United States · United States Congress · 30 July 2010
Javits-Wagner-O'Day Act of 2010 - Establishes as an independent federal entity the Committee for Purchase From People Who Are Blind or People With Other Significant Disabilities. (Effectively replacing the Committee for Purchase From People Who Are Blind or Severely Disabled.) Requires the Committee to establish and publish in the Federal Register a list of products and services suitable for federal government procurement which are provided by qualified nonprofit agencies for people who are blind or for people with other significant disabilities. Requires federal agencies to procure from such qualified nonprofit agencies, at a Committee-established price, products (except prison-made products) or services essentially the same as those on the procurement list. Requires the Committee to designate a tax-exempt central nonprofit agency or agencies for people who are blind and one or more for people with other significant disabilities, which shall evaluate their respective nonprofit agencies and recommend suitable products or services to add to the procurement list. Authorizes the Committee to conduct pilot or demonstration projects on methods to increase the use of: (1) such products or services by the federal government; as well as (2) people who are blind and people with other significant disabilities. Amends the Inspector General Act of 1978 to require the Committee Chairman to: (1) appoint an Inspector General for the Committee; and (2) establish a Panel on the Committee for Purchase From People Who Are Blind or People With Other Significant Disabilities. Establishes in the general fund of the Treasury in a separate account a Committee for Purchase Fund for the collection and deposit of fees from each central nonprofit agency. Repeals the Javits-Wagner-O'Day Act.
United States · United States Congress · 30 July 2010
Electronic Health Record Incentives for Multi-Campus Hospitals Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act (SSA), with respect to payments to hospitals for inpatient hospital services, to prescribe a special rule for applying Medicare electronic health record (EHR) incentive payments, at the election of a qualified main hospital, to its remote inpatient locations. Prohibits administrative or judicial review of: (1) the methodology and standards for determining a remote inpatient location, a qualified remote inpatient location, a component facility, a qualified component facility, a main provider, and a qualified main provider, and which such locations, facilities, and providers are qualified; and (2) the methodology and standards for the election in connection with such special rule. Amends SSA title XIX (Medicaid) to set forth a special rule for applying Medicaid EHR incentive payments, at the election of a qualified main hospital, to its remote locations.
United States · United States Congress · 29 July 2010
Clean Ports Act of 2010 - Declares that federal preemption of state and local law relating to a price, route, or service of any motor carrier of property shall not apply to the authority of a state, local government, or the political authority of two or more states to adopt requirements for motor carriers providing services at port facilities that are reasonably related to the reduction of environmental pollution, traffic congestion, the improvement of highway safety, or the efficient utilization of such port facilities, provided such requirements are in accordance with federal law. Declares that nothing in this Act shall limit the authority reserved to any state or political subdivision of such state under the Clean Air Act.
United States · United States Congress · 29 July 2010
Post-9/11 Veterans Educational Assistance Improvements Act of 2010 - Revises provisions concerning the post-9/11 veterans' educational assistance program to, among other things: (1) revise definitions concerning eligibility, and include certain National Guard service as service qualifying for such assistance; (2) revise assistance amounts (including monthly stipends), and types of approved programs of education; (3) allow the pursuit of educational programs at institutions other than institutions of higher learning, including on-job training and apprenticeships, flight training, and correspondence courses; (4) provide an assistance amount for programs of education pursued while on active duty; (5) repeal the limit on the use of such assistance for the payment of only one licensing or certification test; (6) allow an individual entitled to supplemental educational assistance to transfer such entitlement to the post-9/11 program; (7) bar the duplication of benefits under other educational assistance programs; (8) increase the amount of the reporting fee paid by the Secretary of Veterans Affairs (VA) to an educational institution for providing information concerning an individual's enrollment in a program of education; (9) extend to certain National Guard and reserve personnel members eligibility to receive public-private contributions for additional educational assistance; (10) reauthorize through 2016 the Veterans' Advisory Committee on Education; and (11) revise cost-of-living adjustments under the Montgomery GI Bill educational assistance program. Provides an alternate subsistence allowance amount for veterans entitled to such allowance due to service-connected disabilities.
United States · United States Congress · 29 July 2010
Veterans' Disability Claims Efficiency Act of 2010 - Allows the Secretary of Veterans Affairs (VA), in the case of a disability claim with multiple conditions, to assign an interim disability rating for the condition(s) that can be assigned without further development and to continue development of the remaining condition(s). Requires an interim disability rating to remain in effect unless the Secretary later assigns an increased rating for such condition. Prohibits the continuation of such rating if the rating was based on fraud or the condition improves. Directs the Secretary to establish a process for the rapid identification of initial claims for disability compensation that should, in adjudication, receive priority in the order of review. Requires the Secretary to identify whether claims have the potential of being adjudicated quickly, the claims qualify for priority treatment, and a temporary disability rating could be assigned for such claims. Authorizes the Secretary to provide priority based on the effect such priority would have on a claimant.
United States · United States Congress · 29 July 2010
Amends the Internal Revenue Code to increase from $600 to $2,200 the additional standard tax deduction for individuals age 65 and older and allow an annual inflation adjustment for such increased amount.
United States · United States Congress · 29 July 2010
Improving Access to Medicare Coverage Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act, with respect to post-hospital extended care services, to provide that: (1) an individual who is in a period of observation status in a hospital exceeding 24 hours shall be deemed to have been an inpatient during such period of observation status (for purposes of counting toward the three-day inpatient hospital requirement for Medicare coverage of skilled nursing facility [SNF] services); and (2) the individual's leaving the hospital after such period of status shall be treated as a discharge from the hospital.
