116 HR 169 IH: Driver and Officer Safety Education Act
U.S. House of Representatives
2019-01-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
116th CONGRESS1st Session
H. R. 169
IN THE HOUSE OF REPRESENTATIVES

January 3, 2019
Mr. Green of Texas (for himself, Mr. Hastings, Ms. Clarke of New York, Ms. Moore, and Mr. Johnson of Georgia) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To amend title 23, United States Code, to establish a grant program for States that establish specific standards for education and training programs concerning civilian and law enforcement encounters during traffic stops and other in-person encounters, and for other purposes.

1.Short titleThis Act may be cited as the Driver and Officer Safety Education Act. 2.Grant program for States meeting minimum standards for educational and training programs concerning law enforcement practices during traffic stops and other in-person encounters (a)Increase in authorization levelsSection 4001(a)(3) of the FAST Act is amended by—
(1)striking paragraphs (D) and (E); and (2)inserting after paragraph (C) the following:

(D)$288,660,000 for fiscal year 2019; and (E)$291,618,000 for fiscal year 2020..
(b)Grant programSection 405 of title 23, United States Code is amended— (1)in subsection (a)(1), by striking 13 and inserting 12.74;
(2)in subsection (a)(2), by striking 14.5 and inserting 14.21; (3)in subsection (a)(3), by striking 52.5 and inserting 51.45;
(4)in subsection (a)(4), by striking 8.5 and inserting 8.33; (5)in subsection (a)(5), by striking 1.5 and inserting 1.47;
(6)in subsection (a)(6), by striking 5 and inserting 4.9; (7)in subsection (a)(7), by striking 5 and inserting 4.9;
(8)by redesignating paragraphs (8) through (10) of subsection (a) as paragraphs (9) through (11); (9)by inserting after subsection (a)(7) the following:

(8)Commuter safety educationIn each fiscal year, 2 percent of the funds provided under this section shall be allocated among States that implement commuter safety education programs (as described in subsection (i)).;  (10)in subsection (a)(9), as so redesignated, by—
(A)striking through (7) and inserting through (8); and (B)striking through (h) and inserting through (i); and
(11)by inserting at the end the following:  (i)Commuter safety education (1)General authoritySubject to the requirements under this subsection, the Secretary of Transportation shall award grants to States that enact a commuter safety education program.
(2)Federal shareThe Federal share of the costs of activities funded using amounts from grants awarded under this subsection may not exceed 80 percent for each fiscal year for which a State receives a grant. (3)EligibilityTo be eligible for a grant under this subsection, a State shall enact a law or adopt a program that requires the following:
(A)Driver education and driving safety coursesInclusion, in driver education and driving safety courses provided to individuals by educational and motor vehicle agencies of the State, of instruction and testing concerning law enforcement practices during traffic stops and other in-person encounters, including information on— (i) the role of law enforcement and the duties and responsibilities of peace officers;
(ii)an individual’s legal rights concerning interactions with peace officers; (iii)best practices for civilians and peace officers during such interactions;
(iv)laws regarding questioning and detention by peace officers, including any law requiring an individual to present proof of identity to a peace officer; (v)the consequences for an individual’s or officer's failure to comply with those laws; and
(vi)how and where to file a complaint against or a compliment on behalf of a peace officer. (B)Peace officer training programsDevelopment and implementation of a training program, including instruction and testing materials, for peace officers and reserve law enforcement officers (other than officers who have received training in a civilian course described in subparagraph (A)) pertaining to proper interaction with civilians during traffic stops and other in-person encounters.
(4)Allocation of grant fundsFor each fiscal year, funds made available to carry out this subsection for such fiscal year shall be apportioned to a covered State in an amount determined by multiplying— (A)the amount made available to carry out this subsection for the fiscal year; by
(B)the ratio that the amount of funds apportioned to each such State under section 402 for such fiscal year bears to the total amount of funds apportioned to all such States under section 402 for such fiscal year. (5)Covered StateIn this subsection, a covered State means—
(A)a State that the Secretary determines is enforcing and carrying out the law or program described in paragraph (3); and (B)a State that qualifies pursuant to paragraph (6)(A).
(6)Special rule for certain States
(A)Qualifying StateA State qualifies pursuant to this subparagraph if— (i)the Secretary determines such State has taken meaningful steps toward the full implementation of a law or program described in paragraph (3);
(ii)the Secretary determines such State has established a timetable for the implementation of such law or program; and (iii)subject to subparagraph (C), such State has received a grant pursuant to this subsection for a period of no more than 2 years.
(B)WithholdingWith respect to a State that qualifies pursuant to subparagraph (A), the Secretary shall— (i)withhold 50 percent of the amount that such State would otherwise receive if such State were a State described in paragraph (5)(A); and
(ii)direct any such amounts for distribution among the States described in paragraph (5)(A). (C)WaiverUpon the request of a State, the Secretary may waive or modify the 2-year period described in subparagraph (A)(iii) if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances.
(7)Use of grant amountsGrant funds received pursuant to this subsection may be used— (A)for the production of educational materials and training of staff for driver education and driving safety courses and peace officer training described in paragraph (3); and
(B)for the implementation of the law described in paragraph (3)..  3.Effective dateThe amendments made by section 2(b) shall take effect on the first day of the fiscal year that begins after the date of enactment of this Act.


114 S2967 RS: National Biodefense Strategy Act of 2016
U.S. Senate
2016-05-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 577114th CONGRESS2d SessionS. 2967[Report No. 114–306]IN THE SENATE OF THE UNITED STATESMay 23, 2016Mr. Johnson (for himself and Mrs. Ernst) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsAugust 30, 2016Reported under authority of the order of the Senate of July 14, 2016, by Mr. Johnson, with amendments and an amendment to the titleOmit the part struck through and insert the part printed in italicA BILLTo amend the Homeland Security Act of 2002 to require the Office of Management and Budget to
			 execute a national biodefense strategy, and for other purposes.

 1.Short titleThis Act may be cited as the National Biodefense Strategy Act of 2016.
		2.Biodefense strategy
 (a)In generalTitle V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following:

					526 527.National Biodefense Strategy
 (a)DefinitionsIn this section— (1)the term biodefense means any involvement in mitigating the risks of major biological incidents and public health emergencies to the United States, including with respect to—
 (A)threat awareness; (B)prevention and protection;
 (C)surveillance and detection; (D)response and recovery; and
 (E)attribution of an intentional biological incident; (2)the term biodefense enterprise means the programs, projects, activities, and resources across the Federal Government that are involved in biodefense;
							(3)
 (2)the term Council means the Biodefense Coordination Council established under subsection (b); and (3)the term Federal biodefense enterprise means the programs, projects, activities, and resources across the Federal Government that are involved in biodefense; and
 (4)the term Strategy means the National Biodefense Strategy required to be established under subsection (b)(5). (b)Biodefense Coordination Council (1)EstablishmentThe President shall establish a Biodefense Coordination Council, which shall be comprised of, at a minimum—
 (A)the Secretary of Health and Human Services; (B)the Secretary of Agriculture;
 (C)the Secretary of Defense; (D)the Secretary of Homeland Security;
 (E)the Secretary of State; (F)the Director of National Intelligence; and
 (G)the Administrator of the Environmental Protection Agency. (2)DutiesThe Council shall—
 (A)provide the expertise necessary to develop the Strategy; and (B)in coordination with the Office of Management and Budget, review, prioritize, and align necessary biodefense activities and spending across the Federal Government, in a manner consistent with the Strategy.
 (3)Rotating chairDuring the 4-year period beginning on the date on which the Council is established, and each 4-year period thereafter, each of the 4 Secretaries described in subparagraphs (A) through (D) of paragraph (1) shall serve as the chairperson for the Council for 1 year. The first chairperson of the Council shall be the Secretary of Health and Human Services.
 (4)President’s annual budgetThe recommendations of the Council shall inform the budget submitted by the President under section 1105 of title 31, United States Code, with respect to biodefense activities.
 (5)StrategyThe President shall develop a National Biodefense Strategy to direct and align the inter-governmental and multi-disciplinary efforts of the Federal Government towards an effective and continuously improving biodefense enterprise, including threat awareness, prevention and protection, surveillance and detection, and response and recovery to major biological incidents.
							(c)Coordination
 (1)CouncilIn developing the Strategy, the President shall utilize the Council. (2)Other agenciesIn developing the Strategy, the President may utilize—
 (A)the Secretary of Commerce; (B)the Attorney General; and
 (C)any other Federal department or agency the President determines appropriate, agency, or interagency body the President determines appropriate, including the Public Health Emergency Medical Countermeasures Enterprise.
 (3)Private sector entitiesThe President may receive input on elements of the Strategy from private sector biodefense entities.
 (3)Other entitiesThe President may receive input on elements of the Strategy from private sector biodefense entities and State, local, tribal, and territorial governments.
 (4)Academic institutionsThe President may receive input on elements of the Strategy from academic institutions. (d)Coordination with existing strategiesThe Strategy shall serve as a comprehensive guide for United States biodefense that directs and harmonizes all other strategies or plans established or maintained by a Federal department or agency with respect to biodefense.
						(e)Contents
 (1)RequirementsThe Strategy shall include, at a minimum— (A)a comprehensive description of the entities and positions of leadership with responsibility, authority, and accountability for implementing, overseeing, and coordinating Federal biodefense activities described in subsection (b)(5), including a description of how such entities coordinate on each aspect of biodefense;
 (B)a review of current and previous collaborative efforts between the Armed Forces and the civilian sector of the Federal Government on biodefense activities and coordination;
 (C)a detailed analysis of the— (i)relevant recommendations issued by external biodefense review panels or commissions, and the extent to which the recommendations have been considered and implemented by Federal departments and agencies;
 (ii)lessons learned from the response of the Federal Government to public health emergencies occurring within the 5 years preceding the submission of the strategy;
 (iii)risks associated with major biological incidents; (iv)resources and capabilities needed to address identified risks;
 (v)resource and capability gaps in the biodefense enterprise, including gaps in— (I)each category of biodefense activity described in subsection (a)(1);
 (II)identification and research of emerging biological threats; (III)programs, projects, and activities in effect before the date of enactment of this section;
 (IV)strategies and implementation plans related to biodefense activities in effect before the date of enactment of this section;
 (V)the ability to reallocate Federal resources to address risks posed by emerging biological threats; and
 (VI)meeting the needs of vulnerable populations during the response to and recovery from a public health emergency; and
 (vi)prioritization and allocation of investment across the biodefense enterprise; (D) (B)5-year goals, priorities, and metrics to improve and strengthen the ability of the Federal Government to prevent, detect, respond to, and recover from a major biological incident;
								(E)
 (C)short- and long-term research and development projects or initiatives planned to improve biodefense capability; and
								(F)
 (D)recommendations for legislative action needed to expedite progression toward the goals identified in the Strategy.
 (2)ConsiderationsIn developing the Strategy, the President may consider— (A)the trade-offs made between differing goals and requirements, due to constraints in expected assets and resources over the time period of such goals and requirements; and
 (B)any other analysis the President determines appropriate. (3)AnalysisThe Strategy shall include an appendix, which shall contain—
 (A)a review of current and previous collaborative efforts between the Armed Forces and the civilian sector of the Federal Government on biodefense activities and coordination;
 (B)a detailed analysis of the— (i)relevant recommendations issued by external biodefense review panels or commissions, and the extent to which the recommendations have been considered and implemented by Federal departments and agencies;
 (ii)lessons learned from the response of the Federal Government to public health emergencies occurring within the 5 years preceding the submission of the strategy;
 (iii)risks associated with major biological incidents; (iv)resources and capabilities needed to address identified risks; and
 (v)resource and capability gaps in the Federal biodefense enterprise, including gaps in— (I)each category of biodefense activity described in subsection (a)(1);
 (II)identification and research of emerging biological threats; (III)programs, projects, and activities in effect before the date of enactment of this section;
 (IV)strategies and implementation plans related to biodefense activities in effect before the date of enactment of this section;
 (V)the ability to reallocate Federal resources to address risks posed by emerging biological threats; and
 (VI)meeting the needs of vulnerable populations during the response to and recovery from a public health emergency; and
 (C)prioritization and allocation of investment across the Federal biodefense enterprise. (f)DeadlineNot later than 24 months after the date of enactment of this section and notwithstanding in accordance with subsection (k), the President shall submit the Strategy to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.
 (g)Status updatesNot later than 180 days after the date of enactment of this section, and every 180 days thereafter until the date on which the Strategy is submitted to the congressional committees described in subsection (f), the President shall submit to such congressional committees an update on the status of the Strategy.
 (h)RequirementNotwithstanding In accordance with subsection (k), the Strategy shall be made available on a public Internet website.
 (i)Five-Year updateBeginning 5 years after the date on which the Strategy is submitted to the congressional committees described in subsection (f), and not less frequently than every 5 years thereafter, the President shall update the Strategy.
						(j)Annual biodefense expenditures report
 (1)In generalNot later than 30 days after the date on which the President submits a budget to Congress under section 1105 of title 31, United States Code, the President shall submit to the appropriate congressional committees a report detailing the total amount of expenditures on biodefense activities by all Federal departments and agencies and how the expenditures relate to the goals and priorities required under subsection (e)(1)(B).
 (2)RequirementThe first report submitted under paragraph (1) shall provide historical context by detailing the total amount of expenditures on biodefense for the 3 preceding fiscal years, in addition to the fiscal year requirements for the fiscal year covered by the report.
 (k)Classified annexTo the fullest extent possible, any reports required to be made publicly available under this section shall be unclassified, but may include classified annexes that shall be submitted concurrently to the congressional homeland security committees..
 (b)Table of contentsThe table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by inserting after the item relating to section 525 526 the following:
				Sec. 526
							527. National Biodefense Strategy..Amend the title so as to read: A bill to amend the Homeland Security Act of 2002 to require the President to execute a national
			 biodefense strategy, and for other purposes. .August 30, 2016Reported with amendments and an amendment to the title


		II

		109th CONGRESS

		1st Session

		S. 1647

		IN THE SENATE OF THE UNITED

		  STATES

			September 8, 2005

			Mr. Feingold (for

			 himself, Ms. Landrieu,

			 Mr. Leahy, Mr.

			 Durbin, Mr. Lieberman,

			 Mr. Kennedy, Mr. Bayh, Mrs.

			 Clinton, Ms. Cantwell,

			 Mr. Akaka, Mr.

			 Obama, Mr. Harkin,

			 Mrs. Boxer, Mr.

			 Salazar, Mr. Corzine, and

			 Mrs. Feinstein) introduced the following

			 bill; which was read twice and referred to the

			 Committee on the

			 Judiciary

		A BILL

		To amend title 11, United States Code, to

		  provide relief to victims of Hurricane Katrina and other natural

		  disasters.

		1.Short titleThis Act may be cited as the

			 Hurricane Katrina Bankruptcy Relief

			 and Community Protection Act of 2005.

		2.Bankruptcy Relief for

			 Victims of Hurricane Katrina

			(a)In

			 generalNotwithstanding any

			 other provision of law, the provisions of title 11, United States Code, as in

			 effect on August 29, 2005, shall apply to any case described in subsection

			 (b).

			(b)EligibilityA case described in this subsection is a

			 case commenced during the 12-month period beginning on the effective date of

			 the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, under

			 title 11, United States Code (other than under chapter 12 of that title 11), by

			 or on behalf of a debtor—

				(1)who resides, or who resided on August 29,

			 2005, in any area that is subject to a declaration by the President of a major

			 disaster, as defined under section 102 of the Robert T. Stafford Disaster

			 Relief and Emergency Assistance Act (42 U.S.C. 5122) in connection with

			 Hurricane Katrina; and

				(2)whose financial condition is materially

			 adversely affected by the major disaster.

				3.Definitions; who may

			 be a debtor

			(a)Current monthly

			 incomeSection 101(10A)(B) of

			 title 11, United States Code, is amended—

				(1)by striking and payments and

			 inserting payments; and

				(2)by inserting before the period at the end

			 , and payments to victims of a natural disaster, on account of their

			 status as victims of a natural disaster.

				(b)Natural disaster;

			 natural disaster zoneSection

			 101 of title 11, United States Code, is amended—

				(1)by redesignating paragraphs (40A) and (40B)

			 as paragraphs (40C) and (40D), respectively; and

				(2)by inserting after paragraph (40) the

			 following:

						(40A)The term natural disaster

				means—

							(A)a major disaster, as defined in section 102

				of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42

				U.S.C. 5122); or

							(B)a situation similar to such a major

				disaster (as so defined), with respect to which a determination is made in

				accordance with State law that such situation exists.

							(40B)The term natural disaster

				zone means the geographical area included in the determination of a

				natural

				disaster.

						.

				(c)Victim of

			 natural disasterSection 101

			 of title 11, United States Code, is amended by adding at the end the

			 following:

					(56)The term victim of a natural

				disaster means a person—

						(A)whose financial condition is materially

				adversely affected by a natural disaster; and

						(B)whose domicile, residence, or principal

				place of business in the United States, or whose principal assets in the United

				States, were located in a natural disaster zone immediately preceding the event

				that caused the natural

				disaster.

						.

			(d)Who may be a

			 debtorSection 109(h)(4) of

			 title 11, United States Code, is amended by inserting natural

			 disaster, after disability,.

			4.Amendments to chapter

			 3Section 362(b)(22) of title

			 11, United States Code, is amended by inserting (excluding a debtor who

			 is a victim of a natural disaster) after debtor the

			 first place that term appears.

		5.Amendments to chapter

			 5Section 521 of title 11,

			 United States Code, is amended by adding at the end the following:

				(k)The Court may extend any time period

				specified in this section as may be necessary if—

					(1)the debtor is a victim of a natural

				disaster; and

					(2)the debtor’s status as a victim of a

				natural disaster necessitates such extension of

				time.

					.

		6.Amendments to chapter

			 7

			(a)Debtor’s monthly

			 expensesSection

			 707(b)(2)(A)(ii) of title 11, United States Code, is amended by adding at the

			 end the following:

					(IV)In addition, the debtor’s monthly expenses

				may include the actual reasonably necessary expenses incurred as a result of

				being a victim of a natural

				disaster.

					.

			(b)Limitation on

			 conversion of caseSection

			 707(b)(2) of title 11, United States Code, is amended by adding at the end the

			 following:

					(E)Subparagraphs (A), (B), and (C) shall not

				apply, and the court may not dismiss or convert a case under this subsection,

				if the debtor is a victim of a natural

				disaster.

					.

			7.Amendments to chapter

			 11

			(a)Conversion of

			 caseSection 1112(b) of title

			 11, United States Code, is amended—

				(1)in paragraph (2)(B)(i), by inserting

			 , including a natural disaster before the semicolon; and

				(2)in paragraph (3), by inserting

			 (including a natural disaster) after

			 circumstances.

