The bill sets the tone for a Washington takeover of the health care system-one defined by federal regulation, mandates, myriad new programs, and higher federal spending.  The bill would ensure the heavy hand of federal bureaucrats over the United States health care system, levying costly new taxes on individuals and businesses who do not comply.  Many Members may question how additional federal mandates and bureaucratic diktats raising costs appreciably for all Americans would make health care more "affordable."  Many Members may also be concerned that the bill's provisions-only partially masked by budgetary gimmicks and "smoke-and-mirrors" accounting-cost nearly $1.3 trillion, financed largely by significant job-killing tax increases imposed on small businesses during a recession.

Buried within the contents of the 1,990 page bill-as well as a separate 13-page bill (H.R. 3961) that would increase the deficit by more than $200 billion-are details that will see a massive federal involvement in the health care of every American, including the following:

• Creation of a government-run health plan that experts say would result in up to 114 million Americans losing their current coverage-a clear violation of any pledge to allow individuals to keep their current health plan;
• Nearly half a trillion dollars in tax increases on certain income filers, a majority of whom are small businesses-and $729.5 billion in tax increases overall;
• Insurance regulations that would raise costs for nearly all Americans, particularly young Americans, and confine choice of plans to those approved by a board of bureaucrats;
• New price controls on health insurance companies that provide perverse incentives to keep individuals sick rather than managing chronic disease, while impeding patient access to important services just because those services do not provide a direct clinical benefit;
• Additional federal mandates that would significantly erode the flexibility currently provided to employers-and could result in firms dropping coverage;
• Massive expansion of Medicaid to all individuals with incomes below 150 percent of the Federal Poverty Level ($33,075 for a family of four), replacing the existing private health coverage of millions with taxpayer-funded health care-and imposing tens of billions of dollars in new unfunded mandates on States;
• Denial of health plan choice to 15 million Americans, consigning them instead to a Medicaid program riddled with bureaucratic obstacles and poor access to care, such that its own beneficiaries do not consider it "real insurance;"
• Language opening employers operating group health plans to State law remedies and private causes of action-subjecting employers to review by 50 different State court rulings, thereby raising costs and encouraging more employers to drop their current health plans;
• Liability "reforms" intended to ensure trial lawyers do not have their compensation reduced, rather than meaningful changes that would reduce the cost of health care by eliminating wasteful defensive medicine practices;
• Establishment of a bureaucrat-run health Exchange that would abolish the private market for individual insurance outside the Exchange-and could evolve into a single-payer approach due to the Exchange's ability to cannibalize existing employer plans;
• Creation of a new government board, the "Health Benefits Advisory Committee," that would empower federal bureaucrats to impose new mandates on individuals and insurance carriers;
• Taxation of individuals who do not purchase a level of health coverage that meets the diktats of a board of bureaucrats-including those who cannot afford the coverage options provided;
• New, job-killing taxes-$135 billion worth-on employers who cannot afford to provide their workers health insurance, resulting in up to 5.5 million lost jobs, according to a model developed by President Obama's chief economic advisor;
• Penalties as high as $500,000 on employers who make honest mistakes when filing paperwork with the government health board-which would likely dissuade businesses from continuing to provide coverage, increasing enrollment in the bureaucrat-run Exchange;
• "Low-income" health insurance subsidies to a family of four making up to $88,200;
• Arbitrary and harmful cuts to popular Medicare Advantage plans that would result in millions of seniors losing their current health coverage; and
• Expanded price controls on pharmaceutical products that would discourage companies from producing life-saving breakthrough treatments.

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H.R. 2868 amends the authority of the Department of Homeland Security (DHS) and the Environmental Protection Agency (EPA) to protect against acts of terrorism against chemical facilities, wastewater treatment works, and drinking water systems.  The bill also makes DHS' Chemical Facility Anti-Terrorism Standards permanent (see Background section below).

The bill authorizes a total of $900 million over three years for chemical security, including $325 million in Fiscal Year 2011, of which $100 million would be available for methods to reduce the consequences of a terrorist attack, $300 million in Fiscal Year 2012, of which $75 million would be available for methods to reduce the consequences of a terrorist attack, and $275 million in Fiscal Year 2013, of which $50 million would be available for methods to reduce the consequences of a terrorist attack.  

Risk-Based Designation and Ranking of Chemical Facilities:  H.R. 2868 authorizes DHS to designate any chemical substance as a "substance of concern" and establish threshold quantities for each such chemical that is used, stored, manufactured, processed, or distributed by a chemical facility.  Considerations would include the potential for death, serious adverse effects to human health, the environment, critical infrastructure, national security, or the national economy from a terrorist incident.

The bill requires DHS to maintain a list of facilities that have more than a threshold quantity of a "substance of concern" and pose a security risk based on criteria such as the potential threat or likelihood of a terrorist attack at the facility, the potential harm from a terrorist incident, and the proximity of the facility to large population centers.  DHS could require a facility to submit information regarding the facility's substances of concern to determine whether it would be covered under the list. 

H.R. 2868 also requires DHS to assign each covered facility to one of at least four risk-based tiers, with Tier 1 being the highest-risk.  DHS would periodically review the list of substances of concern and the threshold quantities, and could at any time add, remove, or change the tier assignment for each facility.  DHS would be responsible for providing covered facilities with relevant information about probable threats.

Security Vulnerability Assessments & Site Security Plans:  H.R. 2868 requires DHS to establish risk-based, performance-based standards, and procedures for mandatory security vulnerability assessments and site security plans, and to set deadlines by tier for completion.  DHS would approve or disapprove the assessments and security plans within 180 days of receipt.  The bill directs facilities to review and resubmit their security vulnerability assessments and site security plans every five years.  Facilities would have to notify DHS if they change their use or storage of a substance of concern or modify operations.

Site Inspections:   The bill allows DHS a right of entry at reasonable times to chemical facilities to conduct security verifications and inspections.  For Tier 1 and Tier 2 facilities, DHS would also conduct unannounced inspections to evaluate compliance with requirements of the bill.  H.R. 2868 requires DHS to increase its number of chemical facility inspectors by at least 100 in Fiscal Years 2011 and 2012.  During inspections, DHS would be required to offer employees the opportunity to share information about the facility's compliance or non-compliance. 