United States · United States Congress · 22 July 2010
Toxic Chemicals Safety Act of 2010 - Amends the Toxic Substances Control Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate a rule that: (1) establishes the data that constitute the minimum data set for chemical substances (chemicals) and mixtures; and (2) requires chemical manufacturers and processors to submit their minimum data sets. Requires such manufacturers and processors to submit such minimum data sets for chemicals placed on the priority list and new chemicals. Authorizes the Administrator to require the testing of chemicals and mixtures. Requires the Interagency Testing Committee, in forming a list of chemicals and mixtures that the Administrator should test, to give priority attention to those chemicals and mixtures which are known to cause or contribute to adverse affects on health or the environment. Revokes the limit on the number of chemicals and mixtures that may be placed on such a list. Prohibits any person from manufacturing or processing a new chemical or a chemical for a new use unless: (1) the person notifies the Administrator about the person's intention to manufacture or process the chemical; (2) such use is a critical use; and (3) the chemical or mixture meets the safety standard under such Act. Requires a priority list to be established that contains specified chemicals for which safety determinations shall first be made. Requires the: (1) Administrator to update and publish the list; and (2) updated list to consist of at least 300 chemicals. Authorizes the Administrator to add chemical mixtures to the list. Requires the Administrator to apply a safety standard that takes into account aggregate exposure to chemicals or mixtures and ensures that, for all intended uses, there is a reasonable certainty that no harm will result to the public health and that the public welfare is protected. Requires: (1) manufacturers and processors to bear the burden of proving that chemicals or mixtures meet such safety standard; and (2) the Administrator to determine whether such burden has been met. Sets forth provisions concerning: (1) biomonitoring studies regarding chemicals or any metabolite or degradation byproducts of chemicals; (2) the manufacture, processing, distribution or use of polychlorinated biphenyl; (3) declarations of manufacturing or processing chemicals or mixtures; (4) a public database of information relating to the toxicity and use of, and exposure to, chemicals and mixtures; (5) disclosures to commercial purchasers of information about the chemicals and mixtures they purchase; (6) a survey by the Administrator about mixtures; (7) exportation and importation of chemicals or mixtures; (8) conditions under which data about chemicals may be designated as confidential business information; and (9) civil actions and penalties for violations of such Act. Prohibits any person from: (1) manufacturing, processing, distributing, using for commercial purposes, or disposing of chemicals, mixtures, or articles containing chemicals or mixtures that such person knew or had reason to know were manufactured, processed, or distributed in violation of such Act; and (2) introducing or knowingly distributing chemicals, mixtures, or articles containing chemicals or mixtures that fail to comply with labeling requirements. Requires the Administrator to: (1) establish criteria to identify chemicals and mixtures that are persistent, bioaccumulative, and toxic; (2) list chemicals and mixtures that meet such criteria; and (3) impose conditions on manufacturing, processing, using, distributing, or disposing such chemicals and mixtures. Requires the Administrator to: (1) enter into contracts and make grants to further understanding of the vulnerability of children to chemical substances; (2) establish the Science Advisory Board on Children's Health and Toxic Substances; and (3) conduct, not later than two years after identifying a chemical substance which is likely to be present in human biological media at a level above that normally found and which is likely to have adverse effects on early childhood development, a biomonitoring study to determine the presence of such substance in the biological media of pregnant women and infants. Requires the Administrator to: (1) take action to minimize the use of animals in testing of chemical substances or mixtures; (2) establish a program to create incentives for the development of safer alternatives to existing chemicals and mixtures that reduce or avoid the use and generation of hazardous chemical substances or mixtures; (3) cooperate with international efforts to develop a common protocol or electronic database relating to chemical substances and mixtures or to develop safer alternatives; (4) implement the provisions of international agreements related to chemicals and mixtures to which the U.S. becomes a party; and (5) promulgate a rule to establish criteria for the determination of disproportionate exposure to toxic chemicals, establish criteria to identify any locality that is disproportionately exposed, develop a method for data collection on and categorization of patterns of disproportionate exposure and associated adverse effects, identify and publish a list localities within the United States subject to disproportionate exposure, and develop action plans to reduce such disproportionate exposure. Prohibits any person from manufacturing, processing, distributing, using for commercial purposes, or disposing of hexabromobiphenyl, hexachlorobenzene, hexabromodiphenyl ether and heptabromodiphenyl ether and congeners in the commercial OctaBDE mixture, pentachlorobenzene, and tetrabromodiphenyl ether and pentabromodiphenyl ether and congeners in the commercial PentaBDE mixture. Authorizes the Administrator to exempt a substance or mixture, or particular uses of the substance or mixture, from requirements of such Act if the Administrator determines that the scientific consensus is that it does not and would not pose any risk of injury to health or the environment under any current, proposed, or anticipated levels of production, patterns of use, or exposures arising at any stage across its lifecycle.
United States · United States Congress · 21 July 2010
Home Health Care Access Protection Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Patient Protection and Affordable Care Act, with respect to the prospective payment system (PPS) for home health services and adjustments to it for case mix changes. Requires for years beginning with 2011 that any evaluation of case mix changes and any such adjustment be made using standards developed consistent with specified processes, taking certain criteria into account. Directs the Secretary to convene a Technical Advisory Group to advise on the development of such standards.
United States · United States Congress · 21 July 2010
Amends the Patient Protection and Affordable Care Act to require the Secretary of Health and Human Services (HHS) to offer through Exchanges a health benefits plan (public health insurance option) that ensures choice, competition, and stability of affordable, high-quality coverage throughout the United States. Declares that the Secretary's primary responsibility is to create a low-cost plan without compromising quality or access to care. Sets forth provisions related to the establishment and governance of the public health insurance option, including that such plan: (1) may be made available only through Exchanges; (2) must comply with requirements applicable to other health benefits plans offered through such Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost sharing; and (3) must offer bronze, silver, and gold plan levels. Requires the Secretary to: (1) establish an office of the ombudsman for the public health insurance option; (2) collect such data as may be required to establish premiums and payment rates; (3) establish geographically adjusted premiums at a level sufficient to fully finance the costs of the health benefits provided and administrative costs related to the operation of the plan; and (4) establish payment rates and provide for greater payment rates for the first three years. Requires repayment of start-up costs for the public health insurance option. Authorizes the Secretary to utilize innovative payment mechanisms and policies to determine payments for items and services under the public health insurance option.
United States · United States Congress · 20 July 2010
Buses, Rail Cars, Ferryboats: Make it in America Act of 2010 - Eliminates certain waivers of Buy American requirements that the Secretary of Transportation (DOT) obligate federal funding for capital public transportation projects only if U.S. steel, iron, and manufactured goods are used in such projects. (Retains the current waiver of such Buy American requirements for any case where use of U.S. material will increase overall project costs by more than 25%.)