				(b)Who may file a

			 planSection 1121(e)(3) of

			 title 11, United States Code, is amended—

				(1)in subparagraph (A), by inserting

			 (i) after (A);

				(2)in subparagraph (C), by striking the period

			 at the end and inserting ; or;

				(3)by redesignating subparagraphs (B) and (C)

			 as clauses (ii) and (iii), respectively; and

				(4)by adding at the end the following:

						(B)the debtor is unable to meet the deadline

				because of a natural

				disaster.

						.

				(c)Extension of

			 time for small businessesChapter 11 of title 11, United States Code,

			 is amended—

				(1)in the table of sections, by adding at the

			 end the following:

							§ 1117. Extension of time for

				small

				businesses

						;

					and(2)in subchapter I, by adding at the end the

			 following:

						1117.Extension of time

				for small businessesNotwithstanding any other provision of this

				title, in a small business case, the court may extend any deadline specified in

				this chapter if the court finds that such extension is—

							(1)necessary to protect the best interests of

				the creditors and the estate; or

							(2)warranted by a natural

				disaster.

							.

				8.Amendments to chapter

			 13

			(a)Conversion or

			 dismissalSection 1307(e) of

			 title 11, United States Code, is amended by adding at the end the

			 following:

					The Court

				may extend any time period specified in this subsection as may be necessary

				if—(1)the debtor is a victim of a natural

				disaster; and

					(2)the debtor’s status as a victim of a

				natural disaster necessitates such extension of

				time.

					.

			(b)Filing of

			 prepetition tax returnsSection 1308 of title 11, United States

			 Code, is amended by adding at the end the following:

					(d)The Court may extend any time period

				specified in this subsection as may be necessary if—

						(1)the debtor is a victim of a natural

				disaster; and

						(2)the debtor’s status as a victim of a

				natural disaster necessitates such extension of

				time.

						.

			9.Amendments to title

			 28, United States CodeSection

			 1408 of title 28, United States Code, is amended—

			(1)by inserting (a) before

			 Except, and

			(2)by adding at the end the following:

					(b)If a case under title 11 cannot be

				commenced in a district court described in subsection (a) because a person is

				the victim of a natural disaster (as defined in section 101 of title 11), then

				a case under title 11 may be commenced by such person in the district court for

				the district in which such person

				resides.

					.

			10. Effective date;

			 application of amendments

			(a)Effective

			 dateThis Act and the

			 amendments made by this Act shall take effect on October 18, 2005.

			(b)Application of

			 amendmentsThe amendments

			 made by this Act shall apply only with respect to cases commenced under title

			 11 of the United States Code on and after October 17, 2005.


110 HR 5788 RH: Halting Airplane Noise to Give Us Peace Act of 2008
U.S. House of Representatives
2008-09-28
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.

IB
Union Calendar No. 580
110th CONGRESS 2d Session
H. R. 5788
[Report No. 110–900]
IN THE HOUSE OF REPRESENTATIVES

April 15, 2008
Mr. DeFazio (for himself, Mr. Costello, Mr. Petri, Mr. Duncan, Mr. Oberstar, Mr. Lipinski, Mr. Filner, Mr. Cohen, Mr. Boozman, Mr. Capuano, and Mr. George Miller of California) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

September 28, 2008
Additional sponsors: Ms. Matsui, Ms. Hirono, Mrs. Myrick, Mr. Blumenauer, Mr. Baird, Mr. Udall of Colorado, Mr. Wamp, Ms. DeGette, Mrs. Tauscher, Mr. Farr, Ms. McCollum of Minnesota, Mr. Hinojosa, Mr. Hill, and Mr. Rothman

September 28, 2008
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic

A BILL
To amend title 49, United States Code, to establish prohibitions against voice communications using a mobile communications device on commercial airline flights, and for other purposes.

1.Short titleThis Act may be cited as the Halting Airplane Noise to Give Us Peace Act of 2008.
2.Prohibitions against voice communications using mobile communications devices on scheduled flights
(a)In generalSubchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following:

41724.Prohibitions against voice communications using mobile communications devices on scheduled flights
(a)Interstate and intrastate air transportation
(1)In generalAn individual may not engage in voice communications using a mobile communications device in an aircraft during a flight in scheduled passenger interstate air transportation or scheduled passenger intrastate air transportation.
(2)Flight crew and flight attendantsThe prohibition described in paragraph (1) shall not apply to a member of the flight crew or flight attendants on an aircraft.
(b)Foreign air transportation
(1)In generalThe Secretary of Transportation shall require all air carriers and foreign air carriers to adopt the prohibition described in subsection (a) with respect to the operation of an aircraft in scheduled passenger foreign air transportation.
(2)Alternate prohibitionIf a foreign government objects to the application of paragraph (1) on the basis that paragraph (1) provides for an extraterritorial application of the laws of the United States, the Secretary shall waive the application of paragraph (1) to a foreign air carrier licensed by that foreign government at such time as an alternative prohibition on voice communications using a mobile communications device during flight is negotiated by the Secretary with such foreign government through bilateral negotiations.
(c)DefinitionsIn this section, the following definitions apply:
(1)FlightThe term flight means the period beginning when an aircraft takes off and ending when an aircraft lands.
(2)Voice communications using a mobile communications device
(A)InclusionsThe term voice communications using a mobile communications device includes voice communications using—
(i)a commercial mobile radio service or other wireless communications device;
(ii)a broadband wireless device or other wireless device that transmits data packets using the Internet Protocol or comparable technical standard; or
(iii)a device having voice override capability.
(B)ExclusionSuch term does not include voice communications using a phone installed on an aircraft.
(d)Safety regulationsThis section shall not be construed to affect the authority of the Secretary to impose limitations on voice communications using a mobile communications device for safety reasons.
(e)RegulationsThe Secretary shall prescribe such regulations as are necessary to carry out this section. .
(b)Clerical amendmentThe analysis for such subchapter is amended by adding at the end the following:

Sec. 41724. Prohibitions against voice communications using mobile communications devices on scheduled flights.  .

1.Short titleThis Act may be cited as the Halting Airplane Noise to Give Us Peace Act of 2008.
2.Prohibitions against voice communications using mobile communications devices on scheduled flights
(a)In generalSubchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following:

41724.Prohibitions against voice communications using mobile communications devices on scheduled flights
(a)Interstate and intrastate air transportation
(1)In generalAn individual may not engage in voice communications using a mobile communications device in an aircraft during a flight in scheduled passenger interstate air transportation or scheduled passenger intrastate air transportation.
(2)ExceptionsThe prohibition described in paragraph (1) shall not apply to—
(A)a member of the flight crew or flight attendants on an aircraft; or
(B)a Federal law enforcement officer acting in an official capacity.
(b)Foreign air transportation
(1)In generalThe Secretary of Transportation shall require all air carriers and foreign air carriers to adopt the prohibition described in subsection (a) with respect to the operation of an aircraft in scheduled passenger foreign air transportation.
(2)Alternate prohibitionIf a foreign government objects to the application of paragraph (1) on the basis that paragraph (1) provides for an extraterritorial application of the laws of the United States, the Secretary may waive the application of paragraph (1) to a foreign air carrier licensed by that foreign government until such time as an alternative prohibition on voice communications using a mobile communications device during flight is negotiated by the Secretary with such foreign government through bilateral negotiations.
(c)DefinitionsIn this section, the following definitions apply:
(1)FlightThe term flight means the period beginning when an aircraft takes off and ending when an aircraft lands.
(2)Voice communications using a mobile communications device
(A)InclusionsThe term voice communications using a mobile communications device includes voice communications using—
(i)a commercial mobile radio service or other wireless communications device;
(ii)a broadband wireless device or other wireless device that transmits data packets using the Internet Protocol or comparable technical standard; or
(iii)a device having voice override capability.
(B)ExclusionSuch term does not include voice communications using a phone installed on an aircraft.
(d)Safety regulationsThis section shall not be construed to affect the authority of the Secretary to impose limitations on voice communications using a mobile communications device for safety reasons.
(e)RegulationsThe Secretary shall prescribe such regulations as are necessary to carry out this section..
(b)Clerical amendmentThe analysis for such subchapter is amended by adding at the end the following:

41724. Prohibitions against voice communications using mobile communications devices on scheduled flights..

September 28, 2008
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed


		I
		112th CONGRESS
		2d Session
		H. R. 4092
		IN THE HOUSE OF REPRESENTATIVES

			February 27, 2012
			Mr. Gibson introduced
			 the following bill; which was referred to the
			 Committee on Armed
			 Services, and in addition to the Committee on
			 Foreign Affairs, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend the National Defense Authorization Act for
		  Fiscal Year 2012 to provide clarification of the relationship of certain
		  constitutional rights to provisions of law relating to the military detention
		  of certain covered person.

