		I
		112th CONGRESS
		2d Session
		H. R. 6092
		IN THE HOUSE OF REPRESENTATIVES

			July 10, 2012
			Ms. DeGette
			 introduced the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform

		A BILL
		To implement updated pay and personnel policies in order
		  to improve the recruitment and retention of qualified Federal wildland
		  firefighters and to reduce the Federal Government’s reliance on the more costly
		  services of non-Federal wildfire resources.

		1.Short title; table of
			 contentsThis Act may be cited
			 as the Wildland Firefighters Health
			 Protection Act.
		2.DefinitionsFor the purposes of this Act—
			(1)the term
			 wildland firefighter means an employee of a Federal land
			 management agency, the duties of whose position are primarily to perform work
			 directly related to the prevention, control, suppression, and management of
			 wildfires, including—
				(A)an employee of a
			 Federal land management agency who is assigned to support wildland fire
			 suppression activities; and
				(B)an employee who is
			 transferred to a supervisory or administrative position from a position of
			 wildland firefighter (as defined by the preceding provisions of this
			 paragraph);
				(2)the term
			 Federal land management agency means—
				(A)within the
			 Department of the Interior, the Bureau of Land Management, the Bureau of Indian
			 Affairs, the National Park Service, and the Fish and Wildlife Service;
			 and
				(B)within the
			 Department of Agriculture, the Forest Service; and
				(3)the term
			 employee has the meaning given such term by section 2105 of title
			 5, United States Code.
			3.Classification of
			 wildland firefighters
			(a)Requirements
				(1)In
			 generalWithin 30 days after the date of the enactment of this
			 Act, the Office of Personnel Management, in cooperation with the Federal land
			 management agencies, shall commence development of a separate and distinct
			 wildland firefighter occupational series that will more accurately reflect the
			 variety of duties performed by wildland firefighters.
				(2)DesignationThe
			 official title assigned to any occupational series established pursuant to
			 paragraph (1) shall include the designation of Wildland
			 Firefighter.
				(3)Positions
			 describedParagraph (1) applies with respect to any class or
			 other category of positions that consists primarily or exclusively of forestry
			 technician positions, range technician positions, or any other positions the
			 duties and responsibilities of which include—
					(A)significant
			 wildfire preparedness and suppression activities; or
					(B)activities
			 necessary to meet any other emergency incident to which assigned.
					(4)ConsultationCongress
			 encourages the Office of Personnel Management to consult with recognized
			 employee organizations, employee associations, and any other groups that
			 represent Federal wildland firefighters in carrying out this subsection.
				(b)Hazardous duty
			 differential not affectedSection 5545(d)(1) of title 5, United
			 States Code, is amended by striking all after except and
			 inserting an em dash and the following:

					(A)an employee in an
				occupational series covering positions for which the primary duties are
				wildland firefighting, as determined by the Office; and
					(B)in such other
				circumstances as the Office may by regulation prescribe;
				and
					.
			(c)Employees
			 currently in 401 seriesAny
			 individual who, as of the date of the enactment of this Act, holds a position
			 of wildland firefighter shall have the option of either remaining in the 401
			 series (as in effect on such date under chapter 51 of title 5, United States
			 Code) or being included in the new wildland firefighter series, as established
			 pursuant to subsection (a).
			4.Pay and
			 benefits
			(a)In
			 GeneralIn the case of a
			 wildland firefighter, for full-time, part-time, and intermittent tours of duty,
			 hours of work officially ordered or approved in excess of 40 hours per week or
			 8 hours per day shall be considered overtime work, inclusive of all time the
			 firefighter is away from their official duty station assigned to an emergency
			 incident, in support of an emergency incident, or pre-positioned for emergency
			 response, and shall be compensable as work time in accordance with section
			 5542(a) of title 5, United States Code, as amended by subsection (b)(1).
			(b)Requirements
				(1)Amendment to
			 title 5Section 5542(a) of title 5, United States Code, is
			 amended by adding at the end (as a flush left sentence) the following:

						Notwithstanding paragraphs (1) and
				(2), for a wildland firefighter assigned to an emergency incident, assigned in
				support of an emergency incident, or pre-positioned for emergency response, the
				overtime hourly rate of pay is an amount equal to one and one-half times the
				hourly rate of the basic pay of the employee, and that entire amount is premium
				pay..
				(2)Fair Labor
			 Standards Act of 1938For the purpose of applying the provisions
			 of the Fair Labor Standards Act of 1938 (29 U.S.C. 201, et seq.) with respect
			 to wildland firefighters, no violation referred to in such provisions shall be
			 considered to have occurred if the requirements described in paragraph (1) are
			 met.
				(c)Portal-to-Portal
			 compensation pilot program
				(1)FundingThere
			 is authorized to be appropriated $25,000,000 to initiate a portal-to-portal
			 pilot program under this subsection, commencing with the 2013 wildfire season.
			 Any sums required in addition to amounts appropriated pursuant to the preceding
			 sentence may be secured from the existing wildfire suppression budget for the
			 fiscal year in which the season occurs.
				(2)DurationThe
			 pilot program shall be carried out by the Department of the Interior and the
			 Department of Agriculture for a period not to exceed 3 calendar years beginning
			 as of the start of the 2013 wildfire season.
				(3)ReportNo
			 later than 90 days after the completion of the pilot program, the Secretary of
			 the Interior and the Secretary of Agriculture shall submit to Congress a joint
			 report on the effectiveness of the pilot program. Such report shall address the
			 effect of the program with respect to—
					(A)recruitment and
			 retention of wildland firefighters; and
					(B)any cost
			 savings.
					(4)Additional
			 requirementsTo ensure adequate funding and to realize maximum
			 wildfire suppression savings, the Secretary of the Interior and the Secretary
			 of Agriculture shall take appropriate measures to ensure that total funding for
			 non-Federal fire suppression personnel and other resources, by their respective
			 Departments—
					(A)for the first year
			 of the pilot program, do not exceed 90 percent of their combined non-Federal
			 fire suppression costs for the 2011 and 2012 wildfire seasons;
					(B)for the second
			 year of the pilot program, do not exceed 75 percent of their combined
			 non-Federal fire suppression costs for the 2011 and 2012 wildfire seasons;
			 and
					(C)for the third year
			 of the pilot program, do not exceed 65 percent of their combined non-Federal
			 fire suppression costs for the 2011 and 2012 wildfire seasons.
					(d)Hazardous duty
			 differential To be treated as part of a wildland firefighter’s base pay for
			 retirement purposes
				(1)In
			 generalSection 8331(3) of title 5, United States Code is
			 amended—
					(A)in subparagraph
			 (G), by striking and at the end;
					(B)in subparagraph
			 (H), by inserting and at the end; and
					(C)by adding after
			 subparagraph (H) the following:

							(I)with respect to a
				wildland firefighter (as defined by section 2 of the
				Wildland Firefighters Health Protection
				Act), any pay differential received under section
				5545(d);
							.
					(2)Conforming
			 amendmentSuch section 8331(3) is further amended, in the matter
			 following subparagraph (I) (as added by paragraph (1)(C)), by striking
			 subparagraphs (B) through (H) of this paragraph and inserting
			 subparagraphs (B) through (I),.
				(e)Hazardous duty
			 differential
				(1)In
			 generalIn the administration
			 of section 5545(d) of title 5, United States Code, the Office of Personnel
			 Management shall take such measures as may be necessary to ensure that, under
			 the schedule or schedules of pay differentials for duty involving unusual
			 physical hardship or hazard, a pay differential of 25 percent shall be payable
			 to an individual while serving as a member of a wildland firefighting
			 crew.
				(2)DefinitionFor purposes of this subsection, the term
			 wildland firefighting crew includes ground (hand crew, hotshot,
			 engine, and other fire apparatus personnel) and airborne (smoke jumper or
			 helitack) firefighting personnel on the fire line of any wildfire or prescribed
			 fuel treatment burn or fire, as further defined in regulations of the Office of
			 Personnel Management.
				(f)Benefits for
			 seasonal wildland firefighters
				(1)Provisions
			 relating to life insuranceSection 8716(b) of title 5, United States
			 Code, is amended—
					(A)in paragraph (2),
			 by striking or at the end;
					(B)in paragraph (3),
			 by striking the period at the end and inserting ; or; and
					(C)by adding after
			 paragraph (3) the following:

							(4)a wildland firefighter within the meaning
				of section 2 of the Wildland Firefighters
				Health Protection
				Act.
							.
					(2)Provisions
			 relating to health benefitsSection 8913(b) of title 5, United States
			 Code, is amended—
					(A)in paragraph (3),
			 by striking or at the end;
					(B)in paragraph (4),
			 by striking the period at the end and inserting ; or; and
					(C)by adding after
			 paragraph (4) the following:

							(5)a wildland firefighter within the meaning
				of section 2 of the Wildland Firefighters
				Health Protection
				Act.
							.
					(g)Buy back of
			 civilian time after 1989
				(1)In
			 generalAny individual who is
			 subject to the Federal Employees’ Retirement System as a firefighter (within
			 the meaning of section 8401 of title 5, United States Code) on the date of the
			 enactment of this Act shall be entitled to have any qualifying firefighter
			 service treated as creditable service under section 8411 of such title.
				(2)Qualifying
			 firefighter serviceFor purposes of this subsection, the term
			 qualifying firefighter service means, in connection with an
			 individual, any service—
					(A)which was performed by such individual, as
			 a wildland firefighter, after 1989 and before the date of the enactment of this
			 Act; and
					(B)for which such
			 individual was not allowed to receive retirement credit by reason of section
			 8347(g) or 8402(c) of such title 5.
					(3)Deposit
			 requirementCredit for a period of service may not be given under
			 this subsection unless the individual involved makes a deposit, in such manner
			 as the Office of Personnel Management may by regulation require, equal to the
			 employee contributions that would have been required (in the case of a
			 firefighter) for such period under section 8334(c) or 8422(a) of such title 5,
			 with interest.
				(4)CertificationThe
			 Office of Personnel Management shall accept the certification of the Secretary
			 of the Interior or the Secretary of Agriculture, as the case may be, concerning
			 whether an individual performed qualifying firefighter service and the length
			 of the period of such service the individual performed.


