117 HR 4137 IH: Veterans Visa and Protection Act of 2021
U.S. House of Representatives
2021-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 4137IN THE HOUSE OF REPRESENTATIVESJune 24, 2021Mr. Grijalva (for himself, Ms. Newman, Mrs. Hayes, Mr. Takano, Mr. Carson, Mr. Moulton, Mr. McGovern, Mr. García of Illinois, Mr. Swalwell, Ms. Lee of California, Mr. San Nicolas, Mr. Rush, Mr. Vargas, Ms. Norton, Ms. Jackson Lee, Ms. Kaptur, and Mrs. Kirkpatrick) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo require the Secretary of Homeland Security to establish a veterans visa program to permit veterans who have been removed from the United States to return as immigrants, and for other purposes.1.Short titleThis Act may be cited as the Veterans Visa and Protection Act of 2021.2.DefinitionsIn this Act:(1)Armed ForcesThe term Armed Forces has the meaning given the term armed forces in section 101 of title 10, United States Code.(2)Crime of violenceThe term crime of violence means an offense defined in section 16(a) of title 18, United States Code—(A)that is not a purely political offense; and(B)for which a noncitizen has served a term of imprisonment of at least 5 years.(3)Eligible veteran(A)In generalThe term eligible veteran means a veteran who—(i)is a noncitizen; and(ii)meets the criteria described in section 3(e).(B)InclusionThe term eligible veteran includes a veteran who—(i)was removed from the United States; or(ii)is abroad and is inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)).(4)NoncitizenThe term noncitizen means an individual who is not a citizen or national of the United States (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))).(5)SecretaryThe term Secretary means the Secretary of Homeland Security.(6)Service memberThe term service member means an individual who is serving as a member of—(A)a regular or reserve component of the Armed Forces on active duty; or(B)a reserve component of the Armed Forces in an active status.(7)VeteranThe term veteran has the meaning given the term in section 101 of title 38, United States Code.3.Return of eligible veterans removed from the United States; adjustment of status(a)Program for admission and adjustment of statusNot later than 180 days after the date of the enactment of this Act, the Secretary shall establish a program and an application procedure that allows—(1)eligible veterans outside the United States to be admitted to the United States as noncitizens lawfully admitted for permanent residence (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)); and(2)eligible veterans in the United States to adjust status to that of noncitizens lawfully admitted for permanent residence.(b)Veterans ordered removed(1)In generalNot later than 180 days after the date of the enactment of this Act, in the case of noncitizen veterans who are the subjects of final orders of removal, including noncitizen veterans who are outside the United States, the Attorney General shall—(A)reopen the removal proceedings of each such noncitizen veteran; and(B)make a determination with respect to whether each such noncitizen veteran is an eligible veteran.(2)Rescission of removal orderIn the case of a determination under paragraph (1)(B) that a noncitizen veteran is an eligible veteran, the Attorney General shall—(A)rescind the order of removal;(B)adjust the status of the eligible veteran to that of a noncitizen lawfully admitted for permanent residence; and(C)terminate removal proceedings.(c)Veterans in removal proceedings(1)In generalNot later than 180 days after the date of the enactment of this Act, in the case of noncitizen veterans, the removal proceedings of whom are pending as of the date of the enactment of this Act, the Attorney General shall make a determination with respect to whether each such noncitizen veteran is an eligible veteran.(2)Termination of proceedingsIn the case of a determination under paragraph (1) that a noncitizen veteran is an eligible veteran, the Attorney General shall—(A)adjust the status of the eligible veteran to that of a noncitizen lawfully admitted for permanent residence; and(B)terminate removal proceedings.(d)No numerical limitationsNothing in this section or in any other law may be construed to apply a numerical limitation on the number of veterans who may be eligible to receive a benefit under this section.(e)Eligibility(1)In generalNotwithstanding sections 212 and 237 of the Immigration and Nationality Act (8 U.S.C. 1182 and 1227) or any other provision of law, a noncitizen veteran shall be eligible to participate in the program established under subsection (a) or for adjustment of status under subsections (b) or (c), as applicable, if the Secretary or the Attorney General, as applicable, determines that the noncitizen veteran—(A)was not removed or ordered removed from the United States based on a conviction for—(i)a crime of violence; or(ii)a crime that endangers the national security of the United States for which the noncitizen veteran has served a term of imprisonment of at least 5 years; and(B)is not inadmissible to, or deportable from, the United States based on a conviction for a crime described in subparagraph (A).(2)WaiverThe Secretary may waive the application of paragraph (1)—(A)for humanitarian purposes;(B)to ensure family unity;(C)based on exceptional service in the Armed Forces; or(D)if a waiver otherwise is in the public interest.4.Protecting veterans and service members from removalNotwithstanding section 237 of the Immigration and Nationality Act (8 U.S.C. 1227) or any other provision of law, a noncitizen who is a veteran or service member may not be removed from the United States unless the noncitizen has been convicted for a crime of violence.5.Naturalization through service in the Armed Forces(a)In generalSubject to subsection (b), a noncitizen who has obtained the status of a noncitizen lawfully admitted for permanent residence pursuant to section 3 shall be eligible for naturalization through service in the Armed Forces under sections 328 and 329 of the Immigration and Nationality Act (8 U.S.C. 1439 and 1440).(b)Special rules(1)Good moral characterIn determining whether a noncitizen described in subsection (a) is a person of good moral character, the Secretary shall disregard the one or more grounds on which the noncitizen was—(A)removed or ordered removed from the United States; or(B)rendered inadmissible to, or deportable from, the United States.(2)Periods of absenceThe Secretary shall disregard any period of absence from the United States of a noncitizen described in subsection (a) due to the noncitizen having been removed from, or being inadmissible to, the United States if the noncitizen satisfies the applicable requirement relating to continuous residence or physical presence.6.Access to military benefitsA noncitizen who has obtained the status of a noncitizen lawfully admitted for permanent residence pursuant to section 3 shall be eligible for all military and veterans benefits for which the noncitizen would have been eligible had the noncitizen not been ordered removed from the United States, voluntarily departed the United States, or rendered inadmissible to, or deportable from, the United States, as applicable.7.Implementation(a)IdentificationThe Secretary shall identify noncitizen service members and veterans at risk of removal from the United States by—(1)before initiating a removal proceeding against a noncitizen, asking the noncitizen whether he or she is serving, or has served as a member of—(A)a regular or reserve component of the Armed Forces on active duty; or(B)a reserve component of the Armed Forces in an active status;(2)requiring U.S. Immigration and Customs Enforcement personnel to seek supervisory approval before initiating a removal proceeding against a service member or veteran; and(3)keeping records of any service member or veteran who has been—(A)the subject of a removal proceeding;(B)detained by the Director of U.S. Immigration and Customs Enforcement; or(C)removed from the United States.(b)Record annotation(1)In generalIn the case of a noncitizen service member or veteran identified under subsection (a), the Secretary shall annotate all immigration and naturalization records of the Department of Homeland Security relating to the noncitizen—(A)to reflect that the noncitizen is a service member or veteran; and(B)to afford an opportunity to track the outcomes for the noncitizen.(2)Contents of annotationEach annotation under paragraph (1) shall include—(A)the branch of military service in which the noncitizen is serving, or has served;(B)whether the noncitizen is serving, or has served, during a period of military hostilities described in section 329 of the Immigration and Nationality Act (8 U.S.C. 1440);(C)the immigration status of the noncitizen on the date of enlistment;(D)whether the noncitizen is serving honorably or was separated under honorable conditions;(E)the ground on which removal of the noncitizen from the United States was sought; and(F)in the case of a noncitizen the removal proceedings of whom were initiated on the basis of a criminal conviction, the crime for which the noncitizen was convicted.8.RegulationsNot later than 90 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this Act.


