116 HR 4195 IH: Territories Medicare Prescription Drug Assistance Equality Act of 2019
U.S. House of Representatives
2019-08-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4195IN THE HOUSE OF REPRESENTATIVESAugust 20, 2019Miss González-Colón of Puerto Rico (for herself and Mr. Soto) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend titles XVIII and XIX of the Social Security Act to make premium and cost-sharing subsidies
			 available to low-income Medicare part D beneficiaries who reside in Puerto
			 Rico or another territory of the United States.

 1.Short titleThis Act may be cited as the Territories Medicare Prescription Drug Assistance Equality Act of 2019. 2.Equal treatment of residents of territories in premium and cost-sharing subsidies under Medicare prescription drug program (a)Medicare assistanceSection 1860D–14(a)(3) of the Social Security Act (42 U.S.C. 1395w–114(a)(3)) is amended—
 (1)in subparagraph (A), in the matter preceding clause (i), by striking subject to subparagraph (F),; (2)in subparagraph (B)(v), in the matter preceding subclause (I), by striking Subject to subparagraph (F), the Secretary and inserting The Secretary;
 (3)in subparagraph (C), by adding at the end the following new sentence: In the case of an individual who is not a resident of the 50 States or the District of Columbia, the poverty line (as such term is defined in clause (ii)) that shall apply to such individual shall be the poverty line for the 48 contiguous States and the District of Columbia.; and
 (4)by striking subparagraph (F). (b)Medicaid assistanceSection 1935 of the Social Security Act (42 U.S.C. 1396u–5) is amended—
 (1)in subsection (c)(1)(A)— (A)by inserting (and each other State for each month beginning with January 2020) after January 2006; and
 (B)in clause (i), by inserting or (2)(B) (as the case may be) after paragraph (2)(A); (2)in subsection (c)(2)—
 (A)in subparagraph (A)— (i)by amending the heading to read as follows: Computation for 50 States and the District of Columbia; and
 (ii)by striking a State described in paragraph (1) and inserting one of the 50 States or the District of Columbia; (B)in subparagraph (B)—
 (i)by striking subparagraph (A) and inserting subparagraph (A) or (B) (as the case may be); and (ii)by redesignating such subparagraph as subparagraph (C); and
 (C)by inserting after subparagraph (A) the following new subparagraph:  (B)Computation for territoriesThe amount computed under this paragraph for a State not described in subparagraph (A) and for a month in a year (beginning with 2020) is equal to—
 (i)1/12 of the product of— (I)the amount determined under subsection (e) for the State for 2019; and
 (II)100 percent minus the highest possible Federal medical assistance percentage that may be applied to any of the 50 States for fiscal year 2018 under section 1905(b)(1); and
 (ii)increased for each year (beginning with 2019 up to and including the year involved) by the applicable growth factor specified in paragraph (4) for that year.; and
 (3)in subsection (e)— (A)in paragraph (1)—
 (i)in subparagraph (A), by striking of such State; and and inserting of such State for years before 2020;; (ii)in subparagraph (B)—
 (I)by inserting for periods before January 1, 2020 after (B); and (II)by striking the period at the end and inserting ; and; and
 (iii)by adding at the end the following new subparagraph:  (C)for the first 3 quarters of fiscal year 2020 and for each subsequent fiscal year, the amount otherwise applied under section 1108(f) for the State shall be increased by the amount specified in paragraph (4)(A) for such period or fiscal year.;
 (B)in paragraph (2), by striking The Secretary and inserting For periods before January 2020, the Secretary; (C)in paragraph (3)—
 (i)in the heading, by inserting before second quarter of fiscal year 2020 after Increased amount; (ii)in subparagraph (A)—
 (I)in the matter before clause (i), by inserting or other fiscal period after for a year; and (II)in clause (i), by inserting for such year or period after subparagraph (B); and
 (iii)in subparagraph (B)— (I)in clause (ii), by striking or at the end;
 (II)in clause (iii), by striking a subsequent year and inserting a subsequent fiscal year (before the second quarter of fiscal year 2020); (III)in clause (iii), by striking the period at the end and inserting ; and; and
 (IV)by adding at the end the following:  (iv)for the first quarter of fiscal year 2020, is equal to 25 percent of the aggregate amount specified in this subparagraph for the previous fiscal year increased by the annual percentage increase specified in section 1860D–2(b)(6) for the year involved.;
 (D)by striking paragraph (4); and (E)by inserting after paragraph (3) the following new paragraph:

							(4)Increased amount beginning with second quarter of fiscal year 2020
 (A)In generalThe amount specified in this paragraph for a State for the last 3 quarters of fiscal year 2020 or for a subsequent fiscal year is equal to the product of—
 (i)the aggregate amount specified in subparagraph (B) for such period or fiscal year; and (ii)the ratio (as estimated by the Secretary) of—
 (I)the number of individuals who are entitled to benefits under part A or enrolled under part B and who reside in the State (as determined by the Secretary based on the most recent available data before the beginning of the period or year); to
 (II)the sum of such numbers for all States that are subject to this subsection. (B)Aggregate amountThe aggregate amount specified in this subparagraph for—
 (i)the last 3 quarters of fiscal year 2020, is equal to 3 times the amount specified in paragraph (3)(B)(iv);
 (ii)fiscal year 2021, is equal to 4 times the amount specified in paragraph (3)(B)(iv) increased by the same annual percentage increase as is applied to increases in the amounts applied for the fiscal year and State under section 1108(f); or
 (iii)a subsequent fiscal year, is equal to the aggregate amount specified in this subparagraph for the previous fiscal year increased by the same annual percentage increase as is applied for the fiscal year and State under section 1108(f)..
 (c)Conforming amendmentSection 1108(f) of the Social Security Act (42 U.S.C. 1308(f)) is amended by striking 1935(e)(1)(B) and inserting 1935(e)(1). (d)Effective datesThe amendments made by subsection (a) shall take effect on January 1, 2020, and the amendments made by subsections (b) and (c) shall take effect on the date of the enactment of this Act.


		I
		112th CONGRESS
		2d Session
		H. R. 4309
		IN THE HOUSE OF REPRESENTATIVES

			March 29, 2012
			Mr. Reichert (for
			 himself and Mr. Pascrell) introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To permit Federal officers to remove cases involving
		  crimes of violence to Federal court.

		1.Short titleThis Act may be cited as the
			 Officer Safety Act of
			 2012.
		2.Limited
			 liabilitySection 1442 of
			 title 28, United States Code, is amended by striking subsection (c) and
			 inserting the following:

				(c)For purposes of
				subsection (a), a law enforcement officer, who is the defendant in a criminal
				prosecution, shall be deemed to have been acting under the color of his office
				if the officer—
					(1)protected an
				individual in the presence of the officer from a crime of violence;
					(2)provided immediate
				assistance to an individual who suffered, or who was threatened with, bodily
				harm; or
					(3)prevented the
				escape of any individual who the officer reasonably believed to have committed,
				or was about to commit, in the presence of the officer, a crime of violence
				that resulted in, or was likely to result in, death or serious bodily
				injury.
					(d)In this section,
				the following definitions apply:
					(1)The terms
				civil action and criminal prosecution include any
				proceeding (whether or not ancillary to another proceeding) to the extent that
				in such proceeding a judicial order, including a subpoena for testimony or
				documents, is sought or issued. If removal is sought for a proceeding described
				in the previous sentence, and there is no other basis for removal, only that
				proceeding may be removed to the district court.
					(2)The term
				crime of violence has the meaning given that term in section 16 of
				title 18.
					(3)The term law
				enforcement officer means any employee described in subparagraph (A),
				(B), or (C) of section 8401(17) of title 5 and any special agent in the
				Diplomatic Security Service of the Department of State.
					(4)The term
				serious bodily injury has the meaning given that term in section
				1365 of title 18.
					(5)The term
				State includes the District of Columbia, United States territories
				and insular possessions, and Indian country (as defined in section 1151 of
				title 18).
					(6)The term
				State court includes the Superior Court of the District of
				Columbia, a court of a United States territory or insular possession, and a
				tribal
				court.
					.


