		I
		111th CONGRESS
		1st Session
		H. R. 604
		IN THE HOUSE OF REPRESENTATIVES

			January 16, 2009
			Mr. Bishop of Utah
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources, and in addition to the Committees on
			 Energy and Commerce and
			 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 concerned

		A BILL
		To provide for a land exchange with the City of
		  Bountiful, Utah, involving National Forest System land in the Wasatch-Cache
		  National Forest and to further land ownership consolidation in that national
		  forest, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Bountiful City Land Consolidation
			 Act.
		2.DefinitionsIn this Act:
			(1)CityThe
			 term City means the City of Bountiful, Utah.
			(2)Federal
			 landThe term Federal land means the land under
			 the jurisdiction of the Secretary identified on the map as Shooting
			 Range Special Use Permit Area.
			(3)MapThe
			 term map means the map entitled Bountiful City Land
			 Consolidation Act and dated October 15, 2007.
			(4)Non-federal
			 landThe term non-Federal land means the 3 parcels
			 of City land comprising a total of approximately 1,680 acres, as generally
			 depicted on the map.
			(5)SecretaryThe
			 term Secretary means the Secretary of Agriculture.
			3.Land exchange,
			 Wasatch-Cache National Forest, Utah
			(a)In
			 GeneralSubject to
			 subsections (c) through (g), if the City of Bountiful, Utah, conveys to the
			 Secretary of Agriculture all right, title, and interest of the City in and to
			 the non-Federal land, the Secretary shall convey to the City all right, title,
			 and interest of the United States in and to the Federal land.
			(b)Availability of
			 MapThe map shall be on file and available for public inspection
			 in the appropriate offices of the Forest Service.
			(c)Valuation and
			 Equalization
				(1)ValuationThe
			 value of the Federal land and the non-Federal land to be conveyed under
			 subsection (a)—
					(A)shall be equal, as
			 determined by appraisals carried out in accordance with section 206 of the
			 Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); or
					(B)if not equal,
			 shall be equalized in accordance with paragraph (2).
					(2)EqualizationIf
			 the value of the Federal land and the non-Federal land to be conveyed in a land
			 exchange under this section is not equal, the value may be equalized by—
					(A)making a cash
			 equalization payment to the Secretary or to the City, as appropriate; or
					(B)reducing the
			 acreage of the Federal land or the non-Federal land to be exchanged, as
			 appropriate.
					(d)Applicable
			 LawSection 206 of the Federal Land Policy and Management Act of
			 1976 (43 U.S.C. 1716) shall apply to the land exchange authorized under
			 subsection (a), except that the Secretary may accept a cash equalization
			 payment in excess of 25 percent of the value of the Federal land.
			(e)Conditions
				(1)Liability
					(A)In
			 generalAs a condition of the exchange under subsection (a), the
			 Secretary shall—
						(i)require that the
			 City—
							(I)assume all
			 liability for the shooting range located on the Federal land, including the
			 past, present, and future condition of the Federal land; and
							(II)hold the United
			 States harmless for any liability for the condition of the Federal land;
			 and
							(ii)comply with the
			 hazardous substances disclosure requirements of section 120(h) of the
			 Comprehensive Environmental Response, Compensation, and Liability Act of 1980
			 (42 U.S.C. 9620(h)).
						(B)LimitationClauses
			 (ii) and (iii) of section 120(h)(3)(A) of the Comprehensive Environmental
			 Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)(A))
			 shall not apply to the conveyance of Federal land under subsection (a).
					(2)Additional terms
			 and conditionsThe land exchange under subsection (a) shall be
			 subject to—
					(A)valid existing
			 rights; and
					(B)such additional
			 terms and conditions as the Secretary may require.
					(f)Management of
			 Acquired LandThe non-Federal land acquired by the Secretary
			 under subsection (a) shall be—
				(1)added to, and
			 administered as part of, the Wasatch-Cache National Forest; and
				(2)managed by the
			 Secretary in accordance with—
					(A)the Act of March
			 1, 1911 (commonly known as the Weeks Law; 16 U.S.C. 480 et seq.); and
					(B)any laws
			 (including regulations) applicable to the National Forest System.
					(g)Easements;
			 Rights-of-Way
				(1)Bonneville
			 shoreline trail easementIn carrying out the land exchange under
			 subsection (a), the Secretary shall ensure that an easement not less than 60
			 feet in width is reserved for the Bonneville Shoreline Trail.
				(2)Other
			 rights-of-wayThe Secretary and the City may reserve any other
			 rights-of-way for utilities, roads, and trails that—
					(A)are mutually
			 agreed to by the Secretary and the City; and
					(B)the Secretary and
			 the City consider to be in the public interest.
					(h)Disposal of
			 Remaining Federal Land
				(1)In
			 generalThe Secretary may, by sale or exchange, dispose of all,
			 or a portion of, the parcel of National Forest System land comprising
			 approximately 220 acres, as generally depicted on the map that remains after
			 the conveyance of the Federal land authorized under subsection (a), if the
			 Secretary determines, in accordance with paragraph (2), that the land or
			 portion of the land is in excess of the needs of the National Forest
			 System.
				(2)RequirementsA
			 determination under paragraph (1) shall be made—
					(A)pursuant to an
			 amendment of the land and resource management plan for the Wasatch-Cache
			 National Forest; and
					(B)after carrying out
			 a public process consistent with the National Environmental Policy Act of 1969
			 (42 U.S.C. 4321 et seq.).
					(3)ConsiderationAs
			 consideration for any conveyance of Federal land under paragraph (1), the
			 Secretary shall require payment of an amount equal to not less than the fair
			 market value of the conveyed National Forest System land.
				(4)Relation to
			 other lawsAny conveyance of Federal land under paragraph (1) by
			 exchange shall be subject to section 206 of the Federal Land Policy and
			 Management Act of 1976 (43 U.S.C. 1716).
				(5)Disposition of
			 proceedsAny amounts received by the Secretary as consideration
			 under subsection (c) or paragraph (3) shall be—
					(A)deposited in the
			 fund established under Public Law 90–171 (commonly known as the Sisk Act; 16
			 U.S.C. 484a); and
					(B)available to the
			 Secretary, without further appropriation and until expended, for the
			 acquisition of land or interests in land to be included in the Wasatch-Cache
			 National Forest.
					(6)Additional terms
			 and conditionsAny conveyance of Federal land under paragraph (1)
			 shall be subject to—
					(A)valid existing
			 rights; and
					(B)such additional
			 terms and conditions as the Secretary may require.


114 HR 5945 IH: Ready to Work Act of 2016
U.S. House of Representatives
2016-09-07
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.

I114th CONGRESS2d SessionH. R. 5945IN THE HOUSE OF REPRESENTATIVESSeptember 7, 2016Mr. Brady of Texas (for himself, Mr. Sam Johnson of Texas, Mr. Boustany, Mr. Tom Price of Georgia, Mr. Smith of Nebraska, Mr. Reed, Mr. Kelly of Pennsylvania, Mr. Holding, Mr. Smith of Missouri, Mr. Rice of South Carolina, and Mr. Roskam) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend title III of the Social Security Act to allow States to drug test applicants for
			 unemployment compensation to ensure they are ready to work.

 1.Short titleThis Act may be cited as the Ready to Work Act of 2016. 2.Amendment allowing States to make determinations regarding occupations that regularly conduct drug testing (a)AmendmentSection 303(l)(1)(A)(ii) of the Social Security Act (42 U.S.C. 503(l)(1)(A)(ii)) is amended by striking as determined under regulations issued by the Secretary of Labor and inserting as determined by the State.
 (b)Termination of authority of existing regulationsThe final rule issued by the Department of Labor on August 1, 2016, entitled Federal-State Unemployment Compensation Program; Middle Class Tax Relief and Job Creation Act of 2012 Provision on Establishing Appropriate Occupations for Drug Testing of Unemployment Compensation Applicants (81 Fed. Reg. 50298), shall have no force or effect.


		IV
		111th CONGRESS
		1st Session
		H. RES. 986
		IN THE HOUSE OF REPRESENTATIVES

			December 16, 2009
			Mr. Brady of
			 Pennsylvania (for himself, Mr. Adler of
			 New Jersey, Mr. Fattah,
			 Mr. Gerlach,
			 Ms. Schwartz,
			 Mr. Kanjorski,
			 Mr. Neal of Massachusetts,
			 Mr. Pierluisi,
			 Mr. Welch,
			 Mr. Doyle,
			 Mr. Patrick J. Murphy of Pennsylvania,
			 Mr. Payne, and
			 Ms. Linda T. Sánchez of California)
			 submitted the following resolution; which was referred to the
			 Committee on Oversight and Government
			 Reform

		RESOLUTION
		Supporting a national and international
		  celebration commemorating the 250th anniversary of the United States of
		  America’s birth, to be held throughout the year 2026, focused on the Greater
		  Philadelphia Region in the Commonwealth of Pennsylvania, the State of Delaware,
		  and the State of New Jersey.