Records:  The bill allows DHS to require the submission of, or access to, a chemical facility's records in order to review its security vulnerability assessment or site security plan.

Information Sharing:  H.R. 2868 requires DHS to provide information concerning a threat that is relevant to a specific chemical facility in a timely manner.  Likewise, facilities would be required to report any threat, significant security incident, or penetration of the facility's cyber or physical security to DHS.

Enforcement:  For owners or operators of facilities deemed to be in violation of the bill, H.R. 2868 allows the Secretary to issue a fine of $25,000 per day.  The Secretary may also issue an order to cease operations at the facility until compliance is achieved to the satisfaction of DHS.

Whistleblower Protections:  The bill directs DHS to establish a process for any person to report deficiencies or vulnerabilities at a chemical facility.  The identity of the person would be kept confidential and retaliation against whistleblowers would be prohibited.  Any employee who alleges retaliation occurred could seek review in district court.

Lack of Federal Preemption:  The bill allows any State or local government to issue a regulation, requirement, or standard or performance for chemical facility security that is more stringent than the federal statute.

Information Protection:  H.R. 2868 gives DHS authority to promulgate regulations and issue orders to prohibit the unauthorized disclosure of protected information.  DHS would provide standards for the appropriate sharing of protected information with federal, State, local, and tribal governments, law enforcement and first responders, and designated chemical facility personnel.  Any person who discloses protected information in knowing violation would be subject to criminal penalties and removal from federal office or employment.  The legislation defines protected information to include vulnerability assessments and site security plans and portions of other security-related documents, and records that would be detrimental to the security of covered chemical facilities if disclosed.  The bill does not prohibit the sharing of information with Members of Congress.

Methods to Reduce Consequences of an Attack:  The bill requires the owner or operator of a covered chemical facility to include in its site security plan an assessment of methods to reduce the consequences of a terrorist attack (more commonly referred to as "Inherently Safer Technologies."  The Director of a new Office of Chemical Facility Security could require a facility to implement methods to reduce consequences of a terrorist attack, if the director determines that certain conditions are met.  An owner or operator of a facility could provide a written appeal to DHS, within 120 days, explaining why it cannot comply with the determination.

Background Checks:  The bill requires DHS to issue regulations requiring chemical facilities to establish personnel background checks for individuals with access to restricted areas of the facility's critical assets.  The regulations would describe the appropriate scope and applications for security background checks.  If, as the result of a background check, a chemical facility finds that an individual is not legally authorized to work in the U.S., or meets certain criminal history disqualifiers, the owner or operator shall cease to employ the individual, subject to redress processes available to the individual.

Citizen "Enforcement" and Petitions:  The bill allows any person to bring a civil action in district court against any governmental entity allegedly in violation of the Act or against the Secretary for an alleged failure to perform any act or duty under the bill.

The bill also requires DHS to establish a petition process to receive, investigate, and respond to allegations of violations at covered facilities.  DHS would establish the parameters of the petition process and the procedures for the Inspector General's review of DHS' response to a petition.  DHS would be required to accept all petitions, investigate all allegations, determine whether an enforcement action is required, and respond to all accepted petitions in writing.

Drinking Water Security:  H.R. 2868 authorizes the EPA to regulate the security of community water systems serving more than 3,300 people, as well as other public water systems that EPA determines present a security risk.  The bill authorizes $315 million in Fiscal Year 2011 for grants to States and nonprofits to help develop security plans for covered public water systems.  $30 million of this total could be used for administrative costs incurred by the EPA or States, and $125 million could be used to implement methods to reduce the consequences of a chemical release from an intentional act at water systems.  The measure authorizes such sums that may be necessary in Fiscal Years 2012 through 2015.

The bill requires water systems to conduct a vulnerability assessment, develop and implement a site security plan, and develop an emergency response plan.  EPA would establish deadlines for these plans and for providing training to employees of water systems, and requires the EPA to consult with States exercising primary enforcement responsibility for public water systems and with DHS.  H.R. 2868 requires EPA to assign each water system to one of four risk-based tiers, with Tier 1 being highest-risk.  It requires the EPA to develop regulations to establish risk-based, performance-based standards and procedures for mandatory security vulnerability assessments and site security plans.  The bill allows each water system to select layered security measures that address the security risks identified in the vulnerability assessment and meet the risk-based performance standards.  

Under this bill, EPA would provide guidance, computer software, and other tools to water systems in Tier 3 and Tier 4 to streamline the process for other systems.  For a water system that is assigned to Tiers 1 and 2 that possesses a substance of concern, the State exercising primary enforcement for the system would be required to make determinations on methods to reduce consequences of a chemical release.  In States without primacy, the EPA would make such a determination.

The State with primacy could require a water system to implement methods to reduce consequences of a chemical release if it determines that certain conditions are met.  Such conditions include whether consequence-reduction methods would significantly reduce the consequences of a release of a substance, not increase the interim storage of a substance of concern by the water system, not put the water system out of compliance with the Safe Drinking Water Act, and remain feasible for the water system.

A water system that violates any requirement of this section would be liable for a civil penalty of up to $25,000 for each day after the violation occurs.

H.R. 2868 allows EPA to make grants to States, non-profit organizations, and water systems to assist them in implementing this section.  The bill also creates a new worker training grants program for training and education of employees with roles or responsibilities under the bill. 

Wastewater Treatment Works Security:  The bill establishes EPA as the lead agency for wastewater security.  It authorizes $1 billion over five years for EPA to make grants to States, municipalities, and other entities to conduct vulnerability assessments, providing security-related training to treatment works employees and emergency response providers, and install security improvements at publicly-owned wastewater treatment facilities.

The bill also requires treatment works with a capacity of at least 2.5 million gallons per day, or any facility deemed by the EPA to present a security risk, to conduct a vulnerability assessment, develop and implement a site security plan, and develop an emergency response plan for the treatment works.  H.R. 2868 requires EPA to assign each covered treatment works to one of at least four risk-based tiers, with Tier 1 being highest-risk.  It requires the EPA to develop regulations to establish risk-based, performance-based standards and procedures for mandatory security vulnerability assessments and site security plans.

