115 S1642 IS: Protecting Consumers’ Access to Credit Act of 2017
U.S. Senate
2017-07-27
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.

		II
		115th CONGRESS1st Session
		S. 1642
		IN THE SENATE OF THE UNITED STATES

			July 27, 2017
			Mr. Warner (for himself, Mr. Toomey, Mr. Peters, and Mr. Daines) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

		A BILL
		To amend the Revised Statutes, the Home Owners’ Loan Act, the Federal Credit Union Act, and the
			 Federal Deposit Insurance Act to require the rate of interest on certain
			 loans remain unchanged after transfer of the loan, and for other purposes.

 1.Short titleThis Act may be cited as the Protecting Consumers’ Access to Credit Act of 2017.
 2.FindingsCongress finds that— (1)the contractual doctrine of valid-when-made provides, when applied to lending agreements, that a loan that is valid at inception cannot become usurious upon the subsequent sale or transfer of the loan to another person;
 (2)this important and longstanding principle derives from the common law and its application has been a cornerstone of United States banking law for nearly 200 years, as provided in the case of Nichols v. Fearson, 32 U.S. (7 Pet.) 103, 106 (1833), in which the Supreme Court of the United States famously declared: “Yet the rule of law is everywhere acknowledged, that a contract free from usury in its inception, shall not be invalidated by any subsequent usurious transactions upon it.”;
 (3)in 2016, the Solicitor General of the United States, in consultation with all Federal banking regulators, filed an amicus brief in the case of Midland Funding, LLC v. Madden, 136 S. Ct. 2505 (2016) (mem.), denying cert. to 786 F.3d 246, (2d Cir. 2015), that described the United States Court of Appeals for the Second Circuit in that case as incorrect with an analysis reflect[ing] a misunderstanding of section 85 of the National Bank Act and precedent of the Supreme Court of the United States because the analysis contradicted the contractual doctrine of valid-when-made;
 (4)the valid-when-made doctrine, by bringing certainty to the legal treatment of all valid loans that are transferred, greatly enhances liquidity in the credit markets by widening the potential pool of loan buyers and reducing the cost of credit to borrowers at the time of origination;
 (5)a joint academic study by professors at Stanford, Fordham, and Columbia Universities concluded that the Madden v. Midland decision has already disproportionately affected low- and moderate-income individuals in the United States with lower FICO scores; and
 (6)if the valid-when-made doctrine is not reaffirmed soon by Congress, the lack of access to safe and affordable financial services will force the households in the United States with the fewest resources to seek financial products that are nontransparent, fail to inform consumers about the terms of credit available, and do not comply with State and Federal laws, including regulations.
			3.Rate of interest after transfer of loan
 (a)Amendment to the Revised StatutesSection 5197 of the Revised Statutes (12 U.S.C. 85) is amended by adding at the end the following: A loan that is valid when made as to its maximum rate of interest in accordance with this section shall remain valid with respect to such rate regardless of whether the loan is subsequently sold, assigned, or otherwise transferred to a third party, and may be enforced by such third party notwithstanding any State law to the contrary..
 (b)Amendment to the Home Owners’ Loan ActSection 4(g) of the Home Owners’ Loan Act (12 U.S.C. 1463(g)) is amended by adding at the end the following:

 (3)A loan that is valid when made as to its maximum rate of interest in accordance with this subsection shall remain valid with respect to such rate regardless of whether the loan is subsequently sold, assigned, or otherwise transferred to a third party, and may be enforced by such third party notwithstanding any State law to the contrary..
 (c)Amendment to the Federal Credit Union ActSection 205(g) of the Federal Credit Union Act (12 U.S.C. 1785(g)) is amended by adding at the end the following:

 (3)A loan that is valid when made as to its maximum rate of interest in accordance with this subsection shall remain valid with respect to such rate regardless of whether the loan is subsequently sold, assigned, or otherwise transferred to a third party, and may be enforced by such third party notwithstanding any State law to the contrary..
 (d)Amendment to the Federal Deposit Insurance ActSection 27 of the Federal Deposit Insurance Act (12 U.S.C. 1831d) is amended by adding at the end the following:

 (c)A loan that is valid when made as to its maximum rate of interest in accordance with this section shall remain valid with respect to such rate regardless of whether the loan is subsequently sold, assigned, or otherwise transferred to a third party, and may be enforced by such third party notwithstanding any State law to the contrary..
			4.Rule of construction
 Nothing in this Act may be construed as limiting the authority or jurisdiction of the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, or the National Credit Union Administration.


113 HRES 199 IH: National Celiac Awareness Month
U.S. House of Representatives
2013-05-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		113th CONGRESS
		1st Session
		H. RES. 199
		IN THE HOUSE OF REPRESENTATIVES

			May 6, 2013
			Ms. McCollum (for
			 herself, Mrs. Lowey,
			 Mr. Ryan of Ohio,
			 Mr. McGovern,
			 Ms. Bordallo,
			 Ms. Moore,
			 Mr. Conyers, and
			 Mr. Rangel) submitted the following
			 resolution; which was referred to the Committee on Energy and
			 Commerce

		RESOLUTION
		Expressing support for designation of May
		  2013 as National Celiac Awareness
		  Month.

		Whereas celiac disease is one of the most common genetic
			 conditions in the world;
		Whereas 1 in 133 people in the United States, the
			 equivalent of 1 percent of the Nation’s population, has celiac disease;
		Whereas 95 percent of people in the United States with
			 celiac disease remain undiagnosed;
		Whereas the grains wheat, rye, and barley contain a
			 protein which triggers an immune response in persons with celiac disease,
			 causing damage to the lining of the small intestine;
		Whereas the only course of treatment for celiac disease is
			 strict adherence to the medically prescribed gluten-free diet;
		Whereas individuals with celiac disease may have a range
			 of symptoms including anemia, weight loss, abdominal pain, osteoporosis, short
			 stature, diarrhea, constipation, depression, and migraines;
		Whereas the length of time for an adult to be diagnosed
			 with celiac disease is 6 years from the onset of symptoms;
		Whereas celiac disease is a serious life-long condition
			 that affects children, women, and men in every age group;
		Whereas delays in the diagnosis of celiac disease result
			 in increased health care costs to patients, employers, and the Federal
			 Government;
		Whereas other serious autoimmune disorders such as
			 rheumatoid arthritis, systemic lupus, and Sjogren's syndrome are associated
			 with delays in the diagnosis of celiac disease;
		Whereas 10 percent of persons with type 1 diabetes have
			 celiac disease;
		Whereas individuals with Down syndrome are at increased
			 risk of having celiac disease;
		Whereas 30 percent of new diagnoses occur in persons over
			 the age of 60;
		Whereas 10 percent of people with celiac disease suffer
			 from associated neurological conditions such as peripheral neuropathy and
			 ataxia;
		Whereas the United States will host the 15th International
			 Celiac Disease Symposium (ICDS) in Chicago, Illinois, in September 2013;
		Whereas the global conference will bring together experts
			 in the study, treatment, and management of celiac disease and gluten-related
			 disorders;
		Whereas the Food Allergen Labeling and Consumer Protection
			 Act of 2004 mandated the establishment of Federal standards for gluten-free
			 foods to aid persons with celiac disease;
		Whereas individuals with celiac disease need basic
			 information about food product ingredients to effectively manage their chronic
			 health condition; and
		Whereas the 2004 National Institutes of Health Consensus
			 Development Conference on Celiac Disease found that consultation with a skilled
			 dietitian and identification and treatment of nutritional deficiencies were key
			 elements in the management of celiac disease: Now, therefore, be it

		That the House of
			 Representatives—
			(1)supports the
			 designation of National Celiac
			 Awareness Month;
			(2)recognizes the efforts of advocates and
			 organizations that encourage awareness, promote research, and provide
			 education, support, and hope to those impacted by celiac disease;
			(3)supports research
			 funding to find a cure for celiac disease; and
			(4)supports and
			 encourages all people in the United States to observe National Celiac Awareness Month with
			 appropriate events and activities.


113 S2215 IS: Eliminating Improper and Abusive IRS Audits Act of 2014
U.S. Senate
2014-04-07
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.

		II
		113th CONGRESS
		2d Session
		S. 2215
		IN THE SENATE OF THE UNITED STATES

			April 7, 2014
			Mr. Cornyn introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To protect taxpayers from improper audits by the Internal Revenue Service.

		1.Short
			 title; table of contents
			(a)Short
			 titleThis Act may be cited
			 as the Eliminating Improper and Abusive IRS Audits Act of 2014.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:
				Sec. 1. Short title; table of contents.
					Sec. 2. Civil damages allowed for reckless or intentional disregard of internal revenue laws.
					Sec. 3. Modifications relating to certain offenses by officers and employees in connection with
			 revenue laws.
					Sec. 4. Modifications relating to civil damages for unauthorized inspection or disclosure of
			 returns and return information.
					Sec. 5. Extension of time for contesting IRS levy.
					Sec. 6. Increase in monetary penalties for certain unauthorized disclosures of information.
					Sec. 7. Ban on raising new issues on appeal.
					Sec. 8. Limitation on enforcement of liens against principal residences.
					Sec. 9. Additional provisions relating to mandatory termination for misconduct.
					Sec. 10. Extension of declaratory judgment procedures to social welfare organizations.
					Sec. 11. Review by the Treasury Inspector General for Tax Administration.

