109 HR 3038 IH: Guantanamo Detainees Procedures Act of 2005
U.S. House of Representatives
2005-06-22
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.

I
109th CONGRESS
1st Session
H. R. 3038
IN THE HOUSE OF REPRESENTATIVES

June 22, 2005
Mr. Schiff (for himself, Mr. Udall of Colorado, and Mr. Owens) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on the Judiciary, 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 affirm the authority of the executive branch to detain foreign nationals as unlawful combatants, to enable a person detained as an unlawful combatant to challenge the basis for that detention and to receive a disposition within 2 years, to provide for the President to establish military tribunals to try such persons, and for other purposes.

1.Short titleThis Act may be cited as the Guantanamo Detainees Procedures Act of 2005.
2.Authority of executive branch to detain persons covered by this Act as unlawful combatants
(a)FindingCongress finds that the executive branch has authority to detain persons covered by this Act as unlawful combatants.
(b)Persons covered by this ActIn this Act, the term person covered by this Act means an individual who—
(1)is accused of knowingly—
(A)planning, authorizing, committing, aiding, or abetting one or more terrorist acts against the United States; or
(B)being part of or supporting forces engaged in armed conflict against the United States;
(2)is not a United States person or lawful permanent resident; and
(3)is not a prisoner of war within the meaning of the Geneva Convention Relative to the Treatment of Prisoners of War, done on August 12, 1949.
3.Right of person detained as unlawful combatant or on similar basis to challenge that basis
(a)In generalWhenever the United States detains a person covered by this Act on the basis of a determination that the person can be detained as an unlawful combatant or can be detained on any similar basis, the person is entitled to a hearing under this section as expeditiously as practicable but not later than 6 months after the date on which the United States first made the determination.
(b)Requirements for hearingA hearing required by subsection (a) must meet the following requirements:
(1)The hearing officer is an active member of one of the Courts of Criminal Appeals of the Armed Forces.
(2)The hearing officer has authority to decide de novo whether the basis of a determination under subsection (a) is valid and to grant appropriate relief if the hearing officer decides that the basis is invalid.
(3)The hearing officer is impartial in fact, and is in a position independent from—
(A)the individuals who first determined that the person can be detained; and
(B)the individuals on whose orders the person is being detained.
(4)The person is provided with access to the evidence that tends to support the determination that the person can be detained.
(5)The person is provided with an opportunity to address the hearing officer, and is provided with an interpreter for that purpose.
(c)Administrative reviewThe Secretary of Defense shall conduct administrative review of the activities of a hearing officer under this section.
4.Right of person detained to disposition within 2 years
(a)In generalWhenever the United States detains a person covered by this Act on the basis of a determination that the person can be detained as an unlawful combatant or can be detained on any similar basis, the person is entitled to a disposition under this section not later than 2 years after the date on which the United States first made the determination.
(b)Requirements for dispositionA disposition under this section is any one of the following:
(1)Repatriation to the governing authority in the area in which the person was first detained or the person’s country of origin, except where there are substantial grounds to believe that the person would be in danger of being subjected to torture.
(2)The commencement, by formal charges, of prosecution in an appropriate court, which may include an extraordinary tribunal under section 5 of this Act, an international criminal tribunal, or a district court of the United States.
(c)Extension
(1)CertificationThe period required by subsection (a) for the repatriation of the person or the commencement of formal charges may be extended if the Secretary of Defense certifies, in writing, with respect to the person that the Secretary of Defense has determined that the person is a continuing threat to the national security of the United States due to a likelihood that the person will undertake terrorist or belligerent acts against the United States based on the person’s past conduct, level of authority within the group or organization, statement and actions during confinement, age and health, psychological profile, and other pertinent factors, and the repatriation of the person or the commencement of formal charges will compromise the national security of the United States by curtailing intelligence gathering from the person, jeopardize intelligence sources necessary to prosecute the person, or other extraordinary circumstances justify the extension.
(2)Detailed basisA certification under this subsection must include a detailed account of the factual basis for that determination.
(3)Access to certificationA person covered by a certification under this subsection is entitled to an unclassified copy of the certification.
(4)Duration of certificationA certification under this subsection is effective for not more than 1 year. The Secretary may make successive certifications with respect to a person so long as each additional certification is made while an imminent threat to national security continues to be posed by the group or organization in which the person is a member or by other persons associated with, or acting on behalf of, the group, organization, or person.
(5)Judicial reviewThe United States Court of Appeals for the Armed Forces shall provide judicial review with respect to any issue under this subsection, including whether the determination of the Secretary under paragraph (1) is justified by the factual basis under paragraph (2).
5.Extraordinary tribunals
(a)AuthorityThe President is hereby authorized to establish tribunals for the trial of persons covered by this Act.
(b)JurisdictionTribunals established under subsection (a) may adjudicate violations of the law of war, international laws of armed conflict, and crimes against humanity targeted against United States persons or residents.
