113 HR 5482 IH: Enhanced Security Clearance Act of 2014
U.S. House of Representatives
2014-09-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 5482
		IN THE HOUSE OF REPRESENTATIVES

			September 16, 2014
			Mr. Kelly of Pennsylvania introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select), and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To enhance the Office of Personnel Management background check system for the granting, denial, or
			 revocation of security clearances or access to classified information of
			 employees and contractors of the Federal Government.

		1.Short titleThis Act may be cited as the Enhanced Security Clearance Act of 2014.
		2.Enhancing government personnel security programs
			(a)DefinitionsIn this section—
				(1)the term covered individual means an individual who has been determined eligible for access to classified information or
			 eligible to hold a sensitive position; and
				(2)the term periodic reinvestigations means investigations conducted for the purpose of updating a previously completed background
			 investigation—
					(A)every 5 years in the case of—
						(i)eligibility for access to top secret information or access to a highly sensitive program; or
						(ii)eligibility to hold a special sensitive or critical sensitive position;
						(B)every 10 years in the case of—
						(i)eligibility for access to secret information; or
						(ii)eligibility to hold a noncritical sensitive position; or
						(C)every 15 years in the case of eligibility for access to confidential information.
					(b)Resolution of backlog of overdue periodic reinvestigations
				(1)In generalThe Director of National Intelligence shall develop and implement a plan to eliminate the backlog
			 of overdue periodic reinvestigations of covered individuals.
				(2)RequirementsThe plan developed under paragraph (1) shall—
					(A)use a risk-based approach to—
						(i)identify high-risk populations; and
						(ii)prioritize reinvestigations that are due or overdue to be conducted; and
						(B)use random automated record checks (consistent with the requirements of paragraph (3)) of covered
			 individuals that shall include all covered individuals in the pool of
			 individuals subject to a one-time check.
					(3)Automated record checksAn automated record check with respect to a covered individual shall use and examine comprehensive
			 sources of information, including—
					(A)publicly available online electronic information regarding such individual, including blogs,
			 microblogs, forums, news Web sites, and picture and video sharing Web
			 sites;
					(B)publicly available social media data regarding such individual, including pictures, videos, posts,
			 or comments;
					(C)information relating to criminal or civil legal proceedings applicable to such individual;
					(D)public news article, press reports, or media clippings which detail relevant security or
			 counterintelligence information; and
					(E)financial information relating to the covered individual, including the credit worthiness of the
			 covered individual.
					(c)Enhanced security clearance programsPart III of title 5, United States Code, is amended by adding at the end the following:

					JEnhanced personnel security programs
						110Enhanced personnel security programs

								Sec.
								11001. Enhanced personnel security programs.
							11001.Enhanced personnel security programs
								(a)DefinitionsIn this section—
									(1)the term agency has the meaning given that term in section 3001 of the Intelligence Reform and Terrorism
			 Prevention Act of 2004 (50 U.S.C. 3341);
									(2)the term consumer reporting agency has the meaning given that term in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a);
									(3)the term covered individual means an individual who has been determined eligible for access to classified information or
			 eligible to hold a sensitive position;
									(4)the term enhanced personnel security program means a program implemented by an agency at the direction of the Director of National Intelligence
			 under subsection (b); and
									(5)the term periodic reinvestigations means investigations conducted for the purpose of updating a previously completed background
			 investigation—
										(A)every 5 years in the case of—
											(i)eligibility for access to top secret information or access to a highly sensitive program; or
											(ii)eligibility to hold a special sensitive or critical sensitive position;
											(B)every 10 years in the case of—
											(i)eligibility for access to secret information; or
											(ii)eligibility to hold a noncritical sensitive position; or
											(C)every 15 years in the case of eligibility for access to confidential information.
										(b)Enhanced Personnel Security ProgramThe Director of National Intelligence shall direct each agency to implement a program to provide
			 enhanced security review of covered individuals—
									(1)in accordance with this section; and
									(2)not later than the earlier of—
										(A)the date that is 5 years after the date of enactment of the Enhanced Security Clearance Act of 2014; or
										(B)the date on which the backlog of overdue periodic reinvestigations of covered individuals is
			 eliminated, as determined by the Director of National Intelligence.
										(c)Comprehensiveness
									(1)Sources of informationThe enhanced personnel security program of an agency shall integrate relevant information from
			 various sources, including government, publicly available, and commercial
			 data sources, consumer reporting agencies, social media, and such other
			 sources as determined by the Director of National Intelligence.
									(2)Types of informationInformation obtained and integrated from sources described in paragraph (1) may include—
										(A)information relating to any criminal or civil legal proceeding;
										(B)financial information relating to the covered individual, including the credit worthiness of the
			 covered individual;
										(C)public information, including news articles or reports, that includes relevant security or
			 counterintelligence information about the covered individual;
										(D)publicly available electronic information, to include relevant security or counterintelligence
			 information on any social media Web site or forum, blog, microblog,
			 picture or video sharing Web site and other public online content that may
			 suggest ill intent, vulnerability to blackmail, compulsive behavior,
			 allegiance to another country, illegal drug use, criminal activity,
			 material falsification, change in ideology, or any other information that
			 may suggest the covered individual lacks good judgment, reliability or
			 trustworthiness; and
										(E)data maintained on any terrorist or criminal watch list maintained by any agency, State or local
			 government, or international organization.
										(d)Reviews of covered individuals
									(1)Reviews
										(A)In generalThe enhanced personnel security program of an agency shall require that, not less than 2 times
			 every 5 years, the head of the agency shall conduct or request the conduct
			 of automated record checks and checks of information from sources under
			 subsection (c) to ensure the continued eligibility of each covered
			 individual employed or contracted with by the agency, unless more frequent
			 reviews of automated record checks and checks of information from sources
			 under subsection (c) are conducted on the covered individual.
										(B)Scope of reviewsExcept for a covered individual who is subject to more frequent reviews to ensure the continued
			 eligibility of the covered individual, the reviews under subparagraph (A)
			 shall consist of random or aperiodic checks of covered individuals, such
			 that each covered individual is subject to at least 2 reviews during the
			 5-year period beginning on the date on which the agency implements the
			 enhanced personnel security program of an agency, and during each 5-year
			 period thereafter.
										(C)Individual reviewsA review of the information relating to the continued eligibility of a covered individual under
			 subparagraph (A) may not be conducted until after the end of the 120-day
			 period beginning on the date the covered individual receives the
			 notification required under paragraph (3).
										(2)ResultsThe head of an agency shall take appropriate action if a review under paragraph (1) finds relevant
			 information that may affect the continued eligibility of a covered
			 individual.
									(3)Information for covered individualsThe head of an agency shall ensure that each covered individual employed by the agency or a
			 contractor of the agency is adequately advised of the types of relevant
			 security or counterintelligence information the covered individual is
			 required to report to the head of the agency.
									(4)LimitationNothing in this subsection shall be construed to affect the authority of an agency to determine the
			 appropriate weight to be given to information relating to a covered
			 individual in evaluating the continued eligibility of the covered
			 individual.
									(5)Guidance for minor financial or mental health issuesThe Director of National Intelligence shall issue guidance defining minor financial or mental
			 health issues, in accordance with this section and any direction from the
			 President.
									(6)Authority of the PresidentNothing in this subsection shall be construed as limiting the authority of the President to direct
			 or perpetuate periodic reinvestigations of a more comprehensive nature or
			 to delegate the authority to direct or perpetuate such reinvestigations.
									(e)Audit
									(1)In generalBeginning 2 years after the date of implementation of the enhanced personnel security program of an
			 agency under subsection (b), the Inspector General of the agency shall
			 conduct at least 1 audit to assess the effectiveness and fairness, which
			 shall be determined in accordance with performance measures and standards
			 established by the Director of National Intelligence, to covered
			 individuals of the enhanced personnel security program of the agency.
									(2)Submissions to the DNIThe results of each audit conducted under paragraph (1) shall be submitted to the Director of
			 National Intelligence to assess the effectiveness and fairness of the
			 enhanced personnel security programs across the Federal Government..
			(d)Technical and conforming amendmentThe table of chapters for part III of title 5, United States Code, is amended by adding at the end
			 following:

						Subpart J—Enhanced personnel security programs
						110. Enhanced personnel security programs11001.


