117 HR 1446 EH: Enhanced Background Checks Act of 2021
U.S. House of Representatives

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EN
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I
117th CONGRESS1st Session
H. R. 1446
IN THE HOUSE OF REPRESENTATIVES
AN ACT
To amend chapter 44 of title 18, United States Code, to strengthen the background check procedures to be followed before a Federal firearms licensee may transfer a firearm to a person who is not such a licensee.

1.Short titleThis Act may be cited as the Enhanced Background Checks Act of 2021.  2.Strengthening of background check procedures to be followed before a Federal firearms licensee may transfer a firearm to a person who is not such a licenseeSection 922(t) of title 18, United States Code is amended—
(1)in paragraph (1)(B), by striking clause (ii) and inserting the following:  (ii)in the event the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section—
(I)not fewer than 10 business days (meaning a day on which State offices are open) has elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section, and the other person has submitted, electronically through a website established by the Attorney General or by first-class mail, a petition for review which— (aa)certifies that such other person has no reason to believe that such other person is prohibited by Federal, State, or local law from purchasing or possessing a firearm; and
(bb)requests that the system respond to the contact referred to in subparagraph (A) within 10 business days after the date the petition was submitted (or, if the petition is submitted by first-class mail, the date the letter containing the petition is postmarked); and (II)10 business days have elapsed since the other person so submitted the petition, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; and; and
(2)by adding at the end the following:  (7)The Attorney General shall—
(A)prescribe the form on which a petition shall be submitted pursuant to paragraph (1)(B)(ii); (B)make the form available electronically, and provide a copy of the form to all licensees referred to in paragraph (1);
(C)provide the petitioner and the licensee involved written notice of receipt of the petition, either electronically or by first-class mail; and (D)respond on an expedited basis to any such petition received by the Attorney General.
(8)
(A)If, after 3 business days have elapsed since the licensee initially contacted the system about a firearm transaction, the system notifies the licensee that the receipt of a firearm by such other person would not violate subsection (g) or (n), the licensee may continue to rely on that notification for the longer of— (i)an additional 25 calendar days after the licensee receives the notification; or
(ii)30 calendar days after the date of the initial contact. (B)If such other person has met the requirements of paragraph (1)(B)(ii) before the system destroys the records related to the firearm transaction, the licensee may continue to rely on such other person having met the requirements for an additional 25 calendar days after the date such other person first met the requirements..
3.GAO reportsWithin 90 days after the end of each of the 1-year, 3-year, and 5-year periods that begin with the effective date of this Act, the Comptroller General of the United States shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a written report analyzing the extent to which, during the respective period, paragraphs (1)(B)(ii) and (7) of section 922(t) of title 18, United States Code, have prevented firearms from being transferred to prohibited persons, which report shall include but not be limited to the following— (1)an assessment of the overall implementation of such subsections, including a description of the challenges faced in implementing such paragraphs;
(2)an aggregate description of firearm purchase delays and denials, with a description of denials, disaggregated by State and by the basis for the denial; and (3)an aggregate analysis of the petitions submitted pursuant to such paragraph (1)(B)(ii).
4.Reports on petitions supporting firearms transfers not immediately approved by NICS System, that were not responded to in a timely mannerThe Director of the Federal Bureau of Investigation shall make an annual report to the public on the number of petitions received by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act that were submitted pursuant to subclause (I) of section 922(t)(1)(B)(ii) of title 18, United States Code, with respect to which a determination was not made within the 10-day period referred to in subclause (II) of such section 922(t)(1)(B)(ii). The report shall include the following, which shall be disaggregated by State: (1)The number of petitions submitted under such section that were received by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act.
(2)The number of petitioners who were discovered to be ineligible under Federal or State law during that 10-day period. (3)The number of petitioners who were discovered to be ineligible under Federal or State law after that 10-day period.
(4)The basis of the ineligibility of the petitioners discovered to be ineligible under Federal or State law during that 10-day period, and the basis of the ineligibility of the petitioners discovered to be ineligible under Federal or State law after that 10-day period. (5)The number of the petitioners whose petitions were denied and who, within 12 months after the denial, were prosecuted under Federal, State, or local law for receiving or attempting to receive a firearm.
5.Report to the CongressWithin 150 days after the date of the enactment of this Act, the Attorney General, in consultation with the National Resource Center on Domestic Violence and Firearms, shall submit to the Congress a report analyzing the effect, if any, of this Act on the safety of victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking, disaggregated by State, and whether any further amendments to the background check process, including amendments to the conditions that must be met under this Act for a firearm to be transferred when the system has not notified the licensee that such transfer would not violate subsection (g) or (n) of section 922 of title 18, United States Code, would likely result in a reduction in the risk of death or great bodily harm to victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking. 6.Effective dateThis Act and the amendments made by this Act shall take effect 210 days after the date of the enactment of this Act.
7.Report on firearm transfers denied as a result of a NICS checkWithin 90 days after the date of the enactment of this Act, the Inspector General, Department of Justice, shall prepare and submit to the Congress a written report on the number of firearm transactions with respect to which the national instant criminal background check system established under the Brady Handgun Violence Prevention Act has determined that receipt of a firearm by the prospective firearm transferee would violate Federal or State law, and which have been referred to the Bureau of Alcohol, Tobacco, Firearms, and Explosives for investigation.  Passed the House of Representatives March 11, 2021.Cheryl L. Johnson,Clerk.


		II
		110th CONGRESS
		1st Session
		S. 2154
		IN THE SENATE OF THE UNITED STATES

			October 4, 2007
			Mr. Johnson (for
			 himself, Mr. Thune, and
			 Mr. Conrad) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Social Security Act and the
		  Internal Revenue Code of 1986 to exempt certain employment as a member of a
		  local governing board, commission, or committee from social security tax
		  coverage.

		1.Short titleThis Act may be cited as the
			 Local Officials Tax Relief Act of
			 2007.
		2.Exemption of certain
			 local governing board employment from social security tax coverage
			(a)Amendment to
			 Social Security ActSection 210(a)(7)(F) of the
			 Social Security Act (42 U.S.C.
			 410(a)(7)(F)) is amended by striking or at the end of
			 clause (iv), by adding or at the end of clause (v), and by
			 inserting after clause (v) the following new clause:

					(vi)by any elected or appointed member of a
				general governing board, commission, or committee of any political subdivision
				of a State if the remuneration paid in a calendar year for such service is not
				more than—
						(I)$1,300, with respect to service performed
				during any calendar year commencing on or after January 1, 2008; or
						(II)the adjusted amount determined under
				section 218(c)(8)(B) for any calendar year commencing on or after January 1,
				2010, with respect to service performed during such calendar
				year;
						.
			(b)Amendment to
			 Internal Revenue Code of 1986Section 3121(b)(7)(F) of the Internal
			 Revenue Code of 1986 (defining employment) is amended by striking
			 or at the end of clause (iv), by adding or at the
			 end of clause (v), and by inserting after clause (v) the following new
			 clause:

					(vi)by any elected or appointed member of a
				general governing board, commission, or committee of any political subdivision
				of a State if the remuneration paid in a calendar year for such service is not
				more than—
						(I)$1,300 with respect to service performed
				during any calendar year commencing on or after January 1, 2008, or
						(II)the adjusted amount determined under
				section 218(c)(8)(B) of the Social Security Act for any calendar year
				commencing on or after January 1, 2010, with respect to service performed
				during such calendar
				year;
						.


