116 HR 1433 : Department of Homeland Security Morale, Recognition, Learning and Engagement Act of 2019
U.S. House of Representatives

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.

		IIB
		116th CONGRESS1st Session
		H. R. 1433
		IN THE SENATE OF THE UNITED STATES
		April 2, 2019Received; read twice and referred to the Committee on Homeland Security and Governmental AffairsAN ACT
		To amend the Homeland Security Act of 2002 to improve morale within the Department of Homeland
			 Security workforce by conferring new responsibilities to the Chief Human
			 Capital Officer, establishing an employee engagement steering committee,
			 requiring action plans, and authorizing an annual employee award program,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Department of Homeland Security Morale, Recognition, Learning and Engagement Act of 2019 or the DHS MORALE Act. 2.Chief Human Capital Officer responsibilitiesSection 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is amended—
 (1)in subsection (b)— (A)in paragraph (1)—
 (i)by inserting , including with respect to leader development and employee engagement, after policies; (ii)by striking and in line and inserting , in line; and
 (iii)by inserting and informed by best practices within the Federal government and the private sector, after priorities,; (B)in paragraph (2), by striking develop performance measures to provide a basis for monitoring and evaluating and inserting use performance measures to evaluate, on an ongoing basis,;
 (C)in paragraph (3), by inserting that, to the extent practicable, are informed by employee feedback after policies; (D)in paragraph (4), by inserting including leader development and employee engagement programs, before in coordination;
 (E)in paragraph (5), by inserting before the semicolon at the end the following: that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and non-supervisory roles across the Department and appropriate workforce planning initiatives;
 (F)by redesignating paragraphs (9) and (10) as paragraphs (12) and (13), respectively; and (G)by inserting after paragraph (8) the following new paragraphs:

 (9)maintain a catalogue of available employee development opportunities, including the Homeland Security Rotation Program pursuant to section 844, departmental leadership development programs, interagency development programs, and other rotational programs;
 (10)ensure that employee discipline and adverse action programs comply with the requirements of all pertinent laws, rules, regulations, and Federal guidance, and ensure due process for employees;
 (11)analyze each Department or Government-wide Federal workforce satisfaction or morale survey not later than 90 days after the date of the publication of each such survey and submit to the Secretary such analysis, including, as appropriate, recommendations to improve workforce satisfaction or morale within the Department;;
 (2)by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (3)by inserting after subsection (c) the following new subsection:

 (d)Chief Learning and Engagement OfficerThe Chief Human Capital Officer may designate an employee of the Department to serve as a Chief Learning and Engagement Officer to assist the Chief Human Capital Officer in carrying out this section.; and
 (4)in subsection (e), as so redesignated— (A)by redesignating paragraphs (2), (3), and (4) as paragraphs (5), (6), and (7), respectively; and
 (B)by inserting after paragraph (1) the following new paragraphs:  (2)information on employee development opportunities catalogued pursuant to paragraph (9) of subsection (b) and any available data on participation rates, attrition rates, and impacts on retention and employee satisfaction;
 (3)information on the progress of Department-wide strategic workforce planning efforts as determined under paragraph (2) of subsection (b);
 (4)information on the activities of the steering committee established pursuant to section 711(a), including the number of meetings, types of materials developed and distributed, and recommendations made to the Secretary;.
				3.Employee engagement steering committee and action plan
 (a)In generalTitle VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section:

					711.Employee engagement
 (a)Steering committeeNot later than 120 days after the date of the enactment of this section, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and non-supervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities:
 (1)Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate.
 (2)Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate.
 (3)Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate.
 (4)Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department.
 (5)Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Department-wide efforts to improve employee engagement, morale, and communications.
 (b)Action plan; reportingThe Secretary, acting through the Chief Human Capital Officer, shall— (1)not later than 120 days after the date of the establishment of the employee engagement steering committee under subsection (a), issue a Department-wide employee engagement action plan, reflecting input from the steering committee and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph (1) of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and
 (2)require the head of each component to— (A)develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph (1) that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives;
 (B)monitor progress on implementation of such action plan; and (C)provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph.
 (c)TerminationThis section shall terminate on the date that is five years after the date of the enactment of this section..
 (b)Clerical amendmentThe table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 710 the following new item:

						Sec. 711. Employee engagement..
			(c)Submissions to Congress
 (1)Department-wide employee engagement action planThe Secretary of Homeland Security, acting through the Chief Human Capital Officer of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the Department-wide employee engagement action plan required under subsection (b)(1) of section 711 of the Homeland Security Act of 2002 (as added by subsection (a) of this section) not later than 30 days after the issuance of such plan under such subsection (b)(1).
 (2)Component-specific employee engagement plansEach head of a component of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the component-specific employee engagement plan of each such component required under subsection (b)(2) of section 711 of the Homeland Security Act of 2002 not later than 30 days after the issuance of each such plan under such subsection (b)(2).
				4.Annual employee award program
 (a)In generalTitle VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.), as amended by section 3 of this Act, is further amended by adding at the end the following new section:

					712.Annual employee award program
 (a)In generalThe Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department’s goals and missions. If such a program is established, the Secretary shall—
 (1)establish within such program categories of awards, each with specific criteria, that emphasizes honoring employees who are at the non-supervisory level;
 (2)publicize within the Department how any employee or group of employees may be nominated for an award;
 (3)establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees;
 (4)select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and
 (5)publicize such program within the Department. (b)Internal review boardThe internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and non-supervisory personnel, and employee labor organizations that represent Department employees.
 (c)Rule of constructionNothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section..
 (b)Clerical amendmentThe table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by section 3 of this Act, is further amended by inserting after the item relating to section 711 the following new item:

						Sec. 712. Annual employee award program..
			5.Independent investigation and implementation plan
 (a)In generalNot later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall investigate whether the application in the Department of Homeland Security of discipline and adverse actions are administered in an equitable and consistent manner that results in the same or substantially similar disciplinary outcomes across the Department for misconduct by a non-supervisory or supervisor employee who engaged in the same or substantially similar misconduct.
 (b)ConsultationIn carrying out the investigation described in subsection (a), the Comptroller General of the United States shall consult with the Under Secretary for Management of the Department of Homeland Security and the employee engagement steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002 (as added by section 3(a) of this Act).
 (c)Action by Under Secretary for ManagementUpon completion of the investigation described in subsection (a), the Under Secretary for Management of the Department of Homeland Security shall review the findings and recommendations of such investigation and implement a plan, in consultation with the employee engagement steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002, to correct any relevant deficiencies identified by the Comptroller General of the United States in such investigation. The Under Secretary for Management shall direct the employee engagement steering committee to review such plan to inform committee activities and action plans authorized under such section 711.
 6.Impacts of shutdownNot later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding the direct and indirect impacts of the lapse in appropriations between December 22, 2018, and January 25, 2019, on—
 (1)Department of Homeland Security human resources operations; (2)the Department’s ability to meet hiring benchmarks; and
 (3)retention, attrition, and morale of Department personnel.  Passed the House of Representatives April 1, 2019.Cheryl L. Johnson,Clerk


IV
108th CONGRESS
2d Session
H. RES. 685
IN THE HOUSE OF REPRESENTATIVES

June 22, 2004
Mr. Obey submitted the following resolution; which was referred to the Committee on Rules, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

RESOLUTION
Revising the concurrent resolution on the budget for fiscal year 2005 as it applies in the House of Representatives.

