		IB
		Union Calendar No. 317
		112th CONGRESS
		2d Session
		H. R. 2308
		[Report No.
		  112–453]
		IN THE HOUSE OF
		  REPRESENTATIVES

			June 23, 2011
			Mr. Garrett (for
			 himself, Mr. Bachus,
			 Mr. Hensarling,
			 Mr. Neugebauer,
			 Mr. Jones,
			 Mr. McHenry,
			 Mr. Conaway,
			 Mr. King of New York,
			 Mr. Campbell,
			 Mr. Schweikert,
			 Mr. Stivers,
			 Mr. Dold, Mr. Manzullo, Mr.
			 Hurt, Mr. Canseco, and
			 Mr. Yoder) introduced the following
			 bill; which was referred to the
			 Committee on Financial
			 Services

			April 25, 2012
			Additional sponsors: Mr.
			 Grimm, Mr. Huizenga of
			 Michigan, Mr. Gary G. Miller of
			 California, and Mr. Bishop of
			 Utah

			April 25, 2012
			Reported with an amendment, committed to the Committee of
			 the Whole House on the State of the Union, and ordered to be
			 printed
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To improve the consideration by the
		  Securities and Exchange Commission of the costs and benefits of its regulations
		  and orders.

		1.Short titleThis Act may be cited as the
			 SEC Regulatory Accountability
			 Act.
		2.Consideration by
			 the Securities and Exchange Commission of the costs and benefits of its
			 regulations and ordersSection
			 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78w) is amended by adding
			 at the end the following:

				(e)Consideration of
				costs and benefits
					(1)In
				generalBefore promulgating a
				regulation under the securities laws, as defined in section 3(a), or issuing
				any order pursuant to such laws, the Commission shall—
						(A)clearly identify the nature of the problem
				that the proposed regulation is designed to address, as well as assess the
				significance of that problem, to enable assessment of whether any new
				regulation is warranted;
						(B)utilize the Office of the Chief Economist
				to assess the costs and benefits, both qualitative and quantitative, of the
				intended regulation or order and propose or adopt a regulation or order only on
				a reasoned determination that the benefits of the intended regulation or order
				justify the costs of the intended regulation or order; and
						(C)ensure that any regulation or order is
				accessible, consistent, written in plain language, and easy to understand and
				shall measure, and seek to improve, the actual results of regulatory
				requirements.
						(2)ConsiderationsIn deciding whether and how to regulate,
				the Commission shall assess the costs and benefits of available regulatory
				alternatives, including the alternative of not regulating. In addition, the
				Commission may also take the following actions in making a reasoned
				determination of the costs and benefits of a potential regulation—
						(A)assess the best ways of protecting market
				participants and the public;
						(B)take into
				consideration investor choice;
						(C)consider the
				impact on capital formation;
						(D)evaluate the
				effect on the efficiency, competitiveness, and financial integrity of
				securities markets;
						(E)consider the
				impact on market liquidity in the securities markets;
						(F)take into
				consideration price discovery;
						(G)evaluate sound
				risk management practices;
						(H)evaluate the
				degree and nature of the risks posed by various activities within the scope of
				its jurisdiction;
						(I)determine whether,
				consistent with obtaining regulatory objectives, the regulation is tailored to
				impose the least burden on society, including market participants, individuals,
				businesses of differing sizes, and other entities (including State and local
				governmental entities), taking into account, to the extent practicable, the
				cumulative costs of regulations;
						(J)determine whether
				the regulation is inconsistent, incompatible, or duplicative of other Federal
				regulations; and
						(K)determine whether,
				in choosing among alternative regulatory approaches, those approaches maximize
				net benefits.
						(3)Review of
				Existing RegulationsThe
				Commission shall periodically review its regulations and orders in effect
				before the date of enactment of this subsection to determine whether any such
				regulations or orders are outmoded, ineffective, insufficient, or excessively
				burdensome, and shall modify, streamline, expand, or repeal them in accordance
				with such
				review.
					.

		1.Short titleThis Act may be cited as the
			 SEC Regulatory Accountability
			 Act.
		2.Consideration by the
			 Securities and Exchange Commission of the costs and benefits of its regulations
			 and certain other agency actionsSection 23 of the Securities Exchange Act of
			 1934 (15 U.S.C. 78w) is amended by adding at the end the following:

				(e)Consideration of costs
				and benefits
					(1)In
				generalBefore issuing a
				regulation under the securities laws, as defined in section 3(a), the
				Commission shall—
						(A)clearly identify the nature and source of
				the problem that the proposed regulation is designed to address, as well as
				assess the significance of that problem, to enable assessment of whether any
				new regulation is warranted;
						(B)utilize the Chief Economist to assess the
				costs and benefits, both qualitative and quantitative, of the intended
				regulation and propose or adopt a regulation only on a reasoned determination
				that the benefits of the intended regulation justify the costs of the
				regulation;
						(C)identify and assess available alternatives
				to the regulation that were considered, including modification of an existing
				regulation, together with an explanation of why the regulation meets the
				regulatory objectives more effectively than the alternatives; and
						(D)ensure that any regulation is accessible,
				consistent, written in plain language, and easy to understand and shall
				measure, and seek to improve, the actual results of regulatory
				requirements.
						(2)Considerations and
				actions
						(A)Required
				actionsIn deciding whether and how to regulate, the Commission
				shall assess the costs and benefits of available regulatory alternatives,
				including the alternative of not regulating, and choose the approach that
				maximizes net benefits. Specifically, the Commission shall—
							(i)consistent with the
				requirements of section 3(f) (15 U.S.C. 78c(f)), section 2(b) of the Securities
				Act of 1933 (15 U.S.C. 77b(b)), section 202(c) of the Investment Advisers Act
				of 1940 (15 U.S.C. 80b–2(c)), and section 2(c) of the Investment Company Act of
				1940 (15 U.S.C. 80a–2(c)), consider whether the rulemaking will promote
				efficiency, competition, and capital formation;
							(ii)evaluate whether,
				consistent with obtaining regulatory objectives, the regulation is tailored to
				impose the least burden on society, including market participants, individuals,
				businesses of differing sizes, and other entities (including State and local
				governmental entities), taking into account, to the extent practicable, the
				cumulative costs of regulations; and
							(iii)evaluate whether the
				regulation is inconsistent, incompatible, or duplicative of other Federal
				regulations.
							(B)Additional
				considerationsIn addition,
				in making a reasoned determination of the costs and benefits of a potential
				regulation, the Commission shall, to the extent that each is relevant to the
				particular proposed regulation, take into consideration the impact of the
				regulation on—
							(i)investor choice;
							(ii)market liquidity in the
				securities markets; and
							(iii)small businesses
							(3)Explanation and
				commentsThe Commission shall
				explain in its final rule the nature of comments that it received, including
				those from the industry or consumer groups concerning the potential costs or
				benefits of the proposed rule or proposed rule change, and shall provide a
				response to those comments in its final rule, including an explanation of any
				changes that were made in response to those comments and the reasons that the
				Commission did not incorporate those industry group concerns related to the
				potential costs or benefits in the final rule.
					(4)Review of Existing
				RegulationsNot later than 1
				year after the date of enactment of the SEC Regulatory Accountability Act, and
				every 5 years thereafter, the Commission shall review its regulations to
				determine whether any such regulations are outmoded, ineffective, insufficient,
				or excessively burdensome, and shall modify, streamline, expand, or repeal them
				in accordance with such review.
					(5)Post-adoption impact
				assessment
						(A)In
				generalWhenever the Commission adopts or amends a regulation
				designated as a major rule within the meaning of section 804(2)
				of title 5, United States Code, it shall state, in its adopting release, the
				following:
							(i)The purposes and intended consequences of
				the regulation.
							(ii)Appropriate post-implementation
				quantitative and qualitative metrics to measure the economic impact of the
				regulation and to measure the extent to which the regulation has accomplished
				the stated purposes.
							(iii)The assessment plan that will be used,
				consistent with the requirements of subparagraph (B) and under the supervision
				of the Chief Economist of the Commission, to assess whether the regulation has
				achieved the stated purposes.
							(iv)Any unintended or
				negative consequences that the Commission foresees may result from the
				regulation.
							(B)Requirements of
				assessment plan and report
							(i)Requirements of
				planThe assessment plan
				required under this paragraph shall consider the costs, benefits, and intended
				and unintended consequences of the regulation. The plan shall specify the data
				to be collected, the methods for collection and analysis of the data and a date
				for completion of the assessment.
							(ii)Submission and
				publication of reportThe
				Chief Economist shall submit the completed assessment report to the Commission
				no later than 2 years after the publication of the adopting release, unless the
				Commission, at the request of the Chief Economist, has published at least 90
				days before such date a notice in the Federal Register extending the date and
				providing specific reasons why an extension is necessary. Within 7 days after
				submission to the Commission of the final assessment report, it shall be
				published in the Federal Register for notice and comment. Any material
				modification of the plan, as necessary to assess unforeseen aspects or
				consequences of the regulation, shall be promptly published in the Federal
				Register for notice and comment.
							(iii)Data collection not
				subject to notice and comment requirementsIf the Commission has
				published its assessment plan for notice and comment, specifying the data to be
				collected and method of collection, at least 30 days prior to adoption of a
				final regulation or amendment, such collection of data shall not be subject to
				the notice and comment requirements in section 3506(c) of title 44, United
				States Code (commonly referred to as the Paperwork Reduction Act). Any material
				modifications of the plan that require collection of data not previously
				published for notice and comment shall also be exempt from such requirements if
				the Commission has published notice for comment in the Federal Register of the
				additional data to be collected, at least 30 days prior to initiation of data
				collection.
							(iv)Final
				actionNot later than 180
				days after publication of the assessment report in the Federal Register, the
				Commission shall issue for notice and comment a proposal to amend or rescind
				the regulation, or publish a notice that the Commission has determined that no
				action will be taken on the regulation. Such a notice will be deemed a final
				agency action.
							(6)Covered regulations and
				other agency actionsSolely
				as used in this subsection, the term regulation—
						(A)means an agency statement
				of general applicability and future effect that is designed to implement,
				interpret, or prescribe law or policy or to describe the procedure or practice
				requirements of an agency, including rules, orders of general applicability,
				interpretive releases, and other statements of general applicability that the
				agency intends to have the force and effect of law; and
						(B)does not include—
							(i)a regulation issued in
				accordance with the formal rulemaking provisions of section 556 or 557 of title
				5, United States Code;
							(ii)a regulation that is
				limited to agency organization, management, or personnel matters;
							(iii)a regulation
				promulgated pursuant to statutory authority that expressly prohibits compliance
				with this provision; and
							(iv)a regulation that is
				certified by the agency to be an emergency action, if such certification is
				published in the Federal
				Register.
							.
		3.Submission of plan for
			 subjecting other regulatory entities to cost and benefit
			 requirementsNot later than 1
			 year after the date of enactment of this Act, the Securities and Exchange
			 Commission shall provide to the Committee on Financial Services of the House of
			 Representatives and the Committee on Banking, Housing, and Urban Affairs of the
			 Senate a report setting forth a plan for subjecting the Public Company
			 Accounting Oversight Board, the Municipal Securities Rulemaking Board, and any
			 national securities association registered under section 15A of the Securities
			 Exchange Act of 1934 (15 U.S.C. 78o–4(a)) to the requirements subsection (e) of
			 section 23 of such Act, as added by this Act.

