		II
		Calendar No. 369
		111th CONGRESS
		2d Session
		S. 714
		IN THE SENATE OF THE UNITED STATES

			March 26, 2009
			Mr. Webb (for himself,
			 Mr. Specter, Mr. Reid, Mr.
			 Leahy, Mr. Durbin,
			 Mr. Graham, Mr.
			 Schumer, Mrs. Murray,
			 Mr. Wyden, Mr.
			 Brown of Ohio, Mr. Warner,
			 Mrs. Gillibrand,
			 Mr. Burris, Mr.
			 Kennedy, Mr. Cardin,
			 Mrs. McCaskill, Mrs. Hagan, Mr.
			 Bingaman, Mr. Whitehouse,
			 Ms. Landrieu, Mr. Hatch, Mr. Udall of
			 Colorado, Mr. Tester,
			 Mr. Carper, Mr.
			 Casey, Mr. Harkin,
			 Mr. Begich, Ms.
			 Snowe, Mr. Kerry,
			 Mr. Nelson of Florida,
			 Mr. Levin, Mrs.
			 Lincoln, Mr. Franken,
			 Mr. Merkley, Mr. Sanders, Mr.
			 Lautenberg, Mr. Menendez, and
			 Ms. Klobuchar) introduced the following
			 bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

			May 6, 2010
			Reported by Mr. Leahy,
			 with an amendment
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To establish the National Criminal Justice Commission.

		1.Short titleThis Act may be cited as the
			 National Criminal Justice Commission
			 Act of 2009.
		2.FindingsCongress finds the following:
			(1)The United States
			 has the highest reported incarceration rate in the world, imprisoning a higher
			 percentage of its population than any other country. The American incarceration
			 rate is five times the world’s average incarceration rate. A total of 2,380,000
			 people are in prison.
			(2)Although criminal
			 justice laws and legal procedures depend heavily on State and local law, and
			 although a majority of those imprisoned in the United States are held in
			 non-Federal institutions, the conditions under which Americans are incarcerated
			 and the manner in which former inmates reenter society is a compelling national
			 interest that potentially affects every American citizen and every locality in
			 the country.
			(3)The American
			 public and their elected officials at all levels of government overwhelmingly
			 support the punishment and incarceration of violent criminals, as well as those
			 who direct and participate in criminal enterprises.
			(4)Minorities make up
			 a disproportionately large share of prison populations. Black males have a 32
			 percent chance of serving time in prison at some point in their lives; Hispanic
			 males have a 17 percent chance; white males have a 6 percent chance.
			(5)The number of
			 persons on probation and parole has been growing along with institutional
			 populations. There are 7,300,000 Americans incarcerated or on probation or
			 parole, equal to 1 in every 31 adults, an increase of 290 percent since
			 1980.
			(6)The number of
			 exoffenders returning to their communities from Federal and State prisons rose
			 to 725,000 in 2007, an increase of 19.9 percent since 2000, and a more than
			 doubling in the past 2 decades. On average, 2 out of every 3 released prisoners
			 will be rearrested and 1 in 2 will return to prison within 3 years of
			 release.
			(7)Spending on
			 corrections consumes an increasingly large portion of resources at all levels
			 of government. Corrections expenditures compete with and diminish funding for
			 education, public health, public safety, parks and recreation, and programs
			 specifically designed to reduce the prison population. An analysis by the Pew
			 Charitable Trusts found that over the past 20 years, inflation-adjusted state
			 spending on corrections rose 127 percent while higher education expenditures
			 rose just 21 percent.
			(8)The National Gang
			 Threat Assessment reports that there are approximately 1,000,000 gang members
			 in the United States. According to reporting by local law enforcement, gangs
			 commit as much as 80 percent of the crime in some locations.
			 Gangs are primary retail distributors of illicit drugs, some of which operate
			 at the regional or national level. According to the 2008 National Drug Threat
			 Survey, 58 percent of law enforcement agencies report gang involvement in drug
			 distribution.
			(9)The combination of
			 gang activity and the movement of illegal drugs into the country has resulted
			 in unprecedented levels of sophisticated, organized violence along America’s
			 southern border and in hundreds of American communities. More than 6,000 people
			 died in Mexico in 2008 alone as a result of drug-related violence.
			(10)Despite high
			 incarceration rates for drug-related offenses, illicit drug availability
			 remains consistent. 86 percent of high school students report that it is
			 very easy or fairly easy to obtain marijuana. 47
			 percent report the same for cocaine, 39 percent for crack, and 27 percent for
			 heroin.
			(11)Those addicted to
			 and abusive of illicit drugs are an estimated 10 to 20 percent of the drug
			 using population, but account for an estimated half of all illicit drug
			 consumption. Treating addiction will significantly help decrease demand.
			(12)Drug offenders in
			 prisons and jails have increased 1200 percent since 1980. Nearly a half million
			 persons are in Federal or State prison or local jail for a drug offense,
			 compared to an estimated 41,100 in 1980. A significant percentage of these
			 offenders have no history of violence or high-level drug selling
			 activity.
			(13)Prisons and jails
			 nationwide have become holding facilities for the mentally ill. There are an
			 estimated 350,000 men and women in prisons and jails with serious mental
			 disorders. Approximately 4 times as many mentally ill people are in prisons
			 than in mental health hospitals. Prisoners are 2 to 4 times more likely than
			 the general population to be schizophrenic, depressed, bipolar, or suffering
			 from post-traumatic stress disorder. Approximately 73 percent of mentally ill
			 inmates suffer from a substance abuse disorder.
			(14)Prisons have
			 become public health risks. The number of State prisoners with HIV is 2.5 times
			 greater than the general population. The number of State prisoners with
			 hepatitis C is 9 times that of the general population.
			(15)Prison
			 administration is uneven, lacking clear, affirmative standards of training and
			 performance, varying greatly from institution to institution, locality to
			 locality, and among Federal, State and local jurisdictions.
			(16)According to a
			 2007 Bureau of Justice Statistics survey, an estimated 60,500 inmates (or 4.5
			 percent of all Federal and State inmates) experienced 1 or more incidents of
			 sexual victimization involving other inmates or staff. Analyses suggest that
			 official records of assault in prison (both physical and sexual) only reflect
			 10 to 20 percent of all assaults in prison.
			3.Establishment of
			 commissionThere is
			 established a commission to be known as the National Criminal Justice
			 Commission (referred to in this Act as the
			 Commission).
		4.Purpose of the
			 commissionThe Commission
			 shall undertake a comprehensive review of the criminal justice system, make
			 findings related to current Federal and State criminal justice policies and
			 practices, and make reform recommendations for the President, Congress, and
			 State governments to improve public safety, cost-effectiveness, overall prison
			 administration, and fairness in the implementation of the Nation’s criminal
			 justice system.
		5.Review and
			 findings
			(a)General
			 reviewThe Commission shall review all areas of Federal and State
			 criminal justice costs, practices, and policies.
			(b)Specific
			 findingsIn conducting the review, the Commission shall make such
			 findings as it deems appropriate, including—
				(1)the statistical
			 areas of increase in the United States incarceration rate compared to
			 historical standards of incarceration in the United States and the reasons for
			 this increase;
				(2)a comparison of
			 incarceration policies, including juvenile incarceration policies, in countries
			 with similar political systems including Western Europe and Japan, denoting the
			 different standards applied for types of crime, length of sentences, standards
			 of prison administration, quality of reentry programs for exoffenders, and
			 recidivism rates;
				(3)an examination of
			 prison administration policies at the Federal, State, and local levels, to
			 include the availability and quality of preemployment training programs and the
			 availability of meaningful career progression within the profession;
				(4)the costs of
			 current incarceration policies at the Federal, State and local level, including
			 the relevant costs of law enforcement, the proportion of that cost associated
			 with gangs and drug enforcement, the costs of constructing and administering
			 prison facilities, the costs of post-incarceration supervision and reentry
			 programs, and the cost of lost economic opportunities associated with the
			 stigma of incarceration;
				(5)an examination of
			 the impact of gang activities in the United States, including the proportion of
			 these activities that are directed by foreign-based gangs and syndicates, and
			 outlining the impact of these activities in terms of violence, intimidation,
			 and all areas of criminal activity;
				(6)an examination of
			 current drug policy and its impact on incarceration, crime and violence,
			 sentencing, and reentry programs, to include an analysis of the general
			 availability of drugs in our society, the impact and effectiveness of current
			 policies on reducing that availability and on the incidence of crime, and in
			 the case of criminal offenders, the availability of drug treatment programs
			 before, during, and after incarceration;
				(7)an examination of
			 the legal and administrative changes in policies regarding those who suffer
			 from mental illness, including mandatory and voluntary commitment to
			 institutional care, the effectiveness and availability of alternative methods
			 of treatment, the impact of these policy changes on incarceration, and the