			2.Civil damages
			 allowed for reckless or intentional disregard of internal revenue laws
			(a)Increase in
			 amount of damagesSection 7433(b) of the Internal Revenue Code of
			 1986 is amended by striking $1,000,000 ($100,000, in the case of
			 negligence) and inserting $3,000,000 ($300,000, in the case of
			 negligence).
			(b)Extension of
			 time To bring actionSection 7433(d)(3) of the Internal Revenue
			 Code of 1986 is amended by striking 2 years and inserting
			 5 years.
			(c)Effective
			 dateThe amendments made by this section shall apply to actions
			 of employees of the Internal Revenue Service after the date of the
			 enactment of
			 this Act.
			3.Modifications
			 relating to certain offenses by officers and employees in connection with
			 revenue laws
			(a)Increase in
			 penaltySection 7214 of the Internal Revenue Code of 1986 is
			 amended—
				(1)by striking
			 $10,000 in subsection (a) and inserting $25,000,
			 and
				(2)by striking
			 $5,000 in subsection (b) and inserting
			 $10,000.
				(b)Effective
			 dateThe amendments made by this section shall take effect on the
			 date of the enactment of this Act.
			4.Modifications
			 relating to civil damages for unauthorized inspection or disclosure of
			 returns
			 and return information
			(a)Increase in
			 amount of damagesSubparagraph (A) of section 7431(c)(1) of the
			 Internal Revenue Code of 1986 is amended by striking $1,000 and
			 inserting $10,000.
			(b)Effective
			 dateThe amendment made by this section shall apply to
			 inspections and disclosure occurring on and after the date of the
			 enactment of
			 this Act.
			5.Extension of
			 time for contesting IRS levy
			(a)Extension of
			 time for return of property subject to levySubsection (b) of
			 section 6343 of the Internal Revenue Code of 1986 is amended by striking
			 9 months and inserting 3 years.
			(b)Period of
			 limitation on suitsSubsection (c) of section 6532 of the
			 Internal Revenue Code of 1986 is amended—
				(1)in paragraph (1)
			 by striking 9 months” and inserting ‘‘3 years, and
				(2)in paragraph (2)
			 by striking 9-month and inserting 3-year.
				(c)Effective
			 dateThe amendments made by this section shall apply to—
				(1)levies made after
			 the date of the enactment of this Act, and
				(2)levies made on or
			 before such date if the 9-month period has not expired under section
			 6343(b) of
			 the Internal Revenue Code of 1986 (without regard to this section) as of
			 such
			 date.
				6.Increase in
			 monetary penalties for certain unauthorized disclosures of information
			(a)In
			 generalParagraphs (1), (2), (3), and (4) of section 7213(a) of
			 the Internal Revenue Code of 1986 are each amended by striking
			 $5,000 and inserting $10,000.
			(b)Effective
			 dateThe amendments made by this section shall apply to
			 disclosures made after the date of the enactment of this Act.
			7.Ban on raising
			 new issues on appeal
			(a)In
			 generalChapter 77 of the Internal Revenue Code of 1986 is
			 amended by adding at the end the following new section:

					7529.Prohibition
				on Internal Revenue Service raising new issues in an internal
			 appeal
						(a)In
				generalIn reviewing an appeal of any determination initially
				made by the Internal Revenue Service, the Internal Revenue Service
			 Office of
				Appeals may not consider or decide any issue that is not within the
			 scope of
				the initial determination.
						(b)Certain issues
				deemed outside of scope of determinationFor purposes of
				subsection (a), the following matters shall be considered to be not
			 within the
				scope of a determination:
							(1)Any issue that
				was not raised in a notice of deficiency or an examiner's report
			 which is the
				subject of the appeal.
							(2)Any deficiency in
				tax which was not included in the initial determination.
							(3)Any theory or
				justification for a tax deficiency which was not considered in the
			 initial
				determination.
							(c)No inference
				with respect to issues raised by taxpayersNothing in this
				section shall be construed to provide any limitation in addition to
			 any
				limitations in effect on the date of the enactment of this section
			 on the right
				of a taxpayer to raise an issue, theory, or justification on an
			 appeal from a
				determination initially made by the Internal Revenue Service that
			 was not
				within the scope of the initial
				determination.
						.
			(b)Clerical
			 amendmentThe table of sections for chapter 77 of such Code is
			 amended by adding at the end the following new item:

						Sec. 7529. Prohibition on Internal Revenue Service raising new
				issues in an internal
				appeal.

					.
			(c)Effective
			 dateThe amendments made by this section shall apply to matters
			 filed or pending with the Internal Revenue Service Office of Appeals on or
			 after the date of the enactment of this Act.
			8.Limitation on
			 enforcement of liens against principal residences
			(a)In
			 generalSection 7403(a) of the Internal Revenue Code of 1986 is
			 amended—
				(1)by striking
			 In any case and inserting the following:

						(1)In
				generalIn any case
						,
				and
				(2)by adding at the
			 end the following new paragraph:

						(2)Limitation with
				respect to principal residence
							(A)In
				generalParagraph (1) shall not apply to any property used as the
				principal residence of the taxpayer (within the meaning of section
			 121) unless
				the Secretary of the Treasury makes a written determination that—
								(i)all other
				property of the taxpayer, if sold, is insufficient to pay the tax
			 or discharge
				the liability, and
								(ii)such action will
				not create an economic hardship for the taxpayer.
								(B)DelegationFor
				purposes of this paragraph, the Secretary of the Treasury may not
			 delegate any
				responsibilities under subparagraph (A) to any person other than—
								(i)the Commissioner
				of Internal Revenue, or
								(ii)a district
				director or assistant district director of the Internal Revenue
				Service.
								.
				(b)Effective
			 dateThe amendments made by this section shall apply to actions
			 filed after the date of the enactment of this Act.
			9.Additional
			 provisions relating to mandatory termination for misconduct
			(a)Termination of
			 unemployment for inappropriate review of tax-Exempt statusSection 1203(b) of the Internal Revenue
			 Service Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is
			 amended
			 by striking and at the end of paragraph (9), by striking the
			 period at the end of paragraph (10) and inserting ; and, and by
			 adding at the end the following new paragraph:

					(11)in the case of
				any review of an application for tax-exempt status by an
			 organization described
				in section 501(c) of the Internal Revenue Code of 1986, developing
			 or using any
				methodology that applies disproportionate scrutiny to any applicant
			 based on
				the ideology expressed in the name or purpose of the
				organization.
					.
			(b)Mandatory
			 unpaid administrative leave for misconductParagraph (1) of Section 1203(c) of the
			 Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C.
			 7804
			 note) is amended by adding at the end the following new sentence:
			 Notwithstanding the preceding sentence, if the Commissioner of Internal
			 Revenue takes a personnel action other than termination for an act or
			 omission
			 described in subsection (b), the Commissioner shall place the employee on
			 unpaid administrative leave for a period of not less than 30
			 days..
			(c)Limitation on
			 alternative punishmentParagraph (1) of section 1203(c) of the
			 Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C.
			 7804
			 note) is amended by striking The Commissioner and inserting
			 Except in the case of an act or omission described in subsection
			 (b)(3)(A), the Commissioner.
			10.Extension of
			 declaratory judgment procedures to social welfare organizations
			(a)In
			 generalSection 7428(a)(1) of the Internal Revenue Code of 1986
			 is amended by striking or at the end of subparagraph (C) and by
			 adding at the end the following new subparagraph:

					(E)with respect to
				the initial classification or continuing classification of an
			 organization
				described in section 501(c)(4) which is exempt from tax under
			 section 501(a),
				or
					.
			(b)Effective
			 dateThe amendments made by this section shall apply with respect
			 to pleading filed after the date of the enactment of this Act.11.Review by the
			 Treasury Inspector General for Tax Administration(a)ReviewSubsection (k)(1) of section 8D of the
			 Inspector General Act of 1978 (5 U.S.C. App.) is amended—(1)in subparagraph
			 (C), by striking and at the end;(2)by redesignating
			 subparagraph (D) as subparagraph (E);(3)by inserting
			 after subparagraph (C) the following new subparagraph:(D)shall—(i)review any
				criteria employed by the Internal Revenue Service to select tax
			 returns
				(including applications for recognition of tax-exempt status) for
			 examination
				or audit, assessment or collection of deficiencies, criminal
			 investigation or
				referral, refunds for amounts paid, or any heightened scrutiny or
			 review in
				order to determine whether the criteria discriminates against
			 taxpayers on the
				basis of race, religion, or political ideology; and(ii)consult with the
				Internal Revenue Service on recommended amendments to such criteria
			 in order to
				eliminate any discrimination identified pursuant to the review
			 described in
				clause (i); and;
				and(4)in subparagraph
			 (E), as so redesignated, by striking and (C) and inserting
			 (C), and (D).(b)Semiannual
			 ReportSubsection (g) of such section is amended by adding at the
			 end the following new paragraph:(3)Any semiannual
				report made by the Treasury Inspector General for Tax
			 Administration that is
				required pursuant to section 5(a) shall include—(A)a statement
				affirming that the Treasury Inspector General for Tax
			 Administration has
				reviewed the criteria described in subsection (k)(1)(D) and
			 consulted with the
				Internal Revenue Service regarding such criteria; and(B)a description and
				explanation of any such criteria that was identified as
			 discriminatory by the
				Treasury Inspector General for Tax
				Administration..


		I
		112th CONGRESS
		1st Session
		H. R. 1604
		IN THE HOUSE OF REPRESENTATIVES

			April 15, 2011
			Mr. Denham (for
			 himself, Mr. Nunes,
			 Mr. Cardoza,
			 Mr. Herger, and
			 Mr. McCarthy of California) introduced
			 the following bill; which was referred to the
			 Committee on Natural
			 Resources, and in addition to the Committee on the
			 Judiciary, for a period
			 to be subsequently determined by the Speaker, in each case for consideration of
			 such provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To facilitate certain activities, alleviate the extra
		  regulatory burdens, and reduce costs related to carrying out projects of the
		  Central Valley Project, and for other purposes.

