		II
		Calendar No. 396
		111th CONGRESS
		2d Session
		H. R. 4624
		IN THE SENATE OF THE UNITED
		  STATES

			March 10, 2010
			Received; read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

			May 18, 2010
			Reported by Mr.
			 Lieberman, without amendment

		AN ACT
		To designate the facility of the United
		  States Postal Service located at 125 Kerr Avenue in Rome City, Indiana, as the
		  SPC Nicholas Scott Hartge Post Office.

		1.SPC Nicholas Scott Hartge
			 Post Office
			(a)DesignationThe facility of the United States Postal
			 Service located at 125 Kerr Avenue in Rome City, Indiana, shall be known and
			 designated as the SPC Nicholas Scott Hartge Post Office.
			(b)ReferencesAny reference in a law, map, regulation,
			 document, paper, or other record of the United States to the facility referred
			 to in subsection (a) shall be deemed to be a reference to the SPC
			 Nicholas Scott Hartge Post Office.

		May 18, 2010
		Reported without amendment


 HR 5147 ENR: Bathrooms Accessible in Every Situation Act
U.S. House of Representatives

text/xml
EN
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I
One Hundred Fourteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Monday, the fourth day of January, two thousand and sixteen
H. R. 5147

AN ACT
To amend title 40, United States Code, to require restrooms in public buildings to be equipped with baby changing facilities.

1.Short title This Act may be cited as the Bathrooms Accessible in Every Situation Act or BABIES Act.  2.Baby changing facilities in restrooms in public buildings (a)In generalChapter 33 of title 40, United States Code, is amended—
(1)by redesignating sections 3314, 3315, and 3316 as sections 3315, 3316, and 3317, respectively; and (2)by inserting after section 3313 the following new section:

3314.Baby changing facilities in restrooms
(a)Additional requirement for the construction, alteration, and acquisition of public buildingsExcept as provided in subsection (b) and subject to any reasonable accommodations that may be made for individuals in accordance with the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) restrooms in a public building shall be equipped with baby changing facilities that the Administrator determines are physically safe, sanitary, and appropriate. (b)ExceptionsThe requirement under subsection (a) shall not apply—
(1)to a restroom in a public building that is not available or accessible for public use;  (2)to a restroom in a public building that contains clear and conspicuous signage indicating where a restroom with a baby changing table is located on the same floor of such public building;
(3)if new construction would be required to install a baby changing facility in the public building and the cost of such construction is unfeasible; or (4)to a building not subject to an alteration as set forth in section 3307.
(c)DefinitionsIn this section: (1)Baby changing facilityThe term baby changing facility means a table or other device suitable for changing the diaper of a child age 3 or under.
(2)Pubic buildingThe term public building means a public building as defined in section 3301 and controlled by the Public Building Service of the General Services Administration.. (b)Clerical amendmentThe analysis for such chapter is amended by striking the items relating to sections 3314, 3315, and 3316 and inserting the following:

3314. Baby changing facilities in restrooms.
3315. Delegation.
3316. Report to Congress.
3317. Certain authority not affected..
(c)ApplicabilityThe requirement under section 3314(a) of title 40, United States Code, shall apply in the case of a public building constructed, altered, or acquired by the Administrator of General Services on or after the date that is 1 year after the date of the enactment of this Act, beginning on that date.  Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


115 HR 2402 IH: San Juan County Settlement Implementation Act
U.S. House of Representatives
2017-05-08
text/xml
EN
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I115th CONGRESS1st SessionH. R. 2402IN THE HOUSE OF REPRESENTATIVESMay 8, 2017Mr. Ben Ray Luján of New Mexico (for himself, Ms. Cheney, Mr. Lamborn, Mr. Tipton, Mr. O'Halleran, and Mr. Comer) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo authorize the Secretary of the Interior to retire coal preference right lease applications for
			 which the Secretary has made an affirmative commercial quantities
			 determination, to substitute certain land selections of the Navajo Nation,
			 and for other purposes.

 1.Short titleThis Act may be cited as the San Juan County Settlement Implementation Act . 2.Exchange of coal preference right lease applications (a)DefinitionsIn this section:
 (1)Bidding rightThe term bidding right means an appropriate legal instrument or other written documentation, including an entry in an account managed by the Secretary, issued or created under subpart 3435 of title 43, Code of Federal Regulations, that may be used—
 (A)in lieu of a monetary payment for 50 percent of a bonus bid for a coal lease sale under the Mineral Leasing Act (30 U.S.C. 181 et seq.); or
 (B)as a monetary credit against 50 percent of any rental or royalty payments due under any Federal coal lease.
 (2)SecretaryThe term Secretary means the Secretary of the Interior. (b)Use of bidding right (1)In generalIf the Secretary retires a coal preference right lease application under the Mineral Leasing Act (30 U.S.C. 181 et seq.) by issuing a bidding right in exchange for the relinquishment of the coal preference right lease application, the bidding right subsequently may be used in lieu of 50 percent of the amount owed for any monetary payment of—
 (A)a bonus in a coal lease sale; or (B)rental or royalty under a Federal coal lease.
					(2)Payment calculation
 (A)In generalThe Secretary shall calculate a payment of amounts owed to a relevant State under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) based on the combined value of the bidding rights and amounts received.
 (B)Amounts receivedExcept as provided in this subsection, for purposes of calculating the payment of amounts owed to a relevant State under subparagraph (A) only, a bidding right shall be considered amounts received.
 (c)Source of PaymentsThe Secretary shall make payments to the relevant State under subsection (b) from monetary payments received by the Secretary when bidding rights are exercised under this Act.
 (d)Treatment of PaymentsA payment to a State under this section shall be treated as a payment under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)).
			(e)Transferability; Limitation
 (1)TransferabilityA bidding right issued for a coal preference right lease application under the Mineral Leasing Act (30 U.S.C. 181 et seq.) shall be fully transferable to any other person. (2)Notification of SecretaryA person who transfers a bidding right shall notify the Secretary of the transfer by any method determined to be appropriate by the Secretary.
				(3)Effective period
 (A)In generalA bidding right issued under the Mineral Leasing Act (30 U.S.C. 181 et seq.) shall terminate on the expiration of the 7-year period beginning on the date the bidding right is issued.
 (B)Tolling of periodThe 7-year period described in subparagraph (A) shall be tolled during any period in which exercise of the bidding right is precluded by temporary injunctive relief granted under, or administrative, legislative, or judicial suspension of, the Federal coal leasing program.
 (f)DeadlineIf an existing settlement of a coal preference right lease application has not been implemented as of the date of enactment of this Act, not later than 180 days after that date of enactment, the Secretary shall complete the bidding rights valuation process in accordance with the terms of the settlement.
			3.Certain land selections of the Navajo Nation
 (a)Cancellation of certain selectionsThe land selections made by the Navajo Nation pursuant to Public Law 93–531 (commonly known as the Navajo-Hopi Land Settlement Act of 1974) (25 U.S.C. 640d et seq.) that are depicted on the map entitled Navajo-Hopi Land Settlement Act Selected Lands and dated April 2, 2015, are cancelled. (b)Authorization for new selection (1)In generalSubject to paragraphs (2), (3), and (4) and subsection (c), the Navajo Nation may make new land selections in accordance with the Act referred to in subsection (a) to replace the land selections cancelled under that subsection.
 (2)Acreage capThe total acreage of land selected under paragraph (1) shall not exceed 15,000 acres of land. (3)ExclusionsThe following land shall not be eligible for selection under paragraph (1):
 (A)Land within a unit of the National Landscape Conservation System. (B)Land within—
 (i)the Glade Run Recreation Area; (ii)the Fossil Forest Research Natural Area; or
 (iii)a special management area or area of critical environmental concern identified in a land use plan developed under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) that is in effect on the date of enactment of this Act.
 (C)Any land subject to a lease or contract under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Act of July 31, 1947 (commonly known as the Materials Act of 1947) (30 U.S.C. 601 et seq.), as of the date of the selection. (4)DeadlineNot later than 7 years after the date of enactment of this Act, the Navajo Nation shall make all selections under paragraph (1).
 (5)WithdrawalAny land selected by the Navajo Nation under paragraph (1) shall be withdrawn from disposal, leasing, and development until the date on which the selected land is placed into trust for the Navajo Nation.
				(c)Equal value
 (1)In generalNotwithstanding the acreage limitation in the second proviso of section 11(c) of Public Law 93–531 (commonly known as the Navajo-Hopi Land Settlement Act of 1974) (25 U.S.C. 640d–10(c)) and subject to subsection (b)(2), the value of the land selected under subsection (b)(1) and the land subject to selections cancellation under subsection (a) shall be equal, based on appraisals conducted under paragraph (2).
				(2)Appraisals
 (A)In generalThe value of the land selected under subsection (b)(1) and the land subject to selections cancelled under subsection (a) shall be determined by appraisals conducted in accordance with—
 (i)the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii)the Uniform Standards of Professional Appraisal Practice.
						(B)Timing
 (i)Land subject to selections cancelledNot later than 18 months after the date of enactment of this Act, the appraisal under subparagraph (A) of the land subject to selections cancelled under subsection (a) shall be completed.
 (ii)New selectionsThe appraisals under subparagraph (A) of the land selected under subsection (b)(1) shall be completed as the Navajo Nation finalizes those land selections.
 (d)BoundaryFor purposes of this section and the Act referred to in subsection (a), the present boundary of the Navajo Reservation is depicted on the map entitled Navajo Nation Boundary and dated November 16, 2015.


117 HR 3458 IH: State and Local Pensions Accountability and Security Act
U.S. House of Representatives
2021-05-21
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.