		Whereas, on July 4, 1776, in Philadelphia, Pennsylvania,
			 the members of the Second Continental Congress adopted The Unanimous
			 Declaration of the Thirteen United States of America, popularly known
			 as the Declaration of Independence, asserting independence from Great
			 Britain;
		Whereas the tri-state Greater Philadelphia Region played a
			 pivotal role in the founding of the United States of America;
		Whereas the Greater Philadelphia Region was the site of
			 the meeting of the First and Second Continental Congresses, the drafting and
			 signing of the Declaration of Independence and the United States Constitution,
			 seminal battles of the Revolutionary War such as Princeton and Brandywine, and
			 the historic encampment at Valley Forge;
		Whereas individuals from diverse ethnic backgrounds, free
			 and enslaved Africans, and members of the Oneida Nation fought side by side in
			 the Revolutionary War to obtain liberty for all, thereby making the anniversary
			 of the founding of the United States an occasion to celebrate both the Nation’s
			 diversity and the common pursuit of its peoples;
		Whereas several foreign governments and individuals from
			 nations such as France and Poland assisted the American colonies in their fight
			 for Independence, and several nations such as Morocco were early supporters of
			 the young United States of America, thereby making the anniversary of the
			 founding of the United States an occasion for international celebration;
		Whereas the Greater Philadelphia Region has hosted major
			 celebrations honoring landmark anniversaries of the Nation’s birth, including
			 the Nation’s first world’s fair at the 1876 Centennial Exhibition, the
			 Sesquicentennial of 1926, and the Bicentennial of 1976;
		Whereas the Greater Philadelphia Region today contains
			 numerous historical sites connected to our Nation’s birth and
			 Revolutionary-period history, including Independence Hall and the Liberty Bell,
			 the Graff House site where Thomas Jefferson drafted the Declaration of
			 Independence, the site of Benjamin Franklin’s house, the City of Dover, where
			 Delaware became the first State to ratify the Constitution, Valley Forge
			 National Historical Park, Washington Crossing Historic Park, Trenton
			 Battlefield State Park, the President’s House in Philadelphia, the Betsy Ross
			 House, Fort Mifflin, Christ Church, and the National Constitution Center;
		Whereas the United States, through the National Park
			 Service, the Commonwealth of Pennsylvania, the State of New Jersey, the State
			 of Delaware, and numerous organizations have established extensive museums,
			 tours, exhibitions, and print and online materials focused on interpreting the
			 events and sites of 1776, and commemorating their significance in the Nation’s
			 founding history, military history, social and ethnic history, and history of
			 African and African-American peoples in the Americas;
		Whereas the year 2026 will mark the 250th anniversary of
			 the adoption of the Declaration of Independence and thereby our Nation’s
			 birth;
		Whereas a national celebration of the Nation’s birth in
			 2026 will provide a milestone opportunity to commemorate the Nation’s historic
			 achievements, progress in social and civil rights, and contemporary
			 patriotism;
		Whereas such a celebration will provide an important
			 opportunity to promote and celebrate the history, culture, traditions, and
			 experiences of the diverse peoples and groups that shaped our Nation’s history;
			 and
		Whereas it would be symbolically significant, educational,
			 and exciting for families and visitors to commemorate the Nation’s
			 bicenquinquagenary at the physical places where the Nation’s founding events
			 took place: Now, therefore, be it

		That the House of Representatives supports
			 a national and international celebration commemorating the 250th anniversary of
			 the United States of America’s birth, to be hosted by the Greater Philadelphia
			 Region in the Commonwealth of Pennsylvania, the State of Delaware, and the
			 State of New Jersey.


114 S1923 IS: Promoting Opportunity for Disability Benefit Applicants Act
U.S. Senate
2015-08-04
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.

II114th CONGRESS1st SessionS. 1923IN THE SENATE OF THE UNITED STATESAugust 4, 2015Mr. Hatch (for himself, Mr. Coats, Mr. Lankford, and Mr. Blunt) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend titles II and XVI of the Social Security Act to provide certain individuals with
			 information on employment support services.

 1.Short titleThis Act may be cited as the Promoting Opportunity for Disability Benefit Applicants Act. 2.Providing information on public or private employment support services (a)Amendment to title IITitle II of the Social Security Act (42 U.S.C. 401 et seq.) is amended by inserting after section 218 the following:

 219.Information on employment support servicesThe Commissioner of Social Security may provide individuals who are denied benefits under this title based on an adverse determination of disability information on appropriate public or private entities that provide employment services, vocational rehabilitation services, or other support services..
 (b)Amendment to title XVISection 1615 of such Act (42 U.S.C. 1382d) is amended by inserting after subsection (a) the following:

 (b)The Commissioner of Social Security may provide individuals who are denied benefits under this title based on an adverse determination of disability information on appropriate public or private entities that provide employment services, vocational rehabilitation services, or other support services..
 (c)Effective dateThe amendments made by subsections (a) and (b) shall apply with respect to applications for monthly benefits filed on or after the date that is 180 days after the date of the enactment of this Act.


116 HR 9025 IH: Intelligence Community Congressional Whistleblowing Improvement Act
U.S. House of Representatives
2020-12-18
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 CONGRESS2d SessionH. R. 9025IN THE HOUSE OF REPRESENTATIVESDecember 18, 2020Mr. Amash introduced the following bill; which was referred to the Permanent Select Committee on IntelligenceA BILLTo amend the National Security Act of 1947 to expand protected disclosures made by intelligence community whistleblowers to include disclosures made to Members of Congress, and for other purposes.1.Short titleThis Act may be cited as the Intelligence Community Congressional Whistleblowing Improvement Act. 2.Protected disclosures made to Members of Congress by intelligence community whistleblowers(a)Disclosures to Members under National Security Act of 1947(1)Disclosures to MembersSection 103H(k)(5) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended—(A)in subparagraph (C), by inserting or any Member of Congress designated by the employee who submits the complaint or information under subparagraph (A) after committees;(B)in subparagraph (D)—(i)in clauses (i) and (ii), by inserting , or any Member of Congress, after committees each place it appears; and(ii)in clause (iii)—(I)by striking A member or employee of one of the congressional intelligence committees and inserting A Member of Congress, including any Member of one of the congressional intelligence committees, or an employee of such a committee; and(II)by striking member each place it appears and inserting Member;(C)in subparagraph (I), by striking any member and inserting any Member of Congress, including any Member; and(D)by adding at the end the following new subparagraph:(J)In this paragraph, the term Member of Congress means a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico..(2)Prohibited personnel actionsSection 1104 of such Act (50 U.S.C. 3234) is amended—(A)in subsection (a), by adding at the end the following new paragraph:(5)Member of CongressThe term Member of Congress has the meaning given such term in section 103H(k)(5)(J) of this Act.; and(B)in subsections (b) and (c), by striking a member and inserting a Member of Congress, including any Member each place it appears.(b)Disclosures to Members under Central Intelligence Agency Act of 1949Section 17(d)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) is amended—(1)in subparagraph (C), by inserting or any Member of Congress designated by the employee who submits the complaint or information under subparagraph (A) after committees;(2)in subparagraph (D)—(A)in clauses (i) and (ii), by inserting , or any Member of Congress, after committees each place it appears; and(B)in clause (iii)—(i)by striking A member or employee of one of the intelligence committees and inserting A Member of Congress, including any Member of one of the intelligence committees, or an employee of such a committee; and(ii)by striking member each place it appears and inserting Member;(3)in subparagraph (G), by adding at the end the following new clause:(iii)The term Member of Congress means a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.; and(4)in subparagraph (H), by striking any member and inserting any Member of Congress, including any Member.(c)Disclosures to Members under additional provisionsSection 8H of the Inspector General Act of 1978 (5 U.S.C. App. 8H) is amended—(1)in subsection (c), by inserting or any Member of Congress designated by the employee who submits the complaint or information under subparagraph (A) after committees; (2)in subsection (d)—(A)in paragraphs (1) and (2), by inserting , or any Member of Congress, after committees in each place it appears; and(B)in paragraph (3)—(i)by striking A member or employee of one of the intelligence committees and inserting A Member of Congress, including any Member of one of the intelligence committees, or an employee of such a committee; and(ii)by striking member each place it appears and inserting Member;(3)in subsection (g), by striking any member and inserting any Member of Congress, including any Member; and(4)in subsection (h), by adding at the end the following new paragraph:(3)The term Member of Congress means a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico..


116 HRES 1055 EH: Department of State Authorization Act of 2020
U.S. House of Representatives
2020-07-21
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.

IV
116th CONGRESS
2d Session
H. RES. 1055
In the House of Representatives, U. S.,

July 21, 2020

RESOLUTION
Directing the Clerk of the House of Representatives to make corrections in the engrossment of H.R. 6395.

That in the engrossment of the bill H.R. 6395, the Clerk of the House of Representatives shall make the following correction: In section 5001 (relating to Department of State authorities and activities), strike Department of State Authorization Act of 2020 and insert Eliot L. Engel Department of State Authorization Act of 2020.   Cheryl L. Johnson,Clerk.


		II
		111th CONGRESS
		1st Session
		S. 468
		IN THE SENATE OF THE UNITED STATES

			February 25, 2009
			Ms. Stabenow (for
			 herself, Mr. Specter,
			 Mr. Levin, and Mr. Inouye) introduced the following bill; which was
			 read twice and referred to the Committee
			 on Finance

		A BILL
		To amend title XVIII of the Social Security
		  Act to improve access to emergency medical services and the quality and
		  efficiency of care furnished in emergency departments of hospitals and critical
		  access hospitals by establishing a bipartisan commission to examine factors
		  that affect the effective delivery of such services, by providing for
		  additional payments for certain physician services furnished in such emergency
		  departments, and by establishing a Centers for Medicare & Medicaid Services
		  Working Group, and for other purposes.

