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House Report 103-533.txt

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+'congressional bills 103th congress from the u.s. government printing office h.r. 4506 reported in house rh union calendar no. 294',
+'103d congress 2d session h. r. 4506 report no. 103 533 a bill making appropriations for energy and water development',
+'for the fiscal year ending september 30, 1995, and for other purposes. may 26, 1994 committed to the committee of',
+'the whole house on the state of the union and ordered to be printed union calendar no. 294 103d congress',
+'2d session h. r. 4506 report no. 103 533 making appropriations for energy and water development for the fiscal year',
+'ending september 30, 1995, and for other purposes. in the house of representatives may 26, 1994 mr. bevill, from the',
+'committee on appropriations, reported the following bill; which was committed to the committee of the whole house on the state',
+'of the union and ordered to be printed a bill making appropriations for energy and water development for the fiscal',
+'year ending september 30, 1995, and for other purposes. be it enacted by the senate and house of representatives of',
+'the united states of america in congress assembled, that the following sums are appropriated, out of any money in the',
+'treasury not otherwise appropriated, for the fiscal year ending september 30, 1995, for energy and water development, and for other',
+'purposes, namely: title i department of defense civil department of the army corps of engineers civil the following appropriations shall',
+'be expended under the direction of the secretary of the army and the supervision of the chief of engineers for',
+'authorized civil functions of the department of the army pertaining to rivers and harbors, flood control, beach erosion, and related',
+'purposes. general investigations for expenses necessary for the collection and study of basic information pertaining to river and harbor, flood',
+'control, shore protection, and related projects, restudy of authorized projects, miscellaneous investigations, and, when authorized by laws, surveys and detailed',
+'studies and plans and specifications of projects prior to construction, $179,062,000, to remain available until expended, of which funds are',
+'provided for the following projects in the amounts specified: los angeles county water conservation and supply, california, $700,000; norco bluffs,',
+'california, $400,000; indianapolis, white river, central waterfront, indiana, $4,000,000; ohio river greenway, indiana, $900,000; lake george, hobart, indiana, $260,000; little',
+'calumet river basin cady marsh ditch , indiana, $150,000; kentucky lock and dam, kentucky, $2,000,000; hazard, kentucky, $500,000; mussers dam,',
+'pennsylvania, $200,000; hartsville, trousdale county, tennessee, $95,000; west virginia comprehensive, west virginia, $350,000; and west virginia port development, west virginia,',
+'$800,000. construction, general for the prosecution of river and harbor, flood control, shore protection, and related projects authorized by laws;',
+'and detailed studies, and plans and specifications, of projects including those for development with participation or under consideration for participation',
+'by states, local governments, or private groups authorized or made eligible for selection by law but such studies shall not',
+'constitute a commitment of the government to construction , $1,023,595,000, to remain available until expended, of which such sums as',
+'are necessary pursuant to public law 99 662 shall be derived from the inland waterways trust fund, for one half',
+'of the costs of construction and rehabilitation of inland waterways projects, including rehabilitation costs for the lock and dam 25,',
+'mississippi river, illinois and missouri, and giww brazos river floodgates, texas, projects, and of which funds are provided for the',
+'following projects in the amounts specified: red river emergency bank protection, arkansas and louisiana, $6,000,000; red river below denison dam',
+'levee and bank stabilization, arkansas and louisiana, $1,500,000; west sacramento, california, $500,000; sacramento river flood control project glenn colusa irrigation',
+'district , california, $400,000; sacramento river flood control project deficiency correction , california, $3,700,000; san timoteo creek santa ana river',
+'mainstem , california, $5,000,000; central and southern florida, florida, $11,315,000; kissimmee river, florida, $9,000,000; casino beach, illinois, $1,000,000; des moines',
+'recreational river and greenbelt, iowa, $4,000,000; harlan levisa and tug forks of the big sandy river and upper cumberland river',
+', kentucky, $20,000,000; middlesborough levisa and tug forks of the big sandy river and upper cumberland river , kentucky, $1,200,000;',
+'williamsburg levisa and tug forks of the big sandy river and upper cumberland river , kentucky, $3,000,000; pike county levisa',
+'and tug forks of the big sandy river and upper cumberland river , kentucky, $5,000,000; lake pontchartrain and vicinity jefferson',
+'parish , louisiana, $800,000; lake pontchartrain and vicinity hurricane protection , louisiana, $12,500,000; ste. genevieve, missouri, $3,000,000; hackensack meadowlands area,',
+'new jersey, $2,500,000; ramapo river at oakland, new jersey, $600,000; salem river, new jersey, $1,000,000; carolina beach and vicinity, north',
+'carolina, $2,800,000; fort fisher and vicinity, north carolina, $900,000; broad top region, pennsylvania, $1,000,000; lackawanna river, olyphant, pennsylvania, $1,100,000; lackawanna',
+'river, scranton, pennsylvania, $1,000,000; south central pennsylvania environmental restoration infrastructure and resource protection development pilot program, pennsylvania, $7,000,000; wallisville, lake,',
+'texas, $1,000,000; richmond filtration plant, virginia, $2,000,000; and southern west virginia environmental restoration infrastructure and resource protection development pilot program,',
+'west virginia, $1,500,000: provided, that of the offsetting collections credited to this account, $71,000 are permanently canceled. flood control, mississippi',
+'river and tributaries, arkansas, illinois, kentucky, louisiana, mississippi, missouri, and tennessee for expenses necessary for prosecuting work of flood control,',
+'and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law',
+'33 u.s.c. 702a, 702g 1 , $334,138,000, to remain available until expended, of which $3,000,000 is provided for the eastern',
+'arkansas region, arkansas, project. operation and maintenance, general for expenses necessary for the preservation, operation, maintenance, and care of existing',
+'river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor',
+'channels provided by a state, municipality or other public agency, outside of harbor lines, and serving essential needs of general',
+'commerce and navigation; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; and removal',
+'of obstructions to navigation, $1,646,535,000, to remain available until expended, of which such sums as become available in the harbor',
+'maintenance trust fund, pursuant to public law 99 662, may be derived from that fund, and of which $37,000,000 shall',
+'be for construction, operation, and maintenance of outdoor recreation facilities, to be derived from the special account established by the',
+'land and water conservation act of 1965, as amended 16 u.s.c. 460l , and of which funds are provided for',
+'the following projects in the amounts specified: tucson diversion channel, arizona, $2,500,000; jeffersonville clarksville, indiana, $750,000; mcalpine lock and dam',
+'ohio river locks and dams , kentucky, $1,000,000; and raystown lake, pennsylvania, $5,330,000: provided, that not to exceed $7,000,000 shall',
+'be available for obligation for national emergency preparedness programs: provided further, that of the offsetting collections credited to this account,',
+'$1,000 are permanently canceled. regulatory program for expenses necessary for administration of laws pertaining to regulation of navigable waters and',
+'wetlands, $101,000,000, to remain available until expended. flood control and coastal emergencies for expenses necessary for emergency flood control, hurricane,',
+'and shore protection activities, as authorized by section 5 of the flood control act approved august 18, 1941, as amended,',
+'$14,979,000, to remain available until expended: provided, that of the offsetting collections credited to this account, $5,000 are permanently canceled.',
+'oil spill research for expenses necessary to carry out the purposes of the oil spill liability trust fund, pursuant to',
+'title vii of the oil pollution act of 1990, $625,000, to be derived from the fund and to remain available',
+'until expended. general expenses for expenses necessary for general administration and related functions in the office of the chief of',
+'engineers and offices of the division engineers; activities of the coastal engineering research board, the humphreys engineer center support activity,',
+'and the water resources support center, $152,500,000: provided, that not to exceed $56,480,000 of the funds provided in this act',
+'shall be available for general administration and related functions in the office of the chief of engineers: provided further, that',
+'no part of any other appropriation provided in title i of this act shall be available to fund the activities',
+'of the office of the chief of engineers or the division offices. permanent appropriations amounts otherwise available for obligation in',
+'fiscal year 1995 are reduced by $4,000. rivers and harbors contributed funds amounts otherwise available for obligation in fiscal year',
+'1995 are reduced by $16,000. administrative provisions during the current fiscal year the revolving fund, corps of engineers, shall be',
+'available for purchase not to exceed 100 for replacement only and hire of passenger motor vehicles. title ii department of',
+'the interior central utah project central utah project completion account for the purpose of carrying out provisions of the central',
+'utah project completion act, public law 102 575 106 stat. 4605 , $38,972,000, to remain available until expended, of which',
+'$22,839,000 shall be to carry out the activities authorized under title ii of the act and for feasibility studies of',
+'alternatives to the uintah and upalco units, and of which $16,133,000 shall be deposited into the utah reclamation mitigation and',
+'conservation account: provided, that of the amounts deposited into the account, $5,000,000 shall be considered the federal contribution authorized by',
+'paragraph 402 b 2 of the act and $11,133,000 shall be available to the utah reclamation mitigation and conservation commission',
+'to carry out the activities authorized under title iii of the act. in addition, for necessary expenses incurred in carrying',
+'out responsibilities of the secretary of the interior under the act, $1,191,000, to remain available until expended. bureau of reclamation',
+'for carrying out the functions of the bureau of reclamation as provided in the federal reclamation laws act of june',
+'17, 1902, 32 stat. 388, and acts amendatory thereof or supplementary thereto and other acts applicable to that bureau as',
+'follows: general investigations for engineering and economic investigations of proposed federal reclamation projects and studies of water conservation and development',
+'plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects, to remain available',
+'until expended, $14,190,000: provided, that, of the total appropriated, the amount for program activities which can be financed by the',
+'reclamation fund shall be derived from that fund: provided further, that funds contributed by non federal entities for purposes similar',
+'to this appropriation shall be available for expenditure for the purposes for which contributed as though specifically appropriated for said',
+'purposes, and such amounts shall remain available until expended. construction program including transfer of funds for construction and rehabilitation of',
+'projects and parts thereof including power transmission facilities for bureau of reclamation use and for other related activities as authorized',
+'by law, to remain available until expended, $432,727,000 of which $23,272,000 shall be available for transfer to the upper colorado',
+'river basin fund authorized by section 5 of the act of april 11, 1956 43 u.s.c. 620d , and $153,793,000',
+'shall be available for transfer to the lower colorado river basin development fund authorized by section 403 of the act',
+'of september 30, 1968 43 u.s.c. 1543 , and such amounts as may be necessary shall be considered as though',
+'advanced to the colorado river dam fund for the boulder canyon project as authorized by the act of december 21,',
+'1928, as amended: provided, that of the total appropriated, the amount for program activities which can be financed by the',
+'reclamation fund shall be derived from that fund: provided further, that transfers to the upper colorado river basin fund and',
+'lower colorado river basin development fund may be increased or decreased by transfers within the overall appropriation under this heading:',
+'provided further, that funds contributed by non federal entities for purposes similar to this appropriation shall be available for expenditure',
+'for the purposes for which contributed as though specifically appropriated for said purposes, and such funds shall remain available until',
+'expended: provided further, that no part of the funds herein approved shall be available for construction or operation of facilities',
+'to prevent waters of lake powell from entering any national monument: provided further, that all costs of the safety of',
+'dams modification work at coolidge dam, san carlos irrigation project, arizona, performed under the authority of the reclamation safety of',
+'dams act of 1978 43 u.s.c. 506 , as amended, are in addition to the amount authorized in section 5',
+'of said act. operation and maintenance for operation and maintenance of reclamation projects or parts thereof and other facilities, as',
+'authorized by law; and for a soil and moisture conservation program on lands under the jurisdiction of the bureau of',
+'reclamation, pursuant to law, to remain available until expended, $286,521,000: provided, that of the total appropriated, the amount for program',
+'activities which can be financed by the reclamation fund shall be derived from that fund, and the amount for program',
+'activities which can be derived from the special fee account established pursuant to the act of december 22, 1987 16',
+'u.s.c. 460l 6a, as amended , may be derived from that fund: provided further, that of the total appropriated, such',
+'amounts as may be required for replacement work on the boulder canyon project which would require readvances to the colorado',
+'river dam fund shall be readvanced to the colorado river dam fund pursuant to section 5 of the boulder canyon',
+'project adjustment act of july 19, 1940 43 u.s.c. 618d , and such readvances since october 1, 1984, and in',
+'the future shall bear interest at the rate determined pursuant to section 104 a 5 of public law 98 381:',
+'provided further, that funds advanced by water users for operation and maintenance of reclamation projects or parts thereof shall be',
+'deposited to the credit of this appropriation and may be expended for the same purpose and in the same manner',
+'as sums appropriated herein may be expended, and such advances shall remain available until expended: provided further, that revenues in',
+'the upper colorado river basin fund shall be available for performing examination of existing structures on participating projects of the',
+'colorado river storage project. bureau of reclamation loans program account for the cost of direct loans and/or grants, $9,000,000, to',
+'remain available until expended, as authorized by the small reclamation projects act of august 6, 1956, as amended 43 u.s.c.',
+'422a 422l : provided, that such costs, including the cost of modifying such loans, shall be as defined in section',
+'502 of the congressional budget act of 1974: provided further, that these funds are available to subsidize gross obligations for',
+'the principal amount of direct loans not to exceed $23,000,000. in addition, for administrative expenses necessary to carry out the',
+'program for direct loans and/or grants, $600,000: provided, that of the total sums appropriated, the amount of program activities which',
+'can be financed by the reclamation fund shall be derived from the fund. central valley project restoration fund for carrying',
+'out the programs, projects, plans, and habitat restoration, improvement, and acquisition provisions of the central valley project improvement act, to',
+'remain available until expended, such sums as may be assessed and collected in the central valley project restoration fund pursuant',
+'to sections 3407 d , 3404 c 3 , 3405 f and 3406 c 1 of public law 102 575:',
+'provided, that the bureau of reclamation is directed to levy additional mitigation and restoration payments totaling $37,232,000 october 1992 price',
+'levels , as authorized by section 3407 d of public law 102 575. general administrative expenses for necessary expenses of',
+'general administration and related functions in the office of the commissioner, the denver office, and offices in the five regions',
+'of the bureau of reclamation, $54,034,000, of which $1,400,000 shall remain available until expended, the total amount to be derived',
+'from the reclamation fund and to be nonreimbursable pursuant to the act of april 19, 1945 43 u.s.c. 377 :',
+'provided, that no part of any other appropriation in this act shall be available for activities or functions budgeted for',
+'the current fiscal year as general administrative expenses. emergency fund for an additional amount for the emergency fund, as authorized',
+'by the act of june 26, 1948 43 u.s.c. 502 , as amended, to remain available until expended for the',
+'purposes specified in said act, $1,000,000, to be derived from the reclamation fund. special funds transfer of funds sums herein',
+'referred to as being derived from the reclamation fund or special fee account are appropriated from the special funds in',
+'the treasury created by the act of june 17, 1902 43 u.s.c. 391 or the act of december 22, 1987',
+'16 u.s.c. 460l 6a, as amended , respectively. such sums shall be transferred, upon request of the secretary, to be',
+'merged with and expended under the heads herein specified; and the unexpended balances of sums transferred for expenditure under the',
+'head general administrative expenses shall revert and be credited to the reclamation fund. working capital fund of the offsetting collections',
+'credited to this account, $863,000 are permanently canceled due to reduced gsa rental charges and $1,848,000 are permanently canceled due',
+'to efficiencies in the procurement process. administrative provisions appropriations for the bureau of reclamation shall be available for purchase of',
+'not to exceed 9 passenger motor vehicles for replacement only. title iii department of energy energy supply, research and development',
+'activities for expenses of the department of energy activities including the purchase, construction and acquisition of plant and capital equipment',
+'and other expenses incidental thereto necessary for energy supply, research and development activities, and other activities in carrying out the',
+'purposes of the department of energy organization act 42 u.s.c. 7101, et seq. , including the acquisition or condemnation of',
+'any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of passenger motor vehicles',
+'not to exceed 25, of which 19 are for replacement only , $3,302,170,000, to remain available until expended. uranium supply',
+'and enrichment activities for expenses of the department of energy in connection with operating expenses; the purchase, construction, and acquisition',
+'of plant and capital equipment and other expenses incidental thereto necessary for residual uranium supply and enrichment activities in carrying',
+'out the purposes of the department of energy organization act 42 u.s.c. 7101, et seq. and the energy policy act',
+'public law 102 486, section 901 , including the acquisition or condemnation of any real property or any facility or',
+'for plant or facility acquisition, construction, or expansion; purchase of electricity as necessary; purchase of passenger motor vehicles not to',
+'exceed 11 for replacement only , $73,210,000, to remain available until expended: provided, that revenues received by the department for',
+'residual uranium enrichment activities and estimated to total $9,900,000 in fiscal year 1995, shall be retained and used for the',
+'specific purpose of offsetting costs incurred by the department for such activities notwithstanding the provisions of section 3302 b of',
+'title 31, united states code: provided further, that the sum herein appropriated shall be reduced as revenues are received during',
+'fiscal year 1995 so as to result in a final fiscal year 1995 appropriation estimated at not more than $63,310,000.',
+'uranium enrichment decontamination and decommissioning fund for necessary expenses in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions',
+'and other activities of title ii of the atomic energy act of 1954 and title x, subtitle a of the',
+'energy policy act of 1992, $301,327,000 to be derived from the fund, to remain available until expended. general science and',
+'research activities for expenses of the department of energy activities including the purchase, construction and acquisition of plant and capital',
+'equipment and other expenses incidental thereto necessary for general science and research activities in carrying out the purposes of the',
+'department of energy organization act 42 u.s.c. 7101, et seq. , including the acquisition or condemnation of any real property',
+'or facility or for plant or facility acquisition, construction, or expansion; purchase of passenger motor vehicles not to exceed 12',
+'for replacement only , $989,031,000, to remain available until expended: provided, that none of the funds made available under this',
+'section for department of energy facilities may be obligated or expended for food, beverages, receptions, parties, country club fees, plants',
+'or flowers pursuant to any cost reimbursable contract. nuclear waste disposal fund for the nuclear waste disposal activities to carry',
+'out the purposes of public law 97 425, as amended, including the acquisition of real property or facility construction or',
+'expansion, $304,800,000, to remain available until expended, to be derived from the nuclear waste fund. to the extent that balances',
+'in the fund are not sufficient to cover amounts available for obligation in the account, the secretary shall exercise her',
+'authority pursuant to section 302 e 5 of said act to issue obligations to the secretary of the treasury: provided,',
+'that of the amount herein appropriated, within available funds, not to exceed $6,000,000 may be provided to the state of',
+'nevada, for the sole purpose of conduct of its scientific oversight responsibilities pursuant to the nuclear waste policy act of',
+'1982, public law 97 425, as amended: provided further, that of the amount herein appropriated, not more than $8,500,000 may',
+'be provided to affected local governments, as defined in the act, to conduct appropriate activities pursuant to the act: provided',
+'further, that within ninety days of the completion of each federal fiscal year, each state or local entity shall provide',
+'certification to the department of energy, that all funds expended from such payments have been expended for activities as defined',
+'in public law 97 425, as amended. failure to provide such certification shall cause such entity to be prohibited from',
+'any further funding provided for similar activities: provided further, that none of the funds herein appropriated may be used directly',
+'or indirectly to influence legislative action on any matter pending before congress or a state legislature or for any lobbying',
+'activity as provided in section 1913 of title 18, united states code: provided further, that none of the funds herein',
+'appropriated may be used for litigation expenses: provided further, that none of the funds herein appropriated may be used to',
+'support multistate efforts or other coalition building activities inconsistent with the restrictions contained in this act. isotope production and distribution',
+'program fund for department of energy expenses for isotope production and distribution activities, $11,600,000, to remain available until expended. atomic',
+'energy defense activities weapons activities for department of energy expenses, including the purchase, construction and acquisition of plant and capital',
+'equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the department',
+'of energy organization act 42 u.s.c. 7101, et seq. , including the acquisition or condemnation of any real property or',
+'any facility or for plant or facility acquisition, construction, or expansion; and the purchase of passenger motor vehicles not to',
+'exceed 104, of which 103 are for replacement only, including 22 police type vehicles , $3,164,369,000 to remain available until',
+'expended, of which $20,765,000 shall be available only for program activities at the university of rochester, rochester, new york; and',
+'$8,750,000 shall be available only for program activities at the naval research laboratory, washington, district of columbia. defense environmental restoration',
+'and waste management for department of energy expenses, including the purchase, construction and acquisition of plant and capital equipment and',
+'other incidental expenses necessary for atomic energy defense environmental restoration and waste management activities in carrying out the purposes of',
+'the department of energy organization act 42 u.s.c. 7101, et seq. , including the acquisition or condemnation of any real',
+'property or any facility or for plant or facility acquisition, construction, or expansion; and the purchase of passenger motor vehicles',
+'not to exceed 87 of which 67 are for replacement only including 6 police type vehicles , $5,128,211,000, to remain',
+'available until expended: provided, that funds previously made available under this head in the energy and water development appropriations act,',
+'1992, to assist the state of new mexico and affected local governments in mitigating the impacts of the waste isolation',
+'pilot plant are available for any authorized purposes under this head. materials support and other defense programs for department of',
+'energy expenses, including the purchase, construction and acquisition of plant and capital equipment and other incidental expenses necessary for atomic',
+'energy defense materials support, and other defense activities in carrying out the purposes of the department of energy organization act',
+'42 u.s.c. 7101, et seq. , including the acquisition or condemnation of any real property or any facility or for',
+'plant or facility acquisition, construction, or expansion, $1,879,204,000, to remain available until expended. defense nuclear waste disposal for nuclear waste',
+'disposal activities to carry out the purposes of public law 97 425, as amended, including the acquisition of real property',
+'or facility construction or expansion, $129,430,000, to remain available until expended, all of which shall be used in accordance with',
+'the terms and conditions of the nuclear waste fund appropriation of the department of energy contained in this title. departmental',
+'administration for salaries and expenses of the department of energy necessary for departmental administration and other activities in carrying out',
+'the purposes of the department of energy organization act 42 u.s.c. 7101, et seq. , including the hire of passenger',
+'motor vehicles and official reception and representation expenses not to exceed $35,000 , $407,312,000, to remain available until expended, plus',
+'such additional amounts as necessary to cover increases in the estimated amount of cost of work for others notwithstanding the',
+'provisions of the anti deficiency act 31 u.s.c. 1511, et seq. : provided, that such increases in cost of work',
+'are offset by revenue increases of the same or greater amount, to remain available until expended: provided further, that moneys',
+'received by the department for miscellaneous revenues estimated to total $161,490,000 in fiscal year 1995 may be retained and used',
+'for operating expenses within this account, and may remain available until expended, as authorized by section 201 of public law',
+'95 238, notwithstanding the provisions of section 3302 of title 31, united states code: provided further, that the sum herein',
+'appropriated shall be reduced by the amount of miscellaneous revenues received during fiscal year 1995 so as to result in',
+'a final fiscal year 1995 appropriation estimated at not more than $245,822,000. office of the inspector general for necessary expenses',
+'of the office of the inspector general in carrying out the provisions of the inspector general act of 1978, as',
+'amended, $26,465,000, to remain available until expended. power marketing administrations operation and maintenance, alaska power administration for necessary expenses of',
+'operation and maintenance of projects in alaska and of marketing electric power and energy, $6,494,000, to remain available until expended.',
+'bonneville power administration fund expenditures from the bonneville power administration fund, established pursuant to public law 93 454, are approved',
+'for the purchase, operation and maintenance of two rotary wing aircraft for replacement only, and for official reception and representation',
+'expenses in an amount not to exceed $3,000. during fiscal year 1995, no new direct loan obligations may be made.',
+'amounts otherwise available for obligation in fiscal year 1995 are reduced by $485,000. operation and maintenance, southeastern power administration for',
+'necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the',
+'provisions of section 5 of the flood control act of 1944 16 u.s.c. 825s , as applied to the southeastern',
+'power area, $22,431,000, to remain available until expended. operation and maintenance, southwestern power administration for necessary expenses of operation and',
+'maintenance of power transmission facilities and of marketing electric power and energy, and for construction and acquisition of transmission lines,',
+'substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed',
+'$1,500 connected therewith, in carrying out the provisions of section 5 of the flood control act of 1944 16 u.s.c.',
+'825s , as applied to the southwestern power area, $21,316,000, to remain available until expended; in addition, notwithstanding the provisions',
+'of 31 u.s.c. 3302, not to exceed $3,935,000 in reimbursements, to remain available until expended. construction, rehabilitation, operation and maintenance,',
+'western area power administration including transfer of funds for carrying out the functions authorized by title iii, section 302 a',
+'1 e of the act of august 4, 1977 42 u.s.c. 7101, et seq. , and other related activities including',
+'conservation and renewable resources programs as authorized, including official reception and representation expenses in an amount not to exceed $1,500,',
+'$224,085,000, to remain available until expended, of which $202,512,000 shall be derived from the department of the interior reclamation fund:',
+'provided, that of the amount herein appropriated, within available funds, $5,135,000 is for deposit into the utah reclamation mitigation and',
+'conservation account pursuant to title iv of the reclamation projects authorization and adjustment act of 1992: provided further, that the',
+'secretary of the treasury is authorized to transfer from the colorado river dam fund to the western area power administration',
+'$7,472,000, to carry out the power marketing and transmission activities of the boulder canyon project as provided in section 104',
+'a 4 of the hoover power plant act of 1984, to remain available until expended. federal energy regulatory commission salaries',
+'and expenses for necessary expenses of the federal energy regulatory commission to carry out the provisions of the department of',
+'energy organization act 42 u.s.c. 7101, et seq. , including services as authorized by 5 u.s.c. 3109, including the hire',
+'of passenger motor vehicles; official reception and representation expenses not to exceed $3,000 ; $166,173,000, to remain available until expended:',
+'provided, that notwithstanding any other provision of law, not to exceed $166,173,000 of revenues from fees and annual charges, and',
+'other services and collections in fiscal year 1995, shall be retained and used for necessary expenses in this account, and',
+'shall remain available until expended: provided further, that the sum herein appropriated shall be reduced as revenues are received during',
+'fiscal year 1995, so as to result in a final fiscal year 1995 appropriation estimated at not more than $0.',
+'title iv independent agencies appalachian regional commission for expenses necessary to carry out the programs authorized by the appalachian regional',
+'development act of 1965, as amended, notwithstanding section 405 of said act, and for necessary expenses for the federal co',
+'chairman and the alternate on the appalachian regional commission and for payment of the federal share of the administrative expenses',
+'of the commission, including services as authorized by section 3109 of title 5, united states code, and hire of passenger',
+'motor vehicles, to remain available until expended, $187,000,000. defense nuclear facilities safety board salaries and expenses for necessary expenses of',
+'the defense nuclear facilities safety board in carrying out activities authorized by the atomic energy act of 1954, as amended',
+'by public law 100 456, section 1441, $17,933,000, to remain available until expended. delaware river basin commission salaries and expenses',
+'for expenses necessary to carry out the functions of the united states member of the delaware river basin commission, as',
+'authorized by law 75 stat. 716 , $343,000. contribution to delaware river basin commission for payment of the united states',
+'share of the current expenses of the delaware river basin commission, as authorized by law 75 stat. 706, 707 ,',
+'$478,000. interstate commission on the potomac river basin contribution to interstate commission on the potomac river basin to enable the',
+'secretary of the treasury to pay in advance to the interstate commission on the potomac river basin the federal contribution',
+'toward the expenses of the commission during the current fiscal year in the administration of its business in the conservancy',
+'district established pursuant to the act of july 11, 1940 54 stat. 748 , as amended by the act of',
+'september 25, 1970 public law 91 407 , $511,000. nuclear regulatory commission salaries and expenses including transfer of funds for',
+'necessary expenses of the commission in carrying out the purposes of the energy reorganization act of 1974, as amended, and',
+'the atomic energy act of 1954, as amended, including the employment of aliens; services authorized by section 3109 of title',
+'5, united states code; publication and dissemination of atomic information; purchase, repair, and cleaning of uniforms, official representation expenses not',
+'to exceed $20,000 ; reimbursements to the general services administration for security guard services; hire of passenger motor vehicles and',
+'aircraft, $540,501,000, to remain available until expended, of which $22,000,000 shall be derived from the nuclear waste fund: provided, that',
+'from this appropriation, transfer of sums may be made to other agencies of the government for the performance of the',
+'work for which this appropriation is made, and in such cases the sums so transferred may be merged with the',
+'appropriation to which transferred: provided further, that moneys received by the commission for the cooperative nuclear safety research program, services',
+'rendered to foreign governments and international organizations, and the material and information access authorization programs, including criminal history checks under',
+'section 149 of the atomic energy act of 1954, as amended, may be retained and used for salaries and expenses',
+'associated with those activities, notwithstanding the provisions of section 3302 of title 31, united states code, and shall remain available',
+'until expended: provided further, that revenues from licensing fees, inspection services, and other services and collections estimated at $518,501,000 in',
+'fiscal year 1995 shall be retained and used for necessary salaries and expenses in this account, notwithstanding the provisions of',
+'section 3302 of title 31, united states code, and shall remain available until expended: provided further, that the sum herein',
+'appropriated shall be reduced by the amount of revenues received during fiscal year 1995 from licensing fees, inspection services and',
+'other services and collections, excluding those moneys received for the cooperative nuclear safety research program, services rendered to foreign governments',
+'and international organizations, and the material and information access authorization programs, so as to result in a final fiscal year',
+'1995 appropriation estimated at not more than $22,000,000. office of inspector general including transfer of funds for necessary expenses of',
+'the office of inspector general in carrying out the provisions of the inspector general act of 1978, as amended, including',
+'services authorized by section 3109 of title 5, united states code, $5,080,000, to remain available until expended; and in addition,',
+'an amount not to exceed 5 percent of this sum may be transferred from salaries and expenses, nuclear regulatory commission:',
+'provided, that notice of such transfers shall be given to the committees on appropriations of the house and senate: provided',
+'further, that from this appropriation, transfers of sums may be made to other agencies of the government for the performance',
+'of the work for which this appropriation is made, and in such cases the sums so transferred may be merged',
+'with the appropriation to which transferred: provided further, that revenues from licensing fees, inspection services, and other services and collections',
+'shall be retained and used for necessary salaries and expenses in this account, notwithstanding the provisions of section 3302 of',
+'title 31, united states code, and shall remain available until expended: provided further, that the sum herein appropriated shall be',
+'reduced by the amount of revenues received during fiscal year 1995 from licensing fees, inspection services, and other services and',
+'collections, so as to result in a final fiscal year 1995 appropriation estimated at not more than $0. nuclear waste',
+'technical review board salaries and expenses including transfer of funds for necessary expenses of the nuclear waste technical review board,',
+'as authorized by public law 100 203, section 5051, $2,664,000, to be transferred from the nuclear waste fund and to',
+'remain available until expended. office of the nuclear waste negotiator salaries and expenses for necessary expenses of the office of',
+'the nuclear waste negotiator in carrying out activities authorized by the nuclear waste policy act of 1982, as amended by',
+'public law 102 486, section 802, $1,000,000 to be derived from the nuclear waste fund and to remain available until',
+'expended. susquehanna river basin commission salaries and expenses for expenses necessary to carry out the functions of the united states',
+'member of the susquehanna river basin commission as authorized by law 84 stat. 1541 , $318,000. contribution to susquehanna river',
+'basin commission for payment of the united states share of the current expenses of the susquehanna river basin commission, as',
+'authorized by law 84 stat. 1530, 1531 , $288,000. tennessee valley authority tennessee valley authority fund for the purpose of',
+'carrying out the provisions of the tennessee valley authority act of 1933, as amended 16 u.s.c. ch. 12a , including',
+'purchase, hire, maintenance, and operation of aircraft, and purchase and hire of passenger motor vehicles, $136,856,000, to remain available until',
+'expended. this act may be cited as the energy and water development appropriations act, 1995. hr 4506 rh 2 hr',
+'4506 rh 3 hr 4506 rh 4',