I117th CONGRESS1st SessionH. R. 3458IN THE HOUSE OF REPRESENTATIVESMay 21, 2021Mr. Babin introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Financial Services, 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 prohibit the Secretary of the Treasury and the Board of Governors of the Federal Reserve System from providing bailouts or other financial assistance to a pension plan of a State or political subdivision thereof, and for other purposes.1.Short titleThis Act may be cited as the State and Local Pensions Accountability and Security Act.2.Prohibition on bailouts for State and local pension fundsThe Secretary of the Treasury and the Board of Governors of the Federal Reserve System may not provide any loan, grant, or other form of financial assistance—(1)to a pension plan (as defined under section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002)) established or maintained by the government of any State or political subdivision thereof, or by any agency or instrumentality of such a State or political subdivision; or(2)to the government of any State or political subdivision thereof, or any agency or instrumentality of such a State or political subdivision, unless such government, agency, or instrumentality certifies that the financial assistance will not be used, directly or indirectly, to fund such a pension plan.


		IV
		111th CONGRESS
		2d Session
		H. CON. RES. 245
		IN THE HOUSE OF REPRESENTATIVES

			March 2, 2010
			Mr. Lance (for
			 himself and Mr. Holt) submitted the
			 following concurrent resolution; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		CONCURRENT RESOLUTION
		Recognizing the life-saving role of ostomy
		  care and prosthetics in the daily lives of hundreds of thousands of people in
		  the United States.

		Whereas over 700,000 people in the United States, from
			 young children to senior citizens, have an ostomy, a surgical procedure that
			 creates an artificial opening in the abdomen to the intestines or urinary
			 system to allow for the elimination of bodily wastes;
		Whereas an ostomy procedure is essential to many patients
			 who suffer on a daily basis from serious, chronic, or life-threatening
			 traumatic injury to the abdomen, illnesses and conditions, such as colorectal
			 or bladder cancer, Crohn’s Disease, Ulcerative Colitis, birth defects, or other
			 intestinal or urinary medical conditions;
		Whereas following ostomy surgery, patients need
			 specially-fitted medical products to manage, temporarily or permanently restore
			 intestinal or urinary system function, or re-establish activities of daily
			 living, and improve quality of life;
		Whereas ostomy products are prosthetic devices prescribed
			 by health care providers and meet the definition of prosthetics under
			 Medicare;
		Whereas however, ostomy products are currently reimbursed
			 under Medicare as medical supplies, not prosthetics;
		Whereas there is a significant inconsistency under the
			 Medicare program between the coverage category of, and reimbursement policy
			 for, ostomy products;
		Whereas Federal Medicaid statutes do not require coverage
			 of prosthetics, including ostomy products;
		Whereas Medicare’s inconsistent policy and reimbursement
			 approach to ostomy products and Medicaid’s lack of required coverage for ostomy
			 products could affect access for patients in need;
		Whereas ostomy products are customized to the clinical
			 needs of individual patients and are not the same as other easily
			 interchangeable medical supplies such as gauze and bandages;
		Whereas Congress has previously recognized the physical,
			 psychological, and emotional importance of restoring function and improving the
			 quality of life through enactment of the Women’s Health and Cancer Rights Act
			 of 1998 (Public Law 105–277), which requires coverage of surgery to reconstruct
			 the breast after a mastectomy, including any prostheses;
		Whereas ongoing advances and innovation in ostomy
			 prosthetics technology can dramatically improve the lives of those who undergo
			 ostomy surgery, by helping to normalize their intestinal or urinary system
			 function, improve physical well-being, and often enable the individual to
			 rejoin the workforce; and
		Whereas the Department of Health and Human Services has
			 recognized the need to improve its use of resources and authorities to
			 encourage and facilitate the development and use of new medical technologies:
			 Now, therefore, be it

		That Congress—
			(1)recognizes the life-saving role of ostomy
			 care and prosthetics in the daily lives of hundreds of thousands of people in
			 the United States;
			(2)recognizes if a
			 surgical procedure results in a patient needing a prosthetic that manages, or
			 temporarily or permanently restores intestinal or urinary system function,
			 specifically the control of the elimination of the body's waste products, then
			 that custom-fit, medically prescribed prosthetic should be available to
			 patients without substitution and be adequately reimbursed;
			(3)urges that ostomy
			 products be recognized, categorized, covered, and reimbursed in a new payment
			 category of “prosthetic supplies” consistent with Medicare’s current
			 recognition of ostomy products as prosthetics; and
			(4)urges the
			 Secretary of the Department of Health and Human Services to ensure that the
			 department’s programs, policies, and payment practices facilitate, and do not
			 discourage, innovation of and access to medical devices that restore or improve
			 intestinal or urinary system function of people in the United States with an
			 ostomy.


117 HRES 343 IH: Recognizing the 500th anniversary of the founding of the city of San Juan, Puerto Rico.
U.S. House of Representatives
2021-04-22
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EN
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IV117th CONGRESS1st SessionH. RES. 343IN THE HOUSE OF REPRESENTATIVESApril 22, 2021Miss González-Colón (for herself, Ms. Velázquez, Mrs. Murphy of Florida, Mr. Diaz-Balart, Mr. Gimenez, and Mr. Soto) submitted the following resolution; which was referred to the Committee on Oversight and ReformRESOLUTIONRecognizing the 500th anniversary of the founding of the city of San Juan, Puerto Rico.Whereas, since 1898, after the Spanish-American War and with the ratification of the Treaty of Paris, Puerto Rico has been a territory of the United States;Whereas the city of San Juan, Puerto Rico’s capital, is the oldest continuously inhabited city established by Europeans within United States territory, as reference, the city of Saint Augustine, in the State of Florida, was established in 1565, which makes the city of San Juan about 44 years older;Whereas San Juan is also the third oldest capital city established by Europeans in the Americas, after Santo Domingo, Dominican Republic (1496), and Panama City, Panama (1519);Whereas San Juan is home to the second oldest church in the Americas, Iglesia San José, which started construction in 1532 and has just reopened its doors after more than two decades of restoration work;Whereas the Palacio de Santa Catalina, also known as La Fortaleza, initially constructed between 1533 and 1540, also located in San Juan, is the oldest executive mansion in continuous use in the Americas;Whereas, on March 4, 1513, Juan Ponce de León, Puerto Rico’s first Governor and conquistador, departed from Puerto Rico to lead the first known expedition to what is now the State of Florida;Whereas Juan Ponce de León was interred in San Juan in 1521 and his tomb is now located in the Cathedral of San Juan Bautista;Whereas the architectural and cultural heritage of San Juan has been recognized by the United Nations as a World Heritage Site, and by the United States National Park Service with the establishment of the San Juan National Historic Site, are constituted by the fortifications built between the 1500s and 1700s to protect San Juan against invading forces, including Castillo San Felipe del Morro, most of the city walls, the San Juan Gate and Fort San Juan de la Cruz, and Fort San Cristóbal, considered the largest fortress built in the Americas;Whereas these fortifications remained active defenses of the United States Military until the Second World War, and on March 21, 1915, Lieutenant Teófilo Marxuach, officer at El Morro Castle, ordered fire upon the German armed supply ship Odenwald trying to force its way out of San Juan Bay to deliver supplies to German submarines in the Atlantic Ocean, in what is considered to be the first shot fired by the regular Armed Forces of the United States against any ship flying the colors of the Central Powers of World War I;Whereas, in 1946, Felisa Rincón de Gautier was appointed mayor of San Juan, making her the first woman mayor of a capital city in the Americas;Whereas, in 1959, San Juan was awarded the All-America City Award, an award given by the National Civic League, which recognizes communities that leverage civic engagement, collaboration, inclusiveness, and innovation to successfully address local issues;Whereas the Escuelas Maternales, established in San Juan by mayor Rincón de Gautier would eventually become the model for the Head Start programs in the United States;Whereas San Juan has hosted several major sporting events including—(1)1966 Central American and Caribbean Games;(2)1979 Pan American Games; (3)Baseball Winter League Caribbean World Series: 1950, 1954, 1958, 1971, 1975, 1979, 1984, 1995, 1999, 2015, and 2020; (4)World Baseball Classic: 2006, 2009, and 2013; (5)1974 FIBA World Championship (basketball);(6)FIBA Americas Championship: 1980, 1993, 1999, 2003, and 2009; and(7)2010 Latin American Regional Special Olympics;Whereas the city of San Juan is now a main center of industry, commerce, and culture and a touchstone of the culture of the Puerto Rican community across the United States and the world; andWhereas the city of San Juan will celebrate the quincentennial anniversary of the city from September 2021 to May 2022: Now, therefore, be itThat the House of Representatives—(1)recognizes the 500th anniversary of the founding of the city of San Juan, Puerto Rico;(2)honors the history of the city of San Juan, Puerto Rico; and(3)encourages the people of the United States to observe and recognize the quincentennial anniversary of the city of San Juan.


		III
		111th CONGRESS
		2d Session
		S. RES. 460
		IN THE SENATE OF THE UNITED STATES

			March 17, 2010
			Mr. Leahy (for himself
			 and Mr. Sanders) submitted the following
			 resolution; which was considered and agreed to

		RESOLUTION
		Recognizing the importance of the Long
		  Trail and the Green Mountain Club on the 100th anniversary of the Long
		  Trail.

