113 S2849 IS: Developing Innovative Partnerships and Learning Opportunities that Motivate Achievement Act
U.S. Senate
2014-09-17
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.

II113th Congress2d SessionS. 2849IN THE SENATE OF THE UNITED STATESSeptember 17 (legislative day, September 16), 2014Mr. Sanders (for himself and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo strengthen student achievement and graduation rates and prepare youth for postsecondary
			 education at institutions of higher education, careers, and citizenship
			 through innovative partnerships that meet the comprehensive needs of
			 youth. 1.Short
			 title; table of contents(a)Short
			 titleThis Act may be cited
			 as the Developing Innovative
			 Partnerships and Learning Opportunities that Motivate Achievement
			 Act or the DIPLOMA Act.(b)Table of
			 contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.
					Sec. 2. Purposes.
					Sec. 3. Definitions.
					Sec. 4. Program authorized; allotment to States.
					Sec. 5. State youth strategy.
					Sec. 6. Coordinating body; State applications.
					Sec. 7. State use of funds.
					Sec. 8. Local consortium application; local youth strategy.
					Sec. 9. Local use of funds.
					Sec. 10. Construction.
					Sec. 11. Accountability and transparency.
					Sec. 12. Authorization of appropriations.
				2.PurposesThe purposes of this Act are—(1)to create
			 engaging learning experiences that—(A)strengthen
			 academic achievement, build civic capacity, and provide a continuum of
			 supports
			 and opportunities for youth  and their families; and(B)prepare youth for postsecondary education at institutions of higher education, careers,
			 and citizenship through results-focused
			 partnerships at all levels that mobilize and coordinate school and
			 community
			 resources;(2)to ensure the
			 academic, physical, social, emotional, health, mental health, and civic
			 development of disadvantaged youth and thereby strengthen their families
			 and
			 communities;(3)to engage and
			 support parents, caregivers, and families in their role as first educators
			 of
			 their children;(4)to promote community engagement in the academic and developmental needs of youth and family
			 engagement in the academic and developmental needs of youth;(5)to leverage and
			 integrate the human and financial assets of local communities, schools,
			 State
			 governments, the Federal Government, and the natural assets of
			 communities—(A)toward better
			 results for youth and families; and(B)for sustained
			 civic capacity; and(6)to develop
			 strategies that achieve key results, such as full-service community
			 schools,
			 community-based, integrated student services, and related approaches that
			 meet
			 the comprehensive needs of youth.3.DefinitionsIn this Act:(1)Chronically absentThe term chronically absent means missing—(A)20 school days in an academic year; or(B)10 percent of the school days in such
			 academic year.(2)Community-based,
			 integrated student servicesThe term community-based,
			 integrated student services means interventions, coordinated through a
			 single point of contact, that improve student achievement by connecting
			 community resources with the academic and social service needs of
			 students.(3)Community
			 engagement in the academic and developmental needs of youth(A)In
			 generalThe term community engagement in the academic and developmental needs of youth
			 means systematic efforts to involve, engage, and collaborate with parents,
			 community residents, members of school communities, community partners,
			 and
			 other stakeholders in exploring the needs of their students and schools,
			 developing plans to address those needs, and working together to address
			 those
			 needs.(B)InclusionsThe
			 term includes effective community engagement in an ongoing process to—(i)develop a
			 welcoming school and school system;(ii)mobilize the community’s assets to support
			 student achievement and growth;(iii)engage those individuals and stakeholders who
			 traditionally have not participated;(iv)improve working relationships; and(v)deepen
			 the commitment to student success.(4)Family
			 engagement in the academic and developmental needs of youthThe term family engagement in the academic and developmental needs of youth means a shared responsibility of families and schools for
			 student success, in which schools and community-based organizations are
			 committed to reaching out to engage families in meaningful ways that
			 encourage
			 the families to actively support the learning and development of their
			 children, as
			 well as the learning and development of other youth. The shared
			 responsibility is continuous from birth through young adulthood and
			 reinforces
			 learning that takes place in the home, school, and community.(5)Full-service
			 community schoolThe term full-service community
			 school means a public elementary school or secondary school that—(A)participates in a
			 community-based effort to coordinate educational, developmental, family,
			 health, and other comprehensive services through community-based
			 organizations
			 and specialized instructional support personnel employed by the school or
			 the
			 local educational agency, and public and private partnerships; and(B)provides access
			 to such services to students, families, and the community, such as access
			 during the school year (including before- and after-school hours) and
			 during the summer.(6)Institution of higher educationThe term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C.
			 1001).(7)Local
			 consortiumThe term local consortium means a
			 consortium consisting of community representatives that—(A)shall
			 include—(i)a
			 local educational agency; and(ii)not less than 1
			 other community partner that is independent of the local educational
			 agency;(B)may include a
			 broad array of community partners, including—(i)a
			 community-based organization;(ii)a
			 youth-serving organization or agency;(iii)an institution
			 of higher education;(iv)a
			 foundation;(v)a
			 business;(vi)a
			 teacher organization;(vii)an organization
			 representing education professionals;(viii)a local
			 government, including a local government agency serving youth, such as a
			 child or youth welfare or  juvenile justice agency;(ix)an
			 organization representing students; and(x)an
			 organization representing parents; and(C)may include
			 representatives from multiple jurisdictions.(8)Local
			 educational agencyThe term local educational agency
			 has the meaning given the term in section 9101 of the Elementary and
			 Secondary
			 Education Act of 1965 (20 U.S.C. 7801).(9)Outlying
			 areaThe term outlying area has the meaning given
			 the term in section 9101 of the Elementary and Secondary Education Act of
			 1965
			 (20 U.S.C. 7801).(10)SecretaryThe
			 term Secretary means the Secretary of Education.(11)Specialized
			 instructional support personnelThe term specialized
			 instructional support personnel means school counselors, school social
			 workers, school psychologists, and other qualified professional personnel
			 involved in providing assessment, diagnosis, counseling, educational,
			 therapeutic, and other necessary corrective or supportive services
			 (including
			 related services as that term is defined in section 602 of the Individuals
			 with
			 Disabilities Education Act (20 U.S.C. 1401)) as part of a comprehensive
			 program
			 to meet student needs.(12)Specialized
			 instructional support servicesThe term specialized
			 instructional support services means the services provided by
			 specialized instructional support personnel, and includes any other
			 corrective
			 or supportive services to meet student needs.(13)StateThe
			 term State means each of the several States of the United States,
			 the District of Columbia, and the Commonwealth of Puerto Rico.(14)YouthThe term youth means an individual from birth through the transition to adulthood.4.Program authorized; allotment to States(a)Formula grants
			 authorized(1)In
			 generalThe Secretary is
			 authorized to award grants, from allotments under subsection (c), to
			 States
			 having applications approved under section 6(b) to enable the States to
			 award
			 subgrants to local consortia to leverage and integrate human and financial
			 assets at all levels in order to—(A)ensure the
			 academic, physical, social, emotional, and civic development of
			 disadvantaged
			 youth; and(B)strengthen the
			 families and communities of disadvantaged youth and achieve the
			 targets and goals developed pursuant to section 5(c)(1).(2)DurationThe
			 Secretary shall award a grant under this subsection for a period of 5
			 years.(3)RenewalThe
			 Secretary may renew a grant under this subsection for a period of 5
			 years.(b)ReservationFrom
			 the funds appropriated under section 12 for any fiscal year, the Secretary
			 shall reserve—(1)not more than 2
			 percent for national activities, which the Secretary may carry out
			 directly or
			 through grants and contracts, such as—(A)providing
			 training and training technical assistance to local consortia and
			 organizations
			 partnering with local consortia to carry out services under this Act; or(B)conducting the
			 national evaluation pursuant to section 11(a)(3); and(2)not more than 1
			 percent for payments to the outlying areas and the Bureau of Indian
			 Education, to
			 be allotted in accordance with their respective needs for assistance under
			 this
			 Act, as determined by the Secretary, to enable the outlying areas and the
			 Bureau of Indian Education to carry out the purposes of this Act.(c)State
			 allotments(1)DeterminationFrom
			 the funds appropriated under section 12 for any fiscal year and not
			 reserved under subsection (b), the Secretary shall allot to each State
			 that submits an approved application under section 6(b)  for
			 the fiscal year an amount that bears the same relationship to such funds
			 as
			 the amount the State received under subpart 2 of part A of title I of the
			 Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.)
			 for the
			 preceding fiscal year bears to the amount all States that submitted
			 approved applications received under that
			 subpart for the preceding fiscal year, except that no State shall receive
			 less
			 than an amount equal to one-half of 1 percent of such
			 funds.(2)Reallotment of
			 unused fundsIf a State does not receive an allotment under this
			 Act for a fiscal year, the Secretary shall reallot the amount of the
			 State's
			 allotment to the remaining States in accordance with this section.5.State youth strategy(a)In
			 generalA State that receives a grant under this Act shall use
			 the grant funds to develop and implement a State youth strategy
			 (referred to in this Act as the State strategy).(b)Strategy
			 requirementsThe State strategy—(1)shall be
			 developed by the Governor of the State;(2)shall include the
			 components described in subsection (c); and(3)may include other
			 components as the Governor determines necessary to strengthen results for
			 youth.(c)Required
			 ComponentsThe State strategy components required under
			 subsection (b) are the following:(1)State results
			 frameworkThe State strategy shall contain comprehensive,
			 research-based annual goals and aligned quantifiable indicators
			 demonstrating
			 continuous improvement with respect to youth, particularly disadvantaged
			 youth,
			 that shall serve as targets for each year with respect to which the State
			 strategy applies. The goals shall include the following:(A)Youth  are
			 ready for school.(B)Students are
			 engaged and achieving in school.(C)Students are not chronically absent.(D)Students are
			 physically, mentally, socially, and emotionally healthy.(E)Schools and
			 neighborhoods are safe and provide a positive climate for learning.(F)Families and communities are
			 engaged in the  education of their youth as equal partners.(G)Graduates are
			 ready for postsecondary education at institutions of higher education and
			 21st century careers.(H)Students are
			 contributing to their communities.(2)Needs and
			 assets assessmentThe State strategy shall contain an assessment
			 of the needs of youth, and of assets within the State that can be
			 mobilized,
			 coordinated, and integrated to achieve the State strategy's goals, which
			 may
			 include data collected by the Federal Interagency Forum on Child and
			 Family
			 Statistics.(3)State youth planThe State strategy shall include a description of the
			 State’s plan to achieve the goals described in paragraph (1) for youth,
			 including the following:(A)Leverage and
			 integrationA description of how funds received under this Act
			 will be coordinated and integrated with other Federal and State funds in
			 order
			 to achieve the goals developed pursuant to paragraph (1).(B)Elimination of
			 State barriers to coordination and integrationA description of
			 how funds received under this Act will be used to identify and eliminate
			 State
			 barriers to the coordination and integration of programs, initiatives, and
			 funding streams to achieve the goals developed pursuant to paragraph
			 (1).(C)Community
			 engagement in academic and developmental needs of youthA description of the State's plan to
			 increase community engagement in the academic and developmental needs of
			 youth.(D)Family
			 engagement in academic and developmental needs of youthA description of the State's plan to
			 increase family engagement in the academic and developmental needs of
			 youth.(d)Existing plans,
			 strategies, and assessmentsExisting plans, strategies, needs
			 assessments, or assets assessments, as of the date of the development and
			 implementation of the State strategy,	 may be used to satisfy the
			 requirements of
			 this section if such existing plans, strategies, needs assessments, or
			 assets
			 assessments include the information required by this section, or can be
			 modified to do so, and are submitted to the Secretary with such
			 modifications.6.Coordinating
			 body; State applications(a)Coordinating
			 body(1)In
			 generalIn order for a State to be eligible to receive a grant
