117 HRES 424 IH: Expressing support for the designation of June 1, 2021, as “Batten Disease Awareness Day”.
U.S. House of Representatives
2021-05-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV117th CONGRESS1st SessionH. RES. 424IN THE HOUSE OF REPRESENTATIVESMay 20, 2021Mr. Garcia of California submitted the following resolution; which was referred to the Committee on Energy and CommerceRESOLUTIONExpressing support for the designation of June 1, 2021, as Batten Disease Awareness Day.
Whereas Batten disease is a family of rare genetic disorders of the nervous system that typically begins in childhood; Whereas there are many forms of Batten disease, and the mutations of at least 14 different genes are known to cause the disease;
Whereas symptoms of the fatal disease include vision loss leading to blindness, personality and behavioral changes, seizures, intellectual decline, disruption and loss of speech, dementia, and other debilitating ailments; Whereas depending on the age of onset, Batten disease usually leads to premature death when the patient is in his or her late teens or early twenties;
Whereas Batten disease occurs in an estimated 2 to 4 of every 100,000 births in the United States; Whereas due to the many different forms of the disease, there is significant variability in the age of onset and symptom progression for each case;
Whereas on average, the process to reach the correct diagnosis for a patient with a rare disease could take up to 7.6 years, visits with numerous physicians, and multiple misdiagnoses; Whereas there is no known cure for Batten disease, and the lack of essential funding has hindered scientists’ ability to find a potential treatment or cure; and
Whereas the Federal Government has not done enough to provide funding for rare diseases, and 95 percent of the 7,000 rare diseases still have no FDA-approved treatment: Now, therefore, be it That the House of Representatives—
(1)supports the designation of a Batten Disease Awareness Day; and (2)calls for more funding for research to be done on potential treatment and cures for rare diseases.


		III
		110th CONGRESS
		2d Session
		S. RES. 518
		IN THE SENATE OF THE UNITED STATES

			April 16, 2008
			Mr. Dodd (for himself,
			 Mr. Alexander, and
			 Mr. Kennedy) submitted the following
			 resolution; which was referred to the Committee on the Judiciary

			April 21, 2008
			Committee discharged; considered and agreed
			 to

		RESOLUTION
		Designating the third week of April 2008 as
		  National Shaken Baby Syndrome Awareness Week.

		Whereas the month of April has been designated
			 National Child Abuse Prevention Month as an annual tradition
			 initiated in 1979 by President Jimmy Carter;
		Whereas the National Child Abuse and Neglect Data System
			 figures reveal that more than 900,000 children were victims of abuse and
			 neglect in the United States in 2006, causing unspeakable pain and suffering
			 for our most vulnerable citizens;
		Whereas more than 4 children die as a result of abuse or
			 neglect in the United States each day;
		Whereas children younger than 1 year old accounted for
			 approximately 44 percent of all child abuse and neglect fatalities in 2006, and
			 children younger than 3 years old accounted for approximately 78 percent of all
			 child abuse and neglect fatalities in 2006;
		Whereas abusive head trauma, including the trauma known as
			 Shaken Baby Syndrome, is recognized as the leading cause of death among
			 physically abused children;
		Whereas Shaken Baby Syndrome can result in loss of vision,
			 brain damage, paralysis, seizures, or death;
		Whereas 20 States have enacted statutes related to
			 preventing and increasing awareness of Shaken Baby Syndrome;
		Whereas medical professionals believe that thousands of
			 additional cases of Shaken Baby Syndrome and other forms of abusive head trauma
			 are being misdiagnosed or are undetected;
		Whereas Shaken Baby Syndrome often results in permanent,
			 irreparable brain damage or death of an infant and may result in extraordinary
			 costs for medical care in only the first few years of the life of the
			 child;
		Whereas the most effective solution for preventing Shaken
			 Baby Syndrome is to prevent the abuse, and it is clear that the minimal costs
			 of education and prevention programs may prevent enormous medical and
			 disability costs and immeasurable amounts of grief for many families;
		Whereas prevention programs have demonstrated that
			 educating new parents about the danger of shaking young children and how to
			 protect their children from injury can significantly reduce the number of cases
			 of Shaken Baby Syndrome;
		Whereas education programs raise awareness and provide
			 critically important information about Shaken Baby Syndrome to parents,
			 caregivers, childcare providers, child protection employees, law enforcement
			 personnel, health care professionals, and legal representatives;
		Whereas National Shaken Baby Syndrome Awareness Week and
			 efforts to prevent child abuse, including Shaken Baby Syndrome, are supported
			 by groups across the United States, including groups formed by parents and
			 relatives of children who have been killed or injured by shaking, whose mission
			 is to educate the general public and professionals about Shaken Baby Syndrome
			 and to increase support for victims and the families of the victims in the
			 health care and criminal justice systems;
		Whereas the Senate previously designated the third week of
			 April 2007 as National Shaken Baby Syndrome Awareness Week;
			 and
		Whereas the Senate strongly supports efforts to protect
			 children from abuse and neglect: Now, therefore, be it

		That the Senate—
			(1)designates the
			 third week of April 2008 as National Shaken Baby Syndrome Awareness
			 Week;
			(2)commends
			 hospitals, child care councils, schools, community groups, and other
			 organizations that are—
				(A)working to
			 increase awareness of the danger of shaking young children;
				(B)educating parents
			 and caregivers on how they can help protect children from injuries caused by
			 abusive shaking; and
				(C)helping families
			 cope effectively with the challenges of child-rearing and other stresses in
			 their lives; and
				(3)encourages the
			 people of the United States—
				(A)to remember the
			 victims of Shaken Baby Syndrome; and
				(B)to participate in
			 educational programs to help prevent Shaken Baby Syndrome.


		I
		112th CONGRESS
		1st Session
		H. R. 3208
		IN THE HOUSE OF REPRESENTATIVES

			October 14, 2011
			Mr. Shimkus (for
			 himself, Mr. Gingrey of Georgia,
			 Mr. Guthrie,
			 Mr. Lance,
			 Mrs. Blackburn,
			 Mr. Rogers of Michigan,
			 Mr. Bilbray,
			 Mr. Burgess,
			 Mr. Barton of Texas,
			 Mr. Paulsen,
			 Mr. Cassidy, and
			 Mr. Latta) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce

		A BILL
		To reaffirm the Safe Medical Devices Act of 1990 by
		  requiring that the Secretary of Health and Human Services establish a schedule
		  and issue regulations as required under section 515(i) of the Federal Food,
		  Drug, and Cosmetic Act, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Patients Come First Act
			 of 2011.
		2.FindingsCongress finds as follows:
			(1)Under the Safe Medical Devices Act of 1990
			 (Public Law 101–629), Congress amended section 515 of the Federal Food, Drug,
			 and Cosmetic Act (21 U.S.C. 360e) to require the Food and Drug Administration
			 to reclassify preamendment class III devices to a lower class or to require
			 them to go through the premarket approval process.
			(2)The Food and Drug
			 Administration still has not complied with the mandate of Congress under such
			 Act, jeopardizing the health of the Nation’s patients.
			3.Establishment of
			 schedule and promulgation of regulation
			(a)Establishment of
			 scheduleNot later than 90
			 days after the date of enactment of this Act, the Secretary of Health and Human
			 Services shall establish the schedule referred to in section 515(i)(3) of the
			 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e(i)(3)).
			(b)RegulationNot later than one year after the date that
			 the schedule is established under such section 515(i)(3) (as required by
			 subsection (a)) the Secretary shall issue a
			 final regulation under section 515(b) of such Act for each device that the
			 Secretary requires to remain in class III through a determination under section
			 515(i)(2) of such Act.
			4.Program to
			 improve the device recall systemChapter V of the Federal Food, Drug, and
			 Cosmetic Act is amended by inserting after section 518 (21 U.S.C. 360h) the
			 following:

				518A.Program to
				improve the device recall system
					(a)In
				generalThe Secretary
				shall—
						(1)establish a
				program to routinely and systematically assess information relating to device
				recalls and use such information to proactively identify strategies for
				mitigating health risks presented by defective or unsafe devices;
						(2)clarify procedures
				for conducting device recall audit checks to improve the ability of
				investigators to perform those checks in a consistent manner;
						(3)develop detailed
				criteria for assessing whether a person performing a device recall has
				performed an effective correction or action plan for the recall; and
						(4)document the basis
				for each termination by the Food and Drug Administration of a device
				recall.
						(b)Assessment
				contentThe program established under subsection (a)(1) shall, at
				a minimum, identify—
						(1)trends in the
				number and types of device recalls;
						(2)devices that are
				most frequently the subject of a recall; and
						(3)underlying causes
				of device
				recalls.
						.


		I
		111th CONGRESS
		1st Session
		H. R. 248
		IN THE HOUSE OF REPRESENTATIVES

			January 7, 2009
			Mr. Gene Green of
			 Texas introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To provide Capitol-flown flags to the families of
		  deceased law enforcement officers.

