117 S2249 IS: To increase the penalties for damage to Federal courthouses and unauthorized access to areas where Federal judges work, reside, or visit.
U.S. Senate
2021-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2249IN THE SENATE OF THE UNITED STATESJune 24, 2021Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo increase the penalties for damage to Federal courthouses and unauthorized access to areas where Federal judges work, reside, or visit.1.Protecting Federal courthouses and judges(a)Government property or contractsSection 1361 of title 18, United States Code, is amended—(1)in the second undesignated subsection by striking both. and inserting the following: both; if the damage or attempted damage is to a Federal courthouse, by a fine under this title or imprisonment for not more than 25 years, or both; and(2)by adding at the end the following:For purposes of this section, defacing, painting, spraying, applying graffiti to, or drawing on Federal property, including Federal building and monuments located on Federal land, shall be presumed to result in damage exceeding the sum of $1,000..(b)Restrict buildings or groundsSection 1752(c)(1) of title 18, United States Code, is amended—(1)in subparagraph (B), by striking or at the end; (2)in subparagraph (C), by striking and at the end; and(3)by adding at the end the following:(D)of a Federal courthouse or Federal building containing offices of Federal judges; or (E)of a building or grounds where a Federal judge or other Federal official protected by the United States Marshals Service resides, is temporarily visiting, or will be temporarily visiting; and.


117 HR 4138 IH: CBP Workload Staffing Model Act
U.S. House of Representatives
2021-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 4138IN THE HOUSE OF REPRESENTATIVESJune 24, 2021Mr. Higgins of Louisiana (for himself, Mr. Katko, Mr. McCaul, Mr. Guest, and Mr. Cuellar) introduced the following bill; which was referred to the Committee on Homeland SecurityA BILLTo amend the Homeland Security Act of 2002 to improve U.S. Customs and Border Protection (CBP) identification of staffing needs, and for other purposes.1.Short titleThis Act may be cited as the CBP Workload Staffing Model Act.2.Establishment of workload staffing models for U.S. Border Patrol and Air and Marine Operations of CBP(a)In generalThe Commissioner of U.S. Customs and Border Protection shall in coordination with the Under Secretary for Management, Chief Human Capital Officer, and Chief Financial Officer of the Department of Homeland Security, develop and implement, by not later than one year after the date of the enactment of this Act, a workload staffing model for each of the U.S. Border Patrol and Air and Marine Operations.(b)Responsibilities of the Commissioner of CBPSubsection (c) of section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211) is amended—(1)by redesignating paragraphs (18) and (19) as paragraphs (20) and (21), respectively; and(2)by inserting after paragraph (17) the following new paragraphs:(18)implement a staffing model that includes consideration for essential frontline operator activities and functions, variations in operating environments, present and planned infrastructure, present and planned technology, and required operations support levels for the U.S. Border Patrol, Air and Marine Operations, and the Office of Field Operations, to manage and assign personnel of such entities to ensure field and support posts possess adequate resources to carry out duties specified in this section;(19)develop standard operating procedures for a workforce tracking system within the U.S. Border Patrol, Air and Marine Operations, and the Office of Field Operations, train the workforce of each of such entities on the use, capabilities, and purpose of such system, and implement internal controls to ensure timely and accurate scheduling and reporting of actual completed work hours and activities;.(c)ReportNot later than one year after the date of the enactment of this Act with respect to subsection (a) and paragraphs (18) and (19) of section 411(c) of the Homeland Security Act of 2002 (as amended by subsection (b)), and annually thereafter with respect to such paragraphs (18) and (19), the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a status update on the implementation of this Act and such paragraphs (18) and (19), and status updates on such paragraphs (18) and (19), as well as all relevant workload staffing models. Such status updates shall include information on data sources and methodology used to generate such staffing models.(d)Inspector General reviewNot later than 120 days after the Commissioner of U.S. Customs and Border Protection develops a workload staffing model pursuant to subsection (a), the Inspector General of the Department of Homeland Security shall review such model and provide feedback to the Secretary of Homeland Security and the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding the degree to which such model is responsive to Inspector General recommendations, including recommendations from the Inspector General’s February 2019 audit, and as appropriate, any further recommendations to improve such model.


116 HR 414 IH: Protecting Local Communities from Harmful Algal Blooms Act
U.S. House of Representatives
2019-01-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 414IN THE HOUSE OF REPRESENTATIVESJanuary 9, 2019Mr. Rooney of Florida introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include algal
			 blooms in the definition of a major disaster, and for other purposes.

 1.Short titleThis Act may be cited as the Protecting Local Communities from Harmful Algal Blooms Act. 2.Algal bloomsSection 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by striking or drought and inserting drought, or algal blooms.


109 HR 2332 IH: National Trails System Willing Seller Act
U.S. House of Representatives
2005-05-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2332
IN THE HOUSE OF REPRESENTATIVES

May 12, 2005
Mr. Beauprez (for himself, Mr. Udall of Colorado, Mr. Hefley, Ms. Baldwin, Mr. Kind, and Mr. Upton) introduced the following bill; which was referred to the Committee on Resources

A BILL
To amend the National Trails System Act to clarify Federal authority relating to land acquisition from willing sellers for the majority of the trails in the System, and for other purposes.

1.Short titleThis Act may be cited as National Trails System Willing Seller Act.
2.Authority to acquire lands from willing sellers for certain trails
(a)Oregon national historic trailSection 5(a)(3) of the National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by adding at the end the following: No lands or interests therein outside the exterior boundaries of any Federally administered area may be acquired by the Federal government for the trail except with the consent of the owner thereof. The authority of the Federal government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail..
(b)Mormon pioneer national historic trailSection 5(a)(4) of the National Trails System Act (16 U.S.C. 1244(a)(4)) is amended by adding at the end the following: No lands or interests therein outside the exterior boundaries of any Federally administered area may be acquired by the Federal government for the trail except with the consent of the owner thereof. The authority of the Federal government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail..
(c)Continental divide national scenic trailSection 5(a)(5) of the National Trails System Act (16 U.S.C. 1244(a)(5)) is amended by adding at the end the following: No lands or interests therein outside the exterior boundaries of any Federally administered area may be acquired by the Federal government for the trail except with the consent of the owner thereof. The authority of the Federal government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail..
(d)Lewis and clark national historic trailSection 5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6)) is amended by adding at the end the following: No lands or interests therein outside the exterior boundaries of any Federally administered area may be acquired by the Federal government for the trail except with the consent of the owner thereof. The authority of the Federal government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail..
(e)Iditarod national historic trailSection 5(a)(7) of the National Trails System Act (16 U.S.C. 1244(a)(7)) is amended by adding at the end the following: No lands or interests therein outside the exterior boundaries of any Federally administered area may be acquired by the Federal government for the trail except with the consent of the owner thereof. The authority of the Federal government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail..
(f)North country national scenic trailSection 5(a)(8) of the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding at the end the following: No lands or interests therein outside the exterior boundaries of any Federally administered area may be acquired by the Federal government for the trail except with the consent of the owner thereof..
(g)Ice age national scenic trailSection 5(a)(10) of the National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by adding at the end the following: No lands or interests therein outside the exterior boundaries of any Federally administered area may be acquired by the Federal government for the trail except with the consent of the owner thereof..
(h)Potomac heritage national scenic trailSection 5(a)(11) of the National Trails System Act (16 U.S.C. 1244(a)(11)) is amended by adding at the end the following: No lands or interests therein outside the exterior boundaries of any Federally administered area may be acquired by the Federal government for the trail except with the consent of the owner thereof..
(i)Nez perce national historic trailSection 5(a)(14) of the National Trails System Act (16 U.S.C. 1244(a)(14)) is amended by adding at the end the following: No lands or interests therein outside the exterior boundaries of any Federally administered area may be acquired by the Federal government for the trail except with the consent of the owner thereof. The authority of the Federal government to acquire fee title under this paragraph shall be limited to an average of not more than one-quarter mile on either side of the trail..
3.Conforming amendmentSection 10(c) of the National Trails System Act (16 U.S.C. 1249(c)) is amended to read as follows:

(c)
(1)Except as otherwise provided in this Act, there is authorized to be appropriated such sums as may be necessary to implement the provisions of this Act relating to the trails designated by section 5(a).
(2)Not more than $500,000 may be appropriated for the purposes of land acquisition and interests therein for the Natchez Trace National Scenic Trail designated by section 5(a)(12) of this Act, and not more than $2,000,000 may be appropriated for the purposes of the development of such trail. The administering agency for the trail shall encourage volunteer trail groups to participate in the development of the trail..


115 HR 4613 IH: Ensuring Patient Access to Healthcare Records Act of 2017
U.S. House of Representatives
2017-12-11
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.

