113 S2353 IS: Registered Nurse Safe Staffing Act of 2014
U.S. Senate
2014-05-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		2d Session
		S. 2353
		IN THE SENATE OF THE UNITED STATES

			May 15, 2014
			Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To amend title XVIII of the Social Security Act to provide for patient protection by establishing
			 safe nurse staffing levels at certain Medicare providers, and for other
			 purposes.

			1.
			Short title
			This Act may be cited as the
			 Registered Nurse Safe Staffing Act of 2014.

			2.
			Findings
			Congress makes the following
			 findings:

				(1)
				Research shows
			 that patient safety in hospitals is directly proportionate to the number
			 of
			 registered nurses working in the hospital. Higher staffing levels by
			 experienced registered nurses are related to lower rates of negative
			 patient
			 outcomes.

				(2)
				A
			 2011 study on nurse staffing and inpatient hospital mortality shows that
			 sub-optimal nurse staffing is linked with a greater likelihood of patient
			 death
			 in the hospital. A 2012 study of serious patient events reported to the
			 Joint
			 Commission demonstrates that one of the leading causes of all hospital
			 sentinel
			 events is human factors, including staffing and staffing skill mix.

				(3)
				Health care worker
			 fatigue has been identified as a major patient safety hazard, and
			 appropriate
			 staffing policies and practices are indicated as an effective strategy to
			 reduce health care worker fatigue and to protect patients. A national
			 survey of
			 registered nurses found that 74 percent experience acute or chronic
			 effects of
			 stress and overwork.

				(4)
				A
			 strategy that ensures optimal nurse staffing and skill mix greatly
			 influences
			 patient satisfaction and results in greater overall savings to hospitals
			 through reductions in adverse patient events.

				(5)
				A
			 2009 study demonstrated that improved patient satisfaction due to
			 increased and
			 appropriate nurse staffing is reflected on hospital scores on HCAHPS,
			 which is
			 a key measure for value-based payment programs under the Medicare program
			 and
			 used by other payors.

				(6)
				Registered nurses
			 play a vital role in preventing patient care errors. A 2009 study found
			 that
			 sufficient staffing of critical care nurses can prevent adverse patient
			 events,
			 which can cost anywhere from $2,200,000 to $13,200,000. By contrast, the
			 nurse
			 staffing costs in the study time period were only $1,360,000.

				(7)
				Higher nurse
			 staffing also generates cost savings to payors, as demonstrated in a 2011
			 cost-benefit analysis that weighed registered nursing personnel costs
			 against
			 emergency department utilization after patient discharge from a
			 hospital.

				(8)
				A
			 2012 study of Pennsylvania hospitals shows that by reducing nurse burnout,
			 which is attributed in part to poor nurse staffing, those hospitals could
			 prevent an estimated 4,160 infections with an associated savings of
			 $41,000,000. That study also found that for each additional patient
			 assigned to
			 a registered nurse for care, there is an incidence of roughly one
			 additional
			 catheter-acquired urinary tract infection per 1,000 patients or 1,351
			 infections per year, costing those hospitals as much as $1,100,000
			 annually.

				(9)
				When hospitals
			 employ insufficient numbers of nursing staff, registered nurses are being
			 required to perform professional services under conditions that do not
			 support
			 quality health care or a healthful work environment for registered
			 nurses.

				(10)
				As a payor for
			 inpatient and outpatient hospital services furnished to Medicare
			 beneficiaries,
			 the Federal Government has a compelling interest in promoting the safety
			 of
			 these patients by requiring any hospital participating in the Medicare
			 program
			 to establish minimum safe staffing levels for registered nurses.

			3.
			Establishment of
			 safe nurse staffing levels by Medicare participating hospitals

				(a)
				Requirement of
			 medicare provider agreement
				Section 1866(a)(1) of the Social
			 Security Act (42 U.S.C. 1395cc(a)(1)) is amended—

					(1)
					in subparagraph
			 (V), by striking and at the end;

					(2)
					in subparagraph
			 (W), as added by section 3005 of the Patient Protection and Affordable
			 Care Act
			 (Public Law 111–148)—

						(A)
						by moving such
			 subparagraph 2 ems to the left; and

						(B)
						by striking the
			 period at the end;

					(3)
					in subparagraph
			 (W), as added by section 6406(b) of the Patient Protection and Affordable
			 Care
			 Act (Public Law 111–148)—

						(A)
						by moving such
			 subparagraph 2 ems to the left;

						(B)
						by redesignating
			 such subparagraph as subparagraph (X); and

						(C)
						by striking the
			 period at the end and inserting , and; and

					(4)
					by inserting after
			 subparagraph (X), as redesignated by paragraph (3)(B), the following new
			 subparagraph:

							(Y)
							in the case of a
				hospital (as defined in section 1861(e)), to meet the requirements
			 of section
				1899B.
						.

				(b)
				Requirements
				Title
			 XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by
			 adding
			 at the end the following new section:

						1899B.
						Nurse staffing requirements for Medicare participating
		  hospitals(a)
							Implementation of
				nurse staffing plan

								(1)
								In
				general
								Each participating hospital shall implement a
				hospital-wide staffing plan for nursing services furnished in the
				hospital.

								(2)
								Requirement for
				development of staffing plan by hospital nurse staffing
				committee
								The hospital-wide staffing plan for nursing services
				implemented by a hospital pursuant to paragraph (1)—

									(A)
									shall be developed
				by the hospital nurse staffing committee established under
			 subsection (b);
				and

									(B)
									shall require that
				an appropriate number of registered nurses provide direct patient
			 care in each
				unit and on each shift of the hospital to ensure staffing levels
			 that—

										(i)
										address the unique
				characteristics of the patients and hospital units; and

										(ii)
										result in the
				delivery of safe, quality patient care, consistent with the
			 requirements under
				subsection (c).

							(b)
							Hospital nurse
				staffing committee

								(1)
								Establishment
								Each
				participating hospital shall establish a hospital nurse staffing
			 committee
				(hereinafter in this section referred to as the
				Committee).

								(2)
								Composition
								A
				Committee established pursuant to this subsection shall be composed
			 of members
				as follows:

									(A)
									Minimum 55
				percent nurse participation
									Not less than 55 percent of the
				members of the Committee shall be registered nurses who provide
			 direct patient
				care but who are neither hospital nurse managers nor part of the
			 hospital
				administration staff.

									(B)
									Inclusion of
				hospital nurse managers
									The Committee shall include members who
				are hospital nurse managers.

									(C)
									Inclusion of
				nurses from specialty units
									The members of the Committee shall
				include at least 1 registered nurse who provides direct care from
			 each nurse
				specialty or unit of the hospital (each such specialty or unit as
			 determined by
				the hospital).

									(D)
									Other hospital
				personnel
									The Committee shall include such other personnel of the
				hospital as the hospital determines to be appropriate.

								(3)
								Duties

									(A)
									Development of
				staffing plan
									The Committee shall develop a hospital-wide
				staffing plan for nursing services furnished in the hospital
			 consistent with
				the requirements under subsection (c).

									(B)
									Review and
				modification of staffing plan
									The Committee shall—

										(i)
										conduct regular,
				ongoing monitoring of the implementation of the hospital-wide
			 staffing plan for
				nursing services furnished in the hospital;

										(ii)
										carry out
				evaluations of the hospital-wide staffing plan for nursing services
			 at least
				annually; and

										(iii)
										make such
				modifications to the hospital-wide staffing plan for nursing
			 services as may be
				appropriate.

									(C)
									Additional
				duties
									The Committee shall—

										(i)
										develop policies
				and procedures for overtime requirements of registered nurses
			 providing direct
				patient care and for appropriate time and manner of relief of such
			 registered
				nurses during routine absences; and

										(ii)
										carry out such
				additional duties as the Committee determines to be appropriate.

							(c)
							Staffing plan
				requirements

								(1)
								Plan
				requirements
								Subject to paragraph (2), a hospital-wide staffing
				plan for nursing services developed and implemented under this
			 section
				shall—

									(A)
									be based upon
				input from the registered nurse staff of the hospital who provide
			 direct
				patient care or their exclusive representatives, as well as the
			 chief nurse
				executive;

									(B)
									be based upon the
				number of patients and the level and variability of intensity of
			 care to be
				provided to those patients, with appropriate consideration given to
			 admissions,
				discharges, and transfers during each shift;

									(C)
									take into account
				contextual issues affecting nurse staffing and the delivery of
			 care, including
				architecture and geography of the environment and available
			 technology;

									(D)
									take into account
				the level of education, training, and experience of those
			 registered nurses
				providing direct patient care;

									(E)
									take into account
				the staffing levels and services provided by other health care
			 personnel
				associated with nursing care, such as certified nurse assistants,
			 licensed
				vocational nurses, licensed psychiatric technicians, nursing
			 assistants, aides,
				and orderlies;

									(F)
									take into account
				staffing levels recommended by specialty nursing organizations;

									(G)
									establish upwardly
				adjustable minimum ratios of direct care registered nurses to
			 patients for each
				unit and for each shift of the hospital, based upon an assessment
			 by registered
				nurses of the level and variability of intensity of care required
			 by patients
				under existing conditions;

									(H)
									take into account
				unit and facility level staffing, quality and patient outcome data,
			 and
				national comparisons, as available;

									(I)
									ensure that a
				registered nurse shall not be assigned to work in a particular unit
			 of the
				hospital without first having established the ability to provide
			 professional
				care in such unit; and

									(J)
									provide for
				exemptions from some or all requirements of the hospital-wide
			 staffing plan for
				nursing services during a declared state of emergency (as defined
			 in subsection
				(l)(1)) if the hospital is requested or expected to provide an
			 exceptional
				level of emergency or other medical services.