		April 25, 2012
		Reported with an amendment, committed to the Committee of
		  the Whole House on the State of the Union, and ordered to be
		  printed


113 S1646 IS: To amend subtitle IV of title 40, United States Code, regarding county additions to the Appalachian region.
U.S. Senate
2013-11-05
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 CONGRESS1st SessionS. 1646IN THE SENATE OF THE UNITED STATESNovember 5, 2013Mr. Alexander (for himself and Mr. Corker) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend subtitle IV of title 40, United States Code, regarding county additions to the Appalachian region.1.Additions to appalachian
			 regionSection 14102(a)(1)(K)
			 of title 40, United States Code, is amended—(1)by inserting
			 Hickman, after Hawkins,;(2)by inserting
			 Perry, after Overton,; and(3)by inserting
			 Wayne, after Washington,.


116 HR 2228 IH: To offer persistent poverty counties and political subdivisions of such counties the opportunity to have their rural development loans restructured.
U.S. House of Representatives
2019-04-10
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.

I116th CONGRESS1st SessionH. R. 2228IN THE HOUSE OF REPRESENTATIVESApril 10, 2019Mr. Butterfield introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committees on Financial Services, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo offer persistent poverty counties and political subdivisions of such counties the opportunity to
			 have their rural development loans restructured.

		1.Opportunity for persistent poverty counties and political subdivisions in those counties to have
			 their rural development loans restructured
 (a)In generalOn request of a persistent poverty county or a political subdivision of such a county that has an outstanding loan described in subsection (c), the entity that made the loan shall restructure the loan so that the interest rate on the loan is 0 percent and the loan term is 40 years.
 (b)Persistent poverty county definedIn subsection (a), the term persistent poverty county means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990, 2000, and 2010 decennial censuses.
 (c)Loan describedA loan is described in this subsection if the loan is any of the following: (1)Water and waste disposal loanA loan made under section 306(a)(1) of the Consolidated Farm and Rural Development Act for a water and waste disposal purpose.
 (2)Essential community facility loanA loan made under section 306(a)(1) of the Consolidated Farm and Rural Development Act for an essential community facility.
 (3)Telecommunications infrastructure loanA loan made under title III of the Rural Electrification Act of 1936. (4)Rural broadband access loanA loan made under section 601 of the Rural Electrification Act of 1936.
 (5)Distance learning and telemedicine loanA loan made under section 2333 of the Food Agriculture, Conservation, and Trade Act of 1990. (6)Broadband loan and grant pilot program loanA loan made under the program provided for in section 779 of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018.
 (7)Rural electrification loanA loan made under any provision of the Rural Electrification Act of 1936 for a rural electrification purpose.
 (8)Multifamily rural rental housing loanA loan made under section 515 of the Housing Act of 1949 (42 U.S.C. 1485).


116 HR 723 IH: Global Trade Accountability Act of 2019
U.S. House of Representatives
2019-01-23
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.

I116th CONGRESS1st SessionH. R. 723IN THE HOUSE OF REPRESENTATIVESJanuary 23, 2019Mr. Davidson of Ohio (for himself, Mr. Amash, Mr. Barr, Mr. Buck, Mr. LaHood, Mr. Meadows, Mr. Posey, Mr. Walker, Mr. Budd, Mr. Johnson of Louisiana, and Mr. Banks) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo provide for congressional review of the imposition of duties and other trade measures by the
			 executive branch, and for other purposes.

 1.Short titleThis Act may be cited as the Global Trade Accountability Act of 2019. 2.Congressional review of unilateral trade actions (a)In generalChapter 5 of title I of the Trade Act of 1974 (19 U.S.C. 2191 et seq.) is amended by adding at the end the following:

					155.Congressional review of unilateral trade actions
						(a)Unilateral trade action defined
 (1)In generalIn this section, the term unilateral trade action means any of the following actions taken with respect to the importation of an article pursuant to a provision of law specified in paragraph (2):
 (A)A prohibition on importation of the article. (B)The imposition of or an increase in a duty applicable to the article.
 (C)The imposition or tightening of a tariff-rate quota applicable to the article. (D)The imposition or tightening of a quantitative restriction on the importation of the article.
 (E)The suspension, withdrawal, or prevention of the application of trade agreement concessions with respect to the article.
 (F)Any other restriction on importation of the article. (2)Provisions of law specifiedThe provisions of law specified in this paragraph are the following:
 (A)Section 122. (B)Title III.
 (C)Sections 406, 421, and 422. (D)Section 338 of the Tariff Act of 1930 (19 U.S.C. 1338).
 (E)Section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862). (F)Section 103(a) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4202(a)).
 (G)The Trading with the Enemy Act (50 U.S.C. 4301 et seq.). (H)The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
 (I)Any provision of law enacted to implement a trade agreement to which the United States is a party. (3)Exception for technical corrections to Harmonized Tariff ScheduleA technical correction to the Harmonized Tariff Schedule of the United States shall not be considered a unilateral trade action for purposes of this section.
 (b)Congressional approval requiredExcept as provided by subsection (d), a unilateral trade action may not take effect unless— (1)the President submits to Congress and to the Comptroller General of the United States a report that includes—
 (A)a description of the proposed unilateral trade action; (B)the proposed effective period for the action;
 (C)an analysis of the action, including whether the action is in the national economic interest of the United States;
 (D)an assessment of the potential effect of retaliation from trading partners affected by the action; and
 (E)a list of articles that will be affected by the action by subheading number of the Harmonized Tariff Schedule of the United States; and
 (2)a joint resolution of approval is enacted pursuant to subsection (e). (c)Report of Comptroller GeneralNot later than 15 days after the submission of the report required by subsection (b)(1) with respect to a proposed unilateral trade action, the Comptroller General shall submit to Congress a report on the proposed action that includes an assessment of the compliance of the President with the provision of law specified in subsection (a)(2) pursuant to which the action would be taken.
 (d)Temporary authorityNotwithstanding any other provision of this section, a unilateral trade action may take effect for one 90-calendar-day period (without renewal) if the President—
 (1)determines that is necessary for the unilateral trade action to take effect because the action is— (A)necessary because of a national emergency;
 (B)necessary because of an imminent threat to health or safety; (C)necessary for the enforcement of criminal laws; or
 (D)necessary for national security; and (2)submits written notice of the determination to Congress.
							(e)Procedures for joint resolution
 (1)Joint resolution definedFor purposes of this subsection, the term joint resolution means only a joint resolution of either House of Congress, the matter after the resolving clause of which is as follows: That Congress approves the action proposed by the President under section 155(b) of the Trade Act of 1974 in the report submitted to Congress under that section on _______., with the blank space being filled with the appropriate date.
 (2)IntroductionAfter a House of Congress receives a report under subsection (b)(1) with respect to a unilateral trade action, the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution—
 (A)in the case of the House of Representatives, within 3 legislative days; and (B)in the case of the Senate, within 3 session days.
 (3)Application of section 152The provisions of subsections (b) through (f) of section 152 shall apply to a joint resolution under this subsection to the same extent those provisions apply to a resolution under section 152.
 (f)Report by the United States International Trade CommissionNot later than 12 months after the date of a unilateral trade action taken pursuant to this section, the United States International Trade Commission shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the effects of the action on the United States economy, including a comprehensive assessment of the economic effects of the action on producers and consumers in the United States..
 (b)Clerical amendmentThe table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 154 the following:

						Sec. 155. Congressional review of unilateral trade actions..
			(c)Conforming amendments
 (1)Balance-of-payments authoritySection 122 of the Trade Act of 1974 (19 U.S.C. 2132) is amended— (A)in subsection (a), in the flush text following paragraph (3), by inserting and subject to approval under section 155 after Congress);
 (B)in subsection (c), in the flush text following paragraph (2), by inserting and subject to approval under section 155 after Congress); and (C)in subsection (g), by inserting and subject to approval under section 155 after of this section.
 (2)Rules of House and SenateSection 151(a) of the Trade Act of 1974 (19 U.S.C. 2191(a)) is amended— (A)in the matter preceding paragraph (1), by striking and 153 and inserting , 153, and 155; and
 (B)in paragraph (1), by striking and 153(a) and inserting , 153(a), and 155(e). (3)Enforcement of rights under trade agreementsTitle III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended—
 (A)in section 301— (i)in subsection (a), in the flush text, by inserting to approval under section 155 and after subsection (c), subject; and
 (ii)in subsection (b)(2), by inserting to approval under section 155 and after subsection (c), subject; (B)in section 305(a)(1), by inserting to approval under section 155 and after section 301, subject; and
 (C)in section 307(a)(1), in the matter preceding subparagraph (A), by inserting to approval under section 155 and after any action, subject. (4)Market disruptionSection 406 of the Trade Act of 1974 (19 U.S.C. 2436) is amended—
 (A)in subsection (b), in the matter preceding paragraph (1), by striking With respect to and inserting Subject to approval under section 155, with respect to; and (B)in subsection (c), in the second sentence, by striking If the President and inserting Subject to approval under section 155, if the President.
 (5)Action to address market disruptionSection 421 of the Trade Act of 1974 (19 U.S.C. 2451) is amended— (A)in subsection (a), by inserting and subject to approval under section 155 after of this section;
 (B)in subsection (i)(4)(A), by inserting , subject to approval under section 155, after provisional relief and; (C)in subsection (k)(1), by striking Within 15 days and inserting Subject to section 155, within 15 days;
 (D)by striking subsection (m) and by redesignating subsections (n) and (o) as subsections (m) and (n), respectively;
 (E)in subsection (m), as redesignated by subparagraph (D)— (i)in paragraph (1), by striking subsection (m) and inserting this section; and
 (ii)in paragraph (2), by inserting and subject to approval under section 155 after paragraph (1); and (F)in paragraph (3) of subsection (n), as redesignated by subparagraph (D), by striking subsection (m) and inserting this section.
 (6)Action in response to trade diversionSection 422(h) of the Trade Act of 1974 (19 U.S.C. 2451a(h)) is amended by striking Within 20 days and inserting Subject to approval under section 155, within 20 days. (7)Discrimination by foreign countriesSection 338 of the Tariff Act of 1930 (19 U.S.C. 1338) is amended—
 (A)in subsection (a), in the matter preceding paragraph (1), by inserting , subject to approval under section 155 of the Trade Act of 1974, after by proclamation; (B)in subsection (b), by inserting subject to approval under section 155 of the Trade Act of 1974 and after hereby authorized,;
 (C)in subsection (c), by striking Any proclamation and inserting Subject to approval under section 155 of the Trade Act of 1974, any proclamation; (D)in subsection (d), by inserting subject to approval under section 155 of the Trade Act of 1974 and after he shall,; and
 (E)in subsection (e), by inserting subject to approval under section 155 of the Trade Act of 1974 and after he shall,. (8)Safeguarding national securitySection 232(c)(1)(B) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(c)(1)(B)) is amended by inserting , subject to approval under section 155 of the Trade Act of 1974, after shall.
 (9)Bipartisan Congressional Trade Priorities and Accountability Act of 2015Section 103(a) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4202(a)) is amended—
 (A)in paragraph (1)(B), by inserting and approval under section 155 of the Trade Act of 1974 after paragraphs (2) and (3); and (B)in paragraph (7), by inserting and approval under section 155 of the Trade Act of 1974 after 3524).
 (10)International Emergency Economic Powers ActSection 203(a)(1)(B) of the International Emergency Economic Powers Act (50 U.S.C. 1702(a)(1)(B)) is amended by inserting (subject to section 155 of the Trade Act of 1974) after importation.
 (11)Trading with the enemy actSection 11 of the Trading with the Enemy Act (50 U.S.C. 4311) is amended by striking Whenever and inserting Subject to approval under section 155 of the Trade Act of 1974, whenever. (12)Free trade agreement implementing bills (A)North American Free Trade Agreement Implementation ActSection 201 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3331) is amended—
 (i)in subsection (a)(1), in the matter preceding subparagraph (A), by striking may and inserting may, subject to approval under section 155 of the Trade Act of 1974,; and (ii)in subsection (b)(1), in the matter preceding subparagraph (A), by striking and the consultation and layover requirements of section 103(a) and inserting , the consultation and layover requirements of section 103(a), and approval under section 155 of the Trade Act of 1974,.
 (B)Uruguay Round Agreements ActSection 111 of the Uruguay Round Agreements Act (19 U.S.C. 3521) is amended— (i)in subsection (a), in the matter preceding paragraph (1), by inserting and subject to approval under section 155 of the Trade Act of 1974 after 2902);
 (ii)in subsection (b), in the matter preceding paragraph (1), by inserting and approval under section 155 of the Trade Act of 1974 after section 115; (iii)in subsection (c)(1)(A), in the flush text at the end, by striking may and inserting may, subject to approval under section 155 of the Trade Act of 1974,; and
 (iv)in subsection (e)(1), in the matter preceding subparagraph (A), by inserting and approval under section 155 of the Trade Act of 1974 after section 115. (C)United States-Israel Free Trade Area Implementation Act of 1985Section 4 of the United States-Israel Free Trade Area Implementation Act of 1985 (Public Law 99–47; 19 U.S.C. 2112 note) is amended—
 (i)in subsection (a), in the matter preceding paragraph (1), by inserting and subject to approval under section 155 of the Trade Act of 1974 after subsection (c); and (ii)in subsection (b), in the matter preceding paragraph (1), by inserting and subject to approval under section 155 of the Trade Act of 1974 after subsection (c).
 (D)United States-Jordan Free Trade Area Implementation ActSection 101 of the United States-Jordan Free Trade Area Implementation Act (Public Law 107–43; 19 U.S.C. 2112 note) is amended—
 (i)in subsection (a), in the matter preceding paragraph (1), by striking may and inserting may, subject to approval under section 155 of the Trade Act of 1974,; and (ii)in subsection (b), in the matter preceding paragraph (1), by striking may and inserting may, subject to approval under section 155 of the Trade Act of 1974,.
 (E)Dominican Republic-Central America-United States Free Trade Agreement Implementation ActSection 201 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (19 U.S.C. 4031) is amended—
 (i)in subsection (a)(1), in the matter preceding subparagraph (A), by striking may and inserting may, subject to approval under section 155 of the Trade Act of 1974,; and (ii)in subsection (b), in the matter preceding paragraph (1), by inserting and approval under section 155 of the Trade Act of 1974 after section 104.
 (F)United States-Chile Free Trade Agreement Implementation ActSection 201 of the United States-Chile Free Trade Agreement Implementation Act (Public Law 108–77; 19 U.S.C. 3805 note) is amended—
 (i)in subsection (a)(1), in the matter preceding subparagraph (A), by striking may and inserting may, subject to approval under section 155 of the Trade Act of 1974,; and (ii)in subsection (b), in the matter preceding paragraph (1), by inserting and approval under section 155 of the Trade Act of 1974 after section 103(a).
 (G)United States-Singapore Free Trade Agreement Implementation ActSection 201 of the United States-Singapore Free Trade Agreement Implementation Act (Public Law 108–78; 19 U.S.C. 3805 note) is amended—
 (i)in subsection (a), in the matter preceding paragraph (1), by striking may and inserting may, subject to approval under section 155 of the Trade Act of 1974,; and (ii)in subsection (b), in the matter preceding paragraph (1), by inserting and approval under section 155 of the Trade Act of 1974 after section 103(a).
 (H)United States-Australia Free Trade Agreement Implementation ActSection 201 of the United States-Australia Free Trade Agreement Implementation Act (Public Law 108–286; 19 U.S.C. 3805 note) is amended—
 (i)in subsection (a), in the matter preceding paragraph (1), by striking may and inserting may, subject to approval under section 155 of the Trade Act of 1974,; and (ii)in subsection (b), in the matter preceding paragraph (1), by inserting and approval under section 155 of the Trade Act of 1974 after section 104.
 (I)United States-Morocco Free Trade Agreement Implementation ActSection 201 of the United States-Morocco Free Trade Agreement Implementation Act (Public Law 108–302; 19 U.S.C. 3805 note) is amended—
 (i)in subsection (a)(1), in the matter preceding subparagraph (A), by striking may and inserting may, subject to approval under section 155 of the Trade Act of 1974,; and (ii)in subsection (b), in the matter preceding paragraph (1), by inserting and approval under section 155 of the Trade Act of 1974 after section 104.
 (J)United States-Bahrain Free Trade Agreement Implementation ActSection 201 of the United States-Bahrain Free Trade Agreement Implementation Act (Public Law 109–169; 19 U.S.C. 3805 note) is amended—
 (i)in subsection (a)(1), in the matter preceding subparagraph (A), by striking may and inserting may, subject to approval under section 155 of the Trade Act of 1974,; and (ii)in subsection (b), in the matter preceding paragraph (1), by inserting and approval under section 155 of the Trade Act of 1974 after section 104.
 (K)United States-Oman Free Trade Agreement Implementation ActSection 201 of the United States-Oman Free Trade Agreement Implementation Act (Public Law 109–283; 19 U.S.C. 3805 note) is amended—
 (i)in subsection (a)(1), in the matter preceding subparagraph (A), by striking may and inserting may, subject to approval under section 155 of the Trade Act of 1974,; and (ii)in subsection (b), in the matter preceding paragraph (1), by inserting and approval under section 155 of the Trade Act of 1974 after section 104.
 (L)United States-Peru Trade Promotion Agreement Implementation ActSection 201 of the United States-Peru Trade Promotion Agreement Implementation Act (Public Law 110–138; 19 U.S.C. 3805 note) is amended—
 (i)in subsection (a)(1), in the matter preceding subparagraph (A), by striking may and inserting may, subject to approval under section 155 of the Trade Act of 1974,; and (ii)in subsection (b), in the matter preceding paragraph (1), by inserting and approval under section 155 of the Trade Act of 1974 after section 104.
 (M)United States-Korea Free Trade Agreement Implementation ActSection 201 of the United States-Korea Free Trade Agreement Implementation Act (Public Law 112–41; 19 U.S.C. 3805 note) is amended—
 (i)in subsection (a), in the matter preceding paragraph (1), by striking may and inserting may, subject to approval under section 155 of the Trade Act of 1974,; and (ii)in subsection (b), in the matter preceding paragraph (1), by inserting and approval under section 155 of the Trade Act of 1974 after section 104.
 (N)United States-Colombia Trade Promotion Agreement Implementation ActSection 201 of the United States-Colombia Trade Promotion Agreement Implementation Act (Public Law 112–42; 19 U.S.C. 3805 note) is amended—
 (i)in subsection (a)(1), in the matter preceding subparagraph (A), by striking may and inserting may, subject to approval under section 155 of the Trade Act of 1974,; and (ii)in subsection (b), in the matter preceding paragraph (1), by inserting and approval under section 155 of the Trade Act of 1974 after section 104.
 (O)United States-Panama Trade Promotion Agreement Implementation ActSection 201 of the United States-Panama Trade Promotion Agreement Implementation Act (Public Law 112–43; 19 U.S.C. 3805 note) is amended—
 (i)in subsection (a)(1), in the matter preceding subparagraph (A), by striking may and inserting may, subject to approval under section 155 of the Trade Act of 1974,; and (ii)in subsection (b), in the matter preceding paragraph (1), by inserting and approval under section 155 of the Trade Act of 1974 after section 104.