		I
		111th CONGRESS
		1st Session
		H. R. 3491
		IN THE HOUSE OF REPRESENTATIVES

			July 31, 2009
			Mr. Kagen (for
			 himself and Mr. Frank of
			 Massachusetts) introduced the following bill; which was referred to
			 the Committee on Veterans’
			 Affairs

		A BILL
		To amend title 38, United States Code, to establish a
		  presumption of service connection for certain cancers occurring in veterans who
		  served in the Republic of Vietnam and were exposed to certain herbicide agents,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Thomas G. Schubert Agent Orange
			 Fairness Act.
		2.FindingsCongress makes the following
			 findings:
			(1)Between 1962 and 1971, the Armed Forces
			 sprayed approximately 107 million pounds of herbicides in South Vietnam for the
			 purpose of defoliation and crop destruction.
			(2)Section 1116(a)(3) of title 38, United
			 States Code, defines the term herbicide agent as a chemical in an
			 herbicide used in support of the United States and allied military operations
			 in the Republic of Vietnam during the period beginning on January 9, 1962, and
			 ending on May 7, 1975.
			(3)It has been
			 incontrovertibly established that exposure to Agent Orange leads to long-term,
			 systemic health problems that can occur years after the exposure.
			(4)The amendments to
			 title 38, United States Code, enacted by the Veterans’ Health Care Eligibility
			 Reform Act of 1996 (Public Law 104–262) provide that a veteran does not have to
			 demonstrate a link between a certain health condition and exposure to Agent
			 Orange and other toxic substances used during the Vietnam War in order to
			 receive certain medical care provided by the Secretary of Veterans
			 Affairs.
			(5)Section 1116 of title 38, United States
			 Code, provides for a presumption of service connected disability when there is
			 exposure to an herbicide agent and the occurrence of a disease if the credible
			 evidence for such association is equal to or outweighs the credible evidence
			 against the association.
			(6)The Veterans’
			 Health Care Eligibility Reform Act of 1996 (Public Law 104–262) recognizes the
			 Institute of Medicine as a resource by which the Secretary of Veterans Affairs
			 should determine the association between the occurrence of a disease and Agent
			 Orange.
			(7)One established
			 standard for the Secretary of Veterans Affairs to deny a presumption of service
			 connection for a disability is that a disease shall be established by the
			 Institute of Medicine to have limited or suggestive evidence of no association
			 between the occurrence of the disease and exposure to herbicide.
			(8)Cancers of the gastrointestinal tract are
			 recognized by the Institute of Medicine as having inadequate or insufficient
			 evidence to determine association, which suggests that the credible evidence of
			 an association is equal to the credible evidence against association.
			(9)Thomas George Schubert served honorably in
			 the Army in the Republic of Vietnam from 1966 to 1967 where it is presumed he
			 was exposed to Agent Orange.
			(10)He later
			 developed esophageal cancer and passed away as a result on August 29, 2002, his
			 56th birthday.
			(11)Thirty-five years after his discharge, the
			 Department of Veterans Affairs issued a ruling that Mr. Schubert’s death was
			 service connected, stating, The preponderance of the competent evidence
			 relates the victim’s cause of death, esophageal cancer, to in-service Agent
			 Orange exposure, and Resolving any reasonable doubt in the
			 appellants favor, that his death is directly related to in-service exposure to
			 Agent Orange..
			3.Presumption of
			 service connection for certain cancers associated with exposure to herbicides
			 during the Vietnam EraSection
			 1116(a)(2) of title 38, United States Code, is amended by adding at the end the
			 following new subparagraph:

				(I)Cancers of any tissues through the opening
				of the gastrointestinal tract to the end, including any and all carcinomas
				arising from tissues of endodermal origin, beginning in the oral pharynx,
				extending through the esophagus, duodenum, cecum, transverse and descending
				colon, as well as biliary and pancreatic tissues, not to exclude the rectum,
				becoming manifest to a degree of disability of 10 percent or
				more.
				.


114 HR 2602 IH: Prioritizing Online Threat Enforcement Act of 2015
U.S. House of Representatives
2015-06-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 2602
		IN THE HOUSE OF REPRESENTATIVES

			June 2, 2015
			Ms. Clark of Massachusetts introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To enhance enforcement of laws related to cybercrimes against persons, and for other purposes.

 1.Short titleThis Act may be cited as the Prioritizing Online Threat Enforcement Act of 2015. 2.Improved investigative and forensic resources for enforcement of laws related to cybercrimes against persons (a)In generalSubject to the availability of appropriations to carry out this subsection, the Attorney General, in consultation with the Director of the Federal Bureau of Investigation, shall, with respect to cybercrimes against persons—
 (1)ensure that there are at least 10 additional operational agents of the Federal Bureau of Investigation designated to support the Criminal Division of the Department of Justice in the investigation and coordination of cybercrimes against persons;
 (2)ensure that each office of a United States Attorney designates at least 1 Assistant United States Attorney as responsible for investigating and prosecuting cybercrimes against persons; and
 (3)ensure the implementation of a regular and comprehensive training program— (A)the purpose of which is to train agents of the Federal Bureau of Investigation in the investigation and prosecution of such crimes and the enforcement of laws related to cybercrimes against persons; and
 (B)that includes relevant forensic training related to investigating and prosecuting cybercrimes against persons.
					(b)Additional funding for resources
 (1)AuthorizationIn addition to amounts otherwise authorized for resources to investigate and prosecute criminal activity, there are authorized to be appropriated to carry out this section $4,000,000 for each of fiscal years 2016 through 2020.
 (2)AvailabilityAny amounts appropriated under paragraph (1) shall remain available until expended. (3)Use of additional fundingFunds made available under this subsection shall be used by the Director of the Federal Bureau of Investigation and the Attorney General, for the Federal Bureau of Investigation and the Criminal Division of the Department of Justice, respectively, to—
 (A)hire and train law enforcement officers to— (i)investigate cybercrimes against person; and
 (ii)assist in the prosecution of such crimes; and (B)enable relevant units of the Department of Justice, including units responsible for investigating cybercrimes against persons, to procure advanced tools of forensic science and expert computer forensic assistance, including from non-governmental entities, to investigate, prosecute, and study such crimes.
					3.Annual reports
 (a)Report of the attorney generalNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the Attorney General shall submit a report to Congress on actions taken to carry out this Act. The initial report required under this subsection shall be submitted by May 1, 2016. All subsequent annual reports shall be submitted by May 1st of each fiscal year thereafter. The report required under this subsection may be submitted as part of the annual performance report of the Department of Justice, and shall include, with respect to the authorizations under section 2, the following:
 (1)The number of law enforcement officers hired and trained. (2)The number and type of investigations and prosecutions resulting from law enforcement officers designated to cybercrimes against persons.
 (3)The advanced tools of forensic science procured to investigate, prosecute, and study cybercrimes against persons.
 4.Definition of cybercrimes against personsThe term cybercrimes against persons means cyberstalking, criminal harassment carried out over the Internet, or threats communicated over the Internet, including violations of section 875 or 2261A of title 18, United States Code.


