		I
		111th CONGRESS
		1st Session
		H. R. 1225
		IN THE HOUSE OF REPRESENTATIVES

			February 26, 2009
			Ms. Harman (for
			 herself and Mr. Rogers of Michigan)
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committees on
			 Agriculture and
			 the Judiciary, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To reauthorize the Select Agent Program by amending the
		  Public Health Service Act and the Agricultural Bioterrorism Protection Act of
		  2002 and to improve oversight of high containment
		  laboratories.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Select Agent Program and
			 Biosafety Improvement Act of 2009.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Findings.
					TITLE I—Select agent program reauthorization
					Sec. 101. Reauthorization of select agent program.
					Sec. 102. Select agent program review.
					Sec. 103. Revision of the list of biological agents and
				toxins.
					Sec. 104. Sharing information with trusted State
				partners.
					Sec. 105. Improvements to inventorying and monitoring of
				agents.
					Sec. 106. Smallpox definition clarification.
					Sec. 107. Plan for surge in samples of biological agents and
				toxins.
					TITLE II—Biosafety improvements
					Sec. 201. Improvement of oversight of biocontainment
				laboratories.
					Sec. 202. Improvement of training for laboratory
				personnel.
					Sec. 203. Biological laboratory incident reporting
				system.

			2.FindingsCongress finds the following:
			(1)The Centers for
			 Disease Control and Prevention regulates the possession, use, and transfer of
			 select agents and toxins that have the potential to pose a severe threat to
			 public health and safety.
			(2)The Animal and
			 Plant Health Inspection Service regulates the possession, use, and transfer of
			 select agents and toxins that have the potential to pose a severe threat to
			 animal or plant health, or to animal or plant products.
			(3)As of February
			 2009, there are 82 select agents and toxins, 13 of which are found naturally in
			 the United States.
			(4)As of February
			 2009, there are 336 entities registered with the Centers for Disease Control
			 and Prevention to work with select agents and toxins and 64 entities registered
			 with the Animal and Plant Health Inspection Service. There are 10,463
			 individuals approved to work with select agents and toxins through the Centers
			 for Disease Control and Prevention and 4,149 through the Animal and Plant
			 Health Inspection Service.
			(5)Biocontainment
			 laboratories are used by scientists to study infectious materials safely and
			 effectively. Laboratory biological research is categorized by the safety level
			 at which it is performed. There are 4 safety levels, termed Biosafety Level
			 (BSL) 1 through 4.
			ISelect agent
			 program reauthorization
			101.Reauthorization
			 of select agent program
				(a)Reauthorization
			 of select agent program
					(1)Amendment to the
			 Public Health Service ActSection 351A(m) of the Public Health
			 Service Act (42 U.S.C. 262a(m)) is amended by striking 2002 through
			 2007 and inserting 2009 through 2013.
					(2)Amendment to the
			 Agricultural Bioterrorism Protection Act of 2002Section 212(m)
			 of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(m)) is
			 amended by striking 2002 through 2007 and inserting 2009
			 through 2013.
					(b)Appropriate
			 training
					(1)Amendment to the
			 Public Health Service ActSection 351A(e)(2)(A) of the Public
			 Health Service Act (42 U.S.C. 262a(e)(2)(A)) is amended by inserting ,
			 and appropriate training, after have a legitimate
			 need.
					(2)Amendment to the
			 Agricultural Bioterrorism Protection Act of 2002Section
			 212(e)(2)(A) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C.
			 8401(e)(2)(A)) is amended by inserting , and appropriate
			 training, after have a legitimate need.
					(c)Covered
			 agencies
					(1)Amendment to the
			 Public Health Service ActSection 351A(h)(2)(A) (42 U.S.C.
			 262a(h)(2)(A)) of the Public Health Service Act is amended by inserting
			 the Department of Homeland Security, after the Department
			 of Agriculture,.
					(2)Amendment to the
			 Agricultural Bioterrorism Protection Act of 2002Section
			 212(h)(2)(A) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C.
			 8401(h)(2)(A)) is amended by inserting the Department of Homeland
			 Security, after the Department of Agriculture,.
					102.Select agent
			 program review
				(a)In
			 generalThe Secretary of Health and Human Services, in
			 consultation with the Secretary of Agriculture, shall enter into a contract
			 with the National Academy of Sciences to conduct a review of the select agent
			 program under section 351A of the Public Health Service Act (42 U.S.C. 262a)
			 and section 212 of the Agricultural Bioterrorism Protection Act of 2002 (7
			 U.S.C. 8401). Such review shall focus on—
					(1)the extent to
			 which the program has enhanced biosecurity and biosafety in the United
			 States;
					(2)the effects of the
			 program on—
						(A)international
			 scientific collaboration; and
						(B)scientific
			 advances in the United States; and
						(3)other issues as
			 requested by the Secretary of Health and Human Services and the Secretary of
			 Agriculture.
					(b)Report;
			 recommendationsNot later than 240 days after the date of
			 enactment of this Act, the National Academy of Sciences shall submit a report
			 to the Secretary of Health and Human Services, the Secretary of Agriculture,
			 the Committee on Health, Education, Labor, and Pensions of the Senate, the
			 Committee on Energy and Commerce of the House of Representatives, and other
			 congressional committees of relevant interest, on the results of the review
			 conducted under subsection (a). Such report shall include recommendations for
			 improving the structure of the select agent program for—
					(1)enhancing the
			 biosecurity and biosafety of the United States;
					(2)eliminating or
			 reducing adverse effects of the program, if any, on—
						(A)international
			 scientific collaboration; and
						(B)scientific
			 advances in the United States; and
						(3)other issues as
			 requested by the Secretary of Health and Human Services and the Secretary of
			 Agriculture.
					103.Revision of the
			 list of biological agents and toxins
				(a)Amendment to the
			 Public Health Service ActSection 351A(a)(1)(B)(i) of the Public
			 Health Service Act (42 U.S.C. 262a(a)(1)(B)(i)) is amended—
					(1)in subclause
			 (III), by striking ; and and inserting a semicolon;
					(2)by redesignating
			 subclause (IV) as subclause (VII); and
					(3)by
			 inserting after subclause (III) the following:

							(IV)whether the agent
				or toxin is endemic to the United States, as defined by the Secretary;
							(V)information
				available from biological risk assessments conducted by the Department of
				Homeland Security;
							(VI)newly discovered
				agents of disease, including genetically modified organisms or agents created
				synthetically;
				and
							.
					(b)Amendment to the
			 Agricultural Bioterrorism Protection Act of 2002Section
			 212(a)(1)(B)(i) of the Agricultural Bioterrorism Protection Act of 2002 (7
			 U.S.C. 8401(a)(1)(B)(i)) is amended—
					(1)in
			 subclause (III), by striking ; and and inserting a
			 semicolon;
					(2)by
			 redesignating subclause (IV) as subclause (VII); and
					(3)by inserting after
			 subclause (III) the following:

							(IV)whether the agent
				or toxin is endemic to the United States, as defined by the Secretary;
							(V)information
				available from biological risk assessments conducted by the Department of
				Homeland Security;
							(VI)newly discovered
				agents of disease, including genetically modified organisms or agents created
				synthetically;
				and
							.
					(c)Rule of
			 constructionThe amendments made by subsections (a) and (b) shall
			 not be construed to preclude the listing of a biological agent or toxin that is
			 endemic to the United States.
				104.Sharing
			 information with trusted State partners
				(a)Amendment to the
			 Public Health Service ActSection 351A(h)(5) of the Public Health
			 Service Act (42 U.S.C. 262a(h)(5)) is amended—
					(1)in subparagraph
			 (A), by striking ; or and inserting a semicolon;
					(2)in subparagraph
			 (B), by striking the period and inserting ; or; and
					(3)by inserting at
			 the end the following:

							(C)to withhold
				information regarding a State that will assist with the State's emergency
				preparedness planning from the health director (or equivalent State official)
				of such State, if such State has in place a law to protect against the further
				release of such information as determined by the
				Secretary.
							.
					(b)Amendment to the
			 Agricultural Bioterrorism Protection Act of 2002Section
			 212(h)(5) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C.
			 8401(h)(5)) is amended—
					(1)in subparagraph
			 (A), by striking ; or and inserting a semicolon;
					(2)in subparagraph
			 (B), by striking the period and inserting ; or; and
					(3)by inserting at
			 the end the following:

							(C)to withhold
				information regarding a State that will assist with the State's emergency
				preparedness planning from an elected or appointed senior State agricultural
				official or equivalent State official (such as a State veterinarian or a State
				plant health regulatory official) of such State, if such State has in place a
				law to protect against the further release of such information as determined by
				the
				Secretary.
							.
					105.Improvements to
			 inventorying and monitoring of agents
				(a)Improved method
			 To inventory and monitor listed biological agentsNot later than 180 days after enactment of
			 this Act, the Secretary of Health and Human Services, in coordination with the
			 Secretary of Agriculture, and in consultation with individuals with appropriate
			 scientific expertise, shall issue guidance on inventorying and monitoring the
			 biological agents listed under section 351A(a)(1) of the Public Health Service
			 Act (42 U.S.C. 262a(a)(1)) and the biological agents listed under section
			 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C.
			 8401(a)(1)).
				(b)ConsiderationsIn issuing the guidance under subsection
			 (a), the Secretaries shall consider—
					(1)the effectiveness
			 of measures to inventory and monitor listed biological agents that can
			 propagate relative to the burden of these measures on laboratory
			 personnel;
					(2)qualitative and quantitative control
			 procedures for such listed agents, rather than only quantitative control
			 procedures; and
					(3)in what situations
			 registered persons are required to keep inventory records.
					106.Smallpox
			 definition clarificationNot
			 later than 90 days after the date of enactment of this Act, the Attorney
			 General, in coordination with the Secretary of Health and Human Services, shall
			 issue public guidance regarding how the Attorney General interprets the scope
			 of the statutory definition of variola virus in section 175c of
			 title 18, United States Code.
			107.Plan for surge
			 in samples of biological agents and toxinsThe Secretary of Health and Human Services,
			 in coordination with the Secretary of Agriculture and State officials, shall
			 develop and disseminate guidelines for how laboratories and laboratory
			 personnel that do not regularly test for listed agents and toxins (as such
			 terms are defined in section 351A of the Public Health Service Act (42 U.S.C.
			 262a) and section 212 of the Agricultural Bioterrorism Protection Act of 2002
			 (7 U.S.C. 8401)) may be rapidly accessed and utilized during emergencies in
			 which laboratories and laboratory personnel that regularly test for such agents
			 and toxins are overwhelmed by a surge of samples of such listed agents and
			 toxins.
			IIBiosafety
			 improvements
			201.Improvement of
			 oversight of biocontainment laboratories
				(a)DefinitionFor
			 purposes of this section, the term high containment biological
			 laboratory means a laboratory that has Biosafety Level 3 or Biosafety
			 Level 4 facilities, as defined by the Secretary of Health and Human Services
			 and the Secretary of Agriculture.
				(b)EvaluationThe
			 Secretary of Health and Human Services, in coordination with the Secretary of
			 Agriculture, and in consultation with the Secretary of Defense and the
			 Secretary of Homeland Security (referred to in this section as the
			 Secretaries) shall, either directly or through a contract,
			 evaluate national needs of, and oversight of, high containment biological
			 laboratories.
				(c)ConsiderationsIn
			 conducting the evaluation under subsection (b), the Secretaries shall
			 consider—
					(1)whether the
			 construction of high containment biological laboratories that are in existence
			 or planned as of the date of enactment of this Act, is likely to provide
			 sufficient capacity for the needs of Government biodefense and infectious
			 disease research;
					(2)how laboratory
			 capacity and lessons learned can be best shared across the biodefense and
			 infectious disease research communities, domestically and
			 internationally;
					(3)whether guidance
			 on laboratory infrastructure, commissioning, operation, and maintenance of such
			 laboratories is adequate, and if such guidance is found to be inadequate, how
			 to improve and streamline such guidance; and
					(4)ways to improve
			 and streamline the training of the personnel of such laboratories, including
			 recommendations regarding the minimum standards for laboratory biosafety and
			 biosecurity training under section 202.
					(d)Report to
			 congressNot later than 240 days after the date of enactment of
			 this Act, the Secretary of Health and Human Services shall submit to Congress a
			 report on the findings and recommendations from the evaluation under this
			 section.
				202.Improvement of
			 training for laboratory personnel
				(a)DefinitionFor
			 purposes of this section, the term high containment biological
			 laboratory means a laboratory that has Biosafety Level 3 or Biosafety
			 Level 4 facilities, as defined by the Secretary of Health and Human Services
			 and the Secretary of Agriculture.
				(b)Development of
			 minimum standardsThe Secretary of Health and Human Services,
			 acting through the Director of the Centers for Disease Control and Prevention
			 and the Director of the National Institutes of Health, and in coordination with
			 the Secretary of Agriculture and scientific experts representing appropriate
			 professional groups and international health organizations, shall develop
			 minimum standards for laboratory biosafety and biosecurity training for
			 relevant personnel of high containment biological laboratories. In developing
			 such standards, the Secretary of Health and Human Services shall consider
			 existing laboratory guidelines and training modules.
				(c)Requirement for
			 approvalA person may not register with the Secretary of Health
			 and Human Services or the Secretary of Agriculture for the possession, use, or
			 transfer of listed agents in accordance with section 351A of the Public Health
			 Service Act (42 U.S.C. 262a) and section 212 of the Agricultural Bioterrorism
			 Protection Act of 2002 (7 U.S.C. 8401) unless the person provides to its
			 appropriate personnel biosafety and biosecurity training that meets the minimum
			 standards under subsection (b) in addition to any other requirements determined
			 appropriate by the Secretary of Health and Human Services or the Secretary of
			 Agriculture.
				(d)DisseminationThe
			 Secretary of Health and Human Services, in coordination with the Secretary of
			 Agriculture, may disseminate the minimum standards under subsection (b) for
			 voluntary use, such as when use is not required under subsection (b), in
			 laboratories and academic programs in the United States and in other
			 countries.
				203.Biological
			 laboratory incident reporting system
				(a)In
			 generalThe Secretary of Health and Human Services, in
			 coordination with the Secretary of Agriculture, (referred to in this section as
			 the Secretaries) shall establish an integrated Biological
			 Laboratory Incident Reporting System through which personnel of biological
			 laboratories may voluntarily report biosafety or biosecurity incidents of
			 concern and the Secretaries may identify trends in such incidents and protocols
			 for biosafety or biosecurity improvements. In developing such reporting system,
			 the Secretaries shall consider options for integrating existing voluntary and
			 required reporting mechanisms.
				(b)FunctionsIn
			 implementing the reporting system under subsection (a), the Secretaries shall
			 enter into a contract with a public or private entity that does not regulate
			 biological laboratories to administer the reporting system. Such entity
			 shall—
					(1)receive and
			 process incident reports;
					(2)analyze, interpret
			 incident data, and identify incident trends;
					(3)issue alert
			 messages within an appropriate time period;
					(4)disseminate
			 reports and other appropriate information, which shall not include
			 facility-specific information;
					(5)not have authority
			 to direct corrective action or to initiate enforcement action;
					(6)ensure anonymity
			 of individuals reporting to the system, to the extent permitted by law;
			 and
					(7)conduct other
			 activities as requested by the Secretaries.


116 HRES 445 RH: Providing for consideration of the bill (H.R. 3055) making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2020, and for other purposes; relating to consideration of the bill (H.R. 2740) making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2020, and for other purposes; and providing for proceedings during the period from June 28, 2019, through July 8, 2019.
U.S. House of Representatives
2019-06-19
text/xml
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		IV
		House Calendar No. 30
		116th CONGRESS
		1st Session
		H. RES. 445
		[Report No. 116–119]
		IN THE HOUSE OF REPRESENTATIVES

			June 19 (legislative day, June 18), 2019
			Mr. McGovern, from the Committee on Rules, reported the following resolution; which was referred to the House
			 Calendar and ordered to be printed

		RESOLUTION
		Providing for consideration of the bill (H.R. 3055) making appropriations for the Departments of
			 Commerce and Justice, Science, and Related Agencies for the fiscal year
			 ending September 30, 2020, and for other purposes; relating to
			 consideration of the bill (H.R. 2740) making appropriations for the
			 Departments of Labor, Health and Human Services, and Education, and
			 related agencies for the fiscal year ending September 30, 2020, and for
			 other purposes; and providing for proceedings during the period from June
			 28, 2019, through July 8, 2019.