		1.Clarification of relationship
			 of constitutional rights to provisions of law relating to the military
			 detention of certain covered personsThe National Defense Authorization Act for
			 Fiscal Year 2012 (Public Law 112–81) is amended—
			(1)in section 1021,
			 by adding at the end the following new subsection:

					(g)Preservation of
				constitutional rightsNotwithstanding any other provision of this
				section, the writ of habeas corpus shall remain available to any individual
				detained within the United States and no American citizen or lawful resident
				may be detained without all the rights of due process to include, but not
				limited to—
						(1)the right to a
				speedy and public trial by an impartial jury;
						(2)the right to be
				informed of the nature of the accusation;
						(3)the right to be
				confronted with the witnesses against them;
						(4)the right to have
				compulsory process for obtaining witnesses in their favor;
						(5)the right to have
				the assistance of legal counsel; and
						(6)all other rights
				afforded to them by the Constitution of the United
				States.
						;
				and
			(2)in section 1022,
			 by adding at the end the following new subsection:

					(f)Preservation of
				constitutional rightsNotwithstanding any other provision of this
				section, the writ of habeas corpus shall remain available to any individual
				detained within the United States and no American citizen or lawful resident
				may be detained without all the rights of due process to include, but not
				limited to—
						(1)the right to a
				speedy and public trial by an impartial jury;
						(2)the right to be
				informed of the nature of the accusation;
						(3)the right to be
				confronted with the witnesses against them;
						(4)the right to have
				compulsory process for obtaining witnesses in their favor;
						(5)the right to have
				the assistance of legal counsel; and
						(6)all other rights
				afforded to them by the Constitution of the United
				States.
						.


117 SRES 317 ATS: Congratulating the Milwaukee Bucks, and the fans of the Milwaukee Bucks around the world, on winning the 2021 National Basketball Association championship.
U.S. Senate
2021-07-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

III117th CONGRESS1st SessionS. RES. 317IN THE SENATE OF THE UNITED STATESJuly 22, 2021Ms. Baldwin (for herself and Mr. Johnson) submitted the following resolution; which was referred to the Committee on Commerce, Science, and TransportationJuly 27, 2021Committee discharged; considered and agreed toRESOLUTIONCongratulating the Milwaukee Bucks, and the fans of the Milwaukee Bucks around the world, on winning the 2021 National Basketball Association championship.Whereas, on Tuesday, July 20, 2021, the Milwaukee Bucks (referred to in this preamble as the Bucks) won the 2021 National Basketball Association (referred to in this preamble as the NBA) championship by defeating the Phoenix Suns in Game 6 of the NBA Finals by a score of 105 to 98, winning the series 4 games to 2;Whereas the Bucks won—(1)the second NBA championship in the history of the franchise;(2)their first round of the NBA playoffs by defeating the Miami Heat 4 games to 0;(3)their Eastern Conference semi-finals match-up against the Brooklyn Nets 4 games to 3; and(4)the Eastern Conference Finals by defeating the Atlanta Hawks 4 games to 2;Whereas every member of the 2020–2021 Bucks played a key role in the quest for a championship, including—(1)Giannis Antetokounmpo;(2)Thanasis Antetokounmpo;(3)Elijah Bryant;(4)Pat Connaughton;(5)Mamadi Diakite;(6)Donte DiVincenzo;(7)Bryn Forbes;(8)Jrue Holiday;(9)Justin Jackson;(10)Brook Lopez;(11)Sam Merrill;(12)Khris Middleton;(13)Jordan Nwora;(14)Bobby Portis;(15)Jeff Teague;(16)Axel Toupane; and(17)P.J. Tucker;Whereas the entire Bucks organization deserves congratulations for this historic achievement, including—(1)the owners of the Bucks, Marc Lasry, Wes Edens, Jamie Dinan, and Michael Fascitelli; (2)the General Manager of the Bucks, Jon Horst; and (3)the head coach of the Bucks, Mike Budenholzer;Whereas Giannis Antetokounmpo, for the first time, was named the Most Valuable Player of the NBA Finals, in which he—(1)averaged 35.2 points, 13.2 rebounds, 5 assists, and 1.8 blocks per game; and (2)shot 61.8 percent from the field per game;Whereas, in the championship-clinching Game 6 of the NBA Finals, Giannis Antetokounmpo—(1)scored 50 points, shooting 64 percent from the field and making 17 of 19 free throws;(2)had 14 rebounds; and (3)blocked 5 shots;Whereas Bucks forward Khris Middleton, the first NBA player to begin his career in the Development League and subsequently become an NBA All-Star, which Middleton became in the 2018–2019 season, had an impactful performance throughout the NBA Finals, including a crucial mid-range shot with 1 minute remaining in Game 6;Whereas the Bucks won their first NBA championship in 50 years, when NBA legends Kareem Abdul-Jabbar and Oscar Robertson brought a title to Milwaukee in 1971;Whereas the Bucks, who won the 2021 NBA championship in 6 games, fulfilled the prophecy of Bucks legend Brandon Jennings, who, in 2013, began the Bucks in 6 rallying cry; andWhereas the fans in the Deer District showed up, game after game, to cheer on the Bucks in large numbers outside Fiserv Forum: Now, therefore, be itThat the Senate—(1)congratulates the Milwaukee Bucks (referred to in this resolution as the Bucks), and the loyal fans of the Bucks, on winning the 2021 National Basketball Association championship;(2)recognizes the historic achievement of the entire Bucks organization, including the players, coaches, and staff, for a victorious season; and(3)respectfully requests that the Secretary of the Senate transmit an enrolled copy of this resolution to—(A)the head coach of the Bucks, Mike Budenholzer;(B)the owners of the Bucks, Marc Lasry, Wes Edens, Jamie Dinan, and Michael Fascitelli; and(C)the General Manager of the Bucks, Jon Horst.


116 S2885 IS: Stop Marketing And Revealing The Wearables And Trackers Consumer Health Data Act
U.S. Senate
2019-11-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 2885IN THE SENATE OF THE UNITED STATESNovember 18, 2019Mr. Cassidy (for himself and Ms. Rosen) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo prohibit the transfer or sale of certain consumer health information, and for other purposes.

 1.Short titleThis Act may be cited as the Stop Marketing And Revealing The Wearables And Trackers Consumer Health Data Act or the SMARTWATCH Data Act.
 2.DefinitionsIn this Act: (1)AggregatedThe term aggregated, with respect to consumer health information—
 (A)means the removal of individual consumer identities, so that the information is not linked or reasonably linkable to any consumer, including a personal consumer device; and
 (B)does not include one or more individual consumer records that have not been deidentified. (2)Biometric informationThe term biometric information—
 (A)means the physiological, biological, or behavioral characteristics of an individual, and the recorded, copied, captured, converted, stored derivatives of any such characteristics, that can be used, singly or in combination with each other or with other identifying data, to establish the identity of an individual; and
 (B)includes deoxyribonucleic acid, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted.
 (3)Business associate; covered entity; protected health informationThe terms business associate, covered entity, and protected health information have the meanings given such terms in section 160.103 of title 45, Code of Federal Regulations (or any successor regulations).
 (4)Commercial purposesThe term commercial purposes— (A)means an action intended—
 (i)to advance the commercial or economic interests of a person, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services; or
 (ii)to enable or affect, directly or indirectly, a commercial transaction; and (B)does not include engaging in speech that State or Federal courts have recognized as noncommercial speech, including political speech and journalism.
 (5)Consumer deviceThe term consumer device— (A)means a commercially produced piece of equipment, application software, or mechanism that has the primary function or capability to collect, store, or transmit consumer health information; and
 (B)may include a device, as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).
 (6)Consumer health informationThe term consumer health information means any information about the health status, personal biometric information, or personal kinesthetic information about a specific individual that is created or collected by a personal consumer device, whether detected from sensors or input manually.
 (7)DeidentifiedThe term deidentified means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, computer, or other device.
 (8)Information brokerThe term information broker means any entity that collects consumers’ personal information and resells or shares that information with another person.
 (9)Kinesthetic informationThe term kinesthetic information means keystroke patterns or rhythms, gait patterns or rhythms, sleep information, and other data that relates to the personal health of an individual.
			3.Prohibitions
 (a)In generalSubject to subsection (b), no entity that collects consumer health information may— (1)transfer, sell, share, or allow access to any consumer health information (unless aggregated or anonymized) or any other individually identifiable consumer health information collected, recorded, or derived from personal consumer devices to any domestic information broker or other domestic entity if—
 (A)the primary business function of such domestic information broker or other domestic entity is collecting or analyzing consumer information for profit; or
 (B)the purpose for transferring, selling, sharing, or allowing access to such information is to otherwise add value to the entity that collects consumer health information, for commercial purposes; or
 (2)transfer, sell, or allow access to any consumer health information collected, stored, recorded, or derived from personal consumer devices to any information broker or any entity outside of the jurisdiction of the United States.
				(b)Exceptions
 (1)In generalSubject to paragraph (3), the prohibition under subsection (a)(1) shall not apply if— (A)the entity obtains the informed consent of the consumer;
 (B)the information is provided to a covered entity, as defined in section 160.103 of title 45, Code of Federal Regulations (or any successor regulations);
 (C)such information is provided to a government organization or agency, including law enforcement or regulators, to comply with applicable laws, regulations, or rules, or requests of law enforcement, regulatory, or other governmental agencies or in response to a legal process in connection with a subpoena, warrant, discovery order, or other request or order from a law enforcement agency;
 (D)such information is provided to the entity's affiliates or other trusted businesses or persons to process the information as part of the entity's external processing procedures, based on the entity's instructions and in compliance with privacy protections and any other appropriate confidentiality and security measures;
 (E)such information is provided in connection with a substantial corporate transaction of the entity, such as the transfer of ownership, a merger, consolidation, asset sale, or bankruptcy or insolvency; or
 (F)such information is provided to academic, medical, research institutions, or other nonprofit organizations acting in the public interest for the purpose of detecting or responding to security incidents; preventing fraud; conducting scientific, historical, or statistical research; or preserving the security and safety of people or property.
 (2)Transfers to foreign entitiesSubject to paragraph (3), the prohibition under subsection (a)(2) shall not apply if— (A)the transfer is made only for limited and specific purposes consistent with the consent provided by the individual and with assurances that the recipient will notify the entity providing the data if such recipient makes a determination that it can no longer use the data consistent with such consent;
 (B)the entity transferring the information determines that the recipient of the information will provide the same level of privacy protection as is required by the entity transferring the information;
 (C)the entity transferring the information takes reasonable and appropriate steps to ensure that the third party effectively processes the personal information transferred in a manner consistent with the third party’s obligations under the second party’s privacy principles; and
 (D)the entity transferring the information agrees to take reasonable steps to stop and remediate unauthorized processing of information by the entity to whom such information is transferred.
 (3)LimitationNone of the exceptions under paragraphs (1) and (2) shall supersede any contrary rule promulgated by the Federal Trade Commission that is in effect on the date of enactment of this Act.
 (c)Treatment of consumer health information as protected health informationIf a covered entity or business associate, acting in its capacity as a business associate, receives consumer health information generated by a personal consumer device at any time for any reason, such consumer health information is considered protected health information and is subject to the same protections and restrictions under parts 162 and 164 of title 45, Code of Federal Regulations (or any successor regulations), as any other protected health information.
 4.EnforcementThe Secretary of Health and Human Services shall enforce the requirements of section 3 against an entity that collects or receives consumer health information in the same manner and to the same extent, as such secretary enforces the privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 110 Stat. 2033) against a covered entity.