The bill directs EPA to require the owner or operator of a covered treatment works that possesses a substance of concern to include in its site security plan an assessment of methods to reduce the consequences of a terrorist attack, including the elimination or reduction of such substances.  The assessment would include the potential impact of the method on the responsibilities of the treatment works under the Clean Water Act.  It would also provide for the mandatory implementation of a method to reduce the consequences of a terrorist attack for a treatment works that is assigned to the highest two risk-based tiers and possesses a substance of concern.

The bill requires the owner or operator of a treatment works to develop an emergency response plan that incorporates the results of the current vulnerability assessment and site security plan, and certify to the EPA when the plan has been completed.  

H.R. 3737 authorizes such sums as necessary to make $80 million in technical assistance grants and $110 million in direct loans in Fiscal Year 2010 and 2011 under the SBA Microloan program. This program provides short-term loans of up to $35,000 for working capital and the purchase of supplies, inventory, and equipment. The bill also increases loan limits for intermediary lenders to $1 million for the first year of participation and $7 million in the remaining years. H.R. 3737 expands the eligibility for intermediary lenders so that lenders with no experience making microloans would be eligible to participate if one of its employees has at least three years of experience. Finally, the bill creates a Young Entrepreneurs program in the SBA to assist the development of new businesses by young people who remain in their local area. Repayment on such loans would be deferred for six months.

H.R. 3743 amends the SBA disaster loan program to enable SBA to better respond to major disasters. Specifically, the bill authorizes such sums as necessary in Fiscal Years 2010 and 2011 to administer the program and increases the limit for disaster loans to $3 million (from $1.5 million) and increases the aggregate loan limit amount for a borrower to $3 million (from $2 million).

The bill further allows SBA to issue grants of up to $100,000 for small businesses affected by a disaster. Such sums as may be necessary are authorized for $100 million in such grants in each of Fiscal Years 2010 and 2011. H.R. 3743 authorizes $50 million in loan applicant assistance grants for each of Fiscal Years 2010 and 2011. These grants would go to women's business centers, small business development centers, Veteran Business Outreach Centers, and chambers of commerce in an area affected by a disaster.

H.R. 1838 authorizes $20 million in Fiscal Year 2010 and $22 million in Fiscal Year 2011 for women's business centers, 40 percent of which must be spent on new centers. These cost-share funds would be available to centers only if certain non-federal dollar requirements are met. The bill establishes performance standards for these women's business centers and each center must submit an annual financial and strategic plan to the SBA.

H.R. 1845 authorizes $150 million in Fiscal Year 2010 and $160 million in Fiscal Year 2011 for the Small Business Development Center (SBDC) program. Only fully accredited higher education institutions may receive new grants through the program.

The bill authorizes $2.5 million in each of the Fiscal Years 2010 and 2011 for a new grant program for SBDCs to develop programs which help local small firms in securing capital and repairing damaged credit. These grants would be for $300,000 each.

The bill authorizes $2.5 million in each of the Fiscal Years 2010 and 2011 to establish a procurement training program by which SBDCs work with local agencies to find contracts for local small businesses. The bill also authorizes $2.5 million in each of the Fiscal Years 2010 and 2011 for a new "green entrepreneurial development program" to educate businesses on energy efficiency, green technology, and clean technology.

Finally, H.R. 1845 authorizes $2.5 million in each of the Fiscal Years 2010 and 2011 for a statewide small business helpline in every State and territory to provide information to small business and dislocated workers interested in starting a business.

H.Con.Res. 209 would resolve that the House of Representatives:
• "Recognizes the 30th anniversary of the Iranian hostage crisis, during which 52 United States citizens were held hostage for 444 days;
• "Honors the sacrifice and service of the United States diplomats and military personnel held hostage and the servicemen who lost their lives and were wounded in a valiant attempt to free the United States hostages;
• "Expresses its support for all Iranian citizens who embrace the values of freedom, human rights, civil liberties, and rule of law; and
• Urges the Secretary of State to make every effort to assist United States citizens held hostage in Iran at any time during the period beginning on November 4, 1979, and ending on January 20, 1981, and their survivors in matters of compensation related to such citizens' detention."

H.Res. 893 would resolve that the House of Representatives "congratulates the 2009 Major League Baseball World Series Champions, the New York Yankees, for an outstanding season and a record 27th World Series Championship win; and the players, coaches, staff and leadership of the Yankees organization for their great success."

H.Res. 877 would resolve that the House of Representatives:
• "Expresses its support for Huang Qi and Tan Zuoren for engaging in peaceful expression as they seek answers and justice for the parents whose children were killed in the Sichuan earthquake of May 12, 2008; and
• "Calls on the Government of the People's Republic of China to-
o "Provide Huang Qi and Tan Zuoren with the rights that all Chinese citizens have under article 35 and article 41 of China's Constitution, namely freedom of speech and association and the right to make suggestions to officials free from suppression and retaliation;
o "Ensure that Huang Qi and Tan Zuoren are afforded the rights guaranteed to all defendants under the Criminal Procedure Law of the People's Republic of China; and
o "Implement its own National Human Rights Action Plan by allowing parents, concerned citizens, and the news media to conduct their own investigations into the role inferior construction and corruption may have played in the collapse of school buildings during the Sichuan earthquake, free from government harassment and official interference, and by ensuring that citizens have full access to effective legal remedies for their grievances."

H.Res. 892 would resolve that the House of Representatives:
• "Recognizes the events of 1989 that helped lead to the end of the Cold War;
• "Congratulates the countries of Central and Eastern Europe who have made great progress in the past 20 years and emerged as strong, vibrant democracies;
• "Expresses strong support and friendship for the countries of Central and Eastern Europe, and reaffirms its commitment to the solemn obligations set forth in article 5 of the North Atlantic Treaty;
• "Welcomes the commitment by the European Union (EU) and the North Atlantic Treaty Organization (NATO) to keep the door to membership open for all European countries which meet the conditions for accession; and
• "Supports the continued efforts to create a Europe whole, free and at peace."

H.Res. 833 would resolve that the House of Representatives:
• "Commemorates the 60th anniversary of the close relationship between the United States and the Hashemite Kingdom of Jordan;
• "Expresses its profound admiration and gratitude for the friendship of the Jordanian people;
• Congratulates His Majesty King Abdullah II on 10 years of enlightened and progressive rule; and
• "Shares the hope of His Majesty King Abdullah II and the Jordanian people for a more peaceful Middle East."

