datamatters24/research-document-archive huggingface dataset:
338 
SEC. 6212. JUDICIAL REVIEW. 
(a) FINAL AGENCY ACTION.—Any nondiscretionary 
act or duty under this title or any amendment made by 
this title is a final agency action for the purposes of judi-
cial review under chapter 7 of title 5, United States Code. 
(b) VENUE
FOR CERTAIN ACTIONS.—The United 
States Court of Appeals for the District of Columbia Cir-
cuit shall have exclusive jurisdiction over any petition for 
review of action of the Administrator in promulgating any 
rule under subtitle A of this title. 
(c) LIMITATIONS.—No action under chapter 7 of title 
5, United States Code, may be commenced prior to 60 
days after the date on which the plaintiff has given notice 
to the Federal agency concerned of the alleged violation 
of this title or any amendment made by this title. 
(d) COMMON CLAIMS.—When civil actions arising 
under this title or any amendment made by this title are 
pending in the same court and involve one or more com-
mon questions of fact or common claims regarding the 
same alleged Federal agency failure or failures to act, the 
court may consolidate such claims into a single action for 
judicial review. When civil actions arising under this title 
or any amendment made by this title are pending in dif-
ferent districts and involve one or more common questions 
of fact or common claims regarding the same alleged Fed-
eral agency failure or failures to act, such actions may
339 
be consolidated pursuant to section 1407 of title 28, 
United States Code. 
(e) AGGRIEVED PERSONS.—A person shall be consid-
ered aggrieved within the meaning of this title or any 
amendment made by this title for purposes of obtaining 
judicial review under chapter 7 of title 5, United States 
Code, if the person alleges— 
(1) harm attributable to a Federal agency’s 
failure to reduce its greenhouse gas emissions in ac-
cordance with the requirements under this title or 
any amendment made by this title, or take other ac-
tions required under this title or any amendment 
made by this title; or 
(2) a Federal agency’s failure to collect and 
provide information to the public as required by this 
title or any amendment made by this title. 
For purposes of this section, the term ‘‘harm’’ includes 
any effect of global warming, currently occurring or at risk 
of occurring, and the incremental exacerbation of any such 
effect or risk that is associated with relatively small incre-
ments of greenhouse gas emissions, even if the effect or 
risk is widely shared. An effect or risk associated with 
global warming is ‘‘attributable’’ to a Federal agency’s 
failure to act as described in paragraph (1) if the failure 
to act results in larger emissions of greenhouse gases than
340 
would have been emitted had the Federal agency followed 
the requirements of this title or any amendment made by 
this title, as any such incremental additional emissions will 
exacerbate the pace, extent, and risks of global warming. 
(f) REMEDY.— 
(1) IN GENERAL.—In addition to the remedies 
available under chapter 7 of title 5, United States 
Code, a court may provide the remedies specified in 
this subsection. 
(2) PAYMENT.—In any civil action alleging a 
violation of this title, if the court finds that an agen-
cy has significantly violated this title in its failure to 
perform any nondiscretionary act or duty under this 
title or any amendment made by this title, the court 
may award a payment, payable by the United States 
Treasury, to be used for a beneficial mitigation 
project recommended by the plaintiff or to com-
pensate the plaintiff for any impact from global 
warming suffered by the plaintiff. The total payment 
for all claims by all plaintiffs in any such action 
shall not exceed the amount provided in section 
1332(b) of title 28, United States Code. A court 
may deny a second payment under this section if the 
court determines that the plaintiff has filed multiple 
separate actions that could reasonably have been
341 
combined into a single action. No payment may be 
awarded under this paragraph for violations of an 
agency’s obligation to collect or report information 
to the public. No court may award any payment 
under this paragraph in any given year if the cumu-
lative payments awarded by courts under this para-
graph in such year are equal to or greater than 
$1,500,000. 
(3) COSTS.—A court may award costs of litiga-
tion to any substantially prevailing plaintiff or to 
any other plaintiff whenever the court determines 
such an award is appropriate. Such an award is ap-
propriate when such litigation contributes to the 
Federal agency’s compliance with this title or any 
amendment made by this title. Costs of litigation in-
clude reasonable attorney fees and expert fees. 