(c)Authority to establish procedural rulesThe Secretary of Defense, in consultation with the Secretary of State and the Attorney General, shall prescribe and publish in the Federal Register, and report to the Committees on the Judiciary of the Senate and the House of Representatives, the rules of evidence and procedure that are to apply to tribunals established under subsection (a).
6.Procedural requirements
(a)In generalThe rules prescribed for a tribunal under section 5(c) shall be designed to ensure a full and fair hearing of the charges against the accused. The rules shall require the following:
(1)That the tribunal be independent and impartial.
(2)That the accused be notified of the particulars of the offense charged or alleged without delay.
(3)That the proceedings be made simultaneously intelligible for participants not conversant in the English language by translation or interpretation.
(4)That the evidence supporting each alleged offense be given to the accused, except as provided in subsection (d).
(5)That the accused have the opportunity to be present at trial.
(6)That the accused have a right to be represented by counsel.
(7)That the accused have the opportunity—
(A)to respond to the evidence supporting each alleged offense;
(B)to obtain exculpatory evidence from the prosecution; and
(C)to present exculpatory evidence.
(8)That the accused have the opportunity to confront and cross-examine adverse witnesses and to offer witnesses.
(9)That the proceeding and disposition be expeditious.
(10)That the tribunal apply reasonable rules of evidence designed to ensure admission only of reliable information or material with probative value.
(11)That the accused be afforded all necessary means of defense before and after the trial.
(12)That conviction of an alleged offense not be based upon an act, offense, or omission that was not an offense under law when it was committed.
(13)That the penalty for an offense not be greater than it was when the offense was committed.
(14)That the accused—
(A)be presumed innocent until proven guilty, and
(B)not be found guilty except upon proof beyond a reasonable doubt.
(15)That the accused not be compelled to confess guilt or testify against himself.
(16)That, subject to subsections (c) and (d), the trial be open and public and include public availability of the transcripts of the trial and the pronouncement of judgment.
(17)That a convicted person be informed of remedies and appeals and the time limits for the exercise of the person’s rights to the remedies and appeals under the rules.
(18)That a preliminary proceeding be held within 30 days of detention to determine whether there is jurisdiction under section 4 over the person and the offenses charged. The preliminary proceeding may be continued for an additional 30 days for good cause shown.
(19)That the privilege of the writ of habeas corpus under title 28, United States Code, or under any other provision of law not be infringed.
(20)That the tribunal be comprised of a military judge and not less than five members.
(b)Imposition of the death penaltyThe requirements of the Uniform Code of Military Justice for the imposition of the death penalty shall apply in any case in which a tribunal established under section 5 is requested to adjudge the death penalty.
(c)Public proceedingsAny proceedings conducted by a tribunal established under section 5, and the proceedings on any appeal of an action of the tribunal, shall be accessible to the public consistent with any demonstrable necessity to secure the safety of observers, witnesses, tribunal judges, counsel, or other persons.
(d)Confidentiality of evidenceEvidence available from an agency of the Federal Government that is offered in a trial by a tribunal established under section 5 may be kept secret from the public only when the head of the agency personally certifies in writing that disclosure will cause—
(1)identifiable harm to the prosecution of military objectives;
(2)significant, identifiable harm to intelligence sources or methods; or
(3)substantial risk that such evidence could be used for planning future terrorist attacks.
(e)Review
(1)Procedures requiredThe Secretary of Defense shall provide for prompt review of convictions by tribunals established under section 5 to ensure that the procedural requirements of a full and fair hearing have been met and that the evidence reasonably supports the convictions.
(2)United States Court of Appeals for the Armed ForcesThe procedures established under paragraph (1) shall, at a minimum, allow for review of the proceedings of the tribunals, and the convictions and sentences of such tribunals, by the United States Court of Appeals for the Armed Forces established under the Uniform Code of Military Justice.
(3)Supreme CourtThe decisions of the United States Court of Appeals for the Armed Forces regarding proceedings of tribunals established under section 5 shall be subject to review by the Supreme Court by writ of certiorari.
7.Annual report on persons covered by this Act who are detained as unlawful combatants by the United States
(a)Report requiredThe Secretary of Defense shall submit to Congress an annual report on persons covered by this Act who are detained as unlawful combatants by the United States.
(b)Current detaineesThe report shall include, for each person currently so detained, the following:
(1)The name and nationality of the person.
(2)The period during which the person has been so detained.
(3)A description of the specific process afforded to the person under sections 3 and 4 of this Act and the outcome of those processes.
(c)Former detaineesThe report shall include, for each person formerly so detained, the following:
(1)The name and nationality of the person.
(2)The terms of the conditional release agreement with respect to the person.
(3)A statement of the basis for the determination of the United States Government that release was warranted.
(4)The period during which the person was so detained, including the release date of the person.
(d)ClassificationThe report required by this section shall be submitted in unclassified form, but may include a classified annex.


115 S697 IS: Tax Relief for Guard and Reserve Training Act
U.S. Senate
2017-03-22
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.

		II
		115th CONGRESS1st Session
		S. 697
		IN THE SENATE OF THE UNITED STATES

			March 22, 2017
			Mr. Daines introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to lower the mileage threshold for deduction in
			 determining adjusted gross income of certain expenses of members of
			 reserve components of the Armed Forces, and for other purposes.