United States · United States Congress · 20 July 2010
Close Foreign Tax Loopholes: Make it in America Act of 2010 - Amends the Internal Revenue Code, with respect to the taxation of foreign income and the foreign tax credit, to: (1) suspend the recognition of foreign tax credits until the related foreign income is taken into account for U.S. tax purposes; (2) deny a foreign tax credit for foreign income not subject to U.S. taxation due to a covered asset acquisition (defined as an acquisition that results in an increase in tax basis for U.S. tax purposes but not for foreign tax purposes); (3) apply a separate foreign tax credit limitation for each item of income that would be treated as derived from sources within the United States and that would be treated as arising from sources outside the United States under a treaty obligation (if the taxpayer chooses the benefits of such treaty); (4) limit the amount of foreign tax credits that may be claimed by a U.S. domestic corporation with respect to a deemed dividend paid by a foreign subsidiary; (5) prevent a reduction in earnings in profits of a foreign corporation in an acquisition if more than 50% of the dividends arising from such acquisition would not be subject to U.S. taxation or would be includible in the earnings and profits of a controlled foreign corporation; (6) treat a foreign corporation as a member of an affiliated group for interest allocation and apportionment purposes if more than 50% of its gross income is effectively connected with a U.S. trade or business and at least 80% of either the vote or value of its outstanding stock is owned directly or indirectly by members of the affiliated group; (7) repeal tax rules exempting foreign source income attributable to the active conduct of a foreign trade or business from withholding of tax requirements; (8) treat as income received in the United States amounts received from noncorporate residents or domestic corporations with respect to guarantees and amounts paid by any foreign person if such amounts are connected with income that is effectively connected with the conduct of a trade or business in the United States; and (9) provide that the statute of limitations for assessing any tax on certain foreign transactions shall apply only to items related to a failure to provide information to the Internal Revenue Service (IRS) due to reasonable cause and not willful neglect.
United States · United States Congress · 20 July 2010
Safe Cosmetics Act of 2010 - Amends the Federal Food, Drug, and Cosmetic Act to expand the regulation of cosmetics, including to require: (1) annual registration of any establishment engaged in manufacturing, packaging, or distributing cosmetics for use in the United States; (2) new fees to provide for oversight and enforcement of cosmetics regulations; (3) ingredient labeling and disclosure of information on ingredients; and (4) adverse event reporting. Requires the Secretary to: (1) establish a list of prohibited or restricted ingredients and a list of ingredients that are safe without limits for use in cosmetics; and (2) develop a priority assessment list of ingredients that cannot be included on either of the other two lists because of a lack of authoritative information on the safety of the ingredient; and (3) establish minimum data requirements and test protocols to be used by manufacturers to assess the safety of cosmetic ingredients. Sets forth provisions related to: (1) nanotechnology in the formulation of cosmetics; (2) the voluntary and mandatory recall of cosmetics; and (3) alternatives to animal testing. Establishes the Interagency Council on Cosmetic Safety to share data and promote collaboration on cosmetic safety among federal agencies. Deems a cosmetic that fails to meet the requirements set forth by this Act to be adulterated. Deems a cosmetic that fails to meet the labeling requirements under this Act to be misbranded. Requires the Secretary of Labor to promulgate an occupational safety and health standard that requires an expanded material safety data sheet to be made available to cosmetics distributors and employers using such products for professional use.
United States · United States Congress · 20 July 2010
Manufacture Renewable Energy Systems: Make it in America Act of 2010 - Authorizes federal acquisition of, or the provision of federal funds to states for purchase of, only green technologies that are 100% manufactured in the United States from articles, materials, or supplies that are 100% grown, produced, or manufactured in the United States beginning in the fourth fiscal year after enactment of this Act. Provides that such percentage shall be 30% in the first fiscal year after enactment, 50% in the second fiscal year, and 80% in the third fiscal year. Defines "green technologies" to mean renewable energy and energy efficiency products and services that: (1) reduce dependence on unreliable sources of energy by encouraging the use of sustainable biomass, wind, small-scale hydroelectric, solar, geothermal, and other renewable energy and energy efficiency products and services; and (2) use hybrid fossil-renewable energy systems. Amends the Internal Revenue Code to prohibit treating any facility originally placed in service after December 31, 2013, as a qualified facility for purposes of the renewable energy production and investment tax credits unless such facility is 100% manufactured in the United States from articles, materials, or supplies that are 100% grown, produced, or manufactured in the United States. Provides that such percentage shall be 30% for a facility placed in service during 2011, 50% for a facility placed in service during 2012, and 80% for a facility placed in service during 2013.
United States · United States Congress · 15 July 2010
United States Postal Service's CSRS Obligation Modification Act of 2010 - Prescribes the "average pay" and the appropriate percentage thereof to be used in determining annuities for civilian employment with the United States Postal Service (USPS) for purposes of provisions relating to future benefits attributable to such employment in order to calculate the amount of any Postal surplus or supplemental liability under the Civil Service Retirement System. Requires the Office of Personnel Management (OPM): (1) within six months after enactment of this Act, to determine (or, if applicable, redetermine) the amount of such surplus or liability as of the close of the most recently ending fiscal year using the methodology required under this Act; and (2) if the result is a surplus, to transfer the surplus amount to the Postal Service Retiree Health Benefits Fund.
United States · United States Congress · 15 July 2010
PACE Assessment Protection Act of 2010 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) to adopt underwriting standards that are consistent with the Guidelines for Pilot PACE Financing Programs issued on May 7, 2010, by the Department of Energy (DOE). Provides that liens or other property obligations that secure property taxes or assessments under a PACE program and that are consistent with such standards shall be considered to comply with the Uniform Instruments of Fannie Mae and Freddie Mac and shall not constitute a default on an existing mortgage or trigger the exercise of lender's remedies for a property with such a lien. Defines a "PACE program" as a property assessed clean energy program under which a state or political subdivision levies taxes or assessments on real property to finance the installation of renewable energy and energy efficiency improvements. Prohibits Fannie Mae and Freddie Mac from requiring repayment of a PACE program tax or assessment in order for a property owner to finance, refinance, or transfer property that meets their underwriting criteria without consideration of the PACE program lien. Requires the underwriting standards to provide that, in the event that a tax or assessment under a PACE program is delinquent, only the unpaid delinquent amount along with applicable penalties, interest, and costs will be subject to foreclosure and not the entire amount. Prohibits the Federal Housing Finance Agency, Fannie Mae, Freddie Mac, and all federal agencies and entities chartered under federal law from discriminating against communities implementing or participating in a PACE program.
