		III
		110th CONGRESS
		1st Session
		S. RES. 396
		IN THE SENATE OF THE UNITED STATES

			December 7, 2007
			Mr. Cardin (for himself,
			 Mr. Hatch, Mr.
			 Leahy, Mr. Specter,
			 Mrs. Clinton, Mr. Schumer, Mr.
			 Menendez, Mr. Obama,
			 Ms. Landrieu, Mr. Biden, Mr.
			 Kennedy, Mr. Grassley,
			 Mr. Whitehouse, Mr. Coburn, Mr.
			 Kohl, and Mr. Dodd) submitted
			 the following resolution; which was referred to the
			 Committee on the
			 Judiciary

			December 13, 2007
			Reported by Mr. Leahy,
			 with an amendment and an amendment to the preamble and an amendment to the
			 title
			Strike out all after the resolving clause and
			 insert the part printed in italic
			Strike the preamble and insert the part printed in
			 italic

			December 14, 2007
			Considered, amended, and agreed to with an amendment to
			 the title and an amended preamble

		RESOLUTION
		Expressing the sense of the Senate that the
		  hanging of nooses should be thoroughly investigated by Federal, State, and
		  local law enforcement authorities and that any criminal violations should be
		  vigorously prosecuted.

		Whereas, in the fall of 2007, nooses have
			 been found hanging in or near a high school in North Carolina, a Home Depot
			 store in New Jersey, a school playground in Louisiana, the campus of the
			 University of Maryland, a factory in Houston, Texas, and on the door of a
			 professor's office at Columbia University;
		Whereas the Southern Poverty Law Center
			 has recorded between 40 and 50 suspected hate crimes involving nooses since
			 September 2007;
		Whereas, since 2001, the Equal Employment
			 Opportunity Commission has filed more than 30 lawsuits that involve the
			 displaying of nooses in places of employment;
		Whereas nooses are reviled by many
			 Americans as symbols of racism and of lynchings that were once all too
			 common;
		Whereas, according to Tuskegee Institute,
			 more than 4,700 people were lynched between 1882 and 1959 in a campaign of
			 terror led by the Ku Klux Klan;
		Whereas the number of victims killed by
			 lynching in the history of the United States exceeds the number of people
			 killed in the horrible attack on Pearl Harbor (2,333 dead) and Hurricane
			 Katrina (1,836 dead) combined; and
		Whereas African-Americans, as well as
			 Italian, Jewish, and Mexican-Americans, have comprised the vast majority of
			 lynching victims, and, by erasing the terrible symbols of the past, we can
			 continue to move forward on issues of race in the United States: Now,
			 therefore, be it

		That it is the sense of the Senate
			 that—
			(1)the hanging of nooses is a reprehensible
			 act when used for the purpose of intimidation and, under certain circumstances,
			 can be criminal;
			(2)incidents involving the
			 hanging of a noose should be investigated thoroughly by Federal, State, and
			 local law enforcement, and all private entities and individuals should be
			 encouraged to cooperate with any such investigation; and
			(3)any criminal violations
			 involving the hanging of nooses should be vigorously prosecuted.


 S611 ENR: Sandia Pueblo Settlement Technical Amendment Act
U.S. Senate

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

One Hundred Thirteenth Congress of the United States of America2d SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and
			 fourteenS. 611IN THE SENATE OF THE UNITED STATESAN ACTTo make a technical amendment to the T’uf Shur Bien
		  Preservation Trust Area Act, and for other purposes.1.Short
		titleThis Act may be cited as
		the Sandia Pueblo Settlement Technical
		Amendment Act.2.Sandia Pueblo
		Settlement technical amendmentSection 413(b) of the T’uf Shur Bien
		Preservation Trust Area Act (16 U.S.C. 539m–11(b)) is amended—(1)in
		the first sentence of paragraph (4), by striking conveyance and
		inserting title to be conveyed; and(2)by
		adding at the end the following:(6)Failure to
		  exchange(A)In
		  generalIf the land exchange authorized under paragraph (1) is
		  not completed by the date that is 30 days after the date of enactment of this
		  paragraph, the Secretary, on request of the Pueblo and the Secretary of the
		  Interior, shall transfer the National Forest land generally depicted as
		  Land to be Held in Trust on the map entitled Sandia Pueblo
		  Settlement Technical Amendment Act and dated October 18, 2013, to the
		  Secretary of the Interior to be held in trust by the United States for the
		  Pueblo—(i)subject to the
		  restriction enforced by the Secretary of the Interior that the land remain
		  undeveloped, with the natural characteristics of the land to be preserved in
		  perpetuity; and(ii)consistent with
		  subsection (c).(B)Other
		  transfersAfter the transfer under subparagraph (A) is complete,
		  the Secretary of the Interior, with the consent of the Pueblo, shall—(i)transfer to the
		  Secretary, consistent with section 411(c)—(I)the La Luz tract generally depicted on the
		  map entitled Sandia Pueblo Settlement Technical Amendment Act and
		  dated October 18,
		  2013;
		  and(II)the conservation
		  easement for the Piedra Lisa tract generally depicted on the
		  map entitled Sandia Pueblo Settlement Technical Amendment Act and
		  dated October 18,
		  2013; and(ii)grant to the
		  Secretary a right-of-way for the Piedra Lisa Trail within the Piedra Lisa tract
			 generally depicted on the
		  map entitled Sandia Pueblo Settlement Technical Amendment Act and
		  dated October 18,
		  2013..Speaker of the House of RepresentativesVice President of the United States and President of the Senate


		III
		111th CONGRESS
		2d Session
		S. RES. 607
		IN THE SENATE OF THE UNITED STATES

			August 5, 2010
			Mr. Dorgan (for himself,
			 Mr. Lugar, Mr.
			 Franken, Mr. Akaka,
			 Mr. Baucus, Mrs. Murray, Mr.
			 Conrad, Mrs. Feinstein,
			 Mr. Cardin, Mr.
			 Tester, Mr. Begich,
			 Mrs. Lincoln, Mr. Goodwin, Mr.
			 Menendez, Mr. Casey, and
			 Mr. Warner) submitted the following
			 resolution; which was referred to the Committee on the Judiciary

			September 14, 2010
			Committee discharged; considered and agreed
			 to

		RESOLUTION
		Recognizing the month of October 2010 as
		  National Principals Month.

		Whereas the National Association of Elementary School
			 Principals and the National Association of Secondary School Principals have
			 declared the month of October 2010 as National Principals
			 Month;
		Whereas school leaders are expected to be educational
			 visionaries, instructional leaders, assessment experts, disciplinarians,
			 community builders, public relations experts, budget analysts, facility
			 managers, special programs administrators, and guardians of various legal,
			 contractual, and policy mandates and initiatives, as well as being entrusted
			 with our young people, our most valuable resource;
		Whereas principals set the academic tone for their schools
			 and work collaboratively with teachers to develop and maintain high curriculum
			 standards, develop mission statements, and set performance goals and
			 objectives;
		Whereas the vision, dedication, and determination of a
			 principal provides the mobilizing force behind any school reform effort;
			 and
		Whereas the celebration of National Principals
			 Month would honor elementary, middle level, and high school principals
			 and recognize the importance of school leadership in ensuring that every child
			 has access to a high-quality education: Now, therefore, be it

		That the Senate—
			(1)recognizes the
			 month of October 2010 as National Principals Month; and
			(2)honors the
			 contribution of school principals in the elementary and secondary schools of
			 our Nation by supporting the goals and ideals of National Principals
			 Month.


115 HR 5160 IH: Cancer Care Planning and Communications Act of 2018
U.S. House of Representatives
2018-03-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 5160IN THE HOUSE OF REPRESENTATIVESMarch 5, 2018Mr. DeSaulnier (for himself and Mr. Poe of Texas) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to provide for coverage of cancer care planning and
			 coordination under the Medicare program.