113 HR 1980 IH: Quicker Veterans Benefits Delivery Act
U.S. House of Representatives
2013-05-14
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		I
		113th CONGRESS
		1st Session
		H. R. 1980
		IN THE HOUSE OF REPRESENTATIVES

			May 14, 2013
			Mr. Walz (for
			 himself, Mr. Denham,
			 Mr. Jones,
			 Ms. Frankel of Florida,
			 Mr. Barber,
			 Ms. Esty, Ms. Kuster, and Mr.
			 O’Rourke) introduced the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs

		A BILL
		To amend title 38, United States Code, to prohibit the
		  Secretary of Veterans Affairs from requesting additional medical examinations
		  of veterans who have submitted sufficient medical evidence provided by
		  non-Department medical professionals and to improve the efficiency of
		  processing certain claims for disability compensation by veterans, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 Quicker Veterans Benefits Delivery
			 Act.
		2.Treatment of
			 medical evidence provided by non-Department of Veterans Affairs medical
			 professionals in support of claims disability compensation
			(a)In
			 generalSection 5103A(d) of
			 title 38, United States Code, is amended by adding at the end the following new
			 paragraph:

					(3)During the six-year period beginning on the
				date of the enactment of this paragraph, the Secretary may not request a
				medical examination under paragraph (1) in the case of a claim for disability
				compensation in support of which a claimant submits medical evidence provided
				by a non-Department medical professional, including a non-Department medical
				opinion, that is competent, credible, probative, and otherwise adequate for
				purposes of making a decision on the
				claim.
					.
			(b)Effective
			 dateThe amendment made by subsection (a) shall apply with
			 respect to medical evidence submitted after the date that is 90 days after the
			 date of the enactment of this Act.
			3.Improvement of
			 disability claims processing
			(a)Prestabilization
			 ratesSection 1156 of title
			 38, United States Code, is amended—
				(1)by redesignating
			 subsections (c) and (d) as subsections (e) and (f), respectively; and
				(2)by inserting after
			 subsection (b) the following new subsection (c):

						(c)Prestabilization
				ratesDuring the six-year
				period beginning on the date of the enactment of this subsection, in assigning
				to a veteran a prestabilization rating pursuant to section 4.28 of title 38,
				Code of Federal Regulations, (or successor regulation), the Secretary shall
				assign such a rating at the level of total, 50 percent, or 30 percent, as
				determined appropriate by the
				Secretary.
						.
				(b)Temporary
			 minimum ratesSection 1156 of title 38, United States Code, is
			 further amended by inserting after subsection (c), as added by subsection (a),
			 the following new subsection (d):

					(d)Temporary
				minimum ratesDuring the
				six-year period beginning on the date of the enactment of this subsection, the
				Secretary shall assign a temporary minimum disability rating to a veteran
				who—
						(1)has one or more
				disabilities not covered under subsection (a); and
						(2)submits a claim
				for such disability that has sufficient evidence to support a minimum
				disability
				rating.
						.
			(c)Reporting of
			 claims backlogDuring the
			 six-year period beginning on the date of the enactment of this Act, the
			 Secretary of Veterans Affairs shall not include any veteran to whom the
			 Secretary has assigned a pre-stabilization rating under subsection (c) of
			 section 1156 of such title, as added by subsection (a), or a temporary minimum
			 disability rating under subsection (d) of such section, as added by subsection
			 (b), in any count of the backlog of disability ratings to be assigned by the
			 Secretary.
			(d)Effective
			 dateThe amendments made by
			 this section shall take effect on the date that is 90 days after the date of
			 the enactment of this Act and shall apply with respect to claims for disability
			 compensation filed on or after that date.
			4.Timing of monthly
			 payments of benefits under the laws administered by the Secretary of Veterans
			 Affairs
			(a)In
			 generalSection 5120(e) of
			 title 38, United States Code, is amended—
				(1)by striking
			 Whenever and inserting (1) Whenever; and
				(2)by adding at the
			 end the following new paragraph:

						(2)During the six-year period beginning on the
				date of the enactment of this paragraph, the Secretary shall certify benefit
				payments for any calendar month in such a way that such payments will be
				delivered by mail, or transmitted for credit to the payee’s account pursuant to
				subsection (d) of this section, before the first day of the calendar month for
				which such payments are
				issued.
						.
				(b)Effective
			 dateThe amendments made by subsection (a) shall apply with
			 respect to a calendar month that begins after the date that is 90 days after
			 the date of the enactment of this Act.


115 HCON 122 IH: Commemorating the 75th Anniversary of Lockheed Martin Skunk Works and its significant contributions to the national security of the United States.
U.S. House of Representatives
2018-06-07
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IV115th CONGRESS2d SessionH. CON. RES. 122IN THE HOUSE OF REPRESENTATIVESJune 7, 2018Mr. Knight (for himself and Mr. Cook) submitted the following concurrent resolution; which was referred to the Committee on Armed ServicesCONCURRENT RESOLUTIONCommemorating the 75th Anniversary of Lockheed Martin Skunk Works and its significant contributions
			 to the national security of the United States.

 Whereas Lockheed Martin is known for building many of the finest military aircraft in the world; Whereas the Palmdale, California, location of Lockheed Martin is headquarters to the Advanced Development Programs group of the company, which is widely known as the Skunk Works;
 Whereas the name the Skunk Works— (1)came from Li’l Abner, a satirical comic strip by Al Capp that was immensely popular in the 1940s and 1950s;
 (2)in 1943, was first used in reference to the Advanced Development Programs group when the Department of the Navy attempted to establish a conference call connection and was mistakenly transferred to the XP–80 program of the Advanced Development Programs group, which due to classification could not be identified when the call was answered, and a member of the Advanced Development Programs group instead answered the call by saying, Skunk Works, in reference to the location of the facility next to a malodorous plastics factory in Burbank, California; and
 (3)would later become the name that is used for the Advanced Development Programs group today, the Skunk Works; Whereas the founding father of the Skunk Works was Clarence L. Kelly Johnson;
 Whereas in June 1943, Kelly Johnson and the Skunk Works team designed and delivered the XP–80, which was completed in only 143 days;
 Whereas the XP–80 became the P–80, the first operational fighter jet of the United States; Whereas the XP–80 program set the standard for highly secretive, high priority, rapid execution projects performed on a minimal budget;
 Whereas, on August 1, 1955, the Skunk Works first flew the U–2 spy plane with the intention of operating over the Soviet Union and photographing sites of strategic interest;
 Whereas the U–2 became one of the most important intelligence tools of the Cold War and continues to be a critical intelligence, surveillance, and reconnaissance asset for the Armed Forces of the United States;
 Whereas in 1964, the Skunk Works first flew the SR–71 Blackbird, which is the reigning world record holder for speed over a straight course at 2,193.167 miles per hour and served the Air Force from 1966 until 1998;
 Whereas in 1964, the Skunk Works flew the first ever high-altitude unmanned aerial vehicle, the D–21, which was launched from an SR–71;
 Whereas in 1976, the Skunk Works began production of a stealth fighter aircraft named Have Blue, which went on to become the F–117, the first ever operational stealth aircraft; Whereas, during the entirety of the Cold War, the Skunk Works was located in Burbank, California;
 Whereas after 1989, Lockheed relocated the Skunk Works to Site 10 at Air Force Base Plant 42 in Palmdale, California, where it remains in operation today with more than 2,700 employees;
 Whereas the Skunk Works, in partnership with Edwards Air Force Base, has developed and tested aircraft including the U–2, SR–71, F–117, YF–22, X–35, as well as other classified projects, in Antelope Valley, California;
 Whereas in 2008, the Skunk Works became the only aerospace company ever to receive the highest national honor for technological achievement, the National Medal of Technology and Innovation;
 Whereas the Skunk Works was awarded a Collier trophy, the most prestigious award in aviation in the United States—
 (1)in 1958, for the F–104; (2)in 1963, for the A–11;
 (3)in 1989, for the F–117A; (4)in 1998, for the U–2S/ER–2;
 (5)in 2002, for the joint Strike Fighter/X–35; (6)in 2006, for the F–22; and
 (7)in 2013, for the X–47B; and Whereas the Skunk Works designs, develops, and rapidly produces manned and unmanned advanced technologies serving both military and commercial concerns: Now, therefore, be it

 That Congress— (1)recognizes—
 (A)the tremendous accomplishments of the men and women at Lockheed Martin’s Skunk Works on the 75th anniversary of its establishment during World War II; and
 (B)the indisputable contribution to the national security of the United States by the aircraft designed, developed, and produced at the Skunk Works over the last 75 years; and
 (2)encourages continued invention, innovation, and development of advanced technologies by the Skunk Works for the United States Government, its allies, and commercial partners into the foreseeable future.


110 HR 949 IH: To extend Federal recognition to the Duwamish Tribe, and

U.S. House of Representatives
2007-02-08
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		I
		110th CONGRESS
		1st Session
		H. R. 949
		IN THE HOUSE OF REPRESENTATIVES

			February 8, 2007
			Mr. McDermott
			 introduced the following bill; which was referred to the Committee on Natural
			 Resources

		A BILL
		To extend Federal recognition to the Duwamish Tribe, and
		  for other purposes.

