		II

		Calendar No. 223

		109th CONGRESS

		1st Session

		S. 1771

		IN THE SENATE OF THE UNITED STATES

			September 26, 2005

			Mr. Enzi (for himself

			 and Mr. Kennedy) introduced the following

			 bill; which was read the first time

			September 27, 2005

			Read the second time and placed on the

			 calendar

		A BILL

		To express the sense of Congress and to improve reporting

		  with respect to the safety of workers in the response and recovery activities

		  related to Hurricane Katrina, and for other purposes.

		1.Short

			 titleThis Act may be cited as

			 the Katrina Worker Safety and Filing

			 Flexibility Act of 2005.

		2.Sense of

			 Congress concerning the safety and health of emergency response, recovery, and

			 reconstruction workers

			(a)FindingsCongress

			 finds that—

				(1)individuals

			 working in emergency response, recovery, and reconstruction in the disaster

			 areas in Louisiana, Mississippi, and Alabama in the wake of Hurricane Katrina

			 face numerous and uncommon worksite and environmental hazards;

				(2)workers may be

			 facing hazards with which they have little prior experience or training, and

			 typical communication channels may not be as effective as they are under normal

			 circumstances;

				(3)the Occupational

			 Safety and Health Administration (referred to in this section as

			 OSHA) has deployed safety and health professionals to Louisiana,

			 Mississippi, and Alabama to provide technical assistance to emergency response,

			 recovery, and reconstruction workers in their ongoing cleanup efforts along the

			 Gulf Coast of the United States; and

				(4)OSHA’s efforts to

			 protect first responders and emergency response, recovery and reconstruction

			 workers are being guided by the Worker Health and Safety Annex plan, as

			 established in the National Response Plan that was recently adopted by the

			 Department of Homeland Security.

				(b)Sense of

			 CongressIt is the sense of Congress that—

				(1)as soon as

			 practicable after the date of enactment of this Act OSHA should—

					(A)implement all of

			 the relevant provisions of the Worker Health and Safety Annex plan;

					(B)in addition to

			 making public service announcements, develop additional methods to provide

			 workers and employers with the information they need to maintain a safe

			 workplace, including their rights and obligations under health and safety laws,

			 such as working through OSHA’s Strategic Partnerships, and working with

			 contractors and labor organizations to reach all employers and workers involved

			 in the emergency response, recovery, and reconstruction;

					(C)work to

			 communicate with immigrant and non-English speaking workers and employers about

			 safety rights, resources, and requirements;

					(D)deploy sufficient

			 personnel to the region to successfully carry out their mission, including

			 enforcement of and education about safety standards and rights;

					(E)work with State,

			 local, and tribal governments to ensure the availability and management of all

			 available safety resources for emergency response, recovery, and reconstruction

			 workers;

					(F)work with other

			 Federal agencies such as Federal Emergency Management Agency, the National

			 Institute of Occupational Safety and Health, the Environmental Protection

			 Agency, the Chemical Safety Hazard Board, the National Institute of

			 Environmental Health Sciences, the Department of Energy, the Department of

			 Health and Human Services, and the Department of Transportation to identify

			 hazards, determine the optimum hazard abatement solutions and communicate those

			 solutions to potentially endangered workers and employers, and to identify the

			 need for personal protective equipment for employees engaged in clean-up of

			 hazardous materials and, when possible, coordinate and facilitate distribution

			 of such equipment; and

					(G)work with the

			 Environmental Protection Agency and the National Institute of Environmental

			 Health Sciences to provide technical assistance and training for workers

			 covered by Hazardous Waste Operations and Emergency Response Standards;

			 and

					(2)records of the

			 identity of individuals involved in the recovery and rebuilding efforts should

			 be maintained, and therefore all entities engaged in these efforts are

			 encouraged to maintain such records, and, if maintained, to forward such

			 records and rosters to OSHA or the appropriate agency for collection and

			 central storage.

				3.Communications,

			 enforcement, and trainingThere are authorized to be appropriated such

			 sums as may be necessary to enable the Department of Labor and the Occupational

			 Safety and Health Administration to pay for needed communications, including

			 public service announcements on radio and television, to provide for additional

			 personnel, to enforce safety standards, and to provide needed health and safety

			 training and resources to affected workers and employers.

		4.ReportingNot later than 60 days after the date of

			 enactment of this Act, the Secretary of Labor jointly with the Administrator of

			 the Occupational Safety and Health Administration, shall provide a briefing to

			 the members of the Committee on Health, Education, Labor, and Pensions and the

			 Committee on Appropriations of the Senate and the members of the Committee on

			 Education and the Workforce and the Committee on Appropriations of the House of

			 Representatives concerning the progress made toward providing necessary

			 personnel to enforce safety standards providing needed health and safety

			 training and resources to affected workers and employers relating to Hurricane

			 Katrina reconstruction and coordinating efforts with other agencies including

			 Federal Emergency Management Agency, the National Institute of Occupational

			 Safety and Health, the Environmental Protection Agency, and the National

			 Institute of Environmental Health Sciences. Such briefing shall include a

			 report on the resources expended or needed to implement such measures. Not

			 later than 9 months after such date of enactment, the Secretary of Labor and

			 the Administrator of the Occupational Safety and Health Administration shall

			 deliver a written report to Congress summarizing the success in achieving such

			 goals.

		5.Extension of

			 deadlines for LMRDAWith

			 respect to—

			(1)any labor organization or employer, the

			 principal place of business of which is located in an area declared a disaster

			 area by the President under section 401 of the Robert T. Stafford Disaster

			 Relief and Emergency Assistance Act (42 U.S.C. 5170), related to Hurricane

			 Katrina, or whose financial records, or any potion thereof, are located in such

			 an area; or

			(2)any officer or employee of a labor

			 organization who resides in such an area or whose financial records, or any

			 potion thereof, are located in such an area; and

			that is

			 required to file an annual financial report pursuant to Title II of the

			 Labor-Management Reporting and Disclosure Act (29 U.S.C. 431 et seq.) by

			 September 30, 2005, the Secretary of Labor shall extend the deadline for filing

			 such reports as appropriate, but in no case to a date that is earlier than

			 March 31, 2006.6.Department of

			 Labor inspector general audit and report

			(a)In

			 generalThe Inspector General

			 of the Department of Labor (referred to in this section as the Inspector

			 General) shall conduct an audit and investigation of each program

			 carried out by the Department of Labor that includes response and recovery

			 activities related to Hurricane Katrina.