I115th CONGRESS1st SessionH. R. 4613IN THE HOUSE OF REPRESENTATIVESDecember 11, 2017Mrs. McMorris Rodgers (for herself, Mr. Kelly of Pennsylvania, Mr. Hudson, Mrs. Blackburn, Mr. Long, Mr. Bishop of Michigan, Mr. Paulsen, and Mr. Krishnamoorthi) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo allow the use of claims, eligibility, and payment data to produce reports, analyses, and
			 presentations to benefit Medicare, and other similar health insurance
			 programs, entities, researchers, and health care providers, to help
			 develop cost saving approaches, standards, and reference materials and to
			 support medical care and improved payment models.

 1.Short titleThis Act may be cited as the Ensuring Patient Access to Healthcare Records Act of 2017. 2.Promotion of access to data, via research and user friendly presentations and applications (a)In generalSubtitle D of the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. 17921 et seq.) is amended by adding at the end the following:

					3Health care clearinghouses; data processing to empower patients and improve the health care system
						13451.Modernizing the role of clearinghouses in health care
							(a)Efforts To promote access to and leveraging of health information
 (1)In generalThe Secretary shall, through the updating of existing policies and development of policies that support dynamic technology solutions, promote patient access to information related to their care, including real world outcomes and economic data (including claims, eligibility, and payment data), in a manner that would ensure that such information is available in a form convenient for the patient, in a reasonable manner, and without burdening the health care provider involved.
 (2)RequirementActivities carried out under paragraph (1) shall include the development of policies to enable covered entities with access to health information to—
 (A)provide patient access to information related to their care, including real world outcomes and economic data;
 (B)develop, in accordance with HIPAA-related provisions (as defined in subsection (j)), patient engagement tools, reports, analyses, and presentations based on population health, epidemiological, and health services outcomes data, that may demonstrate a fiscal or treatment benefit to patients and health plan enrollees; and
 (C)promote transparency regarding the use and disclosure of health information by health care clearinghouses in accordance with the notice provisions of subsection (e).
									(b)Treatment as covered entity for specified functions
 (1)In generalWith respect to the use and disclosure of protected health information, the Secretary shall— (A)not consider health care clearinghouses that engage in the functions described in paragraph (3) to be business associates, including subcontractor business associates, under HIPAA-related provisions (as defined in subsection (j)(3)) regardless of the role of such clearinghouses in collecting or receiving the information; and
 (B)consider such clearinghouses to be covered entities under such provisions of law for all purposes. Such clearinghouses shall not be considered business associates, or subcontractor business associates, for translation of data into and out of standard format, analytic, cloud computing, or any other purpose.(2)Data accuracy and security requirementIn order to use health data as authorized by this section, a clearinghouse or other covered entity engaging in activities authorized under this section shall be certified to have the necessary expertise and technical infrastructure to ensure the accuracy and security of such claims, eligibility, and payment data through receipt of an accreditation by the Electronic Healthcare Network Accreditation Commission, or by an equivalent accreditation program determined appropriate by the Secretary.
								(3)Enhancing treatment, quality improvement, research, public health efforts and other functions
 (A)Equivalent authority to other covered entitiesSubject to paragraph (2), a health care clearinghouse shall— (i)in addition to carrying out claims processing functions, be permitted to use and disclose protected health information without obtaining individual authorization to the same extent as other covered entities, including for purposes of treatment, payment, health care operations as permitted by section 164.506 of title 45, Code of Federal Regulations, research, and public health as permitted by section 164.512 of title 45, Code of Federal Regulations, and creating de-identified information as permitted by section 164.502(d) of title 45, Code of Federal Regulations; and
 (ii)use or disclose protected health information as required by section 164.502(a)(2) of title 45, Code of Federal Regulations.
										(B)Additional authority
 (i)A health care clearinghouse shall be permitted to provide an individual or the personal representative of such individual access to the protected health information of such individual as described in subsection (d).
 (ii)All covered entities, including a health care clearinghouse, shall, subject to subsection (c)(2), be permitted to—
 (I)on behalf of covered entities, use and disclose protected health information for health care operations purposes (as defined by section 164.501 of title 45, Code of Federal Regulations) without respect to whether the recipient of the information has or had a relationship with the individual;
 (II)upon the request of a covered entity, benchmark (as defined by the Secretary pursuant to rulemaking) the operations of such covered entity against the operations of one or more other covered entities that have elected to participate in such benchmarking; and
 (III)use and disclose protected health information to facilitate clinical trial recruitment, except that in the case the covered entity provides a consumer-facing portal or website that informs individuals of clinical trials conducted by the covered entity, the covered entity shall secure opt-in consent from the individual, or the individual’s personal representative, prior to contacting an individual regarding such clinical trials unless such covered entity already has a relationship with the individual.
 (C)ClarificationNothing in this paragraph shall expand the authority of a health care clearinghouse or any other covered entity to use or disclose protected health information for marketing purposes under sections 164.501 and 164.508(a)(3) of title 45, Code of Federal Regulations.
									(c)Authorities relating to data processing
 (1)In generalIn carrying out HIPAA-related provisions, the Secretary shall permit a health care clearinghouse to aggregate protected health information, within the clearinghouse and among other clearinghouses, that the clearinghouse possesses in order to carry out the functions described in subsection (b)(3). Subject to section 164.502(a)(5)(i) of title 45, Code of Federal Regulations, a health care clearinghouse may carry out the functions described in subsection (b)(3) without obtaining individual authorization under section 164.508 of title 45, Code of Federal Regulations.
 (2)PrivacyFor purposes of clauses (ii) through (iv) of subsection (b)(3)(B), with respect to any report, analysis, or presentation provided by the covered entity to a third party, such report, analysis, or presentation—
 (A)shall include only de-identified data; or (B)shall include, subject to a qualifying data use agreement (as defined in subsection (j)), protected health information.
									(3)Clarification; Fee permitted
 (A)In generalNothing in this paragraph shall be construed as affecting an individual’s right to access claims and payment records in HIPAA standard format, in accordance with section 164.524 of title 45, Code of Federal Regulations.
 (B)Fee permittedIf an individual or a personal representative of the individual requests a copy of records in HIPAA standard format a health care clearinghouse may charge a reasonable, cost-based fee so far as such fee is in accordance with section 164.524(c)(4) of title 45, Code of Federal Regulations.
									(d)Comprehensive records at the request of an individual
 (1)In generalWhen a health care clearinghouse receives a written request from an individual or the personal representative of the individual for the protected health information of the individual, the clearinghouse shall provide to the individual a comprehensive record of such information (across health care providers and health plans and longitudinal in scope), unless the clearinghouse determines in its sole discretion that providing a comprehensive record is not technologically feasible.
 (2)Purchase from other clearinghousesIn preparing a comprehensive record for an individual under paragraph (1), a health care clearinghouse may, with the permission of the individual, purchase the protected health information of the individual from one or more other health clearinghouses (and the amount of such purchase may be included in a fee that is fair market value, as defined in subsection (j)(2), charged to the individual.
 (e)Situations not involving direct interaction with individualsSections 164.400 through 164.414 (relating to breach notification) and sections 164.520 through 164.528 (relating to individual rights) of title 45, Code of Federal Regulations, shall apply to a health care clearinghouse that engages in the functions described in subsection (b)(3) to the extent that such clearinghouse has current contact information pursuant to direct interaction with the individual involved. If the clearinghouse does not have direct interaction with the individual involved, the clearinghouse shall provide notice of any breach of unsecured protected health information to the covered entity that does have direct interaction with the individual involved. The clearinghouse shall not be required to report a breach if the protected health information is rendered unusable, unreadable, or indecipherable to unauthorized persons through the use of a technology or methodology specified by the Secretary in the guidance issued under section 13402(h)(2). The clearinghouse shall also provide a notice of privacy practices on its website.
							(f)Transition
 (1)In generalExcept where specifically stated, nothing in this section shall be construed to apply to clearinghouses to the exclusion of other covered entities or to provide a health care clearinghouse greater authority to use and disclose protected health information than that provided to another covered entity.
 (2)Existing agreementsWith respect to agreements entered into by a health care clearinghouse prior to the date of enactment of this section, a provision of such an agreement that conflicts with this section shall not have any legal force or effect. The preceding sentence may not be construed as affecting any provision of an agreement that does not conflict with this section.
 (g)Safe harbor and clarification of liabilityIn the case of a health care clearinghouse that engages in a function described in subsection (b), only that clearinghouse may be held liable for a violation of a HIPAA-related provision (and a covered entity that provided data or data access to the clearinghouse shall not be liable for such violations).
 (h)EnforcementSection 13410(a)(2) shall apply to this section in the same manner as such section applies to parts 1 and 2.
							(i)Relation to other laws
 (1)Application of HITECH ruleSection 13421 shall apply to this section in the same manner as such section applies to parts 1 and 2, except to the extent that such section 13421 concerns section 1178(a)(2)(B) of the Social Security Act.
 (2)State laws regarding unfair or deceptive acts or practicesThis part shall not be construed to preempt the law of any State that prohibits unfair or deceptive acts or practices or limit the authority of State attorneys general to enforce such laws.
 (j)DefinitionsIn this part: (1)De-identifiedThe term de-identified, with respect to health information, means such information that is not individually identifiable as determined in accordance with the standards under section 164.514(b) of title 45, Code of Federal Regulations.
 (2)Fair market valueThe term fair market value means the price that a person reasonably knowledgeable and interested in buying a given product or service would pay to a person reasonably knowledgeable and interested in selling the product or service.
 (3)Health care clearinghouseThe term health care clearinghouse has the meaning given such term in section 1171 of the Social Security Act. (4)HIPAA-related provisionThe term HIPAA-related provision means the provisions of each of the following:
 (A)This subtitle. (B)Part C of title XI of the Social Security Act.
 (C)Regulations promulgated pursuant to sections 262(a) and 264(c) of the Health Insurance Portability and Accountability Act of 1996 or this subtitle.
 (5)IndividualThe term individual, with respect to protected health information, has the meaning applicable under section 160.103 of title 45, Code of Federal Regulations.
 (6)Qualifying data use agreementThe term qualifying data use agreement means an agreement, which may be electronic, that— (A)establishes the permitted uses and disclosures of protected health information by the recipient;
 (B)limits such uses and disclosures to the original purpose of disclosure under subsection (b)(3)(B); and
 (C)provides that the data recipient will— (i)not use or further disclose the information other than as permitted by the qualifying data use agreement or as otherwise required by law;
 (ii)use appropriate safeguards to prevent use or disclosure of the information other than as provided for by the qualifying data use agreement; and
 (iii)ensure that any agents to whom it provides the data agree to the same restrictions and conditions that apply to the data recipient with respect to such information..
 (b)RegulationsNot later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations to carry out the amendment made by subsection (a).
 (c)Conforming amendmentSection 1171(2) of the Social Security Act (42 U.S.C. 1320d(2)) is amended by inserting before the period the following: or receives a standard transaction from another entity and processes or facilitates the processing of health information into nonstandard format or nonstandard data content for the receiving entity. Such term also includes an entity that carries out such processing functions, transmits standard health care claims, transmits health care claim payments or provides advice on such, and transmits any standard transactions on behalf of a HIPAA-covered entity and in addition, engages in any authority of such entity described in subsection (b)(3) of section 13451 of the Health Information Technology for Economic and Clinical Health Act.