116 SJ 28 ES: Providing for congressional disapproval of the proposed foreign military sale to the United Arab Emirates of certain defense articles and services.
U.S. Senate

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.

116th CONGRESS1st SessionS. J. RES. 28IN THE SENATE OF THE UNITED STATESJOINT RESOLUTIONProviding for congressional disapproval of the
			 proposed foreign military sale to the United Arab Emirates of certain
 defense articles and services.That the following proposed foreign military sale to the United Arab Emirates is prohibited:(1)The sale of the following defense articles, including defense services and technical data, described in Transmittal No. 17–39, submitted to Congress pursuant to section 36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)) and published in the Congressional Record on June 4, 2019: The proposed sale of 20 RQ–21A Blackjack Unmanned Air Vehicles (UAVs); 40 Global Positioning Systems (GPS) with Selective Availability Anti-Spoofing Module (SAASM) Type II (MPE–S); air vehicle support equipment including 8 Ground Control Stations (GCS), 4 launchers, and 4 retrievers; spare and repair parts; publications; training; and technical support services.Passed the Senate June 20, 2019.Secretary


111 HR 139 IH: Identification Integrity Act of 2009
U.S. House of Representatives
2009-01-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		111th CONGRESS
		1st Session
		H. R. 139
		IN THE HOUSE OF REPRESENTATIVES

			January 6, 2009
			Mr. Gallegly
			 introduced the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform, and in addition to the Committees on the
			 Judiciary,
			 House Administration, and
			 Armed Services, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To prohibit a Federal agency from accepting a form of
		  individual identification issued by a foreign government, except a passport
		  that is accepted on the date of enactment.

		1.Short titleThis Act may be cited as the
			 Identification Integrity Act of
			 2009.
		2.Prohibition on
			 acceptance of identification issued by foreign governments
			(a)In
			 GeneralA Federal agency may not accept, for any official
			 purpose, an identification document for an individual if the identification
			 document is issued by a foreign government.
			(b)ExceptionIf
			 a passport issued by a foreign government is authorized by Federal law to be
			 accepted for a specific official purpose on the date of the enactment of this
			 Act, subsection (a) shall not be construed to affect such authorization.
			(c)DefinitionFor
			 purposes of this section, the term Federal agency means—
				(1)an Executive
			 agency (as defined in section 105 of title 5, United States Code);
				(2)a
			 military department (as defined in section 102 of title 5, United States
			 Code);
				(3)an office, agency,
			 or other establishment in the legislative branch of the Government of the
			 United States;
				(4)an office, agency,
			 or other establishment in the judicial branch of the Government of the United
			 States; and
				(5)the government of
			 the District of Columbia.


		II
		112th CONGRESS
		2d Session
		S. 2984
		IN THE SENATE OF THE UNITED STATES

			May 8, 2012
			Mr. Menendez introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend the temporary suspension of duty on trimethyl
		  cyclo hexanol.

		1.Trimethyl cyclo
			 hexanol
			(a)In
			 generalHeading 9902.05.03 of the Harmonized Tariff Schedule of
			 the United States (relating to 3,3,5-Trimethylcyclohexanol) is amended by
			 striking the date in the effective period column and inserting
			 12/31/2015.
			(b)Effective
			 dateThe amendment made by subsection (a) applies with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of the enactment of this Act.


		III
		110th CONGRESS
		1st Session
		S. RES. 244
		IN THE SENATE OF THE UNITED STATES

			June 20, 2007
			Mr. Pryor (for himself,
			 Mr. Sununu, Mrs. Dole, Mr.
			 Lugar, Ms. Landrieu,
			 Ms. Murkowski, and
			 Mr. Isakson) submitted the following
			 resolution; which was considered and agreed to

		RESOLUTION
		Designating June 2007 as National Safety
		  Month.

		Whereas the National Safety Council, founded in 1913, is
			 celebrating its 94th anniversary as the premier source of safety and health
			 information, education, and training in the United States in 2007;
		Whereas the mission of the National Safety Council is to
			 educate and influence people to prevent accidental injury and death;
		Whereas the National Safety Council was congressionally
			 chartered in 1953 and is celebrating its 54th anniversary as a congressionally
			 chartered organization in 2007;
		Whereas the National Safety Council works to promote
			 policies, practices, and procedures leading to increased safety, protection,
			 and health in business and industry, in schools and colleges, on roads and
			 highways, and in homes and communities;
		Whereas, even with advancements in safety that create a
			 safer environment for the people of the United States such as new legislation
			 and improvements in technology, the number of unintentional injuries remains
			 unacceptable;
		Whereas the people of the United States deserve to live in
			 communities that promote safe and healthy living;
		Whereas such a solution requires the cooperation of all
			 levels of government, as well as the Nation’s employers and the general
			 public;
		Whereas the summer season, traditionally a time of
			 increased accidental injuries and fatalities, is an appropriate time to focus
			 attention on injury risks and preventions; and
		Whereas the theme of National Safety Month
			 for 2007 is Celebrating Safe Communities: Now, therefore, be
			 it

		That the Senate—
			(1)designates June
			 2007 as National Safety Month; and
			(2)recognizes the
			 accomplishments of the National Safety Council and calls upon the people of the
			 United States to observe the month with appropriate ceremonies and
			 respect.


116 HR 5227 IH: Technology in Criminal Justice Act of 2019
U.S. House of Representatives
2019-11-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 5227IN THE HOUSE OF REPRESENTATIVESNovember 21, 2019Mrs. Demings (for herself, Mr. Lamb, Mr. Rutherford, and Mr. Babin) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, 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 establish the Office of Digital Law Enforcement within the Office of Justice Programs, and to
			 establish grant programs to improve the digital evidence capacity of law
			 enforcement personnel, and for other purposes.