That the conference report on Senate Concurrent Resolution 95, and the accompanying joint explanatory statement, as made applicable to the House by section 2 of House Resolution 649, shall have force and effect in the House as though such conference report and accompanying statement included the following modifications:
(1)In section 101 (relating to recommended levels and amounts for the budget year):
(A)In paragraph (4) (relating to the deficit), the amount of the deficit for fiscal year 2005 shall be reduced by $4,675,000,000.
(B)In paragraph (1) (relating to Federal revenues), the recommended level of Federal revenues for fiscal year 2005 shall be increased by $12,285,000,000 and the amount by which the aggregate level of Federal revenues should be changed shall be increased by $12,285,000,000.
(C)In paragraph (2) (relating to new budget authority), the appropriate level of total new budget authority for fiscal year 2005 shall be increased by $14,200,000,000.
(D)In paragraph (3) (relating to budget outlays), the appropriate level of total budget outlays for fiscal year 2005 shall be increased by $7,610,000,000.
(2)In section 103 (relating to major functional categories):
(A)In paragraph (1) (relating to National Defense (050)), the amount of new budget authority shall be increased by $1,000,000,000 and the amount of outlays shall be increased by $740,000,000, to improve the quality of life and provide livable housing for military personnel and their families.
(B)In paragraph (5) (relating to Natural Resources and Environment (300)), the amount of new budget authority shall each be increased by $825,000,000 and the amount of outlays shall be increased by $550,000,000, to provide clean water and open spaces for future generations.
(C)In paragraph (6) (relating to Agriculture (350)), the amount of new budget authority shall be increased by $380,000,000 and the amount of outlays shall be increased by $330,000,000, to inspect and secure our Nation’s food supply and to improve economic opportunities, infrastructure, and the quality of life for rural Americans.
(D)In paragraph (10) (relating to Education, Training, Employment, and Social Services (500)), the amount of new budget authority shall be increased by $6,075,000,000 and the amount of outlays shall be increased by $2,430,000,000, to create opportunities for our children and young adults, and to address the needs of low-income communities and assist the long-term unemployed.
(E)In paragraph (11) (relating to Health (550)), the amount of new budget authority shall each be increased by $1,370,000,000 and the amount of outlays shall be increased by $530,000,000, to provide health care for children and others in need, control infectious diseases, foster medical research, and alleviate shortages of nurses and other health professionals.
(F)In paragraph (13) (relating to Income Security (600)), the amounts of new budget authority shall each be increased by $250,000,000 and the amount of outlays shall be increased by $170,000,000, to help States provide energy assistance to poor and alleviate the impact of refugees on State and local communities.
(G)In paragraph (15) (relating to Veterans Benefits and Services (700)), the amounts of new budget authority shall each be increased by $1,300,000,000 (for a total of $2,500,000,000 above the President’s request) and the amount of outlays shall be increased by $1,210,000,000, to maintain quality health care for veterans.
(H)To improve our hometown response capabilities, strengthen our borders and meet our security mandates, amounts of new budget authority and outlays for fiscal year 2005 shall be further modified as follows:
(i)In paragraph (9) (relating to community and regional development (450)), increase new budget authority by $1,200,000,000 and outlays by $240,000,000.
(ii)In paragraph (16) (relating to Administration of Justice (750)), increase new budget authority by $950,000,000 and outlays by $830,000,000.
(iii)In paragraph (8) (relating to Transportation (400)), increase new budget authority by $550,000,000 and outlays by $460,000,000.
(iv)In paragraph (11) (relating to Health (550)), increase new budget authority by $300,000,000 and outlays by $120,000,000.
(3)On page 113 of House Report 108–498, the section 302(a) allocation made to the Committee on Appropriations shall be adjusted by modifying amounts in the table titled Allocation of Spending Authority to House Committees for Budget Year 2005–Committees on Appropriations as follows:
(A)By increasing the amount for Discretionary Action: General Purpose: BA and the amount for Total Discretionary Action BA: by $14,200,000,000.
(B)By increasing the amount for Discretionary Action: General Purpose: OT and the amount for After Section 313 Adjustments of Discretionary OT: shall each be increased by $7,610,000,000.
(4)In section 211 (relating to reconciliation in the House of Representatives), by inserting at the end the following new subsection:

(c)Reduction in Tax Cuts for Taxpayers With Incomes Above $1,000,000The Committee on Ways and Means shall also include in the reconciliation bill reported pursuant to subsection (a) changes in tax laws sufficient to increase revenues by $18,900,000,000, to be achieved by reducing or offsetting the tax reductions received during tax year 2005 by taxpayers with adjusted gross income above $1,000,000 for taxpayers filing joint returns and comparable amounts for taxpayers with other filing statuses as a result of the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth and Tax Relief Reconciliation Act of 2003..


113 HR 4227 IH: Fair Employment Protection Act of 2014
U.S. House of Representatives
2014-03-13
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. 4227
		IN THE HOUSE OF REPRESENTATIVES

			March 13, 2014
			Mr. George Miller of California (for himself, Ms. DeLauro, Mr. Nadler, Mr. McGovern, Ms. Norton, Mr. Tierney, Mr. Langevin, Mr. Swalwell of California, Mr. Honda, Mr. Enyart, Ms. Lee of California, Ms. Slaughter, Ms. Jackson Lee, Mr. Grayson, Ms. Moore, Mr. Pocan, Mr. Sablan, Mr. Takano, Ms. Clark of Massachusetts, Ms. Fudge, Mr. Grijalva, Ms. McCollum, Mr. Blumenauer, Mr. Holt, and Ms. Schakowsky) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on House Administration, the Judiciary, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To amend title VII of the Civil Rights Act of 1964 and other statutes to clarify appropriate
			 liability standards for Federal antidiscrimination claims.

		1.Short titleThis Act may be cited as the Fair Employment Protection Act of 2014.
		2.Findings and purposes
			(a)FindingsCongress finds the following:
				(1)Harassment is a widespread problem in workplaces in the United States. Surveys indicate that at
			 least one-fourth of all working women and 10 percent of men have
			 experienced sexual harassment on the job.
				(2)In fiscal year 2013, a combined total of over 30,000 harassment charges were filed with the Equal
			 Employment Opportunity Commission and State fair employment practices
			 agencies. More than 10,000 of these charges involved sexual harassment.
				(3)Women and people of color working in low-wage jobs are particularly vulnerable to harassment in the
			 workplace.
				(4)In some industries harassment is even more widespread. For example, 80 percent of female
			 farm-workers working in the fields in central California reported that
			 they had experienced sexual harassment.
				(5)Studies indicate that sexual harassment of women, including unwanted touching, grabbing, and
			 stalking, is also common in male-dominated industries, such as
			 construction, public safety, manufacturing, farming, and the high-tech
			 industry. Harassment in male-dominated industries operates as a barrier to
			 women’s entry into higher-paying jobs.
				(6)Racial harassment remains a pervasive problem in the workplace in the United States. In fiscal year
			 2013, more than 11,000 of the charges of harassment filed with the Equal
			 Employment Opportunity Commission and State fair employment practices
			 agencies were charges of racial harassment.
				(7)Research shows that workers in a wide spectrum of occupations, ranging from service and support
			 positions to management and professional positions, report experiencing
			 race-based harassment while on the job.
				(8)Harassment in the workplace is a persistent barrier to opportunity for people with disabilities.
			 Harassment can result in workers with disabilities being forced off the
			 job. Workplace harassment is used to send the message that workers with
			 disabilities do not belong at work.
				(9)Age discrimination continues to be a barrier to employment for older workers. Over one-third of
			 older workers report that they or someone they know experienced age
			 discrimination in the workplace.
				(10)Three quarters of older Americans surveyed are concerned that age may be an obstacle to finding
			 work.
				(11)The Supreme Court’s decision in Vance v. Ball State University, No. 11–556, (June 24, 2013)
			 significantly undermines protections against discrimination that the
			 Supreme Court established in Faragher v. Boca Raton, 524 U.S. 775 (1998)
			 and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), which
			 held that an employer may be vicariously liable under title VII of the
			 Civil Rights Act of 1964 for harassment of an employee by an individual
			 that has supervisory authority over that employee.
				(12)In Faragher and Ellerth, the Supreme Court held that employers will be subject to a strict
			 liability standard when employees with supervisory authority engage in
			 harassment that results in tangible employment actions. However, in situations where supervisors engage in harassment that does not result in tangible employment actions, the Court explained, an
			 employer can avoid vicarious liability by showing that—
					(A)the employer exercised reasonable care to prevent and correct any harassing behavior; and
					(B)the plaintiff unreasonably failed to take advantage of the preventive or corrective opportunities
			 that the employer provided.
					(13)Whether an employer should be vicariously liable for harassment is a functional analysis that is
			 based not on the title of the harasser or the employer’s job description
			 for the harasser’s position but on the authority vested in that individual
			 by the employer.
				(14)The Supreme Court holding in Vance limits the category of individuals who are considered
			 supervisors and for which an employer may be held vicariously liable under
			 Faragher and Ellerth to those individuals that have authority to take
			 tangible employment actions. This holding ignores the reality that
			 employees with the authority to control their subordinates’ daily work
			 should be included in that category, for which an employer may be held
			 vicariously liable, because such individuals are aided by that authority
			 in perpetuating a discriminatory work environment.
				(15)Individuals who direct the daily work activities of employees but do not have the authority to take
			 tangible employment actions against those employees are common in the
			 workplace in the United States, particularly in industries that employ
			 low-wage workers. Workers in industries including retail, restaurant,
			 health care, housekeeping, and personal care, which may pay low wages and
			 employ a large numbers of female workers, are particularly vulnerable to
			 harassment by individuals who have the power to direct day-to-day work
			 activities but lack the power to take tangible employment actions.
				(b)PurposeThe purpose of this Act is to clarify that an employer’s vicarious liability for harassment under
			 title VII of the Civil Rights Act of 1964, the Age Discrimination in
			 Employment Act of 1967, the Americans with Disabilities Act of 1990, the
			 Rehabilitation Act of 1973, section 1977 of the Revised Statutes, the
			 Genetic Information Nondiscrimination Act of 2008, the Government Employee
			 Rights Act of 1991, the Congressional Accountability Act of 1995, and
			 title III of the United States Code extends to—
				(1)an individual with the authority to undertake or recommend tangible employment actions affecting
			 the victim of the harassment; or
				(2)an individual with the authority to direct the victim’s daily work activities.
				3.Amendment to title VII of the Civil Rights Act of 1964
			(a)Standard for employer liability for hostile work environmentSection 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2) is amended by adding at the end the
			 following:

					(o)Subject to section 12 of the Fair Employment Protection Act of 2014, an employer shall be liable for the acts of any individual whose harassment of an employee has
			 created or continued a hostile work environment that constitutes an
			 unlawful employment practice under this section if, at the time of the
			 harassment—
						(1)such individual was authorized by that employer—
							(A)to undertake or recommend tangible employment actions affecting the employee; or
							(B)to direct the employee’s daily work activities; or
							(2)the negligence of the employer led to the creation or continuation of that hostile work
			 environment..
			(b)Standard for employer liability for retaliatory hostile work environmentSection 704 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–3) is amended—
				(1)by redesignating subsection (b) as subsection (c); and
				(2)by inserting after subsection (a) the following:

						(b)Subject to section 12 of the Fair Employment Protection Act of 2014, an employer shall be liable for the acts of any individual whose harassment of an employee has
			 created or continued a retaliatory hostile work environment that
			 constitutes an unlawful employment practice as described under subsection
			 (a) if, at the time of the harassment—
							(1)such individual was authorized by that employer—
								(A)to undertake or recommend tangible employment actions affecting the employee; or
								(B)to direct the employee’s daily work activities; or
								(2)the negligence of the employer led to the creation or continuation of that retaliatory hostile work
			 environment..
				(c)Federal employeesSection 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) is amended by adding at the end
			 the following:

					(g)The provisions of sections 703(o) and 704(b) shall apply to hostile work environment claims and
			 retaliatory hostile work environment claims, respectively, under this
			 section..
			4.Amendment to the Age Discrimination in Employment Act
			(a)Standard for employer liability for hostile work environmentSection 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is amended by adding
			 at the end the following:

					(n)Subject to section 12 of the Fair Employment Protection Act of 2014, an employer shall be liable for the acts of any individual whose harassment of an employee has
			 created or continued a hostile work environment that is unlawful under
			 this section if, at the time of the harassment—
						(1)such individual was authorized by that employer—
							(A)to undertake or recommend tangible employment actions affecting the employee; or
							(B)to direct the employee’s daily work activities; or
							(2)the negligence of the employer led to the creation or continuation of that hostile work
			 environment..
			(b)Standard for employer liability for retaliatory hostile work environmentSection 4(d) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is amended by
			 striking or litigation under this Act. and inserting
				or litigation under this Act. Subject to section 12 of the Fair Employment Protection Act of 2014, an employer shall be liable for the acts of any individual whose harassment of an employee has
			 created or continued a retaliatory hostile work environment that is
			 unlawful under this subsection if, at the time of the harassment—(1)such individual was authorized by that employer—
						(A)to undertake or recommend tangible employment actions affecting the employee; or
						(B)to direct the employee’s daily work activities; or
						(2)the negligence of the employer led to the creation or continuation of that retaliatory hostile work
			 environment..
			(c)Federal employeesSection 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a) is amended by
			 adding at the end the following:

					(h)Subsections (d) and (n) of section 4 shall apply to retaliatory hostile work environment claims and
			 hostile work environment claims, respectively, under this section..
			5.Amendment to the Americans With Disabilities Act
			(a)Standard for employer liability for hostile work environmentSection 102 of the Americans with Disabilities Act (42 U.S.C. 12112) is amended by adding at the
			 end the following:

					(e)Subject to section 12 of the Fair Employment Protection Act of 2014, an employer shall be liable for the acts of any individual whose harassment of an employee has
			 created or continued a hostile work environment that constitutes
			 discrimination against a qualified individual on the basis of disability
			 under this section if, at the time of the harassment—
						(1)such individual was authorized by the employer—
							(A)to undertake or recommend tangible employment actions affecting the qualified individual; or
							(B)to direct the qualified individual's daily work activities; or
							(2)the negligence of the employer led to the creation or continuation of that hostile work
			 environment..
			(b)Standard for employer liability for retaliatory hostile work environmentSection 503 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12203) is amended—
				(1)by redesignating subsection (c) as subsection (d);
				(2)by inserting after subsection (b) the following:

						(c)Subject to section 12 of the Fair Employment Protection Act of 2014, an employer shall be liable for the acts of any individual whose harassment of an employee has
			 created or continued a retaliatory hostile work environment that
			 constitutes retaliatory discrimination, as described in subsection (a), or
			 the carrying out of any unlawful acts described in subsection (b), if, at
			 the time of the harassment—
							(1)such individual was authorized by the employer—
								(A)to undertake or recommend tangible employment actions affecting the employee; or
								(B)to direct the employee's daily work activities; or
								(2)the negligence of the employer led to the creation or continuation of that retaliatory hostile work
			 environment.; and
				(3)in subsection (d), as redesignated by paragraph (1), by striking subsections (a) and (b) and inserting subsections (a), (b), and (c).
				6.Amendment to the Rehabilitation Act
			(a)Standard for employer liability for hostile work environment and Retaliatory Hostile Work
			 EnvironmentSection 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) is amended by adding at the end the
			 following:

					(h)Subject to section 12 of the Fair Employment Protection Act of 2014, each department, agency, and instrumentality in the executive branch of Government and the
			 Smithsonian Institution shall be liable for the acts of any individual
			 within such department, agency, instrumentality, or the Smithsonian
			 Institution whose harassment of an individual with a disability has
			 created or continued a hostile work environment, or a retaliatory hostile
			 work environment, that constitutes nonaffirmative action employment
			 discrimination under this section if, at the time of the harassment—
						(1)such individual was authorized by that department, agency, instrumentality, or the Smithsonian
			 Institution—
							(A)to undertake or recommend tangible employment actions affecting the individual with a disability;
			 or
							(B)to direct the daily work activities of the individual with a disability; or
							(2)the negligence of that department, agency, instrumentality, or the Smithsonian Institution led to
			 the creation or continuation of that hostile work environment or
			 retaliatory hostile work environment..
			(b)Standard for employer liability for hostile work environment and retaliatory hostile work
			 environmentSection 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) is amended by adding at the end the
			 following:

					(e)Subject to section 12 of the Fair Employment Protection Act of 2014, an employer described under subsection (b) shall be liable for the acts of any individual whose
			 harassment of a qualified individual with a disability has created or
			 continued a hostile work environment, or a retaliatory hostile work
			 environment, that constitutes employment discrimination under this section
			 if, at the time of the harassment—
						(1)such individual was authorized by such employer—
							(A)to undertake or recommend tangible employment actions affecting the qualified individual with a
			 disability; or
							(B)to direct the daily work activities of the qualified individual with a disability; or
							(2)the negligence of such employer led to the creation or continuation of that hostile work
			 environment or retaliatory hostile work environment..
			(c)RemediesSection 505 of the Rehabilitation Act (29 U.S.C. 794a) is amended by adding at the end of
			 subsection (a) the following:

					(3)Sections 501(h) and 504(e) shall apply to hostile work environment claims and retaliatory hostile
			 work environment claims under this section..
			7.Amendment to section 1977 of the Revised StatutesSection 1977 of the Revised Statutes (42 U.S.C. 1981) is amended by adding at the end the
			 following:

				(d)Subject to section 12 of the Fair Employment Protection Act of 2014, a nongovernmental employer shall be liable for the acts of any individual whose harassment of an
			 employee has created a hostile work environment or a retaliatory hostile
			 work environment, constituting an unlawful employment practice, if, at the
			 time of the harassment—
					(1)such individual was authorized by the employer—
						(A)to undertake or recommend tangible employment actions affecting the employee; or
						(B)to direct the employee’s daily work activities; or
						(2)the negligence of the employer led to the creation or continuation of that hostile work environment
			 or retaliatory hostile work environment..
		8.Amendment to the Genetic Information Nondiscrimination Act of 2008
			(a)Standard for employer liability for hostile work environmentSection 202 of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff–1) is
			 amended by adding at the end the following:

					(d)Subject to section 12 of the Fair Employment Protection Act of 2014, an employer shall be liable for the acts of any individual whose harassment of an employee has
			 created or continued a hostile work environment that constitutes an
			 unlawful employment practice under this section if, at the time of the
			 harassment—
						(1)such individual was authorized by the employer—
							(A)to undertake or recommend tangible employment actions affecting the employee; or
							(B)to direct the employee’s daily work activities; or
							(2)the negligence of the employer led to the creation or continuation of that hostile work
			 environment..
			(b)Standard for employer liability for retaliatory hostile work environmentSection 207(f) of the Genetic Information Nondiscrimination Act (42 U.S.C. 2000ff–6(f)) is amended
			 by striking violations of this subsection. and inserting
				violations of this subsection. Subject to section 12 of the Fair Employment Protection Act of 2014, an employer shall be liable for the acts of any individual whose harassment of an employee has
			 created or continued a retaliatory hostile work environment that
			 constitutes discrimination under this subsection if, at the time of the
			 harassment—(1)such individual was authorized by the employer—
						(A)to undertake or recommend tangible employment actions affecting the employee; or
						(B)to direct the employee’s daily work activities; or
						(2)the negligence of the employer led to the creation or continuation of that retaliatory hostile work
			 environment..
			9.Amendment to the Government Employee Rights Act of 1991
		Section 302 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b) is amended by
			 adding at the end the following:
				(c)Subject to section 12 of the Fair Employment Protection Act of 2014, an employer of an individual described under section 304(a) shall be liable for the acts of any
			 individual whose harassment of a State employee described in section 304
			 has created or continued a hostile work environment or a retaliatory
			 hostile work environment constituting discrimination under this section,
			 if at the time of the harassment—
					(1)such individual was authorized by such employer—
						(A)to undertake or recommend tangible employment actions affecting the employee; or
						(B)to direct the employee’s daily work activities; or
						(2)the negligence of the employer led to the creation or continuation of that hostile work environment
			 or retaliatory hostile work environment..
		10.Amendment to title 3 of the United States CodeSection 411 of title 3, United States Code, is amended—
			(1)by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and
			(2)by inserting after subsection (b) the following:

					(c)Liability of employing officeSubject to section 12 of the Fair Employment Protection Act of 2014, an employing office shall be liable for the acts of any individual whose harassment of a covered
			 employee has created or continued a hostile work environment or a
			 retaliatory hostile work environment constituting discrimination under
			 this section if, at the time of the harassment—
						(1)such individual was authorized by the employing office—
							(A)to undertake or recommend tangible employment actions affecting the covered employee; or
							(B)to direct the covered employee’s daily work activities; or
							(2)the negligence of the employing office led to the creation or continuation of that hostile work
			 environment or retaliatory hostile work environment.; and
			(3)in subsection (f), as redesignated by paragraph (2), by striking “subsections (a) through (c)” and
			 inserting “subsections (a) through (d).”.
			11.Amendment to the Congressional Accountability Act of 1995
		Section 201 of the Congressional Accountability Act of 1995 (2 U.S.C. 1311) is amended—(1)by redesignating subsection (d) as subsection (e); and
			(2)by inserting after subsection (c) the following:

					(d)Subject to section 12 of the Fair Employment Protection Act of 2014, an employing office shall be liable for the acts of any individual whose harassment of a covered
			 employee has created or continued a hostile work environment or a
			 retaliatory hostile work environment that constitutes discrimination under
			 this section if, at the time of the harassment—
						(1)such individual was authorized by the employing office—
							(A)to undertake or recommend tangible employment actions affecting the covered employee; or
							(B)to direct the covered employee’s daily work activities; or
							(2)the negligence of the employing office led to the creation or continuation of that hostile work
			 environment or retaliatory hostile work environment..
			12.Rule of constructionNothing in this Act shall be construed to limit the availability of, or access to, defenses
			 available under the law.
		13.Savings clauseIf any provision of this Act is declared invalid, the other provisions in this Act will remain in
			 full force and effect.
		14.ApplicationThis Act, and the amendments made by this Act, shall apply to all claims pending on or after the
			 date of enactment of this Act.


114 S411 IS: Natural Gas Gathering Enhancement Act
U.S. Senate
2015-02-09
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
		114th CONGRESS
		1st Session
		S. 411
		IN THE SENATE OF THE UNITED STATES

			February 9, 2015
			Mr. Barrasso (for himself, Ms. Heitkamp, Mr. Enzi, and Mr. Hoeven) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

		A BILL
		To authorize the approval of natural gas pipelines and establish deadlines and expedite permits for
			 certain natural gas gathering lines on Federal land and Indian land.

			1.
			Short title
 This Act may be cited as the Natural Gas Gathering Enhancement Act.  2. Findings Congress finds that—

				(1)
 record volumes of natural gas production in the United States as of the date of enactment of this Act are providing enormous benefits to the United States, including by—

					(A)
 reducing the need for imports of natural gas, thereby directly reducing the trade deficit;  (B) strengthening trade ties among the United States, Canada, and Mexico;

					(C)
 providing the opportunity for the United States to join the emerging global gas trade through the export of liquefied natural gas;

					(D)
 creating and supporting millions of new jobs across the United States;  (E) adding billions of dollars to the gross domestic product of the United States every year;

					(F)
 generating additional Federal, State, and local government tax revenues; and  (G) revitalizing the manufacturing sector by—
 (i)significantly increasing commercial demand for steel; and (ii)providing abundant and affordable feedstock;

				(2)
 natural gas is lost due to venting and flaring, primarily in areas where natural gas infrastructure has not been developed quickly enough, such as States with large quantities of Federal land and Indian land;

				(3)
 permitting processes can hinder the development of natural gas infrastructure, such as pipeline lines and gathering lines on Federal land and Indian land; and

				(4)
 additional authority for the Secretary of the Interior to approve natural gas pipelines and gathering lines on Federal land and Indian land would—

					(A)
 assist in bringing gas to market that would otherwise be vented or flared; and  (B) significantly increase royalties collected by the Secretary of the Interior and disbursed to Federal, State, and tribal governments and individual Indians.

			3.
 Authority to approve natural gas pipelinesSection 100902 of title 54, United States Code, is amended— (1)in subsection (a)(1)—
 (A)in the matter preceding subparagraph (A), by striking Under regulations and inserting Notwithstanding section 28 of the Mineral Leasing Act (30 U.S.C. 185), under regulations; (B)in subparagraph (B), by striking and at the end;
 (C)in subparagraph (C), by striking the period at the end and inserting ; and; and (D)by adding at the end the following:

 (D)natural gas pipelines.; and (2)in subsection (b)—
 (A)in paragraph (1)— (i)in subparagraph (B), by striking and at the end;
 (ii)in subparagraph (C), by striking the period at the end and inserting ; and; and (iii)by adding at the end the following:

 (D)natural gas pipelines.; (B)in paragraph (2), in the matter preceding subparagraph (A), by striking A right of way under and inserting Except as provided in paragraph (5), a right-of-way granted under; and
 (C)by adding at the end the following:  (5)Right-of-way for natural gas pipelinesNotwithstanding paragraph (2), a right-of-way granted under paragraph (1)(D) shall—
 (A)be for a term of not more than 30 years; and (B)not exceed 50 feet in width after construction of the natural gas pipeline..

			4.
			Certain natural gas gathering lines located on Federal land and Indian land

				(a)
				In general
 Subtitle B of title III of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 685) is amended by adding at the end the following:

						319.
						Certain natural gas gathering lines located on Federal land and Indian land

							(a)
							Definitions
 In this section:  (1) Gas gathering line and associated field compression unit  (A) In general The term gas gathering line and associated field compression unit means—

										(i)
 a pipeline that is installed to transport natural gas production associated with 1 or more wells drilled and completed to produce oil or gas; and

										(ii)
 if necessary, a compressor to raise the pressure of that transported natural gas to higher pressures suitable to enable the gas to flow into pipelines and other facilities.

									(B)
									Exclusions
 The term gas gathering line and associated field compression unit does not include a pipeline or compression unit that is installed to transport natural gas from a processing plant to a common carrier pipeline or facility.

								(2)
								Federal land

									(A)
									In general
 The term Federal land means land the title to which is held by the United States.  (B) Exclusions The term Federal land does not include—

										(i)
 a unit of the National Park System;  (ii) a unit of the National Wildlife Refuge System;

										(iii)
 a component of the National Wilderness Preservation System; or
 (iv)Indian land.  (3) Indian land The term Indian land means land the title to which is held by—

									(A)
 the United States in trust for an Indian tribe or an individual Indian; or  (B) an Indian tribe or an individual Indian subject to a restriction by the United States against alienation.

							(b)
							Certain natural gas gathering lines

								(1)
								In general
 Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gas gathering line and associated field compression unit that is located on Federal land or Indian land and that services any oil or gas well shall be considered to be an action that is categorically excluded (as defined in section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the gas gathering line and associated field compression unit are—

									(A)
 within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed transportation of natural gas produced from 1 or more oil or gas wells in that field or unit as a reasonably foreseeable activity; and

									(B)
 located adjacent to or within— (i)any existing disturbed area; or
 (ii)an existing corridor for a right-of-way. (2)ApplicabilityParagraph (1) shall apply to Indian land, or a portion of Indian land, for which the Indian tribe with jurisdiction over the Indian land submits to the Secretary of the Interior a written request that paragraph (1) apply to that Indian land (or portion of Indian land).
 (c)Effect on other lawNothing in this section affects or alters any requirement— (1)relating to prior consent under—
 (A)section 2 of the Act of February 5, 1948 (25 U.S.C. 324); or (B)section 16(e) of the Act of June 18, 1934 (25 U.S.C. 476(e)) (commonly known as the Indian Reorganization Act);
 (2)under section 106 of the National Historic Preservation Act (16 U.S.C. 470f); or (3)under any other Federal law (including regulations) relating to tribal consent for rights-of-way across Indian land..