			 availability of government sponsored or assisted programs to address mental
			 illness;
				(8)an examination of
			 the historic role of the military (active duty, National Guard, Coast Guard,
			 and reserve forces), in the prevention of crime, the apprehension of criminals,
			 the protection of American citizens, and the maintenance of stability along the
			 national borders; and
				(9)any other area
			 that the Commission in its judgment believes relevant to a full understanding
			 of the present criminal justice system in the United States.
				6.Duties of the
			 commission
			(a)RecommendationsAfter
			 conducting a review of the United States criminal justice system and making
			 findings as required by section 5, the Commission shall make recommendations
			 for changes in policies and laws designed to—
				(1)refocus
			 incarceration policies to reduce the overall incarceration rate while
			 preserving public safety, cost-effectiveness, and societal fairness;
				(2)decrease prison
			 violence, with particular reference to protecting those incarcerated from
			 physical abuse;
				(3)improve prison
			 administration, including Federal standards of competence and the creation of a
			 career path for prison administrators;
				(4)institute the use
			 of policies and practices proven effective throughout the spectrum of criminal
			 behavior;
				(5)establish a system
			 for the reintegration of exoffenders that provides productive skills and
			 opportunities and improves communities' ability to assimilate former
			 offenders;
				(6)restructure the
			 approach to criminalization of, and incarceration as a result of the possession
			 or use of illegal drugs, decreasing the demand for illicit drugs, and improving
			 the treatment for addiction;
				(7)improve and
			 streamline the treatment of mental illness, both in our society and in the
			 criminal justice system;
				(8)improve Federal
			 and local responses to international and domestic criminal activity and
			 violence carried out by gangs, cartels, and syndicates, particularly in
			 relation to drug smuggling and distribution; and
				(9)improve and reform
			 any other aspect of the United States criminal justice system the Commission
			 determines is required.
				(b)Coordination
			 with international and domestic government and nongovernment
			 representativesThe Commission shall—
				(1)consult with
			 government and nongovernmental leaders, including State and local law
			 enforcement officials; and
				(2)include in its
			 final report required by subsection (c) summaries of the input and
			 recommendations of these leaders based on the recommendations required by
			 subsection (a).
				(c)Report
				(1)ReportNot
			 later than 18 months after the selection of the chair and the Executive
			 Director of the Commission, the Commission shall prepare and submit a final
			 report that contains a detailed statement of findings, conclusions, and
			 recommendations of the Commission to Congress and the President.
				(2)Public
			 availabilityThe report submitted under this subsection shall be
			 made available to the public.
				7.Membership
			(a)In
			 generalThe Commission shall be composed of 11 members, as
			 follows:
				(1)One member shall
			 be appointed by the President, who shall serve as Chairman of the
			 Commission.
				(2)Two members
			 appointed by the majority leader of the Senate, in consultation with the
			 Chairman of the Committee on Judiciary.
				(3)Two members
			 appointed by the minority leader of the Senate, in consultation with the
			 ranking member of the Committee on Judiciary.
				(4)Two members
			 appointed by the Speaker of the House of Representatives, in consultation with
			 the Chairman of the Committee on Judiciary.
				(5)Two members
			 appointed by the minority leader of the House of Representatives, in
			 consultation with the ranking member of the Committee on Judiciary.
				(6)One member
			 appointed by the Chairman of the Republican Governors Association.
				(7)One member
			 appointed by the Chairman of the Democratic Governors Association.
				(b)Membership
				(1)QualificationsThe
			 individuals appointed from private life as members of the Commission shall be
			 individuals who are nationally recognized for expertise, knowledge, or
			 experience in such relevant areas as—
					(A)law
			 enforcement;
					(B)criminal
			 justice;
					(C)national
			 security;
					(D)prison
			 administration;
					(E)prisoner
			 reentry;
					(F)public health,
			 including drug addiction and mental health;
					(G)victims' rights;
			 and
					(H)social
			 services.
					(2)DisqualificationAn
			 individual shall not be appointed as a member of the Commission if such
			 individual possesses any personal or financial interest in the discharge of any
			 of the duties of the Commission.
				(3)TermsMembers
			 shall be appointed for the life of the Commission.
				(c)Appointment;
			 initial meeting
				(1)AppointmentMembers
			 of the Commission shall be appointed not later than 45 days after the date of
			 the enactment of this Act.
				(2)Initial
			 meetingThe Commission shall hold its initial meeting on the date
			 that is 60 days after the date of the enactment of this Act.
				(d)Meetings;
			 quorum; vacancies
				(1)MeetingsThe
			 Commission shall meet at the call of the chair or a majority of its
			 members.
				(2)QuorumSix
			 members of the Commission, including at least one member chosen by the minority
			 leader of the Senate, minority leader of the House of Representatives, or
			 Chairman of the Republican Governors Association, shall constitute a quorum for
			 purposes of conducting business, except that 2 members of the Commission shall
			 constitute a quorum for purposes of receiving testimony.
				(3)VacanciesAny
			 vacancy in the Commission shall not affect its powers, but shall be filled in
			 the same manner in which the original appointment was made. If vacancies in the
			 Commission occur on any day after 45 days after the date of the enactment of
			 this Act, a quorum shall consist of a majority of the members of the Commission
			 as of such day, so long as at least one Commission member chosen by a member of
			 each party, Republican and Democratic, is present.
				(e)Actions of
			 commission
				(1)In
			 generalThe Commission—
					(A)shall act by
			 resolution agreed to by a majority of the members of the Commission voting and
			 present; and
					(B)may establish
			 panels composed of less than the full membership of the Commission for purposes
			 of carrying out the duties of the Commission under this title—
						(i)which shall be
			 subject to the review and control of the Commission; and
						(ii)any findings and
			 determinations made by such a panel shall not be considered the findings and
			 determinations of the Commission unless approved by the Commission.
						(2)DelegationAny
			 member, agent, or staff of the Commission may, if authorized by the chair of
			 the Commission, take any action which the Commission is authorized to take
			 pursuant to this Act.
				8.Administration
			(a)Travel
			 expensesMembers shall receive travel expenses, including per
			 diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title
			 5, United States Code, while away from their homes or regular places of
			 business in performance of services for the Commission.
			(b)Staff
				(1)Executive
			 directorThe Commission shall have a staff headed by an Executive
			 Director. The Executive Director shall be paid at a rate equivalent to a rate
			 established for the Senior Executive Service under section 5382 of title 5,
			 United States Code.
				(2)Staff
			 appointmentWith the approval of the Commission, the Executive
			 Director may appoint such personnel as the Executive Director determines to be
			 appropriate.
				(3)Experts and
			 consultantsWith the approval of the Commission, the Executive
			 Director may procure temporary and intermittent services under section 3109(b)
			 of title 5, United States Code.
				(4)Detail of
			 government employeesUpon the request of the Commission, the head
			 of any Federal agency may detail, without reimbursement, any of the personnel
			 of such agency to the Commission to assist in carrying out the duties of the
			 Commission. Any such detail shall not interrupt or otherwise affect the civil
			 service status or privileges of the Federal employee.
				(5)Other
			 resourcesThe Commission shall have reasonable access to
			 materials, resources, statistical data, and other information such Commission
			 determines to be necessary to carry out its duties from the Library of
			 Congress, the Office of National Drug Control Policy, the Department of State,
			 and other agencies of the executive and legislative branches of the Federal
			 Government. The chair of the Commission shall make requests for such access in
			 writing when necessary. The Office of National Drug Control Policy shall make
			 office space available for day-to-day Commission activities and for the
			 scheduled quarterly full Commission meetings.
				(c)Obtaining
			 official dataThe Commission may secure directly from any agency
			 of the United States information necessary to enable it to carry out this Act.
			 Upon the request of the Chair of the Commission, the head of that department or
			 agency shall furnish that information to the Commission.
			(d)MailsThe
			 Commission may use the United States mails in the same manner and under the
			 same conditions as other departments and agencies of the United States.
			9.Authorization of
			 appropriations
			(a)In
			 generalThere are authorized to be appropriated for fiscal years
			 2009 and 2010 such sums are as necessary to carry out the purposes of this
			 Act.
			(b)AvailabilityAny
			 sums appropriated under the subsection (a) shall remain available, without
			 fiscal year limitation, until expended.
			10.SunsetThe Commission shall terminate 60 days after
			 it submits its report to Congress.