 1.Short titleThis Act may be cited as the Technology in Criminal Justice Act of 2019. 2.Office of Digital Law EnforcementPart A of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following:

				110.Office of digital law enforcement
 (a)EstablishmentThere is established within the Office an Office of Digital Law Enforcement, which shall headed by a Director appointed by the Attorney General. In carrying out the functions of the Office of Digital Law Enforcement, the Director shall be subject to the authority, direction, and control of the Attorney General. Such authority, direction, and control may be delegated only to the Assistant Attorney General.
 (b)PurposeThe purpose of the Office of Digital Law Enforcement shall be to support Federal, State, and local law enforcement in training, preparing, and supporting criminal justice personnel in the conduct of criminal justice activities utilizing digital evidence.
					(c)Grants
 (1)In generalIn carrying out the purpose described under subsection (b), the Director may make grants to eligible recipients.
 (2)UsesGrants awarded under this subsection shall be used to support the provision of training, education, and technical assistance to criminal justice personnel for the purpose of improving the digital evidence capacity (as such term is defined in section 7 of the Technology in Criminal Justice Act of 2019) of law enforcement personnel (as such term is defined in section 7 of the Technology in Criminal Justice Act of 2019).
 (3)DistributionIn making grants under this subsection, the Director shall ensure that, to the extent practicable, distribution of such grants ensures equitable access to relevant training, education, and technical assistance across geographic areas and across urban and rural areas of varying population and area.
 (4)Eligible recipientsThe Director may award grants under this subsection to the following eligible recipients: (A)The National Domestic Communications Assistance Center (NDCAC).
 (B)The National Computer Forensics Institute (NCFI). (C)The Law Enforcement Cyber Center.
 (D)The National White Collar Crime Center (NW3C). (E)The National Cyber-Forensics and Training Alliance (NCFTA).
 (F)Regional Computer Forensics Laboratories. (G)Such other entities as the Director deems appropriate.
 (d)Standardization of training curriculaThe Director shall— (1)on an ongoing basis, review curricula used for training and education programs supported by grants under subsection (c);
 (2)identify opportunities for standardization of such curricula; and (3)in awarding grants under subsection (c), establish requirements or processes, as appropriate, to promote standardization of such curricula.
 (e)Best practicesThe Director shall— (1)identify best practices relevant to digital evidence capacity; and
 (2)develop mechanisms to inform Federal, State, and local criminal justice personnel of such best practices and promote their adoption.
 (f)Data on law enforcement access to digital evidenceThe Director shall— (1)maintain data relevant to digital evidence capacity, including challenges to accessing and utilizing digital evidence and digital forensic laboratory backlogs; and
 (2)no later than January 31 of each calendar year, submit to Congress a report summarizing data collected under paragraph (f)(1) of this section during the preceding calendar year and identifying key trends, gaps, and challenges associated with the data. The report shall be submitted in unclassified format.
						.
		3.Review of Federal support for digital law enforcement training and assistance
 (a)Review requiredThe Attorney General and the Secretary of Homeland Security shall jointly conduct a review of existing United States Government programs that provide training, education, and technical assistance to criminal justice personnel for the purpose of improving digital evidence capacity.
 (b)Elements of reviewThe review required under subsection (a) shall examine the following matters: (1)Identification of existing programs that provide training, education, and technical assistance to criminal justice personnel, and the sources and amounts of U.S. Government funding supporting such programs, for the purpose of improving the digital evidence capacity of law enforcement personnel.
 (2)Examination of the purposes, organizational models, target audiences, and effectiveness of these programs.
 (3)Identification of gaps in these programs, and assessment of whether these programs are sufficient to meet the needs of Federal, State, and local criminal justice personnel.
 (4)Recommendations for opportunities, if any, to improve these programs in order to achieve greater efficiency, coherence, or effectiveness in the delivery of such training, education, and technical assistance, including through expansion, consolidation, or reorganization.
 (c)Report to CongressUpon completion of the review required in subsection (a), and not later than 360 days after the enactment of this Act, the Attorney General and the Secretary of Homeland Security shall submit to Congress a joint report summarizing the conclusions of the review and providing any recommendations to Congress for legislative action.
			4.Center of excellence for digital forensics
 (a)DesignationNot later than 360 days after the enactment of this Act, the Attorney General, in consultation with the Secretary of Homeland Security, shall designate an entity of the Federal Government as the Center of Excellence for Digital Forensics (hereafter, the Center).
 (b)MissionThe Center shall be a clearinghouse for training, technical expertise, and legal assistance relating to accessing digital evidence in support of criminal investigations, including by—
 (1)serving as a central repository of knowledge and expertise regarding common types of data relevant to law enforcement investigations, common technical systems for storing and transmitting such data, formulation of lawful requests for such data, and procedures for submitting such requests;
 (2)building and maintaining a library of analytic and forensic tools, along with technical expertise on the use of such tools, to be available to support Federal, State, and local law enforcement investigations;
 (3)developing and maintaining technical support tools to facilitate, standardize, and authenticate law enforcement requests for digital evidence;
 (4)providing training to Federal, State, and local law enforcement organizations on procedures and techniques for the acquisition, exploitation, preservation, and utilization of digital evidence, as well as the protection of privacy and civil liberties in the course of investigations and prosecutions involving digital evidence;
 (5)producing and maintaining up-to-date training materials and curricula to support training of Federal, State, and local law enforcement organizations relating to digital evidence capacity by other training providers;
 (6)coordinating with international, Federal, and State training programs, as well as relevant non-governmental stakeholders, to leverage and coordinate existing resources for training, technical assistance tools, and informative materials on procedures and techniques relating to digital evidence capacity; and
 (7)providing a hotline available for law enforcement officials seeking advice about or assistance relating to digital evidence capacity.
 (c)Coordination with existing training providersThe designation required by subsection (a) shall be informed by the results of the review conducted under section 3.
 (d)Termination or modification of designationThe Attorney General may terminate or modify the designation under subsection (a) if the Attorney General, in consultation with the Secretary of Homeland Security, determines that the Center is no longer capable of achieving the missions specified in subsection (b) and designates a separate entity of the Federal Government to serve as the Center. Not later than 60 days before the effective date of such a termination, the Secretary shall provide written notice to Congress, including the rationale for such termination.
			5.Federal Government law enforcement technology support to State and local law enforcement
 (a)ProgramThe Attorney General and the Secretary of Homeland Security shall jointly establish a Law Enforcement Technology Support to State and Local Law Enforcement program under the direction of the Director of the Office of Digital Law Enforcement.
 (b)DevelopmentUnder the program established in subsection (a), the Attorney General and the Secretary shall jointly develop guidelines and processes, as appropriate, to authorize the use of funds made available to grantees under the following programs for purposes of acquiring technology to improve the digital evidence capacity of law enforcement personnel:
 (1)The Edward Byrne Memorial Justice Assistance Grant program. (2)The Urban Area Security Initiative.
 (3)The State Homeland Security Grant Program. (c)Dissemination of Acquisition GuidanceThrough the program established in subsection (a), the Attorney General and the Secretary shall develop guidance on acquisition of law enforcement technologies that support digital evidence capacity, and regularly disseminate such guidance to State and local law enforcement organizations. Such guidance shall identify and encourage adoption of effective law enforcement technologies useful across different technological platforms and formats.
 (d)Public-Private PartnershipsSubject to the availability of resources, the Attorney General and the Secretary shall, under the program established in subsection (a), enter into partnerships with public or private entities to improve the access of Federal, State, and local law enforcement personnel to law enforcement technologies that support digital evidence capacity. Such partnerships may—
 (1)develop collaborative approaches to developing new investigative tools; (2)promote the exchange of technical experts between the technology and law enforcement communities;
 (3)build public access data sets that may aid law enforcement investigations; (4)exchange information on technical approaches relating to digital evidence capacity, consistent with relevant laws and policies;
 (5)develop training modules and content to support training of criminal justice personnel on relevant topics relating to digital evidence capacity; and
 (6)address other such matters as the Attorney General and the Secretary deem appropriate. 6.Department of Justice Technology Policy Advisory Board (a)EstablishmentThere is established a Department of Justice Technology Policy Advisory Board (hereinafter in this section referred to as the Board), which shall be composed of 11 members appointed in accordance with subsection (c) and shall conduct its business in accordance with this chapter.
 (b)PurposeThe purpose of the Board shall be to— (1)foster sustained dialogue between the technology and law enforcement communities on policy issues of mutual concern; and
 (2)advise the Attorney General on— (A)relevant developments in technologies relating to law enforcement, forensics, communications, and cybersecurity, and their implications for the Department of Justice;
 (B)strategies and technical approaches for improving digital evidence capacity; (C)strategies and technical approaches for improving law enforcement activities relating to the prevention, investigation, and prosecution of cyber crime; and
 (D)such other matters as requested by the Attorney General. (c)Members (1)MembersThe members of the Board shall be senior non-government leaders with knowledge or expertise, whether by experience or training, in the fields of technology, communications, computer science, cybersecurity, digital forensics, law enforcement, relevant laws relating to digital searches and the use of digital evidence, and related fields, who shall be appointed by the Attorney General.
 (2)TermThe term of a Board member shall be 4 years. (3)VacanciesAny vacancy in the membership of the Board shall not affect the powers of the Board and shall be filled in the same manner as the original appointment.
 (4)ChairmanThe Members of the Board shall elect one member to serve as Chairman of the Board. (d)Compensation and Expenses (1)CompensationA Member of the Board shall receive no compensation for the member’s services as such.
 (2)ExpensesA member of the Board shall be allowed necessary travel expenses (or in the alternative, mileage for use of a privately owned vehicle and a per diem in lieu of subsistence not to exceed the rate and amount prescribed in sections 5702 and 5704 of title 5, United States Code), and other necessary expenses incurred by the member in the performance of duties vested in the Panel, without regard to the provisions of subchapter I of chapter 57 of title 5, United States Code, the Standardized Government Travel Regulations, or section 5731 of title 5, United States Code.
 (e)SupportThe Attorney General shall provide support for the performance of the Board’s functions and shall ensure compliance with the requirements of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), governing Federal statutes and regulations, and Department of Justice policies and procedures.
			7.Definitions
 For purposes of this Act: (1)Digital evidence capacityThe term digital evidence capacity shall include, in investigations and prosecutions involving digital evidence, the capacity, or activities supporting the capacity, to—
 (A)acquire digital evidence in accordance with current surveillance, civil rights, and criminal justice laws;
 (B)ensure digital evidence acquisition activities— (i)minimize the acquisition of digital information not necessary to an investigation, including the acquisition of information pertaining to non-targeted persons;
 (ii)are conducted in accordance with proper legal processes such as warrants, court orders, and notice when required; and
 (iii)favor less intrusive investigative techniques when they would suffice; (C)handle and preserve digital evidence appropriately, including by ensuring—
 (i)the integrity of the evidentiary chain of custody; (ii)preventing inadvertent corruption or destruction of the evidence; and
 (iii)promoting the prompt return of seized digital devices and the prompt return or destruction of seized digital information not used in prosecution of the crime for which it was acquired;
 (D)extract, analyze, and exploit digital evidence; (E)ensure the appropriate use of digital evidence, including by limiting the repurposing of seized digital information;
 (F)use digital evidence in criminal legal proceedings; and (G)ensure appropriate protections relating to privacy and security are applied to activities involving the acquisition, preservation, analysis and exploitation, and use of digital information.
 (2)Criminal justice personnelThe term criminal justice personnel shall mean employees of any unit of Federal, State, or local government who have responsibilities pertaining to criminal justice, as defined by section (a)(1) of title 34, United States Code.


