116 S3491 IS: Job Protection for Quarantined Individuals Act of 2020
U.S. Senate
2020-03-12
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.

II116th CONGRESS2d SessionS. 3491IN THE SENATE OF THE UNITED STATESMarch 12, 2020Ms. Smith (for herself, Mrs. Gillibrand, Mr. Bennet, Mr. Van Hollen, Mrs. Feinstein, Mr. Casey, Mr. Kaine, Mr. Sanders, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo prohibit adverse employment actions against quarantined or isolated individuals, and for other purposes. 1.Short titleThis Act may be cited as the Job Protection for Quarantined Individuals Act of 2020.2.Prohibition on adverse employment actions against quarantined or isolated individuals(a)In generalAn employer shall not discharge, discipline, threaten, or penalize an employee of the employer, or otherwise discriminate in the work terms, conditions, location, or privileges of the employee, because the employee—(1)has been, or is, in isolation or quarantine; or(2)has responsibility for the care of a family member in isolation or quarantine, regardless of whether such employee has assumed responsibility for all or a portion of such care voluntarily, by contract, or by agreement.(b)Enforcement authority(1)Investigative authority(A)In generalTo ensure compliance with the provisions of subsection (a) or any order issued under this section, the Secretary shall have the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)), with respect to employers, employees, and other individuals affected.(B)Subpoena authorityFor the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209).(2)Civil action by employees or individuals(A)Right of actionAn action to recover the damages or equitable relief prescribed in subparagraph (B) may be maintained against any employer in any Federal or State court of competent jurisdiction by one or more employees or individuals or their representative for and on behalf of—(i)the employees or individuals; or(ii)the employees or individuals and others similarly situated.(B)LiabilityAny employer who violates subsection (a) shall be liable to any employee or individual affected—(i)for damages equal to—(I)the amount of—(aa)any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or(bb)in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained as a direct result of the violation;(II)the interest on the amount described in subclause (I) calculated at the prevailing rate; and(III)an additional amount as liquidated damages; and (ii)for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C)Fees and costsThe court in an action under this paragraph shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant.(3)Action by the Secretary(A)Administrative actionThe Secretary shall receive, investigate, and attempt to resolve complaints of violations of subsection (a) in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207).(B)Civil actionThe Secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (2)(B)(i).(C)Sums recoveredAny sums recovered by the Secretary pursuant to subparagraph (B) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee or individual affected. Any such sums not paid to an employee or individual affected because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts.(4)Limitation(A)In generalAn action may be brought under paragraph (2), (3), or (5) not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.(B)CommencementIn determining when an action is commenced under paragraph (2), (3), or (5) for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed.(5)Action for injunction by SecretaryThe district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary—(A)to restrain violations of subsection (a), including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to employees under this section; or(B)to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion.(6)Solicitor of LaborThe Solicitor of Labor may appear for and represent the Secretary on any litigation brought under paragraph (3) or (5).(c)DefinitionsIn this section:(1)FMLA definitionsThe terms parent, son or daughter, spouse, and covered servicemember have the meanings given the terms in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).(2)Any other individual related by blood or affinity whose close association is the equivalent of a family relationshipThe term any other individual related by blood or affinity whose close association is the equivalent of a family relationship, used with respect to an employee, means any person with whom the employee has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship. (3)Domestic partnerThe term domestic partner, used with respect to an employee, means—(A)the person recognized as the domestic partner of the employee under any domestic partnership or civil union law of a State or political subdivision of a State; or(B)in the case of an unmarried employee, an unmarried adult person who is in a committed, personal relationship with the employee, is not a domestic partner as described in subparagraph (A) to or in such a relationship with any other person, and who is designated to the employer by such employee as that employee’s domestic partner. (4)EmployerThe term employer means a person engaged in an industry affecting commerce.(5)Family memberThe term family member means—(A)a spouse or domestic partner, son or daughter, son-in-law, daughter-in-law, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece; or(B)the next of kin of a covered servicemember, or any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the covered servicemember. (6)GrandchildThe term grandchild means the son or daughter of an employee’s son or daughter.(7)GrandparentThe term grandparent means a parent of a parent of an employee.(8)Isolation or quarantineThe term isolation or quarantine, with respect to an individual, means isolation or quarantine because of—(A)a quarantine order under section 361 of the Public Health Service Act (42 U.S.C. 264);(B)an order or directive of a State, local, or Tribal government;(C)an order of a Federal, State, or Tribal court; (D)a written recommendation of a State, local, or Tribal official that the individual enter isolation or quarantine; or(E) voluntary health monitoring, which occurs when an individual does not have symptoms but is believed to have been exposed to someone who is sick based on guidance issued by the Centers for Disease Control and Prevention or the applicable State, local, or Tribal health department.(9)Nephew; nieceThe terms nephew and niece, used with respect to an employee, mean a son or daughter of the employee's sibling.(10)Parent-in-lawThe term parent-in-law means a parent of the spouse or domestic partner of an employee.(11)SiblingThe term sibling means any person who is a son or daughter of an employee’s parent (other than the employee).(12)Son-in-law; daughter-in-lawThe terms son-in-law and daughter-in-law, used with respect to an employee, mean any person who is a spouse or domestic partner of a son or daughter, as the case may be, of the employee.(13)Uncle; auntThe terms uncle and aunt, used with respect to an employee, mean the son or daughter, as the case may be, of the employee's grandparent (other than the employee's parent).(d)Rule of constructionNothing in this section shall be construed to alter the sick leave or sick pay terms of any employment relationship or require payment of wages for hours not worked.


115 HR 2474 IH: Medical Product Review Harmonization Act of 2017
U.S. House of Representatives
2017-05-16
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.

I115th CONGRESS1st SessionH. R. 2474IN THE HOUSE OF REPRESENTATIVESMay 16, 2017Mrs. Mimi Walters of California (for herself and Mr. Bera) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Federal Food, Drug, and Cosmetic Act to provide an alternative standard for
			 substantial equivalence determinations for devices, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Medical Product Review Harmonization Act of 2017. 2.Alternative substantial equivalence showingSubsection 513(i)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(i)(1)) is amended—
 (1)by redesignating subparagraphs (B) through (F) as subparagraphs (C) through (G), respectively; (2)by inserting after subparagraph (A) the following:

					(B)
 (i)As an alternative to clause (ii) of subparagraph (A), and for the purpose of determining substantial equivalence under subsection (f) and section 520(l), a person may submit information to the Secretary that demonstrates that a device conforms with national or international standards, standards established or recognized under section 514, or guidance documents developed by the Secretary to demonstrate that a device is as safe and effective as a legally marketed device, notwithstanding technological differences.
 (ii)Any person may propose to the Secretary, for purposes of clause (i), a national or international standard, a standard established or recognized under section 514, or a guidance document developed by the Secretary. Not later than 60 days after receipt of any such proposal, the Secretary shall provide to the person submitting the proposal a written determination—
 (I)accepting all, part, or none of the proposal for purposes of demonstrating substantial equivalence under this paragraph; and
 (II)stating the full rationale (including the scientific, technical, and regulatory basis) for the Secretary’s determination.
 (iii)The Secretary shall— (I)except as provided in subclause (II), comply with the requirements for public participation described in section 701(h)(1)(C) before first using a standard or guidance document for purposes of this subparagraph; and
 (II)in the case of establishing or recognizing a standard, comply with the requirements described in section 514 for establishing or recognizing, as applicable, a performance standard.
 (iv)A person submitting a notification under section 510(k) may rely on a standard or guidance document identified, established, or recognized by the Secretary in accordance with clause (iii) to resolve some or all of the differences that exist between a new device and its legally marketed predicate device to demonstrate substantial equivalence.; and
 (3)in subparagraph (F) (as redesignated by paragraph (1)), by adding at the end the following:  (iv)The reliance on standards or guidance documents to demonstrate substantial equivalence as described in subparagraph (B) shall be optional and have no effect on the establishment of substantial equivalence pursuant to subparagraph (A) where such option is not exercised..


110 HR 684 IH: Keeping Our Promises to America’s

U.S. House of Representatives
2007-01-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 684
		IN THE HOUSE OF REPRESENTATIVES

			January 24, 2007
			Mr. Moore of Kansas
			 (for himself, Mr. Abercrombie,
			 Mr. Baird,
			 Mrs. Boyda of Kansas,
			 Mr. Chandler,
			 Mr. Clay, Mr. Cooper, Mr.
			 Cummings, Mr. Doggett,
			 Mr. Frank of Massachusetts,
			 Mr. Grijalva,
			 Mr. Hinchey,
			 Mr. Hastings of Florida,
			 Mr. Holden,
			 Mr. Honda,
			 Mr. Israel,
			 Ms. Jackson-Lee of Texas,
			 Mr. Larsen of Washington,
			 Ms. Lee, Ms. Zoe Lofgren of California,
			 Mrs. Lowey,
			 Mr. Matheson,
			 Ms. McCollum of Minnesota,
			 Mr. McGovern,
			 Mr. Michaud,
			 Mr. Moran of Virginia,
			 Mr. Patrick J. Murphy of Pennsylvania,
			 Mr. Nadler,
			 Mr. Ortiz,
			 Mr. Ramstad,
			 Mr. Ross, Mr. Rothman, Mr.
			 Salazar, Mr. Thompson of
			 Mississippi, and Ms.
			 Woolsey) introduced the following bill; which was referred to the
			 Committee on Education and
			 Labor

		A BILL
		To require full funding of part A of title I of the
		  Elementary and Secondary Education Act of 1965, as amended by the No Child Left
		  Behind Act of 2001.