		1.Short title; table of contents
			(a)In generalThis Act may be cited as the
			 Access to Emergency Medical Services
			 Act of 2009.
			(b)Table of contentsThe table of contents of this Act is as
			 follows:

					Sec. 1. Short title;
				table of contents.
					TITLE I—Bipartisan commission on access to emergency medical
				services
					Sec. 101.
				Establishment.
					Sec. 102. Duties.
					Sec. 103.
				Membership.
					Sec. 104. Staff and
				consultants.
					Sec. 105. Powers.
					Sec. 106. Report on
				ways to promote the effective delivery of emergency medical
				services.
					Sec. 107.
				Termination.
					Sec. 108.
				Authorization of appropriations.
					TITLE II—Additional
				payments for certain physicians’ services
					Sec. 201. Additional
				payments for certain physicians’ services.
					TITLE III—Centers for Medicare & Medicaid Services Working
				Group to improve emergency care efficiency
					Sec. 301. Centers for
				Medicare & Medicaid Services Working Group to improve emergency care
				efficiency.

			IBipartisan commission on access to
			 emergency medical services
			101.EstablishmentThere is established the United States
			 Bipartisan Commission on Access to Emergency Medical Services (in this title
			 referred to as the “Commission”).
			102.Duties
				(a)In generalThe Commission shall perform the following
			 duties:
					(1)Identify and examine factors (including
			 factors described in subsection (b)) in the health care delivery, financing,
			 and legal systems that affect the effective delivery of screening and
			 stabilization services furnished in hospitals that have emergency departments
			 pursuant to EMTALA.
					(2)Make specific recommendations to Congress,
			 taking into account the considerations specified in subsection (c), with
			 respect to Federal programs, policies, and financing needed to assure the
			 availability of such screening and stabilization services and the coordination
			 of State, local, and Federal programs for responding to disasters and
			 emergencies.
					(b)Factors consideredFor purposes of subsection (a)(1), the
			 Commission shall examine at least the following factors, with respect to
			 emergency departments of hospitals:
					(1)Crowded conditions in such emergency
			 departments and the practice of boarding patients who require admission, or
			 have already been admitted, to a hospital for extended periods in such
			 departments and in the areas adjacent to such departments.
					(2)With respect to individuals who present at
			 such emergency departments for the treatment of emergency medical conditions,
			 any barriers that impede access within a reasonable period of time to
			 screening, stabilization services, and other appropriate consultations of
			 physicians listed by the hospital on its list of on-call physicians.
					(3)The potential legal and financial liability
			 of health care professionals and providers with respect to services required to
			 be furnished to patients under EMTALA, relating to the requirement of emergency
			 departments to screen and appropriately treat or transfer individuals
			 presenting themselves at the departments with emergency medical conditions and
			 women in labor.
					(c)Considerations in
			 recommendationsIn making
			 recommendations under subsection (a)(2), the Commission shall consider the
			 following:
					(1)Any changes in Federal law that would be
			 necessary to promote the effective delivery of emergency medical
			 services.
					(2)The amount and sources of Federal funds to
			 finance such changes.
					(3)The advantages and disadvantages of
			 alternative approaches to protecting health care professionals and providers
			 from legal and financial liability with respect to services required to be
			 furnished to individuals under EMTALA.
					(4)The most efficient and effective manner of
			 coordinating State, local, and Federal programs for responding to disasters and
			 emergencies, with respect to the delivery of emergency medical services.
					(d)DefinitionsFor purposes of this title:
					(1)HospitalThe term hospital means a
			 hospital (as defined in subsection (e) of section 1861 of the Social Security
			 Act (42 U.S.C.
			 1395x)) and a critical access hospital (as defined in
			 subsection (mm) of such section).
					(2)EMTALAThe term EMTALA means section
			 1867 of the Social Security Act (42 U.S.C. 1395dd).
					103.Membership
				(a)Appointment
					(1)The Commission shall be composed of 24
			 members, who shall be appointed not later than the date that is 60 days after
			 the date of the enactment of this Act and in accordance with paragraph (2), as
			 follows:
						(A)The President shall appoint 8 members of
			 the Commission.
						(B)The Speaker of the House of
			 Representatives, after consultation with the minority leader of the House of
			 Representatives, shall appoint 8 members of the Commission.
						(C)The majority leader of the Senate, after
			 consultation with the minority leader of the Senate, shall appoint 8 members of
			 the Commission.
						(2)Of the members appointed under paragraph
			 (1), the President, the Speaker of the House of Representatives, and the
			 majority leader of the Senate shall each appoint as members of the
			 commission—
						(A)two individuals who represent emergency
			 physicians, emergency nurses, and other health care professionals who provide
			 emergency medical services;
						(B)two individuals who are elected or
			 appointed Federal, State, or local officials and who are involved in issues and
			 programs related to the provision of emergency medical services;
						(C)two health care consumer advocates;
			 and
						(D)two individuals who represent hospitals and
			 health systems that provide emergency medical services.
						(b)Chairperson and vice
			 chairpersonThe Commission
			 shall elect a chairperson and 4 vice chairpersons from among its
			 members.
				(c)TermsEach member shall be appointed for the life
			 of the Commission.
				(d)VacanciesAny member appointed to fill a vacancy
			 occurring before the expiration of the term for which the member’s predecessor
			 was appointed shall be appointed only for the remainder of that term. A member
			 may serve after the expiration of that member’s term until a successor has
			 taken office. Any vacancy in the membership of the Commission shall be filled
			 in the manner in which the original appointment was made and shall not affect
			 the power of the remaining members to execute the duties of the
			 Commission.
				(e)Compensation
					(1)In generalMembers of the Commission shall serve
			 without pay.
					(2)Travel expensesAll members of the Commission shall be
			 reimbursed for travel and per diem in lieu of subsistence expenses during the
			 performance of duties of the Commission while away from their homes or regular
			 places of business, in accordance with subchapter I of
			 chapter
			 57 of title 5, United States Code.
					(f)QuorumA quorum shall consist of 9 members of the
			 Commission, except that 6 or more members may conduct a hearing under section
			 105(a).
				(g)MeetingsThe Commission shall meet at the call of
			 its chairperson or a majority of its members.
				104.Staff and consultants
				(a)StaffThe Commission may appoint and determine
			 the compensation of such staff as may be necessary to carry out the duties of
			 the Commission. Such appointments and compensation may be made without regard
			 to the provisions of title 5, United States Code, that govern appointments in
			 the competitive services, and the provisions of chapter 51 and subchapter III
			 of chapter 53 of such title that relate to classifications and the General
			 Schedule pay rates.
				(b)ConsultantsThe Commission may procure such temporary
			 and intermittent services of experts and consultants as the Commission
			 determines to be necessary to carry out the duties of the Commission, in
			 accordance with section 3109(b) of title 5, United
			 States Code, but at rates for individuals not to exceed the daily equivalent of
			 the maximum annual rate of basic pay payable for grade GS–15 of the General
			 Schedule under section 5332 of such title.
				(c)Detail of Federal employeesUpon the request of the Commission, the
			 head of any Federal agency is authorized to detail, without reimbursement to
			 the agency, any of the personnel of such agency to the Commission to assist the
			 Commission in carrying out its duties. Any such detail shall not interrupt or
			 otherwise affect the civil service status or privileges of such
			 personnel.
				105.Powers
				(a)Hearings and other activitiesThe Commission may, for the purpose of
			 carrying out this title, hold hearings, sit and act at times and places, take
			 testimony, and receive evidence as the Commission determines necessary to carry
			 out its duties. The Commission may administer oaths or affirmations to
			 witnesses appearing before it.
				(b)Studies by government accountability
			 officeUpon the request of
			 the Commission, the Comptroller General shall conduct such studies or
			 investigations as the Commission determines to be necessary to carry out its
			 duties.
				(c)Cost estimates by Congressional Budget
			 Office
					(1)Duty to provide requested
			 estimatesUpon the request of
			 the Commission, the Director of the Congressional Budget Office shall provide
			 to the Commission such cost estimates as the Commission determines to be
			 necessary to carry out its duties.
					(2)Reimbursement for development of cost
			 estimatesThe Commission
			 shall reimburse the Director of the Congressional Budget Office for expenses
			 relating to the employment in the office of the Director of such additional
			 staff as may be necessary for the Director to comply with requests by the
			 Commission under paragraph (1).
					(d)Technical assistanceUpon the request of the Commission, the
			 head of a Federal agency shall provide such technical assistance to the
			 Commission as the Commission determines to be necessary to carry out its
			 duties.
				(e)Use of mailsThe Commission may use the United States
			 mails in the same manner and under the same conditions as Federal agencies, and
			 shall, for purposes of the frank, be considered a commission of Congress as
			 described in section
			 3215 of title 39, United States Code.
				(f)Obtaining informationThe Commission may secure directly from any
			 Federal agency information necessary to enable it to carry out its duties, if
			 the information may be disclosed under
			 section
			 552 of title 5, United States Code. Upon request of the
			 Chairperson of the Commission, the head of such agency shall furnish such
			 information to the Commission.
				(g)Administrative support
			 servicesUpon the request of
			 the Commission, the Administrator of General Services shall provide to the
			 Commission on a reimbursable basis such administrative support services as the
			 Commission may request.
				(h)Acceptance of donationsThe Commission may accept, use, and dispose
			 of gifts and donations of services or property.
				(i)PrintingFor purposes of costs relating to printing
			 and binding, including the costs of personnel detailed from the Government
			 Printing Office, the Commission shall be deemed to be a committee of the
			 Congress.
				106.Report on ways to promote the effective
			 delivery of emergency medical servicesNot later than the date that is 18 months
			 after the date of the enactment of this Act, the Commission shall submit to
			 Congress and the Secretary of Health and Human Services a report containing its
			 findings and recommendations described in section 102(a), including
			 recommendations to remove any identified barriers to the effective delivery of
			 emergency medical services in the United States and detailed recommendations
			 for appropriate legislative initiatives to remove such barriers.
			107.TerminationThe Commission shall terminate 30 days after
			 the date of submission of the report required in section 106.
			108.Authorization of
			 appropriationsThere are
			 authorized to be appropriated such sums as may be necessary to carry out this
			 title.
			IIAdditional payments for certain physicians’
			 services
			201.Additional payments for certain physicians’
			 services
				(a)In generalSection 1833 of the Social Security Act (42
			 U.S.C. 1395l) is amended by adding at the end the following new
			 subsection:

						(x)Additional payment for physicians’ services
				furnished pursuant to EMTALAIn the case of physicians’ services
				furnished in the emergency department of a hospital (as defined in subsection
				(e)(5) of section 1867) pursuant to such section to an individual covered under
				the insurance program established under this part, in addition to the amount of
				payment that will otherwise be made for such services under this part, there
				shall also be paid to the physician or other person involved (or in the cases
				described in subparagraph (A) of section 1842(b)(6), to an employer or other
				entity involved) from the Federal Supplementary Trust Fund an amount equal to
				10 percent of the payment amount for the services under this part (determined
				without regard to any additional amounts paid under subsection (m) or
				(u)).
						.
				(b)Effective
			 dateThe amendment made by
			 subsection (a) shall apply to services furnished on or after the date of the
			 enactment of this Act.
				IIICenters for Medicare & Medicaid
			 Services Working Group to improve emergency care efficiency
			301.Centers for Medicare & Medicaid
			 Services Working Group to improve emergency care efficiency
				(a)Working group
					(1)In generalThe Secretary of Health and Human Services,
			 acting through the Administrator of the Centers for Medicare & Medicaid
			 Services, shall convene a working group (in this section referred to as the
			 CMS working group) that includes experts in emergency care,
			 inpatient critical care, hospital operations management, nursing, and other
			 relevant disciplines. The members of the CMS working group shall be appointed
			 by the Administrator.
					(2)Duties
						(A)Development of standards, guidelines,
			 measures, and incentivesThe
			 CMS working group shall develop boarding and diversion standards, guidelines,
			 measures, and incentives for hospitals, and, with respect to the development of
			 measures, the CMS working group shall consider measures developed or under
			 development by other entities. The CMS working group shall send any measures
			 developed under this subparagraph to the entity with a contract under section
			 1890(a) of the Social Security Act (42 U.S.C. 1395aaa(a)) for consideration,
			 and shall take into account whether such measures have been recommended or
			 adopted for use by a relevant quality alliance identified by the Secretary
			 (such as the Hospital Quality Alliance).
						(B)Identification of barriersThe CMS working group shall identify
			 barriers contributing to delays in timely processing of patients requiring
			 admission as an inpatient of a hospital who initially sought care through the
			 emergency department of the hospital.
						(C)Identification of best
			 practicesThe CMS working
			 group shall identify best practices to improve patient flow within hospitals.
			 In order to carry out the preceding sentence, the Agency for Healthcare
			 Research and Quality shall examine available evidence of best practices to
			 improve patient flow within hospitals and transmit any findings from that
			 examination to the CMS working group. The CMS working group shall take into
			 account the findings of the Agency in identifying such best practices under
			 this subparagraph.
						(D)ReportNot later than the date that is 1 year
			 after the date of the enactment of this Act, the CMS Working Group shall submit
			 to Congress and the Secretary of Health and Human Services a report containing
			 a detailed description of the standards, guidelines, measures, and incentives
			 developed under subparagraph (A), the barriers identified under subparagraph
			 (B), and the best practices identified under subparagraph (C), together with
			 recommendations for such legislative and administrative actions as the CMS
			 Working group considers appropriate.
						(3)InformationIn carrying out its duties under paragraph
			 (2), the CMS Working Group may request such information from hospitals that the
			 CMS Working Group considers appropriate.
					(4)TerminationThe CMS Working Group shall terminate 30
			 days after the date of submission of the report required in paragraph
			 (2)(D).
					(b)Disclosure of failure To
			 reportThe Secretary of
			 Health and Human Services shall establish a mechanism (such as publication on
			 an Internet website or in the Federal Register, or both) to disclose to the
			 public information regarding any hospital that fails to report information
			 requested by the CMS working group under subsection (a)(3) and the type of
			 information the hospital failed to report.
				(c)Hospital definedIn this section, the term
			 hospital means a hospital (as defined in subsection (e) of section
			 1861 of the Social Security Act (42 U.S.C. 1395x)) and a critical
			 access hospital (as defined in subsection (mm) of such section).