		1.Short titleThis Act may be cited as the
			 Law Enforcement Officers Flag Memorial
			 Act.
		2.Capitol-flown flags
			 for families of deceased law enforcement officers
			(a)Authority
				(1)In
			 generalThe family of a deceased law enforcement officer may
			 request, and the Attorney General shall provide to such family, a Capitol-flown
			 flag, which shall be supplied to the Attorney General by the Architect of the
			 Capitol. The family shall pay the cost of such flag, including shipping.
				(2)Effective
			 dateParagraph (1) shall take effect on the date on which the
			 Attorney General establishes the procedure required by subsection (b).
				(b)ProcedureNot
			 later than 180 days after the date of enactment of this Act, the Attorney
			 General shall establish a procedure (including any appropriate forms) by which
			 the family of a deceased law enforcement officer may request, and provide
			 sufficient information to determine such officer's eligibility for, a
			 Capitol-flown flag.
			(c)ApplicabilityThis
			 Act shall only apply to a deceased law enforcement officer who died on or after
			 the date of enactment of this Act.
			(d)DefinitionsIn
			 this Act—
				(1)the term
			 Capitol-flown flag means a United States flag flown over the
			 United States Capitol in honor of the deceased law enforcement officer for whom
			 such flag is requested; and
				(2)the term
			 deceased law enforcement officer means a person who was charged
			 with protecting public safety, who was authorized to make arrests by a Federal,
			 State, or local law enforcement agency, and who died while employed by such an
			 agency or after retiring in good standing from such an agency.


110 HR 6112 IH: To provide for the monitoring of the long-term medical

U.S. House of Representatives
2008-05-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 6112
		IN THE HOUSE OF REPRESENTATIVES

			May 21, 2008
			Mr. Baca introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committee on
			 Science and Technology,
			 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 provide for the monitoring of the long-term medical
		  health of firefighters who responded to emergencies in certain disaster areas
		  and for the treatment of such firefighters.

		1.Short titleThis Act may be referred to as the
			 Healthy Firefighters Act.
		2.Monitoring and treatment of firefighters in
			 disaster areas
			(a)In GeneralThe United States Fire Administration,
			 after consultation with the National Institute for Occupational Safety and
			 Health, shall—
				(1)contract with an appropriate, locally based
			 medical research university to conduct long-term medical health monitoring of
			 those firefighters who responded to emergencies in any areas referred to in
			 subsection (b); and
				(2)in consultation with the Secretary of
			 Health and Human Services, provide for the treatment of firefighters described
			 in paragraph (1) who suffer health-related conditions as a result of responding
			 to such emergencies.
				(b)Affected FirefightersAn area referred to in this subsection is
			 any area which is declared a disaster area by the Federal Government.
			(c)Health MonitoringThe long-term health monitoring referred to
			 in subsection (a) shall include—
				(1)pulmonary illness, neurological damage, and
			 cardiovascular damage; and
				(2)exposure documentation.
				(d)Authorization of
			 AppropriationsThere are
			 authorized to be appropriated to the United States Fire Administration to carry
			 out this section, such sums as may be necessary for each of fiscal years 2009
			 through 2013.


116 HRES 993 IH: Expressing support for the designation of June 2020 as “National Gun Violence Awareness Month”, and calling on Congress to address gun violence.
U.S. House of Representatives
2020-06-04
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.

IV116th CONGRESS2d SessionH. RES. 993IN THE HOUSE OF REPRESENTATIVESJune 4, 2020Ms. Norton submitted the following resolution; which was referred to the Committee on the JudiciaryRESOLUTIONExpressing support for the designation of June 2020 as National Gun Violence Awareness Month, and calling on Congress to address gun violence.Whereas summer is the season with the highest rates of gun violence in the United States;Whereas 100,000 Americans suffer gunshot wounds in the United States every year;Whereas approximately 96 people die and approximately 200 are injured from gun violence each day in the United States;Whereas more than 60 percent of all gunshot victims in the United States are under 30 years old;Whereas every 70 minutes, one American under the age of 25 loses his or her life to gun violence;Whereas 5 percent of gun dealers (approximately 3,000 dealers nationwide) supply nearly 90 percent of all crime guns that show up in American streets;Whereas more children have been killed by guns in the United States since the 2012 Sandy Hook Elementary School shooting than the total number of American soldiers killed in overseas combat since September 11, 2001;Whereas more Americans have died from gunshot wounds in the past three decades than the sum total of combat deaths in all the wars in United States history;Whereas half of all suicides are a result of gunshot wounds;Whereas 90 percent of homicides of law enforcement officers are the result of firearms;Whereas firearms used during a robbery are 3 times more likely than knives and 10 times more likely than other weapons to result in the death of a victim;Whereas 20 percent of female homicide victims are killed by a current or former partner using firearms;Whereas gun violence declined in the 1990s after the enactment of the Brady Handgun Violence Prevention Act in 1993, which created a national background check system, and the Violent Crime Control and Law Enforcement Act of 1994, which placed a 10-year ban on the sale of assault weapons and large capacity ammunition magazines;Whereas the ban on the sale of assault weapons and large capacity ammunition magazines expired in 2004;Whereas according to a 2014 study, of the 16 States that then required background checks of private gun sales, there were 38 percent fewer fatal shootings of women by their partners, 39 percent fewer police murdered by firearms, 17 percent fewer firearm-aggravated assaults, and 49 percent fewer suicides using firearms;Whereas almost 40,000 deaths in the United States were due to guns in 2017; andWhereas June would be an appropriate month to designate as National Gun Violence Awareness Month: Now, therefore, be itThat the House of Representatives—(1)supports the designation of National Gun Violence Awareness Month; and(2)calls on the Senate to pass gun violence prevention legislation, including—(A)H.R. 8, the Bipartisan Background Checks Act of 2019, to require a background check on every gun sale or transfer, which passed the House of Representatives on February 27, 2020; and(B)H.R. 1112, the Enhanced Background Checks Act of 2019, to close the Charleston Loophole by providing the Federal background check system additional time to make a final determination on a potential gun purchaser before a licensed dealer can transfer a gun, which passed the House of Representatives on February 28, 2020.


109 HJ 51 IH: Proposing an amendment to the Constitution of the United States to allow debate to be closed on any measure, motion, or other matter pending before the Senate only by unanimous consent or the concurrence of three-fifths of the Senators.
U.S. House of Representatives
2005-05-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IA
109th CONGRESS
1st Session
H. J. RES. 51
IN THE HOUSE OF REPRESENTATIVES

May 23, 2005
Mr. Pallone introduced the following joint resolution; which was referred to the Committee on the Judiciary

JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States to allow debate to be closed on any measure, motion, or other matter pending before the Senate only by unanimous consent or the concurrence of three-fifths of the Senators.

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.The debate upon any measure, motion, or other matter pending before the Senate may not be brought to a close except by unanimous consent or the concurrence of three-fifths of the Senators duly chosen and sworn, except on a measure or motion to amend the Senate rules, in which case the necessary affirmative vote shall be two-thirds of the Senators present and voting.  .


116 HR 1824 IH: Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2019
U.S. House of Representatives
2019-03-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1824IN THE HOUSE OF REPRESENTATIVESMarch 18, 2019Mr. Katko (for himself and Mr. Kennedy) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Public Health Service Act to provide for the establishment of a mesothelioma patient
			 registry, and for other purposes.

 1.Short titleThis Act may be cited as the Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2019. 2.Patient registry for mesothelioma data collection and researchTitle III of the Public Health Service Act is amended by inserting after section 399V–6 of such Act (42 U.S.C. 280g–17) the following:

				399V–7.Patient registry for mesothelioma data collection and research
 (a)In generalThe Secretary, acting through the Administrator of the Agency for Toxic Substances and Disease Registry, shall develop a patient registry to collect data on mesothelioma, including information with respect to the incidence and prevalence of the disease in the United States.
 (b)UsesThe Secretary shall use the registry under subsection (a)— (1)to enhance and expand infrastructure and activities for tracking the epidemiology of mesothelioma patients;
 (2)to collect, consolidate, and report on health information on patients who have been diagnosed with mesothelioma, including with respect to—
 (A)treatment outcomes, including patient longevity; and (B)the number of patients receiving treatment for mesothelioma disaggregated by hospital;
 (3)to better describe the incidence and prevalence of mesothelioma in the United States; (4)to facilitate further research on mesothelioma;
 (5)to examine factors, such as environmental and occupational factors, that may be associated with mesothelioma;
 (6)to better outline key demographic factors (such as age, race or ethnicity, gender, and family history) associated with mesothelioma; and
 (7)to make the information in such registry, other than individually identifiable information, available to the public to facilitate and enhance research on, and prevention and treatment of, mesothelioma.
 (c)ContentIn carrying out this section, the Secretary— (1)shall provide for the collection and storage of information on the incidence and prevalence of mesothelioma in the United States;
 (2)when scientifically possible, shall provide for the collection and storage of other available information on mesothelioma, such as information concerning—
 (A)demographics and other information associated or possibly associated with mesothelioma, such as age, race, ethnicity, sex, geographic location, and family history;
 (B)risk factors associated or possibly associated with mesothelioma, including genetic and environmental risk factors; and
 (C)diagnosis and progression markers; and (3)may provide for the collection and storage of information relevant to analysis on mesothelioma, such as information concerning—
 (A)the epidemiology of the disease; (B)the natural history of the disease;
 (C)the prevention of the disease; (D)the detection, management, and treatment approaches for the disease; and
 (E)the development of outcomes measures. (d)ConsultationIn carrying out this section, the Secretary shall consult with individuals with appropriate expertise, including non-Federal mesothelioma experts including—
 (1)epidemiologists with experience in disease surveillance or registries; (2)representatives of national voluntary associations that focus on mesothelioma or have demonstrated experience in research, care, or patient service for mesothelioma;
 (3)health information technology experts or other information management specialists; (4)clinicians with expertise in mesothelioma; and
 (5)research scientists with experience conducting translational research or utilizing surveillance systems for scientific research purposes.
 (e)Coordination with other Federal agenciesThe Secretary shall make information in and analysis derived from the registry under this section available, as appropriate, to Federal departments and agencies, such as the National Institutes of Health, the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, the Department of Veterans Affairs, and the Department of Defense.
 (f)Public AccessSubject to subsection (g), the Secretary shall make information in, and analysis derived from, the registry under this section available, as appropriate, to the public, including researchers.
 (g)PrivacyThe Secretary shall ensure that privacy and security protections applicable to the registry under this section are at least as stringent as the privacy and security protections under HIPAA privacy and security law (as defined in section 3009).
					(h)Reports to Congress
 (1)Initial reportNot later than 18 months after the date of enactment of the Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2019, the Secretary shall submit to the Congress a report that— (A)shall outline—
 (i)the findings in the mesothelioma patient registry under subsection (a); (ii)future plans for expansion or revision of such registry; and
 (iii)the scope of such registry; and (B)may include a description of the activities undertaken by the Secretary to establish partnerships with research and patient advocacy communities to expand such registry.
 (2)Subsequent reportNot later than 4 years after the date of enactment of the Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2019, the Secretary shall submit a report to the Congress concerning the implementation of this section. Such report should include information on—
 (A)the development and maintenance of the mesothelioma patient registry under subsection (a); (B)the type of information collected and stored in the registry;
 (C)the use and availability of such information, including guidelines for such use; and (D)the use and coordination of databases that collect or maintain information on mesothelioma..