117 SRES 46 IS: Calling on the President of the United States to take executive action to broadly cancel Federal student loan debt.
U.S. Senate
2021-02-08
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.

III117th CONGRESS1st SessionS. RES. 46IN THE SENATE OF THE UNITED STATESFebruary 8, 2021Mr. Schumer (for himself, Ms. Warren, Mr. Brown, Mr. Durbin, Ms. Duckworth, Mr. Merkley, Mr. Markey, Mr. Van Hollen, Mr. Schatz, Mr. Blumenthal, Mr. Booker, Mr. Wyden, Mr. Luján, Mr. Menendez, Mr. Sanders, and Mr. Ossoff) submitted the following resolution; which was referred to the Committee on Health, Education, Labor, and PensionsRESOLUTIONCalling on the President of the United States to take executive action to broadly cancel Federal student loan debt.Whereas the United States is facing historic public health and economic crises caused by the coronavirus (COVID–19) pandemic that threatens the financial well-being of nearly every American family;Whereas even before the COVID–19 pandemic, the United States also faced a historic student loan crisis, which is currently holding back our struggling economy and restricting opportunity and prosperity for millions of American families; Whereas nearly 43,000,000 Americans currently hold more than $1,500,000,000,000 in Federal student loan debt; Whereas more than 9,000,000 Federal student loan borrowers are currently in default on those Federal student loans; Whereas the COVID–19 economic recession and historic unemployment have compounded stagnant wages, labor market discrimination, and rising costs of living, making it nearly impossible for many Americans to ever fully repay their student loans; Whereas this historic student debt crisis has left millions of Americans less prepared to weather the recession triggered by the COVID–19 pandemic as Black and Brown communities, which never fully recovered from the devastating effects of the previous economic recession, have been hit hardest by the devastating health and economic consequences of the COVID–19 pandemic; Whereas student debt disproportionately impacts Black and Brown borrowers, who face the worst effects of the student debt crisis, with—(1)Black households disproportionately holding the most debt, compared to other households; (2)Black students, due to ongoing structural barriers that have resulted in persistent racial inequities in incomes and wealth, forced to accrue more student debt and more often than their White peers;(3)Black student borrowers struggling more in student loan repayment, including defaulting at higher rates than their White peers;(4)nearly half of Black graduates owing more on their undergraduate student loans 4 years after graduation than they did when they received their degree; (5)the median Black student borrower owing 95 percent of their debt 20 years after starting college, while the median White student borrower owing 6 percent of their debt after such period; (6)Latino student borrowers, who borrow at rates similar to their White peers despite having lower household incomes and significantly less household wealth, are more likely than their White peers to default on their student loans; (7)within 6 years of starting school, Latino borrowers are almost twice as likely to default on their student loans, in comparison to their White peers; and(8)women of color, particularly Black women, on average take on more student loan debt than members of any other group and are more likely to face difficulties repaying student loans;Whereas parents, grandparents, and older individuals are especially vulnerable to the burden of student loan debt, as people over the age of 50 are most likely to default on their student loans and over 114,000 retired people have had their Social Security benefits garnished due to their student loans;Whereas almost 1/3 of the outstanding Federal student loan debt is held by individuals who did not complete their degree or program, and nearly 40 percent of Federal student loan borrowers have no degree 6 years after enrolling in college; Whereas Black students and other students who have attended Historically Black Colleges and Universities have had to bear a larger share of student loan debt because of the historic and continued underfunding of these institutions at the State and Federal levels; Whereas student loan debt cancellation for the families that need it most can substantially increase Black and Latino household wealth and help close racial wealth gaps; Whereas women hold more than two-thirds of the Nation’s student loan debt and must borrow an average of $3,000 more than men to attend higher education; Whereas, if left unaddressed, the student debt crisis will worsen inequality, exacerbate the current recession, widen the racial wealth gap, and slow economic recovery; Whereas broad student loan debt cancellation is the most efficient and effective solution to our student debt crisis, would help millions of families, and would remove a significant drag holding back our economy; Whereas broad student loan debt cancellation would provide immediate relief to millions of American families who are struggling during this pandemic and recession, and prevent them from having an unsustainable student debt burden waiting for them once this pandemic is over; Whereas broad student loan debt cancellation would provide a boost to our struggling economy through a consumer-driven economic stimulus, greater home-buying rates and housing stability, expanded access to more affordable financial products including car loans and mortgages, higher college completion rates, and greater small business formation;  Whereas more than 230 community, civil rights, consumer, and student advocacy organizations have urged student loan debt cancellation for all borrowers in response to the COVID–19 pandemic public health and economic crises;Whereas canceling up to $50,000 in Federal student loan debt per borrower is the most equitable way to ensure the benefits of cancellation reach the borrowers most in need of relief because that action would lift a disproportionate number of low-income borrowers and Black and Latino borrowers completely out of student debt, including nearly 90 percent of all borrowers in the lowest income quintile and over 90 percent of Black and Latino borrowers in the lowest income quartile;Whereas borrowers who would receive full student loan debt cancellation if the Federal Government canceled $50,000 per borrower in student loan debt have lower income and assets than the borrowers who would receive partial cancellation if the Federal Government took that action;  Whereas Congress has already granted the Secretary of Education the legal authority to broadly cancel student debt under section 432(a) of the Higher Education Act of 1965 (20 U.S.C. 1082(a)), which grants the Secretary the authority to modify, … compromise, waive, or release any right, title, claim, lien, or demand, however acquired, including any equity or any right of redemption;  Whereas, in 2020, the Department of Education reportedly used this authority to implement relief for Federal student loan borrowers during the COVID–19 pandemic; andWhereas, on June 29, 2020, President Donald J. Trump, with the support of Secretary of Education Betsy DeVos, vetoed H.J. Res. 76 Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to Borrower Defense Institutional Accountability, blocking a resolution that passed Congress with bipartisan support to overturn a Department of Education rule that makes it harder for defrauded Federal student loan borrowers to see their loans discharged: Now, therefore, be it That the Senate—(1)recognizes the Secretary of Education’s broad administrative authority to cancel Federal student loan debt under the existing authorities of section 432(a) of the Higher Education Act of 1965 (20 U.S.C. 1082(a));(2)calls on the President of the United States to take executive action to broadly cancel up to $50,000 in Federal student loan debt for Federal student loan borrowers administratively using existing legal authorities under such section 432(a), and any other authorities available under the law;(3)encourages the President of the United States, in taking such executive action, to use the executive’s authority under the Internal Revenue Code of 1986 to ensure no tax liability for Federal student loan borrowers resulting from administrative debt cancellation;(4)encourages the President of the United States, in taking such executive action, to ensure that administrative debt cancellation helps close racial wealth gaps and avoids the bulk of Federal student loan debt cancellation benefits accruing to the wealthiest borrowers; and(5)encourages the President of the United States to continue to pause student loan payments and interest accumulation for Federal student loan borrowers for the entire duration of the COVID–19 pandemic.


113 HR 2773 IH: Great Lakes Ecological and Economic Protection Act of 2013
U.S. House of Representatives
2013-07-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2773
		IN THE HOUSE OF REPRESENTATIVES

			July 22, 2013
			Mr. Joyce (for
			 himself, Mr. Petri,
			 Mrs. Miller of Michigan,
			 Mr. Levin,
			 Mr. Dingell, and
			 Ms. Slaughter) introduced the
			 following bill; which was referred to the Committee on Transportation and
			 Infrastructure

		A BILL
		To amend the Federal Water Pollution Control Act to
		  protect and restore the Great Lakes.