113 HR 4612 IH: Higher Education Reform and Opportunity Act of 2014
U.S. House of Representatives
2014-05-08
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.

I
113th CONGRESS
2d Session
H. R. 4612
IN THE HOUSE OF REPRESENTATIVES

May 8, 2014
Mr. DeSantis (for himself, Mr. Salmon, Mr. Posey, and Mr. Bentivolio) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL
To amend the eligibility requirements for funding under title IV of the Higher Education Act of 1965.

1.Short titleThis Act may be cited as the Higher Education Reform and Opportunity Act of 2014.
2.Amendments to the Higher Education Act
(a)Definition of Institution of Higher EducationSection 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)) is amended—
(1)by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively;
(2)in paragraph (1), in the matter preceding subparagraph (A), by striking Subject to paragraphs (2) through (4) and inserting Subject to paragraphs (2) through (5);
(3)in paragraph (1)—
(A)by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(B)by inserting after subparagraph (A) the following:

(B)if accredited by an authorized accreditation authority in a State that has an alternative accreditation agreement with the Secretary, as described in paragraph (5)—
(i)an institution that provides postsecondary education;
(ii)a postsecondary apprenticeship program; or
(iii)a postsecondary education course or program provided by an institution of postsecondary education, a nonprofit organization, or a for-profit organization or business;; and
(4)by inserting after paragraph (4), the following:

(5)State alternative accreditation
(A)In GeneralNotwithstanding any other provision of law, a State may establish an alternative accreditation system for the purpose of establishing institutions that provide postsecondary education and postsecondary education courses or programs as eligible for funding under title IV if the State enters into an agreement with the Secretary for the establishment of the alternative accreditation system. Such institutions, courses, or programs may include—
(i)institutions that provide postsecondary education;
(ii)postsecondary apprenticeship programs;
(iii)any other postsecondary education course or program offered at an institution of postsecondary education, a nonprofit organization, or a for-profit organization or business; and
(iv)any of the entities described in clauses (i) through (iii) that do not award a postsecondary certification, credential, or degree, provided that such entity provides credit that will apply toward a postsecondary certification, credential, or degree.
(B)Alternative accreditation agreementThe alternative accreditation agreement described in subparagraph (A) shall include the following:
(i)The designation of one or more authorized accrediting entities within the State, such as the State Department of Education, another State agency, an industry-specific accrediting agency, or another entity, and an explanation of the process through which the State will select such authorized accrediting entities.
(ii)The standards or criteria that an institution that provides postsecondary education and a postsecondary education course or program must meet in order to—
(I)receive an initial accreditation as part of the alternative accreditation system; and
(II)maintain such accreditation.
(iii)A description of the appeals process through which an institution that provides postsecondary education and a postsecondary education course or program may appeal to an authorized accrediting entity if such institution, course, or program is denied accreditation under the State alternative accreditation system.
(iv)Each authorized accrediting entity's policy regarding the transfer of credits between institutions that provide postsecondary education and postsecondary education courses or programs within the State that are accredited as part of the alternative accreditation system.
(v)The Secretary's reporting requirements for the State regarding the State alternative accreditation system, including—
(I)the contents of reports that must be submitted to the Secretary, which may include information such as—
(aa)in the case of a postsecondary education course or program that is accredited through the State alternative accreditation system—
(AA)the number and percentage of students who successfully complete each such postsecondary education course or program; and
(BB)the number and percentage of students who successfully obtain a postsecondary certification, credential, or degree using credit obtained from each such postsecondary education course or program; and
(bb)in the case of an institution that provides postsecondary education that is accredited through the State alternative accreditation system—
(AA)the number and percentage of students who successfully obtain a postsecondary certification, credential, or degree from such institution; and
(BB)the number and percentage of students who do not successfully obtain a postsecondary certification, credential, or degree from such institution but do obtain credit from such institution toward a postsecondary degree, credential, or certification;
(II)the frequency with which such reports must be submitted to the Secretary; and
(III)any requirements for third party verification of information contained in such reports.
(vi)The State policy regarding public accessibility to certain information relating to institutions that provide postsecondary education and postsecondary education courses and programs accredited under the State alternative accreditation system, including—
(I)the information described in subclause (I) of clause (v); and
(II)information about the rates of job placement for individuals that have graduated from an institution or completed a course or program that is accredited under the State alternative accreditation system.
(vii)An assurance by the State that under the State alternative accreditation system, only institutions that provide postsecondary education and postsecondary education courses or programs that provide credits toward a postsecondary certification, credential, or degree (as defined by the State in accordance with clause (viii)) will be accredited.
(viii)The State's definition of a postsecondary certification, credential, or degree, as such term applies to the requirement described in clause (vii).
(ix)A description of the agreements that the State will enter into with institutions that provide postsecondary education and postsecondary education courses or programs that are accredited under the alternative accreditation system to enable such institutions, courses, or programs to be eligible under a program authorized under title IV, for participation in the direct student loan program, and for the origination of loans under part D of title IV, and how such agreements will operate in lieu of the agreements described in sections 487 and 454.
(x)A description of how the State will select institutions that provide postsecondary education and postsecondary education courses or programs that are accredited under the alternative accreditation system, in lieu of the selection process described in section 453, for—
(I)participation in the direct student loan program under part D of title IV; and
(II)approval allowing such institution, program, or course to originate direct loans under part D of title IV.
(xi)A description of how the State will administer title IV funds for institutions that provide postsecondary education, postsecondary apprenticeship programs, and postsecondary education courses or programs provided by an institution of postsecondary education, a nonprofit organization, or a for-profit organization or business that are accredited through the alternative accreditation system.
(C)Administrative Costs for Pell Grant Students
(i)Pell Grants administered by entitiesIn the case of an institution that provides postsecondary education, a postsecondary apprenticeship program, or an entity that provides a postsecondary education course or program that is accredited through the alternative accreditation system and that will administer the Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grants in accordance with the agreement described in subparagraph (B)(xi), the Secretary shall, in lieu of carrying out section 690.10 of title 34, Code of Federal Regulations, and subject to available appropriations, pay $5.00 to the institution, apprenticeship program, or entity, as the case may be, for each student who receives a Federal Pell Grant at that institution, apprenticeship program, or entity for an award year.
(ii)Pell Grants administered by StatesIn the case of an institution that provides postsecondary education, a postsecondary apprenticeship program, or an entity that provides a postsecondary education course or program that is accredited through the alternative accreditation system and will not administer the Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grants, but will have such programs administered by the State in accordance with the agreement described in subparagraph (B)(xi), the Secretary shall, in lieu of carrying out section 690.10 of title 34, Code of Federal Regulations, and subject to available appropriations, pay $5.00 to the State for each student who receives a Federal Pell Grant at that institution, apprenticeship program, or entity, as the case may be, for an award year.
(iii)Use of FundsAll funds that an institution, apprenticeship program, entity, or the State receives under this subparagraph shall be used solely to pay the cost of—
(I)administering the Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grants; and
(II)carrying out the reporting requirements described under subparagraph (B)(v).
(iv)Financial aid servicesIf an institution, apprenticeship program, or entity described in this subparagraph enrolls a significant number of students who are attending less-than-full-time or are independent students, such institution, apprenticeship program, entity, or the State, as the case may be, shall use a reasonable proportion of the funds provided under this subparagraph to make financial aid services available during times and in places that will most effectively accommodate the needs of those students..
(b)Title IV eligibility requirementsPart G of title IV of the Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by adding at the end the following:

493E.State Accredited Institutions, Programs, or CoursesNotwithstanding any other provision of law, an institution, program, or course that is eligible for funds under this title in accordance with section 102(a)(1)(B) and meets the requirements of section 102(a)(5) shall not be required to meet any other requirements of this title. For purposes of this title, such an institution, program, or course shall be deemed to be an eligible institution that meets the requirements of section 487..


113 HRES 479 IH: Recognizing the 20th anniversary of the Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.
U.S. House of Representatives
2014-02-11
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.

		IV
		113th CONGRESS
		2d Session
		H. RES. 479
		IN THE HOUSE OF REPRESENTATIVES

			February 11, 2014
			Mr. Ellison (for himself, Mr. Grijalva, Ms. Hahn, Ms. Lee of California, Mr. Moran, Ms. Schakowsky, Mr. Holt, Mrs. Christensen, Ms. Chu, Mr. Honda, Mr. Lewis, Mr. Nadler, Ms. Clarke of New York, Ms. Jackson Lee, Ms. McCollum, Mr. Quigley, Ms. Norton, and Mr. Cleaver) submitted the following resolution; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		RESOLUTION
		Recognizing the 20th anniversary of the Executive Order 12898, Federal Actions to Address
			 Environmental Justice in Minority Populations and Low-Income Populations.