		1.Short title;
			 findings
			(a)Short
			 titleThis Act may be cited as the Duwamish Tribal
			 Recognition Act.
			(b)FindingsCongress
			 finds the following:
				(1)In 1855, the
			 Duwamish Tribe signed the Treaty of Point Elliott, which guaranteed fishing
			 rights and reservations to all tribes represented by the Native
			 signatories.
				(2)The Duwamish signatory was their Chief,
			 Chief Si'ahl, for whom the City of Seattle is named.
				(3)In 1859, the Treaty of Point Elliott was
			 ratified by Congress. However, the promises made by the United States in the
			 treaty were never fulfilled as to the Duwamish Tribe or its members.
				(4)In 1925, the Duwamish Tribe officially
			 adopted its constitution and bylaws.
				(5)The Duwamish Tribe filed suit before the
			 Indian Claims Commission for the value of its lands taken without compensation
			 and a $62,000 judgment ultimately was awarded to the Duwamish. The settlement
			 was eventually distributed per capita at $64 per person to the Duwamish people.
				(6)In 1976, the Duwamish Tribe first submitted
			 a petition for Federal recognition to the Secretary of the Interior. That
			 petition subsequently was returned to the tribe for revision due to changes in
			 regulations governing the administrative federal acknowledgment process.
				(7)In 1988, the Duwamish Tribe submitted its
			 completed petition for Federal recognition.
				(8)In 1996, after years of delay, the Duwamish
			 Tribe received a negative preliminary determination. In response, the tribe
			 addressed the identified problems in its final submission of October 21,
			 1998.
				(9)On January 19, 2001, the Duwamish Tribe
			 received a favorable determination for federal recognition from the Assistant
			 Secretary of the Interior for Indian Affairs.
				(10)On September 26, 2001, the new Assistant
			 Secretary for Indian Affairs unilaterally reversed the January 19, 2001,
			 decision and rejected the Duwamish petition for recognition.
				(11)On January 4, 2002, the Interior Board of
			 Indian Appeals referred several questions raised by the circumstances of the
			 administrative reversal to the Secretary of the Interior along with directions
			 to decide whether to request further reconsideration by the Assistant Secretary
			 for Indian Affairs in light of those questions.
				(12)On May 8, 2002, the Secretary of the
			 Interior refused to refer the Duwamish petition back to the Assistant Secretary
			 for Indian Affairs for further consideration.
				(13)Nearly 150 years after the Duwamish Tribe
			 signed the Point Elliott Treaty, the Duwamish people still seek the recognition
			 which was established by the treaty.
				2.DefinitionsFor the purposes of this Act, the following
			 definitions apply:
			(1)MemberThe
			 term member means an enrolled member of the Duwamish Tribe, as of
			 the date of the enactment of this Act, or an individual who has been placed on
			 the membership roles in accordance with this Act.
			(2)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(3)TribeThe
			 term Tribe means the Duwamish Tribe.
			3.Federal
			 recognitionFederal
			 recognition is hereby extended to the Duwamish Tribe. All laws and regulations
			 of the United States of general application to Indians, or nations, tribes, or
			 band of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.),
			 which are not inconsistent with any specific provision of this Act, shall be
			 applicable to the Tribe and its members.
		4.Federal services
			 and benefits
			(a)In
			 generalThe Tribe and its members shall be eligible, on and after
			 the date of the enactment of this Act, for all services and benefits provided
			 by the Federal Government to federally recognized tribes without regard to the
			 existence of a reservation for the Tribe or the location of the residence of
			 any member on or near any Indian reservation.
			(b)Service
			 areaFor purposes of the delivery of Federal services to enrolled
			 members of the Tribe, the Tribe's service area shall consist of the following:
			 King County, Kitsap County, Pierce County, Lewis County, and Mason
			 County.
			5.MembershipNot later than 9 months after the date of
			 the enactment of this Act, the Tribe shall submit to the Secretary a membership
			 roll consisting of all individuals enrolled in the Tribe. The qualifications
			 for inclusion on the membership roll of the Tribe shall be determined by the
			 membership clauses in the Tribe's governing document, in consultation with the
			 Secretary. Upon completion of the roll, the Secretary shall immediately publish
			 notice of the roll in the Federal Register. The Tribe shall ensure that such
			 roll is maintained and kept current.
		6.Constitution and
			 governing body
			(a)Constitution
				(1)AdoptionNot
			 later than 9 months after the date of the enactment of this Act, the Tribe
			 shall conduct, by secret ballot, an election to adopt a constitution and bylaws
			 for the Tribe.
				(2)Interim
			 governing documentsUntil such time as a new constitution is
			 adopted under paragraph (1), the governing documents in effect on the date of
			 the enactment of this Act shall be the interim governing documents for the
			 Tribe which were submitted to the Department of the Interior during the
			 acknowledgment petition process.
				(b)OfficialsNot
			 later than 6 months after the Tribe adopts a constitution and bylaws pursuant
			 to subsection (a), the Tribe shall elect a governing body in accordance with
			 the procedures set forth in its constitution and bylaws. Until such time as a
			 new governing body is elected, the governing body of the Tribe shall be the
			 governing body selected under the election procedures specified in the interim
			 governing documents of the Tribe.
			7.Land in
			 trust
			(a)Requirement To
			 take land into trustIf, not later than 10 years after the date
			 of the enactment of this Act, the Tribe transfers all right, title, and
			 interest in and to any land within the Tribe’s service area identified under
			 section 4(b) or land identified under subsection (b) as its aboriginal
			 homelands to the Secretary, the Secretary shall take such land into trust for
			 the benefit of the Tribe.
			(b)Identification
			 of aboriginal landsNot later than 10 years after the date of the
			 enactment of this Act, the Secretary of the Interior and the Secretary of
			 Agriculture shall identify those lands which shall be considered the aboriginal
			 homelands of the Tribe for the purposes of subsection (a).
			(c)No federal
			 liability on trust acceptanceNotwithstanding any other provision
			 of law, the United States should not incur any liability for conditions on any
			 parcels of land taken into trust under this section.


		II
		111th CONGRESS
		1st Session
		S. 560
		IN THE SENATE OF THE UNITED STATES

			March 10, 2009
			Mr. Reid (for
			 Mr. Kennedy (for himself,
			 Mr. Harkin, Mr.
			 Dodd, Ms. Mikulski,
			 Mrs. Murray, Mr. Reed, Mr.
			 Sanders, Mr. Brown,
			 Mr. Casey, Mr.
			 Merkley, Mr. Byrd,
			 Mr. Inouye, Mr.
			 Leahy, Mr. Levin,
			 Mr. Kerry, Mr.
			 Rockefeller, Mr. Reid,
			 Mr. Lieberman, Mr. Akaka, Mrs.
			 Boxer, Mr. Feingold,
			 Mr. Wyden, Mr.
			 Durbin, Mr. Johnson,
			 Mr. Schumer, Mr. Nelson of Florida, Mr.
			 Carper, Ms. Stabenow,
			 Ms. Cantwell, Mr. Lautenberg, Mr.
			 Menendez, Mr. Cardin,
			 Ms. Klobuchar, Mr. Whitehouse, Mr. Udall
			 of New Mexico, Mrs. Shaheen,
			 Mr. Begich, Mr.
			 Burris, Mr. Kaufman, and
			 Mrs. Gillibrand)) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the National Labor Relations Act
		  to establish an efficient system to enable employees to form, join, or assist
		  labor organizations, to provide for mandatory injunctions for unfair labor
		  practices during organizing efforts, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Employee Free Choice Act of
			 2009.
		2.Streamlining union certification
			(a)In generalSection 9(c) of the National Labor
			 Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the
			 following:

					(6)Notwithstanding any other provision of this
				section, whenever a petition shall have been filed by an employee or group of
				employees or any individual or labor organization acting in their behalf
				alleging that a majority of employees in a unit appropriate for the purposes of
				collective bargaining wish to be represented by an individual or labor
				organization for such purposes, the Board shall investigate the petition. If
				the Board finds that a majority of the employees in a unit appropriate for
				bargaining has signed valid authorizations designating the individual or labor
				organization specified in the petition as their bargaining representative and
				that no other individual or labor organization is currently certified or
				recognized as the exclusive representative of any of the employees in the unit,
				the Board shall not direct an election but shall certify the individual or
				labor organization as the representative described in subsection (a).
					(7)The Board shall develop guidelines and
				procedures for the designation by employees of a bargaining representative in
				the manner described in paragraph (6). Such guidelines and procedures shall
				include—
						(A)model collective bargaining authorization
				language that may be used for purposes of making the designations described in
				paragraph (6); and
						(B)procedures to be used by the Board to
				establish the validity of signed authorizations designating bargaining
				representatives.
						.
			(b)Conforming amendments
				(1)National labor relations
			 BoardSection 3(b) of the
			 National Labor Relations Act (29 U.S.C. 153(b)) is amended, in the second
			 sentence—
					(A)by striking and to and
			 inserting to; and
					(B)by striking and certify the results
			 thereof, and inserting , and to issue certifications as provided
			 for in that section,.
					(2)Unfair labor practicesSection 8(b) of the National Labor
			 Relations Act (29 U.S.C. 158(b)) is amended—
					(A)in paragraph (7)(B) by striking ,
			 or and inserting or a petition has been filed under section
			 9(c)(6), or; and
					(B)in paragraph (7)(C) by striking when
			 such a petition has been filed and inserting when such a
			 petition other than a petition under section 9(c)(6) has been
			 filed.
					3.Facilitating initial collective bargaining
			 agreementsSection 8 of the
			 National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end
			 the following:

				(h)Whenever collective bargaining is for the
				purpose of establishing an initial agreement following certification or
				recognition, the provisions of subsection (d) shall be modified as
				follows:
					(1)Not later than 10 days after receiving a
				written request for collective bargaining from an individual or labor
				organization that has been newly organized or certified as a representative as
				defined in section 9(a), or within such further period as the parties agree
				upon, the parties shall meet and commence to bargain collectively and shall
				make every reasonable effort to conclude and sign a collective bargaining
				agreement.
					(2)If after the expiration of the 90-day
				period beginning on the date on which bargaining is commenced, or such
				additional period as the parties may agree upon, the parties have failed to
				reach an agreement, either party may notify the Federal Mediation and
				Conciliation Service of the existence of a dispute and request mediation.
				Whenever such a request is received, it shall be the duty of the Service
				promptly to put itself in communication with the parties and to use its best
				efforts, by mediation and conciliation, to bring them to agreement.
					(3)If after the expiration of the 30-day
				period beginning on the date on which the request for mediation is made under
				paragraph (2), or such additional period as the parties may agree upon, the
				Service is not able to bring the parties to agreement by conciliation, the
				Service shall refer the dispute to an arbitration board established in
				accordance with such regulations as may be prescribed by the Service. The
				arbitration panel shall render a decision settling the dispute and such
				decision shall be binding upon the parties for a period of 2 years, unless
				amended during such period by written consent of the
				parties.
					.
		4.Strengthening enforcement
			(a)Injunctions against unfair labor practices
			 during organizing drives
				(1)In generalSection 10(l) of the National Labor
			 Relations Act (29 U.S.C. 160(l)) is amended—
					(A)in the second sentence, by striking
			 If, after such and inserting the following:

							(2)If, after
				such
							;
				and
					(B)by striking the first sentence and
			 inserting the following:

							(1)Whenever it is charged—
								(A)that any employer—
									(i)discharged or otherwise discriminated
				against an employee in violation of subsection (a)(3) of section 8;
									(ii)threatened to discharge or to otherwise
				discriminate against an employee in violation of subsection (a)(1) of section
				8; or
									(iii)engaged in any other unfair labor practice
				within the meaning of subsection (a)(1) that significantly interferes with,
				restrains, or coerces employees in the exercise of the rights guaranteed in
				section 7;
									while employees of that employer
				were seeking representation by a labor organization or during the period after
				a labor organization was recognized as a representative defined in section 9(a)
				until the first collective bargaining contract is entered into between the
				employer and the representative; or(B)that any person has engaged in an unfair
				labor practice within the meaning of subparagraph (A), (B), or (C) of section
				8(b)(4), section 8(e), or section 8(b)(7);
								the preliminary investigation of such
				charge shall be made forthwith and given priority over all other cases except
				cases of like character in the office where it is filed or to which it is
				referred..
					(2)Conforming amendmentSection 10(m) of the National Labor
			 Relations Act (29 U.S.C. 160(m)) is amended by inserting under
			 circumstances not subject to section 10(l) after section
			 8.
				(b)Remedies for violations
				(1)BackpaySection 10(c) of the National Labor
			 Relations Act (29
			 U.S.C. 160(c)) is amended by striking And
			 provided further, and inserting Provided
			 further, That if the Board finds that an employer has discriminated
			 against an employee in violation of subsection (a)(3) of section 8 while
			 employees of the employer were seeking representation by a labor organization,
			 or during the period after a labor organization was recognized as a
			 representative defined in subsection (a) of section 9 until the first
			 collective bargaining contract was entered into between the employer and the
			 representative, the Board in such order shall award the employee back pay and,
			 in addition, 2 times that amount as liquidated damages: Provided
			 further,.
				(2)Civil penaltiesSection 12 of the National Labor Relations
			 Act (29 U.S.C. 162) is amended—
					(A)by striking Any and
			 inserting (a) Any; and
					(B)by adding at the end the following:

							(b)Any employer who willfully or repeatedly
				commits any unfair labor practice within the meaning of subsections (a)(1) or
				(a)(3) of section 8 while employees of the employer are seeking representation
				by a labor organization or during the period after a labor organization has
				been recognized as a representative defined in subsection (a) of section 9
				until the first collective bargaining contract is entered into between the
				employer and the representative shall, in addition to any make-whole remedy
				ordered, be subject to a civil penalty of not to exceed $20,000 for each
				violation. In determining the amount of any penalty under this section, the
				Board shall consider the gravity of the unfair labor practice and the impact of
				the unfair labor practice on the charging party, on other persons seeking to
				exercise rights guaranteed by this Act, or on the public
				interest.
							.


I
One Hundred Eleventh Congress of the United States of America At the First SessionBegun and held at the City of Washington on Tuesday, the sixth day of January, two thousand and nine
H. R. 2131

AN ACT
To amend the Foreign Affairs Reform and Restructuring Act of 1998 to reauthorize the United States Advisory Commission on Public Diplomacy.

1.Reauthorization of United States Advisory Commission on Public DiplomacySection 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553) is amended by striking October 1, 2009 and inserting October 1, 2010.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


		One Hundred Twelfth Congress of the United States
		  of America
		2d SessionBegun and held at the City of Washington on Tuesday, the third
		day of January, two thousand and twelve
		S. CON. RES. 60
		IN THE SENATE OF THE UNITED
		  STATES

			November 16, 2012
			Agreed
			 to

		CONCURRENT RESOLUTION
		Providing for a conditional adjournment or
		  recess of the Senate and an adjournment of the House of Representatives.

		That when the Senate recesses or adjourns
			 on any day from Thursday, November 15, 2012, through Friday, November 16, 2012,
			 on a motion offered pursuant to this concurrent resolution by its Majority
			 Leader or his designee, it stand recessed or adjourned until 12:00 noon on
			 Monday, November 26, 2012, or such other time on that day as may be specified
			 by its Majority Leader or his designee in the motion to recess or adjourn, or
			 until the time of any reassembly pursuant to section 2 of this concurrent
			 resolution, whichever occurs first; and that when the House adjourns on any
			 legislative day from Friday, November 16, 2012, through Friday, November 23,
			 2012, on a motion offered pursuant to this concurrent resolution by its
			 Majority Leader or his designee, it stand adjourned until 2:00 p.m. on Tuesday,
			 November 27, 2012, or until the time of any reassembly pursuant to section 2 of
			 this concurrent resolution, whichever occurs first.
		2.The Majority Leader of the Senate and the
			 Speaker of the House, or their respective designees, acting jointly after
			 consultation with the Minority Leader of the Senate and the Minority Leader of
			 the House, shall notify the Members of the Senate and House, respectively, to
			 reassemble at such place and time as they may designate if, in their opinion,
			 the public interest shall warrant it.

			Secretary of the Senate

			Clerk of the House of Representatives


		I
		111th CONGRESS
		2d Session
		H. R. 4932
		IN THE HOUSE OF REPRESENTATIVES

			March 24, 2010
			Mr. Kratovil
			 introduced the following bill; which was referred to the
			 Committee on Small
			 Business

		A BILL
		To waive temporarily the matching amount requirement with
		  respect to section 21 of the Small Business Act, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Small Business Development Centers Relief Act of
			 2010.
		2.Matching
			 requirement waiverDuring the
			 1-year period beginning on the date of enactment of this Act, the Administrator
			 of the Small Business Administration shall waive the requirement under
			 subsection (a)(4)(A) of section 21 of the Small Business Act (15 U.S.C. 648)
			 that a matching amount be provided as a condition of grants under such section.
			 Notwithstanding subsection (a)(4)(C)(ii) of such section, the amount of a grant
			 under such section during such period may exceed the amount of matching funds
			 provided.