		1.Applicability of certain
			 lawsSubmission of a Notice of
			 Determination for a CVP project or issuance of a permit related to a CVP
			 project in accordance with the California Environmental Quality Act shall be
			 deemed to meet the requirements of section 102(2)(C) of the National
			 Environmental Protection Act of 1969 (42 U.S.C. 4332(2)(C)) for that project or
			 permit.
		2.Continuation of
			 projectThe Bureau of
			 Reclamation shall not be required to cease activity on a project of the Central
			 Valley Project pending completion of a review or legal challenge of a Notice of
			 Determination for a CVP project or issuance of a permit related to a CVP
			 project.
		3.Judicial
			 proceedings
			(a)VenueNotwithstanding section 1391 of title 28,
			 United States Code, or other applicable law, an authorized CVP project
			 conducted under this title shall be subject to judicial review only in the
			 United States district court for a district in which the authorized CVP project
			 is located.
			(b)Injunctions
				(1)In
			 generalSubject to paragraph (2), the length of any preliminary
			 injunctive relief and stays pending appeal covering an authorized CVP project
			 carried out under this Act shall not exceed 60 days.
				(2)Renewal
					(A)In
			 generalA court of competent jurisdiction may issue one or more
			 renewals of any preliminary injunction, or stay pending appeal, granted under
			 paragraph (1).
					(B)UpdatesIn
			 each renewal of an injunction in an action, the parties to the action shall
			 present the court with updated information on the status of the authorized CVP
			 project.
					(3)Balancing of
			 short- and long-term effectsAs part of its weighing the equities
			 while considering any request for an injunction that applies to an agency
			 action under an authorized CVP project, the court reviewing the project shall
			 balance the impact to the ecosystem likely affected by the project of—
					(A)the short- and
			 long-term effects of undertaking the agency action; against
					(B)the short- and
			 long-term effects of not undertaking the agency action.
					4.Project
			 DefinedFor the purposes of
			 this Act:
			(1)CVPThe
			 term CVP means the Central Valley Project.
			(2)ProjectThe
			 term project—
				(A)means an activity
			 that—
					(i)is
			 undertaken by a public agency, funded by a public agency, or that requires an
			 issuance of a permit by a public agency;
					(ii)has
			 a potential to result in physical change to the environment; and
					(iii)may be subject
			 to several discretionary approvals by governmental agencies; and
					(B)may include
			 construction activities, clearing or grading of land, improvements to existing
			 structures, and activities or equipment involving the issuance of a
			 permit.


113 HR 1998 IH: Big Cats and Public Safety Protection Act
U.S. House of Representatives
2013-05-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1998
		IN THE HOUSE OF REPRESENTATIVES

			May 15, 2013
			Mr. McKeon (for
			 himself and Ms. Loretta Sanchez of
			 California) introduced the following bill; which was referred to
			 the Committee on Natural
			 Resources

		A BILL
		To amend the Lacey Act Amendments of 1981 to clarify
		  provisions enacted by the Captive Wildlife Safety Act, to further the
		  conservation of certain wildlife species, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Big Cats and Public Safety Protection
			 Act.
		2.FindingsCongress finds the following:
			(1)The global illicit
			 trade in wildlife may be worth up to $20,000,000,000 annually and the value of
			 legal wildlife trade in the United States was recently estimated at
			 $2,800,000,000 annually.
			(2)The illegal trade
			 in prohibited wildlife species (as defined in section 2(g) of the Lacey Act
			 Amendments of 1981 (16 U.S.C. 3371(g)) stimulates demand and expands markets in
			 which those species can be illegally sold.
			(3)The private
			 possession, breeding, and sale of prohibited wildlife species has a substantial
			 and detrimental effect on the health and general welfare of the people of the
			 United States and on the conservation of the species themselves.
			(4)Private possession
			 and breeding of prohibited wildlife species have a substantial and direct
			 effect on interstate commerce because prohibited wildlife species are
			 frequently bred and possessed to be used in public exhibition or for sale or
			 transfer of ownership in the exotic pet trade, and are often transported in
			 interstate commerce for these purposes.
			(5)Private possession
			 and breeding of prohibited wildlife species contributes to the interstate
			 traffic in those species and may contribute to illegal international wildlife
			 trade.
			(6)Prohibited
			 wildlife species in private possession, or distributed intrastate, are fungible
			 commodities that cannot be differentiated, in terms of control, from prohibited
			 wildlife species possessed or distributed interstate.
			(7)It is exceedingly
			 difficult to distinguish between prohibited wildlife species that are
			 possessed, bred, sold, or transported in interstate commerce from those that
			 have not been.
			(8)Federal control of
			 the intrastate private possession and breeding of prohibited wildlife species
			 is essential to the effective control of the interstate incidents of traffic in
			 prohibited wildlife species.
			(9)The United States
			 is a party to the Convention on International Trade in Endangered Species of
			 Wild Fauna and Flora, which was designed to protect species of wild fauna and
			 flora against overexploitation through international trade.
			3.Definitions
			(a)In
			 generalSection 2 of the Lacey Act Amendments of 1981 (16 U.S.C.
			 3371) is amended—
				(1)by redesignating
			 subsections (a) through (k) as subsections (b) through (l), respectively;
				(2)by inserting
			 before subsection (b) (as so redesignated) the following:

						(a)BreedThe
				term breed means to facilitate the propagation or reproduction
				(whether intentionally or negligently), or to fail to prevent the propagation
				or reproduction, of a prohibited wildlife species or other
				animal.
						;
				and
				(3)by adding at the
			 end the following:

						(m)Traveling
				circusThe term
				traveling circus means an exhibitor holding a Class C license
				issued under the Animal Welfare Act (7 U.S.C. 2131 et
				seq.).
						.
				(b)Conforming
			 amendments
				(1)Consolidated
			 farm and rural development actSection 349(a)(3) of the
			 Consolidated Farm and Rural Development Act (7 U.S.C. 1997(a)(3)) is amended by
			 striking section 2(a) and inserting section
			 2(b).
				(2)Lacey act
			 amendments of 1981
					(A)Section 3(e)(2)(C)
			 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(e)(2)(C)) is
			 amended—
						(i)in
			 clause (ii), by striking section 2(g) and inserting
			 section 2(h); and
						(ii)in
			 clause (iii), by striking section 2(g) and inserting
			 section 2(h).
						(B)Section 7(c) of
			 the Lacey Act Amendments of 1981 (16 U.S.C. 3376(c)) is amended by striking
			 section 2(f)(2)(A) and inserting section
			 2(g)(2)(A).
					4.ProhibitionsSection 3(a) of the Lacey Act Amendments of
			 1981 (16 U.S.C. 3372(a)) is amended—
			(1)in paragraph
			 (2)—
				(A)in subparagraph
			 (A), by striking the semicolon at the end and inserting ;
			 or;
				(B)in subparagraph
			 (B)(iii), by striking ; or and inserting a semicolon; and
				(C)by striking
			 subparagraph (C);
				(2)in paragraph
			 (3)(B)(iii), by striking ; or and inserting a semicolon;
			(3)by redesignating
			 paragraph (4) as paragraph (5);
			(4)by inserting after
			 paragraph (3) the following:

					(4)subject to
				subsection (e), to import, export, transport, sell, receive, acquire, or
				purchase in interstate or foreign commerce, or to breed or possess, any
				prohibited wildlife species; or
					;
				and
			(5)in paragraph (5),
			 (as so redesignated), by striking (1) through (3) and inserting
			 (1) through (4).
			5.Nonapplicability
			 of offenses
			(a)In
			 generalSection 3(e) of the Lacey Act Amendments of 1981 (16
			 U.S.C. 3372(e)) is amended—
				(1)by striking
			 paragraph (1) and inserting the following:

						(1)In
				generalSubsection (a)(4) shall not apply to—
							(A)the importation,
				exportation, transportation, sale, receipt, acquisition, purchase, breeding, or
				possession of an animal of a prohibited wildlife species, by any person that,
				under any regulation promulgated under paragraph (3), is described in
				subparagraph (A), (B), (C), (D), or (F) of paragraph (2) with respect to that
				species; and
							(B)the transportation
				or possession of an animal of a prohibited wildlife species, by a person that,
				under any regulation promulgated under paragraph (3), is described in paragraph
				(2)(E) with respect to that species.
							;
				and
				(2)in paragraph
			 (2)—
					(A)by striking
			 subparagraph (A) and inserting the following:

							(A)is an institution
				accredited by the Association of Zoos and Aquariums (AZA) or certified related
				facilities that coordinate with an AZA Species Survival Plan for breeding of
				species listed as threatened or endangered pursuant to the provision of law
				codified at section 1533 of title 16, United States
				Code;
							;
					(B)in subparagraph
			 (C)—
						(i)by
			 striking is an accredited and inserting is a;
						(ii)in
			 clause (iii), by striking and;
						(iii)in
			 clause (iv), by striking or and inserting and;
			 and
						(iv)by
			 adding at the end the following:

								(v)does not allow the transportation and
				display of animals
				off-site;
								;
						(C)in subparagraph
			 (D), by striking the period at the end and inserting ; or;
			 and
					(D)by adding at the
			 end the following:

							(E)is in possession
				of any animal of any prohibited wildlife species, that—
								(i)is
				born before the date of enactment of this subparagraph; and
								(ii)not later than
				180 days after the date on which regulations are promulgated implementing this
				subparagraph, is registered with the Animal and Plant Health Inspection
				Service; or
								(F)is a traveling
				circus that—
								(i)regularly travels
				in interstate commerce to conduct performances featuring live prohibited
				wildlife species and multiple trained human entertainers, including clowns and
				acrobats;
								(ii)does not allow
				members of the public to be in direct contact with or unsafe proximity to a
				prohibited wildlife species of any age, including offering photographic
				opportunities or interactive sessions; and
								(iii)during the
				3-year period preceding the date of the enactment of this subparagraph, has not
				been determined by the Secretary of Agriculture to have violated the Animal
				Welfare Act (7 U.S.C. 2131 et seq.) by reason of jeopardizing the health and
				well-being of a prohibited wildlife species, including jeopardizing such health
				and well-being by providing—
									(I)inappropriate
				veterinary care;
									(II)inappropriate
				handling of the species causing stress or trauma to the species or a threat to
				public safety; or
									(III)insufficient
				food, water, shelter, or
				space.
									.
					(b)RegulationsNot
			 later than 180 days after the date of enactment of this Act, the Secretary of
			 the Interior, acting through the Director of the United States Fish and
			 Wildlife Service, and the Secretary of Agriculture, acting through the
			 Administrator of the Animal and Plant Health Inspection Service, shall
			 promulgate regulations implementing the amendments made by this section.
			6.Penalties
			(a)Civil
			 penaltiesSection 4(a)(1) of the Lacey Act Amendments of 1981 (16
			 U.S.C. 3373(a)(1)) is amended—
				(1)by inserting
			 (a)(4), after subsections; and
				(2)by striking
			 subsection (d) and inserting subsection (a)(4),
			 (d),.
				(b)Criminal
			 penaltiesSection 4(d) of the Lacey Act Amendments of 1981 (16
			 U.S.C. 3373(d)) is amended—
				(1)in paragraph
			 (1)—
					(A)in subparagraph
			 (A), by striking or after the comma at the end;
					(B)in subparagraph
			 (B), by adding or after the comma at the end; and
					(C)by inserting after
			 subparagraph (B) the following:

							(C)knowingly violates
				section 3(a)(4),
							;
				and
					(2)in paragraph (2),
			 by inserting , or in the exercise of due care should know that the
			 conduct violates section 3(a)(4), after treaty or
			 regulation.
				7.ForfeitureSection 5(a) of the Lacey Act Amendments of
			 1981 (16 U.S.C. 3374(a)) is amended—
			(1)in paragraph (1),
			 by striking or purchased and inserting purchased, bred,
			 or possessed,; and
			(2)in paragraph
			 (2)—
				(A)by striking
			 or purchasing and inserting purchasing, breeding, or
			 possessing, and
				(B)by striking
			 sale or purchase of, the offer of sale or purchase of, or the intent to
			 sell or purchase and inserting importation, exportation,
			 transportation, sale, receipt, acquisition, purchase, breeding, or possession
			 of, the offer of importation, exportation, transportation, sale, receipt,
			 acquisition, purchase, breeding, or possession of, or the intent to import,
			 export, transport, sell, receive, acquire, purchase, breed, or
			 possess.


117 HRES 697 IH: Condemning and censuring Representative Maxine Waters of California.
U.S. House of Representatives
2021-09-30
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. 697IN THE HOUSE OF REPRESENTATIVESSeptember 30, 2021Mr. Owens (for himself, Mr. Perry, Mr. Biggs, Ms. Foxx, Ms. Herrell, Mr. Duncan, Mr. Good of Virginia, Mr. Hice of Georgia, Mrs. Cammack, and Mr. Babin) submitted the following resolution; which was referred to the Committee on EthicsRESOLUTIONCondemning and censuring Representative Maxine Waters of California.Whereas, on September 22, 2021, Representative Maxine Waters made demonstrably false allegations, without evidence, that Border Patrol officials were whipping Haitian individuals illegally crossing the Southern border in Del Rio, Texas, based on a photograph that did not show any such actions on the part of Border Patrol officials;Whereas Representative Maxine Waters claimed, What we witnessed takes us back hundreds of years. What we witnessed was worse than what we witnessed in slavery: cowboys with their reins, again, whipping Black people, Haitians, into the water, where they’re scrambling and falling down, and all they’re trying to do is escape from violence in their country;Whereas Representative Maxine Waters further claimed, I’m unhappy, and I’m not just unhappy with the cowboys who were running down Haitians and using their reins to whip them. I’m [unhappy] with the Administration;Whereas Representative Maxine Waters’ allegations were disproved by National Border Patrol Council Vice President Art Del Cueto, as he explained, They were not whipping anyone. They are not assigned whips. What they do is a training technique that has been shown to them to make sure that no one takes over their horse. It was to protect the horse, to protect the rider and to protect the individual that was trying to cause chaos and knock down that rider from that horse;Whereas Representative Maxine Waters’ allegations were disproved by the AFP photographer, Paul Ratje, who took the photo and later stated, I never [saw] them whip anyone . . . [The official] was swinging [the reins] that to some it can be misconstrued when you’re looking at the pictures;Whereas Representative Maxine Waters’ claim that all [the Haitians are] trying to do is escape from violence in their country was disproved by the Daily Mail report that [t]he 15,000 Haitians who turned up in Del Rio did not come from Haiti—they came from mostly Chile . . . the wealthiest country in Latin America where [the Haitians] have been living in modest comfort in Santiago and Sao Paulo for the past five or six years;Whereas Representative Maxine Waters’ allegations, as well as similar faux outrage by other Members of the Democratic Party, further decreased operational control of the border as it led to the Department of Homeland Security Secretary Alejandro Mayorkas announcing that Border Patrol would no longer be using horses in Del Rio, ending one of the only effective methods available to Border Patrol officials to prevent migrants from illegally entering the country over this rugged terrain;Whereas Representative Maxine Waters’ false allegations defamed the brave men and women in the Border Patrol who work every day to secure our borders and hindered their ability to prevent the flow of drugs, disease, and potential terrorists into our Nation;Whereas Representative Maxine Waters’ false allegations that the actions of Border Patrol officials were worse than what we witnessed in slavery diminish and belittle the suffering and sacrifice of those who truly endured the scourge of slavery, including slaves being whipped, beaten, tortured, raped, and murdered; andWhereas Representative Maxine Waters’ false allegations were dangerous, failed to reflect creditably on the House, and brought shame on the House of Representatives: Now, therefore, be itThat—(1)Representative Maxine Waters of California be censured;(2)Representative Maxine Waters of California forthwith present herself in the well of the House of Representatives for the pronouncement of censure;(3)Representative Maxine Waters of California be censured with the public reading of this resolution by the Speaker; and(4)Representative Maxine Waters of California should immediately apologize for these remarks and resign from office to allow an individual more befitting of the respect of the people of the United States to represent California’s 43th District.


I
One Hundred Eleventh Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Tuesday, the fifth day of January, two thousand and ten
H. R. 6080

AN ACT
Making emergency supplemental appropriations for border security for the fiscal year ending September 30, 2010, and for other purposes.

 That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2010, and for other purposes, namely:
IDepartment of homeland securityU.S. customs and border protectionSalaries and expensesFor an additional amount for Salaries and Expenses, $253,900,000, to remain available until September 30, 2011, of which $39,000,000 shall be for costs to maintain U.S. Customs and Border Protection Officer staffing on the Southwest Border of the United States, $29,000,000 shall be for hiring additional U.S. Customs and Border Protection Officers for deployment at ports of entry on the Southwest Border of the United States, $175,900,000 shall be for hiring additional Border Patrol agents for deployment to the Southwest Border of the United States, and $10,000,000 shall be to support integrity and background investigation programs.Border security fencing, infrastructure, and technologyFor an additional amount for Border Security Fencing, Infrastructure, and Technology, $14,000,000, to remain available until September 30, 2011, for costs of designing, building, and deploying tactical communications for support of enforcement activities on the Southwest Border of the United States.Air and marine interdiction, operations, maintenance, and procurementFor an additional amount for Air and Marine Interdiction, Operations, Maintenance, and Procurement, $32,000,000, to remain available until September 30, 2012, for costs of acquisition and deployment of unmanned aircraft systems.Construction and facilities managementFor an additional amount for Construction and Facilities Management, $6,000,000, to remain available until September 30, 2011, for costs to construct up to 2 forward operating bases for use by the Border Patrol to carry out enforcement activities on the Southwest Border of the United States.U.S. immigration and customs enforcementSalaries and expensesFor an additional amount for Salaries and Expenses, $80,000,000, to remain available until September 30, 2011, of which $30,000,000 shall be for law enforcement activities targeted at reducing the threat of violence along the Southwest Border of the United States, and $50,000,000 shall be for hiring of additional agents, investigators, intelligence analysts, and support personnel.Federal law enforcement training centerSalaries and expensesFor an additional amount for Salaries and Expenses, $8,100,000, to remain available until September 30, 2011, for costs to provide basic training for new U.S. Customs and Border Protection Officers, Border Patrol agents, and U.S. Immigration and Customs Enforcement personnel.General provisions(rescissions)
101.From unobligated balances made available to U.S. Customs and Border Protection Border Security Fencing, Infrastructure, and Technology, $100,000,000 are rescinded: Provided, That section 401 shall not apply to the amount in this section.
II
department of justice
201.For an additional amount for the Department of Justice for necessary expenses for increased law enforcement activities related to Southwest border enforcement, $196,000,000, to remain available until September 30, 2011: Provided, That funds shall be distributed to the following accounts and in the following specified amounts:
(1)Administrative Review and Appeals, $2,118,000.
(2)Detention Trustee, $7,000,000.
(3)Legal Activities, Salaries and Expenses, General Legal Activities, $3,862,000.
(4)Legal Activities, Salaries and Expenses, United States Attorneys, $9,198,000.
(5)United States Marshals Service, Salaries and Expenses, $29,651,000.
(6)United States Marshals Service, Construction, $8,000,000.
(7)Interagency Law Enforcement, Interagency Crime and Drug Enforcement, $21,000,000.
(8)Federal Bureau of Investigation, Salaries and Expenses, $24,000,000.
(9)Drug Enforcement Administration, Salaries and Expenses, $33,671,000.
(10)Bureau of Alcohol, Tobacco, Firearms and Explosives, Salaries and Expenses, $37,500,000.
(11)Federal Prison System, Salaries and Expenses, $20,000,000.
IIIthe judiciarycourts of appeals, district courts, and other judicial servicessalaries and expensesFor an additional amount for Salaries and Expenses, $10,000,000, to remain available until September 30, 2011: Provided, That notwithstanding section 302 of division C of Public Law 111–117, funding shall be available for transfer between Judiciary accounts to meet increased workload requirements resulting from immigration and other law enforcement initiatives.
IVgeneral provisions
401.Each amount appropriated or otherwise made available under this Act is designated as an emergency requirement and necessary to meet emergency needs pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.
402.
(a)Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on the date of the enactment of this Act and ending on September 30, 2014, the filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) shall be increased by $2,250 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant's employees are nonimmigrants admitted pursuant to section 101(a)(15)(H)(i)(b) of such Act or section 101(a)(15)(L) of such Act.
(b)Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on the date of the enactment of this Act and ending on September 30, 2014, the filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) shall be increased by $2,000 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant's employees are such nonimmigrants or nonimmigrants described in section 101(a)(15)(L) of such Act.
(c)During the period beginning on the date of the enactment of this Act and ending on September 30, 2014, all amounts collected pursuant to the fee increases authorized under this section shall be deposited in the General Fund of the Treasury.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