H.Res. 700 would resolve that the House of Representatives:
• "Supports the designation of National School Psychology Week;
• "Honors and recognizes the contributions of school psychologists to the success of students in schools across the United States; and
• "Encourages the people of the United States to observe the week with appropriate ceremonies and activities that promote awareness of the vital role school psychologists play in schools, in the community, and in helping students develop into successful and productive members of society."

H.Res. XXX would "resolve that the House of Representatives honors the lives of the brave soldiers and civilians of the United States Army who died or were wounded in the tragic attack of November 5, 2009, at Fort Hood, Texas. The American people share the pain and grief of this tragic loss. Our thoughts and prayers will continue to be with the families of those who were so unfortunately taken from them."

H.Res. XXX provides for the passage of H.R. 1299 and S. 1023 (see below).  Both of these bills have been passed by the House previously.  In the case of S. 1023, the bill was passed attached to H.R. 1035, which passed the House on October 7, 2009.

H.R. 3276 would authorize funding to support projects to produce molybdenum-99, a radioactive isotope used in certain medical procedures.

Specifically, the bill authorizes $163 million in Fiscal Years 2011 through 2014 for the Department of Energy to establish a program to evaluate and support projects for production in the U.S., without the use of highly enriched uranium, of significant quantities of molybdenum-99 for medical uses. The legislation also directs the Department to make low enriched uranium (LEU) available through lease contracts to producers of molybdenum-99. The contracts would allow the Department to retain financial responsibility for radioactive waste generated by the irradiation, processing, or purification of LEU.

H.R. 1849 designate the Liberty Memorial at the National World War I Museum in Kansas City, Missouri, as the National World War I Memorial. The bill also establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I; (2) encourage private organizations and state and local governments to organize and participate in such activities; (3) facilitate and coordinate such activities throughout the United States; and (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans.

The bill determines that the purpose of the Commission is to ensure a suitable observance of the centennial of World War I that promotes the values of honor, courage, patriotism, and sacrifice, in keeping with the representation of these values through the four Guardian Spirits sculpted on the Liberty Memorial Monument at America's National World War I Museum.

H.R. 2868 amends the authority of the Department of Homeland Security (DHS) and the Environmental Protection Agency (EPA) to protect against acts of terrorism against chemical facilities, wastewater treatment works, and drinking water systems.  The bill also makes DHS' Chemical Facility Anti-Terrorism Standards permanent (see Background section below).

The bill authorizes a total of $900 million over three years for chemical security, including $325 million in Fiscal Year 2011, of which $100 million would be available for methods to reduce the consequences of a terrorist attack, $300 million in Fiscal Year 2012, of which $75 million would be available for methods to reduce the consequences of a terrorist attack, and $275 million in Fiscal Year 2013, of which $50 million would be available for methods to reduce the consequences of a terrorist attack.  

Risk-Based Designation and Ranking of Chemical Facilities:  H.R. 2868 authorizes DHS to designate any chemical substance as a "substance of concern" and establish threshold quantities for each such chemical that is used, stored, manufactured, processed, or distributed by a chemical facility.  Considerations would include the potential for death, serious adverse effects to human health, the environment, critical infrastructure, national security, or the national economy from a terrorist incident.

The bill requires DHS to maintain a list of facilities that have more than a threshold quantity of a "substance of concern" and pose a security risk based on criteria such as the potential threat or likelihood of a terrorist attack at the facility, the potential harm from a terrorist incident, and the proximity of the facility to large population centers.  DHS could require a facility to submit information regarding the facility's substances of concern to determine whether it would be covered under the list. 

H.R. 2868 also requires DHS to assign each covered facility to one of at least four risk-based tiers, with Tier 1 being the highest-risk.  DHS would periodically review the list of substances of concern and the threshold quantities, and could at any time add, remove, or change the tier assignment for each facility.  DHS would be responsible for providing covered facilities with relevant information about probable threats.

Security Vulnerability Assessments & Site Security Plans:  H.R. 2868 requires DHS to establish risk-based, performance-based standards, and procedures for mandatory security vulnerability assessments and site security plans, and to set deadlines by tier for completion.  DHS would approve or disapprove the assessments and security plans within 180 days of receipt.  The bill directs facilities to review and resubmit their security vulnerability assessments and site security plans every five years.  Facilities would have to notify DHS if they change their use or storage of a substance of concern or modify operations.

Site Inspections:   The bill allows DHS a right of entry at reasonable times to chemical facilities to conduct security verifications and inspections.  For Tier 1 and Tier 2 facilities, DHS would also conduct unannounced inspections to evaluate compliance with requirements of the bill.  H.R. 2868 requires DHS to increase its number of chemical facility inspectors by at least 100 in Fiscal Years 2011 and 2012.  During inspections, DHS would be required to offer employees the opportunity to share information about the facility's compliance or non-compliance. 

Records:  The bill allows DHS to require the submission of, or access to, a chemical facility's records in order to review its security vulnerability assessment or site security plan.

Information Sharing:  H.R. 2868 requires DHS to provide information concerning a threat that is relevant to a specific chemical facility in a timely manner.  Likewise, facilities would be required to report any threat, significant security incident, or penetration of the facility's cyber or physical security to DHS.

Enforcement:  For owners or operators of facilities deemed to be in violation of the bill, H.R. 2868 allows the Secretary to issue a fine of $25,000 per day.  The Secretary may also issue an order to cease operations at the facility until compliance is achieved to the satisfaction of DHS.

Whistleblower Protections:  The bill directs DHS to establish a process for any person to report deficiencies or vulnerabilities at a chemical facility.  The identity of the person would be kept confidential and retaliation against whistleblowers would be prohibited.  Any employee who alleges retaliation occurred could seek review in district court.

Lack of Federal Preemption:  The bill allows any State or local government to issue a regulation, requirement, or standard or performance for chemical facility security that is more stringent than the federal statute.