116 HR 7963 IH: Credit Union Governance Modernization Act of 2020
U.S. House of Representatives
2020-08-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7963IN THE HOUSE OF REPRESENTATIVESAugust 7, 2020Mr. Emmer (for himself and Mr. Perlmutter) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the Federal Credit Union Act to modernize certain processes regarding expulsion of credit union members for cause, and for other purposes.1.Short titleThis Act may be cited as the Credit Union Governance Modernization Act of 2020.2.Expulsion of Federal credit union members for causeSection 118(a) of the Federal Credit Union Act (12 U.S.C. 1764(a)) is amended—(1)by striking Except and inserting (1) Except;(2)by striking by a two-thirds vote of the members of a Federal credit union present at a special meeting called for the purpose, but only after opportunity has been given him to be heard and inserting for cause pursuant to a policy adopted by a majority vote of a quorum of the directors of the Federal credit union and provided in written or electronic form to all members of the Federal credit union; and(3)by adding at the end the following:(2)(A)Any member expelled pursuant to this paragraph shall—(i)be provided with written or electronic notice of the reason for the expulsion; and(ii)be given an opportunity to request reinstatement of membership and have the request considered at a meeting of the board of directors, in a timely manner after the expulsion. (B)Nothing in this paragraph may be construed to require a board of directors to allow an expelled member to address the board in person or attend the meeting described in subparagraph (A)(ii) in person. (3)In this subsection, the term cause includes—(A)a loss to the Federal credit union;(B)a violation of the membership agreement of the Federal credit union;(C)a disruption to the operations of a Federal credit union; and(D)fraud, attempted fraud, other illegal behavior, or inappropriate behavior, as defined by the policy described in paragraph (1), such as physical or verbal abuse of Federal credit union members or staff..


117 HR 1469 IH: York River Wild and Scenic River Act of 2021
U.S. House of Representatives
2021-03-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1469IN THE HOUSE OF REPRESENTATIVESMarch 1, 2021Ms. Pingree (for herself and Mr. Golden) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo amend the Wild and Scenic Rivers Act to designate certain river segments within the York watershed in the State of Maine as components of the National Wild and Scenic Rivers System, and for other purposes.1.Short titleThis Act may be cited as the York River Wild and Scenic River Act of 2021.2.Designation of York Wild and Scenic Rivers, MaineSection 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:(_)York River, MaineSegments of the main stem and its tributaries in the State of Maine, Bass Cove Creek, Cider Hill Creek, Cutts Ridge Brook, Dolly Gordon Brook, Libby Brook, Rogers Brook, Smelt Brook, totaling approximately 30.8 miles, to be administered by the Secretary of the Interior, as a recreational river:(A)The approximately 0.95-mile segment of Bass Cove Creek from the outlet of Boulter Pond in York, Maine, and extending downstream to its confluence with the York River in York, Maine.(B)The approximately 3.77-mile segment of Cider Hill Creek from the Middle Pond dam in York, Maine, and extending downstream to its confluence with the York River in York, Maine.(C)The approximately 2.15-mile segment of Cutts Ridge Brook from its headwaters in Kittery, Maine, and extending downstream to its confluence with the York River in York, Maine.(D)The approximately 3.17-mile segment of Dolly Gordon Brook from its headwaters in York, Maine, and extending downstream to its confluence with the York River in York, Maine.(E)The approximately 1.65-mile segment of Libby Brook from its headwaters in Kittery, Maine, and extending downstream to its confluence with Dolly Gordon Brook in York, Maine.(F)The approximately 2.43-mile segment of Rogers Brook from its headwaters in Eliot, Maine, and extending downstream to its confluence with the York River in York, Maine.(G)The approximately 4.54-mile segment of Smelt Brook from the Bell Marsh Reservoir dam in York, Maine, and extending downstream to its confluence with the York River in York, Maine.(H)The approximately 12.14-mile segment of the York River from the outlet of York Pond in Eliot, Maine, and extending downstream to the Route 103 Bridge in York, Maine, including Barrell Mill Pond in York, Maine..3.Management(a)Process(1)In generalThe York River, Maine segments shall be managed in accordance with—(A)the stewardship plan; and(B)such amendments to the stewardship plan as the Secretary determines are consistent with this section and as are approved by the Stewardship Committee.(2)Comprehensive management planThe stewardship plan shall be considered to satisfy the requirements for a comprehensive management plan under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).(b)CommitteeThe Secretary shall coordinate his or her management responsibilities under this Act with the Stewardship Committee, as specified in the stewardship plan.(c)Cooperative agreements(1)In generalIn order to provide for the long-term protection, preservation, and enhancement of the York River, Maine segments, the Secretary may enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e) and 1282(b)(1)) with—(A)the State of Maine;(B)the municipalities of Eliot, Kittery, South Berwick, and York in Maine; and(C)appropriate local, regional, or State planning, environmental, or recreational organizations.(2)ConsistencyEach cooperative agreement entered into under this subsection shall be consistent with the stewardship plan and may include provisions for financial or other assistance from the United States.(d)Land management(1)Zoning ordinancesFor the purpose of the York River, Maine segments, the zoning ordinances adopted by the municipalities named in subsection (c)(1)(B), including provisions for conservation of floodplains, wetlands, and watercourses associated with the segments, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act.(2)Acquisition of landsThe authority of the Secretary to acquire land for the purposes of the York River, Maine segments shall be—(A)limited to acquisition by donation or acquisition with the consent of the owner of the land; and(B)subject to the additional criteria set forth in the stewardship plan.(3)No condemnationNo land or interest in land within the watersheds of the York River, Maine segments may be acquired by condemnation.(e)Relation to the National Park SystemNotwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the York River, Maine segments shall not—(1)be administered as a unit of the National Park System; or(2)be subject to regulations that govern the National Park System.(f)DefinitionsFor the purposes of this section:(1)SecretaryThe term Secretary means the Secretary of the Interior.(2)Stewardship CommitteeThe term Stewardship Committee means the York River Stewardship Committee.(3)Stewardship PlanThe term stewardship plan means the York River Watershed Stewardship Plan, dated August 2018, developed pursuant to the study described in section 5(b)(21) of the Wild and Scenic Rivers Act.(4)York River, Maine segmentsThe term York River, Maine segments means the river segments designated by the amendment made by section 2.


116 S1181 IS: Help Grandfamilies Prevent Child Abuse Act
U.S. Senate
2019-04-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		116th CONGRESS1st Session
		S. 1181
		IN THE SENATE OF THE UNITED STATES

			April 11, 2019
			Ms. Hassan (for herself and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To amend the Child Abuse Prevention and Treatment Act to provide for better protections for
			 children raised in kinship families outside of the foster care system.