		Whereas February 11, 2014, marks the 20th anniversary of Executive Order 12898, Federal Actions to
			 Address Environmental Justice in Minority Populations and Low-Income
			 Populations;
		Whereas environmental justice is defined as the fair treatment and meaningful involvement of all people regardless of race, color, national origin,
			 or income with respect to the development, implementation, and enforcement
			 of environmental laws, regulations, and policies;
		Whereas environmental justice means that all citizens should have the right and opportunity to
			 participate in decisions and policymaking that affects their health;
		Whereas environmental justice is characterized by the promotion of unprejudiced treatment of all
			 cultures, socioeconomic statuses, and races, with respect to the
			 advancement of environmental policies, regulations, and law;
		Whereas the environmental justice movement is an extension of the civil rights movement, and draws
			 particular attention to the environmental health dangers affecting
			 communities, families, and individuals;
		Whereas environmental justice groups work to create public policy that is ethical, secure the
			 strict enforcement of laws for environmental protection, and guarantee the
			 right of all workers to a safe and healthy work environment;
		Whereas environmental justice communities fight to ensure the right to participate as equal
			 partners at every level of decisionmaking, and promote the education of
			 present and future generations to ensure the health of the natural world;
		Whereas community-based organizations and grassroots advocates have distinguished themselves in the
			 endeavor for civil rights, sometimes risking their health and sacrificing
			 their lives to seek justice;
		Whereas the protest against the siting of a chemical landfill in Warren County, North Carolina, led
			 by local community leaders and national civil rights groups, birthed the
			 term environmental racism and brought national attention to the environmental justice movement;
		Whereas the First National People of Color Environmental Leadership Summit in 1991 drafted and
			 adopted 17 environmental justice principles, which served as a defining
			 document for the grassroots environmental justice movement;
		Whereas the Congressional Black Caucus promoted the formation of the Environmental Protection
			 Agency’s (EPA) Environmental Equity Workgroup in 1992 to investigate
			 concerns that minority and low-income populations were inadequately
			 protected by the Nation’s environmental laws, leading to the creation of
			 the EPA’s Office of Environmental Justice in 1992;
		Whereas on February 11, 1994, President William J. Clinton declared that each Federal agency shall
			 make achieving environmental justice part of its mission;
		Whereas the Executive order instructs each Federal agency to determine the injurious effects of its
			 actions on minority and low-income communities, and devote attention to
			 resolving these issues;
		Whereas the aim of the environmental justice Executive order is to increase access to public
			 information and participation for minority and low-income populations, and
			 encourage nondiscrimination in Federal programs that impact the
			 environment and human health;
		Whereas responsible environmental health policies and practices are critical to improving the lives
			 of those who live in low-income communities and communities of color
			 throughout the United States and the world;
		Whereas inequities in environmental protection based on race and income status are recognized
			 across the United States;
		Whereas research has shown that income and race are directly correlated to greater exposure to
			 pollution, closer proximity to toxic pollution sources, and greater health
			 impacts from particulate matter air pollution;
		Whereas African-Americans, Hispanics, and Asians are exposed to greater air toxics concentrations
			 than Whites in every metropolitan city in the United States;
		Whereas communities with a higher percentage of low-income citizens bear a disproportionate level
			 of society’s environmental burdens;
		Whereas race, independent of poverty, is a predictor of greater exposure to environmental toxics;
		Whereas minority, low-income, and tribal communities are more exposed to air pollution from
			 highways, power plants, incinerators, landfills, waste sites, and vehicle
			 depots in these communities;
		Whereas 68 percent of African-Americans and 39 percent of Latinos live within 30 miles of a coal
			 plant;
		Whereas tribal communities are disproportionately exposed to pollution and health burdens across
			 the United States due to siting of pollution sources, cultural activities,
			 and legal gaps in the regulatory framework;
		Whereas environmental mitigation in tribal communities is behind that of nontribal communities in
			 the United States;
		Whereas inner-city, low-income, and minority children have the highest asthma rates and subsequent
			 asthma-related death rates resulting from greater exposure to indoor and
			 outdoor air pollutants;
		Whereas cumulative effects such as substandard housing and inadequate health care can increase
			 vulnerability to pollution;
		Whereas climate change is one of the biggest public health threats of this century,
			 disproportionately impacting communities less able to recover from extreme
			 weather events that are caused and exacerbated by climate change;
		Whereas low-income communities, tribal communities, and communities of color have greater climate
			 vulnerability due in part to lack of health care, dependence on public
			 transportation and other public services, higher energy costs,
			 less-than-adequate protection from severe weather, and higher insurance
			 costs;
		Whereas risk factors for heat-related deaths are higher for people with low incomes and people of
			 color, and climate change will lead to an increase in frequency and
			 intensity of heat waves, and a stronger heat island effect; and
		Whereas reducing greenhouse gas emissions and building climate resiliency in low-income, minority,
			 and tribal communities can create economic stability through good jobs in
			 clean energy, energy efficiency, and green infrastructure industries: Now,
			 therefore, be it

		That the House of Representatives—
			(1)commemorates the achievements of the environmental justice movement over the last 20 years,
			 including—
				(A)the institution of an environmental justice law, Executive order, or policy by the 50 States and
			 the District of Columbia;
				(B)the reinstatement of the Federal Interagency Working Group, Federal agency strategic plans, and
			 Plan EJ 2014;
				(C)the growth in the number of publications, research, and university-based environmental justice
			 centers, legal clinics, and academic programs; and
				(D)the over 3,000 groups and a dozen networks of community-based organizations that have formed;
				(2)affirms that Congress should uphold the principles of environmental and climate justice by—
				(A)recognizing that legislation passed by Congress has foreseeable and unforeseeable effects on the
			 existing disparities between communities of differing socioeconomic
			 statuses and racial composition;
				(B)committing to policies and practices that protect the health, economic vitality, and human and
			 civil rights of low-income, tribal, and minority communities; and
				(C)creating policies that proactively address climate vulnerabilities and promote resiliency in
			 low-income, tribal, and minority communities; and
				(3)urges the President to—
				(A)explicitly address environmental justice issues in his climate change initiatives;
				(B)commit to focusing on greater oversight and supporting Federal agency advancement of environmental
			 justice; and
				(C)work with tribal leaders and communities to address their unique environmental justice concerns.


109 HR 6390 IH: Parents’ Empowerment Act
U.S. House of Representatives
2006-12-06
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
109th CONGRESS 2d Session
H. R. 6390
IN THE HOUSE OF REPRESENTATIVES

December 6, 2006
Mr. Hunter introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To provide a civil action for a minor injured by exposure to an entertainment product containing material that is harmful to minors, and for other purposes.

1.Short titleThis Act may be cited as the Parents’ Empowerment Act.
2.Civil action for a minor injured by exposure to an entertainment product containing material that is harmful to minors
(a)Civil actionA minor, through a person acting on behalf of the minor in accordance with Rule 17(c) of the Federal Rules of Civil Procedure to the extent applicable, may, in a civil action in an appropriate district court of the United States, obtain relief under subsection (b) against any person who knowingly sells or distributes in interstate or foreign commerce an entertainment product containing material that is harmful to minors, if—
(1)a reasonable person would expect a substantial number of minors to be exposed to the material; and
(2)the minor as a result of exposure to that material is likely to suffer personal or emotional injury or injury to mental or moral welfare.
(b)ReliefIn an action under subsection (a), if the minor is the prevailing party—
(1)the minor shall recover compensatory damages of not less than $10,000 for each instance of any such material in any such product to which such minor was so exposed;
(2)the minor may recover punitive damages;
(3)the court, in its discretion, may allow the minor a reasonable attorney’s fee (including expert fees) as part of the costs; and
(4)the court may order any other appropriate relief.
(c)Affirmative defenseIt is an affirmative defense to an action under this section that a parent or guardian of the minor owned or possessed the entertainment product containing the material to which the minor was exposed, and an act of that parent or guardian was the proximate cause of the minor’s exposure to that material.
(d)DefinitionsFor purposes of this section:
(1)The term entertainment product means a picture, photograph, image, graphic image file, drawing, video game, motion picture film, or similar visual representation or image, book, pamphlet, magazine, printed matter, or sound recording.
(2)The term material that is harmful to minors means any pornographic communication, picture, image, graphic image file, article, recording, writing, or other pornographic matter of any kind that is obscene or that—
(A)the average person, applying the contemporary standards of the adult community in which the minor resides with respect to what is suitable for minors, would find, taking the material as a whole and with respect to minors of the ages that the person reasonably would expect to be exposed to the material—
(i)is designed to appeal to, or is designed to pander to, the prurient interest in nudity, sex, or excretion, with respect to minors; and
(ii)depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and
(B)a reasonable person would find, taken as a whole, lacks serious literary, artistic, political, and scientific value for minors sufficient to overcome the pernicious effect of that material.
(3)The term minor means an individual under the age of 18.
(e)SeverabilityIf any provision of this section or any application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application of the provision to any other person or circumstance shall not be affected.


