		I
		112th CONGRESS
		2d Session
		H. R. 4217
		IN THE HOUSE OF REPRESENTATIVES

			March 20, 2012
			Mr. Grimm (for
			 himself and Mr. King of New York)
			 introduced the following bill; which was referred to the
			 Committee on Financial
			 Services

		A BILL
		To support and promote community financial institutions
		  in the mutual form, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Mutual Community Bank Competitive
			 Equality Act.
		2.FindingsCongress finds the following:
			(1)Mutual financial
			 institutions have been an integral part of the American banking landscape for
			 almost 200 years.
			(2)Such institutions
			 operate for the purpose of serving the local depositors and borrowers and the
			 communities in which they operate.
			(3)Mutual banks play
			 a critical role in encouraging thrift, providing home loans and loans for small
			 businesses.
			(4)Mutual banks are
			 among the strongest financial institutions in the country and are characterized
			 by high capital ratios and conservative, community-focused management.
			(5)Congress deems it
			 necessary to provide for the support and continued development of these vital
			 community financial institutions.
			3.Mutual national
			 banks authorizedChapter one
			 of title XII of the Revised Statutes of the United States (12 U.S.C. 21 et
			 seq.) is amended by inserting after section 5133 the following new section:

				5133A.Mutual
				national banks
					(a)In
				generalNotwithstanding the section designated the
				Third of section 5134, in order to provide mutual institutions for
				the deposit of funds, the extension of credit, and provision of other services,
				the Comptroller of the Currency may charter mutual national banks either de
				novo or through a conversion of any insured depository institution or any State
				mutual bank or credit union, subject to regulations prescribed by the
				Comptroller of the Currency in accordance with this section. The powers
				conferred by this section are intended to provide for the creation and
				maintenance of mutual national banks as bodies corporate existing in perpetuity
				for the benefit of their depositors and the communities in which they
				operate.
					(b)Regulations
						(1)Regulations of
				the comptrollerThe Comptroller of the Currency is authorized to
				prescribe appropriate regulations for the organization, incorporation,
				governance, conversion, examination, operation, supervision, and regulation of
				mutual national banks.
						(2)Applicability of
				capital stock requirementsThe Comptroller of the Currency shall
				prescribe regulations regarding appropriate capital substitutes for the
				requirements of this title with respect to capital stock, and limitations
				imposed on national banks under this title based on capital stock, as such
				requirements shall apply to mutual national banks.
						(c)De novo
				charters
						(1)The Comptroller of the Currency is
				authorized to issue a certificate of authority to commence the business of
				banking to a mutual national bank in accordance with the requirements set forth
				in section 5169, provided that references to capital stock shall
				mean pledged accounts, nonwithdrawable investment certificates, or
				similar instruments by the incorporators.
						(2)Upon the issuance of the certificate
				required by paragraph (1), the mutual national bank shall become a body
				corporate and the incorporators shall become the first board of directors, with
				the power and authority to manage the affairs of the bank as herein set
				forth.
						(d)Conversions
						(1)Conversion of a
				mutual depository to a mutual national bankSubject to such regulations as the
				Comptroller of the Currency may prescribe, any mutual depository may convert to
				a mutual national bank by filing with the Comptroller of the Currency a notice
				of its election to convert on a specified date that is not earlier than 30 days
				after the date on which the notice is filed, and the mutual depository shall be
				converted to a mutual national bank charter on the date specified in the
				notice.
						(2)Conversion to
				stock national bankSubject
				to such regulations as the Comptroller of the Currency may prescribe for the
				protection of depositors’ rights and for any other purpose the Comptroller of
				the Currency may consider appropriate, any national bank that is organized in
				the mutual form under subsection (a) may reorganize on an equitable basis as a
				stock national bank.
						(3)Conversion to
				state banksAny national
				mutual bank may convert to a State bank charter in accordance with regulations
				prescribed by the Comptroller of the Currency and applicable State law.
						(e)Terminating
				mutualityIf a mutual
				national bank elects to terminate mutuality, it must do so by—
						(1)liquidating; or
						(2)converting on an
				equitable basis to a national banking association operating in stock
				form.
						(f)Status and
				rights of members
						(1)In
				generalIn general, the
				status of a member is primarily that of a depositor and secondarily that of a
				holder of an inchoate right to participate in the equity of a mutual national
				bank upon a liquidation or conversion in accordance with regulations prescribed
				by the Comptroller of the Currency.
						(2)Mandatory
				rightsEach member of a
				mutual national bank shall have the following rights:
							(A)Such rights as may be agreed upon, by
				contract, between the member and the mutual national bank.
							(B)In the event the
				board of directors, in its sole discretion, determines a conversion of a mutual
				national bank to a national banking association operating in stock form is in
				the best interests of the community in which the bank operates, then the
				members as of a record date set by the board of directors shall have the first
				right to subscribe for and purchase stock in the converted bank, on an
				equitable basis based on the amount of the deposit held by such member as of
				the record date.
							(C)In the
				event—
								(i)the board of directors, in its sole
				discretion, determines a liquidation of the mutual national bank is in the best
				interests of the community in which the bank operates, and such board of
				directors has adopted a plan of liquidation in accordance with regulations
				proscribed by the Comptroller of the Currency, and the Comptroller of the
				Currency has approved if such plan; or
								(ii)if for any other
				reason the bank is liquidated by operation of law,
								then
				the members as of the date of liquidation shall have the right to have credited
				to their accounts, on a pro rata basis, any residual assets left after the
				payment of all liabilities and expenses, including expenses of liquidation of
				the mutual national bank.(g)Management of
				the bankThe board of
				directors shall have the entire management and control of the affairs of the
				mutual national bank. No depositor or borrower shall have the right to vote on
				any matter relating to the mutual national bank. Any voting rights of members
				prior to a conversion to a mutual national bank shall be extinguished upon a
				conversion to a mutual national bank.
					(h)Mutual holding
				company formationA mutual
				national bank may reorganize into the mutual holding company form of
				organization in accordance with regulations promulgated by the Comptroller of
				the Currency.
					(i)DefinitionsFor purposes of this section, the following
				definitions shall apply:
						(1)Insured
				depository institutionThe
				term insured depository institution has the same meaning as in
				section 3 of the Federal Deposit Insurance Act.
						(2)Mutual national
				bankThe term mutual
				national bank means a national banking association that operates in
				mutual form and is chartered by the Comptroller of the Currency under this
				section.
						(3)Mutual
				depositoryThe term
				mutual depository means a depository institution that is organized
				in nonstock form, including a Federal non-stock depository and any form of
				nonstock depository provided for under State law, the deposits of which are
				insured by an instrumentality of the Federal Government.
						(4)MutualityThe term mutuality means the
				quality of being an insured depository institution organized under a Federal or
				State law providing for the organization of nonstock depository institutions,
				or a holding company organized under a Federal or State law providing for the
				organization of nonstock entities that control one or more depository
				institutions.
						(5)MemberThe term member means each
				insured account holder in a mutual depository’s savings, demand, or other
				authorized depository accounts and each insured account holder in such an
				account in a depository subsidiary of a mutual bank holding company. The board
				of directors may adopt a bylaw setting a minimum dollar threshold to qualify as
				a member up to $1,000.
						(6)Membership
				rightsThe term
				membership rights means the rights of each member under this
				section.
						(j)Conforming
				referencesUnless otherwise
				provided by the Comptroller of the Currency—
						(1)any reference in any Federal law to a
				national bank operating in stock form, including a reference to the term
				national banking association, member bank,
				national bank, national association,
				bank, insured bank, insured depository
				institution, or depository institution, shall be deemed to
				refer also to a mutual national bank;
						(2)any reference in
				any Federal law to the term board of directors,
				director, or directors of a national bank operating
				in stock form shall be deemed to refer also to the board of a mutual national
				bank; and
						(3)any terms in
				Federal law that may apply only to a national bank operating in stock form,
				including the terms stock, shares, shares of
				stock, capital stock, common stock,
				stock certificate, stock certificates,
				certificates representing shares of stock, stock
				dividend, transferable stock, each class of
				stock, cumulate such shares, par value,
				preferred stock shall not apply to a mutual national bank, unless
				the Comptroller of the Currency determines that the context requires
				otherwise.
						.
		4.Mutual investment
			 certificates authorizedSection 38(c)(1) of the Federal Deposit
			 Insurance Act (12 U.S.C. § 1831o(c)(1)) is hereby amended by deleting
			 subparagraph (B)(ii) in paragraph (A) and
			 inserting subparagraph (B)(ii) and paragraph (C) and by adding
			 at the end of subparagraph (B)(ii) the following:

				(C)(i)Notwithstanding any other provision of law,
				a mutual depository, as defined in (12 U.S.C. 5133A(h)(3)), is authorized to
				issue Mutual Investment Certificates, which shall be included as Tier 1 capital
				for purposes of any capital standards issued by an appropriate Federal banking
				agency, provided that such certificates must be—
						(I)nonvoting, except that the issuing mutual
				depository institution may permit voting in the event that—
							(aa)the mutual depository institution
				fails to pay dividends for a minimum of three consecutive dividend periods, and
				then the holders of the class or classes of Mutual Investment Certificates
				granted such voting rights, and voting as a single class, with one vote for
				each outstanding certificate, may elect by a majority vote a maximum of
				one-third of the institution's board of directors, the directors so elected to
				serve until the next annual meeting of the institution succeeding the payment
				of all current and past dividends;
							(bb)any merger, consolidation, or
				reorganization (except in a supervisory case) is sought to be authorized, where
				the issuing institution is not the survivor, provided that the regulatory
				capital of the resulting institution available for payment of any class of
				Mutual Investment Certificates on liquidation is less than the regulatory
				capital available for such class prior to the merger, consolidation, or
				reorganization;
							(cc)any action is sought to be authorized
				which would create any class of Mutual Investment Certificates having a
				preference or priority over an outstanding class or classes of Mutual
				Investment Certificates;
							(dd)any action is sought to be authorized
				which would adversely change the specific terms of any class of Mutual
				Investment Certificates;
							(ee)action is sought to be authorized
				which would increase the number of a class of Mutual Investment Certificates,
				or the number of a class of Mutual Investment Certificates ranking prior to or
				on parity with another class of Mutual Investment Certificates; or
							(ff)action is sought which would
				authorize the issuance of an additional class or classes of Mutual Investment
				Certificates without the institution having met specific financial
				standards;
							(II)redeemable at the sole discretion of the
				Board of Directors of the mutual depository; and
						(III)provide that any dividends paid must be
				non-cumulative.
						(ii)Notwithstanding any other provision of law,
				nonwithdrawable accounts, pledged accounts, mutual capital certificates, or
				similar instruments, authorized as of the date of the enactment of the Mutual
				Community Bank Equity Act, shall be included as Tier 1 capital for purposes of
				any capital standards issued by an appropriate Federal banking agency.
					(iii)The appropriate Federal banking agencies
				are hereby authorized to prescribe appropriate regulations to implement these
				provisions.
					.
		5.Protection of
			 mutual depositories
			(a)In
			 generalSubsection (h) of
			 section 10 of the Home Owners’ Loan Act (12 U.S.C. 1467a(h)) is amended—
				(1)by striking or after the
			 semicolon at the end of paragraph (2);
				(2)by striking the
			 period at the end of paragraph (3) and inserting ; or; and
				(3)by inserting after
			 paragraph (3), the following new paragraph:

						(4)any company or any subsidiary of any
				company, any director, officer, employee, or person owning, controlling, or
				holding with the power to vote, or holding proxies representing more than 25
				percent of the voting shares, of such company or subsidiary, or any director,
				officer, employee, or person acting in concert with such company or subsidiary,
				to hold, solicit, or exercise any proxies in respect of a savings association
				which is a mutual association, with the view or intention to, directly or
				indirectly, control or attempt to control the mutual
				association.
						.
				(b)Enforcement
			 actionSubsection (i) of
			 section 10 of the Home Owners’ Loan Act (12 U.S.C. 1467a(i)) is amended by
			 inserting after paragraph (3) the following new paragraph:

					(4)Civil actions by
				association
						(A)Equitable
				reliefAny aggrieved mutual
				savings association may bring a civil action in a court of appropriate
				jurisdiction and may recover such equitable relief, including injunctive
				relief, and reasonable attorney’s fees, as determined by the court for any
				violation or attempted violation of paragraph (1) or (4) of subsection
				(h).
						(B)Proxies null and
				voidIn addition to any
				damages or relief under paragraph (1), any proxy held or exercised by any party
				the holding or exercise of which has been determined to be a violation of
				paragraph (1) or (4) of subsection (h) shall be deemed null and void, as of the
				inception of such proxy, and shall not be counted for purposes of determining a
				quorum at any meeting of such aggrieved mutual association.
						(C)Statute of
				limitation
							(i)In
				generalAn action may not be
				brought under subparagraph (A) after the end of the 180-day period beginning on
				the later of—
								(I)the date of the discovery of the alleged
				violation by the aggrieved mutual savings association; or
								(II)the date of the
				enactment of the Mutual Savings Association Preservation Act.
								(ii)No
				attribution ruleFor
				purposes of clause (i)(I), the knowledge of the facts and circumstances giving
				rise to an alleged violation by any party to the violation shall not be
				attributed to the savings
				association.
							.
			6.Establishment of
			 charitable foundations authorized
			(a)Any mutual holding company or direct or
			 indirect stock subsidiary of a mutual holding company may contribute or issue
			 shares of such stock subsidiary to a charitable foundation established by the
			 mutual holding company or any direct or indirect stock subsidiary of the mutual
			 holding company, provided that—
				(1)the charitable foundation qualifies as a
			 501(c)(3) organization under the Internal Revenue Code, as amended;
				(2)the Foundation’s
			 governance complies with regulations adopted by the appropriate Federal banking
			 agency;
				(3)at the time of the
			 contribution or issuance to the charitable foundation, no direct or indirect
			 stock subsidiary of the mutual holding company, nor any affiliate thereof, has
			 issued shares of common stock to any nonaffiliate of the direct or indirect
			 stock subsidiary of the mutual holding company;
				(4)the value of the
			 stock so contributed or issued by the direct or indirect stock subsidiary of
			 the mutual holding company, as determined in accordance with subsection (b),
			 shall not exceed more than 10 percent of the insured depository institution’s
			 consolidated Tier 1 capital, as of the quarter end prior to the establishment
			 of the charitable foundation;
				(5)the direct or
			 indirect stock subsidiary of the mutual holding company that contributes or
			 issues the shares to the charitable foundation must reasonably expect to
			 utilize the tax deduction within the time period proscribed by the Internal
			 Revenue Service for contributions to charitable foundations; and
				(6)the mutual holding
			 company and each direct or indirect stock subsidiary of the mutual holding
			 company will be “well capitalized” under the prompt corrective action
			 regulations immediately following the contribution to the charitable
			 foundation.
				(b)Prior to any contribution or issuance by a
			 direct or indirect stock subsidiary of the mutual holding company to a
			 charitable foundation pursuant to subsection (a), the mutual holding company
			 shall obtain an appraisal, by an independent appraiser experienced in such
			 matters, of the pro forma value of the stock so contributed on a fully
			 converted basis. The value of the stock so contributed, as determined by the
			 appraiser, shall be limited in accordance with paragraph (4) of subsection
			 (b).
			7.Dividends paid by
			 subsidiaries of mutual holding companiesSection 10(o)(11)(B) of the Home Owners’
			 Loan Act (12 U.S.C. 1467a(o)(11)(B)) is amended by deleting or
			 at the end of (i), deleting the period at the end of (ii) and inserting a
			 semicolon at the end thereof, and adding the following:

				(iii)a majority of the board of directors of the
				mutual holding company, or a committee thereof, consists of directors who are
				not affiliates of any stock subsidiary of the mutual holding company and who do
				not directly or indirectly own any shares of the stock to which the waiver
				would apply, and vote in favor of the waiver of the dividend; or
				(iv)an independent corporate committee
				consisting of persons who are not stockholders, affiliates, depositors,
				borrowers, or members of the mutual holding company or any stock subsidiary of
				the mutual holding company vote in favor of the waiver of the
				dividend.
				.
		8.Preserving
			 mutuality bylaws authorized
			(a)The Board of Directors of a mutual
			 depository may adopt a bylaw to preserve the mutuality of a mutual depository.
			 Such bylaw provisions may include—
				(1)supermajority voting requirements, up to 80
			 percent, by the members to approve a conversion to stock form;
				(2)a prohibition against any person from
			 serving, or nominating a person to serve, on the Board of Directors of the
			 mutual depository, if such person or nominee has an intention to propose a
			 conversion from mutual to stock form;
				(3)a requirement that any person serving or
			 nominated to serve on the Board of Directors may not propose a conversion from
			 mutual to stock form for a period of time not exceeding five years, as
			 determined by the Board, beginning on the later of the date such bylaw is
			 adopted or such person is elected to serve on the Board;
				(4)a
			 prohibition against any member from proposing a conversion to stock form at any
			 annual or special meeting of members or by the written consent of members;
			 and
				(5)a
			 violation of one or more of the bylaw provisions adopted to preserve mutuality
			 shall be a basis for termination as a member of the Board of Directors.
				(b)Notwithstanding the foregoing, in no event
			 shall any bylaw adopted pursuant to section (a) have any force and effect in
			 the event the mutual depository is not well capitalized in accordance with the
			 rules established by such depositories appropriate Federal banking
			 agency.
			9.Applicability of
			 small bank holding company policy statement to small mutual holding
			 companyThe Board of Governors
			 of the Federal Reserve shall apply its Small Bank Holding Company Policy
			 Statement to any mutual holding company that would otherwise qualify as a small
			 bank holding company, if it were a bank holding company.


117 HJ 31 IH: Proposing an amendment to the Constitution of the United States relative to equal rights for men and women.
U.S. House of Representatives
2021-03-16
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EN
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IA117th CONGRESS1st SessionH. J. RES. 31IN THE HOUSE OF REPRESENTATIVESMarch 16, 2021Mr. Smith of New Jersey submitted the following joint resolution; which was referred to the Committee on the JudiciaryJOINT RESOLUTIONProposing an amendment to the Constitution of the United States relative to equal rights for men and women.That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification:  —1.Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.2.The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. 3.Nothing in this article shall be construed to grant or secure any right relating to abortion or the funding thereof.4.This amendment shall take effect two years after the date of ratification..


111 HR 148 IH: Jobs and Childcare for Military Families Act of 2021
U.S. House of Representatives
2021-01-04
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I117th CONGRESS1st SessionH. R. 148IN THE HOUSE OF REPRESENTATIVESJanuary 4, 2021Mr. Norcross (for himself, Mr. Beyer, Mrs. Luria, Ms. Houlahan, Mr. Fitzpatrick, and Mr. Turner) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Armed Services, 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 provide a work opportunity tax credit for military spouses and to provide for flexible spending arrangements for childcare services for military families.1.Short titleThis Act may be cited as the Jobs and Childcare for Military Families Act of 2021.2.Work opportunity tax credit for military spouses(a)In generalSection 51(d)(1) of the Internal Revenue Code of 1986 is amended—(1)by striking or at the end of subparagraph (I);(2)by striking the period at the end of subparagraph (J) and inserting , or; and(3)by adding at the end the following new subparagraph:(K)a qualified military spouse..(b)Qualified military spouseSection 51(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:(16)Qualified military spouseThe term qualified military spouse means the spouse or domestic partner (as recognized under State law or by the Armed Forces) of a member of the Armed Forces..(c)Effective dateThe amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2019.3.Flexible spending arrangements for childcare services for military families(a)FSAs requiredThe Secretary concerned shall establish procedures to implement flexible spending arrangements with respect to basic pay and compensation for members of the Armed Forces for childcare services for dependent children of such members on a pre-tax basis in accordance with the regulations prescribed under sections 106(c) and 125 of the Internal Revenue Code of 1986.(b)ConsiderationsThe procedures required by subsection (a) shall take into account the considerations specified in section 663(b) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2371) and such other considerations as the Secretaries concerned consider appropriate.(c)Secretary concerned definedIn this section, the term Secretary concerned means the following:(1)The Secretary of Defense, with respect to members of the Army, the Navy, the Marine Corps, and the Air Force.(2)The Secretary of Homeland Security, with respect to members of the Coast Guard.