			 under this Act, the Governor of the State shall designate or establish a
			 coordinating body for student learning and development that shall—(A)administer funds
			 provided under this Act;(B)facilitate
			 communication between the public and the Governor pertaining to issues
			 impacting youth,
			 including issues pertaining to service coordination and integration;(C)identify and
			 eliminate State barriers to the coordination and integration of programs,
			 initiatives, and funding streams, and facilitate coordination and
			 collaboration
			 among State agencies serving youth;(D)strengthen the
			 capacity of State and local organizations to achieve positive outcomes for
			 youth through training, technical assistance, professional
			 development, and other means;(E)assist the
			 Governor in developing and carrying out the State strategy; and(F)coordinate the
			 submission of the State application under subsection (b).(2)Designation of
			 coordinating bodyThe Governor may designate an existing (as of the date of the determination of eligibility for a
			 grant under this Act) agency,
			 Children's Cabinet, prekindergarten through grade 20 (P–20) council,
			 youth development partnership, or
			 other organization as the coordinating body for student learning and
			 development described in paragraph (1) if the agency, cabinet, council,
			 partnership, or organization—(A)performs duties
			 similar to the duties described in paragraph (1); or(B)if the duties of
			 the agency, cabinet, council, partnership, or organization can be modified
			 to
			 include the duties described in paragraph (1).(b)State
			 application(1)In
			 generalEach State desiring a grant under this Act shall submit
			 to the Secretary an application at such time, in such manner, and
			 containing
			 such information as the Secretary may require.(2)ContentsEach
			 application submitted under this subsection shall include the following:(A)State
			 strategyA description of how the State will develop the State
			 strategy.(B)Grants to local
			 consortiaA description of how subgrants to local consortia will
			 be awarded pursuant to subsections (b) and (c) of section 7 and how the
			 subgrants will facilitate
			 community planning and effective service coordination, integration, and
			 provision at the local level to achieve the goals developed by the State
			 pursuant to section 5(c)(1) within the context of local needs and
			 priorities.(C)Capacity-buildingA description of how grant funds received under this Act
			 will be used to build State and local capacity through training, technical
			 assistance, and professional development.(D)Accountability
			 for resultsA description of the State's plans to adhere to the
			 accountability and transparency requirements described in section 11(b).(3)Revised
			 applicationEach State desiring to renew a grant under this Act
			 shall submit a revised application to the Secretary every 5 years based on
			 an
			 assessment of the activities conducted under this Act.7.State use of
			 funds(a)In
			 generalFrom the grant funds made available to a State under this
			 Act for any fiscal year—(1)the State shall
			 use not less than 95 percent to award subgrants to local consortia under
			 subsection (b) or (c);(2)the State may use
			 not less than 3 percent for evaluation and capacity-building activities
			 under this Act,
			 including training, technical assistance, and professional development;
			 and(3)the State may use
			 not more than 2 percent for the administrative costs of carrying out
			 responsibilities under this Act.(b)Subgrants to
			 local consortia(1)In
			 generalA State that receives a grant under this Act shall use
			 the portion of the grant funds described in subsection (a)(1) to award
			 subgrants to local consortia to enable the local consortia to carry out
			 the activities described in section 9.(2)Duration of
			 grantEach subgrant awarded under this subsection shall be for a
			 period of 5 years and shall be renewable based on progress toward
			 achieving the	targets and goals developed pursuant to section 8(b)(2)(A).(c)Planning
			 subgrants(1)In generalNotwithstanding subsection (b), a State that receives a grant under this Act may use a portion of
			 the grant funds described in subsection (a)(1) to award
			 planning subgrants to local consortia to enable the local consortia to
			 develop the
			 local strategy described in section 8(b).(2)DurationEach planning subgrant under this subsection shall be
			 for a
			 duration of—(A)not more than 6
			 months and in an amount of not more than $50,000; or(B)not more than 1
			 year and in an amount of not more than $100,000.(d)PriorityIn
			 awarding subgrants to local consortia under this section, a State shall
			 give priority to
			 applications from local consortia that propose—(1)to serve youth in schools or communities with the highest proportions of students
			 from low-income families; and(2)to provide a
			 comprehensive continuum of services, including not less than 1 service
			 from
			 each of not less than 3 categories of services described in paragraphs (3)
			 through (11) of section 9(b), which proposal—(A)shall be
			 submitted by a local consortium comprised of a broad representation of
			 stakeholders and decisionmakers in the community, including a multitude of
			 community partners described in section 3(7)(B); or(B)shall
			 demonstrate the local consortium's capacity for successful implementation
			 through a history of
			 successful collaboration and effectiveness in strengthening outcomes for
			 youth.(e)Allocation to
			 rural areas(1)In
			 generalA State that receives grant funding under this Act for a
			 fiscal year shall use the grant funds to award an amount, in the
			 aggregate, of
			 subgrant funding under section 7 to rural local consortia in the State
			 that is
			 not less than the amount that bears the same relation to the amount of the
			 grant funding as the amount received by local educational agencies serving
			 rural local consortia in the State under subpart 2 of part A of title I of
			 the
			 Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.)
			 for the
			 preceding fiscal year bears to the amount received by the State under such
			 subpart for the preceding fiscal year.(2)Rural local
			 consortiumIn this subsection, the term rural local
			 consortium means a local consortium serving an area of the State that
			 has a locale code of 41, 42, or 43.(f)Supplement, not
			 supplantA State that receives a grant under this Act shall use
			 the grant funds to supplement, not supplant, Federal and non-Federal funds
			 available to support youth services.8.Local consortium
			 application; local youth strategy(a)Local
			 consortium application(1)In
			 generalA local consortium that desires a subgrant under section
			 7 shall submit an application to the State at such time, in such manner,
			 and
			 containing such information as the State may require.(2)ContentsAn
			 application submitted under this section shall include—(A)a description of
			 the local consortium, including which public or nonprofit entity
			 participating
			 in the local consortium shall serve as the fiscal agent for the local
			 consortium;(B)(i)in the case of an application for a subgrant under section 7(b), the local strategy  described in
			 subsection (b); or(ii)in the case of an application for a subgrant under section 7(c), a proposal regarding how the local
			 consortium will develop such local strategy; and(C)a description of
			 how the local strategy will be coordinated with the local educational
			 agency
			 plan required under section 1112 of the Elementary and Secondary Education
			 Act
			 of 1965 (20 U.S.C. 6312).(b)Local
			 youth strategy(1)In
			 generalThe local strategy—(A)shall be
			 developed by the local consortium;(B)shall include the
			 components described in paragraph (2); and(C)may include such
			 other components as the local consortium determines necessary to
			 strengthen
			 outcomes for youth.(2)ComponentsThe
			 local strategy components required under paragraph (1)(B) are the
			 following:(A)Local results
			 frameworkComprehensive, research-based goals and aligned
			 quantifiable indicators for the goals, with respect to youth, particularly
			 disadvantaged youth, that shall serve as targets for the year with respect
			 to
			 which the local strategy applies. The goals shall include the following:(i)Youth are
			 ready for school.(ii)Students are
			 engaged and achieving in school.(iii)Students are not chronically absent.(iv)Students are
			 physically, mentally, socially, and emotionally healthy.(v)Schools and
			 neighborhoods are safe and provide a positive climate for learning.(vi)Families and communities  are
			 supportive and engaged in their children’s education.(vii)Graduates are
			 ready for postsecondary education at institutions of higher education and
			 21st century careers.(viii)Students are
			 contributing to their communities.(B)Assets
			 assessmentAn assessment of potential resources, services, and
			 opportunities available within or near the community that youth,
			 their families, and resources in the community may be able to access in
			 order
			 to meet the needs identified under subparagraph (C), to help achieve the
			 goals
			 and indicators under subparagraph (A), and to support students to achieve
			 the
			 challenging State student academic achievement standards adopted under
			 section 1111(b) of the Elementary and Secondary Education Act of 1965 (20
			 U.S.C. 9101(b)) or, if applicable, other academic standards authorized by
			 a waiver pursuant to the Secretary's authority  under section 9401 of such
			 Act (20 U.S.C. 7861). Such assessment should  include the variety
			 of services that can be integrated—(i)into a community
			 school site; and(ii)through the
			 presence of specialized instructional support personnel and local
			 educational
			 agency liaisons for homeless children and youth designated pursuant to
			 section
			 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
			 11432(g)(1)(J)(ii)).(C)Needs
			 assessmentAn analysis of the comprehensive needs of the students
			 served by the local consortium, such students' families, and the community
			 that—(i)includes input
			 from students, parents, and community members;(ii)assesses the
			 academic, physical, social, emotional, health, mental health, and civic
			 needs
			 of students and their families; and(iii)may impact
			 students’ ability to meet the challenging State student academic
			 achievement
			 standards.(D)Service
			 integration and provisionA plan to coordinate and integrate
			 services and provide services in order to meet the needs identified under
			 subparagraph (C) and achieve the results described in subparagraph (A)
			 based on the aligned quantifiable indicators developed pursuant to such
			 subparagraph, including—(i)a
			 description of the services administered by members of the local
			 consortium
			 that are funded through grants provided under the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6301 et seq.) that will be coordinated as
			 part
			 of the subgrant provided under section 7(b); and(ii)if
			 applicable, a description of the coordination among services provided by
			 community-based organizations and services provided by specialized
			 instructional support personnel employed by the school or the local
			 educational
			 agency participating in the local consortium.(E)Community
			 engagement in academic and developmental needs of youthA plan to increase community engagement
			 in the academic and developmental needs of youth.(F)Family
			 engagement in academic and developmental needs of youthA plan to increase family engagement in
			 the academic and developmental needs of youth.(3)Existing plans,
			 strategies, and assessmentsExisting plans, strategies, needs
			 assessments, or assets assessments (as of the date of the submission of an
			 application under this section) may be used to satisfy the requirements of
			 this section if such existing plans, strategies, needs assessments, or
			 assets
			 assessments include the information required by this section, or can be
			 modified to do so, and are submitted to the Secretary with such
			 modifications.9.Local use of
			 funds(a)Mandatory use
			 of fundsA local consortium that receives a subgrant under
			 section 7(b) shall use the subgrant funds—(1)to integrate
			 multiple private and public services into a comprehensive, coordinated
			 continuum that meets the holistic needs of youth;(2)to implement the
			 comprehensive, coordinated continuum of services described in paragraph
			 (1)
			 through research-based services producing quantifiable results that align
			 with
			 the local results framework described in section 8(b)(2)(A);(3)to address the
			 needs identified in the needs assessment carried out pursuant to section
			 8(b)(2)(C) by leveraging the assets identified in the assets assessment
			 carried
			 out pursuant to section 8(b)(2)(B); and(4)if applicable, to
			 coordinate efforts with the specialized instructional support personnel
			 employed by the school or the local educational agency participating in
			 the
			 local consortium.(b)Permissible use
			 of fundsA local consortium that receives a subgrant under
			 section 7(b) may use the subgrant funds to coordinate, integrate, and
			 enhance
			 existing services, and provide new services, in order to provide youth
			 with research-based, comprehensive services at, or that are connected to,
			 schools, including—(1)community-based,
			 integrated student services;(2)full-service
			 community schools;(3)high-quality
			 early childhood learning and development, including—(A)early childhood
			 education;(B)programs under
			 the Head Start Act (42 U.S.C. 9831 et seq.), including Early Head Start
			 programs;(C)early literacy programs;(D)child care
			 services;(E)early
			 childhood-school transition services;(F)home
			 visiting;(G)parenting
			 education; and(H)services for
			 youth who are young children with special needs;(4)academic support
			 services, including—(A)tutoring;(B)extended day
			 or after-school programs, including services provided through 21st Century
			 Community Learning
			 Centers under part B of title IV of the Elementary and Secondary Education