			(b)Weekly

			 reportNot less frequently

			 than once a week, the Inspector General shall provide a report to the Committee

			 on Health, Education, Labor, and Pensions of the Senate and the Committee on

			 Education and the Workforce of the House of Representatives listing the audits

			 and investigations initiated pursuant to subsection (a).

			(c)Status

			 reportNot later than 6

			 months after the date of enactment of this section, and biannually thereafter

			 until the audits and investigations described in subsection (a) are complete,

			 the Inspector General shall report to the Committee on Health, Education,

			 Labor, and Pensions of the Senate and the Committee on Education and the

			 Workforce of the House of Representatives on the full status of the activities

			 of the Inspector General under this section.

			(d)Cooperative

			 venturesIn carrying out this

			 section, the Inspector General is encouraged to enter into cooperative ventures

			 with Inspectors General of other Federal agencies.

		September 27, 2005

		Read the second time and placed on the

		  calendar


117 S1501 IS: Stop Corporate Inversions Act of 2021
U.S. Senate
2021-04-29
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.

II117th CONGRESS1st SessionS. 1501IN THE SENATE OF THE UNITED STATESApril 29, 2021Mr. Durbin (for himself, Mr. Reed, Ms. Hirono, Mr. Blumenthal, Ms. Duckworth, Mr. Brown, Mr. Whitehouse, Ms. Warren, Mrs. Feinstein, Mr. Leahy, Mr. Van Hollen, and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to modify the rules relating to inverted corporations.1.Short titleThis Act may be cited as the Stop Corporate Inversions Act of 2021.2.Modifications to rules relating to inverted corporations(a)In generalSubsection (b) of section 7874 of the Internal Revenue Code of 1986 is amended to read as follows:(b)Inverted corporations treated as domestic corporations(1)In generalNotwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if—(A)such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting 80 percent for 60 percent, or(B)such corporation is an inverted domestic corporation.(2)Inverted domestic corporationFor purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—(A)the entity completes after May 8, 2014, the direct or indirect acquisition of—(i)substantially all of the properties held directly or indirectly by a domestic corporation, or(ii)substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and(B)after the acquisition, either—(i)more than 50 percent of the stock (by vote or value) of the entity is held—(I)in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or(II)in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership, or(ii)the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, and such expanded affiliated group has significant domestic business activities.(3)Exception for corporations with substantial business activities in foreign country of organizationA foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term substantial business activities shall have the meaning given such term under regulations in effect on January 18, 2017, except that the Secretary may issue regulations increasing the threshold percent in any of the tests under such regulations for determining if business activities constitute substantial business activities for purposes of this paragraph.(4)Management and controlFor purposes of paragraph (2)(B)(ii)—(A)In generalThe Secretary shall prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring, directly or indirectly, primarily within the United States. The regulations prescribed under the preceding sentence shall apply to periods after May 8, 2014.(B)Executive officers and senior managementSuch regulations shall provide that the management and control of an expanded affiliated group shall be treated as occurring, directly or indirectly, primarily within the United States if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the expanded affiliated group are based or primarily located within the United States. Individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title.(5)Significant domestic business activitiesFor purposes of paragraph (2)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of—(A)the employees of the group are based in the United States,(B)the employee compensation incurred by the group is incurred with respect to employees based in the United States,(C)the assets of the group are located in the United States, or(D)the income of the group is derived in the United States,determined in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (3) as in effect on January 18, 2017, but applied by treating all references in such regulations to foreign country and relevant foreign country as references to the United States. The Secretary may issue regulations decreasing the threshold percent in any of the tests under such regulations for determining if business activities constitute significant domestic business activities for purposes of this paragraph..(b)Conforming amendments(1)Clause (i) of section 7874(a)(2)(B) of such Code is amended by striking after March 4, 2003, and inserting after March 4, 2003, and before May 8, 2014,.(2)Subsection (c) of section 7874 of such Code is amended—(A)in paragraph (2)—(i)by striking subsection (a)(2)(B)(ii) and inserting subsections (a)(2)(B)(ii) and (b)(2)(B)(i); and(ii)by inserting or (b)(2)(A) after (a)(2)(B)(i) in subparagraph (B);(B)in paragraph (3), by inserting or (b)(2)(B)(i), as the case may be, after (a)(2)(B)(ii);(C)in paragraph (5), by striking subsection (a)(2)(B)(ii) and inserting subsections (a)(2)(B)(ii) and (b)(2)(B)(i); and(D)in paragraph (6), by inserting or inverted domestic corporation, as the case may be, after surrogate foreign corporation.(c)Effective dateThe amendments made by this section shall apply to taxable years ending after May 8, 2014.


114 SRES 439 ATS: Congratulating the University of Nebraska-Lincoln women’s bowling team for winning the 2015 National Collegiate Athletic Association Bowling Championship.
U.S. Senate
2016-04-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		114th CONGRESS
		2d Session
		S. RES. 439
		IN THE SENATE OF THE UNITED STATES

			April 25, 2016
			Mrs. Fischer (for herself and Mr. Sasse) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Congratulating the University of Nebraska-Lincoln women’s bowling team for winning the 2015
			 National Collegiate Athletic Association Bowling Championship.