109 HR 5898 IH: Saguaro National Park Boundary

U.S. House of Representatives
2006-07-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		109th CONGRESS
		2d Session
		H. R. 5898
		IN THE HOUSE OF REPRESENTATIVES

			July 26, 2006
			Mr. Kolbe (for
			 himself and Mr. Grijalva) introduced
			 the following bill; which was referred to the
			 Committee on
			 Resources

		A BILL
		To expand the boundary of Saguaro National Park, to study
		  additional land for potential inclusion or removal from the boundary of the
		  park, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Saguaro National Park Boundary
			 Expansion and Study Act of 2006.
		2.Boundary of
			 saguaro national parkSection
			 4 of the Saguaro National Park Establishment Act of 1994 (Public
			 Law 103–364, 108 Stat. 3467), is amended—
			(1)in subsection
			 (a)—
				(A)by inserting
			 (1) before The boundaries of the park; and
				(B)by adding at the
			 end the following:

						(2)The boundary of the
				park is further modified to include approximately 583 acres, as generally
				depicted on the map titled Saguaro National Park Proposed Boundary
				Adjustment, numbered 151/80,045, and dated March 31, 2006. The map
				shall be on file and available for inspection in the appropriate offices of the
				National Park
				Service.
						;
				(2)by striking
			 subsection (b)(2) and inserting the following new paragraphs:

					(2)The Secretary may,
				with the consent of the State and in accordance with Federal and State law,
				acquire from the State land or interests in land within the boundary of the
				park.
					(3)If the Secretary
				is unable to acquire the State land under paragraph (2), the Secretary may
				enter into an agreement that would allow the National Park Service to manage
				State land within the boundary of the
				park.
					;
				and
			(3)by adding at the
			 end the following new subsection:

					(d)Boundary
				study
						(1)In
				generalThe Secretary shall conduct a study to identify—
							(A)lands adjacent to
				the park that are suitable for inclusion within the boundaries of the park;
				and
							(B)lands within the
				park boundary that should be removed from the boundary due to development or
				other changes in their status that make them unsuitable for inclusion within
				the park boundary.
							(2)CriteriaThe
				study shall examine the natural, cultural, recreational, and scenic values and
				characters of lands adjacent to the park.
						(3)ReportNot
				later than 3 years after the date that funds are made available for the study,
				the Secretary shall submit to the Committee on Resources of the House of
				Representatives and the Committee on Energy and Natural Resources of the Senate
				a report on the findings, conclusions, and recommendations of the
				study.
						.


113 HR 5046 IH: Veterans Care Financial Protection Act of 2014
U.S. House of Representatives
2014-07-09
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
		113th CONGRESS
		2d Session
		H. R. 5046
		IN THE HOUSE OF REPRESENTATIVES

			July 9, 2014
			Mr. Peters of Michigan introduced the following bill; which was referred to the Committee on Veterans’ Affairs

		A BILL
		To protect individuals who are eligible for increased pension under laws administered by the
			 Secretary of Veterans Affairs on the basis of need of regular aid and
			 attendance from dishonest, predatory, or otherwise unlawful practices, and
			 for other purposes.