(4) EXCLUSIVE REMEDY.—Notwithstanding any 
other provision of Federal law— 
(A) no plaintiff who is awarded a payment 
under this subsection for a failure to perform a 
mandatory duty under this title or any amend-
ment made by this title may be awarded a pay-
ment for such failure under any other Federal 
law; and
342 
(B) no plaintiff may be awarded a pay-
ment under this subsection for a failure to per-
form a mandatory duty under this title or any 
amendment made by this title if the plaintiff 
has been awarded a payment for such failure 
under any other Federal law. 
(g) NO STATE COURT ACTION.—No person may 
bring any action in State court alleging a violation of this 
title or any amendment made by this title. 
(h) INAPPLICABILITY
TO
PROCUREMENT
PRO-
TESTS.—No action may be commenced under this section 
objecting to a solicitation by a Federal agency for bids 
or proposals for a proposed contract or to a proposed 
award or the award of a contract or any alleged violation 
of statute or regulation in connection with a procurement 
or a proposed procurement if such action may be brought 
by an interested party under section 1491(b)(1) of title 
28, United States Code, or subchapter V of title 31, 
United States Code. 
(i) DEFINITION.—In this section, the term ‘‘person’’ 
means a United States person. In the case of an indi-
vidual, such term means a citizen or national of the United 
States.
343 
Subtitle C—Telework 
Enhancement 
SEC. 6301. SHORT TITLE. 
This subtitle may be cited as the ‘‘Telework Enhance-
ment Act of 2007’’. 
SEC. 6302. FEDERAL GOVERNMENT TELEWORK REQUIRE-
MENT. 
(a) IN GENERAL.— 
(1) ELIGIBILITY.—Within 1 year after the date 
of enactment of this Act, the head of each Executive 
agency shall establish a policy under which each em-
ployee of the agency, except as provided in sub-
section (b), shall be eligible to participate in 
telework. 
(2) PARTICIPATION POLICY.—The policy shall 
ensure that eligible employees participate in telework 
to the maximum extent possible without diminishing 
employee performance or agency operations. 
(b) INELIGIBLE
EMPLOYEES.—Subsection (a)(1) 
does not apply to executive agency employees whose duties 
require the daily handling of national security or intel-
ligence materials or daily on-site physical presence for ac-
tivity such as necessary contact with special equipment or 
other activity that cannot be handled remotely or at an 
alternate worksite.
ment under the letter referred to in subsection (a), or any 
similar requirement, to any State health plan amendment 
or waiver expanding the income eligibility level for children 
under the State children’s health insurance program under 
title XXI of the Social Security Act. 
Æ 
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344 
SEC. 6303. TRAINING AND MONITORING. 
The head of each executive agency shall ensure 
that— 
(1) telework training is incorporated in the 
agency’s new employee orientation procedures; 
(2) telework training is provided to managers 
and all new teleworkers; and 
(3) periodic employee reviews are conducted for 
all employees to ascertain whether telework is appro-
priate for the employee’s job description and the ex-
tent to which it is being utilized by the employee. 
SEC. 6304. TELEWORK MANAGING EMPLOYEE. 
(a) IN GENERAL.—The head of each executive agency 
shall appoint a full time senior level employee of the agen-
cy as the Telework Managing Officer. The Telework Man-
aging Office shall be established within the office of the 
chief administrative officer or a comparable office with 
similar functions. 
(b) DUTIES.—The Telework Managing Officer 
shall— 
(1) serve as liaison between employees engaged 
in teleworking and their employing entity; 
(2) ensure that the organization’s telework pol-
icy is communicated effectively to employees; 
(3) encourage all eligible employees to engage 
in telework to the maximum practicable extent con-
H. R. 1442—233
Statutes at Large—Continued
Date 
Chapter or 
Public Law 
Section 
Statutes at Large 
U.S. Code
(46 App. un-
less other-
wise speci-
fied) 
Vol-
ume 
Page 
1527 .................................................
104
3668 ............
1241v
1993
Nov. 30
103–160
1358 .................................................
107
1816 ............
1280a
1996
Oct. 19
104–324
1117 .................................................
110
3973 ............
46 U.S.C. 
12101 nt 
1120(f) ..............................................
110
3978 ............
883 nt
1998
Oct. 14
105–258
401 ...................................................
112
1916 ............
1273a
Oct. 21
105–277
203(b)–(e) .........................................
112
2681–619 ....
46 U.S.C. 
12102 nt
Nov. 13
105–383
502–504 ...........................................
112
3445 ............
46 U.S.C. 
12106 nt
2000
Oct. 30
106–398
1 [§ 3506] .........................................
114
1654, ...........