114 HJ 55 : Proposing a balanced budget amendment to the Constitution of the United States.
U.S. House of Representatives
2016-05-31
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.

IA
114th CONGRESS
 2d Session
H. J. RES. 55
IN THE HOUSE OF REPRESENTATIVES

May 20, 2015
Mr. Brat introduced the following joint resolution; which was referred to the Committee on the Judiciary

May 31, 2016
Additional sponsors: Mr. Ribble, Mr. Amash, Mr. Zinke, Mr. Cramer, Mr. Gosar, Mr. Perry, Mr. Newhouse, Mr. Walberg, Mr. Massie, Mr. Mooney of West Virginia, Mr. McClintock, Mr. Guthrie, Mr. Griffith, Mr. Clawson of Florida, Mr. Jones, Mr. Posey, Mr. Duncan of South Carolina, Mr. Rohrabacher, Mr. Sanford, Mr. Harris, Mr. Labrador, Mr. Rigell, Mr. Yoho, Mr. Gowdy, Mr. Stutzman, Mr. Messer, Mr. Gibson, Mr. Palazzo, Mr. Webster of Florida, Mr. Westerman, Mr. Sensenbrenner, Mrs. Love, Mr. Moolenaar, Mr. Grothman, Mr. Lipinski, Mr. Walker, Mr. Zeldin, Mr. Bishop of Michigan, Mr. Rokita, Mr. Marino, Mr. Rice of South Carolina, Mr. Salmon, Mr. Byrne, Mr. Meadows, Mr. Fleming, Mr. Buck, Mr. Jordan, Mr. Schweikert, Mr. Bridenstine, Mr. Blum, Mr. Stivers, Mr. DesJarlais, Mr. Carter of Georgia, Mr. Garrett, Mr. Guinta, Mrs. Blackburn, Mr. Fincher, Mr. Austin Scott of Georgia, Mr. Ratcliffe, Mr. Franks of Arizona, Mr. Loudermilk, Mr. Renacci, and Mr. Trott

JOINT RESOLUTION
Proposing a balanced budget amendment to the Constitution of the United States.

That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification:   — 1.Expenditures and receipts shall be balanced, which may occur over more than one year to accommodate economic conditions. Expenditures shall include all expenditures of the United States except those for payment of debt, and receipts shall include all receipts of the United States except those derived from borrowing.
2.For emergency situations two-thirds of the House of Representatives and the Senate may for limited times authorize expenditures exceeding those pursuant to rules established under section 1. Debts incurred from such expenditures shall be paid as soon as practicable.  3.Congress shall have power to enforce this article by appropriate legislation, which shall allow not more than ten years after ratification to comply with section 1. .


116 HR 8609 IH: Protect Peaceful Protests Act
U.S. House of Representatives
2020-10-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8609IN THE HOUSE OF REPRESENTATIVESOctober 16, 2020Mr. Ted Lieu of California (for himself, Mr. Blumenauer, Mr. Raskin, Ms. Escobar, Mrs. Hayes, and Ms. Norton) introduced the following bill; which was referred to the Committee on the Judiciary, 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 concernedA BILLTo limit the extent to which certain Federal law enforcement agencies may be permitted to conduct law enforcement functions in a jurisdiction without the approval of such jurisdiction, and for other purposes.1.Short titleThis Act may be cited as the Protect Peaceful Protests Act.2.Law enforcement authority(a)Powers of enforcement personnelSection 508(a)(5) of the Controlled Substances Act is amended to read as follows:(5)perform such law enforcement duties as the Attorney General may designate as necessary to enforce the controlled substances laws of the United States, which shall not include any law enforcement duty that does not relate to, arise from, or supplement investigations of matters concerning drugs..(b)U.S. Marshals Service powers and dutiesSection 566(c) of title 28, United States Code, is amended by inserting after the period at the end the following: The United States Marshals Service may not deputize a law enforcement officer of a State (or any unit of local government within a State), Indian tribe, territory, or the District of Columbia, unless pursuant to a request by the chief executive of the appropriate State, Indian tribe, territory, or the District of Columbia. The United States Marshals Service may not deputize any other law enforcement officer of the Federal Government, unless pursuant to a request by the chief executive of the appropriate State, Indian tribe, territory, or the District of Columbia..(c)Law enforcement authority of Secretary of Homeland SecuritySection 1315(b) of title 40, United States Code, is amended—(1)in paragraph (1), by striking The Secretary and inserting Subject to paragraph (3), the Secretary; and(2)by adding at the end the following:(3)ProtestsThe Secretary may not designate additional employees of the Department of Homeland Security as officers and agents for duty in connection with the protection of property owned or occupied by the Federal Government, or persons on the property, in any area in which protest activity is occurring, unless pursuant to a request by the chief executive of the appropriate State, Indian tribe, territory, or the District of Columbia. This paragraph shall not apply to the designation of employees transferred to the Department of Homeland Security from the Office of the Federal Protective Service of the General Services Administration pursuant to the Homeland Security Act of 2002..


110 HR 1276 IH: Soboba Band of Luiseño Indians

U.S. House of Representatives
2007-03-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 1276
		IN THE HOUSE OF REPRESENTATIVES

			March 1, 2007
			Mrs. Bono (for
			 herself, Mr. Lewis of California,
			 Mr. Baca, and
			 Mr. Kildee) introduced the following
			 bill; which was referred to the Committee
			 on Natural Resources