110 HR 1576 IH: To amend the Internal Revenue Code of 1986 to make

U.S. House of Representatives
2007-03-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 1576
		IN THE HOUSE OF REPRESENTATIVES

			March 19, 2007
			Mr. Thompson of
			 California (for himself, Mr. Camp of
			 Michigan, Mr. Kind,
			 Mr. McDermott,
			 Mr. Cantor,
			 Mr. Blumenauer,
			 Mr. Lewis of Georgia,
			 Mr. Chandler,
			 Mr. Saxton,
			 Mr. Gerlach,
			 Mr. Murphy of Connecticut,
			 Mr. Fortenberry,
			 Mrs. Tauscher,
			 Mr. Issa, Mr. Bartlett of Maryland,
			 Mr. Radanovich,
			 Mr. Gilchrest,
			 Mr. Kuhl of New York,
			 Mr. Patrick J. Murphy of Pennsylvania,
			 Mr. Israel,
			 Mr. Cardoza,
			 Mr. Ehlers,
			 Mr. Bishop of New York, and
			 Mr. Garrett of New Jersey) introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to make
		  permanent the special rule for contributions of qualified conservation
		  contributions.

		1.Special rule for
			 contributions of qualified conservation contributions made permanent
			(a)In
			 general
				(1)IndividualsSubparagraph
			 (E) of section 170(b)(1) of the Internal Revenue Code of 1986 (relating to
			 contributions of qualified conservation contributions) is amended by striking
			 clause (vi).
				(2)CorporationsSubparagraph
			 (B) of section 170(b)(2) of such Code (relating to qualified conservation
			 contributions) is amended by striking clause (iii).
				(b)Effective
			 dateThe amendments made by this section shall apply to
			 contributions made in taxable years beginning after the date of the enactment
			 of this Act.


110 HR 5195 IH: To suspend temporarily the duty on Red 30-kilovolt

U.S. House of Representatives
2008-01-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 5195
		IN THE HOUSE OF REPRESENTATIVES

			January 29, 2008
			Mrs. Tauscher
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on Red 30-kilovolt
		  high-frequency cable, 30 square millimeters.

		1.Red 30-kilovolt
			 high-frequency cable, 30 square millimeters
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Red 30-kilovolt high-frequency cable, 30 square millimeters.
						Helu part number 700375, type KH–SO–2XCY (provided for in subheading
						8544.60.20)FreeNo changeNo changeOn or before 12/31/2011

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


113 HR 2847 IH: Wounded Warrior Service Dog Act of 2013
U.S. House of Representatives
2013-07-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2847
		IN THE HOUSE OF REPRESENTATIVES

			July 30, 2013
			Mr. McGovern (for
			 himself, Ms. Kaptur,
			 Ms. McCollum,
			 Mr. Hastings of Florida,
			 Mr. Schiff,
			 Mrs. Napolitano,
			 Mr. Moran,
			 Mr. Conyers,
			 Mr. Neal, Mr. Cicilline, Ms.
			 Moore, Mr. Grijalva, and
			 Mr. Jones) introduced the following
			 bill; which was referred to the Committee
			 on Armed Services, and in addition to the Committee on
			 Veterans’ Affairs, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To establish a grant program to encourage the use of
		  assistance dogs by certain members of the Armed Forces and
		  veterans.

		1.Short titleThis Act may be cited as the
			 Wounded Warrior Service Dog Act of
			 2013.
		2.Wounded Warrior
			 K–9 Corps
			(a)Grants
			 authorizedSubject to the availability of appropriations provided
			 for such purpose, the Secretary of Defense and the Secretary of Veterans
			 Affairs shall jointly establish a program, to be known as the K–9
			 Companion Corps Program, to award competitive grants to nonprofit
			 organizations to assist such organizations in the planning, designing,
			 establishing, or operating (or any combination thereof) of programs to provide
			 assistance dogs to covered members and veterans.
			(b)Use of
			 funds
				(1)In
			 generalThe recipient of a grant under this section shall use the
			 grant to carry out programs that provide assistance dogs to covered members and
			 veterans who have a disability described in paragraph (2).
				(2)DisabilityA
			 disability described in this paragraph is any of the following:
					(A)Blindness or
			 visual impairment.
					(B)Loss of use of a
			 limb, paralysis, or other significant mobility issues.
					(C)Loss of
			 hearing.
					(D)Traumatic brain
			 injury.
					(E)Post-traumatic
			 stress disorder.
					(F)Any other
			 disability that the Secretary of Defense and the Secretary of Veterans Affairs
			 consider appropriate.
					(3)Timing of
			 awardThe Secretaries may not award a grant under this section to
			 reimburse a recipient for costs previously incurred by the recipient in
			 carrying out a program to provide assistance dogs to covered members and
			 veterans unless the recipient elects for the award to be such a
			 reimbursement.
				(c)EligibilityTo
			 be eligible to receive a grant under this section, a nonprofit organization
			 shall submit an application to the Secretary of Defense and the Secretary of
			 Veterans Affairs at such time, in such manner, and containing such information
			 as the Secretary of Defense and the Secretary of Veterans Affairs may require.
			 Such application shall include—
				(1)a
			 proposal for the evaluation required by subsection (d); and
				(2)a
			 description of—
					(A)the training that
			 will be provided by the organization to covered members and veterans;
					(B)the training of
			 dogs that will serve as assistance dogs;
					(C)the aftercare
			 services that the organization will provide for such dogs and covered members
			 and veterans;
					(D)the plan for
			 publicizing the availability of such dogs through a targeted marketing campaign
			 to covered members and veterans;
					(E)the recognized
			 expertise of the organization in breeding and training such dogs;
					(F)the commitment of
			 the organization to comparable standards as that of the International Guide Dog
			 Federation or Assistance Dogs International;
					(G)the commitment of
			 the organization to humane standards for animals; and
					(H)the experience of
			 the organization with working with military medical treatment facilities or
			 medical facilities of the Department of Veterans Affairs.
					(d)EvaluationThe
			 Secretary shall require each recipient of a grant to use a portion of the funds
			 made available through the grant to conduct an evaluation of the effectiveness
			 of the activities carried out through the grant by such recipient.
			(e)DefinitionsIn
			 this Act:
				(1)Assistance
			 dogThe term assistance dog means a dog
			 specifically trained to perform physical tasks to mitigate the effects of a
			 disability described in subsection (b)(2), except that the term does not
			 include a dog specifically trained for comfort or personal defense.
				(2)Covered members
			 and veteransThe term covered members and veterans
			 means—
					(A)with respect to a
			 member of the Armed Forces, such member who is—
						(i)receiving medical
			 treatment, recuperation, or therapy under chapter 55 of title 10, United States
			 Code;
						(ii)in
			 medical hold or medical holdover status; or
						(iii)covered under
			 section 1202 or 1205 of title 10, United States Code; and
						(B)with respect to a
			 veteran, a veteran who is enrolled in the health care system established under
			 section 1705(a) of title 38, United States Code.
					(f)Authorization of
			 appropriationsThere is authorized to be appropriated to carry
			 out this Act $5,000,000 for each of fiscal years 2014 through 2018.


 HCON 26 ENR: Providing for an adjournment of the House
U.S. House of Representatives
2009-01-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
One Hundred Eleventh Congress of the United States of America
At the First SessionBegun and held at the City of Washington on Tuesday, the sixth day of January, two thousand and nine
H. CON. RES. 26

January 28, 2009
Agreed to

CONCURRENT RESOLUTION
Providing for an adjournment of the House

That when the House adjourns on the legislative day of Wednesday, January 28, 2009, on a motion offered pursuant to this concurrent resolution by its Majority Leader or his designee, it stand adjourned until 2 p.m. on Monday, February 2, 2009, or until the time of any reassembly pursuant to section 2 of this concurrent resolution, whichever occurs first; and that when the House adjourns on the legislative day of Wednesday, February 4, 2009, on a motion offered pursuant to this concurrent resolution by its Majority Leader or his designee, it stand adjourned until 2 p.m. on Monday, February 9, 2009, or until the time of any reassembly pursuant to section 2 of this concurrent resolution, whichever occurs first. 2. The Speaker or her designee, after consultation with the Minority Leader, shall notify the Members of the House to reassemble at such place and time as she may designate if, in her opinion, the public interest shall warrant it.

Clerk of the House of Representatives.Secretary of the Senate.