117 S2060 IS: Foreign Funding Accountability Act of 2021
U.S. Senate
2021-06-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2060IN THE SENATE OF THE UNITED STATESJune 15, 2021Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend disclosure requirements of foreign gifts and contracts under the Higher Education Act of 1965.1.Short titleThis Act may be cited as the Foreign Funding Accountability Act of 2021.2.Amendments to disclosures of foreign gifts and contractsSection 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) is amended—(1)by striking subsections (a) and (b) and inserting the following:(a)Disclosure report(1)FilingAn institution shall file a disclosure report with the Department of Education on January 31 or July 31, whichever is sooner, if the institution—(A)is owned or controlled by a foreign source; or(B)receives a gift or enters into a contract with a foreign source, the value of which is $25,000 or more (including in-kind gifts, gifts to institution foundations, and gifts to any other legal entities that operate substantially for the benefit or under the auspieces of the institution), considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year.(2)TuitionA tuition payment to an institution on behalf of an enrolled student by a foreign government or foundation shall be considered a gift from or contract with a foreign source under this subsection.(3)Designated individualEach institution that is required to file a disclosure report under this section shall designate an officer at the institution who shall be responsible for ensuring the veracity of the disclosure report. (b)Contents of disclosure report(1)Owned or controlled by a foreign sourceAn institution that is required to file a disclosure report under subsection (a)(1)(A) shall include in the report:(A)The identity of the foreign source.(B)The date on which the foreign source assumed ownership or control.(C)Any changes in program or structure resulting from the change in ownership or control.(2)Gifts or contractsAn institution that is required to file a disclosure report under subsection (a)(1)(B) shall include in the report:(A)The amount of the gift or contract.(B)The country of origin of the gift or contract. (C)A statement from the foreign source providing the gift or entering into the contract, including, in the case of a foreign source that is—(i)an individual, the individual's—(I)name;(II)nationality(III)principal business address; and(IV)all business and residential addresses in the United States or elsewhere;(ii)a partnership—(I)the information described in subclause (I) through (IV) of clause (i) with respect to each member of the partnership; and(II)a true and complete copy of its articles of copartnership; or(iii)an association, corporation, organization, or any other combination of individuals—(I)the information described in subclauses (I) through (IV) of clause (i) with respect to each director, officer, and each individual performing the functions of a director or officer for that entity; and(II)a statement of the entity's ownership and control, and the publicly listed name of the entity.(D)The explicit and intended purpose and function of the gift or contract, including—(i)the name (and position if applicable) of the recipient individual, department, or benefactor at the institution receiving the gift or contract; (ii)any terms or conditions of the gift or contract;(iii)copies of each written agreement and the terms and conditions of each oral agreement, including all modifications of such agreements, relating to the gift or contract; or(iv)where no written or oral agreement exists, a full statement of all the circumstances relating to the gift or contract.(3)AttestationEach disclosure report under this section shall include a written statement from the individual designated under subsection (a)(3) attesting that the disclosure report is true and complete.; (2)by striking subsections (c) and (d); (3)by redesignating subsections (e) through (h) as subsections (c) through (f), respectively; (4)in subsection (c), as redesignated by paragraph (3), by adding at the end the following: All disclosure reports required by this section, including copies of agreements required under subsection (b)(2)(D)(iii), shall be publicly available, including by electronic means.;(5)by striking subsection (d), as redesignated by paragraph (3), and inserting the following: (d)Enforcement(1)Civil penaltiesUpon determination, after reasonable notice and opportunity for a hearing, that an institution—(A)has violated or failed to carry out any provision of this section or any regulation prescribed under this section (including by submitting a disclosure report with a material misstatement or omission), the Secretary may impose a civil penalty upon such institution of not to exceed, the greater of—(i)$250,000 for an initial violation or failure; or(ii)the value of the unreported gift or contract for an initial violation or failure; (B)commits a second violation or failure as described in subparagraph (A), the Secretary may impose a civil penalty upon such institution of not to exceed, the greater of—(i)$750,000; or (ii)the value of the unreported gift or contract;(C)commits 3 or more violations or failures as described in subparagraph (A)—(i)the Secretary may impose a civil penalty upon such institution of not to exceed, the greater of—(I)$1,000,000; or (II)the value of the unreported gift or contract; and(ii)the institution may be subject to penalties relating to the Student and Exchange Visitor Program and the institution's tax exempt status, as described in sections 4 and 5 of the Foreign Funding Accountability Act of 2021; or(D)commits 3 or more violations or failures as described in subparagraph (A) and has demonstrated a pattern of willful violations, the Secretary may determine that the institution is no longer eligible to receive funds under this Act. (2)Court ordersWhenever it appears that an institution has failed to comply with the requirements of this section, including any rule or regulation promulgated under this section, a civil action may be brought by the Attorney General, at the request of the Secretary, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirements of this section (including for the collection of civil penalties under this subsection). In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Secretary may request the Attorney General to invoke the aid of any court of the United States where such person resides or transacts business for a court order for the enforcement of this section.(3)CostsFor knowing or willful failure to comply with the requirements of this section, including any rule or regulation promulgated thereunder, an institution shall pay to the Treasury of the United States the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement.(4)Investigation; Subpoena authorityThe Secretary shall establish an investigative process to identify gifts or contracts with respect to which a disclosure report under this section is required and has not been submitted. To assist the Secretary in the conduct of investigations of possible violations of this section, the Secretary is authorized to require by subpoena the production of information, documents, reports, answers, records, accounts, papers, and other documentary evidence pertaining to this section. The production of any such records may be required from any place in a State.; (6)in subsection (f)(2), as redesignated by paragraph (3)—(A)in subparagraph (C), by striking and after the semicolon; (B)in subparagraph (D), by adding and after the semicolon; and(C)by adding at the end the following: (E)any person registered under the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.).3.Report on past years required(a)In GeneralNot later than 1 year after the date of enactment of this Act, each institution shall prepare and submit to the Secretary of Education a disclosure report containing the information described in subsection (b) of section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f(b)) (as amended by section 2 of this Act) as required under subsection (a) of such section 117 (as amended by section 2 of this Act) for every qualifying event that has occurred on or after the date of enactment of the Higher Education Amendments of 1998 (Public Law 105–244) and before the date of enactment of this Act.(b)Institutions unable To complyIn the case of an institution that is unable to comply with the requirements of subsection (a) with respect to a qualifying event, that institution shall submit a statement to the Secretary of Education, for each such qualifying event, describing in detail in detail why the institution cannot comply with respect to that qualifying event.(c)WaiverAn institution may request, and the Secretary of Education may grant, a waiver with respect to the report required under this section if the institution demonstrates good cause for requiring such a waiver.(d)Enforcement(1)In GeneralUpon determination, after reasonable notice and opportunity for a hearing, that an institution has violated or failed to carry out any provision of this section or any regulation prescribed under this section (including by submitting a disclosure report with a material misstatement or omission), the Secretary of Education may impose a civil penalty upon such institution not to exceed $25,000 for each qualifying event that the institution has failed to report in accordance with this section.(2)Court ordersWhenever it appears that an institution has failed to comply with the requirements of this section, including any rule or regulation promulgated under this section, a civil action may be brought by the Attorney General, at the request of the Secretary of Education, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirements of this section (including for the collection of civil penalties under this subsection). (3)CostsFor knowing or willful failure to comply with the requirements of this section, including any rule or regulation promulgated thereunder, an institution shall pay to the Treasury of the United States the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement.(4)Investigation; Subpoena authorityThe Secretary of Education shall establish an investigative process to identify gifts or contracts with respect to which a disclosure under this section is required and has not been submitted. The Secretary of Education may use administrative subpoena authority as authorized under law to conduct such investigations.(e)DefinitionsIn this section: (1)InstitutionThe term institution has the meaning given that term in section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f).(2)Qualifying eventIn this section the term qualifying event means an institution—(A)being owned or controlled by a foreign source; or(B)receiving a gift or entering into a contract with a foreign source, the value of which is $25,000 or more (including in-kind gifts, or gifts to university or college foundations), considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year.4.Disqualification from the Student and Exchange Visitor ProgramAny institution of higher education that is found to have violated the disclosure requirements set forth in section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) on 3 or more occasions shall be ineligible to enroll foreign students under the Student and Exchange Visitor Program.5.Loss of tax-exempt statusSection 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:(s)Loss of exempt status for certain institutions of higher educationAn organization which is described in section 501(c)(3) and which is an institution (as defined in section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f)) shall not be exempt from taxation under section 501(a) if there has been a determination under section 117(d) of the Higher Education Act of 1965 that such institution has committed, after the date of the enactment of this section, 3 or more violations or failures described in section 117(d) of the Higher Education Act of 1965..


		II
		111th CONGRESS
		1st Session
		S. 1623
		IN THE SENATE OF THE UNITED STATES

			August 6, 2009
			Mr. Feingold (for
			 himself, Mr. Dodd, and
			 Mr. Menendez) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To prohibit the Secretary of the Interior from issuing
		  new Federal oil and gas leases to holders of existing leases who do not
		  diligently develop the land subject to the existing leases or relinquish the
		  leases, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Responsible Federal Oil and Gas Lease
			 Act.
		2.Issuance of new
			 leases
			(a)DefinitionsIn
			 this section:
				(1)LesseeThe
			 term lessee includes any person or other entity that controls, is
			 controlled by, or is in or under common control with, a lessee.
				(2)SecretaryThe
			 term Secretary means the Secretary of the Interior.
				(b)LeasesEffective
			 beginning on the date of promulgation of regulations under subsection (c), the
			 Secretary shall not issue any new lease that authorizes the exploration for or
			 production of oil or natural gas under section 17 of the Mineral Leasing Act
			 (33 U.S.C. 226), the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et
			 seq.), or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to a
			 person unless the person—
				(1)certifies for each
			 existing lease under those Acts for the production of oil or gas with respect
			 to which the person is a lessee, that the person has diligently developed the
			 Federal land that is subject to the lease in order to produce oil or natural
			 gas or is producing oil or natural gas from the land; or
				(2)has relinquished
			 all Federal oil and gas leases under which oil and gas is not being diligently
			 developed.
				(c)Diligent
			 development
				(1)In
			 generalNot later than 180 days after the date of enactment of
			 this Act, the Secretary shall promulgate regulations that define
			 diligently developed for purposes of this section.
				(2)RegulationsThe
			 regulations shall—
					(A)include benchmarks
			 for oil and gas development that will ensure that leaseholders produce oil and
			 gas from each lease within the original term of the lease; and
					(B)require each
			 leaseholder to submit to the Secretary a diligent development plan
			 demonstrating how the lessee will meet the benchmarks.
					(d)Failure To comply
			 with requirementsAny person that fails to comply with this
			 section (including any regulation or order issued under this section) shall be
			 liable for a civil penalty under the terms and conditions of section 109 of the
			 Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1719).


		I
		112th CONGRESS
		2d Session
		H. R. 6217
		IN THE HOUSE OF REPRESENTATIVES

			July 26, 2012
			Mr. Garamendi (for
			 himself, Mr. Conyers,
			 Mr. Kildee,
			 Mr. Hinchey, and
			 Mr. Lipinski) introduced the following
			 bill; which was referred to the Committee
			 on Oversight and Government Reform, and in addition to the
			 Committee on Ways and
			 Means, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To require 85 percent domestic content in green
		  technologies purchased by Federal agencies or by States with Federal funds and
		  in property eligible for the renewable energy production or investment tax
		  credits.