 That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3055) making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2020, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations. After general debate the bill shall be considered for amendment under the five-minute rule. An amendment in the nature of a substitute consisting of the text of Rules Committee Print 116-18, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. Points of order against provisions in the bill, as amended, for failure to comply with clause 2 of rule XXI are waived. Clause 2(e) of rule XXI shall not apply during consideration of the bill.
		2.
 (a)No further amendment to the bill, as amended, shall be in order except those printed in part B of the report of the Committee on Rules accompanying this resolution considered pursuant to subsection (b), amendments en bloc described in section 3 of this resolution, and pro forma amendments described in section 4 of this resolution.
 (b)Each further amendment printed in part B of the report of the Committee on Rules not earlier considered as part of amendments en bloc pursuant to section 3 of this resolution shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, may be withdrawn by the proponent at any time before action thereon, shall not be subject to amendment except as provided by section 4 of this resolution, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
 (c)All points of order against further amendments printed in part B of the report of the Committee on Rules or against amendments en bloc described in section 3 of this resolution are waived.
 3.It shall be in order at any time for the chair of the Committee on Appropriations or her designee to offer amendments en bloc consisting of further amendments printed in part B of the report of the Committee on Rules accompanying this resolution not earlier disposed of. Amendments en bloc offered pursuant to this section shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations or their respective designees, shall not be subject to amendment except as provided by section 4 of this resolution, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
 4.During consideration of the bill for amendment, the chair and ranking minority member of the Committee on Appropriations or their respective designees may offer up to 15 pro forma amendments each at any point for the purpose of debate.
 5.At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. In the case of sundry further amendments reported from the Committee, the question of their adoption shall be put to the House en gros and without division of the question. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
 6.During consideration of H.R. 3055 in the Committee of the Whole pursuant to this resolution, it shall not be in order to consider an amendment proposing both a decrease in an appropriation designated pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 and an increase in an appropriation not so designated, or vice versa.
 7.During the further consideration of H.R. 2740— (a)the amendment printed in part C of the report of the Committee on Rules accompanying this resolution shall be considered as adopted in the House and in the Committee of the Whole; and
 (b)the question of the adoption of further sundry amendments reported from the Committee of the Whole shall be put to the House en gros and without division of the question.
 8.During consideration of H.R. 3055 or during the further consideration of H.R. 2740, the Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Appropriations or her designee. The Chair may not entertain a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII).
 9.On any legislative day during the period from June 28, 2019, through July 8, 2019— (a)the Journal of the proceedings of the previous day shall be considered as approved; and
 (b)the Chair may at any time declare the House adjourned to meet at a date and time, within the limits of clause 4, section 5, article I of the Constitution, to be announced by the Chair in declaring the adjournment.
 10.The Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 9 of this resolution as though under clause 8(a) of rule I.
 11.Each day during the period addressed by section 9 of this resolution shall not constitute a legislative day for purposes of clause 7 of rule XV.
 12.It shall be in order without intervention of any point of order to consider concurrent resolutions providing for adjournment during the month of July, 2019.
 13.It shall be in order at any time on the legislative day of June 27, 2019, for the Speaker to entertain motions that the House suspend the rules as though under clause 1 of rule XV. The Speaker or her designee shall consult with the Minority Leader or his designee on the designation of any matter for consideration pursuant to this section.

	June 19 (legislative day, June 18), 2019Referred to the House
			 Calendar and ordered to be printed


115 S2067 IS: Prostate Cancer Misdiagnosis Elimination Act of 2017
U.S. Senate
2017-11-02
text/xml
EN
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II115th CONGRESS1st SessionS. 2067IN THE SENATE OF THE UNITED STATESNovember 2, 2017Mr. Crapo introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XVIII of the Social Security Act to provide for coverage under the Medicare program
			 of certain DNA Specimen Provenance Assay clinical diagnostic laboratory
			 tests.

 1.Short titleThis Act may be cited as the Prostate Cancer Misdiagnosis Elimination Act of 2017. 2.Coverage of certain DNA Specimen Provenance Assay clinical diagnostic laboratory tests under Medicare (a)CoverageSection 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)(1)) is amended—
 (1)in subparagraph (O), by striking and at the end; (2)in subparagraph (P), by striking the semicolon at the end and inserting , and; and
 (3)by adding at the end the following new subparagraph:  (Q)in the case of a DNA Specimen Provenance Assay clinical diagnostic laboratory test (DSPA test) furnished on or after the date specified in section 1834A(j)(4), unless the DSPA test is furnished to an individual enrolled under part B who has had a prostate cancer biopsy the results of which are positive, the DSPA test is furnished with respect to such biopsy, and the DSPA test is ordered by the physician who furnished the prostate cancer biopsy that obtained the specimen tested;.
 (b)Temporary payment amount for certain tests furnished before 2028 and related requirementsSection 1834A of the Social Security Act (42 U.S.C. 1395m–1) is amended— (1)in subsection (b)(1)(A), by striking and (d) and inserting , (d), and (j); and
 (2)by adding at the end the following new subsection:  (j)DNA Specimen Provenance Assay clinical diagnostic laboratory tests (1)Temporary payment amount for certain tests furnished before 2028With respect to a DNA Specimen Provenance Assay clinical diagnostic laboratory test furnished on or after the date specified in paragraph (4) and before January 1, 2028, the payment amount under this section for such test shall be equal to $200.
							(2)HCPCS code and modifier assignment
 (A)In generalThe Secretary shall assign one or more HCPCS codes to the DNA Specimen Provenance Assay clinical diagnostic laboratory test and may use a modifier to facilitate making payment under this section with respect to such test.
 (B)Identification of DNA match on claimThe Secretary shall require an indication on a claim for a DNA Specimen Provenance Assay clinical diagnostic laboratory test of whether the DNA of the prostate biopsy specimen for such test matches the DNA of the individual with respect to whom the test was ordered. Such indication may be made through use of a HCPCS code, a modifier, or other means, as determined appropriate by the Secretary.
								(3)DNA match review
 (A)In generalThe Secretary shall review at least three years of claims under part B for DNA Specimen Provenance Assay clinical diagnostic laboratory tests to identify whether the DNA of the prostate biopsy specimens for such tests matched the DNA of the individuals with respect to whom such tests were ordered.
 (B)Posting on Internet websiteNot later than July 1, 2024, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services the findings of the review conducted under subparagraph (A).
 (4)Date specifiedFor purposes of paragraph (1) and section 1862(a)(1)(Q), the date specified in this paragraph is the first day of the second calendar quarter that begins at least 180 days after the date of the enactment of this subsection..


109 HR 6297 IH: To sunset Federal laws and regulations which treat the

U.S. House of Representatives
2006-09-29
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		I
		109th CONGRESS
		2d Session
		H. R. 6297
		IN THE HOUSE OF REPRESENTATIVES

			September 29, 2006
			Mr. Paul introduced
			 the following bill; which was referred to the
			 Committee on Financial
			 Services

		A BILL
		To sunset Federal laws and regulations which treat the
		  American people like children by denying them the opportunity to make their own
		  decision regarding control of their bank accounts and what type of information
		  they wish to receive from their banks, and for other purposes.

		1.Short titleThis Act may be cited as the Freedom
			 to Bank Act.
		2.Sunset of Federal
			 laws requiring penalties for withdrawals from transaction or time
			 accountsAny provision of any
			 Federal law, other than the Internal Revenue Code of 1986, that imposes, or
			 requires the imposition of, any penalty on any consumer for withdrawing or
			 transferring funds from any transaction account (as defined in section
			 19(b)(1)(C) of the Federal Reserve Act) or any savings or time deposit, and any
			 regulation prescribed under any such law, shall cease to be effective as of the
			 date of the enactment of this Act.
		3.Sunset of Federal
			 laws requiring financial institutions to provide statements of accounts except
			 at the request of the consumer
			(a)In
			 generalNotwithstanding the
			 Truth in Lending Act, the Electronic Fund Transfer Act, the Truth in Savings
			 Act, and any other provision of Federal law that requires a creditor,
			 depository institution, or credit union to provide periodic statements of
			 accounts, after the date of the enactment of this Act, no creditor, depository
			 institution, or credit union shall be required to provide a periodic statements
			 of account to any customer unless the customer has notified the creditor,
			 depository institution, or credit union that the customer elects to receive
			 such statements.
			(b)Notice to
			 consumers of optionsEach
			 creditor, depository institution, or credit union shall establish a procedure
			 for notifying customers of their right to elect to receive statements of
			 account and the method for implementing such election. If the creditor,
			 depository institution, or credit union has the capacity to offer statements of
			 account electronically, the creditor, depository institution, or credit union
			 the notification procedure established under the preceding sentence shall
			 include information to make the consumer aware of the existence of the option
			 to receive an electronic statement.