			 Act
			 of 1965 (20 U.S.C. 7171 et seq.);(C)academic support services for English language learners;(D)programs for
			 students and parents to learn together, including opportunities in such
			 fields
			 as technology, art, music, and language acquisition;(E)multiple pathways
			 toward attaining a high school diploma and preparing students for
			 postsecondary education at an institution of higher education,
			 including—(i)dual enrollment
			 programs;(ii)early college
			 high schools;(iii)strategies for
			 preventing at-risk youth from dropping out of high school;(iv)dropout recovery
			 strategies, including strategies that award credit based on student
			 performance
			 instead of instructional time; and(v)other activities
			 that combine rigorous coursework, personalized learning environments,
			 practical
			 applications, and comprehensive support services;(F)summer enrichment
			 and learning experiences; and(G)services for
			 students with disabilities;(5)health services,
			 including—(A)primary health
			 care;(B)dental
			 care;(C)vision
			 care;(D)hearing
			 care;(E)mental health
			 services;(F)nutrition
			 services;(G)health education;
			 and(H)developmental and
			 habilitation services for youth with special needs;(6)youth
			 development, including—(A)mentoring and
			 other youth development programs, including programs that engage older
			 adults;(B)recreation and
			 physical education;(C)service learning,
			 civic education, leadership development, entrepreneurship, and community
			 service opportunities;(D)job training,
			 career counseling, and internship opportunities;(E)career and
			 technical education;(F)postsecondary education
			 preparation and counseling services; and(G)positive
			 behavioral interventions and supports;(7)social services
			 for students and families, including—(A)family support
			 programs, including housing assistance, counseling, financial education,
			 crisis
			 intervention, and related services;(B)programs that
			 provide assistance to students who have been truant, suspended, or
			 expelled;(C)programs or
			 efforts intended to identify older youth without a high school diploma and
			 reengage the youth in school in order to attain a high
			 school diploma;(D)strategies that
			 engage older adults as resources to students and families;(E)services for homeless students, foster youth,  students previously under the custody of a juvenile
			 justice system, or students who are pregnant or parenting; and(F)access to, and training on, digital learning, defined for purposes of this paragraph as
			 instructional practices that—(i)effectively use technology to strengthen the student learning experience; and(ii)may include online and formative assessments, instructional resources, online content and courses,
			 application of technology in the classroom and school building, adaptive
			 software for students with special needs, learning platforms, or online
			 professional communities of practice;(8)parent and adult
			 education programs, including—(A)programs that
			 promote family literacy;(B)parent and
			 caregiver leadership and parent and caregiver education activities;(C)adult education,
			 including instruction in English as a second language, and job training;
			 and(D)citizenship
			 preparation for individuals choosing to become United States citizens;(9)juvenile crime
			 prevention and rehabilitation programs, including—(A)youth courts,
			 teen courts, peer juries, and drug courts; and(B)tribal youth
			 programs;(10)specialized
			 instructional support services, including specialized instructional
			 support
			 personnel;(11)service
			 coordination staffing that ensures youth receive comprehensive services
			 to meet the holistic needs of the youth;(12)training,
			 technical assistance, and professional development for school-based and
			 community-based personnel to build capacity and skills to educate English
			 language learners;(13)subgrants to
			 nonprofit and other organizations to implement the requirements and
			 allowable
			 services under this section;(14)reasonable
			 program administration and planning associated with the activities
			 required
			 under this section; and(15)other services
			 consistent with this section.10.ConstructionNothing in this Act shall be construed to
			 alter or otherwise affect the rights, remedies, and procedures afforded
			 school
			 or school district employees under Federal, State, or local laws
			 (including
			 applicable regulations or court orders) or under the terms of collective
			 bargaining agreements, memoranda of understanding, or other agreements
			 between
			 such employees and their employers.11.Accountability
			 and transparency(a)Federal
			 accountability and transparency(1)Annual
			 reportOn an annual basis, the Secretary shall report to the
			 public, Congress, and the President—(A)the collective
			 progress made by—(i)States in
			 achieving the goals established within the State results frameworks
			 described
			 in section 5(c)(1); and(ii)communities in
			 achieving the goals established within the local results frameworks
			 pursuant to
			 section 8(b)(2)(A);(B)how funds under
			 this Act were used by States and local consortia to improve the lives of
			 youth and families, including—(i)the
			 characteristics of the youth and families served by the activities and
			 services assisted under this Act;(ii)the services and
			 supports provided under this Act; and(iii)outcomes
			 resulting from the activities and services funded under this Act;(C)actions taken
			 pursuant to paragraph (2) regarding misuse or ineffective use of funds;
			 and(D)other information
			 the Secretary determines to be of interest to the public.(2)Correction of
			 deficienciesIf the Secretary determines, based on a review of
			 State annual reports, State strategies, State data submissions,
			 evaluations, or
			 other documentation, that a State or entity that receives funds through a
			 grant made under this Act makes insufficient progress toward achieving
			 the goals established within the State results framework pursuant to
			 section
			 5(c)(1) within 3 years of receiving a grant under section 4(a), or is
			 misusing,
			 ineffectively using, or otherwise not complying with the requirements of
			 this
			 Act, the Secretary shall—(A)notify the State
			 of the deficiencies that require correction and request that the State
			 submit a
			 plan to correct the deficiencies;(B)negotiate a plan
			 to correct the deficiencies, and provide appropriate training or technical
			 assistance designed to assist the State in complying with the requirements
			 of
			 this Act; and(C)in the case of a  State that fails to submit or negotiate a plan to correct the deficiencies or
			 fails to make substantial efforts, within 6 months after the date of the
			 notification described in subparagraph (A), to correct the deficiencies
			 and comply
			 with the requirements of this Act—(i)terminate the
			 provision of funds under this Act to the State or entity for the remainder
			 of
			 the period of the grant or contract; and(ii)redistribute the
			 terminated funding in the manner described in section 4(c).(3)Independent
			 ongoing evaluation(A)In
			 generalThe Secretary shall carry out an ongoing evaluation of
			 the activities conducted under this Act and shall submit the evaluation
			 results
			 to Congress and the public in April of 2016 and in July of 2018.(B)Rigorous and
			 independent evaluationThe Secretary shall enter into a contract
			 with an entity independent of the Department of Education to carry out the
			 evaluation required under this paragraph. To the extent the Secretary
			 determines feasible, the evaluation shall include large-scale,
			 longitudinal,
			 randomized studies to identify the most effective combinations of academic
			 and
			 nonacademic interventions, including interventions administered by
			 community-based organizations, to achieve improvements in academic and
			 other
			 outcomes for students.(C)Evaluation
			 outcomes(i)In
			 generalThe evaluation required under this paragraph shall
			 measure the process of developing and implementing effective partnerships
			 among
			 schools, school districts, families, students, and community partners, as
			 well
			 as the impact of activities conducted under this Act, which may include
			 impacts
			 on the following outcomes:(I)Student
			 achievement as measured by assessment data, classroom grades, and other
			 means
			 of measuring student performance.(II)Graduation
			 rates.(III)School
			 readiness.(IV)Numbers of
			 detentions, suspensions, and expulsions.(V)Enrollment in
			 postsecondary education.(VI)The degree of
			 communication between schools and families.(VII)The degree of
			 parental participation in school activities.(VIII)Student
			 health, including mental health and risk factors at birth.(IX)Student civic
			 participation.(X)Attendance.(XI)The number of
			 students and families receiving services.(XII)Other outcome
			 areas as determined by the Secretary in consultation with State
			 educational
			 agencies, local educational agencies, teacher organizations, secondary
			 students, and nonprofit organizations providing services to youth.(ii)DisaggregationThe
			 outcomes described in clause (i) shall be reported in the aggregate and
			 disaggregated by—(I)each of the categories described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II));(II)gender; and(III)family income level.(b)State
			 accountability and transparency(1)Annual
			 reportOn an annual basis, each State receiving a grant under this Act shall report to the public
			 and the Secretary such information as the Secretary may reasonably
			 require,
			 including—(A)progress made
			 toward achieving—(i)the
			 goals established within the State results framework pursuant to section
			 5(c)(1) disaggregated in the same manner as information is disaggregated
			 under
			 subsection (a)(3)(C)(ii); and(ii)the goals
			 established within the local results frameworks pursuant to section
			 8(b)(2)(A);(B)how funds under
			 this Act were used by States and local consortia to improve the lives of
			 youth and families, including—(i)the
			 characteristics of the youth and families served by the activities and
			 services assisted under this Act;(ii)the services and
			 supports provided under this Act; and(iii)outcomes
			 resulting from the activities and services funded under this Act;(C)information on
			 Federal barriers to effective State and local coordination;(D)the extent of
			 coordination between State departments and agencies providing youth
			 services in
			 place to achieve the goals within the State results framework pursuant to
			 section 5(c)(1);(E)the extent to
			 which the objectives and budgets of State departments and agencies
			 providing
			 youth services were consistent with the recommendations of the State
			 strategy for the preceding year;(F)the efficiency
			 and adequacy of State and local programs and policies with respect to
			 youth services;(G)actions taken
			 pursuant to paragraph (2) regarding misuse or ineffective use of funds;
			 and(H)other information
			 the State determines to be of interest to the public.(2)Correction of
			 deficienciesIf the State determines, based on a review of
			 reports, data submissions, evaluations, or other documentation, that a
			 local
			 consortium or organization that receives funds through a subgrant made
			 under
			 this Act makes insufficient progress toward achieving the goals
			 established
			 within the local results framework pursuant to section 8(b)(2)(A) within 3
			 years of receiving a subgrant under section 7(b), or is misusing,
			 ineffectively
			 using, or otherwise not complying with the requirements of this Act, the
			 State
			 shall—(A)notify the local
			 consortium of the deficiencies that require correction and request that
			 the
			 consortium submit a plan to correct the deficiencies;(B)negotiate a plan
			 to correct the deficiencies, and provide appropriate training or technical
			 assistance designed to assist the local consortium in complying with the
			 requirements of this Act; and(C)in the case that
			 the local consortium fails to submit or negotiate a plan to correct the
			 deficiencies or fails to make substantial efforts, within 6 months after
			 the
			 date of the notification described in subparagraph (A), to correct the
			 deficiencies and comply with the requirements of this Act, terminate the
			 provision of funds under this Act to the local consortium or organization
			 for
			 the remainder of the period of the subgrant and redistribute the
			 terminated
			 funding in a manner determined by the State to be in the best interests of
			 the
			 youth in such State in accordance with this Act.(c)Local
			 accountability and transparencyOn an annual basis, each local
			 consortium receiving a subgrant under this Act shall report to the public
			 and the State such information as the
			 State may reasonably require, including—(1)progress made
			 toward achieving the goals established within the local results framework
			 pursuant to section 8(b)(2)(A) in the aggregate and disaggregated in the
			 same manner as information
			 is disaggregated under subsection (a)(3)(C)(ii);(2)how funds under
			 this Act were used by the local consortium and other  recipients of
			 subgrant funds to improve
			 the lives of youth and families, including—(A)the
			 characteristics of the youth and families served by the activities and
			 services assisted under this Act;(B)the services and
			 supports provided under this Act; and(C)outcomes
			 resulting from the activities and services funded under this Act;(3)information on
			 State barriers to effective local coordination;(4)the extent of
			 coordination between local agencies and organizations providing services
			 to
			 achieve the goals within the local results framework pursuant to section
			 8(b)(2)(A); and(5)other information
			 the local consortium determines to be of interest to the public.12.Authorization
			 of appropriationsThere are
			 authorized to be appropriated to carry out this Act $200,000,000 for each
			 of
			 fiscal years 2015 through 2019.