		1.Short title
 This Act may be cited as the Help Grandfamilies Prevent Child Abuse Act.
 2.FindingsCongress finds as follows: (1)More than 2,600,000 children are being raised in kinship families by relatives or close family friends without their parents in the home, and the vast majority of such children are raised outside of the foster care system.
 (2)The majority of kinship caregivers are grandparents, and such families are commonly referred to as grandfamilies. (3)For every child in foster care living with relatives, there are 19 being raised by relatives outside of the foster care system.
 (4)More than one-third of all children placed in foster care because of parental drug or alcohol use are placed with relatives.
 (5)Children who have been exposed to substance misuse in the home may also experience abuse and neglect, and research indicates that children in family foster care because of substance use are more likely to be placed with relatives than with nonrelatives.
			3.Amendments to CAPTA
 (a)Advisory board on child abuse and neglectSection 102(c) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5102(c)) is amended— (1)in paragraph (13), by striking ; and and inserting a semicolon;
 (2)in paragraph (14), by striking the period and inserting a semicolon; and (3)by adding at the end the following:

 (15)organizations providing services to kinship families; and (16)birth parents, kinship caregivers, and foster care alumni..
 (b)National clearinghouse for information relating to child abuseSection 103(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5104(b)) is amended— (1)in paragraph (8)(B), by striking ; and and inserting a semicolon;
 (2)in paragraph (9), by striking the period and inserting ; and; and (3)by adding at the end the following:

 (10)maintain and disseminate information about best practices used to support children being raised in kinship families within, or outside of, the child welfare system..
				(c)Grants to States, Indian Tribes or Tribal organizations, and public or private agencies and
 organizationsSection 105(a)(4) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(a)(4)) is amended by adding at the end the following: Such procedures used by recipients of a grant pursuant to this paragraph shall reflect equity for children placed with kin, recognize their unique circumstance, and include plans for prioritizing placement with kin as the first placement, identifying and engaging kin as supports for children throughout the child’s involvement with the child welfare system, making it a priority to license kin as foster parents, supporting permanent families for children placed with kin, and creating a strong community network to support kin families..
 (d)Grants to States for child abuse or neglect prevention and treatment programsSection 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) is amended— (1)in subsection (b)(2)—
 (A)in subparagraph (B)(iv), by inserting , and for how kinship placements will be prioritized before the semicolon; and (B)in subparagraph (D)(v), by inserting kinship navigators, after substance abuse treatment agencies,; and
 (2)in subsection (d)(3)— (A)by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively;
 (B)by inserting after subparagraph (A) the following:  (B)the number that did not receive services during the year under the State program funded under this section or an equivalent State program because the child was diverted from the child welfare system to live with kin outside of the foster care system;; and
 (C)in subparagraph (D), as so redesignated, by striking families and inserting parents. (e)Community-Based grants for the prevention of child abuse and neglect (1)PurposeSection 201(b)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116(b)(1)) is amended—
 (A)in subparagraph (G), by striking ; and and inserting a semicolon; (B)in subparagraph (H), by adding and after the semicolon; and
 (C)by adding at the end the following:  (I)support the unique needs of kinship families raising children inside or outside the foster care system;.
 (2)Local program requirementsSection 205(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116e(a)) is amended— (A)in paragraph (2), by striking and to parents who are adult former victims of domestic violence or child abuse or neglect and inserting to parents who are adult former victims of domestic violence or child abuse or neglect, and to families where children are being raised by kin because their parents cannot raise them;
 (B)in paragraph (3)(B)— (i)in clause (viii), by striking and;
 (ii)in clause (ix), by striking the period and inserting a semicolon; and (iii)by adding at the end the following:

 (x)training to meet the specific needs of kinship caregivers, including training on caring for children with behavioral or mental health challenges and how to access services for which such caregivers may be eligible; and
 (xi)training on understanding substance use disorders and the impact of trauma on children.; and (C)in paragraph (4), by inserting , kinship caregivers, and foster care alumni after parents.


116 S1820 IS: Horseracing Integrity Act of 2019
U.S. Senate
2019-06-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1820IN THE SENATE OF THE UNITED STATESJune 12, 2019Mrs. Gillibrand (for herself and Ms. McSally) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo improve the integrity and safety of horseracing by requiring a uniform anti-doping and
			 medication control program to be developed and enforced by an independent
			 Horseracing Anti-Doping and Medication Control Authority.