117 S731 IS: Department of Veterans Affairs Information Technology Reform Act of 2021
U.S. Senate
2021-03-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 731IN THE SENATE OF THE UNITED STATESMarch 11, 2021Mr. Tester (for himself, Mr. Moran, Ms. Sinema, and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to improve the management of information technology projects and investments of the Department of Veterans Affairs, and for other purposes.1.Short titleThis Act may be cited as the Department of Veterans Affairs Information Technology Reform Act of 2021.2.Management of major information technology projects(a)In generalChapter 81 of title 38, United States Code, is amended by adding at the end the following new subchapter:VIInformation technology projects and activities8171.DefinitionsIn this subchapter:(1)The term appropriate congressional committees means—(A)the Committee on Veterans' Affairs and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the Senate; and(B)the Committee on Veterans’ Affairs and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the House of Representatives.(2)The term information technology has the meaning given that term in section 11101 of title 40.(3)The term information technology project means a project or program of the Department (including a project or program of any element of the Department) for, or including, the acquisition or implementation of an information technology system.(4)The term life cycle costs means all direct and indirect costs to acquire, implement, operate, and maintain an information technology system.(5)The term major information technology project means an information technology project if—(A)the project is designated—(i)by the Secretary or the Chief Information Officer of the Department as a major information technology project; or(ii)by the Director of the Office of Management and Budget as a major information technology investment, as defined in section 11302 of title 40; (B)the dollar value of the project or program is estimated by the Secretary to exceed—(i)$50,000,000 (as adjusted for inflation pursuant to section 1908 of title 41) for all project costs in a single fiscal year;(ii)$200,000,000 (as adjusted for inflation pursuant to section 1908 of title 41) for all project acquisition or implementation costs for the duration of the project; or(iii)$500,000,000 (as adjusted for inflation pursuant to section 1908 of title 41) for the total life cycle costs of the project; or(C)any increment of the project separately meets the requirements of subparagraphs (A) or (B).8172.Management of major information technology projects(a)Cost, schedule, and performance information(1)The Secretary may not obligate or expend funds for any major information technology project that begins after the date of the enactment of the Department of Veterans Affairs Information Technology Reform Act of 2021 unless the Secretary, acting through the Chief Information Officer of the Department, submits to the appropriate congressional committees a report containing information on the cost, schedule, and performance of such project.(2)Each report submitted under paragraph (1) for a project shall include, with respect to such project, the following:(A)An estimate of acquisition, implementation, and life cycle costs.(B)An intended implementation schedule indicating significant milestones, initial operating capability, and full operating capability or completion.(C)Key business, functional, and performance objectives.(b)Baseline(1)The Secretary shall use the information on the cost, schedule, and performance of a major information technology project included in the report under subsection (a) as the baseline against which changes or variances are measured during the life cycle of such project.(2)The Secretary shall—(A)annually update the baseline of a major information technology project pursuant to subsection (c); and(B)include such updated baseline in the documents providing detailed information on the budget for the Department that the Secretary submits to Congress in conjunction with the President's budget submission pursuant to section 1105 of title 31.(c)Changes and variances(1)Not later than 60 days after the date on which the Secretary identifies a change or variance described in paragraph (2) in the cost, schedule, or performance of a major information technology project, the Secretary, acting through the Chief Information Officer, shall submit to the appropriate congressional committees a notification of such change or variance, including a description and explanation for such change or variance.(2)A change or variance in the cost, schedule, or performance of a major information technology project described in this paragraph is—(A)with respect to the acquisition, implementation, or life cycle cost of the project, or an increment therein, a change or variance that is 10 percent or greater compared to the baseline; (B)with respect to the schedule for achieving a significant milestone, initial operating capability, or final completion of the project, a change or variance that is 180 days or greater compared to the baseline; or(C)with respect to the performance, an instance where a key business, functional, or performance objective is not attained, or is not anticipated to be attained, in whole or in part.(d)ManagementThe Secretary shall ensure that each major information technology project is managed by an interdisciplinary team consisting of the following:(1)A project manager who is—(A)certified in project management at level three by the Department or the Department of Defense pursuant to section 1701a of title 10, or who holds an equivalent certification by a private sector project management certification organization, as determined appropriate by the Secretary; and(B)an employee of the Office of Information and Technology of the Department or an employee of an element of the Department at which the project originates.(2)A functional lead who is an employee of the element of the Department at which the project originates.(3)A technical lead who is an employee of the Office of Information and Technology of the Department.(4)A contracting officer.(5)Sufficient other project management, functional, technical, and procurement personnel as the Secretary determines appropriate.8173.Information technology activities of the Financial Services Center(a)ManagementConsistent with sections 11302 and 11319 of title 40—(1)the Chief Information Officer of the Department shall—(A)exercise authority over the management, governance, and oversight processes relating to information technology of the Financial Services Center of the Department, or such successor office; and(B)supervise the information technology employees and contractors of the Financial Services Center; and(2)the Director of the Financial Services Center of the Department, or the head of such successor office, may not enter into a contract or other agreement for information technology or information technology services unless the contract or other agreement has been reviewed and approved by the Chief Information Officer.(b)OversightThe Chief Information Officer shall have oversight and operational authority over all information security practices of the Financial Services Center of the Department.8174.Submission of annual reviews of information technology(a)In generalThe Secretary, acting through the Chief Information Officer of the Department, shall submit to the appropriate congressional committees each annual review of the information technology portfolio of the Department conducted pursuant to section 11319(d)(3) of title 40.(b)First submissionThe first annual review submitted under subsection (a) shall include a copy of each previous annual review conducted under section 11319(d)(3) of title 40.8175.Information technology matters to be included in budget justification materials for the Department(a)List of information technology projects in effect(1)The Secretary shall ensure that whenever the budget justification materials are submitted to Congress in support of the Department budget for a fiscal year (as submitted with the budget of the President for such fiscal year under section 1105(a) of title 31), such budget justification materials include a list of every information technology project currently in effect at the Department.(2)Each list included under paragraph (1) shall include, for each information technology project included in the list, the following:(A)The expenditures to date.(B)Planned expenditures for the upcoming fiscal year.(C)The scheduled completion date.(D)Any known deviation from the schedule, such as whether the information technology project is behind schedule.(E)The planned or actual functionality delivered.(b)Prioritized list of unfunded projects(1)In addition to the list included in the budget justification materials required by subsection (a), the Secretary shall ensure that the budget justification materials described in such subsection also include a prioritized list, in rank order, of every proposed project of the Department that is unfunded as of the time of the inclusion of the list under this paragraph.(2)In producing the list required by paragraph (1), the Secretary shall—(A)ensure such list represents a ranking of all proposed projects that reflects the needs of all components of the Department;(B)produce one unified list for the entire Department that shows how the various proposed projects of each of the components of the Department rank in priority with the projects of the other components of the Department; and(C)ensure that the list—(i)does not disaggregate and rank projects based on component of the Department; and(ii)does identify the component of the Department requesting the information technology project. (3)(A)In producing each list under paragraph (1), the Secretary shall prioritize and rank each information technology project based on an assessment of each of the following factors:(i)Tangible benefits to veterans created or produced by the information technology project.(ii)Operational or efficiency benefits to employees of the Department created or produced by the information technology project.(iii)The cost of the information technology project.(iv)The cost savings or cost avoidance yielded by the information technology project.(v)Time to completion of the information technology project. (vi)The difficulty of the information technology project, the likelihood the information technology project will be completed, or the risks associated with undertaking the information technology project. (vii)Such other factors as the Secretary considers appropriate.(B)The Secretary shall ensure that each list produced under paragraph (1) includes, for each information technology project included in the list, a brief description of the findings of the Secretary with respect to each assessment carried out by the Secretary for each factor for the information technology project under subparagraph (A).(c)Projected funding needs(1)In addition to the matters included under subsections (a) and (b), the Secretary shall ensure that the budget justification materials described in subsection (a) also include a projection of the one-year, five-year, and 10-year funding needs of the Department for information technology, disaggregated by major business line of the Department that requires the funding.(2)In addition to the projections under paragraph (1), the Secretary shall include a description of the following, with respect to each of the periods set forth in such paragraph, disaggregated by major business line of the Department:(A)The information technology infrastructure and equipment requirements.(B)The funding required for development.(C)The funding required for operations and maintenance.(D)The funding required by cybersecurity.(E)Such other categories of the information technology needs of the Department as the Secretary considers relevant and important.(d)Decommissioning of information technology systems(1)In addition to the matters included under subsections (a), (b), and (c), the Secretary shall ensure that the budget justification materials described in subsection (a) also include information about the decommissioning of information technology systems and applications of the Department.(2)Information included under paragraph (1) shall include the following:(A)A list of information systems and applications of the Department that have been scheduled for decommissioning or the Secretary proposes decommissioning.(B)For each information technology system and application listed under subparagraph (A), the following:(i)The cost of maintaining the information technology system or application.(ii)A projection of the cost avoided if the information technology system or application were to be decommissioned.(iii)A schedule for decommissioning the information technology system or application.(iv)Whether a transition plan for the functionality of the information technology system or application to be provided, when appropriate, by other information technology systems or applications of the Department has been developed. (v)Performance data regarding whether the Department has decommissioned the information technology system or application that was set forth under clause (iii) in the budget justification materials for the previous fiscal year..(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by adding at the end the following:SUBCHAPTER VI—Information technology projects and activities Sec. 8171. Definitions. Sec. 8172. Management of major information technology projects. Sec. 8173. Information technology activities of the Financial Services Center. Sec. 8174. Submission of annual reviews of information technology. Sec. 8175. Information technology matters to be included in budget justification materials for the Department..(c)Application; report(1)Current and new projectsExcept as specifically provided in subsection (a) of section 8172 of title 38, United States Code, as added by subsection (a) of this section, such section 8172 shall apply with respect to major information technology projects that begin before, on, or after the date of the enactment of this Act.(2)Report on current projects(A)In generalNot later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report on each major information technology project that the Secretary is carrying out as of the date of the report.(B)ContentsThe report submitted under subparagraph (A) shall contain, with respect to each project described in such subparagraph, information on the cost, schedule, and performance of the project as described in subsection (a) of section 8172 of such title, as so added.(3)DefinitionsIn this subsection, the terms appropriate congressional committees and major information technology project have the meanings given those terms in section 8171 of title 38, United States Code, as added by subsection (a) of this section.(d)Effective date of requirement for projects in budget justification materialsSubsection (c) of section 8175 of such title, as added by subsection (a) of this section, shall take effect on the first Monday in the second January beginning after the date of the enactment of this Act.(e)Effective date of decommissioning performance element of budget justification materialsClause (v) of section 8175(d)(2)(B) of such title, as added by subsection (a) of this section, shall take effect on the first Monday in the second January beginning after the date of the enactment of this Act.3.Assessment of suitability of cloud migration investments(a)AssessmentNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Chief Information Officer of the Department of Veterans Affairs, shall conduct an assessment, in accordance with guidance from the Office of Management and Budget, of all information technology investments of the Department of Veterans Affairs to determine the suitability of the investments for migration to a cloud computing service.(b)Consistent mechanismThe Secretary, acting through the Chief Information Officer, shall establish a consistent and repeatable mechanism to track savings and cost avoidances from—(1)the migration of information technology investments to cloud computing services; and(2)the deployment of cloud computing services.4.Report on information technology dashboard information(a)ReportNot later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Chief Information Officer of the Department of Veterans Affairs, shall submit to the appropriate congressional committees a report containing—(1)an explanation of the ratings, rankings, and risk categorizations used by the Chief Information Officer pursuant to subparagraph (C) of section 11302(c)(3) of title 40, United States Code, with respect to the information technology dashboard of the Office of Management and Budget developed under such section; and(2)copies of supporting or explanatory information provided by the Chief Information Officer to the Office of Management and Budget with respect to submissions by the Chief Information Officer to the information technology dashboard for the fiscal year in which the report is submitted (other than information not otherwise made public pursuant to such section).(b)Appropriate congressional committees definedIn this section, the term appropriate congressional committees has the meaning given such term in section 8171 of title 38, United States Code, as added by section 2.