		1.Short titleThis Act may be cited as the
			 Keeping Our Promises to America’s
			 Children Act of 2007.
		2.Moratorium on
			 compliance with adequate yearly progress requirements that are not fully
			 funded
			(a)In
			 generalIf, for a fiscal year, appropriations for a program,
			 project, or activity under part A of title I of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311 et seq.), as amended by the No Child Left
			 Behind Act of 2001 (Public Law 107–110; 115 Stat. 1425), are less than the
			 amount authorized by law to be appropriated for the program, project, or
			 activity for that fiscal year and, by reason of the insufficient appropriation,
			 a recipient of funds under that part receives inadequate funding—
				(1)the recipient may,
			 as determined appropriate by the recipient, defer the commencement of, suspend,
			 or modify the administration of, the functions of the recipient under
			 subsections (b), (c), (e), (f), and (g) of section 1116 of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6316(b), (c), (e), (f), and (g)) with respect to the
			 program, project, or activity; and
				(2)the Secretary of
			 Education shall ensure that no penalty, sanction, condition, denial of waiver,
			 reduction of support, or other negative consequence otherwise applicable under
			 part A of title I of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) shall apply
			 to the recipient because of action taken by the recipient under paragraph
			 (1).
				(b)DefinitionsAs
			 used in this section:
				(1)Recipient of
			 fundsThe term recipient of funds means, with
			 respect to part A of title I of the Elementary
			 and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), a
			 local educational agency or a State educational agency that is a recipient
			 funds under that part.
				(2)Inadequate
			 fundingThe term inadequate funding means, with
			 respect to a local educational agency or a State educational agency, funding in
			 an amount that is less than the amount the recipient would have received if the
			 amount authorized by law for the program, project, or activity involved had
			 been appropriated in full.
				(3)Local
			 educational agency and State educational agencyThe terms
			 local educational agency and State educational agency
			 have the meanings given those terms in section 9101(26) and section 9101(41),
			 respectively, of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 7801(26) and 7801(41)).


115 HR 5840 IH: To state the policy of the United States with respect to the extended nuclear deterrence posture of the United States in support of NATO and to direct the Secretary of Defense to provide Congress a briefing on such posture.
U.S. House of Representatives
2018-05-16
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.

I115th CONGRESS2d SessionH. R. 5840IN THE HOUSE OF REPRESENTATIVESMay 16, 2018Mr. Bilirakis (for himself and Mr. Sarbanes) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo state the policy of the United States with respect to the extended nuclear deterrence posture of
			 the United States in support of NATO and to direct the Secretary of
			 Defense to provide Congress a briefing on such posture.

		1.Extended nuclear deterrence posture in support of NATO
 (a)Statement of policyIt is the policy of the United States to— (1)maintain a modernized nuclear capability that provides for effective deterrence against peer, near-peer, and regional adversaries, consistent with the national security interests of the United States;
 (2)extend the nuclear deterrent of the United States to deter aggression against close allies of the United States, including members of the North Atlantic Treaty Organization (NATO); and
 (3)ensure the highest levels of reliability, credibility, safety, and security for all nuclear weapons of the United States, including those forward-deployed in support of NATO.
 (b)BriefingNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate, and to any other congressional defense committee (as defined in section 101(a)(16) of title 10, United States Code) upon request, a briefing regarding the current status of, and future plans for, the extended nuclear deterrence posture of the United States in support of NATO.


110 HRES 347 IH: Recognizing the historical significance of the Mexican holiday of Cinco de Mayo.
U.S. House of Representatives
2007-05-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
110th CONGRESS
1st Session
H. RES. 347
IN THE HOUSE OF REPRESENTATIVES

May 1, 2007
Mr. Baca (for himself, Ms. Eddie Bernice Johnson of Texas, Mr. Cardoza, Mr. Hinojosa, Mr. Serrano, Mr. Gene Green of Texas, Ms. Lee, Mr. Lantos, Mr. Costa, Mr. Rush, Ms. Jackson-Lee of Texas, Mr. Crowley, Mr. Al Green of Texas, Mr. Sires, Mr. Fortuño, Mr. Ortiz, Mr. Grijalva, Ms. Linda T. Sánchez of California, Mr. Berman, Ms. Ros-Lehtinen, Ms. Solis, Mrs. Napolitano, Mr. Becerra, Mr. Meeks of New York, Mr. Reyes, Mr. Gutierrez, Mr. Cuellar, Mr. Gonzalez, Ms. Roybal-Allard, Ms. Velázquez, Mr. Farr, Mr. Rodriguez, Mr. Pastor, Mr. Salazar, and Mr. Burton of Indiana) submitted the following resolution; which was referred to the Committee on Foreign Affairs

May 1, 2007
Committee on Foreign Affairs discharged; considered and agreed to

RESOLUTION
Recognizing the historical significance of the Mexican holiday of Cinco de Mayo.

 Whereas May 5, or Cinco de Mayo in Spanish, is celebrated each year as a date of great importance by the Mexican and Mexican-American communities;
 Whereas the Cinco de Mayo holiday commemorates May 5, 1862, the date on which the Battle of Puebla was fought by Mexicans who were struggling for their independence and freedom;
 Whereas Cinco de Mayo has become one of Mexico’s most famous national holidays and is celebrated annually by nearly all Mexicans and Mexican-Americans, north and south of the United States-Mexico border;
 Whereas the Battle of Puebla was but one of the many battles that the courageous Mexican people won in their long and brave struggle for independence and freedom;
 Whereas the French, confident that their battle-seasoned troops were far superior to the almost amateurish Mexican forces, expected little or no opposition from the Mexican army;
 Whereas the French army, which had not experienced defeat against any of Europe’s finest troops in over half a century, sustained a disastrous loss at the hands of an outnumbered, ill-equipped, and ragged, but highly spirited and courageous, Mexican force;
 Whereas after three bloody assaults upon Puebla in which over a thousand gallant Frenchmen lost their lives, the French troops were finally defeated and driven back by the outnumbered Mexican troops;
 Whereas the courageous and heroic spirit that Mexican General Zaragoza and his men displayed during this historic battle can never be forgotten;
 Whereas many brave Mexicans willingly gave their lives for the causes of justice and freedom in the Battle of Puebla on Cinco de Mayo;
 Whereas the sacrifice of the Mexican fighters was instrumental in keeping Mexico from falling under European domination;
 Whereas the Cinco de Mayo holiday is not only the commemoration of the rout of the French troops at the town of Puebla in Mexico, but is also a celebration of the virtues of individual courage and patriotism of all Mexicans and Mexican-Americans who have fought for freedom and independence against foreign aggressors;
 Whereas Cinco de Mayo serves as a reminder that the foundation of the United States is built by people from many nations and diverse cultures who are willing to fight and die for freedom;
 Whereas Cinco de Mayo also serves as a reminder of the close spiritual and economic ties between the people of Mexico and the people of the United States, and is especially important for the people of the southwestern States where millions of Mexicans and Mexican-Americans make their homes;
 Whereas in a larger sense Cinco de Mayo symbolizes the right of a free people to self-determination, just as Benito Juarez once said, El respeto al derecho ajeno es la paz (The respect of other people’s rights is peace); and
 Whereas many people celebrate during the entire week in which Cinco de Mayo falls: Now, therefore, be it

That the House of Representatives recognizes the historical struggle for independence and freedom of the Mexican people and requests the President to issue a proclamation recognizing that struggle and calling upon the people of the United States to observe Cinco de Mayo with appropriate ceremonies and activities.


		II
		109th CONGRESS
		2d Session
		S. 4094
		IN THE SENATE OF THE UNITED STATES

			December 6, 2006
			Ms. Landrieu introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend the period in which States may spend funds from
		  the additional allotments provided to States under the Social Services Block
		  Grant program for necessary expenses related to the consequences of Hurricane
		  Katrina and other hurricanes in the Gulf of Mexico in 2005.

		1.Extension of period for
			 expenditure of additional SSBG allotments for necessary expenses related to the
			 consequences of Hurricane Katrina and other hurricanes in the Gulf of Mexico in
			 2005Notwithstanding section
			 2002(c) of the Social Security Act (42 U.S.C. 1397a(c)), the additional
			 allotments for States from amounts appropriated under the heading Social
			 Services Block Grant, under the heading Administration for
			 Children and Families, under the heading Department of Health
			 and Human Services of the Department of Defense, Emergency Supplemental
			 Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic
			 Influenza Act, 2006 (Public Law 109–148, 119 Stat. 2768) shall remain available
			 for obligation through September 30, 2008.


		III
		110th CONGRESS
		2d Session
		S. RES. 675
		IN THE SENATE OF THE UNITED STATES

			September 22
			 (legislative day, September 17), 2008
			Ms. Landrieu (for
			 herself, Mr. Coleman,
			 Mrs. Lincoln, Mr. Martinez, Mr.
			 Johnson, Mr. Craig,
			 Mr. Levin, Mr.
			 Casey, Mr. Bayh,
			 Mrs. Boxer, Mr.
			 Inhofe, Mrs. Clinton,
			 Mr. Burr, Mr.
			 Bunning, Mr. Lautenberg,
			 Mr. Smith, Mr.
			 DeMint, Ms. Stabenow,
			 Mr. Specter, Mr. Brownback, Ms.
			 Collins, Mr. Roberts,
			 Mr. Obama, Mr.
			 Enzi, Mr. Lieberman,
			 Mr. Vitter, Mr.
			 Kerry, Mr. Domenici,
			 Mr. Stevens, Mr. Thune, Mrs.
			 Dole, Mr. Coburn,
			 Mrs. Murray, Mr. Rockefeller, Mr.
			 Inouye, Mr. Salazar,
			 Mrs. Hutchison, and
			 Mr. Menendez) submitted the following
			 resolution; which was considered and agreed to

		RESOLUTION
		Expressing support for the goals of
		  National Adoption Day and National Adoption Month by promoting national
		  awareness of adoption and the children awaiting families, celebrating children
		  and families involved in adoption, and encouraging Americans to secure safety,
		  permanency, and well-being for all children.