 Whereas, on April 11, 2015, the University of Nebraska-Lincoln Cornhuskers won the National Collegiate Athletic Association Bowling Championship in Richmond Heights, Missouri, defeating Stephen F. Austin by a score of 4 to 2;
 Whereas the University of Nebraska-Lincoln has won 10 national bowling championships; Whereas all of the members of the University of Nebraska-Lincoln women’s bowling team, Kelly Belzeski, Julia Bond, April Campbell, Melanie Crawford, Bethany Hedley, Lizabeth Kuhlkin, Gazmine Mason, Alexandra Mosquera, Andrea Ruiz, and Briana Zabierek, contributed to this outstanding victory;
 Whereas head coach Bill Straub, assistant coach Paul Klempa, and office manager Kim Straub guided this outstanding group of women to a national championship;
 Whereas Julia Bond was named the tournament’s Most Valuable Player and Liz Kuhlkin was named to the All-Tournament Team; and
 Whereas Liz Kuhlkin was named the National Tenpin Coaches Association Women’s Collegiate Bowler of the Year: Now, therefore, be it

 That the Senate— (1)congratulates the University of Nebraska-Lincoln women’s bowling team as the winner of the 2015 National Collegiate Athletic Association Bowling Championship;
 (2)commends the players, coaches, and staff of the University of Nebraska-Lincoln women’s bowling team for their hard work and dedication;
 (3)recognizes the students, alumni, and loyal fans who supported the Cornhuskers on their journey to achieve another championship for the University of Nebraska-Lincoln; and
 (4)respectfully requests that the Secretary of the Senate prepare an official copy of this resolution for presentation to—
 (A)the president of the University of Nebraska; (B)the athletic director of the University of Nebraska-Lincoln; and
 (C)the head coach of the University of Nebraska-Lincoln women’s bowling team.


IV
112th CONGRESS
1st Session
H. RES. 293
In the House of Representatives, U. S.,

June 2, 2011

RESOLUTION
Electing a Member to a certain standing committee of the House of Representatives.

That the following named Member be, and is hereby, elected to the following standing committee of the House of Representatives:

Committee on homeland security:Ms. Hochul.

Karen L. Haas,Clerk.


117 S2653 IS: Collegiate Housing and Infrastructure Act of 2021
U.S. Senate
2021-08-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2653IN THE SENATE OF THE UNITED STATESAugust 5, 2021Mr. Cardin (for himself, Mr. Blunt, and Mrs. Capito) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to provide for collegiate housing and infrastructure grants.1.Short titleThis Act may be cited as the Collegiate Housing and Infrastructure Act of 2021.2.Charitable organizations permitted to make collegiate housing and infrastructure grants(a)In generalSection 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:(s)Treatment of organizations making collegiate housing and infrastructure improvement grants(1)In generalFor purposes of subsection (c)(3) and sections 170(c)(2)(B), 2055(a)(2), and 2522(a)(2), an organization shall not fail to be treated as organized and operated exclusively for charitable or educational purposes solely because such organization makes collegiate housing and infrastructure grants to an organization described in subsection (c)(7) which applies the grant to its collegiate housing property.(2)Housing and infrastructure grantsFor purposes of paragraph (1), collegiate housing and infrastructure grants are grants for capital improvements to provide, improve, operate, or maintain collegiate housing property that may involve more than incidental social, recreational, or private purposes, so long as such grants are for purposes that would be permissible for a dormitory or other residential facility of the college or university with which the collegiate housing property is associated. A grant shall not be treated as a collegiate housing and infrastructure grant for purposes of paragraph (1) to the extent that such grant is used to provide physical fitness facilities.(3)Collegiate housing propertyFor purposes of this subsection, collegiate housing property is property in which, at the time of a grant or following the acquisition, lease, construction, or modification of such property using such grant, substantially all of the residents are full-time students at the college or university in the community where such property is located.(4)Grants to certain organizations holding title to property, etcFor purposes of this subsection, a collegiate housing and infrastructure grant to an organization described in subsection (c)(2) or (c)(7) holding title to property exclusively for the benefit of an organization described in subsection (c)(7) shall be considered a grant to the organization described in subsection (c)(7) for whose benefit such property is held..(b)Effective dateThe amendment made by this section shall apply to grants made in taxable years ending after the date of the enactment of this Act.