109 HRES 452 IH: Recognizing the 75th anniversary of the American Academy of Pediatrics and supporting the mission and goals of the organization.
U.S. House of Representatives
2005-09-20
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
109th CONGRESS
1st Session
H. RES. 452
IN THE HOUSE OF REPRESENTATIVES

September 20, 2005
Mr. Dingell (for himself, Mr. Reyes, Mr. Meehan, Mr. Moran of Virginia, Mr. Hinchey, Mr. Jefferson, Mr. Meek of Florida, Ms. Matsui, Ms. Harman, Mr. Kildee, Mr. Engel, Ms. Wasserman Schultz, Mr. McDermott, Mr. Saxton, Mr. King of New York, Mr. Hoekstra, Mr. Davis of Illinois, Ms. Bean, Mrs. McCarthy, Mr. Upton, Mr. Stark, Mr. Ortiz, Mr. Walsh, Ms. Schakowsky, Mr. Waxman, Mr. Young of Florida, Ms. DeGette, and Mr. Obey) submitted the following resolution; which was referred to the Committee on Energy and Commerce

RESOLUTION
Recognizing the 75th anniversary of the American Academy of Pediatrics and supporting the mission and goals of the organization.

 Whereas 2005 marks the 75th anniversary of the American Academy of Pediatrics (referred to in this resolution as the Academy);
 Whereas in 1930, 35 pediatricians founded the Academy to attain optimal physical, mental, and social health and well-being for all infants, children, adolescents, and young adults;
 Whereas in 2005, the Academy is the largest membership organization in the United States dedicated to child and adolescent health and well-being, with more than 60,000 primary care pediatricians, pediatric medical subspecialists, and pediatric surgical specialists belonging to its 59 chapters in the United States and 7 chapters in Canada;
 Whereas, in addition to promoting good physical health, the Academy also promotes early childhood education, good mental health, reading, environmental health, safety, pediatric research, and the elimination of disparities in health care;
 Whereas the Academy serves as a voice for the most vulnerable people in the United States by advocating for the needs of children with special health care needs, low-income families, victims of abuse and neglect, individuals in under-served communities, and the uninsured;
 Whereas the Academy is dedicated to improving child health and well-being through numerous efforts and initiatives, including continuing medical education, the promotion of optimal standards for pediatric education, the authorship and dissemination of materials which advance its mission, and advocacy on improvements in child health;
 Whereas the Academy promotes the use of evidence-based research and best practices to drive major improvements in child health and well-being, such as the use of immunizations to decrease the rates of infectious childhood diseases;
 Whereas the Academy promotes the pediatric medical home as the most effective approach to guaranteeing the highest quality care for all children;
 Whereas the Academy provides international leadership on child health issues, including translating child health materials into more than 40 languages;
 Whereas Academy members have organized numerous child health initiatives at the State and community levels; and
 Whereas, throughout its history, the Academy has supported passage of several Federal child health laws, including poison prevention measures, the medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), Federal child safety seat initiatives, the State Children’s Health Insurance Program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.), universal immunization, and the Best Pharmaceuticals for Children Act (Public Law 107–109): Now, therefore, be it

That the House of Representatives—
(1)recognizes the 75th anniversary of the American Academy of Pediatrics;
(2)supports the mission and goals of the Academy;
(3)commends the Academy for its commitment to attaining optimal physical, mental, and social health and well-being for all infants, children, adolescents, and young adults;
(4)encourages the people of the United States to observe this anniversary and support the Academy on behalf of the children of the United States; and
(5)encourages the Academy to continue striving to improve the health and well-being of all infants, children, adolescents, and young adults of the United States.


117 HR 633 IH: State National Forest Management Act of 2021
U.S. House of Representatives
2021-01-28
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.