		1.Short titleThis Act may be cited as the
			 Make it in America: Create Clean
			 Energy Manufacturing Jobs in America Act.
		2.Requirements for
			 purchase of green technologies with 85 percent domestic content for use by
			 Federal Government and States
			(a)Requirement for
			 purchases by Federal GovernmentNotwithstanding chapter 83 of title 41,
			 United States Code (popularly referred to as the Buy American Act), and subject
			 to subsection (c), only green technologies that are 85 percent manufactured in
			 the United States, from articles, materials, or supplies 85 percent of which
			 are grown, produced, or manufactured in the United States, may be acquired for
			 use by the Federal Government.
			(b)Requirement for
			 purchases by States using Federal fundsSubject to subsection
			 (c), Federal funds may not be provided to a State for the purchase of green
			 technologies unless the State agrees that the funds shall be used to purchase
			 only green technologies that are 85 percent manufactured in the United States,
			 from articles, materials, or supplies 85 percent of which are grown, produced,
			 or manufactured in the United States.
			(c)Phase-In of
			 requirementDuring the first three fiscal years occurring after
			 the date of the enactment of this Act, subsections (a) and (b) shall be
			 applied—
				(1)during the first
			 fiscal year beginning after such date of enactment, by substituting 30
			 percent for 85 percent;
				(2)during the second
			 fiscal year beginning after such date of enactment, by substituting 50
			 percent for 85 percent; and
				(3)during the third
			 fiscal year beginning after such date of enactment, by substituting 80
			 percent for 85 percent.
				(d)Green
			 technologies definedIn this
			 Act, the term green technologies means renewable energy and energy
			 efficiency products and services that—
				(1)reduce dependence
			 on unreliable sources of energy by encouraging the use of sustainable biomass,
			 wind, small-scale hydroelectric, solar, geothermal, and other renewable energy
			 and energy efficiency products and services; and
				(2)use hybrid
			 fossil-renewable energy systems.
				(e)Effective
			 dateThis section shall apply to purchases of green technologies
			 on and after October 1 of the first fiscal year beginning after the date of the
			 enactment of this Act.
			3.Renewable energy
			 production and investment tax credits limited to domestically produced
			 property
			(a)Credit for
			 electricity produced from certain renewable resourcesSubsection (d) of section 45 of the
			 Internal Revenue Code of 1986 is amended by adding at the end the following new
			 paragraph:

					(12)Domestic
				content requirement
						(A)In
				generalIn the case of any
				facility originally placed in service after the date of the enactment of the
				Make it in America: Create Clean Energy
				Manufacturing Jobs in America Act, such facility shall not be
				treated as a qualified facility for purposes of this section unless such
				facility is 85 percent manufactured in the United States, from articles,
				materials, or supplies 85 percent of which are grown, produced, or manufactured
				in the United States.
						(B)Transitional
				ruleIn the case of any facility originally placed in service
				before January 1, 2015, subparagraph (A) shall be applied—
							(i)in the case a facility originally placed in
				service during 2012, by substituting 30 percent for 85
				percent both places it appears,
							(ii)in the case a facility originally placed in
				service during 2013, by substituting 50 percent for 85
				percent both places it appears, and
							(iii)in the case a facility originally placed in
				service during 2014, by substituting 80 percent for 85
				percent both places it
				appears.
							.
			(b)Investment
			 energy creditSection 48 of such Code is amended by adding at the
			 end the following new subsection:

					(e)Domestic content
				requirement
						(1)In
				generalIn the case of any
				property for any period after the date of the enactment of the
				Make it in America: Create Clean Energy
				Manufacturing Jobs in America Act, such property shall not be
				treated as energy property for purposes of this section unless such property is
				85 percent manufactured in the United States, from articles, materials, or
				supplies 85 percent of which are grown, produced, or manufactured in the United
				States.
						(2)Transitional
				ruleIn the case of any property for any period before January 1,
				2015, paragraph (1) shall be applied—
							(A)in the case of any period during 2012, by
				substituting 30 percent for 85 percent both
				places it appears,
							(B)in the case of any period during 2013, by
				substituting 50 percent for 85 percent both
				places it appears, and
							(C)in the case of any period during 2014, by
				substituting 80 percent for 85 percent both
				places it
				appears.
							.
			(c)Effective
			 dates
				(1)Production
			 creditThe amendments made by subsection (a) shall apply to
			 facilities originally placed in service after the date of the enactment of this
			 Act.
				(2)Investment
			 creditThe amendments made by subsection (b) shall apply to
			 periods after the date of the enactment of this Act, under rules similar to the
			 rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on
			 the day before the date of the enactment of the Revenue Reconciliation Act of
			 1990).


116 S577 IS: Import Tax Relief Act of 2019
U.S. Senate
2019-02-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 577IN THE SENATE OF THE UNITED STATESFebruary 27, 2019Mr. Lankford (for himself and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo require the establishment of a process for excluding articles imported from the People’s
			 Republic of China from certain duties imposed under section 301 of the
			 Trade Act of 1974, and for other purposes.

 1.Short titleThis Act may be cited as the Import Tax Relief Act of 2019. 2.Process for excluding articles imported from the People’s Republic of China from certain duties imposed under section 301 of the Trade Act of 1974 (a)Establishment of exclusion processNotwithstanding any other provision of law, the President shall establish, in consultation with the United States International Trade Commission (in this section referred to as the Commission), a process pursuant to which United States entities and associations of such entities may request the exclusion of articles imported from the People’s Republic of China from duties described in subsection (b).
 (b)Duties describedThe duties described in this subsection are duties imposed on or after September 24, 2018, pursuant to the investigation—
 (1)initiated under section 301 of the Trade Act of 1974 (19 U.S.C. 2411) on August 18, 2017; and
 (2)with respect to which notice was published in the Federal Register on August 24, 2017 (82 Fed. Reg. 40213).
 (c)Implementation of exclusion processIn implementing the process established under subsection (a), the President shall exclude from the imposition of a duty described subsection (b) an article imported from the People’s Republic of China if the President determines—
 (1)(A)the article is not commercially available (as defined by the Commission) outside of the People’s Republic of China, or is not produced outside of the People’s Republic of China at a cost-competitive price at commercial scale;
 (B)the imposition of the duty on the article would increase consumer prices for day-to-day items consumed by low- or middle-income families in the United States; or
 (C)the article has not been found by a Federal agency to have directly benefited from the non-market-based policies of the People’s Republic of China, including elements of the Made in China 2025 policy; and
 (2)the exclusion of the article can likely be administered by U.S. Customs and Border Protection. (d)Determination of increased consumer pricesThe President shall determine under subsection (c)(1)(B) that the imposition of a duty would increase consumer prices for day-to-day items consumed by low- or middle-income families in the United States if imposition of the duty would cause an increase in—
 (1)the cost of an article listed in Appendix 1 to chapter 17 of the Handbook of Methods of the Bureau of Labor Statistics of the Department of Labor, dated February 14, 2018; or
 (2)the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.
 (e)Collection of dutiesNo duty described in subsection (b) imposed on an article imported into the United States from the People’s Republic of China on or after the date of the enactment of this Act shall be collected on an article until the President has established the exclusion process required by subsection (a).
			(f)Retroactive application for certain liquidations and reliquidations
 (1)In generalNotwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, any entry of an article imported from the People’s Republic of China that would have been subject to a lower rate of duty if the entry had been made after the issuance of an exclusion of the article from the imposition of a duty described in subsection (b) pursuant to the exclusion process established under subsection (a), that was made—
 (A)after the imposition of the duty described in subsection (b) with respect to that article; and
 (B)before the issuance of the exclusion, shall be liquidated or reliquidated as though the entry occurred after the issuance of the exclusion.(2)RequestsA liquidation or reliquidation may be made under paragraph (1) with respect to an entry of an article only if a request therefor is filed with U.S. Customs and Border Protection not later than 180 days after the issuance of an exclusion described in paragraph (1) with respect to that article that contains sufficient information to enable U.S. Customs and Border Protection—
 (A)to locate the entry; or (B)to reconstruct the entry if it cannot be located.
 (3)Payments of amounts owedAny amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under paragraph (1) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be).
 (4)Entry definedIn this subsection, the term entry includes a withdrawal from warehouse for consumption. (g)Exclusion process established by USTRIf the United States Trade Representative establishes an exclusion process as described under the heading Salaries and Expenses under the heading Office of the United States Trade Representative in title IV of division C of the joint explanatory statement of the committee of conference accompanying the Consolidated Appropriations Act, 2019 (Public Law 116–9), the Trade Representative shall establish that process in accordance with this section.
 (h)United States entity definedThe term United States entity means an entity organized under the laws of the United States or any jurisdiction within the United States.


I
112th CONGRESS
2d Session
H. R. 5688
IN THE HOUSE OF REPRESENTATIVES

May 9, 2012
Mr. Hultgren introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To extend the temporary suspension of duty on Pigment Yellow 175.

1.Pigment Yellow 175
(a)In generalHeading 9902.32.19 of the Harmonized Tariff Schedule of the United States (relating to Pigment Yellow 175) is amended by striking the date in the effective period column and inserting 12/31/2015.
(b)Effective dateThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


		II

		109th CONGRESS

		1st Session

		S. 68

		IN THE SENATE OF THE UNITED STATES

			January 24, 2005

			Mr. Inouye introduced

			 the following bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To amend title XIX of the Social Security Act to provide

		  100 percent reimbursement for medical assistance provided to a Native Hawaiian

		  through a federally-qualified health center or a Native Hawaiian health care

		  system.