United States · United States Congress · 15 July 2010
Recognizes the legacy of Bob Sheppard and his distinctive announcements as a revered tradition not only to the New York Yankees and the New York Giants, but also to the games of baseball and football and the field of sports announcing. Commends Bob Sheppard for his 52 years of service as a public-address announcer and his long tenure as a speech professor.
United States · United States Congress · 15 July 2010
Recognizes the historic milestone of the 50th anniversary of the publication of "To Kill a Mockingbird." Honors Nelle Harper Lee for her outstanding achievement in the field of American literature in authoring "To Kill a Mockingbird."
United States · United States Congress · 13 July 2010
Federal Contracting Oversight and Reform Act of 2010 - Amends the Clean Contracting Act of 2008 to: (1) require the Administrator of General Services (GSA) to ensure that the information in the database of information regarding the integrity and performance of persons awarded federal contracts and grants is available to any Member of Congress (currently, limited to the Chairman and Ranking Member of the committees having jurisdiction); and (2) expand the scope of the database, including doubling the period of coverage. Prohibits funds appropriated or otherwise made available by any Act from being used for any federal contract for the procurement of property or services in excess of: (1) the simplified acquisition threshold unless the contractor has first made the certifications set forth in the Federal Acquisition Regulation regarding debarment, suspension, proposed debarment, and other responsibility matters; and (2) $500,000 unless the contractor certifies that he or she has submitted to the Administrator specified required information and that such information is current as of the date of the certification, or that the contractor has cumulative active federal contracts and grants valued at less than $10 million. Requires the Inspector General of each federal agency to periodically: (1) conduct an inspection or review of required contract files to determine if the agency is providing appropriate consideration of the information included in the database; and (2) report to Congress on the results of the inspection or review. Requires the Comptroller General to annually report on the extent to which suspended or debarred contractors on the Excluded Parties List System are identified as having received contracts on USAspending.gov or were granted waivers from suspension or debarment. Requires: (1) the Director of the Office of Management and Budget (OMB) to report to Congress a plan for integrating and consolidating specified existing contracting information databases into a single searchable and linked network; and (2) the Inspector General of GSA to conduct a study on the use of identifying numbers for federal contractors.
United States · United States Congress · 1 July 2010
Put School Counselors Where They're Needed Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to implement a demonstration project providing competitive, four-year grants to at least 10 secondary schools that have a four-year adjusted cohort graduation rate of 60% or lower, for the provision of additional school counselors and counselor resources. Expresses the sense of Congress that grantees should provide one additional counselor for every 250 students at risk. Requires the additional school counselors to serve primarily students identified as being at risk of not graduating in four years. Makes grantees that demonstrate progress in improving their graduation rates eligible for subsequent grants.
United States · United States Congress · 1 July 2010
Miner Safety and Health Act of 2010 - Amends the Federal Mine Safety and Health Act of 1977 (this Act) to require the Secretary of Labor (Secretary), in conducting health and safety related accident investigations in coal or other mines, to: (1) determine why an accident occurred and whether there were violations of law, mandatory health and safety standards, or other requirements; (2) issue citations and penalties in case of violations, and in cases involving possible criminal actions, refer them to the Attorney General; and (3) make recommendations to avoid any recurrence. Requires an independent accident investigation by an independent panel appointed by the Secretary of Health and Human Services (HHS) for any accident: (1) involving three or more deaths; or (2) whose severity or scale merits an independent investigation. Authorizes: (1) the Secretary's representatives and attorneys to question any individual privately during an inspection or investigation; and (2) any individual willing to speak with or provide a statement to such representatives or attorneys to do so without the presence, involvement, or knowledge of the mine operator or mine operator's agents or attorneys. Allows the closest relative of a miner who is entrapped or otherwise prevented by an accident to designate a representative for the miner to participate in a mine inspection. Requires mine inspections to be conducted during various shifts and days of the week when miners are normally present. Prohibits an attorney from representing both a mine operator and miner during an inspection, investigation, or litigation, unless such miner knowingly waives all possible conflicts of interest. Prescribes requirements for mine operators having a pattern of recurring citations, withdrawal orders, accidents, injuries, or illnesses. Establishes in the Treasury the Mines in Pattern Status Inspection Fund for deposit of fees collected from mines in pattern (of violation) status for the costs of additional inspections. Requires the Secretary to: (1) revoke the approval of mine operator plans or programs based on certain criteria; and (2) order withdrawal of all persons from a mine, and prohibit them from entering it, until the operator submits and the Secretary approves a new plan. Revises civil and criminal penalties and related administrative procedures. Revises certain miner protections against discrimination. Prohibits discriminating against a miner or other employee of a mine operator for refusing to perform duties out of a good-faith and reasonable belief that performing such duties would pose a safety or health hazard. Entitles a miner to full compensation by a mine operator at the regular rate of pay for the entire period for which the miner is idled because of a Secretary's withdrawal order. (Under current law, miners are entitled to full compensation only for the balance of their shift, and up to four hours of the next working shift if an order is not terminated beforehand.) Prohibits an underground coal mine operator from discharging (or constructively discharging) a miner paid on an hourly basis without reasonable job-related grounds based on certain failures to perform job duties satisfactorily if the miner has completed the employer's probationary period of up to six months. Allows a miner aggrieved by violation of this prohibition to file a complaint in federal district court for reinstatement and compensatory damages. Requires each underground coal mine operator to implement a communication program to ensure that each miner entering a mine is made aware, at the start of a shift, of current mine conditions. Prescribes additional requirements for the monitoring of coal dust in underground mines. Requires the Director of the National Institute for Occupational Safety and Health (NIOSH), acting through the Office of Mine Safety and Health Research, to issue recommendations to the Secretary regarding the use of atmospheric monitoring systems in the underground coal mining industry. Revises mine operator health and safety training program requirements. Increases from 8 to 9 the minimum number of hours of refresher training all miners must receive at least once every 12 months, including 1 hour of training on miners statutory rights and responsibilities. Requires the Secretary to order a mine operator to provide additional training to miners if a serious or fatal accident has occurred at a mine or it has experienced above-average accident and injury rates, citations, or withdrawal orders. Requires the Secretary to issue mandatory standards to establish certification requirements and procedures for persons authorized by a mine operator to perform duties or provide training under such Act. Authorizes the Secretary to make grants to states to assist them in developing and implementing miner certification programs. Amends the Black Lung Benefits Act to require a mine operator to deliver within 14 days a complete copy of the examining physician's report to any miner required to submit to a medical examination. Amends the Occupational Safety and Health Act of 1970 to revise certain employee protections against discrimination. Prescribes an employee's victim rights before the Secretary or before the Occupational Safety and Health Review Commission with respect to: (1) inspections or investigations of employer violations of federal occupational safety and health standards; or (2) a work-related bodily injury or death. Prescribes administrative requirements for an employer's correction of a serious, willful, or repeated violation of federal occupational safety and health standards pending contest and procedures for a stay. Increases civil penalties for such violations. Subjects to certain increased criminal penalties an employer who knowingly violates a federal occupational safety and health standard, or regulation prescribed by such Act, that causes or contributes to the death of an employee. Adds penalties for a knowing violation that causes or contributes to serious bodily harm to any employee but does not cause any employee's death.