I117th CONGRESS1st SessionH. R. 633IN THE HOUSE OF REPRESENTATIVESJanuary 28, 2021Mr. Young introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, 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 authorize States to select and acquire certain National Forest System lands to be managed and operated by the State for timber production and for other purposes under the laws of the State, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the State National Forest Management Act of 2021.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definitions.Sec. 3. State selection of eligible portions of the National Forest System for acquisition and management.Sec. 4. Transition provisions during the exchange-transition period.Sec. 5. Transition provisions outside the transition period.Sec. 6. Miscellaneous duties of the parties and other provisions relating to the transfer.Sec. 7. Conditions on changes to land management plans regarding management of young-growth stands.2.DefinitionsIn this Act:(1)The term Commissioner means the head of the Department of Natural Resources of a State or comparable State agency.(2)The term eligible portions of the National Forest System means all right, title, and interest of the United States in and to the surface and subsurface lands and real property (including structures and facilities owned by the Forest Service) included as part of the National Forest System in a State. The term does not include Conservation System Units (as that term is defined in the Alaska National Interest Lands Conservation Act) and areas or national memorials protected by an Act of Congress.(3)The term Federal obligation—(A)means any obligation or duty of the Forest Service arising out of any lease, permit, license, contract, and other legal instruments issued by or with the Forest Service relating to eligible portions of the National Forest System; and(B)does not include any obligation with respect to a Federal law, regulation, or policy.(4)The term forest operations means the development of forest operating plans for eligible portions of the National Forest System acquired by a State, including the conduct of inventories of timber resources and the engineering of necessary access needed necessary for timber management and related management activities.(5)The term patent date means the last day of the selection-transition period.(6)The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.(7)The term selection date means the date on which a State elects to acquire eligible portions of the National Forest System and notifies the Secretary of such election under section 3(a).(8)The term selection-transition period means the period beginning on the selection date and ending no more than one year thereafter, on the patent date.(9)The term State means each of the several States and the Commonwealth of Puerto Rico.(10)The term State forest practices law means a forest practices law applicable to State or privately owned forest land in a State, including established silvicultural best management practices or other regulations for forest management practices related to clean water, soil quality, wildlife or forest health.(11)The term State obligation means any obligation or duty of the State arising out of any lease, permit, license, contract and other legal instruments issued by or with the State relating to the selected lands under this Act.3.State selection of eligible portions of the National Forest System for acquisition and management(a)Selection authorized; conveyance requiredDuring the 10-year period beginning on the date of the enactment of this Act, if a State elects pursuant to subsection (b) to select and acquire eligible portions of the National Forest System in that State under the terms and conditions of this Act and notifies the Secretary of such selection, then the Secretary shall convey the eligible portions of the National Forest System so selected to the State in accordance with subsection (d). All conveyances shall be subject to valid existing rights.(b)Form of electionThe election by a State to select and acquire eligible portions of the National Forest System in that State pursuant to subsection (a) shall be executed in the form of a bill enacted into law by the legislature of that State. Such a law shall provide, at a minimum, the following:(1)That the State elects to acquire eligible portions of the National Forest System in that State—(A)pursuant to purchase for fair-market value;(B)in exchange for State lands of equal value;(C)in satisfaction of land selection rights pursuant to the law by which the State was admitted to the Union; or(D)any combination of the preceding paragraphs.(2)Identifies the eligible portions of the National Forest System to be acquired and the method by which the State will acquire the land.(3)Acceptance by the State that acquisition of the identified eligible portions of the National Forest System is subject to valid existing rights.(4)Acceptance by the State of the procedures specified in this Act and the transition provisions of this Act.(5)In the case of the State of Alaska, acceptance by the State of the rights and obligations of the United States under the Alaska Native Claims Settlement Act with respect to acquired lands, rights in such lands, and use of lands acquired by that State shall not be infringed by that State.(6)Specification that up to 50 percent of the annual harvest of timber from eligible portions of the National Forest System to be acquired shall be offered in at least 10-year contracts, and timber sales shall, to the maximum extent practicable, provide sufficient volume to meet the needs of all wood processing operations existing in that State as of the date of the enactment of this Act, and forest operations shall be performed in compliance with the State forest practices law.(7)Acceptance by the State that eligible portions of the National Forest System open to mineral entry under the general mining laws of the United States shall remain open to mineral entry under State law unless subsequently changed by a State mineral closing order.(c)Multiple State laws; acreage limitationDuring the selection period specified in subsection (a), a State may enact more than one law to select and acquire eligible portions of the National Forest System in that State, except that the total quantity of National Forest System land acquired by the State under this Act may not exceed 2,000,000 acres.(d)ProcedureBeginning on the selection date for a State’s acquisition of eligible portions of the National Forest System in that State, the Secretary shall prepare patents conveying the National Forest System lands selected by the State and shall convey such patents to the State on the patent date. The duty of the Secretary to prepare and convey such patents under this Act shall be purely ministerial and conveyance of the patent on the patent date shall not be withheld or conditioned by any other provision of law except as provided herein. The United States Supreme Court shall have exclusive jurisdiction to issue such writs and compel such actions as may be necessary to accomplish the conveyance made under this Act.(e)Other propertyBeginning on the selection date for a State’s acquisition of eligible portions of the National Forest System in that State, in addition to other conveyances made under this Act, the Secretary shall convey the right and title to and interest of the United States in all other types of property (including real and personal property) used for purposes of operating, administering, and managing the acquired National Forest System land in that State. Such property shall be transferred on the patent date and include only that property which is owned by the United States and used by the Forest Service primarily on the eligible portions of the National Forest System selected by the State.(f)Other usesBeginning on the selection date and concurrent with the selection and conveyance of the National Forest System lands and property under this Act, the Secretary shall transfer all existing special use permits related to the acquired National Forest System lands and property to the State.4.Transition provisions during the exchange-transition period(a)Existing obligations of the united statesThe United States shall remain obligated for all Federal obligations incurred prior to the patent date.(b)EmployeesDuring the selection-transition period, to the extent practicable, the State shall interview each person employed by the Forest Service on the date of the enactment of this Act whose employment is made redundant by this Act for purposes of reemployment by the State in a comparable job within the new State administrative system for the National Forest System lands acquired by the State under this Act. Employees who do not secure employment with the State shall have the option of placement in an equivalent position available within the Federal Government.(c)Management pending conveyanceDuring the selection-transition period and until the patent date, except as provided otherwise under this Act, eligible portions of the National Forest System not yet patented to the State under this Act shall be administered and managed under applicable Federal law and land management plans.(d)Transfer of certain receiptsReceipts from all rentals or sales occurring on eligible portions of the National Forest System selected by a State during the selection-transition period shall be kept in escrow and transferred to the State on the patent date.5.Transition provisions outside the transition period(a)Management of selected landsBeginning on the patent date, eligible portions of the National Forest System conveyed to a State under this Act shall be administered and managed primarily for timber production pursuant to the State forest practices law, except as otherwise provided in this Act for the period provided by this Act.(b)Land designationsLand use designations in effect on the date of the enactment of this Act for eligible portions of the National Forest System conveyed to a State under this Act under the applicable land management plan shall continue in effect until the patent date.(c)Subsistence use after the selection dateIn the case of eligible portions of the National Forest System in the State of Alaska, the Secretary of the Interior shall retain continuing authority to manage subsistence uses of fish and wildlife on National Forest System lands conveyed under this Act until the patent date.(d)Access(1)EasementsThe Secretary, in accordance with the applicable forest transportation plan for a unit of the National Forest System and any transportation plan of the State, shall provide access in the form of easements across lands owned by the United States to and from eligible portions of the National Forest System conveyed to the State. The duty of the Secretary to deliver patents for such easements shall be purely ministerial and shall not be withheld or conditioned by any other provision of law. The Secretary shall enter into agreements with the Commissioner for the purpose of sharing the costs of common use roads.(2)State dutyFollowing the patent date, a State shall issue easements to the United States for reasonable access across acquired eligible portions of the National Forest System in the manner provided in paragraph (1).(e)Mining claims(1)In generalFederal mining claims located pursuant to the General Mining Law of 1872 (30 U.S.C. 22 et seq.) on eligible portions of the National Forest System before the selection date shall remain subject to the laws, rules, regulations, and policies of the United States, but such laws, rules, regulations, and policies shall be administered by the State. The right and ability of a claimholder to patent such a mining claim and enjoy reasonable access to the claim shall not be infringed. An application to patent a Federal mining claim located on eligible portions of the National Forest System may be made by the claimholder with the State and shall constitute an election by the claim holder to be subject to Federal mining claim patent procedures administered by the State.(2)Escrow and subsequent transferDuring the selection-transition period, the Federal Government shall escrow all fees and revenues, if any, due on Federal mining claims on eligible portions of the National Forest System and on the patent date transfer those receipts to the State on the patent date to the account established by the State for purposes of the law specified in section 3(b)(7).(3)State dutyAny mining claims filed on eligible portions of the National Forest System in a State after the selection date shall be subject only to the laws of the State.(f)Transfer of Other receiptsBeginning with the fiscal year of a State after the patent date, escrowed fees and fees from all existing and future issued special use permits and all other land management receipts on eligible portions of the National Forest System conveyed to the State under this Act, net of reasonable cost of administration, shall be transferred to the State.(g)Existing obligations after patent dateOn the patent date, a State shall assume all Federal obligations and duties and receive all rights of the Forest Service, except that the State shall assume no obligation for any claim for damages or specific performance relating to a contract or permit, if such claim arose before the patent date, unless the State receives the benefit from such an obligation.6.Miscellaneous duties of the parties and other provisions relating to the transfer(a)Hazardous materialsAs promptly as practicable after the date of the enactment of this Act, the Secretary shall make available to a State for review and inspection, all pertinent records relating to hazardous materials, if any, on eligible portions of the National Forest System available for selection under this Act. The responsibility for costs of remedial action related to such materials shall be borne by those entities responsible under existing law. If no party responsible for the hazardous materials can be determined, remediation responsibility and all costs shall remain with the Secretary and remediation as agreed to by the Commissioner shall be initiated as soon as practical after the patent date.(b)Judicial reviewSelection of land pursuant to this Act shall not be subject to judicial review in any court of the United States, except—(1)to the extent a right of judicial review is conferred specifically by the United States Constitution;(2)otherwise conferred by this Act; or(3)when sought by the State on matters pertaining to rights conferred by this Act.(c)RulemakingNo formal rules under section 553 of title 5, United States Code, are required to implement this Act.(d)SurveyThe patent for and use of eligible portions of the National Forest System conveyed to a State pursuant to this Act shall not be subject to completion of a field survey and may be issued based on a protraction survey. However, the Secretary shall complete a field survey following patent.(e)EncumbrancesFor purposes of an orderly transfer of eligible portions of the National Forest System to State ownership and transition to State management, the Secretary shall provide a list of encumbrances and uses of record and otherwise known on the selected lands to the Commissioner during the selection-transition period. The lands selected under this Act shall be subject to all existing encumbrances.7.Conditions on changes to land management plans regarding management of young-growth stands(a)Changes conditioned on comprehensive inventory of the young-Growth standsBefore any change to an applicable land management plan takes effect that will alter management of young-growth stands covered by the land management plan, the Secretary shall—(1)conduct a comprehensive inventory of the young-growth stands;(2)provide public notice of the availability of the comprehensive inventory; and(3)after such public notice, provide a period of not less than 90 days for public comment on the comprehensive inventory.(b)Inventory requirementsAt a minimum, the comprehensive inventory required by subsection (a) shall—(1)include stand-level field work with respect to all 462,000 acres of young-growth timber located within the Tongass National Forest; and(2)assess all age classes of timber inventoried for the purpose of refining inventory and growth data to properly forecast yields from stands and future economic manufacturing feasibility with respect to the timber inventoried.