		Whereas there are approximately 510,000 children in the
			 foster care system in the United States, approximately 129,000 of whom are
			 waiting for families to adopt them;
		Whereas 61 percent of the children in foster care are age
			 10 or younger;
		Whereas the average length of time a child spends in
			 foster care is over 3 years;
		Whereas, for many foster children, the wait for a loving
			 family in which they are nurtured, comforted, and protected seems
			 endless;
		Whereas the number of youth who age out of
			 foster care by reaching adulthood without being placed in a permanent home has
			 continued to increase since 1998, and more than 26,000 foster youth age out
			 every year;
		Whereas every day loving and nurturing families are
			 strengthened and expanded when committed and dedicated individuals make an
			 important difference in the life of a child through adoption;
		Whereas a 2007 survey conducted by the Dave Thomas
			 Foundation for Adoption demonstrated that though Americans
			 overwhelmingly support the concept of adoption, and in particular foster care
			 adoption . . . foster care adoptions have not increased significantly over the
			 past five years;
		Whereas, while 4 in 10 Americans have considered adoption,
			 a majority of Americans have misperceptions about the process of adopting
			 children from foster care and the children who are eligible for
			 adoption;
		Whereas 71 percent of those who have considered adoption
			 consider adopting children from foster care above other forms of
			 adoption;
		Whereas 45 percent of Americans believe that children
			 enter the foster care system because of juvenile delinquency, when in reality
			 the vast majority of children who have entered the foster care system were
			 victims of neglect, abandonment, or abuse;
		Whereas 46 percent of Americans believe that foster care
			 adoption is expensive, when in reality there is no substantial cost for
			 adopting from foster care and financial support is available to adoptive
			 parents after the adoption is finalized;
		Whereas both National Adoption Day and National Adoption
			 Month occur in November;
		Whereas National Adoption Day is a collective national
			 effort to find permanent, loving families for children in the foster care
			 system;
		Whereas, since the first National Adoption Day in 2000,
			 more than 20,000 children have joined forever families during National Adoption
			 Day;
		Whereas, in 2007, adoptions were finalized for over 4,200
			 children through more than 260 National Adoption Day events in all 50 States,
			 the District of Columbia, and Puerto Rico; and
		Whereas the President traditionally issues an annual
			 proclamation to declare November as National Adoption Month, and National
			 Adoption Day is on November 15, 2008: Now, therefore, be it

		That the Senate—
			(1)supports the
			 goals and ideals of National Adoption Day and National Adoption Month;
			(2)recognizes that
			 every child should have a permanent and loving family; and
			(3)encourages the
			 citizens of the United States to consider adoption during the month of November
			 and all throughout the year.


116 HR 102 IH: No Pay Raise for Congress Act
U.S. House of Representatives
2019-01-03
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. 102IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2019Mr. Buchanan introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and 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 concernedA BILLTo provide that rates of pay for Members of Congress shall not be adjusted under section 601(a)(2)
			 of the Legislative Reorganization Act of 1946 in the year following any
			 fiscal year in which outlays of the United States exceeded receipts of the
			 United States.

 1.Short titleThis Act may be cited as the No Pay Raise for Congress Act. 2.Amendments to the Legislative Reorganization Act of 1946 (a)In generalSection 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501(2)) is amended by adding at the end the following:

 (C)An adjustment in rates of pay may be made under this paragraph in a year only if the aggregate outlays of the United States during the last completed fiscal year did not exceed the aggregate receipts of the United States during such fiscal year, as determined by the Congressional Budget Office..
 (b)Technical amendmentSection 601(a)(2)(A) of such Act (2 U.S.C. 4501(2)(A)) is amended by striking Subject to subparagraph (B), and inserting Subject to subparagraphs (B) and (C),.


		II
		Calendar No. 201
		112th CONGRESS
		1st Session
		H. R. 2250
		IN THE SENATE OF THE UNITED
		  STATES

			October 17, 2011
			Received; read the first time

			October 18, 2011
			Read the second time and placed on the
			 calendar

		AN ACT
		To provide additional time for the
		  Administrator of the Environmental Protection Agency to issue achievable
		  standards for industrial, commercial, and institutional boilers, process
		  heaters, and incinerators, and for other purposes.

		1.Short titleThis Act may be cited as the
			 EPA Regulatory Relief Act of
			 2011.
		2.Legislative
			 stay
			(a)Establishment of
			 standardsIn place of the
			 rules specified in subsection (b), and notwithstanding the date by which such
			 rules would otherwise be required to be promulgated, the Administrator of the
			 Environmental Protection Agency (in this Act referred to as the
			 Administrator) shall—
				(1)propose regulations for industrial,
			 commercial, and institutional boilers and process heaters, and commercial and
			 industrial solid waste incinerator units, subject to any of the rules specified
			 in subsection (b)—
					(A)establishing
			 maximum achievable control technology standards, performance standards, and
			 other requirements under sections 112 and 129, as applicable, of the Clean Air
			 Act (42 U.S.C.
			 7412, 7429); and
					(B)identifying
			 non-hazardous secondary materials that, when used as fuels or ingredients in
			 combustion units of such boilers, process heaters, or incinerator units are
			 solid waste under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.; commonly
			 referred to as the Resource Conservation and Recovery Act) for
			 purposes of determining the extent to which such combustion units are required
			 to meet the emissions standards under section 112 of the Clean Air Act
			 (42 U.S.C.
			 7412) or the emission standards under section 129 of such Act
			 (42 U.S.C.
			 7429); and
					(2)finalize the regulations on the date that
			 is 15 months after the date of the enactment of this Act.
				(b)Stay of earlier
			 rulesThe following rules are of no force or effect, shall be
			 treated as though such rules had never taken effect, and shall be replaced as
			 described in subsection (a):
				(1)National
			 Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial,
			 Commercial, and Institutional Boilers and Process Heaters, published at
			 76 Fed. Reg. 15608 (March 21, 2011).
				(2)National
			 Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial,
			 Commercial, and Institutional Boilers, published at 76 Fed. Reg. 15554
			 (March 21, 2011).
				(3)Standards
			 of Performance for New Stationary Sources and Emission Guidelines for Existing
			 Sources: Commercial and Industrial Solid Waste Incineration Units,
			 published at 76 Fed. Reg. 15704 (March 21, 2011).
				(4)Identification of Non-Hazardous
			 Secondary Materials That Are Solid Waste, published at 76 Fed. Reg.
			 15456 (March 21, 2011).
				(c)Inapplicability
			 of certain provisionsWith respect to any standard required by
			 subsection (a) to be promulgated in regulations under section 112 of the Clean
			 Air Act (42 U.S.C.
			 7412), the provisions of subsections (g)(2) and (j) of such
			 section 112 shall not apply prior to the effective date of the standard
			 specified in such regulations.
			3.Compliance
			 dates
			(a)Establishment of
			 compliance datesFor each
			 regulation promulgated pursuant to section 2, the Administrator—
				(1)shall establish a
			 date for compliance with standards and requirements under such regulation that
			 is, notwithstanding any other provision of law, not earlier than 5 years after
			 the effective date of the regulation; and
				(2)in proposing a
			 date for such compliance, shall take into consideration—
					(A)the costs of
			 achieving emissions reductions;
					(B)any non-air
			 quality health and environmental impact and energy requirements of the
			 standards and requirements;
					(C)the feasibility of
			 implementing the standards and requirements, including the time needed
			 to—
						(i)obtain necessary
			 permit approvals; and
						(ii)procure, install,
			 and test control equipment;
						(D)the availability
			 of equipment, suppliers, and labor, given the requirements of the regulation
			 and other proposed or finalized regulations of the Environmental Protection
			 Agency; and
					(E)potential net
			 employment impacts.
					(b)New
			 sourcesThe date on which the
			 Administrator proposes a regulation pursuant to section 2(a)(1) establishing an
			 emission standard under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412,
			 7429) shall be treated as the date on which the Administrator first proposes
			 such a regulation for purposes of applying the definition of a new source under
			 section 112(a)(4) of such Act (42 U.S.C. 7412(a)(4)) or the
			 definition of a new solid waste incineration unit under section 129(g)(2) of
			 such Act (42 U.S.C.
			 7429(g)(2)).
			(c)Rule of
			 constructionNothing in this
			 Act shall be construed to restrict or otherwise affect the provisions of
			 paragraphs (3)(B) and (4) of section 112(i) of the Clean Air Act
			 (42 U.S.C.
			 7412(i)).
			4.Energy recovery
			 and conservationNotwithstanding any other provision of law,
			 and to ensure the recovery and conservation of energy consistent with the Solid
			 Waste Disposal Act (42 U.S.C. 6901 et seq.; commonly
			 referred to as the Resource Conservation and Recovery Act), in
			 promulgating rules under section 2(a) addressing the subject matter of the
			 rules specified in paragraphs (3) and (4) of section 2(b), the
			 Administrator—
			(1)shall adopt the
			 definitions of the terms commercial and industrial solid waste
			 incineration unit, commercial and industrial waste, and
			 contained gaseous material in the rule entitled Standards
			 of Performance for New Stationary Sources and Emission Guidelines for Existing
			 Sources: Commercial and Industrial Solid Waste Incineration Units,
			 published at 65 Fed. Reg. 75338 (December 1, 2000); and
			(2)shall identify
			 non-hazardous secondary material to be solid waste only if—
				(A)the material meets
			 such definition of commercial and industrial waste; or
				(B)if the material is
			 a gas, it meets such definition of contained gaseous material.
				5.Other
			 provisions
			(a)Establishment of
			 standards achievable in practiceIn promulgating rules under
			 section 2(a), the Administrator shall ensure that emissions standards for
			 existing and new sources established under section 112 or 129 of the Clean Air
			 Act (42 U.S.C.
			 7412, 7429), as applicable, can be met under actual operating
			 conditions consistently and concurrently with emission standards for all other
			 air pollutants regulated by the rule for the source category, taking into
			 account variability in actual source performance, source design, fuels, inputs,
			 controls, ability to measure the pollutant emissions, and operating
			 conditions.
			(b)Regulatory
			 alternativesFor each
			 regulation promulgated pursuant to section 2(a), from among the range of
			 regulatory alternatives authorized under the Clean Air Act (42 U.S.C. 7401 et
			 seq.) including work practice standards under section 112(h) of
			 such Act (42 U.S.C.
			 7412(h)), the Administrator shall impose the least burdensome,
			 consistent with the purposes of such Act and Executive Order No. 13563
			 published at 76 Fed. Reg. 3821 (January 21, 2011).