		1.Short titleThis Act may be cited as the
			 Great Lakes Ecological and Economic
			 Protection Act of 2013.
		2.Great Lakes provision
			 modifications
			(a)Findings; purposeSection 118(a) of the Federal Water
			 Pollution Control Act (33 U.S.C. 1268(a)) is amended—
				(1)in paragraph (1)—
					(A)by striking subparagraph (B) and inserting
			 the following:

							(B)the United States should seek to attain the
				goals embodied in the Great Lakes Restoration Initiative Action Plan, the Great
				Lakes Regional Collaboration Strategy, and the Great Lakes Water Quality
				Agreement of 1978 (including subsequent amendments);
				and
							;
				and
					(B)in subparagraph (C), by inserting ,
			 tribal, after State;
					(2)by striking paragraph (2) and inserting the
			 following:

						(2)PurposeThe purpose of this section is to achieve
				the goals established in the Great Lakes Restoration Initiative Action Plan,
				the Great Lakes Regional Collaboration Strategy, and the Great Lakes Water
				Quality Agreement through—
							(A)improved organization and definition of
				mission on the part of the Agency;
							(B)the funding of grants, contracts, and
				interagency agreements for protection, restoration, and pollution control in
				the Great Lakes area; and
							(C)improved
				accountability.
							;
				and
				(3)by striking
			 paragraph (3) and inserting the following:

						(3)DefinitionsIn this section:
							(A)AgencyThe
				term Agency means the Environmental Protection Agency.
							(B)Area of
				concernThe term area of concern means a geographic
				area located within the Great Lakes, in which beneficial uses are impaired and
				which has been officially designated as an area of concern under Annex 2 of the
				Great Lakes Water Quality Agreement.
							(C)Great
				LakesThe term Great Lakes means Lake Ontario, Lake
				Erie, Lake Huron (including Lake St. Clair), Lake Michigan, and Lake Superior,
				and the connecting channels (Saint Mary’s River, Saint Clair River, Detroit
				River, Niagara River, and Saint Lawrence River to the Canadian Border).
							(D)Great Lakes
				mayorThe term Great Lakes mayor means a mayor of a
				municipality located in a Great Lakes State.
							(E)Great Lakes
				Regional Collaboration StrategyThe term Great Lakes
				Regional Collaboration Strategy means the Great Lakes Regional
				Collaboration Strategy to Protect and Restore the Great Lakes, released on
				December 12, 2005, including any amendments or updates thereafter.
							(F)Great Lakes
				StateThe term Great Lakes State means any of the
				States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania,
				and Wisconsin.
							(G)Great Lakes
				SystemThe term Great Lakes System means all the
				streams, rivers, lakes, and other bodies of water within the drainage basin of
				the Great Lakes.
							(H)Great Lakes
				Water Quality AgreementThe term Great Lakes Water Quality
				Agreement means the Agreement on Great Lakes Water Quality, 1978, signed
				at Ottawa on November 22, 1978 (30 UST 1383; TIAS 9257), between the United
				States and Canada.
							(I)Lakewide
				Management PlanThe term Lakewide Management Plan
				means a written document that embodies a systematic and comprehensive ecosystem
				approach to restoring and protecting the beneficial uses of the open waters of
				each of the Great Lakes, in accordance with article VI and Annex 2 of the Great
				Lakes Water Quality Agreement.
							(J)Potentially
				responsible partyThe term potentially responsible
				party means an individual or entity that may be liable under any Federal
				or State authority that is being used or may be used to facilitate the cleanup
				and protection of the Great Lakes.
							(K)Program
				OfficeThe term Program Office means the Great Lakes
				National Program Office established by this section.
							(L)Remedial Action
				PlanThe term Remedial Action Plan means a written
				document that embodies a systematic and comprehensive ecosystem approach to
				restoring and protecting the beneficial uses of areas of concern, in accordance
				with article VI and Annex 2 of the Great Lakes Water Quality Agreement.
							(M)Research
				OfficeThe term Research Office means the Great
				Lakes Research Office established by subsection (d).
							(N)Site
				characterizationThe term site characterization
				means a process for monitoring and evaluating the nature and extent of sediment
				contamination in accordance with the guidance of the Agency for the assessment
				of contaminated sediment in an area of concern located wholly or partially
				within the United
				States.
							.
				(b)Great Lakes managementSection 118(c) of the Federal Water
			 Pollution Control Act (33 U.S.C. 1268(c)) is amended—
				(1)in paragraph (1)—
					(A)in subparagraph (A), by striking
			 ,; and inserting a semicolon;
					(B)by striking subparagraph (E);
					(C)by redesignating subparagraphs (C) and (D)
			 as subparagraphs (D) and (E), respectively;
					(D)in subparagraph (D) (as so redesignated),
			 by adding and at the end;
					(E)in subparagraph (E) (as so redesignated),
			 by striking ; and and inserting a period; and
					(F)by inserting after subparagraph (B) the
			 following:

							(C)coordinate with the Great Lakes Interagency
				Task Force, as required under paragraph
				(8);
							;
					(2)in paragraph (3)(C), by striking
			 subparagraph (c)(1)(C) of this section and inserting
			 paragraph (1)(D);
				(3)by striking paragraph (6) and inserting the
			 following:

						(6)Great Lakes governance and
				management
							(A)Great Lakes Advisory Board
								(i)EstablishmentThe Administrator shall establish an
				advisory board, to be known as the Great Lakes Advisory Board,
				to provide advice and recommendations to the Administrator on matters
				pertaining to Great Lakes restoration and protection.
								(ii)MembershipThe Great Lakes Advisory Board shall be
				composed of not fewer than 12 and not more than 20 members of whom—
									(I)1 shall be
				appointed by the Great Lakes Governors to represent the interests of all of the
				Great Lakes States;
									(II)1 shall be
				appointed by the Great Lakes mayors to represent the interests of local
				governments in the Great Lakes Region;
									(III)1 shall be from
				a Great Lakes tribal government; and
									(IV)the remaining
				members shall be appointed by the Administrator and shall include, in a manner
				that ensures to the maximum extent practicable geographic representation of the
				Great Lakes basin, representatives of or individuals affiliated with—
										(aa)environmental
				groups;
										(bb)hunting, fishing,
				and conservation organizations;
										(cc)businesses;
										(dd)agricultural
				groups;
										(ee)foundations;
										(ff)environmental
				justice organizations;
										(gg)academia;
				and
										(hh)State, local, and
				tribal governments.
										(iii)Meetings
									(I)In generalThe Great Lakes Advisory Board shall meet
				not less frequently than once every 180 days.
									(II)Open
				to publicThe meetings of the
				Great Lakes Advisory Board shall be open to the public.
									(iv)OperationThe Great Lakes Advisory Board
				shall—
									(I)operate on a collaborative basis;
				and
									(II)seek input from a broad variety of
				stakeholders.
									(v)CostsThe members of the Great Lakes Advisory
				Board shall be allowed travel expenses, including per diem in lieu of
				subsistence, at rates authorized for employees of agencies under subchapter I
				of chapter 57 of title 5, United States Code, while away from their homes or
				regular places of business in the performance of services for the
				Board.
								;
				(4)by striking paragraph (7) and inserting the
			 following:

						(7)Great Lakes Restoration Initiative
							(A)FindingsCongress finds that—
								(i)the goal of the Great Lakes program of the
				Agency is to restore and maintain the chemical, physical, and biological
				integrity of the Great Lakes basin ecosystem; and
								(ii)in 2010, the Agency, in coordination with
				Federal partners, commenced implementation of a new Great Lakes Restoration
				Initiative (referred to in this paragraph as the Initiative),
				which is designed—
									(I)to identify programs and projects that are
				strategically selected—
										(aa)to target the most significant
				environmental problems in the Great Lakes ecosystem; and
										(bb)to implement the
				Great Lakes Regional Collaboration Strategy;
										(II)to be based on the work of the Great Lakes
				Interagency Task Force established by paragraph (8)(A); and
									(III)to represent the commitment of the Federal
				Government to significantly advancing Great Lakes protection and
				restoration.
									(B)Focus areasThe Initiative shall prioritize work done
				by non-Federal partners using funding made available for the Great Lakes for
				priority areas for each fiscal year, such as—
								(i)the remediation of toxic substances and
				areas of concern;
								(ii)the prevention and control of invasive
				species and the impacts of invasive species;
								(iii)the protection and restoration of nearshore
				health and the prevention and mitigation of nonpoint source pollution;
								(iv)habitat and wildlife protection and
				restoration, including wetlands restoration and preservation;
								(v)accountability, monitoring, evaluation,
				communication, and partnership activities; and
								(vi)other areas
				prioritized by the Great Lakes Advisory Board.
								(C)ProjectsPursuant to the Initiative, the Agency
				shall consult with Federal partners, including the Great Lakes Interagency Task
				Force, and take into consideration the recommendations of the Great Lakes
				Advisory Board to select the best combination of programs and projects for
				Great Lakes protection and restoration using principles and criteria such
				as—
								(i)the ability to achieve strategic and
				measurable environmental outcomes that implement the Great Lakes Collaboration
				Strategy and the Great Lakes Water Quality Agreement;
								(ii)the feasibility of—
									(I)prompt implementation;
									(II)timely achievement of results; and
									(III)the ability to leverage resources;
				and
									(iii)opportunities
				for improved interagency and inter-organizational coordination and
				collaboration to reduce duplication and streamline efforts.
								(D)Implementation of projects
								(i)In generalFunds made available to carry out the
				Initiative shall be used to strategically implement—
									(I)Federal projects; and
									(II)projects carried out in coordination with
				States, Indian tribes, municipalities, institutions of higher education, and
				other organizations.
									(ii)Transfer of fundsOf amounts made available for environmental
				programs and management for the Great Lakes Restoration Initiative, the
				Administrator may—
									(I)transfer not more than $475,000,000 to the
				head of any Federal department or agency, with the concurrence of the
				department or agency head, to carry out activities to support the Initiative
				and the Great Lakes Water Quality Agreement;
									(II)enter into an interagency agreement with
				the head of any Federal department or agency to carry out activities described
				in subclause (I); and
									(III)make grants to governmental entities,
				nonprofit organizations, institutions, and educational institutions for use in
				carrying out planning, research, monitoring, outreach, training, studies,
				surveys, investigations, experiments, demonstration projects, and
				implementation relating to the activities described in subclause (I).
									(E)Scope
								(i)In generalProjects shall be carried out pursuant to
				the Initiative on multiple levels, including—
									(I)local;
									(II)Great Lakes-wide; and
									(III)Great Lakes basin-wide.
									(ii)LimitationNo funds made available to carry out the
				Initiative may be used for any water infrastructure activity (other than a
				green infrastructure project that improves habitat and other ecosystem
				functions in the Great Lakes) for which amounts are made available from—
									(I)a State water pollution control revolving
				fund established under title VI; or
									(II)a State drinking water revolving loan fund
				established under section 1452 of the Safe Drinking Water Act (42 U.S.C.
				300j–12).
									(F)Activities by other Federal
				agenciesEach relevant
				Federal department and agency shall, to the maximum extent practicable—
								(i)maintain the base level of funding for the
				Great Lakes activities of the agency; and
								(ii)identify new activities and projects to
				support the environmental goals of the Initiative.
								(G)Funding
								(i)Authorization of
				appropriationsThere is
				authorized to be appropriated to carry out the Initiative $475,000,000 for each
				of fiscal years 2014 through 2018.
								(ii)PartnershipsOf the amounts made available to carry out
				the Initiative, the Administrator shall transfer expeditiously to the Federal
				partners of the Initiative such sums as are necessary for subsequent use and
				distribution by the Federal partners in accordance with this
				section.
								;
				(5)by striking paragraph (8) and inserting the
			 following:

						(8)Great Lakes
				Interagency Task Force
							(A)Definition of
				Task ForceIn this paragraph, the term Task Force
				means the Great Lakes Interagency Task Force established under subparagraph
				(B).
							(B)EstablishmentThere
				is established a task force, to be known as the Great Lakes Interagency
				Task Force as described in Executive Order 13340 (33 U.S.C. 1268 note),
				relating to the establishment of Great Lakes Interagency Task Force and
				promotion of regional collaboration of national significance for Great
				Lakes.
							(C)Membership
								(i)CompositionThe
				Task Force shall be composed of—
									(I)the Administrator,
				who shall serve as Chair;
									(II)the Secretary of
				State;
									(III)the Secretary of
				the Interior;
									(IV)the Secretary of
				Agriculture;
									(V)the Secretary of
				Commerce;
									(VI)the Secretary of
				Housing and Urban Development;
									(VII)the Secretary of
				Transportation;
									(VIII)the Secretary
				of Homeland Security;
									(IX)the Secretary of
				the Army; and
									(X)the Chair of the
				Council on Environmental Quality.
									(ii)DelegationAny
				member of the Task Force may delegate any duty of the member of the Task force
				described in this paragraph to any person who—
									(I)is a member of the
				department, agency, or office of the member; and
									(II)(aa)is an officer of the
				United States appointed by the President; or
										(bb)is a full-time employee compensated
				at a rate of pay not less than the minimum annual rate of basic pay for GS–15
				under section 5332 of title 5, United States Code.
										(D)Coordination and
				assistanceThe Program Office shall—
								(i)coordinate, to the
				maximum extent practicable, with the Task Force; and
								(ii)assist the Task
				Force with the performance of the functions of the Task Force.
								(E)DutiesThe
				Task Force, as a body or through member agencies, shall—
								(i)collaborate with
				Canada, provinces of Canada, and binational bodies involved in the Great Lakes
				region regarding policies, strategies, projects, and priorities for the Great
				Lakes System;
								(ii)(I)coordinate the
				development of Federal policies, strategies, projects, and priorities for
				addressing the restoration and protection of the Great Lakes System consistent
				with—
										(aa)the Great Lakes Water Quality
				Agreement;
										(bb)the Great Lakes Regional
				Collaboration Strategy; and
										(cc)the Great Lakes Restoration
				Initiative Action Plan;
										(II)take into consideration any
				recommendations of the Great Lakes Advisory Board; and
									(III)assist in the appropriate management of
				the Great Lakes System;
									(iii)develop
				outcome-based goals for the Great Lakes System (relying on existing data and
				science-based indicators of water quality, related environmental factors, and
				other information) that—
									(I)focus on outcomes
				such as cleaner water, improved public health, sustainable fisheries, and
				biodiversity of the Great Lakes System;
									(II)ensure that
				Federal policies, strategies, projects, and priorities support measurable
				results; and
									(III)are consistent
				with the Great Lakes Regional Collaboration Strategy and the Great Lakes
				Restoration Initiative Action Plan;
									(iv)exchange
				information regarding policies, strategies, projects, and activities of the
				agencies represented on the Task Force relating to—
									(I)the Great Lakes
				System;
									(II)the Great Lakes
				Water Quality Agreement;
									(III)the Great Lakes
				Restoration Initiative Action Plan; and
									(IV)the Great Lakes
				Regional Collaboration Strategy;
									(v)coordinate
				government action associated with the Great Lakes System;
								(vi)seek input from
				nongovernmental organizations, States, and local and tribal governments;
								(vii)ensure
				coordinated scientific and other research associated with the Great Lakes
				System;
								(viii)provide
				assistance and support to agencies represented on the Task Force in activities
				relating to the Great Lakes System;
								(ix)after receipt of
				recommendations from the Great Lakes Advisory Board, establish annual
				priorities with respect to Great Lakes protection and restoration, consistent
				with priorities for the Great Lakes Collaboration Strategy and Great Lakes
				Water Quality Agreement; and
								(x)not later than 1
				year after the date of enactment of the Great
				Lakes Ecological and Economic Protection Act of 2013 and every 5
				years thereafter—
									(I)in coordination
				with the Great Lakes Governors, Great Lakes mayors, tribal leaders, and
				nongovernmental organizations—
										(aa)review the Great
				Lakes Regional Collaboration Strategy and the Great Lakes Restoration
				Initiative Action Plan; and
										(bb)update and revise
				the Great Lakes Restoration Initiative Action Plan—
											(AA)to reflect the
				most comprehensive scientific information available; and
											(BB)to improve the
				implementation of the Great Lakes Regional Collaboration Strategy; and
											(II)submit a report
				to Congress on what actions have and have not been implemented with respect to
				the recommendations made by—
										(aa)the
				Great Lakes Advisory Board;
										(bb)the
				Great Lakes mayors;
										(cc)the
				Great Lakes Governors; and
										(dd)tribal leaders in
				Great Lakes
				States.
										;
				(6)by striking
			 paragraph (10) and inserting the following:

						(10)Reports
							(A)Annual
				comprehensive restoration reportNot later than 90 days after the
				end of each fiscal year, the Administrator shall submit to Congress and make
				publicly available a comprehensive report on the overall health of the Great
				Lakes that includes—
								(i)a
				description of the achievements during the fiscal year in implementing the
				Great Lakes Water Quality Agreement and any other applicable agreements and
				amendments that—
									(I)demonstrate, by
				category (including categories for judicial enforcement, research, State
				cooperative efforts, and general administration) the amounts expended on Great
				Lakes water quality initiatives for the fiscal year;
									(II)describe the
				progress made during the fiscal year in implementing the system of surveillance
				of the water quality in the Great Lakes System, including the monitoring of
				groundwater and sediment, with a particular focus on toxic pollutants;
									(III)describe the
				prospects of meeting the goals and objectives of the Great Lakes Water Quality
				Agreement; and
									(IV)provide a
				comprehensive assessment of the planned efforts to be pursued in the succeeding
				fiscal year for implementing the Great Lakes Water Quality Agreement and any
				other applicable agreements and amendments that—
										(aa)indicate, by
				category (including categories for judicial enforcement, research, State
				cooperative efforts, and general administration) the amount anticipated to be
				expended on Great Lakes water quality initiatives for the applicable fiscal
				year; and
										(bb)include a report
				on programs administered by other Federal agencies that make resources
				available for Great Lakes water quality management efforts;
										(ii)a
				detailed list of accomplishments of the Great Lakes Restoration Initiative with
				respect to each organizational element of the Initiative and the means by which
				progress will be evaluated;
								(iii)recommendations
				for streamlining the work of advisory and coordinating committees (such as the
				Great Lakes Regional Collaboration and the United States Policy Committee),
				including a recommendation for eliminating any such entity if the work of the
				entity—
									(I)is duplicative;
				or
									(II)complicates the
				protection and restoration of the Great Lakes; and
									(iv)with respect to
				each priority established under paragraph (8)(E)(ix) during the fiscal year,
				the reasons why the Administrator implemented, or did not implement, the
				priorities and recommendations.
								(B)Crosscut
				budgetNot later than 45 days after the date of submission of the
				budget of the President to Congress, the Director of the Office of Management
				and Budget, in coordination with the Governor of each Great Lakes State and the
				Task Force, shall submit to Congress and make publicly available a financial
				report, certified by the head of each agency that has budget authority for
				Great Lakes restoration activities, containing—
								(i)an
				interagency budget crosscut report that—
									(I)describes the
				budget proposed, including funding allocations by each agency for the Great
				Lakes Restoration Initiative;
									(II)identifies any
				adjustments from the budget request;
									(III)identifies the
				funding in any amount for each of the Federal agencies that carry out
				restoration and protection activities in the subsequent fiscal year, separately
				reporting the amount of funding to be provided under each law pertaining to the
				agency;
									(IV)compares specific
				funding levels allocated for participating Federal agencies from fiscal year to
				fiscal year; and
									(V)identifies all
				expenditures since fiscal year 2004 by the Federal Government and State
				governments for Great Lakes restoration activities;
									(ii)a
				detailed accounting of all funds received and obligated by all Federal agencies
				and, to the maximum extent practicable, State agencies using Federal funds, for
				Great Lakes restoration activities during the current and previous fiscal
				years;
								(iii)a budget for the
				proposed projects (including a description of the project, authorization level,
				and project status) to be carried out in the subsequent fiscal year with the
				Federal share of funds for activities; and
								(iv)a
				listing of all projects to be undertaken in the subsequent fiscal year with the
				Federal share of funds for activities.
								;
				and
				(7)in paragraph (12)(H), by striking clause
			 (i) and inserting the following:

						(i)AuthorizationIn addition to other amounts authorized to
				be appropriated pursuant to this section, there are authorized to be
				appropriated to carry out this paragraph—
							(I)$50,000,000 for
				each of fiscal years 2004 through 2010; and
							(II)$100,000,000 for each of fiscal years 2014
				through
				2018.
							.
				(c)Authorization of
			 appropriationsSection 118(h)
			 of the Federal Water Pollution Control Act (33 U.S.C. 1268(h)) is
			 amended—
				(1)by redesignating paragraphs (1) through (3)
			 as subparagraphs (A) through (C), respectively, and indenting the subparagraphs
			 appropriately;
				(2)by striking
			 There are authorized and inserting the following:

						(1)In
				generalThere are
				authorized
						;
				and
				(3)by adding at the
			 end the following:

						(2)Program
				OfficeThere is authorized to
				be appropriated to the Program Office to carry out this section $25,000,000 for
				each of fiscal years 2014 through
				2018.
						.
				(d)Effect of sectionNothing in this section or an amendment
			 made by this section affects—
				(1)the jurisdiction, powers, or prerogatives
			 of—
					(A)any department, agency, or officer
			 of—
						(i)the Federal Government; or
						(ii)any State or tribal government; or
						(B)any international body established by
			 treaty with authority relating to the Great Lakes (as defined in section
			 118(a)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3)));
			 or
					(2)any other Federal or State authority that
			 is being used or may be used to facilitate the cleanup and protection of the
			 Great Lakes (as so defined).


		I
		112th CONGRESS
		2d Session
		H. R. 5818
		IN THE HOUSE OF REPRESENTATIVES

			May 17, 2012
			Mr. McDermott
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on certain fitness
		  equipment.

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

								9902.01.00Fitness equipment designed for in-home use incorporating two
						independent treadles with separately moving belts that rotate around a
						mechanical treadle and that simultaneously move up and down with progressive
						amounts of resistance creating a fitness modality which simulates a treadmill
						and a stair climbing machine (provided for in subheading
						9506.91.00)FreeNo changeNo changeOn or before 12/31/2015

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


IV
111th CONGRESS
1st Session
H. RES. 61
In the House of Representatives, U. S.,

January 14, 2009

RESOLUTION
Providing for the attendance of the House at the Inaugural Ceremonies of the President and Vice President of the United States.

That House Resolution 23 is amended by striking 10 a.m. and inserting noon.

Lorraine C. Miller,Clerk.


114 S3031 IS: Stop Child Abuse in Residential Programs for Teens Act of 2016
U.S. Senate
2016-06-08
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.

II114th CONGRESS2d SessionS. 3031IN THE SENATE OF THE UNITED STATESJune 8, 2016Mr. Murphy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo require certain standards and enforcement provisions to prevent child abuse and neglect in
			 residential programs, and for other purposes.