109 HRES 910 EH: Providing for consideration of the bill (H.R. 9) to amend the Voting Rights Act of 1965.
U.S. House of Representatives
2006-07-13
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.

IV
109th CONGRESS
2d Session
H. RES. 910
In the House of Representatives, U. S.,

July 13, 2006

RESOLUTION
Providing for consideration of the bill (H.R. 9) to amend the Voting Rights Act of 1965.

That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 9) to amend the Voting Rights Act of 1965. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed 90 minutes equally divided and controlled by the Majority Leader and the Minority Leader or their designees. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Karen L. HaasClerk.


		II
		110th CONGRESS
		1st Session
		S. 2453
		IN THE SENATE OF THE UNITED STATES

			December 12, 2007
			Mr. Alexander introduced
			 the following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend title VII of the Civil Rights Act of 1964 to
		  clarify requirements relating to nondiscrimination on the basis of national
		  origin.

		1.Short titleThis Act may be cited as the
			 Protecting English in the Workplace
			 Act.
		2.Requirements regarding
			 speaking English while engaged in workSection 703 of the Civil Rights Act of 1964
			 (42 U.S.C. 2000e–2) is amended by adding at the end the following:

				(o)(1)Notwithstanding any
				other provision of this title, it shall not be an unlawful employment practice
				for an employer to require an employee to speak, or an applicant for employment
				to agree to speak, English while engaged in work.
					(2)(A)An individual shall not
				be considered to be engaged in work under paragraph (1) during a bona fide meal
				period, a rest period, or any other break, during which the individual is not
				required to perform any duties.
						(B)In this paragraph, the term
				bona fide meal period means such a period, and the term rest
				period means such a period, within the meaning of section 785.19 of
				title 29, Code of Federal Regulations (or any corresponding similar regulation
				or
				ruling).
						.


		II

		109th CONGRESS

		1st Session

		S. 1828

		IN THE SENATE OF THE UNITED STATES

			October 6, 2005

			Mrs. Clinton (for

			 herself and Mr. Roberts) introduced the

			 following bill; which was read twice and referred to the

			 Committee on Health, Education, Labor,

			 and Pensions

		A BILL

		To amend the Public Health Service Act to improve and

		  secure an adequate supply of influenza vaccine.

		1.Short

			 titleThis Act may be cited as

			 the Influenza Vaccine Security Act of

			 2005.

		IMarket

			 Guarantees

			101.Amendment to

			 the Public Health Service Act

				Title XXI of

			 the Public Health Service Act (42 U.S.C. 300aa–1 et seq.) is amended by adding

			 at the end the following:

						3Influenza vaccine

				security

							2141.Establishment of an

				influenza vaccine target and stockpile

								(a)Annual

				targetThe Secretary, in

				consultation with the Advisory Committee on Immunization Practices to the

				Centers for Disease Control and Prevention (referred to in this subtitle as the

				Advisory Committee), shall determine an annual production target

				for influenza vaccine, based on the recommendations of the Advisory Committee.

				Based on such target, the Secretary, acting through the Centers for Disease

				Control and Prevention, shall coordinate with the private market to encourage

				the production of such vaccine in amounts that will meet the annual

				target.

								(b)StockpilePrior to the start of each annual influenza

				season (as determined by the Secretary), the Secretary is authorized to

				purchase and store from multiple manufacturers an amount equal to not to exceed

				10 percent of the total amount of influenza vaccine, including one or more

				active vaccine antigen ingredients in bulk or filled form, that is designated

				for production by the Advisory Committee for placement in the strategic

				national stockpile under section 121 of the Public Health Security and

				Bioterrorism Preparedness and Response Act of 2002. Such vaccine shall be held

				in reserve to be used in the event of a vaccine shortage in a given influenza

				season. The Secretary shall coordinate with the manufacturers involved to

				ensure that reserving amounts of vaccine for the stockpile does not interfere

				with the early season delivery or early season administration of vaccine to

				high priority populations (as defined by the Advisory Committee on Immunization

				Practices and the Centers for Disease Control and Prevention) (referred to in

				this subtitle as high priority populations).

								2142.Vaccine

				buyback program

								(a)In

				generalThe Secretary shall establish an influenza vaccine

				buyback protocol under which the Secretary may enter into buyback contracts

				with manufacturers of influenza vaccine to purchase such manufacturers' excess

				stocks of influenza vaccine so long as such vaccine has been manufactured in

				accordance with the recommendations of the Advisory Committee for the

				production of seasonal influenza vaccine.

								(b)ManufacturersThe

				Secretary shall have the discretion to award buyback contracts under subsection

				(a) to several influenza vaccine manufacturers in a manner consistent with the

				goal of providing stability in the influenza vaccine market, as long as the

				Federal Government purchases not more than 50 percent of the excess influenza

				vaccine stock of any single manufacturer at market price.

								(c)Cooperation

				with manufacturers, distributors, and wholesalersAs a condition

				of participation in the buyback program under this section, the Director of the

				Centers for Disease Control and Prevention shall work in cooperation with

				influenza vaccine manufacturers and wholesalers and distributors within the

				chain of custody from factory to health care institution or health care

				providers to share pertinent information that will allow for the tracking of

				influenza vaccine, maximize the delivery and availability of influenza vaccines

				to high priority populations, and ensure that influenza vaccine is delivered on

				an equitable basis, particularly in times of vaccine shortages.

								(d)ConfidentialityThe

				information submitted to the Centers for Disease Control and Prevention or its

				contractors, if any, under subsections (c) and (d) shall remain confidential in

				accordance with the exception from the public disclosure of trade secrets,

				commercial or financial information, and information obtained from an

				individual that is privileged and confidential, as provided for in section

				552(b)(4) of title 5, United States Code, and subject to the penalties and

				exceptions under sections 1832 and 1833 of title 18, United States Code,

				relating to the protection and theft of trade secrets, and subject to privacy

				protections that are consistent with the regulations promulgated under section

				264(c) of the Health Insurance Portability and Accountability Act of 1996. None

				of such information provided by a manufacturer, wholesaler, or distributor

				shall be disclosed without its consent to another manufacturer, wholesaler, or

				distributor, or shall be used in any manner to give a manufacturer, wholesaler,

				or distributor a proprietary advantage over its competitors.

								(e)Ability to

				negotiateThe Secretary shall have the ability to negotiate, on a

				case-by-case basis, the submission of information under subsection (c), as long

				as the information provided will achieve the goals of tracking of the influenza

				vaccine, maximizing the delivery and availability of influenza vaccines to high

				priority populations, and ensuring that influenza vaccine is delivered on an

				equitable geographical basis, particularly in times of vaccine

				shortages.

								(f)Notice

									(1)In

				generalFor purposes of maintaining and administering the supply

				of vaccines described under subsection (a), the Secretary shall by contract

				require that a manufacturer of a vaccine included in such supply provide not

				less than 12 months notice to the Secretary of a purposeful discontinuance of

				the manufacture of such vaccine by the manufacture of the vaccine.

									(2)Reduction of

				period of noticeThe notification period required under paragraph

				(1) shall not apply in a case in which vaccine production is interrupted

				because of unforeseen manufacturing concerns.

									2143.Antiviral

				purchase program

								(a)In

				generalThe Secretary shall

				increase the amount of antiviral medications contained in the strategic

				national stockpile under section 121 of the Public Health Security and

				Bioterrorism Preparedness and Response Act of 2002, in such amounts as

				necessary, as determined appropriate in consultation with the Director of the

				Centers for Disease Control and Prevention, to provide adequate protection to

				not less than those responding to an influenza epidemic.

								(b)Pediatric

				antiviralThe Secretary is

				encouraged to work with all relevant Federal agencies and the private sector to

				develop and approve an antiviral for use in the pediatric population.

								2144.Authorization

				of appropriations

								There are

				authorized to be appropriated such sums as may be necessary to carry out this

				subtitle in each of fiscal years 2007 through

				2011.

								.

				IIFood and Drug

			 Administration assistance to manufacturers

			201.Amendment to

			 the Food, Drug, and Cosmetic Act

				Chapter IX of

			 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 391 et seq.) is amended by

			 adding at the end the following:

						909.Provisions

				relating to influenza vaccine manufacturers

							(a)Assistance and

				technical training branchThe

				Secretary shall expand and strengthen the activities of the Manufacturer

				Assistance and Technical Training Branch at the Center for Biologics Evaluation

				and Research of the Food and Drug Administration to provide for the

				dissemination of information, and to provide technical guidance, to entities

				seeking to comply with regulations of the Secretary relating to the production

				of biologic materials, particularly influenza vaccine.