116 S4406 IS: Protect America’s Children from Toxic Pesticides Act
U.S. Senate
2020-08-04
text/xml
EN
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II116th CONGRESS2d SessionS. 4406IN THE SENATE OF THE UNITED STATESAugust 4, 2020Mr. Udall (for himself, Ms. Warren, Mr. Booker, and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryA BILLTo amend the Federal Insecticide, Fungicide, and Rodenticide Act to fully protect the safety of children and the environment, to remove dangerous pesticides from use, and for other purposes.1.Short titleThis Act may be cited as the Protect America’s Children from Toxic Pesticides Act.2.FindingsCongress finds that—(1)the Environmental Protection Agency (referred to in this section as the EPA) regularly fails to incorporate updated scientific understanding to protect human health and the environment from the harmful effects of pesticide products, as envisioned by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), resulting in the use of billions of pounds of pesticides every year that were approved based on outdated science;(2)the United States lags behind the European Union and other developed nations in protecting its people and its environment from toxic chemicals, allowing the use of 72 pesticides that have been banned or are being phased out in the European Union alone;(3)the EPA registers nearly 65 percent of pesticides through conditional registrations and frequently waives requirements to extend the use of conditional registrations prior to completion of comprehensive registration;(4)the EPA permits the continued sale of potentially dangerous stocks of pesticides after registration has been canceled or suspended;(5)the EPA uses emergency exemptions to keep pesticides on the market for years without undergoing a comprehensive registration process that would ensure the safe use of the pesticides;(6)the EPA is prohibited from requiring the disclosure of inert ingredients, even though inert ingredients can account for 99 percent of a pesticide product and include carcinogenic and toxic chemicals;(7)the International Agency for Research on Cancer, the specialized cancer agency of the World Health Organization, has assessed and ranked the carcinogenicity of hundreds of pesticides to ensure that the most up-to-date, rigorous scientific information is used to inform the world of the risks of pesticides;(8)scientists have repeatedly linked exposure to organophosphate pesticides to neurodevelopmental damage in children;(9)the United States Fish and Wildlife Service and the National Marine Fisheries Service have determined that organophosphate pesticides jeopardize the survival of 97 percent of endangered species;(10)neonicotinoid pesticides are contributing to the rapid decline of pollinators and the deterioration of pollinator health, including impaired foraging behavior and increased susceptibility to viruses, diseases, and parasites;(11)exposure to paraquat—(A)causes heart failure, kidney failure, liver failure, lung scarring, and damage to brain cells; and (B)greatly increases the risk of developing Parkinson’s disease;(12)local communities have been blocked by States from enacting pesticide restrictions to protect people and environment from toxic chemicals; and(13)farmworkers are—(A)disproportionately exposed to and harmed by pesticide use; and (B)afforded inadequate safeguards and far less protection than industrial workers. 3.Ending indefinite delays on review of dangerous pesticides(a)Definitions(1)In generalSection 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136) is amended—(A)by striking subsection (z) and inserting the following:(z)RegistrationThe term registration means the approval of an active ingredient or pesticide product under this Act—(1)that has not previously been registered under this Act; or(2)for a crop or use for which the active ingredient or pesticide has not previously been registered under this Act.;(B)by redesignating subsections (aa) through (oo) as subsections (bb) through (pp), respectively; and(C)by inserting after subsection (z) the following:(aa)Registration review determination(1)In generalThe term registration review determination means the final decision to renew the registration of a pesticide product or active ingredient to authorize the use of the pesticide product or active ingredient—(A)for an additional 15-year period from the date of the previous registration, reregistration, or registration review determination, as applicable; and(B)in compliance with all applicable laws and regulations.(2)ExclusionThe term registration review determination does not include any interim determination regarding the continued use of a pesticide product or active ingredient by the Administrator..(2)Conforming amendments(A)Section 2(e)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(e)(1)) is amended by striking subsection (ee) and inserting subsection (ff).(B)Section 3(h)(3)(E) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(h)(3)(E)) is amended by striking section 2(mm) and inserting section 2(nn).(C)Section 33(b)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(b)(3)) is amended—(i)by striking §2(mm) each place it appears and inserting section 2(nn); and(ii)by striking Section 2(ll)(2) and inserting section 2(mm)(2).(b)Suspension of dangerous pesticides on failure To complete registration review on timeSection 4 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1) is amended by adding at the end the following:(o)Suspension of dangerous pesticides on failure To complete registration review on time(1)Definition of dangerous pesticideIn this subsection, the term dangerous pesticide means an active ingredient or pesticide product that may—(A)be carcinogenic;(B)be acutely toxic;(C)be an endocrine disruptor;(D)cause harm to a pregnant woman or a fetus; or(E)cause neurological or developmental harm.(2)Petitions to designate dangerous pesticides(A)In generalAn interested person may submit a petition under section 553(e) of title 5, United States Code, to designate an active ingredient or pesticide product as a dangerous pesticide under this subsection.(B)ReviewOn receipt of a petition under subparagraph (A), the Administrator shall review the petitions submitted by interested persons under that subparagraph relating to that active ingredient or pesticide product to determine if the active ingredient or pesticide product may warrant designation as a dangerous pesticide.(3)Initial findings(A)In generalNot later than 90 days after the receipt of a petition described in paragraph (2)(A), the Administrator shall make a finding as to whether the petition presents substantial scientific information indicating that the designation of the petitioned active ingredient or pesticide product as a dangerous pesticide may be warranted.(B)Failure to review petitionIf the Administrator fails make a finding on a petition by the date required under subparagraph (A), the active ingredient or pesticide product that is the subject of the petition shall be deemed to be a dangerous pesticide.(C)Full consideration of all science(i)In generalIn making a finding as to whether a petition provides substantial scientific information that an active ingredient or pesticide product may warrant designation as a dangerous pesticide under subparagraph (A), the Administrator shall fully consider all relevant—(I)epidemiological studies or information;(II)peer-reviewed literature; and(III)information or data provided by a Federal or State agency.(ii)RequirementThe Administrator shall not discount or ignore information provided in a petition described in paragraph (2)(A) based on any criteria under part 152 or 160 of title 40, Code of Federal Regulations (or successor regulations), or any rule issued by the Administrator under docket number EPA–HQ–OA–2018–0259.(4)Suspensions of pesticide(A)In generalNotwithstanding any other provision of law, on a finding under paragraph (3)(A) that an active ingredient or pesticide product may warrant designation as a dangerous pesticide, or on operation of paragraph (3)(B), the Administrator shall immediately suspend the registration of the active ingredient or pesticide product if a valid reregistration eligibility decision or registration review determination has not been made regarding the active ingredient or pesticide product during the 15-year period ending on the date of that finding or operation.(B)DurationThe registration of an active ingredient or pesticide product suspended under subparagraph (A) shall remain suspended until such time as the Administrator makes a registration review determination in accordance with this section.(5)Existing stocksIn accordance with section 6(a)(1), the Administrator shall not permit the continued sale and use of existing stocks of an active ingredient or pesticide product the registration of which has been suspended under paragraph (4).(6)CancellationNotwithstanding any other provision of law, including section 6(b), if the Administrator fails to suspend the registration of an active ingredient or pesticide product that may warrant designation as a dangerous pesticide as required by this subsection by not later than 60 days after any deadline described in this subsection—(A)the registration of the active ingredient or pesticide product shall be immediately and permanently canceled by operation of law and without any further proceedings; and(B)in accordance with section 6(a)(1), the sale of existing stocks of the active ingredient or pesticide product shall be prohibited.(7)Citizen suits(A)In generalAny person may bring a civil action against the Administrator where there is an alleged failure of the Administrator to comply with any provision of this subsection.(B)ReviewabilityAn action under subparagraph (A) shall be reviewable in the district courts of the United States pursuant to section 16(a).(8)Inapplicability of IREDSNotwithstanding any other provision of law, an interim registration review decision or any other interim determination with respect to an active ingredient or pesticide product shall have no force or effect regarding any requirement of this subsection..4.Emergency review of pesticides banned in other nationsSection 6 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d) is amended by adding at the end the following:(i)Suspension and expedited review of banned pesticides(1)Suspension of banned pesticidesThe Administrator shall immediately suspend the registration of any active ingredient or pesticide product that is—(A)banned or otherwise prohibited from entering the market by the European Union, 1 or more countries in the European Union, or Canada; and(B)registered for use within the United States.(2)Expedited review(A)In generalThe Administrator shall complete an expedited review of the justification and rationale for the ban of a pesticide by the European Union or a country described in paragraph (1)(A).(B)Notice and commentIn carrying out an expedited review with respect to each pesticide under subparagraph (A), the Administrator shall provide notice and an opportunity for public comment.(3)Cancellation(A)In generalNotwithstanding any other provision of law, including subsection (b), if the Administrator determines after a review under paragraph (2) that the pesticide under review may be dangerous in accordance with subparagraph (B), the registration that is suspended shall be canceled not later than 2 years after the date of completion of the review.(B)Determination of dangerous pesticideThe Administrator shall determine that a pesticide under review under paragraph (2) may be dangerous if substantial information indicates that the pesticide may—(i)be carcinogenic;(ii)be acutely toxic;(iii)be an endocrine disruptor;(iv)cause harm to a pregnant woman or a fetus; or(v)cause neurological or developmental harm.(C)Full consideration of science(i)In generalIn determining whether a pesticide under review under paragraph (2) may be dangerous, the Administrator shall consider relevant evidence, including—(I)epidemiological data;(II)peer-reviewed literature; and(III)data generated by a State or Federal agency or an agency of a foreign government.(ii)Treatment of informationNotwithstanding any requirements or criteria under parts 152 and 160 of title 40, Code of Federal Regulations (or successor regulations), or any rule issued by the Administrator under docket number EPA–HQ–OA–2018–0259, the Administrator shall not discount, otherwise ignore, or give disproportionately more or less weight to evidence described in clause (i).(D)Consideration of economic cost prohibitedIn determining whether a pesticide under review under paragraph (2) may be dangerous, the Administrator shall not consider any economic analysis of the benefits or costs of continuing to register the pesticide.(E)Public commentPrior to making a final determination under subparagraph (A), the Administrator shall provide a draft determination for not less than 90 days of public comment.(4)Citizen suits(A)In generalAny person may bring a civil action against the Administrator where there is an alleged failure of the Administrator to comply with any provision of this subsection. (B)ReviewabilityAn action under subparagraph (A) shall be reviewable in the district courts of the United States pursuant to section 16(a)..5.Ensuring accountability in conditional registrations(a)In generalSection 3(c)(7) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(7)) is amended by striking subparagraph (C) and inserting the following:(C)Time limits on conditional registrations(i)In generalNotwithstanding any other provision of this subsection or section 6(e), the Administrator shall provide not longer than 2 years for the terms and requirements of any conditional registration under this paragraph to be met by the registrant.(ii)CancellationThe Administrator shall cancel a conditional registration under this paragraph unless the registrant fully complies with all conditions by the earlier of—(I)all deadlines established by the Administrator; and(II)2 years after the effective date of the conditional registration.(iii)Existing conditional registrationsNotwithstanding any other provision of law, as of the date of enactment of this clause, each outstanding conditional registration under this paragraph for which the registrant has not fulfilled all conditions of the conditional registration shall be canceled.(iv)Reports(I)In generalNot later than December 31 of each calendar year, the Administrator shall submit to Congress an annual report describing the total number of conditional registrations under this paragraph that were registered during the immediately preceding fiscal year.(II)ContentsA report under subclause (I) shall include a description of—(aa)each conditionally registered pesticide and the conditions imposed, including any modification of those conditions; and (bb)the quantity produced of each pesticide described in item (aa)..(b)Conforming amendmentSection 6(e) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d(e)) is amended—(1)in paragraph (1), by striking the last sentence and inserting The Administrator shall not permit the continued sale and use of existing stocks of a pesticide the conditional registration of which has been canceled.; and(2)in paragraph (2), in the third sentence, by striking , and whether the Administrator's determination with respect to the disposition of existing stocks is consistent with this Act.6.Prohibition on the sale or use of existing stocks of suspended or canceled pesticidesSection 6(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d(a)) is amended by striking the subsection designation and heading and all that follows through the period at the end of paragraph (1) and inserting the following:(a)Prohibition on the sale or use of existing stocks; information(1)Existing stocksThe Administrator shall not permit the continued sale or use of existing stocks of a pesticide the registration of which is suspended or canceled under this section or section 3 or 4..7.Ending abuse of emergency exemptionsSection 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136p) is amended—(1)in the first sentence, by striking The Administrator and inserting the following:(a)In generalThe Administrator;(2)in subsection (a) (as so designated), in the second sentence, by striking The Administrator and inserting the following:(b)ConsultationThe Administrator; and(3)by adding at the end the following:(c)Limitations on emergency exemptionsNotwithstanding any other provision of law, the Administrator shall not grant an emergency exemption under subsection (a) for the same active ingredient or pesticide product in the same location for more than 2 years in any 10-year period.