		1.Short title
 (a)Short titleThis Act may be cited as the Cancer Care Planning and Communications Act of 2018. (b)FindingsCongress makes the following findings:
 (1)Cancer care in the United States is often described as the best in the world because patients have access to many treatment options, including cutting-edge therapies that save lives and improve the quality of life.
 (2)Access to the best treatment options is not equal across all populations and in all communities. The 1999 Institute of Medicine report entitled The Unequal Burden of Cancer found that low-income people often lack access to adequate cancer care and that ethnic minorities have not benefitted fully from cancer treatment advances.
 (3)In addition, despite access to high-quality treatment options for many, individuals with cancer often do not have access to a cancer care system that incorporates shared decision-making and the coordination of all elements of care.
 (4)Cancer survivors often experience the under-diagnosis and under-treatment of the symptoms of cancer and side effects of cancer treatment, a problem that begins at the time of diagnosis and may become more severe with disease progression and at the end of life. The failure to treat the symptoms, side effects, and late effects of cancer and cancer treatment may have a serious adverse impact on the health, survival, well-being, and quality of life of cancer survivors.
 (5)Individuals with cancer often do not participate in a shared decision-making process that considers all treatment options and do not benefit from coordination of all elements of active treatment and palliative care.
 (6)Quality cancer care should incorporate access to psychosocial services and management of the symptoms of cancer and the symptoms of cancer treatment, including pain, nausea, vomiting, fatigue, and depression.
 (7)Quality cancer care should include a means for engaging cancer survivors in a shared decision-making process that produces a comprehensive care summary and a plan for follow-up care after primary treatment to ensure that cancer survivors have access to follow-up monitoring and treatment of possible late effects of cancer and cancer treatment, including appropriate psychosocial services.
 (8)The Institute of Medicine report entitled Ensuring Quality Cancer Care described the elements of quality care for an individual with cancer to include— (A)the development of initial treatment recommendations by an experienced health care provider;
 (B)the development of a plan for the course of treatment of the individual and communication of the plan to the individual;
 (C)access to the resources necessary to implement the course of treatment; (D)access to high-quality clinical trials;
 (E)a mechanism to coordinate services for the treatment of the individual; and (F)psychosocial support services and compassionate care for the individual.
 (9)In its report From Cancer Patient to Cancer Survivor: Lost in Transition, the Institute of Medicine recommended that individuals with cancer completing primary treatment be provided a comprehensive summary of their care along with a follow-up survivorship plan of treatment.
 (10)In Cancer Care for the Whole Patient, the Institute of Medicine stated that the development of a plan that includes biomedical and psychosocial care should be a standard for quality cancer care in any quality measurement system.
 (11)The Commission on Cancer has encouraged survivorship care planning by making the development of such plans for patients one of the standards of accreditation for cancer care providers, but cancer care professionals report difficulties completing the plans.
 (12)Because more than half of all cancer diagnoses occur among elderly Medicare beneficiaries, addressing cancer care inadequacies through Medicare reforms will provide benefits to millions of Americans. Providing Medicare beneficiaries more routine access to cancer care plans and survivorship care plans is a key to shared decisionmaking and better coordination of care.
 (13)Important payment and delivery reforms that incorporate cancer care planning and coordination are already being tested in the Medicare program; the Oncology Care Model has been implemented in a number of oncology practices, and additional models that will include care planning have been proposed.
 (14)The alternative payment models, including the Oncology Care Model, provide access to cancer care planning for Medicare beneficiaries who receive their cancer care in practices that are part of the Oncology Care Model. Other Medicare beneficiaries who are not enrolled in these delivery demonstrations may not have access to a cancer care plan or appropriate care coordination.
 (15)The failure to provide a cancer care plan to patients in many care settings relates in part to inadequate Medicare payment for such planning and coordination services.
 (16)Changes in Medicare payment for cancer care planning and coordination will support shared decisionmaking that reviews all treatment options and will contribute to improved care for individuals with cancer from the time of diagnosis through the end of the life. Medicare payment for cancer care planning may begin a reform process that helps us realize the well-planned and well-coordinated cancer care that has been recommended by the Institute of Medicine/National Academy of Medicine and that is preferred by cancer patients across the Nation.
				2.Coverage of cancer care planning and coordination services
 (a)In generalSection 1861 of the Social Security Act (42 U.S.C. 1395x) is amended— (1)in subsection (s)(2)—
 (A)by striking and at the end of subparagraph (FF); (B)by adding and at the end of subparagraph (GG); and
 (C)by adding at the end the following new subparagraph:  (HH)cancer care planning and coordination services (as defined in subsection (jjj)); and
 (2)by adding at the end the following new subsection:  (jjj)Cancer Care Planning and Coordination Services(1)The term cancer care planning and coordination services means—
 (A)with respect to an individual who is diagnosed with cancer, the development of a treatment plan by a physician, nurse practitioner, or physician assistant that—
 (i)includes an assessment of the individual’s diagnosis, health status, treatment needs, functional status, pain control, and psychosocial needs;
 (ii)engages the individual in a shared decision-making process that reviews all treatment options; (iii)details, to the greatest extent practicable all aspects of the care to be provided to the individual with respect to the treatment of such cancer, including any curative treatment, comprehensive symptom management, and palliative care;
 (iv)is furnished in person, in written form, to the individual within a period specified by the Secretary that is as soon as practicable after the date on which the individual is so diagnosed;
 (v)is furnished, to the greatest extent practicable, in a form that appropriately takes into account cultural and linguistic needs of the individual in order to make the plan accessible to the individual; and
 (vi)is in accordance with standards determined by the Secretary to be appropriate; (B)with respect to an individual for whom a treatment plan has been developed under subparagraph (A), the revision of such treatment plan as necessary to account for any substantial change in the condition of the individual, recurrence of disease, changes in the individual’s treatment preferences, or significant revision of the elements of curative care or symptom management for the individual, if such revision—
 (i)is in accordance with clauses (i), (ii), (iv) and (v) of such subparagraph; and (ii)is furnished in written form to the individual within a period specified by the Secretary that is as soon as practicable after the date of such revision;
 (C)with respect to an individual who has completed the primary treatment for cancer, as defined by the Secretary, the development of a follow-up survivorship care plan that—
 (i)includes an assessment of the individual’s diagnosis, health status, treatment needs, functional status, pain control, and psychosocial needs;
 (ii)engages the individual in a shared decision-making process that reviews all survivorship care options;
 (iii)describes the elements of the primary treatment, including symptom management and palliative care, furnished to such individual;
 (iv)provides recommendations for the subsequent care of the individual with respect to the cancer involved;
 (v)is furnished, in person, in written form, to the individual within a period specified by the Secretary that is as soon as practicable after the completion of such primary treatment;
 (vi)is furnished, to the greatest extent practicable, in a form that appropriately takes into account cultural and linguistic needs of the individual in order to make the plan accessible to the individual; and
 (vii)is in accordance with standards determined by the Secretary to be appropriate; and (D)with respect to an individual for whom a follow-up cancer care plan has been developed under subparagraph (C), the revision of such plan as necessary to account for any substantial change in the condition of the individual, diagnosis of a second cancer, change in the individual’s preference for survivorship care, or significant revision of the plan for follow-up care, if such revision—
 (i)is in accordance with clauses (i), (ii), (iii), (v), and (vi) of such subparagraph; and (ii)is furnished in written form to the individual within a period specified by the Secretary that is as soon as practicable after the date of such revision.
 (2)The Secretary shall establish standards to carry out paragraph (1) in consultation with appropriate organizations representing suppliers and providers of services related to cancer treatment and organizations representing survivors of cancer. Such standards shall include standards for determining the need and frequency for revisions of the treatment plans and follow-up survivorship care plans based on changes in the condition of the individual or elements and intent of treatment and standards for the communication of the plan to the individual.
 (3)In this subsection, the term shared decision-making process means, with respect to an individual, a process in which the individual and the individual’s health care providers consider the individual’s diagnosis, treatment options, the medical evidence related to treatment options, the risks and benefits of all treatment options, and the individual’s preferences regarding treatment, and then jointly develop and implement a treatment plan..
				(b)Payment under physician fee schedule
 (1)In generalSection 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w–4(j)(3)) is amended by inserting (HH), after health risk assessment),. (2)Initial ratesUnless the Secretary of Health and Human Services otherwise provides, the payment rate specified under the physician fee schedule under the amendment made by paragraph (1) for cancer care planning and coordination services shall be the same payment rate as provided for transitional care management services (as defined in CPT code 99496).
 (c)Effective dateThe amendments made by this section shall apply to services furnished on or after the first day of the first calendar year that begins after the date of the enactment of this Act.


114 HR 2276 IH: Seismic Moratorium Act
U.S. House of Representatives
2015-05-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 2276
IN THE HOUSE OF REPRESENTATIVES

May 12, 2015
Mr. Murphy of Florida (for himself, Ms. Frankel of Florida, Ms. Wasserman Schultz, Mr. Posey, Ms. Graham, Mr. Hastings, Ms. Brown of Florida, and Ms. Castor of Florida) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL
To establish a moratorium on oil and gas-related seismic activities off the coastline of the State of Florida, and for other purposes.

1.Short titleThis Act may be cited as the Seismic Moratorium Act. 2.Moratorium on oil and gas-related seismic activities in the exclusive economic zone off the coastline of the State of Florida (a)In generalExcept as provided in subsection (b) and notwithstanding any other provision of law, no person may conduct geological or geophysical activities (as those terms are described in the final programmatic environmental impact statement of the Bureau of Ocean Energy Management entitled Atlantic OCS Proposed Geological and Geophysical Activities, Mid-Atlantic and South Atlantic Planning Areas and completed February 2014) in support of oil or gas exploration and development in any area located within the exclusive economic zone (as defined in section 107 of title 46, United States Code) located off the coastline of the State of Florida.
(b)Termination of moratoriumThe moratorium described in subsection (a) shall only be terminated if the Administrator of the National Oceanic and Atmospheric Administration determines that the reasonably foreseeable impacts of the geological or geophysical activities described in subsection (a) to individuals or populations of marine mammals, sea turtles, or fish are minimal.


		II

		109th CONGRESS

		1st Session

		S. 718

		IN THE SENATE OF THE UNITED STATES

			April 6, 2005

			Mr. Biden (for himself,

			 Mr. Specter, Mr. McConnell, Mrs.

			 Murray, Mr. Dayton,

			 Mr. Chambliss, Mr. Corzine, and Ms.

