Veterans, Veterans, Veterans...

A bevy of veterans' bills has been proposed recently, most likely because of the startling revelations regarding the amount of claims in the VA backlog. According to the Washington Post, the "number of disability claims pending with the Department of Veterans Affairs is nearly 900,000, with more than 600,000 in the system for more than 125 days."

Rep. McLeod (D., CA) has proposed the VA Claims Efficiency Through Information Act of 2013; Rep. Maloney (D., NY) has introduced the Disabled Veterans Red Tape Reduction Act; Rep. Griffen (R., AR) has introduced the Veteran's I.D. Card Act; Rep. Miller (R., FL) has proposed the Veterans' Privacy Act; and Rep. Hastings (D., FL) has introduced the Veterans Pensions Protection Act of 2013. 

Watch Out Balloon Lovers!

Rep. Doc Hastings (R., WA) has introduced the Responsible Helium Administration and Stewardship Act, which, among other things, seeks to bring more competition to the sale of helium located in the Federal Helium Reserve to businesses, researchers and manufacturing firms. 

A summary of the bill is located after the jump. 

Laura's Law Gets CA Senate Push

California's Senate Health Committee has passed SB 664, also known as Laura's Law, which would make it easier for counties to implement Assisted Outpatient Treatment (AOT) orders for potentially dangerous mentally ill patients.

A press release from Senator Yee, who sponsored the legislation, notes that "Laura’s Law is named for Laura Wilcox, a 19-year old high school valedictorian who was shot to death at a Nevada County mental health clinic in 2001 by a man suffering from paranoid schizophrenia who consistently refused treatment."

A portion of the press release is below the jump.

Helping or Hurting Sick Americans?

Rep. Joseph Pitts (R., PA) has introduced the Helping Sick Americans Now Act, which would take allocated funds from the Prevention and Public Health Fund set up by the Patient Protection and Affordable Care Act and transfer it to the preexisting condition funding pool. Specifically, the bill would transfer any unobligated FY2013 money and all funds available for FY2014-FY2016, thus defunding the Prevention and Public Health Fund. 

Unsurprisingly, the Obama administration is against the legislation, threatening a veto and noting that the Fund "supports critical investments such as tobacco use reduction, and programs to reduce health-care-associated infections and the national burden of chronic disease, as well as helping to ensure Americans have access to affordable coverage for preventive benefits. By concentrating on the causes of chronic disease, the Fund helps more Americans stay healthy."

An official statement of Administration policy on H.R. 1549 is below the jump. 

CISPA Passes House

The controversial Cyber Intelligence Sharing and Protection Act (CISPA) has passed the House of Representatives. This comes in the face of a veto threat from President Obama, who stated that the bill does not sufficiently protect civil liberties. 

Partial Huffington Post article on the bill below the jump: 

CIDER for Everyone!

Last month Sen. Charles Schumer (D., NY) released a plan to let the abundant number of cider producers in NY reduce taxes on their beverages and allow them compete with larger markets. Because some ciders in the state produce a higher alcohol content depending on the sugar levels of the apples, they are classified as wine and thus taxed at a higher rate. The Cider, Investment & Development through Excise Tax Reduction (CIDER) Act would amend the Internal Revenue Code definition, thus allowing the outlier products to be labeled and taxed as hard cider. 

Partial press release is below. 

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SCHUMER LAUNCHES PLAN TO CREATE BOON FOR NY APPLE PRODUCERS; NEW DEFINITION OF HARD APPLE CIDER WILL LOWER TAXES ON PRODUCT, IMPROVE ABILITY TO COMPETE IN FOREIGN MARKETS, INCREASE FARMERS’ SALES

Schumer Plan – the CIDER Act – Updates Definition of Hard Cider to Ensure All Products Can Be Labeled & Taxed Like Hard Cider, Not Wine -- Allows Producers that Often Suffer from Frost & Bad Weather to Add New Stable Source of Income

NY Has 654 Growers & Already Over 20 Hard Cider Producers, Like Slyboro Cider House – Proposal Would Boost Business for Existing Producers, Help New Growers Add Highly Popular Hard Cider to Product Line, Improve Ability to Compete