								(2)
								Limitation
								A
				hospital-wide staffing plan for nursing services developed and
			 implemented
				under this section—

									(A)
									shall not preempt
				any registered-nurse staffing levels established under State law or
			 regulation;
				and

									(B)
									may not utilize
				any minimum number of registered nurses established under paragraph
			 (1)(G) as
				an upper limit on the nurse staffing of the hospital to which such
			 minimum
				number applies.

							(d)
							Reporting and
				release to public of certain staffing information

								(1)
								Requirements for
				hospitals
								Each participating hospital shall—

									(A)
									post daily for
				each shift, in a clearly visible place, a document that specifies
			 in a uniform
				manner (as prescribed by the Secretary) the current number of
			 licensed and
				unlicensed nursing staff directly responsible for patient care in
			 each unit of
				the hospital, identifying specifically the number of registered
			 nurses;

									(B)
									upon request, make
				available to the public—

										(i)
										the nursing staff
				information described in subparagraph (A);

										(ii)
										a
				detailed written description of the hospital-wide staffing plan
			 implemented by
				the hospital pursuant to subsection (a); and

										(iii)
										not later than
				90 days after the date on which an evaluation is carried out by the
			 Committee
				under subsection (b)(3)(B)(ii), a copy of such evaluation; and

									(C)
									not less
				frequently than quarterly, submit to the Secretary in a uniform
			 manner (as
				prescribed by the Secretary) the nursing staff information
			 described in
				subparagraph (A) through electronic data submission.

								(2)
								Secretarial
				responsibilities
								The Secretary shall—

									(A)
									make the
				information submitted pursuant to paragraph (1)(C) publicly
			 available in a
				comprehensible format (as described in subsection (e)(2)(D)(ii)),
			 including by
				publication on the Hospital Compare Internet Web site of the
			 Department of
				Health and Human Services; and

									(B)
									provide for the
				auditing of such information for accuracy as a part of the process
			 of
				determining whether the participating hospital is in compliance
			 with the
				conditions of its agreement with the Secretary under section 1866,
			 including
				under subsection (a)(1)(Y) of such section.

							(e)
							Recordkeeping;
				collection and reporting of quality data; evaluation

								(1)
								Recordkeeping
								Each
				participating hospital shall maintain for a period of at least 3
			 years (or, if
				longer, until the conclusion of any pending enforcement activities)
			 such
				records as the Secretary deems necessary to determine whether the
			 hospital has
				implemented a hospital-wide staffing plan for nursing services
			 pursuant to
				subsection (a).

								(2)
								Collection and
				reporting of quality data on nursing services

									(A)
									In
				general
									The Secretary shall require the collection, aggregation,
				maintenance, and reporting of quality data relating to nursing
			 services
				furnished by each participating hospital.

									(B)
									Use of endorsed
				measures
									In carrying out this paragraph, the Secretary shall use
				only quality measures for nursing-sensitive care that are endorsed
			 by the
				consensus-based entity with a contract under section 1890(a).

									(C)
									Use of qualified
				third-party entities for collection and submission of data

										(i)
										In
				general
										A participating hospital may enter into agreements with
				third-party entities that have demonstrated expertise in the
			 collection and
				submission of quality data on nursing services to collect,
			 aggregate, maintain,
				and report the quality data of the hospital pursuant to
			 subparagraph
				(A).

										(ii)
										Construction
										Nothing
				in clause (i) shall be construed to excuse or exempt a
			 participating hospital
				that has entered into an agreement described in such clause from
			 compliance
				with requirements for quality data collection, aggregation,
			 maintenance, and
				reporting imposed under this paragraph.

									(D)
									Reporting of
				quality data

										(i)
										Publication on
				hospital compare web site
										Subject to the succeeding provisions of
				this subparagraph, the Secretary shall make the data submitted
			 pursuant to
				subparagraph (A) publicly available, including by publication on
			 the Hospital
				Compare Internet Web site of the Department of Health and Human
				Services.

										(ii)
										Comprehensible
				format
										Data made available to the public under clause (i) shall
				be presented in a clearly understandable format that permits
			 consumers of
				hospital services to make meaningful comparisons among hospitals,
			 including
				concise explanations in plain English of how to interpret the data,
			 of the
				difference in types of nursing staff, of the relationship between
			 nurse
				staffing levels and quality of care, and of how nurse staffing may
			 vary based
				on patient case mix.

										(iii)
										Opportunity to
				correct errors
										The Secretary shall establish a process under
				which participating hospitals may review data submitted to the
			 Secretary
				pursuant to subparagraph (A) to correct errors, if any, contained
			 in that data
				submission before making the data available to the public under
			 clause
				(i).

								(3)
								Evaluation of
				data
								The Secretary shall provide for the analysis of quality data
				collected from participating hospitals under paragraph (2) in order
			 to evaluate
				the effect of hospital-wide staffing plans for nursing services
			 implemented
				pursuant to subsection (a) on—

									(A)
									patient outcomes
				that are nursing sensitive (such as pressure ulcers, fall
			 occurrence, falls
				resulting in injury, length of stay, and central line catheter
			 infections);
				and

									(B)
									nursing workforce
				safety and retention (including work-related injury, staff skill
			 mix, nursing
				care hours per patient day, vacancy and voluntary turnover rates,
			 overtime
				rates, use of temporary agency personnel, and nurse satisfaction).

							(f)
							Refusal of
				assignment
							A nurse may refuse to accept an assignment as a nurse
				in a participating hospital, or in a unit of a participating
			 hospital,
				if—

								(1)
								the assignment is
				in violation of the hospital-wide staffing plan for nursing
			 services
				implemented pursuant to subsection (a); or

								(2)
								the nurse is not
				prepared by education, training, or experience to fulfill the
			 assignment
				without compromising the safety of any patient or jeopardizing the
			 license of
				the nurse.

							(g)
							Enforcement

								(1)
								Responsibility
								The
				Secretary shall enforce the requirements and prohibitions of this
			 section in
				accordance with the succeeding provisions of this subsection.

								(2)
								Procedures for
				receiving and investigating complaints
								The Secretary shall
				establish procedures under which—

									(A)
									any person may
				file a complaint that a participating hospital has violated a
			 requirement of or
				a prohibition under this section; and

									(B)
									such complaints
				are investigated by the Secretary.

								(3)
								Remedies
								Except
				as provided in paragraph (5), if the Secretary determines that a
			 participating
				hospital has violated a requirement of this section, the Secretary—

									(A)
									shall require the
				hospital to establish a corrective action plan to prevent the
			 recurrence of
				such violation; and

									(B)
									may impose civil
				money penalties under paragraph (4).

								(4)
								Civil money
				penalties

									(A)
									In
				general
									In addition to any other penalties prescribed by law, the
				Secretary may impose a civil money penalty of not more than $10,000
			 for each
				knowing violation of a requirement of this section, except that the
			 Secretary
				shall impose a civil money penalty of more than $10,000 for each
			 such violation
				in the case of a participating hospital that the Secretary
			 determines has a
				pattern or practice of such violations (with the amount of such
			 additional
				penalties being determined in accordance with a schedule or
			 methodology
				specified in regulations).

									(B)
									Procedures
									The
				provisions of section 1128A (other than subsections (a) and (b))
			 shall apply to
				a civil money penalty under this paragraph in the same manner as
			 such
				provisions apply to a penalty or proceeding under section 1128A.

									(C)
									Public notice of
				violations

										(i)
										Internet web
				site
										The Secretary shall publish on an appropriate Internet Web
				site of the Department of Health and Human Services the names of
			 participating
				hospitals on which civil money penalties have been imposed under
			 this section,
				the violation for which the penalty was imposed, and such
			 additional
				information as the Secretary determines appropriate.