116 HR 1777 IH: Ruthie and Connie LGBT Elder Americans Act of 2019
U.S. House of Representatives
2019-03-14
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. 1777IN THE HOUSE OF REPRESENTATIVESMarch 14, 2019Ms. Bonamici (for herself, Mr. Deutch, Mr. Crist, Mr. Grijalva, Mr. Lowenthal, Ms. Norton, Ms. Wasserman Schultz, Mr. Cohen, Mr. Cicilline, Ms. Schakowsky, Ms. Jayapal, Mr. Swalwell of California, Miss Rice of New York, Mr. Moulton, Ms. Frankel, Mr. Pallone, Ms. Haaland, and Mr. Johnson of Georgia) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Older Americans Act of 1965 to provide equal treatment of LGBT older individuals, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Ruthie and Connie LGBT Elder Americans Act of 2019. 2.Definitions (a)In generalSection 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended—
 (1)in paragraph (24)— (A)in subparagraph (B), by striking and at the end;
 (B)in subparagraph (C)(ii), by striking the period and inserting ; and; and (C)by adding at the end the following:

 (D)status as an LGBT individual.; (2)by redesignating—
 (A)paragraphs (36) through (54) as paragraphs (38) through (56), respectively; and (B)paragraphs (34) and (35) as paragraphs (35) and (36), respectively;
 (3)by inserting after paragraph (33) the following:  (34)The term LGBT, used with respect to an individual, means a lesbian, gay, bisexual, or transgender individual.; and
 (4)by inserting after paragraph (36), as so redesignated, the following:  (37)The term minority, used with respect to an individual, includes a lesbian, gay, bisexual, or transgender individual..
 (b)Conforming amendmentSection 215(e)(1)(J) of the Older Americans Act of 1965 (42 U.S.C. 3020e–1(e)(1)(J)) is amended by striking minorities and inserting minority individuals.
			3.Administration on aging
 (a)Establishment of administrationSection 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is amended— (1)in subsection (d)(3)(J), by inserting before the semicolon the following: , including the effectiveness of such services in meeting the needs of LGBT older individuals; and
 (2)by adding at the end the following:  (g)The Assistant Secretary is authorized to designate within the Administration a person to have responsibility for addressing issues affecting LGBT older individuals..
 (b)Functions of Assistant SecretarySection 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) is amended— (1)in subsection (a)—
 (A)in paragraph (16)(A)(ii), by inserting , and separately specifying the number of such individuals who are LGBT individuals before the semicolon; (B)in paragraph (30), by striking ; and and inserting a semicolon;
 (C)in paragraph (31), by striking the period at the end and inserting ; and; and (D)by adding at the end the following:

 (32)conduct studies and collect data to determine the services that are needed by LGBT older individuals.; and
 (2)by adding at the end the following:  (g) (1)The Assistant Secretary shall, directly or by grant or contract, establish and operate the National Resource Center on Lesbian, Gay, Bisexual, and Transgender Aging (in this subsection referred to as the Center).
 (2)To address the unique challenges faced by LGBT older individuals, the Center shall provide national, State, and local organizations, including those with a primary mission of serving LGBT individuals and those with a primary mission of serving older individuals, with the information and technical assistance the organizations need to effectively serve LGBT older individuals.
 (3)The Center shall have 3 primary objectives, consisting of— (A)educating aging services organizations about the existence and special needs of LGBT older individuals;
 (B)sensitizing LGBT organizations about the existence and special needs of older individuals; and (C)providing educational resources to LGBT older individuals and their caregivers.
								(4)
 (A)To be eligible to receive funds under this subsection, an entity— (i)shall have demonstrated expertise in working with organizations or individuals on issues affecting LGBT individuals;
 (ii)shall have documented experience in providing training and technical assistance on a national basis or a formal relationship with an organization that has that experience; and
 (iii)shall meet such other criteria as the Assistant Secretary shall issue. (B)To be eligible to receive funds under this subsection, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require.
 (5)The Assistant Secretary shall make available to the Center on an annual basis such resources as are necessary for the Center to carry out effectively the functions of the Center under this Act and not less than the amount of resources made available to the National Resource Center on LGBT Aging, existing on the day before the date of enactment of the Ruthie and Connie LGBT Elder Americans Act of 2017, for fiscal year 2018.
 (6)The Assistant Secretary shall develop and issue operating standards and reporting requirements for the Center..
 (c)ReportsSection 207 of the Older Americans Act of 1965 (42 U.S.C. 3018) is amended— (1)in subsection (a)(3), by inserting LGBT individuals, after low-income individuals,;
 (2)in subsection (c)— (A)in paragraph (1), by inserting , and separately specify the number of such individuals who are LGBT individuals before the semicolon;
 (B)by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C)by inserting after paragraph (3) the following:

 (4)the effectiveness of such activities in assisting LGBT individuals;; and (3)by adding at the end the following:

 (d)The Assistant Secretary shall ensure that— (1)no individual will be required to provide information regarding the sexual orientation or gender identity of the individual as a condition of participating in activities or receiving services under this Act; and
 (2)no agency or other entity providing activities or services under this Act that receives, for the purposes of this Act, information regarding the sexual orientation or gender identity of an individual will disclose the information in any form that would permit such individual to be identified.
 (e)The Assistant Secretary shall develop appropriate protocols, demonstrations, tools, or guidance for use by State agencies and area agencies on aging, to ensure successful implementation of data collection requirements under section 201(d)(3)(J), paragraphs (16)(A)(ii) and (29) of section 202(a), subsections (a)(3), (c)(1), and (c)(4), and section 307(a)(6), relating to LGBT individuals.
 (f)The Assistant Secretary shall determine when the data collection requirements described in subsection (e) shall apply, taking into consideration the complexity and importance of each requirement, but each requirement shall apply not later than 1 year after the date of enactment of the Ruthie and Connie LGBT Elder Americans Act of 2017..
 4.Grants for State and community programs on agingSection 301(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 3021(a)(2)) is amended— (1)in subparagraph (E), by striking ; and and inserting a semicolon;
 (2)by redesignating subparagraph (F) as subparagraph (G); and (3)by inserting after subparagraph (E) the following:

 (F)organizations that serve LGBT individuals; and. 5.Activities for health, independence, and longevitySection 411(a)(11) of the Older Americans Act of 1965 (42 U.S.C. 3032(a)(11)) is amended to read as follows:

 (11)conducting activities of national significance to promote quality and continuous improvement in the support and services provided to individuals with greatest social need, through activities that include needs assessment, program development and evaluation, training, technical assistance, and research, concerning—
 (A)addressing physical and mental health, disabilities, and health disparities; (B)providing long-term care, including in-home and community-based care;
 (C)providing informal care, and formal care in a facility setting; (D)providing access to culturally responsive health and human services; and
 (E)addressing other gaps in assistance and issues that the Assistant Secretary determines are of particular importance to older individuals with greatest social need..
 6.Data on discriminationSection 712 of the Older Americans Act of 1965 (42 U.S.C. 3058g) is amended— (1)in subsection (a)(3)—
 (A)by redesignating subparagraphs (F) through (J) as subparagraphs (G) through (K); and (B)by inserting after subparagraph (E) the following:

 (F)collect and analyze data, relating to discrimination against LGBT older individuals on the basis of actual or perceived sexual orientation or gender identity in the admission to, transfer or discharge from, or lack of adequate care provided in long-term care settings, and shall include the analyses in the reports described in subsection (h)(1);; and
 (2)in subsection (h)(6), in the matter preceding subparagraph (A), by striking (A) through (G) and inserting (A) through (H).


		I
		112th CONGRESS
		2d Session
		H. R. 4298
		IN THE HOUSE OF REPRESENTATIVES

			March 29, 2012
			Mr. McKinley
			 introduced the following bill; which was referred to the
			 Committee on Education and the
			 Workforce

		A BILL
		To direct the Secretary of Labor to conduct a review of
		  the forms related to obtaining workers’ compensation benefits under the Federal
		  Black Lung Benefits Program.