		II
		111th CONGRESS
		1st Session
		S. 2657
		IN THE SENATE OF THE UNITED STATES

			November 2, 2009
			Mr. Bunning introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend temporarily the suspension of duty on strontium
		  halophosphate doped with europium.

		1.Strontium halophosphate doped
			 with europium
			(a)In
			 generalHeading 9902.22.73 of the Harmonized Tariff Schedule of
			 the United States (relating to strontium halophosphate doped with europium) is
			 amended by striking the date in the effective column period and inserting
			 12/31/2011.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


		IIA
		Calendar No. 16
		111th CONGRESS
		1st Session
		S. J. RES. 5
		IN THE SENATE OF THE UNITED STATES

			January 13, 2009
			Mr. Vitter (for himself,
			 Mr. DeMint, Mr.
			 Inhofe, Mr. Barrasso,
			 Mr. Sessions, Mr. Enzi, and Mr.
			 Brownback) introduced the following joint resolution; which was
			 read twice and placed on calendar pursuant to P.L. 110–343, Sec.
			 115(e)(2)

		JOINT RESOLUTION
		Relating to the disapproval of obligations
		  under the Emergency Economic Stabilization Act of 2008.

		That Congress disapproves the obligation of
			 any amount exceeding the amounts obligated as described in paragraphs (1) and
			 (2) of section 115(a) of the Emergency Economic Stabilization Act of
			 2008.

		January 13, 2009
		Read twice and placed on calendar pursuant to P.L. 110–343,
		  Sec. 115(e)(2)


110 HRES 359 IH: Expressing the sense of the House of

U.S. House of Representatives
2007-05-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		110th CONGRESS
		1st Session
		H. RES. 359
		IN THE HOUSE OF REPRESENTATIVES

			May 1, 2007
			Mr. Rangel submitted
			 the following resolution; which was referred to the
			 Committee on Oversight and Government
			 Reform

		RESOLUTION
		Expressing the sense of the House of
		  Representatives that Sugar Ray Robinson should be recognized for his athletic
		  achievements and commitment to young people.

		Whereas Sugar Ray Robinson was born in Detroit, Michigan,
			 on May 3, 1920;
		Whereas, in 1932, Robinson moved to New York City where he
			 started boxing as an amateur, going undefeated in 89 bouts, and winning the
			 Golden Gloves featherweight title in 1939;
		Whereas, in 1940, he began boxing professionally and
			 fought at New York City’s Madison Square Garden for the first time;
		Whereas, in 1946, he won his first world title as a
			 welterweight, and then held the middleweight title for 5 years between 1951 and
			 1960;
		Whereas after retiring for a time he returned to box a
			 series of exciting matches before permanently retiring on December 10,
			 1965;
		Whereas in a career spanning 25 years, he won 175 of 202
			 bouts with 109 knockouts;
		Whereas Robinson’s grace, speed, power, and mastery of the
			 ring earned him international acclaim as one of the greatest fighters in boxing
			 history;
		Whereas Sugar Ray Robinson was elected into the Boxing
			 Hall of Fame in 1967;
		Whereas, in 1969, he established the Sugar Ray Robinson
			 Youth Foundation; and
		Whereas Sugar Ray Robinson died in Culver City,
			 California, on April 12, 1989, at the age of 68: Now, therefore, be it

		That it is the sense of the House of
			 Representatives that Sugar Ray Robinson should be recognized as one of
			 history’s greatest professional boxers, whose dedication to boxing and
			 commitment to young people have earned him a permanent place in sports
			 history.


110 HR 4163 IH: Zero Tolerance School Terror Act
U.S. House of Representatives
2007-11-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS
1st Session
H. R. 4163
IN THE HOUSE OF REPRESENTATIVES

November 13, 2007
Mrs. Lowey introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To provide an enhanced penalty for threatening to kill, injure, or intimidate an individual, or to cause property damage, by means of fire or an explosive on school property.

1.Short titleThis Act may be cited as the Zero Tolerance School Terror Act.
2.Enhanced penalty for threatening to kill, injure, or intimidate an individual, or to cause property damage, by means of fire or an explosive on school propertySection 844(e) of title 18, United States Code, is amended by adding at the end the following: If the threat or conveying of false information referred to in the preceding sentence concerns conduct on the grounds of a school which provides elementary or secondary education (as determined under State law), the maximum term of imprisonment under this subsection shall be 20 years..


		III
		110th CONGRESS
		1st Session
		S. RES. 179
		IN THE SENATE OF THE UNITED
		  STATES

			May 1, 2007
			Mr. Bond submitted the
			 following resolution; which was referred to the
			 Committee on Foreign
			 Relations

		RESOLUTION
		Welcoming the Prime Minister of Singapore
		  on the occasion of his visit to the United States and the 40th anniversary of
		  the Association of Southeast Asian Nations (ASEAN), expressing gratitude to the
		  Government of Singapore for its strong cooperation with the United States in
		  the campaign against terrorism, and reaffirming the commitment of the United
		  States to the continued expansion of friendship and cooperation between the
		  United States and Singapore.

		Whereas
			 Singapore is a great friend of the United States;
		Whereas
			 the United States and Singapore share a common vision of promoting peace,
			 stability, security, and prosperity in the Asia-Pacific region;
		Whereas
			 Singapore was a founding member of the Association of Southeast Asian Nations
			 (ASEAN);
		Whereas
			 Singapore is a member of the Proliferation Security Initiative, an initiative
			 launched by the United States in 2003 to respond to the challenges posed by the
			 proliferation of weapons of mass destruction, and a committed partner of the
			 United States in preventing the spread of weapons of mass destruction;
		Whereas
			 Singapore is a leader in the Radiation Detection Initiative, an effort by the
			 United States to develop technology to safeguard maritime security by detecting
			 trafficking of nuclear and radioactive material;
		Whereas, in July 2005, Singapore became a
			 partner of the United States in the Strategic Framework Agreement for Closer
			 Cooperation in Defense and Security, an agreement which will build upon the
			 already strong military relations between the United States and Singapore and
			 expand the scope of defense and security cooperation between the 2
			 countries;
		Whereas
			 Singapore selected the F–15SG Fighter, built in the United States, for use by
			 the Air Force of Singapore, which will greatly enhance the interoperability of
			 the Air Forces of Singapore and the United States;
		Whereas
			 Singapore responded quickly to provide generous humanitarian relief and
			 financial assistance to the people affected by the tragic tsunami that struck
			 Southeast Asia in December 2004;
		Whereas
			 Singapore responded quickly to provide logistical support and assistance to the
			 relief efforts in the United States after Hurricane Katrina;
		Whereas
			 Singapore has joined the United States in the global struggle against
			 terrorism, providing intelligence and offering political and diplomatic
			 support;
		Whereas
			 Singapore is the 15th largest trading partner of the United States and the
			 first free trade partner of the United States in the Asia-Pacific region, and
			 the United States is the second largest trading partner of Singapore;
		Whereas
			 the relationship between the United States and Singapore extends beyond the
			 current campaign against terrorism and is reinforced by strong ties of culture,
			 commerce, and scientific and technical cooperation; and
		Whereas
			 the relationship between the United States and Singapore encompasses almost
			 every field of international cooperation, including a common commitment to
			 fostering a stronger and more open international trading system: Now,
			 therefore, be it

		That the Senate—
			(1)welcomes the Prime Minister of Singapore,
			 His Excellency Lee Hsien Loong, to the United States;
			(2)congratulates the Association of Southeast
			 Asian Nations (ASEAN), and Singapore as one of its founding members, on the
			 40th anniversary of ASEAN;
			(3)expresses profound gratitude to the
			 Government of Singapore for promoting security and prosperity in Southeast Asia
			 and cooperating with the United States in the global campaign against
			 terrorism; and
			(4)reaffirms the commitment of the United
			 States to continue strengthening the friendship and cooperation between the
			 United States, Singapore, and the other countries of the ASEAN region.