			Passed the House of
			 Representatives October 13, 2011.
			Karen L. Haas,
			Clerk.

		October 18, 2011
		Read the second time and placed on the
		  calendar


117 HR 3726 IH: To amend title 49, United States Code, to establish a Center of Excellence to advance rail research and development.
U.S. House of Representatives
2021-06-04
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.

I117th CONGRESS1st SessionH. R. 3726IN THE HOUSE OF REPRESENTATIVESJune 4, 2021Ms. Newman introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title 49, United States Code, to establish a Center of Excellence to advance rail research and development.1.Rail research and development center of excellenceSection 20108 of title 49, United States Code, is amended by adding at the end the following: (d)Rail research and development center of excellence(1)Center of excellenceThe Secretary shall establish a center of excellence to carry out research and development that improves the safety, efficiency and reliability of passenger and freight rail transportation.(2)Selection of host institution(A)In generalThe Secretary shall select an institution of higher education, or a consortium of institutions of higher education, to host and maintain the center of excellence established under paragraph (1).(B)Selection criteriaIn selecting a such an institution, the Secretary shall—(i)give preference to applicants with strong past performance related to rail research, education, and workforce development activities;(ii)consider the extent to which the applicant would involve public and private sector passenger and freight railroad operators; and(iii)consider the regional and national impacts of the applicant’s proposed research and development activities.(3)Use of fundsThe institution of higher education may use funds provided under this subsection to carry out basic and applied research, evaluation, education, workforce development, and training efforts related to safety, efficiency, reliability, resiliency, and sustainability of commuter rail, intercity high-speed rail, and freight rail transportation, including advances in rolling stock, advanced positive train control, human factors, rail infrastructure, shared corridors, grade crossing safety, inspection technology, remote sensing, rail systems maintenance, network resiliency, operational reliability, energy efficiency, and advanced technologies.(4)Federal shareThe Federal share of a grant under this subsection shall not exceed 50 percent of the costs of establishing and operating the center of excellence and related research activities carried out by the grant recipient.(5)Authorization of appropriations(A)Fiscal year 2022There is authorized to be appropriated to the Secretary $7,500,000 for fiscal year 2022 for a grant under this subsection.(B)Fiscal years 2023 through 2026There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2022 through 2026 for a grant under this subsection.(C)AvailabilityAmounts appropriated pursuant to this paragraph shall remain available until expended.(6)Institution of higher education definedIn this subsection, the term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)..


113 HR 1353 IH: STEM Education Opportunity Act
U.S. House of Representatives
2013-03-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1353
		IN THE HOUSE OF REPRESENTATIVES

			March 21, 2013
			Mr. Hanna (for
			 himself and Mr. Israel) introduced the
			 following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to allow a
		  deduction for higher education expenses in a program of study in science,
		  technology, engineering, or mathematics.

		1.Short titleThis Act may be cited as the
			 STEM Education Opportunity
			 Act.
		2.STEM qualified
			 higher education expenses
			(a)In
			 generalPart VII of
			 subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by
			 inserting after section 222 the following new section:

					222A.STEM qualified
				higher education expenses
						(a)In
				generalIn the case of an
				individual, there shall be allowed as a deduction an amount equal to the STEM
				higher education expenses paid by the taxpayer during the taxable year.
						(b)STEM higher
				education expensesFor
				purposes of this section, the term STEM higher education expense
				means any expense of a type which is taken into account in determining the cost
				of attendance (as defined in section 472 of the Higher Education Act of 1965
				(20 U.S.C. 1087ll)) at an eligible educational institution with respect to the
				attendance of an individual—
							(1)at such
				institution for the academic period for which the deduction under this section
				is being determined,
							(2)majoring in a course of study at such
				institution leading to an associate degree or higher in—
								(A)science,
				technology, engineering, or mathematics (within the meaning of section
				131(g)(4) of the Higher Education Act of 1965 (20 U.S.C. 1015(g)(4)), or
								(B)education with a
				focus on any area described in subparagraph (A), and
								(3)who at all times during such period is
				making satisfactory academic progress (as defined in section 668.34 of title
				34, Code of Federal Regulations, or any successor regulation) in the pursuit of
				such degree.
							(c)Definition and
				special rulesFor purposes of
				this section—
							(1)Eligible
				educational institutionThe term eligible educational
				institution has the meaning given the term institution of higher
				education in section 102 of the Higher Education Act of 1965 (20 U.S.C.
				1002).
							(2)Room and board
				included for students who are at least half-timeSubsection (a)
				shall not apply to any costs of an individual for room and board while
				attending an eligible educational institution, unless such individual is an
				eligible individual (as defined in section 25A(b)(3)).
							(3)Carryforward of
				unused deductionIf for any taxable year the deduction allowable
				under subsection (a) exceeds the taxpayer’s taxable income (determined without
				regard to this section), the amount of STEM higher education expenses of the
				taxpayer attributable to such excess shall be treated as STEM higher education
				expenses paid by the taxpayer in the succeeding taxable year.
							(4)Identification
				requirementNo deduction shall be allowed under subsection (a) to
				a taxpayer with respect to STEM higher education expenses of an individual
				unless the taxpayer includes the name and taxpayer identification number of the
				individual on the return of tax for the taxable year.
							(5)Certain
				prepayments allowedIf STEM higher education expenses are paid by
				the taxpayer during a taxable year for an academic period which begins during
				the first 3 months following such taxable year, such academic period shall be
				treated for purposes of this section as beginning during such taxable
				year.
							(6)Coordination
				with other education incentives
								(A)Denial of
				deduction if other credit electedNo deduction shall be allowed under
				subsection (a) for any taxable year with respect to the STEM higher education
				expenses with respect to an individual if the taxpayer or any other person
				elects to have section 25A apply with respect to such individual for such
				year.
								(B)Coordination
				with exclusionsThe total amount of STEM higher education
				expenses shall be reduced by the amount of such expenses taken into account in
				determining any amount excluded under section 135, 529(c), or 530(d)(2). For
				purposes of the preceding sentence, the amount taken into account in
				determining the amount excluded under section 529(c)(1) shall not include that
				portion of the distribution which represents a return of any contributions to
				the plan.
								(7)Adjustment for
				certain scholarshipsRules similar to the rules of 25A(g)(2)
				shall apply for purposes of this section.
							(8)DependentsNo
				deduction shall be allowed under subsection (a) to any individual with respect
				to whom a deduction under section 151 is allowable to another taxpayer for a
				taxable year beginning in the calendar year in which such individual’s taxable
				year begins.
							(9)Nonresident
				aliensIf the taxpayer is a nonresident alien individual for any
				portion of the taxable year, this section shall only apply if such individual
				is treated as a resident alien of the United States for purposes of this
				chapter by reason of an election under subsection (g) or (h) of section
				6013.
							(d)TerminationThis section shall not apply to taxable
				years beginning more than 10 years after the date of the enactment of the STEM
				Education Opportunity
				Act.
						.
			(b)Deduction
			 allowed whether or not taxpayer itemizes other
			 deductionsSubsection (a) of section 62 of such Code is amended
			 by inserting after paragraph (21) the following new paragraph:

					(22)STEM qualified
				higher education expensesThe
				deduction allowed by section
				222A.
					.
			(c)Clerical
			 amendmentThe table of
			 sections for part VII of subchapter B of chapter 1 of such Code is amended by
			 inserting after the item relating to section 222 the following new item:

						Sec. 222A. STEM qualified higher education
				expenses.

					.
			(d)Effective
			 dateThe amendments made by this section shall apply to payments
			 made in taxable years beginning after the date of the enactment of this
			 Act.
			3.Credits for
			 certain contributions benefitting science, technology, engineering, and
			 mathematics education at the elementary and secondary school level
			(a)In
			 generalSubpart D of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to business related credits) is amended
			 by adding at the end the following new section:

					45S.Contributions
				benefitting science, technology, engineering, and mathematics education at the
				elementary and secondary school level
						(a)In
				generalFor purposes of
				section 38, the elementary and secondary school STEM contributions credit
				determined under this section for the taxable year is an amount equal to the
				qualified STEM contributions made by the taxpayer during the taxable year to
				one or more elementary or secondary schools.
						(b)Maximum
				credit
							(1)Per
				taxpayerThe amount of
				qualified STEM contributions made to any school which may be taken into account
				under this section by the taxpayer for the taxable year shall not exceed the
				portion of the limitation under paragraph (2) which is allocated by such school
				to the taxpayer for such year.
							(2)Per
				schoolThe amount of qualified STEM contributions made to any
				school which may be allocated under this section by the school to all taxpayers
				for all taxable years shall not exceed $100,000.
							(c)Qualified STEM
				contributionsFor purposes of this section—
							(1)In
				generalThe term qualified STEM contributions
				means—
								(A)STEM property
				contributions,
								(B)STEM service
				contributions, and
								(C)STEM student and
				educator training contributions.
								(2)STEM property
				contributions
								(A)In
				generalThe term STEM property contribution means
				the amount which would (but for subsection (d)) be allowed as a deduction under
				section 170 for a charitable contribution of STEM property if—
									(i)the donee is an
				elementary or secondary school,
									(ii)substantially all of the use of the
				property by the donee is within the United States for STEM education in any of
				the grades K–12 for use during the school day or in after-school
				programs,
									(iii)the original use
				of the property begins with the donee,
									(iv)the property will
				fit productively into the donee’s education plan,
									(v)the property is
				not transferred by the donee in exchange for money, other property, or
				services, except for shipping, installation and transfer costs, and
									(vi)the donee’s use
				and disposition of the property will be in accordance with the provisions of
				clauses (ii) through (v).
									(B)STEM
				propertyThe term STEM property means—
									(i)computer equipment and software,
									(ii)microscopes,
									(iii)lab equipment,
				including glassware, digital scales, and temperature measuring devices,
									(iv)property used to
				maintain, renovate, or improve laboratory facilities,
									(v)STEM education curricula, and
									(vi)whiteboards,
				smartboards, cameras, and other relevant STEM education materials.
									(3)STEM service
				contributions
								(A)In
				generalThe term STEM service contributions means
				the amount paid or incurred during the taxable year to provide STEM services in
				the United States for the exclusive benefit of students at an elementary or
				secondary school but only if no charge is imposed for providing such
				services.
								(B)STEM
				servicesThe term STEM
				services means—
									(i)providing students the opportunity to
				engage in hands-on technical equipment training in a STEM education field,
				and
									(ii)bringing experts in a STEM education field
				into the classroom or after school programs for demonstrations, talks, or
				mentoring exercises.
									(4)STEM student and
				educator training contributions
								(A)In
				generalThe term STEM student and educator training
				contributions means the amount paid or incurred during the taxable year
				to provide STEM student and educator training services in the United States for
				the exclusive benefit of students at an elementary or secondary school but only
				if no charge is imposed for providing such services.
								(B)STEM student and
				educator training servicesThe term STEM student and
				educator training services means—
									(i)on-site technical equipment training in a
				STEM education field,
									(ii)field trips to
				research or related facilities in a STEM education field,
									(iii)student
				internships or long term on-site training in a STEM education field, and
									(iv)educator training
				exercises in a STEM education field.
									(5)STEM
				educationThe term STEM
				education means education in the biological sciences, mathematics, earth
				and physical sciences, computer and information science, engineering,
				geosciences, and social and behavioral sciences.
							(6)Elementary or
				secondary school
								(A)In
				generalThe term elementary or secondary school
				means any school which provides elementary education or secondary education
				(kindergarten through grade 12), as determined under State law.
								(B)Groupings of
				schoolsSuch term includes consortia or other groupings of such
				schools if all such schools in the consortia or grouping are located within the
				same State.
								(d)Denial of double
				benefitNo deduction shall be allowed under this chapter for any
				amount allowed as a credit under this
				section.
						.
			(b)Conforming
			 amendments
				(1)Section 38(b) of
			 such Code is amended by striking plus at the end of paragraph
			 (35), by striking the period at the end of paragraph (36), and inserting
			 , plus, and by adding at the end the following new
			 paragraph:

						(37)the elementary
				and secondary school STEM contributions credit determined under section
				45S.
						.
				(2)The table of
			 sections for subpart D of part IV of subchapter A of chapter 1 of such Code is
			 amended by adding at the end the following new item:

							Sec. 45S. Contributions benefitting
				science, technology, engineering, and mathematics education at the elementary
				and secondary school
				level.

						.
				(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.
			4.GAO
			 StudyNot later than 5 years
			 after the date of the enactment of this Act, the Government Accountability
			 Office, in consultation with the Secretary of the Treasury, shall submit to
			 Congress a report detailing—
			(1)the efficacy of
			 the STEM Education Opportunity Act in increasing higher education enrollment in
			 the fields of math, science, engineering, and technology, and
			(2)any effect such
			 Act has had on the price of higher education tuition in such fields.


113 HR 1990 IH: Keep the IRS Off Your Health Care Act of 2013
U.S. House of Representatives
2013-05-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1990
		IN THE HOUSE OF REPRESENTATIVES

			May 15, 2013
			Mr. Price of Georgia
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To prohibit the Secretary of the Treasury from enforcing
		  the Patient Protection and Affordable Care Act and the Health Care and
		  Education Reconciliation Act of 2010.

		1.Short titleThis Act may be cited as the
			 Keep the IRS Off Your Health Care Act of
			 2013.
		2.FindingsCongress finds the following:
			(1)On May 10, 2013, the Internal Revenue
			 Service admitted that it singled out advocacy groups, based on ideology,
			 seeking tax-exempt status.
			(2)This action raises
			 pertinent questions about the agency’s ability to implement and oversee Public
			 Law 111–48 and Public Law 111–52.
			(3)This action could
			 be an indication of future Internal Revenue Service abuses in relation to
			 Public Law 111–48 and Public Law 111–52 given that it is their responsibility
			 to enforce a key provision, the individual mandate.
			(4)Americans accept
			 the principle that patients, families, and doctors should be making medical
			 decisions, not the Federal Government.
			3.Prohibiting
			 enforcement of PPACA and HCERAThe Secretary of the Treasury, or any
			 delegate of the Secretary, shall not implement or enforce any provisions of or
			 amendments made by Public Law 111–148 or 111–152.


116 HR 7320 IH: To amend the Small Business Act to require equitable adjustments to certain construction contracts, and for other purposes.
U.S. House of Representatives
2020-06-24
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
116th CONGRESS2d Session
H. R. 7320
IN THE HOUSE OF REPRESENTATIVES

June 24, 2020
Mr. Stauber (for himself and Mr. Golden) introduced the following bill; which was referred to the Committee on Small Business

A BILL
To amend the Small Business Act to require equitable adjustments to certain construction contracts, and for other purposes.

1.Equitable adjustments to certain construction contracts
(a)In generalThe Small Business Act (15 U.S.C. 631 et seq.) is amended by inserting after section 15 the following new section:  15a.Equitable adjustments to construction contracts (a)Request for an equitable adjustmentA small business concern performing a construction contract that was awarded by an agency may submit a request for an equitable adjustment to the contracting officer of such agency if the contracting officer directs a change in the work within the general scope of the contract without the agreement of the small business concern. Such request shall—
(1)be timely made pursuant to the terms of the contract; and (2)comply with Federal regulations regarding equitable adjustments, including specifying additional costs resulting from such change in the work within the general scope of the contract.
(b)AmountUpon receipt of a request for equitable adjustment under subsection (a), the agency shall provide to the small business concern an interim partial payment in an amount that is at least 50 percent of the costs identified in the request for equitable adjustment under subsection (a)(2). (c)LimitationAny interim partial payment made under this section shall not be deemed to be an action to definitize the request for an equitable adjustment.
(d)Flow-Down of interim partial payment amountsA small business concern that requests an equitable adjustment under this section shall pay to a first tier subcontractor or supplier the portion of the interim partial payment received that is attributable to the increased costs of performance incurred by the first tier subcontractor or supplier due to the change in the work within the general scope of the contract. A subcontractor or supplier at any tier that receives a portion of an interim partial payment under this section shall pay its subcontractor or supplier the appropriate portion of such payment.. (b)ImplementationThe Administrator of the Small Business Administration shall implement the requirements of this section not later than the first day of the first full fiscal year beginning after the date of the enactment of this Act.


115 HR 717 RH: Listing Reform Act
U.S. House of Representatives
2017-01-27
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.

		IB
		Union Calendar No. 421
		115th CONGRESS2d Session
		H. R. 717
		[Report No. 115–560]
		IN THE HOUSE OF REPRESENTATIVES

			January 27, 2017
			Mr. Olson (for himself, Mr. Burgess, Mr. Gohmert, and Mr. Babin) introduced the following bill; which was referred to the Committee on Natural Resources

		February 15, 2018Additional sponsors: Mr. Gosar, Mr. Gianforte, and Mr. Sessions
			February 15, 2018
			Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

		A BILL
		To amend the Endangered Species Act of 1973 to require review of the economic cost of adding a
			 species to the list of endangered species or threatened species, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Listing Reform Act. 2.Consideration of economic cost in review of listing petitions under Endangered Species Act of 1973 (a)Consideration requiredSection 4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)) is amended—
 (1)in subparagraph (A)— (A)by striking To the maximum extent practicable, within 90 days after and inserting (i) After; and
 (B)by adding at the end the following:  (ii)The Secretary may prioritize the consideration of petitions under this subparagraph other than in the order in which the petitions are received, except the Secretary may not give general priority to petitions to add species to such a list over petitions to remove a species from such a list.;
 (2)in subparagraph (B)— (A)in the matter preceding clause (i), by striking Within 12 months and inserting As expeditiously as practicable.
					(b)Consideration of significant, cumulative economic effects
 (1)In generalSection 4(b)(3)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)) is amended by adding at the end the following:

						(iv)
 (I)In the case of a petition to add a species to a list of threatened species, the petitioned action may be warranted but is precluded due to the likelihood of significant, cumulative economic effects that would result from listing or, to the extent it can be determined, from the likely resulting designation of critical habitat of the species.
 (II)The Secretary may not reconsider such finding unless— (aa)the Secretary determines there is endangerment of extinction of the species; or
 (bb)the Secretary receives a new petition to add such species to such list that includes a written qualitative and quantitative analyses reexamining the incremental and significant, cumulative economic effects of likely actions to protect the petitioned species and its potential habitat upon each State and locality that is affected by the petitioned species listing and that, in the opinion of the Secretary, credibly concludes that alternative actions are possible other than those resulting in significant, cumulative economic effects.
 (III)In this clause the term significant, cumulative economic effects includes economic effects on— (aa)public land and, to the maximum extent practicable, private land and property values;
 (bb)the provision of water, power, or other public services; (cc)employment; and
 (dd)revenues available for State and local governments.. (2)Conforming amendmentSection 4(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(1)) is amended by inserting (except as provided in clause (iv) of paragraph (3)(B)) after solely.