Information Protection:  H.R. 2868 gives DHS authority to promulgate regulations and issue orders to prohibit the unauthorized disclosure of protected information.  DHS would provide standards for the appropriate sharing of protected information with federal, State, local, and tribal governments, law enforcement and first responders, and designated chemical facility personnel.  Any person who discloses protected information in knowing violation would be subject to criminal penalties and removal from federal office or employment.  The legislation defines protected information to include vulnerability assessments and site security plans and portions of other security-related documents, and records that would be detrimental to the security of covered chemical facilities if disclosed.  The bill does not prohibit the sharing of information with Members of Congress.

Methods to Reduce Consequences of an Attack:  The bill requires the owner or operator of a covered chemical facility to include in its site security plan an assessment of methods to reduce the consequences of a terrorist attack (more commonly referred to as "Inherently Safer Technologies."  The Director of a new Office of Chemical Facility Security could require a facility to implement methods to reduce consequences of a terrorist attack, if the director determines that certain conditions are met.  An owner or operator of a facility could provide a written appeal to DHS, within 120 days, explaining why it cannot comply with the determination.

Background Checks:  The bill requires DHS to issue regulations requiring chemical facilities to establish personnel background checks for individuals with access to restricted areas of the facility's critical assets.  The regulations would describe the appropriate scope and applications for security background checks.  If, as the result of a background check, a chemical facility finds that an individual is not legally authorized to work in the U.S., or meets certain criminal history disqualifiers, the owner or operator shall cease to employ the individual, subject to redress processes available to the individual.

Citizen "Enforcement" and Petitions:  The bill allows any person to bring a civil action in district court against any governmental entity allegedly in violation of the Act or against the Secretary for an alleged failure to perform any act or duty under the bill.

The bill also requires DHS to establish a petition process to receive, investigate, and respond to allegations of violations at covered facilities.  DHS would establish the parameters of the petition process and the procedures for the Inspector General's review of DHS' response to a petition.  DHS would be required to accept all petitions, investigate all allegations, determine whether an enforcement action is required, and respond to all accepted petitions in writing.

Drinking Water Security:  H.R. 2868 authorizes the EPA to regulate the security of community water systems serving more than 3,300 people, as well as other public water systems that EPA determines present a security risk.  The bill authorizes $315 million in Fiscal Year 2011 for grants to States and nonprofits to help develop security plans for covered public water systems.  $30 million of this total could be used for administrative costs incurred by the EPA or States, and $125 million could be used to implement methods to reduce the consequences of a chemical release from an intentional act at water systems.  The measure authorizes such sums that may be necessary in Fiscal Years 2012 through 2015.

The bill requires water systems to conduct a vulnerability assessment, develop and implement a site security plan, and develop an emergency response plan.  EPA would establish deadlines for these plans and for providing training to employees of water systems, and requires the EPA to consult with States exercising primary enforcement responsibility for public water systems and with DHS.  H.R. 2868 requires EPA to assign each water system to one of four risk-based tiers, with Tier 1 being highest-risk.  It requires the EPA to develop regulations to establish risk-based, performance-based standards and procedures for mandatory security vulnerability assessments and site security plans.  The bill allows each water system to select layered security measures that address the security risks identified in the vulnerability assessment and meet the risk-based performance standards.  

Under this bill, EPA would provide guidance, computer software, and other tools to water systems in Tier 3 and Tier 4 to streamline the process for other systems.  For a water system that is assigned to Tiers 1 and 2 that possesses a substance of concern, the State exercising primary enforcement for the system would be required to make determinations on methods to reduce consequences of a chemical release.  In States without primacy, the EPA would make such a determination.

The State with primacy could require a water system to implement methods to reduce consequences of a chemical release if it determines that certain conditions are met.  Such conditions include whether consequence-reduction methods would significantly reduce the consequences of a release of a substance, not increase the interim storage of a substance of concern by the water system, not put the water system out of compliance with the Safe Drinking Water Act, and remain feasible for the water system.

A water system that violates any requirement of this section would be liable for a civil penalty of up to $25,000 for each day after the violation occurs.

H.R. 2868 allows EPA to make grants to States, non-profit organizations, and water systems to assist them in implementing this section.  The bill also creates a new worker training grants program for training and education of employees with roles or responsibilities under the bill. 

Wastewater Treatment Works Security:  The bill establishes EPA as the lead agency for wastewater security.  It authorizes $1 billion over five years for EPA to make grants to States, municipalities, and other entities to conduct vulnerability assessments, providing security-related training to treatment works employees and emergency response providers, and install security improvements at publicly-owned wastewater treatment facilities.

The bill also requires treatment works with a capacity of at least 2.5 million gallons per day, or any facility deemed by the EPA to present a security risk, to conduct a vulnerability assessment, develop and implement a site security plan, and develop an emergency response plan for the treatment works.  H.R. 2868 requires EPA to assign each covered treatment works to one of at least four risk-based tiers, with Tier 1 being highest-risk.  It requires the EPA to develop regulations to establish risk-based, performance-based standards and procedures for mandatory security vulnerability assessments and site security plans.

The bill directs EPA to require the owner or operator of a covered treatment works that possesses a substance of concern to include in its site security plan an assessment of methods to reduce the consequences of a terrorist attack, including the elimination or reduction of such substances.  The assessment would include the potential impact of the method on the responsibilities of the treatment works under the Clean Water Act.  It would also provide for the mandatory implementation of a method to reduce the consequences of a terrorist attack for a treatment works that is assigned to the highest two risk-based tiers and possesses a substance of concern.

The bill requires the owner or operator of a treatment works to develop an emergency response plan that incorporates the results of the current vulnerability assessment and site security plan, and certify to the EPA when the plan has been completed.  

H.R. 3788 would designate the facility of the United States Postal Service located at 3900 Darrow Road in Stow, Ohio, as the "Corporal Joseph A. Tomci Post Office Building."

S. 1211 would designate the facility of the United States Postal Service located at 60 School Street, Orchard Park, New York, as the "Jack F. Kemp Post Office Building."

S. 748 would redesignate the facility of the United States Postal Service located at 2777 Logan Avenue in San Diego, California, as the "Cesar E. Chavez Post Office".