Schumer: NY Should Be at the Core of Hard Cider Production

Today, at the Slyboro Cider House in Granville, U.S. Senator Charles E. Schumer unveiled a new plan to boost the sales for New York’s over 20 existing hard apple cider producers and to allow the over 650 apple growers to expand their business and add this increasingly popular craft beverage to their product line. Schumer highlighted that the Capital Region boasts 3,648 acres of apple orchards that are primed to expand and produce more hard cider. Schumer explained that the alcohol content of New York’s hard cider fluctuates greatly due to sugar content, and current law often forces it to be taxed at a higher rate, preventing it from being labeled as hard cider. Compliance adds a significant financial burden to producers and consumers, and an unpredictable nature to the business, which makes it more expensive for cider producers like Slyboro, and less attractive for potential new cider producers.

Schumer therefore launched his proposal, the CIDER Act (Cider, Investment & Development through Excise Tax Reduction Act), to update the definition for hard apple and pear cider in the Internal Revenue Code (IRC) that would increase their allowed alcohol by volume from 7 percent to 8.5 percent, encompassing significantly more hard cider products and allowing them to be labeled and taxed like hard cider, rather than wine.Schumer’s proposal would also address existing tax issues related to carbonation levels in hard cider, and would put the new definition in line with that of the European Union, so producers can better compete with European products abroad. Hard cider is a value-added product that is sold around the same price every year; therefore hard cider gives producers a stable source of income when apple crops suffer due to weather and other unforeseen factors. New York apple producers are increasingly interested in producing smaller, artisanal batches of hard cider, but cite the cost and difficulty to comply with the IRC definition as significant impediments to expanding their businesses. ...

Eliminating Election LINE(s)

The California Senate has passed SJR 6, which encourages Congress to pass the Lines Interfere with National Elections (LINE) Act of 2013. According to Congress.gov, the Bill "[a]mends the Help America Vote Act of 2002 to require each state to provide for the minimum required number of voting systems, poll workers, and other election resources (including all other physical resources) for each voting site on the day of any federal election and on any days during which the state allows early voting for a federal election in accordance with standards established under this Act." Press release regarding the CA Senate passage of SJR 6  is below. 

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California Senate Encourages Congress to Pass the LINE Act

Yee’s SJR 6 calls for federal action to streamline elections

SACRAMENTO – Today, the California State Senate approved legislation that calls upon Congress to set standards to assure all Americans can cast their ballot in a reasonable amount of time.  Senator Leland Yee’s (D-San Francisco/San Mateo) Senate Joint Resolution (SJR) 6 calls on Congress to pass the Lines Interfere with National Elections Act of 2013, also known as the LINE Act introduced by Senator Barbara Boxer (D-California).

“In this past election, polling places in many states had unacceptably long wait times for voters due to insufficient staffing, obsolete voting machines, and unnecessary and undemocratic obstacles” said Yee. “There is no legitimate excuse in the United States of America to be unable to conduct an election efficiently and effectively.”

While other states are attempting to suppress the vote, California is finding new ways to increase participation in elections. Last year, California implemented online voter registration as a result of law authored by Yee in 2011. Nearly 800,000 Californians registered to vote on the new system in the five weeks between implementation and Election Day last year.

States such as Florida, Ohio and Virginia instituted new laws restricting voter eligibility which resulted in lines up to seven hours long to cast a ballot. It is estimated that more than 200,000 voters in Florida decided not to vote in November due to their frustration with long lines.

The LINE Act would require the United States Attorney General, in consultation with the Election Assistance Commission, to issue new standards for elections by January 1, 2014. These would set a minimum number of voting systems, poll workers, and other election resources needed on Election Day and during early voting periods to prevent a waiting time of more than one hour at any polling place.

A recent report by Professor Charles Stewart III of MIT found that while the average white voter waited for 12 minutes in order to vote, Latinos waited 19 minutes and African Americans had to wait for 23 minutes.

“It is a fundamental principle of our representative democracy that citizens shall not be required to overcome unreasonable obstacles in order to exercise their right to vote,” said Yee. “The LINE Act will establish a basic standard to protect this important right.”