		1.Short titleThis Act may be cited as the Veterans Care Financial Protection Act of 2014.
		2.Protection of individuals eligible for increased pension under laws administered by Secretary of
			 Veterans Affairs on basis of need for regular aid and attendance
			(a)Development and implementation of standards
				(1)In generalThe Secretary of Veterans Affairs shall work with the heads of Federal agencies, States, and such
			 experts as the Secretary considers appropriate to develop and implement
			 Federal and State standards that protect individuals from dishonest,
			 predatory, or otherwise unlawful practices relating to increased pension
			 available to such individuals under chapter 15 of title 38, United States
			 Code, on the basis of need for regular aid and attendance.
				(2)Submittal to CongressNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to
			 the Committee on Veterans' Affairs of the Senate and the Committee on
			 Veterans' Affairs of the House of Representatives the standards developed
			 under paragraph (1).
				(b)Conditional recommendation by Comptroller GeneralIf the Secretary does not, on or before the date that is 180 days after the date of the enactment
			 of this Act, submit to the Committee on Veterans' Affairs of the Senate
			 and the Committee on Veterans' Affairs of the House of Representatives
			 standards that are developed under subsection (a)(1), the Comptroller
			 General of the United States shall, not later than the date that is one
			 year after the date of the enactment of this Act, submit to such
			 committees a report containing standards that the Comptroller General
			 determines are standards that would be effective in protecting individuals
			 as described in such subsection.
			(c)Study by Comptroller GeneralNot later than 540 days after the date of the enactment of this Act, the Comptroller General of the
			 United States shall complete a study on standards implemented under this
			 section to protect individuals as described in subsection (a)(1) and
			 submit to the Committee on Veterans' Affairs of the Senate and the
			 Committee on Veterans' Affairs of the House of Representatives a report
			 containing the findings of the Comptroller General with respect to such
			 study.


114 S1774 IS: Puerto Rico Chapter 9 Uniformity Act of 2015
U.S. Senate
2015-07-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 1774IN THE SENATE OF THE UNITED STATESJuly 15, 2015Mr. Blumenthal (for himself, Mr. Schumer, Mr. Nelson, Mrs. Gillibrand, Ms. Warren, Mr. Menendez, Mr. Booker, Mr. Reid, Mr. Murphy, Mr. Sanders, Mr. Heinrich, and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend title 11 of the United States Code to treat Puerto Rico as a State for purposes of chapter
			 9 of such title relating to the adjustment of debts of municipalities.

 1.Short titleThis Act may be cited as the Puerto Rico Chapter 9 Uniformity Act of 2015. 2.AmendmentSection 101(52) of title 11, United States Code, is amended to read as follows:

 (52)The term State includes Puerto Rico and, except for the purpose of defining who may be a debtor under chapter 9 of this title, includes the District of Columbia..
		3.Effective date; application of amendment
 (a)Effective dateExcept as provided in subsection (b), this Act and the amendment made by this Act shall take effect on the date of the enactment of this Act.
 (b)Application of amendmentThe amendment made by this Act shall apply with respect to— (1)cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act; and
 (2)debts, claims, and liens created before, on, or after such date. 4.SeverabilityIf any provision of this Act or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, or the application of that provision or amendment to other persons or circumstances, shall not be affected.


116 HR 2133 IH: To provide for interim appropriations for the District of Columbia courts and related agencies with respect to any fiscal year for which appropriations are not otherwise provided for such courts and agencies.
U.S. House of Representatives
2019-04-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 2133IN THE HOUSE OF REPRESENTATIVESApril 8, 2019Ms. Norton introduced the following bill; which was referred to the Committee on AppropriationsA BILLTo provide for interim appropriations for the District of Columbia courts and related agencies with respect to any fiscal year for which appropriations are not otherwise provided for such courts and agencies.
1.Interim appropriations for District of Columbia courts and related agencies
(a)Availability of interim appropriationsIf during any fiscal year (beginning with fiscal year 2019) there is an appropriation made for a Federal payment described in subsection (c), and during the next fiscal year there is no appropriation made for such a payment, there shall be appropriated for such next fiscal year, out of any money in the Treasury not otherwise appropriated, such sums as are necessary for such payment, at a rate for operations and under the terms and conditions provided in the previous fiscal year. (b)Effect of enactment of subsequent appropriationsIf an appropriation for a Federal payment described in subsection (c), or a general appropriation bill providing appropriations for Federal funds for the District of Columbia without provision for such a payment, is enacted into law on any date during a fiscal year following the expenditure of funds during such fiscal year pursuant to this Act—
(1)such expenditure shall be charged to such appropriation (if any); and (2)appropriations made available pursuant to this Act shall not be available after the date of enactment of such appropriation or general appropriation bill.
(c)Federal payments describedThe Federal payments described in this subsection are as follows, as provided in the District of Columbia Appropriations Act, 2019 (title IV of division D of Public Law 116–6): (1)A Federal payment to the District of Columbia Courts.
(2)A Federal payment for defender services in District of Columbia courts. (3)A Federal payment to the Court Services and Offender Supervision Agency for the District of Columbia.
(4)A Federal payment to the District of Columbia Public Defender Service. (5)A Federal payment to the Criminal Justice Coordinating Council.
(6)A Federal payment to the District of Columbia Commission on Judicial Disabilities and Tenure. (7)A Federal payment to the District of Columbia Judicial Nomination Commission.


115 HR 239 : Support for Rapid Innovation Act of 2017
U.S. House of Representatives
2017-01-11
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.

		IIB
		115th CONGRESS
		1st Session
		H. R. 239
		IN THE SENATE OF THE UNITED STATES
		January 11, 2017 Received; read twice and referred to the Committee on Homeland Security and Governmental AffairsAN ACT
		To amend the Homeland Security Act of 2002 to provide for innovative research and development, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Support for Rapid Innovation Act of 2017. 2.Cybersecurity research and development projects (a)Cybersecurity research and development (1)In generalTitle III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new section:

						321.Cybersecurity research and development
 (a)In generalThe Under Secretary for Science and Technology shall support the research, development, testing, evaluation, and transition of cybersecurity technologies, including fundamental research to improve the sharing of information, analytics, and methodologies related to cybersecurity risks and incidents, consistent with current law.
 (b)ActivitiesThe research and development supported under subsection (a) shall serve the components of the Department and shall—
 (1)advance the development and accelerate the deployment of more secure information systems; (2)improve and create technologies for detecting attacks or intrusions, including real-time continuous diagnostics and real-time analytic technologies;
 (3)improve and create mitigation and recovery methodologies, including techniques and policies for real-time containment of attacks, and development of resilient networks and information systems;
 (4)support, in coordination with non-Federal entities, the review of source code that underpins critical infrastructure information systems;
 (5)develop and support infrastructure and tools to support cybersecurity research and development efforts, including modeling, testbeds, and data sets for assessment of new cybersecurity technologies;
 (6)assist the development and support of technologies to reduce vulnerabilities in industrial control systems; and
 (7)develop and support cyber forensics and attack attribution capabilities. (c)CoordinationIn carrying out this section, the Under Secretary for Science and Technology shall coordinate activities with—
 (1)the Under Secretary appointed pursuant to section 103(a)(1)(H); (2)the heads of other relevant Federal departments and agencies, as appropriate; and
 (3)industry and academia. (d)Transition to practiceThe Under Secretary for Science and Technology shall support projects carried out under this title through the full life cycle of such projects, including research, development, testing, evaluation, pilots, and transitions. The Under Secretary shall identify mature technologies that address existing or imminent cybersecurity gaps in public or private information systems and networks of information systems, identify and support necessary improvements identified during pilot programs and testing and evaluation activities, and introduce new cybersecurity technologies throughout the homeland security enterprise through partnerships and commercialization. The Under Secretary shall target federally funded cybersecurity research that demonstrates a high probability of successful transition to the commercial market within two years and that is expected to have a notable impact on the public or private information systems and networks of information systems.
 (e)DefinitionsIn this section: (1)Cybersecurity riskThe term cybersecurity risk has the meaning given such term in section 227.
 (2)Homeland security enterpriseThe term homeland security enterprise means relevant governmental and nongovernmental entities involved in homeland security, including Federal, State, local, and tribal government officials, private sector representatives, academics, and other policy experts.
 (3)IncidentThe term incident has the meaning given such term in section 227. (4)Information systemThe term information system has the meaning given such term in section 3502(8) of title 44, United States Code..
 (2)Clerical amendmentThe table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to second section 319 the following new item:

							Sec. 321. Cybersecurity research and development..
 (b)Research and development projectsSection 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) is amended— (1)in subsection (a)—
 (A)in the matter preceding paragraph (1), by striking 2016 and inserting 2021; (B)in paragraph (1), by striking the last sentence; and
 (C)by adding at the end the following new paragraph:  (3)Prior approvalIn any case in which the head of a component or office of the Department seeks to utilize the authority under this section, such head shall first receive prior approval from the Secretary by providing to the Secretary a proposal that includes the rationale for the utilization of such authority, the funds to be spent on the use of such authority, and the expected outcome for each project that is the subject of the use of such authority. In such a case, the authority for evaluating the proposal may not be delegated by the Secretary to anyone other than the Under Secretary for Management.;
 (2)in subsection (c)— (A)in paragraph (1), in the matter preceding subparagraph (A), by striking 2016 and inserting 2021; and
 (B)by amending paragraph (2) to read as follows:  (2)ReportThe Secretary shall annually submit to the Committee on Homeland Security and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report detailing the projects for which the authority granted by subsection (a) was utilized, the rationale for such utilizations, the funds spent utilizing such authority, the extent of cost-sharing for such projects among Federal and non-Federal sources, the extent to which utilization of such authority has addressed a homeland security capability gap or threat to the homeland identified by the Department, the total amount of payments, if any, that were received by the Federal Government as a result of the utilization of such authority during the period covered by each such report, the outcome of each project for which such authority was utilized, and the results of any audits of such projects.; and
 (3)by adding at the end the following new subsection:  (e)TrainingThe Secretary shall develop a training program for acquisitions staff on the utilization of the authority provided under subsection (a)..
 (c)No additional funds authorizedNo additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized.

	Passed the House of Representatives January 10, 2017.Karen L. Haas,Clerk


115 HR 4949 IH: Civil Defense Accountability Act of 2018
U.S. House of Representatives
2018-02-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 4949IN THE HOUSE OF REPRESENTATIVESFebruary 6, 2018Ms. Gabbard (for herself, Mr. Young of Alaska, and Ms. Hanabusa) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on Transportation and Infrastructure, and Energy and Commerce, 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 direct the Secretary of Homeland Security, the Secretary of Defense, the Secretary of Health and
			 Human Services, and the Director of the Federal Communications Commission
			 to take certain actions regarding civil defense related to the growing
			 ballistic missile threat and the communications errors in Hawaii on
			 January 13, 2018, and for other purposes.

 1.Short titleThis Act may be cited as the Civil Defense Accountability Act of 2018. 2.FindingsCongress finds the following:
 (1)On January 13, 2018, a ballistic missile alert reading: BALLISTIC MISSILE THREAT INBOUND TO HAWAII. SEEK IMMEDIATE SHELTER. THIS IS NOT A DRILL was sent in error to individuals in the State of Hawaii, and was not corrected for 38 minutes, traumatizing Hawaii residents and visitors.
 (2)The National Security Strategy of the President, dated December 18, 2017, noted the following: (A)As missiles grow in numbers, types, and effectiveness, to include those with greater ranges, they are the most likely means for states like North Korea to use a nuclear weapon against the United States..
 (B)North Korea has spent hundreds of millions of dollars on nuclear, chemical, and biological weapons that could threaten our homeland.
 (C)North Korea seeks the capability to kill millions of Americans with nuclear weapons.. (3)Due to the heightened threat level of conflict with North Korea, the State of Hawaii has begun to implement monthly outdoor warning siren system tests for the first time since the end of the Cold War.
 (4)According to the Hawaii Emergency Management Agency, a North Korean ballistic missile would reach Hawaii approximately 20 minutes after launch.
 (5)According to the Missile Defense Agency, sophisticated ballistic missile technology is available on a wider scale than ever to countries hostile to the U.S. and our allies. As those countries continue to develop and exchange this technology, there is also an increasing threat of those technologies falling into the hands of hostile non-state groups..
			3.Report regarding ballistic missile civil defense notification protocols
 (a)In generalNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of the Federal Communications Commission and the Secretary of Homeland Security, shall submit to Congress a report regarding current notification protocols regarding ballistic missile threats. Such report shall include assessments of notifications required under Federal law or regulations—
 (1)after a ballistic missile threat is identified, including notifications to Federal and State entities;
 (2)during a ballistic missile threat, including communications between Federal and State entities; and (3)regarding ballistic missile impact warnings to Federal and State entities and the general public.
 (b)FormThe report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
			4.Civil defense emergency best practices
			(a)Study
 (1)Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Federal Emergency Management Agency, shall conduct a study to identify best practices of the States selected under paragraph (2) regarding civil defense emergencies. Such study shall identify the following:
 (A)Plans of each State regarding communications between State, local, and Federal entities before, during, and after a civil defense emergency.
 (B)Plans of each State to communicate with residents before, during, and after a civil defense emergency.
 (C)Plans of each State to educate residents regarding civil defense emergencies. (D)Security plans of each State and local law enforcement agencies of each State regarding civil defense emergencies.
 (E)Contingency plans of each State to deliver aid, food, water, and temporary shelter in a civil defense emergency.
 (2)The Secretary of Homeland Security shall select not fewer than 13 States to participate in the study under this subsection, including—
 (A)Hawaii, Alaska, California, and Washington; (B)not fewer than five other States that border on an ocean or the Gulf of Mexico; and
 (C)not fewer than five other States that do not so border an ocean or the Gulf of Mexico. (b)Report (1)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report regarding the following:
 (A)The study under subsection (a). (B)Deficiencies identified by the Secretary in existing State practices regarding civil defense emergencies.
 (C)Best practices identified by the Secretary regarding civil defense emergencies. (D)Best modes and methods used to provide public instructions once a civil defense emergency is declared.
 (E)Plans of the Secretary to improve outreach to the general public regarding civil defense emergencies.
 (2)FormThe report required under this subsection shall be submitted in unclassified form, but may contain a classified annex.
 (3)Dissemination to the StatesNot later than 270 days after the date of the enactment of this Act, the Secretary of Homeland Security shall disseminate the unclassified portions of the report required under this subsection to the chief executive of each State.
				5.Incident reports regarding the ballistic missile false alarm that occurred on January 13, 2018
 (a)In generalNot later than 60 days after the date of the enactment of this Act, each key official shall submit to Congress an unclassified report, with a classified annex if necessary, regarding the actions of the respective Federal department or agency of the key official with respect to the ballistic missile false alarm that occurred on January 13, 2018, in the State of Hawaii. Each report under this section shall include recommendations of the key official who submits each such report regarding corrective actions that such key official determines will diminish the possibility of another ballistic missile false alarm.
 (b)PublicationEach key official who submits a report under subsection (a) shall publish on a publicly available website of the respective Federal department or agency of each such key official the unclassified portion of each such report.
 (c)Key official definedIn this section, the term key official includes— (1)the Secretary of Defense;
 (2)the Administrator of the Federal Emergency Management Agency; and (3)the Director of the Federal Communications Commission.
				6.Public health recommendations
 (a)ReportNot later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Office of the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services, shall submit to Congress and publish online a report regarding the ability of the Department and health care providers to respond to attacks in the United States with biological, chemical, radiological, or nuclear weapons. The report under this section shall include the following:
 (1)Assessments of current readiness of the Department and health care providers to respond to such attacks.
 (2)Recommendations to Congress and to health care providers that the Secretary determines will improve readiness described in paragraph (1).
 (b)OutreachNot later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall develop and implement a public outreach program in coordination with State and local government entities regarding recommendations contained in the report required under subsection (a).
 (c)GrantsThe Secretary of Health and Human Services shall take into consideration the recommendations in the report required under subsection (a) when issuing grants under the Public Health Emergency Preparedness cooperative agreement and the Hospital Preparedness Program.
 7.DefinitionIn this Act, the term State means each of the several States of the United States, the District of Columbia, and any territory, commonwealth, or possession of the United States.