			 Cantwell) introduced the following bill; which was read twice and

			 referred to the Committee on the

			 Judiciary

		A BILL

		To amend title I of the Omnibus Crime

		  Control and Safe Streets Act of 1968 to provide standards and procedures to

		  guide both State and local law enforcement agencies and law enforcement

		  officers during internal investigations, interrogation of law enforcement

		  officers, and administrative disciplinary hearings, to ensure accountability of

		  law enforcement officers, to guarantee the due process rights of law

		  enforcement officers, and to require States to enact law enforcement

		  discipline, accountability, and due process laws.

			1.

			Short title

			This Act may be cited as the

					State and Local Law Enforcement

			 Discipline, Accountability, and Due Process Act of 2005

				.

			2.

			Findings and declaration of purpose and policy

				(a)

				Findings

				Congress finds that—

					(1)

					the rights of law enforcement

			 officers to engage in political activity or to refrain from engaging in

			 political activity, except when on duty, or to run as candidates for public

			 office, unless such service is found to be in conflict with their service as

			 officers, are activities protected by the first amendment of the United States

			 Constitution, as applied to the States through the 14th amendment of the United

			 States Constitution, but these rights are often violated by the management of

			 State and local law enforcement agencies;

					(2)

					a significant lack of due

			 process rights of law enforcement officers during internal investigations and

			 disciplinary proceedings has resulted in a loss of confidence in these

			 processes by many law enforcement officers, including those unfairly targeted

			 for their labor organization activities or for their aggressive enforcement of

			 the laws, demoralizing many rank and file officers in communities and

			 States;

					(3)

					unfair treatment of officers

			 has potentially serious long-term consequences for law enforcement by

			 potentially deterring or otherwise preventing officers from carrying out their

			 duties and responsibilities effectively and fairly;

					(4)

					the lack of labor-management

			 cooperation in disciplinary matters and either the perception or the actuality

			 that officers are not treated fairly detrimentally impacts the recruitment of

			 and retention of effective officers, as potential officers and experienced

			 officers seek other careers, which has serious implications and repercussions

			 for officer morale, public safety, and labor-management relations and strife

			 and can affect interstate and intrastate commerce, interfering with the normal

			 flow of commerce;

					(5)

					there are serious

			 implications for the public safety of the citizens and residents of the United

			 States which threatens the domestic tranquility of the United States because of

			 a lack of statutory protections to ensure—

						(A)

						the due process and political

			 rights of law enforcement officers;

						(B)

						fair and thorough internal

			 investigations and interrogations of and disciplinary proceedings against law

			 enforcement officers; and

						(C)

						effective procedures for

			 receipt, review, and investigation of complaints against officers, fair to both

			 officers and complainants; and

					(6)

					resolving these disputes and

			 problems and preventing the disruption of vital police services is essential to

			 the well-being of the United States and the domestic tranquility of the

			 Nation.

				(b)

				Declaration of policy

				Congress declares that it is

			 the purpose of this Act and the policy of the United States to—

					(1)

					protect the due process and

			 political rights of State and local law enforcement officers and ensure

			 equality and fairness of treatment among such officers;

					(2)

					provide continued police

			 protection to the general public;

					(3)

					provide for the general

			 welfare and ensure domestic tranquility; and

					(4)

					prevent any impediments to

			 the free flow of commerce, under the rights guaranteed under the United States

			 Constitution and Congress’ authority thereunder.

			3.

			Discipline, accountability, and due process of

			 officers

				(a)

				In general

				Part H of title I of the

			 Omnibus Crime Control and Safe Streets Act of

			 1968 (42

			 U.S.C. 3781 et seq.) is amended by adding at the end the

			 following:

						820.

						Discipline, accountability, and due process of State and

				local law enforcement officers

							(a)

							Definitions

							In this section:

								(1)

								Disciplinary action

								The term disciplinary

				action means any adverse personnel action, including suspension,

				reduction in pay, rank, or other employment benefit, dismissal, transfer,

				reassignment, unreasonable denial of secondary employment, or similar punitive

				action taken against a law enforcement officer.

								(2)

								Disciplinary hearing

								The term disciplinary

				hearing means an administrative hearing initiated by a law enforcement

				agency against a law enforcement officer, based on an alleged violation of law,

				that, if proven, would subject the law enforcement officer to disciplinary

				action.

								(3)

								Emergency suspension

								The term emergency

				suspension means the temporary action by a law enforcement agency of

				relieving a law enforcement officer from the active performance of law

				enforcement duties without a reduction in pay or benefits when the law

				enforcement agency, or an official within that agency, determines that there is

				probable cause, based upon the conduct of the law enforcement officer, to

				believe that the law enforcement officer poses an immediate threat to the

				safety of that officer or others or the property of others.

								(4)

								Investigation

								The term

				investigation—

									(A)

									means an action taken to

				determine whether a law enforcement officer violated a law by a public agency

				or a person employed by a public agency, acting alone or in cooperation with or

				at the direction of another agency, or a division or unit within another

				agency, regardless of a denial by such an agency that any such action is not an

				investigation; and

									(B)

									includes—

										(i)

										asking questions of any

				other law enforcement officer or non-law enforcement officer;

										(ii)

										conducting

				observations;

										(iii)

										reviewing and evaluating

				reports, records, or other documents; and

										(iv)

										examining physical

				evidence.

								(5)

								Law enforcement officer

								The terms law

				enforcement officer and officer have the meaning given the

				term law enforcement officer in section 1204, except the term does

				not include a law enforcement officer employed by the United States, or any

				department, agency, or instrumentality thereof.

								(6)

								Personnel record

								The term personnel

				record means any document, whether in written or electronic form and

				irrespective of location, that has been or may be used in determining the

				qualifications of a law enforcement officer for employment, promotion,

				transfer, additional compensation, termination or any other disciplinary

				action.

								(7)

								Public agency and law enforcement agency

								The terms public

				agency and law enforcement agency each have the meaning

				given the term public agency in section 1204, except the terms do

				not include the United States, or any department, agency, or instrumentality

				thereof.

								(8)

								Summary punishment

								The term summary

				punishment means punishment imposed—

									(A)

									for a violation of law that

				does not result in any disciplinary action; or

									(B)

									for a violation of law that

				has been negotiated and agreed upon by the law enforcement agency and the law

				enforcement officer, based upon a written waiver by the officer of the rights

				of that officer under subsection (i) and any other applicable law or

				constitutional provision, after consultation with the counsel or representative

				of that officer.

							(b)

							Applicability

								(1)

								In general

								This section sets forth the

				due process rights, including procedures, that shall be afforded a law

				enforcement officer who is the subject of an investigation or disciplinary

				hearing.

								(2)

								Nonapplicability

								This section does not apply

				in the case of—

									(A)

									an investigation of

				specifically alleged conduct by a law enforcement officer that, if proven,

				would constitute a violation of a statute providing for criminal penalties;

				or

									(B)

									a nondisciplinary action

				taken in good faith on the basis of the employment related performance of a law

				enforcement officer.

							(c)

							Political activity

								(1)

								Right to engage or not to engage in political

				activity

								Except when on duty or

				acting in an official capacity, a law enforcement officer shall not be

				prohibited from engaging in political activity or be denied the right to

				refrain from engaging in political activity.

								(2)

								Right to run for elective office

								A law enforcement officer

				shall not be—

									(A)

									prohibited from being a

				candidate for an elective office or from serving in such an elective office,

				solely because of the status of the officer as a law enforcement officer;

				or

									(B)

									required to resign or take

				an unpaid leave from employment with a law enforcement agency to be a candidate

				for an elective office or to serve in an elective office, unless such service

				is determined to be in conflict with or incompatible with service as a law

				enforcement officer.

								(3)

								Adverse personnel action

								An action by a public

				agency against a law enforcement officer, including requiring the officer to

				take unpaid leave from employment, in violation of this subsection shall be

				considered an adverse personnel action within the meaning of subsection

				(a)(1).

							(d)

							Effective procedures for receipt, review, and investigation

				of complaints against law enforcement officers

								(1)

								Complaint process

								Not later than 1 year after

				the effective date of this section, each law enforcement agency shall adopt and

				comply with a written complaint procedure that—

									(A)

									authorizes persons from

				outside the law enforcement agency to submit written complaints about a law

				enforcement officer to—

										(i)

										the law enforcement agency

				employing the law enforcement officer; or

										(ii)

										any other law enforcement

				agency charged with investigating such complaints;

									(B)

									sets forth the procedures

				for the investigation and disposition of such complaints;

									(C)

									provides for public access

				to required forms and other information concerning the submission and

				disposition of written complaints; and

									(D)

									requires notification to

				the complainant in writing of the final disposition of the complaint and the

				reasons for such disposition.

								(2)

								Initiation of an investigation

									(A)

									In general

									Except as provided in

				subparagraph (B), an investigation based on a complaint from outside the law

				enforcement agency shall commence not later than 15 days after the receipt of

				the complaint by—

										(i)

										the law enforcement agency

				employing the law enforcement officer against whom the complaint has been made;

				or

										(ii)

										any other law enforcement

				agency charged with investigating such a complaint.

									(B)

									Exception

									Subparagraph (A) does not

				apply if—

										(i)

										the law enforcement agency

				determines from the face of the complaint that each allegation does not

				constitute a violation of law; or

										(ii)

										the complainant fails to

				comply substantially with the complaint procedure of the law enforcement agency

				established under this section.