		II
		111th CONGRESS
		1st Session
		S. 2461
		IN THE SENATE OF THE UNITED
		  STATES

			October 29, 2009
			Mr. Cornyn introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on
		  didecanoyl peroxide.

		1.Didecanoyl peroxide
			(a)In generalSubchapter II of chapter 99 of the
			 Harmonized Tariff Schedule of the United States is amended by inserting in
			 numerical sequence the following new heading:

								9902.01.00Didecanoyl peroxide (CAS No. 762–12–9) (provided for in
						subheading 2915.90.50)FreeNo changeNo changeOn or before 12/31/2011

					.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies to articles entered, or withdrawn from warehouse for
			 consumption, on or after the 15th day after the date of the enactment of this
			 Act.


115 S2541 IS: Support Our Military Spouses Act
U.S. Senate
2018-03-13
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II115th CONGRESS2d SessionS. 2541IN THE SENATE OF THE UNITED STATESMarch 13, 2018Ms. Klobuchar (for herself, Mr. Cornyn, Mr. Kennedy, Mr. Manchin, and Mr. Kaine) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo amend the Servicemembers Civil Relief Act to authorize spouses of servicemembers to elect to use
			 the same residences as the servicemembers, and for other purposes.

 1.Short titleThis Act may be cited as the Support Our Military Spouses Act. 2.Residence of spouses of servicemembers for tax purposes (a)Residence for tax purposesSection 511(a)(2) of the Servicemembers Civil Relief Act (50 U.S.C. 4001(a)(2)) is amended by adding at the end the following new sentence: The spouse of a servicemember may elect to use the same residence for purposes of taxation as the servicemember regardless of the date on which the marriage of the spouse and the servicemember occurred..
 (b)ApplicabilityThe amendment made by subsection (a) shall apply with respect to any return of State or local income tax filed for any taxable year beginning with the taxable year that includes the date of the enactment of this Act.
			3.Residence of spouses of servicemembers for voting
 (a)In generalSection 705(b) of the Servicemembers Civil Relief Act (50 U.S.C. 4025(b)) is amended— (1)by striking State or local office and all that follows through the period at the end of paragraph (3) and inserting State or local office—; and
 (2)by adding at the end the following new paragraphs:  (1)a person who is absent from a State because the person is accompanying the person’s spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence—
 (A)be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State;
 (B)be deemed to have acquired a residence or domicile in any other State; or (C)be deemed to have become a resident in or a resident of any other State; and
 (2)the spouse of a servicemember may elect to use the same residence as the servicemember regardless of the date on which the marriage of the spouse and the servicemember occurred..
 (b)Effective dateThe amendments made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act.


110 HR 3899 IH: Parents’ Empowerment

U.S. House of Representatives
2007-10-18
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EN
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		I
		110th CONGRESS
		1st Session
		H. R. 3899
		IN THE HOUSE OF REPRESENTATIVES

			October 18, 2007
			Mr. Hunter introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To provide a civil action for a minor injured by exposure
		  to an entertainment product containing material that is harmful to minors, and
		  for other purposes.

		1.Short titleThis Act may be cited as the
			 Parents’ Empowerment
			 Act.
		2.Civil action for
			 a minor injured by exposure to an entertainment product containing material
			 that is harmful to minors
			(a)Civil
			 actionA minor, through a person acting on behalf of the minor in
			 accordance with Rule 17(c) of the Federal Rules of Civil Procedure to the
			 extent applicable, may, in a civil action in an appropriate district court of
			 the United States, obtain relief under
			 subsection (b) against any person who
			 knowingly sells or distributes in interstate or foreign commerce an
			 entertainment product containing material that is harmful to minors, if—
				(1)a
			 reasonable person would expect a substantial number of minors to be exposed to
			 the material; and
				(2)the minor as a
			 result of exposure to that material is likely to suffer personal or emotional
			 injury or injury to mental or moral welfare.
				(b)ReliefIn
			 an action under
			 subsection (a), if the minor is the
			 prevailing party—
				(1)the minor shall
			 recover compensatory damages of not less than $10,000 for each instance of any
			 such material in any such product to which such minor was so exposed;
				(2)the minor may
			 recover punitive damages;
				(3)the court, in its
			 discretion, may allow the minor a reasonable attorney’s fee (including expert
			 fees) as part of the costs; and
				(4)the court may order
			 any other appropriate relief.
				(c)Affirmative
			 defenseIt is an affirmative defense to an action under this
			 section that a parent or guardian of the minor owned or possessed the
			 entertainment product containing the material to which the minor was exposed,
			 and an act of that parent or guardian was the proximate cause of the minor’s
			 exposure to that material.
			(d)DefinitionsFor
			 purposes of this section:
				(1)The term
			 entertainment product means a picture, photograph, image, graphic
			 image file, drawing, video game, motion picture film, or similar visual
			 representation or image, book, pamphlet, magazine, printed matter, or sound
			 recording.
				(2)The term
			 material that is harmful to minors means any pornographic
			 communication, picture, image, graphic image file, article, recording, writing,
			 or other pornographic matter of any kind that is obscene or that—
					(A)the average
			 person, applying the contemporary standards of the adult community in which the
			 minor resides with respect to what is suitable for minors, would find, taking
			 the material as a whole and with respect to minors of the ages that the person
			 reasonably would expect to be exposed to the material—
						(i)is
			 designed to appeal to, or is designed to pander to, the prurient interest in
			 nudity, sex, or excretion, with respect to minors; and
						(ii)depicts,
			 describes, or represents, in a manner patently offensive with respect to
			 minors, an actual or simulated sexual act or sexual contact, an actual or
			 simulated normal or perverted sexual act, or a lewd exhibition of the genitals
			 or post-pubescent female breast; and
						(B)a reasonable
			 person would find, taken as a whole, lacks serious literary, artistic,
			 political, and scientific value for minors sufficient to overcome the
			 pernicious effect of that material.
					(3)The term
			 minor means an individual under the age of 18.
				(e)SeverabilityIf
			 any provision of this section or any application of such provision to any
			 person or circumstance is held to be unconstitutional, the remainder of this
			 section and the application of the provision to any other person or
			 circumstance shall not be affected.


113 HR 1801 IH: Cancer Drug Coverage Parity Act of 2013
U.S. House of Representatives
2013-04-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1801
		IN THE HOUSE OF REPRESENTATIVES

			April 26, 2013
			Mr. Higgins (for
			 himself, Ms. Moore,
			 Ms. Pingree of Maine,
			 Mr. Cicilline,
			 Mrs. Capps,
			 Mr. Grijalva,
			 Ms. Wilson of Florida,
			 Mr. Hastings of Florida,
			 Mr. King of New York,
			 Mr. Rangel,
			 Mr. Larsen of Washington,
			 Mr. McGovern,
			 Mr. Peters of California,
			 Mr. Wolf, Mr. Moran, and Mr.
			 Farr) introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committees on
			 Ways and Means and
			 Education and the
			 Workforce, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To amend the Employee Retirement Income Security Act of
		  1974, the Public Health Service Act, and the Internal Revenue Code of 1986 to
		  require group and individual health insurance coverage and group health plans
		  to provide for coverage of oral anticancer drugs on terms no less favorable
		  than the coverage provided for anticancer medications administered by a health
		  care provider.

		1.Short titleThis Act may be cited as the
			 Cancer Drug Coverage Parity Act of
			 2013.
		2.Parity in
			 coverage for oral anticancer drugs
			(a)Employee
			 Retirement Income Security Act of 1974 amendments(1)Subpart B of part 7 of
			 subtitle B of title I of the Employee Retirement Income Security Act of 1974 is
			 amended by adding at the end the following new section:

						716.Parity in
				coverage for oral anticancer drugs
							(a)In
				generalSubject to subsection
				(b), a group health plan, and a health insurance issuer providing health
				insurance coverage in connection with a group health plan, that provides
				benefits with respect to anticancer medications administered by a health care
				provider shall provide for no less favorable coverage for prescribed,
				patient-administered anticancer medications that are used to kill, slow, or
				prevent the growth of cancerous cells and that have been approved by the Food
				and Drug Administration.
							(b)LimitationSubsection
				(a) shall only apply to an anticancer medication that is prescribed based on a
				finding by the treating physician that the medication—
								(1)is medically
				necessary for the purpose of killing, slowing, or preventing the growth of
				cancerous cells; or
								(2)is clinically
				appropriate in terms of type, frequency, extent site, and duration.
								(c)Application of
				cost-Sharing and restrictions
								(1)In
				generalThe coverage of anticancer medication under subsection
				(a) may be subject to annual deductibles and coinsurance or copayments so long
				as such deductibles, coinsurance, and copayments do not exceed the deductibles,
				coinsurance, and copayments that are applicable to anticancer medications
				administered by a health care provider under the plan or coverage for the same
				purpose.
								(2)RestrictionA group health plan or health insurance
				issuer may not, in order to comply with the requirement of subsection
				(a)—
									(A)impose an increase
				in out-of-pocket costs with respect to anticancer medications;
									(B)reclassify benefits with respect to
				anticancer medications; or
									(C)apply more
				restrictive limitations on prescribed orally-administered anticancer
				medications or intravenously administered or injected anticancer
				medications.
									(d)Application of
				notice, prohibitions, etcThe provisions of subsections (b), (c),
				(d), and (e)(2) of section 713 shall apply with respect to the coverage
				required by subsection (a) in the same manner as they apply with respect to the
				coverage required under such section, except that January 1, 2014, shall be
				substituted for the date referred to in subsection (b)(3) of such
				section.
							(e)ConstructionNothing
				in this section shall be construed—
								(1)to require the use of orally-administered
				anticancer medications as a replacement for other anticancer medications;
				or
								(2)to prohibit a
				group health plan or health insurance issuer from requiring prior authorization
				or imposing other appropriate utilization controls in approving coverage for
				any
				chemotherapy.
								.
				(2)Section 731(c) of such Act (29 U.S.C.
			 1191(c)) is amended by striking section 711 and inserting
			 sections 711 and 716.
				(3)Section 732(a) of such Act (29 U.S.C.
			 1191a(a)) is amended by striking section 711 and inserting
			 sections 711 and 716.
				(4)The table of contents in section 1 of
			 such Act is amended by inserting after the item relating to section 714 the
			 following new items:

							Sec. 715. Additional market
				reforms.
							Sec. 716. Parity in coverage for oral
				anticancer
				drugs.

						.
				(b)Public health
			 service act amendments(1)Title XXVII of the Public Health Service
			 Act is amended by inserting after section 2728 (42 U.S.C. 300gg–28), as
			 redesignated by section 1001(2) of the Patient Protection and Affordable Care
			 Act (Public Law 111–148), the following new section:

						2729.Parity in
				coverage for oral anticancer drugs
							(a)In
				generalSubject to subsection
				(b), a group health plan, and a health insurance issuer offering health
				insurance coverage, that provides benefits with respect to anticancer
				medications administered by a health care provider shall provide for no less
				favorable coverage for prescribed, patient-administered anticancer medications
				that are used to kill, slow, or prevent the growth of cancerous cells and that
				have been approved by the Food and Drug Administration.
							(b)LimitationSubsection
				(a) shall only apply to an anticancer medication that is prescribed based on a
				finding by the treating physician that the medication—
								(1)is medically
				necessary for the purpose of killing, slowing, or preventing the growth of
				cancerous cells; or
								(2)is clinically
				appropriate in terms of type, frequency, extent site, and duration.
								(c)Application of
				cost-Sharing and restrictions
								(1)In
				generalThe coverage of
				anticancer medication under subsection (a) may be subject to annual deductibles
				and coinsurance or copayments so long as such deductibles, coinsurance, and
				copayments do not exceed the deductibles, coinsurance, and copayments that are
				applicable to anticancer medications administered by a health care provider
				under the plan or coverage for the same purpose.
								(2)RestrictionA group health plan or health insurance
				issuer may not, in order to comply with the requirement of subsection
				(a)—
									(A)impose an increase
				in out-of-pocket costs with respect to anticancer medications;
									(B)reclassify benefits with respect to
				anticancer medications; or
									(C)apply more
				restrictive limitations on prescribed orally-administered anticancer
				medications or intravenously administered or injected anticancer
				medications.
									(d)Application of
				notice, prohibitions, etcThe
				provisions of subsections (b), (c), (d), and (e)(2) of section 713 of the
				Employee Retirement and Income Security Act of 1974 shall apply with respect to
				the coverage required by subsection (a) in the same manner as they apply with
				respect to the coverage required under such section, except that January 1,
				2014, shall be substituted for the date referred to in subsection (b)(3) of
				such section.
							(e)ConstructionNothing
				in this section shall be construed—
								(1)to require the use of orally-administered
				anticancer medications as a replacement for other anticancer medications;
				or
								(2)to prohibit a
				group health plan or health insurance issuer from requiring prior authorization
				or imposing other appropriate utilization controls in approving coverage for
				any
				chemotherapy.
								.
				(2)Section 2724(c) of such Act (42
			 U.S.C. 300gg–23(c)), as redesignated by section 1001(4) and subsection (c)(14)
			 of the section 1563 (relating to conforming amendments) of Public Law 111–148,
			 is amended by striking section 2704 and inserting
			 sections 2725 and 2729.
				(3)Section 2762(b)(2) of such Act (42
			 U.S.C. 300gg–62(b)(2)) is amended by striking section 2751 and
			 inserting sections 2751 and 2729.
				(4)For purposes of applying section 2729 of
			 the Public Health Service Act, as inserted by paragraph (1), to individual
			 health insurance coverage before 2014, the provisions of such section shall be
			 treated as also included under part B of title XXVII of the Public Health
			 Service Act.
				(c)Internal revenue
			 code amendments
				(1)In
			 generalSubchapter B of chapter 100 of the Internal Revenue Code
			 of 1986, as amended by subsection (f) of the section 1563 (relating to
			 conforming amendments) of Public Law 111–148, is amended by adding at the end
			 the following new section:

						9816.Parity in
				coverage for oral anticancer drugs
							(a)In
				generalSubject to subsection
				(b), a group health plan that provides benefits with respect to anticancer
				medications administered by a health care provider shall provide for no less
				favorable coverage for prescribed, patient-administered anticancer medications
				that are used to kill, slow, or prevent the growth of cancerous cells and that
				have been approved by the Food and Drug Administration.
							(b)LimitationSubsection
				(a) shall only apply to an anticancer medication that is prescribed based on a
				finding by the treating physician that the medication—
								(1)is medically
				necessary for the purpose of killing, slowing, or preventing the growth of
				cancerous cells; or
								(2)is clinically
				appropriate in terms of type, frequency, extent site, and duration.
								(c)Application of
				cost-Sharing and restrictions
								(1)In
				generalThe coverage of
				anticancer medication under subsection (a) may be subject to annual deductibles
				and coinsurance or copayments so long as such deductibles, coinsurance, and
				copayments do not exceed the deductibles, coinsurance, and copayments that are
				applicable to anticancer medications administered by a health care provider
				under the plan for the same purpose.
								(2)RestrictionA group health plan may not, in order to
				comply with the requirement of subsection (a)—
									(A)impose an increase
				in out-of-pocket costs with respect to anticancer medications;
									(B)reclassify benefits with respect to
				anticancer medications; or
									(C)apply more
				restrictive limitations on prescribed orally-administered anticancer
				medications or intravenously administered or injected anticancer
				medications.
									(d)Application of
				notice, prohibitions, etcThe provisions of subsections (b), (c),
				(d), and (e)(2) of section 713 of the Employee Retirement and Income Security
				Act of 1974 shall apply with respect to the coverage required by subsection (a)
				in the same manner as they apply with respect to the coverage required under
				such section, except that January 1, 2014, shall be substituted for the date
				referred to in subsection (b)(3) of such section.
							(e)ConstructionNothing
				in this section shall be construed—
								(1)to require the use of orally-administered
				anticancer medications as a replacement for other anticancer medications;
				or
								(2)to prohibit a
				group health plan or health insurance issuer from requiring prior authorization
				or imposing other appropriate utilization controls in approving coverage for
				any
				chemotherapy.
								.
				(2)Clerical
			 amendmentThe table of sections for such subchapter is amended by
			 adding at the end the following new items:

							Sec. 9815. Additional market
				reforms.
							Sec. 9816. Parity in coverage for oral
				anticancer
				drugs.

						.
				(d)Clarifying
			 amendment regarding application to grandfathered plansSection 1251(a)(4)(A) of the Patient
			 Protection and Affordable Care Act (Public Law 111–148; 42 U.S.C.
			 18011(a)(4)(A)), as added by section 2301(a) of Public Law 111–152, is amended
			 by adding at the end the following new clause:

					(v)Section 2729, as added by section 2(b) of
				the Cancer Drug Coverage Parity Act of
				2013.
					.
			(e)Effective
			 dateThe amendments made by
			 this section shall apply with respect to group health plans for plan years
			 beginning on or after January 1, 2014, and with respect to health insurance
			 coverage offered, sold, issued, renewed, in effect, or operated in the
			 individual market on or after such date.
			(f)StudyNot later than 2 years after the date of
			 the enactment of this Act—
				(1)the Medicare
			 Payment Advisory Commission shall complete a study that assesses how closing
			 the Medicare part D donut hole under the amendments made by section 3301 of the
			 Patient Protection and Affordable Care Act (Public Law 111–148), as amended by
			 section 1101 of the Health Care and Education Reconciliation Act of 2010
			 (Public Law 111–152), affects Medicare coverage for orally administered
			 anticancer medications, with a particular focus on cost and accessibility;
			 and
				(2)submit a report to
			 Congress on the results of such study.


110 HR 6767 IH: To facilitate the establishment of additional or expanded

U.S. House of Representatives
2008-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 6767
		IN THE HOUSE OF REPRESENTATIVES

			July 31, 2008
			Mr. Udall of Colorado
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources, and in addition to the Committee on 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 facilitate the establishment of additional or expanded
		  public target ranges in certain States.