House Report 106-110.txt

@@ -0,0 +1,69 @@
+'house report 106 110 from the u.s. government publishing office 106th congress report 1st session house of representatives 106 110',
+'j.j. jake pickle federal building april 27, 1999. referred to the house calendar and ordered to be printed mr. shuster,',
+'from the committee on transportation and infrastructure, submitted the following r e p o r t to accompany h.r. 118',
+'including cost estimate of the congressional budget office the committee on transportation and infrastructure, to whom was referred the bill',
+'h.r. 118 to designate the federal building located at 300 east 8th street in austin, texas, as the j.j. jake',
+'pickle federal building, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. james',
+'jarrell jake pickle was born in roscoe, texas, on october 11, 1913. he attended public schools and earned his b.a.',
+'from the university of texas in 1938. upon graduation from college, congressman pickle accepted and held the position of area',
+'director for the national youth administration, from 1938 until 1941. he then spent the next three and a half years',
+'with the united states navy in the pacific during world war ii. after serving in the navy, congressman pickle returned',
+'to austin, texas, and entered the radio business, and engaged in advertising, and public relations from 1946 to 1956. from',
+'1957 until 1960, congressman pickle served as the director of the texas state democratic executive committee. in 1961, he was',
+'appointed to the texas employment commission and served on the commission until his resignation in 1963. in 1963, congressman pickle',
+'was elected to the united states house of representatives in a special election to fill a vacant seat created by',
+'congressman thornberrys resignation. he was then re elected to the next fifteen succeeding congresses until his retirement on january 3,',
+'1995. during his tenure in congress, congressman pickle provided a strong voice on civil rights issues. he vigorously advocated and',
+'supported such historic legislation as the civil rights act of 1964 and the voting rights act. for over thirty years,',
+'congressman pickle continuously worked on behalf of civil rights issues, and equal opportunities for women and minorities. in addition, as',
+'chair of the ways and means oversight subcommittee and the social security subcommittee, he worked to shape the system of',
+'medicare and see that it fulfilled its intended purpose of providing basic health care for those that required assistance, and',
+'assured the continuance of social security. congressman pickle was a dedicated public servant who remained close to his texas constituents.',
+'this legislation honors congressman pickle. hearings and legislative history no hearings were held on h.r. 118. committee consideration on april',
+'22, 1999, the full committee met in open session and ordered reported h.r. 118, to designate the federal building located',
+'at 300 east 8th street, austin, texas as the j.j. jake pickle federal building, approved april 21, 1999 by the',
+'subcommittee on economic development, public buildings, hazardous materials and pipeline transportation, by voice vote with a quorum present. there were',
+'no recorded votes taken during committee consideration of h.r. 118. rollcall votes clause 3 b of rule xiii of the',
+'house of representatives requires each committee report to include the total number of votes cast for and against on each',
+'rollcall vote on a motion to report and on any amendment offered to the measure or matter, and the names',
+'of those members voting for and against. there were no recorded votes taken in connection with ordering h.r. 118 favorably',
+'reported. a motion by mr. franks to order h.r. 118 favorably reported to the house was agreed to by voice',
+'vote, a quorum being present. committee oversight findings with respect to the requirements of clause 3 c 1 of rule',
+'xiii of the rules of the house of representatives, the committees oversight findings and recommendations are reflected in this report.',
+'cost of legislation clause 3 d 2 of rule xiii of the rules of the house of representatives does not',
+'apply where a cost estimate and comparison prepared by the director of the congressional budget office under section 402 of',
+'the congressional budget act of 1974 has been timely submitted prior to the filing of the report and is included',
+'in the report. such a cost estimate is included in this report. compliance with house rule xiii 1. with respect',
+'to the requirement of clause 3 c 2 of rule xiii of the rules of the house of representatives, and',
+'308 a of the congressional budget act of 1974, the committee references the report of the congressional budget office included',
+'below. 2. with respect to the requirement of clause 3 c 4 of rule xiii of the rules of the',
+'house of representatives, the committee has received no report of oversight findings and recommendations from the committee on government reform',
+'on the subject of h.r. 118. 3. with respect to the requirement of clause 3 c 3 of rule xiii',
+'of the rules of the house of representatives and section 402 of the congressional budget act of 1974, the committee',
+'has received the following cost estimate for h.r. 118 from the director of the congressional budget office. u.s. congress, congressional',
+'budget office, washington, dc, april 26, 1999. hon. bud shuster, chairman, committee on transportation and infrastructure, house of representatives, washington,',
+'dc. dear mr. chairman: the congressional budget office has reviewed the following bills, which were ordered reported by the house',
+'committee on transportation and infrastructure on april 22, 1999. cbo estimates that their enactment would have no significant impact on',
+'the federal budget, and would not affect direct spending or receipts; therefore, pay as you go procedures would not apply.',
+'the bills contain no intergovernmental or private sector mandates as defined in the unfunded mandates reform act and would impose',
+'no costs or state, local, or tribal governments. the bills reviewed are: h.r. 118, a bill to designate the federal',
+'building located at 300 east 8th street, in austin, texas, as the j.j. jake pickle federal building; h.r. 560, a',
+'bill to designate the federal building and united states courthouse located at the intersection of comercio and san justo streets',
+'in san juan, puerto rico, as the jose v. toledo federal building and united states courthouse; h.r. 686, a bill',
+'to designate a united states courthouse in brownsville, texas, as the garza vela united states courthouse; h.r. 1121, a bill',
+'to designate the federal building and united states courthouse located at 18 greenville street in newman, georgia, as the lewis',
+'r. morgan federal building and united states courthouse; s. 437, an act to designate the united states courthouse under construction',
+'at 333 las vegas boulevard south in las vegas, nevada, as the lloyd d. george united states courthouse; and s.',
+'460, an act to designate the united states courthouse located at 401 south michigan street in south bend, indiana, as',
+'the robert k. rodibaugh united states bankruptcy courthouse. if you wish further details on this estimate, we will be pleased',
+'to provide them. the cbo staff contact is john r. righter. sincerely, barry b. anderson for dan l. crippen, director',
+'. constitutional authority statement pursuant to clause 3 d 1 of rule xiii of the rules of the house of',
+'representatives, committee reports on a bill or joint resolution of a public character shall include a statement citing the specific',
+'powers granted to the congress in the constitution to enact the measure. the committee on transportation and infrastructure finds that',
+'congress has the authority to enact this measure pursuant to its powers granted under article i, section 8 of the',
+'constitution. federal mandates statement the committee adopts as its own the estimate of federal mandates prepared by the director of',
+'the congressional budget office pursuant to section 423 of the unfunded mandates reform act. public law 104 4. advisory committee',
+'statement no advisory committees within the meaning of section 5 b of the federal advisory committee act were created by',
+'this legislation. applicability to the legislative branch the committee finds that the legislation does not relate to the terms and',
+'conditions of employment or access to public services or accommodations within the meaning of section 102 b 3 of the',
+'congressional accountability act. public law 104 1.',

House Report 110-5.txt

@@ -0,0 +1,139 @@
+'house report 110 5 from the u.s. government publishing office 110th congress report house of representatives 1st session 110 5',
+'supporting the goals and ideals of national engineers week, and for other purposes january 29, 2007. referred to the house',
+'calendar and ordered to be printed mr. gordon of tennessee, from the committee on science and technology, submitted the following',
+'r e p o r t to accompany h. res. 59 the committee on science and technology, to whom was',
+'referred the resolution h. res. 59 supporting the goals and ideals of national engineers week, and for other purposes, having',
+'considered the same, report favorably thereon without amendment and recommend that the resolution be agreed to. purpose of the legislation',
+'h. res. 59 expresses the house of representatives support of the goals and ideals of national engineers week. background and',
+'need for the legislation national engineers week, designated as february 18 24, 2007, plays a significant role in raising public',
+'awareness of the important and positive contributions made by engineers to our quality of life. from helping the u.s. win',
+'the american revolution to advancing computer and internet technologies today, engineers have played a critical role throughout our history. this',
+'resolution expresses the house of representatives support for the week and its purpose of increasing understanding of and interest in',
+'engineering and technology careers and to promote literacy in math and science. summary of the legislation the official title of',
+'the resolution as introduced is: supporting the goals and ideals of national engineers week, and for other purposes. h. res.',
+'59 notes the many ways that engineers use their professional, scientific, and technical knowledge and skills in creative and innovative',
+'ways to fulfill societys needs, and states that the house of representatives 1 supports the goals and ideals of national',
+'engineers week and its aims to increase understanding of and interest in engineering and technology careers and to promote literacy',
+'in math and science; and 2 will work with the engineering community to make sure that the creativity and contribution',
+'of that community can be expressed through research, development, standardization, and innovation. legislative history and committee consideration congressman lipinski introduced',
+'this resolution on january 12, 2007 for himself, mr. akin, mr. calvert, mr. carnahan, mr. cleaver, mr. costello, mr. ehlers,',
+'mr. franks, ms. gillibrand, mr. gordon, mr. hinojosa, mr. holt, mr. honda, mr. inglis, ms. jackson lee, ms. johnson, mr.',
+'kuhl, mr. manzullo, ms. matsui, mr. mccotter, mr. mcgovern, ms. mcmorris rodgers, mr. neal, mr. petri, and mr. pickering. the',
+'resolution was referred to the committee on science and technology. on january 24, 2007 the resolution was considered at a',
+'science and technology committee mark up session and was ordered favorably reported by voice vote. rollcall votes clause 3 b',
+'of rule xiii of the rules of the house of representatives requires each committee report to include the total number',
+'of votes cast for and against on each rollcall vote on a motion to report and on any amendment offered',
+'to the measure or matter, and the names of those members voting for and against. there were no rollcall votes',
+'on this resolution. committee oversight findings with respect to the requirements of clause 3 c 1 of rule xiii of',
+'the rules of the house of representatives, the committees oversight findings and recommendations are reflected in this report. cost of',
+'legislation with respect to the requirements of clause 3 d 2 of rule xiii of the rules of the house',
+'of representatives, h. res. 59 is a sense of the house resolution and therefore does not have the force of',
+'law. as such, there is no cost associated with this legislation for fiscal year 2007, nor for any fiscal year',
+'thereafter. compliance with house rule xiii 1. with respect to the requirement of clause 3 c 2 of rule xiii',
+'of the rules of the house of representatives, and 308 a of the congressional budget act of 1974, the committee',
+'advises that the resolution contains no measure that authorizes funding, so no comparison of the total estimated funding level for',
+'the relevant programs to the appropriate levels under current law is required. 2. with respect to the requirement of clause',
+'3 c 4 of rule xiii of the rules of the house of representatives, the committee advises that the resolution',
+'contains no measure that authorizes funding, so no statement of general performance and objectives for any measure that authorizes funding',
+'is required. 3. with respect to the requirement of clause 3 c 3 of rule xiii of the rules of',
+'the house of representatives and section 402 of the congressional budget act of 1974, the committee advises that the resolution',
+'contains no measure that authorizes funding, so no cost estimate nor comparison for any measure that authorizes funding is required.',
+'constitutional authority statement pursuant to clause 3 d 1 of rule xiii of the rules of the house of representatives,',
+'committee reports on a bill or joint resolution of a public character shall include a statement citing the specific powers',
+'granted to the congress in the constitution to enact the measure. the committee on science and technology finds that congress',
+'has the authority to enact this measure pursuant to its powers granted under article i, section 8 of the constitution.',
+'federal mandates statement the resolution contains no federal mandates. preemption clarification section 423 of the congressional budget act of 1974',
+'requires the report of any committee on a bill or joint resolution to include a statement on the extent to',
+'which the bill or joint resolution is intended to preempt state, local, or tribal law. the committee states that h.',
+'res. 59 does not preempt any state, local, or tribal law. advisory committee statement no advisory committees within the meaning',
+'of section 5 b of the federal advisory committee act are created by this legislation. applicability to the legislative branch',
+'the committee finds that the legislation does not relate to the terms and conditions of employment or access to public',
+'services or accommodations within the meaning of section 102 b 3 of the congressional accountability act. public law 104 1.',
+'changes in existing law made by the bill, as reported h. res. 59 makes no changes in existing law. proceedings',
+'of the full committee markup chairman gordon. next, we will take up h. res. 59, supporting the goals and ideals',
+'of national engineering week. i now recognize mr. lipinski for 5 minutes to speak on the bill. mr. lipinski. thank',
+'you, mr. chairman. i will start by congratulating you for your well deserved rise to chairman of this committee. and',
+'i would like to congratulate ranking member hall for moving into his position as ranking member. i know you are',
+'going to do a lot of great things in this congress. i am pleased to be here today for the',
+'markup today of h. res. 59, supporting the goals and ideals of national engineers week. i would like to thank',
+'mr. inglis from south carolina for joining me in introducing this legislation. engineers have helped make our country great: from',
+'their service in the american revolution to developing key modern industries, such as aerospace and energy. this resolution honors and',
+'recognizes the more than 2 million engineers in the united states and the contributions that they have made to our',
+'country. engineers combine imagination and creativity with math, science, and technological training to solve human problems. engineers, in the past,',
+'helped us build boats to travel across the seas, railroads to explore the west, and the internet to communicate with',
+'the world. we need the innovative capabilities of engineers to confront the new challenges before us today. engineers will help',
+'america develop energy independence, find solutions to confront global climate change, and make our nation more secure. now i have',
+'a unique perspective as one of only a handful of engineers in congress. we probably have more lawyers on this',
+'committee than we have engineers in congress. i know the last congress, i was one of nine house members with',
+'engineering degrees. i am not sure how that has changed this year, but i do know that we have added',
+'at least one engineer to the house and to this committee, jerry mcnerney from california. and we are very fortunate',
+'that he brings his engineering expertise to our committee. certainly his engineering expertise far outshines mine, so i want to',
+'welcome mr. mcnerney to this committee. unfortunately, for america, this country is falling behind others in engineering. u.s. students continue',
+'to score below international averages on math and science tests, we are failing to graduate enough engineers, especially compared to',
+'countries such as china and india. there is some debate over the exact numbers of engineers in these countries, but',
+'there is no question we are behind other countries in graduatingengineers. the national academy of sciences report, rising above the',
+'gathering storm, emphasizes this worrisome development and the need for the federal government to take action to address the potential',
+'for a shortage of good engineers. we must do everything we can to encourage and inspire future engineers, and national',
+'engineers week is one step to accomplish this goal. national engineers week has inspired future engineers for more than 50',
+'years. it aims to raise public awareness about engineers contributions to society and our quality of life. honored by the',
+'national society of professional engineers, including more than 100 society, government, and business sponsors and affiliates, including boeing, the american',
+'society for mechanical engineers, the american society of civil engineers, national engineers week draws upon local and regional experts to',
+'promote high levels of math, science, and technology literacy. annually, it reaches thousands of parents, teachers, and students in communities',
+'across the country. from national and regional engineering competitions, such as future of the city competition, to events such as',
+'introduce a girl to engineering day, national engineers week helps inspire the next generation of american engineers and scientists. i',
+'would like to thank all of the engineers who have contributed so much to america and to honor them for',
+'their commitment to continue working to better our society. we certainly need more engineers in america for our economic security,',
+'our national security, and certainly, one of the biggest challenges, global climate change. i encourage all of my colleagues to',
+'support h. res. 59. mr. lipinski. thank you, mr. chairman. i yield back the balance of my time. chairman gordon.',
+'i am pleased to recognize mr. inglis for 5 minutes to present his opening remarks. mr. inglis. i start by',
+'congratulating mr. lipinski on the vice chair role here on this committee and by celebrating this bill that i am',
+'happy to be on with him. in 1951, the national society of professional engineers established national engineers week. the purpose',
+'of the week is to increase understanding of and interest in engineering and technology careers and to promote k 12',
+'literacy in math and science. it also showcases the contributions that engineers have made to society. it is celebrated, typically,',
+'during the week of george washingtons actual birthday, which is february 22, as he steered our nation toward technical advancements,',
+'invention, and education. among many other credits, george washington had an order made at valley forge for more engineers and',
+'engineering education, which led to the creation of the u.s. army engineers school. this bill is designed to respond to',
+'what tom friedman calls the silent crisis of a lack of engineering and science technology math education in our country,',
+'and i am happy to join mr. lipinski in urging the committee to pass the bill. chairman gordon. without objection,',
+'all members opening statements will be placed in the record at this point. mr. mcnerney from california is recognized. mr.',
+'mcnerney. thank you, mr. chairman. i salute you and the ranking member for your dedication to bipartisanship and for working',
+'together towards solving the problems that we are facing. my father started out in labor but moved into engineering, and',
+'my mother often told me that it would be the engineers that would help us solve the problems that are',
+'facing us, such as global warming. while i have had the pleasure of following my father into an engineering career,',
+'i can tell you that some of the most rewarding moments of my life were in pursuit of engineering goals.',
+'i have also noted, throughout my career, that engineers are among the most ethical and hard working people that i',
+'have had the pleasure of working with in any pursuit. i think this is a very important bill, because it',
+'will help encourage our young people into this field of engineering. i agree wholeheartedly with my mother that it will',
+'be the engineers that will help us solve these problems of transportation, global warming, and many of the other problems',
+'that face us in our nation. i urge everyone to support this bill. thank you. chairman gordon. any other comments?',
+'i ask unanimous consent that the bill is considered as read and open to amendment at any point. without objection,',
+'so ordered. h. res. 59 follows: h. res. 59 whereas engineers use their professional, scientific, and technical knowledge and skills',
+'in creative and innovative ways to fulfill societys needs; whereas engineers have helped meet the major technological challenges of our',
+'time from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into the',
+'future; whereas engineers are a crucial link in research, development, and demonstration and in transforming scientific discoveries into useful products,',
+'and we will look more than ever to engineers and their knowledge and skills to meet the challenges of the',
+'future; whereas engineers play a crucial role in developing the consensus engineering standards that permit modern economies and societies to',
+'exist; whereas the 2006 national academy of sciences report entitled rising above the gathering storm highlighted the worrisome trend that',
+'fewer students are now focusing on engineering in college at a time when increasing numbers of todays 2,000,000 united states',
+'engineers are nearing retirement; whereas the national society of professional engineers through national engineers week and other activities is raising',
+'public awareness of engineers significant, positive contributions to societal needs; whereas national engineers week activities at engineering schools and in',
+'other forums are encouraging our young math and science students to see themselves as possible future engineers and to realize',
+'the practical power of their knowledge; whereas national engineers week has grown into a formal coalition of more than 70',
+'engineering, education, and cultural societies, and more than 50 major corporations and government agencies; whereas national engineers week is celebrated',
+'during the week of george washingtons birthday to honor the contributions that our first president, a military engineer and land',
+'surveyor, made to engineering; and whereas february 18 to 24, 2007, has been designated by the president as national engineers',
+'week: now, therefore, be it resolved, that the house of representatives 1 supports the goals and ideals of national engineers',
+'week and its aims to increase understanding of and interest in engineering and technology careers and to promote literacy in',
+'math and science; and 2 will work with the engineering community to make sure that the creativity and contribution of',
+'that community can be expressed through research, development, standardization, and innovation. chairman gordon. are there any amendments? hearing none, the',
+'vote is on the bill. all of those in favor, signify by saying aye. opposed, nay. in the opinion of',
+'the chair, the ayes have it. mr. hall. mr. chairman, i move that the committee favorably report h. res. 59',
+'to the house with the recommendation that the bill do pass. furthermore, i move that the staff be instructed to',
+'prepare the legislative report and make necessary technical and conforming changes, and that the chairman take all necessary steps to',
+'bring the bill before the house for consideration. chairman gordon. the question is on the motion to report the bill',
+'favorably. those in favor of the motion will signify by saying aye. opposed, nay. the ayes appear to have it.',
+'the resolution is favorably reported. without objection, the motion is considered as laid on the table. i move that members',
+'have 2 subsequent calendar days in which to submit supplemental minority or additional views on the measure. i move pursuant',
+'to clause 1 of rule 22 of the rules of the house of representatives that the committee authorize the chairman',
+'to offer such motions as may be necessary in the house to adopt and pass h. res. 59. without objection,',
+'so ordered.',

House Report 110-656.txt

@@ -0,0 +1,75 @@
+'110th congress report house of representatives 2d session 110 656 authorizing the use of the capitol grounds for the district',
+'of columbia special olympics law enforcement torch run may 19, 2008. referred to the house calendar and ordered to be',
+'printed mr. oberstar, from the committee on transportation and infrastructure, submitted the following r e p o r t to',
+'accompany h. con. res. 309 including cost estimate of the congressional budget office the committee on transportation and infrastructure, to',
+'whom was referred the concurrent resolution h. con. res. 309 authorizing the use of the capitol grounds for the district',
+'of columbia special olympics law enforcement torch run, having considered the same, report favorably thereon without amendment and recommend that',
+'the concurrent resolution be agreed to. purpose of the legislation the purpose of house concurrent resolution 309 is to authorize',
+'the use of the capitol grounds for the district of columbia special olympics law enforcement torch run. background and need',
+'for legislation the resolution authorizes the use of the capitol grounds for the district of columbia special olympics law enforcement',
+'torch run. the capitol police, along with the d.c. special olympics, will participate in the torch run to be held',
+'on june 6, 2008. the d.c. special olympics will work closely with the capitol police and the architect of the',
+'capitol to make sure that the event is in full compliance with the rules and regulations governing the use of',
+'the capitol grounds. the law enforcement torch run for the special olympics is run nationwide by law enforcement officers, leading',
+'up to each states or national special olympics summer games. each year, nearly 50 local and federal law enforcement agencies',
+'in washington, dc, participate to show their support of the d.c. special olympics. this torch relay event is a traditional',
+'part of the opening ceremonies for the special olympics. over 15,000 district of columbia citizens with intellectual disabilities have participated',
+'in the special olympics. funds raised from the law enforcement torch run for the special olympics help support year round',
+'training and programs for special olympics dc. this type of support led to seven special olympics athletes competing in the',
+'penn relays in philadelphia, pennsylvania, in april 2008. each year, approximately 2,500 special olympians of all ages compete in over',
+'a dozen events in the d.c. special olympics. the event is supported by volunteers from the washington, dc metropolitan region',
+'and is attended by thousands more family and friends in the area making this event a truly unique service designed',
+'to offer self determination to individuals with disabilities. summary of the legislation section 1 authorizes the use of the capitol',
+'grounds for the district of columbia special olympics law enforcement torch run on june 6, 2008 or such other date',
+'as the speaker of the house of representatives and the senate rules and administration committee may jointly designate. section 2',
+'requires the capitol police board to take such actions as may be necessary to carry out for the event. section',
+'3 allows the architect of the capitol to prescribe conditions for the physical preparations for the event. section 4 requires',
+'the capitol police board to enforce all applicable restrictions on the use of the capitol grounds, including those relating to',
+'sales, advertisements, displays, and solicitations. legislative history and committee consideration on march 4, 2008, delegate eleanor holmes norton introduced h.',
+'con. res. 309. on may 15, 2008, the committee on transportation and infrastructure met in open session to consider h.',
+'con. res. 309. the committee agreed to the resolution and ordered it favorably reported to the house by voice vote.',
+'record votes clause 3 b of rule xiii of the house of representatives requires each committee report to include the',
+'total number of votes cast for and against on each record vote on a motion to report and on any',
+'amendment offered to the measure or matter, and the names of those members voting for and against. there were no',
+'recorded votes taken in connection with ordering h. con. res. 309 reported. a motion to order house concurrent resolution 309',
+'reported favorably to the house was agreed to by voice vote with a quorum present. committee oversight findings with respect',
+'to the requirements of clause 3 c i of rule xiii of the rules of the house of representatives, the',
+'committees oversight findings and recommendations are reflected in this report. cost of legislation clause 3 c 2 of rule xiii',
+'of the rules of the house of representatives does not apply where a cost estimate and comparison prepared by the',
+'director of the congressional budget office under section 402 of the congressional budget act of 1974 has been timely submitted',
+'prior to the filing of the report and is included in the report. such a cost estimate is included in',
+'this report. compliance with house rule xiii 1. with respect to the requirement of clause 3 c 2 of rule',
+'xiii of the rules of the house of representatives, and 308 a of the congressional budget act of 1974, the',
+'committee references the report of the congressional budget office included in the report. 2. with respect to the requirement of',
+'clause 3 c 4 of rule xiii of the rules of the house of representatives, the performance goals and objective',
+'of this legislation is to authorize the use of the capitol grounds for the district of columbia special olympics law',
+'enforcement torch run. 3. with respect to the requirement of clause 3 c 3 of rule xiii of the rules',
+'of the house of representatives and section 402 of the congressional budget act of 1974, the committee has received the',
+'enclosed cost estimate for h. con. res. 309 from the director of the congressional budget office. u.s. congress, congressional budget',
+'office, washington, dc, may 15, 2008. hon. james l. oberstar, chairman, committee on transportation and infrastructure, house of representatives, washington,',
+'dc. dear mr. chairman: the congressional budget office has prepared the enclosed cost estimate for h. con. res. 309, authorizing',
+'the use of the capitol grounds for the district of columbia special olympics law enforcement torch run. if you wish',
+'further details on these estimates, we will be pleased to provide them. the cbo staff contact is matthew pickford. sincerely,',
+'robert a. sunshine for peter r. orszag, director . enclosure. h. con. res. 309 authorizing the use of the capitol',
+'grounds for the district of columbia special olympics law enforcement torch run h. con. res. 309 would authorize the 2008',
+'district of columbia special olympics law enforcement torch run to be run through the capitol grounds on june 6, 2008,',
+'or on such other date as the speaker of the house of representatives and the senate committee on rules and',
+'administration may jointly designate. cbo estimates that adopting h. con. res. 309 would result in no significant cost to the',
+'federal government. the cbo staff contact for this estimate is matthew pickford. the estimate was approved by peter h. fontaine,',
+'assistant director for budget analysis. compliance with house rule xxi pursuant to clause 9 of rule xxi of the rules',
+'of the house of representatives, h. con. res. 309 does not contain any congressional earmarks, limited tax benefits, or limited',
+'tariff benefits as defined in clause 9 d , 9 e , or 9 f of rule xxi of the',
+'rules of the house of representatives. constitutional authority statement pursuant to clause 3 d 1 of rule xiii of the',
+'rules of the house of representatives, committee reports on a bill or joint resolution of a public character shall include',
+'a statement citing the specific powers granted to the congress in the constitution to enact the measure. the committee on',
+'transportation and infrastructure finds that congress has the authority to enact this measure pursuant to its powers granted under article',
+'i, section 8 of the constitution. federal mandates statement the committee adopts as its own the estimate of federal mandates',
+'prepared by the director of the congressional budget office pursuant to section 423 of the unfunded mandates reform act public',
+'law 104 4 . preemption clarification section 423 of the congressional budget act of 1974 requires the report of any',
+'committee on a bill or joint resolution to include a statement on the extent to which the bill or joint',
+'resolution is intended to preempt state, local, or tribal law. the committee states that h. con. res. 309 does not',
+'preempt any state, local, or tribal law. advisory committee statement no advisory committees within the meaning of section 5 b',
+'of the federal advisory committee act are created by this legislation. applicability to the legislative branch the committee finds that',
+'the legislation does not relate to the terms and conditions of employment or access to public services or accommodations within',
+'the meaning of section 102 b 3 of the congressional accountability act public law 104 1 . changes in existing',
+'law made by the bill, as reported h. con. res. 309 makes no changes in existing law.',

House Report 113-235.txt

@@ -0,0 +1,75 @@
+'house report 113 235 from the u.s. government publishing office 113th congress report house of representatives 1st session 113 235',
+'michael d. resnick terrorist screening center september 27, 2013. referred to the house calendar and ordered to be printed mr.',
+'shuster, from the committee on transportation and infrastructure, submitted the following r e p o r t to accompany h.r.',
+'3096 including cost estimate of the congressional budget office the committee on transportation and infrastructure, to whom was referred the',
+'bill h.r. 3096 to designate the building occupied by the federal bureau of investigation located at 801 follin lane, vienna,',
+'virginia, as the michael d. resnick terrorist screening center, having considered the same, report favorably thereon without amendment and recommend',
+'that the bill do pass. contents page purpose of legislation 2 background and need for legislation 2 hearings 2 legislative',
+'history and consideration 2 committee votes 2 committee oversight findings 2 new budget authority and tax expenditures 3 congressional budget',
+'office cost estimate 3 performance goals and objectives 3 advisory of earmarks 3 duplication of federal programs 4 disclosure of',
+'directed rule makings 4 federal mandate statement 4 preemption clarification 4 advisory committee statement 4 applicability of legislative branch 4',
+'section by section analysis of legislation 4 changes in existing law made by the bill, as reported 5 purpose of',
+'legislation h.r. 3096 would designate the building occupied by the federal bureau of investigation located at 801 follin lane, vienna,',
+'virginia, as the michael d. resnick terrorist screening center. background and need for legislation h.r. 3096 would designate the building',
+'occupied by the federal bureau of investigation fbi located at 801 follin lane, vienna, virginia, as the michael d. resnick',
+'terrorist screening center during the period in which the building is occupied by the federal bureau of investigation. michael d.',
+'resnick dedicated his 20 year fbi career to protecting the country from terrorism. supervisory special agent resnick was a graduate',
+'of the university of wisconsin madison and de paul university college of law and was a career fbi supervisor for',
+'over 20 years. he was detailed to the white house as senior director of information sharing policy. supervisory special agent',
+'resnick played an integral role in developing the terrorist watchlisting system and was an architect of the post 9/11 national',
+'security framework. he continued his work at the fbi throughout his battle with pancreatic cancer until two days before his',
+'death on february 2, 2011. hearings no hearings were held on h.r. 3096. legislative history and consideration on september 12,',
+'2013, representative gerald e. connolly d va introduced h.r. 3096, a bill to designate the building occupied by the federal',
+'bureau of investigation located at 801 follin lane, vienna, virginia, as the michael d. resnick terrorist screening center. on september',
+'19, 2013, the committee on transportation and infrastructure met in open session. the committee ordered the bill reported favorably to',
+'the house by voice vote with a quorum present. committee votes clause 3 b of rule xiii of the rules',
+'of the house of representatives requires each committee report to include the total number of votes cast for and against',
+'on each record vote on a motion to report and on any amendment offered to the measure or matter, and',
+'the names of those members voting for and against. there were no record votes taken in connection with consideration of',
+'h.r. 3096 or ordering the measure reported. a motion to order h.r. 3096 reported favorably to the house was agreed',
+'to by voice vote with a quorum present. committee oversight findings with respect to the requirements of clause 3 c',
+'1 of rule xiii of the rules of the house of representatives, the committees oversight findings and recommendations are reflected',
+'in this report. new budget authority and tax expenditures clause 3 c 2 of rule xiii of the rules of',
+'the house of representatives does not apply where a cost estimate and comparison prepared by the director of the congressional',
+'budget office under section 402 of the congressional budget act of 1974 has been timely submitted prior to the filing',
+'of the report and is included in the report. such a cost estimate is included in this report. congressional budget',
+'office cost estimate with respect to the requirement of clause 3 c 3 of rule xiii of the rules of',
+'the house of representatives and section 402 of the congressional budget act of 1974, the committee has received the enclosed',
+'cost estimate for h.r. 3096 from the director of the congressional budget office: u.s. congress, congressional budget office, washington, dc,',
+'september 20, 2013. hon. bill shuster, chairman, committee on transportation and infrastructure, house of representatives, washington, dc. dear mr. chairman:',
+'the congressional budget office has reviewed h.r. 3096, a bill to designate the building occupied by the federal bureau of',
+'investigation located at 801 follin lane, vienna, virginia, as the michael d. resnick terrorist screening center, as ordered reported by',
+'the house committee on transportation and infrastructure on september 19, 2013. cbo estimates that enacting this legislation would have no',
+'significant impact on the federal budget and would not affect direct spending or revenues; therefore, pay as you go procedures',
+'do not apply. the bill contains no intergovernmental or private sector mandates as defined in the unfunded mandates reform act',
+'and would impose no costs on state, local, or tribal governments. if you wish further details on this estimate, we',
+'will be pleased to provide them. the cbo staff contact is matthew pickford. sincerely, douglas w. elmendorf. performance goals and',
+'objectives with respect to the requirement of clause 3 c 4 of rule xiii of the rules of the house',
+'of representatives, the performance goal and objective of this legislation is to designate the building occupied by the federal bureau',
+'of investigation located at 801 follin lane, vienna, virginia, as the michael d. resnick terrorist screening center. advisory of earmarks',
+'pursuant to clause 9 of rule xxi of the rules of the house of representatives, the committee is required to',
+'include a list of congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9 e ,',
+'9 f , and 9 g of rule xxi of the rules of the house of representatives. no provision in',
+'the bill includes an earmark, limited tax benefit, or limited tariff benefit under clause 9 e , 9 f ,',
+'or 9 g of rule xxi. duplication of federal programs pursuant to section 3 j of h. res. 5, 113th',
+'cong. 2013 , the committee finds that no provision of h.r. 3096 establishes or reauthorizes a program of the federal',
+'government known to be duplicative of another federal program, a program that was included in any report from the government',
+'accountability office to congress pursuant to section 21 of public law 111 139, or a program related to a program',
+'identified in the most recent catalog of federal domestic assistance. disclosure of directed rule makings pursuant to section 3 k',
+'of h. res. 5, 113th cong. 2013 , the committee estimates that enacting h.r. 3096 does not specifically direct the',
+'completion of any specific rule makings within the meaning of section 551 of title 5, united states code. federal mandate',
+'statement the committee adopts as its own the estimate of federal mandates prepared by the director of the congressional budget',
+'office pursuant to section 423 of the unfunded mandates reform act public law 104 4 . preemption clarification section 423',
+'of the congressional budget act of 1974 requires the report of any committee on a bill or joint resolution to',
+'include a statement on the extent to which the bill or joint resolution is intended to preempt state, local, or',
+'tribal law. the committee states that h.r. 3096 does not preempt any state, local, or tribal law. advisory committee statement',
+'no advisory committees within the meaning of section 5 b of the federal advisory committee act are created by this',
+'legislation. applicability of legislative branch the committee finds that the legislation does not relate to the terms and conditions of',
+'employment or access to public services or accommodations within the meaning of section 102 b 3 of the congressional accountability',
+'act public law 104 1 . section by section analysis of legislation section 1. designation section 1 designates the building',
+'occupied by the federal bureau of investigation located at 801 follin lane, vienna, virginia, as the michael d. resnick terrorist',
+'screening center during the period in which the building is occupied by the federal bureau of investigation. section 2. references',
+'section 2 deems any reference in a law, map, regulation, document, paper, or other record of the united states to',
+'the building referred to in section 1 as a reference to the michael d. resnick terrorist screening center during the',
+'period in which such building is occupied by the federal bureau of investigation. changes in existing law made by the',
+'bill, as reported h.r. 3096 makes no changes in existing law.',