116 S1920 IS: Long-Term Unemployment Elimination Act of 2019
U.S. Senate
2019-06-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1920IN THE SENATE OF THE UNITED STATESJune 20, 2019Mr. Van Hollen (for himself and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo establish jobs programs for long-term unemployed workers, and for other purposes. 1.Short titleThis Act may be cited as the Long-Term Unemployment Elimination Act of 2019.2.PurposeThe purpose of this Act is to provide job opportunities for every long-term unemployed worker in the United States.3.DefinitionsIn this Act:(1)Covered areaThe term covered area means the local area in which a local board is carrying out a jobs program, or (in the circumstances described in section 4(d)) the local area in which a community-based organization is carrying out a jobs program, under this Act.(2)Eligible workerThe term eligible worker means an individual who—(A)is not less than 18 years old;(B)is authorized to be employed in the United States for purposes of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a);(C)has not been employed or a full-time student for a period of not less than 27 weeks (except as modified under section 5(e)); and(D)is currently seeking employment and has been seeking employment for a period of not less than 4 weeks (except as modified under section 5(e)).(3)Individual with a barrier to employmentThe term individual with a barrier to employment has the meaning given in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)), except that such term shall not include individuals who meet the terms of the definition in that section solely on the basis of their status as long-term unemployed individuals.(4)On-the-job trainingThe term on-the-job training has the meaning given the term in section 3(44) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(44)), except that subparagraph (B) of that section shall not apply.(5)Participating employerThe term participating employer means an employer—(A)that is—(i)a government agency;(ii)a nonprofit organization; or(iii)a business; and(B)includes—(i)an employer at the site of employment for an eligible worker in a program position; or(ii)a community-based organization that acts as an employer of record by—(I)assuming the roles and responsibilities assigned to employers described in clause (i) under this Act;(II)entering into an agreement with an employer described in clause (i) to set forth the terms and conditions for employment of an eligible worker in a program position in a jobs program in accordance with the provisions of this Act; and(III)acting as an intermediary between eligible workers and employers described in clause (i) to facilitate participation in the jobs program involved.(6)Payroll taxesThe term payroll taxes means taxes under section 3111, 3221, 3301, or 3321 of the Internal Revenue Code of 1986, and any similar State or local tax imposed on employers.(7)Pre-apprenticeshipThe term pre-apprenticeship, used with respect to a program, means a program that is designed to prepare individuals to enter and succeed in a registered apprenticeship program and is carried out by an entity that has a documented partnership with at least one sponsor of a registered apprenticeship program.(8)Program position(A)In generalThe term program position, used with respect to a jobs program—(i)means a position—(I)in a temporary job that is designed to lead to long-term employment; and(II)that is provided along with, as necessary, supportive services and training services to enable an individual to succeed in the job and obtain and retain long-term employment; and(ii)includes—(I)a position in a transitional job;(II)a position in a registered apprenticeship program; and(III)an approved national service position made available under section 129 of the National and Community Service Act of 1990 (42 U.S.C. 12581), including a position sponsored under subsection (i) of that section, subject to subparagraph (B).(B)Rule(i)Employers with certain program positionsA participating employer for an eligible worker (or an employer at the site of employment for an eligible worker) in a program position described in subparagraph (A)(ii)(III) shall be considered to be a service sponsor, as defined in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511).(ii)Eligible workers in certain program positionsIn parity with section 101(30) of the National and Community Service Act of 1990 (42 U.S.C. 12511(30)), an eligible worker in such a program position shall not be considered to be an employee of the participating employer (or of an employer at the site of employment for the eligible worker).(9)Recognized postsecondary credentialThe term recognized postsecondary credential means such a credential as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), if the provider of the program leading to the credential is identified under section 122(h) of such Act (29 U.S.C. 3152(h)).(10)Registered apprenticeship programThe term registered apprenticeship program means a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).(11)SecretaryThe term Secretary means the Secretary of Labor.(12)Transitional jobThe term transitional job means a job described in section 134(d)(5) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(d)(5)), without regard to the limitation described in that section on funding for such jobs.(13)WIOA termsThe terms adult education and literacy activities, career pathway, community-based organization, customized training, industry or sector partnership, in-demand industry sector or occupation, integrated education and training, local area, local board, one-stop operator, poverty line, State area, State board, supportive services, and training services have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).(14)Worker-owned enterprise(A)In generalThe term worker-owned enterprise means—(i)an eligible worker-owned cooperative, as defined in section 1042(c)(2) of the Internal Revenue Code of 1986; or(ii)an enterprise for which the majority of the voting stock is owned by workers employed by such enterprise.(B)Voting stockFor purposes of subparagraph (A)(ii), the share of the voting stock owned by workers shall include stock held by an employee stock ownership plan, as defined in section 4975(e)(7) of such Code.4.Jobs programs for long-term unemployed workers(a)In general(1)EstablishmentThe Secretary shall establish and administer a jobs initiative for eligible workers, consisting of jobs programs carried out through local boards.(2)PartnershipsA local board may enter into a partnership with one or more community-based organizations to submit an application and carry out a jobs program.(3)AgreementsIn administering the initiative, the Secretary shall enter into 4-year agreements with local boards, under which the Secretary shall provide payments to local boards. Such an agreement shall specify which functions described in this Act will be carried out by the local board, by the community-based organization, and by the partnership.(4)PaymentsThe Secretary shall make such a payment in an amount that equals the eligible costs incurred by the local board—(A)to provide wages and compensation for program positions for eligible workers under this section, minus any employer share of the eligible costs of providing the wages and compensation;(B)to provide supportive services and training services to eligible workers under this section; and(C)to administer the jobs program under this section.(b)Local board applicationTo be eligible to enter into an agreement under subsection (a), a local board shall submit an application to the Secretary at such time, in such manner, and containing a 4-year plan that includes such information as the Secretary may require, including—(1)the number of eligible workers that the local board proposes to serve under the jobs program involved and the estimated cost of serving that number of workers;(2)a plan for one-stop operators to identify the issues preventing each eligible worker served by the jobs program from securing employment, and to reduce the impact of those issues with supportive services and training services;(3)a description of how the local board will engage labor organizations, community-based organizations, community colleges, economic development agencies, and area career and technical education schools as partners to provide training services to eligible workers, including any—(A)adult education and literacy activities, including activities of English language acquisition, and integrated education and training programs;(B)pre-apprenticeship programs; and(C)career pathways;(4)a description of how the local board will support the creation and expansion of industry or sector partnerships and alignment of the jobs program with career pathways to improve outcomes for eligible workers in program positions;(5)proposed levels for the performance accountability measures described in subsection (c);(6)a description of the controls established by the local board to assure that the local board—(A)disburses funding to each participating employer for all eligible costs described in subsection (h) incurred under the jobs program, minus the employer share described in subsection (i);(B)oversees participating employers to ensure compliance with program rules and collection of accurate data for performance accountability measures described in subsection (c); and(C)requests accurate advance payment or reimbursement for the eligible costs described in subsection (h), minus any employer share described in subsection (i) of the eligible costs;(7)a description of how the local board will align the activities carried out under the grant with the activities carried out under—(A)the plans submitted by the corresponding State board and local board under subtitle A of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.);(B)the employment and training program established by the corresponding State under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);(C)the corresponding State program for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);(D)the national service plan submitted by the corresponding State Commission on National and Community Service under section 178 of the National and Community Service Act of 1990 (42 U.S.C. 12638);(E)programs established under the Second Chance Act of 2007 (34 U.S.C. 60501 et seq.);(F)employment and community development programs carried out by the Secretary of Housing and Urban Development;(G)career and technical education programs authorized by the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.);(H)the continuum of care projects (relating to ending homelessness) carried out under applications submitted, by communities serving an area that is substantially similar to the covered area, under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.); and(I)programs to support competitive integrated employment for individuals with disabilities, including programs of vocational rehabilitation services under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) and the Ticket to Work and Self-Sufficiency Program carried out under section 1148 of the Social Security Act (42 U.S.C. 1320b–19); and(8)assurances that—(A)prior to the placement of an eligible worker in a program position, the local board will consult with the appropriate local labor organization, if any, representing employees in the covered area who are engaged in the same or similar work as that proposed to be carried out by the eligible worker, to prevent the displacement and protect the rights of such employees; and(B)the local board will comply with the nondisplacement provisions of subsection (f) and the grievance procedures of subsection (g).(c)Performance accountability(1)In generalFor each local board, the performance accountability measures shall consist of the indicators described in paragraph (2) and the levels described in paragraph (3).(2)IndicatorsThe indicators for the performance accountability measures shall consist of—(A)the primary indicators of performance described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i));(B)the number of eligible workers placed in jobs created by the jobs program of the local board;(C)for households with an eligible worker who participated in the program, the average increase in income by the end of such participation; and(D)the percentage of program positions filled by eligible workers who were individuals with a barrier to employment.(3)Acceptable overall levels of performanceThe local board shall reach agreement with the Secretary, acting in consultation with the Secretary of Education, on acceptable overall levels of performance for each indicator described in paragraph (2) for each year covered by the application submitted under subsection (b). In reaching such agreements, the local board and the Secretaries shall take into account—(A)the purpose of this Act, as described in section 2, by seeking to provide job opportunities for as many eligible workers as possible; and(B)the factors described in section 116(b)(3)(A)(v) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)(A)(v)), except that references in that section to a State shall be considered to be references to a local area.(4)Reporting requirement(A)In generalThe local board shall provide information specifying the board's level of performance on the performance accountability measures specified in this subsection, including disaggregated data specified under subparagraph (B), as part of the local board performance reports established under section 116(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(d)).(B)Disaggregated dataEach such performance report shall include data specifying the board’s level of performance with respect to individuals with barriers to employment, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age.(d)Sanctions for failure To meet performance accountability measures or submit an application(1)Performance improvement plan and technical assistanceIf a local board fails to meet performance accountability measures specified in subsection (c)—(A)the local board shall develop a performance improvement plan; and(B)the Secretary and State board may provide technical assistance, including assistance in the development of the performance improvement plan.