This session, Yee is authoring SB 44 which would require every state website to link to the online registration system, as well as SB 240 which would require at least one polling place on every University of California and California State University campus.

WV Updating Amber Alert

The West Virginia legislature has passed two Bills updating the Amber Alert system in their state. The measures are named after Skylar Neese and Kelsey Smith, abduction victims who tragically died soon after they went missing. Skylar's Law "will require law enforcement agencies to report a suspected abduction or missing child to the amber alert authorities in the initial stages of investigation to facilitate their safe return." The Kelsey Smith Act would, among other things, "requir[e] wireless telecommunications carriers to provide location information to law-enforcement agencies in emergencies." 

A partial article from the Register-Herald is below. 

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W.Va. Legislature votes on Amber Alert; other bills

By Mannix Porterfield

Posted:  04/13/2013 12:06 AM

Home

Skylar Neese and Kelsey Smith lived thousands of miles apart but met a similar, violent fate.
Now, the West Virginia Legislature wants to make sure police have stronger means to deal with missing persons, by putting the final touches Friday on separate bills bearing their names.
Neese vanished last summer from her parents’ home in Star City, only to turn up dead months later in Pennsylvania.
Existing law forbids putting a missing person on the Amber Alert until an abduction is confirmed. In her case, no personal belongings were taken when she left — not even contact lenses — but police initially dismissed her as a runaway.
Under a bill successfully pushed by Delegate Charlene Marshall, D-Monongalia, for whom Neese worked as a House page eight years ago, missing children can be objects of the Amber Alert once police are notified and State Police approve of the notification.
Smith disappeared from a Kansas City shopping  center, but a wireless company refused to disclose her cell phone number to police.
A proposed new law now allows police to get such numbers to “ping” a wireless owner so the location can be pinpointed. In Smith’s case, her body was found within 45 minutes after the number was disclosed.

STOPP-ing Drug Abuse

Rep. William Keating (D., MA) has introduced the Stop Tampering of Prescription Pills (STOPP) Act of 2013, which takes aim at the 16,000 Americans that die each year because of overdosing on prescription drugs. Partial press release below. 

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FOR IMMEDIATE RELEASE:Friday, March 15, 2013

KEATING INTRODUCES BIPARTISAN STOPP ACT TO PROMOTE

ABUSE-DETERRENT TECHNOLOGIES IN ADDICTIVE PAINKILLERS

Joined by Rep. Kennedy and others in important fight

Video of presser includes demonstration of abuse-deterrent drugs

(The video of the press conference is available at:  http://www.youtube.com/watch?v=fknIVGLprlw)

Washington, DC – Today, Rep. Bill Keating (D-MA) announced federal legislation addressing abuse-deterrent formulations for commonly abused painkillers. The Stop the Tampering of Prescription Pills (STOPP) Act was written by Rep. Keating, who then reached across the aisle for bipartisan support to Rep. Rogers (R-KY), Chairman of the House Appropriations Committee.  Other Massachusetts Members who are cosponsors of Rep. Keating’s legislation include Reps. Tierney, Lynch, Markey and Kennedy.

Rep. Keating originally introduced the STOPP Act, first-of-its kind legislation to address prescription drug abuse, in July of 2012.  He is a member of the Congressional Caucus on Prescription Drug Abuse.

“As a former District Attorney, I have investigated far too many deaths related to prescription drug abuse,” said Rep. Bill Keating.  “In my state of Massachusetts, almost two people a day die from overdoses.  This is a silent epidemic and it is destroying families, not just in Massachusetts, but across the country.  According to CDC data, more people are dying from overdoses – the majority of which are cause by prescription drugs – than automobile accidents.  With the FDA’s recent approval of the first opoid-based generic drug to re-enter the American market without abuse-deterrent technology, we need the STOPP Act now to stem this dangerous tide.  The STOPP Act isn’t a silver bullet but it will save lives.  What this legislation is proposing, the FDA should be doing on its own.  Because they are not, we are ready to act.  I thank my colleagues Reps. Rogers, Rahall and Kennedy for standing behind this critical legislation.” ...