 1.Short titleThis Act may be cited as the Tax Relief for Guard and Reserve Training Act. 2.Reduction of mileage threshold for deduction in determining adjusted gross income (a)In generalSubparagraph (E) of section 62(a)(2) of the Internal Revenue Code of 1986 is amended—
 (1)by striking 100 miles and inserting 50 miles, and (2)by striking for any period and inserting for any period (without regard to whether such period includes an overnight stay).
 (b)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2016. 3.Exemption from 2 percent floor on miscellaneous itemized deductions (a)In generalSubsection (b) of section 67 of the Internal Revenue Code of 1986 is amended—
 (1)by striking and at the end of paragraph (11), (2)by striking the period at the end of paragraph (12) and inserting , and, and
 (3)by adding at the end the following new paragraph:  (13)the deductions allowed by section 162 which consist of expenses paid or incurred by the taxpayer in connection with the performance of services by such taxpayer as a member of a reserve component of the Armed Forces of the United States for any period (without regard to whether such period includes an overnight stay) during which such individual is more than 50 miles away from home in connection with such services..
 (b)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2016.


109 HRES 879 IH: Expressing the sense of the House of

U.S. House of Representatives
2006-06-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		109th CONGRESS
		2d Session
		H. RES. 879
		IN THE HOUSE OF REPRESENTATIVES

			June 20, 2006
			Mr. Cleaver submitted
			 the following resolution; which was referred to the
			 Committee on Energy and
			 Commerce

		RESOLUTION
		Expressing the sense of the House of
		  Representatives that Members of the House of Representatives should use
		  alternative fuel vehicles in their professional and personal
		  lives.

		Whereas the national average price of a gallon of gasoline
			 has doubled in the past 3 years;
		Whereas the need to end the Nation’s dependence on foreign
			 oil is a vital component of homeland security;
		Whereas the world’s supply of oil is limited and unstable,
			 and therefore the need to develop new energy technologies is pressing;
		Whereas alternative sources of energy such as ethanol,
			 hydrogen, and electricity have been proven effective and efficient in powering
			 passenger vehicles;
		Whereas there have been several pieces of legislation
			 introduced in the House of Representatives to address the growing problem of
			 high gas prices and the need to utilize alternative sources of energy,
			 including the CLEAR Act, which would restrict the use of Members’
			 Representational Allowances for vehicle payments to only alternative fuel
			 vehicles;
		Whereas Members of Congress should follow their own
			 example of setting forth legislation that encourages the use of alternatively
			 fueled vehicles;
		Whereas in 2005 the total cost of automobile leases for
			 Members of Congress surpassed $1 million, and a collective switch to
			 alternative fuel vehicles, hybrid vehicles, or vehicles powered by bio-fuels
			 could potentially save American taxpayers thousands of dollars annually;
			 and
		Whereas the General Services Administration has already
			 purchased over 68,000 alternative fueled vehicles for the use of Federal
			 customers, more than any other organization in the United States: Now,
			 therefore, be it

		That it is the sense of the House of
			 Representatives that Members of the House should take the lead in reducing the
			 Nation’s dependence on foreign oil and promoting innovative energy technologies
			 by using alternative fuel vehicles in their professional and personal
			 lives.


110 HR 4818 IH: Detectives Nemorin and Andrews

U.S. House of Representatives
2007-12-18
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.

		I
		110th CONGRESS
		1st Session
		H. R. 4818
		IN THE HOUSE OF REPRESENTATIVES

			December 18, 2007
			Mr. King of New York
			 (for himself and Mr. Rangel)
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To combat illegal gun trafficking, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Detectives Nemorin and Andrews
			 Anti-Gun Trafficking Act of 2008.
		2.Illegal gun
			 traffickingSection 924 of
			 title 18, United States Code, is amended by adding at the end the
			 following:

				(q)Whoever, in or
				affecting interstate or foreign commerce in violation of subsection (a)(1)(A),
				(a)(3), (a)(6), (b)(2), (b)(3), (b)(5), (d), (g), (i), (j), (k), (m), or (n) of
				section 922 or subsection (c) or (h) of this section—
					(1)offers for sale,
				transfer, or barter 2 or more firearms, at least 2 of which are handguns,
				semiautomatic assault weapons, short-barreled shotguns, short-barreled rifles,
				or machineguns; and
					(2)at least 1 of the
				firearms—
						(A)is transported,
				received, or possessed by the person, and—
							(i)is
				stolen; or
							(ii)has had the
				importer’s or manufacturer’s serial number removed, obliterated, or altered;
				or
							(B)is offered by the
				person for sale, transfer, or barter to another person who—
							(i)is
				prohibited from possessing a firearm under subsection (g) or (n) of section
				922;
							(ii)is prohibited by
				State law from possessing a firearm;
							(iii)has not attained
				18 years of age, except as otherwise allowed under Federal or State law;
							(iv)is in a school
				zone; or
							(v)has travelled from
				any State into any other State, and acquires or attempts to acquire the firearm
				otherwise in violation of Federal or State law,
							shall be
				fined under this title, imprisoned not more than 20 years, or
				both..
		3.Expansion of
			 project safe neighborhoodsSection 104 of the 21st Century Department
			 of Justice Appropriations Authorization Act (Public Law 107–273) is
			 amended—
			(1)in subsection (a),
			 by inserting , illegal gun trafficking, after
			 violence ; and
			(2)in subsection (b),
			 by striking 2002 and inserting 2008.
			4.Report to the
			 CongressBeginning in calendar
			 year 2008, the Attorney General shall submit biennially to the Congress a
			 written report, covering the preceding 2 years, which specifies—
			(1)the State of
			 origin for each firearm, used in a crime, that was traced by the Bureau of
			 Alcohol, Tobacco, Firearms, and Explosives, and the State in which the firearm
			 was recovered;
			(2)the total number
			 of firearms so traced, by manufacturer, model, and type of firearm;
			(3)the name of
			 Federal firearms licensees who have had more than 5 firearms, used in a crime,
			 traced back to them in a single year; and
			(4)the number of
			 prosecutions for each individual offense under sections 922, 923, and 924 of
			 title 18, United States Code.
			5.Additional penalty
			 for possession of a stolen firearm during the commission of a
			 felonySection 924 of title
			 18, United States Code, as amended by section 2 of this Act, is amended by
			 adding at the end the following:

				(r)Whoever, during
				and in relation to the commission of a crime punishable by imprisonment for a
				term exceeding 1 year, receives, possesses, conceals, barters, sells, or
				disposes of any stolen firearm or stolen ammunition, in or affecting interstate
				or foreign commerce, whether or not the person is aware that the firearm or
				ammunition is stolen, shall, in addition to the punishment provided for the
				crime so punishable, be sentenced to a term of imprisonment of not more than 5
				years.
				.
		6.National Crime
			 Information Center Stolen Gun File
			(a)AvailabilityThe
			 Federal Bureau of Investigation shall make available to the Bureau of Alcohol,
			 Tobacco, Firearms, and Explosives the National Crime Information Center Gun
			 File for the purpose of enabling the Bureau of Alcohol, Tobacco, Firearms, and
			 Explosives to access the file while completing a crime gun trace.
			(b)UseThe
			 Bureau of Alcohol, Tobacco, Firearms, and Explosives shall conduct a search of
			 the National Crime Information Center Stolen Gun File with respect to each
			 firearm submitted to the Bureau of Alcohol, Tobacco, Firearms, and Explosives
			 for tracing.
			(c)Notification
			 regarding stolen firearmsIf a law enforcement agency requests
			 the Bureau of Alcohol, Tobacco, Firearms, and Explosives to trace a firearm,
			 and the National Crime Information Center Stolen Gun File indicates that the
			 firearm is stolen, then the Bureau of Alcohol, Tobacco, Firearms, and
			 Explosives shall notify the law enforcement agency of that information and
			 provide the law enforcement agency with any available information regarding the
			 owner of the firearm.
			(d)Return of stolen
			 firearms possessed by BATFEIf the Bureau of Alcohol, Tobacco,
			 Firearms, and Explosives possesses a firearm which the National Crime
			 Information Center Stolen Gun File indicates is stolen, the Bureau shall return
			 the firearm to the person who reported the firearm stolen, when the Bureau
			 determines that—
				(1)the firearm is no
			 longer needed for Federal, State, or local criminal investigation or
			 evidentiary purposes; and
				(2)the person is
			 entitled to possess the firearm.
				(e)National instant
			 stolen gun check system
				(1)EstablishmentWithin
			 2 years after the date of the enactment of this Act, the Attorney General shall
			 establish a national instant stolen gun check system that any licensee may
			 contact, by telephone or other electronic means, for information to be supplied
			 immediately on whether a firearm to be received by the licensee is
			 stolen.
				(2)Instant check of
			 status of firearms to be transferred to certain Federal firearms licensees by
			 non-licenseesIf the national
			 instant stolen gun check system is contacted by a licensee for information on
			 whether a firearm to be received by the licensee is stolen, the system shall,
			 as soon as is practicable—
					(A)conduct a search of the National Crime
			 Information Center Stolen Gun File for information about the firearm;
			 and
					(B)inform the
			 licensee whether the information available to the system indicates that the
			 firearm is stolen.
					(3)Notification of
			 licenseesOn establishment of
			 the national instant stolen gun check system under this subsection, the
			 Attorney General shall notify each licensee and the chief law enforement
			 officer of each State of the existence and purpose of the system and the means
			 to be used to contact the system.
				(4)Permanent
			 retention of recordsThe
			 national instant stolen gun check system shall create and maintain permanently
			 a record of each contact of the system, and all information provided to or by
			 the system during the contact.
				(5)DefinitionsIn this section:
					(A)LicenseeThe term licensee means a
			 licensed dealer (as defined in section 921(a)(11) of title 18, United States
			 Code), licensed importer (as defined in section 921(a)(9) of such title), or
			 licensed manufacturer (as defined in section 921(a)(10) of such title).
					(B)FirearmThe
			 term firearm has the meaning given in section 921(a)(3) of title
			 18, United States Code.
					(f)Federal firearms
			 licensee required To contact national instant stolen gun check system before
			 receiving firearm from non-licensee
				(1)In
			 generalSection 922(s) of title 18, United States Code, is
			 amended to read as follows:

						(s)(1)Beginning on the date that is 30 days after
				the Attorney General notifies licensees under section 6(e)(3) of the Detectives
				Nemorin and Andrews Anti-Gun Trafficking Act of 2008 that the national instant
				stolen gun check system is established, a licensed importer, licensed
				manufacturer, or licensed dealer shall not receive a firearm from any person
				who is not licensed under this chapter, unless—
								(A)the licensee has verified the identity
				of the person by examining a valid identification document (as defined in
				section 1028(d) of this title) of the person that satisfies the requirements of
				section 202 of the REAL ID Act of 2005;
								(B)the licensee has contacted the national
				instant stolen gun check system established under subsection (e) of such
				section 6, and provided the system with—
									(i)the name and address of the
				person;
									(ii)a description of the
				identification document referred to in subparagraph (A) of this paragraph,
				including the number appearing on the document; and
									(iii)the name of the manufacturer, and
				the caliber and serial number, of the firearm; and
									(C)(i)the system has provided
				the licensee with a unique identification number; or
									(ii)3
				business days (meaning a day on which State offices are open) have elapsed
				since the licensee contacted the system, and the system has not notified the
				licensee that the firearm is stolen.
									(2)If the system determines that the
				information available to the system does not indicate that the firearm is
				stolen, the system shall—
								(A)assign a unique identification number
				to the transaction; and
								(B)provide the licensee with the
				number.
								(3)If the system notifies the licensee that
				the information available to the system indicates that the firearm is stolen,
				the licensee shall contact the Bureau of Alcohol, Tobacco, Firearms, and
				Explosives or another law enforcement agency having jurisdiction over
				possession of stolen firearms in the dealer’s location and shall comply with
				the instructions of any such agency concerning the disposition of the firearm,
				the gathering of information relating to the offeror of the firearm, and other
				assistance in the removal of the firearm from the stream of commerce.
							(4)If the licensee knowingly receives
				the firearm from the person and knowingly fails to comply with paragraph (1)
				with respect to the receipt and, at the time of the receipt, the system was
				operating and information was available to the system indicating that the
				firearm was stolen, the Attorney General may, after notice and opportunity for
				a hearing, suspend for not more than 6 months or revoke any license issued to
				the licensee under section 923, and may impose on the licensee a civil fine of
				not more than $5,000.
							(5)(A)This subsection shall
				not be interpreted to limit any exercise of authority under subsection
				(d)(1)(C) or (e) of section 923.
								(B)In the event of a conflict between
				the provisions of this subsection and a rule or regulation issued under section
				923(j), the provisions of this subsection shall
				control.
								.
				(2)Recordkeeping
			 requirementSection 923(g)(1)(A) of such title is amended by
			 inserting after the 1st sentence the following: In the case of the
			 receipt of a firearm pursuant to section 922(s), in addition to the
			 requirements of such regulations, the importer, manufacturer, or dealer shall
			 retain a record of the information described in section 922(s)(1)(B), a copy of
			 the identification document referred to in section 922(s)(1)(A), and a record
			 of the unique identification number provided to the licensee pursuant to
			 section 922(s)(1)(C), with respect to the transaction..
				7.Additional
			 penalty for possession of a firearm with an obliterated serial number during
			 the commission of a felonySection 924 of title 18, United States Code,
			 as amended by sections 2 and 5 of this Act, is amended by adding at the end the
			 following:

				(s)Whoever, during
				and in relation to the commission of a crime punishable by imprisonment for a
				term exceeding 1 year, transports, possesses, or receives, in or affecting
				interstate or foreign commerce, a firearm which has had the importer’s or
				manufacturer’s serial number removed, obliterated, or altered, regardless of
				whether or not the person is aware of the removal, obliteration, or alteration,
				shall, in addition to the punishment provided for the crime so punishable, be
				sentenced to a term of imprisonment of not more than 5
				years.
				.
		8.Enhanced
			 penalties for the use of a stolen firearm or a firearm with an obliterated
			 serial number during the commission of a crime of violence or drug trafficking
			 crimeSection 924(c)(1)(A) of
			 title 18, United States Code, is amended—
			(1)in clause (i), by
			 inserting , or if the firearm was stolen or had the manufacturer’s
			 serial number removed, obliterated, or altered, not less than 7 years
			 after years;
			(2)in clause (ii), by
			 inserting , or if the firearm was stolen or had the manufacturer’s
			 serial number removed, obliterated, or altered, not less than 9 years
			 after years; and
			(3)in clause (iii),
			 by inserting , or if the firearm was stolen or had the manufacturer’s
			 serial number removed, obliterated, or altered, not less than 12 years
			 after years.