		1.Short titleThis Act may be cited as the
			 National Criminal Justice Commission
			 Act of 2010.
		2.FindingsCongress finds that—
			(1)it is in the interest of
			 the Nation to establish a commission to undertake a comprehensive review of the
			 criminal justice system;
			(2)there has not been a
			 comprehensive study since the President’s Commission on Law Enforcement and
			 Administration and Justice was established in 1965;
			(3)that commission, in a
			 span of 18 months, produced a comprehensive report entitled The
			 Challenge of Crime in a Free Society, which contained 200 specific
			 recommendations on all aspects of the criminal justice system involving
			 Federal, State, tribal, and local governments, civic organizations, religious
			 institutions, business groups, and individual citizens; and
			(4)developments over the
			 intervening 45 years require once again that Federal, State, tribal, and local
			 governments, civic organizations, religious institutions, business groups, and
			 individual citizens come together to review evidence and consider how to
			 improve the criminal justice system.
			3.Establishment of
			 commissionThere is
			 established a commission to be known as the National Criminal Justice
			 Commission (referred to in this Act as the
			 Commission).
		4.Purpose of the
			 commissionThe Commission
			 shall undertake a comprehensive review of the criminal justice system,
			 encompassing current Federal, State, local, and tribal criminal justice
			 policies and practices, and make reform recommendations for the President,
			 Congress, State, local, and tribal governments.
		5.Review and
			 recommendations
			(a)General
			 reviewThe Commission shall undertake a comprehensive review of
			 all areas of the criminal justice system, including Federal, State, local, and
			 tribal governments’ criminal justice costs, practices, and policies.
			(b)Findings and
			 recommendationsAfter conducting a review of the United States
			 criminal justice system as required by section 5(a), the Commission shall make
			 findings regarding such review and recommendations for changes in oversight,
			 policies, practices, and laws designed to prevent, deter, and reduce crime and
			 violence, improve cost-effectiveness, and ensure the interests of justice at
			 every step of the criminal justice system.
			(c)Prior
			 commissionsThe Commission shall take into consideration the work
			 of prior relevant commissions in conducting its review.
			(d)State and local
			 governmentIn making its recommendations, the Commission should
			 consider the financial and human resources of State and local governments.
			 Recommendations shall not infringe on the legitimate rights of the States to
			 determine their own criminal laws or the enforcement of such laws.
			(e)Public
			 hearingsThe Commission shall conduct public hearings in various
			 locations around the United States.
			(f)Consultation with
			 government and nongovernment representatives
				(1)In
			 generalThe Commission shall—
					(A)closely consult with
			 Federal, State, local, and tribal government and nongovernmental leaders,
			 including State, local, and tribal law enforcement officials, legislators,
			 public health officials, judges, court administrators, prosecutors, defense
			 counsel, victims’ rights organizations, probation and parole officials,
			 criminal justice planners, criminologists, civil rights and liberties
			 organizations, formerly incarcerated individuals, professional organizations,
			 and corrections officials; and
					(B)include in the final
			 report required by subsection (g) summaries of the input and recommendations of
			 these leaders.
					(2)United States
			 Sentencing CommissionTo the extent the review and
			 recommendations required by this section relate to sentencing policies and
			 practices for the Federal criminal justice system, the Commission shall conduct
			 such review and make such recommendations in consultation with the United
			 States Sentencing Commission.
				(g)Report
				(1)ReportNot
			 later than 18 months after the formation of the Commission, the Commission
			 shall prepare and submit a final report that contains a detailed statement of
			 findings, conclusions, and recommendations of the Commission to Congress, the
			 President, State, local, and tribal governments.
				(2)Goal of
			 unanimityIt is the sense of the Senate that, given the national
			 importance of the matters before the Commission, the Commission should work
			 toward unanimously supported findings and recommendations.
				(3)Public
			 availabilityThe report submitted under this subsection shall be
			 made available to the public.
				(4)Votes on
			 recommendations in reportConsistent with paragraph (2), the
			 Commission shall state the vote total for each recommendation contained in its
			 report to Congress.
				6.Membership
			(a)In
			 generalThe Commission shall be composed of 14 members, as
			 follows:
				(1)1 member shall be
			 appointed by the President, in consultation with the minority leader of the
			 Senate and the minority leader of the House of Representatives, who shall serve
			 as co-chairman of the Commission.
				(2)1 member shall be
			 appointed by the President, in consultation with the majority leader of the
			 Senate and the Speaker of the House of Representatives, who shall serve as
			 co-chairman of the Commission.
				(3)2 members appointed by
			 the majority leader of the Senate, in consultation with the Chairman of the
			 Committee on the Judiciary.
				(4)2 members appointed by
			 the minority leader of the Senate, in consultation with the ranking member of
			 the Committee on Judiciary.
				(5)2 members appointed by
			 the Speaker of the House of Representatives, in consultation with the Chairman
			 of the Committee on Judiciary.
				(6)2 members appointed by
			 the minority leader of the House of Representatives, in consultation with the
			 ranking member of the Committee on Judiciary.
				(7)2 members, who shall be
			 State and local representatives, shall be appointed by the President in
			 agreement with the minority leader of the Senate and the minority leader of the
			 House of Representatives.
				(8)2 members, who shall be
			 State and local representatives, shall be appointed by the President in
			 agreement with the majority leader of the Senate and the Speaker of the House
			 of Representatives.
				(b)Membership
				(1)QualificationsThe
			 individuals appointed from private life as members of the Commission shall be
			 individuals with distinguished reputations for integrity and nonpartisanship
			 who are nationally recognized for expertise, knowledge, or experience in such
			 relevant areas as—
					(A)law enforcement;
					(B)criminal justice;
					(C)national security;
					(D)prison and jail
			 administration;
					(E)prisoner reentry;
					(F)public health, including
			 physical and sexual victimization, drug addiction and mental health;
					(G)victims’ rights;
					(H)civil liberties;
					(I)court
			 administration;
					(J)social services;
			 and
					(K)State, local, and tribal
			 government.
					(2)DisqualificationAn
			 individual shall not be appointed as a member of the Commission if such
			 individual possesses any personal financial interest in the discharge of any of
			 the duties of the Commission.
				(3)TermsMembers
			 shall be appointed for the life of the Commission.
				(c)Appointment; initial
			 meeting
				(1)AppointmentMembers
			 of the Commission shall be appointed not later than 45 days after the date of
			 the enactment of this Act.
				(2)Initial
			 meetingThe Commission shall hold its initial meeting on the date
			 that is 60 days after the date of the enactment of this Act. If not all
			 Commission members are selected by that date, the Commission shall hold its
			 initial meeting within 15 days of the appointment of all Commission
			 members.
				(3)EthicsAt
			 the initial meeting of the Commission, the Commission shall draft appropriate
			 ethics guidelines for commissioners and staff, including guidelines relating to
			 conflict of interest and financial disclosure.
				(d)Meetings; quorum;
			 vacancies
				(1)MeetingsThe
			 Commission shall meet at the call of the co-chairs or a majority of its
			 members.
				(2)QuorumSeven
			 members of the Commission, including at least 2 members chosen by either the
			 Senate Majority Leader, Speaker of the House, or Senate Majority Leader and
			 Speaker of the House in agreement with the President and 2 members chosen by
			 either the Senate Minority Leader, House Minority Leader, or Senate Minority
			 Leader and House Minority Leader in agreement with the President, shall
			 constitute a quorum for purposes of conducting business, except that 2 members
			 of the Commission shall constitute a quorum for purposes of receiving
			 testimony.
				(3)VacanciesAny
			 vacancy in the Commission shall not affect its powers, but shall be filled in
			 the same manner in which the original appointment was made. If vacancies in the
			 Commission occur on any day after 45 days after the date of the enactment of
			 this Act, a quorum shall consist of a majority of the members of the Commission
			 as of such day, so long as at least 1 Commission member chosen by a member of
			 each party, Republican and Democratic, is present.
				(e)Actions of
			 commission
				(1)In
			 generalThe Commission—
					(A)shall act by resolution
			 agreed to by a majority of the members of the Commission voting and present;
			 and
					(B)may establish panels
			 composed of less than the full membership of the Commission for purposes of
			 carrying out the duties of the Commission under this title—
						(i)which shall be subject to
			 the review and control of the Commission; and
						(ii)any findings and
			 determinations made by such a panel shall not be considered the findings and
			 determinations of the Commission unless approved by the Commission.
						(2)DelegationAny
			 member, agent, or staff of the Commission may, if authorized by the co-chairs
			 of the Commission, take any action which the Commission is authorized to take
			 pursuant to this Act.
				7.Administration
			(a)Staff
				(1)Executive
			 directorThe Commission shall have a staff headed by an Executive
			 Director. The Executive Director shall be paid at a rate established for the
			 Certified Plan pay level for the Senior Executive Service under section 5382 of
			 title 5, United States Code.
				(2)Appointment and
			 compensationThe co-chairs of the Commission shall designate and
			 fix the compensation of the Executive Director and, in accordance with rules
			 agreed upon by the Commission, may appoint and fix the compensation of such
			 other personnel as may be necessary to enable the Commission to carry out its
			 functions, without regard to the provisions of title 5, United States Code,
			 governing appointments in the competitive service, and without regard to the
			 provisions of chapter 51 and subchapter III of chapter 53 of such title
			 relating to classification and General Schedule pay rates, except that no rate
			 of pay fixed under this subsection may exceed the equivalent of that payable
			 for a position at level V of the Executive Schedule under section 5316 of title
			 5, United States Code.
				(3)Personnel as Federal
			 employees
					(A)In
			 generalThe executive director and any personnel of the
			 Commission who are employees shall be employees under section 2105 of title 5,
			 United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90
			 of that title.
					(B)Members of
			 commissionSubparagraph (A) shall not be construed to apply to
			 members of the Commission.
					(4)The compensation of
			 commissionersEach member of the Commission may be compensated at
			 not to exceed the daily equivalent of the annual rate of basic pay in effect
			 for a position at level V of the Executive Schedule under section 5315 of title
			 5, United States Code, for each day during which that member is engaged in the
			 actual performance of the duties of the Commission. All members of the
			 Commission who are officers or employees of the United States , State, or local
			 government shall serve without compensation in addition to that received for
			 their services as officers or employees.
				(5)Travel
			 expensesWhile away from their homes or regular places of
			 business in the performance of services for the Commission, members of the
			 Commission shall be allowed travel expenses, including per diem in lieu of
			 subsistence, in the same manner as persons employed intermittently in the
			 Government service are allowed expenses under section 5703(b) of title 5,
			 United States Code.
				(b)Experts and
			 consultantsWith the approval of the Commission, the Executive
			 Director may procure temporary and intermittent services under section 3109(b)
			 of title 5, United States Code.
			(c)Detail of government
			 employeesUpon the request of the Commission, the head of any
			 Federal agency may detail, without reimbursement, any of the personnel of such
			 agency to the Commission to assist in carrying out the duties of the
			 Commission. Any such detail shall not interrupt or otherwise affect the civil
			 service status or privileges of the Federal employee.
			(d)Other
			 resourcesThe Commission shall have reasonable access to
			 materials, resources, statistical data, and other information such Commission
			 determines to be necessary to carry out its duties from the Library of
			 Congress, the Department of Justice, the Office of National Drug Control
			 Policy, the Department of State, and other agencies of the executive and
			 legislative branches of the Federal Government. The co-chairs of the Commission
			 shall make requests for such access in writing when necessary.
			(e)Volunteer
			 servicesNotwithstanding the provisions of section 1342 of title
			 31, United States Code, the Commission is authorized to accept and utilize the
			 services of volunteers serving without compensation. The Commission may
			 reimburse such volunteers for local travel and office supplies, and for other
			 travel expenses, including per diem in lieu of subsistence, as authorized by
			 section 5703 of Title 5, United States Code. A person providing volunteer
			 services to the Commission shall be considered an employee of the Federal
			 Government in performance of those services for the purposes of chapter 81 of
			 title 5 of the United States Code, relating to compensation for work-related
			 injuries, chapter 171 of title 28 of the United States Code, relating to tort
			 claims, and chapter 11 of title 18 of the United States Code, relating to
			 conflicts of interest.
			(f)Obtaining official
			 dataThe Commission may secure directly from any agency of the
			 United States information necessary to enable it to carry out this Act. Upon
			 the request of the co-chairs of the Commission, the head of that department or
			 agency shall furnish that information to the Commission. The Commission shall
			 not have access to sensitive information regarding ongoing
			 investigations.
			(g)MailsThe
			 Commission may use the United States mails in the same manner and under the
			 same conditions as other departments and agencies of the United States.
			(h)Administrative
			 reportingThe Commission shall issue bi-annual status reports to
			 Congress regarding the use of resources, salaries, and all expenditures of
			 appropriated funds.
			(i)ContractsThe
			 Commission is authorized to enter into contracts with Federal and State
			 agencies, private firms, institutions, and individuals for the conduct of
			 activities necessary to the discharge of its duties and responsibilities. A
			 contract, lease or other legal agreement entered into by the Commission may not
			 extend beyond the date of the termination of the Commission.
			(j)GiftsSubject
			 to existing law, the Commission may accept, use, and dispose of gifts or
			 donations of services or property.
			(k)Administrative
			 assistanceThe Administrator of General Services shall provide to
			 the Commission, on a reimbursable basis, the administrative support services
			 necessary for the Commission to carry out its responsibilities under this Act.
			 These administrative services may include human resource management, budget,
			 leasing, accounting, and payroll services.
			(l)Nonapplicability of
			 faca and public access to meetings and minutes
				(1)In
			 generalThe Federal Advisory Committee Act (5 U.S.C. App.) shall
			 not apply to the Commission.
				(2)Meetings and
			 minutes
					(A)Meetings
						(i)AdministrationAll
			 meetings of the Commission shall be open to the public, except that a meeting
			 or any portion of it may be closed to the public if it concerns matters or
			 information described in section 552b(c) of title 5, United States Code.
			 Interested persons shall be permitted to appear at open meetings and present
			 oral or written statements on the subject matter of the meeting. The Commission
			 may administer oaths or affirmations to any person appearing before it.
						(ii)NoticeAll
			 open meetings of the Commission shall be preceded by timely public notice in
			 the Federal Register of the time, place, and subject of the meeting.
						(B)Minutes and public
			 availabilityMinutes of each open meeting shall be kept and shall
			 contain a record of the people present, a description of the discussion that
			 occurred, and copies of all statements filed. The minutes and records of all
			 open meetings and other documents that were made available to or prepared for
			 the Commission shall be available for public inspection and copying at a single
			 location in the offices of the Commission.
					(m)ArchivingNot
			 later than the date of termination of the Commission, all records and papers of
			 the Commission shall be delivered to the Archivist of the United States for
			 deposit in the National Archives.
			8.Authorization of
			 appropriations
			(a)In
			 generalThere are authorized to be appropriated for fiscal years
			 2010 and 2011 such sums are as necessary to carry out the purposes of this Act,
			 not to exceed $7,000,000 per year for each fiscal year, and not more than
			 $14,000,000 total. None of the funds appropriated under this Act may be
			 utilized for international travel.
			(b)AvailabilityAny
			 sums appropriated under the subsection (a) shall remain available, without
			 fiscal year limitation, until expended.
			9.SunsetThe Commission shall terminate 60 days after
			 it submits its report to Congress.