 1.Short titleThis Act may be cited as the Stop Child Abuse in Residential Programs for Teens Act of 2016. 2.DefinitionsIn this Act:
 (1)ChildThe term child means an individual who has not attained the age of 18. (2)Child abuse and neglectThe term child abuse and neglect has the meaning given such term in section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note).
			(3)Covered program
 (A)In generalThe term covered program means a program (including the portion of a program at each affiliated facility) that is operated by a public or private entity and that, with respect to one or more children who are unrelated to the owner or operator of the program, purports to provide treatment or modify behaviors in a residential environment, such as—
 (i)a program with a wilderness or outdoor experience, expedition, or intervention; (ii)a boot camp experience or other experience designed to simulate characteristics of basic military training or correctional regimes;
 (iii)a therapeutic boarding school; or (iv)a behavioral modification program.
 (B)ExclusionThe term covered program does not include— (i)a hospital licensed by the State; or
 (ii)a foster family home or foster group home that provides 24-hour substitute care for children placed away from their parents or guardians and for whom the State child welfare services agency has placement and care responsibility and that is licensed and regulated by the State as a foster family home or foster group home.
 (4)Licensed clinicianThe term licensed clinician means such a clinician, as defined by State law. (5)Mechanical restraintThe term mechanical restraint has the meaning given the term in section 595(d)(1) of the Public Health Service Act (42 U.S.C. 290jj(d)(1)).
 (6)Mental health practitionerThe term mental health practitioner means such a practitioner, as defined by State law. (7)Physical restraintThe term physical restraint means a personal restriction on an individual that immobilizes or reduces the ability of the individual to move freely the individual's arms, legs, torso, or head, except that such term does not include voluntary physical escort (as such term is defined in section 595(d)(2) of the Public Health Service Act (42 U.S.C. 290jj(d)(2))).
 (8)Protection and Advocacy SystemThe term protection and advocacy system means a system established by a State under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
 (9)SeclusionThe term seclusion means the involuntary confinement of a child alone in a room or area from which the child is physically prevented from leaving.
 (10)SecretaryThe term Secretary means the Secretary of Health and Human Services. (11)Staff memberThe term staff member includes a volunteer and an applicant to be a staff member.
 (12)StateThe term State has the meaning given such term in section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note).
			3.Standards and enforcement
			(a)Minimum standards
 (1)In generalNot later than 180 days after the date of enactment of this Act, the Secretary shall require each covered program in a State, in order to provide for the basic health and safety of children at such a program and in order for the State to remain eligible as described in section 114(b) of the Child Abuse Prevention and Treatment Act (as added by section 7 of this Act), to meet the following minimum standards:
 (A)Prohibition on child abuse and neglectChild abuse and neglect shall be prohibited. (B)Prohibition on certain disciplinary techniquesDisciplinary techniques or other practices that involve the withholding of essential food, water, clothing, shelter, or medical care necessary to maintain physical health, mental health, and general safety, shall be prohibited.
 (C)Prohibition on physical or mental abuseActs of physical or mental abuse designed to humiliate or degrade a child, or undermine a child’s self-respect, shall be prohibited.
					(D)Limitation on restraints and seclusion
 (i)Certain restraints and seclusionThe use of seclusion, mechanical restraints, and physical restraints that impair breathing or communication shall be prohibited.
 (ii)Physical restraints in emergenciesPhysical restraints other than the restraints described in clause (i) may be used (if not contraindicated) only in emergency situations in which a child presents an imminent danger of harm to self or others and only after less restrictive interventions have been determined to be ineffective.
 (E)Access to communicationsEach child at such a program— (i)shall have reasonable access to a telephone and means for electronic and written communications, and be informed of the child's right to such access, to maintain frequent contact with parents or guardians, including making, sending, and receiving scheduled and unscheduled calls, unrestricted written correspondence, and electronic communications, with as much privacy as possible; and
 (ii)shall have access to current and appropriate national, State, and local hotline numbers for reporting child abuse and neglect.
 (F)Staff-to-Child ratioThe program shall have appropriate ratios of medical, clinical, and line staff members to children, as determined by the Secretary, to ensure child safety and the efficacy of treatment.
 (G)Senior managementNot less than one full-time licensed clinician or mental health practitioner shall be employed as a senior manager of the program.
 (H)Licensed clinicianNot less than one licensed clinician shall be present at all times for the program. The licensed clinician may be on call unless having such a clinician physically present is necessary to ensure safety and clinically appropriate care.
 (I)Program PoliciesThe program shall have policies to require— (i)parents or guardians of a child attending such a program to notify, in writing, such program of any medication the child is taking;
 (ii)a full-time licensed clinician— (I)to obtain consent from the parents or guardians of the child to make any change to the child’s medical treatment, except in the case of an emergency;
 (II)in the case of an emergency, to notify the parents or guardians within 24 hours after any change to the child’s medical treatment, to describe the change and the reason for such change; and
 (III)to notify the parents or guardians within 24 hours after any change to the child’s prescribed medication or any occurrence of a missed dose of prescribed medication, to describe the change or occurrence and the reason for such change or occurrence; and
 (iii)the covered program to notify parents or guardians of a child of any change to the program's treating provider team within 48 hours after the change.
 (J)Notification proceduresThe program shall have procedures for notifying immediately, to the maximum extent practicable, but not later than 6 hours after the occurrence involved, parents or guardians of a child at such a program and the appropriate protection and advocacy system of any occurrence of an—
 (i)onsite investigation of a report of child abuse and neglect; (ii)violation of a standard described in any of subparagraphs (A) through (D); and
 (iii)violation of a State licensing requirement. (K)Staff member disclosuresFull disclosure, in writing, of staff member qualifications and their roles and responsibilities at such a program, including any medical, emergency response, and mental health training received by such staff members, shall be given to parents or guardians of children at such a program.
 (L)Disclosure of right of actionFull disclosure, in writing, of the private right of action established under subsection (b)(3), shall be given to parents or guardians of children at such a program.
 (M)Child abuse and neglect response trainingEach staff member at such a program shall be required, as a condition of employment, to become trained in the acts and omissions that constitute child abuse and neglect, State law relating to mandated reporters, and procedures for reporting child abuse and neglect, in the State in which the program is located, and information on current and appropriate national, State, and local hotline numbers for reporting child abuse and neglect.
 (N)Medical response trainingEach staff member at such a program shall be required, as a condition of employment, to become trained in recognizing the signs, symptoms, and appropriate responses associated with common medical emergencies and mental health crises, including warning signs of suicide and worsening symptoms of mental illness.
					(O)Criminal history check
 (i)RequirementEach staff member for such a program shall be required, as a condition of employment, to submit to a criminal history check, including a name-based search of the National Sex Offender Registry established pursuant to the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.), a search of the State criminal registry or repository in the State in which the covered program is operating, and a Federal Bureau of Investigation fingerprint check. An individual shall be ineligible to serve in a position with any contact with children at a covered program if any such criminal history check reveals a conviction for a violent felony that, by virtue of its nature, proximity in time, or other factor, is likely to directly increase a child’s risk of harm in the program as determined by the Secretary.
 (ii)AppealsThe covered program shall provide an independent process through which a staff member who is determined to be ineligible for employment as a result of a criminal history check under clause (i) shall have the right—
 (I)to obtain a copy of the report resulting from the check; and (II)within 10 business days after receipt of the report, to appeal, in order to dispute the accuracy of the information obtained through the check.
 (P)Informational materialsFull disclosure, in writing, in promotional and informational materials produced by a covered program, shall be given to parents or guardians of children at such a program, which shall include disclosure of—
 (i)the name and location of the program, including the names of any owners and operators; (ii)the number and percentage of children who terminated participation prior to completion of that program in the past 5 years, including children discharged against medical advice;
 (iii)any past violations of the standards required under this paragraph by the program and any penalties levied against the program as a result of such violations;
 (iv)its current status (current as of the date the materials were given to the parents or guardians) with respect to State licensing requirements;
 (v)the number of deaths that occurred in that program during the most recent 10-year period and the cause of each death;
 (vi)the names of owners and operators of the program that have violated State licensing requirements; (vii)information on evidence-based or promising practices employed as treatment in the covered program, and information to aid parents and guardians in finding community-based treatment resources; and
 (viii)any national, State, and local telephone hotline numbers that the program made available to children and staff members to report complaints of child abuse and neglect, or a violation of this paragraph, by the program.
 (Q)Treatment and discharge plansThe entity carrying out the covered program shall work with the parents or guardians of a child of the program and the child’s community-based providers in the development, modification, and implementation of treatment and discharge plans, including a plan for community reintegration and linkage to community-based providers and supports.
 (R)Prohibition on discriminationThe entity carrying out the program shall ensure that no person shall, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability, be subjected to discrimination in the provision of any program or activity, in whole or in part, covered by this Act.
 (S)Evidence-based practicesThe entity carrying out the program shall ensure that the program employs safe, evidence-based practices, and that children are protected against harmful or fraudulent practices, including use of isolation or of mechanical restraints or physical restraints.
 (T)Other standardsThe program shall meet any other standard the Secretary determines appropriate to provide for the basic health and safety of children at a covered program.
					(2)Regulations
 (A)Interim regulationsNot later than 180 days after the date of enactment of this Act, the Secretary shall promulgate and enforce interim regulations to carry out paragraph (1).
 (B)Public commentThe Secretary shall, for a 90-day period beginning on the date of the promulgation of interim regulations under subparagraph (A), solicit and accept public comment concerning such regulations. Such public comment shall be submitted in written form.
 (C)Final regulationsNot later than 90 days after the conclusion of the 90-day period referred to in subparagraph (B), the Secretary shall promulgate and enforce final regulations to carry out paragraph (1).
					(b)Monitoring and enforcement
 (1)Review processNot later than 180 days after the date of enactment of this Act, the Secretary shall implement a review process for overseeing, investigating, and evaluating reports, of child abuse and neglect at covered programs, that are received by the Secretary from the appropriate State, in accordance with paragraph (4) or (5) of section 114(b) of the Child Abuse Prevention and Treatment Act, as added by section 7 of this Act. Such review process shall—
 (A)include an investigation to determine if a violation of the standards required under subsection (a)(1) has occurred; and
 (B)include consultation and collaboration with relevant Federal and State agencies. (2)Civil penaltiesNot later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations establishing civil penalties for violations of the standards required under subsection (a)(1). The regulations establishing such penalties shall incorporate the following:
 (A)AmountAny owner or operator of a covered program at which the Secretary has found a violation of the standards required under subsection (a)(1) may be assessed a civil penalty not to exceed $50,000 per violation.
 (B)Deposit to TreasuryAll penalties collected under this paragraph shall be deposited in the appropriate account of the Treasury of the United States.
 (3)Private right of actionAny person who suffers injury by reason of a violation of subsection (a)(1) may bring a civil action against the alleged violator to obtain appropriate compensatory damages and injunctive relief or other equitable relief.
 (c)ActionThe Secretary shall establish a process to assist States in the oversight and enforcement of this Act, which shall include—
 (1)assisting States in implementing oversight mechanisms to ensure compliance of covered programs in the States with the standards required under subsection (a)(1);
 (2)maintaining oversight of covered programs in a State, in a case in which a State has not established, within 3 years after the date of the enactment of this Act, mechanisms sufficient to ensure compliance of such programs with the standards required under subsection (a)(1); and
 (3)encouraging the use by States of national, State, or local hotline numbers for reporting child abuse and neglect and any other resources the Secretary determines to be appropriate.
 4.Enforcement by the Attorney GeneralIf the Secretary determines that a violation of section 3(a)(1) has not been remedied through the enforcement process described in section 3(b)(2), the Secretary shall refer such violation to the Attorney General for appropriate action. Regardless of whether such a referral has been made, the Attorney General may, sua sponte, bring an action in any court of competent jurisdiction seeking equitable relief or any other relief authorized by this Act for such violation.
 5.ReportNot later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary of Health and Human Services, in coordination with the Attorney General shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities carried out by the Secretary and the Attorney General, as authorized and as required under this Act.
 6.Authorization of appropriationsThere is authorized to be appropriated to the Secretary of Health and Human Services $5,000,000 for each of fiscal years 2017 through 2021 to carry out this Act (excluding the amendment made by section 7 of this Act).
		7.Additional eligibility requirements for grants to States to prevent child abuse and neglect at
			 residential programs
 (a)In generalTitle I of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) is amended by adding at the end the following new section:

					114.Additional eligibility requirements for grants to States to prevent child abuse and neglect at
			 residential programs
 (a)DefinitionsIn this section: (1)ChildThe term child means an individual who has not attained the age of 18.
 (2)Covered programThe term covered program has the meaning given the term in section 2 of the Stop Child Abuse in Residential Programs for Teens Act of 2016.
 (b)Eligibility requirementsTo be eligible to receive a grant under section 106, a State shall— (1)not later than 3 years after the date of enactment of this section, develop policies and procedures to prevent child abuse and neglect at covered programs operating in such State, including standards that meet or exceed the standards required under section 3(a)(1) of the Stop Child Abuse in Residential Programs for Teens Act of 2016;
 (2)provide a private right of action under State law for any person who suffers injury by reason of a violation of the standards required under paragraph (1);
 (3)develop policies and procedures to enforce compliance with the requirements developed in accordance with paragraph (1), including—
 (A)establishing and monitoring health and safety licensing requirements applicable to and necessary for the operation of each location of such covered programs in the State; and
 (B)conducting unannounced site inspections at each location of a covered program; (4)develop policies and procedures for timely notification to the Secretary and the appropriate protection and advocacy system if—
 (A)the State determines there is evidence of a pattern of violations of the standards required under paragraph (1) at a covered program operating in the State or by an owner or operator of such a program; or
 (B)there is a child fatality at a covered program operating in the State; and (5)annually submit to the Secretary a report that includes all covered programs within the jurisdiction of the State, including any violations by each program or any information that the Secretary determines to be necessary for enforcement of this Act.
 (c)OversightIf, within the 3-year period beginning on the date of enactment of this section, the Secretary determines that the State is not satisfying the requirements of this subsection, the Secretary shall provide assistance to the State to satisfy such requirements or withhold funding until such policies and procedures are established..
 (b)Authorization of AppropriationsSection 112(a)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106h(a)(1)) is amended by striking $120,000,000 and all that follows through the period and inserting $200,000,000 for each of fiscal years 2017 through 2021..
			(c)Conforming amendments
 (1)Coordination with available resourcesSection 103(c)(1)(D) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5104(c)(1)(D)) is amended by inserting after specific the following: (including reports of child abuse and neglect occurring at covered programs (as such term is defined in section 114), except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect).
 (2)Further requirementSection 106(b)(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(1)) is amended by adding at the end the following new subparagraph:

 (D)Further requirementTo be eligible to receive a grant under this section, a State shall comply with the requirements under section 114(b) and shall include in the State plan submitted pursuant to subparagraph (A) a description of the activities the State will carry out to comply with the requirements under such section 114(b)..
 (3)Annual state data reportsSection 106(d) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(d)) is amended— (A)in paragraph (1), by inserting before the period at the end the following: (including reports of child abuse and neglect occurring at covered programs (as such term is defined in section 114), except that such reports shall not contain any personally identifiable information relating to the identity of individuals who were the victims of such child abuse and neglect); and
 (B)in paragraph (6), by inserting before the period at the end the following: or who were in the care of a covered program, as such term is defined in section 114. (d)Clerical amendmentSection 1(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended by inserting after the item relating to section 113 the following new item:
				Sec. 114. Additional eligibility requirements for grants to States to prevent child abuse and
			 neglect at residential programs..