		1.Short titleThis Act may be cited as the
			 Burdensome Paperwork Reduction for Our
			 Miners Act.
		2.Review of black
			 lung forms
			(a)ReviewNot later than 120 days after the date of
			 the enactment of this Act, the Secretary of Labor, acting through the Director
			 of the Division of Coal Mine Workers’ Compensation and the Chief Information
			 Officer of the Department of Labor, and in consultation with the Director of
			 the Office of Management and Budget, shall conduct a review of the forms
			 related to obtaining workers' compensation benefits under the Federal Black
			 Lung Benefits Program to determine whether it is feasible to combine or reduce
			 such forms in order to further the purposes of the Paperwork Reduction Act of
			 1995 (Public Law 104–13).
			(b)ImplementationNot later than 1 year after the date of the
			 enactment of this Act, the Secretary shall implement any feasible combination
			 or reduction of the forms related to obtaining workers' compensation benefits
			 under the Federal Black Lung Benefits Program identified in the review
			 conducted under subsection (a).
			(c)Reports
				(1)Initial report
			 of reviewNot later than 180 days after the date of the enactment
			 of this Act, the Secretary shall submit a report to Congress that describes the
			 findings of the review conducted under subsection (a).
				(2)Report of
			 implementationNot later than
			 1 year after the Secretary implements any combination or reduction of the forms
			 related to obtaining workers' compensation benefits under the Federal Black
			 Lung Benefits Program under subsection (b), the Secretary shall submit a report
			 to Congress that describes such implementation.


113 HR 4991 IH: Ocmulgee Mounds National Historical Park Boundary Revision Act of 2014
U.S. House of Representatives
2014-06-26
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
		113th CONGRESS
		2d Session
		H. R. 4991
		IN THE HOUSE OF REPRESENTATIVES

			June 26, 2014
			Mr. Bishop of Georgia (for himself, Mr. Austin Scott of Georgia, Mr. Johnson of Georgia, and Mr. David Scott of Georgia) introduced the following bill; which was referred to the Committee on Natural Resources

		A BILL
		To redesignate Ocmulgee National Monument in the State of Georgia and revise its boundary, and for
			 other purposes.

		1.Short titleThis Act may be cited as the Ocmulgee Mounds National Historical Park Boundary Revision Act of 2014.
		2.DefinitionsIn this Act:
			(1)MapThe term map means the map entitled ___, numbered ___, and dated __, __.
			(2)Historical parkThe term Historical Park means the Ocmulgee Mounds National Historical Park in the State of Georgia, as redesignated in
			 section 3.
			(3)SecretaryThe term Secretary means the Secretary of the Interior.
			3.Ocmulgee Mounds National Historical Park
			(a)RedesignationOcmulgee National Monument, established pursuant to the Act of June 14, 1934 (48 Stat. 958), shall
			 be known and designated as Ocmulgee Mounds National Historical Park.
			(b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to Ocmulgee National Monument, other than in this Act, shall be deemed to be a reference to Ocmulgee Mounds National Historical Park.
			4.Boundary adjustment
			(a)In generalThe boundary of the Historical Park is revised to include approximately 2,100 acres, as generally
			 depicted on the map.
			(b)Availability of mapThe map shall be on file and available for public inspection in the appropriate offices of the
			 National Park Service, the Department of the Interior.
			5.Land acquisitionThe Secretary may acquire land or interests in land within the boundary of the Historical Park by
			 donation, purchase from a willing seller with donated or appropriated
			 funds, or exchange.
		6.AdministrationThe Secretary shall administer any land acquired under section 4 as part of the Historical Park in
			 accordance with applicable laws and regulations.
		7.Ocmulgee River corridor special resource study
			(a)In generalThe Secretary shall conduct a special resource study of the Ocmulgee River corridor between the
			 cities of Macon, Georgia, and Hawkinsville, Georgia, to determine—
				(1)the national significance of the study area;
				(2)the suitability and feasibility of adding lands in the study area to the National Park System; and
				(3)the methods and means for the protection and interpretation of the study area by the National Park
			 Service, other Federal, State, or local government entities, or private or
			 nonprofit organizations.
				(b)CriteriaThe Secretary shall conduct the study authorized by this Act in accordance with section 8 of Public
			 Law 91–383 (16 U.S.C. 1a–5; commonly known as the National Park System General Authorities Act).
			(c)ReportNot later than 3 years after the date on which funds are made available to carry out this section,
			 the Secretary shall submit to the Committee on Natural Resources of the
			 House of Representatives and the Committee on Energy and Natural Resources
			 of the Senate a report containing—
				(1)the results of the study; and
				(2)any findings, conclusions, and recommendations of the Secretary.