United States · United States Congress · 1 July 2010
United States Marshals Service 225th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 225th anniversary of the establishment of the United States Marshals Service, to mint and issue $5 gold and $1 silver coins emblematic of the 225 years of exemplary and unparalleled achievements of the U.S. Marshals Service. Requires all such coin sales to include a surcharge of: (1) $35 per $5 coin; and (2) $10 per $1 coin. Requires distribution of the first $5 million to the Director of the United States Marshals Service National Museum, for the preservation, maintenance, and display of artifacts and documents of the U.S. Marshals Service. Requires distribution of: (1) $1 million to the National Center for Missing and Exploited Children; (2) $1 million to the National Law Enforcement Officers Memorial Fund in support of the National Law Enforcement Museum and the National Law Enforcement Officers Memorial; (3) $1 million to the Federal Law Enforcement Officers Association; (4) $500,000 to the William "Bill" Degan Scholarship Fund (provides scholarships for spouses and children of law enforcement officers killed in the line of duty); (5) $500,000 to the Robert D. May Scholarship Fund (provides scholarships for spouses and children of law enforcement officers killed in the line of duty); (6) $500,000 to the Community Oriented Policing Service; and (7) $500,000 to the United States Marshals Service Association. Authorizes the Secretary to strike and sell bronze duplicates of the $5 gold coins.
United States · United States Congress · 1 July 2010
Recognizes the 20th anniversary of the enactment of the Americans with Disabilities Act of 1990. Pledges to continue to work on a bipartisan basis to identify and address the remaining barriers that undermine the nation's goals of equality of opportunity, independent living, economic self-sufficiency, and full participation for Americans with disabilities.
United States · United States Congress · 30 June 2010
Gulf Coast Restoration Act - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to award national emergency grants to a state to provide oil spill relief employment assistance for an area of the state that has been affected by an oil or hazardous substances spill of national significance (covered incident). Makes assistance available to: (1) provide oil spill relief employment of unemployed or dislocated workers on projects to clean, restore, or reconstruct lands, marshes, waters, and structures located within an area of a covered incident, as well as for food, clothing, shelter and other humanitarian assistance to affected individuals; (2) establish cleanup standards; (3) provide employment and training of, and protective equipment to, workers; (4) increase a state's capacity to provide information about public and private services at one-stop centers and other access points to individuals adversely affected by a covered incident; and (5) provide temporary employment by public sector entities. Requires the Secretary to require states receiving oil spill relief employment assistance to provide assurance that Davis-Bacon Act (locality pay) wages are paid to all employees and contractors who work on such projects. Limits an individual's oil spill employment to six months, subject to extension for a period determined by the Secretary. Establishes a Gulf Coast Community Conservation Corps (Gulf Coast CCC), administered by the Corporation for National and Community Service, to carry out national service programs that provide a covered incident area with oil spill relief specified in this Act. Authorizes the Corporation to transfer funds from the National Service Trust Fund to provide in-service or post-service national service educational benefits to individuals participating in a Gulf Coast CCC national service program. Requires parties responsible for a covered incident to reimburse the federal government for costs incurred in carrying out the activities authorized under this Act.
United States · United States Congress · 30 June 2010
End Big Oil Tax Subsidies Act of 2010 - Amends the Internal Revenue Code to require seven-year amortization of the geological and geophysical expenditures of covered large oil companies. Defines "covered large oil company" as a taxpayer which is a major integrated oil company or which has gross receipts in excess of $50 million in a taxable year. Denies certain tax benefits to any taxpayer that is not a small, independent oil and gas company, including: (1) the tax credits for producing oil and gas from marginal wells and for enhanced oil recovery; (2) expensing of intangible drilling and development costs in the case of gas wells and geothermal wells; (3) percentage depletion; (4) the tax deduction for qualified tertiary injectant expenses; (5) the exemption from limitations on passive activity losses; and (6) the tax deduction for income attributable to domestic production activities. Prohibits the use of the last-in, first-out (LIFO) accounting method by major integrated oil companies. Denies the election to expense the cost of refinery property which is used to process liquid fuel from tar sands, shale, or coal (including lignite).
United States · United States Congress · 30 June 2010
Compound 1080 and Sodium Cyanide Elimination Act - Amends the Toxic Substances Control Act to prohibit the use, production, sale, importation, or exportation of sodium fluoroacetate (known as Compound 1080). Prohibits the use of sodium cyanide in a predator control device. Subjects a violator of either such prohibition to a fine, imprisonment for not more than two years, or both.