117 HR 2150 IH: Rhode Island Fishermen’s Fairness Act of 2021
U.S. House of Representatives
2021-03-23
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. 2150IN THE HOUSE OF REPRESENTATIVESMarch 23, 2021Mr. Langevin (for himself and Mr. Cicilline) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo amend the Magnuson-Stevens Fishery Conservation and Management Act to add Rhode Island to the Mid-Atlantic Fishery Management Council.1.Short titleThis Act may be cited as the Rhode Island Fishermen’s Fairness Act of 2021.2.Addition of Rhode Island to the Mid-Atlantic Fishery Management CouncilSection 302(a)(1)(B) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1)(B)) is amended—(1)by inserting Rhode Island, after States of;(2)by inserting Rhode Island, after except North Carolina,;(3)by striking 21 and inserting 23; and(4)by striking 13 and inserting 14.


117 HR 2464 IH: More Help for Seniors Act of 2021
U.S. House of Representatives
2021-04-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 2464IN THE HOUSE OF REPRESENTATIVESApril 13, 2021Ms. Craig (for herself, Ms. Moore of Wisconsin, Mr. Morelle, and Mr. Veasey) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to expand eligibility for low-income subsidies under part D of the Medicare program.1.Short titleThis Act may be cited as the More Help for Seniors Act of 2021.2.Expanding eligibility for low-income subsidies under part D of the Medicare programSection 1860D–14(a) of the Social Security Act (42 U.S.C. 1395w–114(a)) is amended—(1)in the header, by striking individuals and all that follows through line and inserting certain individuals;(2)in paragraph (1)—(A)by striking the header and inserting Individuals with certain low incomes; and(B)in the matter preceding subparagraph (A), by inserting (or, with respect to a plan year beginning on or after January 1, 2023, 150 percent) after 135 percent;(3)in paragraph (2)—(A)by striking the header and inserting Other low-income individuals; and(B)in subparagraph (A)—(i)by inserting (or, with respect to a plan year beginning on or after January 1, 2023, 150 percent) after below 135 percent; and(ii)by inserting (or, with respect to a plan year beginning on or after January 1, 2023, 200 percent) after at 150 percent; and(4)in paragraph (3)(A)(ii), by inserting (or, with respect to a plan year beginning on or after January 1, 2023, 200 percent) after 150 percent.


		I
		112th CONGRESS
		2d Session
		H. R. 6141
		IN THE HOUSE OF REPRESENTATIVES

			July 18, 2012
			Mr. Schrader
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To provide for the addition of certain real property to
		  the reservation of the Siletz Tribe in the State of Oregon.

		1.Treatment of certain property
			 of the Siletz tribe of the State of OregonSection 7 of the Siletz Tribe Indian
			 Restoration Act (25 U.S.C. 711e) is amended by adding at the end the
			 following:

				(f)Treatment of
				certain property
					(1)In
				generalThe Secretary may accept title to any additional number
				of acres of real property located within the boundaries of the original 1855
				Siletz Coast Reservation established by Executive Order dated November 9, 1855,
				comprised of land within the political boundaries of Benton, Douglas, Lane,
				Lincoln, Tillamook, and Yamhill Counties in the State of Oregon, if that real
				property is conveyed or otherwise transferred to the United States by or on
				behalf of the tribe. Land to which title is accepted by the Secretary under
				this paragraph shall be held by the Secretary in trust for the tribe.
					(2)Treatment as
				part of reservationAll real property that is taken into trust
				under paragraph (1) shall—
						(A)be considered and
				evaluated as an on-reservation acquisition under part 151.10 of title 25, Code
				of Federal Regulations (or successor regulations); and
						(B)become part of the
				reservation of the tribe.
						(3)Prohibition on
				gamingAny real property taken into trust under paragraph (1)
				shall not be eligible, or used, for any gaming activity carried out under the
				Indian Gaming Regulatory Act (25 U.S.C.A. 2701 et
				seq.).
					.


117 S1963 IS: Reaching English Learners Act
U.S. Senate
2021-06-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1963IN THE SENATE OF THE UNITED STATESJune 8, 2021Ms. Cortez Masto (for herself and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Higher Education Act of 1965 to direct the Secretary of Education to award institutions of higher education grants for teaching English learners.1.Short titleThis Act may be cited as the Reaching English Learners Act.2.Teaching English learners grantPart B of title II of the Higher Education Act of 1965 (20 U.S.C. 1031 et seq.) is amended by adding at the end the following:6Teaching English learners grant259.Teaching English learners grant(a)Authorization of programThe Secretary shall award grants, on a competitive basis, to eligible partnerships to improve the preparation of teacher candidates to ensure that such teacher candidates possess the knowledge and skills necessary to effectively instruct English learners.(b)Duration of grantsA grant under this section shall be awarded for a period of not more than 5 years.(c)PreferenceIn awarding grants under this section, the Secretary shall give preference to eligible partnerships that recruit and enroll teacher candidates who are from underrepresented populations or former English learners.(d)Non-Federal shareAn eligible partnership that receives a grant under this section shall provide not less than 50 percent of the cost of the activities carried out with such grant from non-Federal sources, which may be provided in cash or in kind.(e)Uses of fundsAn eligible partnership that receives a grant under this section shall use the grant to—(1)develop, or strengthen, an undergraduate, postbaccalaureate, or master’s teacher preparation program that enables the graduate to meet the State’s licensure or certification requirements to teach English learners and incorporates evidence-based strategies for teaching English learners (including bilingual, immersion, and dual-language education) into the education curriculum and academic content;(2)provide teacher candidates participating in a program under paragraph (1) with skills related to—(A)helping English learners—(i)achieve at high levels in early childhood education programs, and elementary schools and secondary schools so such English learners can meet the challenging State academic standards that—(I)have been adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)) by the State of the school attended or to be attended by the English learners; and(II)apply to all public school students in the State; and(ii)attain English proficiency;(B)appropriately identifying and meeting the specific learning needs of children with disabilities who are English learners;(C)recognizing and addressing the social and emotional needs of English learners; and(D)promoting parental, family, and community engagement in educational programs that serve English learners; and(3)provide teacher candidates participating in the program with high-quality preservice clinical experience that includes, to the extent practicable—(A)clinical learning in classrooms that service English learners; and(B)mentoring by a teacher certified to teach English learners.(f)ApplicationAn eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include—(1)a self-assessment by the eligible partnership of the existing teacher preparation program at the institution of higher education and the needs related to preparing teacher candidates to instruct English learners in the manner described in subsection (e)(2);(2)a self-assessment by the eligible partnership of the personnel needs for teachers who instruct English learners at local, early childhood education programs, and elementary schools and secondary schools;(3)a description of the intended uses of such grant; and(4)a description of the plan to carry out the evaluation under subsection (g)(1).(g)Evaluations(1)Report from eligible partnershipsAn eligible partnership receiving a grant under this section shall submit to the Secretary the results of an evaluation conducted by the partnership at the end of the grant period to determine—(A)the effectiveness of teachers who completed a program under subsection (e)(1) with respect to instruction of English learners;(B)the systemic impact of the activities carried out by such grant on how such partnership prepares teachers to provide instruction in early childhood education programs, and elementary schools and secondary schools; and(C)the percentage of teacher candidates that meet the State certification and licensure requirements for teaching English learners.(2)Report from the SecretaryNot later than 180 days after the last day of the grant period under this section, the Secretary shall make available to the authorizing committees and the public—(A)the findings of the evaluations submitted under paragraph (1); and(B)information on best practices related to effective instruction of English learners.(h)Supplement, not supplantAn eligible partnership receiving a grant under this section may use the grant only to supplement funds made available from non-Federal sources to carry out the activities supported by such grant, and in no case to supplant such funds from non-Federal sources.(i)DefinitionsIn this section:(1)Child with a disabilityThe term child with a disability has the meaning given the term in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).(2)Eligible institution of higher educationThe term eligible institution of higher education means an institution of higher education that has a program of study that leads to an undergraduate degree, a master’s degree, or completion of a postbaccalaureate program required for teacher certification or licensure, including any requirements for certification obtained through alternative routes to certification.(3)Eligible partnershipThe term eligible partnership means an eligible institution of higher education in partnership with a high-need local educational agency or a high-need early childhood education program.(4)English learnerThe term English learner has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)..


		II
		Calendar No. 343
		111th CONGRESS
		2d Session
		S. 3194
		IN THE SENATE OF THE UNITED STATES

			April 12, 2010
			Mr. Reid introduced the
			 following bill; which was read the first time

			April 13, 2010
			Read the second time and placed on the
			 calendar

		A BILL
		To provide collective bargaining rights for public safety
		  officers employed by States or their political subdivisions.