			1.

			Short title

			This Act may be cited as the

			 Native Hawaiian Medicaid Coverage Act

			 of 2005.

			2.

			100 percent fmap for medical assistance provided to a Native

			 Hawaiian through a federally-qualified health center or a Native Hawaiian

			 health care system under the medicaid program

				(a)

				Medicaid

				The third sentence of

			 section

			 1905(b) of the Social Security

			 Act (42 U.S.C. 1396d(b)) is amended

			 by inserting , and with respect to medical assistance provided to a

			 Native Hawaiian (as defined in section 12 of the Native Hawaiian Health Care

			 Improvement Act) through a federally-qualified health center or a Native

			 Hawaiian health care system (as so defined) whether directly, by referral, or

			 under contract or other arrangement between a federally-qualified health center

			 or a Native Hawaiian health care system and another health care

			 provider before the period.

			(b)Effective

			 dateThe amendment made by this section applies to medical

			 assistance provided on or after the date of enactment of this Act.


110 HR 2802 IH: Local Community Radio Act of

U.S. House of Representatives
2007-06-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 2802
		IN THE HOUSE OF REPRESENTATIVES

			June 21, 2007
			Mr. Doyle (for
			 himself and Mr. Terry) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To implement the recommendations of the Federal
		  Communications Commission report to the Congress regarding low-power FM
		  service.

		1.Short titleThis Act may be cited as the
			 Local Community Radio Act of
			 2007.
		2.FindingsCongress makes the following
			 findings:
			(1)The passage of the Telecommunications Act
			 of 1996 led to increased ownership consolidation in the radio industry.
			(2)At a hearing before the Senate Committee on
			 Commerce, Science, and Transportation, on June 4, 2003, all 5 members of the
			 Federal Communications Commission testified that there has been, in at least
			 some local radio markets, too much consolidation.
			(3)A commitment to localism—local operations,
			 local research, local management, locally-originated programming, local
			 artists, and local news and events—would bolster radio listening.
			(4)Local communities have sought to launch
			 radio stations to meet their local needs. However, due to the scarce amount of
			 spectrum available and the high cost of buying and running a large station,
			 many local communities are unable to establish a radio station.
			(5)In 2003, the average cost to acquire a
			 commercial radio station was more than $2,500,000.
			(6)In January, 2000, the Federal
			 Communications Commission authorized a new, affordable community radio service
			 called low-power FM or LPFM to enhance
			 locally focused community-oriented radio broadcasting.
			(7)Through the creation of LPFM, the
			 Commission sought to create opportunities for new voices on the air
			 waves and to allow local groups, including schools, churches, and other
			 community-based organizations, to provide programming responsive to local
			 community needs and interests.
			(8)The Commission made clear that the creation
			 of LPFM would not compromise the integrity of the FM radio band by stating,
			 We are committed to creating a low-power FM radio service only if it
			 does not cause unacceptable interference to existing radio
			 service..
			(9)Currently, FM translator stations can
			 operate on the second- and third-adjacent channels to full power radio
			 stations, up to an effective radiated power of 250 watts, pursuant to part 74
			 of title 47, Code of Federal Regulations, using the very same transmitters that
			 LPFM stations will use. The Commission based its LPFM rules on the actual
			 performance of these translators that already operate without undue
			 interference to FM stations. The actual interference record of these
			 translators is far more useful than any results that further testing could
			 yield.
			(10)Small rural broadcasters were particularly
			 concerned about a lengthy and costly interference complaint process. Therefore,
			 in September, 2000, the Commission created a simple process to address
			 interference complaints regarding LPFM stations on an expedited basis.
			(11)In December, 2000, Congress delayed the
			 full implementation of LPFM until an independent engineering study was
			 completed and reviewed. This delay was due to some broadcasters’ concerns that
			 LPFM service would cause interference in the FM band.
			(12)The delay prevented millions of Americans
			 from having a locally operated, community based radio station in their
			 neighborhood.
			(13)Over 500 LPFM stations were allowed to
			 proceed despite the congressional action. These stations are currently on the
			 air and are run by local government agencies, groups promoting arts and
			 education to immigrant and indigenous peoples, artists, schools, religious
			 organizations, environmental groups, organizations promoting literacy, and many
			 other civically-oriented organizations.
			(14)After 2 years and the expenditure of
			 $2,193,343 in taxpayer dollars to conduct this study, the broadcasters’
			 concerns were demonstrated to be unsubstantiated.
			(15)Minorities represent almost a third of our
			 population. However, according to the Federal Communication Commission's most
			 recent Form 323 data on the race and gender of full power, commercial broadcast
			 licensees, minorities own only 7 percent of all local television and radio
			 stations. Women represent more than half of the population, but own only 6
			 percent of all local television and radio stations. LPFM stations, while not a
			 solution to the overall inequalities in minority and female broadcast
			 ownership, provide an additional opportunity for underrepresented communities
			 to operate a station and provide local communities with a greater diversity of
			 viewpoints and culture.
			(16)LPFM stations have proven to be a vital
			 source of information during local or national emergencies. Out of the few
			 stations that were able to stay online during Katrina, several were LPFM
			 stations. In Bay St. Louis, Mississippi, LPFM station WQRZ remained on the air
			 during Hurricane Katrina and served as the Emergency Operations Center for
			 Hancock County. Additionally, after Hurricane Katrina when thousands of
			 evacuees temporarily housed at the Houston Astrodome were unable to hear
			 information about the availability of food and ice, the location of FEMA
			 representatives, and the whereabouts of missing loved ones over the loud
			 speakers, volunteers handed out thousands of transistor radios and established
			 a LPFM station outside the Astrodome to broadcast such information.
			3.Repeal of prior
			 lawSection 632 of the
			 Departments of Commerce, Justice, and State, the Judiciary, and Related
			 Agencies Appropriations Act, 2001 (Public Law 106–553; 114 Stat. 2762A–111), is
			 repealed.
		4.Minimum distance
			 separation requirementsThe
			 Federal Communications Commission shall modify its rules to eliminate
			 third-adjacent minimum distance separation requirements between—
			(1)low-power FM stations; and
			(2)full-service FM stations, FM translator
			 stations, and FM booster stations.
			5.Protection of radio
			 reading servicesThe Federal
			 Communications Commission shall retain its rules that provide third-adjacent
			 channel protection for full-power non-commercial FM stations that broadcast
			 radio reading services via a subcarrier frequency from potential low-power FM
			 station interference.
		6.Ensuring availability
			 of spectrum for LPFM stationsThe Federal Communications Commission when
			 licensing FM translator stations shall ensure—
			(1)that licenses are available to both FM
			 translator stations and low-power FM stations; and
			(2)that such decisions are made based on the
			 needs of the local community.


		II
		110th CONGRESS
		1st Session
		S. 1445
		IN THE SENATE OF THE UNITED STATES

			May 22, 2007
			Mr. Kennedy (for himself
			 and Mrs. Hutchison) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Public Health Service Act to
		  direct the Secretary of Health and Human Services to establish, promote, and
		  support a comprehensive prevention, research, and medical management referral
		  program for hepatitis C virus infection.

		1.Short titleThis Act may be cited as the
			 Hepatitis C Epidemic Control and
			 Prevention Act.
		2.FindingsCongress makes the following
			 findings:
			(1)Approximately 5,000,000 Americans are
			 infected with the hepatitis C virus (referred to in this section as
			 HCV), and more than 3,000,000 Americans are chronically
			 infected, leading the Centers for Disease Control and Prevention (referred to
			 in this section as the CDC) to recognize HCV as the Nation’s
			 most common chronic blood-borne virus infection.
			(2)According to the CDC, nearly 2 percent of
			 the population of the United States have been infected with HCV.
			(3)The CDC conservatively estimates that
			 approximately 30,000 Americans are newly infected with HCV each year, and that
			 number has been growing since 2001.
			(4)HCV infection, in the United States, is the
			 most common cause of chronic liver disease, liver cirrhosis, and liver cancer,
			 the most common indication for liver transplant, and the leading cause of death
			 in people with HIV/AIDS. In addition, there may be links between HCV and
			 certain other diseases, given that a high number of people infected with HCV
			 also suffer from type 2 diabetes, lymphoma, thyroid and certain blood
			 disorders, and autoimmune disease. Moreover, methamphetamine abuse—which is a
			 matter of increasing concern to Congress and public health officials across the
			 country—is recognized by the National Institute on Drug Abuse to be
			 inextricably linked to HCV.
			(5)The majority of individuals infected with
			 HCV are unaware of their infection. Individuals infected with HCV serve as a
			 source of transmission to others and, since few individuals are aware they are
			 infected, they are unlikely to take precautions to prevent the spread or
			 exacerbation of their infection.
			(6)There is no vaccine available to prevent
			 HCV infection.
			(7)Treatments are available that can eradicate
			 the disease in approximately 50 percent of those who are treated, and
			 behavioral changes can slow the progression of the disease.
			(8)Conservative estimates place the costs of
			 direct medical expenses for HCV at more than $1,000,000,000 in the United
			 States annually, and such costs will undoubtedly increase in the absence of
			 expanded prevention and treatment efforts.
			(9)To combat the HCV epidemic in the United
			 States, the CDC developed Recommendations for Prevention and Control of
			 Hepatitis C Virus (HCV) Infection and HCV-Related Chronic Disease in 1998 and
			 the National Hepatitis C Prevention Strategy in 2001, and the National
			 Institutes of Health convened Consensus Development Conferences on the
			 Management of Hepatitis C in 1997 and 2002. These recommendations and
			 guidelines provide a framework for HCV prevention, control, research, and
			 medical management referral programs.
			(10)The Department of Veterans Affairs
			 (referred to in this paragraph as the VA), which cares for more
			 people infected with HCV than any other health care system, is the Nation’s
			 leader in HCV screening, testing, and treatment. Since 1998, it has been the
			 VA’s policy to screen for HCV risk factors all veterans receiving VA health
			 care, and the VA currently recommends testing for all those who are found to be
			 at risk for the virus and for all others who wish to be tested.
			 In fiscal year 2004, over 98 percent of VA patients had been screened for HCV
			 risk factors, and over 90 percent of those at risk were tested.
			 For all veterans who test positive for HCV and enroll in VA medical care, the
			 VA offers medications that can help HCV or its complications. The VA also has
			 programs for HCV patient and provider education, clinical care, data-based
			 quality improvement, and research, and it has 4 Hepatitis C Resource Centers to
			 develop and disseminate innovative practices and tools to improve patient care.
			 This comprehensive program should be commended and could potentially serve as a
			 model for future HCV programs.
			(11)Federal support is necessary to increase
			 knowledge and awareness of HCV and to assist State and local prevention and
			 control efforts.
			3.Prevention, control,
			 and medical management of hepatitis cTitle III of the
			 Public Health Service Act
			 (42 U.S.C.
			 241 et seq.) is amended by adding at the end the
			 following:

				SPrevention,
				control, and medical management of hepatitis c
					399II.Federal Plan for
				the prevention, control, and medical management of hepatitis c
						(a)In
				generalThe Secretary shall
				develop and implement a plan for the prevention, control, and medical
				management of the hepatitis C virus (referred to in this part as
				HCV) that includes strategies for education and training,
				surveillance and early detection, and research.
						(b)Input in
				development of PlanIn
				developing the plan under subsection (a), the Secretary shall—
							(1)be guided by existing recommendations of
				the Centers for Disease Control and Prevention (referred to in this part as the
				CDC) and the National Institutes of Health, and the
				comprehensive HCV programs that have been implemented by the Department of
				Veterans Affairs, including the Hepatitis C Resource Center program; and
							(2)consult with—
								(A)the Director of the CDC;
								(B)the Director of the National Institutes of
				Health;
								(C)the Administrator of the Health Resources
				and Services Administration;
								(D)the heads of other Federal agencies or
				offices providing services to individuals with HCV infections or the functions
				of which otherwise involve HCV;
								(E)medical advisory bodies that address issues
				related to HCV; and
								(F)the public, including—
									(i)individuals infected with the HCV;
				and
									(ii)advocates concerned with issues related to
				HCV.
									(c)Biennial
				assessment of Plan
							(1)In
				generalThe Secretary shall
				conduct a biennial assessment of the plan developed under subsection (a) for
				the purpose of incorporating into such plan new knowledge or observations
				relating to HCV and chronic HCV (such as knowledge and observations that may be
				derived from clinical, laboratory, and epidemiological research and disease
				detection, prevention, and surveillance outcomes) and addressing gaps in the
				coverage or effectiveness of the plan.
							(2)Publication of
				notice of assessmentsNot
				later than October 1 of the first even numbered year beginning after the date
				of enactment of the Hepatitis C Epidemic
				Control and Prevention Act, and October 1 of each even numbered
				year thereafter, the Secretary shall publish in the Federal Register a notice
				of the results of the assessments conducted under paragraph (1). Such notice
				shall include—
								(A)a description of any revisions to the plan
				developed under subsection (a) as a result of the assessment;
								(B)an explanation of the basis for any such
				revisions, including the ways in which such revisions can reasonably be
				expected to further promote the original goals and objectives of the plan;
				and
								(C)in the case of a determination by the
				Secretary that the plan does not need revision, an explanation of the basis for
				such determination.
								399JJ.Elements of the
				Federal Plan for the prevention, control, and medical management of hepatitis
				c
						(a)Education and
				trainingThe Secretary,
				acting through the Director of the CDC, shall implement programs to increase
				awareness and enhance knowledge and understanding of HCV. Such programs shall
				include—
							(1)the conduct of health education, public
				awareness campaigns, and community outreach activities to promote public
				awareness and knowledge about risk factors, the transmission and prevention of
				infection with HCV, the value of screening for the early detection of HCV
				infection, and options available for the treatment of chronic HCV;
							(2)the training of healthcare professionals
				regarding the prevention, detection, and medical management of the hepatitis B
				virus (referred to in this part as HBV) and HCV, and the
				importance of vaccinating HCV-infected individuals and those at risk for HCV
				infection against the hepatitis A virus and HBV; and
							(3)the development and distribution of
				curricula (including information relating to the special needs of individuals
				infected with HBV or HCV, such as the importance of early intervention and
				treatment and the recognition of psychosocial needs) for individuals providing
				hepatitis counseling, as well as support for the implementation of such
				curricula by State and local public health agencies.
							(b)Early detection
				and surveillance
							(1)In
				generalThe Secretary, acting
				through the Director of the CDC, shall support activities described in
				paragraph (2) to promote the early detection of HCV infection, identify risk
				factors for infection, and conduct surveillance of HCV infection trends.
							(2)Activities
								(A)Voluntary
				testing programs
									(i)In
				generalThe Secretary shall
				support and promote the development of State, local, and tribal voluntary HCV
				testing programs to aid in the early identification of infected
				individuals.
									(ii)Confidentiality
				of test resultsThe results
				of a HCV test conducted by a testing program developed or supported under this
				subparagraph shall be considered protected health information (in a manner
				consistent with regulations promulgated under section 264(c) of the
				Health Insurance Portability and Accountability
				Act of 1996 and may not be used for any of the following:
										(I)Issues relating to health insurance.
										(II)To screen or determine suitability for
				employment.
										(III)To discharge a person from
				employment.
										(B)Counseling
				regarding viral hepatitisThe
				Secretary shall support State, local, and tribal programs in a wide variety of
				settings, including those providing primary and specialty healthcare services
				in nonprofit private and public sectors, to—
									(i)provide individuals with information about
				ongoing risk factors for HCV infection with client-centered education and
				counseling that concentrates on changing behaviors that place them at risk for
				infection; and
									(ii)provide individuals infected with HCV with
				education and counseling to reduce the risk of harm to themselves and
				transmission of the virus to others.
									(C)Vaccination
				against viral hepatitisWith
				respect to individuals infected, or at risk for infection, with HCV, the
				Secretary shall provide for—
									(i)the vaccination of such individuals against
				hepatitis A virus, HBV, and other infectious diseases, as appropriate, for
				which such individuals may be at increased risk; and
									(ii)the counseling of such individuals
				regarding hepatitis A, HBV, and other viral hepatides.
									(D)Medical
				referralThe Secretary shall
				support—
									(i)referral of persons infected with or at
				risk for HCV, for drug or alcohol abuse treatment where appropriate; and
									(ii)referral of persons infected with
				HCV—
										(I)for medical evaluation to determine their
				stage of chronic HCV and suitability for antiviral treatment; and
										(II)for ongoing medical management of
				HCV.
										(3)Hepatitis C
				CoordinatorsThe Secretary,
				acting through the Director of the CDC, shall, upon request, provide a
				Hepatitis C Coordinator to a State health department in order to enhance the
				management, networking, and technical expertise needed to ensure successful
				integration of HCV prevention and control activities into existing public
				health programs.
							(c)Surveillance
				and epidemiology
							(1)In
				generalThe Secretary shall
				promote and support the establishment and maintenance of State HCV surveillance
				databases, in order to—
								(A)identify risk factors for HCV
				infection;
								(B)identify trends in the incidence of acute
				and chronic HCV;
								(C)identify trends in the prevalence of HCV
				infection among groups that may be disproportionately affected by HCV,
				including individuals living with HIV, military veterans, emergency first
				responders, racial or ethnic minorities, and individuals who engage in high
				risk behaviors, such as intravenous drug use; and
								(D)assess and improve HCV infection prevention
				programs.
								(2)ConfidentialityInformation contained in the databases
				under paragraph (1) shall be de-identified in a manner consistent with
				regulations under section 264(c) of the Health
				Insurance Portability and Accountability Act of 1996.
							(d)Research
				networkThe Secretary, acting
				through the Director of the CDC and the Director of the National Institutes of
				Health, shall—
							(1)conduct epidemiologic research to identify
				best practices for HCV prevention;
							(2)establish and support a Hepatitis C
				Clinical Research Network for the purpose of conducting research related to the
				treatment and medical management of HCV; and
							(3)conduct basic research to identify new
				approaches to prevention (such as vaccines) and treatment for HCV.
							(e)Referral for
				medical management of chronic HCVThe Secretary shall support and promote
				State, local, and tribal programs to provide HCV-positive individuals with
				referral for medical evaluation and management, including currently recommended
				antiviral therapy when appropriate.
						(f)Underserved and
				disproportionately affected populationsIn carrying out this section, the Secretary
				shall provide expanded support for individuals with limited access to health
				education, testing, and healthcare services and groups that may be
				disproportionately affected by HCV.
						(g)Evaluation of
				programThe Secretary shall
				develop benchmarks for evaluating the effectiveness of the programs and
				activities conducted under this section and make determinations as to whether
				such benchmarks have been achieved.
						399KK.Grants
						(a)In
				generalThe Secretary may
				award grants to, or enter into contracts or cooperative agreements with,
				States, political subdivisions of States, Indian tribes, or nonprofit entities
				that have special expertise relating to HCV, to carry out activities under this
				part.
						(b)ApplicationTo be eligible for a grant, contract, or
				cooperative agreement under subsection (a), an entity shall prepare and submit
				to the Secretary an application at such time, in such manner, and containing
				such information as the Secretary may require.
						399LL.Authorization of
				appropriationsThere are
				authorized to be appropriated to carry out this part $90,000,000 for fiscal
				year 2008, and $72,000,000 for each of fiscal years 2009 through
				2012.
					.