H.R. 3548 extends Unemployment Insurance (UI) benefits for an additional 14 weeks for all States and provides an additional six week extension for States with total unemployment rates above 8.5 percent, giving those States a total of 20 additional weeks.  The bill would also extend an existing 0.2 percent Federal Unemployment Tax Act (FUTA) surtax through the first six months of calendar year 2011 to fund the UI extension.  H.R. 3548 would also extend and modify the first-time homebuyer tax credit at a cost of $10.8 billion over ten years and increase the carryback period of net operating losses (NOL) for all businesses at a cost of $10.4 billion, paid for mainly by a $20.1 billion delay in implementation of worldwide interest allocation.  A full summary of the legislation can be found below:

Unemployment Extension:  The bill provides an additional 14 weeks of UI benefits for all States and an additional 6 weeks of UI for states over 8.5 percent unemployment. This means that in high unemployment states, individuals could receive up to roughly 86 weeks of federal unemployment benefits.  A summary of the details of the extension follows below: 

•  Amends the American Recovery and Reinvestment Act ("stimulus") to clarify that the additional $25 per week in UI benefits should not affect eligibility for the purposes of Supplemental Nutrition Assistance Program (food stamps) benefits.

•  Amends the "stimulus" to add domestic violence and sexual assault to the list of compelling family reasons which cause an individual to believe continued employment would jeopardize their safety.

•  Extends the 0.2 percent federal unemployment surtax for 18 additional months.  The surtax currently expires at the end of December, 2009.

•  Extends the eligibility window to qualify for extended benefits under the Railroad Unemployment Insurance Act for up to one additional year, to December 31, 2010. 

•  Provides $175 million for the extended benefits and $807,000 for administrative costs for the Railroad Unemployment Insurance Act.  

Homebuyer Tax Credit:   H.R. 3548 extends the $8,000 tax credit for first-time homebuyers for five months, from November 30, 2009 to May 1, 2010.  In addition, the bill provides a $6,500 tax credit for homebuyers that are not first time buyers, but have owned a primary residence at least five consecutive years in the last eight years.  According to the Joint Committee on Taxation (JTC), the provision will reduce revenus by $10.8 billion over ten years.

The bill would cap the eligibility for the credit on homes that cost $800,000 or more and raises the current income limit from $75,000, or $150,000 in the case of a joint return, to $125,000 or $225,000.  H.R. 3548 waives provisions to recapture the credit for military, intelligence, and Foreign Service personnel who are on qualified official duty and extends the tax credit for an additional year for those on qualified extended duty overseas for 90 days or more since 2008.

Five-Year Carryback of Net Operating Losses:  H.R. 3548 extends the net operating loss (NOL) carryback period from two years to five years for 2008 or 2009 for all firms.  A NOL is defined as the amount by which a company or taxpayer's business deductions are greater than its gross income in a given year.   Under the legislation, NOLs that are carried back by businesses  to the fifth taxable year would be limited to 50 percent of the taxpayer's taxable income and TARP recipients would excluded from the provision.  According to JCT, the provision would reduce revenues by $10.4 billion over ten years.   The "stimulus" provided a five year NOL carry back provision for businesses with receipts less than $15 million.  H.R. 3548 would provide the same carry back for all firms.

Delay of Worldwide Interest Allocation:  The bill delays the application of worldwide interest allocation provisions, first enacted into law but never implemented in 2004, through 2018.  The change, if not delayed, would allow certain U.S.-based multinational firms with interest expenses to change the way such expenses were apportioned between domestic and foreign source income for purposes of computing their foreign tax credit to more accurately reflect how firms account for interest expenses.  Delaying the change would require theses firms to continue to pay higher U.S. taxes.  Some Members may be concerned that, in addition to increasing taxes on businesses during a recession, further extension of these provisions would create undue uncertainty for many firms in an uncertain enough economic climate.  This implementation date was already delayed by two years in 2008.  According to the JCT, this provision, which is being used as an offset, would raise revenues by $20.1 billion over ten years.

Exclusion of Income for Base Realignment and Closure:  Expands the amount that military personnel who lose home value because of a military base closure are allowed to exclude from gross income for tax purposes at a cost of $243 million over ten years.

Failure to File Partnership Return:  Increases the penalty for failure to file a partnership or S corporation return by $106, from $89 to $195.  According to the JCT, this provision increases revenues by $642 million over ten years.

Electronic Filing Requirement:  Requires tax return preparers who file ten or more returns for others in a year to electronically file clients' tax returns.  According to the JCT, this provision has a "negligible revenue effect."

Corporate Estimated Payments:  Raises the estimated quarterly tax payments for certain corporations by 33 percentage points, from 0.25 percent to 33.25 percent, in 2014 and reduces the tax by the same amount in 2015.   This would impose a prepayment burden on certain corporations by requiring payments to be made in 2014 and relieved in 2015.  This provision, which raises $18.3 billion in the first five years and costs the same in the second five years, is included to satisfy Pay-As-You-Go (PAYGO) requirements.  According to the JCT, the provision is revenue neutral over ten years.  However, since the bill is being considered under a suspension of the rules, PAYGO compliance is not required. 

H.Res. 752 would express the sense that the House of Representatives:

•  "Honors the 259 miners lost in the tragedy known as the Great Cherry Mine Disaster on its 100th anniversary;

•  "Supports the important safety measures that were enacted as a resulted of this terrible incident and others around the country like it; and

•  "Recognizes the important role organized labor has played in protecting the physical and economic security of workers in the United States."

H.Res. 868 would resolve that the House of Representatives:
• "Honors and recognizes the service and achievements of current and former female members of the Armed Forces;
• "Encourages all people in the United States to recognize the service and achievements of women in the military and female veterans on Memorial Day;
• "Encourages all people in the United States to learn about the history of service and achievements of women in the military; and
• "Supports groups that raise awareness about the service and achievements of women in the military and female veterans through exhibitions, museums, statues, and other programs and activities."

H.Res. 878 would express the sense that House of Representatives:

•  "Supports the goals and ideals of National Family Literacy Day; and

•  "Recognizes the benefits of parental involvement in a child's education."

H.Con.Res. 139 would resolve that the House of Representatives:
• "Congratulates the 207 graduates (157 surviving as of April 2009) of the first United States Air Force Academy class on the 50th anniversary of their graduation;
• "Acknowledges the continued excellence of the United States Air Force Academy and its critical role in the defense of the United States; and
• "Recognizes the outstanding service to the Nation that graduates from the United States Air Force Academy have provided."