		I
		111th CONGRESS
		1st Session
		H. R. 2223
		IN THE HOUSE OF REPRESENTATIVES

			April 30, 2009
			Mr. Sestak (for
			 himself, Mr. Ehlers,
			 Ms. Kilpatrick of Michigan,
			 Mr. Courtney,
			 Mrs. Tauscher, and
			 Mr. Upton) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To provide for nationwide expansion of the pilot program
		  for national and State background checks on direct patient access employees of
		  long-term care facilities or providers.

		1.Short titleThis Act may be cited as the
			 Patient Safety and Abuse Prevention
			 Act.
		2.Findings and
			 purposes
			(a)FindingsCongress
			 makes the following findings:
				(1)Frail elders are a
			 highly vulnerable population who often lack the ability to give consent or
			 defend themselves. Since the best predictor of future behavior is past
			 behavior, individuals with histories of abuse pose a definite risk to patients
			 and residents of long-term care facilities.
				(2)Every month, there
			 are stories in the media of health care employees who commit criminal
			 misconduct on the job and are later found, through a background check conducted
			 after the fact, to have a history of convictions for similar crimes.
				(3)A
			 2006 study conducted by the Department of Health and Human Services determined
			 that—
					(A)criminal
			 background checks are a valuable tool for employers during the hiring
			 process;
					(B)the use of
			 criminal background checks during the hiring process does not limit the pool of
			 potential job applicants;
					(C)a correlation
			 exists between criminal history and incidences of abuse; and
					(D)the long-term care
			 industry supports the practice of conducting background checks on potential
			 employees in order to reduce the likelihood of hiring someone who has the
			 potential to harm residents of long-term care facilities.
					(4)A
			 national survey of State Adult Protective Services agencies identified more
			 than 500,000 reports of elder and vulnerable adult abuse in 2004, and a
			 national report concluded that more than 15,000 nursing home complaints
			 involved abuse, including nearly 4,000 complaints of physical abuse, more than
			 800 complaints of sexual abuse, and nearly 1,000 complaints of financial
			 exploitation.
				(5)The Department of
			 Health and Human Services has determined that, while 41 States now require
			 criminal background checks on certified nurse aides prior to employment, only
			 half of those require criminal background checks at the Federal level.
				(b)PurposesThe
			 purposes of this Act are to—
				(1)lay the foundation
			 for a coordinated, nationwide system of comprehensive State registry and
			 criminal background checks that would greatly enhance the chances of
			 identifying individuals with problematic backgrounds who change jobs frequently
			 and move across State lines to avoid detection;
				(2)stop individuals
			 who have a record of substantiated abuse, or a serious criminal record, from
			 preying on helpless elders and individuals with disabilities; and
				(3)provide assurance
			 to long-term care employers and the residents they care for that abusive
			 workers will not be hired into positions that give them access to extremely
			 vulnerable individuals receiving long-term care services in health care
			 settings across the United States.
				3.Nationwide
			 program for National and State background checks on direct patient access
			 employees of long-term care facilities and providers
			(a)In
			 generalThe Secretary of Health and Human Services (in this
			 section referred to as the Secretary) shall establish a program
			 to identify efficient, effective, and economical procedures for long-term care
			 facilities or providers to conduct background checks on prospective direct
			 patient access employees on a nationwide basis (in this subsection, such
			 program shall be referred to as the nationwide program). Except
			 for the following modifications, the Secretary shall carry out the nationwide
			 program under similar terms and conditions as the pilot program under section
			 307 of the Medicare Prescription Drug, Improvement, and Modernization Act of
			 2003 (Public Law 108–173; 117 Stat. 2257), including the prohibition on hiring
			 abusive workers and the authorization of the imposition of penalties by a
			 participating State under subsection (b)(3)(A) and (b)(6), respectively, of
			 such section 307:
				(1)Agreements
					(A)Newly
			 participating statesThe Secretary shall enter into agreements
			 with each State—
						(i)that
			 the Secretary has not entered into an agreement with under subsection (c)(1) of
			 such section 307;
						(ii)that agrees to
			 conduct background checks under the nationwide program on a Statewide basis;
			 and
						(iii)that submits an
			 application to the Secretary containing such information and at such time as
			 the Secretary may specify.
						(B)Certain
			 previously participating statesThe Secretary shall enter into
			 agreements with each State—
						(i)that
			 the Secretary has entered into an agreement with under such subsection (c)(1),
			 but only in the case where such agreement did not require the State to conduct
			 background checks under the program established under subsection (a) of such
			 section 307 on a Statewide basis;
						(ii)that agrees to
			 conduct background checks under the nationwide program on a Statewide basis;
			 and
						(iii)that submits an
			 application to the Secretary containing such information and at such time as
			 the Secretary may specify.
						(2)Nonapplication
			 of selection criteriaThe selection criteria required under
			 subsection (c)(3)(B) of such section 307 shall not apply.
				(3)Required
			 fingerprint check as part of criminal history background
			 checkThe procedures established under subsection (b)(1) of such
			 section 307 shall—
					(A)require that the
			 long-term care facility or provider (or the designated agent of the long-term
			 care facility or provider) obtain State and national criminal history
			 background checks on the prospective employee through such means as the
			 Secretary determines appropriate that utilize a search of State-based abuse and
			 neglect registries and databases, including the abuse and neglect registries of
			 another State in the case where a prospective employee previously resided in
			 that State, State criminal history records, the records of any proceedings in
			 the State that may contain disqualifying information about prospective
			 employees (such as proceedings conducted by State professional licensing and
			 disciplinary boards and State Medicaid Fraud Control Units), and Federal
			 criminal history records, including a fingerprint check using the Integrated
			 Automated Fingerprint Identification System of the Federal Bureau of
			 Investigation; and
					(B)require States to describe and test methods
			 that reduce duplicative fingerprinting, including providing for the development
			 of rap back capability by the State such that, if a direct
			 patient access employee of a long-term care facility or provider is convicted
			 of a crime following the initial criminal history background check conducted
			 with respect to such employee, and the employee’s fingerprints match the prints
			 on file with the State law enforcement department, the department will
			 immediately inform the State and the State will immediately inform the
			 long-term care facility or provider which employs the direct patient access
			 employee of such conviction.
					(4)State
			 requirementsAn agreement entered into under paragraph (1) shall
			 require that a participating State—
					(A)be responsible for
			 monitoring compliance with the requirements of the nationwide program;
					(B)have procedures in
			 place to—
						(i)conduct screening
			 and criminal history background checks under the nationwide program in
			 accordance with the requirements of this section;
						(ii)monitor
			 compliance by long-term care facilities and providers with the procedures and
			 requirements of the nationwide program;
						(iii)as
			 appropriate, provide for a provisional period of employment by a long-term care
			 facility or provider of a direct patient access employee, not to exceed 30
			 days, pending completion of the required criminal history background check and,
			 in the case where the employee has appealed the results of such background
			 check, pending completion of the appeals process, during which the employee
			 shall be subject to direct on-site supervision (in accordance with procedures
			 established by the State to ensure that a long-term care facility or provider
			 furnishes such direct on-site supervision);
						(iv)provide an
			 independent process by which a provisional employee or an employee may appeal
			 or dispute the accuracy of the information obtained in a background check
			 performed under the nationwide program, including the specification of criteria
			 for appeals for direct patient access employees found to have disqualifying
			 information which shall include consideration of the passage of time,
			 extenuating circumstances, demonstration of rehabilitation, and relevancy of
			 the particular disqualifying information with respect to the current employment
			 of the individual;
						(v)provide for the
			 designation of a single State agency as responsible for—
							(I)overseeing the
			 coordination of any State and national criminal history background checks
			 requested by a long-term care facility or provider (or the designated agent of
			 the long-term care facility or provider) utilizing a search of State and
			 Federal criminal history records, including a fingerprint check of such
			 records;
							(II)overseeing the
			 design of appropriate privacy and security safeguards for use in the review of
			 the results of any State or national criminal history background checks
			 conducted regarding a prospective direct patient access employee to determine
			 whether the employee has any conviction for a relevant crime;
							(III)immediately
			 reporting to the long-term care facility or provider that requested the
			 criminal history background check the results of such review; and
							(IV)in the case of an
			 employee with a conviction for a relevant crime that is subject to reporting
			 under section 1128E of the Social Security
			 Act (42 U.S.C. 1320a–7e), reporting the existence of such conviction
			 to the database established under that section;
							(vi)determine which
			 individuals are direct patient access employees (as defined in paragraph
			 (6)(B)) for purposes of the nationwide program;
						(vii)as appropriate,
			 specify offenses, including convictions for violent crimes, for purposes of the
			 nationwide program; and
						(viii)describe and
			 test methods that reduce duplicative fingerprinting, including providing for
			 the development of rap back capability such that, if a direct
			 patient access employee of a long-term care facility or provider is convicted
			 of a crime following the initial criminal history background check conducted
			 with respect to such employee, and the employee’s fingerprints match the prints
			 on file with the State law enforcement department—
							(I)the department
			 will immediately inform the State agency designated under clause (v) and such
			 agency will immediately inform the facility or provider which employs the
			 direct patient access employee of such conviction; and
							(II)the State will
			 provide, or will require the facility to provide, to the employee a copy of the
			 results of the criminal history background check conducted with respect to the
			 employee at no charge in the case where the individual requests such a
			 copy.
							(5)Payments
					(A)Newly
			 participating states
						(i)In
			 generalAs part of the application submitted by a State under
			 paragraph (1)(A)(iii), the State shall guarantee, with respect to the costs to
			 be incurred by the State in carrying out the nationwide program, that the State
			 will make available (directly or through donations from public or private
			 entities) a particular amount of non-Federal contributions, as a condition of
			 receiving the Federal match under clause (ii).
						(ii)Federal
			 matchThe payment amount to each State that the Secretary enters
			 into an agreement with under paragraph (1)(A) shall be 3 times the amount that
			 the State guarantees to make available under clause (i), except that in no case
			 may the payment amount exceed $3,000,000.
						(B)Previously
			 participating states
						(i)In
			 generalAs part of the application submitted by a State under
			 paragraph (1)(B)(iii), the State shall guarantee, with respect to the costs to
			 be incurred by the State in carrying out the nationwide program, that the State
			 will make available (directly or through donations from public or private
			 entities) a particular amount of non-Federal contributions, as a condition of
			 receiving the Federal match under clause (ii).
						(ii)Federal
			 matchThe payment amount to each State that the Secretary enters
			 into an agreement with under paragraph (1)(B) shall be 3 times the amount that
			 the State guarantees to make available under clause (i), except that in no case
			 may the payment amount exceed $1,500,000.
						(6)DefinitionsUnder
			 the nationwide program:
					(A)Long-Term care
			 facility or providerThe term long-term care facility or
			 provider means the following facilities or providers which receive
			 payment for services under title XVIII or XIX of the Social Security
			 Act:
						(i)A skilled nursing
			 facility (as defined in section 1819(a) of the Social Security Act (42 U.S.C.
			 1395i–3(a)).
						(ii)A nursing
			 facility (as defined in section 1919(a) of such Act (42 U.S.C.
			 1396r(a)).
						(iii)A home health
			 agency.
						(iv)A provider of
			 hospice care (as defined in section 1861(dd)(1) of such Act (42 U.S.C.
			 1395x(dd)(1)).
						(v)A long-term care
			 hospital (as described in section 1886(d)(1)(B)(iv) of such Act (42 U.S.C.
			 1395ww(d)(1)(B)(iv)).
						(vi)A provider of
			 personal care services.
						(vii)A provider of
			 adult day care.
						(viii)A residential
			 care provider that arranges for, or directly provides, long-term care services,
			 including an assisted living facility that provides a level of care established
			 by the Secretary.
						(ix)An intermediate
			 care facility for the mentally retarded (as defined in section 1905(d) of such
			 Act (42 U.S.C. 1396d(d)).
						(x)Any other facility
			 or provider of long-term care services under such titles as the participating
			 State determines appropriate.
						(B)Direct patient access
			 employeeThe term
			 direct patient access employee means any individual who has access
			 to a patient or resident of a long-term care facility or provider through
			 employment or through a contract with such facility or provider and has duties
			 that involve (or may involve) one-on-one contact with a patient or resident of
			 the facility or provider, as determined by the State for purposes of the
			 nationwide program. Such term does not include a volunteer unless the volunteer
			 has duties that are equivalent to the duties of a direct patient access
			 employee and those duties involve (or may involve) one-on-one contact with a
			 patient or resident of the long-term care facility or provider.
					(7)Evaluation and
			 report
					(A)EvaluationThe
			 Inspector General of the Department of Health and Human Services shall conduct
			 an evaluation of the nationwide program.
					(B)ReportNot
			 later than 180 days after the completion of the nationwide program, the
			 Inspector General of the Department of Health and Human Services shall submit a
			 report to Congress containing the results of the evaluation conducted under
			 subparagraph (A).
					(b)Funding
				(1)NotificationThe
			 Secretary of Health and Human Services shall notify the Secretary of the
			 Treasury of the amount necessary to carry out the nationwide program under this
			 section for the period of fiscal years 2010 through 2012, except that in no
			 case shall such amount exceed $160,000,000.
				(2)Transfer of
			 fundsOut of any funds in the Treasury not otherwise
			 appropriated, the Secretary of the Treasury shall provide for the transfer to
			 the Secretary of Health and Human Services of the amount specified as necessary
			 to carry out the nationwide program under paragraph (1). Such amount shall
			 remain available until expended.
				4.Mandatory State
			 use of national correct coding initiative
			(a)In
			 generalSection 1903(r) of
			 the Social Security Act (42 U.S.C. 1396b(r)), as amended by section 3(a) of the
			 QI Program Supplemental Funding Act of 2008 (Public Law 110–379), is
			 amended—
				(1)in paragraph
			 (1)(B)—
					(A)in clause (ii), by striking
			 and at the end;
					(B)in clause (iii),
			 by adding and after the semicolon; and
					(C)by adding at the
			 end the following new clause:

							(iv)effective for
				claims filed on or after October 1, 2010, incorporate compatible methodologies
				of the National Correct Coding Initiative administered by the Secretary (or any
				successor initiative to promote correct coding and to control improper coding
				leading to inappropriate payment) and such other methodologies of that
				Initiative (or such other national correct coding methodologies) as the
				Secretary identifies in accordance with paragraph
				(4);
							;
				and
					(2)by adding at the
			 end the following new paragraph:

						(4)Not later than September 1, 2010, the
				Secretary shall do the following:
							(A)Identify those methodologies of the
				National Correct Coding Initiative administered by the Secretary (or any
				successor initiative to promote correct coding and to control improper coding
				leading to inappropriate payment) which are compatible to claims filed under
				this title.
							(B)Identify those methodologies of such
				Initiative (or such other national correct coding methodologies) that should be
				incorporated into claims filed under this title with respect to items or
				services for which States provide medical assistance under this title and no
				national correct coding methodologies have been established under such
				Initiative with respect to title XVIII.
							(C)Notify States of—
								(i)the methodologies identified under
				subparagraphs (A) and (B) (and of any other national correct coding
				methodologies identified under subparagraph (B)); and
								(ii)how States are to incorporate such
				methodologies into claims filed under this title.
								(D)Submit a report to Congress that
				includes the notice to States under subparagraph (C) and an analysis supporting
				the identification of the methodologies made under subparagraphs (A) and
				(B).
							.
				(b)Extension for
			 state law amendmentIn the case of a State plan under title XIX
			 of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of
			 Health and Human Services determines requires State legislation in order for
			 the plan to meet the additional requirements imposed by the amendment made by
			 subsection (a)(1)(C), the State plan shall not be regarded as failing to comply
			 with the requirements of such title solely on the basis of its failure to meet
			 these additional requirements before the first day of the first calendar
			 quarter beginning after the close of the first regular session of the State
			 legislature that begins after the date of enactment of this Act. For purposes
			 of the previous sentence, in the case of a State that has a 2-year legislative
			 session, each year of the session is considered to be a separate regular
			 session of the State legislature.


116 HR 5077 IH: Resurveys Entitle Adjacent Landowners to Protection Act
U.S. House of Representatives
2019-11-13
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.

I116th CONGRESS1st SessionH. R. 5077IN THE HOUSE OF REPRESENTATIVESNovember 13, 2019Mr. Tipton introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, 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 protections and certainty for private landowners related to resurveying certain Federal
			 land under the administrative jurisdiction of the Bureau of Land
			 Management, the National Park Service, and the Forest Service, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Resurveys Entitle Adjacent Landowners to Protection Act or the REAL Protection Act. 2.Resurvey Transparency; Notice requirements (a)Notice (1)In generalNot later than 30 days before the commencement of a resurvey of Federal land under the administrative jurisdiction of the Bureau of Land Management, the National Park Service, or the Forest Service, the Secretary concerned shall notify all property owners with land abutting or adjacent to the Federal land being resurveyed of the pending resurvey. If a resurvey extends the boundaries of Federal land, the Secretary concerned shall notify affected landowners of the results of the resurvey not later than 30 days after the completion of the survey.
 (2)NotificationThe Secretary concerned shall use certified or registered mail to notify landowners under this subsection.
 (3)Identification of landownersWhen identifying affected landowners for the purpose of notification under this subsection, the Secretary concerned shall use the most recently available tax records.
 (b)Public commentNot later than 30 days after completing a resurvey, the Secretary concerned shall publish a notice in the Federal Register. Affected landowners may comment to the Secretary concerned and by submitting formal comments to the Federal Register notice.
 3.Protection of personsIf a resurvey results in land previously thought to be privately owned to be reclassified as Federal land, the persons thought to be a private owner of such land—
 (1)shall— (A)be given the right of first refusal to purchase the land for fair market value minus the value of any significant improvements made to such lands; or
 (B)be reimbursed for the fair market value of any significant improvements made to such lands; and (2)may not be charged with willful trespass onto such land unless the person used such lands with the knowledge that the lands should be classified as Federal land.
 4.DefinitionsFor the purposes of this Act: (1)ResurveyThe term resurvey means an official rerunning and remarking intended to supersede the records of the original survey.
 (2)Secretary concernedThe term Secretary concerned means— (A)the Secretary of the Interior, when referring Federal land under the administrative jurisdiction of the Bureau of Land Management or the National Park Service; and
 (B)the Secretary of Agriculture, when referring to Federal land under the administrative jurisdiction of the Forest Servcie.