115 HR 482 IH: Local Zoning Decisions Protection Act of 2017
U.S. House of Representatives
2017-01-12
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 CONGRESS1st SessionH. R. 482IN THE HOUSE OF REPRESENTATIVESJanuary 12, 2017Mr. Gosar (for himself, Mr. Babin, Mrs. Blackburn, Mr. Blum, Mr. Buck, Mr. Burgess, Mr. DesJarlais, Mr. Duncan of South Carolina, Mr. Duncan of Tennessee, Mr. Franks of Arizona, Mr. Grothman, Mr. King of Iowa, Mr. Massie, Mr. McClintock, Mr. Poe of Texas, Mr. Rohrabacher, Mr. Sessions, Mr. Smith of Missouri, Mr. Webster of Florida, Mr. Yoho, and Mr. Brat) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo nullify certain regulations and notices of the Department of Housing and Urban Development, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Local Zoning Decisions Protection Act of 2017. 2.Nullification of rules and notices (a)Final ruleThe final rule of the Department of Housing and Urban Development entitled Affirmatively Furthering Fair Housing, published in the Federal Register on July 16, 2015 (80 Fed. Reg. 42272; Docket No. FR–5173–F–04), and any successor rule that is substantially similar to such final rule shall have no force or effect.
 (b)NoticeThe notice of the Department of Housing and Urban Development relating to the Affirmatively Furthering Fair Housing Assessment Tool, published in the Federal Register on December 31, 2015 (80 Fed. Reg. 81840; Docket No. FR–5173–N–07), and any successor notice or rule substantially similar to such notice shall have no force or effect.
 3.Prohibition on use of Federal fundsNotwithstanding any other provision of law, no Federal funds may be used to design, build, maintain, utilize, or provide access to a Federal database of geospatial information on community racial disparities or disparities in access to affordable housing.
		4.Federalism consultation and report
 (a)In generalThe Secretary of Housing and Urban Development shall jointly consult with State officials, local government officials, and officials of public housing agencies to develop recommendations, consistent with applicable rulings of the Supreme Court of the United States, to further the purposes and policies of the Fair Housing Act.
 (b)Consultation requirementsIn developing the recommendations required under subsection (a), the Secretary shall— (1)provide State officials, local government officials, and officials of public housing agencies with notice and an opportunity to participate in the consultation process required under subsection (a);
 (2)seek to consult with State officials, local government officials, and officials of public housing agencies that represent a broad cross-section of regional, economic, and geographic perspectives in the United States;
 (3)emphasize the importance of collaboration with and among the State officials, local government officials, and officials of public housing agencies;
 (4)allow for meaningful and timely input by State officials, local government officials, and officials of public housing agencies;
 (5)promote transparency in the consultation process required under subsection (a); and (6)explore with State officials, local government officials, and officials of public housing agencies whether Federal objectives under the Fair Housing Act can be attained by means other than through new regulations.
				(c)Reports
 (1)In generalNot later than 12 months after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a draft report describing the recommendations developed pursuant to subsection (a).
 (2)Consensus requirementThe Secretary may include a recommendation in the draft report only if consensus has been reached with regard to the recommendation among the Secretary, the State officials, local government officials, and officials of public housing agencies consulted pursuant to subsection (a).
 (3)Failure to reach consensusIf the Secretary, State officials, local government officials, and officials of public housing agencies consulted under subsection (a) fail to reach consensus on a regulatory proposal, the draft report shall identify that consensus was not reached and shall describe—
 (A)the areas and issues with regard to which consensus was reached; (B)the areas and issues of continuing disagreement that resulted in the failure to reach consensus; and
 (C)the reasons for the continuing disagreements. (4)Public review and comment periodThe Secretary shall make the draft report available for public review and comment for a period of not fewer than 180 days.
 (5)Final reportThe Secretary shall, in consultation with the State officials, local government officials, and officials of public housing agencies, address any comments received pursuant to paragraph (4) and shall prepare a final report describing the final results of the consultation process under subsection (a).
 (d)Submission of final reportNot later than 12 months after the date of enactment of this Act, the Secretary shall make publicly available online the final report prepared pursuant to subsection (c)(5).
 (e)DefinitionsIn this Act, the following definitions apply: (1)SecretaryThe term Secretary means the Secretary of Housing and Urban Development.
 (2)Local government officialThe term local government official means an elected or professional official of a local government or an official of a regional or national organization representing local governments or officials.
 (3)State officialThe term State official means an elected or professional official of a State government or an official of a regional or national organization representing State governments or officials.
 (4)Public housing agencyThe term public housing agency has the meaning given such term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).


		III
		110th CONGRESS
		2d Session
		S. RES. 659
		IN THE SENATE OF THE UNITED STATES

			September 15, 2008
			Mr. Schumer (for
			 himself, Mr. Whitehouse,
			 Mrs. Clinton, and
			 Mr. Biden) submitted the following
			 resolution; which was referred to the Committee on the Judiciary

			September 25
			 (legislative day, September 17), 2008
			 Reported by Mr. Leahy,
			 without amendment

			September 26
			 (legislative day, September 17), 2008
			Considered and agreed to

		RESOLUTION
		Designating September 27, 2008, as Alcohol
		  and Drug Addiction Recovery Day.

		Whereas treatment and long-term recovery from substance
			 use disorders can offer a renewed outlook on life for those who are addicted
			 and their family members;
		Whereas more than 23,000,000 people in the United States
			 struggle with substance use disorders;
		Whereas people who receive treatment for substance use
			 disorders can lead more productive and fulfilling lives, personally and
			 professionally;
		Whereas studies have consistently found that treatment is
			 essential for people to be successful in their paths of recovery;
		Whereas real stories of long-term recovery can inspire
			 others to ask for help and improve their own lives, the lives of their
			 families, and the entire community;
		Whereas it is critical that we educate our community
			 members that substance use disorders are treatable chronic diseases, and that
			 by reaching out to those who suffer from these disorders we can improve the
			 quality of life for the entire community;
		Whereas, to help achieve this goal, the Department of
			 Health and Human Services, the Substance Abuse and Mental Health Services
			 Administration, the National Council on Alcoholism and Drug Dependency, the
			 Partnership for a Drug-Free America, and A&E Television Networks, along
			 with thousands of people from across the country, will hold a Recovery Rally on
			 the Brooklyn Bridge and in City Hall Park in New York City on September 27,
			 2008; and
		Whereas the Recovery Rally will be part of National
			 Alcohol and Drug Addiction Recovery Month: Now, therefore, be it

		That the Senate—
			(1)designates
			 September 27, 2008, as Alcohol and Drug Addiction Recovery Day; and
			(2)calls upon the
			 people of the United States to observe this day with appropriate programs,
			 activities, and ceremonies.


		IA
		112th CONGRESS
		2d Session
		H. J. RES. 107
		IN THE HOUSE OF REPRESENTATIVES

			March 29, 2012
			Mr. Franks of Arizona
			 (for himself, Mr. Fortenberry,
			 Mr. Harris,
			 Mr. Westmoreland,
			 Mr. Fleming,
			 Mr. Huelskamp,
			 Mr. Lamborn,
			 Mr. Duncan of South Carolina,
			 Mr. Gohmert,
			 Mr. Mulvaney,
			 Mr. Kingston,
			 Mr. Pitts,
			 Mr. Walsh of Illinois,
			 Mr. Manzullo, and
			 Mr. Flores) introduced the following
			 joint resolution; which was referred to the
			 Committee on the
			 Judiciary

		JOINT RESOLUTION
		Proposing an amendment to the Constitution
		  of the United States relating to parental rights.