115 SJ 10 IS: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule submitted by the Secretary of the Interior relating to stream protection.
U.S. Senate
2017-01-30
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.

		IIA
		115th CONGRESS
		1st Session
		S. J. RES. 10
		IN THE SENATE OF THE UNITED STATES

			January 30, 2017
			Mr. McConnell (for himself, Mrs. Capito, Mr. Manchin, Ms. Heitkamp, Mr. Hoeven, Mr. Paul, Mr. Barrasso, Mr. Inhofe, Ms. Murkowski, Mr. Blunt, Mr. Sullivan, Mr. Shelby, Mr. Tillis, Mr. Johnson, Mr. Toomey, Mr. Wicker, Mr. Risch, Mr. Flake, Mr. Boozman, Mr. Daines, Mr. Crapo, Mr. Moran, Mr. Lankford, Mr. Young, Mr. Cotton, Mr. Roberts, Mr. Enzi, Mrs. Ernst, and Mr. Cornyn) introduced the following joint resolution; which was read twice and referred to the Committee on Energy and Natural Resources

		JOINT RESOLUTION
		Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the
			 final rule submitted by the Secretary of the Interior relating to stream
			 protection.

 That Congress disapproves the final rule submitted by the Secretary of the Interior relating to stream protection (81 Fed. Reg. 93066 (December 20, 2016)), and such rule shall have no force or effect.


115 HR 1876 IH: Good Samaritan Health Professionals Act of 2017
U.S. House of Representatives
2017-04-04
text/xml
EN
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I115th CONGRESS1st SessionH. R. 1876IN THE HOUSE OF REPRESENTATIVESApril 4, 2017Mrs. Blackburn (for herself, Mr. Ruppersberger, Mr. Bera, Mr. Roe of Tennessee, Mr. Bucshon, and Mr. David Scott of Georgia) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Public Health Service Act to limit the liability of health care professionals who
			 volunteer to provide health care services in response to a disaster.

 1.Short titleThis Act may be cited as the Good Samaritan Health Professionals Act of 2017. 2.Limitation on liability for volunteer health care professionals (a)In generalTitle II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by inserting after section 224 the following:

					224A.Limitation on liability for volunteer health care professionals
 (a)Limitation on liabilityExcept as provided in subsection (b), a health care professional shall not be liable under Federal or State law for any harm caused by an act or omission of the professional if—
 (1)the professional is serving as a volunteer for purposes of responding to a disaster; and (2)the act or omission occurs—
 (A)during the period of the disaster, as determined under the laws listed in subsection (e)(1); (B)in the health care professional’s capacity as a volunteer; and
 (C)in a good faith belief that the individual being treated is in need of health care services. (b)ExceptionsSubsection (a) does not apply if—
 (1)the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed by the health care professional; or
 (2)the health care professional rendered the health care services under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or an intoxicating drug.
 (c)Standard of proofIn any civil action or proceeding against a health care professional claiming that the limitation in subsection (a) applies, the plaintiff shall have the burden of proving by clear and convincing evidence the extent to which limitation does not apply.
						(d)Preemption
 (1)In generalThis section preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this section, unless such laws provide greater protection from liability.
 (2)Volunteer Protection ActProtections afforded by this section are in addition to those provided by the Volunteer Protection Act of 1997.
 (e)DefinitionsIn this section: (1)The term disaster means—
 (A)a national emergency declared by the President under the National Emergencies Act; (B)an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; or
 (C)a public health emergency determined by the Secretary under section 319 of this Act. (2)The term harm includes physical, nonphysical, economic, and noneconomic losses.
 (3)The term health care professional means an individual who is licensed, certified, or authorized in one or more States to practice a health care profession.
 (4)The term State includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States.
							(5)
 (A)The term volunteer means a health care professional who, with respect to the health care services rendered, does not receive—
 (i)compensation; or (ii)any other thing of value in lieu of compensation, in excess of $500 per year.
 (B)For purposes of subparagraph (A), the term compensation— (i)includes payment under any insurance policy or health plan, or under any Federal or State health benefits program; and
 (ii)excludes— (I)reasonable reimbursement or allowance for expenses actually incurred;
 (II)receipt of paid leave; and (III)receipt of items to be used exclusively for rendering the health services in the health care professional’s capacity as a volunteer described in subsection (a)(1)..
			(b)Effective date
 (1)In generalThis Act and the amendment made by subsection (a) shall take effect 90 days after the date of the enactment of this Act.
 (2)ApplicationThis Act applies to any claim for harm caused by an act or omission of a health care professional where the claim is filed on or after the effective date of this Act, but only if the harm that is the subject of the claim or the conduct that caused such harm occurred on or after such effective date.
 3.Sense of the CongressIt is the sense of the Congress that— (1)Federal and State agencies and licensing boards should cooperate to facilitate the timely movement of properly licensed volunteer health care professionals to areas affected by a disaster; and
 (2)the appropriate licensing entities should verify the licenses of volunteer health care professionals serving disaster victims as soon as is reasonably practical following a disaster.