		February 15, 2018
		Committed to the Committee of the Whole House on the State of the Union and ordered to be printed


		II
		110th CONGRESS
		1st Session
		S. 2476
		IN THE SENATE OF THE UNITED STATES

			December 13, 2007
			Mrs. Clinton introduced
			 the following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Public Health Service Act to improve
		  immunization rates by increasing the supply of vaccines.

		1.Short titleThis Act may be cited as the
			 Improved Vaccine Supply
			 Act.
		2.Supply of
			 vaccinesTitle XXI of the
			 Public Health Service Act (42 U.S.C.
			 300aa–1 et seq.) is amended by adding at the end the following:

				3Adequate Vaccine
				Supply
					2141.Supply of
				vaccines
						(a)In
				General
							(1)PlanNot
				later than 3 months after the date of enactment of this section, the Secretary,
				acting through the Director of the Centers for Disease Control and Prevention,
				shall develop a plan for the purchase, storage, and rotation of a supply of
				vaccines sufficient to provide routinely recommended vaccinations for a 6-month
				period for—
								(A)a national
				stockpile of vaccines for all children as authorized under section 1928(d)(6)
				of the Social Security Act (42 U.S.C.
				1396s(d)(6)); and
								(B)adults.
								(2)SupplyThe
				supply of vaccines under paragraph (1) shall—
								(A)include all
				vaccines routinely recommended for children by the Advisory Committee on
				Immunization Practices;
								(B)include all
				vaccines routinely recommended for adults by the Advisory Committee on
				Immunization Practices; and
								(C)include other
				vaccines, as designated by the Secretary, that contribute to public health
				preparedness efforts.
								(3)Supply
				authorityThe Secretary shall carry out—
								(A)paragraph (2)(A)
				using the authority provided for under section 1928(d)(6) of the
				Social Security Act (42 U.S.C.
				1396s(d)(6)); and
								(B)paragraph (2)(B)
				using—
									(i)the authority
				provided for under section 317; and
									(ii)any other
				authority relating to the vaccines described in such paragraph.
									(b)Submission of
				Plan
							(1)In
				generalNot later than 6 months after the date of enactment of
				this section, the Secretary shall submit the plan developed under subsection
				(a) to—
								(A)the Committee on
				Health, Education, Labor, and Pensions of the Senate;
								(B)the Committee on
				Finance of the Senate; and
								(C)the Committee on
				Energy and Commerce of the House of Representatives.
								(2)InclusionsThe
				plan shall include a discussion of the considerations that formed—
								(A)the basis for the
				plan; and
								(B)the
				prioritization of the schedule for purchasing vaccines set forth in the
				plan.
								(c)Implementation
				of the PlanNot later than September 30, 2008, the Secretary
				shall fully implement the plan developed under subsection (a).
						(d)Notice
							(1)In
				generalFor the purposes of maintaining and administering the
				supply of vaccines described under subsection (a), the Secretary shall require
				by contract that the manufacturer of a vaccine included in such supply provide
				not less than 1 year notice to the Secretary of a discontinuance of the
				manufacture of the vaccine, or of other factors, that may prevent the
				manufacturer from providing vaccines pursuant to an arrangement made to carry
				out this section.
							(2)Reduction of
				period of noticeThe notification period required under paragraph
				(1) may be reduced if the manufacturer certifies to the Secretary that good
				cause exists for reduction, under the conditions described in section 506C(b)
				of the Federal Food, Drug, and Cosmetic
				Act (21 U.S.C. 356c).
							(e)ProceedsAny
				proceeds received by the Secretary from the sale of vaccines contained in the
				supply maintained pursuant to this section, shall be available to the Secretary
				for the purpose of purchasing additional vaccines for the supply. Such proceeds
				shall remain available until expended.
						(f)Ongoing
				Reports
							(1)In
				generalNot later than 2 years after submitting the plan pursuant
				to subsection (b), and periodically thereafter, the Secretary shall submit a
				report to the Committees identified in subsection (b)(1) that—
								(A)details the
				progress made in implementing the plan developed under subsection (a);
				and
								(B)notes
				impediments, if any, to implementing the plan developed under subsection
				(a).
								(2)RecommendationThe
				Secretary shall include in the first of such reports required under paragraph
				(1)—
								(A)a recommendation
				as to whether the vaccine supply should be extended beyond the 6-month period
				provided in subsection (a); and
								(B)a discussion of
				the considerations that formed the recommendation under subparagraph
				(A).
								(g)Authorization
				of AppropriationsThere are authorized to be appropriated to
				carry out this section such sums as may be necessary for each of fiscal years
				2008 through
				2012.
						.


115 HR 5482 IH: Military Biodefense Readiness and Protection Act of 2018
U.S. House of Representatives
2018-04-12
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
115th CONGRESS2d Session
H. R. 5482
IN THE HOUSE OF REPRESENTATIVES

April 12, 2018
Mr. Bacon introduced the following bill; which was referred to the Committee on Armed Services

A BILL
To direct the Assistant Secretary of Defense for Health Affairs to develop a plan for countering emerging and deliberate infectious disease threats, and for other purposes.

1.Short titleThis Act may be cited as the Military Biodefense Readiness and Protection Act of 2018. 2.FindingsCongress finds the following:
(1)The 2014 Ebola crisis demonstrated the need for the Department of Defense to provide a prompt and efficient response to an outbreak of a highly infectious disease. (2)A future outbreak of an infectious disease is all but certain and the lessons learned from the 2014 Ebola crisis are directly applicable to the next crisis.
(3)It is critical that the Department of Defense take immediate action to ensure the joint force is protected from emerging infectious diseases and the potential deliberate use of infectious diseases threats, while also being prepared to conduct military operations in areas of increased risk as part of an international response to a future public health emergency. (4)To ensure mission effectiveness and force protection, the Department of Defense should work closely with the Department of State and the Department of Health and Human Services before, during, and after an infectious disease outbreak.
3.Plan for countering emerging and deliberate infectious disease threats
(a)PlanThe Assistant Secretary of Defense for Health Affairs, in coordination with the Assistant Secretary of Health and Human Services for Preparedness and Response, and in consultation with the Director of the Defense Advanced Research Program Agency, the Director of the Office of Net Assessment, and the head of the Defense Innovation Unit Experimental, shall develop a plan for countering emerging and deliberate infectious disease threats to ensure joint force health protection and the ability of the Armed Forces to conduct operations in an area subject to an emerging infectious disease threat. (b)Matters included (1)Focus areasThe plan developed under subsection (a) shall address the following:
(A)Detection and management of patients with emerging and high-consequence infections identified in the R&D Blueprint Priority Disease List of the World Health Organization, including novel emerging unknown pathogens classified as Disease X. (B)Improved point-of-care, point-of-need, and next-generation early detection diagnostics linked to disease surveillance, response planning, and information sharing networks.
(C)Evidence-based, best-practice clinical management protocols that include pre-specified data collection and analysis plans that are specifically tailored for enhanced survival of infectious disease casualties and near-time data generation in low-resource conditions. (D)Enhanced infection prevention and control standards, guidelines, and training, including new technologies for protecting health care workers.
(E)Improved capability for medical evacuation of patients with high-consequence infections. (F)Infectious disease emergency response teams to provide supplemental expertise and capability for dangerous pathogen infections patient management and movement in forward environments or in higher-level military medical treatment facilities.
(G)Acceleration of research and development of medical countermeasures, therapeutics, and vaccines against high-consequence infections, including the development of clinical trial networks capable of generating critical supplemental human data in support of licensure applications administered by the Food and Drug Administration. (H)Coordinated and rapid manufacturing response capacity and capabilities, using regional, flexible, scalable technologies and facilities, leveraging successful medical countermeasure development and manufacturing models implemented in the Department of Health and Human Services and other departments of the Federal Government.
(2)ScopeFor each area specified in paragraph (1), the plan shall include— (A)milestones and actions that can be carried out in both the one-year and five-year timeframes following the date of the plan, including with respect to operations, training, equipping, research, and technology development;
(B)an identification of the element of the Department of Defense to lead the Department in carrying out such actions; (C)the budget levels and priorities to carry out such actions; and
(D)an identification of opportunities to leverage the experience of the Department of State and the Department of Health and Human Services. (c)SubmissionNot later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense shall submit to Congress the plan developed under subsection (a), including identification of any legislative action or administrative action required to implement such plan.