							(b)Technical

				assistance grants

								(1)In

				generalThe Secretary, in

				consultation with the Commissioner, shall award technical assistance grants to

				entities seeking to—

									(A)enter the United States influenza vaccine

				market;

									(B)expand their vaccine production capacity

				for the United States influenza vaccine market; or

									(C)improve their ability to remain within the

				United States influenza vaccine market.

									(2)ActivitiesAmounts awarded under grants under

				paragraph (1) shall be used for one or more of the following activities:

									(A)Establishing or

				making capital improvements in technology, machinery, or production capacity to

				vaccine manufacturing facilities located within the United States to enable

				such facilities to comply with the regulations of the Food and Drug

				Administration.

									(B)The training of

				employees of United States-based vaccine manufacturing facilities in vaccine

				production methods.

									(C)Any other

				activities approved by the Commissioner as assisting with the goal of

				increasing manufacturer participation in the vaccine market and improving

				domestically-based vaccine manufacturing capacity.

									(c)Provisions

				related to the emergency acquisition of vaccines

								(1)Increased

				communicationThe Food and Drug Administration shall carry out

				activities to increase communication between the agency and the scientific

				community regarding vaccine development and regulation, including participation

				in conferences on the science related to infectious diseases, influenza,

				biologic manufacturing, and other issues as determined appropriate by the

				Director of the Center for Biologics Evaluation and Research.

								(2)Regulatory

				roadmapThe Commissioner, in consultation with the Director of

				the Centers for Disease Control and Prevention, the Secretary, and other

				agencies or participants as determined appropriate by the Secretary, shall

				develop a regulatory roadmap to address the following issues surrounding

				emergency use authorization of influenza vaccine, as determined by the

				Secretary during a public health emergency involving an actual or imminent

				outbreak of naturally occurring or engineered seasonal influenza:

									(A)Policies for the

				emergency use authorization of influenza vaccine that is produced and sold in

				other countries so that such vaccine may be imported into the United States by

				the United States government during a vaccine shortage.

									(B)Policies for the

				facilitation of the distribution of any such vaccine imported into the United

				States during a vaccine shortage, including the interstate transportation,

				allocation and equitable distribution of vaccine among high priority

				populations (as defined by the Advisory Committee on Immunization Practices and

				the Centers for Disease Control and Prevention) during an emergency use

				situation.

									(C)Policies for the

				communication and coordination of a response to an emergency use authorization

				with State and local health departments, including guidelines for notification

				of such entities in such situations.

									(D)Policies for the

				emergency use authorization of vaccines that are in clinical development in

				both the United States and other countries, including clarification of IND

				protocols for such vaccines, particularly those using new vaccine development

				technologies.

									(3)ConsultationIn

				developing the roadmap under paragraph (2), the Commissioner shall solicit

				input from private and nonprofit stakeholders, including State and local health

				officials, and such input shall include recommendations for developing

				emergency use authorization guidelines that maintain the scientific and

				regulatory standards of the Food and Drug Administration.

								(4)Standing

				orders

									(A)DevelopmentThe

				Secretary shall direct the Centers for Disease Control and Prevention, in

				conjunction with State and local health departments and representatives of

				State medical boards and nursing examiners, to develop and publish a model

				standing order that will, at a minimum, address the need for standing orders to

				administer influenza vaccine in hospitals, nursing homes, and by home health

				care providers. The Centers for Disease Control and Prevention is encouraged to

				expand such a model standing order to take into account—

										(i)the

				administration of other Medicare covered vaccines; and

										(ii)the delivery of

				influenza vaccine to patients in children's hospitals or other institutions

				serving the long-term care needs of a pediatric population.

										(B)ImplementationNot

				less than 1 year after the publication of the standing order under paragraph

				(A), States shall be required to implement such standing order in order to be

				eligible to receive grants under this Act.

									(C)Rule of

				constructionNothing in this paragraph shall be construed as

				precluding the application of State laws, so long as such laws don not restrict

				the implementation of this requirements of the

				Influenza Vaccine Security Act of

				2005 (and the amendments made by such Act).

									(d)Authorization

				of appropriations

								(1)In

				generalThere are authorized to be appropriated to carry out this

				section, $75,000,000 for each of fiscal years 2007 through 2011.

								(2)Use of

				fundsThe Secretary shall ensure that $5,000,000 of the amount

				appropriated under paragraph (1) for fiscal year 2007, and such sums as may be

				necessary for each of fiscal years 2008 through 2011, shall be made available

				for the purpose of increasing the ability of the Food and Drug Administration

				to provide the technical assistance and take advantage of the training

				opportunities as designated in this

				section.

								.

				IIIVaccine

			 development research and coordination

			301.Increased

			 funding for new and existing vaccine development researchSubpart 6 of part C of title IV of the

			 Public Health Service Act (42 U.S.C. 285f et seq.) is amended by adding at the

			 end the following:

					447C.Increased

				funding for new and existing vaccine development research

						(a)New

				research

							(1)Solicitation of

				proposalsThe Institute shall

				solicit proposals for research into improved technologies for influenza vaccine

				development, including a permanent influenza vaccine. The Secretary, acting

				through the Director of the Institute may award grants to fund such

				proposals.

							(2)PriorityIn funding proposals submitted under

				paragraph (1), the Institute shall give priority to proposals for research that

				contributes to the goal of providing marketable influenza vaccine alternatives

				within the 10-year period after the date of enactment of this section.

							(b)Existing

				research

							(1)In

				generalThe Director of the Institute, acting jointly with the

				Director of Intramural Research at the Institute and the Scientific Director of

				the Vaccine Research Program at the Institute, and in consultation with any

				other officials determined appropriate by the Director, shall review vaccine

				development research that is being conducted under grants awarded by the

				Institute to identify research that could provide the United States with

				improved technologies for vaccine production that could be marketed within the

				United States within the 10-year period beginning on the date of enactment of

				this section.

							(2)Supplementary

				fundingThe Director of the Institute shall provide supplementary

				grant funding to the research identified under paragraph (1) that the Director

				determines could result in the production described in such paragraph.

							(3)Authorization

				of appropriationsThere is

				authorized to be appropriated to carry out this section, $100,000,000 for each

				of fiscal years 2007 through

				2011.

							.

			302.Authority of

			 the National Immunization Program for coordination of, education, outreach, and

			 communication across HHSSection 2102 of the Public Health Service

			 Act (42 U.S.C. 300aa–2) is amended—

				(1)in subsection (a), by adding at the end the

			 following:

						(10)Coordination

				of supportThe Director of the Program shall—

							(A)coordinate

				education, outreach, and communication efforts in regard to all influenza

				vaccine research activities within the Department in support of the goal

				of—

								(i)increasing

				overall influenza vaccination rates in the United States, particularly those of

				high priority populations (as defined by the Advisory Committee on Immunization

				Practices and the Centers for Disease Control and Prevention) and health care

				providers,

								(ii)ensuring that

				safe and effective marketable vaccines produced with improved technologies that

				supplement the current egg-based system of production shall be available within

				the 10-year period after the enactment of this paragraph; and

								(iii)any other

				vaccine promotion activities as directed by the Secretary;

								(B)coordinate

				educational efforts under this paragraph with the National Vaccine Program

				Office, State and local health departments, the National Institutes of Health,

				and all other relevant Federal and other entities as designated by the

				Director; and

							(C)provide an annual

				report to Congress on the progress being made toward the goals described in

				subparagraph (A).

							;

				and

				(2)by adding at the

			 end the following:

						(c)Appropriations

				for coordination of influenza vaccine outreach activitiesThere

				is authorized to be appropriated to carry out activities under subsection

				(a)(10), $2,000,000 for each of fiscal years 2007 through

				2011.

						.

				IVIncreased

			 influenza vaccine and outbreak surveillance activities

			401.Tracking

			 network and demonstration grantsTitle III of the Public Health Service Act

			 is amended by inserting after section 319B (42 U.S.C. 247d–2) the

			 following:

					319B–1.Tracking

				network and demonstration grants

						(a)Tracking

				system

							(1)EstablishmentNot later than 2 years after the date of

				enactment of this section, the Director of the Centers for Disease Control and

				Prevention, in conjunction with State and local public health officials, shall

				establish an electronic tracking system through which the Director and such

				officials can determine the amount of influenza vaccine that is available for

				distribution to patients, as well as the need for such vaccine on a

				county-by-county basis, and the progress of vaccine delivery and distribution

				efforts at the State and local level.