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. 586

AN ACT
To direct the Librarian of Congress and the Secretary of the Smithsonian Institution to carry out a joint project at the Library of Congress and the National Museum of African American History and Culture to collect video and audio recordings of personal histories and testimonials of individuals who participated in the Civil Rights movement, and for other purposes.

1.Short titleThis Act may be cited as the Civil Rights History Project Act of 2009.
2.Findings; purpose
(a)FindingsCongress finds as follows:
(1)A fundamental principle of American democracy is that individuals should stand up for their rights and beliefs and fight for justice.
(2)The actions of those who participated in the Civil Rights movement from the 1950s through the 1960s are a shining example of this principle in action, demonstrated in events as varied as the Montgomery Bus Boycott, the sit-ins, the Freedom Rides, the March on Washington, the drive for voting rights in Mississippi, and the March to Selma.
(3)While the Civil Rights movement had many visible leaders, including Thurgood Marshall, Dr. Martin Luther King, Jr., and Rosa Parks, there were many others whose impact and experience were just as important to the cause but who are not as well known.
(4)The participants in the Civil Rights movement possess an invaluable resource in their first-hand memories of the movement, and the recording of the retelling of their stories and memories will provide a rich, detailed history of our Nation during an important and tumultuous period.
(5)It is in the Nation’s interest to undertake a project to collect oral histories of individuals from the Civil Rights movement so future generations will be able to learn of their struggle and sacrifice through primary-source, eyewitness material. A coordinated Federal project would also focus attention on the efforts undertaken by various public and private entities to collect and interpret articles in all formats relating to the Civil Rights movement, and serve as a model for future projects undertaken in museums, libraries, and universities throughout the Nation.
(6)The Library of Congress and the Smithsonian Institution are appropriate repositories to collect, preserve, and make available to the public a collection of these oral histories. The Library and Smithsonian have expertise in the management of documentation projects, and experience in the development of cultural and educational programs for the public.
(b)PurposeIt is the purpose of this Act to create a new federally sponsored, authorized, and funded project that will coordinate at a national level the collection of video and audio recordings of personal histories and testimonials of individuals who participated in the American Civil Rights movement that will build upon and complement previous and ongoing documentary work on this subject, and to assist and encourage local efforts to preserve the memories of such individuals so that Americans of all current and future generations may hear from them directly and better appreciate the sacrifices they made.
3.Establishment of joint project at Library of Congress and National Museum of African American History and Culture to collect video and audio recordings of histories of participants in American civil rights movement
(a)Establishment of project
(1)In generalWithin the limits of available funds, the Librarian of Congress (hereafter referred to as the Librarian) and the Secretary of the Smithsonian Institution (hereafter referred to as the Secretary), acting jointly, shall establish an oral history project—
(A)to survey, during the initial phase of the project, collections of audio and video recordings of the reminiscences of participants in the Civil Rights movement that are housed in archives, libraries, museums, and other educational institutions, as well as ongoing documentary work, in order to augment and complement these endeavors and avoid duplication of effort;
(B)to solicit, reproduce, and collect—
(i)video and audio recordings of personal histories and testimonials of individuals who participated in the Civil Rights movement, and
(ii)visual and written materials (such as letters, diaries, photographs, and ephemera) relevant to the personal histories of individuals;
(C)to create a collection of the recordings and other materials obtained, and to catalog and index the collection in a manner the Librarian and the Secretary consider appropriate; and
(D)to make the collection available for public use through the Library of Congress and the National Museum of African American History and Culture, as well as through such other methods as the Librarian and the Secretary consider appropriate.
(2)Role of Director of MuseumThe Secretary shall carry out the Secretary’s duties under this Act through the Director of the National Museum of African American History and Culture.
(b)Use of and consultation with other entitiesThe Librarian and the Secretary may carry out the activities described in subsection (a)(1) through agreements and partnerships entered into with other government and private entities, and may otherwise consult with interested persons (within the limits of available resources) and develop appropriate guidelines and arrangements for soliciting, acquiring, and making available recordings under the project under this Act.
(c)Services of Experts and Consultants; Acceptance of Volunteer Services; Advance PaymentsIn carrying out activities described in subsection (a)(1), the Librarian and the Secretary may—
(1)procure temporary and intermittent services under section 3109 of title 5, United States Code;
(2)accept and utilize the services of volunteers and other uncompensated personnel and reimburse them for travel expenses, including per diem, as authorized under section 5703 of title 5, United States Code; and
(3)make advances of money and payments in advance in accordance with section 3324 of title 31, United States Code.
(d)TimingAs soon as practicable after the enactment of this Act, the Librarian and the Secretary shall begin collecting video and audio recordings and other materials under subsection (a)(1), and shall attempt to collect the first such recordings from the oldest individuals involved.
(e)DefinitionIn this Act, the term Civil Rights movement means the movement to secure racial equality in the United States for African Americans that, focusing on the period 1954 through 1968, challenged the practice of racial segregation in the Nation and achieved equal rights legislation for all American citizens.
4.Private support for Civil Rights History Project
(a)Encouraging Solicitation and Acceptance of donationsThe Librarian of Congress and the Secretary are encouraged to solicit and accept donations of funds and in-kind contributions to support activities under section 3.
(b)Dedication of Funds Provided to Library of CongressNotwithstanding any other provision of law—
(1)any funds donated to the Librarian of Congress to support the activities of the Librarian under section 3 shall be deposited entirely into an account established for such purpose;
(2)the funds contained in such account shall be used solely to support such activities; and
(3)the Librarian of Congress may not deposit into such account any funds donated to the Librarian which are not donated for the exclusive purpose of supporting such activities.
5.Authorization of appropriationsThere are authorized to be appropriated to carry out this Act—
(1)$500,000 for fiscal year 2010; and
(2)such sums as may be necessary for each of the fiscal years 2011 through 2014.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