115 HR 3040 IH: Saving America’s Pollinators Act of 2017
U.S. House of Representatives
2017-06-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 3040IN THE HOUSE OF REPRESENTATIVESJune 23, 2017Mr. Conyers (for himself, Mr. Blumenauer, Mr. Connolly, Mr. Meeks, Ms. DeLauro, Ms. Clark of Massachusetts, Mr. Larsen of Washington, Mr. Nadler, Mr. Lewis of Georgia, Ms. Lee, Mr. Cartwright, Ms. McCollum, Ms. Tsongas, Ms. Roybal-Allard, Mr. Pascrell, Ms. Norton, Ms. Speier, Mr. Huffman, Mr. Himes, Mr. Ellison, Ms. Judy Chu of California, Mr. McGovern, Mrs. Watson Coleman, Mr. Cohen, Mr. Rush, and Ms. Lofgren) introduced the following bill; which was referred to the Committee on AgricultureA BILLTo direct the Administrator of the Environmental Protection Agency to take certain actions related to pesticides that may affect pollinators, and for other purposes.
1.Short titleThis Act may be cited as the Saving America’s Pollinators Act of 2017. 2.FindingsCongress finds the following:
(1)Pollination services are a vital part of agricultural production, valued at over $125,000,000,000 globally. According to a 2014 Presidential memorandum, pollinators provide for an annual amount of $24,000,000,000 to the economy of the United States and honeybees account for $15,000,000,000 of such amount. Similarly, pollination services of native pollinators, such as bumblebees, squash bees, and mason bees, contribute over $3,000,000,000 to the United States agricultural economy and are estimated to contribute between $937,000,000 and $2,400,000,000 to the economy of California alone. (2)One-third of food produced in North America—including nearly 100 varieties of fruits and vegetables such as almonds, avocados, cranberries, and apples—depends on pollination by bees.
(3)Over the past several years, documented incidents of colony collapse disorder and other forms of excess bee mortality have been at a record high, with some beekeepers repeatedly losing 100 percent of their operations. The national honey crop reported in 2013 was the lowest in many decades. (4)A recent national survey sponsored by the Federal Government indicates that United States beekeepers experienced a 45.2 percent annual mortality rate with their hives during the period beginning in April 2012 and ending in March 2013. During the winter of 2013–2014, two-thirds of beekeepers experienced loss rates greater than the established acceptable winter mortality rate.
(5)According to scientists at the Department of Agriculture, current losses of honeybee colonies are too high to confidently ensure the United States will be able to meet the pollination demands for agricultural crops. (6)Native pollinators, such as bumblebees, have also suffered alarming population declines. There are currently more than 40 pollinator species federally listed as threatened or endangered, and most recently, the iconic monarch butterfly has declined by 90 percent.
(7)Scientists have linked the use of a certain class of systemic insecticides, known as neonicotinoids, to the rapid decline of pollinators and to the deterioration of pollinator health. (8)Neonicotinoids cause sublethal effects, including impaired foraging and feeding behavior, disorientation, weakened immunity, delayed larval development, and increased susceptibility to viruses, diseases, and parasites. Numerous reports also document acute, lethal effects from the application of neonicotinoids.
(9)Conclusions from a recent global review of the impacts of systemic pesticides, primarily neonicotinoids, warn that they are causing significant damage to a wide range of beneficial invertebrate species, are a key factor in the decline of bees, and pose a global threat to biodiversity and ecosystem services. Another recent global review documented high levels of freshwater contamination. (10)Science has demonstrated that a single corn kernel coated with a neonicotinoid is toxic enough to kill a songbird. Peer-reviewed research from the Netherlands has shown that the most severe bird population declines occurred in those areas where neonicotinoid pollution was highest. Starlings, tree sparrows, and swallows were among the most affected.
(11)In January 2013, the European Food Safety Authority determined that the most widely used neonicotinoids pose unacceptable hazards to bees, prompting the European Union to suspend their use on agricultural crops. (12)In June 2013, over 50,000 bumblebees were killed as a direct result of exposure to a neonicotinoid applied to linden trees for cosmetic purposes.
(13)In February 2014, Eugene, Oregon, voted to ban the use of neonicotinoid pesticides on city property. Similar bans and restrictions have been enacted in Thurston County, Spokane, and Seattle, Washington, and Skagway, Alaska. (14)In June 2014, a Presidential memorandum established a Pollinator Health Task Force after identifying pollinator decline as a threat to the sustainability of food production systems, the agricultural economy, and the health of the environment in the United States.
(15)In July 2014, the United States Fish and Wildlife Service announced plans to phase out neonicotinoid pesticides in all national wildlife refuges across the United States by January 2016. The United States Fish and Wildlife Service recognized that the prophylactic use of neonicotinoids for agricultural purposes harms a wide range of nontarget species and is therefore inconsistent with the management policy of the United States Fish and Wildlife Service. (16)In October 2014, an assessment by the Environmental Protection Agency found that neonicotinoid seed coatings provide little benefit to overall soybean crop yield. Additional studies determined that in approximately 80 to 90 percent of row crop uses, neonicotinoid coatings are unnecessary. The prophylactic overuse of neonicotinoids violates the fundamental principles of integrated pest management.
(17)In November 2014, the Province of Ontario, Canada, announced the province will move to restrict the use of neonicotinoid-coated corn and soybean seeds because of the broad harms from their overuse, with a goal of 80 percent reduction by 2017. (18)In September 2015, the Circuit Court of the United States for the Ninth Circuit ruled to revoke the Environmental Protection Agency’s approval for sufloxaflor—a neonicotinoid pesticide.
(19)In November 2016, Health Canada, the Department of the Government of Canada with responsibility for national public health, proposed a ban on almost all uses of the neonicotinoid imidacloprid, saying it is seeping into Canadian waterways at levels that can harm insects and the ecosystem. (20)The President’s budget for fiscal year 2018 cuts funding for pesticide review programs of the Environmental Protection Agency by 20 percent delaying reviews of new, potentially safer pesticides as well as reviews of older, more dangerous pesticides such as neonicotinoids.
3.Urgent regulatory response for honeybee and pollinator protection
(a)In generalNot later than 180 days after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall suspend the registration of imidacloprid, clothianidin, thiamethoxam, dinotafuran, and any other members of the nitro group of neonicotinoid insecticides to the extent such insecticide is registered, conditionally or otherwise, under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) for use in seed treatment, soil application, or foliar treatment on bee-attractive plants, trees, and cereals until the Administrator has made a determination that such insecticide will not cause unreasonable adverse effects on pollinators based on— (1)an evaluation of the published and peer-reviewed scientific evidence on whether the use or uses of such neonicotinoids cause unreasonable adverse effects on pollinators, including native bees, honeybees, birds, bats, and other species of beneficial insects; and
(2)a completed field study that meets the criteria required by the Administrator and evaluates residues, including residue buildup after repeated annual application, chronic low-dose exposure, cumulative effects of multiple chemical exposures, and any other protocol determined to be necessary by the Administrator to protect managed and native pollinators. (b)Conditions on certain pesticides registrationsNotwithstanding section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a), for purposes of the protection of honeybees, other pollinators, and beneficial insects, the Administrator of the Environmental Protection Agency shall not issue any new registrations, conditional or otherwise, for any seed treatment, soil application, and foliar treatment on bee-attractive plants, trees, and cereals under such Act until the Administrator has made the determination described in subsection (a), based on an evaluation described in subsection (a)(1) and a completed field study described in subsection (a)(2), with respect to such insecticide.
(c)Monitoring of native beesThe Secretary of the Interior, in coordination with the Administrator of the Environmental Protection Agency, shall, for purposes of protecting and ensuring the long-term viability of native bees and other pollinators of agricultural crops, horticultural plants, wild plants, and other plants— (1)regularly monitor the health and population status of native bees, including the status of native bees in agricultural and nonagricultural habitats and areas of ornamental plants, residential areas, and landscaped areas;
(2)identify the scope and likely causes of unusual native bee mortality; and (3)beginning not later than 180 days after the date of the enactment of this Act and each year thereafter, submit to Congress, and make available to the public, a report on such health and population status.