		May 6, 2010
		Reported with an amendment


116 HR 8117 IH: Support Peaceful Protest Act
U.S. House of Representatives
2020-08-28
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. 8117IN THE HOUSE OF REPRESENTATIVESAugust 28, 2020Mr. Banks introduced the following bill; which was referred to the Committee on the Judiciary, 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 hold individuals convicted of Federal offenses during the course of protests financially liable for the cost of Federal policing, and for other purposes.1.Short titleThis Act may be cited as the Support Peaceful Protest Act.2.Order of restitutionIn the case of an individual convicted of a Federal offense related to the individual’s conduct at and during the course of a protest with respect to which a Federal law enforcement officer was engaged in policing activity, the court shall, in addition to the penalty for such conviction, order the individual to pay an order of restitution to the appropriate Federal law enforcement agency in an amount that is equal to the cost of such policing activity, as determined by the court. 3.Ineligibility for enhanced Federal unemployment benefitsAn individual convicted of a Federal offense related to the individual’s conduct at and during the course of a protest, is ineligible for any Federal Pandemic Unemployment Compensation under section 2104 of the CARES Act (15 U.S.C. 9023) or any other Federal supplemental unemployment compensation during the COVID–19 public health emergency (as such term is defined in section 2102 of the CARES Act (15 U.S.C. 9021).


115 HR 5014 IH: Preserving Recreation, Oceans, Tourism, Environment, and Coastal Towns in Florida Act
U.S. House of Representatives
2018-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 5014IN THE HOUSE OF REPRESENTATIVESFebruary 14, 2018Mr. Rutherford (for himself, Mr. Bilirakis, Mr. Buchanan, Mr. DeSantis, Mr. Gaetz, Mr. Mast, Mr. Francis Rooney of Florida, Ms. Ros-Lehtinen, Mr. Ross, and Mr. Yoho) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo provide for a moratorium on oil and gas leasing and exploration on the outer Continental Shelf
			 off the coast of Florida until 2029, and for other purposes.

 1.Short titleThis Act may be cited as the Preserving Recreation, Oceans, Tourism, Environment, and Coastal Towns in Florida Act or the PROTECT Florida Act. 2.Moratorium on oil and gas leasing and exploration on the outer Continental Shelf off coast of Florida (a)Extension of Gulf coast moratoriumSection 104(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note) is amended—
 (1)by striking 2022 and inserting 2029; and (2)by inserting , and may not issue a permit for oil and gas exploration (as such term is defined in section 2 of the Outer Continental Shelf Lands Act) in after related activity.
 (b)Establishment of Atlantic coast moratoriumSection 12 of the Outer Continental Shelf Lands Act (43 U.S.C. 1431) is amended by adding at the end the following:

					(g)Moratorium on oil and gas leasing off coast of Florida
 (1)In generalThe Secretary may not offer for oil and gas leasing, preleasing, or any related activity, and may not issue a permit for oil and gas exploration in—
 (A)any area in the Straits of Florida Planning Area; and (B)any area in the South Atlantic Planning Area that is south of the northernmost lateral seaward administrative boundary of the State of Florida.
 (2)ApplicationThis subsection shall apply during the period beginning on the date of the enactment of this Act and ending on June 30, 2029..


115 HR 7044 IH: Unmanned Aircraft Systems Collegiate Training Initiative Program Act
U.S. House of Representatives
2018-01-29
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.

I115th CONGRESS2d SessionH. R. 7044IN THE HOUSE OF REPRESENTATIVESOctober 5, 2018Ms. Meng introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo establish a Collegiate Training Initiative Program for unmanned aircraft systems.

 1.Short titleThis Act may be cited as the Unmanned Aircraft Systems Collegiate Training Initiative Program Act. 2.Collegiate training initiative program for unmanned aircraft systems Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a Collegiate Training Initiative Program relating to unmanned aircraft systems by making new agreements or continuing existing agreements with institutions of higher education (as defined by the Administrator) under which the institutions prepare students for careers involving unmanned aircraft systems. The Administrator may establish standards for the entry of such institutions into the program and for their continued participation in the program.


116 HR 8297 IH: Advanced Recycling Research and Development Act of 2020
U.S. House of Representatives
2020-09-17
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.