 S725 ENR: To change the address of the postal facility designated in honor of Captain Humayun Khan.
U.S. Senate

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One Hundred Sixteenth Congress of the United States of America1st SessionBegun and held at the City of Washington on Thursday, the third day of January, two thousand and
 nineteenS. 725IN THE SENATE OF THE UNITED STATESAN ACTTo change the address of the postal facility designated in honor of Captain Humayun Khan.1.Captain Humayun Khan Post OfficeSection 1(a) of Public Law 115–347 (132 Stat. 5054) is amended by striking 180 McCormick Road and inserting 2150 Wise Street.Speaker of the House of RepresentativesVice President of the United States and President of the Senate


117 HR 814 IH: Union Accountability Act
U.S. House of Representatives
2021-02-04
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I117th CONGRESS1st SessionH. R. 814IN THE HOUSE OF REPRESENTATIVESFebruary 4, 2021Mr. Hern introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo nullify the effect of Executive Order 14003 relating to the Federal workforce, and for other purposes.1.Short titleThis Act may be cited as the Union Accountability Act. 2.Prohibition on carrying out Executive Order 14003(a)FindingsCongress finds the following:(1)On January 22, 2021, President Biden overturned four of former President Trump’s Executive orders to limit collective bargaining and taxpayer-funded union time.(2)In 2019, bargaining unit employees spent 2,606,390 hours performing union-related duties and cost the taxpayer $163,327,235.21.(3)Federal agencies spent roughly $16 million on salaries for union negotiators.(4)In 2019, the operation of labor organizations costs the American taxpayer an additional $28,340,193.73.(b)Prohibition(1)In generalThe provisions of Executive Order 14003 (86 Fed. Reg. 7231; relating to the Federal workforce) shall have no force or effect.(2)Effective dateThis subsection shall take effect as if enacted on January 22, 2021.(c)Limitation on fundsNo Federal funds may be used to implement, administer, or otherwise carry out Executive Order 14003.


116 HR 3505 IH: To amend title 10, United States Code, to authorize the Secretary of Defense to access and inspect privatized military housing units, and for other purposes.
U.S. House of Representatives
2019-06-26
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I116th CONGRESS1st SessionH. R. 3505IN THE HOUSE OF REPRESENTATIVESJune 26, 2019Mr. Brown of Maryland introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo amend title 10, United States Code, to authorize the Secretary of Defense to access and inspect
			 privatized military housing units, and for other purposes.

		1.Department of Defense inspection authority regarding privatized military housing
 (a)Inspection authoritySection 2885 of title 10, United States Code, is amended by adding at the end the following new subsection:

					(g)Post-Construction access and inspection authority
 (1)RequirementThe Secretary concerned shall retain the authority after the completion of a military housing privatization project to access and inspect any military housing unit, ancillary supporting facility, or common area acquired, constructed, or renovated as part of the project in order to protect the health and safety of members of the armed forces and their dependents who occupy the privatized military housing units.
 (2)Notice and right of refusal of access and inspectionThe Secretary concerned shall ensure that the individuals who lease or are assigned a military housing unit—
 (A)are provided not less than 48 hours notice prior to the Secretary concerned accessing and inspecting the unit as authorized under paragraph (1); and
 (B)have the right to refuse the Secretary concerned such access.. (b)Retroactive application of amendmentSubsection (g) of section 2885 of title 10, United States Code, as added by subsection (a), shall apply to each military housing privatization project completed prior to the date of the enactment of this Act, and to each such project completed on or after such date.


		I
		112th CONGRESS
		2d Session
		H. R. 5398
		IN THE HOUSE OF REPRESENTATIVES

			May 7, 2012
			Mr. Graves of
			 Missouri introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To reduce temporarily the duty on
		  Topremazone.

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

								9902.01.00[3-(4,5-dihydro-1,2-oxazol-3-yl)-4-mesyl-o-tolyl](5-hydroxy-1-methylpyrazol-4-yl)methanone
						(Topremazone) (CAS No. 210631–68–8) (provided for in subheading
						2934.99.15)3.5%No changeNo changeOn or before 12/31/2015

					.
			(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.