117 HR 1941 IH: To amend the Immigration and Nationality Act to waive certain naturalization requirements for United States nationals, and for other purposes.
U.S. House of Representatives
2021-03-16
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.

I117th CONGRESS1st SessionH. R. 1941IN THE HOUSE OF REPRESENTATIVESMarch 16, 2021Mrs. Radewagen (for herself, Mr. Sablan, Miss González-Colón, and Mr. San Nicolas) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend the Immigration and Nationality Act to waive certain naturalization requirements for United States nationals, and for other purposes.1.Waiver of certain naturalization requirements for United States nationals to become United States citizens(a)FindingsThe Congress finds the following:(1)Both United States citizens and United States nationals are persons who owe permanent allegiance to the United States.(2)United States nationals serve in the United States Armed Services at a very high per capita rate.(3)Commissioned military officers and certain security clearances require United States nationals to become United States citizens.(4)Many United States nationals desire to become United States citizens.(5)United States nationals attend United States Department of Education curriculum-approved and regulated schools.(6)United States nationals serving in the military or other United States national civilians desiring to obtain United States citizenship should be entitled to citizenship on an expedited basis without having to move, having any further educational testing required, or having any fee or cost assessed.(b)Naturalization of certain United States nationalsSection 325 of the Immigration and Nationality Act (8 U.S.C. 1436) is amended to read as follows:325.Nationals but not citizens of the United States; residence within outlying possessions(a)Eligibility for naturalizationA person not a citizen who owes permanent allegiance to the United States, and who is otherwise qualified, may—(1)if the person becomes a resident of any State, be naturalized upon compliance with the applicable requirements of this title, except that in applications for naturalization filed under the provisions of this section, residence and physical presence within the United States within the meaning of this title shall include residence and physical presence within any of the outlying possessions of the United States; or(2)if the person has continuously resided in any State or outlying possession of the United States from birth to the date of approval of the application, be naturalized upon compliance with the applicable requirements of this title other than sections 312 and 337(a) and paragraphs (1) and (2) of section 316(a).(b)JurisdictionThe Secretary shall provide that applications, interviews, filings, oaths, ceremonies, or other proceedings under this title, to the extent applicable, are available in an outlying possession of the United States with respect to—(1)any applicant for naturalization under subsection (a)(2);(2)any applicant for naturalization under section 328 or 329 who is a resident of an outlying possession of the United States; or(3)any child described in section 322(a)(5)(B) for whom an application is made under section 322.(c)ConstructionIn determining eligibility for naturalization under subsection (a)(2)—(1)absence from any State or outlying possession of the United States for a continuous period of more than 180 days shall break the continuity of such residence, unless the person establishes to the satisfaction of the Secretary of Homeland Security that the person did not abandon such person’s residence during such period;(2)in conducting the investigation and examination of the person under sections 332(a) and 335, the Secretary of Homeland Security may in the discretion of the Secretary waive a personal interview of the person; and(3)the Secretary of Homeland Security, in the discretion of the Secretary, may impose a reduced fee for an application for naturalization under such subsection compared to other applications for naturalization, taking into account the relative costs of processing an application for naturalization under such subsection..(c)Children of United States nationalsSection 322(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1433(a)(5)) is amended to read as follows:(5)The child—(A)is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status; or(B)is present and resides in an outlying possession of the United States.