		II
		110th CONGRESS
		1st Session
		S. 1130
		IN THE SENATE OF THE UNITED
		  STATES

			April 17, 2007
			Mr. Smith (for himself,
			 Mrs. Lincoln, Ms. Snowe, Ms.
			 Stabenow, Mr. Schumer,
			 Mr. Levin, Mr.
			 Kerry, and Mr. Rockefeller)
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986
		  to restore, increase, and make permanent the exclusion from gross income for
		  amounts received under qualified group legal services plans.

		1.Short titleThis Act may be cited as the
			 Legal Services Benefit Act of
			 2007.
		2.Exclusion for amounts received under
			 qualified group legal services plans restored, increased, and made
			 permanent
			(a)Increase of exclusionSubsection (a) of section 120 of the
			 Internal Revenue Code of 1986 (relating to amounts received under qualified
			 group legal services plans) is amended by striking the last sentence.
			(b)Restoration and permanence of
			 exclusionSection 120 of the
			 Internal Revenue Code of 1986 (relating to amounts received under qualified
			 group legal services plans) is amended by striking subsection (e) and by
			 redesignating subsection (f) as subsection (e).
			(c)Effective
			 dateThe amendments made by
			 this section shall apply to taxable years beginning after December 31,
			 2006.


116 HR 6977 IH: Small Packer Overtime and Holiday Fee Relief for COVID–19 Act of 2020
U.S. House of Representatives
2020-05-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 6977IN THE HOUSE OF REPRESENTATIVESMay 22, 2020Mr. Johnson of South Dakota (for himself, Ms. Craig, Mr. Hagedorn, and Mr. Fortenberry) introduced the following bill; which was referred to the Committee on AgricultureA BILLTo provide overtime and holiday fee relief for small meat, poultry, and egg processing plants, and for other purposes.1.Short titleThis Act may be cited as the Small Packer Overtime and Holiday Fee Relief for COVID–19 Act of 2020.2.Overtime and holiday fee relief for small meat, poultry, and egg processing plants(a)DefinitionsIn this section:(1)Covered actThe term covered Act means—(A)the Federal Meat Inspection Act (21 U.S.C. 601 et seq.);(B)the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); and(C)the Egg Products Inspection Act (21 U.S.C. 1031 et seq.).(2)EstablishmentThe term establishment means—(A)a meat establishment subject to the requirements of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.);(B)a poultry establishment subject to the requirements of the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); and(C)an egg products processing plant subject to the requirements of the Egg Products Inspection Act (21 U.S.C. 1031 et seq.).(3)SecretaryThe term Secretary means the Secretary of Agriculture.(4)Small establishment; very small establishmentThe terms small establishment and very small establishment have the meaning given those terms in the final rule entitled Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems (61 Fed. Reg. 38806 (July 25, 1996)). (b)Overtime and holiday fees(1)In generalNotwithstanding any other provision of law, for an inspection of an establishment conducted pursuant to a covered Act, the Secretary shall discount the rate charged—(A)by not less than 30 percent of the overtime and holiday published rate in the case of a small establishment; and(B)by not less than 75 percent of the overtime and holiday published rate in the case of a very small establishment.(2)Rulemaking; retroactive implementationNot later than 60 days after the date of enactment of this Act, the Secretary shall—(A)complete a rulemaking establishing the discounted rates required under paragraph (1); and(B)implement those discounted rates to apply retroactively to the date of enactment of this Act.(c)EffectivenessThe Secretary—(1)shall carry out subsection (b) until the funds appropriated under subsection (d) are expended; and(2)may carry out subsection (b) after those funds are expended only to the extent and in the amount provided in advance in appropriations Acts.(d)FundingThere is appropriated to the Secretary, out of funds in the Treasury not otherwise appropriated, $58,000,000, to remain available until expended, to carry out subsection (b).