I116th CONGRESS2d SessionH. R. 8297IN THE HOUSE OF REPRESENTATIVESSeptember 17, 2020Mr. Gonzalez of Ohio (for himself, Mr. Lucas, and Mr. Marshall) introduced the following bill; which was referred to the Committee on Science, Space, and TechnologyA BILLTo direct the Secretary of Energy to establish and support advanced recycling research and development programs, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the Advanced Recycling Research and Development Act of 2020.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definitions.Sec. 3. Optimized plastics recycling research and development program.Sec. 4. Lithium-ion battery recycling research and development program.2.DefinitionsIn this Act:(1)DepartmentThe term Department means the Department of Energy.(2)National LaboratoryThe term National Laboratory has the meaning given that term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).(3)SecretaryThe term Secretary means the Secretary of Energy.(4)Recyclable plasticThe term recyclable plastic means plastic that is designed to be readily, economically, and efficiently recyclable or otherwise recoverable for beneficial use.(5)Critical materialThe term critical material means material that serves an essential function in the manufacturing of a product and has a high risk of a supply disruption, such that a shortage of such material would have significant consequences for the economic or national security of the United States.(6)CompositeThe term composite means plastic reinforced with fiber or particulate secondary material like bio-derived fibers, carbon fibers, glass or any other solid material.3.Optimized plastics recycling research and development program(a)In generalThe Secretary shall carry out a research, development, and demonstration program to accelerate innovation in energy-efficient recyclable plastics, next-generation plastics, and composites recycling and upcycling strategies and technologies, in order to increase the economic value of plastics supply streams and to reduce the environmental impact of global plastics consumption.(b)ExecutionIn carrying out the program under this section, the Secretary shall—(1)develop novel collection and sorting technologies to prevent plastics and composites, including waterborne plastics, from entering landfills and the marine environment;(2)develop biological, chemical, and hybrid bio-chemical technologies and methods for deconstructing plastic and composite waste, including environmental waste, into useful chemical and material streams;(3)develop technologies to upcycle waste, including chemical, material, and gaseous streams, into higher-value products;(4)develop new economically recyclable-by-design plastics and composites that can be scaled for domestic manufacturability and recovery;(5)develop new energy-efficient advanced manufacturing techniques for reclaimed plastics and composites; and(6)develop new data collection methods and practices in collaboration with relevant Federal agencies.(c)LeveragingIn carrying out the program under this section, the Secretary shall leverage resources and expertise from—(1)the Basic Energy Sciences Program and the Biological and Environmental Research Program of the Office of Science; and(2)the Office of Energy Efficiency and Renewable Energy.(d)Standard of reviewThe Secretary shall periodically review activities carried out under the program under this section to determine the achievement of technical milestones as determined by the Secretary.(e)Funding(1)In generalFrom within funds authorized to be appropriated—(A)to the Department’s Office of Science, there shall be made available to the Secretary to carry out the program under this section $15,000,000 for each of fiscal years 2021 through 2025; and(B)to the Department’s Office of Energy Efficiency and Renewable Energy, there shall be made available to the Secretary to carry out the program under this section $25,000,000 for each of fiscal years 2021 through 2025.(2)ProhibitionIn carrying out the program under this section, the Secretary shall not use funds made available under paragraph (1) for commercial application of energy technology.4.Lithium-ion battery recycling research and development program(a)In generalThe Secretary shall carry out a research, development, and demonstration program to support the development of—(1)advanced materials for batteries with considerations given to resource availability and environmentally benign disposal and recycling; and(2)innovative technologies to reclaim and recycle critical materials from advanced and lithium-ion based battery technologies used in consumer electronics, defense, stationary storage, and transportation applications.(b)ExecutionIn carrying out the program under this section, the Secretary shall—(1)promote the discovery of new domestically sourced raw materials for batteries that can degrade without causing damage to the environment;(2)develop innovative and cost-effective technologies and processes for the collection, storage, and transportation of discarded lithium-ion batteries that use domestic mining resources and increase availability of domestically sourced raw materials for batteries; and(3)develop cost-effective recycling processes to recover critical materials from discarded lithium-ion batteries and enable their reintroduction in new lithium-ion cell technologies and for use in other relevant industries.(c)LeveragingIn carrying out the program under this section, the Secretary shall leverage resources and expertise from—(1)the Basic Energy Sciences Program of the Office of Science;(2)the Office of Energy Efficiency and Renewable Energy, including current lithium-ion battery recycling activities supported by the Vehicle Technologies Office within the Office of Energy Efficiency and Renewable Energy; and(3)the Office of Technology Transitions.(d)Standard of reviewThe Secretary shall periodically review activities carried out under the program under this section to determine the achievement of technical milestones as determined by the Secretary.(e)Funding(1)In generalFrom within funds authorized to be appropriated—(A)to the Department’s Office of Science, there shall be made available to the Secretary to carry out the activities under this section $10,000,000 for each of fiscal years 2021 through 2025; and(B)to the Department’s Office of Energy Efficiency and Renewable Energy, there shall be made available to the Secretary to carry out the activities under this section $10,000,000 for each of fiscal years 2021 through 2025.(2)ProhibitionIn carrying out the program under this section, the Secretary shall not use funds made available under paragraph (1) for commercial application of energy technology.


116 HR 8630 IH: Organizational Fee Fairness Act
U.S. House of Representatives
2020-10-20
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.

I116th CONGRESS2d SessionH. R. 8630IN THE HOUSE OF REPRESENTATIVESOctober 20, 2020Mr. Cook introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the National Forest Organization Camp Fee Improvement Act of 2003 to modify the calculation of land use fees in counties with less than two percent farm land, and for other purposes.1.Short titleThis Act may be cited as the Organizational Fee Fairness Act. 2.Fees for occupancy and use of National Forest System and facilities by organizational campsSection 503(a) of The National Forest Organizational Camp Fee Improvement Act of 2003 (16 U.S.C. 6232(a)) is amended—(1)in paragraph (1), in the matter preceding subparagraph (A), by striking The and inserting Except as provided in paragraph (5), the ; and(2)by adding at the end the following:(5)Rule for covered counties(A)In generalWith respect to an organizational camp in a covered county, paragraph (1)(B) shall be applied by substituting State for county.(B)Covered county definedIn this paragraph, the term covered county means a county in which less than 2 percent of land is used for farming as reported in the most recent Census of Agriculture conducted by the National Agricultural Statistics Service. .


116 S2910 IS: To establish aviation accession training programs for the Commissioned Officer Corps of the National Oceanic and Atmospheric Administration to prepare students for commissioned service as pilots in the Corps, and for other purposes.
U.S. Senate
2019-11-20
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. 2910IN THE SENATE OF THE UNITED STATESNovember 20, 2019Mr. Moran (for himself and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo establish aviation accession training programs for the Commissioned Officer Corps of the
			 National Oceanic and Atmospheric Administration to prepare students for
			 commissioned service as pilots in the Corps, and for other purposes.

		1.Aviation accession training programs for Commissioned Officer Corps of National Oceanic and
			 Atmospheric Administration
 (a)DefinitionsIn this section: (1)AdministratorThe term Administrator means the Under Secretary of Commerce for Oceans and Atmosphere and the Administrator of the National Oceanic and Atmospheric Administration.
 (2)CorpsThe term Corps means the Commissioned Officer Corps of the National Oceanic and Atmospheric Administration. (3)Member of the programThe term member of the program means a student who is enrolled in the program.
 (4)ProgramThe term program means an aviation accession training program of the Corps established pursuant to subsection (b). (b)Aviation accession training programs (1)Establishment authorizedThe Administrator, under regulations prescribed by the Secretary of Commerce, shall establish and maintain one or more aviation accession training programs for the Corps at institutions described in paragraph (2).
 (2)Institutions describedAn institution described in this paragraph is an educational institution— (A)that requests to enter into an agreement with the Administrator providing for the establishment of the program at the institution;
 (B)that has, as a part of its curriculum, a 4-year baccalaureate program of professional flight and piloting instruction that is accredited by the Aviation Accreditation Board International;
 (C)that is located— (i)not more than 250 miles from the National Weather Service Training Center; and
 (ii)in a geographic area that— (I)experiences a wide variation in climate-related activity, including frequent high winds, convective activity (including tornadoes), periods of low visibility, heat, and snow and ice episodes, to provide opportunities for pilots to demonstrate skill in all weather conditions compatible with future encounters during their service in the Corps; and
 (II)has a climate that can accommodate both primary and advanced flight training activity at least 75 percent of the year; and
 (D)at which the Administrator determines that—
 (i)there will be at least 1 student enrolled in the program; and
 (ii)the provisions of this section are otherwise satisfied. (3)Limitations in connection with particular institutionsThe program may not be established or maintained at an institution unless—
 (A)the senior commissioned officer or employee of the Corps who is assigned as an advisor to the program at that institution is given the academic rank of adjunct professor; and
 (B)the institution fulfills the terms of its agreement with the Administrator. (4)Membership in connection with status as studentAt institutions at which the program is established, the membership of students in the program shall be elective, as provided by State law or the authorities of the institution concerned.
				(c)Membership
 (1)EligibilityTo be eligible for membership in the program an individual must— (A)be a student at an institution at which the program is established;
 (B)be a citizen of the United States; (C)contract in writing, with the consent of a parent or guardian if a minor, with the Administrator, to—
 (i)accept an appointment, if offered, as a commissioned officer in the Corps; and
 (ii)to serve in the Corps for not fewer than 4 years; (D)enroll in—
 (i)a 4-year baccalaureate program of professional flight and piloting instruction; and (ii)other training or education, including basic officer training, which is prescribed by the Administrator as meeting the preliminary requirement for admission to the Corps; and
 (E)execute a certificate or take an oath relating to morality and conduct in such form as the Administrator prescribes.
 (2)Completion of programA member of the program may be appointed as a regular officer in the Corps if the member meets all requirements for appointment as such an officer.
				(d)Financial assistance for qualified members
				(1)Expenses of course of instruction
 (A)In generalIn the case of a member of the program who meets such qualifications as the Administrator establishes for purposes of this subsection, the Administrator may pay the expenses of the member in connection with pursuit of a course of professional flight and piloting instruction under the program, including tuition, fees, educational materials such as books, training, certifications, travel, and laboratory expenses.
 (B)Assistance after fourth academic yearIn the case of a member of the program described in subparagraph (A) who is enrolled in a course described in that subparagraph that has been approved by the Administrator and requires more than 4 academic years for completion, including elective requirements of the program, assistance under this subsection may also be provided during a fifth academic year or during a combination of a part of a fifth academic year and summer sessions.
 (2)Room and boardIn the case of a member eligible to receive assistance under paragraph (1), the Administrator may, in lieu of payment of all or part of such assistance, pay the room and board expenses of the member, and other educational expenses, of the educational institution concerned.
 (3)Failure to complete program or accept commissionA member of the program who receives assistance under this subsection and who does not complete the course of instruction, or who completes the course but declines to accept a commission in the Corps when offered, shall be subject to the repayment provisions of subsection (e).
				(e)Repayment of unearned portion of financial assistance when conditions of payment not met
 (1)In generalA member of the program who receives or benefits from assistance under subsection (d), and whose receipt of or benefit from such assistance is subject to the condition that the member fully satisfy the requirements of subsection (c), shall repay to the United States an amount equal to the assistance received or benefitted from if the member fails to fully satisfy such requirements and may not receive or benefit from any unpaid amounts of such assistance after the member fails to satisfy such requirements, unless the Administrator determines that the imposition of the repayment requirement and the termination of payment of unpaid amounts of such assistance with regard to the member would be—
 (A)contrary to a personnel policy or management objective;
 (B)against equity and good conscience; or (C)contrary to the best interests of the United States.
 (2)RegulationsThe Administrator may establish, by regulations, procedures for determining the amount of the repayment required under this subsection and the circumstances under which an exception to repayment may be granted. The Administrator may specify in the regulations the conditions under which financial assistance to be paid to a member of the program will not be made if the member no longer satisfies the requirements in subsection (c) or qualifications in subsection (d) for such assistance.
 (3)Nature of obligationAn obligation to repay the United States under this subsection is, for all purposes, a debt owed the United States.