House Report 113-6.txt

@@ -0,0 +1,207 @@
+'house report 113 6 from the u.s. government publishing office 113th congress report house of representatives 1st session 113 6',
+'hydropower regulatory efficiency act of 2013 february 4, 2013. committed to the committee of the whole house on the state',
+'of the union and ordered to be printed mr. upton, from the committee on energy and commerce, submitted the following',
+'r e p o r t to accompany h.r. 267 including cost estimate of the congressional budget office the committee',
+'on energy and commerce, to whom was referred the bill h.r. 267 to improve hydropower, and for other purposes, having',
+'considered the same, report favorably thereon without amendment and recommend that the bill do pass. contents page purpose and summary',
+'1 background and need for legislation 2 hearings 4 committee consideration 4 committee votes 4 committee oversight findings 5 statement',
+'of general performance goals and objectives 5 new budget authority, entitlement authority, and tax expenditures 5 earmark, limited tax benefits,',
+'and limited tariff benefits 5 committee cost estimate 5 congressional budget office estimate 5 federal mandates statement 6 duplication of',
+'federal programs 6 disclosure of directed rule makings 7 advisory committee statement 7 applicability to legislative branch 7 section by',
+'section analysis of the legislation 7 changes in existing law made by the bill, as reported 8 purpose and summary',
+'h.r. 267, the hydropower regulatory efficiency act of 2013, was introduced by representative cathy mcmorris rodgers together with representatives degette,',
+'dingell, latta, lujan, markey, matheson, terry, and walden on january 15, 2013. the legislation facilitates the development of new hydropower',
+'resources in the united states by streamlining the federal licensing requirements for small hydropower projects and qualifying conduit hydropower facilities.',
+'the legislation also requires the federal energy regulatory commission to study ways to improve federal hydropower licensing for non powered',
+'dams and closed loop pumped storage facilities. background and need for legislation hydropower is the nations largest renewable energy generation',
+'resource, providing nearly 8 percent of the electricity generated in the united states. including pumped storage facilities, there are approximately',
+'100,000 megawatts mw of current installed hydropower capacity in the united states. the hydropower sector employs approximately 200,000 300,000 workers',
+'across the united states, and nearly 2,500 u.s. companies participate in the development, licensing, construction, and operation of hydropower projects.\1\',
+'\1\national hydropower association, job creation opportunities in hydropower, final report september 20, 2009 , available at: http:// hydro.org/wp content/uploads/2010/12/nha jobsstudy',
+'finalreport.pdf; nha, u.s. hydropower supply chain snapshot, available at: http:// hydro.org/why hydro/available/hydropower supply chain snapshot/. ninety three percent of u.s.',
+'hydroelectric facilities are operated by the private sector, public utilities, and state or local governments.\2\ according to the federal energy',
+'regulatory commission ferc , which regulates non federal projects, these entities operate over 1,650 hydropower facilities in every region of',
+'the u.s.\3\ many of these facilities are much smaller than the large federal dams typically associated with hydropower. ferc records',
+'show that approximately 71% of non federal hydropower facilities have a capacity of less than 5 mw, demonstrating the importance',
+'of small hydropower projects to the nations energy portfolio.\4\ \2\idaho national laboratory, a study of united states hydroelectric plant ownership',
+'june 2006 , available at: http:// hydropower.inl.gov/hydrofacts/pdfs/a study of united states hydroelectric plant ownership.pdf. \3\see ferc, issued licenses, available at:',
+'http://ferc.gov/ industries/hydropower/gen info/ licensing/licenses.xls; and issued exemptions, available at: http:/ /ferc.gov/industries/ hydropower/gen info/licensing/exemptions.xls. \4\see testimony of jeff c. wright, director,',
+'office of energy projects, ferc, before the subcommittee on energy and commerce may 9, 2012 . hydropowers potential despite abundant',
+'resources, the production of electricity from water resources is not fully utilized. with the right federal policies in place, it',
+'may be possible to double hydropower capacity and create thousands of new domestic jobs. for instance, a study completed on',
+'behalf of the national hydropower association nha concluded that by utilizing currently untapped resources, the united states could add approximately',
+'60,000 mw of new hydropower capacity by 2025, potentially creating as many as 700,000 jobs in the process.\5\ \5\national hydropower',
+'association, job creation opportunities in hydropower, final report september 20, 2009 , available at: http:// hydro.org/wp content/uploads/2010/12/nha jobsstudy finalreport.pdf; final',
+'report update with state breakdowns april 26, 2010 , available at http://hydro.org/wp content/uploads/2011/02/nha annual conf frantzis pres final 7.pdf. a',
+'significant amount of new hydroelectric generation could come from maximizing existing infrastructure, particularly non powered dams. for example, only about',
+'3 percent of the nations approximately 80,000 dams currently generate hydropower.\6\ the u.s. department of energy and oak ridge national',
+'laboratory recently released a report identifying 12,000 mw of new hydropower that could be developed at existing non powered dams.\7\',
+'\6\u.s. army corps of engineers, national inventory of dams, chart: dams by primary purpose, available at: http://geo.usace.army.mil/ pgis/f?p=397:5:48574067111801::no. \7\u.s. department',
+'of energy, an assessment of energy potential at non powered dams in the united states april 2012 , available at:',
+'http://www1.eere.energy.gov/water/pdfs/npd report.pdf. there also is significant growth potential in the small hydropower and conduit power sectors of the industry, as',
+'numerous project developers and local governments across the country consider retrofitting local dam infrastructure or investing in irrigation power projects',
+'and other conduit applications. for instance, the u.s. bureau of reclamation released a study identifying 373 existing canals and conduits',
+'that have the combined potential of generating over 365,000 mw hours of additional hydropower annually.\8\ \8\u.s. bureau of reclamation, site',
+'inventory and hydropower energy assessment of reclamation owned conduits, final report march 2012 , available at: http://www.usbr.gov/power/canalreport/index.html. additional hydropower benefits',
+'hydropower is a clean, renewable, and zero emission electricity source; its utilization currently avoids 225 million metric tons of carbon',
+'dioxide in the u.s. each year equal to the output of approximately 42 million passenger cars, according to nha. hydropower',
+'facilities also can provide grid reliability and stability services, such as the ability to quickly meet changing demand in electric',
+'load, firming for intermittent variable resources, such as wind and solar, and black start capability in times of an outage.',
+'regulation of hydropower development hydropower developments face a comprehensive regulatory approval process that involves many participants, including ferc, federal and',
+'state resource agencies, local governments, tribes, non governmental organizations, and the public. the regulatory process to license and construct a',
+'hydropower facility can be considerably longer than the process for other renewable energy resources. for example, fercs integrated licensing process',
+'established specifically for hydropower projects is structured to be completed in 5 years, while the development timeline for wind and',
+'solar projects can be as short as 18 to 24 months. developers of small hydropower projects told the committee that,',
+'due to the lack of economies of scale with smaller projects, the costs associated with the licensing process serve as',
+'a financial disincentive to pursue these facilities. in recent years, ferc has taken steps to improve the licensing process of',
+'small hydropower projects. however, ferc exemption applications can be lengthy and time consuming to prepare. for very small projects, the',
+'cost of ferc compliance can potentially exceed the cost of hydro equipment. according to the colorado small hydro association, a',
+'typical exemption application for a small hydropower system may be on the order of 100 pages, including all the necessary',
+'explanatory text, diagrams, maps, letters, and appendices. compiling all the necessary information can take months, requiring expensive consulting assistance from',
+'engineers, attorneys, professionally licensed surveyors, and environmental consultants. hiring consultants to complete ferc small hydro exemptions for small projects may',
+'typically cost somewhere between $10,000 and $30,000 a price tag that often outweighs the total hydro equipment installation cost for',
+'a typical small 1 2 kilowatt residential micro hydro system. ferc currently reports 469 proposed projects with pending license and',
+'license exemption applications, as well as issued and pending preliminary permits.\9\ this represents nearly 60,000 mw in new hydropower capacity',
+'pending at ferc.\10\ by improving the hydropower licensing process, h.r. 267 could facilitate the development of many of these and',
+'future hydropower projects. \9\these pending projects include all hydropower technologies: conventional, conduit, pumped storage, and new marine hydrokinetic. arrived at',
+'by combining project figures from ferc generated spreadsheets. see pending licenses, relicenses and exemptions total projects: 64 equaling 3,030.350 mw',
+', available at: http:// ferc.gov/industries/hydropower/gen info/ licensing/pending lre.xls; all issued preliminary permits total projects: 316 equaling 52,651.181 mw , available',
+'at: http://ferc.gov/ industries/hydropower/gen info/licensing/issued pre permits.xls; and all pending preliminary permits total projects 89 equaling 6,532.096 mw , available at:',
+'http://ferc.gov/industries/hydropower/gen info/licensing/pending pre permits.xls. \10\id. previous consideration of the legislation identical legislation h.r. 5892 was introduced in the house of',
+'representatives during the 112th congress. the subcommittee on energy and power held a legislative hearing on h.r. 5892, and subsequently,',
+'the subcommittee met in open markup session and favorably reported, by voice vote, h.r. 5892 to the full committee. the',
+'full committee ordered h.r. 5892 favorably reported, by voice vote, to the house of representatives. on july 9, 2012, under',
+'suspension of the rules, h.r. 5892 was agreed to by the house by a vote of 372 0. supporters of',
+'the legislation supporters of the legislation include nha, american rivers, the colorado small hydropower association, and voith hydropower. hearings the',
+'committee on energy and commerce has not held hearings on the legislation in the 113th congress. committee consideration on january',
+'22, 2013, the committee on energy and commerce met in open markup session. no amendments were offered during the markup',
+'and the committee ordered h.r. 267 favorably reported, by unanimous consent, to the house of representatives. committee votes clause 3',
+'b of rule xiii of the rules of the house of representatives requires the committee to list the record votes',
+'on the motion to report legislation and amendments thereto. there were no record votes taken in connection with ordering h.r.',
+'267 reported. a motion by mr. upton to order h.r. 267 reported to the house, without amendment, was agreed to',
+'by unanimous consent. committee oversight findings pursuant to clause 3 c 1 of rule xiii of the rules of the',
+'house of representatives, the committee made oversight findings that are reflected in this report. statement of general performance goals and',
+'objectives h.r. 267 facilitates the development of new hydropower resources in the united states by streamlining the federal licensing requirements',
+'for small hydropower projects and qualifying conduit hydropower facilities. the legislation also requires the federal energy regulatory commission to study',
+'ways to improve federal hydropower licensing for non powered dams and closed loop pumped storage facilities. new budget authority, entitlement',
+'authority, and tax expenditures in compliance with clause 3 c 2 of rule xiii of the rules of the house',
+'of representatives, the committee finds that h.r. 267, the hydropower regulatory efficiency act of 2013, would result in no new',
+'or increased budget authority, entitlement authority, or tax expenditures or revenues. earmarks, limited tax benefits, and limited tariff benefits in',
+'compliance with clause 9 e , 9 f , and 9 g of rule xxi of the rules of the',
+'house of representatives, the committee finds that h.r. 267, the hydropower regulatory efficiency act of 2013, contains no earmarks, limited',
+'tax benefits, or limited tariff benefits. committee cost estimate the committee adopts as its own the cost estimate prepared by',
+'the director of the congressional budget office pursuant to section 402 of the congressional budget act of 1974. congressional budget',
+'office estimate pursuant to clause 3 c 3 of rule xiii of the rules of the house of representatives, the',
+'following is the cost estimate provided by the congressional budget office pursuant to section 402 of the congressional budget act',
+'of 1974: january 31, 2013. hon. fred upton, chairman, committee on energy and commerce, house of representatives, washington, dc. dear',
+'mr. chairman: the congressional budget office has prepared the enclosed cost estimate for h.r. 267, the hydropower regulatory efficiency act',
+'of 2013. if you wish further details on this estimate, we will be pleased to provide them. the cbo staff',
+'contact is megan carroll. sincerely, douglas w. elmendorf. enclosure. h.r. 267 hydropower regulatory efficiency act of 2013 under the federal',
+'power act, the federal energy regulatory commission ferc issues licenses and regulates hydroelectric facilities, regardless of size. h.r. 267 would',
+'amend current law to allow ferc to extend certain permits related to hydroelectric facilities and exempt small hydroelectric facilities with',
+'a generating capacity of 10 megawatts or less from fercs licensing requirements. in addition, the bill would direct the secretary',
+'of energy to study the feasibility of generating hydroelectric power using water flowing through conduits or at facilities that store',
+'water. finally, the bill would authorize ferc to carry out pilot projects to demonstrate the potential of generating hydroelectric power',
+'at nonpowered dams and water storage facilities. based on information from ferc and the department of energy doe , cbo',
+'estimates that implementing h.r. 267 would have no significant net impact on the federal budget. cbo anticipates that the proposed',
+'changes to fercs permitting and licensing requirements would reduce the commissions workload. we also estimate that ferc would spend about',
+'$1 million on pilot projects authorized under the bill, assuming appropriation of the necessary amounts. however, because ferc recovers 100',
+'percent of its costs through user fees, any change in the agencys costs which are controlled through annual appropriation acts',
+'would be offset by an equal change in fees that the commission charges, resulting in no net change in federal',
+'spending. finally, cbo estimates that any increased costs to doe to prepare the study that would be required under h.r.',
+'267 would be negligible because the proposed study is similar to ongoing efforts to analyze the potential for developing hydropower',
+'resources. enacting h.r. 267 would not affect direct spending or revenues; therefore, pay as you go procedures do not apply.',
+'h.r. 267 contains no intergovernmental or private sector mandates as defined in the unfunded mandates reform act and would impose',
+'no costs on state, local, or tribal governments. the cbo staff contact for this estimate is megan carroll. the estimate',
+'was approved by theresa gullo, deputy assistant director for budget analysis. federal mandates statement the committee adopts as its own',
+'the estimate of federal mandates prepared by the director of the congressional budget office pursuant to section 423 of the',
+'unfunded mandates reform act. duplication of federal programs no provision of h.r. 267 establishes or reauthorizes a program of the',
+'federal government known to be duplicative of another federal program, a program that was included in any report from the',
+'government accountability office to congress pursuant to section 21 of public law 111 139, or a program related to a',
+'program identified in the most recent catalog of federal domestic assistance. disclosure of directed rule makings the committee estimates that',
+'enacting h.r. 267 does not specifically direct the completion of any specific rule makings within the meaning of 5 u.s.c.',
+'551. advisory committee statement no advisory committees within the meaning of section 5 b of the federal advisory committee act',
+'were created by this legislation. applicability to legislative branch the committee finds that the legislation does not relate to the',
+'terms and conditions of employment or access to public services or accommodations within the meaning of section 102 b 3',
+'of the congressional accountability act. section by section analysis of legislation section 1: short title; table of contents section 1',
+'provides the short title of hydropower regulatory efficiency act of 2013 and provides a table of contents. section 2: findings',
+'section 2 sets forth findings on the potential power generation and economic benefits resulting from increased hydropower development in the',
+'united states. section 3: promoting small hydroelectric power projects section 3 increases the licensing exemption threshold for small hydropower projects',
+'from 5 megawatts mw to 10 mw. section 4: promoting conduit hydropower projects section 4 a provides that a qualifying',
+'conduit hydropower facility is not required to obtain a ferc license. the term is defined as a hydropower project that',
+'1 uses a non federally owned conduit, 2 has an installed capacity of 5 mw or less, and 3 does',
+'not currently have a license or exemption. an entity proposing to construct a qualifying conduit hydropower facility is required to',
+'file a notice of intent with ferc that includes sufficient information to demonstrate that the facility meets the qualifying criteria.',
+'if ferc makes an initial determination that the proposed project meets the criteria, it shall publish public notice of the',
+'notice of intent to construct the project. if no entity contests that the project meets the criteria within 45 days,',
+'the project is deemed to meet the criteria. if an entity contests whether the project meets the criteria, ferc is',
+'required to promptly issue a written determination as to whether the facility meets the criteria. section 4 a also expands',
+'eligibility for the existing conduit exemption to facilities with an installed capacity of up to 40 mw. section 4 b',
+'makes conforming amendments to section 405 of the public utility regulatory policies act of 1978 16 u.s.c. 2705 . section',
+'5: ferc authority to extend preliminary permit periods section 5 allows ferc to extend the term of a preliminary permit',
+'for up to 2 years, for a total of 5 years if ferc finds that the permittee has carried out',
+'activities under the permit in good faith and with reasonable diligence. section 6: promoting hydropower development at non powered dams',
+'and closed loop pumped storage projects section 6 directs ferc to study the feasibility of establishing a 2 year licensing',
+'process for hydropower development at non powered dams and closed loop pumped storage projects. the results of the program shall',
+'be reported to congress. section 7: doe study of pumped storage and potential hydropower from conduits section 7 directs the',
+'secretary of energy to complete a study of: 1 the technical flexibility and potential of certain new and existing pumped',
+'storage facilities to support intermittent renewable generation and provide grid reliability benefits; and 2 the range of opportunities for hydropower',
+'from conduits in the united states. changes in existing law made by the bill, as reported in compliance with clause',
+'3 e of rule xiii of the rules of the house of representatives, changes in existing law made by the',
+'bill, as reported, are shown as follows existing law proposed to be omitted is enclosed in black brackets, new matter',
+'is printed in italic, existing law in which no change is proposed is shown in roman : public utility regulatory',
+'policies act of 1978 title iv small hydroelectric power projects sec. 405. simplified and expeditious licensing procedures. a d exemptions',
+'from licensing requirements in certain cases. the commission may in its discretion by rule or order grant an exemption in',
+'whole or in part from the requirements including the licensing requirements of part i of the federal power act to',
+'small hydroelectric power projects having a proposed installed capacity of 5,000 10,000 kilowatts or less, on a case by case',
+'basis or on the basis of classes or categories of projects, subject to the same limitations to ensure protection for',
+'fish and wildlife as well as other environmental concerns as those which are set forth in subsections c and d',
+'of section 30 of the federal power act with respect to determinations made and exemptions granted under subsection a of',
+'such section 30 subsection b of such section 30; and subsections c and d of such section 30 shall apply',
+'with respect to actions taken and exemptions granted under this subsection. except as specifically provided in this subsection, the granting',
+'of an exemption to a project under this subsection shall in no case have the effect of waiving or limiting',
+'the application to such project of the second sentence of subsection b of this section. federal power act part i',
+'sec. 5. a each preliminary permit issued under this part shall be for the sole purpose of maintaining priority of',
+'application for a license under the terms of this act for such period or periods, not exceeding a total of',
+'three years, as in the discretion of the commission may be necessary for making examinations and surveys, for preparing maps,',
+'plans, specifications, and estimates, and for making financial arrangements. b the commission may extend the period of a preliminary permit',
+'once for not more than 2 additional years beyond the 3 years permitted by subsection a if the commission finds',
+'that the permittee has carried out activities under such permit in good faith and with reasonable diligence. c each such',
+'permit shall set forth the conditions under which priority shall be maintained. d such permits shall not be transferable, and',
+'may be canceled by order of the commission upon failure of permittees to comply with the conditions thereof or for',
+'other good cause shown after notice and opportunity for hearing. sec. 30. a except as provided in subsection b or',
+'c , the commission may grant an exemption in whole or in part from the requirements of this part, including',
+'any license requirements contained in this part, to any facility not including any dam or other impoundment constructed, operated, or',
+'maintained for the generation of electric power which the commission determines, by rule or order 1 is located on non',
+'federal lands, and 2 utilizes for such generation only the hydroelectric potential of a manmade conduit, which is operated for',
+'the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. b the',
+'commission may not grant any exemption under subsection a to any facility the installed capacity of which exceeds 15 megawatts',
+'40 megawatts in the case of a facility constructed, operated, and maintained by an agency or instrumentality of a state',
+'or local government solely for water supply for municipal purposes . a 1 a qualifying conduit hydropower facility shall not',
+'be required to be licensed under this part. 2 a any person, state, or municipality proposing to construct a qualifying',
+'conduit hydropower facility shall file with the commission a notice of intent to construct such facility. the notice shall include',
+'sufficient information to demonstrate that the facility meets the qualifying criteria. b not later than 15 days after receipt of',
+'a notice of intent filed under subparagraph a , the commission shall i make an initial determination as to whether',
+'the facility meets the qualifying criteria; and ii if the commission makes an initial determination, pursuant to clause i ,',
+'that the facility meets the qualifying criteria, publish public notice of the notice of intent filed under subparagraph a .',
+'c if, not later than 45 days after the date of publication of the public notice described in subparagraph b',
+'ii i an entity contests whether the facility meets the qualifying criteria, the commission shall promptly issue a written determination',
+'as to whether the facility meets such criteria; or ii no entity contests whether the facility meets the qualifying criteria,',
+'the facility shall be deemed to meet such criteria. 3 for purposes of this section: a the term conduit means',
+'any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water',
+'for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. b the term qualifying conduit hydropower',
+'facility means a facility not including any dam or other impoundment that is determined or deemed under paragraph 2 c',
+'to meet the qualifying criteria. c the term qualifying criteria means, with respect to a facility i the facility is',
+'constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of',
+'a non federally owned conduit; ii the facility has an installed capacity that does not exceed 5 megawatts; and iii',
+'on or before the date of enactment of the hydropower regulatory efficiency act of 2013, the facility is not licensed',
+'under, or exempted from the license requirements contained in, this part. b subject to subsection c , the commission may',
+'grant an exemption in whole or in part from the requirements of this part, including any license requirements contained in',
+'this part, to any facility not including any dam or other impoundment constructed, operated, or maintained for the generation of',
+'electric power which the commission determines, by rule or order 1 utilizes for such generation only the hydroelectric potential of',
+'a conduit; and 2 has an installed capacity that does not exceed 40 megawatts. c in making the determination under',
+'subsection a subsection b the commission shall consult with the united states fish and wildlife service and the state agency',
+'exercising administration over the fish and wildlife resources of the state in which the facility is or will be located,',
+'in the manner provided by the fish and wildlife coordination act 16 u.s.c. 661, et seq. , and shall include',
+'in any such exemption 1 d any violation of a term or condition of any exemption granted under subsection a',
+'subsection b shall be treated as a violation of a rule or order of the commission under this act.',

House Report 113-76.txt

@@ -0,0 +1,58 @@
+'house report 113 76 from the u.s. government publishing office 113th congress report house of representatives 1st session 113 76',
+'idaho wilderness water resources protection act may 17, 2013. committed to the committee of the whole house on the state',
+'of the union and ordered to be printed mr. hastings of washington, from the committee on natural resources, submitted the',
+'following r e p o r t to accompany h.r. 876 including cost estimate of the congressional budget office the',
+'committee on natural resources, to whom was referred the bill h.r. 876 to authorize the continued use of certain water',
+'diversions located on national forest system land in the frank church river of no return wilderness and the selway bitterroot',
+'wilderness in the state of idaho, and for other purposes, having considered the same, report favorably thereon without amendment and',
+'recommend that the bill do pass. purpose of the bill the purpose of h.r. 876 is to authorize the continued',
+'use of certain water diversions located on national forest system land in the frank church river of no return wilderness',
+'and the selway bitterroot wilderness in the state of idaho. background and need for legislation there are a number of',
+'water diversions within idaho wilderness areas that predate the wilderness designation. although the diversions continue to exist, owners lack authority',
+'to maintain and repair the facilities, which in some cases threatens the environment and watersheds. providing this authority will ensure',
+'that existing water diversions can be properly maintained and repaired when necessary and preserves beneficial use for private property owners',
+'who hold water rights under state law. subject to certain criteria, h.r. 867 requires the u.s. forest service to issue',
+'special use maintenance permits to owners of certain existing water systems within the frank church river of no return wilderness',
+'and the selway bitterroot wilderness in idaho. committee action h.r. 876 was introduced on february 27, 2013, by congressman michael',
+'simpson r id . the bill was referred to the committee on natural resources, and within the committee to the',
+'subcommittee on public lands and environmental regulation. on april 24, 2013, the full natural resources committee met to consider the',
+'bill. the subcommittee on public lands and environmental regulation was discharged by unanimous consent. no amendments were offered, and the',
+'bill was then adopted and ordered favorably reported to the house of representatives by unanimous consent. committee oversight findings and',
+'recommendations regarding clause 2 b 1 of rule x and clause 3 c 1 of rule xiii of the rules',
+'of the house of representatives, the committee on natural resources oversight findings and recommendations are reflected in the body of',
+'this report. compliance with house rule xiii 1. cost of legislation. clause 3 d 1 of rule xiii of the',
+'rules of the house of representatives requires an estimate and a comparison by the committee of the costs which would',
+'be incurred in carrying out this bill. however, clause 3 d 2 b of that rule provides that this requirement',
+'does not apply when the committee has included in its report a timely submitted cost estimate of the bill prepared',
+'by the director of the congressional budget office under section 402 of the congressional budget act of 1974. under clause',
+'3 c 3 of rule xiii of the rules of the house of representatives and section 403 of the congressional',
+'budget act of 1974, the committee has received the following cost estimate for this bill from the director of the',
+'congressional budget office: h.r. 876 idaho wilderness water resources protection act h.r. 876 would authorize the secretary of the agriculture',
+'to issue permits for owners to continue using certain water storage, transport, and diversion facilities in the frank church river',
+'of no return wilderness and the selway bitterroot wilderness of idaho. according to the forest service, any costs to process',
+'the permits would be paid by the permit holders. because enacting the legislation would affect net direct spending through the',
+'collection and spending of receipts , pay as you go procedures apply; however, cbo estimates that such effects would be',
+'insignificant. enacting the legislation would not affect revenues. h.r. 876 contains no intergovernmental or private sector mandates as defined in',
+'the unfunded mandates reform act and would impose no costs on state, local, or tribal governments. the cbo staff contact',
+'for this estimate is aurora swanson. the estimate was approved by theresa gullo, deputy assistant director for budget analysis. 2.',
+'section 308 a of congressional budget act. as required by clause 3 c 2 of rule xiii of the rules',
+'of the house of representatives and section 308 a of the congressional budget act of 1974, this bill does not',
+'contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. h.r.',
+'876 would authorize the secretary of the agriculture to issue permits for owners to continue using certain water storage, transport,',
+'and diversion facilities in the frank church river of no return wilderness and the selway bitterroot wilderness of idaho. according',
+'to the forest service, any costs to process the permits would be paid by the permit holders. because enacting the',
+'legislation would affect net direct spending through the collection and spending of receipts , pay as you go procedures apply;',
+'however, cbo estimates that such effects would be insignificant. 3. general performance goals and objectives. as required by clause 3',
+'c 4 of rule xiii, the general performance goal or objective of this bill is to authorize the continued use',
+'of certain water diversions located on national forest system land in the frank church river of no return wilderness and',
+'the selway bitterroot wilderness in the state of idaho. earmark statement this bill does not contain any congressional earmarks, limited',
+'tax benefits, or limited tariff benefits as defined under clause 9 e , 9 f , and 9 g of',
+'rule xxi of the rules of the house of representatives. compliance with public law 104 4 this bill contains no',
+'unfunded mandates. compliance with h. res. 5 directed rule making. the chairman does not believe that this bill directs any',
+'executive branch official to conduct any specific rule making proceedings. duplication of existing programs. this bill does not establish or',
+'reauthorize a program of the federal government known to be duplicative of another program. such program was not included in',
+'any report from the government accountability office to congress pursuant to section 21 of public law 111 139 or identified',
+'in the most recent catalog of federal domestic assistance published pursuant to the federal program information act public law 95',
+'220, as amended by public law 98 169 as relating to other programs. preemption of state, local or tribal law',
+'this bill is not intended to preempt any state, local or tribal law. changes in existing law if enacted, this',
+'bill would make no changes in existing law.',