(d)Restrictions on unregistered pesticidesThe Administrator shall not grant an emergency exemption under subsection (a) to use an active ingredient or pesticide product that is not registered under section 3 for any use.(e)Restrictions on conditional pesticidesThe Administrator shall not grant an emergency exemption under subsection (a) for any active ingredient or pesticide product that is registered conditionally under section 3(c)(7)(A)..8.Adding transparency for inert ingredients(a)Definition of ingredient statementSection 2(n) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(n)) is amended—(1)by redesignating paragraph (2) as paragraph (4); and(2)by striking paragraph (1) and inserting the following:(1)the name and percentage of each active ingredient in the pesticide product;(2)the name and percentage of each inert ingredient in the pesticide product;(3)if applicable, a statement that the pesticide product contains an inert ingredient determined by a State or Federal agency to be likely—(A)to be carcinogenic;(B)to be an endocrine disruptor;(C)to be highly toxic;(D)to cause harm to pregnant women or fetuses; or(E)to cause neurological or developmental harm; and.(b)Complete list of inert ingredientsSection 3(c)(9) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(9)) is amended by adding at the end the following:(E)Complete list of inert ingredientsNotwithstanding any other provision of law, the label or labeling required under this Act shall provide a complete list of inert ingredients..(c)Conforming amendmentSection 10(d) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136h(d)) is amended—(1)in paragraph (1)—(A)in subparagraph (A), by adding or at the end;(B)in subparagraph (B), by striking or at the end; and(C)by striking subparagraph (C); and(2)in paragraph (3), by striking clause (A), (B), or (C) each place it appears and inserting subparagraph (A) or (B). 9.Cancellation of registration of organophosphatesSection 6 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d) (as amended by section 4) is amended by adding at the end the following:(j)Cancellation of registration of organophosphate pesticides(1)In general(A)CancellationEffective on the date of enactment of this subsection—(i)all pesticides of the class organophosphate shall be deemed to generally cause unreasonable adverse effects to humans; and(ii)notwithstanding any other provision of law, including subsection (b), the registration of all uses of pesticides of the class organophosphate shall be immediately and permanently canceled by operation of law and without further proceedings.(B)Revocation of tolerances and exemptionsNot later than 6 months after the date of enactment of this subsection, the Administrator shall, in accordance with section 408(b)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), revoke any tolerance or exemption that allows the presence of an organophosphate, or any pesticide chemical residue that results from organophosphate use, in or on food.(2)Sale of existing stocks prohibitedIn accordance with subsection (a)(1), effective on the date of enactment of this subsection, the continued sale or use of existing stocks of pesticides of the class organophosphate shall be prohibited.(3)No future organophosphate registrationsEffective on the date of enactment of this subsection, the Administrator may not register any pesticide of the class organophosphate under section 4.(4)Ineligibility for emergency useNotwithstanding any other provision of law, a pesticide canceled under this subsection shall not be eligible for use under section 18..10.Cancellation of registration of neonicotinoidsSection 6 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d) (as amended by section 9) is amended by adding at the end the following:(k)Cancellation of registration of neonicotinoid pesticides(1)In general(A)CancellationEffective on the date of enactment of this subsection—(i)all active ingredients and pesticide products containing 1 or more of the active ingredients imidacloprid, clothianidin, thiamethoxam, dinotefuran, acetamiprid, sulfoxaflor, and flupyradifurone (referred to in this subsection as neonicotinoid pesticides) shall be deemed to generally cause unreasonable adverse effects to the environment; and(ii)notwithstanding any other provision of law, including subsection (b), the registration of all uses of neonicotinoid pesticides shall be immediately and permanently canceled by operation of law and without further proceedings. (B)Revocation of tolerances and exemptionsNot later than 6 months after the date of enactment of this subsection, the Administrator shall, in accordance with section 408(b)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), revoke any tolerance or exemption that allows the presence of a neonicotinoid pesticide, or any pesticide chemical residue that results from neonicotinoid pesticide use, in or on food.(2)Sale of existing stocks prohibitedIn accordance with subsection (a)(1), effective on the date of enactment of this subsection, the continued sale or use of existing stocks of neonicotinoid pesticides shall be prohibited.(3)No future neonicotinoid registrationsEffective on the date of enactment of this subsection, the Administrator may not register any neonicotinoid pesticide under section 4.(4)Ineligibility for emergency useNotwithstanding any other provision of law, a pesticide canceled under this section shall not be eligible for use under section 18..11.Cancellation of registration of paraquatSection 6 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d) (as amended by section 10) is amended by adding at the end the following:(l)Cancellation of registration of paraquat(1)In general(A)CancellationEffective on the date of enactment of this subsection—(i)paraquat shall be deemed to generally cause unreasonable adverse effects to humans; and(ii)notwithstanding any other provision of law, including subsection (b), the registration of all uses of paraquat shall be immediately and permanently canceled by operation of law and without further proceedings. (B)Revocation of tolerances and exemptionsNot later than 6 months after the date of enactment of this subsection, the Administrator shall, in accordance with section 408(b)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), revoke any tolerance or exemption that allows the presence of paraquat, or any pesticide chemical residue that results from paraquat use, in or on food.(2)Sale of existing stocks prohibitedIn accordance with subsection (a)(1), effective on the date of enactment of this subsection, the continued sale or use of existing stocks of paraquat shall be prohibited.(3)No future paraquat registrationsEffective on the date of enactment of this subsection, the Administrator may not register any paraquat pesticide under section 4.(4)Ineligibility for emergency useNotwithstanding any other provision of law, a pesticide canceled under this section shall not be eligible for use under section 18..12.Empowering communities to protect themselves from pesticides(a)In generalSection 24 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136v) is amended—(1)in subsection (a)—(A)by inserting , or any political subdivision of a State, after A State; and(B)by inserting or political subdivision after the State;(2)by striking subsection (b); and(3)by redesignating subsection (c) as subsection (b).(b)Conforming amendmentSection 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(5)) is amended, in the fourth sentence of the undesignated matter following subparagraph (D), by striking 24(c) of this Act and inserting 24(b).13.Protecting farmworkers from dangerous pesticides(a)Language requirements for pesticide productsSection 3(c)(9) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(9)) (as amended by section 8(b)) is amended by adding at the end the following:(F)Language requirements for pesticide products(i)In generalThe label for any pesticide product shall be printed in both English and Spanish.(ii)Other languagesIn a case in which information exists that a pesticide product is used in agriculture by more than 500 individual persons or applicators who speak the same language other than English or Spanish, the Administrator shall provide a translation of that label in the language used by those individuals on the website of the Environmental Protection Agency.(iii)Educational informationThe Administrator shall provide educational information to ensure that all users of a pesticide product are aware that information is available in alternate languages..(b)Farmworker safetyThe Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) is amended by adding at the end the following:36.Farmworker safety(a)DefinitionsIn this section:(1)FarmworkerThe term farmworker means an individual of any age that is employed in agriculture, including as a pesticide user or applicator, for any length of time, including migrant and seasonal employees, regardless of classification as a full-time, part-time, or contract employee.(2)Farmworker incidentThe term farmworker incident means exposure of a farmworker to an active ingredient, a pesticide product, a tank mixture of multiple pesticides, a metabolite, or a degradate that results in—(A)an illness or injury—(i)requiring medical attention or hospitalization of the farmworker; or (ii)that requires the farmworker to stop working temporarily or permanently;(B)a permanent disability or loss in function of the farmworker; or(C)death of the farmworker.(b)Mandatory duty To report(1)In generalWhenever a farmworker incident occurs, the employer of each affected farmworker shall report the incident to the Administrator.(2)Online system(A)In generalNot later than 60 days after the date of enactment of this section, the Administrator shall implement and deploy an online system to facilitate the reporting of farmworker incidents.(B)RequirementsThe online system under subparagraph (A) shall include, at a minimum, a description of, with respect to each farmworker incident—(i)the time and location; (ii)the name of each active ingredient and pesticide product involved;(iii)whether such a pesticide was applied in accordance with the label instructions;(iv)the harm that resulted to any affected farmworker; (v)the nature of any medical care that was sought by any affected farmworker; and (vi)any other pertinent information.(C)Anonymous reportingThe Administrator shall ensure that the online system under subparagraph (A) allows for anonymous reporting to protect farmworkers from retaliation.(c)Penalties for failure To report(1)Civil penaltiesAn employer described in subsection (b)(1) that fails to report a farmworker incident shall be fined $1,000 per day beginning on the 8th day after the farmworker incident occurs.(2)Criminal penaltiesAn employer described in subsection (b)(1) that knowingly fails to report a farmworker incident, or that otherwise pressures or coerces a farmworker to not report a farmworker incident, shall be liable for a criminal penalty of up to $100,000, 6 months in prison, or both.(3)RewardsThe Administrator shall implement a reward system that a provides monetary award of not less than $25,000 per person per farmworker incident that leads to the identification of 1 or more employers that have failed to report a farmworker incident.(4)Retaliation(A)In generalAny person that takes punitive action against a farmworker or a person that reports a farmworker incident shall be liable for a criminal penalty of not more than $100,000, 6 months in prison, or both.(B)Immigration statusNo Federal agency shall take any action regarding the immigration legal status within the United States of a farmworker, including initiating removal proceedings or any other prosecution of the farmworker, based solely on any information derived from the reporting or investigation of a farmworker incident.(d)Preventing future harm to farmworkers(1)In generalNot later than 15 days after the receipt of a report of a farmworker incident, the Administrator shall transmit a report prepared by the Administrator of the farmworker incident to—(A)the manufacturer of each involved pesticide product; and (B)the manufacturer of each involved active ingredient or ingredients.(2)SuspensionNotwithstanding any other provision of law, if a farmworker incident results in the death of a farmworker, the pesticide product or active ingredient that caused the death shall be immediately suspended, pending the review required by this section.(3)Assessments(A)Pesticide product manufacturerNot later than 60 days after the receipt of a report of a farmworker incident, the manufacturer of the pesticide product shall provide to the Administrator an assessment of the farmworker incident, including whether any changes to the label of the pesticide product or active ingredient are warranted at the time of the assessment to avoid future farmworker incidents.(B)Assessment by active ingredient manufacturerNot later than 60 days after the receipt of a report of a farmworker incident, the manufacturer of each involved pesticide active ingredient shall provide to the Administrator an assessment of the farmworker incident, including whether any changes to the pesticide product or active ingredient are warranted at the time of the assessment to avoid future farmworker incidents.(4)Determinations by Administrator(A)Draft determination(i)In generalNot later than the earlier of 90 days after the receipt of an assessment required by paragraph (3) and 180 days after the occurrence of the farmworker incident, the Administrator shall make a draft determination as to whether a change in the label of an involved pesticide product or active ingredient is warranted. (ii)PublicationThe Administrator shall publish a determination under clause (i) in the Federal Register for a period of 30 days for public notice and comment.(B)Final determinationNot later than 30 days after the close of the public comment described in subparagraph (A)(ii), the Administrator shall—(i)make a final determination as to whether the label of the pesticide product should be changed; and (ii)publish that final determination in the Federal Register.(5)Cancellations(A)failure to change labelNotwithstanding any other provision of law, including section 6(b), if the manufacturer of a pesticide product or active ingredient does not change the label of the applicable product in accordance with a final determination of the Administrator under paragraph (4)(B), the pesticide product or active ingredient shall be immediately and permanently canceled by operation of law and without further proceedings.(B)Cancellation for failure to complyNotwithstanding any other provision of law, including section 6(b), if the manufacturer of the pesticide product or active ingredient fails to comply with any applicable provision of this section, the active ingredient and all pesticide products containing the active ingredient shall be immediately and permanently canceled by operation of law and without further proceedings.(e)Accounting for farmworker incidents during registration review(1)In generalNotwithstanding any other provision of law, if a pesticide product or active ingredient is responsible for not fewer than 10 farmworker incidents of any type, or not fewer than 3 farmworker incidents resulting in death, and the pesticide product or active ingredient has not received a final determination regarding a registration review during the preceding 15-year period, the Administrator shall immediately suspend the pesticide product or active ingredient until a final determination is made regarding the registration review of the pesticide.(2)ReportsThe Administrator shall—(A)include in a final determination regarding the registration review of a pesticide the registration of which is suspended under paragraph (1) a full and complete report describing each farmworker incident that has occurred during the period covered by the report; and(B)(i)require label changes to prevent farmworker incidents from occurring in the future; or(ii)explain why no label changes under clause (i) are warranted.(f)Citizen suits(1)In generalAny person may bring a civil action against the Administrator where there is an alleged failure of the Administrator to comply with any provision of this section. (2)ReviewabilityAn action under subparagraph (A) shall be reviewable in the district courts of the United States pursuant to section 16(a)..