114 S2707 IS: Protecting Workplace Advancement and Opportunity Act
U.S. Senate
2016-03-17
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.

		II
		114th CONGRESS2d Session
		S. 2707
		IN THE SENATE OF THE UNITED STATES

			March 17, 2016
			Mr. Scott (for himself and Mr. Alexander) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To require the Secretary of Labor to nullify the proposed
			 rule regarding defining and delimiting
			 the exemptions for executive, administrative, professional, outside sales,
			 and computer employees, to require the Secretary of Labor to conduct a
			 full and complete economic analysis with improved economic data on small
			 businesses,
			 nonprofit employers, Medicare or Medicaid dependent health care providers,
			 and small governmental jurisdictions, and all other employers,  and
			 minimize
			 the impact on such employers, before promulgating any
			 substantially similar rule, and to provide a rule of construction
			 regarding the salary threshold exemption under the Fair Labor Standards
			 Act of 1938, and for other purposes.

		1.Short title
 This Act may be cited as the Protecting Workplace Advancement and Opportunity Act.
 2.FindingsCongress finds the following: (1)The proposed rule of the Department of Labor entitled Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees (80 Fed. Reg. 38516 (July 6, 2015)) provides a minimum salary requirement that would be—
 (A)a 113 percent increase during the first year after the final rule takes effect from the salary threshold in effect on February 29, 2016; and
 (B)an increase that would set the Federal minimum salary threshold 20 percent higher than the minimum salary threshold under any State law effective on the date of enactment of this Act.
 (2)The Secretary significantly underestimated the cost of compliance with the July 6, 2015, proposed rule. Public comments calculate such rule will impose financial and non-financial costs substantially higher than those estimated by the Department.
 (3)According to the Office of Advocacy of the Small Business Administration, the initial regulatory flexibility analysis of the July 6, 2015, proposed rule required under section 603 of title 5, United States Code, failed to adequately identify the number of small entities affected by such rule and failed to address how such rule would affect regions with lower costs of living and differences in certain industries. On September 4, 2015, the Office of Advocacy of the Small Business Administration submitted comments to the Secretary regarding such rule, including recommendations to—
 (A)reanalyze the economic impact of this rule on small businesses, to provide a more accurate estimate of the small entities impacted by this proposal, and to include an analysis of industry sub-sectors, regional differences, and revenue sizes;
 (B)reanalyze the number of small non-profit organizations and small governmental jurisdictions . . . that are affected by this rule and the economic impact of this rule on these entities; and
 (C)provide greater transparency with respect to compliance cost data and to utilize data provided in the comment process to accurately estimate the human resources and financial management costs of this regulation.
 (4)The Secretary did not consider the potential impact of the July 6, 2015, proposed rule on workplace flexibility. Public comments address concerns that employees who are reclassified from exempt to nonexempt employees may no longer be able to participate in workplace flexibility arrangements and programs.
 (5)The Secretary did not analyze the potential impact of the July 6, 2015, proposed rule on companies that operate in multiple States with different costs of living and different salary scales, and the costs and unique complications for these employers associated with reclassifying thousands of employees in multiple States.
 (6)The July 6, 2015, proposed rule automatically updates the salary threshold on an annual basis for purposes of defining employees subject to the exemption under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) for all subsequent years, contrary to the requirement under such section that the definitions applicable for the exemption shall be defined and delimited from time to time by regulations of the Secretary. The Secretary does not have the authority to increase the salary threshold on an annual or other basis without conducting notice and comment rulemaking with respect to each change in accordance with section 553 of title 5, United States Code.
 (7)Although not proposed in the July 6, 2015, proposed rule, the Secretary indicated that changes to the duties tests may be included in the final rule, without providing for notice and comment regarding the specific proposed revisions.
 3.DefinitionsIn this Act: (1)DepartmentThe term Department means the Department of Labor.
 (2)July 6, 2015, proposed ruleThe term July 6, 2015, proposed rule means the proposed rule of the Department of Labor entitled Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees (80 Fed. Reg. 38516 (July 6, 2015)) or the final rule with respect to such proposed rule.
 (3)Medicare or Medicaid dependent health care providerThe term Medicare or Medicaid dependent health care provider means an employer who derives more than 50 percent of its revenue from payments under the Medicare program under title XVIII of the Social Security Act, a State plan under the Medicaid program under title XIX of such Act, or both.
 (4)SecretaryThe term Secretary means the Secretary of Labor. (5)Small business; small entity; small government jurisdiction; small organizationThe terms small business, small entity, small government jurisdiction, and small organization have the meanings given such terms in section 601 of title 5, United States Code.
 (6)Substantially similar ruleThe term substantially similar rule means any rule or proposed rule that is a reissuance of the July 6, 2015, proposed rule in substantially the same form as such rule, or is the issuance of a new rule or proposed rule that is substantially the same as the July 6, 2015, rule, including any rule that implements the provisions of section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)).
			4.Conditions precedent for substantially similar rules
			(a)Enforcement
 (1)In generalBeginning on the date of enactment of this Act, the July 6, 2015, proposed rule shall cease to have any force or effect.
 (2)Final ruleIn the case that the July 6, 2015, proposed rule is a final rule on the date of enactment of this Act—
 (A)the Secretary shall not enforce the final rule based on conduct occurring before such date of enactment;
 (B)an employee shall not have any right of action against an employer for the employer's failure to comply with the final rule at any time prior to such date of enactment;
 (C)any regulations that were amended by such final rule shall be restored and revived as if the final rule had never taken effect; and
 (D)nothing in this Act shall be construed to create a right of action for an employer against an employee for the recoupment of any payments made to the employee prior to the date of enactment of this Act that were in compliance with such final rule.
					(b)Conditions for substantially similar rules
 (1)In generalThe Secretary may promulgate any substantially similar rule, subject to paragraph (3), only if the Secretary has completed each action required under paragraph (2).
 (2)Requirements for substantially similar rulesThe actions required under this paragraph are the following: (A)The Secretary shall conduct an analysis of the impact of the substantially similar rule, including an initial regulatory flexibility analysis under section 603 of title 5, United States Code and assessments under clauses (i) through (iii) of section 6(a)(3)(C) of Executive Order 12866 (5 U.S.C. 601 note, relating to regulatory planning and review) to be provided to the Administrator of the Office of Information and Regulatory Affairs in accordance with such section, and that—
 (i)accurately identifies the number of affected small entities by using specific data points from the most recent publication of the Statistics of U.S. Businesses by the Bureau of the Census;
 (ii)addresses regional, State, county (if applicable), metropolitan, and nonmetropolitan salary and cost of living differences;
 (iii)provides an analysis of any substantially similar rule, which shall include the percentile of full-time salaried workers affected, and such analysis shall be disaggregated by—
 (I)State; (II)industry subsector;
 (III)small organizations; (IV)small government jurisdictions, including further disaggregation by school district;
 (V)nonprofit organizations; (VI)Medicare or Medicaid dependent health care providers; and
 (VII)small businesses; (iv)provides an analysis of management and human resource costs for all employers, including costs associated with changing human resource systems, reclassifying employees, and extra hours spent scheduling employees;
 (v)provides an analysis of the impact on lower-wage industries, including by geographic area;
 (vi)provides an analysis of all non-financial costs, including impact on employment, workplace flexibility, employee benefit structure for exempt and nonexempt workers, career advancement opportunities, new business formation, business termination, and loss of market share to foreign competition; and
 (vii)includes a complete description of any significant alternative as described in section 603(c) of title 5, United States Code, to the substantially similar rule.
 (B)The Secretary shall publish not less than one small entity compliance guide under section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) to assist small entities in complying with the substantially similar rule.
 (C)The Secretary shall provide notice of the substantially similar rule in the Unified Agenda of Federal Regulatory and Deregulatory Actions, compiled by the Regulatory Information Service Center of the General Services Administration.
 (D)The Secretary shall ensure that the effective date for any final rule with respect to the substantially similar rule shall not be less than 1 year after the publication of such final rule in the Federal Register.
 (E)The Secretary shall comply with the notice and comment requirements under section 553 of title 5, United States Code, and provide a comment period of not less than 120 days.
 (3)Automatic updatesAny substantially similar rule promulgated by the Secretary shall not contain any automatic updates to the salary threshold for purposes of the exemption under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)), in accordance with section 5.
 5.Rule of constructionThe requirement under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) that the definitions applicable for the exemption under such section be defined and delimited from time to time by regulations of the Secretary shall be construed to—
 (1)require the Secretary to issue a new rule through notice and comment rulemaking in accordance with section 553 of title 5, United States Code, for each change in any salary threshold under such section 13(a)(1) proposed by the Secretary; and
 (2)exclude any rule that would result in changes to any salary threshold under such section for multiple time periods, including through any automatic updating procedure.
 6.Requirements for duties testsThe Secretary may not promulgate any final rule that includes any provision revising any of the duties tests provided in part 541 of title 29, Code of Federal Regulations (or any successor regulation), for exemption under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) unless specific regulatory text for the provision was proposed in the proposed rule.