United States · United States Congress · 30 June 2010
Stop Deceptive Advertising for Women's Services Act - Requires the Federal Trade Commission (FTC) to: (1) promulgate rules prohibiting, as unfair and deceptive acts or practices, persons from advertising with the intent to deceptively create the impression that such persons provide abortion services if such persons do not provide such services; and (2) enforce violations of such rules as unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce.
United States · United States Congress · 29 June 2010
Ending Corporal Punishment in Schools Act - Amends the General Education Provisions Act to prohibit the Secretary of Education from providing education funding to any educational agency or institution that allows school personnel to inflict corporal punishment upon a student as a form of punishment or to modify undesirable behavior. Requires each state to submit a plan to the Secretary, within 18 months of this Act's enactment and every third year thereafter, that describes how the state eliminates the use of corporal punishment in schools and makes school personnel and parents aware of its policies and procedures for doing so. Authorizes the Secretary to award three-year grants to states and, through them, competitive subgrants to local educational agencies (LEAs) to assist them in improving school climate and culture by implementing school-wide positive behavior supports. Requires grant and subgrant funds to be used for professional training, technical assistance, research, and outreach regarding positive behavior supports. Requires LEAs to ensure that private school personnel can participate, on an equitable basis, in activities supported by such funds. Authorizes the Secretary to allocate funds to the Secretary of the Interior to carry out such activities with regard to schools operated or funded by the Department of the Interior. Directs the Secretary to conduct a national assessment to determine compliance with this Act's requirements and identify best practices regarding positive behavior support professional training programs. Gives Protection and Advocacy Systems the authority provided under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to investigate, monitor, and enforce this Act's protections for students.
United States · United States Congress · 29 June 2010
Offshore Drilling Safety Improvement Act - Amends the Outer Continental Shelf Lands Act to direct the Secretary of the Interior to issue regulations requiring: (1) that all oil and gas drilling and production operations on the outer Continental Shelf have safety and environmental management systems in place, including blowout preventers and additional backup emergency shutoff equipment such as acoustic shut-off technology; and (2) that such equipment use the best available and safest technologies. Requires consideration of the need for different technology requirements in different environments and depths. Applies such regulations to: (1) all new oil and gas drilling and production operations, and (2) all existing drilling and production operations six months after the issuance of the regulations. Requires the Secretary, every five years thereafter, to review blowout preventer and emergency shutoff equipment technology and revise the regulations as necessary to require use of the best available technology. Amends the Department of Energy Organization Act to require the Department of Energy (DOE) Assistant Secretaries to identify the best available and safest technology for offshore oil and gas exploration and production.
United States · United States Congress · 29 June 2010
Permanent Prevention of Asian Carp Act of 2010 - Directs the Secretary of the Army, acting through the Chief of Engineers, to study the watersheds of the Illinois, Chicago, and Calumet Rivers, including their tributaries, that drain directly into Lake Michigan to determine the feasibility and best means of implementing the hydrologic separation of the Great Lakes and the Mississippi River Basins to prevent the introduction or establishment of populations of aquatic nuisance species between the Great Lakes and Mississippi River Basins through the Chicago Area Water System (CAWS) and other aquatic pathways. Requires the study to: (1) include options to address flooding, Chicago wastewater and stormwater infrastructure, waterway safety operations, and barge and recreational vessel traffic alternatives; and (2) contain a detailed analysis of the environmental benefits and costs of each option. Directs: (1) the Secretary to carry out this Act at federal expense; and (2) the President, or the Council on Environmental Quality as a designee of the President, to oversee the study to ensure its thoroughness and timely completion.
United States · United States Congress · 28 June 2010
Recognizes the exemplary service and sacrifice of the soldiers of the 14th Armored Division of the U.S. Army, known as the Liberators, during World War II.
United States · United States Congress · 24 June 2010
Acknowledges the family planning services programs operating under title X of the Public Health Service Act as a critical component of the U.S. public health care system. Expresses support for the mission of such programs. Recognizes family planning providers at Title X health centers who work tirelessly to provide quality care to millions of low-income individuals.
United States · United States Congress · 24 June 2010
Supports the designation of a National ESIGN Day. Recognizes the previous contribution made by Congress to the adoption of modern solutions that keep the United States on the leading technological edge. Reaffirms the commitment of Congress to facilitating interstate and foreign commerce in an increasingly digital world.
United States · United States Congress · 23 June 2010
Genetically Engineered Food Right to Know Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA), the Federal Meat Inspection Act, and the Poultry Products Inspection Act to deem a food misbranded if it contains or was produced with a genetically engineered material unless its labeling contains statements meeting specified requirements. Requires the periodic testing of such foods transferred along a chain of distribution to assure accuracy of labels, subject to specified exceptions. Excludes, in all three Acts, food: (1) served in restaurants; or (2) prepared primarily in a retail establishment, ready for human consumption, but not offered for sale for immediate consumption in the establishment. Excludes, for purposes of the FDCA, a medical food as defined in the Orphan Drug Act. Subjects violators to civil monetary penalties, exempting recipients who accept a guarantee of the absence of genetically engineered material in good faith or producers whose food inadvertently becomes contaminated by genetically engineered material. Authorizes citizen suits as specified.