		Whereas the Long Trail is the oldest long-distance hiking
			 trail in the United States;
		Whereas the Long Trail stretches over 273 miles, from the
			 Massachusetts to Canadian borders, with approximately 175 miles of side trails
			 and more than 65 shelters;
		Whereas the Long Trail has achieved the dream of founder
			 James Taylor of creating “a high highway, a mountain footpath over the skyline
			 of Vermont”;
		Whereas the Green Mountain Club is the founder, sponsor,
			 defender, and protector of the Long Trail;
		Whereas the Green Mountain Club has delivered 100 years of
			 conservation, community education, and outreach on local ecology;
		Whereas the Long Trail has protected the habitat of many
			 important species for future generations, including the black bear, the moose,
			 the bobcat, and migratory songbirds;
		Whereas the thousands of members and dedicated volunteers
			 of the Green Mountain Club have worked to maintain, manage, and protect the
			 Long Trail for the benefit of the people of the State of Vermont during the
			 last century;
		Whereas the Long Trail is a popular tourist destination
			 for people from around the world, including Senators, a Secretary of
			 Agriculture, and even a President;
		Whereas the Long Trail allows the people of the State of
			 Vermont and tourists to enjoy the Green Mountain State and all the beauty and
			 history the State has to offer;
		Whereas the Green Mountain Club has successfully conserved
			 the entire corridor of the Long Trail, fought efforts to build highways or
			 commercial developments that intersect with the Long Trail, and helped to
			 maintain pristine Vermont forestland for future generations to enjoy;
			 and
		Whereas the Green Mountain Club has recognized members
			 regardless of sex or race since the founding of the club: Now, therefore, be
			 it

		That the Senate recognizes the 100th
			 anniversary of the Long Trail of the State of Vermont, the oldest long-distance
			 hiking trail in the United States, and applauds the Green Mountain Club and the
			 many volunteers of the Green Mountain Club for a century of service and for
			 creating, protecting, and enjoying the Long Trail.


		I
		111th CONGRESS
		2d Session
		H. R. 6316
		IN THE HOUSE OF REPRESENTATIVES

			September 29, 2010
			Mr. Boren (for
			 himself, Mr. Miller of Florida,
			 Mr. Ryan of Wisconsin,
			 Mr. Ross, Mr. Wittman, Mr.
			 Alexander, Mr. Young of
			 Alaska, Mr. Brown of South
			 Carolina, and Ms.
			 Bordallo) 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 mitigate the economic impact of the transition to sustainable
		  fisheries on fishing communities, and for other purposes.

		1.Short titleThis Act may be cited as the Fishery
			 Conservation Transition Act.
		2.Transition to
			 sustainable fisheries
			(a)In
			 GeneralWithin 180 days after the close of fishing year 2010
			 (within the meaning given that term in the Magnuson-Stevens Fishery
			 Conservation and Management Act (16 U.S.C. 1802 et seq.)), the Secretary of
			 Commerce shall determine, with respect to each fishery for which a fishery
			 management plan that meets the requirements of section 303(a)(15) of that Act
			 (16 U.S.C. 1853(a)(15)) is in effect that contains a complete prohibition on
			 the retention of stocks subject to overfishing within the fishery for the
			 entire fishing season, whether the prohibition is sufficient to prevent or end
			 overfishing for the stocks, or stocks undergoing overfishing, to which it
			 applies.
			(b)Remedial
			 ActionIf the Secretary determines that the prohibition contained
			 in such a fishery management plan is not sufficient to prevent or end
			 overfishing for the stocks to which it applies, the Secretary may authorize
			 retention of fish that are not undergoing overfishing within that fishery,
			 notwithstanding that discard mortality of stocks for which retention is
			 prohibited may be inconsistent with provisions on ending or preventing
			 overfishing, if, within 90 days after a determination by the Secretary under
			 subsection (a), the Regional Fishery Management Council with jurisdiction over
			 the fishery implements—
				(1)measures to
			 minimize bycatch and bycatch mortality to the extent practicable;
				(2)an enhanced data
			 collection requirement, such as an electronic logbook data collection system,
			 for recreational, for-hire, and commercial fishers;
				(3)a
			 program of on-board observers for charter, for-hire, and commercial fishers
			 that will monitor and collect data on bycatch and bycatch mortality in
			 multispecies fisheries with prohibitions on retention on one or more species in
			 the fisheries; and
				(4)in coordination
			 with the Secretary, other measures to ensure accountability of the fishery,
			 including those that will substantially contribute to addressing data gaps in
			 stock assessments.
				(c)Additional
			 RequirementsThe Secretary shall take such action as may be
			 necessary to ensure that, with respect to any stock subject to overfishing in a
			 fishery to which a determination under subsection (b) applies—
				(1)a
			 monitoring and research program to monitor the recovery of the affected stocks
			 of fish is implemented for the fishery within 1 year after the date of
			 enactment of this Act;
				(2)a
			 stock assessment for the overfished species within the affected stocks of fish
			 is initiated, taking into account relevant life history of the stock, within 6
			 months after the date on which the Secretary makes such a determination;
			 and
				(3)the Regional
			 Fishery Management Council with jurisdiction over the affected fishery submits
			 a report to Congress and the Secretary detailing a long-term plan for reducing
			 discard mortality of the affected stocks of fish to which a determination under
			 subsection (a) applies within 2 years after the date of enactment of this
			 Act.
				(d)Further Action
			 RequiredIf the Secretary determines that—
				(1)the Regional
			 Fishery Management Council with jurisdiction over a fishery has complied with
			 the requirements of subsections (b) and (c), and
				(2)the fishery
			 management plan’s prohibition on the retention of stocks subject to overfishing
			 continues to be insufficient to prevent or end overfishing for those
			 stocks,
				the
			 Secretary shall take such action as may be necessary to end overfishing for the
			 stocks to which the prohibition applies before the end of fishing year
			 2015.3.Economic
			 assistance program
			(a)In
			 GeneralSection 208 of the Magnuson-Stevens Fishery Conservation
			 and Management Reauthorization Act of 2006 (16 U.S.C. 1891b) is amended—
				(1)by striking
			 and after the semicolon in subsection (b)(6);
				(2)by striking
			 materia. in subsection (b)(7) and inserting materia;
			 and;
				(3)by adding at the
			 end of subsection (b) the following:

						(8)the economic
				assistance program under subsection
				(f).
						;
				(4)by striking
			 and after the semicolon in subsection (c)(2)(A);
				(5)by striking
			 section. in subsection (c)(2)(B) and inserting section;
			 and;
				(6)by adding at the
			 end of subsection (c)(2) the following:

						(C)fees collected
				under permit programs for a fishery significantly affected by a prohibition on
				the retention of stocks to end or prevent
				overfishing.
						;
				and
				(7)by adding at the
			 end thereof the following:

						(f)Economic
				Assistance Program
							(1)In
				generalThe Secretary shall establish an economic assistance
				program to assist recreational and commercial fishery participants, fishing
				industries, and fishing communities significantly affected by a prohibition on
				the retention of stocks to end or prevent overfishing or rebuild overfished
				stocks and use amounts in the Fund to provide such assistance.
							(2)Criteria for
				assistanceIn the administration of the program, the Secretary
				shall develop criteria for prioritizing economic assistance requests, including
				consideration of the conservation and management history of the fishery, the
				sustainability of conservation and management approaches, the magnitude of the
				economic impact of the retention prohibition, and community and social
				impacts.
							(3)Application
				processThe Secretary shall develop an application process to
				determine eligibility for economic assistance under the program and shall
				consult with States whose recreational and commercial fishery participants,
				fishing industries, or fishing communities have been affected by the
				prohibition. Any person or community seeking assistance under the program shall
				submit an application at such time, in such manner, and containing such
				information and assurances as the Secretary may require.
							(4)State matching
				fundsThe Federal share of assistance provided under the program
				to recreational and commercial fishery participants, fishing industries, or
				fishing communities may not exceed 75 percent. Before granting assistance under
				the program, the Secretary shall consult with the State in which the recipient
				is located and request that the State provide matching funds. The Secretary may
				waive, in whole or in part, the matching requirement under this
				paragraph.
							.
				4.Authority to
			 Act
			(a)Clarification of
			 Emergency AuthoritySection 305(c) of the Magnuson-Stevens
			 Fishery Conservation and Management Act (16 U.S.C. 1855(c)) is amended by
			 adding at the end the following:

					(4)For purposes of this section, an
				emergency is a situation that results from recent, unforeseen, or recently
				discovered circumstances that present serious conservation or management
				problems in the fishery, including ecological, economic, social, or public
				health interests. An emergency may include increasing or decreasing a catch
				limit, or modifying a time or area closure or retention prohibition in response
				to new science or stock assessment information, but only if such action is
				needed to address serious conservation or management problems in the
				fishery.
					.
			5.Fishery studies
			 and reports
			(a)Status of
			 Fishery ReportSection 304(e)(7) of the Magnuson-Stevens Fishery
			 Conservation and Management Act (16 U.S.C. 1854(e)(7)) is amended—
				(1)by inserting
			 (A) before The Secretary;
				(2)by redesignating
			 subparagraphs (A) and (B) as clauses (i) and (ii); and
				(3)by adding at the
			 end the following:

						(B)In the review, the Secretary shall
				consider—
							(i)a stock assessment conducted pursuant
				to subsection (c);
							(ii)an analysis of the local, regional,
				and national social and economic impacts on fishing communities and industries
				directly and indirectly related to the fishery; and
							(iii)fishery management measures to
				enhance the sustainability of stocks of fish that are overfished, and an
				evaluation of alternative management approaches that may be implemented to
				enhance such sustainability.
							(C)Stock assessment updates for each
				stock of fish that is overfished or undergoing overfishing shall be conducted
				at 2-year intervals, and a full stock assessment pursuant to subsection (c)
				shall be conducted no less frequently than once every 5 years.
						(D)The Secretary shall include a summary
				of reviews conducted under subparagraph (A) in the report required by paragraph
				(1) of this subsection. To the extent possible, the Secretary shall include in
				the report recommendations for actions that could be taken to encourage the
				sustainable management of stocks of fish listed in the Fish Stocks
				Sustainability
				Index.
						.
				(b)Assessment of
			 Current Management Measures
				(1)In
			 generalThe Secretary of Commerce shall conduct a study, in
			 cooperation with the National Academy of Sciences, to determine if current
			 fishery management measures for stocks in a multispecies fishery yield the most
			 productive use of marine resources while effectively conserving sustainable
			 populations and a healthy marine ecosystem. The study shall include—
					(A)the identification
			 of the statutory and regulatory impediments to achieving the maximum
			 sustainable yield from the entire fishery;
					(B)the identification
			 of fishery independent environmental stressors on the fishery;
					(C)the economic value
			 derived from the yield in the fishery; and
					(D)alternative
			 fishery management measures and technologies that would result in increased
			 economic and harvest yields consistent with sound conservation.
					(2)ReportWithin
			 180 days after the date of enactment of this Act, the Secretary shall transmit
			 a report to the Senate Committee on Commerce, Science, and Transportation and
			 the House of Representatives Committee on Natural Resources containing the
			 Secretary’s findings, conclusions, and recommendations.


IV
111th CONGRESS
2d Session
H. RES. 1566
In the House of Representatives, U. S.,

July 30, 2010

RESOLUTION
Recognizing the 50th anniversary of the Student Nonviolent Coordinating Committee (SNCC) and the pioneering of college students whose determination and nonviolent resistance led to the desegregation of lunch counters and places of public accommodation over a 5-year period.

Whereas, on February 1, 1960, 4 students, Joseph McNeil, Ezell Blair, Franklin McCain, and David Richmond, attending North Carolina Agricultural and Technical College in Greensboro, North Carolina, walked into Woolworth’s department store to purchase school supplies and then sat down at the store’s lunch counter for coffee;
Whereas they were refused service at the lunch counter and stayed seated at the counter until the store closed;
Whereas when they were forced to leave the store, they still had not been served;
Whereas these same students recruited other students from Bennett College for Women and Dudley High School, and after a few days of sit-ins, protestors filled almost all 66 places at Greensboro’s Woolworth’s lunch counter, attracting the attention of local reporters;
Whereas the actions of these 4 North Carolina A&T students sparked a national sit-in movement;
Whereas by the end of February 1960, there were nonviolent sit-ins in more than 30 communities in 7 States;
Whereas sit-ins spread to Charlotte, Winston-Salem, Durham, Raleigh, Fayetteville, and other cities in North Carolina;
Whereas on February 9, students at Smith University in Charlotte, North Carolina, instituted numerous sit-ins with Friendship Junior College students in Rock Hill, South Carolina;
Whereas most Charlotte lunch counters and restaurants eventually integrated their businesses;
Whereas North and South Carolina students protested segregation in Rock Hill, South Carolina, to push integration and racial equality within local businesses;
Whereas on February 11 and 12, sit-ins spread to Hampton, Virginia, and Rock Hill, South Carolina, respectively;
Whereas on February 25, 40 students tried to sit-in at the Kress store in downtown Orangeburg, South Carolina;
Whereas Kress’s lunch counter was closed and the stools were removed to prevent Blacks from promoting nonviolent resistance by sitting at a white-only facility;
Whereas, on March 15, 1960, almost 1,000 students from South Carolina State and Claflin College began a peaceful march downtown to protest segregation and support sit-ins, and were attacked with clubs, tear-gas, and high-pressure fire hoses;
Whereas almost 400 of the peaceful marchers were forced into a police stockade, it was the largest Freedom Movement mass arrest at that time;
Whereas, on February 13, 1960, African-American students in Nashville, Tennessee, began a desegregation sit-in campaign called the Nashville Student Movement;
Whereas racist violence escalated with harassment and beatings and many nonviolent protesters were arrested, overflowing the jails;
Whereas 81 of the students were convicted of disorderly conduct and refused to pay the fine and chose instead to serve their time in jail;
Whereas, on April 19, 1960 the home Alexander Looby, the attorney representing most students in the Nashville Student Movement, was destroyed by a terrorist bomb;
Whereas the bomb on Looby’s home led to a nonviolent march to the Nashville City Hall where student activist Diane Nash confronted Mayor Ben West, forcing him to admit segregation was morally wrong;
Whereas the Nashville sit-in movement led to it being the first major city to begin desegregation of its public facilities on May 10, 1960;
Whereas, on February 22, 1960, the Civic Interest Group in Baltimore, Maryland, initiated sit-ins and pickets of department stores, ice cream parlors, and movie theaters;
Whereas Baltimore restaurants agreed to integrate after a short period of time;
Whereas Baltimore’s Civic Interest Group continued its nonviolent resistance campaign over the next several years to initiate integration of all Baltimore businesses;
Whereas Atlanta University Center (AUC) students began sit-ins on March 15, 1960, after forming the Committee on Appeal for Human Rights that facilitated training sessions and workshops on the tactics of nonviolent resistance;
Whereas Atlanta students focused on support of Atlanta’s African-American community to initiate boycott of all segregated stores;
Whereas by September of 1961, many Atlanta store owners desegregated their lunch counters based on the Atlanta students’ commitment to integration;
Whereas, on March 16, 1960, students in Savannah, Georgia, demanded the integration of public facilities and the hiring of African-American clerks and managers within stores;
Whereas Savannah students won their integration demands by boycotting White-owned downtown stores;
Whereas sit-ins in Memphis were launched on March 19, 1960, by students from LeMoyne College and Owen Junior College;
Whereas Memphis students organized sit-ins at the main public library and local department stores;
Whereas protests in Memphis continued throughout the summer of 1960 and resulted in the integration of the local bus lines and the City’s parks;
Whereas, on March 28, 1960, students from Baton Rouge and New Orleans Southern and Xavier University, respectively, began nonviolent resistant sit-ins;
Whereas Louisiana student activists were arrested for sit-ins, expelled from school and barred from all public colleges and universities within Louisiana;
Whereas their peers called for a boycott of all classes until the expelled students were reinstated;
Whereas the Louisiana boycotts continued for years and reached it’s height with the Freedom March in September 1963;
Whereas the civil rights movement principle of peaceful protests spread throughout the South, and the Nation was captivated by the images of young people marching, praying, singing, demonstrating, and in many cases, being met with violence;
Whereas by July 1960, Woolworth and Kress Stores agreed to serve all “properly dressed and well behaved people” regardless of race;
Whereas on from April 15–17, 1960, with an $800 grant, 126 delegates from 58 student sit-in centers and from 12 different States, from the North and the South gathered at Shaw University in Raleigh, North Carolina, and formed the Student Nonviolent Coordinating Committee (SNCC) which lead to the national sit-in effort, and helped lead the “Freedom Rides” in 1961 and the historic March on Washington in 1963;
Whereas SNCC was advised by Ella Baker, who was a former member of the Southern Christian Leadership Conference and worked as a field secretary and director of branches for the National Association of the Advancement of Colored People (NAACP);
Whereas Ella Baker listened to the students and she encouraged their nonviolent efforts as a quiet leader of a grass-roots effort;
Whereas SNCC learned from great planners like Jim Forman and A. Philip Randolph, and were inspired by Jim Lawson and Dr. Martin Luther King, Jr., and developed an unique, agile, determined, and organized approach to nonviolent action, that ultimately forced the desegregation of the South;
Whereas by the end of April 1960, a sit-in had occurred in every southern State;
Whereas by August 1961, one and a half years after the inception of the sit-ins, the movement had attracted over 70,000 participants and generated over 3,000 arrests;
Whereas in addition to its goal of desegregating places of public accommodation, SNCC engaged in a voter registration program in some of the most segregated areas of the country;
Whereas SNCC’s voter registration program culminated in 1964 with the Mississippi Summer Project, sponsored by the Council of Federated Organizations (SNCC, Congress of Racial Equality (CORE) and Southern Christian Leadership Conference (SCLC)), during which hundreds of volunteers, Black and White, from the North and South, coordinated and participated in voter registration projects and the formation of Freedom Schools;
Whereas SNCC organized Freedom Schools which endeavored to eradicate fear and to educate African-Americans about their right to vote and participate in the democratic process;
Whereas in 1964, SNCC helped organize the Mississippi Freedom Democratic Party (MFDP), which challenged the legitimacy and seating of Mississippi’s officially recognized Democratic Party;
Whereas the national party decision-makers promised expansion of gender and racially based restrictions;
Whereas in 1972 racially and gender based restrictions were formalized into the McGovern Rules, which outlawed explicitly racist local party affiliates;
Whereas SNCC facilitated the organization and implementation of the nonviolent protests against segregation;
Whereas SNCC worked with the NAACP to push the passage of the Civil Rights Act of 1964; and
Whereas the enthusiasm of the students and the support they garnered for their pacifism in the face of hatred, led to the beginning of integration within the United States and the enactment of the Voting Rights Act of 1965: Now, therefore, be it

That the House of Representatives—
(1)recognizes the 50th anniversary of the founding of the Student Nonviolent Coordinating Committee (SNCC);
(2)recognizes and commemorate the significance and importance of SNCC and its role in organizing the national sit-in movement and the role that they played in the desegregation of United States society and for creating the political climate necessary to pass legislation to expand civil rights and voting rights for all people in the United States;
(3)encourages the people of the United States to recognize and celebrate the legal victories of the national sit-in movement that sought to eradicate segregation in United States society; and
(4)aspires to work with the same courage, determination, dignity, and commitment exemplified by those pioneering students who dared to challenge a segregated society by addressing modern-day inequalities and injustice.