							(2)EstimatesThe

				tracking system established under paragraph (1) shall collect estimates of the

				size of high priority populations (as defined by the Advisory Committee on

				Immunization Practices and the Centers for Disease Control and Prevention)

				(referred to in this section as high priority populations) in

				each county in the United States, so as to better determine where influenza

				vaccine resources may need to be directed in the case of an emergency.

							(3)Provision of

				informationTo be eligible to participate in buyback programs the

				vaccine manufacturer shall provide information to the tracking system as the

				Director of the Centers for Disease Control and Prevention determines

				appropriate in accordance with subtitle 3 of title XXI.

							(4)DatabaseIn

				consultation with manufacturers, distributors, wholesalers, and State and local

				health departments, the Secretary shall develop guidelines for the development

				and use of a database in order to maintain confidentiality and ensure that none

				of the information provided under paragraph (3) and contained in the database

				can be used to provide a proprietary advantage within the vaccine market while

				allowing State and local health officials such information to maximize the

				delivery and availability of vaccines to high priority populations.

							(b)Expansion of

				current systems and activities

							(1)Surveillance

				systemNot later than 4 years after the date of enactment of this

				section, the Director of the Centers for Disease Control and Prevention shall

				upgrade the influenza surveillance system of the Centers for Disease Control

				and Prevention to report influenza data from State and local health departments

				into the tracking system established under subsection (a)(1).

							(2)Educational

				materialsThe tracking system shall contain information to assist

				users in accessing influenza education, outreach, and communications tools,

				such as those developed and financed under the

				Influenza Vaccine Security Act of

				2005 (and the amendments made by such Act).

							(3)Emergency

				provider databaseThe Director of the Centers for Disease Control

				and Prevention shall coordinate access to, in conjunction with State and local

				health departments and State licensing boards for health professionals, a

				database registry of medical personnel who can provide services in the event of

				a health emergency, including pandemic influenza or an influenza vaccine

				shortage. Such information shall be made available through the tracking

				network.

							(c)Demonstration

				grants

							(1)In

				generalThe Director of the Centers for Disease Control and

				Prevention shall award demonstration grants to State and local health

				departments to enable such departments to enter into contract with hospitals,

				community health centers, long-term care facilities, physicians’ offices, and

				health care facilities operated or funded by such departments to assist such

				entities in upgrading their information technology, infrastructure, and

				workforce in a manner that will allow such entities to improve their ability to

				report and track influenza vaccine dissemination.

							(2)PriorityIn

				awarding grants under paragraph (1), priority shall be given to entities that

				serve high priority populations in medically underserved areas.

							(d)Authorization

				of appropriationsThere are authorized to be appropriated—

							(1)to carry out

				subsection (a), $100,000,000 for each of fiscal years 2007 through 2011, of

				which $500,000 for each fiscal year shall be made available to implement

				subsection (b)(3); and

							(2)to carry out

				subsection (c), $100,000,000 for each of fiscal years 2007 through

				2011.

							.

			VFlu

			 vaccine outreach and education

			501.Educational

			 efforts and grantsTitle III

			 of the Public Health Service Act is amended by inserting after section 319B–1

			 (as added by section 401) the following:

					319B–2.Immunization

				educational efforts and grants

						(a)In

				generalThe Director of the Centers for Disease Control and

				Prevention, in conjunction with State and local health departments, shall

				revise and expand the influenza-related educational materials to the Centers

				for Disease Control and Prevention, and facilitate the use of such materials by

				health care providers and patients. The Director is authorized to coordinate

				such educational efforts with nonprofit provider and patient advocacy

				groups.

						(b)Influenza

				vaccine education and outreach

							(1)In

				generalIn order to achieve

				an optimal balance in the influenza vaccine market, and to ensure that the

				recommendations of the Advisory Committee on Immunization Practices to the

				Centers for Disease Control and Prevention for vaccine administration are

				carried out to the maximum extent possible, the Director of the Centers for

				Disease Control and Prevention, in conjunction with State and local health

				departments, shall carry out influenza immunization education and outreach

				activities that target physicians and other health care providers, health

				insurance providers, health care institutions and patients, particularly those

				in high priority populations (as defined by the Advisory Committee on

				Immunization Practices and the Centers for Disease Control and Prevention)

				(referred to in this section as high priority

				populations).

							(2)Types of

				activitiesThe education and

				outreach activities under paragraph (1) shall include—

								(A)activities to

				encourage voluntary participation in influenza vaccination programs, with the

				goal of increasing overall influenza vaccination rates in the United States,

				achieving full influenza vaccination of all high priority populations, and full

				use of each season’s influenza vaccine supply;

								(B)the provision of

				information on influenza prevention;

								(C)activities to

				increase the number of healthcare providers who receive influenza vaccines each

				year; and

								(D)other influenza

				educational efforts determined appropriate by the Director.

								(c)GrantsThe

				Director of the Centers for Disease Control and Prevention may award grants to

				State and local health departments to carry out activities to encourage

				individuals, particularly those from high priority populations, to seek out

				influenza vaccinations.

						(d)CollaborationState

				and local health departments that receive grants under subsection (b) are

				encouraged to collaborate on projects with physicians and other health care

				providers, health insurance providers, health care institutions, and groups

				representing high priority populations.

						(e)Authorization

				of appropriationsIn addition to any amounts otherwise available

				through the Secretary for influenza outreach and education, there is authorized

				to be appropriated to carry out this section, $10,000,000 for each of fiscal

				years 2007 through

				2011.

						.

			VICompensation

			601.CompensationSection 224 of the

			 Public Health Service Act (42 U.S.C.

			 233) is amended by adding at the end the following:

					(q)Manufacture,

				administration, and use of pandemic influenza technologies

						(1)DefinitionsIn

				this subsection:

							(A)Covered

				personThe term covered person means—

								(i)a

				manufacturer of a qualified pandemic influenza technology;

								(ii)a distributor of

				a qualified pandemic influenza technology;

								(iii)a hospital,

				clinic, and other healthcare entity under whose auspices a qualified pandemic

				influenza technology is administered;

								(iv)a licensed

				health care professional or other individual authorized to administer a

				qualified pandemic influenza technology under State law; and

								(v)any official,

				agent, or employee of any of the entities described in clauses (i) through

				(iv), or of a State or locally administered health plan, or a volunteer acting

				under a publicly funded health program, who is acting within the scope of his

				or her agency or employment.

								(B)Pandemic

				influenza technologyThe term pandemic influenza

				technology means any vaccine product developed or procured for the

				specific purpose of preventing or treating pandemic influenza or any vaccine

				product limiting the harm such pandemic might otherwise cause.

							(C)Qualified

				pandemic influenza technologyThe term qualified pandemic

				influenza technology means a pandemic influenza technology that has been

				designated by the Secretary in accordance with paragraph (2).

							(2)Designation by

				Secretary

							(A)In

				generalThe Secretary may designate a pandemic influenza

				technology as a qualified pandemic influenza technology if the Secretary

				determines that there is a public health emergency involving an actual or

				imminent outbreak of naturally occurring or engineered pandemic influenza and

				requiring the manufacture, distribution, and administration of pandemic

				influenza technology.

							(B)Recommended

				designationA person may recommend to the Secretary at any time

				the designation of a technology under subparagraph (A) and may provide data and

				information to support such recommendation.

							(C)Effective

				periodThe Secretary shall specify in a designation under this

				paragraph the beginning and ending dates of the effective period of such

				designation, and may subsequently amend such designation to shorten or extend

				such effective period.

							(D)PublicationThe

				Secretary shall provide for the publication of each designation under this

				paragraph, and each amendment thereto, in the Federal Register. Such

				designation or amendment shall take effect immediately upon such publication

				and shall not be subject to the provisions of section 553 of title 5, United

				States Code, concerning prior notice and opportunity for comment.

							(E)Vaccine injury

				compensation programNothing in this Act shall be construed to

				supersede the authority of the Vaccine Injury Compensation Program in regards

				to vaccine products on the table, such as trivalent influenza vaccine.