		I
		111th CONGRESS
		2d Session
		H. R. 5300
		IN THE HOUSE OF REPRESENTATIVES

			May 13, 2010
			Mr. Scott of Virginia
			 (for himself, Mr. LaTourette,
			 Ms. Loretta Sanchez of California,
			 Mr. LoBiondo, and
			 Mrs. Miller of Michigan) introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To provide safeguards with respect to the Federal Bureau
		  of Investigation criminal background checks prepared for employment purposes,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Fairness and Accuracy in Employment
			 Background Checks Act of 2010.
		2.Safeguards for
			 background checksThe Attorney
			 General shall establish and enforce procedures to ensure the prompt release of
			 accurate records and information exchanged for employment-related purposes
			 through the records system created under section 534 of title 28, United States
			 Code.
		3.Required
			 proceduresThe procedures
			 established under section 2 shall include the following:
			(1)Inaccurate
			 record or informationIf the
			 Attorney General determines that a record or information is inaccurate, the
			 Attorney General shall promptly correct that record or information or, if
			 appropriate, promptly make any changes or deletions to the records or
			 information.
			(2)Incomplete
			 record or information
				(A)If the Attorney
			 General determines that a record or information is incomplete or cannot be
			 verified, the Attorney General shall attempt to complete or verify the record
			 or information, and if the Attorney General is unable to do so, the Attorney
			 General may promptly make any changes or deletions to the record or
			 information.
				(B)For the purposes of this paragraph, an
			 incomplete record or information includes a record or information that
			 indicates there was an arrest and does not include the disposition of that
			 arrest.
				(C)If the record or
			 information is an incomplete record or information described in subparagraph
			 (B), the Attorney General shall, not later than 10 days after the requesting
			 entity requests the exchange and before the exchange is made, obtain the
			 disposition (if any) of the arrest.
				(3)Notification of
			 reporting jurisdictionThe Attorney General shall notify each
			 appropriate reporting jurisdiction of any action taken under paragraph (1) or
			 (2).
			(4)Opportunity to
			 review records or information by applicantIn connection with an exchange of such a
			 record or information, the Attorney General shall—
				(A)obtain the consent
			 of the applicant to exchange the record or information with the requesting
			 entity;
				(B)at the time of
			 consent, notify the applicant that the applicant can obtain a copy of the
			 record or information;
				(C)provide to the
			 applicant an opportunity to obtain a copy of the record or information upon
			 request and to challenge the accuracy and completeness of that record or
			 information;
				(D)promptly notify the requesting entity of
			 any such challenge;
				(E)not later than 30
			 days after the challenge is made, complete an investigation of the
			 challenge;
				(F)provide to the
			 applicant the specific findings and results of that investigation;
				(G)promptly make any
			 changes or deletions to the records or information required as a result of the
			 challenge; and
				(H)report those changes to the requesting
			 entity.
				(5)Certain
			 exchanges prohibitedAn exchange shall not include any record or
			 information—
				(A)about an arrest
			 more than one year old as of the date of the request for the exchange, that
			 does not also include a disposition (if any) of that arrest;
				(B)relating to an adult or juvenile
			 non-serious offense of the sort described in section 20.32(b) of title 28, Code
			 of Federal Regulations, as in effect on July 1, 2009; or
				(C)to the extent the
			 record or information is not clearly an arrest or a disposition of an
			 arrest.
				4.FeesThe Attorney General may collect reasonable
			 fees for all exchanges of records or information for employment-related
			 purposes through the records system created under section 534 of title 28,
			 United States Code, to defray the costs associated with exchanges for those
			 purposes, including any costs associated with the investigation of inaccurate
			 or incomplete records or information.
		5.Regulations on
			 reasonable proceduresNot
			 later than 1 year after the date of the enactment of this Act, the Attorney
			 General shall issue regulations to carry out this Act.
		6.Annual reports on
			 proceduresFor each of the
			 first 3 years after the date of enactment of this Act, the Attorney General
			 shall submit an annual report to Congress that includes—
			(1)the number of exchanges of records or
			 information for employment-related purposes made with entities in each State
			 through the records system created under section 534 of title 28, United States
			 Code;
			(2)appropriate
			 statistical information to determine whether the exchange of records or
			 information about arrests that did not result in convictions is affecting the
			 employment opportunities of employees to whom those records or information
			 pertain;
			(3)any prolonged
			 failure of a reporting jurisdiction to comply with a request by the Attorney
			 General for information about dispositions of arrests;
			(4)the percent of missing arrest dispositions
			 located within the time limit required by this Act; and
			(5)the numbers of successful and unsuccessful
			 challenges to the accuracy and completeness of records or information, by State
			 where the records and information originated.
			7.Report on
			 statutory and regulatory restrictions and disqualifications based on criminal
			 records
			(a)In
			 generalNot later than one year after the date of the enactment
			 of this Act, the Attorney General shall report to Congress on all Federal
			 statutes, regulations, and policies providing employment restrictions and
			 disqualifications based on criminal records.
			(b)Identification
			 of informationIn the report,
			 the Attorney General shall identify each occupation or position to which such
			 restrictions or disqualifications apply, and for each such occupation or
			 position, include—
				(1)a description of
			 the restriction or disqualification;
				(2)the duration of
			 the restriction or disqualification;
				(3)an evaluation of
			 the rationale for the restriction or disqualification and its continuing
			 usefulness;
				(4)the procedures, if
			 any, to appeal, waive or exempt the restriction or disqualification based on a
			 showing of rehabilitation or other relevant evidence;
				(5)any information
			 available about the numbers of individuals restricted or disqualified on the
			 basis of a criminal record; and
				(6)the identity of
			 the Federal agency with jurisdiction over the restriction or
			 disqualification.
				8.DefinitionsIn this Act—
			(1)the term
			 for employment-related purposes includes for the purpose of
			 screening an individual for employment or occupational licensing;
			(2)the term
			 applicant means the person to whom the record or information
			 sought to be exchanged pertains;
			(3)the term
			 requesting entity means the person or entity seeking the
			 exchange of records or information;
			(4)the term
			 State includes the District of Columbia, Puerto Rico, and each
			 other territory and possession of the United States; and
			(5)the term
			 reporting jurisdiction includes any person or entity that
			 provides relevant records and information to the Attorney General under section
			 534 of title 28, United States Code.