										(ii)
										Change of
				ownership
										With respect to a participating hospital that had a
				change in ownership, as determined by the Secretary, penalties
			 imposed on the
				hospital while under previous ownership shall no longer be
			 published by the
				Secretary of such Internet Web site after the 1-year period
			 beginning on the
				date of the change in ownership.

								(5)
								Penalty for
				failure to collect and report quality data on nursing services

									(A)
									In
				general
									In the case of a participating hospital that fails to
				comply with requirements under subsection (e)(2) to collect,
			 aggregate,
				maintain, and report quality data relating to nursing services
			 furnished by the
				hospital, instead of the remedies described in paragraph (3), the
			 provisions of
				subparagraph (B) shall apply with respect to each such failure of
			 the
				participating hospital.

									(B)
									Penalty
									In
				the case of a failure by a participating hospital to comply with
			 the
				requirements under subsection (e)(2) for a year, each such failure
			 shall be
				deemed to be a failure to submit data required under section
			 1833(t)(17)(A),
				section 1886(b)(3)(B)(viii), section 1886(j)(7)(A), or section
			 1886(m)(5)(A),
				as the case may be, with respect to the participating hospital
			 involved for
				that year.

							(h)
							Whistleblower
				protections

								(1)
								Prohibition of
				discrimination and retaliation
								A participating hospital shall not
				discriminate or retaliate in any manner against any patient or
			 employee of the
				hospital because that patient or employee, or any other person, has
			 presented a
				grievance or complaint, or has initiated or cooperated in any
			 investigation or
				proceeding of any kind, relating to—

									(A)
									the hospital-wide
				staffing plan for nursing services developed and implemented under
			 this
				section; or

									(B)
									any right, other
				requirement or prohibition under this section, including a refusal
			 to accept an
				assignment described in subsection (f).

								(2)
								Relief for
				prevailing employees
								An employee of a participating hospital who
				has been discriminated or retaliated against in employment in
			 violation of this
				subsection may initiate judicial action in a United States district
			 court and
				shall be entitled to reinstatement, reimbursement for lost wages,
			 and work
				benefits caused by the unlawful acts of the employing hospital.
			 Prevailing
				employees are entitled to reasonable attorney’s fees and costs
			 associated with
				pursuing the case.

								(3)
								Relief for
				prevailing patients
								A patient who has been discriminated or
				retaliated against in violation of this subsection may initiate
			 judicial action
				in a United States district court. A prevailing patient shall be
			 entitled to
				liquidated damages of $5,000 for a violation of this statute in
			 addition to any
				other damages under other applicable statutes, regulations, or
			 common law.
				Prevailing patients are entitled to reasonable attorney’s fees and
			 costs
				associated with pursuing the case.

								(4)
								Limitation on
				actions
								No action may be brought under paragraph (2) or (3) more
				than 2 years after the discrimination or retaliation with respect
			 to which the
				action is brought.

								(5)
								Treatment of
				adverse employment actions
								For purposes of this
				subsection—

									(A)
									an adverse
				employment action shall be treated as discrimination or
			 retaliation; and

									(B)
									the term
				adverse employment action includes—

										(i)
										the failure to
				promote an individual or provide any other employment-related
			 benefit for which
				the individual would otherwise be eligible;

										(ii)
										an adverse
				evaluation or decision made in relation to accreditation,
			 certification,
				credentialing, or licensing of the individual; and

										(iii)
										a personnel
				action that is adverse to the individual concerned.

							(i)
							Relationship to
				state laws
							Nothing in this section shall be construed as
				exempting or relieving any person from any liability, duty,
			 penalty, or
				punishment provided by the law of any State or political
			 subdivision of a
				State, other than any such law which purports to require or permit
			 any action
				prohibited under this title.

							(j)
							Relationship to
				conduct prohibited under the national labor relations act or other
			 collective
				bargaining laws
							Nothing in this section shall be construed
				as—

								(1)
								permitting conduct
				prohibited under the National Labor Relations Act or under any
			 other Federal,
				State, or local collective bargaining law; or

								(2)
								preempting,
				limiting, or modifying a collective bargaining agreement entered
			 into by a
				participating hospital.

							(k)
							Regulations

								(1)
								In
				general
								The Secretary shall promulgate such regulations as are
				appropriate and necessary to implement this section.

								(2)
								Implementation

									(A)
									In
				general
									Except as provided in subparagraph (B), as soon as
				practicable but not later than 2 years after the date of the
			 enactment of this
				section, a participating hospital shall have implemented a
			 hospital-wide
				staffing plan for nursing services under this section.

									(B)
									Special rule for
				rural hospitals
									In the case of a participating hospital located
				in a rural area (as defined in section 1886(d)(2)(D)), such
			 participating
				hospital shall have implemented a hospital-wide staffing plan for
			 nursing
				services under this section as soon as practicable but not later
			 than 4 years
				after the date of the enactment of this section.

							(l)
							Definitions
							In
				this section:

								(1)
								Declared state
				of emergency
								The term declared state of emergency
				means an officially designated state of emergency that has been
			 declared by the
				Federal Government or the head of the appropriate State or local
			 governmental
				agency having authority to declare that the State, county,
			 municipality, or
				locality is in a state of emergency, but does not include a state
			 of emergency
				that results from a labor dispute in the health care industry or
			 consistent
				understaffing.

								(2)
								Participating
				hospital
								The term participating hospital means a
				hospital (as defined in section 1861(e)) that has entered into a
			 provider
				agreement under section 1866.

								(3)
								Person
								The
				term person means one or more individuals, associations,
				corporations, unincorporated organizations, or labor unions.

								(4)
								Registered
				nurse
								The term registered nurse means an individual
				who has been granted a license to practice as a registered nurse in
			 at least 1
				State.

								(5)
								Shift
								The
				term shift means a scheduled set of hours or duty period to be
				worked at a participating hospital.

								(6)
								Unit
								The
				term unit means, with respect to a hospital, an organizational
				department or separate geographic area of a hospital, including a
			 burn unit, a
				labor and delivery room, a post-anesthesia service area, an
			 emergency
				department, an operating room, a pediatric unit, a stepdown or
			 intermediate
				care unit, a specialty care unit, a telemetry unit, a general
			 medical care
				unit, a subacute care unit, and a transitional inpatient care
				unit.
							.


116 S2483 IS: Transnational Repression Accountability and Prevention Act of 2019
U.S. Senate
2019-09-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 2483IN THE SENATE OF THE UNITED STATESSeptember 17, 2019Mr. Wicker (for himself, Mr. Cardin, Mr. Rubio, Mr. Whitehouse, and Mr. Gardner) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsA BILLTo counter efforts by foreign governments to pursue, harass, or otherwise persecute individuals for
			 political and other unlawful motives overseas, and for other purposes.