		1.Short title, findings, and
			 purpose
			(a)Short
			 titleThis Act may be cited as the Target Practice and
			 Marksmanship Training Support Act.
			(b)FindingsThe
			 Congress finds the following:
				(1)Use of firearms
			 for target practice and marksmanship training on Federal lands is allowed
			 except to the extent specific portions of such lands have been closed to such
			 activities.
				(2)In recent years,
			 considerations of public safety have made it necessary to close additional
			 portions of Federal lands to target practice and marksmanship training,
			 especially in States that have experienced significant population
			 growth.
				(3)Use of public
			 target ranges on Federal lands is often more consistent with public safety and
			 convenience than use of undeveloped Federal lands for target practice and
			 marksmanship training.
				(4)It is in the
			 public interest for the Federal Government to provide support for construction
			 or expansion of public target ranges, especially in States where population
			 growth and patterns of settlement in recent years have made it necessary to
			 prohibit such activities on Federal lands where target practice and
			 marksmanship training were formerly allowed.
				(5)Current law,
			 including the Pittman-Robertson Wildlife Restoration Act, provides Federal
			 support for construction or expansion of public target ranges by making
			 available to States funds that can be used for construction, operation, and
			 maintenance of public target ranges.
				(6)It
			 is in the public interest to provide greater Federal support to facilitate
			 construction or expansion of public target ranges in States that have
			 experienced population growth and a reduction in the number of such target
			 ranges on Federal lands.
				(c)PurposeThe
			 purpose of this Act is to facilitate the construction and expansion of public
			 target ranges, including ranges on Federal lands managed by the Forest Service
			 and Bureau of Land Management, in States that have experienced population
			 growth and a reduction in the extent to which target practice and marksmanship
			 training are permitted on Federal lands in such States.
			2.Funding
			(a)Cost sharing and
			 availability of fundsSection 10 of the Pittman-Robertson
			 Wildlife Restoration Act (16 U.S.C. 669h–1) is amended as follows:
				(1)By amending
			 subsection (b) to read as follows:

						(b)Cost
				Sharing
							(1)In
				generalExcept as provided by
				paragraph (2), the Federal share of the cost of any activity carried out with a
				grant under this section shall not exceed 75 percent of the total cost of the
				activity.
							(2)Public Target
				Range construction or expansion
								(A)The Federal share
				of the cost of acquiring land for, or construction or expansion of, a public
				target range in an eligible State shall not exceed 90 percent of such
				cost.
								(B)For purposes of this paragraph, the term
				eligible State means a State that, since the most recent decennial
				census, has experienced—
									(i)at
				least a 2 percent growth in population, as demonstrated by the State to the
				satisfaction of the Secretary; and
									(ii)a
				reduction in the acreage of Federal lands in such State where target practice
				and marksmanship training are permitted, as determined by the
				Secretary.
									.
				(2)In subsection
			 (c)(1), by striking the final period and inserting the following:

						except that amounts provided for acquiring
			 land for, or construction or expansion of, public target ranges shall remain
			 available until expended in the case of a State that, since the most recent
			 decennial census, has experienced—(A)at least a 2 percent growth in population,
				as demonstrated by the State to the satisfaction of the Secretary; and
						(B)a reduction in the
				acreage of Federal lands in such State where target practice and marksmanship
				training are permitted, as determined by the
				Secretary.
						.
				(b)Use of wildlife
			 conservation fundsSection 4
			 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is
			 amended—
				(1)by redesignating
			 subsection (c) (relating to apportionment of Wildlife Conservation and
			 Restoration Account) as subsection (d) and subsection (d) (relating to Wildlife
			 Conservation and Restoration Programs) as subsection (e);
				(2)in subsection
			 (e)(3), as redesignated by paragraph (1), by striking subsection
			 (c) and inserting subsection (d); and
				(3)in subsection
			 (e)(4)(B), as redesignated by paragraph (1), by—
					(A)inserting
			 (i) after (B); and
					(B)adding at the end
			 the following new clauses:

							(ii)During the first fiscal year beginning
				after the date of enactment of the Target Practice and Marksmanship Training
				Support Act and each of the 9 subsequent fiscal years, not more than 10 percent
				of the amounts apportioned to an eligible State under this section for such
				State’s wildlife conservation and restoration program may be used for acquiring
				land for, or construction or expansion of, public target ranges or for
				assisting a Federal land-management agency with environmental remediation or
				other steps needed to allow for public target ranges on Federal lands.
							(iii)As used in clause (ii), the term
				eligible State means a State that, since the most recent decennial
				census, has experienced—
								(I)at least a 2 percent growth in population,
				as demonstrated by the State to the satisfaction of the Secretary; and
								(II)a reduction in the acreage of Federal lands
				in such State where target practice and marksmanship training are permitted, as
				determined by the
				Secretary.
								.
					3.Limits on
			 liability
			(a)Discretionary
			 FunctionFor purposes of the Federal Tort Claims Act (28 U.S.C.
			 1346(b), 2671–2680), any action by an agent or employee of the United States to
			 authorize use of Federal land for purposes of target practice or marksmanship
			 training by members of the public shall be considered to constitute the
			 exercise or performance of a discretionary function.
			(b)Civil Action or
			 ClaimsExcept to the extent provided in the Federal Tort Claims
			 Act (28 U.S.C. 1346(b), 2671–2680), the United States shall not be subject to
			 any civil action or claim for money damages for injury or loss of property, or
			 personal injury or death caused by any activity occurring at a public target
			 range that is wholly or partially funded by the United States pursuant to this
			 Act or located on Federal land.
			4.CooperationIt is the sense of Congress that, consistent
			 with applicable laws and regulations, the Forest Service and the Bureau of Land
			 Management should cooperate with State and local authorities and other entities
			 to carry out environmental remediation or other activities on Federal lands
			 used as public target ranges in order to avoid closing such lands to use for
			 target practice or marksmanship training.