 1.Short titleThis Act may be cited as the Horseracing Integrity Act of 2019. 2.FindingsCongress finds the following:
 (1)Recognizing the substantial relation that horseracing has to interstate commerce, Congress enacted the Interstate Horseracing Act of 1978 (15 U.S.C. 3001 et seq.) to regulate pari-mutuel wagering on horseracing in order to protect and further the horseracing industry of the United States. This Act does not modify or supplement the Interstate Horseracing Act of 1978 or impair or restrict the operation and enforcement of State law or regulation of horseracing with respect to matters unrelated to anti-doping and medication control or for violations of State or Federal criminal law.
 (2)Approximately 40 percent of the 635,890 starts by Thoroughbred, Quarter Horse, and Standardbred racehorses in 2018 were made by horses that competed in more than one State. Those Thoroughbred, Quarter Horse, and Standardbred racehorses which participated in races in more than one State in 2018 made over 55 percent of all United States racing starts that year.
 (3)Uniform adoption of national anti-doping and medication control standards for horseracing in the United States will promote interstate commerce, encourage fair competition and a level playing field, assure full and fair disclosure of information to purchasers of breeding stock and to the wagering public, will improve the marketplace for domestic and international sales of United States horses, will provide a platform for consistency with all major international horseracing standards, address growing domestic concerns over disparities with international rules, and provide for the safety and welfare of horses and jockeys.
 (4)The use of therapeutic medications in horseracing in the United States must place the health and welfare of the horse at the highest level of priority while achieving consistency with the uses permitted in major international horseracing jurisdictions. Because the various States have been unable to adopt a national uniform anti-doping and medication control program, national uniform regulations with respect to the use of, and testing for, drugs capable of affecting the results of a horse race and therapeutic medications used in horseracing, such rules, procedures, and enforcement policies should be implemented, consistent with internationally accepted best practices, by an independent anti-doping and medication control organization authorized by an act of Congress.
 (5)For human sports, Congress has demonstrated its commitment to fair competition through legislation, oversight, funding, and by its execution of an international treaty, the UNESCO International Convention Against Doping in Sport. By ratifying the UNESCO Convention, the United States agreed to adopt appropriate measures consistent with the principles of the World Anti-Doping Code and to take appropriate action, including legislation, regulation, policies, or administrative practices to implement that commitment.
 (6)In the context of Olympic sports, Congress has recognized the United States Anti-Doping Agency as an independent anti-doping and medication control organization possessing high-level expertise and credibility in the development and administration of an anti-doping and medication control program.
 (7)Congress supports the establishment of an independent anti-doping and medication control organization to ensure the wagering public’s confidence in the fairness of horseracing and to strengthen and harmonize anti-doping and medication control rules and sanctions for horseracing in order to ensure fair and transparent horseraces and to deter the commission of anti-doping and medication control rule violations.
 (8)The movement of horses among the States for the purpose of participating in covered horseraces, the widespread acceptance, receipt, and transmission of wagers on covered horseraces in interstate commerce, and the need to ensure integrity of competition in, and wagering on, covered horseraces warrant congressional action as set forth in this Act.
 3.DefinitionsIn this Act: (1)AuthorityThe term Authority means the independent Horseracing Anti-Doping and Medication Control Authority established by section 5.
 (2)CommissionThe term Commission means the Federal Trade Commission. (3)Covered horseraceThe term covered horserace means any horserace that has a substantial relation to interstate commerce, including any horserace that is the subject of interstate off-track wagers.
 (4)Covered horseThe term covered horse means any Thoroughbred, Quarter, or Standardbred horse, beginning on the date of the horse’s first timed and reported workout at a race track that participates in covered horseraces or a licensed training facility until the Authority receives written notice that the horse has been retired.
 (5)Covered personsThe term covered persons means all trainers, owners, veterinarians, persons (legal and natural) licensed by a State racing commission and the agents, assigns and employees of such persons and other horse support personnel who are engaged in the care, training, or racing of covered horses.
 (6)Equine constituenciesThe term equine constituencies means, collectively, the owners and breeders, trainers, racetracks, veterinarians, State racing commissions, and jockeys.
 (7)Equine industry representativeThe term equine industry representative means an organization regularly and significantly engaged in the equine industry, including organizations that represent the interests of, and whose membership consists of, owners and breeders, trainers, racetracks, veterinarians, State racing commissions, and jockeys.
 (8)Horseracing anti-doping and medication control programThe term horseracing anti-doping and medication control program means the program established under section 6. (9)Interstate off-track wagerThe term interstate off-track wager has the meaning given such term in section 3 of the Interstate Horseracing Act of 1978 (15 U.S.C. 3002).
 (10)JockeyThe term jockey means a rider or driver of a covered horse in covered horseraces. (11)Medication and regulatory expertsThe term medication and regulatory experts means organizations or associations that are actively involved in the establishment of equine medication standards, or groups or associations representing entities responsible for the current regulation of the equine industry, or groups or associations representing equine practitioners and veterinarians.
 (12)Owners and breedersThe term owners and breeders means those persons who either hold ownership interests in covered horses or who are in the business of breeding covered horses.
 (13)Prohibited methodsThe term prohibited methods means any methods that are on the list of prohibited methods identified in section 6(g). (14)Prohibited substancesThe term prohibited substances means any substances that are on the list of prohibited substances identified in section 6(g).
 (15)Permitted methodsThe term permitted methods means those methods identified in the list of permitted methods identified in section 6(g). (16)Permitted substancesThe term permitted substances means those substances contained in the list of permitted substances identified in section 6(g).
 (17)RacetrackThe term racetrack means an organization licensed by a State racing commission to conduct covered horseraces. (18)State racing commissionThe term State racing commission means that entity designated by State statute or, in the absence of statute, by regulation, with jurisdiction to regulate the conduct of horseracing within the State.
 (19)TrainersThe term trainer means an individual engaged in the training of covered horses. (20)VeterinarianThe term veterinarian means a licensed veterinarian who provides veterinary services to covered horses.
 (21)WorkoutThe term workout means a timed running of a horse over a predetermined distance not associated with a race or, with regard to a horse taking part in harness or pace racing, its first qualifying race.
			4.Jurisdiction for horseracing anti-doping and medication control matters
 (a)In generalEffective upon the effective date of the anti-doping and medication control program as set forth in section 11, the Authority shall exercise authority over all horseracing anti-doping and medication control matters consistent with the provisions of this Act.
			(b)Powers and authority
 (1)In generalThe Authority shall be established as a private, independent, self-regulatory, nonprofit corporation with responsibility for developing and administering an anti-doping and medication control program for covered horses, covered persons, and covered horseraces consistent with the provisions of this Act.
 (2)PowersThe Authority— (A)shall have the same anti-doping and medication control powers over horseracing licensees as the State racing commissions have in their respective States with respect to—
 (i)access to offices, track facilities, and other places of business of licensees;
 (ii)search and seizure; (iii)issuance and enforcement of subpoenas and subpoenas duces tecum; and
 (iv)other investigatory powers; and
 (B)with respect to an unfair or deceptive act or practice described in section 7, may recommend that the Commission commence an enforcement action.
 (3)ConsentAs a condition of eligibility to participate in covered horseraces, covered persons agree that they and their covered horses shall be bound by the provisions of the horseracing anti-doping and medication control program established in accordance with section 6.
				(c)Exclusive jurisdiction and oversight
 (1)Jurisdiction of commissionThe Commission shall have exclusive jurisdiction over all horseracing anti-doping and medication control matters consistent with this Act.
 (2)Activities of authorityThe Authority shall engage in activities in accordance with such rules as are approved pursuant to this Act.
 (d)Guiding principlesIn carrying out the provisions of this Act, the Commission and the Authority shall be guided by the findings and principles contained in section 2.
 (e)State compactThe jurisdiction and authority granted to the Commission and the Authority under this Act shall terminate if, at any time after the expiration of five years following the effectiveness of the anti-doping and medication control program—
 (1)an interstate compact is established that includes among its members 75 percent of the States in which starts in covered races occurred during the calendar year preceding the formation of the compact and those States which collectively hosted not less than 90 percent of the total racing starts of covered horses in covered races for the two-year period preceding the formation of the compact; and
 (2)(A)all member States enter into and maintain an agreement with the Authority for services consistent with the anti-doping and medication control program provided for in section 6 in those States; or
 (B)the compact is drafted with public input from horseracing industry constituencies (including trainers, owners, the breed registry, veterinarians, regulators, race tracks, testing laboratories, bettors, and jockeys) by persons who conform to the conflict of interest restrictions set forth in section 5(d); obligates the compact to pay the costs of winding down the Authority and transitioning its operations to the compact; provides for uniform anti-doping and medication control regulations among all member States, consistent with section 6 and no less restrictive than the Authority’s most recent anti-doping and medication control program; and is governed and maintained by a board, which would include among its members persons meeting the requirements of section 5(b), each board member conforming to the conflict of interest restrictions set forth in section 5(d).
					The consent of Congress is hereby given to interstate compacts meeting the requirements referenced
			 in section 5(h).5.Establishment of horseracing anti-doping and medication control authority
 (a)EstablishmentThere is established the Horseracing Anti-doping and Medication Control Authority, a private, independent, self-regulatory, nonprofit corporation with responsibility for developing and administering an anti-doping and medication control program for covered horses, covered persons, and covered horseraces.
 (b)CompositionThe Authority shall be governed by a board (in this section referred to as the Board) which shall be comprised of the following: (1)The chief executive officer of the United States Anti-Doping Agency.
 (2)Six individuals, selected by the United States Anti-Doping Agency from among members of the board of the United States Anti-Doping Agency.
 (3)Six individuals selected by the United States Anti-Doping Agency— (A)from among individuals who represent different equine industry constituencies; and
 (B)such that— (i)at least 1 member has expertise in equine anti-doping and medication control regulation;
 (ii)at least 1 member has significant experience as an owner of covered horses or is a person with expertise in the breeding of race horses;
 (iii)at least 1 member was formerly employed as an executive with a racetrack; (iv)at least 1 member has a degree in veterinary medicine and either has expertise in equine veterinary practice with regard to race horses or expertise in veterinary research in matters affecting race horses;
 (v)at least 1 member has expertise in training covered horses; and (vi)at least 1 member has expertise in riding covered horses as a jockey.
 (c)Selection methodologyIn selecting individuals under subsection (b), the United States Anti-Doping Agency shall— (1)solicit lists of 2 candidates each from a cross-section of equine industry representatives;
 (2)endeavor to provide diversity among the Board’s membership between persons primarily involved with the 3 breeds of racehorses, to the greatest extent practicable and consistent with the standards for Board membership set forth in this section;
 (3)if Board positions remain unfilled from the lists solicited under paragraph (1), ask organizations, groups, and associations that represent the various equine constituencies set forth in subsection (b)(3)(B) to submit an additional 2 candidates from which the Agency may fill the remaining open Board positions; and
 (4)if Board positions remain unfilled from the second set of candidate lists, choose, in accordance with subsection (b), one or more persons at large with substantial experience in the equine industry and meets the qualifications of the person described in subsection (b) whose position on the Board remains to be filled.
 (d)Conflicts of interestTo avoid any conflict of interest, no member of the Board shall be— (1)an individual who has a financial interest in or provides goods or services to covered horses;