		That the following article is
			 proposed as an amendment to the Constitution of the United States, which shall
			 be valid to all intents and purposes as part of the Constitution when ratified
			 by the legislatures of three-fourths of the several States within seven years
			 after the date of its submission for ratification:

				 —
					1.The liberty of parents to direct the
				education of their children is a fundamental right.
					2.Neither the United States nor any State
				shall infringe upon this right without demonstrating that its governmental
				interest as applied to the person is of the highest order and not otherwise
				served.
					3.No treaty may be adopted nor shall any
				source of international law be employed to supersede, modify, interpret, or
				apply to the rights guaranteed by this
				article.
					.


110 HR 6688 IH: Seasoned Customer CTR Exemption Act of 2008
U.S. House of Representatives
2008-07-31
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 2d Session
H. R. 6688
IN THE HOUSE OF REPRESENTATIVES

July 31, 2008
Mr. Foster (for himself, Mr. Frank of Massachusetts, and Mr. Moore of Kansas) introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To amend section 5313 of title 31, United States Code, to reform certain requirements for reporting cash transactions, and for other purposes.

1.Short titleThis Act may be cited as the Seasoned Customer CTR Exemption Act of 2008.
2.Findings The Congress finds as follows:
(1)When it is possible to reduce the regulatory burden on depository institutions associated with reporting requirements under chapter 53 of title 31, United States Code, while at the same time maintaining the utility of such reports to law enforcement efforts, it is appropriate to do so.
(2)In February 2008, the Comptroller General issued a report titled Bank Secrecy Act: Increased Use of Exemption Provisions Could Reduce Currency Transaction Reporting While Maintaining Usefulness to Law Enforcement Efforts (GAO–08–355).
(3)The Comptroller General finds that since transactions of exempt customers are of little or no value to law enforcement efforts, efforts made to increase the use of such exemptions by depository institutions could reduce the regulatory burden associated with filing unnecessary cash transaction reports and the government’s costs to process them, while maintaining the utility of such reports to law enforcement efforts.
(4)The Comptroller General finds that the requirement that depository institutions file biennial renewals for Phase II customer exemptions duplicates the required annual review of such exemptions and discourages the use of some exemptions.
(5)The Comptroller General finds that eliminating the requirement that depository institutions file biennial renewals for Phase II customer exemptions could increase the use of such exemptions and reduce the burden associated with filing unnecessary cash transaction reports.
(6)The Comptroller General recommends eliminating the requirement that depository institutions biennially renew Phase II exemptions.
(7)The Comptroller General finds that the cash transactions of government entities and depository institutions are likely of little or no use to law enforcement efforts and that cash transaction reports related to these entities are unnecessary.
(8)The Comptroller General finds that, although the amendments made to chapter 53 of title 31, United States Code, by the Money Laundering Suppression Act of 1994 required the Secretary of the Treasury to exempt depository institutions from filing cash transaction reports on the transactions of government entities and depository institutions and did not explicitly require the filing of exemption forms or annual review of such information with respect to the exempt entities to effectuate any such exemption, the regulations prescribed by the Secretary nonetheless require depository institutions to file such exemption forms and annual reviews.
(9)The Comptroller General finds that the requirement that depository institutions file forms to exempt government entities and depository institutions, and conduct annual reviews of related information, discourages the use of such exemptions and creates cash transaction reports that are of little or no value to law enforcement efforts.
(10)The Comptroller General recommends eliminating the requirement that depository institutions file exemption forms and annually review the supporting information for government entities and depository institutions.
(11)The Comptroller General finds that requiring depository institutions to wait 12 months before exempting certain customers with large numbers of cash transactions may needlessly create cash transaction reports that are not highly useful to law enforcement efforts.
(12)The Comptroller General finds that allowing depository institutions to exempt clients with frequent cash transactions within a time period of less than a year could avoid the filing of unnecessary cash transaction reports.
(13)The Comptroller General recommends considering a change in requirements to allow depository institutions to exempt otherwise-eligible customers with frequent large cash transactions within a period of time shorter than 12 months.
3.Exception from currency transaction reports for seasoned customersSection 5313(e) of title 31, United States Code, is amended to read as follows:

(e)Qualified customer exemption
(1)In generalBefore the end of the 270-day period beginning on the date of the enactment of the Seasoned Customer CTR Exemption Act of 2008, the Secretary of the Treasury shall prescribe regulations that exempt any depository institution from filing a report pursuant to this section after the effective date of such regulations in connection with a transaction for the payment, receipt, or transfer of United States coins or currency (or other monetary instruments the Secretary of the Treasury prescribes) with a qualified customer of the depository institution.
(2)Qualified customer definedFor purposes of this section, the term qualified customer, with respect to a depository institution, has such meaning as the Secretary of the Treasury shall prescribe, which shall include any person that—
(A)is incorporated or organized under the laws of the United States or any State, including a sole proprietorship (as defined in 31 CFR 103.22(d)(6)(vii), as in effect on January 4, 2007), or is registered as and eligible to do business within the United States or a State; and
(B)has maintained a deposit account with the depository institution for at least 2 months, or has engaged, using such an account, in multiple currency transactions that are subject to the reporting requirements of subsection (a).
(3)Regulations
(A)In generalThe Secretary of the Treasury shall prescribe regulations requiring a depository institution to file a 1-time notice of designation of exemption for each qualified customer of the depository institution.
(B)Form and content of exemption noticeThe Secretary shall by regulation prescribe the form, manner, content, and timing of the qualified customer exemption notice and such notice shall include information sufficient to identify the qualified customer and the accounts of the customer.
(C)Authority of secretary
(i)In generalThe Secretary may suspend, reject, or revoke any qualified customer exemption notice, in accordance with criteria prescribed by the Secretary by regulation.
(ii)ConditionsThe Secretary may establish conditions, in accordance with criteria prescribed by regulation, under which exempt qualified customers of an insured depository institution that is merged with or acquired by another insured depository institution will continue to be treated as designated exempt qualified customers of the surviving or acquiring institution..
4.Exception from currency transaction reports for government entities, depository institutions, and certain other financial institutions
(a)In generalSection 5313(d) of title 31, United States Code, is amended to read as follows:

(d)Mandatory exemptions from reporting requirements
(1)In generalUpon enactment of the Seasoned Customer CTR Exemption Act of 2008, the Secretary of the Treasury shall exempt, pursuant to section 5318(a)(6), a depository institution from the reporting requirements of subsection (a), without requiring the depository institution to file a notice of designation of exemption or to annually review the information supporting the exemption, with respect to transactions between the depository institution and the following categories of entities:
(A)Another depository institution.
(B)A department or agency of the United States, any State, or any political subdivision of any State.
(C)Any entity established under the laws of the United States, any State, or any political subdivision of any State, or under an interstate compact between 2 or more States, which exercises governmental authority on behalf of the United States, the State, or the political subdivision.
(D)Any entity, other than a bank, whose common stock or analogous equity interests are listed on the New York Stock Exchange or the American Stock Exchange or whose common stock or analogous equity interests have been designated as a Nasdaq National Market Security listed on the Nasdaq Stock Market (except stocks or interests listed under the separate Nasdaq Small-Cap Issues heading), except that, for purposes of this subparagraph, a person that is a financial institution, other than a bank, is an exempt person only to the extent of such institution’s domestic operations.
(E)Any subsidiary, other than a bank, of any entity described in subparagraph (D) that is organized under the laws of the United States or of any State and at least 51 percent of whose common stock or analogous equity interest is owned by the listed entity, except that, for purposes of this subparagraph, a person that is a financial institution, other than a bank, is an exempt person only to the extent of such institution’s domestic operations.
(F)Any business or category of business the reports on which have little or no value for law enforcement purposes.
(2)Notice of exemptionThe Secretary of the Treasury shall publish in the Federal Register at such times as the Secretary determines to be appropriate (but not less frequently than once each year) a list of all the entities whose transactions with a depository institution are exempt under this subsection from the reporting requirements of subsection (a)..
(b)Election To report notwithstanding exemptionSection 5313(f) of title 31, United States Code, is amended by adding at the end the following new paragraph:

(3)Depository institution electionsA depository institution may elect to report a transaction that would otherwise qualify for an exemption under subsection (d) or (e), and a depository institution that makes such an election shall not be subject to any penalty, liability, enforcement remedy, or supervisory criticism for such reporting..
(c)Technical and conforming amendmentThe heading for subsection (f) of section 5313 of title, United States Code, is amended by striking mandatory and discretionary.


113 S1687 IS: Payroll Fraud Prevention Act of 2013
U.S. Senate
2013-11-12
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.