		II
		111th CONGRESS
		1st Session
		S. 1955
		IN THE SENATE OF THE UNITED
		  STATES

			October 28, 2009
			Mr. Casey introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on acrylic
		  resin solution.

		1.Acrylic resin solution
			(a)In generalSubchapter II of chapter 99 of the
			 Harmonized Tariff Schedule of the United States is amended by inserting in
			 numerical sequence the following new heading:

								9902.01.00Acrylic resin solution, beta-hydroxyethyl acrylate, acrylic
						acid, styrene, 2-ethylhexyl acrylate, butyl methacrylate polymer (CAS No.
						63076–05–1) (provided for in subheading 3906.90.50)FreeNo
						changeNo changeOn or before 12/31/2011

					.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies to goods entered, or withdrawn from warehouse for
			 consumption, on or after the 15th day after the date of the enactment of this
			 Act.


110 HR 6733 IH: Midwest Schools Disaster Recovery Act
U.S. House of Representatives
2008-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS
2d Session
H. R. 6733
IN THE HOUSE OF REPRESENTATIVES

July 31, 2008
Mr. Hare (for himself, Mr. Loebsack, Mr. Davis of Illinois, Mr. Braley of Iowa, Mr. Boswell, Mr. Latham, Mr. Jackson of Illinois, Mr. Shimkus, and Ms. Schakowsky) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL
To provide assistance to local educational agencies in areas of the Midwest adversely affected by storms and severe flooding that occurred in May and June, 2008, and for other purposes.