				(b)
				Assessments
 Title XVIII of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 1122) is amended by adding at the end the following:

						1841.
						Natural gas gathering system assessments

							(a)
							Definition of gas gathering line and associated field compression unit
 In this section, the term gas gathering line and associated field compression unit has the meaning given the term in section 319.  (b) Study Not later than 1 year after the date of enactment of the Natural Gas Gathering Enhancement Act, the Secretary of the Interior, in consultation with other appropriate Federal agencies, States, and Indian tribes, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a study identifying—

								(1)
 any actions that may be taken, under Federal law (including regulations), to expedite permitting for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with oil and gas production on any land to a processing plant or a common carrier pipeline for delivery to markets; and

								(2)
 any proposed changes to Federal law (including regulations) to expedite permitting for gas gathering lines and associated field compression units that are located on Federal land, for the purpose of transporting natural gas associated with oil and gas production on any land to a processing plant or a common carrier pipeline for delivery to markets.

							(c)
							Report
 Not later than 1 year after the date of enactment of the Natural Gas Gathering Enhancement Act, and every 1 year thereafter, the Secretary of the Interior, in consultation with other appropriate Federal agencies, States, and Indian tribes, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—

								(1)
 the progress made in expediting permits for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with oil and gas production on any land to a processing plant or a common carrier pipeline for delivery to markets; and

								(2)
 any issues impeding that progress. .  (c) Technical amendments  (1) Section 1(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594) is amended by adding at the end of subtitle B of title III the following:

							Sec. 319.  Natural gas gathering lines located on Federal land and Indian land.

						.

					(2)
 Section (1)(b) of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594) is amended by adding at the end of title XXVIII the following:

							Sec. 1841.  Natural gas gathering system assessments.

						.
 5.Deadlines for permitting natural gas gathering lines under the Mineral Leasing ActSection 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended by adding at the end the following:

 (z)Natural gas gathering linesThe Secretary of the Interior or other appropriate agency head shall issue a sundry notice or right-of-way for a gas gathering line and associated field compression unit (as defined in section 319(a) of the Energy Policy Act of 2005) that is located on Federal land not later than 90 days after the date on which the applicable agency head receives the request for issuance unless the Secretary or agency head finds that the sundry notice or right-of-way would violate the National Historic Preservation Act (16 U.S.C. 470 et seq.) or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)..


IB
Union Calendar No. 8
111th CONGRESS 1st Session
H. R. 157
[Report No. 111–22]
IN THE HOUSE OF REPRESENTATIVES

January 6, 2009
Ms. Norton introduced the following bill; which was referred to the Committee on the Judiciary

March 2, 2009
Additional sponsors: Mr. Connolly of Virginia, Ms. Pingree of Maine, and Mr. Gutierrez

March 2, 2009
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic
For text of introduced bill, see copy of bill as introduced on January 6, 2009

A BILL
To provide for the treatment of the District of Columbia as a Congressional district for purposes of representation in the House of Representatives, and for other purposes.

1.Short TitleThis Act may be cited as the District of Columbia House Voting Rights Act of 2009.
2.Treatment of District of Columbia as Congressional district
(a)In generalNotwithstanding any other provision of law, the District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives in the One Hundred Twelfth Congress and each succeeding Congress.
(b)Conforming Amendments Relating to Apportionment of Members of House of Representatives
(1)Inclusion of single District of Columbia member in reapportionment of members among StatesSection 22 of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 18, 1929 (2 U.S.C. 2a), is amended by adding at the end the following new subsection:

(d)This section shall apply with respect to the District of Columbia in the same manner as this section applies to a State. .
(2)Clarification of determination of number of Presidential electors on basis of 23rd AmendmentSection 3 of title 3, United States Code, is amended by striking come into office; and inserting the following: come into office (subject to the twenty-third article of amendment to the Constitution of the United States in the case of the District of Columbia);.
3.Increase in Membership of House of Representatives
(a)Permanent Increase in Number of MembersEffective with respect to the One Hundred Twelfth Congress and each succeeding Congress, the House of Representatives shall be composed of 437 Members, including any Members representing the District of Columbia pursuant to section 2(a).
(b)Reapportionment of Members Resulting From Increase
(1)In generalSection 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 18, 1929 (2 U.S.C. 2a(a)), is amended by striking the then existing number of Representatives and inserting the number of Representatives established with respect to the One Hundred Twelfth Congress.
(2)Effective dateThe amendment made by paragraph (1) shall apply with respect to the regular decennial census conducted for 2010 and each subsequent regular decennial census.
(c)Special Rules for Period Prior to 2012 Reapportionment
(1)Transmittal of revised statement of apportionment by PresidentNot later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress the most recent statement of apportionment submitted under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress, approved June 18, 1929 (2 U.S.C. 2a(a)), revised to take into account this Act and the amendments made by this Act.
(2)Report by clerkNot later than 15 calendar days after receiving the revised version of the statement of apportionment under paragraph (1), the Clerk of the House of Representatives, in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)), shall send to the executive of each State a certificate of the number of Representatives to which such State is entitled under section 22 of such Act, and shall submit a report to the Speaker of the House of Representatives identifying the State (other than the District of Columbia) which is entitled to one additional Representative pursuant to this section.
(3)Requirements for election of additional memberDuring the One Hundred Twelfth Congress—
(A)notwithstanding the final undesignated paragraph of the Act entitled An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting, approved December 14, 1967 (2 U.S.C. 2c), the additional Representative to which the State identified by the Clerk of the House of Representatives in the report submitted under paragraph (2) is entitled shall be elected from the State at large; and
(B)the other Representatives to which such State is entitled shall be elected on the basis of the Congressional districts in effect in the State for the One Hundred Eleventh Congress.
4.Nonseverability of provisionsIf any provision of this Act, or any amendment made by this Act, is declared or held invalid or unenforceable, the remaining provisions of this Act and any amendment made by this Act shall be treated and deemed invalid and shall have no force or effect of law.
5.Expedited Judicial ReviewIf any action is brought to challenge the constitutionality of any provision of this Act or any amendment made by this Act, the following rules shall apply:
(1)The action shall be filed in the United States District Court for the District of Columbia and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code.
(2)A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate.
(3)A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision.
(4)It shall be the duty of the United States District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.

March 2, 2009
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed


113 S396 IS: Sewage Overflow Community Right-to-Know Act
U.S. Senate
2013-02-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 396
		IN THE SENATE OF THE UNITED STATES

			February 27, 2013
			Mr. Lautenberg (for
			 himself and Mr. Whitehouse) introduced
			 the following bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To amend the Federal Water Pollution Control Act to
		  ensure that sewage treatment plants monitor for and report discharges of raw
		  sewage, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Sewage Overflow Community
			 Right-to-Know Act.
		2.DefinitionsSection 502 of the Federal Water Pollution
			 Control Act (33 U.S.C. 1362) is amended by adding at the end the
			 following:

				(26)Treatment
				worksThe term treatment works has the meaning given
				the term in section
				212.
				.
		3.Monitoring,
			 reporting, and public notification of sewer overflowsSection 402 of the Federal Water Pollution
			 Control Act (33 U.S.C. 1342) is amended by adding at the end the
			 following:

				(s)Sewer overflow
				monitoring, reporting, and notifications
					(1)DefinitionsIn
				this subsection:
						(A)Sanitary sewer
				overflow
							(i)In
				generalThe term sanitary sewer overflow means an
				overflow, spill, release, or diversion of wastewater from a sanitary sewer
				system.
							(ii)InclusionsThe
				term sanitary sewer overflow includes—
								(I)overflows or
				releases of wastewater that reach waters of the United States;
								(II)overflows or
				releases of wastewater in the United States that do not reach waters of the
				United States; and
								(III)wastewater
				backups into buildings that are caused by blockages or flow conditions in a
				sanitary sewer other than a building lateral.
								(iii)ExclusionsThe
				term sanitary sewer overflow does not include—
								(I)municipal
				combined sewer overflows or other discharges from the combined portion of a
				municipal combined storm and sanitary sewer system; or
								(II)wastewater
				backups into buildings caused by a blockage or other malfunction of a building
				lateral that is privately owned.
								(B)Sewer
				overflowThe term sewer overflow means a sanitary
				sewer overflow or a municipal combined sewer overflow.
						(C)Single-family
				residence
							(i)In
				generalThe term single-family residence means an
				individual dwelling unit.
							(ii)InclusionsThe
				term single-family residence includes—
								(I)an
				apartment;
								(II)a
				condominium;
								(III)a house;
				and
								(IV)a
				dormitory.
								(iii)ExclusionsThe
				term single-family residence does not include the common areas of
				a multidwelling structure.
							(2)General
				requirementsAfter the last day of the 180-day period beginning
				on the date on which regulations are promulgated under paragraph (5), a permit
				issued, renewed, or modified under this section by the Administrator or the
				State, as applicable, for a publicly owned treatment works shall require, at a
				minimum, beginning on the date of the issuance, modification, or renewal, that
				the owner or operator of the treatment works—
						(A)institute and use
				a feasible methodology, technology, or management program for monitoring sewer
				overflows to alert the owner or operator to the occurrence of a sewer overflow
				in a timely manner;
						(B)in the case of a
				sewer overflow that has the potential to affect human health, notify the public
				of the overflow as soon as practicable but not later than 24 hours after the
				time the owner or operator knows of the overflow;
						(C)in the case of a
				sewer overflow that may imminently and substantially endanger human health,
				notify public health authorities and other affected entities, such as public
				water systems, of the overflow immediately after the owner or operator knows of
				the overflow;
						(D)report each sewer
				overflow on the discharge monitoring report of the owner or operator to the
				Administrator or the State, as applicable, by describing—
							(i)the magnitude,
				duration, and suspected cause of the overflow;
							(ii)the steps taken
				or planned to reduce, eliminate, or prevent recurrence of the overflow;
				and
							(iii)the steps taken
				or planned to mitigate the impact of the overflow; and
							(E)annually report
				to the Administrator or the State, as applicable, the total number of sewer
				overflows in a calendar year, including—
							(i)the details of
				how much wastewater was released per incident;
							(ii)the duration of
				each sewer overflow;
							(iii)the location of
				the overflow and any potentially affected receiving waters;
							(iv)the responses
				taken to clean up the overflow; and
							(v)the actions taken
				to mitigate impacts and avoid further sewer overflows at the site.
							(3)Exceptions
						(A)Notification
				requirementsThe notification requirements of subparagraphs (B)
				and (C) of paragraph (2) shall not apply to a sewer overflow that is a
				wastewater backup into a single-family residence.
						(B)Reporting
				requirementsThe reporting requirements of subparagraphs (D) and
				(E) of paragraph (2) shall not apply to a sewer overflow that is a release of
				wastewater that—
							(i)occurs in the
				course of maintenance of the treatment works;
							(ii)is managed
				consistently with the best management practices of the treatment works;
				and
							(iii)is intended to
				prevent sewer overflows.
							(4)Report to
				EPAEach State shall provide to the Administrator annually a
				summary of sewer overflows that occur in the State.
					(5)Rulemaking by
				EPANot later than 1 year after the date of enactment of this
				subsection, the Administrator, after providing notice and an opportunity for
				public comment, shall promulgate regulations to implement this subsection,
				including regulations—
						(A)to establish a
				set of criteria to guide the owner or operator of a publicly owned treatment
				works in—
							(i)assessing whether
				a sewer overflow may imminently and substantially endanger human health;
				and
							(ii)developing
				communication measures that are sufficient to give notice under subparagraphs
				(B) and (C) of paragraph (2); and
							(B)to define the
				terms feasible and timely as those terms apply to
				paragraph (2)(A), including site specific conditions.
						(6)Approval of
				State notification programs
						(A)Requests for
				approval
							(i)In
				generalAfter the date on which regulations are promulgated under
				paragraph (5), a State may submit to the Administrator evidence that the State
				has in place a legally enforceable notification program that is substantially
				equivalent to the requirements of subparagraphs (B) and (C) of paragraph
				(2).
							(ii)Program review
				and authorizationIf the evidence submitted by a State under
				clause (i) shows the notification program of the State to be substantially
				equivalent to the requirements of subparagraphs (B) and (C) of paragraph (2),
				the Administrator shall authorize the State to carry out that program instead
				of those requirements.
							(iii)Factors for
				determining substantial equivalencyIn carrying out a review of a
				State notification program under clause (ii), the Administrator shall take into
				account—
								(I)the scope of
				sewer overflows for which notification is required;
								(II)the length of
				time during which notification must be made;
								(III)the number of
				persons that must be notified of sewer overflows;
								(IV)the scope of
				enforcement activities ensuring that notifications of sewer overflows are made;
				and
								(V)such other
				factors as the Administrator considers to be appropriate.
								(B)Review
				periodIf a State submits evidence with respect to a notification
				program under subparagraph (A)(i) in the 30-day period beginning on the date of
				promulgation of regulations under paragraph (5), the requirements of
				subparagraphs (B) and (C) of paragraph (2) shall not apply to a publicly owned
				treatment works located in the State until the date on which the Administrator
				completes a review of the notification program under subparagraph
				(A)(ii).
						(C)Withdrawal of
				authorizationIf the Administrator, after conducting a public
				hearing, determines that a State is not administering and enforcing a State
				notification program authorized under subparagraph (A)(ii) in accordance with
				the requirements of this paragraph, the Administrator shall so notify the State
				and, if appropriate corrective action is not taken within a reasonable time,
				not to exceed 90 days, the Administrator shall withdraw authorization of the
				program and enforce the requirements of subparagraphs (B) and (C) of paragraph
				(2) with respect to the State.
						(7)Special rules
				concerning application of notification requirementsBeginning on
				the day after the 30-day period that begins on the date of promulgation of
				regulations under paragraph (5), the requirements of subparagraphs (B) and (C)
				of paragraph (2) shall—
						(A)apply to the
				owner or operator of a publicly owned treatment works and be subject to
				enforcement under section 309; and
						(B)supersede any
				notification requirements contained in a permit issued under this section for
				the treatment works to the extent that the notification requirements are less
				stringent than the notification requirements of subparagraphs (B) and (C) of
				paragraph (2), until such date as a permit is issued, renewed, or modified
				under this section for the treatment works in accordance with paragraph
				(2).
						.
		4.Eligibility for
			 assistance
			(a)Purpose of
			 State revolving fundSection
			 601(a) of the Federal Water Pollution Control Act (33 U.S.C. 1381(a)) is
			 amended—
				(1)by striking
			 and the first place it appears; and
				(2)by inserting
			 after section 320 the following: , and (4) for the
			 implementation of requirements to monitor for sewer overflows under section
			 402.
				(b)Water pollution
			 control revolving loan fundsSection 603(c) of the Federal Water
			 Pollution Control Act (33 U.S.C. 1383(c)) is amended—
				(1)by striking
			 and the first place it appears; and
				(2)by inserting
			 after section 320 of this Act the following: , and (4)
			 for the implementation of requirements to monitor for sewer overflows under
			 section 402.
				5.Effect of
			 ActNothing in this Act or an
			 amendment made by this Act—
			(1)limits the ability of any State to
			 implement or enforce a more stringent monitoring or notification standard than
			 the applicable standard under the Federal Water Pollution Control Act (33
			 U.S.C. 1251 et seq.);
			(2)authorizes any sewer overflow; or
			(3)supplants or diminishes any obligation to
			 comply with any requirement of the Federal Water Pollution Control Act (33
			 U.S.C. 1251 et seq.) or any other Federal or State law.


116 HR 2604 IH: Make Marriage Great Again Act of 2019
U.S. House of Representatives
2019-05-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 2604IN THE HOUSE OF REPRESENTATIVESMay 8, 2019Mr. Steube introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to eliminate the marriage penalty in the income tax rate
			 brackets.

 1.Short titleThis Act may be cited as the Make Marriage Great Again Act of 2019. 2.Elimination of marriage penalty in income tax rate brackets (a)In generalSection 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

 (k)Elimination of marriage penaltyIn the case of any taxable year beginning after December 31, 2018— (1)in lieu of the table which would otherwise apply under subsection (a) or (j)(2)(A) for such taxable year, the table which applies under subsection (c) or (j)(2)(C), respectively, shall apply determined by substituting for each dollar amount contained therein a dollar amount which is twice such dollar amount (as otherwise in effect for such taxable year),
 (2)subsection (c) shall be applied without regard to the phrase who is not a married individual (as defined in section 7703), and (3)subsections (d) and (j)(2)(D) shall not apply..
 (b)Effective dateThe amendment made by this section shall apply to taxable years beginning after December 31, 2018.


115 HR 2007 IH: Kids Before Cons Act
U.S. House of Representatives
2017-04-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2007IN THE HOUSE OF REPRESENTATIVESApril 6, 2017Mr. Collins of New York (for himself and Mr. LaMalfa) introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo prohibit the awarding of Federal Pell Grants to incarcerated individuals, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Kids Before Cons Act. 2.Limitations on waivers for experimental sitesSection 487A(b)(3) (20 U.S.C. 1094a(b)(3)) is amended by adding at the end the following:

 (C)LimitationsNothing in subparagraph (B) or any other provision of this Act shall be construed to— (i)authorize the Secretary to waive the prohibition under section 401(b)(6) on awarding a Federal Pell Grant to an incarcerated individual or any other individual described in such section 401(b)(6);
 (ii)authorize the Secretary to waive the prohibition under section 484(b)(5) on awarding a loan under this title to an incarcerated individual; or
 (iii)authorize the Secretary to award funds to institutions of higher education for providing postsecondary education to incarcerated individuals..