House Report 115-141.txt

@@ -0,0 +1,315 @@
+'house report 115 141 from the u.s. government publishing office 115th congress } { report house of representatives 1st session',
+'} { 115 141 targeting child predators act of 2017 may 22, 2017. committed to the committee of the whole',
+'house on the state of the union and ordered to be printed mr. goodlatte, from the committee on the judiciary,',
+'submitted the following r e p o r t together with dissenting views to accompany h.r. 883 including cost estimate',
+'of the congressional budget office the committee on the judiciary, to whom was referred the bill h.r. 883 to amend',
+'title 18, united states code, to provide a certification process for the issuance of nondisclosure requirements accompanying certain administrative subpoenas,',
+'to provide for judicial review of such nondisclosure requirements, and for other purposes, having considered the same, report favorably thereon',
+'without amendment and recommend that the bill do pass. contents page purpose and summary 2 background and need for the',
+'legislation 2 hearings 4 committee consideration 4 committee votes 4 committee oversight findings 4 new budget authority and tax expenditures',
+'4 congressional budget office cost estimate 5 duplication of federal programs 6 disclosure of directed rule makings 6 performance goals',
+'and objectives 6 advisory on earmarks 6 section by section analysis 6 changes in existing law made by the bill,',
+'as reported 7 dissenting views 8 purpose and summary h.r. 883, the targeting child predators act, provides a mechanism for',
+'the government to prohibit the recipient of an administrative subpoena under 18 u.s.c. sec. 3486 from disclosing its existence to',
+'the target of an investigation in child exploitation cases when the law enforcement agency certifies that disclosure may result in:',
+'1 endangerment to the life or physical safety of any person; 2 flight to avoid prosecution; 3 destruction of or',
+'tampering with evidence; 4 intimidation of potential witnesses; or 5 otherwise seriously jeopardizing an investigation or unduly delaying a trial.',
+'the bill also provides judicial review so a company may challenge a non disclosure order. background and need for the',
+'legislation federal law authorizes federal agencies to use administrative subpoenas in child exploitation cases.\1\ this provision was originally enacted in',
+'1998 as part of the protection of children from sexual predators act.\2\ the use of administrative subpoenas, in lieu of',
+'grand jury subpoenas, has enhanced the fbis ability to investigate online child exploitation offenses in an expeditious manner, which is',
+'highly desirable given that those crimes involve the ongoing abuse of children. section 3486 created a speedy mechanism to identify',
+'users of electronic communication services or remote computing services. a timely method was needed because the information is extremely perishable.',
+'many private and commercial online service providers maintain records on internet usage by periods of time, sometimes two days or',
+'less. although an investigative agency can obtain grand jury subpoenas from a u.s. attorneys office in exigent circumstances on an',
+'expedited basis, more commonly, the agencys acquisition of grand jury subpoenas takes several weeks. as a result, the internet service',
+'provider is often no longer able to provide the needed information. giving authority to the united states attorneys, the assistant',
+'attorney general for the criminal division, and the fbi has facilitated the investigative process necessary to obtain information that identifies',
+'subjects and victimized children. in addition, investigative information can be particularly important in cases involving the abuse and exploitation of',
+'children. \1\see 18 u.s.c. sec. 3486. \2\pub. l. no. 105 314, 112 stat. 2984 985 1998 . 1. source and',
+'scope of subpoena authority under 18 u.s.c. sec. 3486 a the attorney general or the attorney generals designee is authorized',
+'to issue administrative subpoenas for a limited category of information in criminal investigations of pornography, sex abuse, and transportation for',
+'illegal sexual activity offenses, where the victim was under eighteen.\3\ the underlying investigation must relate to an act or activity',
+'involving a violation of certain sexual abuse crimes,\4\ when the victim was a minor who had not attained the age',
+'of eighteen years. section 3486 a 1 c limits information that a governmental entity may request from a provider of',
+'electronic communications service or remote computing provider receiving a subpoena under section 3486. the service or provider can be required',
+'to disclose only the subscriber or customers: 1 name; 2 address; 3 long distance telephone toll billing records; 4 telephone',
+'number or other subscriber identity; 5 length of service customer or subscriber utilized, which may be relevant to an authorized',
+'law enforcement inquiry.\5\ using administrative subpoenas to obtain testimony is limited to requiring a custodian of records to give testimony',
+'concerning the production and authentication of such records.\6\ administrative subpoenas issued under section 3486 may require production as soon as',
+'possible after service of the subpoena, but not less than twenty four hours after such issuance.\7\ \3\18 u.s.c. sec. 3486',
+'a . \4\18 u.s.c. sec. sec. 1201, 2241 c , 2242, 2243, 2251a, 2252, 2252a, 2260, 2421, 2422, or 2423.',
+'\5\18 u.s.c. sec. 3486 a 1 c i . \6\18 u.s.c. sec. 3486 a 1 c ii . \7\18 u.s.c.',
+'sec. 3486 a 9 . 2. applicable subpoena enforcement mechanisms the attorney general has no authority to enforce an administrative',
+'subpoena issued under 18 u.s.c. sec. 3486 a . the attorney general is permitted to invoke the aid of any',
+'court of the united states within the jurisdiction in which the investigation is carried out or of which the subpoenaed',
+'person is an inhabitant, or in which he carries on business.\8\ failure to comply with a court order may be',
+'punished by the court as contempt.\9\ \8\18 u.s.c. sec. 3486 c . \9\18 u.s.c. sec. 3486 c . 3. notification',
+'provisions and other provisions related to safeguarding privacy interests federal law provides that a governmental entity receiving records from a',
+'provider of electronic communication service or remote computing service pursuant to an administrative subpoena requesting the name, address, local and',
+'long distance telephone toll billing records, telephone number or other subscriber number or identity, and length and type of service',
+'does not have to provide notice to the subscriber.\10\ in addition, 18 u.s.c. sec. 3486 a 6 allows an entity',
+'issuing a subpoena under 3486 authority to obtain an ex parte order preventing the disclosure of the existence of the',
+'subpoena for 90 days if the court finds that there is reason to believe disclosure may result in: 1 endangerment',
+'to the life or physical safety of any person; 2 flight to avoid prosecution; 3 destruction of or tampering with',
+'evidence; or 4 intimidation of potential witnesses. this ex parte order is renewable for an additional 90 day period based',
+'on a finding that the reasons listed above continue to exist.\11\ \10\18 u.s.c. sec. 2703 c 2 . \11\18 u.s.c.',
+'sec. 3486 a 6 b and c . 4. usefulness of administrative subpoena authority pursuant to sec. 3486 a 1',
+'a i i the use of an administrative subpoena is an important tool for the investigation of child pornography and',
+'child sexual exploitation investigations. in cases in which children are at high risk and/or may be in imminent danger, the',
+'execution of an administrative subpoena allowsimmediate requests to be made to the appropriate entity. furthermore, unlike grand jury material, which',
+'is protected,\12\ information gleaned from the service of an administrative subpoena can be shared with other law enforcement entities without',
+'delay. delay could literally mean the difference between life and death for a child. in contrast, the disclosure limitations placed',
+'on investigators using grand jury subpoenas may not allow investigators to share information necessary to the location and apprehension of',
+'violent child sexual predators. \12\see fed. r. crim. p. 6 e . the purpose of the administrative subpoena in this',
+'sphere is to obtain information as expeditiously as possible. indeed, congress authorized these subpoenas so agents could gather information without',
+'the delay of applying for a court order. currently, there is no mechanism to prevent an electronic communications service or',
+'remote computing provider from notifying the investigation target that the government has sought their subscriber information and toll records without',
+'going through the courts. as of now, the only option is to seek a court order under 18 u.s.c. sec.',
+'sec. 2705 b or 3486, both of which require court approval, which of course defeats the purpose of allowing that',
+'limited, non content 2703 c 2 information to be provided to the government efficiently with an administrative subpoena. hearings the',
+'committee on the judiciary held no hearings on h.r. 883, but did hold a hearing on the subject of combating',
+'crimes against children on march 16, 2017. committee consideration on april 27, 2017, the committee met in open session and',
+'ordered the bill, h.r. 883, favorably reported, without amendment, by voice vote, a quorum being present. committee votes in compliance',
+'with clause 3 b of rule xiii of the rules of the house of representatives, the committee advises that no',
+'roll call votes occurred during the committees consideration of h.r. 883. committee oversight findings in compliance with clause 3 c',
+'1 of rule xiii of the rules of the house of representatives, the committee advises that the findings and recommendations',
+'of the committee, based on oversight activities under clause 2 b 1 of rule x of the rules of the',
+'house of representatives, are incorporated in the descriptive portions of this report. new budget authority and tax expenditures clause 3',
+'c 2 of rule xiii of the rules of the house of representatives is inapplicable because this legislation does not',
+'provide new budgetary authority or increased tax expenditures. congressional budget office cost estimate in compliance with clause 3 c 3',
+'of rule xiii of the rules of the house of representatives, the committee sets forth, with respect to the bill,',
+'h.r. 115, the following estimate and comparison prepared by the director of the congressional budget office under section 402 of',
+'the congressional budget act of 1974: u.s. congress, congressional budget office, washington, dc, april 26, 2017. hon. bob goodlatte, chairman,',
+'committee on the judiciary, house of representatives, washington, dc. dear mr. chairman: the congressional budget office has prepared the enclosed',
+'cost estimate for h.r. 883, the targeting child predators act of 2017. if you wish further details on this estimate,',
+'we will be pleased to provide them. the cbo staff contact is robert reese, who can be reached at 226',
+'2860. sincerely, keith hall. enclosure cc: honorable john conyers, jr. ranking member h.r. 883 targeting child predators act of 2017',
+'as ordered reported by the house committee on the judiciary on march 22, 2017 h.r. 883 would amend the current',
+'process for issuing nondisclosure requirements for subpoenas in certain cases of child exploitation. under current law, a formal court order',
+'is needed for such nondisclosure requirements. under the bill, a nondisclosure requirement could be placed on a subpoena if the',
+'subpoena is issued concurrently with a certification that disclosure of the summons could have certain adverse consequences on the defendant',
+'or the trial; a formal court order would no longer be necessary. based on an analysis of information provided by',
+'the administrative office of the u.s. courts on the number of cases that would be affected by the bill, cbo',
+'estimates that implementing h.r. 883 would have no significant effect on the federal budget. enacting h.r. 883 would not affect',
+'direct spending or revenues; therefore, pay as you go procedures do not apply. cbo estimates that enacting h.r. 883 would',
+'not increase net direct spending or on budget deficits in any of the four consecutive 10 year periods beginning in',
+'2028. h.r. 883 contains no intergovernmental or private sector mandates as defined in the unfunded mandates reform act and would',
+'impose no costs on state, local, or tribal governments. the cbo staff contact for this estimate is robert reese. the',
+'estimate was approved by h. samuel papenfuss, deputy assistant director for budget analysis. duplication of federal programs no provision of',
+'h.r. 883 establishes or reauthorizes a program of the federal government known to be duplicative of another federal program, a',
+'program that was included in any report from the government accountability office to congress pursuant to section 21 of public',
+'law 111 139, or a program related to a program identified in the most recent catalog of federal domestic assistance.',
+'disclosure of directed rule makings the committee estimates that h.r. 883 specifically directs to be completed no specific rule makings',
+'within the meaning of 5 u.s.c. sec. 551. performance goals and objectives the committee states that pursuant to clause 3',
+'c 4 of rule xiii of the rules of the house of representatives, h.r. 883, the targeting child predators act,',
+'prohibits the recipient of an administrative subpoena under 18 u.s.c. sec. 3486 from disclosing its existence to the target of',
+'an investigation when the government certifies that disclosure may result in: 1 endangerment to the life or physical safety of',
+'any person; 2 flight to avoid prosecution; 3 destruction of or tampering with evidence; 4 intimidation of potential witnesses; or',
+'5 otherwise seriously jeopardizing an investigation or unduly delaying a trial. the bill also provides judicial review so a company',
+'may challenge a non disclosure order. advisory on earmarks in accordance with clause 9 of rule xxi of the rules',
+'of the house of representatives, h.r. 883 does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits',
+'as defined in clause 9 e , 9 f , or 9 g of rule xxi. section by section analysis',
+'section 1. short title. this section cites the short title of the bill as the targeting child predators act of',
+'2017. section 2. nondisclosure of administrative subpoenas. this section provides that if federal officials with administrative subpoena power make a',
+'certification that disclosure may result in: 1 endangerment to the life or physical safety of any person; 2 flight to',
+'avoid prosecution; 3 destruction of or tampering with evidence; 4 intimidation of potential witnesses; or 5 otherwise seriously jeopardizing an',
+'investigation or unduly delaying a trial, then providers of electronic communication services or remote computer services may not disclose the',
+'existence of the subpoena for 180 days. section 3. judicial review of nondisclosure requirements. this section provides a mechanism for',
+'judicial review for the provider to demand the government to begin judicial review proceedings or to challenge the subpoenas non',
+'disclosure requirement itself. changes in existing law made by the bill, as reported in compliance with clause 3 e of',
+'rule xiii of the rules of the house of representatives, changes in existing law made by the bill, as reported,',
+'are shown as follows existing law proposed to be omitted is enclosed in black brackets, new matter is printed in',
+'italics, and existing law in which no change is proposed is shown in roman : title 18, united states code',
+'part ii criminal procedure chapter 223 witnesses and evidence sec. 3481. competency of accused. 3486a. judicial review of nondisclosure requirements.',
+'sec. 3486. administrative subpoenas a authorization. 1 a in any investigation of i i a federal health care offense; or',
+'ii a federal offense involving the sexual exploitation or abuse of children, the attorney general; ii an unregistered sex offender',
+'conducted by the united states marshals service, the director of the united states marshals service; or iii an offense under',
+'section 871 or 879, or a threat against a person protected by the united states secret service under paragraph 5',
+'or 6 of section 3056, if the director of the secret service determines that the threat constituting the offense or',
+'the threat against the person protected is imminent, the secretary of the treasury the secretary of homeland security, may issue',
+'in writing and cause to be served a subpoena requiring the production and testimony described in subparagraph b . b',
+'except as provided in subparagraph c , a subpoena issued under subparagraph a may require i the production of any',
+'records or other things relevant to the investigation; and ii testimony by the custodian of the things required to be',
+'produced concerning the production and authenticity of those things. c a subpoena issued under subparagraph a with respect to a',
+'provider of electronic communication service or remote computing service, in an investigation of a federal offense involving the sexual exploitation',
+'or abuse of children shall not extend beyond i requiring that provider to disclose the information specified in section 2703',
+'c 2 , which may be relevant to an authorized law enforcement inquiry; or ii requiring a custodian of the',
+'records of that provider to give testimony concerning the production and authentication of such records or information. d as used',
+'in this paragraph i the term federal offense involving the sexual exploitation or abuse of children means an offense under',
+'section 1201, 1591, 2241 c , 2242, 2243, 2251, 2251a, 2252, 2252a, 2260, 2421, 2422, or 2423, in which the',
+'victim is an individual who has not attained the age of 18 years; and ii the term sex offender means',
+'an individual required to register under the sex offender registration and notification act 42 u.s.c. 16901 et seq. . 2',
+'a subpoena under this subsection shall describe the objects required to be produced and prescribe a return date within a',
+'reasonable period of time within which the objects can be assembled and made available. 3 the production of records relating',
+'to a federal health care offense shall not be required under this section at any place more than 500 miles',
+'distant from the place where the subpoena for the production of such records is served. the production of things in',
+'any other case may be required from any place within the united states or subject to the laws or jurisdiction',
+'of the united states. 4 witnesses subpoenaed under this section shall be paid the same fees and mileage that are',
+'paid witnesses in the courts of the united states. 5 at any time before the return date specified in the',
+'summons, the person or entity summoned may, in the united states district court for the district in which that person',
+'or entity does business or resides, petition for an order modifying or setting aside the summons, or a prohibition of',
+'disclosure ordered by a court under paragraph 6 . 6 a a united states district court for the district in',
+'which the summons is or will be served, upon application of the united states, may issue an ex parte order',
+'that no person or entity disclose to any other person or entity other than to an attorney in order to',
+'obtain legal advice the existence of such summons for a period of up to 90 days. b such order may',
+'be issued on a showing that the things being sought may be relevant to the investigation and there is reason',
+'to believe that such disclosure may result in i endangerment to the life or physical safety of any person; ii',
+'flight to avoid prosecution; iii destruction of or tampering with evidence; or iv intimidation of potential witnesses. c an order',
+'under this paragraph may be renewed for additional periods of up to 90 days upon a showing that the circumstances',
+'described in subparagraph b continue to exist. 6 a i if a subpoena issued under this section is accompanied by',
+'a certification under clause ii and notice of the right to judicial review under subparagraph c , no recipient of',
+'a subpoena under this section shall disclose to any person that the federal official who issued the subpoena has sought',
+'or obtained access to information or records under this section, for a period of 180 days. ii the requirements of',
+'clause i shall apply if the federal official who issued the subpoena certifies that the absence of a prohibition of',
+'disclosure under this subsection may result in i endangering the life or physical safety of an individual; ii flight from',
+'prosecution; iii destruction of or tampering with evidence; iv intimidation of potential witnesses; or v otherwise seriously jeopardizing an investigation',
+'or unduly delaying a trial. b i a recipient of a subpoena under this section may disclose information otherwise subject',
+'to any applicable nondisclosure requirement to i those persons to whom disclosure is necessary in order to comply with the',
+'request; ii an attorney in order to obtain legal advice or assistance regarding the request; or iii other persons as',
+'permitted by the federal official who issued the subpoena. ii a person to whom disclosure is made under clause i',
+'shall be subject to the nondisclosure requirements applicable to a person to whom a subpoena is issued under this section',
+'in the same manner as the person to whom the subpoena was issued. iii any recipient that discloses to a',
+'person described in clause i information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure',
+'requirement. iv at the request of the federal official who issued the subpoena, any person making or intending to make',
+'a disclosure under subclause i or iii of clause i shall identify to the individual making the request under this',
+'clause the person to whom such disclosure will be made or to whom such disclosure was made prior to the',
+'request. c i a nondisclosure requirement imposed under subparagraph a shall be subject to judicial review under section 3486a. ii',
+'a subpoena issued under this section, in connection with which a nondisclosure requirement under subparagraph a is imposed, shall include',
+'notice of the availability of judicial review described in clause i . d a nondisclosure requirement imposed under subparagraph a',
+'may be extended in accordance with section 3486a a 4 . 7 a summons issued under this section shall not',
+'require the production of anything that would be protected from production under the standards applicable to a subpoena duces tecum',
+'issued by a court of the united states. 8 if no case or proceeding arises from the production of records',
+'or other things pursuant to this section within a reasonable time after those records or things are produced, the agency',
+'to which those records or things were delivered shall, upon written demand made by the person producing those records or',
+'things, return them to that person, except where the production required was only of copies rather than originals. 9 a',
+'subpoena issued under paragraph 1 a i ii or 1 a iii may require production as soon as possible, but',
+'in no event less than 24 hours after service of the subpoena. 10 as soon as practicable following the issuance',
+'of a subpoena under paragraph 1 a iii , the secretary of the treasury the secretary of homeland security shall',
+'notify the attorney general of its issuance. b service. a subpoena issued under this section may be served by any',
+'person who is at least 18 years of age and is designated in the subpoena to serve it. service upon',
+'a natural person may be made by personal delivery of the subpoena to him. service may be made upon a',
+'domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common',
+'name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized',
+'by appointment or by law to receive service of process. the affidavit of the person serving the subpoena entered on',
+'a true copy thereof by the person serving it shall be proof of service. c enforcement. in the case of',
+'contumacy by or refusal to obey a subpoena issued to any person, the attorney general may invoke the aid of',
+'any court of the united states within the jurisdiction of which the investigation is carried on or of which the',
+'subpoenaed person is an inhabitant, or in which he carries on business or may be found, to compel compliance with',
+'the subpoena. the court may issue an order requiring the subpoenaed person to appear before the attorney general to produce',
+'records, if so ordered, or to give testimony concerning the production and authentication of such records. any failure to obey',
+'the order of the court may be punished by the court as a contempt thereof. all process in any such',
+'case may be served in any judicial district in which such person may be found. d immunity from civil liability.',
+'notwithstanding any federal, state, or local law, any person, including officers, agents, and employees, receiving a subpoena under this section,',
+'who complies in good faith with the subpoena and thus produces the materials sought, shall not be liable in any',
+'court of any state or the united states to any customer or other person for such production or for nondisclosure',
+'of that production to the customer. e limitation on use. 1 health information about an individual that is disclosed under',
+'this section may not be used in, or disclosed to any person for use in, any administrative, civil, or criminal',
+'action or investigation directed against the individual who is the subject of the information unless the action or investigation arises',
+'out of and is directly related to receipt of health care or payment for health care or action involving a',
+'fraudulent claim related to health; or if authorized by an appropriate order of a court of competent jurisdiction, granted after',
+'application showing good cause therefor. 2 in assessing good cause, the court shall weigh the public interest and the need',
+'for disclosure against the injury to the patient, to the physician patient relationship, and to the treatment services. 3 upon',
+'the granting of such order, the court, in determining the extent to which any disclosure of all or any part',
+'of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure. sec. 3486a. judicial review of nondisclosure requirements a',
+'nondisclosure. 1 in general. a notice. if a recipient of a subpoena under section 3486 wishes to have a court',
+'review a nondisclosure requirement imposed in connection with the subpoena, the recipient may notify the government or file a petition',
+'for judicial review in any court described in subsection a 5 of section 3486. b application. not later than 30',
+'days after the date of receipt of a notification under subparagraph a , the government shall apply for an order',
+'prohibiting the disclosure of the existence or contents of the relevant subpoena. an application under this subparagraph may be filed',
+'in the district court of the united states for the judicial district in which the recipient of the subpoena is',
+'doing business or in the district court of the united states for any judicial district within which the authorized investigation',
+'that is the basis for the subpoena is being conducted. the applicable nondisclosure requirement shall remain in effect during the',
+'pendency of proceedings relating to the requirement. c consideration. a district court of the united states that receives a petition',
+'under subparagraph a or an application under subparagraph b should rule expeditiously, and shall, subject to paragraph 3 , issue',
+'a nondisclosure order that includes conditions appropriate to the circumstances. 2 application contents. an application for a nondisclosure order or',
+'extension thereof or a response to a petition filed under paragraph 1 shall include a certification from the federal official',
+'who issued the subpoena indicating that the absence of a prohibition of disclosure under this subsection may result in a',
+'endangering the life or physical safety of an individual; b flight from prosecution; c destruction of or tampering with evidence;',
+'d intimidation of potential witnesses; or e otherwise seriously jeopardizing an investigation or unduly delaying a trial. 3 standard. a',
+'district court of the united states shall issue a nondisclosure order or extension thereof under this subsection if the court',
+'determines that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable',
+'time period may result in a endangering the life or physical safety of an individual; b flight from prosecution; c',
+'destruction of or tampering with evidence; d intimidation of potential witnesses; or e otherwise seriously jeopardizing an investigation or unduly',
+'delaying a trial. 4 extension. upon a showing that the circumstances described in subparagraphs a through e of paragraph 3',
+'continue to exist, a district court of the united states may issue an ex parte order extending a nondisclosure order',
+'imposed under this subsection or under section 3486 a 6 a for additional periods of 180 days, or, if the',
+'court determines that the circumstances necessitate a longer period of nondisclosure, for additional periods which are longer than 180 days.',
+'b closed hearings. in all proceedings under this section, subject to any right to an open hearing in a contempt',
+'proceeding, the court must close any hearing to the extent necessary to prevent an unauthorized disclosure of a request for',
+'records, a report, or other information made to any person or entity under section 3486. petitions, filings, records, orders, certifications,',
+'and subpoenas must also be kept under seal to the extent and as long as necessary to prevent the unauthorized',
+'disclosure of a subpoena under section 3486. dissenting views h.r. 883, the targeting child predators act of 2017, would modify',
+'the process by which the u.s. attorney general, the director of the u.s. states marshals service, and the secretary of',
+'homeland security issue administrative subpoenas by eliminating the need to obtain a court order, requiring nondisclosure of the existence of',
+'a subpoena, and extending the initial period of nondisclosure from 90 days to 180 days. we believe that the requirement',
+'that a judge approve such nondisclosure orders prior to their issuance is an important check on the potential abuse of',
+'these orders. as h.r. 883 fails to provide for this critical check, we respectfully dissent and accordingly urge our colleagues',
+'to oppose this legislation when it comes to the floor. description and background description section 2 of the bill amends',
+'section 3486 a of title 18 of the united states code, which sets out the process by which the u.s.',
+'attorney general, the director of the u.s. marshals service, and the secretary of homeland security issue administrative subpoenas. as amended,',
+'section 3486 a would: 1 eliminate the portion of the statute requiring a federal official requesting the subpoena to apply',
+'to a united states district court for an ex parte order of nondisclosure; 2 make the nondisclosure requirement subject to',
+'judicial review; and 3 increase the current nondisclosure period from 90 days to 180 days. a subpoena issued under this',
+'provision would impose a nondisclosure requirement on the recipient, without application to a judge, if the subpoena is accompanied by',
+'a notice of the right to judicial review and a certification that disclosure may result in endangering the life or',
+'safety of a person, flight from prosecution, destruction of or tampering with evidence, intimidation of potential witnesses, or otherwise seriously',
+'jeopardize an investigation or unduly delay a trial. recipients of subpoenas may disclose information to persons necessary to comply with',
+'the subpoena, such as an attorney in order to obtain advice or assistance, or other persons allowed by the issuer',
+'of the subpoena. section 3 of the bill establishes the procedure for obtaining judicial review of nondisclosure requirements imposed in',
+'administrative subpoenas under section 3486. a recipient of a subpoena may notify the government or file a petition for judicial',
+'review of a nondisclosure order in a district court where the person resides or business is conducted. no later than',
+'30 days after the notice is received, the government must apply for an order prohibiting disclosure of the existence or',
+'contents of the subpoena. the application must include a certification alleging that disclosure may result in: endangering the life or',
+'physical safety of an individual; flight from prosecution; destruction of or tampering with evidence; and intimidation of potential witnesses; or',
+'otherwise seriously jeopardizing an investigation or unduly delaying a trial. a u.s. district court judge must issue a nondisclosure order',
+'or extension if he or she determines that there is reason to believe that disclosure will result in the occurrence',
+'of any of the aforementioned circumstances. extensions may be granted for 180 days or longer if the circumstances require a',
+'longer period of nondisclosure. the proceedings must be closed to the extent necessary to prevent disclosure of information under section',
+'3486 and all filings, records, orders, certifications, and the like must be kept under seal. a clerical amendment is made',
+'to the table of sections to correspond with the addition of section 3486a. background as provided in section 3486, administrative',
+'subpoena authority is the power granted to certain federal agencies to compel, without judicial approval, the production of records and',
+'testimony of the custodian of such records about their authenticity relevant to an investigation. with the required showing of relevance,',
+'an administrative subpoena, which is more limited in scope of what may be compelled to be produced, is not subject',
+'to the fourth amendments probable cause requirement.\1\ such subpoenas give the government agencies authorized to use them as an investigative',
+'tool, similar to that used by grand juries, to investigate alleged violations of the law.\2\ although agencies do not need',
+'probable cause to issue a subpoena, judicial review is intended to prevent agencies from abusing their subpoena power.\3\ in fact,',
+'an administrative subpoena begins an adversarial process that permits judicial review of the subpoenas reasonableness.\4\ \1\u.s. v. powell, 379 u.s.',
+'48, 57 1964 ; see sec v. jerry t. obrien, inc., 467 u.s. 735, 741 42 1984 holding that the',
+'standards set in powell govern all administrative subpoenas . \2\office of legal policy, u.s. dept of justice, report to congress',
+'on the use of administrative subpoena authorities by executive branch agencies and entities 35 2002 hereinafter doj report. \3\id. at',
+'9. \4\18 u.s.c. sec. 3486 a 5 2017 . the attorney general is given this authority with respect to the',
+'investigations of health care offenses and offenses involving the sexual exploitation or abuse of children. a subpoena issued by the',
+'attorney general pursuant to section 3486, to a provider of electronic communication service or remote computing service, in an investigation',
+'of a federal offense involving the sexual exploitation or abuse of children is limited by section 2703 of title 18,',
+'and the contents of the subpoena must not extend beyond requiring the provider to disclose information specified in section 2703',
+'c 2 .\5\ the u.s. marshals service is authorized to issue administrative subpoenas in tracking unregistered sex offenders and the',
+'secret service is given this authority with respect to investigating imminent threats against those whom they protect. \5\a provider of',
+'electronic communication service or remote computing service shall disclose to a governmental entity: name, address, telephone records, length and type',
+'of service used, telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address, and',
+'means and source of payment, of a subscriber or customer when the entity uses an administrative subpoena authorized by a',
+'federal statute. upon application of the united states attorney general, u.s. marshals service, or secret service , a u.s. district',
+'court may issue an order of nondisclosure of the existence of the subpoena for a period of up to 90',
+'days if disclosure may result in endangerment to a persons life or safety; flight to avoid prosecution; destruction of or',
+'tampering with evidence; or intimidation of potential witnesses. the order may be extended for additional 90 day periods if such',
+'circumstances persist.\6\ \6\18 u.s.c. sec. 3486 a 6 a 2017 . in the context of protecting children from predators, h.r.',
+'883 seeks to strengthen the ability of law enforcement to seek out, locate, and prosecute online sex offenders. law enforcement',
+'investigators may obtain the internet protocol ip address of individuals suspected of exchanging or distributing child pornography, enticing children, or',
+'otherwise committing child sexual exploitation crimes online. law enforcement investigators may also subpoena internet service providers isps for the user',
+'information attached to the ip address. unless notice to customers is delayed by a nondisclosure order, isps might inform the',
+'user of the law enforcement inquiry, allowing the user to wipe their accounts and delete potentially incriminating evidence. h.r. 883',
+'would eliminate judicial review prior to the issue of nondisclosure orders and require that recipients wait 180 days before disclosing',
+'to a user that their information was requested by law enforcement. this change would apply to all agencies authorized to',
+'issue such subpoenas pursuant to section 3486, i.e., the attorney general, the u.s. marshals service, and the u.s. secret service.',
+'concern with h.r. 883 h.r. 883 eliminates the requirement that officials requesting the subpoenas apply to a judge for a',
+'nondisclosure order. the requirement that a judge issue a nondisclosure order helps ensure that the government pursues such orders only',
+'when they are truly necessary. although a recipient of such a subpoena may challenge the nondisclosure order in court, the',
+'absence of judicial oversight or review at the front end may lead to governmental abuse of this authority. particularly in',
+'the online context, companies are doing more to give notice to customers as to the governments investigative requests for their',
+'information, so eliminating judicial oversight or prior judicial review harms a benefit that companies believe customers desire. conclusion federal law',
+'grants certain agencies the authority to issue administrative subpoenas only under certain circumstances because of the extraordinary nature of allowing',
+'these agencies to compel the production of records pursuant to a standard less demanding than probable cause. although well intended,',
+'h.r. 883 unwisely eliminates an important protection that helps prevent abuse of administrative subpoenas. we believe current law strikes the',
+'right balance by requiring a judge to approve the inclusion of a nondisclosure order with administrative subpoenas. accordingly, we oppose',
+'h.r. 1039 and we urge our colleagues to join us in opposition. mr. conyers, jr. ms. lofgren. ms. jackson lee.',
+'mr. johnson, jr. mr. gutierrez. ms. bass. mr. richmond. mr. jeffries. all',