115 HR 6144 IH: Know the Lowest Price Act of 2018
U.S. House of Representatives
2018-06-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6144IN THE HOUSE OF REPRESENTATIVESJune 19, 2018Mr. Doggett introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to prohibit health plans and pharmacy benefit
			 managers from restricting pharmacies from informing individuals regarding
			 the prices for certain drugs and biologicals.

 1.Short titleThis Act may be cited as the Know the Lowest Price Act of 2018. 2.Prohibition on limiting certain information on drug prices (a)In generalSection 1860D–4 of the Social Security Act (42 U.S.C. 1395w–104) is amended by adding at the end the following new subsection:

 (m)Prohibition on limiting certain information on drug pricesA PDP sponsor and a Medicare Advantage organization shall ensure that— (1)any health benefits plan offered by the sponsor or organization, including a prescription drug plan and an MA–PD plan, does not restrict a pharmacy that dispenses a prescription drug or biological from informing (or penalize such pharmacy for informing) an enrollee of any differential between the price of the drug or biological to the enrollee under the plan and the price the individual would pay for the drug or biological if the enrollee obtained the drug without using any health insurance coverage; and
 (2)any entity that provides pharmacy benefits management services under a contract with any health benefits plan offered by the sponsor or organization does not, with respect to such plan or any health benefits plan that the entity contracts with to provide pharmacy benefits management services and that is offered by an entity other than such sponsor or organization, restrict a pharmacy that dispenses a prescription drug or biological from informing (or penalize such pharmacy for informing) an enrollee of any differential between the price of the drug or biological to the enrollee under the plan and the price the individual would pay for the drug or biological if the enrollee obtained the drug without using any health insurance coverage..
 (b)Effective dateThe amendment made by subsection (a) shall apply to plan years beginning on or after January 1, 2020.


115 HR 6697 IH: Restoring the Armed Career Criminal Act
U.S. House of Representatives
2018-09-04
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.

I115th CONGRESS2d SessionH. R. 6697IN THE HOUSE OF REPRESENTATIVESSeptember 4, 2018Mr. Kustoff of Tennessee introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, relating to sentencing of armed career criminals.

 1.Short titleThis Act may be cited as the Restoring the Armed Career Criminal Act. 2.Amendments to the Armed Career Criminal ActSection 924 of title 18, United States Code, is amended—
 (1)in subsection (a)(2), by striking (a)(6), (d), (g), (h), (i), (j), or (o) of section 922 and inserting (a)(6), (d), (h), (i), (j), or (o) of section 922, or, except as provided in subsection (e) of this section, subsection (g) of section 922; and
 (2)by striking subsection (e) and inserting the following:  (e) (1)Whoever knowingly violates section 922(g) and has 3 or more previous serious felony convictions for offenses committed on occasions different from one another shall be fined under this title and imprisoned not less than 15 years and not more than 30 years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g).
 (2)In this subsection— (A)the term offense punishable by imprisonment for a statutory maximum term of not less than 10 years includes an offense (without regard to the application of any sentencing guideline, statutory criterion, or judgment that may provide for a shorter period of imprisonment within the statutory sentencing range) for which the statute provides for a range in the period of imprisonment that may be imposed at sentencing the maximum term of which is not less than 10 years; and
 (B)the term serious felony conviction means— (i)any conviction by a court referred to in section 922(g)(1) for an offense that, at the time of sentencing, was an offense punishable by imprisonment for a statutory maximum term of not less than 10 years; or
 (ii)any group of convictions for which a court referred to in section 922(g)(1) imposed in the same proceeding or in consolidated proceedings a total term of imprisonment not less than 10 years, regardless of how many years of that total term the defendant served in custody..
			3.Applicability
 (a)In generalThe amendments made by this Act shall apply to any offense committed after the date of enactment of this Act by an individual who, on the date on which the offense is committed, has 3 or more previous serious felony convictions (as defined in subsection (e) of section 924 of title 18, United States Code, as amended by this Act).
 (b)Rule of constructionThis Act and the amendments made by this Act shall not be construed to create any right to challenge a sentence imposed under subsection (e) of section 924 of title 18, United States Code.
 4.Technical and conforming amendmentsSection 2901(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10581(a)) is amended—
 (1)in paragraph (1), by striking and; (2)in paragraph (2)—
 (A)in subparagraph (A)(ii), by striking , as defined in section 924(e)(2)(A) of title 18, United States Code; and (B)in subparagraph (C), by striking the period and inserting ; and; and
 (3)by adding at the end the following:  (3)the term serious drug offense means—
 (A)an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46, United States Code, for which a maximum term of imprisonment of 10 years or more is prescribed by law; or
 (B)an offense under State law, involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), for which a maximum term of imprisonment of 10 years or more is prescribed by law..


114 S2951 IS: Foreign Spill Protection Act of 2016
U.S. Senate
2016-05-18
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.

II114th CONGRESS2d SessionS. 2951IN THE SENATE OF THE UNITED STATESMay 18, 2016Ms. Murkowski introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Oil Pollution Act of 1990 to impose penalties and provide for the recovery of removal
			 costs and damages in connection with certain discharges of oil from
			 foreign offshore units, and for other purposes.

 1.Short titleThis Act may be cited as the Foreign Spill Protection Act of 2016. 2.Liability of owners and operators of foreign facilities (a)Oil Pollution Act of 1990 amendments (1)DefinitionsSection 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701) is amended—
 (A)in paragraph (26)(A)— (i)in clause (ii), by striking onshore or offshore facility, any person and inserting onshore facility, offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, including a facility located in, on, or under any land within a foreign country, any person; and
 (ii)in clause (iii), by striking offshore facility, the person who and inserting offshore facility or foreign offshore unit or other facility located seaward of the exclusive economic zone, including a facility located in, on, or under any land within a foreign country, the person or entity that;
 (B)in paragraph (27), by inserting before the semicolon at the end the following: , including any foreign individual and any foreign public or private entity; and (C)in paragraph (32)—
 (i)by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; (ii)by inserting after subparagraph (C) the following:

 (D)Foreign facilitiesIn the case of a foreign offshore unit or other facility located seaward of the exclusive economic zone, including a facility located in, on, or under any land within a foreign country, any person owning or operating the facility, and any leaseholder, permit holder, assignee, or holder of a right of use and easement granted under applicable foreign law for the area in which the facility is located.; and
 (iii)in subparagraph (G) (as so redesignated), by striking or offshore facility, the persons and inserting offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, including a facility located in, on, or under any land within a foreign country, the persons or entities.
 (2)Actions on behalf of fundSection 1015(c) of the Oil Pollution Act of 1990 (33 U.S.C. 2715(c)) is amended, in the third sentence, by adding before the period at the end the following: , or any other facility located seaward of the exclusive economic zone, including a facility located in, on, or under any land within a foreign country.
 (b)Federal Water Pollution Control Act amendmentSection 311(a)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)(6)) is amended by striking (B) and all that follows through and (C) and inserting the following (B) in the case of a facility, any person owning or operating the facility, and (C).


110 HR 6734 IH: E85 and Biodiesel Access Act of

U.S. House of Representatives
2008-07-31
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.

		I
		110th CONGRESS
		2d Session
		H. R. 6734
		IN THE HOUSE OF REPRESENTATIVES

			July 31, 2008
			Ms. Herseth Sandlin
			 (for herself and Mr. Shimkus)
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to encourage
		  increased access to alternative fuels.