1654A–494
1118 nt
2002
Nov. 25
107–295
403 ...................................................
116
2114 ............
46 U.S.C. 
12119 nt 
404 ...................................................
116
2114 ............
316a
2003
Nov. 24
108–136
3527 .................................................
117
1802 ............
1280b
H. R. 1442—234
Reorganization Plans 
Year 
Plan No. 
Section 
Statutes at Large 
Volume 
Page 
1949
6 ..............
.......................................................................
1069
1950
21 ............
201, 203, 204 ...............................................
1276
1961
7 ..............
101–105, 201, 301, 302 ...............................
840, 842
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
(A) has the meaning given such term in 
section 903 of the Electronic Fund Transfer 
Act; and 
(B) includes any fund transfer covered by 
Article 4A of the Uniform Commercial Code, as 
in effect in any State. 
(4) The term ‘‘Federal functional regulator’’ 
has the same meaning as in section 509(2) of the 
Gramm-Leach-Bliley Act. 
(5) The term ‘‘financial institution’’— 
(A) has the meaning given such term in 
section 903 of the Electronic Fund Transfer 
Act; and 
(B) includes any financial institution, as 
defined in section 509(3) of the Gramm-Leach- 
Bliley Act. 
(6) The term ‘‘illegal Internet pharmacy’’ 
means an Internet pharmacy that fails to comply 
with the standards established by section 503B of 
the Federal Food, Drug, and Cosmetic Act. 
(7) The terms ‘‘money transmitting business’’ 
and ‘‘money transmitting service’’ have the mean-
ings given such terms in section 5330(d) of title 31, 
United States Code.
(8) The term ‘‘restricted transaction’’ means 
any transaction or transmittal to any person en-
gaged in the operation of an illegal Internet phar-
macy, of— 
(A) credit, or the proceeds of credit, ex-
tended to or on behalf of such other person (in-
cluding credit extended through the use of a 
credit card); 
(B) an electronic fund transfer or funds 
transmitted by or through a money transmit-
ting business, or the proceeds of an electronic 
fund transfer or money transmitting service, 
from or on behalf of the other person; 
(C) any check, draft, or similar instrument 
which is drawn by or on behalf of the other per-
son and is drawn on or payable at or through 
any financial institution; or 
(D) the proceeds of any other form of fi-
nancial transaction as the Federal functional 
regulators may prescribe by regulation which 
involves a financial institution as a payor or fi-
nancial intermediary on behalf of or for the 
benefit of the other person.
345 
sistent with meeting performance requirements and 
maintaining operations; 
(4) assist the head of the agency in the develop-
ment and maintenance of agencywide telework poli-
cies; 
(5) provide assistance and advice in labor-man-
agement interactions regarding telework; 
(6) educate administrative units on telework 
policies, programs, and training courses; 
(7) provide written notification to each em-
ployee of specific telework programs and the employ-
ee’s eligibility for those programs; 
(8) focus on expanding and monitoring agency 
telework programs; 
(9) recommend and oversee telework-specific 
pilot programs for employees and managers, includ-
ing tracking performance and monitoring activities; 
(10) develop and administer a telework per-
formance reporting system; 
(11) promote and monitor agency and other re-
sources necessary for effective teleworking; 
(12) develop telework promotion and incentive 
programs; and 
(13) assist the head of the agency in desig-
nating employees to telework to continue agency op-
SEC. 4. EFFECTIVE DATE. 
This Act and the amendments made by this Act are 
effective 6 months after the date of the enactment of this 
Act. 
Æ
125 
‘‘SEC. 656A. LIMITATION ON CERTAIN USES OF FUNDS. 
‘‘No funds made available to carry out this subchapter 
may be used— 
‘‘(1) for publicity or propaganda purposes not 
heretofore authorized by the Congress; or 
‘‘(2) unless authorized by law in effect on the ef-
fective date of this section, to produce any pre-
packaged news story intended for broadcast or dis-
tribution unless such story includes a clear notifica-
tion contained within the text or audio of such story 
stating that the prepackaged news story was prepared 
or funded by the Department of Health and Human 
Services.’’. 
SEC. 24. CONFORMING AMENDMENT. 
Section 641A(a)(2)(A) of the Head Start Act (42 
U.S.C. 9836a(a)(2)(A)) is amended by striking ‘‘non- 
English language background’’ and inserting ‘‘limited 
English proficient’’. 
SEC. 25. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. 