House Report 115-31.txt

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+'house report 115 31 from the u.s. government publishing office 115th congress } { report house of representatives 1st session',
+'} { 115 31 to require the administrator of the federal emergency management agency to submit a report regarding certain',
+'plans regarding assistance to applicants and grantees during the response to an emergency or disaster march 9, 2017. committed to',
+'the committee of the whole house on the state of the union and ordered to be printed mr. shuster, from',
+'the committee on transportation and infrastructure, submitted the following r e p o r t to accompany h.r. 1117 including',
+'cost estimate of the congressional budget office the committee on transportation and infrastructure, to whom was referred the bill h.r.',
+'1117 to require the administrator of the federal emergency management agency to submit a report regarding certain plans regarding assistance',
+'to applicants and grantees during the response to an emergency or disaster, having considered the same, report favorably thereon with',
+'an amendment and recommend that the bill as amended do pass. contents page purpose of legislation 2 background and need',
+'for legislation 2 hearings 4 legislative history and consideration 5 committee votes 5 committee oversight findings 6 new budget authority',
+'and tax expenditures 6 congressional budget office cost estimate 6 performance goals and objectives 7 advisory of earmarks 7 duplication',
+'of federal programs 7 disclosure of directed rule makings 7 federal mandate statement 7 preemption clarification 8 advisory committee statement',
+'8 applicability of legislative branch 8 section by section analysis of legislation 8 changes in existing law made by the',
+'bill, as reported 8 the amendment is as follows: strike all after the enacting clause and insert the following: section',
+'1. action plan to improve field transition. a in general. not later than 90 days after the date of enactment',
+'of this act, the administrator of the federal emergency management agency fema shall report to the committee on transportation and',
+'infrastructure of the house of representatives and the committee on homeland security and governmental affairs of the senate regarding the',
+'plans the agency will undertake to provide the following: 1 consistent guidance to applicants on fema disaster funding procedures during',
+'the response to an emergency or disaster. 2 appropriate record maintenance and transfer of documents to new teams during staff',
+'transitions. 3 accurate assistance to applicants and grantees to ease the administrative burden throughout the process of obtaining and monitoring',
+'assistance. b maintaining records. the report shall also include a plan for implementing operating procedures and document retention requirements to',
+'ensure the maintenance of appropriate records throughout the lifecycle of the emergency or disaster. c new technologies. finally, the report',
+'shall identify new technologies that further aid the disaster workforce in partnering with state, local, and tribal governments and private',
+'nonprofits in the wake of a disaster or emergency to educate, assist, and inform applicants on the status of their',
+'emergency or disaster assistance applications and projects. purpose of legislation h.r. 1117, as amended, would require the administrator of the',
+'federal emergency management agency fema to submit a report regarding the development of an action plan relating to guidance provided',
+'to disaster assistance applicants and grantees, the transition of field personnel, maintenance of records, and the use of technology to',
+'facilitate the delivery of assistance and ease the administrative burden. background and need for legislation federal emergency management agency: history',
+'fema was established in 1979 by executive order 12148 by president jimmy carter in response to a number of massive',
+'disasters in the 1960s and 1970s. as a result of states trying to manage these disasters, the national governors association',
+'and others made a proposal to streamline and cut the number of agencies states were required to work with following',
+'a disaster. prior to the creation of fema, the federal governments emergency response mechanisms were scattered among many agencies throughout',
+'government. the creation of fema helped to centralize these authorities and the coordination of the federal governments response to a',
+'disaster. the disaster relief act of 1974 p.l. 93 288 , which constituted the statutory authority for most federal disaster',
+'response activities, especially of fema, was later amended by the robert t. stafford disaster relief and emergency assistance act, also',
+'known as the stafford act p.l. 100 707 . following more than two decades as an independent agency, the homeland',
+'security act of 2002 p.l. 107 296 created the department of homeland security dhs , placed fema within dhs, and',
+'femas functions were dispersed among various offices and directorates within dhs. in 2006, following hurricanes katrina and rita and the',
+'subsequent intensive congressional investigations and oversight, congress enacted the post katrina emergency management reform act of 2006 pkemra p.l. 109',
+'295 , which addresses key response roles and authorities and put fema back together again within dhs. pkemra authorized the',
+'national preparedness system and fema for the first time in legislation. most recently, congress enacted the sandy recovery improvement act',
+'sria p.l. 113 2 , on january 29, 2013, in the wake of hurricane sandys impact to the east coast.',
+'sria provided additional authorities to expedite and streamline hurricane sandy recovery efforts, reduce costs, and improve the effectiveness of several',
+'disaster assistance programs authorized by the stafford act. disaster response and recovery when the president declares a major disaster or',
+'emergency, the official declaration triggers certain federal response authorities and financial disaster assistance. in particular, when a declaration is made,',
+'the president is authorized to direct any federal agency, with or without reimbursement, to assist state, tribal, and local governments',
+'and protect life and property. fema is responsible for coordinating federal agency response and ensuring the necessary federal capabilities are',
+'deployed at the appropriate place and time in support of state, tribal, and local response efforts. in addition, fema provides',
+'direct support and financial assistance to states, tribes, and local governments and individuals as authorized under the stafford act. a',
+'significant portion of femas response and recovery capabilities resides in its reservist\1\ workforce and cadre of on call response/recovery employees',
+'cores .\2\ fema reservist and core personnel predominantly makes up femas disaster workforce, providing services at fema headquarters, regional offices,',
+'and disaster joint field offices, in the immediate lead up to, during, and after an emergency or major disaster. \1\fema',
+'reservists are a type of incident management responder, hired under the stafford act as temporary, intermittent employees. they are a',
+'significant fema incident management work component, staffing joint field offices and other activities. these employees, when listed as available, can',
+'deploy to perform disaster field activities directly related to specific disasters, emergencies, projects, or activities of a non continuous nature.',
+'reservists are a necessary augmentation of permanent full time staffing. source: https://www.fema.gov/reservist program \2\fema core employees are hired under the',
+'stafford act to work for a specific, limited period and function. fema core employees may be renewed if there is',
+'ongoing disaster work and funding is available. source: https://careers.fema.gov/cadre call responserecovery h.r. 1117 improving field transitions and requiring consistent guidance',
+'despite disaster investigations, multiple office of inspector general and general accountability office reports, and amended legislative authorities, the committee continues',
+'to hear about challenges with femas disaster workforce. state, tribal, and local emergency managers raise concerns about frequent turnover, the',
+'loss of paperwork, and inconsistent guidance which results in project delays, increased administrative expenses, frustration, and, in the worst cases,',
+'the loss of recovery funds that are ultimately recouped by fema. fema has implemented several new technologies for its full',
+'time managers and staff, but it does not appear that the same efforts have been undertaken for field and temporary',
+'disaster response and recovery personnel and its disaster workforce. h.r. 1117, as amended, requires the administrator to develop an action',
+'plan for issuing consistent guidance to applicants, ensuring the maintenance of appropriate records, and easing the administrative burden of obtaining',
+'and monitoring assistance from fema. fema must articulate an action plan for implementing proper operating procedures and document retention requirements',
+'in the field to ensure the maintenance of appropriate records throughout the lifecycle of the disaster. finally, fema must identify',
+'new technologies that would further aid the disaster workforce in partnering with state, local and tribal governments and private non',
+'profits in the wake of a disaster or emergency. in august of 2013, central missouri experienced flooding, straight line winds,',
+'and storms and consequently, received a federal disaster declaration. in the years that have followed, recovery has been slowed by',
+'numerous, unorganized transitions of fema personnel, lost paperwork by fema personnel, and conflicting information from state and federal officials. several',
+'major recovery projects still continue to languish. the intent of the requirements in this bill is to improve the efficiency',
+'of response and recovery operations and to improve the interaction between fema and state, tribal, and local grantees. in recent',
+'storms, including hurricane matthew and flooding and tornadoes, the committee is aware of challenges related to guidance provided to local',
+'governments on debris removal, emergency protective measures, and the construction of temporary facilities. specifically, the lack of consistent guidance and',
+'direction given to communities on debris removal continues to be cited as a significant obstacle to recovery. the agencys report',
+'should include how fema will provide detailed, consistent guidance to applicants and sub applicants at each stage of a disaster,',
+'from initial response to recovery, to speed community recovery and improve the efficiency of the delivery of disaster assistance. the',
+'committee expects the report to detail how the agency will provide consistent guidance and accurate information following a disaster. specifically,',
+'it should address how fema will improve disaster field operations and staff transitions by: providing consistent guidance to applicants on',
+'fema disaster funding procedures during the response to an emergency or disaster, including debris removal, emergency protective measures and temporary',
+'structures. conducting appropriate record maintenance and transfer of documents to new teams during staff transitions. providing accurate assistance to applicants',
+'and grantees to ease the administrative burden throughout the process of obtaining and monitoring assistance. implementing operating procedures and document',
+'retention requirements to ensure the maintenance of appropriate records throughout the lifecycle of the disaster. identifying new technologies that further',
+'aid the disaster workforce in partnering with state, local, and tribal governments and private nonprofits in the wake of a',
+'disaster to educate, assist, and inform applicants on the status of their disaster assistance applications. hearings the subcommittee on economic',
+'development, public buildings, and emergency management, held the following hearings and roundtable discussions on subjects related to matters contained in',
+'h.r. 1117, as amended, during the 114th congress: rebuilding after the storm: lessening impacts and speeding recovery held on january',
+'27, 2015. the purpose of the hearing was to launch an assessment of the rising costs of disasters, the cost',
+'effectiveness of disaster assistance, strategies to reduce disaster losses, and the appropriate roles of government and the private sector, and',
+'to consider reforms to save lives through improved alert and warning systems and search and rescue. what is driving the',
+'increasing costs and rising losses from disasters? held on march 18, 2015. the purpose of the roundtable was to examine',
+'and discuss data related to disaster costs, the trends observed over time, and the projections for the future given the',
+'policies in place today. the state of pennsylvania and fema region iii are leaders in mitigating disaster costs and losses',
+'held on may 28, 2015. the purpose of the roundtable was to examine disaster costs and losses, focus on hazards',
+'impacting pennsylvania and the region, and identify best practices for mitigating and avoiding disaster impacts. federal disaster assistance: roles, programs',
+'and coordination held on june 17, 2015. the purpose of the roundtable was to examine and discuss federal disaster assistance',
+'programs, the requirements and effectiveness of those programs, and coordination among various agencies and stakeholders. controlling the rising cost of',
+'federal responses to disaster held on may 12, 2016. the purpose of the hearing was to begin exploring potential solutions',
+'and the principles that should be driving solutions to lower the overall costs of disasters and to help avoid devastating',
+'losses. legislative history and consideration on february 16, 2017, representative vicky hartzler r mo introduced h.r. 1117, a bill to',
+'require the administrator of the federal emergency management agency to submit a report on certain plans regarding assistance to applicants',
+'and grantees during the response to an emergency or disaster. on february 28, 2017, the committee on transportation and infrastructure',
+'met in open session to consider h.r. 1117. the committee considered and adopted one amendment by voice vote a technical',
+'amendment offered by subcommittee chairman lou barletta r pa . the committee ordered the bill, as amended, reported favorably to',
+'the house by voice vote with a quorum present. committee votes clause 3 b of rule xiii of the rules',
+'of the house of representatives requires each committee report to include the total number of votes cast for and against',
+'on each record vote on a motion to report and on any amendment offered to the measure or matter, and',
+'the names of those members voting for and against. there were no recorded votes taken in connection with consideration of',
+'h.r. 1117, as amended, or ordering the measure reported. a motion to order h.r. 1117, as amended, reported favorably to',
+'the house was agreed to by voice vote with a quorum present. committee oversight findings with respect to the requirements',
+'of clause 3 c 1 of rule xiii of the rules of the house of representatives, the committees oversight findings',
+'and recommendations are reflected in this report. new budget authority and tax expenditures clause 3 c 2 of rule xiii',
+'of the rules of the house of representatives does not apply where a cost estimate and comparison prepared by the',
+'director of the congressional budget office under section 402 of the congressional budget act of 1974 has been timely submitted',
+'prior to the filing of the report and is included in the report. such a cost estimate is included in',
+'this report. congressional budget office cost estimate with respect to the requirement of clause 3 c 3 of rule xiii',
+'of the rules of the house of representatives and section 402 of the congressional budget act of 1974, the committee',
+'has received the enclosed cost estimate for h.r. 1117, as amended, from the director of the congressional budget office: u.s.',
+'congress, congressional budget office, washington, dc, march 6, 2017. hon. bill shuster, chairman, committee on transportation and infrastructure, house of',
+'representatives, washington, dc. dear mr. chairman: the congressional budget office has prepared the enclosed cost estimate for h.r. 1117, a',
+'bill to require the administrator of the federal emergency management agency to submit a report regarding certain plans regarding assistance',
+'to applicants and grantees during the response to an emergency or disaster. if you wish further details on this estimate,',
+'we will be pleased to provide them. the cbo staff contact is robert reese. sincerely, keith hall. enclosure. h.r. 1117',
+'a bill to require the administrator of the federal emergency management agency to submit a report regarding certain plans regarding',
+'assistance to applicants and grantees during the response to an emergency or disaster h.r. 1117 would require the federal emergency',
+'management agency fema to submit a report to the congress on the agencys plans to provide consistent and accurate guidance',
+'and assistance to applicants for disaster funding. the bill also would require fema to include in the report a plan',
+'to effectively maintain records related to disaster funding and to identify technologies that would assist individuals, organizations, and communities when',
+'recovering from major disasters. based on information provided by fema, cbo estimates that implementing h.r. 1117 would cost less than',
+'$500,000 in 2018; such spending would be subject to the availability of appropriated funds. enacting h.r. 1117 would not affect',
+'direct spending or revenues; therefore, pay as you go procedures do not apply. cbo estimates that enacting h.r. 1117 would',
+'not increase net direct spending or on budget deficits in any of the four consecutive 10 year periods beginning in',
+'2028. h.r. 1117 contains no intergovernmental or private sector mandates as defined in the unfunded mandates reform act and would',
+'impose no costs on state, local, or tribal governments. the cbo staff contact for this estimate is robert reese. the',
+'estimate was approved by h. samuel papenfuss, deputy assistant director for budget analysis. performance goals and objectives with respect to',
+'the requirement of clause 3 c 4 of rule xiii of the rules of the house of representatives, the performance',
+'goal and objective of this legislation, as amended, is to require the administrator of the fema to submit a report',
+'regarding the development of an action plan relating to guidance provided to disaster assistance applicants and grantees, the transition of',
+'field personnel, record maintenance and the use of technology to facilitate the delivery of assistance and ease the administrative burden.',
+'advisory of earmarks pursuant to clause 9 of rule xxi of the rules of the house of representatives, the committee',
+'is required to include a list of congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause',
+'9 e , 9 f , and 9 g of rule xxi of the rules of the house of representatives.',
+'no provision in the bill, as amended, includes an earmark, limited tax benefit, or limited tariff benefit under clause 9',
+'e , 9 f , or 9 g of rule xxi. duplication of federal programs pursuant to clause 3 c',
+'5 of rule xiii of the rules of the house of representatives, the committee finds that no provision of h.r.',
+'1117, as amended, establishes or reauthorizes a program of the federal government known to be duplicative of another federal program,',
+'a program that was included in any report from the government accountability office to congress pursuant to section 21 of',
+'public law 111 139, or a program related to a program identified in the most recent catalog of federal domestic',
+'assistance. disclosure of directed rule makings pursuant to section 3 i of h. res. 5, 115th cong. 2017 , the',
+'committee finds that enacting h.r. 1117, as amended, does not direct the completion of a specific rule making within the',
+'meaning of section 551 of title 5, united states code. federal mandate statement the committee adopts as its own the',
+'estimate of federal mandates prepared by the director of the congressional budget office pursuant to section 423 of the unfunded',
+'mandates reform act public law 104 4 . preemption clarification section 423 of the congressional budget act of 1974 requires',
+'the report of any committee on a bill or joint resolution to include a statement on the extent to which',
+'the bill or joint resolution is intended to preempt state, local, or tribal law. the committee states that h.r. 1117,',
+'as amended, does not preempt any state, local, or tribal law. advisory committee statement no advisory committees within the meaning',
+'of section 5 b of the federal advisory committee act are created by this legislation. applicability of legislative branch the',
+'committee finds that the legislation, as amended, does not relate to the terms and conditions of employment or access to',
+'public services or accommodations within the meaning of section 102 b 3 of the congressional accountability act public law 104',
+'1 . section by section analysis of legislation section 1. action plan to improve field transition section 1 requires the',
+'administrator of fema to provide a plan for the development of consistent guidance to applicants on fema disaster funding, the',
+'maintenance of records and transfer of information, relieving administrative burdens, and the implementation of new technology tools during disaster response',
+'and recovery operations in the field. changes in existing law made by the bill, as reported h.r. 1117, as amended,',
+'makes no changes in existing law. all',

House Report 116-260.txt

@@ -0,0 +1,374 @@
+'house report 116 260 from the u.s. government publishing office 116th congress } { report house of representatives 1st session',
+'} { 116 260 preventing online sales of e cigarettes to children act october 28, 2019. committed to the committee',
+'of the whole house on the state of the union and ordered to be printed mr. nadler, from the committee',
+'on the judiciary, submitted the following r e p o r t to accompany h.r. 3942 the committee on the',
+'judiciary, to whom was referred the bill h.r. 3942 to apply requirements relating to delivery sales of cigarettes to delivery',
+'sales of electronic nicotine delivery systems, and for other purposes, having considered the same, report favorably thereon without amendment and',
+'recommend that the bill do pass. contents page purpose and summary 1 background and need for the legislation 2 hearings',
+'4 committee consideration 4 committee votes 4 committee oversight findings 4 new budget authority and tax expenditures and congressional budget',
+'office cost estimate 4 duplication of federal programs 4 performance goals and objectives 5 advisory on earmarks 5 section by',
+'section analysis 5 changes in existing law made by the bill, as reported 5 purpose and summary h.r. 3942, the',
+'preventing online sales of e cigarettes to children act would amend current law to tackle problems that have arisen from',
+'the online sale of e cigarettes. specifically, the bill would amend the jenkins act to extend the statute that regulates',
+'the delivery sale of cigarettes to minors to cover e cigarettes, broadly defined.\1\ \1\pub. l. no. 81 363, 63 stat.',
+'884 1949 , as amended by the prevent all cigarette trafficking act, or pact act, pub. l. no. 111 154,',
+'124 stat. 1087 2010 . background and need for the legislation excise taxes are imposed on the sale of tobacco',
+'products at the federal, state, and local levels.\2\ the jenkins act regulates sales of tobacco products via interstate shipment. congress',
+'passed the act in 1949 in part to reduce state tax losses resulting from tax arbitrage through mail order interstate',
+'cigarette sales.\3\ the act requires an interstate cigarette retailer to register with states in which it advertises or sells cigarettes',
+'and to file a report with the state tax administrator providing the quantity of cigarettes sold to a customer, as',
+'well as the customers name and address.\4\ violation of the act is a federal felony punishable by up to three',
+'years in prison.\5\ \2\u.s. dept of just., off. of the inspector gen., report number i 2009 005, the bureau of',
+'alcohol, tobacco, firearms and explosives efforts to prevent the diversion of tobacco, at i 2009 , available at https://www.oversight.gov/report/doj/review bureau',
+'alcohol tobacco firearms and explosives efforts prevent diversion tobacco. \3\city of new york v. smoke spirits.com, 541 f.3d 425, 433',
+'2d cir. 2008 , revd sub nom. hemi group v. city of new york, 559 u.s. 1 2010 . \4\15',
+'u.s.c. sec. 376 2019 . \5\15 u.s.c. sec. 377 2019 . starting in the mid 1990s, the internet became a',
+'popular shopping destination for cigarette buyers because of the ability to evade regulation. a 1997 survey identified 13 online cigarette',
+'vendors.\6\ a decade later, that number had multiplied to over 700.\7\ to address issues pertaining to internet sales of cigarettes,',
+'congress enacted the pact act. \6\kurt m. ribisi, et al., are the sales practices of cigarette vendors good enough to',
+'prevent sales to minors?, am. j. pub. health 940 941 june 2002 citation omitted . \7\christopher banthin, tobacco control legal',
+'consortium, public health policy for internet cigarette retailers, at 1 2006 . the pact act became law in 2010 with',
+'broad bipartisan support. it passed the senate by unanimous consent\8\ and then the house by a vote of 387 to',
+'25.\9\ the pact act was enacted to help deal with problems stemming from the internet sales of cigarettes. there were',
+'two principal problems with these sales deficiencies in verifying the age of purchasers to prevent underage sales and evasion of',
+'state and local taxes on the sales. the pact act addressed each of these problems. it required internet sellers of',
+'cigarettes to ensure that delivery agents checked identification in person on the delivery of the product.\10\ it also required internet',
+'sellers to collect and remit state and local taxes on their sales of cigarettes.\11\ in addition, the pact act increased',
+'the penalty for violation of the jenkins act from a misdemeanor with a statutory maximum of six months to a',
+'felony punishable by up to three years in prison.\12\ the pact act also added civil penalties.\13\ the pact act also',
+'made it possible to levy criminal fines under title 18,\14\ in addition to any civil penalties.\15\ \8\156 cong. rec. s1480',
+'s1487 daily ed. mar. 11, 2010 . \9\see http://clerk.house.gov/evs/2010/roll124.xml. \10\pact act, 124 stat. 1091 92, sec. 2a codified at 15',
+'u.s.c. sec. 376a b 4 . \11\pact act, 124 stat. 1093, sec. 2a codified at 15 u.s.c. sec. 376a d',
+'. \12\pact act, 124 stat. 1100, sec. 3 codified at 15 u.s.c. sec. 377 a 1 except as provided in',
+'paragraph 2 , whoever knowingly violates this chapter shall be imprisoned not more than 3 years, fined under title 18,',
+'or both. \13\pact act, 124 stat. 1100 01, sec. 3 codified at 15 u.s.c. sec. 377 . in the case',
+'of a delivery seller, civil penalties are the greater of $5,000 for a first violation or $10,000 for subsequent violations',
+', or 2% of the gross sales of cigarettes or smokeless tobacco of the delivery seller during the 1 year',
+'period ending on the date of the violation. 15 u.s.c. sec. 377 b 1 a . in the case of',
+'a common carrier or other delivery service, $2,500 for a first violation, $5,000 for any violation within 1 year of',
+'a prior violation. 15 u.s.c. sec. 377 b 1 b . \14\see 15 u.s.c. sec. 377 a 1 . \15\15',
+'u.s.c. sec. 377 b 2 a civil penalty . . . shall be imposed in addition to any criminal penalty',
+'. . . and any other damages, equitable relief, or injunctive relief awarded by the court, including the payment of',
+'any unpaid taxes to the appropriate federal, state, local or tribal governments. the market for tobacco products has changed since',
+'enactment of the pact act in 2010 and there are particular concerns about the growing use of e cigarettes among',
+'young people. according to the centers for disease control and prevention cdc , e cigarettes have been the most commonly',
+'used tobacco product among youth since 2014.\16\ the surgeon general has concluded that e cigarette use among youth and young',
+'adults is a public health concern; exposure to nicotine during adolescence can cause addiction and can harm the developing adolescent',
+'brain.\17\ the 2018 national youth tobacco survey nyts \18\ found an alarming surge in the use of e cigarettes by',
+'youth in just one year: between 2017 and 2018, there was a 78% increase in e cigarette use among high',
+'school students and a 48% increase among middle school students.\19\ this increase is likely a result of the recent popularity',
+'of e cigarettes shaped like a usb flash drive; these products can be used discreetly, have a high nicotine content,',
+'and come in flavors that appeal to young people.\20\ of the 5 million youth who used any tobacco product in',
+'2018, over 3.6 million youth used e cigarettes in 2018.\21\ \16\see karen a. cullen et al., ctrs. for disease control',
+'& prevention, notes from the field: use of electronic cigarettes and any tobacco product among middle and high school students',
+'united states, 2011 2018, morbidity and mortality weekly report nov. 16, 2018 , available at https://www.cdc.gov/mmwr/volumes/67/wr/mm6745a5.htm. \17\see u.s. dept health',
+'& human svcs., ctrs. for disease control & prevention, e cigarette use among youth and young adults: a report of',
+'the surgeon general 2016 , at 5. \18\the national youth tobacco survey is a cross sectional, voluntary, school based, self',
+'administered, pencil and paper survey of middle school and high school students. id. \19\see u.s. food & drug admin., youth',
+'tobacco use: results from the national youth tobacco survey, available at https://www.fda.gov/ tobacco products/youth and tobacco/youth tobacco use results national',
+'youth tobacco survey 2. \20\cullen, et al. supra note 19. \21\see id. alarmingly, in the summer of 2019, doctors began',
+'to see hundreds of cases where patients often previously healthy young adults showed up in emergency rooms, suddenly stricken with',
+'dangerous respiratory damage. as of october 1, 2019, 1,080 lung injury cases associated with using e cigarette or vaping products',
+'had been reported to the cdc from 48 states and one u.s. territory.\22\ eighteen deaths have been confirmed in 15',
+'states.\23\ \22\ctrs. for disease control & prevention, outbreak of lung injury associated with e cigarette use, or vaping oct. 3,',
+'2019 , available at https://www.cdc.gov/tobacco/basic information/e cigarettes/severe lung disease.html. \23\id. data from the cdc, as well as the food and',
+'drug administration and the national institutes of health, suggest that an overwhelming majority of young people who use e cigarettes',
+'do not get them from brick and mortar retail establishments.\24\ given the evidence that internet e cigarette vendors do not',
+'reliably screen underage purchasers, this data suggests that many young people purchase these products online. curbing internet sales is, therefore,',
+'one way for congress to address the prevalent use of e cigarettes by young people. because the jenkins act regulates',
+'the delivery sale of cigarettes to minors and the pact act extended the jenkins act to cover internet sales the',
+'amendments proposed by h.r. 3942 are an appropriate and effective vehicle to extend coverage of the jenkins act to regulating',
+'the delivery sale of e cigarettes. \24\see laura kann, et al. ctrs. for disease control & prevention, youth risk behavior',
+'surveillance united states, 2017, morbidity and mortality weekly report jun 15, 2018 , available at https:// www.cdc.gov/mmwr/volumes/67/ss/ss6708a1.htm among the students',
+'who used electronic vapor products, only 13.6% had usually gotten their products by buying them in a store during the',
+'30 days before the survey ; u.s. food & drug admin. and natl insts. of health, population assessment of tobacco',
+'and health path study, ds3002 wave 3: youth/ parent questionnaire data public use files icpsr 36498 sep. 28, 2018 ,',
+'available at https://www.icpsr.umich.edu/icpsrweb/nahdap/ studies/36498/datadocumentation question r03 yv1118: in past 30 days, how you usually got your own electronic nicotine products/cartridges/',
+'e liquid; answer: 86.1% of respondents did not get them from a store . hearings the committee held no hearings',
+'on h.r. 3942. committee consideration on tuesday, october 16, 2019, the committee met in open session and ordered h.r. 3942',
+'favorably reported by a voice vote, a quorum being present. committee votes clause 3 b of rule xiii of the',
+'rules of the house of representatives is inapplicable because no recorded votes were taken regarding this legislation. committee oversight findings',
+'in compliance with clause 3 c 1 of rule xiii of the rules of the house of representatives, the committee',
+'advises that the findings and recommendations of the committee, based on oversight activities under clause 2 b 1 of rule',
+'x of the rules of the house of representatives, are incorporated in the descriptive portions of this report. new budget',
+'authority and tax expenditures and congressional budget office cost estimate with respect to the requirements of clause 3 c 2',
+'of rule xiii of the rules of the house of representatives and section 308 a of the congressional budget act',
+'of 1974 and with respect to requirements of clause 3 c 3 of rule xiii of the rules of the',
+'house of representatives and section 402 of the congressional budget act of 1974, the committee has requested but not received',
+'a cost estimate for this report from the director of the congressional budget office. the committee has requested but not',
+'received from the director of the congressional budget office a statement as to whether this report contains any new budget',
+'authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. duplication of federal programs no',
+'provision of h.r. 3942 establishes or reauthorizes a program of the federal government known to be duplicative of another federal',
+'program, a program that was included in any report from the government accountability office to congress pursuant to section 21',
+'of public law 111 139, or a program related to a program identified in the most recent catalog of federal',
+'domestic assistance. performance goals and objectives the committee states that pursuant to clause 3 c 4 of rule xiii of',
+'the rules of the house of representatives, h.r. 3942 would amend the statute that regulates the delivery sale of cigarettes',
+'to minors to cover e cigarettes, thereby protecting the health and safety of minors. advisory on earmarks in accordance with',
+'clause 9 of rule xxi of the rules of the house of representatives, h.r. 3942 does not contain any congressional',
+'earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9 d , 9 e , or 9',
+'f of rule xxi. section by section analysis the following discussion describes the bill as reported by the committee. sec.',
+'1. short title. section 1 sets forth the short title of the bill as the preventing online sales of e',
+'cigarettes to children act. sec 2. amendments to the jenkins act. section 2 would amend the jenkins act by redefining',
+'the term cigarette to include an electronic nicotine delivery system. section 2 would further define electronic nicotine delivery system as',
+'a any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling',
+'the device and includes e cigarettes, e hookahs, e cigars, vape pens, advanced refillable personal vaporizers, electronic pipes, and any',
+'component thereof. section 2 includes exceptions for products approved by the fda for sale as tobacco cessation products or for',
+'other therapeutic purposes, and marketed and sold solely for such purposes. section 2 would also mandate that any seller shipping',
+'a package containing cigarettes or smokeless tobacco include on any bill of lading and on the outside of the shipping',
+'package a label stating that the contents may include nicotine. section 2 would take effect 90 days after the date',
+'of enactment of the bill. sec 3. nonmailability of electronic nicotine delivery systems. section 3 would direct the u.s. postal',
+'service to promulgate regulations to clarify the applicability of the prohibition on mailing cigarettes under 18 u.s.c. sec. 1716e to',
+'electronic nicotine delivery systems. section 3 would make 18 u.s.c. sec. 1716e applicable to electronic nicotine delivery systems on and',
+'after the date the u.s. postal service promulgates these regulations. changes in existing law made by the bill, as reported',
+'in compliance with clause 3 e of rule xiii of the rules of the house of representatives, changes in existing',
+'law made by the bill, h.r. 3942, as reported, are shown as follows: changes in existing law made by the',
+'bill, as reported in compliance with clause 3 e of rule xiii of the rules of the house of representatives,',
+'changes in existing law made by the bill, as reported, are shown as follows existing law proposed to be omitted',
+'is enclosed in black brackets, new matter is printed in italic, and existing law in which no change is proposed',
+'is shown in roman : act of october 19, 1949 an act to assist states in collecting sales and use',
+'taxes on cigarettes. section 1. definitions. as used in this act, the following definitions apply: 1 attorney general. the term',
+'attorney general, with respect to a state, means the attorney general or other chief law enforcement officer of the state.',
+'2 cigarette. a in general. the term cigarette i has the meaning given that term in section 2341 of title',
+'18, united states code; and ii includes roll your own tobacco includes i roll your own tobacco as defined in',
+'section 5702 of the internal revenue code of 1986 . ; and ii an electronic nicotine delivery system. b exception.',
+'the term cigarette does not include a cigar as defined in section 5702 of the internal revenue code of 1986',
+'. 3 common carrier. the term common carrier means any person other than a local messenger service or the united',
+'states postal service that holds itself out to the general public as a provider for hire of the transportation by',
+'water, land, or air of merchandise regardless of whether the person actually operates the vessel, vehicle, or aircraft by which',
+'the transportation is provided between a port or place and a port or place in the united states. 4 consumer.',
+'the term consumer a means any person that purchases cigarettes or smokeless tobacco; and b does not include any person',
+'lawfully operating as a manufacturer, distributor, wholesaler, or retailer of cigarettes or smokeless tobacco. 5 delivery sale. the term delivery',
+'sale means any sale of cigarettes or smokeless tobacco to a consumer if a the consumer submits the order for',
+'the sale by means of a telephone or other method of voice transmission, the mails, or the internet or other',
+'online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase',
+'or order is made; or b the cigarettes or smokeless tobacco are delivered to the buyer by common carrier, private',
+'delivery service, or other method of remote delivery, or the seller is not in the physical presence of the buyer',
+'when the buyer obtains possession of the cigarettes or smokeless tobacco. 6 delivery seller. the term delivery seller means a',
+'person who makes a delivery sale. 7 electronic nicotine delivery system. the term electronic nicotine delivery system a means any',
+'electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the',
+'device; b includes i an e cigarette; ii an e hookah; iii an e cigar; iv a vape pen; v',
+'an advanced refillable personal vaporizer; vi an electronic pipe; and vii any component, liquid, part, or accessory of a device',
+'described in subparagraph a , without regard to whether the component, liquid, part, or accessory is sold separately from the',
+'device; and c does not include a product that is i approved by the food and drug administration for i',
+'sale as a tobacco cessation product; or ii any other therapeutic purpose; and ii marketed and sold solely for a',
+'purpose described in clause i . 7 8 indian country. the term indian country a has the meaning given that',
+'term in section 1151 of title 18, united states code, except that within the state of alaska that term applies',
+'only to the metlakatla indian community, annette island reserve; and b includes any other land held by the united states',
+'in trust or restricted status for one or more indian tribes. 8 9 indian tribe. the term indian tribe, tribe,',
+'or tribal refers to an indian tribe as defined in section 4 e of the indian self determination and education',
+'assistance act 25 u.s.c. 450b e or as listed pursuant to section 104 of the federally recognized indian tribe list',
+'act of 1994 25 u.s.c. 479a 1 . 9 10 interstate commerce. a in general. the term interstate commerce means',
+'commerce between a state and any place outside the state, commerce between a state and any indian country in the',
+'state, or commerce between points in the same state but through any place outside the state or through any indian',
+'country. b into a state, place, or locality. a sale, shipment, or transfer of cigarettes or smokeless tobacco that is',
+'made in interstate commerce, as defined in this paragraph, shall be deemed to have been made into the state, place,',
+'or locality in which such cigarettes or smokeless tobacco are delivered. 10 11 person. the term person means an individual,',
+'corporation, company, association, firm, partnership, society, state government, local government, indian tribal government, governmental organization of such a government, or',
+'joint stock company. 11 12 state. the term state means each of the several states of the united states, the',
+'district of columbia, the commonwealth of puerto rico, or any territory or possession of the united states. 12 13 smokeless',
+'tobacco. the term smokeless tobacco means any finely cut, ground, powdered, or leaf tobacco, or other product containing tobacco, that',
+'is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted. 13 14 tobacco',
+'tax administrator. the term tobacco tax administrator means the state, local, or tribal official duly authorized to collect the tobacco',
+'tax or administer the tax law of a state, locality, or tribe, respectively. 14 15 use. the term use includes',
+'the consumption, storage, handling, or disposal of cigarettes or smokeless tobacco. sec. 2a. delivery sales. a in general. with respect',
+'to delivery sales into a specific state and place, each delivery seller shall comply with 1 the shipping requirements set',
+'forth in subsection b ; 2 the recordkeeping requirements set forth in subsection c ; 3 all state, local, tribal,',
+'and other laws generally applicable to sales of cigarettes or smokeless tobacco as if the delivery sales occurred entirely within',
+'the specific state and place, including laws imposing a excise taxes; b licensing and tax stamping requirements; c restrictions on',
+'sales to minors; and d other payment obligations or legal requirements relating to the sale, distribution, or delivery of cigarettes',
+'or smokeless tobacco; and 4 the tax collection requirements set forth in subsection d . b shipping and packaging. 1',
+'required statement. for any shipping package containing cigarettes or smokeless tobacco, the delivery seller shall include on the bill of',
+'lading, if any, and on the outside of the shipping package, on the same surface as the delivery address, a',
+'clear and conspicuous statement providing as follows: cigarettes/nicotine/smokeless tobacco: federal law requires the payment of all applicable excise taxes, and',
+'compliance with applicable licensing and tax stamping obligations. 2 failure to label. any shipping package described in paragraph 1 that',
+'is not labeled in accordance with that paragraph shall be treated as nondeliverable matter by a common carrier or other',
+'delivery service, if the common carrier or other delivery service knows or should know the package contains cigarettes or smokeless',
+'tobacco. if a common carrier or other delivery service believes a package is being submitted for delivery in violation of',
+'paragraph 1 , it may require the person submitting the package for delivery to establish that it is not being',
+'sent in violation of paragraph 1 before accepting the package for delivery. nothing in this paragraph shall require the common',
+'carrier or other delivery service to open any package to determine its contents. 3 weight restriction. a delivery seller shall',
+'not sell, offer for sale, deliver, or cause to be delivered in any single sale or single delivery any cigarettes',
+'or smokeless tobacco weighing more than 10 pounds. 4 age verification. a in general. a delivery seller who mails or',
+'ships tobacco products i shall not sell, deliver, or cause to be delivered any tobacco products to a person under',
+'the minimum age required for the legal sale or purchase of tobacco products, as determined by the applicable law at',
+'the place of delivery; ii shall use a method of mailing or shipping that requires i the purchaser placing the',
+'delivery sale order, or an adult who is at least the minimum age required for the legal sale or purchase',
+'of tobacco products, as determined by the applicable law at the place of delivery, to sign to accept delivery of',
+'the shipping container at the delivery address; and ii the person who signs to accept delivery of the shipping container',
+'to provide proof, in the form of a valid, government issued identification bearing a photograph of the individual, that the',
+'person is at least the minimum age required for the legal sale or purchase of tobacco products, as determined by',
+'the applicable law at the place of delivery; and iii shall not accept a delivery sale order from a person',
+'without i obtaining the full name, birth date, and residential address of that person; and ii verifying the information provided',
+'in subclause i , through the use of a commercially available database or aggregate of databases, consisting primarily of data',
+'from government sources, that are regularly used by government and businesses for the purpose of age and identity verification and',
+'authentication, to ensure that the purchaser is at least the minimum age required for the legal sale or purchase of',
+'tobacco products, as determined by the applicable law at the place of delivery. b limitation. no database being used for',
+'age and identity verification under subparagraph a iii shall be in the possession or under the control of the delivery',
+'seller, or be subject to any changes or supplementation by the delivery seller. c records. 1 in general. each delivery',
+'seller shall keep a record of any delivery sale, including all of the information described in section 2 a 2',
+', organized by the state, and within the state, by the city or town and by zip code, into which',
+'the delivery sale is so made. 2 record retention. records of a delivery sale shall be kept as described in',
+'paragraph 1 until the end of the 4th full calendar year that begins after the date of the delivery sale.',
+'3 access for officials. records kept under paragraph 1 shall be made available to tobacco tax administrators of the states,',
+'to local governments and indian tribes that apply local or tribal taxes on cigarettes or smokeless tobacco, to the attorneys',
+'general of the states, to the chief law enforcement officers of the local governments and indian tribes, and to the',
+'attorney general of the united states in order to ensure the compliance of persons making delivery sales with the requirements',
+'of this act. d delivery. 1 in general. except as provided in paragraph 2 , no delivery seller may sell',
+'or deliver to any consumer, or tender to any common carrier or other delivery service, any cigarettes or smokeless tobacco',
+'pursuant to a delivery sale unless, in advance of the sale, delivery, or tender a any cigarette or smokeless tobacco',
+'excise tax that is imposed by the state in which the cigarettes or smokeless tobacco are to be delivered has',
+'been paid to the state; b any cigarette or smokeless tobacco excise tax that is imposed by the local government',
+'of the place in which the cigarettes or smokeless tobacco are to be delivered has been paid to the local',
+'government; and c any required stamps or other indicia that the excise tax has been paid are properly affixed or',
+'applied to the cigarettes or smokeless tobacco. 2 exception. paragraph 1 does not apply to a delivery sale of smokeless',
+'tobacco if the law of the state or local government of the place where the smokeless tobacco is to be',
+'delivered requires or otherwise provides that delivery sellers collect the excise tax from the consumer and remit the excise tax',
+'to the state or local government, and the delivery seller complies with the requirement. e list of unregistered or noncompliant',
+'delivery sellers. 1 in general. a initial list. not later than 90 days after this subsection goes into effect under',
+'the prevent all cigarette trafficking act of 2009, the attorney general of the united states shall compile a list of',
+'delivery sellers of cigarettes or smokeless tobacco that have not registered with the attorney general of the united states pursuant',
+'to section 2 a , or that are otherwise not in compliance with this act, and i distribute the list',
+'to i the attorney general and tax administrator of every state; ii common carriers and other persons that deliver small',
+'packages to consumers in interstate commerce, including the united states postal service; and iii any other person that the attorney',
+'general of the united states determines can promote the effective enforcement of this act; and ii publicize and make the',
+'list available to any other person engaged in the business of interstate deliveries or who delivers cigarettes or smokeless tobacco',
+'in or into any state. b list contents. to the extent known, the attorney general of the united states shall',
+'include, for each delivery seller on the list described in subparagraph a i all names the delivery seller uses or',
+'has used in the transaction of its business or on packages delivered to customers; ii all addresses from which the',
+'delivery seller does or has done business, or ships or has shipped cigarettes or smokeless tobacco; iii the website addresses,',
+'primary e mail address, and phone number of the delivery seller; and iv any other information that the attorney general',
+'of the united states determines would facilitate compliance with this subsection by recipients of the list. c updating. the attorney',
+'general of the united states shall update and distribute the list described in subparagraph a at least once every 4',
+'months, and may distribute the list and any updates by regular mail, electronic mail, or any other reasonable means, or',
+'by providing recipients with access to the list through a nonpublic website that the attorney general of the united states',
+'regularly updates. d state, local, or tribal additions. the attorney general of the united states shall include in the list',
+'described in subparagraph a any noncomplying delivery sellers identified by any state, local, or tribal government under paragraph 6 ,',
+'and shall distribute the list to the attorney general or chief law enforcement official and the tax administrator of any',
+'government submitting any such information, and to any common carriers or other persons who deliver small packages to consumers identified',
+'by any government pursuant to paragraph 6 . e accuracy and completeness of list of noncomplying delivery sellers. in preparing',
+'and revising the list described in subparagraph a , the attorney general of the united states shall i use reasonable',
+'procedures to ensure maximum possible accuracy and completeness of the records and information relied on for the purpose of determining',
+'that a delivery seller is not in compliance with this act; ii not later than 14 days before including a',
+'delivery seller on the list, make a reasonable attempt to send notice to the delivery seller by letter, electronic mail,',
+'or other means that the delivery seller is being placed on the list, which shall cite the relevant provisions of',
+'this act and the specific reasons for which the delivery seller is being placed on the list; iii provide an',
+'opportunity to the delivery seller to challenge placement on the list; iv investigate each challenge described in clause iii by',
+'contacting the relevant federal, state, tribal, and local law enforcement officials, and provide the specific findings and results of the',
+'investigation to the delivery seller not later than 30 days after the date on which the challenge is made; and',
+'v if the attorney general of the united states determines that the basis for including a delivery seller on the',
+'list is inaccurate, based on incomplete information, or cannot be verified, promptly remove the delivery seller from the list as',
+'appropriate and notify each appropriate federal, state, tribal, and local authority of the determination. f confidentiality. the list described in',
+'subparagraph a shall be confidential, and any person receiving the list shall maintain the confidentiality of the list and may',
+'deliver the list, for enforcement purposes, to any government official or to any common carrier or other person that delivers',
+'tobacco products or small packages to consumers. nothing in this section shall prohibit a common carrier, the united states postal',
+'service, or any other person receiving the list from discussing with a listed delivery seller the inclusion of the delivery',
+'seller on the list and the resulting effects on any services requested by the listed delivery seller. 2 prohibition on',
+'delivery. a in general. commencing on the date that is 60 days after the date of the initial distribution or',
+'availability of the list described in paragraph 1 a , no person who receives the list under paragraph 1 ,',
+'and no person who delivers cigarettes or smokeless tobacco to consumers, shall knowingly complete, cause to be completed, or complete',
+'its portion of a delivery of any package for any person whose name and address are on the list, unless',
+'i the person making the delivery knows or believes in good faith that the item does not include cigarettes or',
+'smokeless tobacco; ii the delivery is made to a person lawfully engaged in the business of manufacturing, distributing, or selling',
+'cigarettes or smokeless tobacco; or iii the package being delivered weighs more than 100 pounds and the person making the',
+'delivery does not know or have reasonable cause to believe that the package contains cigarettes or smokeless tobacco. b implementation',
+'of updates. commencing on the date that is 30 days after the date of the distribution or availability of any',
+'updates or corrections to the list described in paragraph 1 a , all recipients and all common carriers or other',
+'persons that deliver cigarettes or smokeless tobacco to consumers shall be subject to subparagraph a in regard to the corrections',
+'or updates. 3 exemptions. a in general. subsection b 2 and any requirements or restrictions placed directly on common carriers',
+'under this subsection, including subparagraphs a and b of paragraph 2 , shall not apply to a common carrier that',
+'i is subject to a settlement agreement described in subparagraph b ; or ii if a settlement agreement described in',
+'subparagraph b to which the common carrier is a party is terminated or otherwise becomes inactive, is administering and enforcing',
+'policies and practices throughout the united states that are at least as stringent as the agreement. b settlement agreement. a',
+'settlement agreement described in this subparagraph i is a settlement agreement relating to tobacco product deliveries to consumers; and ii',
+'includes i the assurance of discontinuance entered into by the attorney general of new york and dhl holdings usa, inc.',
+'and dhl express usa , inc. on or about july 1, 2005, the assurance of discontinuance entered into by the',
+'attorney general of new york and united parcel service, inc. on or about october 21, 2005, and the assurance of',
+'compliance entered into by the attorney general of new york and federal express corporation and fedex ground package systems, inc.',
+'on or about february 3, 2006, if each of those agreements is honored throughout the united states to block illegal',
+'deliveries of cigarettes or smokeless tobacco to consumers; and ii any other active agreement between a common carrier and a',
+'state that operates throughout the united states to ensure that no deliveries of cigarettes or smokeless tobacco shall be made',
+'to consumers or illegally operating internet or mail order sellers and that any such deliveries to consumers shall not be',
+'made to minors or without payment to the states and localities where the consumers are located of all taxes on',
+'the tobacco products. 4 shipments from persons on list. a in general. if a common carrier or other delivery service',
+'delays or interrupts the delivery of a package in the possession of the common carrier or delivery service because the',
+'common carrier or delivery service determines or has reason to believe that the person ordering the delivery is on a',
+'list described in paragraph 1 a and that clauses i , ii , and iii of paragraph 2 a do',
+'not apply i the person ordering the delivery shall be obligated to pay i the common carrier or other delivery',
+'service as if the delivery of the package had been timely completed; and ii if the package is not deliverable,',
+'any reasonable additional fee or charge levied by the common carrier or other delivery service to cover any extra costs',
+'and inconvenience and to serve as a disincentive against such noncomplying delivery orders; and ii if the package is determined',
+'not to be deliverable, the common carrier or other delivery service shall offer to provide the package and its contents',
+'to a federal, state, or local law enforcement agency. b records. a common carrier or other delivery service shall maintain,',
+'for a period of 5 years, any records kept in the ordinary course of business relating to any delivery interrupted',
+'under this paragraph and provide that information, upon request, to the attorney general of the united states or to the',
+'attorney general or chief law enforcement official or tax administrator of any state, local, or tribal government. c confidentiality. any',
+'person receiving records under subparagraph b shall i use the records solely for the purposes of the enforcement of this',
+'act and the collection of any taxes owed on related sales of cigarettes and smokeless tobacco; and ii keep confidential',
+'any personal information in the records not otherwise required for such purposes. 5 preemption. a in general. no state, local,',
+'or tribal government, nor any political authority of 2 or more state, local, or tribal governments, may enact or enforce',
+'any law or regulation relating to delivery sales that restricts deliveries of cigarettes or smokeless tobacco to consumers by common',
+'carriers or other delivery services on behalf of delivery sellers by i requiring that the common carrier or other delivery',
+'service verify the age or identity of the consumer accepting the delivery by requiring the person who signs to accept',
+'delivery of the shipping container to provide proof, in the form of a valid, government issued identification bearing a photograph',
+'of the individual, that the person is at least the minimum age required for the legal sale or purchase of',
+'tobacco products, as determined by either state or local law at the place of delivery; ii requiring that the common',
+'carrier or other delivery service obtain a signature from the consumer accepting the delivery; iii requiring that the common carrier',
+'or other delivery service verify that all applicable taxes have been paid; iv requiring that packages delivered by the common',
+'carrier or other delivery service contain any particular labels, notice, or markings; or v prohibiting common carriers or other delivery',
+'services from making deliveries on the basis of whether the delivery seller is or is not identified on any list',
+'of delivery sellers maintained and distributed by any entity other than the federal government. b relationship to other laws. except',
+'as provided in subparagraph c , nothing in this paragraph shall be construed to nullify, expand, restrict, or otherwise amend',
+'or modify i section 14501 c 1 or 41713 b 4 of title 49, united states code; ii any other',
+'restrictions in federal law on the ability of state, local, or tribal governments to regulate common carriers; or iii any',
+'provision of state, local, or tribal law regulating common carriers that is described in section 14501 c 2 or 41713',
+'b 4 b of title 49 of the united states code. c state laws prohibiting delivery sales. i in general.',
+'except as provided in clause ii , nothing in the prevent all cigarette trafficking act of 2009, the amendments made',
+'by that act, or in any other federal statute shall be construed to preempt, supersede, or otherwise limit or restrict',
+'state laws prohibiting the delivery sale, or the shipment or delivery pursuant to a delivery sale, of cigarettes or other',
+'tobacco products to individual consumers or personal residences. ii exemptions. no state may enforce against a common carrier a law',
+'prohibiting the delivery of cigarettes or other tobacco products to individual consumers or personal residences without proof that the common',
+'carrier is not exempt under paragraph 3 of this subsection. 6 state, local, and tribal additions. a in general. any',
+'state, local, or tribal government shall provide the attorney general of the united states with i all known names, addresses,',
+'website addresses, and other primary contact information of any delivery seller that i offers for sale or makes sales of',
+'cigarettes or smokeless tobacco in or into the state, locality, or tribal land; and ii has failed to register with',
+'or make reports to the respective tax administrator as required by this act, or that has been found in a',
+'legal proceeding to have otherwise failed to comply with this act; and ii a list of common carriers and other',
+'persons who make deliveries of cigarettes or smokeless tobacco in or into the state, locality, or tribal land. b updates.',
+'any government providing a list to the attorney general of the united states under subparagraph a shall also provide updates',
+'and corrections every 4 months until such time as the government notifies the attorney general of the united states in',
+'writing that the government no longer desires to submit information to supplement the list described in paragraph 1 a .',
+'c removal after withdrawal. upon receiving written notice that a government no longer desires to submit information under subparagraph a',
+', the attorney general of the united states shall remove from the list described in paragraph 1 a any persons',
+'that are on the list solely because of the prior submissions of the government of the list of the government',
+'of noncomplying delivery sellers of cigarettes or smokeless tobacco or a subsequent update or correction by the government. 7 deadline',
+'to incorporate additions. the attorney general of the united states shall a include any delivery seller identified and submitted by',
+'a state, local, or tribal government under paragraph 6 in any list or update that is distributed or made available',
+'under paragraph 1 on or after the date that is 30 days after the date on which the information is',
+'received by the attorney general of the united states; and b distribute any list or update described in subparagraph a',
+'to any common carrier or other person who makes deliveries of cigarettes or smokeless tobacco that has been identified and',
+'submitted by a government pursuant to paragraph 6 . 8 notice to delivery sellers. not later than 14 days before',
+'including any delivery seller on the initial list described in paragraph 1 a , or on an update to the',
+'list for the first time, the attorney general of the united states shall make a reasonable attempt to send notice',
+'to the delivery seller by letter, electronic mail, or other means that the delivery seller is being placed on the',
+'list or update, with that notice citing the relevant provisions of this act. 9 limitations. a in general. any common',
+'carrier or other person making a delivery subject to this subsection shall not be required or otherwise obligated to i',
+'determine whether any list distributed or made available under paragraph 1 is complete, accurate, or up to date; ii determine',
+'whether a person ordering a delivery is in compliance with this act; or iii open or inspect, pursuant to this',
+'act, any package being delivered to determine its contents. b alternate names. any common carrier or other person making a',
+'delivery subject to this subsection i shall not be required to make any inquiries or otherwise determine whether a person',
+'ordering a delivery is a delivery seller on the list described in paragraph 1 a who is using a different',
+'name or address in order to evade the related delivery restrictions; and ii shall not knowingly deliver any packages to',
+'consumers for any delivery seller on the list described in paragraph 1 a who the common carrier or other delivery',
+'service knows is a delivery seller who is on the list and is using a different name or address to',
+'evade the delivery restrictions of paragraph 2 . c penalties. any common carrier or person in the business of delivering',
+'packages on behalf of other persons shall not be subject to any penalty under section 14101 a of title 49,',
+'united states code, or any other provision of law for i not making any specific delivery, or any deliveries at',
+'all, on behalf of any person on the list described in paragraph 1 a ; ii refusing, as a matter',
+'of regular practice and procedure, to make any deliveries, or any deliveries in certain states, of any cigarettes or smokeless',
+'tobacco for any person or for any person not in the business of manufacturing, distributing, or selling cigarettes or smokeless',
+'tobacco; or iii delaying or not making a delivery for any person because of reasonable efforts to comply with this',
+'act. d other limits. section 2 and subsections a , b , c , and d of this section shall',
+'not be interpreted to impose any responsibilities, requirements, or liability on common carriers. f presumption. for purposes of this act,',
+'a delivery sale shall be deemed to have occurred in the state and place where the buyer obtains personal possession',
+'of the cigarettes or smokeless tobacco, and a delivery pursuant to a delivery sale is deemed to have been initiated',
+'or ordered by the delivery seller.',