		1.Short titleThis Act may be cited as the
			 E85 and Biodiesel Access Act of
			 2008.
		2.Increased
			 alternative fuel vehicle refueling property credit in qualified States
			(a)In
			 generalSection 30C of the
			 Internal Revenue Code of 1986 (relating to alternative fuel vehicle refueling
			 property credit) is amended by redesignating subsection (g) as subsection (h)
			 and inserting after subsection (f) the following new subsection:

					(g)Special
				rule
						(1)In
				generalIn the case of property placed in service by the taxpayer
				during the taxable year within a qualified State—
							(A)subsection (a)
				shall be applied by substituting 50 percent for 30
				percent, and
							(B)subsection (b)(1)
				shall be applied by substituting $100,000 for
				$30,000.
							(2)Qualified
				StateFor purposes of this subsection—
							(A)In
				generalThe term qualified State means, with respect
				to any taxable year, any State with respect to which a determination described
				in subparagraph (B) has not been made for any calendar year ending before such
				taxable year begins.
							(B)Determination of
				threshold market penetrationThe Secretary of Energy, in
				consultation with the Secretary of Transportation, shall issue a determination
				not later than April 30 of the calendar year following the first calendar year
				during which 15 percent of the retail fuel facilities within such State store
				and dispense clean-burning fuel described in subsection
				(c)(2).
							.
			(b)Effective
			 dateThe amendments made by
			 this section shall apply to property placed in service after the date of the
			 enactment of this Act.
			3.Clarification
			 with respect to dual-use qualified alternative fuel vehicle refueling
			 property
			(a)In
			 generalFor purposes of
			 section 30C of the Internal Revenue Code of 1986, in the case of qualified
			 alternative fuel vehicle refueling property (as defined in such section) which
			 is used for the storage or dispensing of any clean-burning fuel described in
			 subsection (c)(2) of such section and fuel other than such a clean-burning
			 fuel, the credit under subsection (a) of such section shall be determined
			 without reference to the cost of property for the storage and dispensing of
			 fuel other than clean-burning fuel.
			(b)Effective
			 dateThis section shall apply to property placed in service after
			 the date of the enactment of this Act.


I
111th CONGRESS
1st Session
H. R. 3270
IN THE HOUSE OF REPRESENTATIVES

July 21, 2009
Mr. Bishop of New York (for himself and Mr. Israel) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL
To amend the Magnuson-Stevens Fishery Conservation and Management Act to add New York to the New England Fishery Management Council, and for other purposes.

1.Short titleThis Act may be cited as the New York Fair Fishing Act of 2009.
2.Addition of New York to New England Fishery Management CouncilSection 302(a)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)(A)) is amended—
(1)by inserting New York, after New Hampshire,;
(2)by striking except and inserting except New York and except;
(3)by striking 18 and inserting 20; and
(4)by striking 12 and inserting 14.


109 HR 5168 IH: For the relief of Eric Westhagen.
U.S. House of Representatives
2006-04-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

V
109th CONGRESS 2d Session
H. R. 5168
IN THE HOUSE OF REPRESENTATIVES

April 6, 2006
Mr. Petri (by request): introduced the following bill; which was referred to the Committee on Resources

A BILL
For the relief of Eric Westhagen.

1.Right of occupancy
(a)In generalThe Secretary of the Interior shall permit continued occupancy and use of the property described in subsection (b) by Eric Westhagen for the remainder of his natural life, subject to the requirements of this Act.
(b)Identification of propertyThe property referred to in subsection (a) consists of the lands described in section 13 of the stipulation, including any improvements thereon.
(c)Terms and conditionsOccupancy and use of the property identified in subsection (b) shall be subject to the same terms and conditions as specified in the stipulation, except that Eric Westhagen shall be required annually to pay to the Secretary of the Interior an amount equal to one twenty-fifth of the amount specified in section 11 of the stipulation.
(d)ConstructionNothing in this Act shall be construed to permit construction of any structure not in existence as of the date of enactment of this Act, or to apply to occupancy or use of the property described in subsection (b) by any person other than Eric Westhagen.
2.Stipulation definedIn this Act, the term stipulation means the Stipulation for Conditions of Rights of Use and Occupancy of Single Family Non-Commercial Property of Eric Westhagen and Helen Westhagen, entered into on November 4, 1983, between the United States and Eric Westhagen in the United States District Court for the Western District of Wisconsin.


116 S3821 IS: Affordable Health Care Options Act of 2020
U.S. Senate
2020-05-21
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.

II116th CONGRESS2d SessionS. 3821IN THE SENATE OF THE UNITED STATESMay 21, 2020Mrs. Loeffler introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Public Health Service Act to provide more options for affordable health insurance to uninsured Americans.1.Short titleThis Act may be cited as the Affordable Health Care Options Act of 2020.2.Short-term limited duration insurance(a)In generalSection 2791(b) of the Public Health Service Act (42 U.S.C. 300gg–91(b)) is amended by adding at the end the following:(6)Short-term limited duration insuranceThe term short-term, limited duration insurance means insurance covering medical care provided pursuant to a contract with an issuer that—(A)has an expiration date specified in the contract that is less than 1 year after the original effective date of the contract and, taking into account renewals or extensions, has a duration of no longer than 3 years in total; (B)may include a renewal guarantee; and(C)with respect to such a contract having a coverage start date on or after January 1, 2019, displays prominently in the contract and in any application materials provided in connection with enrollment in such insurance in at least 14 point type the language in the following notice, with any additional information required by applicable State law: This coverage is not required to comply with certain Federal market requirements for health insurance, principally those contained in the Affordable Care Act. Be sure to check your policy carefully to make sure you are aware of any exclusions or limitations regarding coverage of preexisting conditions or health benefits (such as hospitalization, emergency services, maternity care, preventive care, prescription drugs, and mental health and substance use disorder services). Your policy might also have lifetime or annual dollar limits on health benefits. If this coverage expires or you lose eligibility for this coverage, you might have to wait until an open enrollment period to get other health insurance coverage..(7)Renewal guaranteeThe term renewal guarantee, with respect to short-term limited duration insurance, means a provision in the contract that permits a policyholder, when purchasing the initial insurance contract, to pay an additional amount for a guarantee that the policyholder can elect to purchase, for periods of time following expiration of the initial contract, another policy or policies at some future date, at a specific premium that would not reflect any additional underwriting..(b)Treatment of short-Term limited duration insurance as excepted benefitSection 2791(c)(1) of the Public Health Service Act (42 U.S.C. 300gg–91(c)(1)) is amended—(1)by redesignating subparagraph (H) as subparagraph (I); and(2) by inserting after subparagraph (G) the following:(H)Short-term limited duration insurance..(c)Short-Term health insurance optionsPart C of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–91 et seq.) is amended—(1)by redesignating section 2794 (42 U.S.C. 300gg–95) (regarding uniform fraud and abuse referral format), as added by section 6603 of the Patient Protection and Affordable Care Act (Public Law 111–148), as section 2795; and(2)by adding at the end the following:2796.Short-term health insurance optionsNothing in this title shall be construed to restrict individuals from purchasing insurance covering medical care, including short-term limited-duration insurance, that features renewal guarantees, as defined in section 2791(b)(6)..


115 S3757 IS: Big Oil Bailout Prevention Unlimited Liability Act of 2018
U.S. Senate
2018-12-13
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.

II115th CONGRESS2d SessionS. 3757IN THE SENATE OF THE UNITED STATESDecember 13, 2018Mr. Menendez (for himself, Mr. Markey, Mr. Reed, Mr. Booker, Mr. Blumenthal, Mr. Whitehouse, Mr. Peters, Ms. Klobuchar, Mr. Merkley, Mrs. Shaheen, Mr. Durbin, Mrs. Gillibrand, Ms. Harris, Mrs. Feinstein, Ms. Smith, and Ms. Hassan) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Oil Pollution Act of 1990 to require oil polluters to pay the full cost of oil spills,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Big Oil Bailout Prevention Unlimited Liability Act of 2018.
		2.Removal of limits on liability for offshore
 facilitiesSection 1004(a)(3) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(3)) is amended by striking plus $75,000,000 and inserting and the liability of the responsible party under section 1002.


113 SRES 262 ATS: Supporting the goals and ideals of suicide prevention awareness.
U.S. Senate
2013-09-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

III113th CONGRESS1st SessionS. RES. 262IN THE SENATE OF THE UNITED STATESSeptember 26, 2013Mr. Donnelly (for himself, Mr. Isakson, Mr. Begich, Mr. Boozman, Mr. Chambliss, Ms. Hirono, and Mr. Tester) submitted the following resolution; which was considered and agreed toRESOLUTIONSupporting the goals and ideals of suicide
		  prevention awareness.Whereas suicide is the tenth leading cause of all deaths
			 in the United States and the second leading cause of death among individuals
			 between the ages of 10 and 34;Whereas, on average, there is a death by suicide in the
			 United States every 13.7 minutes;Whereas an estimated 6,000,000 individuals in the United
			 States are survivors of suicide, meaning they have lost a loved one to
			 suicide;Whereas suicide is a leading noncombat cause of death
			 among members of the Armed Forces;Whereas, on average, 22 veterans are lost to suicide in
			 the United States each day;Whereas the Joshua Omvig Veterans Suicide Prevention Act
			 (Public Law 110–110; 121 Stat. 1031) was enacted in 2007 to establish a
			 comprehensive program for suicide prevention among veterans;Whereas the Veterans Crisis Line, which was established
			 under the Joshua Omvig Veteran Suicide Prevention Act, has received more than
			 890,000 telephone calls and facilitated more than 30,000 life-saving
			 rescues;Whereas the stigma associated with mental illness and
			 suicidality works against suicide prevention by discouraging individuals at
			 risk of suicide from seeking life-saving help and further traumatizes survivors
			 of suicide;Whereas 90 percent of the individuals who die by suicide
			 have a diagnosable psychiatric disorder at the time of death;Whereas many suicides are preventable; andWhereas September is National Suicide Prevention Awareness
			 Month: Now, therefore, be itThat the Senate—(1)supports the
			 goals and ideals of National Suicide Prevention Awareness Month;(2)supports efforts
			 during National Suicide Prevention Awareness Month to raise awareness and
			 improve outreach to individuals at risk for suicide, especially such efforts
			 addressed to veterans and members of the Armed Forces; and(3)encourages the
			 people of the United States to learn more about the warning signs of suicide
			 and how each person can help prevent suicide and promote mental health.