1.Short titleThis Act may be cited as the Midwest Schools Disaster Recovery Act.
2.DefinitionsUnless otherwise specified in this Act, the terms used in this Act have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
3.Immediate aid to restart school operations
(a)PurposeIt is the purpose of this section—
(1)to provide immediate services or assistance to local educational agencies in Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, and Wisconsin that serve an area in which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related to storms and severe flooding in the Midwest during the months of May and June, 2008;
(2)to assist school administrators and personnel of such agencies with expenses related to the restart of operations in, the re-opening of, and the re-enrollment of students in, public elementary schools and secondary schools in such areas; and
(3)to assist education service agencies with expenses related to the continuation of services provided to public elementary and secondary schools in such areas.
(b)Payments AuthorizedFrom amounts appropriated to carry out this Act, the Secretary of Education is authorized to make payments, on such basis as the Secretary determines appropriate, taking into consideration the number of students who were enrolled, during the 2007–2008 school year, in elementary schools and secondary schools that were adversely impacted by the Midwest floods of May and June 2008 to State educational agencies in Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, and Wisconsin to enable such agencies to provide services or assistance to local educational agencies serving an area in which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related to severe storms and flooding in the Midwest during the months of May and June.
(c)Eligibility, Consideration, and EquityFrom the payment provided by the Secretary of Education under subsection (b), the State educational agency shall provide services and assistance to local educational agencies consistent with the provisions of this section. In determining the amount to be provided for services or assistance under this section, the State educational agency shall consider the following:
(1)The number of school-aged children served by the local educational agency in the academic year preceding the academic year for which the services or assistance are provided, or in the case of an education service agency, the number of school-aged children served by public elementary and secondary schools within the education service agency area.
(2)The severity of the impact of the Midwest floods of May and June 2008 on the local educational agency and the extent of the needs in each local educational agency in Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, and Wisconsin that is in an area in which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related to severe storms and flooding in the Midwest during the months of May and June.
(3)The cost of operating schools in geographically isolated and rural areas to ensure proportionate distribution of funds.
(4)After making allocations to eligible local education agencies, any remaining funds shall be distributed to education service agencies serving an area in Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, and Wisconsin that serve an area in which a major disaster has been declared in accordance with section 401 of the Stafford Act, related to storms and severe flooding in the Midwest during the months of May and June 2008.
(d)ApplicationsEach local educational agency desiring services or assistance under this section shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may reasonably require to ensure expedited and timely provision of services or assistance to the local educational agency.
(e)Uses of Funds
(1)In generalA local educational agency or education service agency receiving services or assistance from the State educational agency under this section shall use such services or assistance for—
(A)recovery of student and personnel data, and other electronic information;
(B)replacement of school district information systems, including hardware and software;
(C)financial operations;
(D)reasonable transportation costs;
(E)rental of mobile educational units and leasing of neutral sites or spaces;
(F)initial replacement of instructional materials and equipment, including textbooks;
(G)redeveloping instructional plans, including curriculum development;
(H)initiating and maintaining education and support services, including specialized instructional support services; and
(I)such other activities related to the purpose of this section that are approved by the Secretary.
(2)Use with other available fundsA local educational agency receiving services or assistance under this section may use such services or assistance in coordination with other Federal, State, or local funds available for the activities described in paragraph (1).
(3)Special rulesServices or assistance provided under this section shall not be used for construction or major renovation of schools or education service agencies.
(f)Supplement Not Supplant
(1)In generalExcept as provided in paragraph (2), services or assistance made available under this section shall be used to supplement, not supplant, any funds made available through the Federal Emergency Management Agency or through a State.
(2)ExceptionParagraph (1) shall not prohibit the provision of Federal assistance under this section to an eligible State educational agency or local educational agency that is or may be entitled to receive, from another source, benefits for the same purposes as under this section if—
(A)such State educational agency or local educational agency has not received such other benefits by the time of application for Federal assistance under this section; and
(B)such State educational agency or local educational agency, agrees to repay all duplicative Federal assistance received to carry out the purposes of this section.
(g)Authorization of appropriationsThere are authorized to be appropriated to carry out this section such sums as may be necessary.
4.Hold harmless for local educational agencies serving major disaster areasIn the case of a local educational agency that serves an area in which the President has declared that a major disaster exists in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related to severe storms and flooding in the Midwest during the months of May and June, the amount made available for such local educational agency under each of sections 1124, 1124A, 1125, and 1125A of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333, 6334, 6335, and 6337) for fiscal year 2009 shall be not less than the amount made available for such local educational agency under each of such sections for fiscal year 2008.
5.Regulatory and financial relief
(a)Waiver AuthoritySubject to subsections (b) and (c), in providing any grant or other assistance, directly or indirectly, to an entity in an affected State in which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related to storms and severe flooding in the Midwest during the months of May and June 2008, the Secretary of Education may, as applicable, waive or modify, in order to ease fiscal burdens, any requirement relating to the following:
(1)Maintenance of effort.
(2)The use of Federal funds to supplement, not supplant, non-Federal funds.
(3)Any non-Federal share or capital contribution required to match Federal funds provided under programs administered by the Secretary of Education.
(b)DurationA waiver under this section shall be for the fiscal year 2009 and each subsequent fiscal year, if necessary.
(c)Limitations
(1)Relation to ideaNothing in this section shall be construed to waive or modify any provision of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
(2)Maintenance of effortIf the Secretary grants a waiver or modification under this section waiving or modifying a requirement relating to maintenance of effort for fiscal year 2009, the level of effort required for fiscal year 2010 shall not be reduced because of the waiver or modification.
6.Temporary emergency impact aid for displaced students
(a)Temporary Emergency Impact Aid Authorized
(1)Aid to state educational agenciesFrom amounts appropriated to carry out this Act, the Secretary of Education shall provide emergency impact aid to State educational agencies to enable the State educational agencies to make emergency impact aid payments to eligible local educational agencies and eligible BIA-funded schools to enable such eligible local educational agencies and schools to provide for the instruction of students served by such agencies and schools.
(2)Aid to local educational agencies and bia-funded schoolsA State educational agency shall make emergency impact aid payments to eligible local educational agencies and eligible BIA-funded schools in accordance with subsection (d).
(3)Notice of funds availabilityNot later than 14 calendar days after the date of enactment of this Act, the Secretary of Education shall publish in the Federal Register a notice of the availability of funds under this section.
(b)DefinitionsIn this section:
(1)Displaced studentThe term displaced student means a student who enrolled in an elementary school or secondary school (other than the school that the student was enrolled in, or was eligible to be enrolled in, the 2007–2008 school year) because such student resides or resided on May 1, 2008, in an area for which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), related to severe storms and flooding in the Midwest during the months of May and June.
(2)Eligible local educational agenciesThe term eligible local educational agency means a local educational agency that serves an elementary school or secondary school which there is enrolled a displaced student.
(3)Eligible bia-funded schoolIn this section, the term eligible BIA-funded school means a school funded by the Bureau of Indian Affairs in which there is enrolled a displaced student.
(c)Application
(1)State educational agencyA State educational agency that desires to receive emergency impact aid under this section shall submit an application to the Secretary of Education, not later than 14 calendar days after the date by which an application under paragraph (2) must be submitted, in such manner, and accompanied by such information as the Secretary of Education may reasonably require, including information on the total displaced student child count of the State provided by eligible local educational agencies in the State and eligible BIA-funded schools in the State under paragraph (2).
(2)Local educational agencies and bia-funded schoolsAn eligible local educational agency or eligible BIA-funded school that desires an emergency impact aid payment under this section shall submit an application to the State educational agency, not later than 14 calendar days after the date of the publication of the notice described in subsection (a)(4), in such manner, and accompanied by such information as the State educational agency may reasonably require, including documentation submitted quarterly for the 2007–2008 school year that indicates the following:
(A)In the case of an eligible local educational agency, the number of displaced students enrolled in the elementary schools and secondary schools (and including the number of displaced students who are children with disabilities) served by such agency for such quarter.
(B)In the case of an eligible BIA-funded school, the number of displaced students, including the number of displaced students who are children with disabilities, enrolled in such school for such quarter.
(3)Determination of number of displaced studentsIn determining the number of displaced students for a quarter under paragraph (2), an eligible local educational agency or eligible BIA-funded school shall include the number of displaced students served in the case of a determination for each quarterly installment, during the quarter immediately preceding the quarter for which the installment is provided.
(d)Amount of Emergency Impact Aid
(1)Aid to state educational agencies
(A)In generalThe amount of emergency impact aid received by a State educational agency for the 2008–2009 school year shall equal the sum of—
(i)the product of the number of displaced students (who are not children with disabilities), as determined by the eligible local educational agencies and eligible BIA-funded schools in the State under subsection (c)(2), times $7,000; and
(ii)the product of the number of displaced students who are children with disabilities, as determined by the eligible local educational agencies and eligible BIA-funded schools in the State under subsection (c)(2), times $8,500.
(B)Insufficient fundsIf the amount available under this section to provide emergency impact aid under this subsection is insufficient to pay the full amount that a State educational agency is eligible to receive under this section, the Secretary of Education shall ratably reduce the amount of such emergency impact aid.
(2)Aid to eligible local educational agencies and eligible bia-funded schools
(A)In generalA State educational agency shall provide emergency impact aid payments under this section on a quarterly basis for the 2008–2009 school year by such dates as determined by the Secretary of Education. Such quarterly installment payments shall be based on the number of displaced students reported under subsection (c)(2) and in the amount determined under subparagraph (B).
(B)Payment amountEach quarterly installment payment under subparagraph (A) shall equal 25 percent of the sum of—
(i)the number of displaced students (who are not children with disabilities) reported by the eligible local educational agency or eligible BIA-funded school for such quarter (as determined under subsection (c)(2)) times $7,000; and
(ii)the number of displaced students who are children with disabilities reported by the eligible local educational agency or eligible BIA-funded school for such quarter (as determined under subsection (c)(2)) times $8,500.
(C)TimelineThe Secretary of Education shall establish a timeline for quarterly reporting on the number of displaced students in order to make the appropriate disbursements in a timely manner.
(D)Insufficient fundsIf, for any quarter, the amount available under this section to make payments under this subsection is insufficient to pay the full amount that an eligible local educational agency or eligible BIA-funded school is eligible to receive under this section, the State educational agency shall ratably reduce the amount of such payments.
(3)Displaced studentsSubject to the succeeding sentence, an eligible local educational agency or eligible BIA-funded school receiving emergency impact aid payments under this section shall use the payments to provide services and assistance to elementary schools and secondary schools (including charter schools) served by such agency, or to such BIA-funded school, that enrolled a displaced student.
(e)Use of Funds
(1)Authorized usesThe authorized uses of funds are the following:
(A)Paying the compensation of personnel, including teacher aides, in schools enrolling displaced students.
(B)Identifying and acquiring curricular material, including the costs of providing additional classroom supplies, and mobile educational units and leasing sites or spaces.
(C)Basic instructional services for such students, including tutoring, mentoring, or academic counseling.
(D)Reasonable transportation costs.
(E)Health and counseling services.
(F)Education and support services.
(2)ProhibitionFunds received under this section shall not be used for construction or major renovation of schools.
(3)Provision of special education and related services
(A)In generalIn the case of a displaced student who is a child with a disability, any payment made on behalf of such student to an eligible local educational agency shall be used to pay for special education and related services consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
(B)DefinitionsIn this paragraph:
(i)Special education; related servicesThe terms special education and related services have the meaning given such terms in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).
(ii)Individualized education programThe term individualized education program has the meaning given the term in section 614(d)(2) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(2)).
(f)Return of Aid
(1)Eligible local educational agency or eligible bia-funded schoolAn eligible local educational agency or eligible BIA-funded school that receives an emergency impact aid payment under this section shall return to the State educational agency any payment provided to the eligible local educational agency under this section that the eligible local educational agency has not obligated by the end of the 2008–2009 school year in accordance with this section.
(2)State educational agencyA State educational agency that receives emergency impact aid under this section, shall return to the Secretary of Education—
(A)any aid provided to the agency under this section that the agency has not obligated by the end of the 2008–2009 school year in accordance with this section; and
(B)any payment funds returned to the State educational agency under paragraph (1).
(g)Limitation on Use of Aid and PaymentsAid and payments provided under this section shall only be used for expenses incurred during the 2008–2009 school year.
(h)Administrative ExpensesA State educational agency that receives emergency impact aid under this section may use not more than 1 percent of such aid for administrative expenses. An eligible local educational agency or eligible BIA-funded school that receives emergency impact aid payments under this section may use not more than 2 percent of such payments for administrative expenses.
(i)Special Funding RuleIn calculating funding under section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) for an eligible local educational agency that receives an emergency impact aid payment under this section, the Secretary of Education shall not count displaced students served by such agency for whom an emergency impact aid payment is received under this section, nor shall such students be counted for the purpose of calculating the total number of children in average daily attendance at the schools served by such agency as provided in section 8003(b)(3)(B)(i) of such Act (20 U.S.C. 7703(b)(3)(B)(i)).
(j)General provisionNothing in this Act may be construed to alter or modify the provisions of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(k)Treatment of State AidA State shall not take into consideration emergency impact aid payments received under this section by a local educational agency in the State in determining the eligibility of such local educational agency for State aid, or the amount of State aid, with respect to free public education of children.
(l)Authorization of appropriationsThere are authorized to be appropriated to carry out this section such sums as may be necessary.
7.Assistance for homeless youth
(a)In generalThe Secretary of Education shall provide assistance to local educational agencies serving children and youth who are homeless as a result of storms and severe flooding in the Midwest during the months of May and June, 2008, consistent with section 723 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11433), including identification, enrollment assistance, assessment and school placement assistance, transportation, coordination of school services, supplies, referrals for health, mental health, and other needs.
(b)Exception and distribution of funds
(1)ExceptionFor the purposes of providing assistance under subsection (a), subsections (c) and (e)(1) of section 722 and subsections (b) and (c) of section 723 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(c) and (e)(1), 11433(b) and (c)) shall not apply.
(2)DisbursementThe Secretary of Education shall disburse funding provided under subsection (a) to State educational agencies based on need, as determined by the Secretary, and such State educational agencies shall distribute funds, that are appropriated under this Act and available to carry out this section, to local educational agencies based on demonstrated need, for the purposes of carrying out section 723 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11433).
(c)CoordinationServices provided under this section shall be provided in coordination and collaboration with the local educational agency liaison designated under section 722(g)(1)(J)(ii)) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)).
(d)Ensuring benefitsChildren and youth who are homeless, as such term is defined in section 725(2)of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), as a result of storms and severe flooding in the Midwest during the months of May and June, 2008, shall be eligible for all the rights and services provided to homeless children and youth under subtitle B of title VIII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), the Head Start Act (42 U.S.C. 9801 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400), and the Child Nutrition Act (42 U.S.C. 1751).
(e)ClarificationChildren and youth who have obtained a permanent residence are no longer eligible for services under this section.
(f)Authorization of appropriationsThere are authorized to be appropriated to carry out this section such sums as may be necessary.
8.Sunset provisionThis Act shall be effective for the period beginning on the date of enactment of this Act and ending on August 1, 2009.