 57c–2) the following:27.Product hopping(a)DefinitionsIn this section:(1)Abbreviated new drug applicationThe term abbreviated new drug application means any application under subsection (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or an application under subsection (b)(2) of such section 505 that seeks a therapeutic equivalence rating to the reference product.(2)Biosimilar biological productThe term biosimilar biological product means a biological product licensed under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)).(3)Biosimilar biological product license applicationThe term biosimilar biological product license application means an application submitted under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)).(4)Follow-on productThe term follow-on product—(A)means a drug approved through an application or supplement to an application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) or a biological product licensed through an application or supplement to an application submitted under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)) for a change, modification, or reformulation to the same manufacturer’s previously approved drug or biological product that shares an indication, in whole or in part, with the same manufacturer’s previously approved drug or biological product; and(B)excludes such an application or supplement to an application for a change, modification, or reformulation of a drug or biological product that is requested by the Secretary or necessary to comply with law, including sections 505A and 505B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a, 355c).(5)Generic drugThe term generic drug means any drug approved under an application submitted under subsection (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or an application under subsection (b)(2) of such section 505 that seeks a therapeutic equivalence rating to the reference product.(6)Listed drugThe term listed drug means a drug listed under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)).(7)ManufacturerThe term manufacturer means the holder, licensee, or assignee of—(A)an approved application for a drug under section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)); or(B)a biological product license under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)).(8)Reference productThe term reference product has the meaning given the term in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)).(9)Ultimate parent entityThe term ultimate parent entity has the meaning given the term in section 801.1 of title 16, Code of Federal Regulations, or any successor regulation.(b)Prohibition on product hopping(1)Prima facieA manufacturer of a reference product or listed drug shall be considered to have engaged in an unfair method of competition in or affecting commerce in violation of section 5(a) if complaint counsel or the Commission demonstrates in an action or proceeding initiated by the Commission under subsection (c) that, during the period beginning on the date on which the manufacturer of the reference product or listed drug first receives notice that an applicant has submitted to the Commissioner of Food and Drugs an abbreviated new drug application or biosimilar biological product license application referencing the reference product or listed drug and ending on the date that is the earlier of 180 days after the date on which that generic drug or biosimilar biological product or another generic drug or biosimilar biological product referencing the listed drug or reference product is first marketed or 3 years after the date on which the follow-on product is first marketed, the manufacturer engaged in either of the following actions:(A)The manufacturer engaged in a hard switch, which shall be established by demonstrating that the manufacturer engaged in either of the following actions:(i)Upon the request of the manufacturer of the listed drug or reference product, the Commissioner of Food and Drugs withdrew the approval of the application for the listed drug or reference product or placed the listed drug or reference product on the discontinued products list and the manufacturer marketed or sold a follow-on product.(ii)The manufacturer of the listed drug or reference product—(I)(aa)withdrew, discontinued the manufacture of, or announced withdrawal of, discontinuance of the manufacture of, or intent to withdraw the application with respect to the drug or reference product in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances, unless such actions were taken by the manufacturer pursuant to a request of the Commissioner of Food and Drugs; or(bb)destroyed the inventory of the listed drug or reference product in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances; and(II)marketed or sold a follow-on product.(B)The manufacturer engaged in a soft switch, which shall be established by demonstrating that the manufacturer engaged in both of the following actions:(i)The manufacturer took actions with respect to the listed drug or reference product other than those described in subparagraph (A) that unfairly disadvantage the listed drug or reference product relative to the follow-on product described in clause (ii) in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances.(ii)The manufacturer marketed or sold a follow-on product.(2)ExclusionsNothing in this section shall prohibit actions that consist solely of—(A)truthful, non-misleading promotional marketing; or(B)ceasing promotional marketing for the listed drug or reference product.