 (2)an official or officer of any equine industry representative or serve in any governance or policymaking capacity for an equine industry representative; or
 (3)an employee or have a business or commercial relationship with any of the individuals or organizations described in paragraph (1) or (2).
				(e)Terms; vacancies
 (1)Staggered termsThe terms of members of the Board shall be 3 years and shall be staggered so that the terms of no more than 5 members of the Board expire in any year.
 (2)Limitation on consecutive termsMembers of the Board may serve for no more than 2 consecutive full terms. (3)VacanciesVacancies among Board positions held by equine industry candidates shall be filled pursuant to the provisions of subsection (b) and any other vacancies shall be filled pursuant to the provisions of the rules of the Authority. At any time after the expiration of 5 years following the date on which initial selection and appointment of the members of the Board of the Authority is completed under section 5, the United States Anti-Doping Agency may withdraw from participation in the Authority and direct its chief executive officer and board members to resign their memberships on the Board of the Authority. Following receipt of such resignations by the Authority, the remaining members of the Board of the Authority shall select new Board members to fill the vacant positions in the same manner as is provided in paragraphs (1) through (4) of subsection (c).
				(f)Standing committees
 (1)In generalThe Authority shall establish one or more standing advisory and technical committees, which shall include qualified representatives from horseracing industry constituencies, including trainers, owners, the breed registry, veterinarians, regulators, race tracks, testing laboratories, bettors, and jockeys.
				(2)Committee on Development and Maintenance of the Horseracing Anti-Doping and Medication Control
 ProgramThe Authority shall establish a standing advisory committee, which shall include medication and regulatory experts and other representatives from horseracing industry constituencies, to provide advice and guidance to the Board on the development and maintenance of the horseracing anti-doping and medication control program.
 (3)Chairperson of committee on permitted and prohibited substances and methodsThe Authority shall appoint the Board member selected pursuant to subsection (b)(3)(B)(i) to serve as the chairperson of the standing advisory and technical committee on permitted and prohibited substances and methods.
 (4)DutiesThe committees established under paragraph (1) shall assist the Authority in establishing and administering the horseracing anti-doping and medication control program.
 (5)Committee conflicts of interestNo standing committee members, other than those who are members of the Board of the Authority or employees of the Authority, shall be subject to the conflict of interest provisions set forth in section 5(d).
				(g)Administration of the Authority
 (1)Administrative structureThe Authority shall establish an administrative structure and employ among its staff employees with sufficient experience in and knowledge of equine-related and anti-doping and medication control matters as appropriate to carry out the responsibilities set forth in this Act.
 (2)Employees generallyThe Board of the Authority shall select the Authority’s chief executive officer. All Authority employees shall serve at the pleasure of the Authority’s chief executive officer. All Authority employees shall be subject to the conflict of interest revisions applicable to members of the Board of the Authority as set forth in section 5(d).
				(h)Oversight of Rules Prescribed by the Authority
 (1)Filing requirementThe Authority shall file with the Commission, in accordance with such rules as the Commission may prescribe, copies of any proposed rule or change to any rule (collectively proposed rule) of the Authority. Proposed rule means the lists of permitted and prohibited substances; laboratory standards for accreditation and protocols; schedules of sanctions for violations; processes and procedures for disciplinary hearings; and formula and methodology for determining assessments set out in section 12(d).
				(2)Publication and comment
 (A)In generalThe Commission shall publish the proposed rule and provide interested persons an opportunity to comment.
 (B)Approval requiredNo proposed rule shall take effect unless it has been approved by the Commission. (3)Approval (A)PeriodThe Commission shall approve or disapprove a proposed rule no later than 45 days after the proposed rule is published.
 (B)ConditionsThe Commission shall approve a proposed rule if it finds that such proposed rule is consistent with the requirements of this Act and the rules and regulations promulgated by the Commission.
					(i)Oversight of Final Decisions of the Authority
 (1)Notice of sanctionsIf the Authority imposes any final sanction, the Authority shall promptly file notice thereof with the Commission in such form as the Commission may require.
				(2)Review by administrative law judge
 (A)Application for reviewAll final sanctions of the Authority shall be subject to review by an administrative law judge appointed pursuant to this Act upon application by the Commission or any person aggrieved by such final sanction filed within 30 days after the date such notice was filed with the Commission.
 (B)Appointment of administrative law judgeThe Commission shall appoint one or more administrative law judges to serve a term of seven years unless earlier removed by the Commission for cause. At the time of his/her appointment, the administrative law judge shall have been a practicing lawyer for at least ten years and shall have demonstrated expertise in matters relating to horseracing and anti-doping and medication control.
 (C)Nature of reviewIn matters reviewed pursuant to this subsection, the administrative law judge shall conduct a hearing in a manner as the Commission may specify by rule. Such hearing shall conform to section 556 of title 5, United States Code. The administrative law judge shall determine whether—
 (i)a person has engaged in such acts or practices or has omitted such acts or practices as the Authority has found the person to have engaged in or omitted; and
 (ii)such acts, practices, or omissions are in violation of the Act or the anti-doping and medication control rules approved by the Commission.
 (D)Decision by administrative law judgeThe administrative law judge shall render a decision within 60 days of the conclusion of the hearing. Such decision may affirm, reverse, modify, set aside, or remand for further proceedings, in whole or in part, the final sanction of the Authority. Such decision shall constitute the decision of the Commission without further proceedings unless there is a timely notice or application for review filed pursuant to paragraph (3).
					(3)Review by commission
 (A)Notice of review by commissionThe Commission may, on its own motion, review any decision of the administrative law judge rendered pursuant to subsection (i)(2) by giving notice thereof to the Authority and interested parties within 30 days of the decision by the administrative law judge.
 (B)Application for reviewThe Authority or any person aggrieved by the decision of an administrative law judge rendered pursuant to subsection (i)(2) may petition the Commission to review such decision by filing an application for review within 30 days of the rendering of such decision. If such application is denied, the decision of the administrative law judge shall constitute the decision of the Commission without further proceedings. Whether to grant review is within the Commission’s discretion, provided however that the Commission may grant review only where the application therefor demonstrates:
 (i)a prejudicial error was committed in the conduct of the proceeding; or (ii)the decision embodies an erroneous application of the anti-doping and medication rules previously approved by the Commission.
 (C)Nature of reviewIn matters reviewed pursuant to this subsection, the Commission may affirm, reverse, modify, set aside or remand for further proceedings, in whole or in part, on the basis of the record before the administrative law judge and briefs submitted to the Commission. The Commission shall give deference to a factual finding by the administrative law judge unless such finding is clearly erroneous. The Commission shall review a conclusion of law by the administrative law judge de novo. The Commission shall not permit the taking of additional evidence except upon a showing that such additional evidence is material and that such evidence could not in the exercise of reasonable diligence have been adduced previously.
 (4)Stay of proceedingsReview by an administrative law judge or the Commission pursuant to subsection (i) shall not operate as a stay of any final sanction of the Authority unless the administrative law judge or Commission otherwise orders.
				6.Horseracing anti-doping and medication control program required
 (a)Program requiredNot later than 1 year after the date on which initial selection and appointment of the members of the board of the Authority is completed under section 5 and after notice to and with appropriate opportunity for comment from equine industry representatives and the public, the Authority shall develop and administer the horseracing anti-doping and medication control program for covered horses, covered persons, and covered horseraces. To the extent practicable, such program shall take into account the unique characteristics of each separate breed of horse.
 (b)Elements of programThe horseracing anti-doping and medication control program shall include the following: (1)A uniform set of anti-doping and medication control rules.
 (2)Lists of permitted and prohibited substances (which may include, without limitation, drugs, medications, naturally occurring substances and synthetically occurring substances) and methods.
 (3)A prohibition upon the administration of any prohibited or otherwise permitted substance to a covered horse within 24 hours of its next racing start, which shall be effective not later than January 1, 2019.
 (4)A process for sample collection. (5)Programs for in-competition and out-of-competition testing (including no-advance-notice testing and mandatory reporting of each horse’s location for testing).
 (6)Testing procedures, standards, and protocols for both in-competition and out-of-competition testing.
 (7)Laboratory standards for accreditation and testing requirements, procedures, and protocols. (8)The undertaking of investigations at racetrack and non-racetrack facilities related to anti-doping and medication control rule violations.
 (9)Procedures for investigating, charging, and adjudicating violations and for the enforcement of sanctions for violations.
 (10)A schedule of sanctions for violations. (11)Disciplinary hearings, which may include binding arbitration, sanctions and research.
 (12)Management of violation results. (13)Programs relating to anti-doping and medication control research and education.
				(c)Applicability to covered horses and persons
 (1)In generalThe equine horseracing anti-doping and medication control program developed and administered pursuant to subsection (a) shall apply to all covered horses, covered persons, and covered horseraces.
 (2)Agreement by covered personsAs a condition of eligibility to participate in covered horseraces, covered persons shall agree that they and their covered horses shall be bound by the provisions of the horseracing anti-doping and medication control program.
				(d)Limitation of authority
 (1)Prospective applicationThe jurisdiction and authority of the Commission and Authority with respect to the horseracing anti-doping and medication control program shall be prospective only.
 (2)No authority over previous mattersNeither the Commission nor the Authority shall have authority or responsibility to investigate, prosecute, adjudicate, or penalize conduct occurring prior to the effective date of the horseracing anti-doping and medication control program.
 (3)Preservation of state racing commission authority over previous mattersState racing commissions shall retain authority over matters described in paragraph (2) until the final resolution of any resulting charges.
 (e)ConsiderationsThe horseracing anti-doping and medication control program shall take into consideration international anti-doping and medication control standards, including the World Anti-Doping Code and the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association, that could be applicable to the horseracing anti-doping and medication control program.
 (f)UpdatesThe Authority shall update the horseracing anti-doping and medication control program from time to time.
			(g)Lists of prohibited substances and methods
 (1)In generalThe Authority shall, by rule develop, maintain, and publish lists of permitted and prohibited substances and methods.
 (2)ContentsThe initial list, which shall be subject to such future changes as the Authority considers appropriate and which shall be in effect until amended by the Authority, of prohibited substances and methods shall include any substance or method that is included on either—
 (A)class 1, 2, 3, and 4 drugs, medications, and substances in the Uniform Classification Guidelines for Foreign Substances of the Association of Racing Commissioners International, Version 14.0, revised January 2019; or
 (B)the World Anti-Doping Code International Standard Prohibited List, January 2019, unless and to the extent that such a substance or method described in subparagraph (A) or (B) is contained on the list of permitted substances and methods identified on the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule for Horses, Version 4.1, revised January 2019.(3)Deadlines for lists (A)Developed and publishedThe lists of permitted and prohibited substances and methods, including all modifications to the initial lists, shall be developed and published not later than the date that is 120 days before the date on which the horseracing anti-doping and medication control programs goes into effect under section 6(a).
 (B)EffectiveThe lists described in subparagraph (A) shall take effect on the date that is 1 year after the date on which initial selection and appointment of the members of the board of the Authority is completed under section 5.
					(4)Periodic review
 (A)In generalThe inclusion of permitted or prohibited substances or methods on the lists shall be subject to periodic review by the Authority, which shall be subject to review by the Commission under section 4, for modification, substitution, addition to, or deletion from the lists.