House Report 116-6.txt

@@ -0,0 +1,178 @@
+'house report 116 6 from the u.s. government publishing office 116th congress } { report house of representatives 1st session',
+'} { 116 6 providing for consideration of the bill h.r. 840 to amend title 38, united states code, to',
+'direct the secretary of veterans affairs to provide child care assistance to veterans receiving certain medical services provided by the',
+'department of veterans affairs; providing for the adoption of the resolution h. res. 86 providing amounts for the expenses of',
+'the select committee on the climate crisis and the select committee on the modernization of congress; and providing for consideration',
+'of motions to suspend the rules. february 6, 2019. referred to the house calendar and ordered to be printed. mr.',
+'morelle, from the committee on rules, submitted the following r e p o r t to accompany h. res. 105',
+'the committee on rules, having had under consideration house resolution 105, by a nonrecord vote, report the same to the',
+'house with the recommendation that the resolution be adopted. summary of provisions of the resolution the resolution provides for consideration',
+'of h.r. 840, the veterans access to child care act, under a structured rule. the resolution provides one hour of',
+'general debate equally divided and controlled by the chair and ranking minority member of the committee on veterans affairs. the',
+'resolution waives all points of order against consideration of the bill. the resolution makes in order as original text for',
+'purpose of amendment the amendment in the nature of a substitute consisting of the text of rules committee print 116',
+'3 and provides that it shall be considered as read. the resolution waives all points of order against that amendment',
+'in the nature of a substitute. the resolution makes in order only those further amendments printed in this report. each',
+'such amendment may be offered only in the order printed in this report, may be offered only by a member',
+'designated in this report, shall be considered as read, shall be debatable for the time specified in this report equally',
+'divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject',
+'to a demand for division of the question in the house or in the committee of the whole. the resolution',
+'waives all points of order against the amendments printed in this report. the resolution provides one motion to recommit with',
+'or without instructions. the resolution provides that house resolution 86 is hereby adopted. the resolution provides that it shall be',
+'in order at any time through the legislative day of february 15, 2019, for the speaker to entertain motions that',
+'the house suspend the rules and that the speaker or her designee shall consult with the minority leader or his',
+'designee on the designation of any matter for consideration pursuant to this section. explanation of waivers the waivers of all',
+'points of order against consideration of the bill and against the amendment in the nature of a substitute made in',
+'order as original text include waivers of clause 12 a of rule xxi, which prohibits consideration of a bill or',
+'amendment in the nature of a substitute unless there is a searchable electronic comparative print that shows how the bill',
+'or amendment proposes to change current law. although the resolution waives all points of order against the amendments printed in',
+'this report, the committee is not aware of any points of order. the waiver is prophylactic in nature. committee votes',
+'the results of each record vote on an amendment or motion to report, together with the names of those voting',
+'for and against, are printed below: rules committee record vote no. 12 motion by mr. cole to make in order',
+'and provide the necessary waivers for amendment 20 offered by representative bilirakis fl , which would offset the bill by',
+'extending the current funding fee rates for the use of certain va home loans through december 31, 2028. defeated: 4',
+'8 majority members vote minority members vote mr. hastings mr. cole yea mrs. torres nay mr. woodall yea ms. matsui',
+'nay mr. burgess yea mr. perlmutter nay mrs. lesko yea mr. raskin nay ms. scanlon nay mr. morelle nay ms.',
+'shalala nay mr. mcgovern, chairman nay summary of the amendments made in order 1. brindisi ny , kuster nh :',
+'clarifies that veterans who receive covered health care services at va community based outpatient clinics are eligible for child care',
+'assistance. 10 minutes 2. radewagen as : clarifies that the child care benefit be made available for veterans while they',
+'are traveling to or attending va appointments and not at any other time. 10 minutes 3. rose, max ny :',
+'include substance or drug abuse counseling in the definition of covered health care services. 10 minutes 4. bergman mi :',
+'prohibits va from constructing new structures to be used as childcare centers. 10 minutes 5. lee, susie nv , lesko',
+'az : specifies that all vet centers, not just vet centers located within a physical area in which va has',
+'jurisdiction, would also be a place where veterans could be eligible for no cost child care. 10 minutes 6. barr',
+'ky : require a study of the effects of child care assistance provided under section 2 of the underlying bill',
+'and on compliance with treatment protocols. 10 minutes 7. cisneros ca , welch vt : requires the secretary of veterans',
+'affairs to conduct a feasibility study to determine how the department of veterans affairs could provide child care assistance for',
+'veterans who receive covered health care services from non department facilities. 10 minutes 8. cisneros ca : include intensive health',
+'care services related to physical therapy for a service connected disability in the definition of covered health care services. 10',
+'minutes 9. davis, rodney il , panetta ca : prevents interpretation by the va that only one of the two',
+'parents could be considered the primary caretaker. 10 minutes 10. sablan mp : clarifies that veterans who receive telemental health',
+'services furnished by the department as opposed to in person mental health services would be eligible for child care assistance',
+'authorized under the bill. 10 minutes 11. cloud tx : directs the department of veterans affairs va to conduct an',
+'annual report to congress on its processing system for child care payments to veterans and private care providers. moreover, the',
+'va must identify the number of unprocessed child care claims that have been left unresolved in its report. 10 minutes',
+'12. allred tx , sherrill nj , torres, norma ca : require the secretary to provide public notification on va.gov',
+'to ensure veterans are aware of the expanded, cost free child care services within this act, and to perform outreach',
+'to inform eligible veterans. 10 minutes 13. moore wi : require annual reports on participation in this program and biannual',
+'reports on any other child care related barriers that remain for veterans seeking care at va medical facilities. 10 minutes',
+'14. kuster nh : require the secretary to establish criteria for furnishing child care assistance to eligible veterans that accounts',
+'for unusual or excessive access burdens, such as excessive driving distance, geographic challenges, and other environmental factors. it would also',
+'correct a technical error to the rules committee print. 10 minutes 15. delgado ny , lawrence mi : adds extended',
+'day programs to the child care services that can receive stipends. extended day programs are before and after school programs',
+'held at educational institutions for students whose parents have obligations prior to school hours and/or obligations that extend beyond school',
+'hours. 10 minutes 16. delgado ny , stefanik ny , harder ca : include under definitions in the health care',
+'services, emergency mental health care services, which provide immediate assistance to individuals experiencing a mental health crisis. the goals are',
+'to prevent the crisis from worsening, relieve immediate distress, and prevent individuals from harming themselves and/ or others. 10 minutes',
+'17. golden me , kuster nh : expands the scope of services under which a veteran would qualify for free',
+'child care to include health care services provided as part of readjustment counseling. 10 minutes 18. golden me , brindisi',
+'ny : directs the secretary of veterans affairs to submit a report to congress regarding the accessibility and effectiveness of',
+'the program for eligible individuals who reside in rural and highly rural areas. 10 minutes 19. sherrill nj : states',
+'that child care providers may not provide child care under the bill if they employ an individual who has been',
+'convicted of a sex crime, an offense involving a child victim, a violent crime, a drug felony, or other offense',
+'the secretary deems appropriate. it also states that nothing in the amendment would lower more restrictive existing federal, state, or',
+'local standards of hiring and screening at child care centers within this act. 10 minutes 20. sherrill nj , kuster',
+'nh , moore wi : amends the bill to specifically include military sexual trauma counseling and care services under section',
+'1720d of title 38 in the definition of covered health care services. 10 minutes 21. slotkin mi : provide authority',
+'for the secretary of veterans affairs to consult with the secretary of defense in implementing the bill. 10 minutes text',
+'of amendments made in order 1. an amendment to be offered by representative brindisi of new york or his designee,',
+'debatable for 10 minutes page 2, line 2, insert , such as a community based outpatient clinic after department. 2.',
+'an amendment to be offered by representative radewagen of american samoa or her designee, debatable for 10 minutes page 3,',
+'line 4, strike the secretary and insert subject to subsection c , the secretary. page 3, after line 24, insert',
+'the following: c condition on receipt of assistance. 1 the secretary may not provide any child care assistance under this',
+'section to an eligible veteran who is receiving covered health care services from the department unless that eligible veteran actively',
+'participates in such services. 2 for purposes of this subsection, the term actively participates means, with respect to covered health',
+'care services a engaging in transit to and from appointments for such services; b attending appointments for such services; and',
+'c such other activities as the secretary determines appropriate.. page 3, line 25, strike c and insert d . 3.',
+'an amendment to be offered by representative rose of new york or his designee, debatable for 10 minutes page 3,',
+'line 16, strike or; page 3, after line 16, insert the following: c health care services related to substance or',
+'drug abuse counseling; or. page 3, line 17, strike c and insert d . 4. an amendment to be offered',
+'by representative bergman of michigan or his designee, debatable for 10 minutes at the end, add the following section: sec.',
+'3. prohibition on use of funds for child care assistance to construct new child care facilities. the secretary of veterans',
+'affairs may not use funds made available for child care assistance provided under section 1730d of title 38, united states',
+'code, as added by section 2, to construct any new child care facility. 5. an amendment to be offered by',
+'representative lee of nevada or her designee, debatable for 10 minutes page 3, after line 21, insert the following: 3',
+'the term facility of the department includes any vet center. 4 the term vet center has the meaning given that',
+'term in section 1712a of this title.. 6. an amendment to be offered by representative barr of kentucky or his',
+'designee, debatable for 10 minutes at the end, add the following: sec. 3. study on effects of child care assistance.',
+'a study required. not later than one year after the date of the enactment of this act, the secretary of',
+'veterans affairs shall conduct a study of the effects of the child care assistance provided under section 2 on access',
+'to covered health care services, as that term is defined in that section, and on compliance with treatment protocols. b',
+'report. not later than 18 months after the date of the enactment of this act, the secretary of veterans affairs',
+'shall submit a report to congress regarding the study required under subsection a . 7. an amendment to be offered',
+'by representative cisneros, jr. of california or his designee, debatable for 10 minutes at the end of the bill, insert',
+'the following: c feasibility study on child care for veterans receiving care in non department facilities. 1 study required. the',
+'secretary of veterans affairs shall conduct a feasibility study to determine how the department of veterans affairs could provide child',
+'care assistance for veterans who receive covered health care services as such term is defined in section 1730d c 2',
+'of title 38, united states code, as added by subsection a from the department at non department facilities. 2 submission',
+'to congress. not later than one year after the date of the enactment of this act, the secretary shall submit',
+'to the committees on veterans affairs of the senate and house of representatives a report containing the results of the',
+'study required to be conducted under paragraph 1 . 8. an amendment to be offered by representative cisneros, jr. of',
+'california or his designee, debatable for 10 minutes page 3, line 16, strike or; page 3, after line 16, insert',
+'the following: c intensive health care services related to physical therapy for a service connected disability; or. page 3, line',
+'17, strike c and insert d . 9. an amendment to be offered by representative davis of illinois or his',
+'designee, debatable for 10 minutes page 3, line 3, strike the and insert a. 10. an amendment to be offered',
+'by representative sablan of northern mariana islands or his designee, debatable for 10 minutes page 3, line 14, insert ,',
+'including telemental health services furnished by the department after services. page 3, line 15, insert , including telemental health services',
+'furnished by the department after services. 11. an amendment to be offered by representative cloud of texas or his designee,',
+'debatable for 10 minutes page 2, after line 24, insert the following: c annual report. 1 in general. the secretary',
+'shall submit to congress an annual report on the provision of child care assistance under this section. each such report',
+'shall include, for the year covered by the report, each of the following for each of the categories of child',
+'care assistance specified in paragraph 2 : a the average amount of time required by the department to provide a',
+'payment for child care assistance. b the average cost of child care assistance. c the extent to which the department',
+'has a backlog of unprocessed claims for child care assistance. d the number of department employees who worked on the',
+'processing of claims for child care assistance. e the average amount of time required by such an employee to process',
+'such a claim. f the number of improper or duplicative payments of child care assistance made. g the recommendations of',
+'the secretary for improving the processing of claims for child care assistance. 2 categories of child care assistance. the categories',
+'of child care assistance specified in this paragraph are each of the following: a direct stipends. b payments made directly',
+'to a child care agencies. c stipends provided through a voucher program.. page 2, line 25, strike c and insert',
+'d . 12. an amendment to be offered by representative allred of texas or his designee, debatable for 10 minutes',
+'page 2, after line 24, insert the following: c outreach. the secretary shall perform outreach to inform eligible veterans of',
+'the child care assistance available under this section.. page 2, line 25, strike c and insert d . add at',
+'the end the following: c public notice. after the enactment of this act, the secretary shall make publicly available on',
+'a department website notice of the child care assistance benefit under section 1730d of title 38, united states code, as',
+'added by subsection a . such notice shall be easily accessible and visible and shall include a description of the',
+'expanded and cost free child care assistance for veterans, eligibility requirements, and any additional information the secretary determines necessary. 13.',
+'an amendment to be offered by representative moore of wisconsin or her designee, debatable for 10 minutes at the end,',
+'add the following new section: sec. 3. report required. a annual report. beginning in the first fiscal year following the',
+'enactment of this act, the secretary of veterans affairs shall submit, as part of the annual budget request document for',
+'the department of veterans affairs, a report regarding eligible veterans who received child care assistance under section 2 during the',
+'immediately preceding fiscal year. each such report shall include the following: 1 the number of such eligible veterans in each',
+'region of the veterans health administration. 2 if feasible, the number of such eligible veterans per facility of the department.',
+'3 the amount of funding for such assistance made available by the secretary a for each region of the veterans',
+'health administration; and b for each type of assistance specified in subsection b of such section. 4 findings regarding a',
+'challenges in providing such assistance; b child care not covered by such assistance; and c recommendations to improve such assistance.',
+'b biennial supplement. not less than once every two years, the report under subsection a shall include a supplement regarding',
+'the following: 1 other challenges regarding child care services that prevent veterans from receiving covered health care services under section',
+'2. 2 plans of the secretary to address challenges identified under paragraph 1 . 3 an assessment of the extent',
+'to which lack of education by the department or awareness by veterans of the assistance under section 2 contributes to',
+'a lack of use of such assistance. 14. an amendment to be offered by representative kuster of new hampshire or',
+'her designee, debatable for 10 minutes page 2, line 3, insert to after required. page 2, after line 24, insert',
+'the following: 3 the secretary shall establish criteria for providing child care assistance under paragraph 1 designed to ensure reasonable',
+'access to such assistance for veterans who experience any unusual or excessive burden to accessing child care services, including excessive',
+'driving distances, geographic challenges, and other environmental factors that impede such access.. 15. an amendment to be offered by representative',
+'delgado of new york or his designee, debatable for 10 minutes page 2, line 9, insert or extended day program',
+'after child care center. 16. an amendment to be offered by representative delgado of new york or his designee, debatable',
+'for 10 minutes page 3, line 16, strike or; page 3, after line 16, insert the following: c emergency mental',
+'health care services; or. page 3, line 17, strike c and insert d . 17. an amendment to be offered',
+'by representative golden of maine or his designee, debatable for 10 minutes page 3, line 14, after services insert ,',
+'including health care services provided as part of readjustment counseling. 18. an amendment to be offered by representative golden of',
+'maine or his designee, debatable for 10 minutes at the end of the bill, insert the following: c report to',
+'congress. not later than 18 months after the date of the enactment of this act, the secretary of veterans affairs',
+'shall submit to congress a report on the effectiveness and accessibility of the child care assistance provided under section 1710d',
+'of title 38, united states code, as added by this section, for eligible individuals who reside in rural and highly',
+'rural areas. 19. an amendment to be offered by representative sherrill of new jersey or her designee, debatable for 10',
+'minutes page 2, line 5, strike child care and insert subject to subsection c , child care. page 2, after',
+'line 24, insert the following: c requirements; rule of construction. 1 in accordance with paragraph 2 , a child care',
+'center, child care agency, or any other child care provider described in subsection b may not provide child care under',
+'this section if the center, agency, or provider employs an individual who has been convicted of a sex crime, an',
+'offense involving a child victim, a violent crime, a drug felony, or other offense the secretary determines appropriate. 2 nothing',
+'in paragraph 1 shall supersede, nullify, or diminish any federal or state law including any local law or ordinance ,',
+'contract, agreement, policy, plan, practice, or other matter that establishes standards and requirements for employees of child care centers, child',
+'care agencies, or other child care providers described in subsection b that are more restrictive than the requirements specified in',
+'paragraph 1 .. page 2, line 25, strike c and insert d . 20. an amendment to be offered by',
+'representative sherrill of new jersey or her designee, debatable for 10 minutes page 3, line 15, insert , including counseling',
+'and care and services under section 1720d of this title before the semicolon. 21. an amendment to be offered by',
+'representative slotkin of michigan or her designee, debatable for 10 minutes at the end of section 2, add the following',
+'new subsection: c authority to consult with secretary of defense. in implementing section 1730d of title 38, united states code,',
+'as added by subsection a , the secretary of veterans affairs may consult with the secretary of defense. all',