116 S1522 IS: Broadband Data Improvement Act of 2019
U.S. Senate
2019-05-16
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.

II116th CONGRESS1st SessionS. 1522IN THE SENATE OF THE UNITED STATESMay 16, 2019Mrs. Capito (for herself, Mr. Schatz, Mr. Tester, and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo improve broadband data collection, mapping, and validation to support the effective deployment
			 of broadband services to all areas of the United States, and for other
 purposes.1.Short titleThis Act may be cited as the Broadband Data Improvement Act of 2019.2.DefinitionsIn this Act:(1)Broadband internet access serviceThe term broadband internet access service has the meaning given the term in section 8.1 of title 47, Code of Federal Regulations, or any successor regulation.(2)CommissionThe term Commission means the Federal Communications Commission.(3)Federal agencyThe term Federal agency means—(A)the Commission;(B)the Department of Agriculture;(C)the Department of Commerce;(D)the Department of the Interior;(E)the Federal Trade Commission;(F)the National Economic Council; and(G)the Office of Science and Technology Policy.(4)Form 477The term Form 477 means Form 477 of the Commission relating to local telephone competition and broadband reporting.(5)National broadband mapThe term National Broadband Map means the map developed and maintained by the Commission with respect to the availability of broadband internet access service.(6)Propagation modelThe term propagation model means an empirical mathematical formulation for the characterization of radio wave propagation as a function of frequency, distance, and other conditions.(7)ProviderThe term provider means a provider of broadband internet access service.(8)ShapefileThe term shapefile means a digital storage format containing geospatial or location-based data and attribute information—(A)regarding the availability of broadband internet access service; and(B)that can be viewed, edited, and mapped in geographic information system software.(9)Standard broadband installationThe term standard broadband installation—(A)means the initiation of new wireline broadband internet access service with no charges or delays attributable to the extension of the network of the provider; and(B)includes the initiation of service that requires only routine installation that can be completed not later than 10 business days after the date on which the service request is submitted.(10)StateThe term State has the meaning given the term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).3.New data submission and public feedback processes(a)In generalNot later than 180 days after the date of enactment of this Act, the Commission shall issue a rule to establish—(1)a reporting requirement under which each provider shall, not less frequently than biannually, submit to the Commission accurate and granular information regarding the geographic availability of broadband internet access service provided by the provider; and(2)a framework for an ongoing challenge process through which a provider or a member of the public may submit information challenging the accuracy of the information reflected on the National Broadband Map.(b)Reporting requirement conditionsThe reporting requirement established by the Commission under subsection (a)(1) shall—(1)require information regarding the service area of each provider to be—(A)submitted in shapefile format, or another geospatial format as the Commission may prescribe, to achieve the level of reporting specificity required under paragraph (2) of this subsection; and(B)before making each submission required under subsection (a)(1), certified—(i)as adhering to such reporting standards as the Commission may prescribe;(ii)on a form to be prescribed by the Commission; and(iii)by an officer of the provider;(2)allow for an understanding by the Commission and the general public of speeds and service delivery types of broadband internet access service that are available through—(A)a standard broadband installation for fixed wireline services; and(B)standardized and tested propagation models with respect to—(i)fixed wireless and satellite services; and(ii)mobile services, with defined factors for signal strength, cell edge probability, and cell loading;(3)define uniform mandatory standards for the reporting of broadband internet access service coverage for each delivery type with respect to broadband internet access service in order to—(A)ensure the accuracy and granularity of the data submitted; and(B)require each provider to employ consistent reporting methods across all States in which the provider provides service;(4)update or replace the Form 477 broadband deployment service availability data collection process of the Commission; and(5)eliminate all duplicative reporting requirements and procedures regarding the availability of broadband internet access service that are in existence as of the date on which the Commission establishes the requirement.(c)Challenge process conditionsThe framework for the challenge process established by the Commission under subsection (a)(2) shall include an ongoing schedule for the periodic—(1)receipt, analysis, and resolution of feedback received through the process; and(2)updating of the National Broadband Map, which shall be completed—(A)in an expeditious manner; and(B)in response to the feedback described in paragraph (1).(d)National Broadband Map(1)In generalSubject to feedback received through the challenge process, the framework for which is established under subsection (a)(2), a Federal agency shall use the National Broadband Map to determine—(A)the extent of the availability of broadband internet access service; and(B)the areas of the United States that remain unserved by providers.(2)Challenge notice of opportunityBefore awarding funding that supports the development of broadband internet access services and that is based on the information reflected on the National Broadband Map, a Federal agency shall provide notice of an opportunity for public feedback to challenge or update the information on the map that—(A)aligns with the schedule established under subsection (c); or(B)provides a separate public feedback opportunity under rules that may be established by the Federal agency.4.Data validation and submission assistance(a)Selected provider(1)Selection of provider(A)In generalThe Commission shall use competitive procedures to enter into a contract with an entity to provide the services described in paragraph (2).(B)Commission discretionThe Commission may—(i)determine—(I)the period in which an entity selected under subparagraph (A) shall serve in that capacity; and(II)whether to grant an extension with respect to the period described in subclause (i), including the length of that extension; and(ii)with respect to the contract described in subparagraph (A), include—(I)a provision relating to liquidated damages; and(II)any other reasonable provision to ensure that the contract is sound and enforceable.(2)ResponsibilitiesSubject to section 106(h)(2) of the Broadband Data Improvement Act (47 U.S.C. 1304(h)(2)), the entity selected under paragraph (1) shall, in consultation with, and under the supervision of, the Commission—(A)provide—(i)geographic information system data processing assistance to providers that require that assistance in order to comply with the reporting requirements established by the Commission under section 3(a)(1);(ii)support for the facilitation of the challenge process, the framework for which is established by the Commission under section 3(a)(2); and(iii)independent data validation services, including in-field verification of the availability of broadband internet access service reported by providers, to the Commission to ensure the accuracy and continual refinement of the National Broadband Map;(B)execute data-sharing agreements, as may be requested, with providers to facilitate the exchange of information needed to create shapefiles, or any other such depiction as the Commission may prescribe, of the availability of broadband internet access service for the purposes of carrying out subsection (d);(C)analyze the information exchanged under subparagraph (B) to produce depictions of the availability of fixed broadband internet access service and mobile broadband internet access service in compliance with the requirements established under section 3(a)(1), for any providers that are eligible for the assistance described in subparagraph (A)(i);(D)provide the depictions of service availability under subparagraph (C) to the Commission for—(i)the internal use of the Commission; and(ii)incorporation in the National Broadband Map;(E)support collaboration between the Commission and other Federal agencies to—(i)track, map, and validate how funds made available through Federal grants, loans, or other financial awards or incentives for the development of broadband infrastructure have been expended to improve the availability of broadband internet access service; and(ii)ensure transparency and accountability with respect to the expenditures described in clause (i), taking into account existing accountability measures, such as requiring the deployment of broadband infrastructure to be reported on a geocoded or other location-specific basis;(F)develop and implement an online mechanism to be integrated into the National Broadband Map, which shall solicit and collect feedback submitted by the public and providers through the challenge process, the framework for which is established under section 3(a)(2); and(G)in consultation with the Commission, establish an ongoing data validation and verification process, including selective in-person field validation activities, that shall—(i)be guided by intelligence collected through the receipt of public feedback, the acquisition and analysis of third-party datasets, or other methods the entity may develop; and(ii)advise the Commission regarding the continual refinement of the National Broadband Map.(b)Public comment requiredWith respect to the selection of an entity under subsection (a), the Commission shall seek comment from the public, providers, and other relevant stakeholders regarding the experience and capabilities of organizations that are qualified to be so selected.(c)Termination for cause; selection of new entity(1)In generalThe Commission may, by order, terminate for cause an entity selected under subsection (a).(2)New entityIf the Commission issues a termination order under paragraph (1)(A), the Commission shall, not later than 120 days after the date on which the Commission issues that order, select a new qualified entity to carry out subsection (a) in the same manner as provided in that subsection, including by seeking comment as provided in subsection (b).(d)Provider request for assistance(1)In generalThe Commission shall implement a process through which a provider may request geographic information system data processing assistance from the entity selected under subsection (a).(2)Conditions for approvalThe entity selected under subsection (a) shall grant a request for assistance submitted by a provider under paragraph (1)—(A)if the provider has more than 100,000 broadband connections—(i)upon a demonstration of need by the provider; and(ii)after review and approval by the Commission; and(B)if the provider has not more than 100,000 broadband connections, automatically, subject to the availability of funds.(e)No regulatory authorityNothing in this section may be construed to grant an entity selected under subsection (a) any regulatory jurisdiction with respect to, or oversight authority over, providers or information technology.5.Enforcement(a)In generalIt shall be unlawful for a person to willfully and knowingly submit information or data under this Act that is inaccurate with respect to the availability of broadband internet access service.(b)PenaltyAny person that violates subsection (a) shall be subject to an appropriate penalty, as determined by the Commission, under—(1)the Communications Act of 1934 (47 U.S.C. 151 et seq.), including section 501 of that Act (47 U.S.C. 501); and(2)the rules of the Commission.6.Authorization of appropriationsThere is authorized to be appropriated to the Commission to carry out this Act the following amounts:(1)(A)For fiscal year 2020, $55,000,000, not less than $34,500,000 of which shall be made available to carry out section 4.(B)The amounts made available under subparagraph (A) shall remain available until expended.(2)(A)For each of fiscal years 2021 through 2026, $50,000,000, not less than $29,500,000 of which shall be made available in each such fiscal year to carry out section 4.(B)The amounts made available under subparagraph (A) shall remain available until expended.