(2)Repeated failure to meet performance accountability measuresIf a local board fails to meet the performance accountability measures for at least 2 consecutive years, the Secretary may enter into an agreement with a community-based organization to carry out a jobs program serving the corresponding local area in place of the local board.(3)Failure to submit applicationIf a local board fails to submit an application under subsection (b) for a year, the Secretary may enter into an agreement with a community-based organization to carry out a jobs program serving the corresponding local area in place of the local board.(4)Programs carried out by community-based organizations(A)ApplicationA community-based organization that seeks to carry out a jobs program in place of a local board as described in paragraph (2) or (3) shall submit an application to the Secretary.(B)SelectionThe Secretary shall select, on a competitive basis, community-based organizations to carry out jobs programs as described in paragraphs (2) and (3) for a local area. The Secretary shall select such organizations based on their ability to implement a jobs program that achieves the highest levels on the performance accountability measures, taking into account the factors described in section 116(b)(3)(A)(v) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)(A)(v)), except that references in that section to a State shall be considered to be references to a local area, and meets the other requirements specified in this Act.(C)RenewalAfter the initial selection under subparagraph (B), the Secretary shall, every 4 years, hold a new competition to select community-based organizations to carry out jobs programs for local areas. The local board for such an area may also submit an application in such competition.(D)ImplementationThis Act shall apply to a community-based organization selected under this paragraph as if the organization was the local board for the corresponding local area.(e)Participating employer(1)In generalA participating employer shall be selected by a local board. An entity who seeks to be a participating employer shall enter into an agreement with the local board to act as a participating employer under this subsection.(2)Selection criteria(A)In generalTo select participating employers (including the renewal of such a selection), the local board shall take into account the considerations, and comply with the requirements, specified in subparagraphs (B) through (H).(B)Worker feedbackThe local board shall provide an opportunity for eligible workers to provide feedback on participating employers, and shall take this feedback into account when determining whether to renew the selection of an employer.(C)Labor organizations(i)In generalThe local board shall consider input from labor organizations to select participating employers.(ii)Collective bargaining agreementsFor a site of employment at which workers are covered by a collective bargaining agreement, the local board shall not place a program participant in a program position at the site without the consent of all labor organizations representing workers at such site.(D)Long-term employment prospectsThe local board shall consider whether the employer under consideration is proposing or providing an experience that will help eligible workers secure long-term employment after the program position ends, either with the participating employer or another employer.(E)Community impact and input(i)Community impact preferenceThe local board shall consider whether the employer is offering program positions in which the work to be performed is designed to have a positive impact on the communities in the local area served through the jobs program, and shall develop criteria for that positive impact based on input from members of such communities.(ii)Community inputThe local board shall also provide an opportunity for such communities to provide input on how a participating employer should be selected and whether specific employers should be selected, and shall take this input into account when selecting a participating employer.(F)In-demand industry sector or occupationThe local board shall consider whether the employer is offering program positions that lead to employment in an in-demand industry sector or occupation.(G)Type of businessThe local board shall consider whether the employer is—(i)a worker-owned enterprise; or(ii)a small business concern owned and controlled by women, a small business concern owned and controlled by socially and economically disadvantaged individuals, a small business concern owned and controlled by veterans, or a qualified HUBZone small business concern, as those 4 terms are defined in section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)).(H)Other factorsThe local board may consider other factors, besides the factors explicitly stated in this paragraph, that are relevant to achieving the performance accountability measures and other requirements specified in this Act.(3)Participating employer dutiesThe participating employer shall—(A)provide wages for each eligible worker in a program position at a rate that—(i)is not less than the greatest of the 3 rates described in subsection (h)(1)(B); and(ii)is the same as the customary rate paid by the employer for the same or similar work performed by other employees who—(I)are not eligible workers in program positions;(II)are similarly situated in similar occupations by the same employer; and(III)have similar training, experience, and skills;(B)provide benefits for each eligible worker in a program position at the same level as is provided to other employees who are not eligible workers in program positions;(C)ensure that the site of employment is a location where an eligible worker in a program position who is an individual with a disability, as defined in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705), interacts with other persons who are not such individuals with disabilities (not including supervisory personnel or individuals who are providing services to such worker) to the same extent as individuals who are not such individuals with disabilities and who are in comparable positions interact with other persons;(D)offer opportunities for advancement to eligible workers in program positions, as appropriate, that are similar to those for other employees who are not eligible workers in program positions; and(E)fulfill legal and administrative duties including payroll processing, tax withholding and documentation, and meeting liability requirements such as workers’ compensation requirements.(4)Payment to participating employer(A)Wages and compensationThe local board shall provide payment to the participating employer for all eligible costs described in subsection (h) for wages and compensation provided by the employer for eligible workers in program positions, minus the employer share described in subsection (i).(B)Employer-provided trainingThe local board may enter into an agreement with the participating employer under which the employer provides on-the-job training or customized training to eligible workers, and, subject to subsection (h)(3), the local board provides payment to reimburse the employer for the cost of providing the training described in the agreement.(f)Nondisplacement(1)Nondisplacement of existing employeesThe participating employer shall not place an eligible worker hired for a jobs program in a position under this Act if—(A)employing such individual will result in the layoff or partial displacement (such as a reduction in hours, wages, or employment benefits) of an existing employee (as of the date of the hiring) of the employer;(B)such individual will assume any of the duties or responsibilities of an employee who is on strike;(C)employing such individual infringes upon the promotional opportunities of an existing employee (as of the date of the hiring) of the employer; or(D)such individual will perform the same work or substantially the same work as that performed by any individual, employed by the employer at the site of employment, who—(i)has been laid off or partially displaced (as such term is described in subparagraph (A)); and(ii)has not been offered to be restored to the position the employee had immediately prior to being laid off or partially displaced.(2)Prohibition on rotationThe participating employer may not make placements in a program position by constantly rotating new eligible workers into a permanent position temporarily, except in circumstances in which—(A)the employer reasonably intends to promote each such eligible worker to a different permanent position within the employer’s business at the end of that worker’s employment in the program position; or(B)the program position is part of an on-the-job training program that leads to a recognized postsecondary credential.(3)Nondisplacement of government employees or functions(A)Government agencyA participating employer that is a government agency may not place an eligible worker hired for a jobs program in an existing position (as of the date of the hiring) that is subject to civil service laws of a Federal, State, or local government.(B)Other participating employerA participating employer that is not a government agency may not use funds provided under this Act to provide services or carry out other functions that are customarily provided by a unit of State government or general local government.(4)Limitation on program positions for participating employer(A)In generalNo more than 10 percent of the employees of a participating employer may be in program positions funded under this Act, except as provided in any of subparagraphs (B) through (E).(B)MinimumA participating employer with fewer than 10 employees may employ 1 individual in a program position funded under this Act.(C)MaximumA participating employer with more than 1,000 employees may employ not more than 100 individuals in program positions funded under this Act, unless the employer obtains permission under subparagraph (D).(D)Permission(i)In generalA local board may grant permission for a participating employer to have a higher percentage or number of employees in program positions than is allowed under subparagraph (A) or (C)—(I)under the circumstance described in subclause (I) or (II) of clause (ii); or(II)under the circumstance described in clause (ii)(III), with the consent of all labor organizations representing workers at the site involved.(ii)CircumstancesThe circumstances described in this clause are any of the following:(I)A circumstance in which the most recent 3-month average of the unemployment rate in the covered area is not less than 8 percent.(II)A circumstance in which the employer is a worker-owned enterprise and worker-ownership is widely available to the employer’s employees, including eligible workers in program positions.(III)A circumstance in which a collective bargaining agreement covers eligible workers in program positions at a site of employment.(iii)Duration(I)In generalAn employer granted the permission described in clause (i) under the circumstance described in clause (ii)(I) may be granted such permission for a term of not more than 2 years, subject to subclause (II), regardless of whether the unemployment rate in the covered area falls below 8 percent during that 2-year period.(II)RenewalIf the permission is granted under a circumstance described in clause (ii)(I) and is scheduled to expire in 3 months or less, and if the most recent 3-month average of the unemployment rate in the covered area is not less than 8 percent, the local board may renew the permission for another term described in subclause (I).(E)Application to government agencyIf the employer is a Federal, State, or local agency, the limitations described in subparagraphs (A), (B), and (C) shall be applied separately to each unit within that agency.(F)ModificationThe requirements of this paragraph may be modified under section 5(e).(G)DefinitionFor purposes of this paragraph and subsection (g), the term participating employer shall not include a community-based organization that acts as an employer of record and (even if a community-based organization is so acting) shall include the employer at the site.(g)Grievance procedure(1)In generalThe local board shall establish and maintain a procedure for the filing and adjudication of grievances from participants, labor organizations, and other interested individuals concerning participating employers, including grievances relating to proposed placements of eligible workers with such employers.(2)Deadline for grievancesExcept for a grievance that alleges fraud or criminal activity, a grievance shall be made not later than 1 year after the date of the alleged occurrence of the event that is the subject of the grievance.(3)Deadline for hearing and decision(A)HearingA hearing on any grievance conducted under this subsection shall be conducted not later than 30 days after the filing of such grievance.(B)DecisionA decision on any such grievance shall be made not later than 60 days after the filing of such grievance.(4)Arbitration(A)In general(i)Jointly selected arbitratorIn the event of a decision on a grievance that is adverse to the party who filed the grievance, or 60 days after the filing of such grievance if no decision has been reached, such party shall be permitted to submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the interested parties.(ii)Appointed arbitratorIf the parties cannot agree on an arbitrator, the Secretary shall appoint an arbitrator from a list of qualified arbitrators within 15 days after receiving a request for such appointment from one of the parties to the grievance.(B)Deadline for proceedingAn arbitration proceeding shall be held not later than 45 days after the request for such arbitration proceeding, or, if the arbitrator is appointed by the Secretary in accordance with subparagraph (A)(ii), not later than 30 days after the appointment of such arbitrator.(C)Deadline for decisionA decision concerning a grievance shall be made not later than 30 days after the date such arbitration proceeding begins.(D)Cost(i)In generalExcept as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration.(ii)ExceptionIf a participant, labor organization, or other interested individual described in paragraph (1) prevails under a binding arbitration proceeding, the other entity that is a party to such grievance shall pay the total cost of such proceeding and the attorneys’ fees of such participant, labor organization, or individual, as the case may be.