(a) GENERAL EFFECTIVE DATE.—Except as provided 
in subsections (b) and (c), this Act and the amendments 
made by this Act shall take effect on the date of the enact-
ment of this Act. 
(b) APPLICATION OF AMENDMENTS.—The amendments 
made by this Act shall not apply with respect to any fiscal
126 
year that begins before the date of the enactment of this 
Act. 
(c) PRIORITY IN THE DESIGNATION OF HEAD START 
AGENCIES.— 
(1) 
EFFECTIVE
DATE.—Section 
641(c), 
as 
amended by section 7(b) of this Act, shall take effect 
exactly twelve months from the date of the enactment 
of this Act, except for section 641(c)(5), which shall 
take effect on the date of the enactment of this Act. 
(2) IMPLEMENTATION
RULE.—For purposes of 
carrying out section 641(c) of the Head Start Act, as 
amended by section 7(b) of this Act, the Secretary 
may only consider the performance of a Head Start 
program in meeting the requirements described in sec-
tion 641(c) of the Head Start Act, as amended by sec-
tion 7(b) of this Act, from the date of enactment of 
this Act, except any performance that constitutes a 
deficiency since the then most recent designation.
Union Calendar No. 78 
109TH CONGRESS 
1ST SESSION 
H. R. 2123 
[Report No. 109–136] 
A BILL 
To reauthorize the Head Start Act to improve the 
school readiness of disadvantaged children, and 
for other purposes. 
JUNE 16, 2005 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed
ers shall offer the United States workers no less than the 
same benefits, wages, and working conditions that the em-
ployer is offering, intends to offer, or will provide to H– 
2A workers. Conversely, no job offer may impose on 
United States workers any restrictions or obligations 
which will not be imposed on the employer’s H–2A work-
ers. 
‘‘(b) MINIMUM BENEFITS, WAGES, AND WORKING 
CONDITIONS.—Except in cases where higher benefits, 
wages, or working conditions are required by the provi-
sions of subsection (a), in order to protect similarly em-
ployed United States workers from adverse effects with 
respect to benefits, wages, and working conditions, every 
job offer which shall accompany an application under sec-
tion 218(b)(2) shall include each of the following benefit, 
wage, and working condition provisions: 
‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A 
HOUSING ALLOWANCE.— 
‘‘(A) IN GENERAL.—An employer applying 
under section 218(a) for H–2A workers shall 
offer to provide housing at no cost to all work-
ers in job opportunities for which the employer 
has applied under that section and to all other 
workers in the same occupation at the place of 
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I 
109TH CONGRESS 
1ST SESSION 
H. R. 180
To amend the Internal Revenue Code of 1986 to repeal the inclusion in 
gross income of Social Security benefits. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005
Mr. PAUL (for himself and Mrs. JO ANN DAVIS of Virginia) introduced the 
following bill; which was referred to the Committee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to repeal 
the inclusion in gross income of Social Security benefits.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Senior Citizens Tax 
Elimination Act’’. 
SEC. 2. REPEAL OF INCLUSION IN GROSS INCOME OF SO-
CIAL SECURITY BENEFITS. 
(a) IN GENERAL.—Section 86 of the Internal Rev-
enue Code of 1986 (relating to social security benefits)
is amended by adding at the end the following new sub-
section: 
‘‘(g) TERMINATION.—This section shall not apply to 
any taxable year beginning after the date of the enactment 
of this subsection.’’. 
(b) SOCIAL SECURITY TRUST FUNDS HELD HARM-
LESS.—
(1) IN
GENERAL.—There are hereby appro-
priated (out of any money in the Treasury not other-
wise appropriated) for each fiscal year to each fund 
under the Social Security Act or the Railroad Re-
tirement Act of 1974 an amount equal to the reduc-
tion in the transfers to such fund for such fiscal 
year by reason of section 86(g) of the Internal Rev-
enue Code of 1986. 
(2) NO TAX INCREASES.—It is the sense of the 
Congress that tax increases will not be used to pro-
vide the revenue necessary to carry out paragraph 
(1).
Æ
346 
erations in the event of a major disaster (as defined 
in section 102 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 
5122)). 
(c) REPORT.—The Telework Managing Officer shall 
submit a report to the head of the employing agency and 
the Comptroller General at least once every 12 months 
that includes a statement of the applicable telework policy, 
a description of measures in place to carry out the policy, 
and an analysis of the participation by employees of the 
entity in teleworking during the preceding 12-month pe-
riod. 