H.Res. 856 would resolve that the House of Representatives:
• "Recognizes the commissioning of the USS New York LPD 21;
• "Congratulates the captain and commissioning crew of the USS New York LPD 21 on the occasion of their vessel entering into the service of the United States Navy;
• "Recognizes the sacrifices made by the men and women in uniform who put themselves in harm's way in order to protect and defend the United States;
• "Honors those who lost their lives at the World Trade Center, the Pentagon, and Shanksville, Pennsylvania, on September 11, 2001; and
• "Recommits itself to the counter-terrorism mission of the USS New York LPD 21 and all the members of the United States Armed Forces."

H.Res. 880 would resolve that the House of Representatives:
• "Recognizes the efforts of career and technical colleges to educate and train workers for positions in high-demand industries; and
• "Supports the connection career and technical colleges provide between employers and students."

H.R. 3639 would accelerate the implementation dates of the Credit Card Accountability Responsibility and Disclosure Act of 2009, moving the nine-month (February 20, 2010) and 15-month (August 22, 2010) implementation dates up to December 1, 2009. The February rulemaking addresses the majority of the provisions in the Credit CARD Act, including the limitations on rate increases for existing balances, the requirement that creditors consider a consumer's ability to make the required payment before opening a credit card account or increasing a credit limit, the provisions addressing extensions of credits to consumers who are under 21, the limitations on the assessment of fees for exceeding the credit limit, the requirement that payments above the minimum generally be allocated first to that balance with the highest rate, and the prohibitions on double-cycle billing and on charging interest on amount paid prior to the expiration of the grace period. The August provisions address fees and disclosures for gift cards and other prepaid cards, the amount of credit card penalty fees, and the requirement that creditors re-evaluate past credit card rate increases every six months.

H.R. 3276 would authorize funding to support projects to produce molybdenum-99, a radioactive isotope used in certain medical procedures.

Specifically, the bill authorizes $163 million in Fiscal Years 2011 through 2014 for the Department of Energy to establish a program to evaluate and support projects for production in the U.S., without the use of highly enriched uranium, of significant quantities of molybdenum-99 for medical uses. The legislation also directs the Department to make low enriched uranium (LEU) available through lease contracts to producers of molybdenum-99. The contracts would allow the Department to retain financial responsibility for radioactive waste generated by the irradiation, processing, or purification of LEU.

H.Res. 839 resolves that the House of Representatives:

•  "Calls on people of Madagascar to immediately undertake a democratic, consensual process to restore constitutional governance, culminating in free, fair and peaceful elections;

•  "Strongly condemns the illegal extraction of Madagascar's natural resources and its impact on biodiversity and livelihoods of rural communities, including illegal logging, smuggling of wild species, and illegal mining;

•  "Supports action by competent authorities and the people of Madagascar to stop this illegal devastation and bring those perpetrating these crimes to justice;

•  "Calls upon importing countries to intensify their inspection and monitoring processes to ensure that they do not contribute to the demand for illegally sourced precious woods from Madagascar; and

•  "Calls upon consumers of rosewood and ebony products to check their origin, and boycott those made of Malagasy wood, until constitutional order is restored."

H.R. 2136 directs the Secretary of Education to make competitive grants to private or public colleges or universities, fraternities, or sororities for installing fire sprinkler systems, or other fire suppression or prevention technologies, in student housing. These grants may cover up to half the cost of installing such systems. Priority will be given to applicants with the greatest financial need. The bill reserves at least 10 percent of total funding for historically Black colleges and universities, Hispanic-serving institutions, tribally controlled colleges and universities, Alaska Native and Native Hawaiian-serving institutions, and institutions of higher education that are eligible for Institutional Aid under the Higher Education Act of 1965; and at least 10 percent for social fraternities and sororities.

The Secretary must report to Congress within one year of enactment on the grant program. The bill authorizes such sums as necessary for fiscal years 2010-2012.

This legislation states that applications or negative determinations under this Act may not be admissible as evidence in the proceeding of any court.

H.Res. 867 resolves that the House of Representatives:

•  "Considers the ‘Report of the United Nations Fact Finding Mission on the Gaza Conflict' to be irredeemably biased and unworthy of further consideration or legitimacy;

•  "Supports the Administration's efforts to combat anti-Israel bias at the United Nations, its characterization of the ‘Report of the United Nations Fact Finding Mission on the Gaza Conflict' as ‘unbalanced, one-sided and basically unacceptable', and its opposition to the resolution on the report;

•  "Calls on the President and the Secretary of State to continue to strongly and unequivocally oppose any endorsement of the ‘Report of the United Nations Fact Finding Mission on the Gaza Conflict' in multilateral fora;

•  "Calls on the President and the Secretary of State to strongly and unequivocally oppose any further consideration of the ‘Report of the United Nations Fact Finding Mission on the Gaza Conflict' and any other measures stemming from this report in multilateral fora; and

•  "Reaffirms its support for the democratic, Jewish State of Israel, for Israel's security and right to self-defense, and, specifically, for Israel's right to defend its citizens from violent militant groups and their state sponsors."

H.Res. 641 would express the sense that the House of Representatives:

•  "Recognizes the 60th anniversary of the founding of Radio Free Europe/Radio Liberty (RFE/RL) and honors its contribution to promoting freedom and liberty around the world; and

•  "Commends the employees and reporters of RFE/RL for their commitment to provide fair and unbiased news to people living under oppressive regimes."

H.Res. 752 would express the sense that the House of Representatives:

•  "Honors the 259 miners lost in the tragedy known as the Great Cherry Mine Disaster on its 100th anniversary;

•  "Supports the important safety measures that were enacted as a resulted of this terrible incident and others around the country like it; and

•  "Recognizes the important role organized labor has played in protecting the physical and economic security of workers in the United States."

H.Res. 868 would resolve that the House of Representatives:
• "Honors and recognizes the service and achievements of current and former female members of the Armed Forces;
• "Encourages all people in the United States to recognize the service and achievements of women in the military and female veterans on Memorial Day;
• "Encourages all people in the United States to learn about the history of service and achievements of women in the military; and
• "Supports groups that raise awareness about the service and achievements of women in the military and female veterans through exhibitions, museums, statues, and other programs and activities."

H.Res. 878 would express the sense that House of Representatives:

•  "Supports the goals and ideals of National Family Literacy Day; and

•  "Recognizes the benefits of parental involvement in a child's education."