Lorraine C. Miller,Clerk.


115 S1284 IS: Community Bank Relief Act
U.S. Senate
2017-05-25
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 CONGRESS1st SessionS. 1284IN THE SENATE OF THE UNITED STATESMay 25, 2017Mr. Hatch (for himself, Mr. King, and Mr. Nelson) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo raise the consolidated assets threshold under the small bank holding company policy statement,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Community Bank Relief Act. 2.DefinitionsIn this Act—
 (1)the term bank holding company has the meaning given the term in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841);
 (2)the term Board means the Board of Governors of the Federal Reserve System; and (3)the term savings and loan holding company has the meaning given the term in section 10(a) of the Home Owners' Loan Act (12 U.S.C. 1467a(a)).
			3.Changes required to small bank holding company policy statement on assessment of financial and
			 managerial factors
 (a)In generalBefore the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall revise appendix C of part 225 of title 12, Code of Federal Regulations (commonly known as the Small Bank Holding Company and Savings and Loan Holding Company Policy Statement), to raise the consolidated asset threshold under that appendix from $1,000,000,000 (as adjusted by Public Law 113–250 (12 U.S.C. 5371 note)) to $5,000,000,000 for bank holding companies and savings and loan holding companies that—
 (1)are not engaged in significant nonbanking activities either directly or through a nonbank subsidiary;
 (2)do not conduct significant off-balance sheet activities (including securitization and asset management or administration) either directly or through a nonbank subsidiary; and
 (3)do not have a material amount of debt or equity securities outstanding (other than trust preferred securities) that are registered with the Securities and Exchange Commission.
 (b)ExclusionsThe Board may exclude any bank holding company or savings and loan holding company, regardless of asset size, from the revision under subsection (a) if the Board determines that such action is warranted for supervisory purposes.
 (c)Conforming amendmentSection 171(b)(5) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5371(b)(5)) is amended by striking subparagraph (C) and inserting the following:

 (C)any bank holding company or savings and loan holding company that is subject to the application of appendix C of part 225 of title 12, Code of Federal Regulations (commonly known as the Small Bank Holding Company and Savings and Loan Holding Company Policy Statement)..


 HR 4544 ENR: Code Talkers Recognition Act of 2008
U.S. House of Representatives
0
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
One Hundred Tenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Thursday, the third day of January, two thousand and eight
H. R. 4544

AN ACT
To require the issuance of medals to recognize the dedication and valor of Native American code talkers.

1.Short titleThis Act may be cited as the Code Talkers Recognition Act of 2008.
2.PurposeThe purpose of this Act is to require the issuance of medals to express the sense of the Congress that—
(1)the service of Native American code talkers to the United States deserves immediate recognition for dedication and valor; and
(2)honoring Native American code talkers is long overdue.
3.FindingsThe Congress finds the following:
(1)When the United States entered World War I, Native Americans were not accorded the status of citizens of the United States.
(2)Without regard to that lack of citizenship, members of Indian tribes and nations enlisted in the Armed Forces to fight on behalf of the United States.
(3)The first reported use of Native American code talkers was on October 17, 1918.
(4)Because the language used by the Choctaw code talkers in the transmission of information was not based on a European language or on a mathematical progression, the Germans were unable to understand any of the transmissions.
(5)This use of Native American code talkers was the first time in modern warfare that such a transmission of messages in a native language was used for the purpose of confusing an enemy.
(6)On December 7, 1941, Japan attacked Pearl Harbor, Hawaii, and the Congress declared war the following day.
(7)The Federal Government called on the Comanche Nation to support the military effort during World War II by recruiting and enlisting Comanche men to serve in the Army to develop a secret code based on the Comanche language.
(8)The United States Army recruited approximately 50 Native Americans for special native language communication assignments.
(9)The United States Marine Corps recruited several hundred Navajos for duty in the Pacific region.
(10)During World War II, the United States employed Native American code talkers who developed secret means of communication based on native languages and were critical to winning the war.
(11)To the frustration of the enemies of the United States, the code developed by the Native American code talkers proved to be unbreakable and was used extensively throughout the European theater.
(12)In 2001, the Congress and President Bush honored Navajo code talkers with congressional gold medals for the contributions of the code talkers to the United States Armed Forces as radio operators during World War II.
(13)The heroic and dramatic contributions of Native American code talkers were instrumental in driving back Axis forces across the Pacific during World War II.
(14)The Congress should provide to all Native American code talkers the recognition the code talkers deserve for the contributions of the code talkers to United States victories in World War I and World War II.
4.DefinitionsIn this Act, the following definitions shall apply:
(1)Code talkerThe term code talker means a Native American who—
(A)served in the Armed Forces during a foreign conflict in which the United States was involved; and
(B)transmitted (encoded and translated) secret coded messages for tactical military operations during World War I and World War II using their native tribal language (non-spontaneous communications)
(2)SecretaryThe term Secretary means the Secretary of the Treasury.
5.Congressional gold medals
(a)Award authorizationThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of gold medals of appropriate design in recognition of the service of Native American code talkers during World War I and World War II.
(b)Identification of recipientsThe Secretary, in consultation with the Secretary of Defense and the tribes, shall—
(1)determine the identity, to the maximum extent practicable, of each Native American tribe that had a member of that tribe serve as a Native American code talker, with the exception of the Navajo Nation;
(2)include the name of each Native American tribe identified under subparagraph (A) on a list; and
(3)provide the list, and any updates to the list, to the Smithsonian Institution for maintenance under section 5(c)(2).
(c)Design and striking of medals
(1)In generalThe Secretary shall strike the gold medals awarded under subsection (a) with appropriate emblems, devices, and inscriptions, as determined by the Secretary.
(2)Designs of medals emblematic of tribal affiliation and participationThe design of a gold medal under paragraph (1) shall be emblematic of the participation of the code talkers of each recognized tribe.
(3)TreatmentEach medal struck pursuant to this subsection shall be considered to be a national medal for purposes of chapter 51 of title 31, United States Code.
(d)Action by Smithsonian InstitutionThe Smithsonian Institution—
(1)shall accept and maintain such gold medals, and such silver duplicates of those medals, as recognized tribes elect to send to the Smithsonian Institution;
(2)shall maintain the list developed under section 6(1) of the names of Native American code talkers of each recognized tribe; and
(3)is encouraged to create a standing exhibit for Native American code talkers or Native American veterans.
6.Native American code talkersThe Secretary, in consultation with the Secretary of Defense and the tribes, shall—
(1)with respect to tribes recognized as of the date of the enactment of this Act —
(A)determine the identity, to the maximum extent practicable, of each Native American code talker of each recognized tribe with the exception of the Navajo Nation;
(B)include the name of each Native American code talker identified under subparagraph (A) on a list, to be organized by recognized tribe; and
(C)provide the list, and any updates to the list, to the Smithsonian Institution for maintenance under section 5(d)(2);
(2)in the future, determine whether any Indian tribe that is not a recognized as of the date of the enactment of this Act, should be eligible to receive a gold medal under this Act; and
(3)with consultation from the tribes listed in following subsection, examine the following specific tribes to determine the existence of Code Talkers:
(A)Assiniboine.
(B)Chippewa and Oneida.
(C)Choctaw.
(D)Comanche.
(E)Cree.
(F)Crow.
(G)Hopi.
(H)Kiowa.
(I)Menominee.
(J)Mississauga.
(K)Muscogee.
(L)Sac and Fox.
(M)Sioux.
7.Duplicate medals
(a)Silver duplicate medals
(1)In generalThe Secretary shall strike duplicates in silver of the gold medals struck under section 5(b), to be awarded in accordance with paragraph (2).
(2)Eligibility for award
(A)In generalA Native American shall be eligible to be awarded a silver duplicate medal struck under paragraph (1) in recognition of the service of Native American code talkers of the recognized tribe of the Native American, if the Native American served in the Armed Forces as a code talker in any foreign conflict in which the United States was involved during the 20th century.
(B)Death of code talkerIn the event of the death of a Native American code talker who had not been awarded a silver duplicate medal under this subsection, the Secretary may award a silver duplicate medal to the next of kin or other personal representative of the Native American code talker.
(C)DeterminationEligibility for an award under this subsection shall be determined by the Secretary in accordance with section 6.
(b)Bronze duplicate medalsThe Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 4 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold and silver medals.
8.Authority to use fund amounts; proceeds of sale
(a)Authority to use fund amountsThere are authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals struck pursuant to this Act.
(b)Proceeds of saleAmounts received from the sale of duplicate bronze medals authorized under section 7(b) shall be deposited into the United States Mint Public Enterprise Fund.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