		A BILL
		To approve, ratify, and confirm the settlement agreement
		  entered into to resolve claims by the Soboba Band of Luiseno Indians relating
		  to alleged interences with the water resources of the Tribe, to authorize and
		  direct the Secretary of the Interior to execute and perform the Settlement
		  Agreement and related waivers, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Soboba Band of Luiseño Indians
			 Settlement Act.
		2.Findings and
			 purposes
			(a)FindingsCongress
			 finds the following:
				(1)The Soboba Band of
			 Luiseño Indians is a federally recognized Indian tribe whose Reservation of
			 approximately 6,000 acres, extending east and north from the banks of San
			 Jacinto River in Riverside County, California, was created by an Executive
			 Order of June 19, 1883, and enlarged and modified by subsequent Executive
			 Orders, purchases, and an Act of Congress.
				(2)The Tribe’s water rights have not been
			 quantified, and the Tribe has longstanding unresolved claims for interferences
			 with the water resources of its Reservation, which the Tribe maintains have
			 rendered much of the Tribe’s Reservation useless for habitation, livestock, or
			 agriculture. On April 20, 2000, the Tribe filed a lawsuit against the
			 Metropolitan Water District of Southern California for interference with the
			 Tribe’s water resources and damages to its Reservation allegedly caused by
			 Metropolitan Water District of Southern California’s construction and operation
			 of the San Jacinto Tunnel, which is part of the Colorado River Aqueduct. The
			 lawsuit, titled Soboba Band of Luiseño Indians v. Metropolitan Water District
			 of Southern California, No. 00–04208 GAF (MANx), is pending in the United
			 States District Court for the Central District of California.
				(3)The Tribe also has
			 made claims against Eastern Municipal Water District and Lake Hemet Municipal
			 Water District, located adjacent to the Reservation, seeking to secure its
			 water rights and damages arising from alleged past interference with the
			 Tribe’s water resources.
				(4)Recognizing that
			 the final resolution of its water rights and claims through litigation will
			 take many years and entail great expense to all parties, continue to limit the
			 Tribe’s access to water with economic, social, and cultural consequences to the
			 Tribe, prolong uncertainty as to the availability of water supplies, and
			 seriously impair the long-term economic planning and development of all
			 parties, the Tribe and non-Indian entities have sought to settle their
			 water-related disputes and reduce the burdens of litigation.
				(5)After
			 negotiations, which included participation by representatives of the Tribe, the
			 United States, the Metropolitan Water District of Southern California, the
			 Eastern Municipal Water District, and Lake Hemet Municipal Water District, the
			 parties have entered into a Settlement Agreement to determine the Tribe’s water
			 rights, resolve all of its claims for interference with the water resources of,
			 and damages to, its Reservation, and provide for the construction of water
			 projects to facilitate the exercise of the Tribe’s rights.
				(6)Pursuant to the
			 Settlement Agreement, Eastern Municipal Water District and Lake Hemet Municipal
			 Water District acknowledge and assure the Tribe’s prior and paramount right,
			 superior to all others, to pump 9,000 acre-feet of water annually from the San
			 Jacinto River basin. To provide water to the Tribe and to reduce the overdraft
			 of the basin, the two water districts and the Metropolitan Water District of
			 Southern California will contract to import and recharge supplemental water
			 supplies into the basin. The water districts also will make substantial
			 additional contributions to the settlement, including the conveyance of certain
			 replacement lands and economic development funds to the Tribe, to carry out the
			 Settlement Agreement’s provisions.
				(7)It is appropriate
			 that the United States participate in the implementation of the Settlement
			 Agreement, and contribute funds to enable the Tribe to use its water
			 entitlement in developing its Reservation, and to assist the neighboring
			 non-Indian entities in the construction, operation, and maintenance of the
			 facilities required to recharge the imported water.
				(b)PurposesThe
			 purposes of this Act include—
				(1)to approve,
			 ratify, and confirm the Settlement Agreement entered into by the Tribe and
			 non-Indians entities;
				(2)to authorize and
			 direct the Secretary of the Interior to execute and perform the Settlement
			 Agreement and related waivers; and
				(3)to authorize the
			 actions, agreements, and appropriations as provided in the Settlement Agreement
			 and this Act.
				3.DefinitionsIn this Act, the following definitions
			 apply:
			(1)Development
			 fundThe term Development Fund means the Soboba Band
			 of Luiseño Indians Water Development Fund established by section 7.
			(2)ReservationThe
			 term Reservation means the Soboba Indian Reservation created by an
			 Executive Order dated June 19, 1883, and enlarged and modified by subsequent
			 Executive Orders, purchases, and an Act of Congress, excluding the 950 acres
			 northwest of and contiguous to the Reservation known as the Jones
			 Ranch, purchased by the Soboba Tribe in fee on July 21, 2001, and
			 placed into trust on January 13, 2003, the 129.19 acres southeast of and
			 contiguous to the Reservation known as the Horseshoe Properties,
			 purchased by the Soboba Tribe in fee in four separate transactions in June and
			 December 2001, and the 478 acres north of and contiguous to the Reservation
			 known as Kwiili, purchased by the Soboba Tribe in fee on April
			 4, 2004.
			(3)Restoration
			 fundThe term Restoration Fund means the San Jacinto
			 Basin Restoration Fund established by this Act.
			(4)SecretaryThe
			 term Secretary means the Secretary of the Interior or the
			 Secretary’s designee.
			(5)Settlement
			 agreementThe term Settlement Agreement means that
			 agreement dated June 7, 2006, together with all exhibits thereto. The parties
			 to the Settlement Agreement are the Soboba Band of Luiseño Indians and its
			 members, the United States on behalf of the Tribe and its members, the
			 Metropolitan Water District of Southern California, Eastern Municipal Water
			 District, and Lake Hemet Municipal Water District.
			(6)Tribe, soboba
			 tribe, or soboba band of luiseño indiansThe terms
			 Tribe, Soboba Tribe, or Soboba Band of Luiseño
			 Indians means the body politic and federally recognized Indian tribe,
			 and its members.
			(7)Water management
			 planThe term Water Management Plan means the plan,
			 approved by the Soboba Tribe and the Secretary, developed pursuant to Section
			 4.8, paragraph A of the Settlement Agreement to resolve the overdraft of the
			 San Jacinto basin.
			4.Ratification of
			 settlement agreement; authorization
			(a)In
			 generalThe United States hereby approves, ratifies, and confirms
			 the Settlement Agreement, except to the extent it conflicts with the provisions
			 of this Act, and consents to be made a party to the pending action described in
			 section 2(a)(2) for the purpose of entering the judgment and decree attached to
			 the Settlement Agreement as Exhibit H.
			(b)AuthorizationThe
			 Secretary is authorized and directed to execute, and take such other actions as
			 are necessary to implement, the Settlement Agreement and any amendments
			 approved by the parties necessary to make the Settlement Agreement consistent
			 with this Act.
			5.Authorization of
			 appropriations
			(a)Restoration
			 fundThere is authorized $10,000,000 to be appropriated to the
			 San Jacinto Basin Restoration Fund established in this Act to pay or reimburse
			 costs associated with constructing, operating, and maintaining the portion of
			 the basin recharge project, described in Section 4.5 of the Settlement
			 Agreement, necessary to accommodate deliveries of the supplemental imported
			 water under Section 4.4 of the Settlement Agreement.
			(b)Development
			 fundThere is authorized $11,000,000 to be appropriated to the
			 Soboba Band of Luiseño Indians Water Development Fund to pay or reimburse costs
			 associated with constructing, operating, and maintaining water and sewage
			 infrastructure, and other water-related development projects.
			6.Restoration
			 fund
			(a)EstablishmentThereis
			 established within the Treasury of the United States a non-interest bearing
			 account to be known as the San Jacinto Basin Restoration Fund,
			 consisting of the amounts authorized to be appropriated in section 5(a).
			(b)AdministrationThe
			 Restoration Fund shall be administered by the Secretary for the purposes set
			 forth in subsection (d).
			(c)AvailabilityThe
			 funds authorized to be appropriated pursuant to section 5(a) shall be available
			 for expenditure or withdrawal only after the requirements set forth in section
			 9(e) and subsection (d) of this section have been met.
			(d)Expenditures and
			 withdrawals
				(1)Expenditure
			 plan
					(A)In
			 generalEastern Municipal Water District, on behalf of the Water
			 Management Plan, shall submit to the Secretary for approval an expenditure plan
			 for use of the Restoration Fund.
					(B)RequirementsThe
			 expenditure plan shall require that any funds be expended or reimbursed in
			 accordance with the purposes described in section 5(a).
					(C)ApprovalThe
			 Secretary shall approve the expenditure plan if it is reasonable and not
			 inconsistent with this Act.
					(2)WithdrawalsOn
			 approval by the Secretary of the expenditure plan described in this section,
			 the Eastern Municipal Water District, on behalf of the Water Management Plan,
			 may withdraw monies from the Restoration Fund as provided in the plan.
				(3)EnforcementThe
			 Secretary may take judicial or administrative action to enforce the provisions
			 of any expenditure plan to ensure that monies withdrawn from the Restoration
			 Fund under the plan are used in accordance with this Act.
				(4)LiabilityIf
			 the Eastern Municipal Water District, on behalf of the Water Management Plan,
			 exercises the right to withdraw monies from the Restoration Fund, neither the
			 Secretary nor the Secretary of the Treasury shall retain any liability for the
			 expenditure or investment of the monies withdrawn.
				(5)Annual
			 reportEastern Municipal Water District shall submit to the Tribe
			 and the Secretary an annual report that describes all expenditures from the
			 Restoration Fund during the year covered by the report.
				7.Development
			 fund
			(a)EstablishmentThere
			 is established within the Treasury an interest bearing account to be known as
			 the Soboba Band of Luiseño Indians Water Development Fund, to be
			 managed and invested by the Secretary, consisting of the amounts authorized to
			 be appropriated in section 5(b).
			(b)ManagementThe
			 Secretary shall manage the Development Fund, make investments, and make monies
			 available for distribution consistent with the American Indian Trust Fund
			 Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) (referred to in this
			 section as the Trust Fund Reform Act), this Act, and the
			 Settlement Agreement.
			(c)InvestmentThe
			 Secretary shall invest amounts in the Development Fund in accordance
			 with—
				(1)the Act of April
			 1, 1880 (21 Stat. 70, ch. 41, 25 U.S.C. 161);
				(2)the first section
			 of the Act of June 24, 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a);
			 and
				(3)subsection
			 (b).
				(d)AvailabilityThe
			 funds authorized to be appropriated pursuant to section 5(b) shall be available
			 for expenditure or withdrawal only after the requirements set forth in section
			 9(e) and subsection (e) have been met.
			(e)Expenditures and
			 withdrawals
				(1)Tribal
			 management plan
					(A)In
			 generalThe Tribe may withdraw all or part of the Development
			 Fund on approval by the Secretary of a tribal management plan as described in
			 the Trust Fund Reform Act.
					(B)RequirementsIn
			 addition to the requirements under the Trust Fund Reform Act, the tribal
			 management plan shall require that any funds be expended or reimbursed in
			 accordance with the purposes described in section 5(b).
					(2)EnforcementThe
			 Secretary may take judicial or administrative action to enforce the provisions
			 of any tribal management plan to ensure that monies withdrawn from the
			 Development Fund under the plan are used in accordance with this Act.
				(3)LiabilityIf
			 the Tribe exercises the right to withdraw monies from the Development Fund,
			 neither the Secretary nor the Secretary of the Treasury shall retain any
			 liability for the expenditure or investment of the monies withdrawn.
				(4)Annual
			 reportThe Tribe shall submit to the Secretary an annual report
			 that describes all expenditures from the Development Fund during the year
			 covered by the report.
				(5)No per capita
			 distributionsNo part of the Development Fund shall be
			 distributed on a per capita basis to members of the Tribe.
				8.Waivers and
			 releases
			(a)Tribe and united
			 states authorizationThe Tribe, on behalf of itself and its
			 members, and the Secretary, on behalf of the United States in its capacity as
			 trustee for the Tribe and its members, are authorized, as part of the
			 performance of their obligations under the Settlement Agreement, to execute a
			 waiver and release for claims under Federal, State, or other law against the
			 Metropolitan Water District of Southern California, the Eastern Municipal Water
			 District, and the Lake Hemet Municipal Water District, for any and all of the
			 following:
				(1)Past, present, and
			 future claims to surface and groundwater rights for the Reservation from time
			 immemorial through the effective date described in section 10 and anytime
			 thereafter.
				(2)Past, present, and
			 future claims for injury of any kind, whether to person, property, or other
			 right or interest, arising from, or in any way related to, interference with
			 surface and groundwater rights and resources of the Reservation, including, but
			 not limited to, all claims for injury to the Tribe’s use and enjoyment of the
			 Reservation, economic development, religion, language, social structure and
			 culture, and injury to the natural resources of the Reservation, from time
			 immemorial through the effective date described in section 10.
				(3)Past, present, and
			 future claims for injury of any kind, whether to person, property, or other
			 right or interest, arising from, or in any way related to, continuing
			 interference with surface and groundwater rights and resources of the
			 Reservation, including the full scope of claims defined in Section 5.1,
			 paragraph A(2) of the Settlement Agreement, to the extent that such continuing
			 interference began prior to the effective date described in section 10 of this
			 Act, from time immemorial through the effective date described in section 10 of
			 this Act and anytime thereafter.
				(4)Past, present, and
			 future claims for injury of any kind, whether to person, property, or other
			 right or interest, arising from, or in any way related to, seepage of water
			 into the San Jacinto Tunnel, including the full scope of claims defined in
			 Section 5.1, paragraph A(2) of the Settlement Agreement, from time immemorial
			 through the effective date described in section 10 of this Act and anytime
			 thereafter.
				(b)Tribal waivers
			 against the united statesThe Tribe is authorized, as part of the
			 performance of its obligations under the Settlement Agreement, to execute a
			 waiver and release for claims against the United States (acting in its capacity
			 as trustee for the Tribe or its members, or otherwise acting on behalf of the
			 Tribe or its members), including any agencies, officials, or employees thereof,
			 for any and all of the following:
				(1)Claims described
			 in subsection (a).
				(2)Past, present, and
			 future claims for failure to acquire or develop water rights and resources of
			 the Reservation from time immemorial through the effective date described in
			 section 10 of this Act and anytime thereafter.
				(3)Past, present, and
			 future claims for failure to protect water rights and resources of the
			 Reservation from time immemorial through the effective date described in
			 section 10 of this Act, and any past, present, and future claims for any
			 continuing failure to protect water rights and resources of the Reservation,
			 from time immemorial through the effective date described in section 10 of this
			 Act and, to the extent that such continuing failure to protect began before the
			 effective date described in section 10 of this Act, anytime thereafter.
				(4)Past, present, and
			 future claims arising from the failure of any non-federal Party to fulfill the
			 terms of the Settlement Agreement at anytime.
				(5)Past, present, and
			 future claims arising out of the negotiation of the Settlement Agreement or the
			 negotiation and enactment of this Act, or any specific terms or provisions
			 thereof, including, but not limited to, the Tribe's consent to limit the number
			 of participant parties to the Settlement Agreement.
				9.Miscellaneous
			 provisions
			(a)Waiver of
			 sovereign immunityIf any party to the Settlement Agreement
			 brings an action or other proceeding in any court of the United States relating
			 only and directly to the interpretation or enforcement of this Act or the
			 Settlement Agreement and names the United States or the Soboba Tribe as a
			 party—
				(1)the United States,
			 the Tribe, or both, may be joined in any such action; and
				(2)any claim by the
			 United States or the Tribe to sovereign immunity from the action is waived,
			 other than with respect to claims for monetary awards, for the limited and sole
			 purpose of such interpretation or enforcement.
				(b)Tribal use of
			 water
				(1)In
			 generalWith respect to water rights made available under the
			 Settlement Agreement—
					(A)the Tribe may use
			 water made available to it under the Settlement Agreement for any use it deems
			 advisable on the Reservation and on any other lands it owns or may acquire, in
			 fee or in trust, contiguous to the Reservation or within the area of the
			 groundwater basin described in Section 2.4 of the Settlement Agreement;
					(B)such water rights
			 shall be held in trust by the United States in perpetuity, and shall not be
			 subject to forfeiture or abandonment; and
					(C)State law shall not
			 apply to the Tribe's use of water made available to it under the Settlement
			 Agreement.
					(2)Limitation
					(A)In
			 generalExcept as provided in subparagraph (B), the Tribe shall
			 not sell or lease water made available to it under the Settlement
			 Agreement.
					(B)ExceptionThe
			 Tribe may enter into contracts and options to lease, contracts and options to
			 exchange, or contracts and options to forbear the use of water made available
			 to it under the Settlement Agreement or postpone undertaking new or expanded
			 water uses, provided that any such contract or option for a term greater than
			 five years shall require the approval of the Secretary. Any such water thereby
			 made available to others shall only be used by participants in, or other users
			 within the area of, the Water Management Plan described in Section 2.32 of the
			 Settlement Agreement. No contract shall be for a term exceeding 100 years, nor
			 shall any contract provide for permanent alienation of any portion of the water
			 rights made available under the Settlement Agreement.
					(c)Acceptance of
			 land into trustThe Secretary shall accept into trust for the
			 benefit of the Tribe the lands conveyed to the Tribe pursuant to Section 4.6 of
			 the Settlement Agreement.
			(d)Habitat
			 conservationThe United States, in its capacity as trustee for
			 the Tribe, and the Tribe in its own right shall make available, including, if
			 necessary, by conveyance of a permanent easement to the United States Fish and
			 Wildlife Service or other agency of the United States, up to 98 acres of
			 Reservation land for habitat conservation related to the portion of the basin
			 recharge project necessary to accommodate deliveries of the supplemental
			 imported water described in Section 4.4 of the Settlement Agreement.
			(e)Availability of
			 appropriationsThe funds authorized to be appropriated under
			 section 5 of this Act shall not be available for expenditure or withdrawal
			 until the requirements of section 10(a) of this Act have been met and the
			 waivers and releases set out in section 8 of this Act become effective.
			(f)Retention of
			 rightsIn the event the waivers and releases set out in section 8
			 of this Act do not become effective pursuant to section 10(a) of this Act, the
			 Soboba Tribe and the United States shall retain the right to assert all rights
			 and claims enumerated in section 8, and any claims or defenses of the parties
			 to the Settlement Agreement shall also be retained. The parties expressly
			 reserve all rights not specifically granted, recognized, waived, or released by
			 the Settlement Agreement or this Act.
			(g)PrecedentNothing
			 in this Act shall be construed or interpreted as a precedent for the
			 quantification or litigation of Federal reserved water rights or the
			 interpretation or administration of future water settlement Acts.
			(h)Other indian
			 tribesNothing in the Settlement Agreement or this Act shall be
			 construed in any way to quantify or otherwise adversely affect the water
			 rights, claims, or entitlements to water of any Indian tribe, band, or
			 community, other than the Tribe.
			(i)Environmental
			 complianceSigning by the Secretary of the Settlement Agreement
			 does not constitute major Federal action under the National Environmental
			 Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Secretary shall comply with
			 all aspects of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
			 seq.), and other applicable environmental laws, in implementing the terms of
			 the Settlement Agreement and this Act.
			10.Effective
			 date
			(a)In
			 generalThe waiver and release authorizations contained in
			 subsections (b) and (c) of section 8 shall become effective on the date that
			 the Secretary causes to be published in the Federal Register a statement of
			 findings that—
				(1)to the extent that
			 the Settlement Agreement conflicts with this Act, the Settlement Agreement has
			 been revised to conform with the Act;
				(2)the Settlement
			 Agreement, revised as necessary, and the waivers and releases described in
			 Article 5 of the Settlement Agreement and section 8 of this Act have been
			 executed by the parties and the Secretary;
				(3)warranty deeds for
			 the property to be conveyed to the Tribe described in section 4.6 of the
			 Settlement Agreement have been placed in escrow;
				(4)the Tribe and the
			 Secretary have approved the Water Management Plan;
				(5)the
			 judgment and decree attached to the Settlement Agreement as Exhibit H has been
			 approved by the United States District Court, Eastern Division of the Central
			 District of California, and that judgment and decree have become final and
			 nonappealable; and
				(6)the payment of the
			 funds authorized by section 5 of this Act have been appropriated and deposited
			 into the Restoration Fund and the Development Fund.
				(b)Deadline for
			 effective dateIf the conditions precedent required under
			 paragraph (a) have not been fulfilled by December 31, 2008, the Settlement
			 Agreement and this Act shall not thereafter be effective and shall be null and
			 void, any funds and the interest accrued thereon appropriated pursuant to
			 section 5 shall revert to the general fund of the United States Treasury on
			 October 1, 2009.