(3)Justification(A)In generalSubject to paragraph (4), the actions described in paragraph (1) by a manufacturer of a listed drug or reference product shall not be considered to be an unfair method of competition in or affecting commerce if the manufacturer demonstrates to the Commission or a district court of the United States, as applicable, in an action, suit or proceeding initiated by the Commission under subsection (c)(1) that—(i)the manufacturer would have taken the actions regardless of whether a generic drug that references the listed drug or biosimilar biological product that references the reference product had already entered the market; and(ii)(I)with respect to a hard switch under paragraph (1)(A), the manufacturer took the action for reasons relating to the safety risk to patients of the listed drug or reference product;(II)with respect to an action described in paragraph (1)(A)(ii)(I)(aa), there is a supply disruption that—(aa)is outside of the control of the manufacturer;(bb)prevents the production or distribution of the applicable listed drug or reference product; and(cc)cannot be remedied by reasonable efforts; or(III)with respect to a soft switch under paragraph (1)(B), the manufacturer had legitimate pro-competitive reasons, apart from the financial effects of reduced competition, to take the action.(B)Rule of constructionNothing in subparagraph (A) may be construed to limit the information that the Commission may otherwise obtain in any proceeding or action instituted with respect to a violation of this section.(4)ResponseWith respect to a justification offered by a manufacturer under paragraph (3), the Commission may—(A)rebut any evidence presented by a manufacturer during that justification; or(B)establish by a preponderance of the evidence that—(i)on balance, the pro-competitive benefits from the conduct described in subparagraph (A) or (B) of paragraph (1), as applicable, do not outweigh any anticompetitive effects of the conduct, even in consideration of the justification so offered; or(ii)(I)the conduct described in paragraph (1) is not reasonably necessary to address or achieve the justifications described in clause (ii) of paragraph (2)(A); or(II)the justifications described in clause (ii) of paragraph (2)(A) could be reasonably addressed or achieved through less anticompetitive means.(c)Enforcement(1)In generalIf the Commission has reason to believe that any manufacturer has violated, is violating, or is about to violate this section, or a rule promulgated under this section, the Commission may take any of the following actions: (A)Institute a proceeding under section 5(b).(B)In the same manner and to the same extent as provided in section 13(b), bring suit in a district court of the United States to temporarily enjoin the action of the manufacturer.(C)Bring suit in a district court of the United States, in which the Commission may seek—(i)to permanently enjoin the action of the manufacturer;(ii)any of the remedies described in paragraph (3); and(iii)any other equitable remedy, including ancillary equitable relief.(2)Judicial review(A)In generalNotwithstanding any provision of section 5, any manufacturer that is subject to a final cease and desist order issued in a proceeding to enforce this section, or a rule promulgated under this section, may, not later than 30 days after the date on which the Commission issues the order, petition for review of the order in—(i)the United States Court of Appeals for the District of Columbia Circuit; or(ii)the court of appeals of the United States for the circuit in which the ultimate parent entity of the manufacturer is incorporated.(B)Treatment of findingsIn a review of a final cease and desist order conducted by a court of appeals of the United States under subparagraph (A), the factual findings of the Commission shall be conclusive if those facts are supported by the evidence.(3)Equitable remedies(A)Disgorgement(i)In generalIn a suit brought under paragraph (1)(C), the Commission may seek, and the court may order, disgorgement of any unjust enrichment that a person obtained as a result of the violation that gives rise to the suit.(ii)CalculationAny disgorgement that is ordered with respect to a person under clause (i) shall be offset by any amount of restitution ordered under subparagraph (B).(iii)Limitations periodThe Commission may seek disgorgement under this subparagraph not later than 5 years after the latest date on which the person from which the disgorgement is sought receives any unjust enrichment from the effects of the violation that gives rise to the suit in which the Commission seeks the disgorgement.(B)Restitution(i)In generalIn a suit brought under paragraph (1)(C), the Commission may seek, and the court may order, restitution with respect to the violation that gives rise to the suit.(ii)Limitations periodThe Commission may seek restitution under this subparagraph not later than 5 years after the latest date on which the person from which the restitution is sought receives any unjust enrichment from the effects of the violation that gives rise to the suit in which the Commission seeks the restitution.(4)Rules of constructionNothing in this subsection may be construed as—(A)requiring the Commission to bring a suit seeking a temporary injunction under paragraph (1)(B) before bringing a suit seeking a permanent injunction under paragraph (1)(C); or(B)affecting the authority of the Federal Trade Commission under any other provision of law..