 1.Short titleThis Act may be cited as the Transnational Repression Accountability and Prevention Act of 2019 or the TRAP Act. 2.FindingsCongress makes the following findings:
 (1)The International Criminal Police Organization (INTERPOL) works to prevent and fight crime through enhanced cooperation and innovation on police and security matters, including counterterrorism, cybercrime, counternarcotics, and transnational organized crime.
 (2)United States membership and participation in INTERPOL advances the national security and law enforcement interests of the United States related to combating terrorism, cybercrime, narcotics, and transnational organized crime.
 (3)Article 2 of INTERPOL’s Constitution states that the organization aims [t]o ensure and promote the widest possible mutual assistance between all criminal police authorities … in the spirit of the Universal Declaration of Human Rights.
 (4)Article 3 of INTERPOL’s Constitution states that [i]t is strictly forbidden for the Organization to undertake any intervention or activities of a political, military, religious or racial character.
 (5)Some INTERPOL member countries have used INTERPOL’s databases and processes, including Notice and Diffusion mechanisms and the Stolen and Lost Travel Document Database, for activities of a political or other unlawful character and in violation of international human rights standards, including making requests to INTERPOL for interventions related to purported charges of ordinary law crimes that are fabricated for political or other unlawful motives.
 (6)According to the Justice Manual of the United States Department of Justice, [i]n the United States, national law prohibits the arrest of the subject of a Red Notice issued by another INTERPOL member country, based upon the notice alone and requires the existence of a valid extradition treaty between the requesting country and the United States, a diplomatic request for provisional arrest of the subject individual, and an arrest warrant from the United States Attorney’s Office of the subject jurisdiction.
 3.Sense of CongressIt is the sense of Congress that the Russian Federation and other autocratic countries have abused INTERPOL’s databases and processes, including Notice and Diffusion mechanisms and the Stolen and Lost Travel Document Database, for political and other unlawful purposes, such as intimidating, harassing, and persecuting political opponents, journalists, members of civil society, and non-pliant members of the business community.
 4.Statement of policyIt is the policy of the United States: (1)To use the voice, vote, and influence of the United States within INTERPOL’s General Assembly and Executive Committee to promote the following objectives aimed at improving the transparency of INTERPOL and ensuring its operation consistent with its Constitution, particularly Articles 2 and 3, and Rules on the Processing of Data:
 (A)Enhance the screening process for Notices, Diffusions, and other INTERPOL communications to ensure they comply with INTERPOL’s Constitution and Rules on the Processing of Data.
 (B)In cases in which INTERPOL has determined that a member country issued a Notice, Diffusion, or other INTERPOL communication against an individual in violation of Articles 2 or 3 of the INTERPOL Constitution, require such member country to seek the approval of the Commission for the Control of INTERPOL’s Files (CCF) prior to publishing any subsequent Notices, Diffusions, or other INTERPOL communication against the same individual.
 (C)Impose penalties on countries for regular or egregious violations of INTERPOL’s Constitution or Rules on the Processing of Data, including the temporary suspension of member countries’ access to INTERPOL systems.
 (D)Fill vacant positions within INTERPOL’s structures, including the Presidency, General Secretariat, and CCF, with candidates who have demonstrated experience relating to and respect for the rule of law.
 (E)Oppose the appointment to senior positions within INTERPOL of candidates from member countries that commit regular violations of the rule of law or INTERPOL’s Constitution or Rules on the Processing of Data, and disqualify any candidate from a member country that has had its access to INTERPOL systems temporarily suspended at any time in the prior five years.
 (F)Require INTERPOL in its annual report to provide a detailed account of the following information, disaggregated by member country or entity:
 (i)The number of Notice requests, disaggregated by color, that it received. (ii)The number of Notice requests, disaggregated by color, that it rejected.
 (iii)The category of violation identified in each instance of a rejected Notice. (iv)The number of Diffusions that it cancelled without reference to decisions by the CCF.
 (v)The sources of all INTERPOL income during the reporting period. (vi)Every instance in which INTERPOL suspends or withdraws the access rights or otherwise sanctions a member country and the reason for taking such measures.
 (G)Require the CCF in its annual report to provide a detailed account of the following information, disaggregated by country:
 (i)The number of admissible complaints received by the CCF regarding issued Notices, Diffusions, and other INTERPOL communications.
 (ii)The category of violation alleged in each such complaint. (iii)The outcome of the CCF’s adjudication of each complaint, specifying whether a violation was found and, if so, what specific category of violation was identified.
 (iv)The course of action taken by the CCF in response to its adjudication of each complaint, such as deleting or correcting the subject INTERPOL file or files.
 (v)The number of preventive requests received by the CCF and the outcome of the CCF’s adjudication of each such request.
 (2)To direct relevant United States departments and agencies to take appropriate action in response to credible information of likely attempts by member countries to abuse INTERPOL communications for politically motivated or other unlawful purposes, including by—
 (A)using bilateral and multilateral engagements with INTERPOL member countries, as appropriate, to raise the United States serious concerns about attempts to abuse INTERPOL systems in violation of Articles 2 and 3 of INTERPOL’s Constitution;
 (B)lodging demarches, as appropriate, with the government of the violating member country for such abuses of INTERPOL communications;
 (C)engaging with foreign immigration and security services, as appropriate, to alert such services to the abusive nature of INTERPOL communications against targeted individuals who may enter the jurisdiction of such a service during the course of international travel;
 (D)engaging with foreign immigration and security services, as appropriate, to secure the freedom of targeted individuals if such individuals are detained on the basis of such an INTERPOL communication; and
 (E)engaging with foreign financial and treasury authorities, as appropriate, to ensure the freedom of targeted individuals to conduct lawful commerce within their jurisdiction.
				5.Report on the abuse of INTERPOL systems
 (a)In generalNot later than 180 days after the date of the enactment of this Act, the Attorney General, in coordination with the Secretary of Homeland Secretary, the Secretary of State, and the heads of other relevant United States Government departments or agencies shall submit to the appropriate congressional committees a report containing an assessment of how INTERPOL member countries abuse INTERPOL Red Notices, Diffusions, and other INTERPOL communications for political motives and other unlawful purposes within the past three years.
 (b)ElementsThe report required under subsection (a) shall include the following elements: (1)A description of—
 (A)the most common tactics employed by member countries in conducting such abuse, including the crimes most commonly alleged and the INTERPOL communications most commonly exploited;
 (B)how many INTERPOL communications are blocked by INTERPOL authorities because of suspected politically motivated abuse; and
 (C)which countries are responsible for the greatest volume and most frequent abuse of INTERPOL communications and whether INTERPOL has imposed any penalty on these member countries for this abuse.
 (2)An assessment of the adequacy of INTERPOL mechanisms for challenging abusive requests, including the Commission for the Control of INTERPOL’s Files (CCF), and any shortcoming the United States believes should be addressed.
 (3)A description of any incidents in which the Department of Justice assesses that United States courts and executive departments or agencies have relied on INTERPOL communications in contravention of existing law or policy to seek the detention of individuals or render judgments concerning their immigration status or requests for asylum, withholding of removal, or convention against torture claims and any measures the Department of Justice or other executive departments or agencies took in response to these incidents.
 (4)A description of how the United States monitors and responds to likely instances of abuse of INTERPOL communications by member countries that could affect the interests of the United States, including citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States.
 (5)A description of what actions the United States takes in response to credible information it receives concerning likely abuse of INTERPOL communications targeting employees of the United States Government for activities they undertook in an official capacity.
 (6)A description of United States advocacy for reform and good governance within INTERPOL. (7)A strategy for improving interagency coordination to identify and address instances of INTERPOL abuse that affect the interests of the United States, including international respect for human rights and fundamental freedoms, citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States.
 (8)An estimate of the costs involved in establishing such improvements. (c)Form of reportEach report required by subsection (a) shall be submitted in unclassified form and be published in the Federal Register, but may include a classified annex, as appropriate.
 (d)BriefingNot later than 180 days after the submission of the report in subsection (a), and every 180 days after for two years, the Department of Justice, in coordination with the Department of Homeland Secretary, the Department of State, and the heads of other relevant United States Government departments and agencies shall brief the appropriate congressional committees on recent instances of INTERPOL abuse by member countries and United States efforts to identify and challenge such abuse, including efforts to promote reform and good governance within INTERPOL.
			6.Prohibition on denial of services
 (a)ArrestsNo United States Government department or agency may arrest an individual who is the subject of an INTERPOL Red Notice or Diffusion issued by another INTERPOL member country, based solely upon the INTERPOL communication without—
 (1)prior verification of the individual’s eligibility for extradition under a valid bilateral extradition treaty for the specified crime or crimes;
 (2)receipt of a diplomatic request for provisional arrest from the requesting country; and
 (3)the issuance of an arrest warrant in compliance with section 3184 of title 18, United States Code. (b)Removal and travel restrictionsNo United States Government department or agency may make use of any INTERPOL Notice, Diffusion, or other INTERPOL communication, or the information contained therein, published on behalf of another INTERPOL member country with which the United States Government is not a party to a valid bilateral extradition treaty as the sole basis to detain or otherwise deprive an individual of freedom, to remove an individual from the United States, or to deny a visa, asylum, citizenship, other immigration status, or participation in any trusted traveler program of the Transportation Security Administration, without first verifying through the NCB, in coordination with the Department of State and other relevant United States government departments or agencies, that the subject INTERPOL communication likely comports with Articles 2 and 3 of INTERPOL’s Constitution.
 7.Annual country reports on human rights practicesThe Foreign Assistance Act of 1961 is amended— (1)in section 116 (22 U.S.C. 2151n), by adding at the end the following new subsection:

 (h)Politically motivated reprisal against individuals outside the countryThe report required by subsection (d) shall include examples from credible reporting of likely attempts by countries to misuse international law enforcement tools, such as INTERPOL communications, for politically motivated reprisal against specific individuals located in other countries.; and
 (2)in section 502B (22 U.S.C. 2304)— (A)by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and
 (B)by adding at the end the following new subsection:  (k)Politically motivated reprisal against individuals outside the countryThe report required by subsection (b) shall include examples from credible reporting of likely attempts by countries to misuse international law enforcement tools, such as INTERPOL communications, for politically motivated reprisal against specific individuals located in other countries..
 8.DefinitionsIn this Act: (1)Appropriate congressional committeesThe term appropriate congressional committees means—
 (A)the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on the Judiciary of the Senate; and
 (B)the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on the Judiciary of the House of Representatives.
 (2)Interpol communicationsThe term INTERPOL communications means any INTERPOL notice or diffusion or any entry into any INTERPOL database or other communications system maintained by INTERPOL.


113 S2793 : To authorize the award of the Medal of Honor to Henry Johnson.
U.S. Senate
2014-09-19
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.

IC
113th CONGRESS2d Session
S. 2793
IN THE HOUSE OF REPRESENTATIVES

September 19, 2014
Referred to the Committee on Armed Services

AN ACT
To authorize the award of the Medal of Honor to Henry Johnson.