								(3)

								Complainant or victim conflict of interest

								The complainant or victim

				of the alleged violation of law giving rise to an investigation under this

				subsection may not conduct or supervise the investigation or serve as an

				investigator.

							(e)

							Notice of investigation

								(1)

								In general

								Any law enforcement officer

				who is the subject of an investigation shall be notified of the investigation

				24 hours before the commencement of questioning of such officer or to otherwise

				being required to provide information to an investigating agency.

								(2)

								Contents of notice

								Notice given under

				paragraph (1) shall include—

									(A)

									the nature and scope of the

				investigation;

									(B)

									a description of any

				allegation contained in a written complaint;

									(C)

									a description of each

				violation of law alleged in the complaint for which suspicion exists that the

				officer may have engaged in conduct that may subject the officer to

				disciplinary action; and

									(D)

									the name, rank, and command

				of the officer or any other individual who will be conducting the

				investigation.

							(f)

							Rights of law enforcement officers prior to and during

				questioning incidental to an investigation

							If a law enforcement

				officer is subjected to questioning incidental to an investigation that may

				result in disciplinary action against the officer, the following minimum

				safeguards shall apply:

								(1)

								Counsel and representation

									(A)

									In general

									Any law enforcement officer

				under investigation shall be entitled to effective counsel by an attorney or

				representation by any other person who the officer chooses, such as an employee

				representative, or both, immediately before and during the entire period of any

				questioning session, unless the officer consents in writing to being questioned

				outside the presence of counsel or representative.

									(B)

									Private consultation

									During the course of any

				questioning session, the officer shall be afforded the opportunity to consult

				privately with counsel or a representative, if such consultation does not

				repeatedly and unnecessarily disrupt the questioning period.

									(C)

									Unavailability of counsel

									If the counsel or

				representative of the law enforcement officer is not available within 24 hours

				of the time set for the commencement of any questioning of that officer, the

				investigating law enforcement agency shall grant a reasonable extension of time

				for the law enforcement officer to obtain counsel or representation.

								(2)

								Reasonable hours and time

								Any questioning of a law

				enforcement officer under investigation shall be conducted at a reasonable time

				when the officer is on duty, unless exigent circumstances compel more immediate

				questioning, or the officer agrees in writing to being questioned at a

				different time, subject to the requirements of subsections (e) and paragraph

				(1).

								(3)

								Place of questioning

								Unless the officer consents

				in writing to being questioned elsewhere, any questioning of a law enforcement

				officer under investigation shall take place—

									(A)

									at the office of the

				individual conducting the investigation on behalf of the law enforcement agency

				employing the officer under investigation; or

									(B)

									the place at which the

				officer under investigation reports for duty.

								(4)

								Identification of questioner

								Before the commencement of

				any questioning, a law enforcement officer under investigation shall be

				informed of—

									(A)

									the name, rank, and command

				of the officer or other individual who will conduct the questioning; and

									(B)

									the relationship between

				the individual conducting the questioning and the law enforcement agency

				employing the officer under investigation.

								(5)

								Single questioner

								During any single period of

				questioning of a law enforcement officer under investigation, each question

				shall be asked by or through 1 individual.

								(6)

								Reasonable time period

								Any questioning of a law

				enforcement officer under investigation shall be for a reasonable period of

				time and shall allow reasonable periods for the rest and personal necessities

				of the officer and the counsel or representative of the officer, if such person

				is present.

								(7)

								No threats, false statements, or promises to be made

									(A)

									In general

									Except as provided in

				subparagraph (B), no threat against, false or misleading statement to,

				harassment of, or promise of reward to a law enforcement officer under

				investigation shall be made to induce the officer to answer any question, give

				any statement, or otherwise provide information.

									(B)

									Exception

									The law enforcement agency

				employing a law enforcement officer under investigation may require the officer

				to make a statement relating to the investigation by explicitly threatening

				disciplinary action, including termination, only if—

										(i)

										the officer has received a

				written grant of use and derivative use immunity or transactional immunity by a

				person authorized to grant such immunity; and

										(ii)

										the statement given by the

				law enforcement officer under such an immunity may not be used in any

				subsequent criminal proceeding against that officer.

								(8)

								Recording

									(A)

									In general

									All questioning of a law

				enforcement officer under an investigation shall be recorded in full, in

				writing or by electronic device, and a copy of the transcript shall be provided

				to the officer under investigation before any subsequent period of questioning

				or the filing of any charge against that officer.

									(B)

									Separate recording

									To ensure the accuracy of

				the recording, an officer may utilize a separate electronic recording device,

				and a copy of any such recording (or the transcript) shall be provided to the

				public agency conducting the questioning, if that agency so requests.

								(9)

								Use of honesty testing devices prohibited

								No law enforcement officer

				under investigation may be compelled to submit to the use of a lie detector, as

				defined in section 2 of the Employee Polygraph Protection Act of 1988

				(29 U.S.C.

				2001).

							(g)

							Notice of investigative findings and disciplinary

				recommendation and opportunity to submit a written response

								(1)

								Notice

								Not later than 30 days

				after the conclusion of an investigation under this section, the person in

				charge of the investigation or the designee of that person shall notify the law

				enforcement officer who was the subject of the investigation, in writing, of

				the investigative findings and any recommendations for disciplinary

				action.

								(2)

								Opportunity to submit written response

									(A)

									In general

									Not later than 30 days

				after receipt of a notification under paragraph (1), and before the filing of

				any charge seeking the discipline of such officer or the commencement of any

				disciplinary proceeding under subsection (h), the law enforcement officer who

				was the subject of the investigation may submit a written response to the

				findings and recommendations included in the notification.

									(B)

									Contents of response

									The response submitted

				under subparagraph (A) may include references to additional documents, physical

				objects, witnesses, or any other information that the law enforcement officer

				believes may provide exculpatory evidence.

							(h)

							Disciplinary hearings

								(1)

								Notice of opportunity for hearing

								Except in a case of summary

				punishment or emergency suspension (subject to subsection (k)), before the

				imposition of any disciplinary action the law enforcement agency shall notify

				the officer that the officer is entitled to a due process hearing by an

				independent and impartial hearing officer or board.

								(2)

								Requirement of determination of violation

								No disciplinary action may

				be taken against a law enforcement officer unless an independent and impartial

				hearing officer or board determines, after a hearing and in accordance with the

				requirements of this subsection, that the law enforcement officer committed a

				violation of law.

								(3)

								Time limit

								No disciplinary charge may

				be brought against a law enforcement officer unless—

									(A)

									the charge is filed not

				later than the earlier of—

										(i)

										1 year after the date on

				which the law enforcement agency filing the charge had knowledge or reasonably

				should have had knowledge of an alleged violation of law; or

										(ii)

										90 days after the

				commencement of an investigation; or

									(B)

									the requirements of this

				paragraph are waived in writing by the officer or the counsel or representative

				of the officer.

								(4)

								Notice of hearing

								Unless waived in writing by

				the officer or the counsel or representative of the officer, not later than 30

				days after the filing of a disciplinary charge against a law enforcement

				officer, the law enforcement agency filing the charge shall provide written

				notification to the law enforcement officer who is the subject of the charge,

				of—

									(A)

									the date, time, and

				location of any disciplinary hearing, which shall be scheduled in cooperation

				with the law enforcement officer, or the counsel or representative of the

				officer, and which shall take place not earlier than 30 days and not later than

				60 days after notification of the hearing is given to the law enforcement

				officer under investigation;

									(B)

									the name and mailing

				address of the independent and impartial hearing officer, or the names and

				mailing addresses of the independent and impartial hearing board members;

				and

									(C)

									the name, rank, command,

				and address of the law enforcement officer prosecuting the matter for the law

				enforcement agency, or the name, position, and mailing address of the person

				prosecuting the matter for a public agency, if the prosecutor is not a law

				enforcement officer.

								(5)

								Access to documentary evidence and investigative

				file

								Unless waived in writing by

				the law enforcement officer or the counsel or representative of that officer,

				not later than 15 days before a disciplinary hearing described in paragraph

				(4)(A), the law enforcement officer shall be provided with—

									(A)

									a copy of the complete file

				of the pre-disciplinary investigation; and

									(B)

									access to and, if so

				requested, copies of all documents, including transcripts, records, written

				statements, written reports, analyses, and electronically recorded information

				that—

										(i)

										contain exculpatory

				information;

										(ii)

										are intended to support any

				disciplinary action; or

										(iii)

										are to be introduced in the

				disciplinary hearing.

								(6)

								Examination of physical evidence

								Unless waived in writing by

				the law enforcement officer or the counsel or representative of that

				officer—

									(A)

									not later than 15 days

				before a disciplinary hearing, the prosecuting agency shall notify the law

				enforcement officer or the counsel or representative of that officer of all

				physical, non-documentary evidence; and

									(B)

									not later than 10 days

				before a disciplinary hearing, the prosecuting agency shall provide a

				reasonable date, time, place, and manner for the law enforcement officer or the

				counsel or representative of the law enforcement officer to examine the

				evidence described in subparagraph (A).

								(7)

								Identification of witnesses

								Unless waived in writing by

				the law enforcement officer or the counsel or representative of the officer,

				not later than 15 days before a disciplinary hearing, the prosecuting agency

				shall notify the law enforcement officer or the counsel or representative of

				the officer, of the name and address of each witness for the law enforcement

				agency employing the law enforcement officer.