115 HR 820 IH: Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2017
U.S. House of Representatives
2017-02-02
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.

I115th CONGRESS1st SessionH. R. 820IN THE HOUSE OF REPRESENTATIVESFebruary 2, 2017Mr. McCaul (for himself, Ms. Speier, Mr. Butterfield, and Mr. Kelly of Pennsylvania) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo maximize discovery, and accelerate development and availability, of promising childhood cancer
			 treatments, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2017 or the Childhood Cancer STAR Act. (b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Findings.
					Title I—MAXIMIZING RESEARCH THROUGH DISCOVERY
					Subtitle A—Caroline Pryce Walker Conquer Childhood Cancer Reauthorization Act
					Sec. 101. Children’s cancer biorepositories and biospecimen research.
					Sec. 102. Improving Childhood Cancer Surveillance.
					Subtitle B—Pediatric Expertise at NIH
					Sec. 111. Inclusion of at least one pediatric oncologist on the National Cancer Advisory Board.
					Sec. 112. Sense of Congress regarding pediatric expertise at the National Cancer Institute.
					Subtitle C—NIH Report on Childhood Cancer Activities
					Sec. 121. Reporting on childhood cancer research projects.
					Title II—MAXIMIZING DELIVERY: CARE, QUALITY OF LIFE, SURVIVORSHIP, AND CAREGIVER SUPPORT
					Subtitle A—Childhood Cancer Survivors’ Quality of Life Act
					Sec. 201. Cancer survivorship programs.
					Sec. 202. Grants to improve care for pediatric cancer survivors.
					Sec. 203. Comprehensive long-term follow-up services for pediatric cancer survivors.
					Sec. 204. Survivorship demonstration project.
					Subtitle B—Coverage and Payment of High Quality Care
					Sec. 211. Report by the Comptroller General.
 2.FindingsCongress makes the following findings: (1)Each year in the United States there are an estimated 15,780 children between birth and the age of 19 diagnosed with cancer. Approximately 1 in 285 children in the United States will be diagnosed with cancer before their 20th birthday.
 (2)In 1960, only 4 percent of children with cancer survived more than 5 years, but today, cure rates have increased to over 80 percent for children and adolescents under age 20.
 (3)While the cure rates for some childhood cancers are now over 80 percent, the survival rates for many types of cancers in children remain extremely low.
 (4)According to the Centers for Disease Control and Prevention, cancer continues to be the leading cause of death by disease in children and adolescents under the age of 14.
 (5)By 2020, the population of childhood cancers survivors is expected to be 500,000 individuals. (6)As many as two-thirds of childhood cancer survivors are likely to experience at least one late effect of treatment, with as many as one-fourth experiencing a late effect that is serious or life-threatening. Common late effects of childhood cancer are neurocognitive, psychological, cardiopulmonary, endocrine, and musculoskeletal effects, secondary malignancies, and early death.
 (7)As a result of disparities in the delivery of cancer care, minority, low-income, and other medically underserved children are more likely to be diagnosed with late stage disease, experience poorer treatment outcomes, have shorter survival time with less quality of life, and experience a substantially greater likelihood of cancer death.
 (8)Collection of biospecimens, along with clinical and outcome data, on children and adolescents with cancer in the United States is necessary to improve childhood and adolescent cancer treatments and cures. Currently biospecimens, and clinical and outcome data, are collected for less than half of children in the United States with cancer.
 (9)The late effects of cancer treatment may change as therapies evolve, which means that the monitoring and care of cancer survivors may need to be modified on a routine basis.
 (10)Despite the intense stress caused by childhood cancer, there is a lack of standardized and coordinated psychosocial care for the children and their families, from the date of diagnosis through treatment and survivorship.
 (11)The National Academy of Medicine, in its report on cancer survivorship entitled Childhood Cancer Survivorship: Improving Care and Quality of Life, states that an organized system of care and a method of care for pediatric cancer survivors is needed.
 (12)Focused and well-designed research and pilot health delivery programs can answer questions about the optimal ways to provide health care, follow-up monitoring services, and survivorship care to those diagnosed with childhood cancer and contribute to improvements in the quality of care and quality of life of those individuals through adulthood.
 (13)The National Institutes of Health, including the National Cancer Institute, invest approximately half of their annual appropriations to support basic research that serves as the foundation for translational and clinical research for all diseases and conditions, with the potential to lead to breakthroughs for children with cancer. Virtually all progress against cancer—in both children and adults—has been founded in basic research, often in areas not directly related to the disease.
 (14)The National Cancer Institute supports a number of key research programs specifically to advance childhood cancer care, including precision medicine clinical trials for children with cancer, the Children's Oncology Group (part of the National Clinical Trials Network of the National Cancer Institute), the Pediatric Preclinical Testing Consortium, the Pediatric Brain Tumor Consortium, the Childhood Cancer Survivor Study, the Therapeutically Applicable Research to Generate Effective Treatments program and related pediatric cancer genomics research (including the Pediatric MATCH Precision Medicine trial), and the Pediatric Oncology Branch (part of the intramural program of the National Cancer Institute, whose mission is to develop new treatments for pediatric cancer).
			IMAXIMIZING RESEARCH THROUGH DISCOVERY
			ACaroline Pryce Walker Conquer Childhood Cancer Reauthorization Act
 101.Children’s cancer biorepositories and biospecimen researchSection 417E of the Public Health Service Act (42 U.S.C. 285a–11) is amended— (1)by striking subsection (a) and inserting the following:

							(a)Children's cancer biorepositories
 (1)AwardThe Secretary, acting through the Director of NIH, may make awards to an entity or entities described in paragraph (4) to build upon existing initiatives to collect biospecimens and clinical and demographic information with a goal of collection for the vast majority of all children, adolescents, and young adults with selected cancer subtypes (and their recurrences) for which current treatments are least effective, through one or more biospecimen research efforts designed to achieve a better understanding of the cause of such cancers (and their recurrences) and the effects of treatments for such cancers.
 (2)Use of fundsAmounts received under an award under paragraph (1) may be used to carry out the following: (A)Acquire, preserve, and store high-quality, donated biospecimens and associated clinical and demographic information on children, adolescents, and young adults diagnosed with cancer in the United States, focusing on children and adolescents enrolled in clinical trials for whom current treatments are least effective. Activities under this subparagraph may include storage of biospecimens and associated clinical and demographic data at biorepositories supported by the National Cancer Institute, such as the Children’s Oncology Group Biorepository and the Pediatric Cooperative Human Tissue Network as well as through biorepositories established as appropriate to support the scientific needs of future research efforts.
 (B)Make such information publicly available, including the repositories described in subparagraph (A). (C)Maintain a secure searchable database on stored biospecimens and associated clinical and demographic data from children, adolescents, and young adults with cancer for the conduct of research by scientists and qualified health care professionals.
 (D)Establish procedures for evaluating applications for access to such biospecimens and clinical and demographic data from researchers and other qualified health care professionals.
 (E)Make available and distribute biospecimens and clinical and demographic data from children, adolescents, and young adults with cancer to researchers and qualified health care professionals for peer-reviewed research at a minimal cost.
 (3)No requirementNo child, adolescent, or young adult with cancer shall be required under this subsection to contribute a specimen to a biorepository or share clinical or demographic data.
								(4)Application; considerations
 (A)ApplicationTo be eligible to receive an award under paragraph (1) an entity shall submit an application to the Secretary at such a time, in such manner, and containing such information as the Secretary may reasonably require.
 (B)ConsiderationsIn evaluating the applications in subparagraph (A), the Secretary shall consider the existing infrastructure of the entity that would allow for the timely capture of biospecimens and related clinical and demographic information for children, adolescents, and young adults with cancer.
									(5)Privacy protections; consent
 (A)In generalThe Secretary may not make an award under paragraph (1) to an entity unless the Secretary ensures that such entity—
 (i)collects biospecimens and associated clinical and demographic information from children and adolescents with appropriate permission from parents or legal guardians in accordance with Federal and State law; and
 (ii)adheres to strict confidentiality to protect the identity and privacy of patients in accordance with Federal and State law.
 (B)ConsentThe Secretary shall establish an appropriate process for achieving consent from the patient, parent, or legal guardian.
									(6)Single point of access; standard data; guidelines and oversight
 (A)Single point of accessThe Secretary shall ensure that each biorepository supported under paragraph (1) has electronically searchable data for use by researchers and other qualified health care professionals in the manner and to the extent defined by the Secretary.
 (B)Standard dataThe Secretary shall require all recipients of an award under paragraph (1) to make available a standard dataset for the purposes of subparagraph (A) in a standard electronic format that enables researchers and qualified health care professionals to search.
 (C)Guidelines and oversightThe Secretary shall develop and disseminate appropriate guidelines for the development and maintenance of the biorepositories supported under this subsection, including appropriate oversight.
 (7)CoordinationThe Secretary shall ensure that clinical and demographic information collected in accordance with this subsection is collected in coordination with the information collected under section 399E–1.
 (8)Prohibition on use of fundsFunds made available to carry out this subsection shall not be used to acquire, preserve, or maintain a biospecimen collected from a patient if such activity is already covered by funds available from the National Cancer Institute for such purpose.
 (9)ReportNot later than 4 years after the date of enactment of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2017, the Secretary shall submit to Congress a report on— (A)the number of biospecimens and corresponding clinical demographic data collected through the biospecimen research efforts supported under paragraph (1);
 (B)the number of biospecimens and corresponding clinical demographic data requested for use by researchers;
 (C)any barriers to the collection of biospecimens and corresponding clinical demographic data; (D)any barriers experienced by researchers or health care professionals in accessing the biospecimens and corresponding clinical demographic data necessary for use in research; and
 (E)any recommendations with respect to improving the biospecimen and biorepository research efforts under this subsection.
 (10)DefinitionsFor purposes of this subsection: (A)AwardThe term award includes a grant, contract, cooperative agreement, or other transaction determined by the Secretary.
 (B)BiospecimenThe term biospecimen includes— (i)solid tumor tissue or bone marrow;
 (ii)normal or control tissue; (iii)blood and plasma;
 (iv)DNA and RNA extractions; (v)familial DNA; and
 (vi)any other sample required by the Secretary. (C)Clinical and demographic informationThe term clinical and demographic information includes—
 (i)date of diagnosis; (ii)age at diagnosis;
 (iii)the patient’s gender, race, ethnicity, and environmental exposures; (iv)extent of disease at enrollment;
 (v)site of metastases; (vi)location of primary tumor coded;
 (vii)histologic diagnosis; (viii)tumor marker data when available;
 (ix)treatment and outcome data; (x)information related to specimen quality; and
 (xi)any other information required by the Secretary.; and (2)in subsection (d)—
 (A)by striking and section 399E–1 and inserting and sections 317U, 399E–1, 417H, and 417H–1; (B)by striking 2009 through 2013 and inserting 2018 through 2022; and
 (C)by striking such purpose and inserting such purposes. 102.Improving Childhood Cancer SurveillanceSection 399E–1 of the Public Health Service Act (42 U.S.C. 280e–3a) is amended—
 (1)by redesignating subsection (b) as subsection (d); and (2)by striking subsection (a) and inserting the following:

 (a)In generalThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make awards to State cancer registries to enhance and expand infrastructure to track the epidemiology of cancer in children, adolescents, and young adults. Such registries may be updated to include each occurrence of such cancers within a period of time designated by the Secretary.
 (b)ActivitiesThe grants described in subsection (a) may be used for— (1)identifying, recruiting, and training all potential sources for reporting childhood, adolescent, and young adult cancer cases;
 (2)developing procedures to implement early inclusion of childhood, adolescent, and young adult cancer cases on State cancer registries through the use of electronic reporting;
 (3)purchasing infrastructure to support the early inclusion of childhood, adolescent, and young adult cancer cases on such registries;
 (4)submitting deidentified data to the Centers for Disease Control and Prevention for inclusion in a national database of childhood, adolescent, and young adult cancers; and
 (5)tracking the late effects of childhood, adolescent, and young adult cancers. (c)CoordinationThe Secretary shall ensure that information collected through State cancer registries under this section is collected in coordination with clinical and demographic information collected under section 417E(a), as appropriate..
					BPediatric Expertise at NIH
 111.Inclusion of at least one pediatric oncologist on the National Cancer Advisory BoardClause (iii) of section 406(h)(2)(A) of the Public Health Service Act (42 U.S.C. 284a(h)(2)(A)) is amended to read as follows:

 (iii)of the members appointed to the Board— (I)not less than 5 members shall be individuals knowledgeable in environmental carcinogenesis (including carcinogenesis involving occupational and dietary factors); and
 (II)not less than one member shall be an individual knowledgeable in pediatric oncology;. 112.Sense of Congress regarding pediatric expertise at the National Cancer InstituteIt is the sense of Congress that the Director of the National Cancer Institute should ensure that all applicable study sections, committees, advisory groups, and panels at the National Cancer Institute include one or more qualified pediatric oncologists, as appropriate.
				CNIH Report on Childhood Cancer Activities
 121.Reporting on childhood cancer research projectsSection 409D(c)(3) of the Public Health Service Act (42 U.S.C. 284h(c)(3)) is amended by— (1)striking public on and inserting “public on—

							(A);
 (2)striking the period at the end and inserting ; and; and (3)inserting at the end the following:

 (B)childhood cancer research projects conducted or supported by the National Institutes of Health.. IIMAXIMIZING DELIVERY: CARE, QUALITY OF LIFE, SURVIVORSHIP, AND CAREGIVER SUPPORT AChildhood Cancer Survivors’ Quality of Life Act 201.Cancer survivorship programs (a)Cancer survivorship programsThe Public Health Service Act is amended by inserting after section 399N of such Act (42 U.S.C. 280g–2) the following:

							399N–1.Pilot programs to explore model systems of care for pediatric cancer survivors
 (a)In generalNot later than 1 year after the date of enactment of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2017, the Secretary may make awards to eligible entities to establish pilot programs to develop, study, or evaluate model systems for monitoring and caring for childhood cancer survivors throughout their lifespan, including evaluation of shared care and medical home and clinic based models for transition to adult care.
 (b)Eligible entitiesIn this section, the term eligible entity means— (1)a medical school;
 (2)a children’s hospital; (3)a cancer center;
 (4)a community-based medical facility; or (5)any other entity with significant experience and expertise in treating survivors of childhood cancers.
 (c)Use of fundsThe Secretary may make an award under this section to an eligible entity only if the entity agrees— (1)to use the award to establish a pilot program to develop, study, or evaluate one or more model systems for monitoring and caring for cancer survivors; and
 (2)in developing, studying, and evaluating such systems, to give special emphasis to— (A)design of protocols for different models of follow-up care, monitoring, and other survivorship programs (including peer support and mentoring programs);
 (B)development of various models for providing multidisciplinary care; (C)dissemination of information and the provision of training to health care providers about how to provide linguistically and culturally competent follow-up care and monitoring to cancer survivors and their families;
 (D)development of psychosocial interventions and support programs to improve the quality of life of cancer survivors and their families;
 (E)design of systems for the effective transfer of treatment information and care summaries from cancer care providers to other health care providers (including risk factors and a plan for recommended follow-up care);
 (F)dissemination of the information and programs described in subparagraphs (A) through (E) to other health care providers (including primary care physicians and internists) and to cancer survivors and their families, where appropriate; and
 (G)development of initiatives that promote the coordination and effective transition of care between cancer care providers, primary care physicians, and mental health professionals.
										399N–2.Workforce development collaborative on medical and psychosocial care for childhood cancer survivors
 (a)In generalThe Secretary shall, not later than 1 year after the date of enactment of the Childhood Cancer Survivorship, Treatment, Access, and Research Act of 2017, convene a Workforce Development Collaborative on Medical and Psychosocial Care for Pediatric Cancer Survivors (referred to in this section as the Collaborative). The Collaborative shall be a cross-specialty, multidisciplinary group composed of educators, consumer and family advocates, and providers of psychosocial and biomedical health services.
 (b)Goals and reportsThe Collaborative shall submit to the Secretary a report establishing a plan to meet the following objectives for medical and psychosocial care workforce development:
 (1)Identifying, refining, and broadly disseminating to health care educators information about workforce competencies, models, and curricula relevant to providing medical and psychosocial services to persons surviving pediatric cancers.
 (2)Adapting curricula for continuing education of the existing workforce using efficient workplace-based learning approaches.
 (3)Developing the skills of faculty and other trainers in teaching psychosocial health care using evidence-based teaching strategies.
 (4)Strengthening the emphasis on psychosocial health care in educational accreditation standards and professional licensing and certification exams by recommending revisions to the relevant oversight organizations.
 (5)Evaluating the effectiveness of patient navigators in pediatric cancer survivorship care. (6)Evaluating the effectiveness of peer support programs in the psychosocial care of pediatric cancer patients and survivors..
					(b)Technical amendment
 (1)In generalSection 3 of the Hematological Cancer Research Investment and Education Act of 2002 (Public Law 107–172; 116 Stat. 541) is amended by striking section 419C and inserting section 417C.
 (2)Effective dateThe amendment made by paragraph (1) shall take effect as if included in section 3 of the Hematological Cancer Research Investment and Education Act of 2002 (Public Law 107–172; 116 Stat. 541).
						202.Grants to improve care for pediatric cancer survivors
 (a)In generalSection 417E of the Public Health Service Act (42 U.S.C. 285a–11), as amended by section 101, is further amended—
 (1)in the section heading, by striking research and awareness and inserting research, awareness, and survivorship; and (2)by striking subsection (b) and inserting the following:

								(b)Improving care for pediatric cancer survivors
									(1)Research on causes of health disparities in pediatric cancer survivorship
 (A)Research awardsThe Director of NIH, in coordination with ongoing research activities, may conduct or support pediatric cancer survivorship research including in any of the following areas:
 (i)Needs and outcomes of pediatric cancer survivors within minority or other medically underserved populations.
 (ii)Health disparities in pediatric cancer survivorship outcomes within minority or other medically underserved populations.
 (iii)Barriers that pediatric cancer survivors within minority or other medically underserved populations face in receiving follow-up care.
 (iv)Familial, socioeconomic, and other environmental factors and the impact of such factors on treatment outcomes and survivorship.
 (B)Balanced approachIn conducting or supporting research under subparagraph (A)(i) on pediatric cancer survivors within minority or other medically underserved populations, the Director of NIH shall ensure that such research addresses both the physical and the psychological needs of such survivors, as appropriate.
 (2)Research on late effects and follow-up care for pediatric cancer survivorsThe Director of NIH, in coordination with ongoing research activities, may conduct or support research on follow-up care for pediatric cancer survivors, including in any of the following areas:
 (A)The development of indicators used for long-term patient tracking and analysis of the late effects of cancer treatment for pediatric cancer survivors.
 (B)The identification of risk factors associated with the late effects of cancer treatment. (C)The identification of predictors of adverse neurocognitive and psychosocial outcomes.
 (D)The identification of the molecular underpinnings of long-term complications. (E)The development of risk prediction models to identify those at highest risk of long-term complications.
 (F)Initiatives to protect cancer survivors from the late effects of cancer treatment, by developing targeted interventions to reduce the burden of morbidity borne by cancer survivors.
 (G)Transitions in care for pediatric cancer survivors. (H)Training of professionals to provide linguistically and culturally competent follow-up care to pediatric cancer survivors.
 (I)Different models of follow-up care. (J)Examining the cost-effectiveness of the different models of follow-up care..
 203.Comprehensive long-term follow-up services for pediatric cancer survivorsPart B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following:

 317U.Standards for comprehensive long-term care for pediatric cancer survivors through the lifespanThe Secretary may establish a task force to develop and test standards, outcomes, and metrics for high-quality childhood cancer survivorship care in consultation with a full spectrum of representation of experts in late effects of disease and treatment of childhood cancers, including—
 (1)oncologists who treat children and adolescents; (2)oncologists who treat adults;
 (3)primary care providers engaged in survivorship care; (4)survivors of childhood cancer;
 (5)parents of children who have been diagnosed with and treated for cancer and parents of long-term survivors;
 (6)professionals who are engaged in the development of clinical practice guidelines; (7)nurses and social workers;
 (8)mental health professionals; (9)allied health professionals, including physical therapists and occupational therapists;
 (10)experts in health care quality measurement and improvement; and (11)others, as the Secretary determines appropriate..
				204.Survivorship demonstration project
 (a)In generalNot later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary) may carry out a demonstration project over a 3-year period, designed to improve the quality and efficiency of care provided to childhood cancer survivors throughout their lifespan, through improved care coordination as survivors transitions to adult care.
					(b)Selection of demonstration sites
 (1)Maximum number of sitesThe maximum number of sites at which the demonstration project under subsection (a) is carried out may not exceed 10.
 (2)Diversity of sitesIn selecting entities to participate in the demonstration project, the Secretary may, to the extent practicable, include in such selection—
 (A)small-, medium-, and large-sized sites; and (B)sites located in different geographic areas.
 (c)Activities under demonstration projectThe activities conducted under the demonstration project under subsection (a) may, in addition to any other activity specified by the Secretary, include activities that seek to develop different models of care coordination, including transitions of care, follow-up care, monitoring, and other survivorship related programs that utilize a multidisciplinary, team based approach to care, including any of the following activities:
 (1)Coordination of care and transitions of care between cancer care providers, primary care physicians, mental health professionals and any other relevant providers.
 (2)Dissemination of information to, and training of, health care providers about linguistically and culturally competent follow-up care specific to cancer survivors.
 (3)Development of monitoring programs for cancer survivors and their families. (4)Incorporation of peer support and mentoring programs to improve the quality of life of cancer survivors.
 (5)Designing systems and models for the effective transfer of treatment information and care summaries from cancer care providers to other health care providers (including risk factors and a care plan).
 (6)Evaluation of functional status and incorporation of specific functional needs into the care planning process.
 (7)Dissemination of the information on activities and programs conducted under this section to other health care providers (including primary care physicians) and to cancer survivors and their families, where appropriate.
 (8)Other items determined by the Secretary. (d)MeasuresThe Secretary may use the following measures to assess the performance of each site:
 (1)Patient care and patient/family satisfaction measures. (2)Resource utilization measures.
 (3)Adult survivorship measures, as appropriate. (e)GAO ReportThe Comptroller General of the United States shall submit a report to Congress evaluating the success of the demonstration project. Such report shall include an assessment of the impact of the project upon the quality and cost-efficiency of services furnished to individuals under this title, including an assessment of the satisfaction of such individuals with respect to such services that were furnished under such project. Such report shall include recommendations regarding the possible expansion of the demonstration project.
					BCoverage and Payment of High Quality Care
				211.Report by the Comptroller General
 (a)In generalThe Comptroller General of the United States shall conduct a review and submit recommendations to Congress on existing barriers to obtaining and paying for adequate medical care for survivors of childhood cancer.
 (b)ConsiderationsIn carrying out the review and formulating recommendations under subsection (a), the Comptroller General shall—
 (1)identify existing barriers to the availability of complete and coordinated survivorship care for survivors of childhood cancer and to the availability of expert pediatric palliative care, including consideration of—
 (A)understanding and education among patients, health care providers, regulators, and third-party payors;
 (B)adequacy of payment codes to cover necessary survivorship services; (C)access to necessary medical and other services for such survivors, including the services described in subsection (c); and
 (D)lack of pediatric palliative care across all stages of illness and hospice services for patients approaching the end of life; and
 (2)make recommendations to provide improved access and payment plans for childhood cancer survivorship programs and palliative care, including psychosocial services and coverage of such services.
 (c)Services describedThe services described in this subsection are the following: (1)Coordinated multidisciplinary long-term follow-up care with access to appropriate pediatric subspecialists and adult subspecialists with specific expertise in survivorship, including subspecialists with expertise in oncology, radiation oncology, surgery, cardiology, psychiatry or psychology, endocrinology, pulmonology, nephrology, dermatology, gynecology, and urology.
 (2)Appropriate organ function testing (particularly screening for potential problems at much younger ages than usually indicated in the general population) and treatment, including—
 (A)neuropsychological testing and mental health services; (B)fertility testing and treatment;
 (C)evaluation and treatment for endocrine disorders including growth hormone and testosterone replacement;
 (D)diagnostic imaging to screen for late effects of treatment (including subsequent cancers), such as mammograms and magnetic resonance imaging testing to screen for possible breast cancer;
 (E)screening for cardiac problems, such as echocardiograms; (F)screening for osteoporosis with bone densitometry, including duel x-ray absorptiometry and monitoring 25-hydroxyvitamin D levels;
 (G)dental coverage and necessary dental implants; (H)hearing aids and other prosthetic devices; and
 (I)screening for lung problems, such as pulmonary function testing.


115 HR 6756 : American Innovation Act of 2018
U.S. House of Representatives
2018-09-28
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.

		IIB
		115th CONGRESS2d Session
		H. R. 6756
		IN THE SENATE OF THE UNITED STATES
		September 28, 2018Received; read twice and referred to the Committee on FinanceAN ACT
		To amend the Internal Revenue Code of 1986 to promote new business innovation, and for other
			 purposes.

 1.Short titleThis Act may be cited as the American Innovation Act of 2018. 2.Simplification and expansion of deduction for start-up and organizational expenditures (a)In generalSection 195 of the Internal Revenue Code of 1986 is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by striking all that precedes subsection (d) (as so redesignated) and inserting the following:

					195.Start-up and organizational expenditures
 (a)Capitalization of expendituresExcept as otherwise provided in this section, no deduction shall be allowed for start-up or organizational expenditures.
						(b)Election to deduct
 (1)In generalIf a taxpayer elects the application of this subsection with respect to any active trade or business—
 (A)the taxpayer shall be allowed a deduction for the taxable year in which such active trade or business begins in an amount equal to the lesser of—
 (i)the aggregate amount of start-up and organizational expenditures paid or incurred in connection with such active trade or business, or
 (ii)$20,000, reduced (but not below zero) by the amount by which such aggregate amount exceeds $120,000, and
 (B)the remainder of such start-up and organizational expenditures shall be charged to capital account and allowed as an amortization deduction determined by amortizing such expenditures ratably over the 180-month period beginning with the month in which the active trade or business begins.
 (2)Application to organizational expendituresIn the case of organizational expenditures with respect to any corporation or partnership, the active trade or business referred to in paragraph (1) means the first active trade or business carried on by such corporation or partnership.
 (3)Inflation adjustmentIn the case of any taxable year beginning after December 31, 2019, the $20,000 and $120,000 amounts in paragraph (1)(A)(ii) shall each be increased by an amount equal to—
 (A)such dollar amount, multiplied by (B)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2018 for calendar year 2016 in subparagraph (A)(ii) thereof.
								If any amount as increased under the preceding sentence is not a multiple of $1,000, such amount
			 shall be rounded to the nearest multiple of $1,000.(c)Allowance of deduction upon liquidation or disposition
 (1)Liquidation of partnership or corporationIf any partnership or corporation is completely liquidated by the taxpayer, any start-up or organizational expenditures paid or incurred in connection with such partnership or corporation which were not allowed as a deduction by reason of this section may be deducted to the extent allowable under section 165.
 (2)Disposition of trade or businessIf any trade or business is completely disposed of or discontinued by the taxpayer, any start-up expenditures paid or incurred in connection with such trade or business which were not allowed as a deduction by reason of this section (and not taken into account in connection with a liquidation to which paragraph (1) applies) may be deducted to the extent allowable under section 165. For purposes of this paragraph, in the case of any deduction allowed under subsection (b)(1) with respect to both start-up and organizational expenditures, the amount treated as so allowed with respect to start-up expenditures shall bear the same ratio to such deduction as the start-up expenditures taken into account in determining such deduction bears to the aggregate of the start-up and organizational expenditures so taken into account..
 (b)Organizational expendituresSection 195(d) of such Code, as redesignated by subsection (a), is amended by adding at the end the following new paragraphs:

 (3)Organizational expendituresThe term organizational expenditures means any expenditure which— (A)is incident to the creation of a corporation or a partnership,
 (B)is chargeable to capital account, and (C)is of a character which, if expended incident to the creation of a corporation or a partnership having an ascertainable life, would be amortizable over such life.
 (4)Application to certain disregarded entitiesIn the case of any entity with a single owner that is disregarded as an entity separate from its owner, this section shall be applied in the same manner as if such entity were a corporation..
 (c)ElectionSection 195(e)(2) of such Code, as redesignated by subsection (a), is amended to read as follows:  (2)Partnerships and S corporationsIn the case of any partnership or S corporation, the election under subsection (b) shall be made (and this section shall be applied) at the entity level..
			(d)Conforming amendments
				(1)
 (A)Part VIII of subchapter B of chapter 1 is amended by striking section 248 of such Code (and by striking the item relating to such section in the table of sections of such part).
 (B)Section 170(b)(2)(D)(ii) of such Code is amended by striking (except section 248). (C)Section 312(n)(3) of such Code is amended by striking Sections 173 and 248 and inserting Sections 173 and 195.
 (D)Section 535(b)(3) of such Code is amended by striking (except section 248). (E)Section 545(b)(3) of such Code is amended by striking (except section 248).
 (F)Section 545(b)(4) of such Code is amended by striking (except section 248). (G)Section 834(c)(7) of such Code is amended by striking (except section 248).
 (H)Section 852(b)(2)(C) of such Code is amended by striking (except section 248). (I)Section 857(b)(2)(A) of such Code is amended by striking (except section 248).
 (J)Section 1363(b) of such Code is amended by adding and at the end of paragraph (2), by striking paragraph (3), and by redesignating paragraph (4) as paragraph (3).
 (K)Section 1375(b)(1)(B)(i) of such Code is amended by striking (other than the deduction allowed by section 248, relating to organization expenditures). (2) (A)Section 709 of such Code is amended to read as follows:

 709.Treatment of syndication feesNo deduction shall be allowed under this chapter to a partnership or to any partner of the partnership for any amounts paid or incurred to promote the sale of (or to sell) an interest in the partnership..
 (B)The item relating to section 709 in the table of sections for part I of subchapter K of chapter 1 of such Code is amended to read as follows:

								Sec. 709. Treatment of syndication fees..
 (3)Section 1202(e)(2)(A) of such Code is amended by striking section 195(c)(1)(A) and inserting section 195(d)(1)(A). (4)The item relating to section 195 in the table of contents of part VI of subchapter B of chapter 1 of such Code is amended to read as follows:

							Sec. 195. Start-up and organizational expenditures..
 (e)Effective dateThe amendments made by this section shall apply to expenditures paid or incurred in connection with active trades or businesses which begin in taxable years beginning after December 31, 2018.
			3.Preservation of start-up net operating losses and tax credits after ownership change
 (a)Application to net operating lossesSection 382(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

					(4)Exception for start-up losses
 (A)In generalIn the case of any net operating loss carryforward described in paragraph (1)(A) which arose in a start-up period taxable year, the amount of such net operating loss carryforward otherwise taken into account under such paragraph shall be reduced by the net start-up loss determined with respect to the trade or business referred to in subparagraph (B)(i) for such start-up period taxable year.
 (B)Start-up period taxable yearThe term start-up period taxable year means any taxable year of the old loss corporation which— (i)begins before the close of the 3-year period beginning on the date on which any trade or business of such corporation begins as an active trade or business (as determined under section 195(d)(2) without regard to subparagraph (B) thereof), and
 (ii)ends after September 10, 2018. (C)Net start-up loss (i)In generalThe term net start-up loss means, with respect to any trade or business referred to in subparagraph (B)(i) for any start-up period taxable year, the amount which bears the same ratio (but not greater than 1) to the net operating loss carryforward which arose in such start-up period taxable year as—
 (I)the net operating loss (if any) which would have been determined for such start-up period taxable year if only items of income, gain, deduction, and loss properly allocable to such trade or business were taken into account, bears to
 (II)the amount of the net operating loss determined for such start-up period taxable year. (ii)Special rule for last taxable year in start-up periodIn the case of any start-up period taxable year which ends after the close of the 3-year period described in subparagraph (B)(i) with respect to any trade or business, the net start-up loss with respect to such trade or business for such start-up period taxable year shall be the same proportion of such loss (determined without regard to this clause) as the proportion of such start-up period taxable year which is on or before the last day of such period.
 (D)Application to net operating loss arising in year of ownership changeSubparagraph (A) shall apply to any net operating loss described in paragraph (1)(B) in the same manner as such subparagraph applies to net operating loss carryforwards described in paragraph (1)(A), but by only taking into account the amount of such net operating loss (and the amount of the net start-up loss) which is allocable under paragraph (1)(B) to the period described in such paragraph. Proper adjustment in the allocation of the net start-up loss under the preceding sentence shall be made in the case of a taxable year to which subparagraph (C)(ii) applies.
						(E)Application to taxable years which are start-up period taxable years with respect to more than 1
 trade or businessIn the case of any net operating loss carryforward which arose in a taxable year which is a start-up period taxable year with respect to more than 1 trade or business—
 (i)this paragraph shall be applied separately with respect to each such trade or business, and (ii)the aggregate reductions under subparagraph (A) shall not exceed such net operating loss carryforward.
 (F)Continuity of business requirementIf the new loss corporation does not continue the trade or business referred to in subparagraph (B)(i) at all times during the 2-year period beginning on the change date, this paragraph shall not apply with respect to such trade or business.
						(G)Certain title 11 or similar cases
 (i)Multiple ownership changesIn the case of a 2nd ownership change to which subsection (l)(5)(D) applies, this paragraph shall not apply for purposes of determining the pre-change loss with respect to such 2nd ownership change.
 (ii)Certain insolvency transactionsIf subsection (l)(6) applies for purposes of determining the value of the old loss corporation under subsection (e), this paragraph shall not apply.
 (H)Not applicable to disallowed interestThis paragraph shall not apply for purposes of applying the rules of paragraph (1) to the carryover of disallowed interest under paragraph (3).
 (I)Transition ruleThis paragraph shall not apply with respect to any trade or business if the date on which such trade or business begins as an active trade or business (as determined under section 195(d)(2) without regard to subparagraph (B) thereof) is on or before September 10, 2018..
 (b)Application to excess creditsSection 383 of such Code is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection:

					(e)Exception for start-up excess credits
 (1)In generalIn the case of any unused general business credit of the corporation under section 39 which arose in a start-up period taxable year, the amount of such unused general business credit otherwise taken into account under subsection (a)(2)(A) shall be reduced by the start-up excess credit determined with respect to any trade or business referred to in section 382(d)(4)(B)(i) for such start-up period taxable year.
 (2)Start-up period taxable yearFor purposes of this subsection, the term start-up period taxable year has the meaning given such term in section 382(d)(4)(B). (3)Start-up excess creditFor purposes of this subsection, the term start-up excess credit means, with respect to any trade or business referred to in section 382(d)(4)(B)(i) for any start-up period taxable year, the amount which bears the same ratio to the unused general business credit which arose in such start-up period taxable year as—
 (A)the amount of the general business credit which would have been determined for such start-up period taxable year if only credits properly allocable to such trade or business were taken into account, bears to
 (B)the amount of the general business credit determined for such start-up period taxable year. (4)Application of certain rulesRules similar to the rules of subparagraphs (C)(ii), (D), (E), and (F) of section 382(d)(4) shall apply for purposes of this subsection.
 (5)Transition ruleThis subsection shall not apply with respect to any trade or business if the date on which such trade or business begins as an active trade or business (as determined under section 195(d)(2) without regard to subparagraph (B) thereof) is on or before September 10, 2018..
 (c)Effective dateThe amendments made by this section shall apply to taxable years ending after September 10, 2018. 4.Budgetary effects (a)Statutory PAYGO scorecardsThe budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
 (b)Senate PAYGO scorecardsThe budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).

	Passed the House of Representatives September 27, 2018.Karen L. Haas,Clerk