110 HR 1846 IH: To amend title XVIII of the Social Security Act to

U.S. House of Representatives
2007-03-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 1846
		IN THE HOUSE OF REPRESENTATIVES

			March 29, 2007
			Mr. Towns introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend title XVIII of the Social Security Act to
		  provide improved access to physical medicine and rehabilitation services under
		  part B of the Medicare Program, and for other purposes.

		1.Short titleThis Act may be cited as the Medicare
			 Access to Physical Medicine and Rehabilitation Services Improvement Act of
			 2007.
		2.Access to
			 physical medicine and rehabilitation services provided incident to a physician
			 Section 1862(a)(20) of the
			 Social Security Act (42 U.S.C. 1395y(a)(20)) is amended by striking
			 (other than any licensing requirement specified by the
			 Secretary) and inserting (other than any licensing, education,
			 or credentialing requirements specified by the Secretary).
		3.Coverage of
			 certified athletic trainer services and certified lymphedema therapist services
			 under part B of the Medicare program
			(a)Coverage of
			 servicesSection 1861 of the
			 Social Security Act (42 U.S.C. 1395x) is amended—
				(1)in subsection
			 (s)(2)—
					(A)in subparagraph (Z), by striking
			 and at the end;
					(B)in subparagraph
			 (AA), by adding and at the end; and
					(C)by adding at the
			 end the following new subparagraph:

							(BB)certified athletic trainer services (as
				defined in subsection (ccc)(1)) and lymphedema therapist services (as defined
				in subsection (ccc)(3));
							;
				and
					(2)by adding at the end the following new
			 subsection:

						(ccc)Certified Athletic Trainer Services and Lymphedema Therapist
		  Services(1)The term certified athletic trainer
				services means services performed by a certified athletic trainer (as
				defined in paragraph (2)) under the supervision of a physician (as defined in
				subsection (r)), which the athletic trainer is legally authorized to perform
				under State law (or the State regulatory mechanism provided by State law) of
				the State in which such services are performed, as would otherwise be covered
				if furnished by a physician (as so defined) or as an incident to a physician’s
				professional service, to an individual—
								(A)who is under the care of a physician (as so
				defined); and
								(B)with respect to whom a plan prescribing the
				type, amount, and duration of services that are to be furnished to such
				individual has been established by a physician (as so defined).
								Such term
				does not include any services for which a facility or other provider charges or
				is paid any amounts with respect to the furnishing of such services.(2)The term certified athletic
				trainer means an individual who—
								(A)in the case of an individual
				performing services in a State that provides for licensure or certification of
				athletic trainers, is licensed or certified as an athletic trainer in such
				State; or
								(B)in the case of an individual
				performing services in a State that does not provide for licensure or
				certification of athletic trainers, possesses a bachelors, master’s or doctoral
				degree which qualifies for certification as an athletic trainer, and, has
				successfully passed a national certification examination for Athletic Trainers
				recognized by the Secretary.
								(3)The term certified lymphedema
				therapist services means services performed by a certified lymphedema
				therapist (as defined in paragraph (4)) under the supervision of a physician
				(as defined by paragraph (1) or (3) of subsection (r)) which the lymphedema
				therapist is legally authorized to perform under State law (or the State
				regulatory mechanism provided by the State law) of the State in which such
				services are performed, as would otherwise be covered if furnished by a
				physician (as so defined) or as incident to a physicians professional service,
				to an individual—
								(A)who is under the care of a physician (as so
				defined); and
								(B)with respect to whom a plan
				prescribing the type, amount, and duration of services that are to be furnished
				to such individual has been established by a physician (as so defined).
								Such term
				does not include any services for which a facility or other provider charges or
				is paid any amounts with respect to the furnishing of such services.(4)The term certified lymphedema
				therapist means an individual who—
								(A)possesses a current unrestricted
				license as a health professional in the State in which the individual
				practices;
								(B)after obtaining such a license, has
				successfully completed 135 hours of Complete Decongestive Therapy coursework
				which consists of theoretical instruction and practical laboratory work
				utilizing teaching methods directly aimed at the treatment of lymphatic and
				vascular disease from a lymphedema training program recognized by the Secretary
				for purposes of certifying lymphedema therapists; and
								(C)in the case of an individual
				performing services in a State that provides for licensure or certification of
				lymphedema therapists, is licensed or certified as a lymphedema therapist in
				such
				State.
								.
				(b)Payment
				(1)In
			 generalSection 1832(a)(2)(B)
			 of such Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the
			 following new clause:

						(v)certified athletic trainer services and
				lymphedema therapist services;
						.
				(2)AmountSection 1833(a)(1) of such Act (42 U.S.C.
			 1395l(a)(1)) is amended—
					(A)by striking and (V) and
			 inserting (V); and
					(B)by inserting
			 before the semicolon at the end the following: , and (W) with respect to
			 certified athletic trainer services and certified lymphedema therapist services
			 under section 1861(s)(2)(BB), the amounts paid shall be 80 percent of the
			 lesser of the actual charge for the service or the fee schedule amount under
			 section 1848 for the same service performed by a physician.
					(3)Payment to
			 employerThe first sentence of section 1842(b)(6) of such Act (42
			 U.S.C. 1395u(b)(6)) is amended—
					(A)by striking
			 and before (H); and
					(B)by inserting before
			 ; but nothing the following: , and (H) in the case of
			 certified athletic trainer services and lymphedema therapist services, payment
			 shall be made to the physician, clinic, or hospital that employs the athletic
			 trainer or lymphedema therapist involved.
					(c)Inclusion of
			 services in the therapy capSection 1833(g)(1) of such Act (42 U.S.C.
			 1395l(g)(1)) is amended—
				(1)by striking
			 and before physical therapy; and
				(2)by inserting after
			 or as incident to physicians’ services, the following:
			 and certified athletic trainer services and certified lymphedema
			 therapist services.
				(d)Inclusion of
			 athletic trainers and lymphedema therapists as practitioners for assignment of
			 claimsSection 1842(b)(18)(C)
			 of such Act (42 U.S.C.1395u(b)(18)(C)) is amended by adding at the end the
			 following new clauses:

					(vii)A certified athletic trainer (as defined in
				section 1861(ccc)(1)).
					(viii)A certified lymphedema therapist
				(as defined in section
				1861(ccc)(2)).
					.
			(e)Coverage of
			 certain physical medicine and rehabilitation services provided in rural health
			 clinics and federally qualified health centersSection 1861(aa)(1)(B) of such Act (42
			 U.S.C. 1395x(aa)(1)(B)) is amended—
				(1)by striking
			 or before by a clinical social worker; and
				(2)by
			 inserting after subsection (hh)(1)), the following: by a
			 certified athletic trainer (as defined in subsection (ccc)(2)), or by a
			 certified lymphedema therapist (as defined in subsection
			 (ccc)(4)).
				(f)Effective
			 dateThe amendments made by
			 this section shall apply with respect to services furnished on or after January
			 1, 2008.