117 SRES 277 ATS: Congratulating the University of Mississippi Rebels women's golf team on winning the 2021 National Collegiate Athletic Association Division I women's golf championship.
U.S. Senate

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

III117th CONGRESS1st SessionS. RES. 277IN THE SENATE OF THE UNITED STATESJune 17, 2021Mr. Wicker (for himself and Mrs. Hyde-Smith) submitted the following resolution; which was considered and agreed toRESOLUTIONCongratulating the University of Mississippi Rebels women's golf team on winning the 2021 National Collegiate Athletic Association Division I women's golf championship.Whereas, on Wednesday, May 26, 2021, the University of Mississippi Rebels women's golf team won the 2021 National Collegiate Athletic Association (referred to in this preamble as the NCAA) Division I women's golf championship at Grayhawk Golf Club in Scottsdale, Arizona;Whereas, on winning the 2021 NCAA Division I women's golf championship, the University of Mississippi women's golf team became the first women's team in University history to win an NCAA national championship;Whereas the University of Mississippi women's golf team claimed the first NCAA national championship in a team sport for the University since the football team won the 1962 NCAA Division I football championship;Whereas the appearance of the University of Mississippi women's golf team in the NCAA Division I women's golf championship was the first appearance in an NCAA national championship game for an athletics team of the University since 1995;Whereas the University of Mississippi women's golf team defeated the second place Oklahoma State University Cowgirls 4–1 in match play;Whereas Chiarra Tamburlini secured a 6-and-5 win, the largest margin of victory in NCAA championship match history;Whereas the University of Mississippi women's golf team was under the leadership of 2020 Southeastern Conference (referred to in this preamble as the SEC) Coach of the Year Kory Henkes and Assistant Coach Zack Byrd;Whereas Coach Kory Henkes has led the University of Mississippi women's golf team to incredible success during her 6 seasons at the helm, including last season, when she led the program to 4 team tournament titles and set the record for most wins in a single season;Whereas Julia Johnson was named a first-team All-American and first-team All-SEC;Whereas Kennedy Swann was named second-team All-SEC, with the national championship bringing her career record in match play to 10–2;Whereas members of the University of Mississippi women's golf team have been honored by various awards throughout the 2020–2021 season, including the selection of Julia Johnson to represent the United States in the Arnold Palmer Cup;Whereas the University of Mississippi now boasts 26 total NCAA national championships;Whereas the University of Mississippi women's golf team was ranked 5th in the United States by Golfweek and the Golfstat Team Rankings;Whereas the University of Mississippi women's golf team, composed of Julia Johnson, Kennedy Swann, Chiarra Tamburlini, and teammates McKinley Cunningham, Ellen Hume, Ellen Hutchinson-Kay, Andrea Lignell, Macy Somoskey, and Smilla Sonderby displayed outstanding dedication, teamwork, and sportsmanship throughout the 2020–2021 season; andWhereas the University of Mississippi women's golf team has brought great pride and honor—(1)to the University of Mississippi; (2)to loyal fans of the University of Mississippi; and (3)to the entire State of Mississippi: Now, therefore, be itThat the Senate—(1)congratulates the University of Mississippi women's golf team, including the athletes, coaches, faculty, students, and alumni of the University of Mississippi, on winning the 2021 National Collegiate Athletic Association Division I women's golf championship;(2)recognizes the University of Mississippi for its excellence as an institution of higher education; and(3)respectfully requests that the Secretary of the Senate transmit an enrolled copy of this resolution to— (A)the Chancellor of the University of Mississippi, Dr. Glenn Boyce;(B)the Athletic Director of the University of Mississippi, Keith Carter; and(C)the head coach of the University of Mississippi women's golf team, Kory Henkes.


115 HRES 307 IH: Expressing the sense of the House of Representatives relating to protecting freedom of speech, thought, and expression at institutions of higher education.
U.S. House of Representatives
2017-05-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
115th CONGRESS
1st Session
H. RES. 307
IN THE HOUSE OF REPRESENTATIVES

May 3, 2017
Mr. Roe of Tennessee (for himself, Mr. Allen, Mr. Rokita, Mr. Grothman, Mr. Lewis of Minnesota, Mr. Byrne, and Mr. Raskin) submitted the following resolution; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

RESOLUTION
Expressing the sense of the House of Representatives relating to protecting freedom of speech, thought, and expression at institutions of higher education.

Whereas in Healy v. James, 408 U.S. 169 (1972), the Supreme Court of the United States held that the First Amendment applies in full force on public college and university campuses;  Whereas in Widmar v. Vincent, 454 U.S. 263 (1981), the Supreme Court of the United States observed that the campus of a public university, at least for its students, possesses many of the characteristics of a public forum;
Whereas lower Federal courts have also held that the open, outdoor areas of public college and university campuses are public forums;  Whereas section 112(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1011a(a)(2)) contains a sense of Congress noting that an institution of higher education should facilitate the free and open exchange of ideas, students should not be intimidated, harassed, discouraged from speaking out, or discriminated against, students should be treated equally and fairly, and nothing in this paragraph shall be construed to modify, change, or infringe upon any constitutionally protected religious liberty, freedom, expression, or association;
Whereas despite the clarity of the applicable legal precedent and the vital importance of protecting our Nation’s public colleges as true marketplaces of ideas, the Foundation for Individual Rights in Education has found that roughly 1 in 10 of America’s top colleges and universities quarantine student expression to so-called free speech zones, that more than 20 speakers were disinvited from speaking on campuses in 2016, and a survey of 449 schools found that almost 40 percent maintain severely restrictive speech codes that clearly and substantially prohibit constitutionally protected speech;  Whereas according to the American Civil Liberties Union, Speech codes adopted by government-financed state colleges and universities amount to government censorship, in violation of the Constitution. And the ACLU believes that all campuses should adhere to First Amendment principles because academic freedom is a bedrock of education in a free society.;
Whereas in December 2014, the University of Hawaii at Hilo settled a lawsuit for $50,000 after it was sued in Federal court for prohibiting students from protesting the National Security Agency, unless those students were standing in the institution’s tiny, flood-prone free speech zone;  Whereas in July 2015, California State Polytechnic University, Pomona, settled a lawsuit for $35,000 after it was sued in Federal court for prohibiting a student from handing out flyers about animal abuse outside of the school’s free speech zone, comprising less than 0.01 percent of campus;
Whereas in May 2016, a student-plaintiff settled her lawsuit against Texas’ Blinn College for $50,000 after administrators told her she needed special permission to advocate for Second Amendment rights outside of the school’s tiny free speech zone;  Whereas in September 2016, two students from the Kellogg Community College in Battle Creek, Michigan, were arrested for handing out copies of the Constitution while talking with their fellow students on a sidewalk;
Whereas a policy of the Los Angeles Community College District—the largest community college district in the country—declares that all of its campuses are considered non-public forums, except for those portions of each college designated as Free Speech Areas are hereby designated as limited public forums, which designation may be removed and reverted to non-public forum designation by the Board of Trustees.;  Whereas in March 2017, a student sued officials of Los Angeles Pierce College and the Los Angeles Community College District after administrators at Pierce College told him that he could not distribute Spanish-language copies of the Constitution on campus unless he was standing in the college’s free speech zone, which comprises approximately .003 percent of the total area of Pierce College’s 426 acres;
Whereas the States of Virginia, Missouri, Arizona, Kentucky, Colorado, and Utah have passed legislation prohibiting public colleges and universities from quarantining expressive activities on the open outdoor areas of campuses to misleadingly labeled free speech zones;  Whereas free speech zones have been used to restrict political speech from all parts of the political spectrum, and have thus inhibited the free exchange of ideas at campuses across the country; and
Whereas in March 2017, Middlebury College students and protesters from the community prevented an invited speaker from giving his presentation and then attacked his car and assaulted a professor as the two attempted to leave, resulting in the professor suffering a concussion: Now, therefore, be it  That it is the sense of the House of Representatives that—
(1)free speech zones and restrictive speech codes are inherently at odds with the freedom of speech guaranteed by the First Amendment of the Constitution; and  (2)institutions of higher education should facilitate and recommit themselves to protecting the free and open exchange of ideas.


109 HR 3434 IH: To amend title 38, United States Code, to establish a presumption of service-connection for certain veterans with Hepatitis C, and for other purposes.
U.S. House of Representatives
2005-07-26
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. 3434
IN THE HOUSE OF REPRESENTATIVES

July 26, 2005
Mr. Andrews introduced the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL
To amend title 38, United States Code, to establish a presumption of service-connection for certain veterans with Hepatitis C, and for other purposes.

1.Presumption of service-connection for certain veterans with Hepatitis C
(a)PresumptionSection 1112 of title 38, United States Code, is amended by adding at the end the following:

(d)
(1)For the purposes of section 1110 of this title, and subject to the provisions of section 1113 of this title, the disease Hepatitis C becoming manifest to a degree of 10 percent or more in any veteran described in paragraph (2) after active military, naval, or air service covered by that paragraph shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of evidence of that disease during such service.
(2)Paragraph (1) applies in the case of the following:
(A)Veterans who received during a period of service before December 31, 1992, a transfusion of blood or blood products.
(B)Veterans who were exposed to blood on or through the skin or a mucous membrane during a period of service.
(C)Veterans who underwent hemodyalisis during a period of service.
(D)Veterans who experienced a needle-stick accident or medical event involving a needle, not due to the veteran’s own willful misconduct, during a period of service.
(E)Veterans diagnosed with unexplained liver disease during a period of service.
(F)Veterans who experienced an unexplained liver dysfunction value or test during a period of service.
(G)Veterans who served in a health-care position or specialty during a period of service under such circumstances as the Secretary shall prescribe for purposes of this subsection..
(b)Effective dateThe amendment made by subsection (a) shall take effect on the date of the enactment of this Act. No benefit may be paid or provided by reason of that amendment for any period before such date.


109 HR 1455 IH: To amend title 5 and title 3, United States Code, to include the Department of Homeland Security and the Secretary of Homeland Security in lists of executive departments and officers.
U.S. House of Representatives
2005-04-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1455
IN THE HOUSE OF REPRESENTATIVES

April 5, 2005
Mr. Tom Davis of Virginia (for himself and Mr. Platts) introduced the following bill; which was referred to the Committee on Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend title 5 and title 3, United States Code, to include the Department of Homeland Security and the Secretary of Homeland Security in lists of executive departments and officers.

1.Inclusion of Department of Homeland Security in list of executive departmentsSection 101 of title 5, United States Code, is amended by inserting after The Department of Justice. the following:
The Department of Homeland Security..
2.Inclusion of Secretary of Homeland Security in list of Presidential successorsSection 19(d)(1) of title 3, United States Code, is amended by inserting Secretary of Homeland Security, after Attorney General,.


		II
		Calendar No. 795
		110th CONGRESS
		2d Session
		S. 2229
		[Report No. 110–363]
		IN THE SENATE OF THE UNITED STATES

			October 25, 2007
			Mr. Barrasso (for
			 himself and Mr. Enzi) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			June 16, 2008
			Reported by Mr.
			 Bingaman, with an amendment
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To withdraw certain Federal land in the Wyoming Range
		  from leasing and provide an opportunity to retire certain leases in the Wyoming
		  Range.