117 HR 3281 IH: Recognizing the Protection of Motorsports Act of 2019
U.S. House of Representatives
2021-05-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 3281IN THE HOUSE OF REPRESENTATIVESMay 17, 2021Mr. McHenry (for himself, Mr. Ruiz, Mr. Hudson, Mr. Pence, Mr. Webster of Florida, Mr. Budd, Mr. Jordan, Mr. McClintock, Mr. Duncan, Mr. LaHood, Mr. Moore of Utah, Mr. Perry, Mr. Rouzer, Mr. Rogers of Alabama, Mr. Kelly of Pennsylvania, Mr. Palmer, Mrs. Torres of California, Mr. Massie, Mr. Valadao, Mr. Posey, Mr. Mullin, Mr. Burgess, Ms. Stevens, Mr. Carbajal, Mr. LaMalfa, Mr. Young, Mr. Cooper, Mr. Calvert, Mr. Bishop of Georgia, Mr. Cawthorn, Ms. Bourdeaux, Mr. Schrader, Ms. Brownley, Mrs. Lesko, Mrs. Greene of Georgia, Mr. O'Halleran, Mr. Grothman, Mr. Peters, Mrs. Walorski, Mr. Aderholt, Mr. Panetta, Mrs. Boebert, Mr. Rodney Davis of Illinois, Mr. Thompson of California, Mr. Brendan F. Boyle of Pennsylvania, Mr. Keller, Mr. Stauber, and Mr. Cuellar) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Clean Air Act to provide an exemption from certain antitampering provisions for certain actions for modifying a motor vehicle that is not legal for operation on a street or highway and is to be used solely for competition, and for other purposes.1.Short titleThis Act may be cited as the Recognizing the Protection of Motorsports Act of 2019 or the RPM Act of 2019.2.Exemption from antitampering provisionsSection 203(a) of the Clean Air Act (42 U.S.C. 7522(a)) is amended by adding at the end the following: No action with respect to any device or element of design referred to in paragraph (3) shall be treated as a prohibited act under that paragraph if the action is for the purpose of modifying a motor vehicle into a vehicle that is not legal for operation on a street or highway and is to be used solely for competition..3.RegulationNot later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall finalize a regulation to implement the amendment made by this Act.4.Effective dateSection 2 shall take effect not later than one year after the date of enactment of this Act without regard to whether a final regulation has been promulgated as required by section 3.