								(8)

								Representation

								During a disciplinary

				hearing, the law enforcement officer who is the subject of the hearing shall be

				entitled to due process, including—

									(A)

									the right to be represented

				by counsel or a representative;

									(B)

									the right to confront and

				examine all witnesses against the officer; and

									(C)

									the right to call and

				examine witnesses on behalf of the officer.

								(9)

								Hearing board and procedure

									(A)

									In general

									A State or local government

				agency, other than the law enforcement agency employing the officer who is

				subject of the disciplinary hearing, shall—

										(i)

										determine the composition

				of an independent and impartial disciplinary hearing board;

										(ii)

										appoint an independent and

				impartial hearing officer; and

										(iii)

										establish such procedures

				as may be necessary to comply with this section.

									(B)

									Peer representation on disciplinary hearing board

									A disciplinary hearing

				board that includes employees of the law enforcement agency employing the law

				enforcement officer who is the subject of the hearing, shall include not less

				than 1 law enforcement officer of equal or lesser rank to the officer who is

				the subject of the hearing.

								(10)

								Summonses and subpoenas

									(A)

									In general

									The disciplinary hearing

				board or independent hearing officer—

										(i)

										shall have the authority to

				issue summonses or subpoenas, on behalf of—

											(I)

											the law enforcement agency

				employing the officer who is the subject of the hearing; or

											(II)

											the law enforcement officer

				who is the subject of the hearing; and

										(ii)

										upon written request of

				either the law enforcement agency or the officer, shall issue a summons or

				subpoena, as appropriate, to compel the appearance and testimony of a witness

				or the production of documentary evidence.

									(B)

									Effect of failure to comply with summons or subpoena

									With respect to any failure

				to comply with a summons or a subpoena issued under subparagraph (A)—

										(i)

										the disciplinary hearing

				officer or board shall petition a court of competent jurisdiction to issue an

				order compelling compliance; and

										(ii)

										subsequent failure to

				comply with such a court order issued pursuant to a petition under clause (i)

				shall—

											(I)

											be subject to contempt of a

				court proceedings according to the laws of the jurisdiction within which the

				disciplinary hearing is being conducted; and

											(II)

											result in the recess of the

				disciplinary hearing until the witness becomes available to testify and does

				testify or is held in contempt.

								(11)

								Closed hearing

								A disciplinary hearing

				shall be closed to the public unless the law enforcement officer who is the

				subject of the hearing requests, in writing, that the hearing be open to

				specified individuals or to the general public.

								(12)

								Recording

								All aspects of a

				disciplinary hearing, including pre-hearing motions, shall be recorded by audio

				tape, video tape, or transcription.

								(13)

								Sequestration of witnesses

								Either side in a

				disciplinary hearing may move for and be entitled to sequestration of

				witnesses.

								(14)

								Testimony under oath

								The hearing officer or

				board shall administer an oath or affirmation to each witness, who shall

				testify subject to the laws of perjury of the State in which the disciplinary

				hearing is being conducted.

								(15)

								Final decision on each charge

									(A)

									In general

									At the conclusion of the

				presentation of all the evidence and after oral or written argument, the

				hearing officer or board shall deliberate and render a written final decision

				on each charge.

									(B)

									Final decision isolated to charge brought

									The hearing officer or

				board may not find that the law enforcement officer who is the subject of the

				hearing is liable for disciplinary action for any violation of law as to which

				the officer was not charged.

								(16)

								Burden of persuasion and standard of proof

								The burden of persuasion or

				standard of proof of the prosecuting agency shall be—

									(A)

									by clear and convincing

				evidence as to each charge alleging false statement or representation, fraud,

				dishonesty, deceit, moral turpitude, or criminal behavior on the part of the

				law enforcement officer who is the subject of the charge; and

									(B)

									by a preponderance of the

				evidence as to all other charges.

								(17)

								Factors of just cause to be considered by the hearing officer

				or board

								A law enforcement officer

				who is the subject of a disciplinary hearing shall not be found guilty of any

				charge or subjected to any disciplinary action unless the disciplinary hearing

				board or independent hearing officer finds that—

									(A)

									the officer who is the

				subject of the charge could reasonably be expected to have had knowledge of the

				probable consequences of the alleged conduct set forth in the charge against

				the officer;

									(B)

									the rule, regulation,

				order, or procedure that the officer who is the subject of the charge allegedly

				violated is reasonable;

									(C)

									the charging party, before

				filing the charge, made a reasonable, fair, and objective effort to discover

				whether the officer did in fact violate the rule, regulation, order, or

				procedure as charged;

									(D)

									the charging party did not

				conduct the investigation arbitrarily or unfairly, or in a discriminatory

				manner, against the officer who is the subject of the charge, and the charge

				was brought in good faith; and

									(E)

									the proposed disciplinary

				action reasonably relates to the seriousness of the alleged violation and to

				the record of service of the officer who is the subject of the charge.

								(18)

								No commission of a violation

								If the officer who is the

				subject of the disciplinary hearing is found not to have committed the alleged

				violation—

									(A)

									the matter is

				concluded;

									(B)

									no disciplinary action may

				be taken against the officer;

									(C)

									the personnel record of

				that officer shall not contain any reference to the charge for which the

				officer was found not guilty; and

									(D)

									any pay and benefits lost

				or deferred during the pendency of the disposition of the charge shall be

				restored to the officer as though no charge had ever been filed against the

				officer, including salary or regular pay, vacation, holidays, longevity pay,

				education incentive pay, shift differential, uniform allowance, lost overtime,

				or other premium pay opportunities, and lost promotional opportunities.

								(19)

								Commission of a violation

									(A)

									In general

									If the officer who is the

				subject of the charge is found to have committed the alleged violation, the

				hearing officer or board shall make a written recommendation of a penalty to

				the law enforcement agency employing the officer or any other governmental

				entity that has final disciplinary authority, as provided by applicable State

				or local law.

									(B)

									Penalty

									The employing agency or

				other governmental entity may not impose a penalty greater than the penalty

				recommended by the hearing officer or board.

								(20)

								Appeal

								Any officer who has been

				found to have committed an alleged violation may appeal from a final decision

				of a hearing officer or hearing board to a court of competent jurisdiction or

				to an independent neutral arbitrator to the extent available in any other

				administrative proceeding under applicable State or local law, or a collective

				bargaining agreement.

							(i)

							Waiver of rights

								(1)

								In general

								An officer who is notified

				that the officer is under investigation or is the subject of a charge may,

				after such notification, waive any right or procedure guaranteed by this

				section.

								(2)

								Written waiver

								A written waiver under this

				subsection shall be—

									(A)

									in writing; and

									(B)

									signed by—

										(i)

										the officer, who shall have

				consulted with counsel or a representative before signing any such waiver;

				or

										(ii)

										the counsel or

				representative of the officer, if expressly authorized by subsection

				(h).

							(j)

							Summary punishment

							Nothing in this section

				shall preclude a public agency from imposing summary punishment.

							(k)

							Emergency suspension

							Nothing in this section may

				be construed to preclude a law enforcement agency from imposing an emergency

				suspension on a law enforcement officer, except that any such suspension

				shall—

								(1)

								be followed by a hearing in

				accordance with the requirements of subsection (h); and

								(2)

								not deprive the affected

				officer of any pay or benefit.

							(l)

							Retaliation for exercising rights

							There shall be no

				imposition of, or threat of, disciplinary action or other penalty against a law

				enforcement officer for the exercise of any right provided to the officer under

				this section.

							(m)

							Other remedies not impaired

							Nothing in this section may

				be construed to impair any other right or remedy that a law enforcement officer

				may have under any constitution, statute, ordinance, order, rule, regulation,

				procedure, written policy, collective bargaining agreement, or any other

				source.

							(n)

							Declaratory or injunctive relief

							A law enforcement officer

				who is aggrieved by a violation of, or is otherwise denied any right afforded

				by, the Constitution of the United States, a State constitution, this section,

				or any administrative rule or regulation promulgated pursuant thereto, may file

				suit in any Federal or State court of competent jurisdiction for declaratory or

				injunctive relief to prohibit the law enforcement agency from violating or

				otherwise denying such right, and such court shall have jurisdiction, for cause

				shown, to restrain such a violation or denial.

							(o)

							Protection of law enforcement officer personnel

				files

								(1)

								Restrictions on adverse material maintained in officers’

				personnel records

									(A)

									In general

									Unless the officer has had

				an opportunity to review and comment, in writing, on any adverse material

				generated after the effective date of the State and Local Law Enforcement Discipline,

				Accountability, and Due Process Act of 2005 to be included in a

				personnel record relating to the officer, no law enforcement agency or other

				governmental entity may—

										(i)

										include the adverse

				material in that personnel record; or

										(ii)

										possess or maintain control

				over the adverse material in any form as a personnel record within the law

				enforcement agency or elsewhere in the control of the employing governmental

				entity.

									(B)

									Responsive material

									Any responsive material

				provided by an officer to adverse material included in a personnel record

				pertaining to the officer shall be—

										(i)

										attached to the adverse

				material; and

										(ii)

										released to any person or

				entity to whom the adverse material is released in accordance with law and at

				the same time as the adverse material is released.