 (B)Establishment of notice, consultation, and comment processThe Authority shall establish a notice, consultation, and comment process for the periodic reviews carried out under subparagraph (A) that involves industry representatives and the public.
					(h)Anti-Doping and medication control rule violations
 (1)In generalThe Authority, after notice to and with appropriate opportunity for comment from industry representatives and the public, shall establish, by rule, a list of anti-doping and medication control rule violations applicable to either horses or covered persons.
 (2)ElementsThe list established under paragraph (1) may include the following: (A)Strict liability for the presence of a prohibited substance or method in a horse’s sample or the use of a prohibited substance or method.
 (B)Strict liability for the presence of a permitted substance in a horse’s sample in excess of the amount allowed by the horseracing anti-doping and medication control program.
 (C)Strict liability for the use of a permitted method in violation of the applicable limitations established within the horseracing and medication control program.
 (D)Attempted use of a prohibited substance or method. (E)Possession of any prohibited substance or method.
 (F)Attempted possession of any prohibited substance or method. (G)Administration or attempted administration of any prohibited substance or method.
 (H)Refusing or failing without compelling justification to submit a horse for sample collection. (I)Tampering or attempted tampering with any part of doping control.
 (J)Trafficking or attempted trafficking in any prohibited substance or method and complicity in any anti-doping and medication control rule violation.
					(i)Testing laboratories
 (1)In generalNot later than 1 year after the date on which initial selection and appointment of the members of the board of the Authority is completed under section 5, the Authority shall establish by rule standards of accreditation for laboratories involved in the testing of samples taken from covered horses, the process for achieving and maintaining accreditation, and the standards and protocols for testing of samples.
 (2)Extension of provisional or interim accreditationThe Authority may, by rule, extend provisional or interim accreditation to laboratories accredited by the Racing Medication and Testing Consortium, Inc.
 (3)Selection of laboratories by statesEach State racing commission, if it so elects, shall determine the laboratory to be used in testing samples taken within its jurisdiction, provided that the laboratory selected has been accredited by, and complies with the testing protocols and standards established by, the Authority.
 (4)Selection of laboratories by the authorityIf a State racing commission does not elect to determine the laboratory to be used in testing samples taken within its jurisdiction, the Authority shall by rule, make the selection.
				(j)Results management and disciplinary process
 (1)In generalNot later than 1 year after the date on which initial selection and appointment of the members of the board of the Authority is completed under section 5, the Authority, after notice to and with appropriate opportunity for comment from equine industry representatives and the public, shall promulgate rules for anti-doping and medication control results management and the disciplinary process for anti-doping and medication control rule violation results management, including the following:
 (A)Provisions for notification of anti-doping and medication control rule violations. (B)Hearing procedures.
 (C)Burden of proof. (D)Presumptions.
 (E)Evidentiary rules. (F)Appeals.
 (G)Guidelines for confidentiality and public reporting of decisions. (2)Due processThe rules promulgated under paragraph (1) shall provide for adequate due process, including impartial hearing officers or tribunals commensurate with the seriousness of the alleged anti-doping and medication control rule violation and the possible sanctions for such violation.
				(k)Sanctions
 (1)In generalThe Authority, after notice to and with appropriate opportunity for comment from industry representatives and the public, shall promulgate uniform rules imposing sanctions against covered persons or covered horses for anti-doping and medication control rule violations.
 (2)RequirementsThe rules promulgated under paragraph (1) shall— (A)take into account the unique aspects of horseracing;
 (B)be designed to ensure fair and transparent horseraces; and (C)deter the commission of anti-doping and medication control rule violations.
 (3)SeverityThe rules promulgated under paragraph (1) shall impose sanctions up to and including lifetime bans from horseracing, disgorgement of purses, monetary fines and penalties and changes to the order of finish in covered races. The sanctioning rules shall also include opportunities for anti-doping and medication control rule violators to reduce the otherwise applicable sanctions generally comparable to those opportunities afforded by the United States Anti-Doping Agency’s Protocol for Olympic Movement Testing.
 (l)EnforcementIn addition to any penalties or sanctions imposed in accordance with the provisions of the horseracing anti-doping and medication control program, whenever it shall appear to the Authority that one has engaged, is engaged or is about to engage in acts or practices constituting a violation of any provision of this Act or the horseracing anti-doping and medication control program, the Authority may commence a civil action against such covered person or any racetrack in the proper district court of the United States, the United States District Court for the District of Columbia, or the United States courts of any territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices, to enforce any fines, penalties or other sanctions imposed in accordance with the provisions of the anti-doping and medication control program and for all other relief to which the Authority may be entitled. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond.
			(m)Periodic Assessments by Comptroller General of the United States
 (1)AssessmentsFollowing the third anniversary of the date on which the anti-doping and medication control program identified in section 6 takes effect and not less frequently than once every 4 years thereafter, the Comptroller General of the United States shall review and analyze results of the such program in comparison to the results of similar equine anti-doping and medication control programs in major foreign racing jurisdictions.
 (2)Gathering assessments from industry representativesIn conjunction with review and analysis required by paragraph (1), the Comptroller General may invite persons representing the significant facets of the horseracing industry, including associations and individuals representing racetracks, breeders, owners, trainers, veterinarians, jockeys, bettors, equine researchers, and organizations dedicated to the welfare and safety of covered horses, to collectively meet with and provide testimony to the Comptroller General for the purpose of gathering further assessments on the performance and effectiveness of the Authority and the anti-doping and medication control program.
 (3)ReportsUpon the conclusion of a review and analysis under paragraph (1), the Comptroller General shall submit to Congress a report on such review and analysis with an assessment of the performance of the Authority and the Commission concerning their effectiveness as an anti-doping and medication control organization and the efficiency of the horseracing anti-doping and medication control program.
 7.Unfair or deceptive acts or practicesThe sale of a Thoroughbred, Quarter, or Standardbred horse shall be considered an unfair or deceptive act or practice in or affecting commerce under section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) if the seller —
 (a)knows or has reason to know the horse has been administered— (1)a bisphosphonate; or
 (2)any other substance that the Authority determines has a long-term degrading effect on the soundness of the horse; and
 (b)fails to disclose to the buyer the administration of the bisphosphonate or other substance. 8.Other laws unaffectedThis Act shall not be construed to modify, impair, or restrict the operation or effectiveness of State or Federal statutes and regulations directed at—
 (1)any of the consents, approvals, or agreements required by the Interstate Horseracing Act of 1978; (2)criminal conduct by covered persons and others;
 (3)horseracing matters unrelated to anti-doping and medication control as addressed in this Act; or (4)the use of medication in human participants in covered races.
			9.State delegation; duty of cooperation
			(a)State delegation
 (1)In generalThe Authority may enter into agreements with one or more State racing commissions to implement within their respective jurisdictions any of the components of the horseracing anti-doping and medication control program established by the Authority if the Authority determines that a particular State racing commission will be able to implement a component of the horseracing anti-doping and medication control program in accordance with the standards and requirements established by the Authority.
 (2)Duration of agreementsAny agreement entered into under paragraph (1) shall remain in effect as long as the Authority determines the applicable racing commission to be implementing the components of the medication regulation program covered by the agreement in compliance with the standards and requirements established by the Authority.
 (b)Duty of cooperationWhere conduct by any person subject to the horseracing anti-doping and medication control program may involve both an anti-doping and medication control rule violation and violation of State or Federal law, this Act imposes a duty to cooperate and share information between the Authority and State and Federal law enforcement authorities.
 10.Rules of constructionThe Authority shall not have the power to impose criminal sanctions and shall not be considered nor construed to be an agent of, or an actor on behalf of, the United States Government or any State.
		11.Effective date
 (a)In generalThe horseracing anti-doping and medication control program shall take effect not later than the date that is 1 year after the date on which initial selection and appointment of the members of the board of the Authority is completed under section 5.
 (b)TransitionThe Authority and State regulatory authorities shall work cooperatively to develop transition rules with respect to doping conduct, sanctions, and investigations arising prior to the effective date of the horseracing anti-doping and medication control program.
			12.Funding
 (a)Rule of constructionNothing in this Act shall be construed to require— (1)the appropriation of any amount to the Authority; or
 (2)the Federal Government to guarantee the debts of the Authority. (b)Initial funding (1)In generalInitial funding to establish the Authority and underwrite its operations prior to the effective date shall be provided by loans obtained by and donations made to the Authority.
 (2)Borrowing and accepting donationsThe Authority may borrow money and accept private donations and contributions toward the funding of its operations.
				(3)Annual calculation of amounts required
 (A)In generalNot later than the date that is 90 days before the date set forth in section 11(a) and not later than November 1 of each year thereafter, the Authority shall determine and provide to each State racing commission the estimated amount required per racing starter to fund the horseracing anti-doping and medication control program for the coming year and to liquidate any loans or funding shortfall in the current year and any prior years.
 (B)Basis of calculationThe amount calculated under subparagraph (A) shall be based upon the annual budget of the Authority for the succeeding year, as approved by the board of the Authority.
 (C)Requirements regarding budgets of authorityThe Authority’s initial budget shall require the approval of 2/3 of its board and any subsequent budget that exceeds the preceding year’s budget by more than 5 percent shall also require the approval of 2/3 of the board of the Authority.
					(c)Assessment and collection of fees by states
 (1)Notice of electionAny State racing commission that elects to remit fees pursuant to this subsection shall notify the Authority of such election at least 60 days prior to the adoption of the horseracing anti-doping and medication control program.
 (2)Requirement to remit feesOnce a State racing commission makes such notification, the election shall remain in effect and the State racing commission shall be required to remit fees pursuant to this subsection.
 (3)Withdrawal of electionA State racing commission may withdraw its election after providing notice to the Authority of its intent to cease remitting fees pursuant to this subsection not later than 1 year before ceasing such remitting.
 (4)Schedule of remittanceEach State racing commission that elects to remit fees shall remit to the Authority on or before the 20th day of each calendar month an amount equal to the applicable fee per racing start multiplied by the number of racing starts in the State in the previous month.
 (5)Determinations of methodsEach State racing commission shall determine, subject to the applicable laws and regulations of the State, the method by which the requisite amount shall be allocated, assessed, and collected.
 (6)Sense of CongressIt is the sense of Congress that funding mechanisms imposed by State racing commissions should apportion the funding burden fairly among all impacted segments of the horseracing industry and may include check-off programs.
				(d)Assessment and collection of fees by the authority
 (1)CalculationIn the event a State racing commission does not elect to remit fees pursuant to subsection (c) or withdraws its election under such subsection, the Authority shall calculate each month the applicable fee per racing start multiplied by the number of racing starts in the State in the previous month.
 (2)AllocationThe Authority shall equitably allocate that amount calculated under paragraph (1), among those involved in covered horseraces pursuant to such rules as the Authority may promulgate, subject to review by the Commission under section 4.
 (3)AssessmentThe Authority shall assess a fee equal to the allocation made under paragraph (2) and shall collect such fee according to such rules as the Authority may promulgate, subject to such Commission review.
 (4)LimitationA State racing commission that does not elect to remit fees pursuant to subsection (c) or that withdraws its election under such subsection shall not impose or collect from any person a fee or tax relating to anti-doping and medication control matters for covered horseraces.