House Report 116-93.txt

@@ -0,0 +1,81 @@
+'house report 116 93 from the u.s. government publishing office 116th congress } { report house of representatives 1st session',
+'} { 116 93 strengthening local transportation security capabilities act of 2019 may 30, 2019. committed to the committee of',
+'the whole house on the state of the union and ordered to be printed mr. thompson of mississippi, from the',
+'committee on homeland security, submitted the following r e p o r t to accompany h.r. 2539 the committee on',
+'homeland security, to whom was referred the bill h.r. 2539 to require the secretary of homeland security to prioritize the',
+'assignment of certain officers and intelligence analysts from the transportation security administration and the office of intelligence and analysis of',
+'the department of homeland security to locations with participating state, local, and regional fusion centers in jurisdictions with a high',
+'risk surface transportation asset in order to enhance the security of such assets, including by improving timely sharing of classified',
+'information regarding terrorist and other threats, and for other purposes, having considered the same, report favorably thereon without amendment and',
+'recommend that the bill do pass. contents page purpose and summary 2 background and need for legislation 2 hearings 2',
+'committee consideration 3 committee votes 3 committee oversight findings 3 c.b.o. estimate, new budget authority, entitlement authority, and tax expenditures',
+'4 federal mandates statement 4 statement of general performance goals and objectives 4 duplicative federal programs 4 congressional earmarks, limited',
+'tax benefits, and limited tariff benefits 4 federal mandates statement 4 advisory committee statement applicability to legislative branch section by',
+'section analysis of the legislation 4 purpose and summary the purpose of h.r. 2539, the strengthening local transportation security capabilities',
+'act of 2019, is to improve threat information sharing and law enforcement training for surface transportation security. this bill requires',
+'the secretary of the department of homeland security dhs to prioritize the assignment of officers and intelligence analysts from the',
+'transportation security administration tsa and the dhs office of intelligence and analysis i&a to fusion centers in jurisdictions with high',
+'risk surface transportation assets, in order to participate in the generation and dissemination of intelligence products, and to make security',
+'clearances available to appropriate stakeholders. this bill also enables the secretary to develop a training program through the federal law',
+'enforcement training centers fletc to enhance the protection, preparedness, and response capabilities of law enforcement agencies for terrorism incidents at',
+'surface transportation assets. background and need for legislation in the surface transportation sector, state and local law enforcement, as well',
+'as owners and operators of transportation assets, play a major role in securing the traveling public. a common complaint from',
+'stakeholders is that tsa and other federal government partners do not provide sufficient information for them to adequately prepare for',
+'threats. much of the needed information is classified, and many stakeholders lack the necessary security clearances to receive such information.',
+'introduced by nanette barragan d ca , h.r. 2539 seeks to address these issues by increasing information sharing and making',
+'security clearances available to appropriate stakeholders. additionally, this bill seeks to assist surface transportation asset owners and operators to secure',
+'their systems by developing a training program for law enforcement with a focus on surface transportation threats. it is imperative',
+'that tsa collaborate with both public and private stakeholders in order to sufficiently overcome the unique challenges to securing surface',
+'transportation. this bill will ensure that tsa improves its relationships with transportation facility stakeholders, as well as state and local',
+'law enforcement. hearings the committee did not hold a legislative hearing on h.r. 2539 in the 116th congress. however, this',
+'legislation was informed by a joint subcommittee on transportation and maritime security and subcommittee on cybersecurity, infrastructure protection, and innovation',
+'hearing on february 22, 2019, entitled, securing u.s. surface transportation from cyber attacks. the subcommittees received testimony from ms. sonya',
+'proctor, director of surface division, office of security policy and industry engagement, tsa; mr. bob kolasky, director of national risk',
+'management center, cybersecurity and infrastructure security agency; mr. james lewis, senior vice president and director, technology policy program, center for',
+'strategic & international studies; ms. rebecca gagliostro, director of security, reliability and resilience, interstate natural gas association of america; mr.',
+'erik robert olson, vice president, rail security alliance; and mr. john hultquist, director of intelligence analysis, fireeye. this legislation was',
+'also informed by a joint subcommittee on transportation and protective security and subcommittee on emergency preparedness, response, and communications hearing',
+'on january 30, 2018 entitled securing our surface transportation systems: examining the department of homeland securitys role in surface transportation',
+'technologies. the subcommittee received testimony from ms. sonya proctor, director of surface division, office of security policy and industry engagement,',
+'transportation security administration; mr. robert pryor, director of intermodal division, office of requirements and capabilities analysis, transportation security administration; mr.',
+'donald e. roberts, program manager of explosive threat detection, explosives division, homeland security advanced research projects agency, dhs science and',
+'technology directorate; and mr. brian michael jenkins, director, national transportation security center of excellence, mineta transportation institute. finally, this legislation',
+'was also informed by a subcommittee on transportation and protective security hearing on november 28, 2017 entitled securing public areas',
+'of transportation systems: stakeholder perspectives. the subcommittee received testimony from mr. charles cunningham, director of homeland security and emergency management,',
+'delaware river port authority drpa public safety/patco; mr. thomas j. nestel, iii, chief of transit police, southeastern pennsylvania transportation authority',
+'septa ; mr. douglas lemanowicz, lieutenant of special operations section, new jersey state police; and mr. christopher trucillo, chief of',
+'transit police, new jersey transit. committee consideration the committee met on may 15, 2019, with a quorum being present, to',
+'consider h.r. 2539 and ordered the measure to be reported to the house with a favorable recommendation, without amendment, by',
+'unanimous consent. committee votes clause 3 b of rule xiii of the rules of the house of representatives requires the',
+'committee to list the recorded votes on the motion to report legislation and amendments thereto. no recorded votes were requested',
+'during consideration of h.r. 2539. committee oversight findings in compliance with clause 3 c 1 of rule xiii of the',
+'rules of the house of representatives, the committee advises that the findings and recommendations of the committee, based on oversight',
+'activities under clause 2 b 1 of rule x of the rules of the house of representatives, are incorporated in',
+'the descriptive portions of this report. congressional budget office estimate new budget authority, entitlement authority, and tax expenditures with respect',
+'to the requirements of clause 3 c 2 of rule xiii of the rules of the house of representatives and',
+'section 308 a of the congressional budget act of 1974 and with respect to requirements of clause 3 c 3',
+'of rule xiii of the rules of the house of representatives and section 402 of the congressional budget act of',
+'1974, the committee has requested but not received a cost estimate for this bill from the director of congressional budget',
+'office. the committee has requested but not received from the director of the congressional budget office a statement as to',
+'whether this bill contains any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or',
+'tax expenditures. federal mandates statement an estimate of federal mandates prepared by the director of the congressional budget office pursuant',
+'to section 423 of the unfunded mandates reform act was not made available to the committee in time for the',
+'filing of this report. the chairman of the committee shall cause such estimate to be printed in the congressional record',
+'upon its receipt by the committee. duplicative federal programs pursuant to clause 3 c of rule xiii, the committee finds',
+'that h.r. 2539 does not contain any provision that establishes or reauthorizes a program known to be duplicative of another',
+'federal program. performance goals and objectives the committee states that pursuant to clause 3 c 4 of rule xiii of',
+'the rules of the house of representatives, h.r. 2539 seeks to improve threat information sharing and law enforcement training for',
+'transportation security. advisory on earmarks in compliance with rule xxi of the rules of the house of representatives, this bill,',
+'as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9 d ,',
+'9 e , or 9 f of the rule xxi. section by section analysis of the legislation section 1. short',
+'title this section provides that this bill may be cited as the strengthening local transportation security capabilities act of 2019.',
+'sec. 2. definitions this section defines the terms used in this act including: public and private sector stakeholders and surface',
+'transportation asset. sec. 3. threat information sharing this section requires the dhs secretary to prioritize the locations of officers and',
+'intelligence analysts to jurisdictions that have a high risk surface transportation asset in order to enhance the security of such',
+'assets and improve timely information sharing regarding terrorist threats. these locations are jurisdictions with participating state, local, and regional fusion',
+'centers. additionally, this section requires these officers and analysts to participate in generating and disseminating transportation security intelligence products that',
+'have an emphasis on threats to surface transportation. further, this section permits the secretary to allow access to the application',
+'process for security clearances for individuals that would foster greater information sharing regarding threats to surface transportation. sec. 4. local',
+'law enforcement security training this section permits the secretary to develop a training program through the federal law enforcement training',
+'centers to enhance the capabilities of law enforcement agencies with respect to terrorism and other events at surface transportation sites.',
+'additionally, this section outlines the requirements of the training program, should the secretary develop it.',

House Report 117-103.txt

@@ -0,0 +1,212 @@
+'house report 117 103 from the u.s. government publishing office 117th congress } { report house of representatives 1st session',
+'} { 117 103 to amend the alyce spotted bear and walter soboleff commission on native children act to extend',
+'the deadline for a report by the alyce spotted bear and walter soboleff commission on native children, and for other',
+'purposes july 26, 2021. committed to the committee of the whole house on the state of the union and ordered',
+'to be printed mr. grijalva, from the committee on natural resources, submitted the following r e p o r t',
+'to accompany h.r. 438 the committee on natural resources, to whom was referred the bill h.r. 438 to amend the',
+'alyce spotted bear and walter soboleff commission on native children act to extend the deadline for a report by the',
+'alyce spotted bear and walter soboleff commission on native children, and for other purposes, having considered the same, reports favorably',
+'thereon without amendment and recommends that the bill do pass. purpose of the bill the purpose of h.r.438 is to',
+'amend the alyce spotted bear and walter soboleff commission on native children act to extend the deadline for a report',
+'by the alyce spotted bear and walter soboleff commission on native children. background and need for legislation chronic underfunding and',
+'insufficient access to federal grant programs slow the efforts of tribal governments to address the needs of native american children.',
+'the alyce spotted bear and walter soboleff commission on native children act\1\ established a commission in the office of tribal',
+'justice at the u.s. department of justice to conduct a comprehensive study of federal, state, and tribal programs that serve',
+'native american children. the commission, comprised of members with significant expertise in indian affairs, was required to submit a final',
+'report with its findings, conclusions, and recommendations. \1\p.l. 114 244, 130 stat. 981 2016 , https://uscode.house.gov/ statviewer.htm?volume=130&page=981 not codified statutory',
+'compilation as amended through pub. l. no.116 94 at https:// www.govinfo.gov/content/pkg/comps 12220/pdf/comps 12220.pdf . the covid 19 pandemic impacted the',
+'commissions ability to complete its work on schedule and limited traveling opportunities. h.r. 438 provides a two year extension for',
+'the alyce spotted bear and walter soboleff commission on native children to publish its report and make policy and legislative',
+'recommendations or improvements for federal, state, and tribal programs that serve native children. committee action h.r. 438 was introduced on',
+'january 21, 2021, by representative don young r ak . the bill was referred solely to the committee on natural',
+'resources, and within the committee to the subcommittee for indigenous peoples of the united states. on may 20, 2021, the',
+'subcommittee held a hearing on the bill. on may 26, 2021, the natural resources committee met to consider the bill.',
+'the subcommittee was discharged by unanimous consent. no amendments were offered. the bill was adopted and ordered favorably reported to',
+'the house of representatives by unanimous consent. the u.s. senate has acted on an identical companion bill, s. 325. senator',
+'lisa murkowski r ak introduced the bill on february 12, 2021, and the senate referred the bill solely to the',
+'senate committee on indian affairs. on march 10, 2021, the senate committee met to consider the bill. no amendments were',
+'filed, and the bill was adopted and ordered favorably reported by voice vote. the senate committee reported the bill to',
+'the senate on april 14, 2021.\2\ on may 26, 2021, the senate passed s. 325 without amendment by voice vote.',
+'on may 28, 2021, the house received the senate engrossed bill and held it at the desk. \2\s. rep. no.',
+'117 12 2021 , https://www.congress.gov/117/crpt/ srpt12/crpt 117srpt12.pdf. hearings for the purposes of clause 3 c 6 of house rule xiii,',
+'the following hearing was used to develop or consider this measure: hearing by the subcommittee for indigenous peoples of the',
+'united states held on may 20, 2021. committee oversight findings and recommendations regarding clause 2 b 1 of rule x',
+'and clause 3 c 1 of rule xiii of the rules of the house of representatives, the committee on natural',
+'resources oversight findings and recommendations are reflected in the body of this report. compliance with house rule xiii and congressional',
+'budget act 1. cost of legislation and the congressional budget act. with respect to the requirements of clause 3 c',
+'2 of rule xiii of the rules of the house of representatives and section 308 a of the congressional budget',
+'act of 1974 and with respect to requirements of clause 3 c 3 of rule xiii of the rules of',
+'the house of representatives and section 402 of the congressional budget act of 1974, the committee has requested but not',
+'received a cost estimate for this bill from the director of congressional budget office. the committee adopts as its own',
+'cost estimate the forthcoming cost estimate of the director of the congressional budget office, should such cost estimate be made',
+'available before house passage of the bill. the committee has requested but not received from the director of the congressional',
+'budget office a statement as to whether this bill contains any new budget authority, spending authority, credit authority, or an',
+'increase or decrease in revenues or tax expenditures. the committee notes that cbos analysis of s. 325, the identical companion',
+'legislation, is available and shows the bill as having an insignificant net effect on direct spending and no effect on',
+'revenues.\3\ \3\https://www.cbo.gov/system/files/2021 03/s325.pdf. 2. general performance goals and objectives. as required by clause 3 c 4 of rule xiii, the',
+'general performance goals and objectives of this bill are to extend the deadline for a report by the alyce spotted',
+'bear and walter soboleff commission on native children. earmark statement this bill does not contain any congressional earmarks, limited tax',
+'benefits, or limited tariff benefits as defined under clause 9 e , 9 f , and 9 g of rule',
+'xxi of the rules of the house of representatives. unfunded mandates reform act statement an estimate of federal mandates prepared',
+'by the director of the congressional budget office pursuant to section 423 of the unfunded mandates reform act was not',
+'made available to the committee in time for the filing of this report. the chair of the committee shall cause',
+'such estimate to be printed in the congressional record upon its receipt by the committee. the committee notes that cbos',
+'analysis of s. 325, the identical companion legislation, is available and shows the bill as not creating any mandates for',
+'purposes of umra.\4\ \4\id. existing programs this bill does not establish or reauthorize a program of the federal government known',
+'to be duplicative of another program. applicability to legislative branch the committee finds that the legislation does not relate to',
+'the terms and conditions of employment or access to public services or accommodations within the meaning of section 102 b',
+'3 of the congressional accountability act. preemption of state, local, or tribal law any preemptive effect of this bill over',
+'state, local, or tribal law is intended to be consistent with the bills purposes and text and the supremacy clause',
+'of article vi of the u.s. constitution. changes in existing law made by the bill, as reported in compliance with',
+'clause 3 e of rule xiii of the rules of the house of representatives, changes in existing law made by',
+'the bill, as reported, are shown as follows existing law proposed to be omitted is enclosed in black brackets, new',
+'matter is printed in italics, and existing law in which no change is proposed is shown in roman : alyce',
+'spotted bear and walter soboleff commission on native children act sec. 3. commission on native children. a in general. there',
+'is established a commission, to be known as the alyce spotted bear and walter soboleff commission on native children. b',
+'membership. 1 in general. the commission shall be composed of 11 members, of whom a 3 shall be appointed by',
+'the president, in consultation with i the attorney general; ii the secretary; iii the secretary of education; and iv the',
+'secretary of health and human services; b 3 shall be appointed by the majority leader of the senate, in consultation',
+'with the chairperson of the committee on indian affairs of the senate; c 1 shall be appointed by the minority',
+'leader of the senate, in consultation with the vice chairperson of the committee on indian affairs of the senate; d',
+'3 shall be appointed by the speaker of the house of representatives, in consultation with the chairperson of the committee',
+'on natural resources of the house of representatives; and e 1 shall be appointed by the minority leader of the',
+'house of representatives, in consultation with the ranking member of the committee on natural resources of the house of representatives.',
+'2 requirements for eligibility. a in general. subject to subparagraph b , each member of the commission shall have significant',
+'experience and expertise in i indian affairs; and ii matters to be studied by the commission, including i health care',
+'issues facing native children, including mental health, physical health, and nutrition; ii indian education, including experience with bureau of indian',
+'education schools and public schools, tribally operated schools, tribal colleges or universities, early childhood education programs, and the development of',
+'extracurricular programs; iii juvenile justice programs relating to prevention and reducing incarceration and rates of recidivism; and iv social service',
+'programs that are used by native children and designed to address basic needs, such as food, shelter, and safety, including',
+'child protective services, group homes, and shelters. b experts. i native children. 1 member of the commission shall i meet',
+'the requirements of subparagraph a ; and ii be responsible for providing the commission with insight into and input from',
+'native children on the matters studied by the commission. ii research. 1 member of the commission shall i meet the',
+'requirements of subparagraph a ; and ii have extensive experience in statistics or social science research. 3 terms. a in',
+'general. each member of the commission shall be appointed for the life of the commission. b vacancies. a vacancy in',
+'the commission shall be filled in the manner in which the original appointment was made. c operation. 1 chairperson. not',
+'later than 15 days after the date on which all members of the commission have been appointed, the commission shall',
+'select 1 member to serve as chairperson of the commission. 2 meetings. a in general. the commission shall meet at',
+'the call of the chairperson. b initial meeting. the initial meeting of the commission shall take place not later than',
+'30 days after the date described in paragraph 1 . 3 quorum. a majority of the members of the commission',
+'shall constitute a quorum, but a lesser number of members may hold hearings. 4 rules. the commission may establish, by',
+'majority vote, any rules for the conduct of commission business, in accordance with this act and other applicable law. d',
+'native advisory committee. 1 establishment. the commission shall establish a committee, to be known as the native advisory committee. 2',
+'membership. a composition. the native advisory committee shall consist of i 1 representative of indian tribes from each region of',
+'the bureau of indian affairs who is 25 years of age or older; and ii 1 native hawaiian who is',
+'25 years of age or older. b qualifications. each member of the native advisory committee shall have experience relating to',
+'matters to be studied by the commission. 3 duties. the native advisory committee shall a serve as an advisory body',
+'to the commission; and b provide to the commission advice and recommendations, submit materials, documents, testimony, and such other information',
+'as the commission determines to be necessary to carry out the duties of the commission under this section. 4 native',
+'children subcommittee. the native advisory committee shall establish a subcommittee that shall consist of at least 1 member from each',
+'region of the bureau of indian affairs and 1 native hawaiian, each of whom shall be a native child, and',
+'have experience serving on the council of a tribal, regional, or national youth organization. e comprehensive study of native children',
+'issues. 1 in general. the commission shall conduct a comprehensive study of federal, state, local, and tribal programs that serve',
+'native children, including an evaluation of a the impact of concurrent jurisdiction on child welfare systems; b the barriers indian',
+'tribes and native hawaiians face in applying, reporting on, and using existing public and private grant resources, including identification of',
+'any federal cost sharing requirements; c the obstacles to nongovernmental financial support, such as from private foundations and corporate charities,',
+'for programs benefitting native children; d the issues relating to data collection, such as small sample sizes, large margins of',
+'error, or other issues related to the validity and statistical significance of data on native children; e the barriers to',
+'the development of sustainable, multidisciplinary programs designed to assist high risk native children and families of those high risk native',
+'children; f cultural or socioeconomic challenges in communities of native children; g any examples of successful program models and use',
+'of best practices in programs that serve children and families; h the barriers to interagency coordination on programs benefitting native',
+'children; and i the use of memoranda of agreement or interagency agreements to facilitate or improve agency coordination, including the',
+'effects of existing memoranda or interagency agreements on program service delivery and efficiency. 2 coordination. in conducting the study under',
+'paragraph 1 , the commission shall, to the maximum extent practicable a to avoid duplication of efforts, collaborate with other',
+'workgroups focused on similar issues, such as the task force on american indian/alaska native children exposed to violence of the',
+'attorney general; and b to improve coordination and reduce travel costs, use available technology. 3 recommendations. taking into consideration the',
+'results of the study under paragraph 1 and the analysis of any existing data relating to native children received from',
+'federal agencies, the commission shall a develop recommendations for goals, and plans for achieving those goals, for federal policy relating',
+'to native children in the short , mid , and long term, which shall be informed by the development of',
+'accurate child well being measures, except that the commission shall not consider or recommend the recognition or the establishment of',
+'a government to government relationship with i any entity not recognized on or before the date of enactment of this',
+'act by the federal government through an act of congress, executive action, judicial decree, or any other action; or ii',
+'any entity not included in the list authorized pursuant to the federally recognized indian tribe list act of 1994 25',
+'u.s.c. 479a et seq. ; b make recommendations on necessary modifications and improvements to programs that serve native children at',
+'the federal, state, and tribal levels, on the condition that the recommendations recognize the diversity in cultural values, integrate the',
+'cultural strengths of the communities of the native children, and will result in i improvements to the child welfare system',
+'that i reduce the disproportionate rate at which native children enter child protective services and the period of time spent',
+'in the foster system; ii increase coordination among social workers, police, and foster families assisting native children while in the',
+'foster system to result in the increased safety of native children while in the foster system; iii encourage the hiring',
+'and retention of licensed social workers in native communities; iv address the lack of available foster homes in native communities;',
+'and v reduce truancy and improve the academic proficiency and graduation rates of native children in the foster system; ii',
+'improvements to the mental and physical health of native children, taking into consideration the rates of suicide, substance abuse, and',
+'access to nutrition and health care, including i an analysis of the increased access of native children to medicaid under',
+'the patient protection and affordable care act public law 111 148 and the effect of that increase on the ability',
+'of indian tribes and native hawaiians to develop sustainable health programs; and ii an evaluation of the effects of a',
+'lack of public sanitation infrastructure, including in home sewer and water, on the health status of native children; iii improvements',
+'to educational and vocational opportunities for native children that will lead to i increased school attendance, performance, and graduation rates',
+'for native children across all educational levels, including early education, post secondary, and graduate school; ii localized strategies developed by',
+'educators, tribal and community leaders, and law enforcement to prevent and reduce truancy among native children; iii scholarship opportunities at',
+'a tribal college or university and other public and private postsecondary institutions; iv increased participation of the immediate families of',
+'native children; v coordination among schools and indian tribes that serve native children, including in the areas of data sharing',
+'and student tracking; vi accurate identification of students as native children; and vii increased school counseling services, improved access to',
+'quality nutrition at school, and safe student transportation; iv improved policies and practices by local school districts that would result',
+'in improved academic proficiency for native children; v increased access to extracurricular activities for native children that are designed to',
+'increase self esteem, promote community engagement, and support academic excellence while also serving to prevent unplanned pregnancy, membership in gangs,',
+'drug and alcohol abuse, and suicide, including activities that incorporate traditional language and cultural practices of indians and native hawaiians;',
+'vi taking into consideration the report of the indian law and order commission issued pursuant to section 15 f of',
+'the indian law enforcement reform act 25 u.s.c. 2812 f , improvements to federal, state, and tribal juvenile justice systems',
+'and detention programs i to provide greater access to educational opportunities and social services for incarcerated native children; ii to',
+'promote prevention and reduce incarceration and recidivism rates among native children; iii to identify intervention approaches and alternatives to incarceration',
+'of native children; iv to incorporate families and the traditional cultures of indians and native hawaiians in the juvenile justice',
+'process, including through the development of a family court for juvenile offenses; and v to prevent unnecessary detentions and identify',
+'successful reentry programs; vii expanded access to a continuum of early development and learning services for native children from prenatal',
+'to age 5 that are culturally competent, support native language preservation, and comprehensively promote the health, well being, learning, and',
+'development of native children, such as i high quality early care and learning programs for children starting from birth, including',
+'early head start, head start, child care, and preschool programs; ii programs, including home visiting and family resource and support',
+'programs, that increase the capacity of parents to support the learning and development of the children of the parents, beginning',
+'prenatally, and connect the parents with necessary resources; iii early intervention and preschool services for infants, toddlers, and preschool aged',
+'children with developmental delays or disabilities; and iv professional development opportunities for native providers of early development and learning services;',
+'viii the development of a system that delivers wrap around services to native children in a way that is comprehensive',
+'and sustainable, including through increased coordination among indian tribes, schools, law enforcement, health care providers, social workers, and families; ix',
+'more flexible use of existing federal programs, such as by i providing indians and native hawaiians with more flexibility to',
+'carry out programs, while maintaining accountability, minimizing administrative time, cost, and expense and reducing the burden of federal paperwork requirements;',
+'and ii allowing unexpended federal funds to be used flexibly to support programs benefitting native children, while taking into account',
+'aa the indian employment, training and related services demonstration act of 1992 25 u.s.c. 3401 note; 106 stat. 2302 ;',
+'bb the coordinated tribal assistance solicitation program of the department of justice; cc the federal policy of self determination; and',
+'dd any consolidated grant programs; and x solutions to other issues that, as determined by the commission, would improve the',
+'health, safety, and well being of native children; c make recommendations for improving data collection methods that consider i the',
+'adoption of standard definitions and compatible systems platforms to allow for greater linkage of data sets across federal agencies; ii',
+'the appropriateness of existing data categories for comparative purposes; iii the development of quality data and measures, such as by',
+'ensuring sufficient sample sizes and frequency of sampling, for federal, state, and tribal programs that serve native children; iv the',
+'collection and measurement of data that are useful to indian tribes and native hawaiians; v the inclusion of native children',
+'in longitudinal studies; and vi tribal access to data gathered by federal, state, and local governmental agencies; and d identify',
+'models of successful federal, state, and tribal programs in the areas studied by the commission. f report. not later than',
+'3 years 5 years after the date on which all members of the commission are appointed and amounts are made',
+'available to carry out this act, the commission shall submit to the president, the committee on natural resources of the',
+'house of representatives, the committee on indian affairs of the senate, and the committees on appropriations of the house of',
+'representatives and the senate, a report that contains 1 a detailed statement of the findings and conclusions of the commission;',
+'and 2 the recommendations of the commission for such legislative and administrative actions as the commission considers to be appropriate.',
+'g powers. 1 hearings. a in general. the commission may hold such hearings, meet and act at such times and',
+'places, take such testimony, and receive such evidence as the commission considers to be advisable to carry out the duties',
+'of the commission under this section, except that the commission shall hold not less than 5 hearings in native communities.',
+'b public requirement. the hearings of the commission under this paragraph shall be open to the public. 2 witness expenses.',
+'a in general. a witness requested to appear before the commission shall be paid the same fees and allowances as',
+'are paid to witnesses under section 1821 of title 28, united states code. b per diem and mileage. the fees',
+'and allowances for a witness shall be paid from funds made available to the commission. 3 information from federal, tribal,',
+'and state agencies. a in general. the commission may secure directly from a federal agency such information as the commission',
+'considers to be necessary to carry out this section. b tribal and state agencies. the commission may request the head',
+'of any tribal or state agency to provide to the commission such information as the commission considers to be necessary',
+'to carry out this act. 4 postal services. the commission may use the united states mails in the same manner',
+'and under the same conditions as other agencies of the federal government. 5 gifts. the commission may accept, use, and',
+'dispose of gifts or donations of services or property related to the purpose of the commission. h commission personnel matters.',
+'1 travel expenses. a member of the commission shall be allowed travel expenses, including per diem in lieu of subsistence,',
+'at rates authorized for an employee of an agency under subchapter i of chapter 57 of title 5, united states',
+'code, while away from the home or regular place of business of the member in the performance of the duties',
+'of the commission. 2 detail of federal employees. a in general. on the affirmative vote of \2/3\ of the members',
+'of the commission i the attorney general, the secretary, the secretary of education, and the secretary of the health and',
+'human services shall each detail, without reimbursement, 1 or more employees of the department of justice, the department of the',
+'interior, the department of education, and the department of health and human services; and ii with the approval of the',
+'appropriate federal agency head, an employee of any other federal agency may be, without reimbursement, detailed to the commission. b',
+'effect on detailees. detail under this paragraph shall be without interruption or loss of civil service status, benefits, or privileges.',
+'3 procurement of temporary and intermittent services. a in general. on request of the commission, the attorney general shall provide',
+'to the commission, on a reimbursable basis, reasonable and appropriate office space, supplies, and administrative assistance. b no requirement for',
+'physical facilities. the administrator of general services shall not be required to locate a permanent, physical office space for the',
+'operation of the commission. 4 members not federal employees. no member of the commission, the native advisory committee, or the',
+'native children subcommittee shall be considered to be a federal employee. i termination of commission. the commission shall terminate 90',
+'days after the date on which the commission submits the report under subsection f . j nonapplicability of faca. the',
+'federal advisory committee act 5 u.s.c. app. shall not apply to the commission, the native advisory committee, or the native',
+'children subcommittee. k effect. this act shall not be construed to recognize or establish a government to government relationship with',
+'1 any entity not recognized on or before the date of enactment of this act by the federal government through',
+'an act of congress, executive action, judicial decree, or any other action; or 2 any entity not included in the',
+'list authorized pursuant to the federally recognized indian tribe list act of 1994 25 u.s.c. 479a et seq. . supplemental,',
+'minority, additional, or dissenting views none. all',

House Report 118-42.txt

@@ -0,0 +1,74 @@
+'house report 118 42 from the u.s. government publishing office 118th congress } { report house of representatives 1st session',
+'} { 118 42 precision agriculture satellite connectivity act april 25, 2023. committed to the committee of the whole house',
+'on the state of the union and ordered to be printed mrs. rodgers of washington, from the committee on energy',
+'and commerce, submitted the following r e p o r t to accompany h.r. 1339 the committee on energy and',
+'commerce, to whom was referred the bill h.r. 1339 to require the federal communications commission to review certain rules of',
+'the commission and develop recommendations for rule changes to promote precision agriculture, and for other purposes, having considered the same,',
+'reports favorably thereon without amendment and recommends that the bill do pass. contents page purpose and summary 1 background and',
+'need for legislation 2 committee action 2 committee votes 2 oversight findings and recommendations 5 new budget authority, entitlement authority,',
+'and tax expenditures 5 congressional budget office estimate 5 federal mandates statement 5 statement of general performance goals and objectives',
+'5 duplication of federal programs 5 related committee and subcommittee hearings 5 committee cost estimate 6 earmark, limited tax benefits,',
+'and limited tariff benefits 6 advisory committee statement 6 applicability to legislative branch 6 section by section analysis of the',
+'legislation 6 changes in existing law made by the bill, as reported 7 purpose and summary h.r. 1339 requires the',
+'federal communications commission fcc to review its rules regarding certain satellite communications services to determine if changes to its rules',
+'could promote precision agriculture. if the fcc determines that there are rule changes that could be made under the fccs',
+'existing authority to promote precision agriculture, the fcc must develop recommendations and submit them to congress within 15 months of',
+'enactment. background and need for legislation precision agriculture allows for the optimization of crop yield, water usage, and soil sustainability.',
+'unfortunately, many rural communities have little or no connectivity, thereby reducing the ability for many farmers to utilize precision agriculture.',
+'additionally, there are earth exploration and observation services authorized by the fcc that could promote precision agriculture. these satellite technologies',
+'offer the opportunity to expand the use of precision agriculture throughout the united states, and this legislation would require the',
+'fcc to evaluate its rules to see if there are changes that can be made to promote this deployment. committee',
+'action on february 2, 2023, the subcommittee on communications and technology held a hearing entitled, launching into the state of',
+'the satellite marketplace. the subcommittee received testimony from: tom stroup, president, satellite industry association julie zoller, head of global regulatory',
+'affairs, project kuiper at amazon jennifer a. manner, senior vice president of regulatory affairs, echostar corporation margo deckard, co founder',
+'and chief operating officer, lynk global, inc. kari bingen, director of the aerospace security project and senior fellow at the',
+'international security program, center for strategic and international studies. on february 8, 2023, the subcommittee on communications and technology held',
+'a hearing entitled, liftoff: unleashing innovation in satellite communications technologies. the subcommittee received testimony on h.r. 1339 from: david goldman,',
+'senior director of satellite policy, spacex peter davidson, vice president of global government affairs & policy, intelsat whitney q. lohmeyer,',
+'professor of engineering, olin college of engineering danielle pineres, vice president of regulatory affairs & compliance, planet labs on march',
+'8, 2023, the subcommittee on communications and technology met in open markup session and forwarded h.r. 1339, without amendment, to',
+'the full committee by a record vote of 27 yeas and 0 nays. on march 23, 2023, the full committee',
+'on energy and commerce met in open markup session and ordered h.r. 1339, without amendment, favorably reported to the house',
+'by a record vote of 46 yeas and 0 nays. committee votes clause 3 b of rule xiii requires the',
+'committee to list the record votes on the motion to report legislation and amendments thereto. the following reflects the record',
+'votes taken during the committee consideration: oversight findings and recommendations pursuant to clause 2 b 1 of rule x and',
+'clause 3 c 1 of rule xiii, the committee held a hearing s and made findings that are reflected in',
+'this report. new budget authority, entitlement authority, and tax expenditures pursuant to clause 3 c 2 of rule xiii, the',
+'committee finds that h.r. 1339 would result in no new or increased budget authority, entitlement authority, or tax expenditures or',
+'revenues. congressional budget office estimate pursuant to clause 3 c 3 of rule xiii, at the time this report was',
+'filed, the cost estimate prepared by the director of the congressional budget office pursuant to section 402 of the congressional',
+'budget act of 1974 was not available. federal mandates statement the committee adopts as its own the estimate of federal',
+'mandates prepared by the director of the congressional budget office pursuant to section 423 of the unfunded mandates reform act.',
+'statement of general performance goals and objectives pursuant to clause 3 c 4 of rule xiii, the general performance goal',
+'or objective of this legislation is to require the federal communications commission to review its rules regarding certain satellite communications',
+'services to determine whether any changes could be made to promote precision agriculture, and if so, develop and submit recommendations',
+'to congress on the rule changes that could promote precision agriculture. duplication of federal programs pursuant to clause 3 c',
+'5 of rule xiii, no provision of h.r 1339 is known to be duplicative of another federal program, including any',
+'program that was included in a report to congress pursuant to section 21 of public law 111 139 or the',
+'most recent catalog of federal domestic assistance. related committee and subcommittee hearings pursuant to clause 3 c 6 of rule',
+'xiii, the following hearings were used to develop or consider h.r. 1339: on february 2, 2023, the subcommittee on communications',
+'and technology held a hearing entitled, launching into the state of the satellite marketplace. the subcommittee received testimony from: tom',
+'stroup, president, satellite industry association julie zoller, head of global regulatory affairs, project kuiper at amazon jennifer a. manner, senior',
+'vice president of regulatory affairs, echostar corporation margo deckard, co founder and chief operating officer, lynk global, inc. kari bingen,',
+'director of the aerospace security project and senior fellow at the international security program, center for strategic an international studies.',
+'on february 8, 2023, the subcommittee on communications and technology held a hearing entitled, liftoff: unleashing innovation in satellite communications',
+'technologies. the subcommittee received testimony on h.r. 1339 from: david goldman, senior director of satellite policy, spacex peter davidson, vice',
+'president of global government affairs & policy, intelsat whitney q. lohmeyer, professor of engineering, olin college of engineering danielle pineres,',
+'vice president of regulatory affairs & compliance, planet labs committee cost estimate pursuant to clause 3 d 1 of rule',
+'xiii, the committee adopts as its own the cost estimate prepared by the director of the congressional budget office pursuant',
+'to section 402 of the congressional budget act of 1974. at the time this report was filed, the estimate was',
+'not available. earmark, limited tax benefits, and limited tariff benefits pursuant to clause 9 e , 9 f , and',
+'9 g of rule xxi, the committee finds that h.r. 1339 contains no earmarks, limited tax benefits, or limited tariff',
+'benefits. advisory committee statement no advisory committees within the meaning of section 5 b of the federal advisory committee act',
+'were created by this legislation. applicability to legislative branch the committee finds that the legislation does not relate to the',
+'terms and conditions of employment or access to public services or accommodations within the meaning of section 102 b 3',
+'of the congressional accountability act. section by section analysis of the legislation section. 1. short title this section designates that',
+'the short title may be cited as the precision agriculture satellite connectivity act. section. 2. precision agriculture satellite connectivity subsection',
+'a requires the federal communications commission the commission , in consultation with its precision agriculture task force, to 1 review',
+'the rules of the commission relating to fixed satellite service, mobile satellite service, and earth exploration satellite service to determine',
+'whether there are any changes to its rules that could promote precision agriculture; and 2 if the commission identifies such',
+'changes, to develop recommendations for how to implement those changes. subsection b requires the commission to submit, not later than',
+'15 months after the date of enactment, a report to the house committee on energy and commerce and the senate',
+'committee on commerce, science, and transportation on the results of the review conducted under subsection a , including any recommendations.',
+'subsection c defines key terms. changes in existing law made by the bill, as reported this legislation does not amend',
+'any existing federal statute.',