								(2)

								Right to inspection of, and restrictions on access to

				information in, the officer’s own personnel records

									(A)

									In general

									Subject to subparagraph

				(B), a law enforcement officer shall have the right to inspect all of the

				personnel records of the officer not less than annually.

									(B)

									Restrictions

									A law enforcement officer

				shall not have access to information in the personnel records of the officer if

				the information—

										(i)

										relates to the

				investigation of alleged conduct that, if proven, would constitute or have

				constituted a definite violation of a statute providing for criminal penalties,

				but as to which no formal charge was brought;

										(ii)

										contains letters of

				reference for the officer;

										(iii)

										contains any portion of a

				test document other than the results;

										(iv)

										is of a personal nature

				about another officer, and if disclosure of that information in non-redacted

				form would constitute a clearly unwarranted intrusion into the privacy rights

				of that other officer; or

										(v)

										is relevant to any pending

				claim brought by or on behalf of the officer against the employing agency of

				that officer that may be discovered in any judicial or administrative

				proceeding between the officer and the employer of that officer.

							(p)

							States’ rights

								(1)

								In general

								Nothing in this section may

				be construed—

									(A)

									to preempt any State or

				local law, or any provision of a State or local law, in effect on the date of

				enactment of the State and Local Law

				Enforcement Discipline, Accountability, and Due Process Act of

				2005, that confers a right or a protection that equals or exceeds

				the right or protection afforded by this section; or

									(B)

									to prohibit the enactment

				of any State or local law that confers a right or protection that equals or

				exceeds a right or protection afforded by this section.

								(2)

								State or local laws preempted

								A State or local law, or

				any provision of a State or local law, that confers fewer rights or provides

				less protection for a law enforcement officer than any provision in this

				section shall be preempted by this section.

							(q)

							Collective bargaining agreements

							Nothing in this section may

				be construed to—

								(1)

								preempt any provision in a

				mutually agreed-upon collective bargaining agreement, in effect on the date of

				enactment of the State and Local Law

				Enforcement Discipline, Accountability, and Due Process Act of

				2005, that provides for substantially the same or a greater right

				or protection afforded under this section; or

								(2)

								prohibit the negotiation of

				any additional right or protection for an officer who is subject to any

				collective bargaining agreement.

							.

				(b)

				Technical amendment

				The table of contents of

			 title I of the Omnibus Crime Control and Safe

			 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended

			 by inserting after the item relating to section 819 the following:

						Sec. 820. Discipline,

				accountability, and due process of State and local law enforcement

				officers.

					.

			4.

			Prohibition of Federal control over State and local criminal

			 justice agencies

			Nothing in this Act or the

			 amendments made by this Act shall be construed to authorize any department,

			 agency, officer, or employee of the United States to exercise any direction,

			 supervision, or control of any police force or any criminal justice agency of

			 any State or any political subdivision thereof.

			5.

			Effective date

			The amendments made by this

			 Act shall take effect with respect to each State on the earlier of—

				(1)

				2 years after the date of

			 enactment of this Act; or

				(2)

				the conclusion of the second

			 legislative session of the State that begins on or after the date of enactment

			 of this Act.


114 HR 5251 IH: Healthy Homes Tax Credit Act
U.S. House of Representatives
2016-05-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 5251
		IN THE HOUSE OF REPRESENTATIVES

			May 16, 2016
			Ms. Esty (for herself and Ms. DeLauro) introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide a tax credit for property owners who remove
			 hazards relating to lead, asbestos, and radon.

 1.Short titleThis Act may be cited as the Healthy Homes Tax Credit Act. 2.Tax credits for reduction of lead, radon, and asbestos hazards in homes (a)In generalSubpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sections:

					30E.Home lead hazard reduction activity
 (a)Allowance of creditThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the lead hazard reduction activity cost paid or incurred by the taxpayer during the taxable year for each eligible dwelling unit.
 (b)LimitationThe amount of the credit allowed under subsection (a) for any eligible dwelling unit for any taxable year shall not exceed—
 (1)$5,000, reduced by (2)the aggregate lead hazard reduction activity cost taken into account under subsection (a) with respect to such unit for all preceding taxable years.
 (c)DefinitionsFor purposes of this section: (1)Certified lead abatement supervisorThe term certified lead abatement supervisor means an individual certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations.
 (2)Certified inspectorThe term certified inspector means an inspector certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations.
 (3)Certified risk assessorThe term certified risk assessor means a risk assessor certified by the Environmental Protection Agency pursuant to section 745.226 of title 40, Code of Federal Regulations, or an appropriate State agency pursuant to section 745.325 of title 40, Code of Federal Regulations.
							(4)Eligible dwelling unit
 (A)In generalThe term eligible dwelling unit means, with respect to any taxable year, any dwelling unit which is placed in service before 1950 and located in the United States.
 (B)Dwelling unitThe term dwelling unit has the meaning given such term by section 280A(f)(1). (5)Lead hazard reduction activity cost (A)In generalThe term lead hazard reduction activity cost means, with respect to any eligible dwelling unit—
 (i)the cost for a certified risk assessor to conduct an assessment to determine the presence of lead pipes or a lead-based paint hazard,
 (ii)the cost for performing lead abatement measures by a certified lead abatement supervisor, including the removal of lead pipes, the removal of paint and dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of painted surfaces, windows, or fixtures, or the removal or permanent covering of soil when lead-based paint hazards are present in such paint, dust, or soil,
 (iii)the cost for a certified lead abatement supervisor, those working under the supervision of such supervisor, or a qualified contractor to perform all preparation, cleanup, disposal, and clearance testing activities associated with the lead abatement measures, and
 (iv)costs incurred by or on behalf of any occupant of such dwelling unit for any relocation which is necessary to achieve occupant protection (as defined under section 35.1345 of title 24, Code of Federal Regulations).
 (B)LimitationThe term lead hazard reduction activity cost does not include any cost to the extent such cost is funded by any grant, contract, or otherwise by another person or any governmental agency.
 (6)Lead-based paint hazardThe term lead-based paint hazard has the meaning given such term by section 745.63 of title 40, Code of Federal Regulations. (7)Qualified contractorThe term qualified contractor means a Lead-Safe Certified Firm or certified renovator under the Lead Renovation, Repair and Painting Program of the Environmental Protection Agency.
							(d)Special rules
 (1)Documentation required for credit allowanceNo credit shall be allowed under subsection (a) with respect to any eligible dwelling unit for any taxable year unless—
 (A)after lead hazard reduction activity is complete, a certified inspector or certified risk assessor provides written documentation to the taxpayer that includes—
 (i)evidence that the eligible dwelling unit meets lead hazard evaluation criteria established by the Environmental Protection Agency or under an authorized State or local program, and
 (ii)documentation showing that the lead hazard reduction activity meets the requirements of this section, and
 (B)the taxpayer files with the appropriate State agency and attaches to the tax return for the taxable year—
 (i)the documentation described in subparagraph (A), (ii)documentation of the lead hazard reduction activity costs paid or incurred during the taxable year with respect to the eligible dwelling unit, and
 (iii)a statement certifying that the dwelling unit qualifies as an eligible dwelling unit for such taxable year.
 (2)Basis reductionThe basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (e)).
 (3)No double benefitAny deduction allowable for costs taken into account in computing the amount of the credit for lead-based paint abatement shall be reduced by the amount of such credit attributable to such costs.
 (e)Limitation based on amount of taxThe credit allowed under subsection (a) for the taxable year shall not exceed the excess of— (1)the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
 (2)the sum of the credits allowable under subpart A and sections 27, 29, 30, 30A, 30B, 30C, and 30D for the taxable year.
							(f)Carryforward allowed
 (1)In generalIf the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (e) for such taxable year (referred to as the unused credit year in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year.
 (2)RulesRules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1).
							30F.Home radon hazard reduction activity
 (a)Allowance of creditThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the radon hazard reduction activity cost paid or incurred by the taxpayer during the taxable year for each eligible dwelling unit.
 (b)LimitationThe amount of the credit allowed under subsection (a) for any eligible dwelling unit for any taxable year shall not exceed—
 (1)$5,000, reduced by (2)the aggregate radon hazard reduction activity cost taken into account under subsection (a) with respect to such unit for all preceding taxable years.
 (c)DefinitionsFor purposes of this section: (1)Eligible dwelling unit (A)In generalThe term eligible dwelling unit means, with respect to any taxable year, any dwelling unit located in the United States.
 (B)Dwelling unitThe term dwelling unit has the meaning given such term by section 280A(f)(1). (2)Qualified radon measurement professionalThe term qualified radon measurement professional means an individual who has demonstrated the minimum degree of appropriate technical knowledge and skills specific to radon measurement in conformance with the requirements of—
 (A)a certification standard promulgated by the American National Standards Institute or International Organization for Standardization,
 (B)a State, local or other governmental licensing (or equivalent) program, or (C)any other recognized or accredited certification process as determined by the Secretary.
 (3)Qualified radon mitigation professionalThe term qualified radon mitigation professional means an individual who has demonstrated the minimum degree of appropriate technical knowledge and skills specific to radon mitigation in conformance with the requirements of—
 (A)a certification standard promulgated by the American National Standards Institute or International Organization for Standardization,
 (B)a State, local or other governmental licensing (or equivalent) program, or (C)any other recognized or accredited certification process as determined by the Secretary.
 (4)RadonThe term radon has the meaning given the term in section 302 of the Toxic Substances Control Act (15 U.S.C. 2662). (5)Radon hazard reduction activity cost (A)In generalThe term radon hazard reduction activity cost means, with respect to any eligible dwelling unit—
 (i)the cost for a qualified radon measurement professional to conduct an assessment to determine the indoor radon level of the dwelling unit, and
 (ii)if the indoor radon level of the dwelling unit is not less than 2 picocuries per liter of air, as determined by a qualified radon measurement professional, the cost for performing radon abatement measures by a qualified radon mitigation professional.
 (B)LimitationThe term radon hazard reduction activity cost does not include any cost to the extent such cost is funded by any grant, contract, or otherwise by another person or any governmental agency.
								(d)Special rules
 (1)Documentation required for credit allowanceNo credit shall be allowed under subsection (a) with respect to any eligible dwelling unit for any taxable year unless—
 (A)after radon hazard reduction activity is complete, a qualified radon measurement professional provides written documentation to the taxpayer that includes—
 (i)evidence that the eligible dwelling unit meets radon hazard evaluation criteria established under an authorized State or local program, and
 (ii)documentation showing that the radon hazard reduction activity meets the requirements of this section, and
 (B)the taxpayer files with the appropriate State agency and attaches to the tax return for the taxable year—
 (i)the documentation described in subparagraph (A), (ii)documentation of the radon hazard reduction activity costs paid or incurred during the taxable year with respect to the eligible dwelling unit, and
 (iii)a statement certifying that the dwelling unit qualifies as an eligible dwelling unit for such taxable year.
 (2)Basis reductionThe basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (e)).
 (3)No double benefitAny deduction allowable for costs taken into account in computing the amount of the credit for radon abatement shall be reduced by the amount of such credit attributable to such costs.
 (e)Limitation based on amount of taxThe credit allowed under subsection (a) for the taxable year shall not exceed the excess of— (1)the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
 (2)the sum of the credits allowable under subpart A and sections 27, 29, 30, 30A, 30B, 30C, and 30D for the taxable year.
							(f)Carryforward allowed
 (1)In generalIf the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (e) for such taxable year (referred to as the unused credit year in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year.
 (2)RulesRules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1).
							30G.Home asbestos hazard reduction activity
 (a)Allowance of creditThere shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the asbestos hazard reduction activity cost paid or incurred by the taxpayer during the taxable year for each eligible dwelling unit.
 (b)LimitationThe amount of the credit allowed under subsection (a) for any eligible dwelling unit for any taxable year shall not exceed—
 (1)either— (A)$5,000 in the case of asbestos hazard reduction activity cost including asbestos abatement measures described in clauses (i), (ii), (iv), and (v) of subsection (c)(3)(A), or
 (B)$1,000 in the case of asbestos hazard reduction activity cost including interim asbestos control measures described in clauses (i), (iii), (iv), and (v) of subsection (c)(3)(A), reduced by
 (2)the aggregate asbestos hazard reduction activity cost taken into account under subsection (a) with respect to such unit for all preceding taxable years.
 (c)DefinitionsFor purposes of this section: (1)Accredited asbestos abatement contractor or supervisorThe term accredited asbestos abatement contractor or supervisor means any person accredited as a contractor or supervisor under the Asbestos Model Accreditation Plan of the Environmental Protection Agency.
 (2)Accredited asbestos inspectorThe term accredited asbestos inspector means any person accredited as an inspector under the Asbestos Model Accreditation Plan of the Environmental Protection Agency.
 (3)AsbestosThe term asbestos has the meaning given the term in section 202 of the Toxic Substances Control Act (15 U.S.C. 2642). (4)Asbestos hazardThe term asbestos hazard has the meaning given the term imminent hazard to the health and safety in section 11 of the Asbestos School Hazard Detection and Control Act of 1980 (20 U.S.C. 3610).
							(5)Asbestos hazard reduction activity cost
 (A)In generalThe term asbestos hazard reduction activity cost means, with respect to any eligible dwelling unit— (i)the cost for an accredited asbestos inspector to conduct an assessment to determine the presence of an asbestos hazard,
 (ii)the cost for performing asbestos abatement measures by an accredited asbestos abatement contractor or supervisor,
 (iii)the cost for performing interim asbestos control measures to reduce exposure or likely exposure to asbestos hazards, but only if such measures are evaluated and completed by an accredited asbestos abatement contractor or supervisor using accepted methods, are conducted by an accredited asbestos abatement contractor or supervisor, and have an expected useful life of more than 10 years,
 (iv)the cost for an accredited asbestos abatement supervisor, those working under the supervision of such supervisor, or an accredited asbestos abatement contractor or supervisor to perform all preparation, cleanup, disposal, and clearance testing activities associated with the asbestos abatement measures or interim asbestos control measures, and
 (v)costs incurred by or on behalf of any occupant of such dwelling unit for any relocation which is necessary to achieve occupant protection (as determined by the Administrator of the Environmental Protection Agency).
 (B)LimitationThe term asbestos hazard reduction activity cost does not include any cost to the extent such cost is funded by any grant, contract, or otherwise by another person or any governmental agency.
								(6)Eligible dwelling unit
 (A)In generalThe term eligible dwelling unit means, with respect to any taxable year, any dwelling unit located in the United States. (B)Dwelling unitThe term dwelling unit has the meaning given such term by section 280A(f)(1).
								(d)Special rules
 (1)Documentation required for credit allowanceNo credit shall be allowed under subsection (a) with respect to any eligible dwelling unit for any taxable year unless—
 (A)after asbestos hazard reduction activity is complete, an accredited asbestos inspector provides written documentation to the taxpayer that includes—
 (i)evidence that the eligible dwelling unit meets asbestos hazard evaluation criteria established under an authorized State or local program, and
 (ii)documentation showing that the asbestos hazard reduction activity meets the requirements of this section, and
 (B)the taxpayer files with the appropriate State agency and attaches to the tax return for the taxable year—
 (i)the documentation described in subparagraph (A), (ii)documentation of the asbestos hazard reduction activity costs paid or incurred during the taxable year with respect to the eligible dwelling unit, and
 (iii)a statement certifying that the dwelling unit qualifies as an eligible dwelling unit for such taxable year.
 (2)Basis reductionThe basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (e)).
 (3)No double benefitAny deduction allowable for costs taken into account in computing the amount of the credit for asbestos abatement shall be reduced by the amount of such credit attributable to such costs.
 (e)Limitation based on amount of taxThe credit allowed under subsection (a) for the taxable year shall not exceed the excess of— (1)the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
 (2)the sum of the credits allowable under subpart A and sections 27, 29, 30, 30A, 30B, 30C, and 30D for the taxable year.
							(f)Carryforward allowed
 (1)In generalIf the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (e) for such taxable year (referred to as the unused credit year in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year.
 (2)RulesRules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1)..
			(b)Technical amendments
 (1)Section 1016(a) of the Internal Revenue Code of 1986 is amended— (A)in paragraph (36), by striking and at the end,
 (B)in paragraph (37), by striking the period at the end and inserting a comma, and (C)by adding at the end the following new paragraphs:

 (38)in the case of an eligible dwelling unit with respect to which a credit for any lead hazard reduction activity cost was allowed under section 30E, to the extent provided in section 30E(d)(2),
 (39)in the case of an eligible dwelling unit with respect to which a credit for any radon hazard reduction activity cost was allowed under section 30F, to the extent provided in section 30F(d)(2), and
 (40)in the case of an eligible dwelling unit with respect to which a credit for any asbestos hazard reduction activity cost was allowed under section 30G, to the extent provided in section 30G(d)(2).
 (2)The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30D the following new items:

							Sec. 30E. Home lead hazard reduction activity.
							Sec. 30F. Home radon hazard reduction activity.
							Sec. 30G. Home asbestos hazard reduction activity..
 (c)Effective dateThe amendments made by this section shall apply to costs incurred after December 31, 2015, in taxable years ending after that date.


		IV
		111th CONGRESS
		2d Session
		H. RES. 1763
		IN THE HOUSE OF REPRESENTATIVES

			December 15, 2010
			Ms. Ros-Lehtinen
			 submitted the following resolution; which was referred to the
			 Committee on Foreign
			 Affairs

		RESOLUTION
		Directing the Secretary of State to
		  transmit to the House of Representatives copies of all classified Department of
		  State documents assessed by the Department to have been unlawfully disclosed
		  and provided to WikiLeaks and public press outlets.

		That the Secretary of State is directed to
			 transmit to the House of Representatives, not later than 7 days after the date
			 of the adoption of this resolution, copies of all classified Department of
			 State documents assessed by the Department as of the date of the adoption of
			 this resolution to have been unlawfully disclosed and provided to WikiLeaks and
			 select public press outlets, as referenced in the November 27, 2010, letter by
			 the Department of State Legal Adviser, Harold Hongju Koh, to Ms. Jennifer
			 Robinson, attorney for Mr. Julian Assange, which notes the approximately
			 250,000 documents that have been provided to select press outlets by
			 WikiLeaks.