109 HR 5144 IH: To provide for supply chain security cooperation between Department of Homeland Security and the private sector, and for other purposes.
U.S. House of Representatives
2006-04-06
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
109th CONGRESS
2d Session
H. R. 5144
IN THE HOUSE OF REPRESENTATIVES

April 6, 2006
Mr. Jindal introduced the following bill; which was referred to the Committee on Homeland Security

A BILL
To provide for supply chain security cooperation between Department of Homeland Security and the private sector, and for other purposes.

1.Information sharing
(a)PurposesThe purposes of this section are—
(1)to establish continuing liaison and to provide for supply chain security cooperation between Department of Homeland Security and the private sector; and
(2)to provide for regular and timely interchange of information between the private sector and the Department concerning developments and security risks in the supply chain environment.
(b)Secure systemNot later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall develop a secure electronic data interchange system to collect from and share appropriate risk information related to securing the supply chain with the private sector entities determined appropriate by the Secretary.
(c)ConsultationIn developing the system under subsection (b), the Secretary shall consult with the Commercial Operations Advisory Committee and a broad range of public and private sector entities likely to utilize the system, including importers, exporters, carriers, customs brokers, and freight forwarders, among other parties.
(d)ProceduresThe Secretary shall establish uniform procedures for the receipt, care, and storage of supply chain security information that is voluntarily submitted to the Department through the system developed under subsection (b).
(e)LimitationsThe voluntary information collected through the system developed under subsection (b) shall be used exclusively for ensuring security and shall not be used for determining entry or for any other commercial enforcement purpose. The voluntary information submitted to the Department through the system developed under subsection (b) shall not be construed to constitute compliance with any requirement to submit such information to a Federal agency under any other provision of law.
(f)ParticipantsThe Secretary shall develop protocols for determining appropriate private sector personnel who shall have access to the system developed under subsection (b). Such personnel shall include designated security officers within companies that are determined to be low risk through participation in the Customs-Trade Partnership Against Terrorism program administered by U.S. Customs and Border Protection.
(g)ConfidentialityNotwithstanding any other provision of law, information that is voluntarily submitted by the private sector to the Department through the system developed under subsection (b)—
(1)shall be exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act);
(2)shall not, without the written consent of the person or entity submitting such information, be used directly by the Department or a third party, in any civil action arising under Federal or State law if such information is submitted in good faith; and
(3)shall not, without the written consent of the person or entity submitting such information, be used or disclosed by any officer or employee of the United States for purposes other than the purposes of this section, except—
(A)in furtherance of an investigation or other prosecution of a criminal act; or
(B)when disclosure of the information would be—
(i) to either House of Congress, or to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee thereof or subcommittee of any such joint committee; or
(ii)to the Comptroller General, or any authorized representative of the Comptroller General, in the course of the performance of the duties of the Comptroller General.
(h) Independently obtained informationNothing in this section shall be construed to limit or otherwise affect the ability of a Federal, State, or local, government entity, under applicable law, to obtain supply chain security information, including any information lawfully and properly disclosed generally or broadly to the public and to use such information in any manner permitted by law.
(i)PenaltiesWhoever, being an officer or employee of the United States or of any department or agency thereof, knowingly publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law, any supply chain security information protected in this section from disclosure, shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both, and shall be removed from office or employment.
(j)Authority to issue warningsThe Secretary may provide advisories, alerts, and warnings to relevant companies, targeted sectors, other governmental entities, or the general public regarding potential risks to the supply chain as appropriate. In issuing a warning, the Secretary shall take appropriate actions to protect from disclosure—
(1)the source of any voluntarily submitted supply chain security information that forms the basis for the warning; and
(2)information that is proprietary, business sensitive, relates specifically to the submitting person or entity, or is otherwise not appropriately in the public domain.
(k)DefinitionsIn this section:
(1)DepartmentThe term Department means the Department of Homeland Security.
(2)SecretaryThe term Secretary means the Secretary of Homeland Security.