		1.Short titleThis Act may be cited as the
			 Wyoming Range Legacy Act of
			 2007.
		2.Findings and
			 purposes
			(a)FindingsCongress
			 finds that—
				(1)the Wyoming Range,
			 a rugged chain of mountains running north-south for greater than 100 miles in
			 western Wyoming, managed by the Bridger-Teton National Forest, contains some of
			 the finest scenic views, wildlife habitat, and outdoor recreational
			 opportunities in the State of Wyoming;
				(2)the Wyoming Range
			 provides world-class hunting and fishing opportunities;
				(3)many area
			 outfitters, ranchers, and businesses rely on the habitat and recreational
			 values of the Wyoming Range remaining undiminished;
				(4)energy development
			 on Federal land in the State of Wyoming contributes significantly to domestic
			 energy production in the United States; and
				(5)consistent with
			 the multiple use mandate for national forest land, currently producing oil and
			 gas leases within the Wyoming Range would be unaffected by this Act.
				(b)PurposesThe
			 purpose of this Act are—
				(1)to establish the
			 Wyoming Range Withdrawal Area, which would withdraw areas in the Wyoming Range
			 portion of the Bridger-Teton National Forest from location, entry, leasing, and
			 patent under the mining laws; and
				(2)to allow for the
			 retirement of existing oil and gas leases within the Wyoming Range Withdrawal
			 Area that are relinquished or otherwise acquired by the United States.
				3.Withdrawal of
			 certain land in the Wyoming Range
			(a)In
			 generalSubject to valid rights in existence on the date of
			 enactment of this Act and subsections (c) and (d) (including valid rights under
			 leases in effect on the date of enactment of this Act), land in the Wyoming
			 Range described in subsection (b) is withdrawn from—
				(1)all forms of
			 appropriation or disposal under the public land laws;
				(2)location, entry,
			 and patent under the mining laws; and
				(3)disposition under
			 laws relating to mineral and geothermal leasing or mineral materials.
				(b)Covered
			 landSubsection (a) applies to all Forest Service land and
			 federally owned minerals located within the boundaries of the Bridger-Teton
			 National Forest identified on the map entitled Wyoming Range Withdrawal
			 Area and dated October 17, 2007, on file with the Office of the Chief
			 of the Forest Service and the Office of the Supervisor of the Bridger-Teton
			 National Forest.
			(c)Existing
			 rightsIf an existing right to land otherwise withdrawn from
			 leasing under this section is relinquished or otherwise acquired by the United
			 States after the date of enactment of this Act, the land subject to the
			 existing right is withdrawn from leasing in accordance with this
			 section.
			(d)BuffersNothing
			 in this section requires—
				(1)the creation of a
			 protective perimeter or buffer area outside the boundaries of the land
			 withdrawn under this section; or
				(2)any prohibition on
			 activities that can be seen or heard from within the boundaries of the land
			 withdrawn under this section.
				(e)Forest
			 PlanThe Bridger-Teton National Forest Plan (including any
			 revisions) shall apply to any land within the Bridger-Teton National Forest
			 that is not withdrawn under this section and any leases of that land.
			4.Retirement of
			 certain leases in the Wyoming Range
			(a)Request for
			 lease retirementA lessee of a valid existing Federal oil, gas,
			 or other mineral lease within the Wyoming Range Withdrawal Area covered by
			 section 3(b) may submit a written request to the Secretary of the Interior
			 (referred to in this section as the Secretary) for the
			 retirement and repurchase of the lease.
			(b)Authority of
			 SecretaryThe Secretary may use non-Federal funds to purchase any
			 lease from a lessee who requests retirement and repurchase of the lease under
			 subsection (a).
			(c)Amount
				(1)In
			 generalSubject to paragraphs (2) and (3), the amount of the
			 purchase price for a lease retired under this section shall be based on fair
			 market value, as determined from an appraisal that is agreed to by the
			 Secretary and the lessee.
				(2)Donations
			 authorizedA lessee may—
					(A)waive a claim to
			 compensation, in whole or in part, under this section; and
					(B)donate to the
			 Secretary a valid existing lease in the Wyoming Range Withdrawal Area.
					(3)Acceptance of
			 other compensationNothing in this Act limits compensation from a
			 private, State, or other source in lieu of, or in addition to, receiving
			 compensation under this section.
				(d)Cancellation of
			 repurchased and donated leases
				(1)CancellationThe
			 Secretary shall cancel each lease that is acquired under this section.
				(2)WithdrawalLand
			 that is subject to a lease that is cancelled under paragraph (1) is withdrawn
			 in accordance with section 3.
				(e)Notification of
			 leaseholdersNot later than 120 days after the date of enactment
			 of this Act, the Secretary shall provide notice to holders of valid existing
			 Federal leases within the Wyoming Range Withdrawal Area of the opportunity for
			 repurchase and retirement under this section.
			(f)Relationship to
			 other authorityNothing in this section affects any authority the
			 Secretary may otherwise have to modify, suspend, or terminate a lease without
			 compensation.

		1.Short titleThis Act may be cited as the
			 Wyoming Range Legacy Act of
			 2008.
		2.DefinitionsIn this Act:
			(1)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(2)Wyoming Range
			 Withdrawal AreaThe term
			 Wyoming Range Withdrawal Area means all National Forest System
			 land and federally owned minerals located within the boundaries of the
			 Bridger-Teton National Forest identified on the map entitled Wyoming
			 Range Withdrawal Area and dated October 17, 2007, on file with the
			 Office of the Chief of the Forest Service and the Office of the Supervisor of
			 the Bridger-Teton National Forest.
			3.Withdrawal of certain
			 land in the Wyoming range
			(a)WithdrawalExcept
			 as provided in subsection (f), subject to valid existing rights as of the date
			 of enactment of this Act and the provisions of this Act, land in the Wyoming
			 Range Withdrawal Area is withdrawn from—
				(1)all forms of
			 appropriation or disposal under the public land laws;
				(2)location, entry, and
			 patent under the mining laws; and
				(3)disposition under laws
			 relating to mineral and geothermal leasing.
				(b)Existing
			 rightsIf any right referred to in subsection (a) is relinquished
			 or otherwise acquired by the United States (including through donation under
			 section 4) after the date of enactment of this Act, the land subject to that
			 right shall be withdrawn in accordance with this section.
			(c)BuffersNothing
			 in this section requires—
				(1)the creation of a
			 protective perimeter or buffer area outside the boundaries of the Wyoming Range
			 Withdrawal Area; or
				(2)any prohibition on
			 activities outside of the boundaries of the Wyoming Range Withdrawal Area that
			 can be seen or heard from within the boundaries of the Wyoming Range Withdrawal
			 Area.
				(d)Land and Resource
			 Management Plan
				(1)In
			 generalSubject to paragraph (2), the Bridger-Teton National Land
			 and Resource Management Plan (including any revisions to the Plan) shall apply
			 to any land within the Wyoming Range Withdrawal Area.
				(2)ConflictsIf
			 there is a conflict between this Act and the Bridger-Teton National Land and
			 Resource Management Plan, this Act shall apply.
				(e)Prior lease
			 salesNothing in this section prohibits the Secretary from taking
			 any action necessary to issue, deny, remove the suspension of, or cancel a
			 lease, or any sold lease parcel that has not been issued, pursuant to any lease
			 sale conducted prior to the date of enactment of this Act, including the
			 completion of any requirements under the
			 National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
			 seq.).
			(f)ExceptionNotwithstanding
			 the withdrawal in subsection (a), the Secretary may lease oil and gas resources
			 in the Wyoming Range Withdrawal Area that are within 1 mile of the boundary of
			 the Wyoming Range Withdrawal Area in accordance with the Mineral Leasing Act
			 (30 U.S.C. 181 et seq.) and subject to the following conditions:
				(1)The lease may only be
			 accessed by directional drilling from a lease held by production on the date of
			 enactment of this Act on National Forest System land that is adjacent to, and
			 outside of, the Wyoming Range Withdrawal Area.
				(2)The lease shall prohibit,
			 without exception or waiver, surface occupancy and surface disturbance for any
			 activities, including activities related to exploration, development, or
			 production.
				(3)The directional drilling
			 may extend no further than 1 mile inside the boundary of the Wyoming Range
			 Withdrawal Area.
				4.Acceptance of the
			 donation of valid existing mining or leasing rights in the Wyoming
			 range
			(a)Notification of
			 leaseholdersNot later than 120 days after the date of enactment
			 of this Act, the Secretary shall provide notice to holders of valid existing
			 mining or leasing rights within the Wyoming Range Withdrawal Area of the
			 potential opportunity for repurchase of those rights and retirement under this
			 section.
			(b)Request for lease
			 retirement
				(1)In
			 generalA holder of a valid existing mining or leasing right
			 within the Wyoming Range Withdrawal Area may submit a written notice to the
			 Secretary of the interest of the holder in the retirement and repurchase of
			 that right.
				(2)List of interested
			 holdersThe Secretary shall prepare a list of interested holders
			 and make the list available to any non-Federal entity or person interested in
			 acquiring that right for retirement by the Secretary.
				(c)ProhibitionThe
			 Secretary may not use any Federal funds to purchase any right referred to in
			 subsection (a).
			(d)Donation
			 authorityThe Secretary shall—
				(1)accept the donation of
			 any valid existing mining or leasing right in the Wyoming Range Withdrawal Area
			 from the holder of that right or from any non-Federal entity or person that
			 acquires that right; and
				(2)on acceptance, cancel
			 that right.
				(e)Relationship to other
			 authorityNothing in this Act affects any authority the Secretary
			 may otherwise have to modify, suspend, or terminate a lease without
			 compensation, or to recognize the transfer of a valid existing mining or
			 leasing right, if otherwise authorized by law.

		June 16, 2008
		Reported with an amendment