116 S1572 IS: Military Child Care Expansion Act of 2021
U.S. Senate
2021-05-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1572IN THE SENATE OF THE UNITED STATESMay 11, 2021Ms. Duckworth (for herself, Mr. Durbin, Mr. Van Hollen, Ms. Klobuchar, Mrs. Murray, Mr. Blumenthal, Mrs. Feinstein, Mrs. Gillibrand, and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo expand child care opportunities for members of the Armed Forces, and for other purposes.1.Short titleThis Act may be cited as the Military Child Care Expansion Act of 2021.2.Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child careSection 589 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—(1)in subsection (a)(3)—(A)by striking Secretary shall— and all that follows through private sector; and and inserting Secretary shall take into consideration qualifications for in-home child care providers in the private sector.; and(B)by striking subparagraph (B); and(2)in subsection (b), by adding at the end the following: The Secretary of Defense may expand the pilot program to additional locations..3.Pilot program to expand access to child care to the Department of Defense(a)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to expand access to child care for members of the Armed Forces by entering into agreements with public or private child care facilities or development centers. (b)ScopeIn carrying out the pilot program, the Secretary shall—(1)seek to enter into one or more memoranda of understanding with one or more eligible civilian child care centers or facilities to reserve slots for qualified families in locations in which— (A)the Department of Defense lacks a child development center; or(B)the wait lists for the nearest Department of Defense child development center, where applicable, indicate that qualified families may not be accommodated; and(2)select five locations that the Secretary determines have the greatest unmet demand for child care services for children of members of the Armed Forces, including at least one facility in each location that offers extended or flexible hours to provide care after hours and on weekends. (c)Annual assessment of resultsNot later than one year after establishing the pilot program under subsection (a), the Secretary shall undertake a current assessment of the impact of the pilot program on access to childcare facilities or child development centers for qualified families. (d)Reports(1)Interim reportsNot later than one year after the Secretary establishes the pilot program and twice annually thereafter, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report on the pilot program. Each interim report shall include the following elements: (A)The number of military families participating in the pilot program, disaggregated by location and duration of participation.(B)A breakdown of the total cost, including any subsidies or financial assistance, charged by the childcare facility or child development center.(C)The impact of the program on wait times at Department of Defense child care development centers.(D)The feasibility of expanding the pilot program.(E)Recommendations for legislation or administrative actions that the Secretary determines necessary to make the pilot program permanent.(F)Any other information the Secretary determines appropriate. (2)Final reportNot later than 90 days after the termination of the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report on the pilot program. The report shall include the following elements:(A)The elements specified in paragraph (1).(B)The recommendation of the Secretary whether to make the pilot program permanent. (e)ExpansionBased on the recommendations included in the interim reports, the Secretary may expand the scope of the pilot program to include more than five locations if the Secretary determines access to childcare is improved and such expansion would likely benefit Department of Defense families. (f)TerminationThe pilot program shall terminate three years after the date on which the Secretary establishes the pilot program. (g)Eligible civilian child care center or facility definedIn this section, the term eligible civilian child care center or facility has the meaning given the term eligible provider in section 1798(b) of title 10, United States Code. 4.Determination of causes of poor or failing conditions at child development centers of Department of Defense and costs to improve such conditions(a)Determinations(1)In generalThe Secretary of Defense shall determine—(A)the root causes contributing to poor or failing facility conditions at child development centers of the Department of Defense; and(B)the total cost to improve the facility conditions of such centers to at least fair condition, as determined by the Secretary.(2)ReportNot later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the determinations of the Secretary under paragraph (1).(b)Comptroller General review and recommendationsNot later than one year after the date on which the Secretary submits to Congress the report under subsection (a)(2) on the determinations of the Secretary under subsection (a)(1), the Comptroller General of the United States shall—(1)review such determinations; and(2)submit to the Secretary and Congress recommendations on how to improve the facility conditions at child development centers of the Department. 5.Temporary program to use minor military construction authority for construction of child development centers(a)Thresholds on construction authorizedThe Secretary of Defense shall establish a program to carry out minor military construction projects under section 2805 of title 10, United States Code, to construct child development centers.(b)Increased maximum amounts applicable to minor construction projectsFor the purpose of any military construction project carried out under the program under this section, the amounts specified in section 2805 of title 10, United States Code, are modified as follows:(1)The amount specified in subsection (a)(2) of such section is deemed to be $25,000,000.(2)The amount specified in subsection (c) of such section is deemed to be $25,000,000.(c)Notification and approval requirements(1)In generalThe notification and approval requirements under section 2805(b) of title 10, United States Code, shall remain in effect for construction projects carried out under the program under this section.(2)ProceduresThe Secretary shall establish procedures for the review and approval of requests from the Secretaries of military departments to carry out construction projects under the program under this section.(d)Report required(1)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the program under this section.(2)ElementsThe report required by paragraph (1) shall include a list and description of the construction projects carried out under the program under this section, including the location and cost of each project.(e)Expiration of authorityThe authority to carry out a minor military construction project under the program under this section expires on the date that is 10 years after the date of the enactment of this Act.(f)Construction of authorityNothing in this section may be construed to limit any other authority provided by law for a military construction project at a child development center.(g)DefinitionsIn this section:(1)Child development centerThe term child development center includes a facility, and the utilities to support such facility, the function of which is to support the daily care of children aged six weeks old through five years old for full-day, part-day, and hourly service. (2)Congressional defense committeesThe term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.


113 HR 5235 IH: Emergency Iron Dome Replenishment Act
U.S. House of Representatives
2014-07-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 5235
		IN THE HOUSE OF REPRESENTATIVES

			July 29, 2014
			Mr. Engel (for himself, Mr. Royce, Mr. Smith of Washington, Mrs. Davis of California, Mr. Jeffries, Mr. Sherman, Ms. Ros-Lehtinen, Mr. Deutch, and Ms. Frankel of Florida) introduced the following bill; which was referred to the Committee on Foreign Affairs

		A BILL
		To authorize further assistance to Israel for the Iron Dome anti-missile defense system.

		1.Short titleThis Act may be cited as the Emergency Iron Dome Replenishment Act.
		2.FindingsCongress finds the following:
			(1)Since June 12, 2014, the foreign terrorist organization Hamas and other Palestinian extremists have
			 been launching dozens of rockets per day at the State of Israel.
			(2)Hamas possesses approximately 12,000 missiles of assorted ranges that could threaten approximately
			 40 percent of the Israeli population.
			(3)Iran has supplied Hamas and other Palestinian extremists with long-range missiles, capable of
			 hitting Israeli population centers 100 miles away.
			(4)Hamas rockets are either unguided or have inaccurate guidance systems, making them true weapons of
			 terror designed only to kill people at random.
			(5)Hamas has admitted targeting Israel’s nuclear research reactor at Dimona.
			(6)The use of rockets by Hamas against Israeli population centers has been called a war crime.
			(7)In March 2014, Israel intercepted the ship Klos-C, which was carrying dozens of long-range rockets,
			 reportedly from Iran to Hamas.
			(8)The United States remains committed to Israel’s qualitative military edge, including its advantage
			 over Hamas and other foreign terrorist organizations.
			(9)The Israeli Defense Forces report that the Iron Dome anti-missile defense system has achieved a
			 success rate of 90 percent, intercepting rockets bound for civilian
			 population centers, including residential neighborhoods, busy road
			 junctions, shopping centers, and crowded streets.
			(10)The recent success of the Iron Dome anti-missile defense system averted massive Israeli casualties.
			(11)Supporting Israel’s ability to defend itself against missiles, rockets, and other threats advances
			 the United States own vital national security interests and the cause of
			 Middle Eastern peace and stability.
			(12)The White House said on July 8, 2014, No country can accept rocket fire aimed at civilians and we support Israel’s right to defend itself
			 against these vicious attacks..
			(13)In 2012, President Obama called Iron Dome critical in terms of providing security and safety for Israeli families. It is a program that has
			 been tested and has prevented missile strikes inside of Israel..
			3.Authorization of assistance to Israel for Iron Dome anti-missile defense systemThe President, acting through the Secretary of Defense and the Secretary of State, is authorized to
			 provide assistance, upon request by the Government of Israel, for the
			 procurement, maintenance, and sustainment of the Iron Dome anti-missile
			 defense system for purposes of intercepting short-range missiles launched
			 against Israel.


116 S2319 IS: Restore Coast Guard Capabilities Act
U.S. Senate
2019-07-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		116th CONGRESS1st Session
		S. 2319
		IN THE SENATE OF THE UNITED STATES

			July 30, 2019
			Mr. Rubio (for himself and Mr. Scott of Florida) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

		A BILL
		To allow the Coast Guard to consider the impacts of Hurricane Michael for the purpose of modifying
			 contracts for offshore patrol cutters.

 1.Short titleThis Act may be cited as the Restore Coast Guard Capabilities Act. 2.Modifications to contracts for offshore patrol cutters permitted based on impacts of Hurricane MichaelNotwithstanding Public Law 85–804, the United States Coast Guard is authorized to take into account the impacts of Hurricane Michael for the purpose of modifying, without consideration, but not exceeding the original affordability requirement as set forth in section C of the existing contract to construct Offshore Patrol Cutters upon a determination that doing so would facilitate national security.