		II
		112th CONGRESS
		1st Session
		S. 856
		IN THE SENATE OF THE UNITED STATES

			April 14, 2011
			Mr. Durbin introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend title XI of the Social Security Act to make
		  available to the public aggregate data on providers of services and suppliers
		  under the Medicare program and to allow qualified individuals and groups access
		  to claims and payment data under the Medicare program for purposes of
		  conducting health research and detecting fraud.

		1.Short
			 titleThis Act may be cited as
			 the Medicare Spending Transparency Act
			 of 2011.
		2.Public
			 availability of aggregate data on Medicare providers of services and
			 suppliers
			(a)PurposeThe
			 purpose of this section is to make aggregate information about providers of
			 services and suppliers under the Medicare program under title XVIII of the
			 Social Security Act (42 U.S.C. 1395 et seq.) publicly available and to provide
			 a new level of transparency in such program.
			(b)Public
			 availabilitySection 1128J of
			 the Social Security Act (42 U.S.C. 1320a–7k) is amended by adding at the end
			 the following new subsection:

					(f)Public
				availability of certain medicare data
						(1)In
				generalThe Secretary shall, to the extent consistent with
				applicable information, privacy, security, and disclosure laws, including the
				regulations promulgated under the Health Insurance Portability and
				Accountability Act of 1996 and section 552a of title 5, United States Code,
				make available to the public on the Internet website of the Centers for
				Medicare & Medicaid Services the following data with respect to title
				XVIII:
							(A)A complete list
				of the providers of services and suppliers participating in the program under
				such title, including the business address of such providers of services and
				suppliers.
							(B)Aggregate
				information about each such provider of services and supplier,
				including—
								(i)the total number
				of individuals furnished items or services by the provider of services or
				supplier for which payment was made under such title during the preceding
				year;
								(ii)the number of
				unique patient encounters conducted by the provider of services or supplier for
				which payment was made under such title during the preceding year;
								(iii)the average
				number of codes billed under such title by the provider of services of supplier
				per patient encounter during the preceding year;
								(iv)the total amount
				paid to such provider of services or supplier under such title during the
				preceding year;
								(v)the top 50
				billing codes on claims paid under such title to the provider of services or
				supplier during the preceding year, as determined by volume, including a
				description of such codes;
								(vi)the top 50
				billing codes on such claims paid during such year, as determined by dollar
				amount, including a description of such codes; and
								(vii)the top 50
				diagnosis and procedure code pairs on such claims paid during such year, as
				determined by volume, including a description of such codes.
								(2)ImplementationNot
				later than 1 year after the date of enactment of the
				Medicare Spending Transparency Act of
				2011, the Secretary shall promulgate regulations to carry out
				this
				subsection.
						.
			3.Access to
			 Medicare claims and payment data by qualified individuals and groups
			(a)PurposeThe
			 purpose of this section is to allow qualified individuals and groups access to
			 information on claims and payment data under the Medicare program for purposes
			 of conducting health research and detecting fraud under such program.
			(b)Access to
			 medicare claims and payment data by qualified individuals and
			 groupsSection 1128J of the Social Security Act (42 U.S.C.
			 1320a–7k), as amended by section 2, is amended by adding at the end the
			 following new subsection:

					(g)Access to
				Medicare claims and payment data by qualified individuals and groups
						(1)In
				generalFor purposes of conducting health research and detecting
				fraud under title XVIII, and to the extent consistent with applicable
				information, privacy, security, and disclosure laws, including the regulations
				promulgated under the Health Insurance Portability and Accountability Act of
				1996 and section 552a of title 5, United States Code, and subject to any
				information systems security requirements under such laws or otherwise required
				by the Secretary, a qualified individual or group shall have access to claims
				and payment data of the Department of Health and Human Services and its
				contractors related to title XVIII. Notwithstanding any other provision of law,
				such data shall include the identity of individual providers of services and
				suppliers under such title.
						(2)Definition of
				qualified individual or group
							(A)In
				generalIn this subsection, the term qualified individual
				or group means an individual or entity that the Secretary has
				determined, in accordance with subparagraph (B), has relevant experience,
				knowledge, and technical expertise in medicine, statistics, health care
				billing, practice patterns, health care fraud detection, and analysis to use
				data provided to the individual or the entity under this subsection in an
				appropriate, responsible, and ethical manner and for the purposes described in
				paragraph (1).
							(B)ProceduresThe
				Secretary shall establish procedures for determining, in a timely manner,
				whether an individual or entity is a qualified individual or group.
							(3)ProceduresThe
				Secretary shall establish procedures for the storage and use of data provided
				to a qualified individual or group under this subsection. Such procedures shall
				ensure that, in the case where the qualified individual or group publishes an
				analysis of such data (or any analysis using such data), the qualified
				individual or group discloses the following information (in a form and manner,
				and at a time, specified by the Secretary):
							(A)The name of the
				qualified individual or group.
							(B)The sources of
				any funding for the qualified individual or group.
							(C)Any employer or
				other relevant affiliations of the qualified individual or group.
							(D)The data analysis
				methods used by the qualified individual or group in the analysis
				involved.
							.