SEC. 6305. ANNUAL TELEWORK AGENCY RATING. 
(a) IN GENERAL.—The Comptroller General shall es-
tablish a system for evaluating— 
(1) the telework policy of each executive agency; 
and 
(2) on an annual basis the participation in tele-
working by their employees. 
(b) REPORT.—The Comptroller General shall publish 
a report each year rating— 
(1) the telework policy of each entity to which 
this subtitle applies;
expenses in determining pre-tax profit under 
subparagraph (B)(ii). 
‘‘(2) SPECIAL RULES FOR TRANSACTIONS WITH 
TAX-INDIFFERENT PARTIES.— 
‘‘(A) SPECIAL
RULES
FOR
FINANCING 
TRANSACTIONS.—The form of a transaction 
which is in substance the borrowing of money 
or the acquisition of financial capital directly or 
indirectly from a tax-indifferent party shall not 
be respected if the present value of the deduc-
tions to be claimed with respect to the trans-
action is substantially in excess of the present 
value of the anticipated economic returns of the 
person lending the money or providing the fi-
nancial capital. A public offering shall be treat-
ed as a borrowing, or an acquisition of financial 
capital, from a tax-indifferent party if it is rea-
sonably expected that at least 50 percent of the 
offering will be placed with tax-indifferent par-
ties. 
‘‘(B) ARTIFICIAL INCOME SHIFTING AND 
BASIS
ADJUSTMENTS.—The form of a trans-
action with a tax-indifferent party shall not be 
respected if— 
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and Kanuti National Wildlife Refuges to the contractor 
pursuant to the Intergovernmental Personnel Act (5 
U.S.C. 3371 et seq.) with all such employees maintained 
as Federal employees retaining all benefits and status of 
Federal service. 
SEC. 5. DEFINITIONS. 
For the purposes of this Act: 
(1) CONSERVATION SYSTEM UNIT.—The term 
‘‘conservation system unit’’ shall have the meaning 
given that term in section 102(4) of the Alaska Na-
tional Interest Lands Conservation Act. 
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
shall have the meaning given that term in section 
4(e) of the Indian Self-Determination and Education 
Assistance Act. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) TRIBAL ORGANIZATION.—The term ‘‘tribal 
organization’’ shall have the meaning given that 
term in section 4(l) of the Indian Self-Determination 
and Education Assistance Act. 
Æ
(i) IN GENERAL.—The initial certifi-
cation and recertification of a qualified ex-
ternal review entity shall be made— 
(I) under a process that is recog-
nized or approved by the appropriate 
Secretary; or 
(II) by a qualified private stand-
ard-setting organization that is ap-
proved by the appropriate Secretary 
under clause (iii). 
In taking action under subclause (I), the 
appropriate Secretary shall give deference 
to entities that are under contract with the 
Federal Government or with an applicable 
State authority to perform functions of the 
type performed by qualified external review 
entities. 
(ii) PROCESS.—The appropriate Sec-
retary shall not recognize or approve a 
process under clause (i)(I) unless the proc-
ess applies standards (as promulgated in 
regulations) that ensure that a qualified 
external review entity— 
(I) will carry out (and has car-
ried out, in the case of recertification)
the responsibilities of such an entity 
in accordance with this section, in-
cluding meeting applicable deadlines; 
(II) will meet (and has met, in 
the case of recertification) appropriate 
indicators of fiscal integrity; 
(III) will maintain (and has 
maintained, in the case of recertifi-
cation) 
appropriate 
confidentiality 
with respect to individually identifi-
able health information obtained in 
the course of conducting external re-
view activities; and 
(IV) in the case of recertification, 
shall review the matters described in 
clause (iv). 
(iii) APPROVAL
OF
QUALIFIED
PRI-
VATE
STANDARD-SETTING
ORGANIZA-
TIONS.—For purposes of clause (i)(II), the 
appropriate Secretary may approve a quali-
fied private standard-setting organization 
if such Secretary finds that the organiza-
tion only certifies (or recertifies) external 
review entities that meet at least the 
standards required for the certification (or
SECTION 1. ONE YEAR EXTENSION OF OPERATION OF 
RADIO FREE ASIA. 
Section 309(f) of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6208(f)) is amended 
by striking ‘‘2009’’ and inserting ‘‘2010’’. 
Passed the House of Representatives September 23, 
2009. 
Attest: 
Clerk.