116 HR 6718 IH: Farm System Reform Act of 2020
U.S. House of Representatives
2020-05-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 6718IN THE HOUSE OF REPRESENTATIVESMay 5, 2020Mr. Khanna (for himself, Ms. Haaland, Mr. Blumenauer, Mr. Raskin, Mr. DeFazio, Mr. Ted Lieu of California, and Ms. Norton) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Transportation and Infrastructure, 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 place a moratorium on large concentrated animal feeding operations, to strengthen the Packers and Stockyards Act, 1921, to require country of origin labeling on beef, pork, and dairy products, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the Farm System Reform Act of 2020.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definition of Secretary.Title I—Animal Feeding OperationsSec. 101. Definitions.Sec. 102. Moratorium on large concentrated animal feeding operations.Sec. 103. Voluntary debt forgiveness and transition assistance program for animal feeding operations.Sec. 104. Integrator responsibilities and liabilities.Title II—Amendments to Packers and Stockyards Act, 1921Sec. 201. Definitions.Sec. 202. Unlawful practices.Sec. 203. Spot market purchases of livestock by packers.Sec. 204. Investigation of live poultry dealers.Sec. 205. Award of attorney fees.Sec. 206. Technical amendments.Title III—Labeling of Meat and Dairy ProductsSec. 301. Restoration of mandatory country of origin labeling for beef and pork; inclusion of dairy products.Sec. 302. Truth in labeling for meat and meat food products.2.Definition of SecretaryIn this Act, the term Secretary means the Secretary of Agriculture.IAnimal Feeding Operations101.DefinitionsIn this title:(1)Agronomic requirement(A)In generalThe term agronomic requirement means the quantity of nutrient necessary to achieve a reasonable yield goal for a crop, as determined based on land grant university fertility rates, soil testing for available nutrients, manure analysis, and other planned nutrient applications.(B)ExclusionsPlanned nutrient applications under subparagraph (A) do not include nutrient indices, risk indices, or other methods that allow land application of manure in excess of crop need.(2)Animal feeding operation; AFO(A)In generalThe term animal feeding operation or AFO means a lot or facility at which—(i)for not less than a total of 45 days in any 12-month period, animals (other than aquatic animals) are—(I)stabled or confined; and(II)fed or maintained; and(ii)crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility.(B)AggregationTwo or more lots or facilities described in subparagraph (A) shall constitute a single animal feeding operation if the lots or facilities—(i)are located within 3 miles of each other; and(ii)are under common ownership or control.(C)ExclusionThe term animal feeding operation or AFO does not include a stockyard (as that term is defined in section 302(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 202(a))).(3)Large concentrated animal feeding operation; large CAFOThe term large concentrated animal feeding operation or large CAFO means an AFO at which are present not less than—(A)700 mature dairy cows, milked or dry;(B)1,000 veal calves;(C)1,000 cattle (including heifers, steers, bulls, cows, and calves) other than mature dairy cows or veal calves;(D)2,500 swine, each weighing not less than 55 pounds;(E)10,000 swine, each weighing not more than 55 pounds;(F)500 horses;(G)10,000 sheep or lambs;(H)55,000 turkeys;(I)in the case of an AFO that uses a liquid manure handling system—(i)30,000 laying hens or broilers; or(ii)5,000 ducks; or(J)in the case of an AFO that uses a system other than a liquid manure handling system—(i)125,000 chickens (other than laying hens);(ii)82,000 laying hens; or(iii)30,000 ducks.(4)Contract growerThe term contract grower means an owner of an AFO that raises livestock or poultry pursuant to a written contract, marketing arrangement, or other arrangement with an integrator.(5)IntegratorThe term integrator means an individual or entity that contracts with a contract grower under a growout contract, marketing arrangement, or other arrangement under which the contract grower raises and cares for livestock or poultry at an AFO in accordance with the instructions of the integrator for the purpose of slaughtering the livestock or poultry or selling the livestock or poultry for slaughter, if the livestock or poultry is sold or shipped in commerce (as described in section 2(b) of the Packers and Stockyards Act, 1921 (7 U.S.C. 183)).(6)ManureThe term manure means—(A)the fecal and urinary excretions of livestock and poultry; and(B)litter, bedding, compost and raw materials, process wastewater, and other materials commingled with the excretions described in subparagraph (A) or set aside for disposal after such commingling.102.Moratorium on large concentrated animal feeding operations(a)In generalNo large CAFO may commence or expand operations on or after the date of enactment of this Act.(b)Cessation of operationsNo large CAFO may continue to operate as a large CAFO after January 1, 2040.(c)PenaltiesAny person that violates subsection (a) or (b) may be assessed a civil penalty of up to $10,000 per violation, per day, in addition to any other applicable statutory civil penalty or monetary damages assessed pursuant to any State common law judgment.103.Voluntary debt forgiveness and transition assistance program for animal feeding operations(a)Definition of eligible entity(1)In generalIn this section, the term eligible entity means an owner of an AFO.(2)ExclusionIn this section, the term eligible entity does not include an owner of an AFO that is an integrator.(b)EstablishmentNot later than 180 days after the date of enactment of this Act, the Secretary shall carry out a program to provide grants to eligible entities to permanently transition from operating an AFO to carrying out other activities on the property on which the AFO is located.(c)PaymentsUnder the program established under subsection (b), the Secretary shall provide grants to eligible entities—(1)to partially or fully pay off any outstanding debt of the eligible entity that was incurred to construct and operate the AFO; and(2)to cover costs relating to the transition of the property on which the AFO is located to be used for alternative agriculture activities, such as raising pasture-based livestock, growing specialty crops, or organic commodity production.(d)RequirementAs a condition of receiving a grant under this section, an eligible entity shall provide to the Secretary a working lands easement on the property on which the AFO is located that prohibits—(1)the operation of the AFO and any associated waste management system on the easement area; and(2)the use of the easement area for a spray field or land application of manure at rates exceeding crop agronomic requirements for nitrogen and phosphorus.(e)Funding(1)In generalOn the first October 1 after the date of enactment of this Act, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $10,000,000,000, to remain available until expended.(2)Receipt and acceptanceThe Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.104.Integrator responsibilities and liabilities(a)Responsibilities and liabilities(1)In generalAn integrator that exercises substantial operational control of an AFO, as described in subsection (b), shall be responsible and liable for, with respect to the operation of the AFO—(A)the disposal of dead animals;(B)the disposal of manure, excrement, and other waste;(C)the discharge or release of any air pollutant, including greenhouse gases, from any source located on or activity occurring at the AFO, including enteric processes, manure, and animal feed;(D)the discharge of any pollutant to groundwater or any surface water body, including the production area, manure storage, manure land application area (crop field), tile drain, and agricultural stormwater runoff of the AFO;(E)any harm suffered by the contract grower of the AFO or a third party from any activity described in subparagraphs (A) through (D), or from any other on-property or off-property contamination, including following an extreme weather event; and(F)any adverse health impacts, property value diminution, and loss of use and enjoyment of property suffered by neighboring residents of the AFO due to the operation of the AFO.(2)Duties not transferableThe responsibilities and liabilities of an integrator under this subsection shall be nondelegable and nontransferable to any third party, including any contract grower.(b)Substantial operational controlAn integrator exercises substantial operational control of an AFO if the integrator—(1)holds an ownership interest in the livestock or poultry, land, or other capital of the AFO;(2)through a growout contract, marketing arrangement, or other arrangement, or through direct supervision of, or on-site participation in, activities at the AFO, controls—(A)the activity of persons working at the AFO;(B)the operation, management, or waste management practices of the AFO; or(C)the manner in which livestock or poultry at the AFO are grown, fed, watered, ventilated, heated, cooled, or medicated;(3)supplies feed, pharmaceuticals, or other inputs to the AFO; or(4)requires a capital investment from the contract grower of the AFO for erecting or expanding facilities at the AFO.(c)Civil actions(1)In generalAny person may—(A)bring a civil action against an integrator in an appropriate court to redress any violation of this section or any other law relating to the activities described in this section; and(B)obtain appropriate relief in a civil action under subparagraph (A).(2)Attorney's fees for plaintiffThe court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection.(3)No preemptionNothing in this subsection preempts, alters, displaces, abridges, or supplants any claim or remedy available under any State or Federal law, including common law, that provides a remedy for civil relief.(d)AFO dischargesSection 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:(t)AFO dischargesThe Administrator shall require that all persons exercising substantial operational control (as described in section 104(b) of the Farm System Reform Act of 2020) over an animal feeding operation (as defined in section 101 of that Act) jointly obtain a permit under this section for a discharge from the animal feeding operation..IIAmendments to Packers and Stockyards Act, 1921201.DefinitionsSection 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(a)) is amended—(1)in paragraph (8), by striking for slaughter and all that follows through of such poultry and inserting under a poultry growing arrangement, regardless of whether the poultry is owned by that person or another person;(2)in paragraph (9), by striking and cares for live poultry for delivery, in accord with another's instructions, for slaughter and inserting or cares for live poultry in accordance with the instructions of another person;(3)in each of paragraphs (1) through (9), by striking the semicolon at the end and inserting a period;(4)in paragraph (10)—(A)by striking for the purpose of either slaughtering it or selling it for slaughter by another; and(B)by striking ; and at the end and inserting a period; and(5)by adding at the end the following:(15)Formula price(A)In generalThe term formula price means any price term that establishes a base from which a purchase price is calculated on the basis of a price that will not be determined or reported until a date that is after the date on which the forward price is established.(B)ExclusionThe term formula price does not include—(i)any price term that establishes a base from which a purchase price is calculated on the basis of a futures market price; or(ii)any adjustment to the base for quality, grade, or other factors relating to the value of livestock or livestock products that are readily verifiable market factors and are outside the control of the packer.(16)Forward contractThe term forward contract means an oral or written contract for the purchase of livestock that provides for the delivery of the livestock to a packer at a date that is more than 7 days after the date on which the contract is entered into, without regard to whether the contract is for—(A)a specified lot of livestock; or(B)a specified number of livestock over a certain period of time..202.Unlawful practices(a)In generalSection 202 of the Packers and Stockyards Act, 1921 (7 U.S.C. 192) is amended—(1)by redesignating subsections (a) through (f) and (g) as paragraphs (1) through (6) and (10), respectively, and indenting appropriately;(2)by striking the section designation and all that follows through It shall be in the matter preceding paragraph (1) (as so redesignated) and inserting the following:202.Unlawful acts(a)In generalIt shall be;(3)in subsection (a)—(A)in the matter preceding paragraph (1) (as so redesignated), by striking to: and inserting to do any of the following:;(B)in each of paragraphs (1) through (6) (as so redesignated), by striking ; or each place it appears and inserting a period;(C)in paragraph (6) (as so redesignated)—(i)by striking (1) and inserting (A);(ii)by striking (2) and inserting (B); and(iii)by striking (3) and inserting (C);(D)by inserting after paragraph (6) the following:(7)Use, in effectuating any sale of livestock, a forward contract that—(A)does not contain a firm base price that may be equated to a fixed dollar amount on the date on which the forward contract is entered into;(B)is not offered for bid in an open, public manner under which—(i)buyers and sellers have the opportunity to participate in the bid;(ii)more than 1 blind bid is solicited; and(iii)buyers and sellers may witness bids that are made and accepted;(C)is based on a formula price; or(D)provides for the sale of livestock in a quantity in excess of—(i)in the case of cattle, 40 cattle;(ii)in the case of swine, 30 swine; and(iii)in the case of another type of livestock, a comparable quantity of that type of livestock, as determined by the Secretary.(8)Own or feed livestock directly, through a subsidiary, or through an arrangement that gives a packer operational, managerial, or supervisory control over the livestock, or over the farming operation that produces the livestock, to such an extent that the producer of the livestock is not materially participating in the management of the operation with respect to the production of the livestock, except that this paragraph shall not apply to—(A)an arrangement entered into not more than 7 business days before slaughter of the livestock by a packer, a person acting through the packer, or a person that directly or indirectly controls, or is controlled by or under common control with, the packer;(B)a cooperative or entity owned by a cooperative, if a majority of the ownership interest in the cooperative is held by active cooperative members that—(i)own, feed, or control the livestock; and(ii)provide the livestock to the cooperative for slaughter;(C)a packer that is not required to report to the Secretary on each reporting day (as defined in section 212 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635a)) information on the price and quantity of livestock purchased by the packer; or(D)a packer that owns only 1 livestock processing plant.