115 HR 3643 IH: Children First Act of 2017
U.S. House of Representatives
2017-08-04
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
		115th CONGRESS1st Session
		H. R. 3643
		IN THE HOUSE OF REPRESENTATIVES

			August 4, 2017
			Mr. Crowley (for himself and Ms. Frankel of Florida) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To amend part A of title IV of the Social Security Act to provide additional child care funding,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Children First Act of 2017. 2.PurposesThe purposes of this Act are—
 (1)to provide funding to ensure that the families that have infants and toddlers, that have a family income of not more than 200 percent of the applicable Federal poverty guideline, and that need child care have access to high-quality infant and toddler child care by the end of fiscal year 2028, in order to promote family economic security and parental employment, to support parents in balancing work and family obligations, and to promote children’s health, early care, and learning;
 (2)to provide sufficient funding to ensure that both families and child care providers have the resources they need to support high-quality early care and learning for infants and toddlers;
 (3)to ensure that provider payment rates, for infant and toddler child care providers, are set at a level high enough to support high-quality child care for infants and toddlers, including infants and toddlers with disabilities;
 (4)to assist eligible infant and toddler child care providers in improving the quality of their programs—
 (A)by strengthening the skills, competencies, and compensation of the workforce of those providers, in a manner aligned with the report entitled Transforming the Workforce for Children Birth Through Age 8: A Unifying Foundation, issued by the National Academy of Sciences in April 2015; and
 (B)by helping those providers ensure that children receive the comprehensive services they need, by coordinating activities with other community service providers; and
 (5)to ensure that high-quality infant and toddler child care is a strong component of a continuum of quality early care and learning activities within States and Indian and Native Hawaiian communities, starting with prenatal care and continuing through activities in the early school years, with seamless transitions between programs.
			3.Child care funding for infants and toddlers
 Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended by inserting after section 418 the following:

				418A.Funding for child care for infants and toddlers
					(a)Grants To expand access to high-Quality child care
 (1)In generalFrom the amount reserved under subsection (g)(1) for a fiscal year, the Secretary shall make a grant—
 (A)to each eligible State that is not a territory, in an amount that bears the same ratio to 95 percent of the amount so reserved as the number of infants and toddlers from low-income families in the State bears to the total number of such infants and toddlers in all eligible States that are not territories; and
 (B)to each eligible State that is a territory, in an amount that bears the same ratio to 5 percent of the amount so reserved as the number of infants and toddlers from low-income families in the territory bears to the total number of such infants and toddlers in all eligible States that are territories.
 (2)Use of fundsA State to which a grant is made under this subsection shall use the grant— (A)to expand access to high-quality child care for infants and toddlers who do not receive child care funded through the Child Care and Development Fund;
 (B)to increase, as described in this section, the quality of child care for infants and toddlers who receive child care funded through the Child Care and Development Fund; and
							(C)
 (i)to support payment rates, for child care providers that serve infants and toddlers, that reflect the cost of high-quality child care and are sufficient to attract, support, and retain providers who meet quality standards that relate to the unique needs of infants and toddlers, including infants and toddlers with disabilities; and
 (ii)to increase the compensation of, and provide other financial incentives for, the highly-qualified infant and toddler child care workforce.
 (b)Grants for maintaining access to child careFrom the amount reserved under subsection (g)(6) for a fiscal year, the Secretary shall make a grant—
 (1)to each eligible State that is not a territory, in an amount that bears the same ratio to the amount so reserved as the amount payable to the State under section 418(a)(2)(B) for the fiscal year bears to the total of the amounts payable under such section for the fiscal year to all eligible States that are not territories; and
 (2)to each eligible State that is a territory, in an amount that bears the same ratio to 5 percent of the amount so reserved as the amount payable to the territory under section 418(a)(2)(B) for the fiscal year bears to the total of the amounts payable under such section for the fiscal year to all eligible States that are territories.
						(c)Grants for Indian and Native Hawaiian child care
						(1)In general
 (A)Grant formulaIn order to ensure that Indian and Native Hawaiian children have equal access to high-quality infant and toddler child care, the Secretary shall develop a formula for allotting the amount reserved under subsection (g)(2) among Indian tribes and tribal organizations, and shall make a grant to each Indian tribe and tribal organization in an amount equal to the amount allotted to the Indian tribe or tribal organization under the formula.
 (B)Formula factorsIn developing the formula, the Secretary shall— (i)provide for a level of funding that will ensure that, by the end of fiscal year 2026, the Indian and Native Hawaiian infants and toddlers in eligible families will receive a level of services that is equivalent to the high-quality child care received by infants and toddlers in the general population under this section;
 (ii)take into consideration the unique needs and circumstances of individuals in Indian and Native Hawaiian communities, such as unemployment rates; and
 (iii)the cost of providing high-quality child care that addresses Indian and Native Hawaiian culture and language.
 (2)Use of fundsAn Indian tribe or tribal organization to which a grant is made under this subsection shall use the grant to provide high-quality child care to infants and toddlers in low-income families.
						(d)Grants for child care during unconventional hours
 (1)In generalFrom the amount reserved under subsection (g)(5) for each fiscal year, the Secretary may make a grant—
 (A)to each eligible State that is not a territory, in an amount that bears the same ratio to the amount so reserved as the total of the amounts payable to the State under section 418 and this section for the fiscal year bears to the total of the amounts payable under such sections for the fiscal year to all eligible States that are not territories; and
 (B)to each eligible State that is a territory, in an amount that bears the same ratio to 5 percent of the amount so reserved as the total of the amounts payable to the territory under section 418 and this section for the fiscal year bears to the total of the amounts payable under such sections for the fiscal year to all eligible States that are territories.
 (2)Use of fundsA State to which a grant is made under this subsection shall use the grant to enable the provision of child care during nontraditional and unpredictable hours.
 (e)Applicability of certain requirements relating to child care fundingSubsections (a)(2)(D), (a)(5), (b), and (c) of section 418 shall apply with respect to this section in the same way such subsections apply with respect to section 418.
 (f)AppropriationFor grants under this section, there are appropriated— (1)$3,745,000,000 for fiscal year 2018;
 (2)$4,212,000,000 for fiscal year 2019; (3)$4,926,000,000 for fiscal year 2020;
 (4)$5,972,000,000 for fiscal year 2021; (5)$7,038,000,000 for fiscal year 2022;
 (6)$8,146,000,000 for fiscal year 2023; (7)$9,775,000,000 for fiscal year 2024;
 (8)$11,416,000,000 for fiscal year 2025; (9)$13,169,000,000 for fiscal year 2026; and
 (10)$15,222,000,000 for fiscal year 2027. (g)Reservations of fundsFrom the amounts appropriated under subsection (f) for each fiscal year, the Secretary shall—
 (1)reserve an amount for grants under subsection (a) (relating to expanding access to high-quality child care);
 (2)reserve not less than 2 percent for grants under subsection (c) (relating to Indian and Native Hawaiian child care);
 (3)reserve not more than 0.5 percent for research and evaluation of activities under this section; (4)reserve not more than 0.5 percent for the provision of technical assistance relating to activities under this section;
 (5)reserve 6 percent for grants under subsection (d) (relating to child care provided during nontraditional and unpredictable hours); and
 (6)reserve the remainder for grants under subsection (b) (relating to maintaining access to child care).
 (h)DefinitionsIn this section: (1)Child Care and Development FundThe term Child Care and Development Fund means the funds appropriated under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) and the funds appropriated under section 418 of this Act.
 (2)Eligible familyThe term eligible family means a low-income family that has, and needs child care for, an infant or toddler. (3)Eligible infant or toddlerThe term eligible infant or toddler means an infant or toddler from a low-income family.
 (4)High-qualityThis term high-quality, used with respect to child care (including early care and learning), means child care that— (A)meets the needs of working families, including full-day and full-year options;
 (B)provides adequate compensation to attract, retain, and develop a well-qualified workforce, and provides opportunities for caregivers to progress through professional development goals;
 (C)promotes age-appropriate social, emotional, cognitive, and physical development; (D)coordinates activities with Head Start and other public and private agencies to ensure that infants and toddlers are referred to other appropriate community services; and
 (E)engages with parents in their roles as first teachers and partners with parents in their child’s early care and learning and transition to pre-kindergarten or a Head Start program.
 (5)Infant or toddlerThe term infant or toddler means a child who has not attained 4 years of age. (6)Infant or toddler with a disabilityThe term infant or toddler with a disability has the meaning given the term in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432).
 (7)Low-income familyThe term low-income family means a family with a family income of not more than 200 percent of the applicable Federal poverty guideline.
 (8)Native hawaiianThe term Native Hawaiian has the meaning given the term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517).
 (9)TerritoryThe term territory means the Virgin Islands of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands
 (10)Tribal organizationThe term tribal organization has the meaning given the term in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n).
						.
 4.Applicability of State or local health and safety standards to other TANF child care spendingSection 402(a) of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at the end the following:

				(8)Certification of procedures to ensure that child care providers comply with applicable State or
 local health and safety standardsA certification by the Governor of a State that procedures are in effect to ensure that any child care provider in the State that provides services funded through expenditures under this part or with qualified State expenditures complies with all applicable State or local health and safety requirements as described in section 658E(c)(2)(I) of the Child Care and Development Block Grant Act of 1990..
 5.Availability of child care for parents required to workSection 407(e)(2) of the Social Security Act (42 U.S.C. 607(e)(2)) is amended— (1)by inserting or other individual with custody after parent; and
 (2)by striking 6 and inserting 13. 6.Application of Child Care and Development Block Grant Act of 1990 reporting rules to TANF funds expended for child care (a)In generalSection 411(a) of the Social Security Act (42 U.S.C. 611(a)) is amended—
 (1)by redesignating paragraph (7) as paragraph (8); and (2)by inserting after paragraph (6) the following:

						(7)Application of child care and development block grant Act of 1990 reporting rules to funds expended
 for child careAny funds provided under this part that are expended for child care, whether or not transferred to the Child Care and Development Block Grant Act of 1990, shall be subject to the individual and case data reporting requirements imposed under that Act and need not be included in the report required by paragraph (1) for a fiscal quarter..
 (b)Conforming amendmentSection 411(a)(1)(A)(ix) of such Act (42 U.S.C. 611(a)(1)(A)(ix)) is amended by striking supplemental nutrition assistance program benefits, or subsidized child care, and if the latter 2, and inserting or supplemental nutrition assistance program benefits, and if the latter,. 7.Effective date (a)In generalSubject to subsections (b) and (c), the amendments made by this Act shall take effect on October 1, 2018, and shall apply to payments under part A of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date.
 (b)Application of reporting rulesThe amendments made by section 6 shall take effect on October 1, 2019. (c)Delay permitted if State legislation requiredIn the case of a State plan under section 402(a) of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such section 402(a) solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.