							(3)Liability of

				United States

							(A)In

				generalFor purposes of this section, a covered person shall be

				deemed to be an employee of the Public Health Service with respect to liability

				for personal injury or death arising out of the manufacture, administration, or

				use of a qualified pandemic influenza technology. The liability of the United

				States under this subsection shall be as set forth in section 1346(b) and

				chapter 171 of title 28, United States Code, except—

								(i)as otherwise

				provided in this section; and

								(ii)that the

				liability of the United States may be based on any cause of action seeking

				compensation for harm allegedly arising out of the manufacture, administration,

				or use of a qualified pandemic influenza technology, regardless of whether such

				cause of action is alleged as negligence, strict liability in tort, breach of

				warranty, failure to warn, or other action.

								(B)ScopeFor

				purposes of this section, any activity reasonably related to the manufacture,

				distribution, or administration of a qualified pandemic influenza technology

				shall be considered to be a medical, surgical, dental, or related function

				within the scope of the covered person’s employment by the Public Health

				Service.

							(C)Governing

				lawNotwithstanding the provisions of section 1346(b)(1) and

				chapter 171 of title 28, United States Code, as they relate to governing law,

				the liability of the United States as provided in this subsection shall be in

				accordance with the law of the place of injury.

							(D)Military

				personnel and united states citizens oversees

								(i)Military

				personnelThe liability of the United States as provided in this

				subsection shall extend to claims brought by United States military

				personnel.

								(ii)Claims arising

				in a foreign countryNotwithstanding the provisions of section

				2680(k) of title 28, United States Code, the liability of the United States as

				provided in this subsection shall extend to claims based on injuries arising in

				a foreign country where the injured party is a member of the United States

				military, is the spouse or child of a member of the United States military, or

				is a United States citizen.

								(iii)Governing

				lawWith regard to all claims brought under clause (ii), and

				notwithstanding the provisions of section 1346(b)(1) and chapter 171 of title

				28, United States Code, and of subparagraph (C), as they relate to governing

				law, the liability of the United States as provided in this subsection shall be

				in accordance with the law of the claimant's domicile in the United States or

				most recent domicile within the United States.

								(4)Exclusivity of

				remedyThe remedy provided for by this section shall be exclusive

				of any other civil action or proceeding against a covered person, for personal

				injury or death arising out of the manufacture, administration, or use of a

				qualified pandemic influenza technology during the effective period of the

				designation under paragraph (2).

						(5)Covered person

				to cooperate with United States

							(A)In

				generalA covered person shall cooperate with the United States

				in the processing and defense of a claim or action under this subsection based

				upon the acts or omissions of such person.

							(B)Consequences of

				failure to cooperateUpon the motion of the United States or any

				other party and upon a finding that a covered person has failed to cooperate

				with the United States as provided for in subparagraph (A)—

								(i)the court shall

				substitute such person as the party defendant in place of the United States

				and, upon motion, shall remand any such suit to the court in which it was

				instituted if it appears that the court lacks subject matter

				jurisdiction;

								(ii)the United

				States shall not be liable based on the acts or omissions of such person;

				and

								(iii)the Attorney

				General shall not be obligated to defend such action.

								(6)Recourse

				against covered persons in case of gross misconduct or material breach of

				contract

							(A)In

				generalIf payment is made by the United States to any claimant

				bringing a claim against a covered person under this subsection, either by way

				of administrative determination, settlement, or court judgment, the United

				States shall have, notwithstanding any provision of State law, the right to

				recover for that portion of the damages so awarded or paid, as well as interest

				and any costs of litigation, resulting from—

								(i)such covered

				person’s intentional breach of a procurement contract, so long as such breach

				was materially related to the injury that is the subject of the claim,

				or

								(ii)any grossly

				negligent or reckless conduct, or willful misconduct, on the part of such

				covered person, so long as such conduct or misconduct was materially related to

				the injury that is the subject to the claim.

								(B)Action by the

				United StatesThe United States may maintain an action under this

				paragraph against a covered person described in subparagraph (A) in the

				district court of the United States in which such person resides or has its

				principal place of

				business.

							.


117 S1680 IS: All Station Accessibility Program Act of 2021
U.S. Senate
2021-05-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1680IN THE SENATE OF THE UNITED STATESMay 18, 2021Ms. Duckworth (for herself, Mr. Brown, and Mr. Casey) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo amend chapter 53 of title 49, United States Code, to provide competitive grants to assist State and local governmental authorities in addressing accessibility needs of legacy rail fixed guideway public transportation systems.1.Short titleThis Act may be cited as the All Station Accessibility Program Act of 2021 or the ASAP Act.2.Competitive grants for accessibility upgrades to legacy rail fixed guideway public transportation systems(a)In generalChapter 53 of title 49, United States Code, is amended by inserting after section 5315 the following:5316.Accessibility grants for legacy rail fixed guideway public transportation systems(a)DefinitionsIn this section—(1)the term center for independent living has the meaning given the term in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a);(2)the term disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102);(3)the term eligible entity means a State or local governmental authority; (4)the term legacy rail fixed guideway public transportation system—(A)means a rail fixed guideway public transportation system that was in operation before July 26, 1990; and(B)includes a commuter rail system that uses stations or facilities for passenger use constructed before the date described in subparagraph (A); and(5)the term protection and advocacy system means such a system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).(b)GrantsThe Secretary may make grants under this section to assist eligible entities in financing capital projects to upgrade the accessibility of legacy rail fixed guideway public transportation systems for persons with disabilities, including those who use wheelchairs, by increasing the number of existing (as of the date of enactment of the ASAP Act) stations or facilities for passenger use that meet (including exceeding) the new construction standards of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.).(c)Eligible costs(1)In generalSubject to paragraph (2), an eligible entity may use a grant awarded under this section—(A)for a project to repair, improve, or relocate infrastructure of stations or facilities for passenger use, including load-bearing members that are an essential part of the structural frame;(B)to develop or modify a plan for pursuing public transportation accessibility projects, including—(i)assessments of accessibility or assessments of planned modifications to stations or facilities for passenger use, performed by the protection and advocacy system for persons with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring people with disabilities are able to live in and participate in their communities; or(ii)coordination by the recipient with such protection and advocacy system, center for independent living, or similar nonprofit organization; or(C)to carry out other projects that meet (including exceeding) the new construction standards of title II of the Americans with Disabilities Act of 1990.(2)LimitationEligible costs for a project funded with a grant awarded under this section shall be limited to the costs associated with carrying out the purpose authorized under subsection (b).(d)Eligible stations or facilities for passenger useAn eligible entity—(1)may not use a grant awarded under this section to upgrade a station or facility for passenger use that is accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, consistent with current (as of the date of the upgrade) new construction standards under title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.); and(2)may use the grant to upgrade a station or facility for passenger use that is not accessible and usable as described in paragraph (1), even if the related service, program, or activity, when viewed in its entirely, is readily accessible and usable as so described.(e)Accessibility commitmentAn eligible entity that receives a grant under this section shall adopt a plan under which the entity commits to pursuing public transportation accessibility projects that—(1)enhance the customer experience and maximize accessibility of rolling stock and stations or facilities for passenger use for individuals with disabilities, including—(A)accessibility for individuals with physical disabilities, including those who use wheelchairs;(B)accessibility for individuals with sensory disabilities; and(C)accessibility for individuals with intellectual or developmental disabilities;(2)improve the operations of, provide efficiencies of service to, and enhance the public transportation system for individuals with disabilities; and(3)address equity of service to all riders regardless of income, age, race, or ability, taking into account historical and current service gaps for low-income riders, older individuals, riders from communities of color, and riders with disabilities.(f)Coordination with disability advocacy entitiesIn administering grants under this section, the Secretary shall encourage—(1)coordination between recipients and disability advocacy entities such as the protection and advocacy system for persons with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring people with disabilities are able to live in and participate in their communities; and(2)assessments of accessibility or assessments of planned modifications to stations or facilities for passenger use, performed by such an advocacy entity, to the extent merited by the scope of the capital project of the recipient proposed to be assisted under this section.(g)Government share of costsA grant for a project under this section shall be for 90 percent of the net project cost of the project. The recipient may provide additional local matching amounts..(b)Authorization of appropriationsSection 5338 of title 49, United States Code, is amended—(1)by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and(2)by inserting after subsection (f) the following:(g)Accessibility grants for legacy rail fixed guideway public transportation systemsThere are authorized to be appropriated to carry out section 5316, $1,000,000,000 for fiscal year 2022 and each fiscal year thereafter..(c)Technical and conforming amendmentThe table of sections for chapter 53 of title 49, United States Code, is amended by inserting after the item relating to section 5315 the following:5316. Accessibility grants for legacy rail fixed guideway public transportation systems..