		II
		110th CONGRESS
		1st Session
		S. 2005
		IN THE SENATE OF THE UNITED STATES

			August 3, 2007
			Mrs. Clinton (for
			 herself, Mr. Sanders, and
			 Mrs. Murray) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Public Health Service Act to provide
		  education on the health consequences of exposure to secondhand smoke, and for
		  other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Secondhand Smoke Education and
			 Outreach Act of 2007.
		2.FindingsCongress makes the following
			 findings:
			(1)Secondhand smoke
			 contains more than 50 carcinogens (California Environmental Protection Agency,
			 2005; The Health Consequences of Involuntary Exposure to Tobacco
			 Smoke, A Report of the Surgeon General, 2006).
			(2)Secondhand smoke
			 causes approximately 46,000 cardiac deaths in the United States annually
			 (California Environmental Protection Agency, 2005).
			(3)Secondhand smoke
			 causes 3,000 lung cancer deaths a year in the United States (California
			 Environmental Protection Agency, 2005).
			(4)There is a causal
			 relationship between infants’ and children’s exposure to secondary smoke and
			 their development of lower respiratory illnesses. Involuntary exposure to
			 tobacco smoke causes an estimated 150,000 lower respiratory tract infections
			 each year in infants and children under 18 months of age. These illnesses
			 result in as many as 15,000 hospitalizations every year (Respiratory
			 Health Effects of Passive Smoking: Lung Cancer and Other Disorders,
			 Environmental Protection Agency, 1992; “Health Effects of Exposure to
			 Environmental Tobacco Smoke”, National Cancer Institute Report, 1999; “The
			 Health Consequences of Involuntary Exposure to Tobacco Smoke”, A Report of the
			 Surgeon General, 2006).
			(5)Children exposed
			 to secondhand smoke are at an increased risk for acute respiratory infections
			 and more severe asthma, among other diseases (California Environmental
			 Protection Agency, 2005; The Health Consequences of Involuntary Exposure
			 to Tobacco Smoke, A Report of the Surgeon General, 2006).
			(6)Secondhand smoke
			 exposure has both immediate and long-term adverse health effects on the adult
			 cardiovascular system. Exposure to secondhand smoke for 30 minutes can damage
			 coronary arteries, potentially leading to the constriction of blood vessels,
			 abnormal fatty deposits in arteries, and blood clot formation. Sustained
			 exposure to secondhand smoke can increase the risk of coronary heart disease by
			 25 to 30 percent (Otsuka et al., “Acute Effects of Passive Smoking on the
			 Coronary Circulation in Healthy Young Adults,” Journal of the American Medical
			 Association, 2001; “The Health Consequences of Involuntary Exposure to Tobacco
			 Smoke,” A Report of the Surgeon General, 2006).
			(7)Living with a
			 smoker increases a non-smoker’s risk of developing lung cancer by 20 to 30
			 percent (Hackshaw et al., “The Accumulated Evidence on Long Cancer and
			 Environmental Tobacco Smoke.” British Medical Journal, 1997; Zhong et al.,
			 “Exposure to Environmental Tobacco Smoke and the Risk of Lung Cancer: A
			 Meta-Analysis.” Lung Cancer, 2000; “The Health Consequences of Involuntary
			 Exposure to Tobacco Smoke”, A Report of the Surgeon General, 2006).
			(8)The Surgeon
			 General declared that there is no safe level of exposure to secondhand
			 smoke.
			(9)Although more
			 than 20 States have passed smoke-free laws, including laws that ban smoking in
			 restaurants and bars, Americans of all age groups are involuntarily exposed to
			 tobacco smoke through exposure in workplaces, homes, cars, apartments, and even
			 outdoor public spaces.
			(10)Annually, an
			 estimated 11 percent of American children aged 6 years were reported to be
			 exposed to secondhand smoke in their homes on a regular basis. Nearly 60
			 percent of children between the ages of 3 and 11 years of age are exposed to
			 secondhand smoke each year (The Health Consequences of Involuntary
			 Exposure to Tobacco Smoke, A Report of the Surgeon General,
			 2006).
			(11)Air
			 conditioning, ventilation, and heating systems can not reduce or eliminate the
			 risks associated with exposure to secondhand smoke in indoor environments
			 (ASHRAE position document on environmental tobacco smoke, American Society of
			 Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE), 2005).
			(12)Racial and
			 ethnic minorities in the United States have higher rates of occupational
			 exposure to secondhand smoke, with Latinos and Native Americans having the
			 highest rates (National Cancer Institute, 1997).
			(13)Nationally, an
			 estimated of 20.9 percent of American adults currently smoke cigarettes. This
			 statistic includes the estimated 16.2 percent of Hispanic adults, 13.3 percent
			 of Asian Americans, 21.9 percent of Caucasians, 21.5 percent of African
			 Americans, and 32.0 percent of American Indians/Alaska Natives who smoke
			 cigarettes in the United States (Centers for Disease Control and Prevention,
			 2005).
			(14)Nationally, an
			 estimated 69.5 percent of current adult smokers want to quit smoking, this
			 includes the estimated 61.5 percent of Hispanic adult smokers, 70.3 percent of
			 Caucasian adult smokers, 70.7 percent of African American adult smokers, and
			 68.8 percent of Asian American adult smokers who want to quit smoking (National
			 Center for Health Statistics, 2005).
			(15)Racial and
			 ethnic minority communities are disproportionately targeted with advertising
			 campaigns for tobacco products (U.S. Department of Health and Human Services,
			 1998).
			(16)The tobacco
			 industry has contributed to primary and secondary schools, funded universities
			 and colleges, and supported scholarship programs targeting racial and ethnic
			 minorities. Tobacco companies have also placed advertising in community
			 publications and sponsored cultural events in racial and ethnic minority
			 communities (U.S. Department of Health and Human Services, 1998).
			3.Sense of
			 Congress on health and environmental consequences of secondhand
			 smokeIt is the sense of
			 Congress that—
			(1)scientific
			 research has found that children and adults suffer adverse health consequences
			 from exposure to tobacco smoke;
			(2)individuals,
			 especially children, who do not smoke should not be exposed to tobacco
			 smoke;
			(3)there is a
			 continued need for—
				(A)the dissemination
			 of educational material on the adverse health consequences of secondhand smoke;
			 and
				(B)parents to
			 receive education about the adverse health consequences that they and their
			 children may suffer as a result of exposure to tobacco smoke so that they no
			 longer expose their children and themselves to secondhand smoke; and
				(4)in order to
			 lessen the human and economic toll of tobacco, it is critical that the
			 Department of Health and Human Services take action to ensure that all
			 healthcare professionals receive training in the delivery of evidence-based
			 tobacco dependence treatment.
			4.Grants for
			 education campaigns on the consequences of secondhand smoke in multi-unit
			 housing, demonstration projects to support education in public spaces on the
			 consequences of secondhand smoke, and tobacco control educationPart A of title V of the Public Health
			 Service Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the
			 following:

				506C.Grants for
				education campaigns on consequences of secondhand smoke in multi-unit
				housing
					(a)In
				generalThe Secretary, acting through the Administrator and in
				consultation with the Secretary of Housing and Urban Development, shall award
				grants for the implementation of educational campaigns, developed or
				disseminated, with emphasis on, but not limited to, organizations that involve
				the participation of youth, on the health consequences of secondhand smoke in
				multi-unit housing.
					(b)RequirementsTo
				be eligible to receive a grant under this section an entity shall—
						(1)be a private
				nonprofit entity, a State or local Government, a faith-based or community-based
				organization, or other tax exempt organization;
						(2)not accept
				anything of value from, or have any affiliation or contractual relationship
				with, any tobacco company, its affiliates, its subsidiaries, or its parent
				company, or enter into any affiliation or contractual relationship that could
				create a conflict or perceived conflict of interest at any time during the term
				of the grant; and
						(3)include with any
				grant application, a statement that discloses information (if any) on the
				applicant's existing affiliations and contractual relationships with tobacco
				companies or their subsidiaries.
						(c)Considerations
				in awarding grants
						(1)In
				generalIn awarding grants under this section, the Secretary, to
				the extent feasible and acting through the Administrator, shall ensure
				that—
							(A)grant activities
				are funded in a variety of geographic areas, including urban and rural areas
				and frontier areas as well as American Indian/Alaskan native and native
				Hawaiian communities; and
							(B)grant activities
				impact a variety of populations, including racial and ethnic minorities,
				including American Indian, native Alaskan, native Hawaiian, and
				low-income.
							(2)Special
				considerationIn awarding grants under this section, the
				Secretary shall give special consideration to—
							(A)organizations
				whose participants include secondary school or college-age individuals and that
				provide adult supervision and mentorship; and
							(B)organizations
				that reach racial or ethnic populations that experience a disproportionate
				share of the cancer burden through community-based participation in education,
				research, and training.
							(d)DurationA
				grant shall be awarded under this section for a period of not to exceed 3
				years, with an extension period of an additional 2 years, at the discretion of
				the Secretary.
					(e)ApplicationTo
				be eligible to receive a grant under this section, a entity shall—
						(1)submit an
				application to the Secretary (at such time, in such form, and containing such
				information as the Secretary may specify); and
						(2)agree to report
				to the Secretary a description of the manner in which grant funds were used,
				and the degree of dissemination of the information produced under the grant
				concerning the health consequences of exposure to secondhand smoke in
				multi-unit housing.
						(f)EvaluationNot
				later than July 31 of the second calendar year after the date of enactment of
				this section, and July 31 of every year thereafter, the Secretary shall submit
				to Congress a report, consistent with the Government Performance and Results
				Act of 1993, evaluating the activities conducted under grants awarded under
				this section for such year.
					(g)Supplement, not
				supplantFunds made available under this section shall
				supplement, and not supplant, other Federal, State, or local funds available to
				an entity to carry out activities of the type described in this section.
					(h)Authorization
				of appropriationsThere is authorized to be appropriated such
				sums as may be necessary to carry out this section for fiscal year 2008 and
				each fiscal year thereafter.
					506D.Demonstration
				projects to support education in public spaces on consequences of secondhand
				smoke
					(a)In
				generalThe Secretary, acting through the Administrator, shall
				award grants to public and private nonprofit entities for the conduct of
				projects to demonstrate ways of educating the public about the health
				consequences of secondhand smoking in public spaces, including public parks,
				playgrounds, and national parks.
					(b)RequirementTo
				be eligible for a grant under this section—
						(1)the grantee shall
				be a private nonprofit entity, a State or local government, an Indian or tribal
				organization, a faith-based or community-based organization, or other tax
				exempt organization;
						(2)the project to be
				carried out by the entity under the grant shall be designed to provide
				information on the health consequences of secondhand smoking in public spaces,
				including the findings from the 2006 Surgeon General’s report entitled
				The Health Consequences of Involuntary Exposure to Tobacco
				Smoke;
						(3)the grantee may
				not accept anything of value from, or have any affiliation or contractual
				relationship with, any tobacco company, its affiliates, its subsidiaries, or
				its parent company, or enter into any affiliation or contractual relationship
				that could create a conflict or perceived conflict of interest at any time
				during the term of the grant; and
						(4)the grantee shall
				include with any grant application, a statement that discloses information (if
				any) on the applicant's existing affiliations and contractual relationships
				with tobacco companies or their subsidiaries.
						(c)Considerations
				in awarding grants
						(1)In
				generalIn awarding grants under this section, the Secretary, to
				the extent feasible and acting through the Administrator, shall ensure
				that—
							(A)projects are
				funded in a variety of geographic areas, including urban and rural areas and
				frontier areas as well as American Indian/Alaskan native and native Hawaiian
				communities; and
							(B)a variety of
				populations, including racial and ethnic minorities, including American Indian,
				native Alaskan, native Hawaiian, and low-income populations, are served by
				projects funded under this section.
							(2)Special
				considerationIn awarding grants under this section, the
				Secretary shall give special consideration to
							(A)organizations
				whose participants include secondary school or college-age individuals and that
				provide adult supervision and mentorship; and
							(B)organizations
				that reach racial or ethnic populations that experience a disproportionate
				share of the cancer burden through community-based participation in education,
				research, and training.
							(d)DurationA
				project may receive funding under a grant under this section for a period of
				not to exceed 3 years, with an extension period of an additional 2 years, at
				the discretion of the Secretary.
					(e)ApplicationTo
				be eligible to receive a grant under this section, a public or private
				nonprofit entity shall—
						(1)submit an
				application to the Secretary (at such time, in such form, and containing such
				information as the Secretary may specify); and
						(2)agree to report
				to the Secretary the information, and accompanying citations, on health
				consequences of exposure to secondhand smoke that will be disseminated through
				the demonstration project.
						(f)EvaluationNot
				later than July 31 of the second calendar year after the date of enactment of
				this section, and July 31 of every year thereafter, the Secretary shall submit
				to Congress a report evaluating the projects receiving awards under this
				section for the year involved.
					(g)Supplement, not
				supplantFunds made available under this section shall
				supplement, and not supplant, other Federal, State, or local funds available to
				an entity to carry out activities of the type described in this section.
					(h)Authorization
				of appropriationsThere is authorized to be appropriated such
				sums as may be necessary to carry out this section for fiscal year 2008 and
				each fiscal year thereafter.
					506E.Grants for
				the implementation of regional or local tobacco control education for health
				care workers and providers
					(a)In
				generalThe Secretary, in consultation with the Administrator,
				may award competitive grants to eligible entities to implement regional or
				local education programs at medical schools, hospitals, health centers and
				Federally qualified health centers, and rural health clinics as well as through
				medical professional membership organizations to provide health care providers
				and workers (including primary care physicians, nurses, licensed mental health
				professionals, and addiction counselors) with minimum tobacco cessation
				training as part of their ongoing medical education.
					(b)EligibilityTo
				be eligible to receive a grant under subsection (a) an entity shall—
						(1)be a—
							(A)medical
				school;
							(B)hospital
				(including a hospital that provide services to low income and underserved
				populations such as critical access or disproportionate share hospitals as well
				as native hospitals);
							(C)health center or
				Federally qualified health center;
							(D)medical
				professional membership organization; or
							(E)rural health
				clinic or American Indian/Alaskan native and native Hawaiian clinic;
							(2)demonstrate that
				the entity has included tobacco cessation training to improve healthcare
				quality and curricula;
						(3)ensure that
				healthcare providers will be required to complete course work in training
				curricula as described in subsection (e), appropriate to their practice,
				regarding treatment of tobacco use and dependence;
						(4)not accept
				anything of value from, or have any affiliation or contractual relationship
				with, any tobacco company, its affiliates, its subsidiaries, or its parent
				company, or enter into any affiliation or contractual relationship that could
				create a conflict or perceived conflict of interest at any time during the term
				of the grant; and
						(5)prepare and
				submit to the Secretary an application in accordance with subsection (c), that
				includes a statement that discloses information (if any) on the applicant's
				existing affiliations and contractual relationships with tobacco companies or
				their subsidiaries.
						(c)ApplicationTo
				be eligible to receive a grant under this section, an entity shall—
						(1)submit an
				application to the Secretary (in such form, containing such information, and at
				such time as the Secretary may specify); and
						(2)agree to report
				to the Secretary standardized performance data necessary to facilitate
				evaluations across participating programs.
						(d)Use of
				fundsAmounts received under a grant under subsection (a) shall
				be used to establish and implement a regional or local tobacco control
				education program for health care workers in accordance with this section. Such
				education program may include cessation training relevant to other substances
				(legal or illegal, including alcohol and drugs). Grantees may provide services
				under a grant under this section through the use of technology, including
				telemedicine technology, to educate patients about tobacco use remotely, as
				opposed to educating patients through person-to-person contact.
					(e)Training
				curricula
						(1)PurposeThe
				training curricula to be funded under this section shall provide the knowledge
				and skills necessary to implement evidenced-based strategies to—
							(A)assist smokers to
				quit smoking;
							(B)educate smokers
				and nonsmokers about the health consequences of secondhand smoke; and
							(C)promote at the
				community level, as well as the healthcare system level, self-sustaining
				networks for the delivery of affordable, accessible, and effective cessation
				services.
							(2)ContentThe
				training curricula to be funded under this section shall—
							(A)be consistent
				with the recommendations of the Public Health Service Clinical Practice
				Guideline: Treating Tobacco Use and Dependence and the
				Department of Health and Human Service Interagency Committee on Smoking and
				Health's National Action Plan for Tobacco Cessation;
							(B)ensure that
				individuals providing tobacco cessation services have received education and
				training consistent with current best practices described in this section and
				have demonstrated competency in core skills associated with such
				practices;
							(C)enhance the
				capacity of communities to provide tobacco cessation services at multiple
				levels of intensity; and
							(D)incorporate—
								(i)behavioral
				treatment;
								(ii)pharmocotherapy;
								(iii)relapse
				prevention; and
								(iv)smoking
				cessation in special populations including pregnant women, adolescents, and
				individuals with comorbidities including psychiatric illness and other chemical
				illnesses.
								(f)Evaluation
						(1)In
				generalNot later than July 31 of the second calendar year after
				the date of enactment of this section, and July 31 of every year thereafter,
				the Secretary, in consultation with the Administrator, shall submit to Congress
				a report evaluating the tobacco cessation education programs receiving awards
				under this section for such year.
						(2)ContractsThe
				Secretary, in consultation with the Administrator of the Substance Abuse and
				Mental Health Services Administration, may enter into contract where
				appropriate, with public health organizations with established infrastructure,
				research, and experience for the conduct of evaluations of tobacco dependence
				treatment and educational programs under this section.
						(g)ClarificationAn
				eligible entity that receives a grant under this section shall not mandate
				tobacco use training as a condition of employment.
					(h)Authorization
				of appropriationsThere is authorized to be appropriated to carry
				out this section such sums as may be necessary for each of fiscal years 2008
				through
				2012.
					.


116 S2019 IS: Restoring Oversight for Members of Congress Act
U.S. Senate
2019-06-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 2019IN THE SENATE OF THE UNITED STATESJune 27, 2019Mr. Wyden (for himself, Mr. Sanders, and Mr. Van Hollen) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo ensure Members of Congress have access to Federal facilities in order to exercise their
			 Constitutional oversight responsibilities.