1.Authorization for award of the Medal of Honor to Henry Johnson for acts of valor during World War I
(a)Waiver of time limitationsNotwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 3741 of such title to Henry Johnson for the acts of valor during World War I described in subsection (b).
(b)Acts of valor describedThe acts of valor referred to in subsection (a) are the actions of Henry Johnson while serving as a member of Company C, 369th Infantry Regiment, 93rd Division, American Expeditionary Forces, during combat operations against the enemy on the front lines of the Western Front in France on May 15, 1918, during World War I for which he was previously awarded the Distinguished Service Cross.
Passed the Senate September 18, 2014.Nancy Erickson,Secretary


117 S1640 IS: Protecting Access to American Products Act
U.S. Senate
2021-05-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1640IN THE SENATE OF THE UNITED STATESMay 13, 2021Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo establish a process for waiver of coastwise endorsement requirements.1.Short titleThis Act may be cited as the Protecting Access to American Products Act.2.Waiver of coastwise endorsement requirementsSection 12112 of title 46, United States Code, is amended by adding at the end the following:(c)Waivers In Cases of Product Carrier Scarcity or Unavailability(1)In GeneralThe head of an agency shall, upon request, temporarily waive the requirements of subsection (a), including the requirement to satisfy section 12103, if the person requesting that waiver reasonably demonstrates to the head of an agency that—(A)there is no product carrier, with respect to a specified good, that meets such requirements, exists, and is available to carry such good; and(B)the person made a good faith effort to locate a product carrier that complies with such requirements.(2)DurationAny waiver issued under paragraph (1) shall be limited in duration, and shall expire by a specified date that is not less than 30 days after the date on which the waiver is issued.(3)ExtensionUpon request, if the circumstances under which a waiver was issued under paragraph (1) have not substantially changed, the head of an agency shall, without delay, grant one or more extensions to a waiver issued under paragraph (1), for periods of not less than 15 days each.(4)Deadline for waiver response(A)Response deadlineNot later than 60 days after receiving a request for a waiver under paragraph (1), the head of an agency shall approve or deny such request.(B)Findings in support of denied waiverIf the head of an agency denies such a request, the head of an agency shall, not later than 14 days after denying the request, submit to the requester a report that includes the findings that served as the basis for denying the request.(C)Request deemed grantedIf the head of an agency has neither granted nor denied the request before the response deadline described in subparagraph (A), the request shall be deemed granted on the date that is 61 days after the date on which the head of an agency received the request. A waiver that is deemed granted under this subparagraph shall be valid for a period of 30 days.(5)Notice to Congress(A)In GeneralThe head of an agency shall notify Congress—(i)of any request for a temporary waiver under this subsection, not later than 48 hours after receiving such request; and(ii)of the issuance of any such waiver, not later than 48 hours after such issuance.(B)ContentsThe head of an agency shall include in each notification under subparagraph (A)(ii) a detailed explanation of the reasons the waiver is necessary.(6)DefinitionsIn this subsection:(A)Product carrierThe term product carrier, with respect to a good, means a vessel constructed or adapted primarily to carry such good in bulk in the cargo spaces.(B)Head of an agencyThe term head of an agency means an individual, or such individual acting in that capacity, who is responsible for the administration of the navigation or vessel inspection laws..


110 HR 4207 IH: Partnership for Children and Families

U.S. House of Representatives
2007-11-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 4207
		IN THE HOUSE OF REPRESENTATIVES

			November 15, 2007
			Ms. Berkley
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To provide States with the incentives, flexibility and
		  resources to develop child welfare services that focus on improving
		  circumstances for children, whether in foster care or in their own
		  homes.

		1.Short title; table of
			 contents; references
			(a)Short
			 titleThis Act may be cited as the Partnership for Children and Families
			 Act.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents; references.
					Title I—Expanded Eligibility for Adoption Assistance and Foster
				Care
					Sec. 101. Adoption assistance.
					Sec. 102. Foster care maintenance payments.
					Title II—Child Welfare Reinvestment Funding
					Sec. 201. Child welfare reinvestment funding.
					Title III—Effective dates
					Sec. 301. Effective dates.

			(c)ReferencesExcept
			 as otherwise expressly provided, wherever in this Act an amendment or repeal is
			 expressed in terms of an amendment to, or repeal of, a section or other
			 provision, the amendment or repeal shall be considered to be made to a section
			 or other provision of the Social Security Act.
			IExpanded
			 Eligibility for Adoption Assistance and Foster Care
			101.Adoption
			 assistanceSection 473(a) (42
			 U.S.C. 673(a)) is amended by striking paragraph (2) and inserting the
			 following:

					(2)(A)For the purposes of
				paragraph (1)(B)(ii), a child meets the requirements of this paragraph if the
				child—
							(i)(I)at the time of the
				adoption proceedings were initiated, had been removed from his or her
				home—
									(aa)pursuant to a voluntary placement
				agreement with respect to which Federal payments are made under section 474;
				or
									(bb)as a result of a judicial determination
				to the effect that continuation therein would be contrary to the welfare of the
				child, including such determination made on account of a voluntary
				relinquishment;
									(II)was residing in a foster family
				home or in a child care institution with the child’s minor parent as described
				in section 475(4)(B); and
								(ii)has been determined by the State,
				pursuant to subsection (c) to be a child with special needs.
							(B)A child who meets the requirements of
				subparagraph (A)(ii), who was determined eligible for adoption assistance
				payments under this part with respect to a prior adoption, and who is available
				for adoption because the prior adoption has been dissolved and the parental
				rights of the parents have been terminated or because the adoptive parents have
				died, shall be treated as meeting the requirements of this paragraph for the
				purposes of paragraph
				(1)(B)(ii).
						.
			102.Foster care
			 maintenance payments
				(a)Elimination of
			 income eligibility requirementSection 472(a) (42 U.S.C. 672(a))
			 is amended—
					(1)in paragraph (1),
			 by striking if and all that follows and inserting if the
			 removal and foster care placement met, and the placement continues to meet, the
			 requirements of paragraph (2).; and
					(2)by striking
			 paragraphs (3) and (4).
					(b)Conforming
			 amendmentSection 470 (42 U.S.C. 670) is amended by striking
			 who otherwise would have been eligible for assistance under the States
			 plan approved under part A (as such plan was in effect on June 1,
			 1995).
				IIChild Welfare
			 Reinvestment Funding
			201.Child welfare
			 reinvestment fundingSection
			 474 (42 U.S.C. 674) is amended by adding at the end the following:

					(g)Child welfare
				reinvestment fund
						(1)In
				generalEach State with a
				plan approved under this part for a fiscal year may submit to the Secretary an
				application to—
							(A)receive foster
				care maintenance payment savings achieved by reducing the total number of days
				children in the State experience in foster care during the fiscal year;
				and
							(B)use the savings
				to—
								(i)provide to children in the State family
				preservation services, family support services, time-limited family
				reunification services and adoption promotion and support services, as such
				terms are defined in section 431(a); and
								(ii)train the staff of State and local child
				welfare agencies, of child welfare service providers, or of providers of
				related services aimed at keeping children in their homes, on effective
				practices relating to the provision of any service referred to in this
				subparagraph.
								(2)Contents of
				applicationAn application submitted by a State pursuant to this
				subsection shall contain—
							(A)an estimate of the
				the total number of placement days the State will experience for the fiscal
				year covered by the application, and a detailed description of the methodology
				used to make the estimate;
							(B)a plan
				which—
								(i)sets forth a
				detailed description of how any amount paid to the State under this subsection
				would be used as described in paragraph (1)(B) of this subsection;
								(ii)contains the
				assurances described in section 422(b)(8);
								(iii)does not impair
				the entitlement of any qualified child or family to benefits under the State
				plan approved under this part; and
								(iv)is consistent
				with any corrective action plan that the State may be implementing pursuant to
				section 1123A; and
								(C)such other
				information as the Secretary may require.
							(3)Approval of
				applicationsBeginning October 1, 2008, the Secretary may approve
				an application submitted by a State pursuant to this subsection if—
							(A)the State and the
				Secretary have agreed on the State’s estimate of the total number of placement
				days the State will experience for the fiscal year covered by the application;
				and
							(B)the approval of
				the application would not—
								(i)result in the
				State violating any assurances made by the State pursuant to section 422(b)(8);
				or
								(ii)result in the
				impairment of the entitlement of any qualified child or family to benefits
				under the State plan approved under this part.
								(4)Payments to
				States
							(A)In
				generalIn addition to any other payment under this part for a
				fiscal year for which a State application under this subsection is approved by
				the Secretary, the State shall be entitled to receive from the Secretary an
				amount equal to the lesser of—
								(i)the foster care
				maintenance payment savings achieved by the State for the fiscal year;
				or
								(ii)the
				Federal medical assistance percentage (as defined in section 1905(b)) of the
				total of the amounts expended by the State during the fiscal year to carry out
				any activity described in the application pursuant to paragraph (2)(B)(i) of
				this subsection and with respect to which amounts the State is not otherwise
				entitled to receive a payment from the Federal Government.
								(B)Determination of
				savings
								(i)In
				generalFor purposes of subparagraph (A)(i), the foster care
				maintenance payment savings achieved by a State for a fiscal year shall be an
				amount equal to—
									(I)the foster care
				maintenance unit cost of the State for the fiscal year; multiplied by
									(II)the amount (if
				any) by which the number of placement days estimated by the State for the
				fiscal year pursuant to paragraph (3)(A) exceeds the number of placement days
				experienced by the State during the fiscal year.
									(ii)DefinitionsIn
				this subsection:
									(I)Foster care
				maintenance unit costThe term foster care maintenance unit
				cost means, with respect to a State and a fiscal year—
										(aa)the
				total amount payable to the State under subsection (a)(1) for the preceding
				fiscal year; divided by
										(bb)the
				total number of placement days experienced by the State in the preceding fiscal
				year.
										(II)Placement
				dayThe term placement
				day means, with respect to a State, a calendar day during all or part of
				which a child (whether or not eligible for foster care maintenance payments
				under section 472(a)), other than a child who has been determined to be
				delinquent and is the subject of an agreement referred to in section 472(a)(2),
				has been removed from his home and placed into a family foster home, child care
				institution, or the home of a relative of the child (whether or not a foster
				care maintenance payment is made on behalf of the child to the family foster
				home, child care institution, or relative), and during which the State retains
				legal responsibility for the placement and care of the child.
									(C)TimingThe
				Secretary shall make the payment to which a State is entitled under this
				subsection for a fiscal year, at the end of the fiscal year.
							(5)Use of
				funds
							(A)In
				generalA State to which
				funds are paid under this subsection may use the funds only in accordance with
				the approved application of the State under this subsection.
							(B)Limitation on
				use for staff costsA State
				may not use any funds paid to the State under this subsection to cover the
				salaries or related costs of any staff of any State or local child welfare
				agency, except to the extent the staff are directly engaged in carrying out an
				activity referred to in paragraph (4)(A)(ii).
							(6)Availability of
				fundsFunds paid to a State under paragraph (4) shall remain
				available to the State for expenditure through the end of the 5th fiscal year
				ending after the date paid.
						(7)ReportAs
				soon as practicable after each fiscal year for which a State has received funds
				under this part, the State shall prepare and submit to the Secretary a written
				report on the services provided through use of the funds, and the effects of
				the provision of the services on the outcomes of children in the
				State.
						.
			IIIEffective
			 dates
			301.Effective
			 dates
				(a)Adoption
			 assistanceThe amendment made by section 101 shall take effect on
			 October 1, 2008, and shall apply to adoption assistance agreements executed on
			 or after that date.
				(b)Foster care
			 maintenance paymentsThe amendments made by section 102 shall
			 take effect on October 1, 2008, and shall apply to children removed from their
			 home and placed into foster care on or after that date.
				(c)Child welfare
			 reinvestment fundingThe amendment made by section 201 shall take
			 effect on October 1, 2008.


116 S157 IS: Student Empowerment Act
U.S. Senate
2019-01-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 157IN THE SENATE OF THE UNITED STATESJanuary 16, 2019Mr. Cruz (for himself, Mr. Johnson, Mr. Sasse, Mr. Paul, Mr. Blunt, Mr. Cotton, Mr. Toomey, Mr. Lankford, and Mr. Lee) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to permit kindergarten through grade 12 educational
			 expenses to be paid from a 529 account.

 1.Short titleThis Act may be cited as the Student Empowerment Act. 2.529 account funding for homeschool and additional elementary and secondary expenses (a)In generalSection 529(c)(7) of the Internal Revenue Code of 1986 is amended to read as follows:

 (7)Treatment of elementary and secondary tuitionAny reference in this section to the term qualified higher education expense shall include a reference to the following expenses in connection with enrollment or attendance at, or for students enrolled at or attending, an elementary or secondary public, private, or religious school:
 (A)Tuition. (B)Curriculum and curricular materials.
 (C)Books or other instructional materials. (D)Online educational materials.
 (E)Tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student and—
 (i)is licensed as a teacher in any State, (ii)has taught at an eligible educational institution, or
 (iii)is a subject matter expert in the relevant subject. (F)Fees for a nationally standardized norm-referenced achievement test, an advanced placement examination, or any examinations related to college or university admission.
 (G)Fees for dual enrollment in an institution of higher education. (H)Educational therapies for students with disabilities provided by a licensed or accredited practitioner or provider, including occupational, behavioral, physical, and speech-language therapies.
						Such term shall include expenses for the purposes described in subparagraphs (A) through (H) in
			 connection with a homeschool (whether treated as a homeschool or a private
			 school for purposes of applicable State law)..
 (b)Effective dateThe amendment made by this section shall apply to distributions made after the date of the enactment of this Act.


		I
		112th CONGRESS
		1st Session
		H. R. 2868
		IN THE HOUSE OF REPRESENTATIVES

			September 8, 2011
			Mr. Dold introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide
		  payroll tax relief to encourage the hiring of unemployed individuals, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 Unemployed Workers Hiring Act of
			 2011.
		2.Temporary payroll
			 tax reduction for newly hired employees
			(a)Employer
				(1)In
			 generalParagraph (1) of section 3111(d) of the Internal Revenue
			 Code of 1986 is amended by striking so much as precedes subparagraph (A) and
			 inserting the following:

						(1)In
				generalSubsection (a) shall
				not apply to wages paid by a qualified employer with respect to employment of
				any qualified individual during the 1-year period beginning with the date the
				individual’s employment with the employer began for services
				performed—
						.
				(2)Qualified
			 individualParagraph (3) of
			 section 3111(d) of such Code is amended—
					(A)by striking
			 subparagraphs (A) and (B) and inserting the following new subparagraphs:

							(A)begins employment with a qualified employer
				during the 2-year period beginning after the date of the enactment of the
				Unemployed Workers Hiring Act of
				2011,
							(B)certifies by
				signed affidavit, under penalties of perjury, that such individual on the day
				before the date the employee begins work for the employer was in receipt of
				unemployment compensation under State or Federal law or was unemployed and had
				exhausted the right to such unemployment
				compensation,
							,
				and
					(B)by striking
			 and at the end of subparagraph (C), by striking the period at
			 the end of subparagraph (D), and by adding at the end the following new
			 subparagraphs:

							(E)prior to the date the employment with the
				employer begins, has not been employed by the employer at any time, and
							(F)is employed on average at least 30 hours of
				service per
				week.
							.
					(3)RecaptureSubsection (d) of section 3111 of such Code
			 is amended by adding at the end the following new paragraph:

						(6)Recapture
							(A)In
				generalIn any case in which an individual ceases to be a
				qualified individual with respect to the employer during the 1-year period
				beginning with the date the individual’s employment with the employer began,
				the tax imposed under subsection (a) with respect to individuals in his employ
				shall be increased by the amount such tax was reduced with respect to such
				individual by reason of paragraph (1).
							(B)Due
				dateThe increase in tax under subparagraph (A) shall be paid
				over to the Secretary—
								(i)not later than 30
				days after the date such individual first ceases to be a qualified individual
				during such 1-year period, and
								(ii)in the same
				manner as deposits are made under section 6302 of taxes imposed on such
				employer under subsection (a) with respect to individuals in his
				employ.
								.
				(b)EmployeeSection
			 3101 of such Code is amended by adding at the end the following new
			 subsection:

					(d)Temporary
				exemption for newly hired unemployed individualsIn the case of a qualified individual (as
				defined in section 3111(d)(3)) of a qualified employer (as defined in section
				3111(d)(2)), subsection (a) shall not apply with respect to the wages of such
				individual with respect to employment with such employer during the 1-year
				period beginning with the date such employee began work for such
				employer.
					.
			(c)Application to
			 railroad retirement taxes
				(1)Employers
					(A)In
			 generalParagraph (1) of
			 section 3221(c) of such Code is amended to read as follows:

							(1)In
				generalIn the case of
				compensation paid by a qualified employer—
								(A)with respect to
				having a qualified individual in the employer’s employ for services rendered to
				such qualified employer, and
								(B)during the 1-year period beginning with the
				date any qualified individual’s employment with such employer began,
								the
				applicable percentage under subsection (a) shall be equal to the rate of tax in
				effect under section 3111(b) for the calendar
				year..
					(2)Qualified
			 individualParagraph (3) of
			 section 3221(c) of such Code is amended—
					(A)by striking
			 subparagraphs (A) and (B) and inserting the following new subparagraphs:

							(A)begins employment with a qualified employer
				during the 2-year period beginning after the date of the enactment of the
				Unemployed Workers Hiring Act of
				2011,
							(B)certifies by
				signed affidavit, under penalties of perjury, that such individual on the day
				before the date the employee begins work for the employer was in receipt of
				unemployment compensation under State or Federal law or was unemployed and had
				exhausted the right to such unemployment
				compensation,
							,
				and
					(B)by striking
			 and at the end of subparagraph (C), by striking the period at
			 the end of subparagraph (D), and by adding at the end the following new
			 subparagraphs:

							(E)prior to the date the employment with the
				employer begins, has not been employed by the employer at any time, and
							(F)is employed on average at least 30 hours of
				service per
				week.
							.
					(3)RecaptureSubsection
			 (c) of section 3221 of such Code is amended by adding at the end the following
			 new paragraph:

						(6)Recapture
							(A)In
				generalIn any case in which an individual ceases to be a
				qualified individual with respect to the employer during the 1-year period
				beginning with the date the individual’s employment with the employer began,
				the tax imposed under subsection (a) with respect to individuals in his employ
				shall be increased by the amount such tax was reduced with respect to such
				individual by reason of paragraph (1).
							(B)Due
				dateThe increase in tax under subparagraph (A) shall be paid
				over to the Secretary—
								(i)not later than 30
				days after the date such individual first ceases to be a qualified individual
				during such 1-year period, and
								(ii)in the same
				manner as deposits are made under section 6302 of taxes imposed on such
				employer under subsection (a) with respect to individuals in his
				employ.
								.
				(4)EmployeeSection
			 3201 of such Code is amended by redesignating subsection (c) as subsection (d)
			 and by inserting after subsection (b) the following new subsection:

						(c)Temporary
				exemption for newly hired unemployed individualsIn the case of a qualified individual (as
				defined in section 3221(c)(3)) employed by a qualified employer (as defined in
				section 3221(c)(2), the applicable percentage with respect to compensation
				received during the 1-year period beginning with the date such qualified
				individual’s employment with such employer began shall be equal to the rate of
				tax in effect under section 3101(b) for the calendar
				year.
						.
				(d)GuidanceThe Secretary of the Treasury shall provide
			 such guidance as is necessary or appropriate to carry out the purposes of the
			 amendments made by this section.
			(e)Transfers to
			 federal old-Age and survivors insurance trust fundThere
			 are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the
			 Federal Disability Insurance Trust Fund established under section 201 of the
			 Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues
			 to the Treasury by reason of the amendments made by subsections (a) and (b).
			 Amounts appropriated by the preceding sentence shall be transferred from the
			 general fund at such times and in such manner as to replicate to the extent
			 possible the transfers which would have occurred to such Trust Fund had such
			 amendments not been enacted.
			(f)Transfers to
			 social security equivalent benefit accountThere are hereby
			 appropriated to the Social Security Equivalent Benefit Account established
			 under section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C.
			 231n–1(a)) amounts equal to the reduction in revenues to the Treasury by reason
			 of the amendments made by subsection (c). Amounts appropriated by the preceding
			 sentence shall be transferred from the general fund at such times and in such
			 manner as to replicate to the extent possible the transfers which would have
			 occurred to such Account had such amendments not been enacted.
			(g)Effective
			 date
				(1)In
			 generalExcept as provided in
			 paragraph (2), the amendments made by this subsection shall apply to wages paid
			 after the date of the enactment of this Act.
				(2)Railroad
			 retirement taxesThe amendments made by subsection (c) shall
			 apply to compensation paid after the date of the enactment of this Act.


113 HR 1126 IH: Dwight D. Eisenhower Memorial Completion Act
U.S. House of Representatives
2013-03-13
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. 1126
IN THE HOUSE OF REPRESENTATIVES

March 13, 2013
Mr. Bishop of Utah introduced the following bill; which was referred to the Committee on Natural Resources

A BILL
To facilitate the completion of an appropriate national memorial to Dwight D. Eisenhower.

1.Short titleThis Act may be cited as the Dwight D. Eisenhower Memorial Completion Act.
2.Dwight D. Eisenhower Memorial
(a)AmendmentsSection 8162 of Public Law 106–79 (16 U.S.C. 431 note) is amended as follows:
(1)By redesignating subsections (f), (g), (h), (i), (j), (k), (l), and (m) as subsections (g), (h), (i), (j), (k), (l), (m), and (o), respectively.
(2)By inserting after subsection (e) the following:

(f)Terms of membersThe appointment of a member of the Commission shall be for a term of 4 years..
(3)In subsection (k), (as so redesignated by paragraph (2))—
(A)in paragraph (1), by striking appropriated or;
(B)in paragraph (2), by striking ; and and inserting a semicolon;
(C)in paragraph (3), by striking the period and inserting ; and; and
(D)by adding after paragraph (3) the following:

(4)ensure that a design is selected for the memorial as an alternative to any designs submitted or selected before the date of the enactment of this paragraph..
(4)By inserting after subsection (m), (as so redesignated by paragraph (2)), the following:

(n)Expiration of legislative authorityNotwithstanding section 8903(e) of title 40, United States Code, the legislative authority for the memorial shall expire 3 years after the date of the enactment of this subsection..
(5)By amending subsection (o), (as so redesignated by paragraph (2)), to read as follows:

(o)FundingNo Federal funds may be used to carry out this section. .
(b)Effective dateSubsection (f) of section 8162 of Public Law 106–79 (16 U.S.C. 431 note), as added by subsection (a) of this Act shall take effect as if enacted on the date of the enactment of Public Law 106–79.
(c)Commemorative Works Act RequirementsThe text under the heading Capital Construction in title III of division E of the Consolidated Appropriations Act, 2012 (40 U.S.C. 8903 note) is amended by striking expended: Provided, and all that follows through the final period and inserting expended..


		IV
		111th CONGRESS
		1st Session
		H. CON. RES. 28
		IN THE HOUSE OF REPRESENTATIVES

			January 27, 2009
			Ms. Harman (for
			 herself and Mr. Turner) submitted the
			 following concurrent resolution; which was referred to the
			 Committee on Armed
			 Services

		CONCURRENT RESOLUTION
		Expressing the sense of the Congress
		  regarding sexual assaults and rape in the military.

		Whereas since 2002, 66,342 female veterans reported being
			 raped, sexually assaulted, or experiencing another form of military sexual
			 trauma, constituting 20 percent of the women seen at VA facilities nationwide,
			 according to the Department of Veterans Affairs’ figures;
		Whereas 41 percent of female veterans treated at the West
			 Los Angeles VA Health Center reported being sexually assaulted while in the
			 military, and 29 percent reported being raped during their military
			 service;
		Whereas reported sexual assaults and rapes rose 73 percent
			 from 2004 to 2006, according to Department of Defense figures;
		Whereas 2,688 reports of sexual assaults were made in
			 fiscal year 2007, including 1,259 reports of rape, according to the Department
			 of Defense;
		Whereas the chain of command took no action in almost half
			 of the cases investigated claiming insufficient evidence and the majority of
			 the remainder were dealt with through nonjudicial punishment or administrative
			 action, which in most cases amounts to little more than a slap on the
			 wrist;
		Whereas only 181 of the 2,212—or 8 percent—subjects
			 investigated during fiscal year 2007 were referred to courts martial;
		Whereas civilian law enforcement authorities prosecute 40
			 percent of those arrested for rape, according to the United States Department
			 of Justice and Federal Bureau of Investigation statistics;
		Whereas the absence of aggressive prosecutions by the
			 military perpetuates a hostile environment and hinders a victim’s willingness
			 to report a sexual assault or rape;
		Whereas the military’s response was to create the Sexual
			 Assault Prevention and Response Office (SAPRO) in 2005, which serves as the
			 single point of accountability and oversight for the Department of Defense
			 sexual assault policy;
		Whereas SAPRO has improved reporting of sexual assault and
			 rape, but still does not track investigations or prosecutions of reported
			 cases; and
		Whereas sexual assault and rape are a threat to our
			 national security: Now, therefore, be it