(5)Proposed placementIf a grievance is filed regarding a proposed placement of an eligible worker with a participating employer, such placement shall not be made unless the placement is consistent with the resolution of the grievance pursuant to this subsection.(6)RemediesRemedies for a grievance filed under this subsection include—(A)suspension of payments for the participating employer;(B)termination of such payments;(C)prohibition of the placement described in paragraph (5);(D)in a case in which the grievance is filed by an individual eligible worker or program participant—(i)the eligible worker’s selection to be a program participant, or the program participant’s reinstatement, as the case may be; and(ii)other changes in the terms and conditions of employment applicable to the individual; and(E)in a case in which the grievance involves a violation of subsection (f) and the employer of the displaced employee is the participating employer—(i)reinstatement of the displaced employee to the position held by such employee prior to displacement;(ii)payment of lost wages and benefits of the displaced employee;(iii)reestablishment of other relevant terms, conditions, and privileges of employment of the displaced employee; and(iv)such equitable relief as is necessary to correct any violation of subsection (f) or to make the displaced employee whole.(7)EnforcementSuits to enforce awards under this subsection may be brought in any district court of the United States having jurisdiction of the parties, without regard to the amount in controversy and without regard to the citizenship of the parties.(h)Eligible costs(1)Wages and compensation(A)In generalSubject to paragraph (2), for purposes of this Act, the eligible costs of providing wages and compensation shall be the eligible costs of providing the wages described in subparagraph (B), and the compensation described in subparagraph (C), for eligible workers.(B)WagesThe eligible costs described in this subparagraph shall be the costs of providing wages at a rate that is the greatest of—(i)the applicable minimum wage rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) (not counting any rate authorized for employment under special certificates under section 14 of such Act (29 U.S.C. 214));(ii)the applicable State or local minimum wage rate; or(iii)a rate, calculated as an amount per hour, with the amount determined by dividing the poverty line for a family of 4 by 2,080.(C)CompensationThe eligible costs described in this subparagraph—(i)subject to clause (ii), shall be nonwage expenses that are directly related to compensation for eligible workers, including—(I)costs for employer payroll taxes;(II)costs for employee benefits;(III)costs to provide a national service education award for approved national service positions sponsored under section 129(i) of the National and Community Service Act of 1990 (42 U.S.C. 12581(i)); and(IV)costs of fulfilling the duties described in subsection (e)(3)(E); and(ii)for each eligible worker, shall not exceed 20 percent of the eligible costs of providing the wages described in subparagraph (B).(2)Limitation for duration of wages and compensation(A)In generalSubject to subparagraph (B), an eligible cost related to wages and compensation for a program position is an expense related to the first 12 months of the program position, subject to section 5(e).(B)ExtensionA local board may extend the 12-month period described in subparagraph (A) for not more than an additional 12 months, subject to section 5(e), to the extent that such extension is necessary to cover the period of a program position that is part of an on-the-job training program that leads to a recognized postsecondary credential.(3)Supportive services and training services(A)Aggregate limitThe eligible costs of providing, or facilitating the provision of, supportive services and training services to eligible workers shall, in total, not exceed 20 percent of the total eligible costs of providing the wages described in paragraph (1)(B) to those eligible workers.(B)Flexibility for individualsThe limit in subparagraph (A) shall apply to the eligible costs for the total amount of supportive services and training services provided by a jobs program to all eligible workers, and shall not be construed to constitute a separate limit on the eligible costs for the supportive services and training services so provided to each eligible worker.(C)ModificationThe requirements of this paragraph may be modified under section 5(e).(4)Administration(A)Local boardsThe eligible costs incurred by a local board of administering a jobs program under this section shall not exceed 10 percent of the total eligible costs of providing the wages described in paragraph (1)(B) to all eligible workers served by the jobs program.(B) SecretaryOf the maximum amount that the Secretary may make available under subparagraph (A) with respect to a jobs program, the Secretary may reserve not more than 10 percent to administer the jobs program under this section.(5)ModificationThe requirements of paragraphs (2), (3), and (4) may be modified under section 5(e).(i)Employer share for wages and compensation(1)In general(A)BaselineExcept as provided in subparagraph (C), for a local board carrying out a jobs program in a covered area where the unemployment rate does not exceed 5 percent, the employer share of the eligible costs for wages and compensation shall be 33 percent.(B)Higher unemployment covered areasExcept as provided in subparagraph (C), for a local board carrying out a jobs program in a covered area where the unemployment rate exceeds 5 percent, the employer share of those costs shall be the percentage (not less than 0 percent) obtained by subtracting—(i)3.3 percentage points for every half of a percentage point by which the unemployment rate in the covered area exceeds 5 percent; from(ii)33 percent.(C)Second year for program positions leading to recognized postsecondary credentialsWith respect to an eligible worker who is in the second year of a program position that is part of an on-the-job training program that leads to a recognized postsecondary credential, the employer share of the eligible costs of wages and compensation for the project shall be 50 percent. That employer share for such a worker shall remain 50 percent regardless of any change in the unemployment rate of the covered area.(2)RecalculationThe employer share under subparagraphs (A) and (B) of paragraph (1) shall be recalculated for the local board once per calendar quarter, using the unemployment rate from the calendar quarter in the 12-month period preceding the calculation with the highest average unemployment rate in the covered area.(3)ModificationThe requirements of this subsection may be modified under section 5(e).(j)Requirements for the Secretary of LaborThe Secretary shall—(1)oversee jobs programs funded under this Act to ensure that program requirements are being met, and verify that requests for Federal funding accurately reflect eligible costs;(2)perform random, periodic audits to determine compliance with this Act;(3)provide payments to local boards for the eligible costs described in subsection (h), minus any employer share of the eligible costs described in subsection (i);(4)evaluate the performance of jobs programs carried out under this section;(5)establish a clearinghouse to identify and publicize best practices used by local boards carrying out such jobs programs under this Act;(6)provide technical assistance to local boards, and to State boards that are providing assistance to local boards, carrying out such jobs programs under this Act;(7)conduct outreach to State boards, local boards, employers, and eligible workers to maximize opportunities for participation in jobs programs by eligible workers, in furtherance of the purpose of this Act as described in section 2, by providing job opportunities for as many eligible workers as possible; and(8)administer this Act in consultation with the Secretary of Education, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Attorney General, and the Secretary of Veterans Affairs.(k)Role of State boardsIn order to assist local boards in carrying out programs under this Act, a State board may—(1)work with local boards to develop statewide strategies to implement programs under this Act;(2)facilitate coordination of programs carried out under this Act with the activities carried out under—(A)the plan submitted by the corresponding State board under subtitle A of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.);(B)the employment and training program established by the corresponding State under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);(C)the corresponding State program for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); and(D)the national service plan submitted by the corresponding State Commission on National and Community Service under section 178 of the National and Community Service Act of 1990 (42 U.S.C. 12638);(3)assist local boards in the process of submitting applications under this Act; and(4)provide technical assistance to local boards and employers participating in programs under this Act.(l)Payment(1)Advance paymentThe Secretary may provide a payment under this Act, as described in subsection (a), for a quarter on the basis of an advance estimate of expenditures submitted by the local board and any other investigation the Secretary may find necessary.(2)Retrospective adjustmentThe Secretary may reduce or increase a payment referred to in paragraph (1) for a quarter as necessary to adjust for any overpayment or underpayment resulting from such a payment in a previous quarter.(3)ReimbursementThe Secretary may provide a reimbursement payment under this Act, as described in subsection (a), for a quarter on the basis of the actual expenditures of the local board, if payment has not already been made under this subsection for the same expenditure.(m)Mandatory fundingFor the purpose of carrying out this section, there is authorized to be appropriated and there is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for fiscal year 2020 and each subsequent fiscal year.5.Grants for high-poverty areas and areas with chronically low employment rates(a)DefinitionsIn this section:(1)High-poverty areaThe term high-poverty area means an area in which the poverty rate, as determined by the Bureau of the Census, has been not less than 20 percent for a period of not less than 3 years.(2)Prime working-age employment-to-population ratioThe term prime working-age employment-to-population ratio, used with respect to an area, means the ratio of the number of individuals age 25 through 54 in the area who are employed, to the number of individuals age 25 through 54 in the area.(b)EstablishmentThe Secretary shall award grants on a competitive basis to local boards (including community-based organizations, consistent with section 4(d)(4)(D)), that carry out jobs programs described in section 4, to provide for added costs related to carrying out the programs with modified standards specified in subsection (e), with the purpose of achieving economic development and job growth through the programs. The Secretary shall award the grants for periods of 4 years, and pay such grants as provided under section 4(l).(c)ApplicationTo be eligible to receive a grant under this section, a local board shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including—(1)a credible plan for the jobs program involved to achieve performance accountability measures described in section 4(c) through modified standards described in subsection (e), and sustain that achievement in the long term without permanent support from a grant awarded under this section;(2)information that demonstrates stakeholder engagement in the jobs program from the public and private sectors, especially major institutions such as institutions of higher education, hospitals, or other large employers and organizations, that are located in the covered area; and(3)a credible plan to ensure that residents of the covered area are part of the operation of and benefit from the results of the jobs program, which may include a plan to expand worker-owned enterprises, expand small local businesses, support start-up businesses owned by covered area residents, or give covered area residents a role in carrying out the jobs program.(d)PriorityIn selecting a local board to receive a grant under this section, the Secretary shall give priority to local boards proposing to serve—(1)high-poverty areas; or(2)areas for which the prime working-age employment-to-population ratio has been low, relative to that ratio for the United States, for a period of not less than 3 years.(e)Modification of certain standardsIn awarding a grant under this section to a local board, the Secretary is authorized to modify 1 or more of the following standards for the program carried out by the local board, if the Secretary determines that making such a modification can be reasonably expected to help the program achieve the performance accountability measures referred to in subsection (c)(1):(1)The periods of time specified in subparagraphs (C) and (D) of section 3(2).(2)The limitation on the percentage or number of employees in program positions with a single participating employer, as specified in section 4(f)(4).(3)The allowable duration of funding for wages and compensation as eligible costs, for a program position, as specified in section 4(h)(2).(4)The limitation on eligible costs for supportive services and training services, as specified in section 4(h)(3).(5)The limitation on eligible costs for administration, as specified in section 4(h)(4).(6)The employer share of eligible costs for wages and compensation, as specified in section 4(i).(f)EvaluationsThe Secretary shall—(1)evaluate the performance of jobs programs that receive funding under this section; and(2)identify and publicize best practices used by local boards carrying out jobs programs that receive funding under this section, through the clearinghouse described in section 4(j)(5).(g)Authorization of appropriationsThere are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2020 and each subsequent fiscal year.