116 SRES 25 ATS: Designating the week of January 20 through January 26, 2019, as “National School Choice Week”.
U.S. Senate
2019-01-19
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.

III116th CONGRESS1st SessionS. RES. 25IN THE SENATE OF THE UNITED STATESJanuary 19, 2019Mr. Scott of South Carolina (for himself, Mr. Alexander, Mr. Perdue, Mr. Gardner, Mr. Tillis, Mr. Boozman, Mrs. Feinstein, Mrs. Hyde-Smith, Mr. Roberts, Mr. Inhofe, Mr. Burr, Mr. Cruz, Mr. Rubio, Mr. Cornyn, Mr. Cotton, Mr. Young, Mr. Toomey, Mr. Graham, Mr. Paul, Mr. Wicker, Mr. Isakson, Mr. Johnson, Mr. Daines, Mr. Cassidy, Mr. Enzi, Mrs. Blackburn, Mr. Lankford, Mr. Braun, Mr. Cramer, Mr. Romney, and Mr. Scott of Florida) submitted the following resolution; which was considered and agreed toRESOLUTIONDesignating the week of January 20 through January 26, 2019, as National School Choice Week.

 Whereas providing a diversity of choices in K–12 education empowers parents to select education environments that meet the individual needs and strengths of their children;
 Whereas high-quality K–12 education environments of all varieties are available in the United States, including traditional public schools, public charter schools, public magnet schools, private schools, online academies, and home schooling;
 Whereas talented teachers and school leaders in each of the education environments prepare children to achieve their dreams;
 Whereas more families than ever before in the United States actively choose the best education for their children;
 Whereas more public awareness of the issue of parental choice in education can inform additional families of the benefits of proactively choosing challenging, motivating, and effective education environments for their children;
 Whereas the process by which parents choose schools for their children is nonpolitical, nonpartisan, and deserves the utmost respect; and
 Whereas tens of thousands of events are planned to celebrate the benefits of educational choice during the ninth annual National School Choice Week, held the week of January 20 through January 26, 2019: Now, therefore, be it

 That the Senate— (1)designates the week of January 20 through January 26, 2019, as National School Choice Week;
 (2)congratulates students, parents, teachers, and school leaders from K–12 education environments of all varieties for their persistence, achievements, dedication, and contributions to society in the United States;
 (3)acknowledges the 15th anniversary of the D.C. Opportunity Scholarship Program, which, as of January 2019, has awarded more than 8,400 scholarships;
 (4)encourages all parents, during National School Choice Week, to learn more about the education options available to them; and
 (5)encourages the people of the United States to hold appropriate programs, events, and activities during National School Choice Week to raise public awareness of the benefits of opportunity in education.


109 HR 1938 IH: To suspend temporarily the duty on Chloropivaloyl Chloride.
U.S. House of Representatives
2005-04-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1938
IN THE HOUSE OF REPRESENTATIVES

April 27, 2005
Mr. Reynolds introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on Chloropivaloyl Chloride.

1.Chloropivaloyl Chloride
(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:

9902.06.053-Chloropivaloyl chloride (CAS No. 4300-97-4) (provided for in subheading 2915.90.50)FreeNo changeNo changeOn or before 12/31/2008
(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 enactment of this Act.


115 HR 1555 IH: Fifth Amendment Integrity Restoration Act of 2017
U.S. House of Representatives
2017-03-15
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.

I115th CONGRESS1st SessionH. R. 1555IN THE HOUSE OF REPRESENTATIVESMarch 15, 2017Mr. Walberg (for himself, Mr. Ellison, Mr. McClintock, and Mr. Cárdenas) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, 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 restore the integrity of the Fifth Amendment to the Constitution of the United States, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Fifth Amendment Integrity Restoration Act of 2017 or the FAIR Act. 2.Civil forfeiture proceedingsSection 983 of title 18, United States Code, is amended—
 (1)in subsection (b)(2)(A)— (A)by striking , and the property subject to forfeiture is real property that is being used by the person as a primary residence,; and
 (B)by striking , at the request of the person, shall insure and insert shall ensure; (2)in subsection (c)—
 (A)in paragraph (1), by striking a preponderance of the evidence and inserting clear and convincing evidence; (B)in paragraph (2), by striking a preponderance of the evidence and inserting clear and convincing evidence; and
 (C)by striking paragraph (3) and inserting the following:  (3)if the Government's theory of forfeiture is that the property was used to commit or facilitate the commission of a criminal offense, or was involved in the commission of a criminal offense, the Government shall establish, by clear and convincing evidence, that—
 (A)there was a substantial connection between the property and the offense; and (B)the owner of any interest in the seized property—
 (i)used the property with intent to facilitate the offense; or (ii)knowingly consented or was willfully blind to the use of the property by another in connection with the offense.; and
 (3)in subsection (d)(2)(A), by striking an owner who and all that follows through upon learning and inserting an owner who, upon learning. 3.Disposition of forfeited property (a)Revisions to Controlled Substances ActSection 511(e) of the Controlled Substances Act (21 U.S.C. 881(e)) is amended—
 (1)in paragraph (1)— (A)in the matter preceding subparagraph (A), by striking civilly or;
 (B)by striking subparagraph (A); and (C)by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively;
 (2)in paragraph (2)— (A)in subparagraph (A), in the matter preceding clause (i), by striking subparagraph (B) of paragraph (1) and inserting paragraph (1)(A); and
 (B)in subparagraph (B), by striking accordance with section 524(c) of title 28, and inserting the General Fund of the Treasury of the United States; (3)by striking paragraph (3);
 (4)by redesignating paragraph (4) as paragraph (3); and (5)in paragraph (3), as redesignated—
 (A)in subparagraph (A), by striking paragraph (1)(B) and inserting paragraph (1)(A); and (B)in subparagraph (B), in the matter preceding clause (i), by striking paragraph (1)(B) that is civilly or and inserting paragraph (1)(A) that is.
 (b)Revisions to title 18Chapter 46 of title 18, United States Code, is amended— (1)in section 981(e)—
 (A)by striking is authorized and all that follows through or forfeiture of the property; and inserting shall forward to the Treasurer of the United States any proceeds of property forfeited pursuant to this section for deposit in the General Fund of the Treasury or transfer such property on such terms and conditions as such officer may determine—;
 (B)by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (1), (2), (3), (4), and (5), respectively; and
 (C)in the matter following paragraph (5), as so redesignated— (i)by striking the first, second, third, sixth, and eighth sentences; and
 (ii)by striking paragraph (3), (4), or (5) and inserting paragraph (1), (2), or (3); and (2)in section 983(g)—
 (A)in paragraph (3), by striking grossly; and (B)in paragraph (4), by striking grossly.
 (c)Tariff Act of 1930The Tariff Act of 1930 (19 U.S.C. 1304 et seq.) is amended— (1)in section 613A(a) (19 U.S.C. 1613b(a))—
 (A)in paragraph (1)— (i)in subparagraph (D), by inserting and after the semicolon;
 (ii)in subparagraph (E), by striking ; and and inserting a period; and (iii)by striking subparagraph (F); and
 (B)in paragraph (2)— (i)by striking (A) Any payment and inserting Any payment; and
 (ii)by striking subparagraph (B); and (2)in section 616 (19 U.S.C. 1616a)—
 (A)in the section heading, by striking Transfer of forfeited property and inserting Dismissal in favor of forfeiture under State law; (B)in subsection (a), by striking (a) The Secretary and inserting The Secretary; and
 (C)by striking subsections (b) through (d). (d)Title 31Section 9705 of title 31, United States Code, is amended—
 (1)in subsection (a)(1)— (A)by striking subparagraph (G); and
 (B)by redesignating subparagraphs (H) through (J) as subparagraphs (G) through (I), respectively; and (2)in subsection (b)—
 (A)by striking paragraphs (2) and (4); and (B)by redesignating paragraphs (3) and (5) as paragraphs (2) and (3), respectively.
 4.Department of Justice Assets Forfeiture Fund depositsSection 524(c)(4) of title 28, United States Code, is amended— (1)by striking subparagraphs (A) and (B); and
 (2)by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively. 5.Structuring transactions to evade reporting requirement prohibited (a)Amendments to title 31Section 5324 of title 31, United States Code, is amended—
 (1)in subsection (a)— (A)in the matter preceding paragraph (1), by inserting knowingly after Public Law 91–508; and
 (B)in paragraph (3), by inserting of funds not derived from a legitimate source after any transaction; (2)in subsection (b), in the matter preceding paragraph (1), by inserting knowingly after such section; and
 (3)in subsection (c), in the matter preceding paragraph (1), by inserting knowingly after section 5316. (b)Probable cause hearing in connection with property seizures relating to certain monetary instruments transactions (1)AmendmentSection 5317 of title 31, United States Code, is amended by adding at the end the following:

						(d)Probable cause hearing in connection with property seizures relating to certain monetary
			 instruments transactions
 (1)In generalNot later than 14 days after the date on which notice is provided under paragraph (2)— (A)a court of competent jurisdiction shall conduct a hearing on any property seized or restrained under subsection (c)(2) with respect to an alleged violation of section 5324; and
 (B)any property described in subparagraph (A) shall be returned unless the court finds that there is probable cause to believe that there is a violation of section 5324 involving the property.
 (2)NoticeEach person from whom property is seized or restrained under subsection (c)(2) with respect to an alleged violation of section 5324 shall be notified of the right of the person to a hearing under paragraph (1)..
 (2)ApplicabilityThe amendment made by paragraph (1) shall apply to property seized or restrained after the date of enactment of this Act.
 6.ProportionalitySection 983(g)(2) of title 18, United States Code, is amended to read as follows:  (2)In making this determination, the court shall consider such factors as—
 (A)the seriousness of the offense; (B)the extent of the nexus of the property to the offense;
 (C)the range of sentences available for the offense giving rise to forfeiture; (D)the fair market value of the property; and
 (E)the hardship to the property owner and dependents.. 7.Reporting requirementsSection 524(c)(6)(i) of title 28, United States Code, is amended by inserting from each type of forfeiture, and specifically identifying which funds were obtained from including criminal forfeitures and which were obtained from civil forfeitures, after deposits.
 8.ApplicabilityThe amendments made by this Act shall apply to— (1)any civil forfeiture proceeding pending on or filed on or after the date of enactment of this Act; and
 (2)any amounts received from the forfeiture of property on or after the date of enactment of this Act.


113 HR 503 PCS: National Desert Storm and Desert Shield War Memorial Act
U.S. House of Representatives

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
		Calendar No. 403113th CONGRESS
		2d Session
		H. R. 503
		IN THE SENATE OF THE UNITED STATES
		June 2, 2014Received; read twice and place on the calendarAN ACT
		To authorize the National Desert Storm Memorial Association to establish the National Desert Storm
			 and Desert Shield Memorial as a commemorative work in the District of
			 Columbia, and for other purposes.

		1.Short titleThis Act may be cited as the National Desert Storm and Desert Shield War Memorial Act.
		2.DefinitionsFor the purposes of this Act:
			(1)AssociationThe term Association means the National Desert Storm Memorial Association, a corporation organized under the laws of
			 the State of Arkansas and described in section 501(c)(3) and exempt from
			 taxation under section 501(a) of the Internal Revenue Code of 1986.
			(2)MemorialThe term memorial means the National Desert Storm and Desert Shield Memorial authorized to be established under
			 section 3.
			3.Memorial to commemorate
			(a)Authorization To establish commemorative workThe Association may establish the National Desert Storm and Desert Shield Memorial as a
			 commemorative work, on Federal land in the District of Columbia to
			 commemorate and honor those who, as a member of the Armed Forces, served
			 on active duty in support of Operation Desert Storm or Operation Desert
			 Shield.
			(b)Compliance with standards for Commemorative Works ActThe establishment of the commemorative work shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act).
			(c)Use of federal funds prohibitedFederal funds may not be used to pay any expense of the establishment of the memorial. The
			 Association shall be solely responsible for acceptance of contributions
			 for, and payment of the expenses of, the establishment of the memorial.
			(d)Deposit of excess funds
				(1)If upon payment of all expenses for the establishment of the memorial (including the maintenance
			 and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment
			 of the commemorative work, the Association shall transmit the amount of
			 the balance to the Secretary of the Interior for deposit in the account
			 provided for in section 8906(b)(3) of title 40, United States Code.
				(2)If upon expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment
			 of the commemorative work, the Association shall transmit the balance to a
			 separate account with the National Park Foundation for memorials, to be
			 available to the Secretary of the Interior or the Administrator (as
			 appropriate) following the process provided in section 8906(b)(4) of title 40, United States Code, for accounts established under section 8906(b)(2) or (3) of title
			 40, United States Code.

	Passed the House of Representatives May 28, 2014.Karen L. Haas,Clerk.
	June 2, 2014Received; read twice and place on the calendar


114 HR 2369 IH: Energy Supply and Distribution Act of 2015
U.S. House of Representatives
2015-05-15
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.

I
114th CONGRESS 1st Session
H. R. 2369
IN THE HOUSE OF REPRESENTATIVES

May 15, 2015
Mr. Conaway (for himself and Mr. Cuellar) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Foreign Affairs and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To lift the oil export ban and modernize Federal policies regarding the supply and distribution of energy in the United States, and for other purposes.

1.Short titleThis Act may be cited as the Energy Supply and Distribution Act of 2015. 2.PurposesThe purposes of this Act are—
(1)to adopt certain recommendations of the Quadrennial Energy Review of 2015; (2)to enhance the integration of energy markets;
(3)to improve the collection of energy data and analysis; and (4)to promote the production and distribution of energy in the United States.
3.DefinitionsIn this Act: (a)AdministratorThe term Administrator means the Administrator of the Energy Information Administration.
(b)SecretaryThe term Secretary means the Secretary of Energy. 4.Sense of Congress relating to domestic energyIt is the sense of Congress that the production and distribution of energy in the United States requires access to infrastructure and markets.
5.Energy security
(a)In generalThe Secretary— (1)shall collaborate with the heads of other Federal agencies to improve the conceptual development of energy security; and
(2)may consult with allies and key trading partners of the United States with respect to energy security issues resulting from changes in the energy marketplace. (b)ConsiderationsAt a minimum, the Secretary shall ensure that, as part of the collaboration required under subsection (a)(1), the following are considered:
(1)The development of flexible, transparent, and competitive energy markets, including natural gas and oil markets. (2)The diversification of energy fuels, sources, and routes.
(3)The encouragement of indigenous sources of energy supply. 6.Shared infrastructureThe Secretary shall lead an interagency effort to improve and coordinate data collection and analytical and modeling capabilities for energy distribution on shared energy infrastructure.
7.Energy market integrationThe Secretary shall coordinate the training of, and enhanced dialogue among, technical staff in applicable Federal agencies that are responsible for evaluating and implementing cross-border energy projects. 8.Sense of Congress relating to hydrocarbon productionIt is the sense of Congress that, as stated in the Annual Energy Outlook of 2015 of the Energy Information Administration, growth in crude oil and dry natural gas production varies significantly across oil and natural gas supply regions—
(1)forcing shifts in crude oil and natural gas flows between regions of the United States; and (2)requiring investment in or realignment of pipelines and other midstream infrastructure.
9.Energy data collaboration
(a)In generalThe Administrator shall collaborate with the appropriate officials in Canada and Mexico, as determined by the Administrator, to improve— (1)the quality and transparency of North American energy data through reconciliation of data on energy trade flows among the United States, Canada, and Mexico;
(2)the extension of energy mapping capabilities in the United States, Canada, and Mexico; and (3)the development of common energy data terminology among the United States, Canada, and Mexico.
(b)Periodic updatesThe Administrator shall periodically inform the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding— (1)the extent to which energy data is being shared under subsection (a); and
(2)whether forward-looking projections for regional energy flows are improving in accuracy as a result of the energy data sharing under that subsection. 10.Sense of Congress relating to processed condensateIt is the sense of Congress that processed condensate is a petroleum product.
11.Development of definition of condensate
(a)In generalThe Secretary shall— (1)develop a standard definition of the term condensate; and
(2)advise relevant Federal agencies to adopt that definition for the purpose of clarifying energy policy in the United States. (b)Office of fossil energy assessmentThe Assistant Secretary for Fossil Energy may assess the suitability of condensate separately from crude oil for use in strategic reserves, as determined necessary by the Secretary.
(c)Energy information administration data collectionThe Administrator may collect data regarding condensate and crude oil production in the United States. 12.Department of interior assessments (a)In generalThe Secretary of the Interior shall direct the appropriate agencies within the Department of the Interior to assess condensate separately from crude oil, in accordance with this section.
(b)Office of natural resources revenueThe Director of the Office of Natural Resources Revenue may collect data regarding condensate separately from crude oil produced in the United States. (c)Bureau of ocean energy managementThe Director of the Bureau of Ocean Energy Management may estimate condensate separately from crude oil as part of the resource assessments regarding geological formations in the United States.
(d)United states geological surveyThe Director of the United States Geological Survey may include estimates of condensate separately from crude oil as part of the resource assessments regarding geological formations in the United States. 13.Access to markets (a)In generalNotwithstanding any other provision of law, to promote the efficient exploration, production, storage, supply, and distribution of energy resources, any domestic crude oil or condensate (other than crude oil stored in the Strategic Petroleum Reserve) may be exported without a Federal license to countries not subject to sanctions by the United States.
(b)Savings clauseNothing in this section limits the authority of the President under the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), or part B of title II of the Energy Policy and Conservation Act (42 U.S.C. 6271 et seq.) to prohibit exports.