II113th CONGRESS1st SessionS. 1687IN THE SENATE OF THE UNITED STATESNovember 12, 2013Mr. Casey (for himself, Mr. Brown, Mr. Harkin, and Mr. Franken) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Fair Labor Standards Act of 1938 to ensure
		  that employees are not misclassified as non-employees, and for other
		  purposes.1.Short titleThis Act may be cited as the
			 Payroll Fraud Prevention Act of 2013.2.Classification of
			 employees and non-employees(a)DefinitionsSection
			 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding
			 at the end the following:(z)Non-employee
				means an individual who—(1)a person has
				engaged, in the course of the trade or business of the person, for the performance
				of labor or services; and(2)is not an
				employee of the person.(aa)Covered
				individual when used with respect to an employer or other person
				means—(1)an employee of
				the employer; or(2)a non-employee of
				the person (including a person who is an employer)—(A)whom the person
				has engaged, in the course of the trade or business of the person, for the
				performance of labor or services; and(B)(i)with respect to whom
				the person is required to file an information return under section 6041A(a) of
				the Internal Revenue Code of 1986; or(ii)who is providing labor or services
				to the person through an entity that is a trust, estate, partnership,
				association, company, or corporation (as such terms are used in section
				7701(a)(1) of the Internal Revenue Code of 1986) if—(I)such individual has an ownership interest
				in the entity;(II)creation or maintenance of such entity
				is a condition for the provision of such labor or services to the person;
				and(III)the person would be required to file an
				information return for the entity under section 6041A(a) of the Internal
				Revenue Code of 1986 if the entity was an
				individual..(b)Classification
			 as employeesSection 11(c) of
			 the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended—(1)by striking
			 (c) Every employer subject to any provision of this Act or of any order
			 issued under this Act and inserting the following:(c)Recordkeeping;
				classification; notice(1)RecordkeepingEvery
				person subject to any provision of this Act or of any order issued under this
				Act;
				and(2)by adding at the
			 end the following:(2)Classification(A)In
				generalEvery person (including every employer and enterprise),
				who employs any employee engaged in commerce or in the production of goods for
				commerce or engages any non-employee engaged in commerce or in the production
				of goods for commerce, shall—(i)accurately
				classify each covered individual as an employee or a non-employee (as the case may
				be);(ii)provide, to each
				covered individual, a written notice that—(I)informs the
				covered individual of the classification of such individual, by the person submitting
				the notice, as an employee or a non-employee;(II)includes a
				statement directing such individual to the Department of Labor website
				established under section 3 of the Payroll Fraud Prevention Act of 2013, or other appropriate resources, for the
				purpose of providing further information about the legal rights of an employee;(III)includes the
				address and telephone number for the applicable local office of the Department
				of Labor; and(IV)includes for
				each covered individual classified as a non-employee by the person providing
				the notice, the following statement: Your rights to wage, hour, and
				other labor protections depend upon your proper classification as an employee
				or a non-employee. If you have any questions or concerns about how you have been
				classified or suspect that you may have been misclassified, contact the U.S.
				Department of Labor.; and(iii)maintain a copy
				of such notice as a required record under paragraph (1).(B)Timing of
				notice(i)In
				generalThe notice described
				in subparagraph (A)(ii) shall be provided, at a minimum, to each covered individual not later than 6
				months after the date of enactment of the Payroll Fraud Prevention Act of 2013, and
				thereafter—(I)for each new employee, upon employment;
				and(II)for each new non-employee, upon commencement of
				the labor or services provided by the non-employee.(ii)Change in
				statusEach person required
				to provide a notice under subparagraph (A)(ii) to a covered individual shall
				also provide such notice to such individual upon changing the status of such individual as an employee or a non-employee.(C)Presumption(i)In
				generalFor purposes of this
				Act and the regulations or orders issued under this Act, a covered individual
				to whom a person is required to provide a notice under subparagraph (A)(ii)
				shall be presumed to be an employee of the person if the person has not
				provided the individual with such notice within the time required under
				subparagraph (B).(ii)RebuttalThe
				presumption under clause (i) shall be rebutted only through the presentation of
				clear and convincing evidence that a covered individual described in such
				subparagraph is not an employee of the
				person..(c)Special
			 prohibited actsSection 15(a) of the Fair Labor Standards Act of
			 1938 (29 U.S.C. 215(a)) is amended—(1)by striking
			 paragraph (3) and inserting the following:(3)to discharge or
				in any other manner discriminate against any covered individual (including an
				employee) because such individual has—(A)opposed any
				practice, filed any petition or complaint, or instituted or caused to be
				instituted any proceeding—(i)under or related
				to this Act (including concerning the status of a  covered individual as an employee
				or a non-employee for purposes of this Act); or(ii)concerning the status of a covered individual as an employee or a non-employee for employment tax
				purposes within the meaning of subtitle C of the Internal Revenue Code of 1986;(B)testified or is
				about to testify in any proceeding described in subparagraph (A); or(C)served, or is
				about to serve, on an industry
				committee;;
				(2)in paragraph (5),
			 by striking the period at the end and inserting ; and;
			 and(3)by adding at the
			 end the following:(6)to wrongly classify an employee of the
				person as a non-employee in accordance with section
				11(c)(2)..(d)Special penalty
			 for certain misclassification, recordkeeping, and notice
			 violationsSection 16 of the
			 Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended—(1)in
			 subsection (b)—(A)in the sixth
			 sentence, by striking any employee each place the term occurs
			 and inserting any covered individual;(B)in the fourth
			 sentence—(i)by striking employees and inserting covered
			 individual; and(ii)by striking he gives his consent and inserting such covered individual consents;(C)in the third
			 sentence—(i)by
			 striking either of the preceding sentences and inserting
			 any of the preceding sentences;(ii)by
			 striking one or more employees and inserting one or more
			 covered individuals; and(iii)by striking
			 in behalf of himself or themselves and other employees and inserting on behalf of such covered individual or individuals and other covered
			 individuals; and(D)by inserting after
			 the first sentence the following: Such liquidated damages are doubled
			 (subject to section 11 of the Portal-to-Portal Act of 1947 (29 U.S.C. 260))
			 where, in addition to violating the provisions of section 6 or 7, the employer
			 has violated the provisions of section 15(a)(6) with respect to such employee
			 or employees.; and(2)in subsection
			 (e), by striking paragraph (2) and inserting the following:(2)Any person who violates section 6, 7,
				11(c), or 15(a)(6) shall be subject to a civil penalty, for each employee or
				other individual who was the subject of such a violation, in an amount—(A)not to exceed $1,100; or(B)in the case of a person who has
				repeatedly or willfully committed such violation, not to exceed
				$5,000..3.Employee rights
			 websiteNot later than 180
			 days after the date of enactment of this Act, the Secretary of Labor shall
			 establish a single webpage on the Department of Labor website that
			 summarizes in plain language the rights of employees and non-employees under
			 the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), including the rights described in the
			 amendments made by section 2.4.Misclassification of
			 employees for unemployment compensation purposes(a)In
			 generalSection 303(a) of the
			 Social Security Act (42 U.S.C. 503(a)) is amended—(1)in paragraph (11)(B), by striking the period and inserting ; and;(2)in paragraph (12),
			 by striking the period and inserting ; and; and(3)by adding after
			 paragraph (12) the following:(13)(A)Such auditing and investigative procedures
				as may be necessary to identify employers that have not registered under the State law or that are paying unreported wages, where these actions or omissions
				by the employers have the effect of excluding employees from unemployment
				compensation coverage; and(B)the making of quarterly reports to the
				Secretary of Labor (in such form as the Secretary of Labor may require)
				describing the results of the procedures under subparagraph (A); and(14)the establishment
				of administrative penalties for misclassifying employees, or paying unreported
				wages to employees without proper recordkeeping, for unemployment compensation
				purposes..(b)Review of
			 auditing programsThe Secretary of Labor shall include, in the Department of Labor's system for measuring the performance of States in conducting
			 unemployment compensation tax audits, a specific measure of the effectiveness of States
			 in identifying the underreporting of wages and the underpayment of unemployment
			 compensation contributions (including the effectiveness of States in identifying
			 instances of such underreporting or underpayments despite the absence of
			 cancelled checks, original time sheets, or other similar documentation).(c)Effective
			 date(1)In
			 generalExcept as provided in
			 paragraph (2), the amendments made by subsection (a) shall take effect 12
			 months after the date of enactment of this Act.(2)ExceptionIf
			 the Secretary of Labor finds that legislation is necessary for the
			 unemployment compensation law of a State to comply with the amendments made by
			 subsection (a), such amendments shall not apply with respect to such law until
			 the later of—(A)the day after the
			 close of the first regular session of the legislature of such State that
			 begins after the date of enactment of this Act; or(B)12 months after
			 the date of enactment of this Act.(d)Definition of
			 StateFor purposes of this section, the term State
			 has the meaning given the term in section 3306(j) of the Internal Revenue Code
			 of 1986.5.Department of
			 Labor coordination, referral, and regulations(a)Coordination
			 and referralNotwithstanding
			 any other provision of law, any office, administration, or division of the
			 Department of Labor that, while in the performance of its official duties,
			 obtains information regarding the misclassification by a person subject to the
			 provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), or
			 any order issued under such Act of any individual regarding whether such
			 individual is an employee or a non-employee engaged in the performance of
			 labor or services for purposes of section 6 or 7 of such Act (29 U.S.C. 206,
			 207), or in records required under section 11(c) of such Act (29 U.S.C.
			 211(c)), shall report such information to the Wage and Hour Division of the
			 Department of Labor. The Wage and Hour Division may report such information to the
			 Internal Revenue Service as the Wage and Hour Division considers appropriate.(b)RegulationsThe Secretary of Labor shall promulgate
			 regulations to carry out this Act and the amendments made by this Act.6.Targeted
			 auditsThe audits of employers
			 subject to the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that
			 are conducted by the Wage and Hour Division of the Department of Labor shall
			 include certain industries with frequent incidence of misclassifying employees
			 as non-employees, as determined by the Secretary of Labor.