I
112th CONGRESS
2d Session
H. R. 5578
IN THE HOUSE OF REPRESENTATIVES

May 8, 2012
Mr. Clay introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To extend the temporary suspension of duty on Basic Yellow 40 chloride based.

1.Basic Yellow 40 chloride based
(a)In generalHeading 9902.25.04 of the Harmonized Tariff Schedule of the United States (relating to Basic Yellow 40 chloride based) is amended by striking the date in the effective period column and inserting 12/31/2015.
(b)Effective dateThe amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


115 S3117 IS: Fair Access for Farmers and Ranchers Act of 2018
U.S. Senate
2018-06-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS2d Session
		S. 3117
		IN THE SENATE OF THE UNITED STATES

			June 21, 2018
			Mr. Jones (for himself and Mr. Scott) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

		A BILL
		To require the Secretary of Agriculture to grant farm numbers to individuals with certain
			 documentation, to amend the Consolidated Farm and Rural Development Act to
			 include qualified intermediaries as recipients of farm ownership loans, to
			 provide for a study of farmland tenure, and for other purposes.

		1.Short title
 This Act may be cited as the Fair Access for Farmers and Ranchers Act of 2018.
 2.Definition of SecretaryIn this Act, the term Secretary means the Secretary of Agriculture. 3.Eligibility for operators on heirs property land to obtain a farm number (a)DefinitionsIn this section:
 (1)Eligible documentationThe term eligible documentation, with respect to land for which a farm operator seeks assignment of a farm number under subsection (b)(1), includes—
 (A)in States that have adopted a statute consisting of an enactment or adoption of the Uniform Partition of Heirs Property Act, as approved and recommended for enactment in all States by the National Conference of Commissioners on Uniform State Laws in 2010—
 (i)a court order verifying the land meets the definition of heirs property (as defined in that Act); or
 (ii)a certification from the local recorder of deeds that the recorded owner of the land is deceased and not less than 1 heir of the recorded owner of the land has initiated a procedure to retitle the land in the name of the rightful heir;
 (B)a fully executed, unrecorded tenancy-in-common agreement that sets out ownership rights and responsibilities among all of the owners of the land that—
 (i)has been approved by a majority of the ownership interests in that property; (ii)has given a particular owner the right to manage and control any portion or all of the land for purposes of operating a farm or ranch; and
 (iii)was validly entered into under the authority of the jurisdiction in which the land is located; (C)the tax return of a farm operator farming a property with undivided interests for each of the 5 years preceding the date on which the farm operator submits the tax returns as eligible documentation under subsection (b);
 (D)self-certification that the farm operator has control of the land for purposes of operating a farm or ranch; and
 (E)any other documentation identified by the Secretary under subsection (c). (2)Farm numberThe term farm number has the meaning given the term in section 718.2 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act).
				(b)Farm number
 (1)In generalThe Secretary shall provide for the assignment of a farm number to any farm operator who provides any form of eligible documentation for purposes of demonstrating that the farm operator has control of the land for purposes of defining that land as a farm.
 (2)EligibilityAny farm number provided under paragraph (1) shall be sufficient to satisfy any requirement of the Secretary to have a farm number to participate in a program of the Secretary.
 (c)Eligible documentationThe Secretary shall identify alternative forms of eligible documentation that a farm operator may provide in seeking the assignment of a farm number under subsection (b)(1).
			4.Loans to purchasers of land with undivided interest and no administrative authority
 (a)Reauthorization of beginning farmer and rancher individual development accounts pilot programSection 333B(h) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b(h)) is amended by striking 2018 and inserting 2024.
 (b)Pilot programSubtitle D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981 et seq.) is amended by inserting after section 333D the following:

					333E.Farmer loan pilot projects
 (a)In generalThe Secretary may conduct pilot projects of limited scope and duration that are consistent with subtitles A, B, C, and this subtitle to evaluate processes and techniques that may improve the efficiency and effectiveness of the programs carried out under subtitle A, B, C, and this subtitle.
 (b)NotificationThe Secretary shall— (1)not less than 60 days before the date on which the Secretary initiates a pilot project under subsection (a), submit notice of the proposed pilot project to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate; and
 (2)consider any recommendations or feedback provided to the Secretary in response to the notice provided under paragraph (1)..
			(c)
 Relending programSubtitle A of title III of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et seq.) is amended by adding at the end the following:

					310I.Relending program to resolve ownership and succession on farmland
 (a)In generalThe Secretary may make or guarantee loans to eligible entities described in subsection (b) using amounts made available for farm ownership loans under this subtitle so that the eligible entities may relend the funds to individuals and entities for the purposes described in subsection (c).
 (b)Eligible entitiesEntities eligible for loans and loan guarantees described in subsection (a) are cooperatives, credit unions, and nonprofit organizations with—
 (1)certification under section 1805.201 of title 12, Code of Federal Regulations (or successor regulations) to operate as a lender;
 (2)experience assisting socially disadvantaged farmers and ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))) or limited resource or new and beginning farmers and ranchers, rural businesses, cooperatives, or credit unions, including experience in making and servicing agricultural and commercial loans; and
 (3)the ability to provide adequate assurance of the repayment of a loan. (c)Eligible purposesThe proceeds from loans made or guaranteed by the Secretary pursuant to subsection (a) shall be relent by eligible entities for projects that assist heirs with undivided ownership interests to resolve ownership and succession on farmland that has multiple owners.
 (d)PreferenceIn making loans under subsection (a), the Secretary shall give preference to eligible entities— (1)with not less than 10 years of experience serving socially disadvantaged farmers and ranchers; and
 (2)in States that have adopted a statute consisting of an enactment or adoption of the Uniform Partition of Heirs Property Act, as approved and recommended for enactment in all States by the National Conference of Commissioners on Uniform State Laws in 2010, that relend to owners of heirs property (as defined in that Act).
 (e)Loan terms and conditionsThe following terms and conditions shall apply to loans made or guaranteed under this section: (1)The interest rate at which intermediaries may borrow funds under this section shall be equal to the rate at which farm ownership loans under this subtitle are made.
 (2)The rates, terms, and payment structure for borrowers to which intermediaries lend shall be— (A)determined by the intermediary in an amount sufficient to cover the cost of operating and sustaining the revolving loan fund; and
 (B)clearly and publicly disclosed to qualified ultimate borrowers. (3)Borrowers to which intermediaries lend shall be—
 (A)required to complete a succession plan as a condition of the loan; and (B)be offered the opportunity to borrow sufficient funds to cover costs associated with the succession plan under subparagraph (A) and other associated legal and closing costs.
 (f)ReportNot later than 1 year after the date of enactment of this section, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the operation and outcomes of the program under this section, with recommendations on how to strengthen the program.
 (g)FundingThe Secretary shall carry out this section using funds otherwise made available to the Secretary.. 5.Farmland ownership data collection (a)In generalThe Secretary shall collect and, not less frequently than once every 5 years report, data and analysis on farmland ownership, tenure, transition, and entry of beginning farmers and ranchers (as defined in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a))) and socially disadvantaged farmers and ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))).
 (b)RequirementsIn carrying out subsection (a), the Secretary shall, at a minimum— (1)collect and distribute comprehensive reporting of trends in farmland ownership, tenure, transition, barriers to entry, profitability, and viability of beginning farmers and ranchers and socially disadvantaged farmers and ranchers;
 (2)develop surveys and report statistical and economic analysis on farmland ownership, tenure, transition, barriers to entry, profitability, and viability of beginning farmers and ranchers, including a regular follow-on survey to each Census of Agriculture with results of the follow-on survey made public not later than 3 years after the previous Census of Agriculture; and
 (3)require the National Agricultural Statistics Service— (A)to include in the Tenure, Ownership, and Transition of Agricultural Land survey questions relating to—
 (i)the extent to which non-farming landowners are purchasing and holding onto farmland for the sole purpose of real estate investment;
 (ii)the impact of these farmland ownership trends on the successful entry and viability of beginning farmers and ranchers and socially disadvantaged farmers and ranchers;
 (iii)the extent to which farm and ranch land with undivided interests and no administrative authority identified have farms or ranches operating on that land; and
 (iv)the impact of land tenure patterns, categorized by— (I)race, gender, and ethnicity; and
 (II)region; and (B)to include in the report of each Tenure, Ownership, and Transition of Agricultural Land survey the results of the questions under subparagraph (A).


115 HR 6959 IH: Burn Pit Registry Enhancement Act
U.S. House of Representatives
2018-09-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6959IN THE HOUSE OF REPRESENTATIVESSeptember 27, 2018Mr. Ruiz (for himself and Mr. Wenstrup) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo direct the Secretary of Veterans Affairs to take actions necessary to ensure that certain
			 individuals may update the burn pit registry with a registered
			 individual’s cause of death, and for other purposes.

 1.Short titleThis Act may be cited as the Burn Pit Registry Enhancement Act. 2.Burn pit registry updates (a)Individuals eligible To update (1)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall take actions necessary to ensure that the burn pit registry may be updated with the cause of death of a deceased registered individual by—
 (A)an individual designated by such deceased registered individual; or (B)if no such individual is designated, an immediate family member of such deceased registered individual.
 (2)DesignationThe Secretary shall provide, with respect to the burn pit registry, a process by which a registered individual may make a designation for purposes of paragraph (1)(A).
 (b)DefinitionsIn this section: (1)The term burn pit registry means the registry established under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
 (2)The term immediate family member, with respect to a deceased individual, means— (A)the spouse, parent, brother, sister, or adult child of the individual;
 (B)an adult person to whom the individual stands in loco parentis; or (C)any other adult person—
 (i)living in the household of the individual at the time of the death of the individual; and (ii)related to the individual by blood or marriage.
 (3)The term registered individual means an individual registered with the burn pit registry.