		1.Short
			 titleThis Act may be cited as
			 the Public Safety Employer-Employee
			 Cooperation Act of 2009.
		2.Declaration of
			 purpose and policyThe
			 Congress declares that the following is the policy of the United States:
			(1)Labor-management relationships and
			 partnerships are based on trust, mutual respect, open communication, bilateral
			 consensual problem solving, and shared accountability. Labor-management
			 cooperation fully utilizes the strengths of both parties to best serve the
			 interests of the public, operating as a team, to carry out the public safety
			 mission in a quality work environment. In many public safety agencies, it is
			 the union that provides the institutional stability as elected leaders and
			 appointees come and go.
			(2)State and local
			 public safety officers play an essential role in the efforts of the United
			 States to detect, prevent, and respond to terrorist attacks, and to respond to
			 natural disasters, hazardous materials, and other mass casualty incidents.
			 State and local public safety officers, as first responders, are a component of
			 our Nation's National Incident Management System, developed by the Department
			 of Homeland Security to coordinate response to and recovery from terrorism,
			 major natural disasters, and other major emergencies. Public safety
			 employer-employee cooperation is essential in meeting these needs and is,
			 therefore, in the National interest.
			(3)The Federal
			 Government needs to encourage conciliation, mediation, and voluntary
			 arbitration to aid and encourage employers and the representatives of their
			 employees to reach and maintain agreements concerning rates of pay, hours, and
			 working conditions, and to make all reasonable efforts through negotiations to
			 settle their differences by mutual agreement reached through collective
			 bargaining or by such methods as may be provided for in any applicable
			 agreement for the settlement of disputes.
			(4)The absence of
			 adequate cooperation between public safety employers and employees has
			 implications for the security of employees and can affect interstate and
			 intrastate commerce. The lack of such labor-management cooperation can
			 detrimentally impact the upgrading of police and fire services of local
			 communities, the health and well-being of public safety officers, and the
			 morale of the fire and police departments. Additionally, these factors could
			 have significant commercial repercussions. Moreover, providing minimal
			 standards for collective bargaining negotiations in the public safety sector
			 can prevent industrial strife between labor and management that interferes with
			 the normal flow of commerce.
			(5)Many States and
			 localities already provide public safety officers with collective bargaining
			 rights comparable to or greater than the rights and responsibilities set forth
			 in this Act, and such State and local laws should be respected.
			3.DefinitionsIn this Act:
			(1)AuthorityThe
			 term Authority means the Federal Labor Relations Authority.
			(2)Confidential
			 employeeThe term confidential employee has the
			 meaning given such term under applicable State law on the date of enactment of
			 this Act. If no such State law is in effect, the term means an individual,
			 employed by a public safety employer, who—
				(A)is designated as
			 confidential; and
				(B)is an individual
			 who routinely assists, in a confidential capacity, supervisory employees and
			 management employees.
				(3)Emergency
			 medical services personnelThe term emergency medical
			 services personnel means an individual who provides out-of-hospital
			 emergency medical care, including an emergency medical technician, paramedic,
			 or first responder.
			(4)Employer;
			 public safety agencyThe terms employer and
			 public safety officer mean any State, or political subdivision of
			 a State, that employs public safety officers.
			(5)FirefighterThe
			 term firefighter has the meaning given the term employee
			 engaged in fire protection activities in section 3(y) of the Fair Labor
			 Standards Act of 1938 (29 U.S.C. 203(y)).
			(6)Labor
			 organizationThe term labor organization means an
			 organization composed in whole or in part of employees, in which employees
			 participate, and which represents such employees before public safety agencies
			 concerning grievances, conditions of employment, and related matters.
			(7)Law enforcement
			 officerThe term law enforcement officer has the
			 meaning given such term in section 1204 of the Omnibus Crime Control and Safe
			 Streets Act of 1968 (42 U.S.C. 3796b).
			(8)Management
			 employeeThe term management employee has the
			 meaning given such term under applicable State law in effect on the date of
			 enactment of this Act. If no such State law is in effect, the term means an
			 individual employed by a public safety employer in a position that requires or
			 authorizes the individual to formulate, determine, or influence the policies of
			 the employer.
			(9)PersonThe
			 term person means an individual or a labor organization.
			(10)Public safety
			 officerThe term public safety officer—
				(A)means an employee
			 of a public safety agency who is a law enforcement officer, a firefighter, or
			 an emergency medical services personnel;
				(B)includes an
			 individual who is temporarily transferred to a supervisory or management
			 position; and
				(C)does not include
			 a permanent supervisory, management, or confidential employee.
				(11)StateThe
			 term State means each of the several States of the United States,
			 the District of Columbia, and any territory or possession of the United
			 States.
			(12)Substantially
			 providesThe term substantially provides, when used
			 with respect to the rights and responsibilities described in section 4(b),
			 means compliance with each right and responsibility described in such
			 section.
			(13)Supervisory
			 employeeThe term supervisory employee has the
			 meaning given such term under applicable State law in effect on the date of
			 enactment of this Act. If no such State law is in effect, the term means an
			 individual, employed by a public safety employer, who—
				(A)has the authority
			 in the interest of the employer to hire, direct, assign, promote, reward,
			 transfer, furlough, lay off, recall, suspend, discipline, or remove public
			 safety officers, to adjust their grievances, or to effectively recommend such
			 action, if the exercise of the authority is not merely routine or clerical in
			 nature but requires the consistent exercise of independent judgment; and
				(B)devotes a
			 majority of time at work to exercising such authority.
				4.Determination of
			 rights and responsibilities
			(a)Determination
				(1)In
			 generalNot later than 180 days after the date of enactment of
			 this Act, the Authority shall make a determination as to whether a State
			 substantially provides for the rights and responsibilities described in
			 subsection (b).
				(2)Consideration of
			 additional opinionsIn making the determination described in
			 paragraph (1), the Authority shall consider the opinions of affected employers
			 and labor organizations. In the case where the Authority is notified by an
			 affected employer and labor organization that both parties agree that the law
			 applicable to such employer and labor organization substantially provides for
			 the rights and responsibilities described in subsection (b), the Authority
			 shall give such agreement weight to the maximum extent practicable in making
			 the Authority's determination under this subsection.
				(3)Limited
			 criteriaIn making the determination described in paragraph (1),
			 the Authority shall be limited to the application of the criteria described in
			 subsection (b) and shall not require any additional criteria.
				(4)Subsequent
			 determinations
					(A)In
			 generalA determination made pursuant to paragraph (1) shall
			 remain in effect unless and until the Authority issues a subsequent
			 determination, in accordance with the procedures set forth in subparagraph
			 (B).
					(B)Procedures for
			 subsequent determinationsUpon establishing that a material
			 change in State law or its interpretation has occurred, an employer or a labor
			 organization may submit a written request for a subsequent determination. If
			 satisfied that a material change in State law or its interpretation has
			 occurred, the Authority shall issue a subsequent determination not later than
			 30 days after receipt of such request.
					(5)Judicial
			 reviewAny person or employer aggrieved by a determination of the
			 Authority under this section may, during the 60-day period beginning on the
			 date on which the determination was made, petition any United States Court of
			 Appeals in the circuit in which the person or employer resides or transacts
			 business or in the District of Columbia circuit, for judicial review. In any
			 judicial review of a determination by the Authority, the procedures contained
			 in subsections (c) and (d) of section 7123 of title 5, United States Code,
			 shall be followed.
				(b)Rights and
			 responsibilitiesIn making a
			 determination described in subsection (a), the Authority shall consider a
			 State's law to substantially provide the required rights and responsibilities
			 unless such law fails to provide rights and responsibilities comparable to or
			 greater than the following:
				(1)Granting public
			 safety officers the right to form and join a labor organization, which may
			 exclude management employees, supervisory employees, and confidential
			 employees, that is, or seeks to be, recognized as the exclusive bargaining
			 representative of such employees.
				(2)Requiring public
			 safety employers to recognize the employees' labor organization (freely chosen
			 by a majority of the employees), to agree to bargain with the labor
			 organization, and to commit any agreements to writing in a contract or
			 memorandum of understanding.
				(3)Providing for the
			 right to bargain over hours, wages, and terms and conditions of
			 employment.
				(4)Making available
			 an interest impasse resolution mechanism, such as fact-finding, mediation,
			 arbitration, or comparable procedures.
				(5)Requiring
			 enforcement of all rights, responsibilities, and protections provided by State
			 law and enumerated in this section, and of any written contract or memorandum
			 of understanding between a labor organization and a public safety employer,
			 through—
					(A)a State
			 administrative agency, if the State so chooses; and
					(B)at the election
			 of an aggrieved party, the State courts.
					(c)Compliance With
			 requirementsIf the Authority determines, acting pursuant to its
			 authority under subsection (a), that a State substantially provides rights and
			 responsibilities described in subsection (b), then this Act shall not preempt
			 State law.
			(d)Failure To meet
			 Requirements
				(1)In
			 generalIf the Authority determines, acting pursuant to its
			 authority under subsection (a), that a State does not substantially provide for
			 the rights and responsibilities described in subsection (b), then such State
			 shall be subject to the regulations and procedures described in section 5
			 beginning on the later of—
					(A)the date that is
			 2 years after the date of enactment of this Act;
					(B)the date that is
			 the last day of the first regular session of the legislature of the State that
			 begins after the date of the enactment of this Act; or
					(C)in the case of a
			 State receiving a subsequent determination under subsection (a)(4), the date
			 that is the last day of the first regular session of the legislature of the
			 State that begins after the date the Authority made the determination.
					(2)Partial
			 failureIf the Authority makes a determination that a State does
			 not substantially provide for the rights and responsibilities described in
			 subsection (b) solely because the State law substantially provides for such
			 rights and responsibilities for certain categories of public safety officers
			 covered by the Act but not others, the Authority shall identify those
			 categories of public safety officers that shall be subject to the regulations
			 and procedures described in section 5, pursuant to section 8(b)(3) and
			 beginning on the appropriate date described in paragraph (1), and those
			 categories of public safety officers that shall remain subject to State
			 law.
				5.Role of Federal
			 Labor Relations Authority
			(a)In
			 generalNot later than 1 year after the date of enactment of this
			 Act, the Authority shall issue regulations in accordance with the rights and
			 responsibilities described in section 4(b) establishing collective bargaining
			 procedures for employers and public safety officers in States which the
			 Authority has determined, acting pursuant to section 4(a), do not substantially
			 provide for such rights and responsibilities.
			(b)Role of the
			 Federal Labor Relations AuthorityThe Authority, to the extent
			 provided in this Act and in accordance with regulations prescribed by the
			 Authority, shall—
				(1)determine the
			 appropriateness of units for labor organization representation;
				(2)supervise or
			 conduct elections to determine whether a labor organization has been selected
			 as an exclusive representative by a voting majority of the employees in an
			 appropriate unit;
				(3)resolve issues
			 relating to the duty to bargain in good faith;
				(4)conduct hearings
			 and resolve complaints of unfair labor practices;
				(5)resolve
			 exceptions to the awards of arbitrators;
				(6)protect the right
			 of each employee to form, join, or assist any labor organization, or to refrain
			 from any such activity, freely and without fear of penalty or reprisal, and
			 protect each employee in the exercise of such right; and
				(7)take such other
			 actions as are necessary and appropriate to effectively administer this Act,
			 including issuing subpoenas requiring the attendance and testimony of witnesses
			 and the production of documentary or other evidence from any place in the
			 United States, and administering oaths, taking or ordering the taking of
			 depositions, ordering responses to written interrogatories, and receiving and
			 examining witnesses.
				(c)Enforcement
				(1)Authority to
			 petition courtThe Authority may petition any United States Court
			 of Appeals with jurisdiction over the parties, or the United States Court of
			 Appeals for the District of Columbia Circuit, to enforce any final orders under
			 this section, and for appropriate temporary relief or a restraining order. Any
			 petition under this section shall be conducted in accordance with subsections
			 (c) and (d) of section 7123 of title 5, United States Code.
				(2)Private right
			 of actionUnless the Authority has filed a petition for
			 enforcement as provided in paragraph (1), any party has the right to file suit
			 in any appropriate district court of the United States to enforce compliance
			 with the regulations issued by the Authority pursuant to subsection (b), and to
			 enforce compliance with any order issued by the Authority pursuant to this
			 section. The right provided by this subsection to bring a suit to enforce
			 compliance with any order issued by the Authority pursuant to this section
			 shall terminate upon the filing of a petition seeking the same relief by the
			 Authority.
				6.Strikes and
			 lockouts prohibited
			(a)In
			 generalSubject to subsection
			 (b), an employer, public safety officer, or labor organization may not engage
			 in a lockout, sickout, work slowdown, strike, or any other organized job action
			 that will measurably disrupt the delivery of emergency services and is designed
			 to compel an employer, public safety officer, or labor organization to agree to
			 the terms of a proposed contract.
			(b)No
			 preemptionNothing in this section shall be construed to preempt
			 any law of any State or political subdivision of any State with respect to
			 strikes by public safety officers.
			7.Existing
			 collective bargaining units and agreementsA certification, recognition, election-held,
			 collective bargaining agreement or memorandum of understanding which has been
			 issued, approved, or ratified by any public employee relations board or
			 commission or by any State or political subdivision or its agents (management
			 officials) and is in effect on the day before the date of enactment of this Act
			 shall not be invalidated by the enactment of this Act.
		8.Construction and
			 compliance
			(a)ConstructionNothing
			 in this Act shall be construed—
				(1)to preempt or
			 limit the remedies, rights, and procedures of any law of any State or political
			 subdivision of any State that provides greater or comparable rights and
			 responsibilities than the rights and responsibilities described in section
			 4(b);
				(2)to prevent a State
			 from enforcing a right-to-work law that prohibits employers and labor
			 organizations from negotiating provisions in a labor agreement that require
			 union membership or payment of union fees as a condition of employment;
				(3)to preempt or
			 limit any State law in effect on the date of enactment of this Act that
			 provides for the rights and responsibilities described in section 4(b) solely
			 because such State law permits an employee to appear on the employee's own
			 behalf with respect to the employee's employment relations with the public
			 safety agency involved;
				(4)to preempt or
			 limit any State law in effect on the date of enactment of this Act that
			 provides for the rights and responsibilities described in section 4(b) solely
			 because such State law excludes from its coverage employees of a State militia
			 or national guard;
				(5)to permit parties
			 in States subject to the regulations and procedures described in section 5 to
			 negotiate provisions that would prohibit an employee from engaging in part-time
			 employment or volunteer activities during off-duty hours;
				(6)to prohibit a
			 State from exempting from coverage under this Act a political subdivision of
			 the State that has a population of less than 5,000 or that employs less than 25
			 full-time employees; or
				(7)to preempt or
			 limit the laws or ordinances of any State or political subdivision of a State
			 that provide for the rights and responsibilities described in section 4(b)
			 solely because such law or ordinance does not require bargaining with respect
			 to pension, retirement, or health benefits.
				For
			 purposes of paragraph (6), the term employee includes each and
			 every individual employed by the political subdivision except any individual
			 elected by popular vote or appointed to serve on a board or commission.(b)Compliance
				(1)Actions of
			 StatesNothing in this Act or the regulations promulgated under
			 this Act shall be construed to require a State to rescind or preempt the laws
			 or ordinances of any of the State's political subdivisions if such laws provide
			 rights and responsibilities for public safety officers that are comparable to
			 or greater than the rights and responsibilities described in section
			 4(b).
				(2)Actions of the
			 AuthorityNothing in this Act or the regulations promulgated
			 under this Act shall be construed to preempt—
					(A)the laws or
			 ordinances of any State or political subdivision of a State, if such laws
			 provide collective bargaining rights for public safety officers that are
			 comparable to or greater than the rights enumerated in section 4(b);
					(B)the laws or
			 ordinances of any State or political subdivision of a State that provide for
			 the rights and responsibilities described in section 4(b) with respect to
			 certain categories of public safety officers covered by this Act solely because
			 such rights and responsibilities have not been extended to other categories of
			 public safety officers covered by this Act; or
					(C)the laws or
			 ordinances of any State or political subdivision of a State that provide for
			 the rights and responsibilities described in section 4(b), solely because such
			 laws or ordinances provide that a contract or memorandum of understanding
			 between a public safety employer and a labor organization must be presented to
			 a legislative body as part of the process for approving such contract or
			 memorandum of understanding.
					(3)Limited
			 enforcement powerIn the case of a law described in paragraph
			 (2)(B), the Authority shall only exercise the powers provided in section 5 with
			 respect to those categories of public safety officers who have not been
			 afforded the rights and responsibilities described in section 4(b).
				(4)Exclusive
			 enforcement provisionNotwithstanding any other provision of the
			 Act, and in the absence of a waiver of a State's sovereign immunity, the
			 Authority shall have the exclusive power to enforce the provisions of this Act
			 with respect to employees of a State.
				9.Authorization of
			 appropriationsThere are
			 authorized to be appropriated such sums as may be necessary to carry out the
			 provisions of this Act.

