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# EEO/Civil Rights Program

## Equal Employment Opportunityand Civil Rights Program 

 

## Affirmative Employmentand Diversity Management

 

## Special Emphasis Programs/EEO Advisory Committees

 

## Reasonable Accommodation Procedures 

 

## Resources

                - Disabled Veterans Affirmative Action Program (DVAAP) Accomplishment Report for FY 2021  and  Action Plan for FY 2022
                - Federal Equal Opportunity Recruitment Program (FEORP) for FY 2020  and  Action Plan FY 2021
                - FY 2021 MD-715 Report (full copy with workforce tables)
                - Office of Small Business and Civil Rights
                - Equal Employment Opportunity Commission (EEOC)
                - Office of Personnel Management (OPM) 

Page Last Reviewed/Updated Wednesday, March 15, 2023

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Page Last Reviewed/Updated Wednesday, March 15, 2023
II 

117TH CONGRESS 

2D SESSION S. 5088 

To amend title XVIII of the Social Security Act to improve the enrollment 

of retiring individuals in the Medicare program. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 15, 2022 

Mr. CASEY (for himself and Mr. PORTMAN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to improve 

the enrollment of retiring individuals in the Medicare 

program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Healthcare Enrollment 

5 Reform Modernization and Navigation Act’’. 

6 SEC. 2. COORDINATION OF MEDICARE BENEFITS WITH 

7 OTHER HEALTH CARE INSURANCE. 

8 (a) IN GENERAL.—Section 1862(b)(1)(A) of the So9 cial Security Act (42 U.S.C. 1395y(b)(1)(A)) is amended 

10 by adding at the end the following new clause: 


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2 

•S 5088 IS

1 ‘‘(vi) COORDINATION OF BENEFITS

2 WITH OTHER HEALTH CARE INSURANCE.— 

3 Notwithstanding any other provision of 

4 law, in the event that an individual is en5 rolled in an employer group health plan 

6 (including a multiemployer or multiple em7 ployer group health plan) by virtue of cur8 rent employment status with an employer 

9 that does not have 20 or more individuals 

10 in current employment status for each 

11 working day in each of 20 or more cal12 endar weeks in the current calendar year 

13 and the preceding calendar year and the 

14 individual is eligible but not enrolled in 

15 coverage under part B, such employer 

16 group health plan shall not reduce benefits 

17 under the plan with respect to the indi18 vidual on the basis that the individual 

19 could have been enrolled in coverage under 

20 part B. Nothing in the preceding sentence 

21 shall require such employer group health 

22 plan to provide coverage to an individual 

23 who elects to enroll in coverage under part 

24 B or to prohibit such plan from termiVerDate Sep 11 2014 03:07 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5088.IS S5088

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3 

•S 5088 IS

1 nating such coverage or reducing benefits 

2 if such individual makes such election.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall apply to items and services furnished 

5 on or after the date of the enactment of this Act. 

Æ 


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### **CHAPTER 9—LIQUOR ENFORCEMENT ACT OF 1936**
### §1139. Separability

If any provision of this chapter, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

(Pub. L. 93–406, title I, §509, Sept. 2, 1974, 88 Stat. 895.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 93–406, known as the Employee Retirement Income Security Act of 1974. Titles I, III, and IV of such Act are classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.

#### **Statutory Notes and Related Subsidiaries**

#### Regulations

Secretary authorized, effective Sept. 2, 1974, to promulgate regulations wherever provisions of this subchapter call for the promulgation of regulations, see section 1031 of this title.
#### Sarah A. Wheeler, Appellant, v. Woodside Residences, Inc., et al., Respondents, et al., Defendants.

Present—Close, P. J., Hagarty, Carswell, Johnston and Taylor, JJ.
###### Editorial Note on Part 120

#### Editorial Note:

Nomenclature changes to part 120 appear at 72 FR 50039, Aug. 30, 2007.

#### § 120.1005 Bureau of PCLP Oversight.

SBA's Bureau of PCLP Oversight within OCRM, monitors the capitalization of PCLP CDC pilot participants' LLRFs and performs other related functions.

[73 FR 75519, Dec. 11, 2008]
II 

117TH CONGRESS 

2D SESSION S. 5298 

To provide the Under Secretary for Science and Technology of the Department of Homeland Security with the authority to temporarily extend 

the duration of protections provided under the SAFETY Act, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 19, 2022 

Mr. PETERS (for himself, Mr. PORTMAN, and Mrs. CAPITO) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To provide the Under Secretary for Science and Technology 

of the Department of Homeland Security with the authority to temporarily extend the duration of protections 

provided under the SAFETY Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. RISK MANAGEMENT SYSTEM. 