		I
		112th CONGRESS
		2d Session
		H. R. 5915
		IN THE HOUSE OF REPRESENTATIVES

			June 7, 2012
			Mr. Kelly introduced
			 the following bill; which was referred to the
			 Committee on Education and the
			 Workforce

		A BILL
		To amend the Fair Labor Standards Act to exempt marketing
		  research participants and mystery shoppers from certain provisions of that
		  Act.

		1.Short titleThis Act may be cited as the
			 Research Fairness Act of
			 2012.
		2.Exemption for
			 marketing research participants and mystery shoppersSection 13(a) of the Fair Labor Standards
			 Act of 1938 (29 U.S.C. 213(a)) is amended by adding at the end the following
			 new paragraph:

				(18)(A)any individual engaged as a participant in
				bona fide marketing research involved in the collection and analysis of data
				regarding opinions, needs, awareness, knowledge, views, experiences, or
				behaviors of a population, through the development and administration of
				surveys, interviews, focus groups, polls, observation, or other research
				methodologies, in which no sales, promotional, or marketing efforts are
				involved and through which there is no attempt to influence a participant’s
				attitudes or behavior;
					(B)any individual engaged to measure or
				evaluate a customer’s experience or some aspect thereof either at a defined
				location, or while using or purporting to use a specified product or service,
				provided that (i) the service opportunities are offered to the individual on a
				project-by-project basis, which the individual can accept or decline, and (ii)
				the remuneration for the services the individual performs is determined on a
				basis other than the amount of time worked.
					.


114 HR 4457 IH: Judicial Administration and Improvement Act of 2016
U.S. House of Representatives
2016-02-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 4457
		IN THE HOUSE OF REPRESENTATIVES

			February 3, 2016
			Mr. Salmon (for himself and Mr. Franks of Arizona) introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To amend title 28, United States Code, to divide the ninth judicial circuit of the United States
			 into 2 circuits, and for other purposes.

 1.Short titleThis Act may be cited as the Judicial Administration and Improvement Act of 2016. 2.DefinitionsIn this Act:
 (1)Former ninth circuitThe term former ninth circuit means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act.
 (2)New ninth circuitThe term new ninth circuit means the ninth judicial circuit of the United States established by the amendment made by section 3.
 (3)Twelfth circuitThe term twelfth circuit means the twelfth judicial circuit of the United States established by the amendment made by section 3.
 3.Number and composition of circuitsSection 41 of title 28, United States Code, is amended— (1)in the matter preceding the table, by striking thirteen and inserting fourteen; and
 (2)in the table— (A)by striking the item relating to the ninth circuit and inserting the following:

									NinthCalifornia, Hawaii, Oregon, Washington, Guam, Northern Mariana Islands.;
 and (B)by inserting after the item relating to the eleventh circuit the following:

									TwelfthAlaska, Arizona, Idaho, Montana, Nevada..
 4.Number of circuit judgesThe table contained in section 44(a) of title 28, United States Code, is amended— (1)by striking the item relating to the ninth circuit and inserting the following:

						Ninth21;
 and (2)by inserting after the item relating to the eleventh circuit the following:

						Twelfth8.
 5.Places of circuit courtThe table contained in section 48(a) of title 28, United States Code, is amended by inserting after the item relating to the eleventh circuit the following:

							TwelfthLas Vegas, Phoenix, Anchorage, Missoula..
		6.Election of assignment of circuit judges
 (a)In generalEach circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act—
 (1)is in California, Oregon, Washington, Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the new ninth circuit as of such effective date; and
 (2)subject to subsection (b), is in Alaska, Arizona, Idaho, Montana, or Nevada, shall be a circuit judge of the twelfth circuit as of such effective date.
 (b)Election by certain circuit judgesA circuit judge in regular active service as described in subsection (a)(2) may elect to be permanently assigned to the new ninth circuit as of such effective date by notifying the Director of the Administrative Office of the United States Courts of such election.
 (c)VacanciesFor each individual serving in the position of circuit judge of the former ninth circuit whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, after the date on which such individual ceases to serve as a circuit judge, the President shall appoint, by and with the advice and consent of the Senate, 1 additional circuit judge for the twelfth circuit, without regard to whether such individual makes an election described in subsection (b).
 7.Election of assignment by senior judgesEach judge who is a senior circuit judge of the former ninth circuit, whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, may elect to be assigned to the new ninth circuit or the twelfth circuit as of such effective date and shall notify the Director of the Administrative Office of the United States Courts of such election.
		8.Authorization of temporary judgeships
 (a)In generalFor each circuit judge in regular active service who elects to be assigned to the new ninth circuit under section 6(b), the President shall appoint, by and with the advice and consent of the Senate, 1 additional circuit judge for the twelfth circuit, resident in the duty station of the circuit judge making the election as of the day before the effective date of this Act.
 (b)VacanciesFor each appointment made under subsection (a) for the twelfth circuit, an equal number of corresponding vacancies in the position of circuit judge for the twelfth circuit shall not be filled.
			9.Seniority of judges
 (a)In generalThe seniority of each judge— (1)who elects to be assigned to the twelfth circuit under section 6(b);
 (2)who elects to be assigned to the new ninth circuit under section 6(b); or (3)who elects to be assigned to the twelfth circuit under section 7,
 shall run from the date of commission of such judge as a judge of the former ninth circuit.(b)Temporary twelfth circuit judgesThe seniority of each judge appointed under section 8(a) shall run from the date of commission of such judge as a judge of the twelfth circuit.
 10.Application to casesThe following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit:
 (1)Except as provided in paragraph (3), if the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted.
 (2)If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect on the date on which such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court.
 (3)If a petition for rehearing en banc is pending on or after the effective date of this Act, the petition shall be considered by the court of appeals to which the petition would have been submitted had this Act been in full force and effect on the date on which the appeal or other proceeding was filed with the court of appeals.
			11.Administration
 (a)In generalThe court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act.
 (b)Administrative terminationThe court described in subsection (a) shall cease to exist for administrative purposes 2 years after the effective date of this Act.
 12.Effective dateThis Act and the amendments made by this Act shall take effect 1 year after the date of enactment of this Act.
 13.Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary to provide appropriate space and facilities for any judicial positions created by this Act or an amendment made by this Act.