United States · United States Congress · 23 June 2010
Genetically Engineered Safety Act - Genetically Engineered Pharmaceutical and Industrial Crop Safety Act of 2010 - Prohibits: (1) a pharmaceutical crop or industrial crop from being grown, raised, or otherwise cultivated until the final regulations and tracking system required by this Act are in effect; and (2) cultivation of a pharmaceutical crop or industrial crop in an open air environment, or in a food commonly used for human food or domestic animal feed. Directs the Department of Agriculture (USDA) to establish a tracking system to regulate the growing, handling, transportation, and disposal of all pharmaceutical and industrial crops and their byproducts to prevent contamination. Authorizes the Secretary of Agriculture to assess civil penalties for violations of such provisions. Directs the National Academy of Sciences to report on alternative methods to produce pharmaceuticals or industrial chemicals that may be conducted in controlled production facilities without the risk of contamination. Genetically Engineered Food Safety Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to include genetically engineered food in the definition of "food additive." Sets forth requirements governing petitions to the Secretary of Health and Human Services (HHS) for a regulation prescribing the conditions of safe use of a genetically engineered food additive, including information to be included in the petition and factors to be considered by the Secretary in making a decision. Authorizes civil actions against: (1) a person alleged to have violated FFDCA provisions regulating genetic food additives; and (2) the Secretary of Health and Human Services for failure to perform a mandatory act or duty related to genetic food additives. Requires the Secretary of Health and Human Services to collect a filing fee for petitions to: (1) defray costs related to such petitions; and (2) provide for research on the safety of genetic food additives. Authorizes an officer or employee conducting an inspection to order the detention of food if such person has reason to believe that such food violates the FFDCA. Requires all food retailers to register with the Food and Drug Administration (FDA) to expedite recalls, embargoes, and seizures.
United States · United States Congress · 23 June 2010
Genetically Engineered Technology Farmer Protection Act - Genetically Engineered Crop and Animal Farmer Protection Act - Requires a biotech company that sells any genetically engineered animal, plant, or seed that will be used in the United States to: (1) provide the purchaser with written notice of possible legal and environmental risks of such article's use (such disclosure shall neither relieve the company from liability, nor be construed to create purchaser liability); and (2) disclose any technology fees to the Secretary of Agriculture (USDA), and not charge fees that are higher than those outside the United States. Sets forth related contract prohibitions and limitations. Directs the Secretary to: (1) identify which plants are outcrossed pollinators and make such information available to affected sellers and purchasers; and (2) issue rules to require mitigation strategies for predominately outcrossed crops. Amends the Federal Insecticide, Fungicide, and Rodenticide Act to direct the Administrator of the Environmental Protection Agency (EPA) to: (1) establish the best achievable resistance plan for plant-incorporated pesticides engineered to include toxins derived from the bacterium Bacillus thuringiensis (Bt); (2) revoke Bt registrations not in plan compliance; (3) reduce a pesticide's use if it is determined to be facilitating Bt-toxin resistance in pests; and (4) establish an advisory panel. Prohibits: (1) labeling seeds as non-genetically engineered if the Secretary determines such seeds contains genetically engineered material; (2) manufacture, sale, or planting of genetically engineered or chemically induced non-fertile seeds; and (3) loan discrimination against a producer who refuses to use genetically engineered plants or animals. Authorizes, with respect to violations under this Act: (1) the Secretary to assess civil penalties; and (2) citizen suits against the Secretary, a federal agency, or an individual. Genetically Engineered Organism Liability Act of 2010 - States that: (1) a biotech company shall be liable to any party injured by the release of a genetically engineered organism into the environment if the injury results from such genetic engineering; and (2) liability may not be waived or otherwise avoided by contract.
United States · United States Congress · 22 June 2010
Prevention of Interstate Commerce in Animal Crush Videos Act of 2010 - Amends the federal criminal code to revise provisions prohibiting knowingly creating, selling, or possessing a depiction of animal cruelty to prohibit knowingly and for the purpose of commercial advantage or private financial gain selling or distributing an animal crush video in interstate or foreign commerce. States that such prohibition does not prohibit the sale or distribution of any visual depiction of hunting, trapping, fishing, or customary and normal veterinary or agricultural husbandry practices. Defines "animal crush video" as any obscene photograph, motion-picture film, video recording, or electronic image that depicts actual conduct in which one or more living animals is intentionally crushed, burned, drowned, suffocated, or impaled in a manner that would violate a criminal prohibition on cruelty to animals in the federal or state jurisdiction in which the depiction is created, sold, distributed, or offered for sale or distribution.
United States · United States Congress · 17 June 2010
Rating and Processing Individuals' Disability Claims Act or the RAPID Claims Act - Requires the Secretary of Veterans Affairs (VA), if a veteran's claim is submitted that is determined to be a fully developed claim, to provide: (1) the claimant with the opportunity to waive any claim development period with respect to such claim; and (2) expeditious treatment to such claim. Provides that: (1) if a person notifies the Secretary of the intention to submit a fully developed claim and does so within a one-year period thereafter, the Secretary shall provide expeditious treatment to the claim; and (2) if the Secretary determines that a claim submitted as fully developed is not fully developed, the Secretary shall notify such person within 30 days of the information and evidence required to fully develop the claim. Requires the Secretary, when denying a benefit, to notify the claimant of any form or application required to appeal such decision.
United States · United States Congress · 17 June 2010
Emergency Contraception Education Act of 2010 - Directs the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop and disseminate to the public information on emergency contraception, including, at a minimum, a description of emergency contraception and an explanation of the use, safety, efficacy, and availability of such contraception. Requires that the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to develop and disseminate to health care providers, including pharmacists, information on emergency contraception that includes, at a minimum: (1) information describing the use, safety, efficacy, and availability of emergency contraception; (2) a recommendation regarding its use in appropriate cases; and (3) information explaining how to obtain copies of information from the CDC.
United States · United States Congress · 17 June 2010
Flood Insurance Fairness Act of 2010 - Amends the Flood Disaster Protection Act of 1973 to delay, for certain areas not previously designated as having special flood hazards, the effective date for the mandatory purchase of flood insurance until the expiration of the five-year period beginning upon the date that revisions to certain flood insurance maps become available. Prohibits this Act from being construed to authorize or require any payment or refund for flood insurance coverage purchases that covered any period during which such coverage is not required for the insured property. Amends the National Flood Insurance Act of 1968 to prescribe a five-year phase-in schedule for flood insurance rates for areas newly mapped as having special flood hazards. Requires the Administrator of the Federal Emergency Management Agency (FEMA) to reimburse property owners for costs incurred in requests to remove property from base flood elevations. Instructs the FEMA Administrator to submit to Congress a community outreach plan updating floodplain areas and flood-risk zones. Instructs the FEMA Administrator to notify the appropriate Members of Congress of actions taken regarding any modernization of a floodplain area or flood-risk zone in their respective states or districts.