4 (a) DEFINITION.—In this section, the term ‘‘qualified 

5 anti-terrorism technology’’ has the meaning given the term 

6 in section 865 of the Homeland Security Act of 2002 (6 

7 U.S.C. 665). 


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2 

•S 5298 IS

1 (b) EXTENSION.—During fiscal year 2023, the 

2 Under Secretary for Science and Technology of the De3 partment of Homeland Security may temporarily extend 

4 the duration of protections provided under the system of 

5 risk management set forth in subtitle G of title VIII of 

6 the Homeland Security Act of 2002 (6 U.S.C. 441 et seq.) 

7 to a qualified anti-terrorism technology if the Under Sec8 retary determines that— 

9 (1) an application for the renewal of such pro10 tections was submitted not later than 165 days be11 fore the date of the expiration of such protections; 

12 and 

13 (2) such application for renewal was complete 

14 upon submission. 

15 (c) RULE OF CONSTRUCTION.—A determination by 

16 the Under Secretary to temporarily extend protections to 

17 a qualified anti-terrorism technology pursuant to the au18 thority provided by subsection (b) may not be construed 

19 to preclude or otherwise limit the authority of the Under 

20 Secretary to ultimately approve or deny the application for 

21 renewal of such protections. 

Æ 


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Presidents
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-7825

ROBERT VIZZINI,

Petitioner - Appellant,

versus

WARDEN, MARYLAND HOUSE OF CORRECTION,

Respondent - Appellee.

Appeal from the United States District Court for the District of

Maryland, at Greenbelt. Alexander Williams, Jr., District Judge.

(CA-03-1359-8-AW)

Submitted: April 28, 2004 Decided: May 6, 2004

Before WIDENER, NIEMEYER, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Mark Lawrence Gitomer, LAW OFFICE OF MARK GITOMER, Owings Mills,

Maryland, for Appellant. Ann Norman Bosse, OFFICE OF THE ATTORNEY

GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Robert Vizzini, a Maryland inmate, seeks to appeal the

district court’s order granting Respondent’s motion for

reconsideration and dismissing as untimely Vizzini’s petition filed

under 28 U.S.C. § 2254 (2000). An appeal may not be taken from the

final order in a habeas corpus proceeding unless a circuit justice

or judge issues a certificate of appealability. 28 U.S.C.

§ 2253(c)(1) (2000). A certificate of appealability will not issue

for claims addressed by a district court absent “a substantial

showing of the denial of a constitutional right.” 28 U.S.C.

§ 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that his

constitutional claims are debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003);

Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d

676, 683 (4th Cir. 2001). We have independently reviewed the

record and conclude that Vizzini has not made the requisite

showing. Accordingly, we deny a certificate of appealability and

dismiss the appeal. We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

DISMISSED
HomeAbout NRCPlans, Budgets, & PerformanceEvidence Building and EvaluationAgencywide Evidence Building ActivitiesPriority Questions

# Priority Question Details

Page Last Reviewed/Updated Tuesday, May 03, 2022
### §1343. Civil rights and elective franchise

(a) The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person:

(1) To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42;

(2) To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42 which he had knowledge were about to occur and power to prevent;

(3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States;

(4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote.

(b) For purposes of this section—

(1) the District of Columbia shall be considered to be a State; and

(2) any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

(June 25, 1948, ch. 646, 62 Stat. 932; Sept. 3, 1954, ch. 1263, §42, 68 Stat. 1241; Pub. L. 85–315, part III, §121, Sept. 9, 1957, 71 Stat. 637; Pub. L. 96–170, §2, Dec. 29, 1979, 93 Stat. 1284.)

#### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §41(12), (13), and (14) (Mar. 3, 1911, ch. 231, §24, pars. 12, 13, 14, 36 Stat. 1092).

Words "civil action" were substituted for "suits," "suits at law or in equity" in view of Rule 2 of the Federal Rules of Civil Procedure.

Numerous changes were made in arrangement and phraseology.

#### **Editorial Notes**

#### Amendments

1979—Pub. L. 96–170 designated existing provisions as subsec. (a) and added subsec. (b).

1957—Pub. L. 85–315 inserted "and elective franchise" in section catchline and added par. (4).

1954—Act Sept. 3, 1954, substituted "section 1985 of Title 42" for "section 47 of Title 8" wherever appearing.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1979 Amendment

Pub. L. 96–170, §3, Dec. 29, 1979, 93 Stat. 1284, provided that: "The amendments made by this Act [amending this section and section 1983 of Title 42, The Public Health and Welfare] shall apply with respect to any deprivation of rights, privileges, or immunities secured by the Constitution and laws occurring after the date of the enactment of this Act [Dec. 29, 1979]."
## Court of Appeals Sixth Appellate District of Texas

J U D G M E N T

Cedric Bernard Carldwell, Appellant

No. 06

- 15

- 00035

- CR v.
The State of Texas, Appellee Appeal from the 124th District Court of Gregg County, Texas (Tr. Ct. No. 42773

- B ). Memorandum Opinion delivere d by Justice Moseley, Chief Justice Morriss and Justice Burgess participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court

below

. We affirm the judgment of the trial c ourt

. We note that the appellant, Cedric Bernard Carldwell, has adequately indicated his inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED OCTOBER 13, 2015 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk
HomeAbout NRCRadiation ProtectionHow the NRC Protects YouHealth Physics Positions Based on 10 CFR Part 20

# Health Physics Questions and Answers - Question 67

**Question 67:** This question concerns water approaches to nuclear sites. Several sites for nuclear power plants include portions of navigable lakes or rivers within their licensed exclusion areas. Obviously, the utility does not own these areas. Would such boundaries as defined in our licenses qualify as restricted areas, controlled areas, or unrestricted areas?