116 HR 7569 IH: Immigration Enforcement Moratorium Act
U.S. House of Representatives
2020-07-09
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.

I
116th CONGRESS2d Session
H. R. 7569
IN THE HOUSE OF REPRESENTATIVES

July 9, 2020
Ms. Wilson of Florida (for herself and Ms. Escobar) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on 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 temporarily suspend certain immigration enforcement activities during disease-related emergencies.

1.Short titleThis Act may be cited as the Immigration Enforcement Moratorium Act. 2.Sense of CongressIt is the sense of Congress that—
(1)during the COVID–19 pandemic, many immigration enforcement activities have needlessly endangered public health, including the health of enforcement officers and members of the community; (2)continued arrests and apprehensions—
(A)prevent immigrant communities from accessing necessary services for their health and well being; and  (B)risk increasing the immigration detention population at a time when the number of people in immigration detention must urgently be reduced;
(3)Department of Homeland Security medical experts estimate that between 75 and 100 percent of the people detained in many immigration detention centers across the country may contract COVID–19 unless such centers are drastically depopulated; (4)other in-person activities, including check-ins and removal hearings, create significant public health risks;
(5)the National Association of Immigration Judges, a union of U.S. Immigration and Customs Enforcement trial attorneys, and the American Immigration Lawyers Association have all urged the Department of Justice to cease all in-person removal proceedings, citing expert guidance that continuing in-person removal proceedings during the pandemic is irresponsible; (6)deportations risk spreading COVID–19 to neighboring countries, where the virus will devastate already limited health systems and create untold harm;
(7)the United States has already sent individuals who tested positive for COVID–19 to at least 8 countries; (8)a consortium of United Nations migration and human rights organizations has called on all countries in the global community to halt all forced removals during the pandemic, noting that [f]orced returns can intensify serious public health risks for everyone—migrants, public health officials, health workers, social workers, and both host and origin communities;
(9)expulsions at the border— (A)violate longstanding, congressionally mandated protections for asylum seekers; and
(B)fail to protect public health; (10)the Office of the United Nations High Commissioner for Refugees has declared that—
(A)countries cannot enact blanket measure[s] to preclude the admission of refugees or asylum-seekers; and  (B)any such measures must be non-discriminatory as well as necessary, proportionate and reasonable to the aim of protecting public health;
(11)leading public health experts have urged United States officials to withdraw the order enabling mass expulsion of asylum seekers, noting border expulsions fail to further public health and implicate serious human rights concerns; (12)border crossing prosecutions have been suspended in several border districts because they are incompatible with public health;
(13)the Department of Homeland Security continues to refer people for prosecutions in some districts for violations of section 276 of the Immigration and Nationality Act (8 U.S.C. 1326); and  (14)people continue to be unnecessarily held in pre-trial detention facilities where COVID–19 has spread.
3.Temporary suspension of immigration enforcement
(a)DefinitionsIn this section: (1)NoncitizenThe term noncitizen means any individual who is not a citizen or national of the United States.
(2)Public health emergencyThe term public health emergency means— (A)a national emergency involving Federal primary responsibility determined to exist by the President under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to a communicable disease;
(B)a national emergency declared by the President under sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1621 and 1631) with respect to a communicable disease; (C)a national public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or
(D)a global pandemic declared by the World Health Organization. (b)Suspended immigration enforcement activities (1)In generalExcept as provided in subsection (d), during a public health emergency, the Secretary of Homeland Security shall suspend all immigration enforcement-related activities in the United States, including—
(A)removals of noncitizens from the United States; (B)arrests and apprehensions by U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection of noncitizens who are physically present in the United States;
(C)required meetings with Enforcement and Removal Operations (commonly known as ICE check-ins); (D)service of Notices to Appear; and
(E)referrals for prosecution under section 275 or 276 of the Immigration and Nationality Act (8 U.S.C. 1325 and 1326). (2)Individuals in detention who have received removal ordersNotwithstanding section 241(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(2)), individuals in detention who have received removal orders shall be released on orders of supervision.
(c)Border processing
(1)In generalNotwithstanding section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) or any other provision of law, any noncitizen applying for admission at a port of entry on or after the date on which the public health emergency went into effect who is deemed inadmissible or who is apprehended by U.S. Customs and Border Protection within 14 days after crossing the international border into the United States without authorization on or after the date on which the public health emergency went into effect, shall, if he or she presents a claim to relief under the immigration laws and is not otherwise subject to the exception described in subsection (d), be paroled into the United States pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A)).  (2)Removal proceedingsIf the Department of Homeland Security initiates removal proceedings against a noncitizen described in paragraph (1), such proceedings shall take place in accordance with section 240 (8 U.S.C. 1229a).
(d)Exception
(1)In generalSubsection (b) and the parole provision under subsection (c) shall not apply if the Federal official authorized to carry out an immigration enforcement activity described in either such subsection has clear and convincing evidence, based on credible and individualized information, that the noncitizen is a threat to another person or the community. (2)Prior convictionA prior conviction or pending criminal charge against the noncitizen described in paragraph (1) may not be the sole factor to justify carrying out an otherwise prohibited immigration enforcement activity described in subsection (b) or granting parole pursuant to subsection (c).
(3)Judicial reviewA noncitizen described in paragraph (1) is entitled to immediate de novo review of the Federal official’s determination in— (A)the United States District Court for the District of Columbia; or
(B)any Federal district court satisfying the venue requirements described in section 1391 of title 28, United States Code.  (e)Unlawful presenceDuring the public health emergency, the accrual of unlawful presence under subparagraphs (B)(i)(I) and (C)(i)(I) of section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)) shall be suspended for any noncitizen who resided in the United States on or before the date on which the public health emergency went into effect.
(f)Immigration court proceedingsDuring the period beginning on the date on which a public health emergency is in effect in any State or territory of the United States and ending on the date that is 30 days after the date on which the public health emergency is terminated, the Attorney General shall— (1)suspend all in-person immigration court proceedings;
(2)establish a procedure for conducting custody determination hearings for detained individuals to appear telephonically or by video teleconference, which shall permit— (A)attorneys and representatives to appear telephonically or by video teleconference; and
(B)supporting documents to be faxed, emailed, or otherwise electronically transmitted to the appropriate court clerk; (3)suspend all immigration court proceedings not described in paragraph (2), except that cases involving individuals who are detained may proceed if the respondent and his or her counsel or representative requests in writing that the immigration court proceedings move forward telephonically or by video teleconference;
(4)issue a blanket extraordinary circumstances exception for 1 year asylum filing deadlines; and (5)toll any deadline imposed by statute, regulation, local rule, standing order, or policy guidance requiring the appearance or other action by the respondent unless the respondent or the respondent’s counsel or legal representative submits a written request to the contrary.
(g)Limitation on use of Federal funds for reliance on ultra-Vires authorityFederal funds may not be used by the Department of Homeland Security to expel, pursuant to section 362 or 365 of the Public Health Service Act (42 U.S.C. 265 and 268), any noncitizen who— (1)is present in the United States;
(2)entered or is entering the United States at a port of entry; or  (3)crossed or is crossing the United States border between ports of entry.
(h)Duration
(1)In generalSubsections (b), (c), (e), and (f) shall remain in effect throughout the duration of a public health emergency and for at least 30 days after the public health emergency is no longer in effect.  (2)RemovalsIf an emergency referred to in subsection (a)(2)(D) is declared, removals shall further remain suspended to a receiving country until the Secretary of Homeland Security and the Secretary of State each certify in writing to Congress that the country—
(A)has demonstrated evidence of diminishing cases and risk of community transmission; and (B)has public health infrastructure that is able to adequately handle the return of its nationals.
(i)Savings provisionNothing in this section may be construed to alter the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457).