CA "Youth Equality Act" Passes Major Hurdle

A CA Senate committee approved SB 323, the so-called "Youth Equality Act," by a vote of 5-2 on April 10, passing a major hurdle for the legislation. The Bill is sponsored by CA Sen. Ricardo Lara, and primarily takes aim at the Boy Scouts of America for their position on gay members. 

Though it is informally inscribed with grandiose words, such as "equality," the Bill only pressures organizations to end discriminatory policies by making those that have explicitly discriminatory policies unable to receive nonprofit tax breaks, hoping they will "rethink" their positions. Partial press release below. 

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California One Step Closer to Ending Discrimination-Youth Equality Act Passes Senate Committee

April 10, 2013

California One Step Closer to Ending Discrimination-Youth Equality Act Passes Senate Committee

SACRAMENTO-The Youth Equality Act (SB 323), designed to bring youth group tax exemptions in line with California’s existing non-discrimination laws, has passed the State Senate Governance and Finance Committee with a vote of 5-2. The bill, authored by Senator Ricardo Lara and sponsored by Equality California, has continued to gain momentum, adding 19 official co-authors and official support from the California National Organization for Women, the Los Angeles Gay and Lesbian Center, the City of West Hollywood and American Civil Liberties Union.

 “Today’s vote puts California one step closer in bringing full equality to LGBT youth throughout the state,” said Senator Lara. “With its passage and growing list of supporters and co-authors, we will end this outdated practice of discrimination and exclusion.”

"The leadership of the Senate Governance and Finance Committee is exemplary and the broad support for this bill is further evidence that California does not tolerate discrimination," said John O’Connor, EQCA executive director. “We’re thrilled to see even more legislators and organizations embracing a vision of full equality for youth groups and, in doing so, sending a message to the Boy Scouts and others that discrimination has a real cost."

The Youth Equality Act will eliminate a sales and corporate tax exemption for youth groups that discriminate on the basis of sexual orientation, gender identity, or religious affiliation.

The bill now moves on to the Senate Committee on Appropriations. ...

NLRB Kerfuffle

Adding to the National Labor Relations Board row, Rep. Phil Roe (R., TN) has introduced the Preventing Greater Uncertainty in Labor-Management Relations Act, which the Congressional Research Service says "[p]rohibits the Board from implementing, administering, or enforcing any decision, rule, vote, or other action decided, undertaken, adopted, issued, or finalized on or after January 4, 2012, that requires a quorum of the Board members." Below is a partial blog entry that Rep. Roe penned for The Hill on April 10th. 

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Preventing greater uncertainty in labor-management relations

By Rep. Phil Roe (R-Tenn.) - 04/10/13 11:20 AM ET

This week, the House is scheduled to vote on legislation I introduced to address the ongoing legal chaos that surrounds the National Labor Relations Board (NLRB). On January 4, 2012, President Obama made three so-called recess appointments to the NLRB while the Senate was regularly meeting in pro forma session. These appointments were unprecedented—no other president has bypassed the constitutionally-mandated nomination process while the Senate was in session. Although the White House claims such appointments were within the president’s power, the record shows Democrats have opposed such tactics. 

As recently as 2007, Senate Majority Leader Harry Reid stated that over the Thanksgiving holiday, he would be “keeping the Senate in pro forma to prevent recess appointments” that could have been made by President Bush.

By ignoring the constitutional obligation to have the Senate advise and consent to his appointments, President Obama opened the door for a legal challenge to the actions taken by NLRB. On January 25, 2013, the U.S. Court of Appeals for the District of Columbia unanimously held that these appointments violated the Constitution, throwing into question the validity of all rulings made by the NLRB since January 4, 2012. Since the recess appointments, the NLRB has issued roughly 600 decisions, the outcomes of which are now very uncertain. American workers deserve better.

In light of the court decision, I joined Speaker Boehner, Leader Cantor, and others to write to President Obama, urging him to nominate new appointees to the NLRB and to work with the Senate to confirm them. We also wrote NLRB Chairman Mark Pearce encouraging the NLRB to cease all activity until the legal chaos surrounding the board is resolved. Chairman Pearce, unfortunately, has continued to push ahead with NLRB business despite the fact that every decision made will be subject to legal challenge. ...