**Answer:** The licensee cannot limit access to navigable lakes or rivers that the licensee does not own; therefore, these bodies of water cannot be part of a restricted area or controlled area and must be considered to be unrestricted areas. However, for the dose calculations for airborne effluents that are required by reactor technical specifications and that are related to 10 CFR 50 Appendix I, doses are not required to be calculated over such bodies of water. 

(Reference: 10 CFR 20.1003)

Page Last Reviewed/Updated Wednesday, December 13, 2017
§ 19.135 Designation of responsible employee and adoption of grievance procedures. ( a ) *Designation of responsible employee.* Each recipient shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under these Title IX regulations, including any investigation of any complaint communicated to such recipient alleging its noncompliance with these Title IX regulations or alleging any actions that would be prohibited by these Title IX regulations. The recipient shall notify all its students and employees of the name, office address, and telephone number of the employee or employees appointed pursuant to this paragraph.
( b ) *Complaint procedure of recipient.* A recipient shall adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action that would be prohibited by these Title IX regulations.
#### In the Matter of Michael J. Mastantuono, Appellant, against William D. Meisser et al., Constituting the Board of Elections of Nassau County, et al., Respondents.

No opinion. Close, P. J., Hagarty, Johnston and Lewis, JJ., concur. [180 Misc. 667.]
### §583. Oath of office

Each United States trustee and assistant United States trustee, before taking office, shall take an oath to execute faithfully his duties.

(Added Pub. L. 95–598, title II, §224(a), Nov. 6, 1978, 92 Stat. 2663.)

#### **Editorial Notes**

#### Codification

Section 408(c) of Pub. L. 95–598, as amended, which provided for the repeal of this section and the deletion of any references to United States Trustees in this title at a prospective date, was repealed by section 307(b) of Pub. L. 99–554. See note set out preceding section 581 of this title.
**Exhibit 31.1**

 

**CERTIFICATION PURSUANT TO SECTION 302 OFTHE SARBANES-OXLEY ACT OF 2002**

 

I, Anthony J. Cuti, certify that:

 

1. I have reviewed this quarterly report on Form 10-Q of Duane ReadeInc for the fiscal quarter ended March 27, 2004;

 

2. Based on my knowledge, this quarterly report does not contain anyuntrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisquarterly report;

 

3. Based on my knowledge, the financial statements, and other financialinformation included in this quarterly report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this quarterly report;

 

4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:

 

a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this quarterly report is beingprepared;

 

b) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this quarterly report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this quarterly report based on such evaluation;

 

c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s mostrecent fiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and

 

5. The registrant’s other certifying officer and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of registrant’sboard of directors (or persons performing the equivalent function):

 

a) All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; and

 

b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.

 

Date:  May 6, 2004

 
| By:    | /s/ Anthony J. Cuti |   | President and Chief Executive Officer and Director |
|--------|---------------------|--------|----------------------------------------------------|
|   | Anthony J. Cuti     |   | (Principal Executive Officer)                      |

 

----
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Trail Of Tears
National Historic Trail
AL, AR, GA, IL, KY, MO, NC, OK, TN


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For Geographic Information System data regarding the Trail of Tears National Historic Trail, please visit the Resource Information Management page of the National Trails office website.

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A brown sign indicating the Trail of Tears, next to a trail.Photo/NPSTrail Administration
The National Park Service administers the trail in partnership with the Trail of Tears Association; the Cherokee Nation; the Eastern Band of Cherokee Indians; federal, state, county, and local agencies; interested groups; and private landowners. Trail sites are in private, municipal, tribal, federal, or state ownership. Please ask for permission before visiting any trail sites on private lands and check with public sites for visiting hours and regulations.
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 Last updated: January 6, 2020
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§ 6304.23 What special provisions apply to mineral leasing and material sales? ( a ) After Congress designates any area of public lands as wilderness, BLM will not issue mineral or geothermal leases, licenses, or permits under the mineral or geothermal leasing laws, or sales contracts or free use permits under the Materials Act (30 U.S.C. 601 *et seq.*)
( b ) You may continue to hold and operate mineral or geothermal leases, licenses, contracts, or permits under their original terms and conditions after Congress designates the affected BLM lands as wilderness.