		II
		111th CONGRESS
		1st Session
		S. 355
		IN THE SENATE OF THE UNITED STATES

			January 29, 2009
			Mr. Durbin (for himself,
			 Mr. Whitehouse, Mrs. Murray, Mr.
			 Cardin, and Mr. Dodd)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Foreign
			 Relations

		A BILL
		To enhance the capacity of the United States to undertake
		  global development activities, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Increasing America's Global
			 Development Capacity Act of 2009.
		2.FindingsCongress finds that—
			(1)foreign
			 development assistance is an important foreign policy tool in addition to
			 diplomacy and defense;
			(2)development
			 assistance is part of any comprehensive United States response to regional
			 conflicts, terrorist threats, weapons proliferation, disease pandemics, and
			 persistent widespread poverty;
			(3)in 2002 and 2006,
			 the United States National Security Strategy included global development, along
			 with defense and diplomacy, as the 3 pillars of national security;
			(4)in its early
			 years, the United States Agency for International Development (referred to in
			 this Act as USAID) had more than 5,000 full-time Foreign Service
			 Officers;
			(5)in 2008, USAID
			 had slightly more than 1,000 full-time Foreign Service Officers;
			(6)the budget at
			 USAID, calculated in real dollars, has dropped 27 percent since 1985;
			 and
			(7)this decline in
			 personnel and operating budgets has diminished the capacity of USAID to provide
			 development assistance and implement foreign assistance programs.
			3.Hiring of
			 additional Foreign Service Officers as USAID employees
			(a)Initial
			 hiringsExcept as provided
			 under subsection (c), not later than 1 year after the date of the enactment of
			 this Act, the Administrator of USAID (referred to in this section as the
			 Administrator) shall increase by not less than 700 the total
			 number of full-time Foreign Service Officers employed by USAID compared to the
			 number of such officers employed by USAID on September 30, 2008. These officers
			 shall be used to enhance the ability of USAID to—
				(1)carry out
			 development activities around the world by providing USAID with additional
			 human resources and expertise needed to meet important development and
			 humanitarian needs around the world;
				(2)strengthen the
			 institutional capacity of USAID as the lead development agency of the United
			 States; and
				(3)more effectively
			 help developing nations to become more stable, healthy, democratic, prosperous,
			 and self-sufficient.
				(b)Subsequent
			 hirings
				(1)In
			 generalExcept as provided
			 under subsection (c), during the 2-year period beginning 1 year after the date
			 of the enactment of this Act, the Administrator shall increase by not less than
			 1,300 the total number of full-time Foreign Service Officers over the number of
			 such officers at the beginning of such 2-year period to carry out the
			 activities described in subsection (a), contingent upon sufficient
			 appropriations.
				(2)StrategyNot
			 later than 180 days after the date of the enactment of this Act, the
			 Administrator shall submit a strategy to Congress that includes—
					(A)a plan to create
			 a professional training program that will provide new and current USAID
			 employees with technical, management, leadership, and language skills;
					(B)a staffing plan
			 for the subsequent 5 years; and
					(C)a description of
			 further resources and statutory changes necessary to implement the proposed
			 training and staffing plans.
					(c)ExceptionIf
			 the Administrator determines that USAID has competing needs that are more
			 urgent than the hirings described in subsection (a) or (b), or finds a shortage
			 of qualified individuals for such hirings, the Administrator may reduce the
			 number of such hirings and use the available funds for competing needs if the
			 Administrator submits a report describing such competing needs and, if
			 applicable, the nature of the shortage, to—
				(1)the
			 Committee on Appropriations of the
			 Senate;
				(2)the
			 Committee on Foreign Relations of the
			 Senate;
				(3)the
			 Committee on Appropriations of the House of
			 Representatives; and
				(4)the
			 Committee on Foreign Affairs of the House of
			 Representatives.


117 HR 4296 IH: Freedom to Fly Act
U.S. House of Representatives
2021-07-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 4296IN THE HOUSE OF REPRESENTATIVESJuly 1, 2021Mr. Rutherford introduced the following bill; which was referred to the Committee on Homeland SecurityA BILLTo prohibit the Transportation Security Administration from asking passengers on domestic flights for information regarding vaccinations.1.Short titleThis Act may be cited as the Freedom to Fly Act.2.Prohibition on requesting vaccination information from passengers on domestic flights(a)In generalThe Secretary of Homeland Security and the Administrator of the Transportation Security Administration may not prescribe or implement any regulation or policy that would allow employees of the Transportation Security Administration to request information relating to vaccinations from any passenger traveling on a flight between States or territories or possessions of the United States.(b)Rule of constructionSubsection (a) does not limit the authority of the Director of the Centers for Disease Control and Prevention to issue guidance or prescribe regulations relating to public health.