(b)ApplicabilitySection 27 of the Federal Trade Commission Act, as added by subsection (a), shall apply with respect to any—(1)conduct that occurs on or after the date of enactment of this Act; and(2)action or proceeding that is commenced on or after the date of enactment of this Act.(c)Antitrust lawsExcept to the extent subsection (a) establishes an additional basis for liability under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), nothing in this section, or the amendments made by this section, shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), and of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that it applies to unfair methods of competition.(d)RulemakingThe Federal Trade Commission may issue rules under section 553 of title 5, United States Code, to carry out section 27 of the Federal Trade Commission Act, as added by subsection (a), including by defining any terms used in such section 27 (other than terms that are defined in subsection (a) of such section 27).3.Title 35 amendments(a)In generalSection 271(e) of title 35, United States Code, is amended—(1)in paragraph (2)(C), in the flush text following clause (ii), by adding at the end the following: With respect to a submission described in clause (ii), the act of infringement shall extend to any patent that claims the biological product, a method of using the biological product, or a method or product used to manufacture the biological product.; and(2)by adding at the end the following:(7)(A)Subject to subparagraphs (C), (D), and (E), if the sponsor of an approved application for a reference product, as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)) (referred to in this paragraph as the reference product sponsor), brings an action for infringement under this section against an applicant for approval of a biological product under section 351(k) of such Act that references that reference product (referred to in this paragraph as the subsection (k) applicant), the reference product sponsor may assert in the action a total of not more than 20 patents of the type described in subparagraph (B), not more than 10 of which shall have issued after the date specified in section 351(l)(7)(A) of such Act.(B)The patents described in this subparagraph are patents that satisfy each of the following requirements:(i)Patents that claim the biological product that is the subject of an application under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)) (or a use of that product) or a method or product used in the manufacture of such biological product.(ii)Patents that are included on the list of patents described in section 351(l)(3)(A) of the Public Health Service Act (42 U.S.C. 262(l)(3)(A)), including as provided under section 351(l)(7) of such Act.(iii)Patents that—(I)have an actual filing date of more than 4 years after the date on which the reference product is approved; or(II)include a claim to a method in a manufacturing process that is not used by the reference product sponsor.(C)The court in which an action described in subparagraph (A) is brought may increase the number of patents limited under that subparagraph—(i)if the request to increase that number is made without undue delay; and(ii)(I)if the interest of justice so requires; or(II)for good cause shown, which—(aa)shall be established if the subsection (k) applicant fails to provide information required section 351(k)(2)(A) of the Public Health Service Act (42 U.S.C. 262(k)(2)(A)) that would enable the reference product sponsor to form a reasonable belief with respect to whether a claim of infringement under this section could reasonably be asserted; and(bb)may be established—(AA)if there is a material change to the biological product (or process with respect to the biological product) of the subsection (k) applicant that is the subject of the application;(BB)if, with respect to a patent on the supplemental list described in section 351(l)(7)(A) of Public Health Service Act (42 U.S.C. 262(l)(7)(A)), the patent would have issued before the date specified in such section 351(l)(7)(A) but for the failure of the Office to issue the patent or a delay in the issuance of the patent, as described in paragraph (1) of section 154(b) and subject to the limitations under paragraph (2) of such section 154(b); or(CC)for another reason that shows good cause, as determined appropriate by the court.(D)In determining whether good cause has been shown for the purposes of subparagraph (C)(ii)(II), a court may consider whether the reference product sponsor has provided a reasonable description of the identity and relevance of any information beyond the subsection (k) application that the court believes is necessary to enable the court to form a belief with respect to whether a claim of infringement under this section could reasonably be asserted.(E)The limitation imposed under subparagraph (A)—(i)shall apply only if the subsection (k) applicant completes all actions required under paragraphs (2)(A), (3)(B)(ii), (5), (6)(C)(i), (7), and (8)(A) of section 351(l) of the Public Health Service Act (42 U.S.C. 262(l)); and(ii)shall not apply with respect to any patent that claims, with respect to a biological product, a method for using that product in therapy, diagnosis, or prophylaxis, such as an indication or method of treatment or other condition of use..(b)ApplicabilityThe amendments made by subsection (a) shall apply with respect to an application submitted under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)) on or after the date of enactment of this Act.