(9)Take any action that adversely affects or is likely to adversely affect competition, regardless of whether there is a business justification for the action.; and(E)in paragraph (10) (as so redesignated), by striking subdivision (a), (b), (c), (d), or (e) and inserting paragraphs (1) through (9); and(4)by adding at the end the following:(b)Unfair, discriminatory, and deceptive practices and devicesActs by a packer, swine contractor, or live poultry dealer that violate subsection (a)(1) include the following:(1)Refusal to provide, on the request of a livestock producer, swine production contract grower, or poultry grower with which the packer, swine contractor, or live poultry dealer has a marketing or delivery contract, the relevant statistical information and data used to determine the compensation paid to the livestock producer, swine production contract grower, or poultry grower, as applicable, under the contract, including—(A)feed conversion rates by house, lot, or pen;(B)feed analysis;(C)breeder history;(D)quality grade;(E)yield grade; and(F)delivery volume for any certified branding program (such as programs for angus beef or certified grassfed or Berkshire pork).(2)Conduct or action that limits or attempts to limit by contract the legal rights and remedies of a livestock producer, swine production contract grower, or poultry grower, including the right—(A)to a trial by jury, unless the livestock producer, swine production contract grower, or poultry grower, as applicable, is voluntarily bound by an arbitration provision in a contract;(B)to pursue all damages available under applicable law; and(C)to seek an award of attorneys' fees, if available under applicable law.(3)Termination of a poultry growing arrangement or swine production contract with no basis other than an allegation that the poultry grower or swine production contract grower failed to comply with an applicable law, rule, or regulation.(4)A representation, omission, or practice that is likely to mislead a livestock producer, swine production contract grower, or poultry grower regarding a material condition or term in a contract or business transaction.(c)Undue or unreasonable preferences, advantages, prejudices, and disadvantages(1)In generalActs by a packer, swine contractor, or live poultry dealer that violate subsection (a)(2) include the following:(A)A retaliatory action (including coercion or intimidation) or the threat of retaliatory action—(i)in connection with the execution, termination, extension, or renewal of a contract or agreement with a livestock producer, swine production contract grower, or poultry grower aimed to discourage the exercise of the rights of the livestock producer, swine production contract grower, or poultry grower under this Act or any other law; and(ii)in response to lawful communication (including as described in paragraph (2)), association, or assertion of rights by a livestock producer, swine production contract grower, or poultry grower.(B)Use of the tournament system for poultry as described in paragraph (3).(2)Lawful communication describedA lawful communication referred to in paragraph (1)(A)(ii) includes—(A)a communication with officials of a Federal agency or Members of Congress;(B)any lawful disclosure that demonstrates a reasonable belief of a violation of this Act or any other law; and(C)any other communication that assists in carrying out the purposes of this Act.(3)Use of tournament system for poultry(A)In generalSubject to subparagraph (B), a live poultry dealer shall be in violation of subsection (a)(2) if the live poultry dealer determines the formula for calculating the pay of a poultry grower in a tournament group by comparing the performance of the birds of other poultry growers in the group using factors outside the control of the poultry grower and within the control of the live poultry dealer.(B)ExceptionUnder subparagraph (A), a live poultry dealer shall not be found in violation of subsection (a)(2) if the live poultry dealer demonstrates through clear and convincing evidence that the inputs and services described in subparagraph (C) that were used in the comparative evaluation were substantially the same in quality, quantity, and timing, as applicable, for all poultry growers in the tournament group.(C)Inputs and services describedThe inputs and services referred to in subparagraph (B) include, with respect to poultry growers in the same tournament group—(i)the quantity, breed, sex, and age of chicks delivered to each poultry grower;(ii)the breed and age of the breeder flock from which chicks are drawn for each poultry grower;(iii)the quality, type (such as starter feed), and quantity of feed delivered to each poultry grower;(iv)the quality of and access to medications for the birds of each poultry grower;(v)the number of birds in a flock delivered to each poultry grower;(vi)the timing of the pick-up of birds for processing (including the age of the birds and the number of days that the birds are in the care of the poultry grower) for each poultry grower;(vii)the death loss of birds during pick-up, transport, and time spent at the processing plant for each poultry grower;(viii)condemnations of parts of birds due to actions in processing for each poultry grower;(ix)condemnations of whole birds due to the fault of the poultry grower;(x)the death loss of birds due to the fault of the poultry grower;(xi)the stated reasons for the cause of the death losses and condemnations described in clauses (vii) through (x);(xii)the type and classification of each poultry grower; and(xiii)any other input or service that may have an impact on feed conversion to weight gain efficiency or the life span of the birds of each poultry grower.(d)Harm to competition not requiredIn determining whether an act, device, or conduct is a violation under paragraph (1) or (2) of subsection (a), a finding that the act, device, or conduct adversely affected or is likely to adversely affect competition is not required.. (b)Effective date(1)In generalSubject to paragraph (2), paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 192) (as designated by subsection (a)(2)) shall take effect on the date of enactment of this Act.(2)Transition rulesIn the case of a packer that, on the date of enactment of this Act, owns, feeds, or controls livestock intended for slaughter in violation of paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 192) (as designated by subsection (a)(2)), that paragraph shall take effect—(A)in the case of a packer of swine, beginning on the date that is 18 months after the date of enactment of this Act; and(B)in the case of a packer of any other type of livestock, beginning not later than 180 days after the date of enactment of this Act, as determined by the Secretary.203.Spot market purchases of livestock by packersThe Packers and Stockyards Act, 1921, is amended by inserting after section 202 (7 U.S.C. 192) the following:202A.Spot market purchases of livestock by packers(a)DefinitionsIn this section:(1)Covered packer(A)In generalThe term covered packer means a packer that is required under subtitle B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635 et seq.) to report to the Secretary each reporting day information on the price and quantity of livestock purchased by the packer.(B)ExclusionThe term covered packer does not include a packer that owns only 1 livestock processing plant.(2)Nonaffiliated producerThe term nonaffiliated producer means a producer of livestock—(A)that sells livestock to a packer;(B)that has less than 1 percent equity interest in the packer;(C)that has no officers, directors, employees, or owners that are officers, directors, employees, or owners of the packer;(D)that has no fiduciary responsibility to the packer; and(E)in which the packer has no equity interest.(3)Spot market sale(A)In generalThe term spot market sale means a purchase and sale of livestock by a packer from a producer—(i)under an agreement that specifies a firm base price that may be equated with a fixed dollar amount on the date the agreement is entered into;(ii)under which the livestock are slaughtered not more than 7 days after the date on which the agreement is entered into; and(iii)under circumstances in which a reasonable competitive bidding opportunity exists on the date on which the agreement is entered into.(B)Reasonable competitive bidding opportunityFor the purposes of subparagraph (A)(iii), a reasonable competitive bidding opportunity shall be considered to exist if—(i)no written or oral agreement precludes the producer from soliciting or receiving bids from other packers; and(ii)no circumstance, custom, or practice exists that—(I)establishes the existence of an implied contract (as determined in accordance with the Uniform Commercial Code); and(II)precludes the producer from soliciting or receiving bids from other packers.(b)General ruleOf the quantity of livestock that is slaughtered by a covered packer during each reporting day in each plant, the covered packer shall slaughter not less than the applicable percentage specified in subsection (c) of the quantity through spot market sales from nonaffiliated producers.(c)Applicable percentages(1)In generalExcept as provided in paragraph (2), the applicable percentage shall be 50 percent.(2)ExceptionsIn the case of a covered packer that reported to the Secretary in the 2018 annual report that more than 60 percent of the livestock of the covered packer were committed procurement livestock, the applicable percentage shall be the greater of—(A)the difference between the percentage of committed procurement so reported and 100 percent; and(B)(i)during each of calendar years 2020 and 2021, 20 percent;(ii)during each of calendar years 2022 and 2023, 30 percent; and(iii)during calendar year 2024 and each calendar year thereafter, 50 percent.(d)NonpreemptionThis section does not preempt any requirement of a State or political subdivision of a State that requires a covered packer to purchase on the spot market a greater percentage of the livestock purchased by the covered packer than is required under this section.. 204.Investigation of live poultry dealers(a)Administrative enforcement authority over live poultry dealersSections 203, 204, and 205 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193, 194, 195) are amended by inserting , live poultry dealer, after packer each place it appears.(b)Authority To request temporary injunction or restraining orderSection 408(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 228a(a)) is amended by inserting or poultry care after on account of poultry.(c)Violations by live poultry dealersSection 411 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228b–2) is amended—(1)in subsection (a), in the first sentence, by striking any provision of section 207 or section 410 of; and(2)in subsection (b), in the first sentence, by striking any provisions of section 207 or section 410 and inserting any provision.205.Award of attorney feesSection 204 of the Packers and Stockyards Act, 1921 (7 U.S.C. 194) is amended by adding at the end the following:(i)Attorney's feeThe court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this section.. 206.Technical amendments(a)Section 203 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193) is amended—(1)in subsection (a), in the first sentence—(A)by striking he shall cause and inserting the Secretary shall cause; and(B)by striking his charges and inserting the charges;(2)in subsection (b), in the first sentence, by striking he shall make a report in writing in which he shall state his findings and inserting the Secretary shall make a report in writing in which the Secretary shall state the findings of the Secretary; and(3)in subsection (c), by striking he and inserting the Secretary.(b)Section 204 of the Packers and Stockyards Act, 1921 (7 U.S.C. 194) is amended—(1)in subsection (a), by striking he has his and inserting the packer, live poultry dealer, or swine contractor has the;(2)in subsection (c), by striking his officers, directors, agents, and employees and inserting the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer;(3)in subsection (f), in the second sentence—(A)by striking his findings and inserting the findings of the Secretary; and(B)by striking he and inserting the Secretary; and(4)in subsection (g), by striking his officers, directors, agents, and employees and inserting the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer.IIILabeling of Meat and Dairy Products301.Restoration of mandatory country of origin labeling for beef and pork; inclusion of dairy products(a)DefinitionsSection 281 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638) is amended—(1)by redesignating paragraphs (1), (2) through (5), (6), and (7) as paragraphs (2), (4) through (7), (9), and (10), respectively;(2)by inserting before paragraph (2) (as so redesignated) the following:(1)BeefThe term beef means meat produced from cattle (including veal).;(3)in paragraph (2) (as so redesignated)—(A)in subparagraph (A)—(i)in clause (i), by striking lamb and inserting beef, lamb, pork,;(ii)in clause (ii), by striking ground lamb and inserting ground beef, ground lamb, ground pork,;(iii)in clause (x), by striking and at the end;(iv)in clause (xi), by striking the period at the end and inserting ; and; and(v)by adding at the end the following:(xii)dairy products.; and(B)in subparagraph (B), by inserting (other than clause (xii) of that subparagraph) after subparagraph (A);(4)by inserting after paragraph (2) (as so redesignated) the following:(3)Dairy productThe term dairy product means—(A)fluid milk;(B)cheese, including cottage cheese and cream cheese;(C)yogurt;(D)ice cream;(E)butter; and(F)any other dairy product.; and(5)by inserting after paragraph (7) (as so redesignated) the following:(8)PorkThe term pork means meat produced from hogs..(b)Notice of country of originSection 282(a) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638a(a)) is amended by adding at the end the following:(5)Designation of country of origin for dairy products(A)In generalA retailer of a covered commodity that is a dairy product shall designate the origin of the covered commodity as—(i)each country in which or from which the one or more dairy ingredients or dairy components of the covered commodity were produced, originated, or sourced; and(ii)each country in which the covered commodity was processed.(B)State, region, locality of the United StatesWith respect to a covered commodity that is a dairy product produced exclusively in the United States, designation by a retailer of the State, region, or locality of the United States where the covered commodity was produced shall be sufficient to identify the United States as the country of origin..302.Truth in labeling for meat and meat food productsSection 7 of the Federal Meat Inspection Act (21 U.S.C. 607) is amended by adding at the end the following:(g)Product of the United StatesThe label of a meat or meat food product may bear the phrase Product of U.S.A., or any substantially similar word or phrase, only if the meat or meat food product is exclusively derived from one or more animals exclusively born, raised, and slaughtered in the United States..