		April 13, 2010
		Read the second time and placed on the
		  calendar


		II
		Calendar No. 306
		111th CONGRESS
		2d Session
		H. R. 3113
		[Report No. 111–156]
		IN THE SENATE OF THE UNITED
		  STATES

			September 23, 2009
			Received; read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			March 2, 2010
			Reported by Mr.
			 Bingaman, without amendment

		AN ACT
		To amend the Wild and Scenic Rivers Act to
		  designate a segment of the Elk River in the State of West Virginia for study
		  for potential addition to the National Wild and Scenic Rivers System, and for
		  other purposes.

		1.Short TitleThis Act may be cited as the
			 Upper Elk River Wild and Scenic Study
			 Act.
		2.Designation for
			 StudySection 5(a) of the Wild
			 and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the
			 following:

				(
				)Elk River, West VirginiaThe approximate 5-mile segment of the Elk
				River from the confluence of the Old Field Fork and the Big Spring Fork in
				Pocahontas County to the Pocahontas and Randolph County
				line.
				.
		3.Study and
			 ReportSection 5(b) of the
			 Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end
			 the following:

				(
				)Elk River, West VirginiaNot later than 3 years after funds are made
				available to carry out this paragraph, the Secretary of Agriculture shall
				complete the study of the 5-mile segment of the Elk River, West Virginia,
				designated for study in subsection (a), and shall submit to Congress a report
				containing the results of the study. The report shall include an analysis of
				the potential impact of the designation on private lands within the 5-mile
				segment of the Elk River, West Virginia, or abutting that
				area.
				.
		4.Effect
			(a)Effect on access
			 for recreational activitiesConsistent with section 13 of the Wild and
			 Scenic Rivers Act (16 U.S.C. 1284), nothing in the designation made by the
			 amendment in section 2 shall be construed as affecting access for recreational
			 activities otherwise allowed by law or regulation, including hunting, fishing,
			 or trapping.
			(b)Effect on state
			 authorityConsistent with
			 section 13 of the Wild and Scenic Rivers Act (16 U.S.C 1284), nothing in the
			 designation made by the amendment in section 2 shall be construed as affecting
			 the authority, jurisdiction, or responsibility of the several States to manage,
			 control, or regulate fish and resident wildlife under State law or regulations,
			 including the regulation of hunting, fishing, and trapping.

		March 2, 2010
		Reported without amendment