		That it is the sense of the Congress that
			 the Secretary of Defense should develop a comprehensive strategy to increase
			 and encourage investigation and prosecution of sexual assault and rape cases in
			 the military that includes the following elements:
			(1)Require commanders to be held accountable
			 for sexual assaults and rapes that occur in their units and provide
			 justification for disposing of cases through non-judicial punishment and other
			 administrative actions.
			(2)Develop and enhance existing prevention and
			 response programs by using proven best-practice methods to create a culture
			 that prevents sexual assault and rape in the military and encourages more
			 reporting by victims.
			(3)Conduct more
			 aggressive oversight of existing prevention and response programs, analyze
			 trends, and establish performance metrics to ensure that such programs are
			 effective.
			(4)Require the
			 Secretary to review current training methods for all military investigations
			 and Judge Advocate staff, and implement any improvements that are
			 necessary.
			(5)Encourage communication and data sharing
			 between SAPRO and other military branches to enhance coordination and oversight
			 of sexual assault and rape cases as they move through the legal process.
			(6)Review the capacity of the legal
			 infrastructure in the military to investigate and prosecute effectively sexual
			 assault cases in the military.
			(7)Examine any additional barriers (such as
			 staff availability and adequate resources) on military bases and facilities in
			 the United States, abroad, and in theater to conduct effective investigation of
			 sexual assault and rape cases.
			(8)Review command
			 disposition of cases and identify whether further oversight is required to
			 ensure that cases reaching non-judicial ends are justified.
			(9)Classify a
			 military protection order as a standing military order to assure an
			 investigation has occurred and command has completely adjudicated allegations
			 before the order can be overturned.
			(10)Establish a
			 policy that mandates the notification of any military protective order issued
			 on base to local civilian law enforcement to provide the continuity of
			 protection of victims.
			(11)Ensure that once a servicemember has
			 notified her or his command that she or he has been sexually assaulted or
			 raped, the command affords the alleged victim an opportunity for a base
			 transfer should a military protection order be issued.


116 S3778 IS: State Elections Preparedness Act
U.S. Senate
2020-05-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3778IN THE SENATE OF THE UNITED STATESMay 20, 2020Mr. Bennet (for himself and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Rules and AdministrationA BILLTo permit the Election Assistance Commission to waive the matching requirement for payments made to States for election security grants under the Coronavirus Aid, Relief, and Economic Security Act.1.Short titleThis Act may be cited as the State Elections Preparedness Act. 2.Waiver of matching requirement for election security grants to States(a)In generalIn the case where the Election Assistance Commission (referred to in this section as the Commission) determines exigent circumstances related to the COVID–19 pandemic prevent a State from providing matching funds as described in the last proviso under the heading “Election Assistance Commission, Election Security Grants” in the Financial Services and General Government Appropriations Act, 2020 (Public Law 116–93; 133 Stat. 2461) (relating to the State matching funds requirement), the Commission may waive the application of such State matching funds requirement under such proviso with respect to any payment made to the State using funds appropriated or otherwise made available to the Commission under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136).(b)Effective dateSubsection (a) shall take effect as if included in the enactment of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136).


110 HJ 32 IH: Proposing an amendment to the Constitution of the United States respecting the right to decent, safe, sanitary, and affordable housing.
U.S. House of Representatives
2007-02-13
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.

IA
110th CONGRESS
1st Session
H. J. RES. 32
IN THE HOUSE OF REPRESENTATIVES

February 13, 2007
Mr. Jackson of Illinois introduced the following joint resolution; which was referred to the Committee on the Judiciary

JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States respecting the right to decent, safe, sanitary, and affordable housing.

That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:
  —
1.All persons shall have a right to decent, safe, sanitary, and affordable housing, which right shall not be denied or abridged by the United States or any State.
2.The Congress shall have power to enforce and implement this article by appropriate legislation. .


		II
		110th CONGRESS
		2d Session
		S. 3020
		IN THE SENATE OF THE UNITED STATES

			May 15, 2008
			Mrs. Boxer introduced
			 the following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Federal Food, Drug, and Cosmetic Act with
		  respect to the postmarket surveillance of devices.

		1.Short
			 titleThis Act may be cited as
			 the Food and Drug Administration
			 Accountability and Transparency Act.
		2.Postmarket
			 surveillance of devices
			(a)Availability of
			 postmarket surveillance plansSection 522 of the Federal Food,
			 Drug, and Cosmetic Act (21 U.S.C. 360l) is amended by adding at the end the
			 following:

					(c)Availability of
				plans
						(1)In
				generalSubject to paragraph (2), the Secretary shall publish in
				the Federal Register, and make available to interested persons upon request, a
				plan (and any amendments to such plan) submitted to the Secretary under
				subsection (b).
						(2)LimitationThe
				Secretary shall not disclose information under paragraph (1) that is exempted
				from disclosure under section 552 of title 5, United States Code (popularly
				known as the Freedom of Information
				Act).
						.
			(b)Increased civil
			 penalties for failure To comply with postmarket surveillance plan
				(1)In
			 generalSection 303(f) of the Federal Food, Drug, and Cosmetic
			 Act (21 U.S.C. 333(f)) is amended—
					(A)by redesignating
			 paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively;
			 and
					(B)by inserting
			 after paragraph (4) the following:

							(5)(A)Any manufacturer that
				fails to comply with a requirement of section 522, including a requirement of a
				required surveillance plan under such section, shall be subject to a civil
				monetary penalty of—
									(i)not more than $250,000 per violation,
				and not to exceed $1,000,000 for all such violations adjudicated in a single
				proceeding; or
									(ii)in the case of a violation that
				continues after the Secretary provides written notice to the manufacturer, the
				manufacturer shall be subject to a civil monetary penalty of $250,000 for the
				first 30-day period (or any portion thereof) that the manufacturer continues to
				be in violation, and such amount shall double for every 30-day period
				thereafter that the violation continues, not to exceed $1,000,000 for any
				30-day period, and not to exceed $10,000,000 for all such violations
				adjudicated in a single proceeding.
									(B)In determining the amount of a civil
				penalty under subparagraph (A)(ii), the Secretary shall take into consideration
				whether the manufacturer is making efforts toward correcting the violation of
				the requirement for which the manufacturer is subject to such civil
				penalty.
								.
					(2)Conforming
			 amendmentsSection 303(f) of the Federal Food, Drug, and Cosmetic
			 Act (21 U.S.C. 333(f)) is amended—
					(A)in paragraph (6),
			 as so redesignated, by striking , or (4) each place it appears
			 and inserting (4), or (5);
					(B)in paragraph (7),
			 as so redesignated, by striking (5)(A) and inserting
			 (6)(A); and
					(C)in paragraph (8),
			 as so redesignated, by striking paragraph (6) each place it
			 appears and inserting paragraph (7).
					3.NotificationsSection 518(a)(1) of the Federal Food, Drug,
			 and Cosmetic Act (21 U.S.C. 360h(a)(1)) is amended by inserting or that
			 a violation of section 522 by the manufacturer of a device presents an
			 unreasonable risk of substantial harm to the public health after
			 public health.
		4.Effective date;
			 applicabilityThe amendments
			 made by this Act—
			(1)shall take effect
			 180 days after the date of enactment of this Act; and
			(2)shall apply to a
			 class II or class III device approved or cleared by the Secretary of Health and
			 Human Services under chapter V of the Federal Food, Drug, and Cosmetic Act (21
			 U.S.C. 351 et seq.) before, on, or after the date of enactment of this
			 Act.


116 S2881 IS: 5G Spectrum Act of 2019
U.S. Senate
2019-11-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 2881IN THE SENATE OF THE UNITED STATESNovember 18, 2019Mr. Wicker (for himself and Mr. Thune) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo require the Federal Communications Commission to make not less than 280 megahertz of spectrum
			 available for terrestrial use, and for other purposes.

 1.Short titleThis Act may be cited as the 5G Spectrum Act of 2019. 2.DefinitionsIn this Act:
 (1)CommissionThe term Commission means the Federal Communications Commission. (2)Covered bandThe term covered band means the band of frequencies between 3700 megahertz and 4200 megahertz, inclusive.
 (3)Gross proceedsThe term gross proceeds means cash proceeds before compensation or relocation (as described in section 3(b)). 3.Making 280 megahertz available (a)AuctionNot later than December 31, 2020, the Commission shall initiate a system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), without regard to paragraph (15) of that section, to make available for terrestrial use not less than 280 megahertz of spectrum, exclusive of guard bands, from the covered band.
 (b)RecoveryNot later than December 31, 2022, the Commission shall recover the gross proceeds attributable to the auction conducted under subsection (a), less the cost of—
 (1)relocation of incumbent licensed or registered receive-only earth station operators operating in the covered band; and
 (2)relocation and compensation of— (A)licensees of spectrum in the covered band; or
 (B)grantees of market access rights in the contiguous United States to spectrum in the covered band. (c)Treatment of revenuesNotwithstanding section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)), of the gross proceeds attributable to the auction conducted under subsection (a) of this section, the Commission—
 (1)shall deposit not less than 50 percent in the Treasury in accordance with chapter 33 of title 31, United States Code; and
 (2)notwithstanding section 3302 of title 31, United States Code, may transfer a portion of the gross proceeds remaining after compliance with paragraph (1) of this subsection to licensees or grantees of market access rights that relinquish their rights to use spectrum in the covered band for purposes of subsection (a) of this section.