House Report 118-83.txt

@@ -0,0 +1,307 @@
+'house report 118 83 from the u.s. government publishing office 118th congress } { report house of representatives 1st session',
+'} { 118 83 separation of powers restoration act of 2023 june 1, 2023. committed to the committee of the',
+'whole house on the state of the union and ordered to be printed mr. jordan, from the committee on the',
+'judiciary, submitted the following r e p o r t together with minority views to accompany h.r. 288 the committee',
+'on the judiciary, to whom was referred the bill h.r. 288 to amend title 5, united states code, to clarify',
+'the nature of judicial review of agency interpretations of statutory and regulatory provisions, having considered the same, reports favorably thereon',
+'with an amendment and recommends that the bill as amended do pass. contents page purpose and summary 2 background and',
+'need for the legislation 2 hearings 5 committee consideration 5 committee votes 5 committee oversight findings 9 new budget authority',
+'and tax expenditures 9 congressional budget office cost estimate 9 committee estimate of budgetary effects 9 duplication of federal programs',
+'9 performance goals and objectives 9 advisory on earmarks 10 federal mandates statement 10 advisory committee statement 10 applicability to',
+'legislative branch 10 section by section analysis 10 changes in existing law made by the bill, as reported 10 minority',
+'views 11 the amendment is as follows: strike all that follows after the enacting clause and insert the following: section',
+'1. short title. this act may be cited as the separation of powers restoration act of 2023 or sopra. sec.',
+'2. judicial review of statutory and regulatory interpretations. section 706 of title 5, united states code, is amended 1 by',
+'striking to the extent necessary and inserting a to the extent necessary; 2 by striking decide all relevant questions of',
+'law, interpret constitutional and statutory provisions, and; 3 by inserting after of the terms of an agency action the following',
+'and decide de novo all relevant questions of law, including the interpretation of constitutional and statutory provisions, and rules made',
+'by agencies. notwithstanding any other provision of law, this subsection shall apply in any action for judicial review of agency',
+'action authorized under any provision of law. no law may exempt any such civil action from the application of this',
+'section except by specific reference to this section; and 4 by striking the reviewing court shall and inserting the following:',
+'b the reviewing court shall . purpose and summary h.r. 288, the separation of powers restoration act of 2023 or',
+'sopra, introduced by rep. scott fitzgerald r wi , amends the administrative procedure act to legislatively override the chevron, u.s.a.,',
+'inc. v. natural resources defense council,\1\ auer v. robbins,\2\ kisor v. wilkie,\3\ and skidmore v. swift & co.\4\ judicial deference',
+'doctrines and requires courts to decide de novo all questions of law, including the interpretation of statutes, rules, and guidance.',
+'\1\467 u.s. 837 1984 . \2\519 u.s. 452 1997 . \3\588 u.s. , 139 s. ct. 2400 2019 . \4\323',
+'u.s. 134 1944 . background and need for the legislation i. the administrative procedure act and judicial deference to agencies',
+'the administrative procedure act apa requires that courts reviewing agency actions shall decide all relevant questions of law, interpret constitutional',
+'and statutory provisions, and . . . hold unlawful and set aside agency . . . conclusions found to be',
+'. . . not in accordance with law.\5\ as provided by the statute, this scheme is consistent with the bedrock',
+'principle that it is emphatically the province and duty of the judicial department to say what the law is.\6\ \5\5',
+'u.s.c. sec. 706. \6\marbury v. madison, 5 u.s. 137, 177 1803 . however, a series of supreme court decisions have',
+'turned the apas statutory scheme and the constitutions separation of powers on its head. when applicable, these cases require courts',
+'to enforce an agencys reasonable interpretation of the law regardless of whether the agency has the correct interpretation instead of',
+'saying what the law actually is.\7\ for example, the courts decision in chevron, u.s.a., inc. v. nat. res. def. council,',
+'inc. requires courts to defer to administrative interpretations of ambiguous statutes rather than to exercise their independent judgment as to',
+'statutory meaning.\8\ similarly, its decisions in auer v. robbins\9\ and kisor v. wilkie require courts to defer to reasonable agency',
+'interpretations of ambiguous rules instead of determining what those rules actually provide.\10\ further, the courts decision in skidmore v. swift',
+'& co. may require courts to defer even to persuasive agency rulings, interpretations and opinions i.e., guidance documents that have',
+'neither been passed by congress nor subjected to the apas notice and comment procedures.\11\ \7\reining in the administrative state: reclaiming',
+'congresss legislative power: hearing before the subcomm. on the administrative state, regulatory reform, and antitrust of the h. comm. on',
+'the judiciary, 118th cong. 1 2023 statement of allyson n. ho, partner, gibson, dunn & crutcher llp . \8\467 u.s.',
+'837, 844 1984 . \9\519 u.s. 452 1997 . \10\588 u.s. , 139 s. ct. 2400, 2422 2019 . \11\323',
+'u.s.134, 140 1944 . as justice neil gorsuch explained on behalf of himself and justice clarence thomas in a concurring',
+'opinion in kisor, the effect of these judicial deference doctrines is systematic judicial bias in favor of the federal government,',
+'the most powerful of parties, and against everyone else.\12\ representative hageman amplified this concern during the committees consideration of this',
+'bill: \12\kisor, 588 u.s. , 139s. ct. at 2425 gorsuch, j., concurring . judicial deference is a harmful doctrine placing',
+'the american people at a distinct disadvantage in court when going up against what has become an all too powerful',
+'administrative state. . . . it also undermines the very purpose of judicial review by creating systemic judicial bias in',
+'favor of administrative agencies, which at this point in time have become far too powerful and far too dictatorial in',
+'their actions. . . . what the deference doctrine actually does is it places the thumb on the scale of',
+'the administrative agency against the citizens of this country, the exact opposite of what is the foundation of america and',
+'what is the foundation of our form of government.\13\ \13\markup of h.r.288 before the h. comm. on the judiciary, 118th',
+'cong. 376:8,694 395:9,139. further, deference to the administrative state reduces incentives for legislative compromise and promotes instability and therefore illegitimacy',
+'in the law.\14\ former united states solicitor general paul clement remarked in may 2023: \14\see the federalist no. 78 alexander',
+'hamilton to avoid an arbitrary discretion in the courts, it is indispensable that they should be bound down by strict',
+'rules and precedents. . . . . if you ask yourself, why is it that congress passes less and less',
+'major legislation each year?, i think that a large share of the blame actually goes to the administrative state and',
+'the chevron doctrine. and the reason, i think, is straightforward. i mean, the way you used to get legislation passed',
+'is youd get some kind of legislative compromise between folks on the right and folks on the left. . .',
+'. well, with the chevron doctrine and the ability of agencies to essentially take anything that looks like an ambiguity',
+'and do rulemaking, the reason you dont get compromise, in my view, is that at any given time, about half',
+'the people in congress can get their friends in the executive branch to do what they want just through an',
+'administrative rule. so why compromise? if you can get the immediate objective through an administrative rule, why compromise for a',
+'long term solution thats in legislation? and then of course that creates the other dynamic, which is the fundamental law',
+'and some of the most important issues in our society changes every four years, or at least every time there',
+'is a new administration. because instead of having a compromise law that becomes the law of the land across administrations,',
+'you have a rule thats over here in one administration and then it flips all the way to the other',
+'side in the next administration.\15\ \15\ paul d. clement, remarks at the republican national lawyers association 2023 national policy conference',
+'may 12, 2023 . more fundamentally, the judicial deference doctrines infringe upon the constitutional separation of powers and reduce the',
+'accountability of government to the american people. deference gives federal agencies broad authority to essentially write a regulation that has',
+'the force of law and allows them to step into the role that congress has not the executive.\16\ further, as',
+'justice antonin scalia once explained, it violates a fundamental principle of separation of powers for the power to write a',
+'law and the power to interpret it to rest in the same hands as it does when courts defer to',
+'agency interpretations of their own rules and guidance.\17\ in addition, increasing the power of the administrative state further removes and',
+'insulates policymakers from electoral accountability because, unlike congress and the president, federal agencies are not directly accountable to the people.\18\',
+'\16\see ho, supra note 7, at 2. \17\decker v. nw. envt def. ctr., 568 u.s. 597, 619 2013 scalia, j.,',
+'concurring . \18\chevron, 467 u.s. at 865. ii. the separation of powers restoration act the separation of powers restoration act',
+'sopra is a good step toward remedying the foregoing problems that have been caused by the administrative states ambition and',
+'encroachment. the bill would amend the apa to expressly require courts to decide de novo all relevant questions of law,',
+'including the interpretation of constitutional and statutory provisions, and rules made by agencies.\19\ this standard would restore the courts role',
+'as the branch that interprets the law under the constitution and the apa. the bill would level the playing field',
+'for americans in litigation against their government.\20\ it will promote better legislative outcomes and stability in the law. most significantly,',
+'sopra would help to restore the constitutional separation of powers between the legislative, executive, and judicial branches; enhance the electrical',
+'accountability of policymakers; and reduce the power of the administrative state. \19\sopra, h.r. 288, 118th cong. sec. 2 2023 .',
+'\20\markup of h.r. 288 before the h. comm. on the judiciary, supra note 13, at 376:8,709. sopra would legislatively override',
+'the chevron doctrine of judicial deference to agency interpretations of ambiguous statutes. the bill expressly requires courts to review de',
+'novo i.e., without deference agency interpretations of statutes. similarly, sopra would overrule the auer kisor doctrine of judicial deference to',
+'agency interpretations of ambiguous rules. moreover, sopra would repeal the skidmore doctrine of judicial deference to persuasive agency guidance. the',
+'bill expressly applies de novo review to all relevant questions of law, which include the interpretation of guidance.\21\ further, the',
+'definition of rule under the apa includes both interpretative rules and general statements of policy i.e., agency guidance documents.\22\ as',
+'representative hageman explained the bills intention: because guidance is by definition intended to guide something related to a statute or',
+'regulation it must also be subject to de novo review under this bills language the judicial de novo review of',
+'all relevant questions of law includes questions of law surrounding agency guidance.\23\ \21\ sopra, h.r. 288, 118th cong. sec. 2',
+'2023 . \22\5 u.s.c. sec. 553 b 3 a ; see chrysler, 441 u.s. at 302 n. 31; perezv. mortg.',
+'bankers assn, 575 u.s. 92, 96 2015 not all rules must be issued through the notice and comment process, and',
+'the notice and comment requirement does not apply to interpretative rules or general statements of policy. \23\markup of h.r. 288',
+'before the h. comm. on the judiciary, supra note 13, at 376:8,713 378:8,745. hearings for the purposes of clause 3',
+'c 6 a of house rule xiii, the following hearing was used to develop h.r. 288: reining in the administrative',
+'state: reclaiming congresss legislative power, a hearing held on march 10, 2023, before the subcommittee on the administrative state, regulatory',
+'reform, and antitrust. the committee heard testimony from the following witnesses: allyson n. ho, partner and co chair of appellate',
+'and constitutional law, gibson, dunn & crutcher llp; jonathan wolfson, chief legal officer and policy director, cicero institute; ryan cleckner,',
+'co founder, gun university llc and owner, law office of ryan m. cleckner; and emily hammond, professor, george washington university',
+'law school. the hearing addressed the growth of the administrative state and the effect of judicial deference doctrines on the',
+'separation of powers. committee consideration on may 10, 2023, the committee met in open session and ordered the bill, h.r.',
+'288, favorably reported with an amendment in the nature of a substitute, by a roll call vote of 15 to',
+'5, a quorum being present. committee votes in compliance with clause 3 b of house rule xiii, the following roll',
+'call votes occurred during the committees consideration of h.r. 288: 1. vote on amendment 1 to h.r. 288 ans, offered',
+'by mr. schiff, failed 5 15 2. vote on amendment 2 to h.r. 288 ans, offered by mr. nadler, failed',
+'5 15 3. vote on favorably reporting h.r. 288, as amended, passed 15 5 graphic s not available in tiff',
+'format committee oversight findings in compliance with clause 3 c 1 of house rule xiii, the committee advises that the',
+'findings and recommendations of the committee, based on oversight activities under clause 2 b 1 of rule x of the',
+'rules of the house of representatives, are incorporated in the descriptive portions of this report. new budget authority and tax',
+'expenditures with respect to the requirements of clause 3 c 2 of rule xiii of the rules of the house',
+'of representatives and section 308 a of the congressional budget act of 1974 and with respect to the requirements of',
+'clause 3 c 3 of rule xiii of the rules of the house of representatives and section 402 of the',
+'congressional budget act of 1974, the committee has requested but not received a cost estimate for this bill from the',
+'director of the congressional budget office. the committee has requested but not received from the director of the congressional budget',
+'office a statement as to whether this bill contains any new budget authority, spending authority, credit authority, or an increase',
+'or decrease in revenues or tax expenditures. the chairman of the committee shall cause such estimate and statement to be',
+'printed in the congressional record upon its receipt by the committee. congressional budget office cost estimate with respect to the',
+'requirement of clause 3 c 3 of rule xiii of the rules of the house of representatives, a cost estimate',
+'provided by the congressional budget office pursuant to section 402 of the congressional budget act of 1974 was not made',
+'available to the committee in time for the filing of this report. the chairman of the committee shall cause such',
+'estimate to be printed in the congressional record upon its receipt by the committee. committee estimate of budgetary effects with',
+'respect to the requirements of clause 3 d 1 of rule xiii of the rules of the house of representatives,',
+'the committee adopts as its own the cost estimate prepared by the director of the congressional budget office pursuant to',
+'section 402 of the congressional budget act of 1974. duplication of federal programs pursuant to clause 3 c 5 of',
+'house rule xiii, no provision of h.r. 288 establishes or reauthorizes a program of the federal government known to be',
+'duplicative of another federal program. performance goals and objectives the committee states that pursuant to clause 3 c 4 of',
+'house rule xiii, h.r. 288 would amend the administrative procedure act to legislatively override the chevron, u.s.a., inc. v. natural',
+'resources defense council, auer v. robbins, kisor v. wilkie, and skidmore v. swift & co. judicial deference doctrines and require',
+'courts to decide de novo all questions of law, including the interpretation of statutes, rules, and guidance. advisory on earmarks',
+'in accordance with clause 9 of house rule xxi, h.r. 288 does not contain any congressional earmarks, limited tax benefits,',
+'or limited tariff benefits as defined in clauses 9 d , 9 e , or 9 f of house rule',
+'xxi. federal mandates statement an estimate of federal mandates prepared by the director of the congressional budget office pursuant to',
+'section 423 of the unfunded mandates reform act was not made available to the committee in time for the filing',
+'of this report. the chairman of the committee shall cause such estimate to be printed in the congressional record upon',
+'its receipt by the committee. advisory committee statement no advisory committees within the meaning of section 5 b of the',
+'federal advisory committee act were created by this legislation. applicability to legislative branch the committee finds that the legislation does',
+'not relate to the terms and conditions of employment or access to public services or accommodations within the meaning of',
+'section 102 b 3 of the congressional accountability act pub. l. 104 1 . section by section analysis section 1.',
+'short title. this section sets forth the short title of the bill as the separation of powers restoration act of',
+'2023. section 2. judicial review of statutory and regulatory interpretations. this section amends the administrative procedure act to provide that',
+'courts shall decide de novo all relevant questions of law, including the interpretation of constitutional and statutory provisions and rules',
+'made by agencies. changes in existing law made by the bill, as reported in compliance with clause 3 e of',
+'rule xiii of the rules of the house of representatives, changes in existing law made by the bill, as reported,',
+'are shown as follows existing law proposed to be omitted is enclosed in black brackets, new matter is printed in',
+'italics, and existing law in which no change is proposed is shown in roman : title 5, united states code',
+'part i the agencies generally chapter 7 judicial review sec. 706. scope of review to the extent necessary a to',
+'the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional',
+'and statutory provisions, and determine the meaning or applicability of the terms of an agency action and decide de novo',
+'all relevant questions of law, including the interpretation of constitutional and statutory provisions, and rules made by agencies. notwithstanding any',
+'other provision of law, this subsection shall apply in any action for judicial review of agency action authorized under any',
+'provision of law. no law may exempt any such civil action from the application of this section except by specific',
+'reference to this section. the reviewing court shall b the reviewing court shall 1 compel agency action unlawfully withheld or',
+'unreasonably delayed; and 2 hold unlawful and set aside agency action, findings, and conclusions found to be a arbitrary, capricious,',
+'an abuse of discretion, or otherwise not in accordance with law; b contrary to constitutional right, power, privilege, or immunity;',
+'c in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; d without observance of procedure required',
+'by law; e unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or',
+'otherwise reviewed on the record of an agency hearing provided by statute; or f unwarranted by the facts to the',
+'extent that the facts are subject to trial de novo by the reviewing court. in making the foregoing determinations, the',
+'court shall review the whole record or those parts of it cited by a party, and due account shall be',
+'taken of the rule of prejudicial error. minority views i. introduction h.r. 288, the separation of powers restoration act or',
+'sopra, represents another effort by republicans to dismantle the administrative state by modifying the scope of judicial review for agency',
+'actions by authorizing courts to decide de novo i.e., without giving deference to the agencys interpretation all relevant questions of',
+'law, including 1 rules made by agencies, and 2 constitutional and statutory provisions. effectively, this bill eliminates the decades old',
+'precedent set by chevron u.s.a., inc. v. natural resources defense council, inc.\1\ in which the courts use a legal test',
+'to decide when the court should defer to the agencys answer or interpretation of statutory authority. in short, the doctrine',
+'of chevron deference holds that judicial deference to an agencys interpretation is appropriate as long as it is not unreasonable,',
+'and congress has spoken directly to the precise issue at question. although the courts have eroded the doctrine of chevron',
+'deference somewhat in recent years, it remains an important tenet of administrative law. \1\468 u.s. 837 1984 . among its',
+'many flaws, sopra would encourage judicial activism by requiring judges to second guess the carefully crafted regulations from agencies. the',
+'bill would also make the rulemaking process even more time consuming and costly by forcing agencies to adopt even more',
+'detailed factual records and explanations to withstand judicial scrutiny, thus delaying the finalization of critical, and possibly lifesaving, regulations. by',
+'requiring this deeper report, the agency rulemaking process would be skewed in favor of those with significant resources as they',
+'have an edge against smaller groups to overwhelm the process with possibly bogus reports, paperwork, demands, and litigation. along with',
+'democrats, who were united in opposition to sopra, rep. matt gatez r fl spoke in opposition to the bill, arguing',
+'that judicial deference to the executive has deep roots in our country and that to undermine this precedent would mean',
+'that we are opening the doors to judicial activism and policy making from the bench. during markup, rep. adam schiff',
+'d ca offered an amendment that would prohibit the law from taking effect until the judicial conference certifies to congress',
+'that each court of the u.s. has a code of conduct in effect. this amendment was defeated along party lines.',
+'rep. nadler d ny offered an amendment to exclude the fda from the bill, which was also defeated along party',
+'lines. ii. concerns most administrative law scholars reject the need for a legislative override of judicial deference because it would',
+'make the rulemaking process more costly and time consuming by forcing agencies to adopt more detailed factual records and explanations,',
+'effectively imposing more procedural requirements on agency rulemaking.\2\ this cumulative burden would have the effect of further ossifying the rulemaking',
+'process or dissuading agencies from undertaking rulemakings altogether.\3\ accordingly, the coalition for sensible safeguards css a coalition of more than',
+'160 consumer, labor, scientific, research, faith, community, environmental, small business, good government, public health and public interest groups opposes sorpa.\4\',
+'\2\aba sec. of admin. l. & reg. prac., comments on h.r. 3010, the regulatory accountability act of 2011, 64 admin.',
+'l. rev. 619, 667 2012 debate on these principles continues, but the prevailing system works reasonably well, and no need',
+'for legislative intervention to revise these principles is apparent. ; see letter from anna shavers, chair, aba section of administrative',
+'law and regulatory practice, to sens. carper and coburn on s. 1029, the regulatory accountability act of 2013, at 17,',
+'http://www.americanbar.org/content/ dam/aba/administrative/administrative law/ s 1029 comments dec 2014.authcheckdam.pdf discussing reform of judicial deference to interpretations of rules ; see letter',
+'from 84 administrative law academics to h. judiciary comm. chair bob goodlatte r va and h. judiciary comm. ranking member',
+'john conyers, jr. d mi , 2 jan. 12, 2015 on file with the h. comm. on the judiciary, democratic',
+'staff . \3\see id. \4\the separation of powers restoration act, coalition for sensible safeguards, https://sensiblesafeguards.org/issues/separation powers restoration act/ last visited',
+'may 31, 2023 . heightened judicial review would also increase the risk of judicial activism by allowing generalist courts to',
+'supplant the expertise of federal agencies with their views. finally, as a general matter, administrative law experts believe that there',
+'is no need to amend fundamentally the administrative procedure act apa , including its treatment of judicial review.\5\ they argue',
+'that the apas drafters were not unlike those of the constitution in that they had great foresight in making the',
+'apa flexible and broad enough so that it is able to fit changing times.\6\ the apa has served, and should',
+'continue to serve, as a kind of constitution for administrative agencies and the affected public flexible enough to accommodate the',
+'variety of agencies operating under it and the changes in modern life.\7\ \5\see sidney a. shapiro, a delegation theory of',
+'the apa, 10 admin. l.j. am. u. 89, 89 1996 . \6\see id. \7\letter from 84 administrative law academics to',
+'h. judiciary comm. chair bob goodlatte r va and h. judiciary comm. ranking member john conyers, jr. d mi ,',
+'2 jan. 12, 2015 on file with the h. comm. on the judiciary, democratic staff . since the late 1980s,',
+'administrative law scholars have complained that heightened scrutiny of agency rulemaking has played a major role in regulatory ossification and',
+'avoidance i.e., dissuading agencies from pursuing regulations in the first place .\8\ for example, professor richard pierce of the george',
+'washington university law school contends that the judicial branch is responsible for most of the ossification of the rulemaking process.\9\',
+'he further notes that enhanced judicial review may have the effect of rewriting the statutory requirements under the apa for',
+'informal rulemaking, and could even invalidate roughly half of rules on appeal.\10\ \8\richard j. pierce, jr., two problems in administrative',
+'law: political polarity on the district of columbia circuit and judicial deterrence of agency rulemaking, 1988 duke l.j. 300, 309',
+'1988 courts also have diminished agency interest in systematic policymaking by imposing requirements that agencies find unfindable facts and support',
+'those findings with unattainable evidence. . richard j. pierce, jr., seven ways to deossify agency rulemaking, 47 admin. l. rev.',
+'59, 61 1995 many agencies avoid rulemaking because of the fear that after years of effort and expenditure of millions',
+'of dollars, a rule will be struck down by the courts on judicial review. . for additional background on regulatory',
+'ossification, see generally brian j. shearer, outfoxing alaska hunters: how arbitrary and capricious review of changing regulatory interpretations can more',
+'efficiently police agency discretion, 62 am. u. l. rev. 167, 169 70 2012 the ossification theory contends that rulemaking has',
+'become increasingly burdensome for agencies due to congressionally imposed and judicially fabricated procedures. . \9\richard j. pierce, jr., seven ways',
+'to deossify agency rulemaking, 47 admin. l. rev. 59, 65 1995 . \10\id. the non partisan congressional research service crs',
+'also observes that enhanced judicial review may skew the agency fact finding process in favor of those with the resources',
+'to shape the agency record by making it more lengthy and costly.\11\ crs warns that enhanced judicial review will cause',
+'delay, complexity, and uncertainty in the administrative process which may be seen to have its most severe and direct impact',
+'on the ability of public interest representatives to effectively participate in the process.\12\ \11\morton rosenberg, the future of public participation',
+'in informal agency rulemaking under pending regulatory reform proposals, cong. research serv. report for congress 47 47 1982 . \12\id.',
+'at 44. in addition, enhanced judicial review could affect public participation in the rulemaking process in other ways, including how',
+'agency officials conduct proceedings in anticipation of review, as well as the increased judicial activism that the reform would spur,',
+'where individuals have little role in private litigation.\13\ furthermore, parties that oppose a rule could create additional costs and delay',
+'in the rulemaking process by increasing the number of appeals of agency determinations.\14\ \13\id. \14\id. eliminating judicial deference may also',
+'incentivize judicial activism by allowing a reviewing court to substitute its policy preferences for those of the agency.\15\ rather than',
+'deferring to agencies substantive expertise, enhanced judicial review would enable generalist courts to make policy by applying their policy preferences',
+'to their review of an agency rule, whether they do so consciously or not. activist judges, however, lack the political',
+'accountability and expertise of agencies.\16\ as professor pierce notes, courts lacked explicit authority to review most agency rulemaking until the',
+'late nineteenth century.\17\ over the past century, however, the supreme court has routinely held that it is the exclusive province',
+'of the congress not only to formulate legislative policies and mandate programs and projects, but also to establish their relative',
+'priority for the nation.\18\ the court emphatically made this point in chevron: \15\id. at 48 51. \16\id; henry p. monaghan,',
+'marbury and the administrative state, 83 colum. l. rev. 1, 14 1983 but whatever the logic of the marbury argument',
+'or the wisdom of strong judicial control of administrative law making, the marshall court itself gave early sanction to deference',
+'principles. ; ronald m. levin, identifying questions of law in administrative law, 74 geo. l.j. 1, 18 1985 marbury does',
+'not make clear whether the exercise of independent judicial judgment to keep agencies within statutory bounds is constitutionally indispensable. .',
+'\17\the chevron doctrine: constitutional and statutory questions in judicial deference to agencies: hearing before the subcomm. on regulatory reform, commercial',
+'and antitrust law of the h. comm. on the judiciary, 114th cong. 4 2016 statement of prof. richard pierce until',
+'late in the nineteenth century, courts could not and did not review the vast majority of agency actions. the supreme',
+'court held that courts lacked the power to review exercises of executive branch discretion. a court could review an action',
+'taken by the executive branch or a refusal to act only in the rare case in which a statute compelled',
+'an agency to act in a particular manner. in that situation, the court was simply requiring the agency to take',
+'a non discretionary ministerial action. hereinafter house hearing. \18\see tennessee valley auth. v. hill, 437 u.s. 153, 194 1978 once',
+'congress, exercising its delegated powers, has decided the order of priorities in a given area, it is for the executive',
+'to administer the laws and for the courts to enforce them when enforcement is sought. . judges are not experts',
+'in the field, and are not part of either political branch of the government. . . . in contrast, an',
+'agency to which congress has delegated policy making responsibilities may, within the limits of that delegation, properly rely upon the',
+'incumbent administrations views of wise policy to inform its judgments. while agencies are not directly accountable to the people, the',
+'chief executive is, and it is entirely appropriate for this political branch of the government to make such policy choices',
+'resolving the competing interests which congress itself either inadvertently did not resolve, or intentionally left to be resolved by the',
+'agency charged with the administration of the statute in light of everyday realities.\19\ \19\chevron, u.s.a., inc. v. nat. res. def.',
+'council, inc., 467 u.s. 837, 865 1984 . lastly, h.r. 288 is a solution to a non existent problem. notwithstanding',
+'the debate surrounding deference principles,\20\ the american bar association aba administrative law section has clarified that judicial review remains relatively',
+'stable today, combining the features of chevron deference with the careful scrutiny of the hard look doctrine: \20\hearing on h.r.',
+'3438, the require evaluation before implementing executive wishlists act of 2015; and, h.r.2631, the regulatory predictability for business growth act',
+'of 2015 before the subcomm. on regulatory reform, commercial and antitrust law of the h. comm. on the judiciary, 114th',
+'cong. 2015 statement of william funk, lewis & clark distinguished professor of law, lewis & clark law school the cases',
+'explaining when chevron deference should apply are confusing, and even experts and supreme court justices do not seem to agree',
+'on what the test is. . judicial review of agency decisionmaking today is relatively stable, combining principles of restraint with',
+'the careful scrutiny that goes by the nickname hard look review. since the time of such landmark decisions as chevron',
+'and state farm and, of course, for decades prior to their issuance , courts have striven to work out principles',
+'that are intended to calibrate the extent to which they will accept, or at least give weight to, decisions by',
+'federal administrative agencies. debate on these principles continues, but the prevailing system works reasonably well, and no need for legislative',
+'intervention to revise these principles is apparent.\21\ \21\aba sec. of admin. l. & reg. prac., comments on h.r. 3010, the',
+'regulatory accountability act of 2011, 64 admin. l. rev. 619, 667 2012 . professor levin similarly notes that agencies succeed',
+'on appeal in roughly 70% of cases regardless of whether the court applies chevron or hard look review, suggesting that',
+'many other factors ultimately affect the outcome of a courts review.\22\ \22\examining the proper role of judicial review in the',
+'federal regulatory process: hearing before the subcomm. on regulatory affairs and fed. management of the s. comm. on homeland security',
+'and government affairs, 114th cong. 38 2015 statement of prof. ron levin , at 41 https://www.gpo.gov/fdsys/pkg/chrg 114shrg94906/pdf/chrg 114shrg94906.pdf hereinafter senate',
+'hearing; see also richard j. pierce, jr., & joshua weiss, an empirical study of judicial review of agency interpretations of',
+'agency rules, 63 admin. l. rev. 515, 515 2011 . judicial deference to agency rulemaking is also constitutionally sound. as',
+'the chevron court observed, the constitution does not endow federal judges with policymaking authority: when a challenge to an agency',
+'construction of a statutory provision, fairly conceptualized, really centers on the wisdom of the agencys policy, rather than whether it',
+'is a reasonable choice within a gap left open by congress, the challenge must fail. in such a case, federal',
+'judges who have no constituency have a duty to respect legitimate policy choices made by those who do. the responsibilities',
+'for assessing the wisdom of such policy choices and resolving the struggle between competing views of the public interest are',
+'not judicial ones: our constitution vests such responsibilities in the political branches.\23\ \23\chevron, u.s.a., inc. v. nat. res. def. council,',
+'inc., 467 u.s. 837, 866 1984 . the body of precedent surrounding judicial deference already allows for checks on executive',
+'abuses; ending this tradition would raise countervailing separation of powers concerns, as professor levin explains: the court has developed a',
+'sophisticated, though always evolving, body of precedents in order to calibrate the complex relationship between courts and agencies. these precedents',
+'do provide for a check on executive abuses, but they also reflect a wise recognition that judges do not have',
+'a monopoly on wisdom, especially in regard to the specialized problems that arise in the interpretation of regulations. . .',
+'. elimination of all judicial deference . . . may raise countervailing separation of powers concerns of its own. it',
+'brings to mind the reasoning of the chevron opinion, in which justice stevens cautioned the courts against being too quick',
+'to substitute their judgments for those of politically accountable administrators.\24\ \24\senate hearing, supra note 21, at 48 statement of prof.',
+'ron levin . furthermore, congress has historically yielded to the expertise of the executive branch. professor sidney shapiro, a leading',
+'administrative law expert, explains that it is difficult for legislators to resolve the policy and political conflicts produced by most',
+'reform proposals, while delegation enabled agencies to fine tune procedures in different institutional settings and to make incremental changes more',
+'easily than if legislation was necessary.\25\ professor pierce has similarly cautioned against the legislative reform of the chevron doctrine: \25\sidney',
+'a. shapiro, a delegation theory of the apa, 10 admin. l.j. am. u. 89, 109 1996 . i do not',
+'see any opportunity for congress to make beneficial changes in this area of law by statute at present. the courts',
+'have ample discretion to make any needed changes or clarifications in this area of law without any changes in the',
+'statutes that now govern this area of law. courts are in the best position institutionally to make the kinds of',
+'changes in legal doctrines that would have a realistic chance of improving the legal framework within which agencies make rules',
+'and the quality and timeliness of the resulting rules.\26\ \26\house hearing, supra note 16, at 9 statement of prof. richard',
+'pierce . iii. conclusion sopra represents the latest step in the republicans decades long attack on the regulatory process, trying',
+'to add hurdle after hurdle to the rulemaking process to prevent regulations, including those that protect public health and safety,',
+'from taking effect. h.r. 288 would undermine decades old supreme court precedent and allow for policy making from the bench',
+'as judges would be statutorily prevented from granting deference to agencies decisionmaking. instead of deferring to the expert, deliberate, and',
+'carefully crafted rules made by our agencies, the bill would instead allow for judges to substitute their own decisionmaking for',
+'that of the informed agency. the bill would also create more opportunities for corporate interests to skew the rulemaking process',
+'and judicial review of that process in their favor. finally, the bill would create more cost and delay in agency',
+'rulemaking, thus undermining the many economic benefits regulations bring and delaying critical rules and regulations. for all of these reasons,',
+'i dissent and urge all of my colleagues to oppose this legislation. jerrold nadler, ranking member. all',