H.Con.Res. 139 would resolve that the House of Representatives:
• "Congratulates the 207 graduates (157 surviving as of April 2009) of the first United States Air Force Academy class on the 50th anniversary of their graduation;
• "Acknowledges the continued excellence of the United States Air Force Academy and its critical role in the defense of the United States; and
• "Recognizes the outstanding service to the Nation that graduates from the United States Air Force Academy have provided."

H.Res. 711 would express the sense that the House of Representatives:

•  "Urges the Sri Lankan Government to guarantee the safety and speedy release of internally displaced persons (IDPs) in camps and to ensure the rights and privileges of these refugees in the reestablishment of their homes and properties;

•  "Calls on the Sri Lankan Government to turn the operation of the camps over to civilian authorities and allow the day to day presence of international government agencies, the International Committee of the Red Cross, and independent nongovernmental organizations to assist in the care of the IDPs;

•  "Calls on the Sri Lankan Government to allow an independent group to assess the accuracy of the allegations of large numbers of deaths, diseases, and sicknesses due to poor sanitation and inappropriate healthcare in the camps containing the IDPs and to prepare a plan of action to resolve the problems;

•  "Request the Sri Lankan Government to establish reasonable conditions to allow foreign agencies access to the IDPs and to ensure the rebuilding process of war torn areas in Sri Lanka; and

•  "Urges the Tamil people to continue to be patient while the government reestablishes normalcy and urges the Sri Lankan Government to move forward in creating political reforms that will resolve the political concerns of the Tamil people."

H.Res. 856 would resolve that the House of Representatives:
• "Recognizes the commissioning of the USS New York LPD 21;
• "Congratulates the captain and commissioning crew of the USS New York LPD 21 on the occasion of their vessel entering into the service of the United States Navy;
• "Recognizes the sacrifices made by the men and women in uniform who put themselves in harm's way in order to protect and defend the United States;
• "Honors those who lost their lives at the World Trade Center, the Pentagon, and Shanksville, Pennsylvania, on September 11, 2001; and
• "Recommits itself to the counter-terrorism mission of the USS New York LPD 21 and all the members of the United States Armed Forces."

H.Res. 880 would resolve that the House of Representatives:
• "Recognizes the efforts of career and technical colleges to educate and train workers for positions in high-demand industries; and
• "Supports the connection career and technical colleges provide between employers and students."

H.Res. 858 would resolve that the House of Representatives:
• "Congratulates the Inter-American Foundation (IAF) on its 40th anniversary;
• "Recognizes that the IAF has demonstrated that its grassroots model for United States foreign assistance is effective; and
• "Declares that the IAF is a vital component of United States foreign policy in the Americas and of the United States development agenda."

H.Con.Res. 863 would resolve that the House of Representatives:
• "Affirms its commitment to international child survival and development programs that prioritize protection, prevention, and treatment against pneumonia;
• "Salutes the health professionals and community health workers on the front lines in the world's poorest countries who are extending preventative care and treatment to children most at-risk of contracting pneumonia;
• "Reaffirms the United States commitment to reaching the Millennium Development Goals, particularly for reducing child mortality; and
• "Recognizes World Pneumonia Day."

H.R. 1849 designate the Liberty Memorial at the National World War I Museum in Kansas City, Missouri, as the National World War I Memorial. The bill also establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I; (2) encourage private organizations and state and local governments to organize and participate in such activities; (3) facilitate and coordinate such activities throughout the United States; and (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans.

The bill determines that the purpose of the Commission is to ensure a suitable observance of the centennial of World War I that promotes the values of honor, courage, patriotism, and sacrifice, in keeping with the representation of these values through the four Guardian Spirits sculpted on the Liberty Memorial Monument at America's National World War I Museum.

H.R. 174 would require the Secretary of Veterans' Affairs (VA) to establish a new national cemetery in El Paso County, Colorado, to serve 28 counties in southern Colorado. The Secretary would be required to consult with local and federal officials to determine the location that would be most suitable to establish the cemetery. The bill would require the Secretary to issue a report on the establishment of the cemetery and its cost. Finally, the Secretary would be authorized to accept gifts of real property for the establishment of a national cemetery.

S. 509 authorizes the Secretary of Veterans Affairs to carry out a major medical facility project for the construction of a new multiple specialty outpatient facility, campus renovation and upgrades, and additional parking at the Department of Veterans Affairs Medical Center in Walla Walla, Washington. The project cost could not exceed $71.4 million, and the bill would authorize the appropriation of that sum for the project.

H.R. 3157 would designate the Department of Veterans Affairs outpatient clinic in Alexandria, Minnesota, as the "Max J. Beilke Department of Veterans Affairs Outpatient Clinic."

H.Res. 828 would resolve that the House of Representatives recognizes Louisiana HonorAir for its 20 chartered flights of World War II veterans to Washington, DC, to visit the National World War II Memorial, honors the invaluable service and dedication of the World War II veterans to our Nation, and supports the designation of a "Louisiana HonorAir Day".

H.Res. 866 would resolve that the House of Representatives:
• "Recognizes `National Veterans Awareness Week';
• "Supports the designation of a `National Veterans History Project Week';
• "Calls on the people of the United States to interview at least one veteran in their families or communities according to guidelines provided by the Veterans History Project; and
• "Encourages local, State, and national organizations along with Federal, State, city and county governmental institutions to participate in support of the effort to document, preserve, and honor the service of American wartime veterans."

H.Res. 291 would resolve that the House of Representatives:
• "Acknowledges the importance of assistance dogs in helping combat-wounded veterans live happier and more independent lives;
• "Applauds the outstanding work of The Tower of Hope and its dedication to training and providing assistance dogs to wounded veterans, as well as educating people about the benefits of such animals;
• "Expresses deep gratitude and support to volunteers and donors who have made this great program possible by generously offering time and funds;
• "Encourages the general public to support wounded veterans by volunteering or donating to help train assistance dogs;
• "Calls for a vigorous promotion of, and advocacy for, the benefits of assistance animals for physicians and the general public; and
• "Supports the goals and ideals of creating a Tower of Hope Day in honor of wounded American veterans and their service dogs, the work of The Tower of Hope, and the many generous donors."