		I
		112th CONGRESS
		1st Session
		H. R. 305
		IN THE HOUSE OF REPRESENTATIVES

			January 18, 2011
			Ms. Eddie Bernice Johnson of
			 Texas (for herself, Mr. Bishop of
			 Georgia, Mr. Filner, and
			 Mrs. Christensen) introduced the
			 following bill; which was referred to the Committee on Armed Services

		A BILL
		To waive the time limitations specified by law for the
		  award of certain military decorations in order to allow the posthumous award of
		  the Medal of Honor to Doris Miller for actions while a member of the Navy
		  during World War II.

		1.Waiver of time limitations on
			 award of Medal of Honor to Doris Miller for valor as a member of the Navy
			 during World War IIThe time
			 limitations specified in sections 6248(a) and 6250 of title 10, United States
			 Code, shall not apply with respect to the posthumous award of the Medal of
			 Honor under section 6241 of such title to Doris Miller (service number
			 356–12–35) for acts of heroism during World War II while a member of the United
			 States Navy.


111 HR 195 IH: Informed Choice Act
U.S. House of Representatives
2009-01-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		111th CONGRESS
		1st Session
		H. R. 195
		IN THE HOUSE OF REPRESENTATIVES

			January 6, 2009
			Mr. Stearns
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To authorize the Secretary of Health and Human Services
		  to make grants to nonprofit tax-exempt organizations for the purchase of
		  ultrasound equipment to provide free examinations to pregnant women needing
		  such services, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Informed Choice
			 Act.
		2.Grants for
			 purchase of ultrasound equipment
			(a)In
			 GeneralThe Secretary of Health and Human Services may make
			 grants for the purchase of ultrasound equipment. Such ultrasound equipment
			 shall be used by the recipients of such grants to provide, under the direction
			 and supervision of a licensed medical physician, free ultrasound examinations
			 to pregnant women needing such services.
			(b)Eligibility
			 RequirementsAn entity may receive a grant under subsection (a)
			 only if the entity meets the following conditions:
				(1)The entity is a
			 nonprofit private organization that is approved by the Internal Revenue Service
			 as a tax-exempt entity under section 501(c)(3) of the Internal Revenue Code of
			 1986.
				(2)The entity
			 operates as a community-based pregnancy help medical clinic, as defined in
			 subsection (f).
				(3)The entity
			 provides medical services to pregnant women under the guidance and supervision
			 of a physician who serves as the medical director of the clinic and is duly
			 licensed to practice medicine in the State in which the entity is
			 located.
				(4)The entity is
			 legally qualified to provide such medical services to pregnant women and is in
			 compliance with all Federal, State, and local requirements for the provision of
			 such services.
				(5)The entity agrees
			 to comply with the following medical procedures:
					(A)Each pregnant
			 woman upon whom the ultrasound equipment is used will be shown the visual image
			 of the fetus from the ultrasound examination and will be given a general
			 anatomical and physiological description of the characteristics of the
			 fetus.
					(B)Each pregnant
			 woman will be given, according to the best medical judgment of the physician
			 performing the ultrasound examination or the physician’s agent performing such
			 exam, the approximate age of the embryo or fetus considering the number of
			 weeks elapsed from the probable time of the conception of the embryo or fetus,
			 based upon the information provided by the client as to the time of her last
			 menstrual period, her medical history, a physical examination, or appropriate
			 laboratory tests.
					(C)Each pregnant
			 woman will be given information on abortion and alternatives to abortion such
			 as childbirth and adoption and information concerning public and private
			 agencies that will assist in those alternatives.
					(D)The entity will
			 obtain and maintain medical malpractice insurance in an amount not less than
			 $1,000,000, and such insurance will cover all activities relating to the use of
			 the ultrasound machine purchased with the grant under subsection (a).
					(6)The entity does
			 not receive more than 30 percent of its gross annual revenue from a single
			 source or donor.
				(c)Limitation on
			 Individual Grant AmountNo grant under subsection (a) may be made
			 in an amount that exceeds an amount equal to 50 percent of the purchase price
			 cost of the ultrasound machine involved, or $20,000, whichever is less.
			(d)Application for
			 GrantA grant may be made under subsection (a) only if an
			 application for the grant is submitted to the Secretary and the application is
			 in such form, is made in such manner, and contains such agreements, assurances,
			 and information as the Secretary determines to be necessary to carry out this
			 section.
			(e)Annual Report to
			 SecretaryA grant may be made under subsection (a) only if the
			 applicant for the grant agrees to report on an annual basis to the Secretary,
			 in such form and manner as the Secretary may require, on the ongoing compliance
			 of the applicant with the eligibility conditions established in subsection
			 (b).
			(f)DefinitionsFor
			 purposes of this Act:
				(1)The term
			 community-based pregnancy help medical clinic means a facility
			 that—
					(A)provides free
			 medical services to pregnant women under the supervision and direction of a
			 licensed physician who serves as the medical director for such clinic;
			 and
					(B)does not charge
			 for any services rendered to its clients, whether or not such services are for
			 pregnancy or nonpregnancy related matters.
					(2)The term
			 Secretary means the Secretary of Health and Human Services.
				(g)Authorization of
			 AppropriationsFor the purpose of carrying out this section,
			 there are authorized to be appropriated $5,000,000 for fiscal year 2010, and
			 such sums as may be necessary for each of the fiscal years 2011 through
			 2012.


		I
		111th CONGRESS
		1st Session
		H. R. 1213
		IN THE HOUSE OF REPRESENTATIVES

			February 26, 2009
			Mr. Gene Green of
			 Texas (for himself, Mr.
			 Shimkus, Mr. McDermott,
			 Mr. Sessions,
			 Mr. Ortiz, and
			 Mrs. Bono Mack) 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 concerned

		A BILL
		To amend title XVIII of the Social Security Act to
		  provide that the Medicare initial preventive physical examination not be
		  required for a referral with respect to ultrasound screening for abdominal
		  aortic aneurysms and to provide for such screening with respect to at-risk
		  Medicare beneficiaries between the ages of 65 and 75.

		1.Short titleThis Act may be cited as the
			 Screening Abdominal Aortic Aneurysms
			 Very Efficiently Act of 2009.
		2.Medicare coverage
			 of ultrasound screening for abdominal aortic aneurysms
			(a)In
			 generalSection 1861 of the Social Security Act (42 U.S.C. 1395x)
			 is amended—
				(1)in
			 subsection (s)(2)(AA), by amending clause (i) to read as follows:

						(i)who is at least 65 years of age and not
				greater than 75 years of age;
						;
				and
				(2)in subsection
			 (ww)(2), by striking subparagraph (L) and redesignating subparagraphs (M) and
			 (N) as subparagraphs (L) and (M), respectively.
				(b)Effective
			 dateThe amendments made by this section shall apply to services
			 furnished on or after January 1, 2010.


109 HR 1569 IH: To amend the Public Health Service Act with respect to the National Foundation for the Centers for Disease Control and Prevention.
U.S. House of Representatives
2005-04-12
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
109th CONGRESS 1st Session
H. R. 1569
IN THE HOUSE OF REPRESENTATIVES

April 12, 2005
Mr. Linder (for himself, Mr. Kingston, and Mr. Waxman) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To amend the Public Health Service Act with respect to the National Foundation for the Centers for Disease Control and Prevention.

1.National Foundation for Centers for Disease Control and Prevention; acceptance of voluntary services; Federal funding
(a)Authority for acceptance of voluntary services; striking of two-year limit per individualSection 399G(h)(2)(A) of the Public Health Service Act (42 U.S.C. 280e–11(h)(2)(A)) is amended by striking the second sentence and inserting the following: In the case of an individual, such Director may accept the services provided under the preceding sentence by the individual until such time as the private funding for such individual ends..
(b)Federal fundingSection 399G(i) of the Public Health Service Act (42 U.S.C. 280e–11(i)) is amended—
(1)in paragraph (2)—
(A)in subparagraph (A), by striking $500,000 and inserting $2,000,000; and
(B)in subparagraph (B), by striking $500,000 and inserting $2,000,000,; and
(2)by adding at the end the following paragraph:

(4)Support servicesThe Director of the Centers for Disease Control and Prevention may provide facilities, utilities and support services to the Foundation if it is determined by the Director to be advantageous to the programs of such Centers..