116 HR 1311 RH: To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to ensure that unmet needs after a major disaster are met.
U.S. House of Representatives
2019-07-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB
Union Calendar No. 108
116th CONGRESS1st Session
H. R. 1311
[Report No. 116–146]
IN THE HOUSE OF REPRESENTATIVES

February 19, 2019
Mr. Graves of Louisiana (for himself and Ms. Plaskett) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

July 11, 2019
Additional sponsors: Mr. Meadows, Miss González-Colón of Puerto Rico, Mr. Rouzer, Mr. Cohen, Mr. LaMalfa, and Mr. Crenshaw

July 11, 2019
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL
To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to ensure that unmet needs after a major disaster are met.

1.Unmet need assistanceTitle IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by adding at the end the following:  431.Unmet needs assistance (a)In generalAfter the declaration of a major disaster, the President may direct the Administrator of the Emergency Management Agency to provide, subject to amounts made available from appropriations, assistance necessary for meeting unmet needs as a result of such disaster.
(b)Funding
(1)Amount of fundingSubject to appropriations and not later than 30 days after a declaration is made under section 401, the President acting through the Administrator may allocate an amount that equals up to 10 percent of the estimated aggregate amount of the grants to be made pursuant to sections 406 and 408 for the major disaster in order to provide technical and financial assistance under this section and such set aside shall be deemed to be related to activities carried out pursuant to major disasters under this Act.  (2)Estimated aggregate amountNot later than 180 days after each major disaster declaration pursuant to this Act, the estimated aggregate amount of grants for purposes of paragraph (1) shall be determined by the President and such estimated amount need not be reduced, increased, or changed due to variations in estimates.
(3)No reduction in amountsThe amount set aside pursuant to paragraph (1) shall not reduce the amounts otherwise made available for sections 403, 404, 406, 407, 408, 410, 416, and 428 under this Act.  (c)Unmet needsFinancial assistance provided under this section may be used to provide assistance, in addition to other amounts made available under this Act, for the following unmet needs:
(1)Disaster-related home repair and rebuilding assistance to families for permanent housing purposes, including in conjunction with eligible expenditures under section 408.  (2)Disaster-related unmet needs of families who are unable to obtain adequate assistance from other sources.
(3)Other services that alleviate human suffering and promote the well-being of disaster victims.  (4)Economic and business activities (including food and agriculture) after a disaster to implement post-disaster economic recovery measures, including planning and technical assistance for long-term economic recovery plans, infrastructure improvements, business or infrastructure financing, market or industry research, and other activities authorized under a comprehensive economic development strategy.
(d)Accounting and fiscal controls
(1)In generalNot later than 6 months after receipt of funds and every 6 months thereafter until all such funds are expended, a State shall submit a report to the Administrator that includes— (A)the criteria established for determining how the funds are spent;
(B)the allocation of those funds; and  (C)the process for public notice and comment.
(2)ComplianceAny individual who receives assistance pursuant to this section shall comply with section 312(b).  (3)Administrative costsA State that receives funds under this section may expend not more than 5 percent of the amount of such funds for the administrative costs of providing financial assistance to individuals and households in the State..
2.Repair and rebuildingSection 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) is amended— (1)in paragraph (2)(A)(i) by striking to a safe and sanitary living or functioning condition and inserting to ensure that their home is habitable during longer term recovery. Assistance allowed under this section may be used in coordination with other sources for the repair and rebuilding of an owner-occupied residence.; and
(2)in paragraph (4) by striking in cases in which and all that follows through the end of the paragraph and by inserting if the President considers it a cost effective alternative to other housing solutions, including the costs associated with temporary housing provided under this section, and long-term rebuilding costs associated with section 431.  3.Review by Comptroller GeneralNot later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review on the fiscal controls by States that receive funds under section 431 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and shall make recommendations to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

July 11, 2019
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed


115 HRES 737 IH: Expressing support for the designation of March 2, 2018, as “Gold Star Families Remembrance Day”.
U.S. House of Representatives
2018-02-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV115th CONGRESS2d SessionH. RES. 737IN THE HOUSE OF REPRESENTATIVESFebruary 13, 2018Mr. Latta (for himself, Mr. Gallego, Mr. Austin Scott of Georgia, Mr. Garamendi, Mr. Turner, Mr. Knight, Mr. O'Halleran, Mr. Norcross, Mr. Jones, Mr. Wenstrup, and Mr. Gallagher) submitted the following resolution; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans' 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 concernedRESOLUTIONExpressing support for the designation of March 2, 2018, as Gold Star Families Remembrance Day.

 Whereas March 2, 2018, marks the 89th anniversary of President Calvin Coolidge signing an Act of Congress that approved and funded the first Gold Star pilgrimage to enable Gold Star families to travel to the gravesites of their loved ones who died during World War I;
 Whereas the members and veterans of the Armed Forces of the United States bear the burden of protecting the freedom of the people of the United States; and
 Whereas the sacrifices of the families of the fallen members and veterans of the Armed Forces of the United States should never be forgotten: Now, therefore, be it

 That the House of Representatives— (1)supports the designation of Gold Star Families Remembrance Day;
 (2)honors and recognizes the sacrifices made by the families of members and veterans of the Armed Forces of the United States who gave their lives to defend freedom and protect America; and
 (3)encourages the people of the United States to observe Gold Star Families Remembrance Day by— (A)performing acts of service and good will in their communities; and
 (B)celebrating the lives of those who have made the ultimate sacrifice so that others could continue to enjoy life, liberty, and the pursuit of happiness.


		II
		112th CONGRESS
		1st Session
		S. 1077
		IN THE SENATE OF THE UNITED STATES

			May 25, 2011
			Mr. Paul introduced the
			 following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To require judicial review of Suspicious Activity
		  Reports.

		1.Judicial review of suspicious activity
			 reportsSection 5318(g) of
			 title 31, United States Code, is amended—
			(1)in paragraph (1), by inserting before the
			 period at the end , subject to judicial review under paragraph
			 (5); and
			(2)by adding at the
			 end the following:

					(5)Judicial
				reviewThe Secretary may not, under this section or the rules
				issued under this section, or under any other provision of law, require any
				financial institution, director, officer, employee, or agent of any financial
				institution, or any other entity that is otherwise subject to regulation or
				oversight by the Secretary or pursuant to the securities laws (as that term is
				defined under section 3 of the Securities Exchange Act of 1934) to report any
				transaction under this section or its equivalent under such provision of law,
				unless the appropriate district court of the United States issues an order
				finding that a warrant could be issued under rule 41 of the Federal Rules of
				Criminal Procedure for the information sought to be obtained by the
				Secretary.
					.


		I
		112th CONGRESS
		2d Session
		H. R. 6541
		IN THE HOUSE OF REPRESENTATIVES

			September 21, 2012
			Mr. Reed introduced
			 the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure

		A BILL
		To direct the Secretary of Transportation to conduct a
		  study of economically beneficial uses of the rights-of-way associated with
		  certain highways, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Maximize Our Highways Act of
			 2012.
		2.Study of
			 economically beneficial uses of the rights-of-way associated with certain
			 highways
			(a)StudyThe Secretary of Transportation shall
			 conduct a study of economically beneficial uses of the rights-of-way associated
			 with highways constructed with Federal assistance, which shall include—
				(1)the identification
			 of economically beneficial activities that may be carried out with respect to
			 those rights-of-way to ensure that—
					(A)those
			 rights-of-way are used in the most economically beneficial manner compatible
			 with transportation purposes; and
					(B)economic underutilization of those
			 rights-of-way is minimized to the extent possible;
					(2)an analysis of the
			 costs and benefits, including with respect to safety, of carrying out the
			 economically beneficial activities identified under paragraph (1);
				(3)an analysis of barriers to carrying out the
			 economically beneficial activities identified under paragraph (1); and
				(4)an analysis of the revenue that may be
			 generated by carrying out the economically beneficial activities identified
			 under paragraph (1) and how that revenue may be used to support transportation
			 infrastructure.
				(b)ReportNot
			 later than 180 days after the date of enactment of this Act, the Secretary
			 shall submit to Congress and make available to States a report on the results
			 of the study conducted under subsection (a), which shall include legislative
			 recommendations based on the results.


114 S154 IS: Mineral Materials Contracts Termination Act
U.S. Senate
2015-01-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 154IN THE SENATE OF THE UNITED STATESJanuary 13, 2015Mr. Heinrich introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo amend the Act of July 31, 1947, to provide for the termination of certain mineral materials
 contracts.1.Short titleThis Act may be cited as the Mineral Materials Contracts Termination Act.2.Termination of certain mineral contractsSection 2 of the Act of July 31, 1947 (commonly known as the Materials Act of 1947) (30 U.S.C. 602) is amended by adding at the end the following:(b)Termination of contract(1)In generalIf the holder of a valid mineral materials contract entered into under this Act (referred to in this subsection as the contract) submits to the Secretary a request to terminate the contract before production is initiated under the contract and before any surface disturbance has occurred under the contract, the Secretary may—(A)terminate the contract; and(B)return to the contract holder any bid deposit and performance bond paid by the contract holder to the Bureau of Land Management under the contract.(2)Acceptance of paymentAcceptance of an amount returned under paragraph (1)(B) by the contract holder shall constitute—(A)a full and final settlement of the contract; and(B)an agreement on the part of the contract holder not to bring a civil action against the United States with respect to the contract..