United States · United States Congress · 17 June 2010
Supports the designation of Gospel Music Heritage Month (September 2010), which would recognize the contributions to U.S. culture derived from the rich heritage of gospel music and gospel music artists.
United States · United States Congress · 14 June 2010
Oil Spill Responsibility Act of 2010 - Finds that BP p.l.c. (BP) confessed under oath before Congress to being the responsible party for the discharge of oil in the Gulf of Mexico resulting from the explosion on and sinking of the mobile offshore drilling unit Deepwater Horizon. Requires BP immediately to pay the United States $25 billion as partial compensation for removal costs and damages for which BP is liable. States that a specified limitation on damages under the Oil Pollution Act of 1990 shall not apply with respect to the explosion on and sinking of the mobile offshore drilling unit Deepwater Horizon. Prohibits the construction of this Act as limiting the liability of BP for such amount. Requires amounts paid by BP under this Act to be deposited into a separate account in the Treasury and made available to the Secretary of the Interior to reimburse any person for removal costs and damages incurred as a result of the explosion on and sinking of the mobile offshore drilling unit Deepwater Horizon.
United States · United States Congress · 10 June 2010
Improving Nutrition for America's Children Act - Amends the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to revise the school lunch and breakfast programs, the summer food service program, the child and adult care food program (CACFP), and the special supplemental nutrition program for women, infants, and children (WIC program). Reauthorizes appropriations for such programs through FY2015. Includes among such revisions: (1) encouraging the direct certification of children who receive other public assistance as eligible for free meals under the school lunch and breakfast programs; (2) establishing new mechanisms by which schools or local educational agencies (LEAs) with very high proportions of low-income children can receive federal reimbursement for free or reduced price meals under such programs without collecting individual paper applications from households; (3) establishing a program awarding competitive grants to states and, through them, competitive subgrants to LEAs to establish or expand the school breakfast program at low-income schools; (4) expanding the access of low-income rural areas to the summer food service program; (5) requiring updates to meal patterns and nutrition standards for the school lunch and breakfast programs based on recommendations made by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences (NAS); (6) requiring the establishment of science-based nutrition standards for all foods sold in schools outside the school lunch and breakfast programs; (7) requiring LEAs participating in the school lunch and breakfast programs to establish local school wellness policies for their schools that include goals for nutrition promotion and education, physical activity and education, and other school-based activities that promote student wellness; (8) requiring reimbursable meals and snacks provided under the CACFP to meet the most recent Dietary Guidelines for Americans and certain authoritative scientific recommendations; (9) encouraging WIC program participants to breastfeed; and (10) requiring WIC electronic benefit transfer (EBT) systems to be implemented nationwide by October 1, 2020.
United States · United States Congress · 10 June 2010
Securing Protections for the Injured from Limitations on Liability Act - Amends the Death on the High Seas Act to permit a decedent's spouse, parent, child, or dependent relative (the decedent's personal representative under current law) to bring a civil action in admiralty or law (limited to admiralty under current law) against the person or vessel responsible for the decedent's death when the death was caused by wrongful act, neglect, or default occurring on the high seas beyond 12 nautical miles (3 nautical miles under current law) from the shore of the United States. Allows recovery in such an action for fair compensation for nonpecuniary loss (limited to pecuniary loss under current law), plus a fair compensation for the decedent's pain and suffering. Defines "nonpecuniary loss" as loss of care, comfort, and companionship. Allows substitution of the decedent's spouse, parent, child, or dependent relative (personal representative under current law) as a plaintiff in an action for personal injury caused by wrongful act, neglect, or default under the Act, if the plaintiff dies during the action as a result of the wrongful act. Amends the Jones Act to allow recovery for the loss of the care, comfort, and companionship of a seaman who died in the course of employment Repeals specified general limitations on a shipowner's liability (the Limitation of Liability Act) for personal injury or death on seagoing vessels. Amends the federal judicial code with respect to the right to remove class actions and mass actions to federal court (the Class Action Fairness Act of 2005) to deny such right with respect to any action brought by a state or a state subdivision in its own state court on behalf of its citizens. Declares void and unenforceable any agreement, promise, or directive to restrict the dissemination of information (except by a government agency to protect public health or safety) regarding the cause, nature, or extent of, or damage caused by, or efforts to remediate any discharge into waters off the U.S. shore of a substance that contaminates a marine or coastal environment or endangers public health. Amends the bankruptcy code to prohibit a trustee in bankruptcy from selling or leasing, except in the ordinary course of business, any property of the estate of a debtor that is liable for a claim arising from an incident under the Oil Pollution Act of 1990, to a purchaser (together with any affiliate) in an aggregate dollar amount exceeding a specified amount under the Clayton Act unless: (1) the purchaser (and affiliate) agree as a condition of the sale to pay the amount of allowed unsecured claims arising from the incident not paid by the debtor; or (2) all classes of unsecured claims approve the sale of such assets.
United States · United States Congress · 10 June 2010
Expresses support for the designation of Blood Cancer Awareness Month. Encourages participation in voluntary activities to support blood cancer research and education.
United States · United States Congress · 10 June 2010
Calls for an end to the violence, arrests, torture, and ill treatment perpetrated against Iranian citizens as well as the unconditional release of all political prisoners in Iran. Calls upon the U.S. government, the President, and the Secretary of State to condemn human rights violations in Iran and support the Iranian people's endeavors towards democracy. Calls for an end to a selective approach to Iranian opponents who struggle for democracy and human rights and invites the Secretary, in coalition with British and European allies, to remove the People's Mojahedin Organization of Iran from the State Department's list of Foreign Terrorist Organizations. Calls for the adoption of measures by the President to impose sanctions while welcoming the U.S. government's efforts to create an international consensus to deal with Iran's nuclear program. Calls on the President to persuade U.S. allies and other countries to enact appropriate measures aimed at depriving Iranian banks and financial institutions involved in nuclear activities and backing of terrorist groups from access to the international monetary system.
![Official portrait of Rep. Hinchey, Maurice D. [D-NY-22]](https://www.congress.gov/img/member/h000627_200.jpg)