113 HR 65 IH: Child Gun Safety and Gun Access Prevention Act of 2013
U.S. House of Representatives
2013-01-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 65
		IN THE HOUSE OF REPRESENTATIVES

			January 3, 2013
			Ms. Jackson Lee
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To prevent children’s access to
		  firearms.

		1.Short titleThis Act may be cited as the
			 Child Gun Safety and Gun Access
			 Prevention Act of 2013.
		2.Increasing youth
			 gun safety by raising the age of handgun eligibility and prohibiting youth from
			 possessing semiautomatic assault weaponsSection 922(x) of title 18, United States
			 Code, is amended—
			(1)in paragraph
			 (1)—
				(A)by striking
			 juvenile and inserting person who is less than 21 years
			 of age;
				(B)by striking
			 or at the end of subparagraph (A);
				(C)by striking the
			 period at the end of subparagraph (B) and inserting a semicolon; and
				(D)by adding at the
			 end the following:

						(C)a semiautomatic assault weapon;
				or
						(D)a large capacity ammunition feeding
				device.
						;
				(2)in paragraph
			 (2)—
				(A)by striking
			 a juvenile and inserting less than 21 years of
			 age;
				(B)by striking
			 or at the end of subparagraph (A);
				(C)by striking the
			 period at the end of subparagraph (B) and inserting a semicolon; and
				(D)by inserting at
			 the end the following:

						(C)a semiautomatic
				assault weapon; or
						(D)a large capacity
				ammunition feeding
				device.
						;
				(3)in paragraph
			 (3)(A), by inserting temporary before
			 possession;
			(4)in paragraph
			 (3)(B), by striking juvenile and inserting person who is
			 less than 21 years of age;
			(5)in paragraph
			 (3)(C), by striking juvenile; or and inserting person who
			 is less than 21 years of age;;
			(6)by striking
			 subparagraph (D) of paragraph (3) and inserting the following:

					(D)the possession of a handgun or
				ammunition by a person who is less than 21 years of age taken in defense of
				that person or other persons against an intruder into the residence of that
				person or a residence in which that person is an invited guest;
				or
					;
			(7)by adding at the
			 end of paragraph (3) the following:

					(E)a temporary transfer of a handgun or
				ammunition to a person who is at least 18 years of age and less than 21 years
				of age, or the temporary use or possession of a handgun or ammunition by a
				person who is at least 18 years of age and less than 21 years of age, if the
				handgun and ammunition are possessed and used by the person—
						(i)in the course of employment, in the
				course of ranching or farming related to activities at the residence of the
				person (or on property used for ranching or farming at which the person, with
				the permission of the property owner or lessee, is performing activities
				related to the operation of the farm or ranch), target practice, hunting, or a
				course of instruction in the safe and lawful use of a handgun; and
						(ii)in accordance with State and local
				law.
						;
				and
			(8)in paragraph (4),
			 by striking juvenile each place it appears and inserting
			 person who is less than 21 years of age.
			3.Enhanced penalty
			 for youth possession of handguns and semiautomatic assault weapons and for the
			 transfer of such weapons to youthSection 924(a)(6) of title 18, United States
			 Code, is amended to read as follows:

				(6)(A)A juvenile who violates
				section 922(x) shall be fined under this title, imprisoned not more than one
				year, or both, and for a second or subsequent violation, or for a first
				violation committed after an adjudication of delinquency or after a State or
				Federal conviction for an act that, if committed by an adult, would be a
				serious violent felony (as defined in section 3559(c) of this title), shall be
				fined under this title, imprisoned not more than 5 years, or both.
					(B)A person other than a juvenile who
				knowingly violates section 922(x)—
						(i)shall be fined under this title,
				imprisoned not more than five years, or both; and
						(ii)if the person sold, delivered, or
				otherwise transferred a handgun, ammunition, semiautomatic assault weapon, or
				large capacity ammunition feeding device to a person who is less than 21 years
				of age knowing or having reasonable cause to know that such person intended to
				carry or otherwise possess or discharge or otherwise use the handgun,
				ammunition, semiautomatic assault weapon, or large capacity ammunition feeding
				device in the commission of a crime of violence, shall be fined under this
				title, imprisoned for not more than 10 years, or
				both.
						.
		4.Gun storage and
			 safety devices for all firearms
			(a)Secure gun
			 storage or safety devices by federal firearms licenseesSection
			 922(z) of title 18, United States Code, is amended to read as follows:

					(z)It shall be
				unlawful for any licensed importer, licensed manufacturer, or licensed dealer
				to sell, transfer, or deliver any firearm to any person (other than a licensed
				importer, licensed manufacturer, or licensed dealer) unless the transferee is
				provided with a secure gun storage or safety
				device.
					.
			(b)PenaltiesSection
			 924(p) of such title is amended to read as follows:

					(p)The Attorney
				General may, after notice and opportunity for hearing, suspend or revoke any
				license issued under this chapter or may subject the licensee to a civil
				penalty of not more than $10,000 if the holder of such license has knowingly
				violated section 922(z). The actions of the Attorney General under this
				subsection may be reviewed only as provided in section
				923(f).
					.
			(c)Effective
			 dateThe amendments made by this section shall be effective 180
			 days after the date of the enactment of this Act.
			5.Responsibility of
			 adults for death and injury caused by child access to firearmsSection 922 of title 18, United States Code,
			 is amended by adding at the end the following:

				(aa)(1)In this subsection, the
				term child means an individual who has not attained the age of 18
				years.
					(2)Except as provided in paragraph (3),
				any person who—
						(A)keeps a loaded firearm, or an unloaded
				firearm and ammunition for the firearm, any one of which has been shipped or
				transported in interstate or foreign commerce, within any premises that is
				under the custody or control of that person;
						(B)knows, or recklessly disregards the
				risk, that a child is capable of gaining access to the firearm; and
						(C)(i)knows, or recklessly
				disregards the risk, that a child will use the firearm to cause death or
				serious bodily injury (as defined in section 1365 of this title) to the child
				or any other person; or
							(ii)knows, or recklessly disregards the
				risk, that possession of the firearm by the child is unlawful under Federal or
				State law,
							if the child uses the firearm to cause death or
				serious bodily injury to the child or any other person, shall be imprisoned not
				more than 3 years, fined under this title, or both.(3)Paragraph (2) shall not apply
				if—
						(A)at the time the child obtained access,
				the firearm was secured with a secure gun storage or safety device;
						(B)the person is a peace officer, a
				member of the Armed Forces, or a member of the National Guard, and the child
				obtains the firearm during, or incidental to, the performance of the official
				duties of the person in that capacity;
						(C)the child uses the firearm in a lawful
				act of self-defense or defense of 1 or more other persons; or
						(D)the person has no reasonable
				expectation, based on objective facts and circumstances, that a child is likely
				to be present on the premises on which the firearm is
				kept.
						.
		6.Requirement that
			 child be accompanied by an adult during a gun show
			(a)ProhibitionsSection
			 922 of title 18, United States Code, is further amended by adding at the end
			 the following:

					(bb)(1)The parent or legal
				guardian of a child shall ensure that, while the child is attending a gun show,
				the child is accompanied by an adult.
						(2)It shall be unlawful for a person to
				conduct a gun show to which there is admitted a child who is not accompanied by
				an adult.
						(3)In this subsection:
							(A)The term child means an
				individual who has not attained 18 years of age.
							(B)The term adult means an
				individual who has attained 18 years of
				age.
							.
			(b)PenaltiesSection
			 924(a) of such title is amended by adding at the end the following:

					(8)Whoever violates section 922(bb) in a
				State shall be punished in accordance with the laws of the State that apply to
				persons convicted of child
				abandonment.
					.
			7.Grants for gun
			 safety education programs
			(a)Program
			 authorityThe Attorney General is authorized to provide grants to
			 units of local government to enable law enforcement agencies to develop and
			 sponsor gun safety classes for parents and their children.
			(b)Application
				(1)In
			 generalAny unit of local government that desires to receive a
			 grant award under this section shall submit an application to the Attorney
			 General at such time, in such manner and containing such information as the
			 Attorney General may reasonably require.
				(2)ContentsEach
			 application referred to in paragraph (1) shall include an assurance
			 that—
					(A)funds received
			 under this section shall be used only to provide funds to law enforcement
			 agencies to provide gun safety classes; and
					(B)gun safety classes
			 will be offered at times convenient to parents, including evenings and
			 weekends.
					(c)RegulationsThe
			 Attorney General shall issue any regulations necessary to carry out this
			 section.
			8.Education:
			 nationwide firearms safety programsIt is the sense of Congress that—
			(1)each school
			 district should provide or participate in a firearms safety program for
			 students in grades kindergarten through 12 and should consult with a certified
			 firearms instructor before establishing the curriculum for the program;
			 and
			(2)participation by
			 students in a firearms safety program should not be mandatory if the district
			 receives written notice from a parent of the student to exempt the student from
			 the program.