		II
		112th CONGRESS
		1st Session
		S. 1438
		IN THE SENATE OF THE UNITED STATES

			July 28, 2011
			Mr. Johnson of Wisconsin
			 (for himself, Mr. Paul,
			 Mr. Cornyn, Mr.
			 Lee, Mr. Toomey,
			 Mr. Risch, Mr.
			 Coburn, Ms. Ayotte,
			 Mr. Rubio, Mr.
			 DeMint, Mr. Vitter,
			 Mr. Grassley, Mr. Isakson, Mr.
			 Hatch, Mr. Wicker,
			 Mrs. Hutchison, Mr. Inhofe, Mr.
			 Burr, Mr. Coats,
			 Mr. Boozman, and
			 Mr. Enzi) introduced the following bill;
			 which was read twice and referred to the Committee on Homeland Security and Governmental
			 Affairs

		A BILL
		To provide that no agency may take any significant
		  regulatory action until the unemployment rate is equal to or less than 7.7
		  percent.

		1.Short titleThis Act may be cited as the
			 Regulation Moratorium and Jobs
			 Preservation Act of 2011.
		2.DefinitionsIn this Act—
			(1)the term
			 agency has the meaning given under section 3502(1) of title 44,
			 United States Code;
			(2)the term
			 regulatory action means any substantive action by an agency that
			 promulgates or is expected to lead to the promulgation of a final regulation,
			 including notices of inquiry, advance notices of proposed rulemaking, and
			 notices of proposed rulemaking;
			(3)the term
			 significant regulatory action means any regulatory action that is
			 likely to result in a rule or guidance that may—
				(A)have an annual
			 effect on the economy of $100,000,000 or more or adversely affect in a material
			 way the economy, a sector of the economy, productivity, competition, jobs, the
			 environment, public health or safety, small entities, or State, local, or
			 tribal governments or communities;
				(B)create a serious
			 inconsistency or otherwise interfere with an action taken or planned by another
			 agency;
				(C)materially alter
			 the budgetary impact of entitlements, grants, user fees, or loan programs or
			 the rights and obligations of recipients thereof; or
				(D)raise novel legal
			 or policy issues; and
				(4)the term
			 small entities has the meaning given under section 601(6) of title
			 5, United States Code.
			3.Significant
			 regulatory actions
			(a)In
			 generalNo agency may take
			 any significant regulatory action, until the Bureau of Labor Statistics average
			 of monthly unemployment rates for any quarter beginning after the date of
			 enactment of this Act is equal to or less than 7.7 percent.
			(b)DeterminationThe Secretary of Labor shall submit a
			 report to the Director of the Office of Management and Budget whenever the
			 Secretary determines that the Bureau of Labor Statistics average of monthly
			 unemployment rates for any quarter beginning after the date of enactment of
			 this Act is equal to or less than 7.7 percent.
			4.Waivers
			(a)National
			 security or national emergencyThe President may waive the application of
			 section 3 to any significant regulatory action, if the President—
				(1)determines that
			 the waiver is necessary on the basis of national security or a national
			 emergency; and
				(2)submits
			 notification to Congress of that waiver and the reasons for that waiver.
				(b)Additional
			 waivers
				(1)SubmissionThe
			 President may submit a request to Congress for a waiver of the application of
			 section 3 to any significant regulatory action.
				(2)ContentsA
			 submission under this subsection shall include—
					(A)an identification
			 of the significant regulatory action; and
					(B)the reasons which
			 necessitate a waiver for that significant regulatory action.
					(3)Congressional
			 actionCongress shall give expeditious consideration and take
			 appropriate legislative action with respect to any waiver request submitted
			 under this subsection.
				5.Judicial
			 review
			(a)DefinitionIn
			 this section, the term small business means any business,
			 including an unincorporated business or a sole proprietorship, that employs not
			 more than 500 employees or that has a net worth of less than $7,000,000 on the
			 date a civil action arising under this Act is filed.
			(b)ReviewAny
			 person that is adversely affected or aggrieved by any significant regulatory
			 action in violation of this Act is entitled to judicial review in accordance
			 with chapter 7 of title 5, United States Code.
			(c)JurisdictionEach
			 court having jurisdiction to review any significant regulatory action for
			 compliance with any other provision of law shall have jurisdiction to review
			 all claims under this Act.
			(d)ReliefIn
			 granting any relief in any civil action under this section, the court shall
			 order the agency to take corrective action consistent with this Act and chapter
			 7 of title 5, United States Code, including remanding the significant
			 regulatory action to the agency and enjoining the application or enforcement of
			 that significant regulatory action, unless the court finds by a preponderance
			 of the evidence that application or enforcement is required to protect against
			 an imminent and serious threat to the national security from persons or states
			 engaged in hostile or military activities against the United States.
			(e)Reasonable
			 attorney fees for small businessesThe court shall award
			 reasonable attorney fees and costs to a substantially prevailing small business
			 in any civil action arising under this Act. A party qualifies as substantially
			 prevailing even without obtaining a final judgment in its favor if the agency
			 changes its position as a result of the civil action.
			(f)Limitation on
			 commencing civil actionA person may seek and obtain judicial
			 review during the 1-year period beginning on the date of the challenged agency
			 action or within 90 days after an enforcement action or notice thereof, except
			 that where another provision of law requires that a civil action be commenced
			 before the expiration of that 1-year period, such lesser period shall
			 apply.


115 HR 4153 IH: Federal Law Enforcement and Public Protection Act
U.S. House of Representatives
2017-10-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 4153IN THE HOUSE OF REPRESENTATIVESOctober 26, 2017Mr. DeSaulnier introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, 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 amend title 18, United States Code, to improve safety and security for service weapons used by
			 Federal law enforcement officers, and for other purposes.

 1.Short titleThis Act may be cited as the Federal Law Enforcement and Public Protection Act. 2.Improving safety and security for service weapons used by Federal law enforcement officers (a)In generalChapter 203 of title 18, United States Code, is amended by adding at the end the following:

					3064.Safety and security of service weapons used by Federal law enforcement officers
 (a)The head of each civilian or military Federal law enforcement agency shall prescribe requirements for the safe locking and storage of service firearms when they are not in use, to be followed by each Federal law enforcement officer in that agency and each person who assists that agency in its law enforcement functions, who carries a firearm as a service weapon, or who makes arrests for offenses against the United States or carries out protective security functions. The agency shall provide the appropriate equipment needed to comply with those requirements to each person to whom that agency’s requirements prescribed under this subsection apply.
 (b)In prescribing the requirements under subsection (a) the head of each agency shall adopt the following minimum standards for safe storage and locking:
 (1)Officers are responsible for the safe storage of their service firearm when not in their personal possession by using smart guns and smart locks, trigger locks, safes, gunlock boxes, or other means approved by the agency.
 (2)Service firearms shall not be stored in government-owned or government-provided vehicles or personally owned vehicles except for temporary storage when at court, when other options for safekeeping are not available, or if authorized by the agency.
 (3)Any violation of the requirements constitutes grounds for discipline, for which the agency shall consider imposing minimum punishment standards.
 (c)The head of each Federal civilian or military law enforcement agency shall report any loss or theft of a service firearm from that agency, any law enforcement officer in that agency, or any person assisting such an officer—
 (1)to relevant State and local law enforcement agencies; and (2)to the agency or department’s Office of Professional Responsibility, Internal Affairs, or Inspector General.
 (d)The head of each civilian or military Federal law enforcement agency shall take appropriate action to ensure that any person who assists that agency in its law enforcement functions and carries a firearm in the course of doing so is trained in safe storage and locking practices.
 (e)The head of each civilian and military Federal law enforcement agency shall provide written materials to each Federal law enforcement officer in that agency, and each person who assists that agency in its law enforcement functions, who carries a firearm as a service weapon, about the statistical risks of keeping a firearm at home, especially if it is easily accessible.
 (f)There are authorized to be appropriated to carry out this section, including the provision of equipment under subsection (a), such sums as may be necessary..
 (b)Clerical amendmentThe table of sections at the beginning of chapter 203 of title 18, United States Code, is amended by adding at the end the following new item:

						3064. Safety and security of service weapons used by Federal law enforcement officers..


I115th CONGRESS1st SessionH. R. 942IN THE HOUSE OF REPRESENTATIVESFebruary 7, 2017Mr. Connolly (for himself and Mr. McKinley) introduced the following bill; which was referred to the Committee on Oversight and Government ReformA BILLTo extend the right of appeal to the Merit Systems Protection Board to certain employees of the United States Postal Service.
1.Short title This Act may be cited as the Postal Employee Appeal Rights Amendments Act. 2.Right of appeal to Merit Systems Protection BoardSection 1005(a)(4)(A)(ii)(I) of title 39, United States Code, is amended to read as follows:

(I)is an officer or employee of the Postal Service who— (aa)is not represented by a bargaining representative recognized under section 1203; and
(bb)is in a supervisory, professional, technical, clerical, administrative, or managerial position covered by the Executive and Administrative Schedule; and.