 1.Short titleThis Act may be cited as the Restoring Oversight for Members of Congress Act. 2.Restoring oversight through access to Federal facilities for Members (a)DefinitionsIn this section—
 (1)the term committee of jurisdiction, with respect to a Federal facility, means the committee of the Senate or the House of Representatives with jurisdiction of the activities carried out at the Federal facility;
 (2)the term Federal facility— (A)means a facility, or portion of a facility, that is owned or controlled by the Federal Government; and
 (B)includes— (i)a facility, or portion of a facility, used by the Federal Government under a contract or lease; and
 (ii)a facility, or portion of a facility, at which operations are carried out under the authority of the Federal Government granted under a contract or other agreement with the Federal Government; and
 (3)the term Member of Congress— (A)has the meaning given that term under section 2106 of title 5, United States Code; and
 (B)does not include the Vice President. (b)Access to facilitiesSubject to subsection (c)(4), the head of the agency that controls access to a Federal facility, or the manager of the Federal facility, shall provide a Member of Congress seeking access to the Federal facility with immediate access to the Federal facility.
			(c)Restrictions of access for national security reasons
 (1)In generalIf the head of an agency wishes to restrict the access of Members of Congress to a Federal facility for national security reasons, the head of the agency shall submit to the committee of jurisdiction of each House of Congress a report explaining the articulable national security damage that would result from providing access to the Federal facility to a Member of Congress.
 (2)Negotiated protocolsIf the head of an agency submits a report under paragraph (1) with respect to a Federal facility, the committees of jurisdiction shall seek to negotiate with the head of the agency protocols under which all Members of Congress may access the Federal facility.
 (3)Report seeking to limit accessIf the head of an agency determines that the agency does not believe protocols can be established under which all Members of Congress may access the Federal facility, the head of the agency shall submit to the committee of jurisdiction of each House of Congress a report explaining the national security reasons that such protocols cannot be established.
				(4)Limit on access
 (A)In generalExcept as provided in subparagraph (B), for a Federal facility with respect to which the head of an agency submits a report under paragraph (3), with the approval of the Chairman and Ranking Member of the committee of jurisdiction of each House of Congress, access to the Federal facility may be limited for national security reasons to Members of Congress who are members of a committee of jurisdiction.
 (B)Certain overseas facilitiesFor a Federal facility that is located outside the United States and presents exceptional physical security concerns with respect to which the head of an agency submits a report under paragraph (3), with the approval of the Chairman and Ranking Member of the committee of jurisdiction of each House of Congress, the Federal facility may be restricted for national security reasons from all access by Members of Congress.
					(5)Access to facilities
 (A)ProtocolsIf the head of an agency and the committees of jurisdiction negotiate protocols under paragraph (2) with respect to a Federal facility, the head of the agency that controls access to a Federal facility, or the manager of the Federal facility, shall provide a Member of Congress seeking access to the Federal facility with immediate access to the Federal facility in accordance with such protocols.
 (B)DisapprovalIf the Chairman and Ranking Member of the committee of jurisdiction of each House of Congress do not approve restricting access to a Federal facility under subparagraph (A) or (B) of paragraph (4), the head of the agency that controls access to a Federal facility, or the manager of the Federal facility, shall provide a Member of Congress seeking access to the Federal facility with immediate access to the Federal facility in accordance with subsection (b).
 (6)NondelegationThe duties and authorities of the head of an agency under paragraphs (1) through (4) may not be delegated.
 (d)ContractsThe head of each agency shall ensure that any contract, lease, or other agreement with a non-Federal individual or entity relating to a Federal facility that is entered into or modified after the date of enactment of this Act includes a requirement to provide access to Members of Congress in accordance with this Act.
 (e)PenaltiesAny person who violates this Act, including the head of an agency, any officer or employee to whom duties under this Act are delegated, and any individual or entity entering a contract or lease with the Federal Government relating to a Federal facility, shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both.
 (f)FindingsA Member of Congress may enter a statement into the Congressional Record detailing the findings of the Member of Congress based on accessing a Federal facility.


V
108th CONGRESS
2d Session
H. R. 4098
IN THE HOUSE OF REPRESENTATIVES

March 31, 2004
Mr. Brady of Pennsylvania introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
For the relief of Zhuljeta Zhegra.

1.Permanent resident status for Zhuljeta Zhegra
(a)In generalNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Zhuljeta Zhegra shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.
(b)Adjustment of statusIf Zhuljeta Zhegra enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.
(c)Deadline for application and payment of feesSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.
(d)Reduction of immigrant visa numberUpon the granting of an immigrant visa or permanent residence to Zhuljeta Zhegra, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act.
(e)Denial of preferential immigration treatment for certain relativesThe natural parents, brothers, and sisters of Zhuljeta Zhegra shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.


116 HR 1474 IH: Strengthening Elections Through Intelligence Act
U.S. House of Representatives
2019-02-28
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 CONGRESS1st SessionH. R. 1474IN THE HOUSE OF REPRESENTATIVESFebruary 28, 2019Ms. Spanberger introduced the following bill; which was referred to the Permanent Select Committee on IntelligenceA BILLTo require the Director of National Intelligence to submit a pre-election threat assessment prior
			 to each regularly scheduled general election for Federal office, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Strengthening Elections Through Intelligence Act. 2.Pre-election threat assessments (a)Submission of assessment by DNINot later than 180 days before the date of each regularly scheduled general election for Federal office, the Director of National Intelligence shall submit an assessment of the full scope of threats to election infrastructure, including cybersecurity threats posed by state actors and terrorist groups, and recommendations to address or mitigate the threats, as developed by the Secretary and Chairman, to—
 (1)the chief State election official of each State; (2)the Committees on Homeland Security and House Administration of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Rules and Administration of the Senate; and
 (3)any other appropriate congressional committees. (b)Updates to initial assessmentsIf, at any time after submitting an assessment with respect to an election under subsection (a), the Director of National Intelligence determines that the assessment should be updated to reflect new information regarding the threats involved, the Director shall submit a revised assessment under such subsection.
 (c)DefinitionsIn this section, the following definitions apply: (1)The term Chairman means the chair of the Election Assistance Commission.
 (2)The term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State’s responsibilities under such Act.
 (3)The term election infrastructure means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency.
 (4)The term Secretary means the Secretary of Homeland Security. (5)The term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141).
 (d)Effective dateThis Act shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding regularly scheduled general election for Federal office.


117 HR 1265 IH: Enhancing Protections for Whistleblower Anonymity Act
U.S. House of Representatives
2021-02-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1265IN THE HOUSE OF REPRESENTATIVESFebruary 23, 2021Mr. Swalwell (for himself, Mr. Cohen, Mrs. Demings, and Ms. Norton) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to make the disclosure of the identity of a whistleblower a criminal offense, to provide a civil right of action for the disclosure of the identity of a whistleblower, and for other purposes.1.Short titleThis Act may be cited as the Enhancing Protections for Whistleblower Anonymity Act.2.Criminal penalty for the disclosure of the identity of a whistleblower(a)In generalChapter 88 of title 18, United States Code, is amended by adding at the end the following new section:1802.Disclosure of whistleblower identity(a)In generalExcept under the circumstances described in subsection (b), whoever, being an employee of the Federal Government or contractor of the Federal Government, knowingly makes a prohibited disclosure shall be fined under this title, imprisoned not more than 1 year, or both.(b)ExceptionsThe circumstances described in this subsection are the following:(1)The prohibited disclosure—(A)is made to—(i)an employee of the Federal Government;(ii)an employee of a State government; or(iii)an employee of a local government; and(B)is expressly permitted by any other law.(2)The whistleblower provides written consent before the prohibited disclosure is made.(c)ApplicabilitySubsection (a) shall only apply to a prohibited disclosure that is made after the date of enactment of this section.(d)DefinitionsIn this section:(1)Employee of the Federal GovernmentThe term employee of the Federal Government means an officer or employee of the United States Government, including—(A)a member of the uniformed service;(B)a Member of Congress; and(C)the President of the United States.(2)Member of CongressThe term Member of Congress has the meaning given such term in section 2106 of title 5. (3)Prohibited disclosureThe term prohibited disclosure means a formal or informal communication or transmission of—(A)the identity of a whistleblower; or(B)identifying information relating to a whistleblower.(4)WhistleblowerThe term whistleblower means each of the following:(A)An employee, former employee, or applicant for employment (as such terms are used in section 1213(a) of title 5) who makes a disclosure that is described in paragraph (1) or (2) of such section.(B)An employee of an agency or applicant for employment at an agency (as such terms are used in section 2302(b)(8)(C) of title 5) who makes a disclosure as described in such section.(C)A former employee of the Federal Government who makes a disclosure to Congress of information described in section 2302(b)(8)(C) of title 5.(D)An employee that makes a complaint or otherwise provides information to the Inspector General (as the terms employee and Inspector General are used in the Inspector General Act of 1978 (5 U.S.C. App.)) pursuant to the requirements of section 7 of such Act.(E)A member of the Armed Forces that—(i)complains of or discloses information; and(ii)is protected against retaliation for such actions under section 1034 of title 10.(F)An employee (as the term employee is used in section 103H of the National Security Act of 1947 (50 U.S.C. 3033)) who the Inspector General of the Intelligence Community may not disclose the identity of pursuant to the requirements of section 103H(g)(3)(A) of such Act (50 U.S.C. 3033(g)(3)(A)).(G)An employee (as the term employee is used in section 4712(a)(3)(A) of title 41) who is deemed to have made a disclosure under such section.(H)A individual not otherwise covered by subparagraphs (A) through (G) who—(i)is protected by law to make a disclosure of—(I)a violation of law or regulation; or(II)gross mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or the safety of a Federal entity;(ii)makes such a disclosure;(iii)is not prohibited by law to make such a disclosure; and(iv)is not disclosing information that is determined pursuant to Executive Order No. 13526 (75 Fed. Reg. 707; relating to classified national security information), or a successor order, or the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) to require protection against unauthorized disclosure..(b)Clerical amendmentThe table of sections for chapter 88 of title 18, United States Code, is amended by adding at the end the following new item:1802. Disclosure of whistleblower identity..3.Civil right of action against disclosure of whistleblower identity(a)Prohibited disclosureA whistleblower may bring a civil action before the appropriate district court—(1)for appropriate relief, including injunctive relief, compensatory damages, and punitive damages, against any employee of the Federal Government or contractor of the Federal Government who makes a prohibited disclosure, with respect to such whistleblower; or(2)for injunctive relief against any employee of the Federal Government or contractor of the Federal Government who threatens to make a prohibited disclosure, with respect to such whistleblower.(b)Jury trialA party to an action brought under subsection (a) shall be entitled to trial by jury.(c)DefinitionsIn this section, the terms employee of the Federal Government, prohibited disclosure, and whistleblower have the meanings given such terms in section 1802(d) of title 18, United States Code, as added by this Act.