110 HRES 882 IH: Expressing the sense of the House of

U.S. House of Representatives
2007-12-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		110th CONGRESS
		1st Session
		H. RES. 882
		IN THE HOUSE OF REPRESENTATIVES

			December 17, 2007
			Mrs. Tauscher (for
			 herself, Mr. Skelton,
			 Mr. Lantos,
			 Ms. Sutton,
			 Mr. Rothman,
			 Mr. Loebsack,
			 Mr. Farr, Mr. Shays, Mr.
			 Delahunt, Mr. Crowley,
			 Ms. Matsui,
			 Mr. McGovern,
			 Ms. Lee, Mr. Johnson of Georgia,
			 Mr. Ackerman,
			 Mr. Markey,
			 Mr. Abercrombie,
			 Ms. Woolsey,
			 Mr. Allen,
			 Mr. Doggett,
			 Ms. Schakowsky,
			 Mr. Faleomavaega,
			 Mr. Serrano,
			 Ms. Norton,
			 Mr. McDermott,
			 Mr. Fattah,
			 Ms. Watson,
			 Mr. Van Hollen,
			 Mr. Berman,
			 Mr. Wu, Ms. McCollum of Minnesota,
			 Mr. Holt, Mr. Blumenauer, Mr.
			 Grijalva, Mr. Schiff,
			 Mr. Brady of Pennsylvania,
			 Mr. Filner,
			 Mrs. Capps,
			 Ms. Zoe Lofgren of California, and
			 Mr. Frank of Massachusetts) submitted
			 the following resolution; which was referred to the
			 Committee on Foreign
			 Affairs

		RESOLUTION
		Expressing the sense of the House of
		  Representatives that the Senate should initiate a bipartisan process to give
		  its advice and consent to ratification of the Comprehensive Nuclear-Test-Ban
		  Treaty.

		Whereas securing a global nuclear test ban has been a
			 central arms control objective for more than 40 years;
		Whereas on September 10, 1996, the United Nations approved
			 the Comprehensive Nuclear-Test-Ban Treaty;
		Whereas on September 24, 1996, the United States signed
			 the Comprehensive Nuclear-Test-Ban Treaty at the United Nations;
		Whereas to date, 176 countries have signed the
			 Comprehensive Nuclear-Test-Ban Treaty, including Russia, the People’s Republic
			 of China, the United Kingdom, France, and Israel;
		Whereas 135 countries have ratified the Comprehensive
			 Nuclear-Test-Ban Treaty, including all member states of the North Atlantic
			 Treaty Organization other than the United States;
		Whereas 10 countries, including the United States, must
			 ratify the Comprehensive Nuclear-Test-Ban Treaty for it to enter into
			 force;
		Whereas the United States commitment to conclude the
			 Comprehensive Nuclear-Test-Ban Treaty was a pivotal factor in gaining
			 international support for the indefinite extension of the Treaty on the
			 Non-Proliferation of Nuclear Weapons, the cornerstone of the nuclear
			 nonproliferation regime;
		Whereas the Comprehensive Nuclear-Test-Ban Treaty will
			 strengthen the global norm against nuclear testing, reinforce the nuclear
			 nonproliferation regime, and thereby help efforts by the United States to stop
			 the spread of nuclear weapons to additional countries or groups;
		Whereas by verifiably prohibiting any nuclear
			 weapon test explosion or any other nuclear explosion, the Comprehensive
			 Nuclear-Test-Ban Treaty would help constrain the development of new types of
			 nuclear warheads by existing nuclear-weapon states, including the People’s
			 Republic of China, Russia, India, and Pakistan, and impede the development of
			 smaller, more easily deliverable warheads by would-be nuclear weapon
			 states;
		Whereas independent nuclear weapons experts, including a
			 National Academy of Sciences panel in 2002, believe that the United States has
			 the technical capabilities to maintain confidence in the safety and reliability
			 of its existing nuclear-weapon stockpile under a test ban, if adequate
			 resources are made available to the Department of Energy’s nuclear weapon
			 complex and are properly focused on this task;
		Whereas the National Academy of Sciences panel, which
			 included three former lab directors, found that age-related defects mainly
			 related to non-nuclear components can be expected, but that nuclear
			 testing is not needed to discover these problems and is not likely to be needed
			 to address them;
		Whereas since 1992, the United States has observed a
			 moratorium on nuclear testing;
		Whereas for each of the last 10 years, the Secretary of
			 Defense and Secretary of Energy have formally certified to the President that
			 the United States nuclear stockpile continues to be safe and reliable without
			 nuclear testing;
		Whereas the entry into force of the Comprehensive
			 Nuclear-Test-Ban Treaty is essential to realizing the full benefits of the
			 Treaty’s extensive international monitoring system and on-site inspection
			 capabilities, which enhance the national security of the United States;
			 and
		Whereas the Comprehensive Nuclear-Test-Ban Treaty remains
			 on the executive calendar of the United States Senate: Now, therefore, be
			 it

		That it is the sense of the House of
			 Representatives that the Senate should initiate a bipartisan process to give
			 its advice and consent to ratification of the Comprehensive Nuclear-Test-Ban
			 Treaty.


		II
		112th CONGRESS
		2d Session
		S. 2398
		IN THE SENATE OF THE UNITED STATES

			April 26, 2012
			Mr. Cardin introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on black pepper extracted
		  oleoresin.

		1.Black pepper extracted
			 oleoresin
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Black pepper extracted oleoresin (CAS No. 8002–56–0) (provided
						for in subheading 3301.90.10)FreeNo changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of the enactment of this Act.


116 HR 8426 IH: Protecting Apprenticeship Training for Veterans Act
U.S. House of Representatives
2020-09-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8426IN THE HOUSE OF REPRESENTATIVESSeptember 29, 2020Mr. Lamb (for himself, Mr. Fitzpatrick, and Mr. Cisneros) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo provide for modified requirements relating to apprenticeship and on-job training programs during the COVID–19 emergency under the educational assistance programs of the Department of Veterans Affairs, and for other purposes.1.Short titleThis Act may be cited as the Protecting Apprenticeship Training for Veterans Act. 2.Apprenticeship or on-job training requirements(a)In generalDuring the period described in subsection (b), subsection (e) of section 3687 of title 38, United States Code, shall be applied by substituting the following for paragraph (2):(2)(A)Subject to subparagraphs (B) and (C), for any month in which an individual fails to complete 120 hours of training, the entitlement otherwise chargeable under paragraph (1) shall be reduced in the same proportion as the monthly training assistance allowance payable is reduced under subsection (b)(3).(B)In the case of an individual who is unemployed during any month, the 120-hour requirement under subparagraph (A) for that month shall be reduced proportionately to reflect the individual’s period of unemployment, except that the amount of monthly training assistance otherwise payable to the individual under subsection (b)(3) shall not be reduced.(C)Any period during which an individual is unemployed shall not—(i)be charged against any entitlement to educational assistance of the individual; or(ii)be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual.(D)Any amount by which the entitlement of an individual is reduced under subparagraph (A) shall not—(i)be charged against any entitlement to educational assistance of the individual; or(ii)be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual.(E)In the case of an individual who fails to complete 120 hours of training during a month, but who completed more than 120 hours of training during the preceding month, the individual may apply the number of hours in excess of 120 that the individual completed for that month to the month for which the individual failed to complete 120 hours. If the addition of such excess hours results in a total of 120 hours or more, the individual shall be treated as an individual who has completed 120 hours of training for that month. Any excess hours applied to a different month under this subparagraph may only be applied to one such month.(F)This paragraph applies to amounts described in section 3313(g)(3)(B)(iv) and section 3032(c)(2) of this title and section 16131(d)(2) of title 10.(G)In this paragraph:(i)The term unemployed includes being furloughed or being scheduled to work zero hours.(ii)The term fails to complete 120 hours of training means, with respect to an individual, that during any month, the individual completes at least one hour, but fewer than 120 hours, of training, including in a case in which the individual is unemployed for part of, but not the whole, month. .(b)Applicability periodThe period described in this section is the period beginning on March 1, 2020, and ending on December 21, 2021.