		I
		112th CONGRESS
		2d Session
		H. R. 6358
		IN THE HOUSE OF REPRESENTATIVES

			August 3, 2012
			Mr. Kucinich (for
			 himself, Ms. Pingree of Maine, and
			 Mrs. Napolitano) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To examine, label, and communicate adverse human
		  biological effects associated with exposure to electromagnetic fields from cell
		  phones and other wireless devices, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Cell Phone Right to Know
			 Act.
		2.Research
			 program
			(a)In
			 generalThe Director and the
			 Administrator, acting jointly, shall conduct or support a comprehensive
			 research program to determine whether exposure to electromagnetic fields from
			 mobile communication devices causes adverse biological effects in humans,
			 including especially vulnerable subpopulations such as children, pregnant
			 women, those with compromised immune systems and hypersensitivity reactions,
			 men and women of reproductive age, and the elderly.
			(b)Specific
			 requirementsWith respect to
			 the possible adverse biological effects in humans from exposure to
			 electromagnetic fields from mobile communication devices, the program under
			 subsection (a) shall provide for—
				(1)the collection,
			 compilation, publication, and dissemination of scientifically valid
			 information;
				(2)research on mechanisms by which such
			 electromagnetic fields interact with human biological systems; and
				(3)epidemiological research.
				(c)Dissemination
				(1)Public
			 accessibilityThe Director and the Administrator, acting jointly,
			 shall ensure that information and research results under such program are
			 regularly made widely available to the general public.
				(2)Reports to
			 CongressOn the date that is
			 4 years after the date of enactment of this Act and on the date that is 8 years
			 after the date of enactment of this Act, the Director and the Administrator,
			 acting jointly, shall transmit to Congress a report containing the findings and
			 conclusions of the research program under subsection (a).
				(d)Workshop
				(1)In
			 generalThe Director and the Administrator, acting jointly, shall
			 convene a workshop to assist in the development of a plan for the research to
			 be carried out under such program.
				(2)ParticipantsParticipants
			 in the workshop shall include government employees, representatives of public
			 interest groups, and representatives from the scientific community with
			 expertise relevant to health issues or other adverse biological effects in
			 humans potentially associated with the exposure to electromagnetic fields from
			 mobile communication devices.
				(e)Conflicts of
			 interest
				(1)In
			 generalThe Director and the Administrator—
					(A)may not delegate
			 any responsibility under this section to an officer or employee with any
			 significant conflict of interest relative to research or activities under this
			 section;
					(B)shall require, as
			 a condition on receipt of assistance for research under this section, an
			 assurance that any person given responsibility to carry out such research will
			 not have any significant conflict of interest relative to such research;
			 and
					(C)may not, with
			 respect to any such person, waive subparagraph (A) or (B) in any case or grant
			 an exemption under section 208(b) of title 18, United States Code.
					(2)Relation to
			 other provisionsThe
			 requirements of paragraph (1) are in addition to the prohibition in section
			 208(a) of title 18, United States Code, and any other prohibition or
			 requirement in Federal law relating to conflicts of interest.
				(3)Status of
			 researchersAny person who is not a Federal Government employee
			 who performs research under the program in subsection (a) shall be considered a
			 special government employee for the purpose of conflict of interest rules,
			 including section 208 of title 18, United States Code.
				(f)Clarification of
			 researcher access to information
				(1)In
			 generalNot later than 180 days after the date of enactment of
			 this Act, the Federal Communications Commission shall promulgate regulations to
			 allow a subscriber to access personally or to give consent to allow researchers
			 with institutional review board approval to access specific usage data required
			 to investigate the link between electromagnetic radiation exposure and
			 potential adverse biological effects in humans.
				(2)Time for
			 replySuch regulations shall provide that a company regulated by
			 the Commission from whom a subscriber or a researcher, with the consent of an
			 individual subscriber, requests data in accordance with such regulations
			 shall—
					(A)respond to and
			 provide such data within 30 business days; or
					(B)be fined not more
			 than $10,000 per account per day following such 30-day period in accordance
			 with the Communications Act of 1934.
					(3)Data
			 providedThe regulations shall provide that, of the data
			 described in paragraph (1), all relevant data shall be accessible, including
			 the following:
					(A)With respect to
			 the individual subscriber, usage data including the following:
						(i)The date and time
			 the call or data session began and ended.
						(ii)The outgoing and
			 incoming phone number.
						(iii)The carrier
			 modulation, such as GSM, CDMA, UMTS, W–CDMA, or LTE.
						(iv)The frequency
			 band.
						(v)The
			 subscriber location.
						(vi)The number of
			 base stations used.
						(vii)The amount and
			 rate of data transmitted and received.
						(viii)The form of
			 data usage, such as text messaging or other data transmission.
						(B)With respect to
			 the base stations used by each individual subscriber:
						(i)All base stations
			 used in the call or data session.
						(ii)The
			 base station identifiers.
						(iii)The date of
			 installation.
						(iv)The maximum, the
			 average, the total, and the effective radiated power.
						(v)The frequencies
			 and modulation.
						(g)Authorization of
			 appropriationsThere are
			 authorized to be appropriated to the Director and the Administrator a total of
			 $50,000,000 per year for the first 7 fiscal years that begin after the date of
			 the enactment of this Act to carry out this section.
			3.Maximum
			 exposure
			(a)Establishment
				(1)In
			 generalThe Administrator shall promulgate regulations
			 establishing maximum exposure level goals and maximum exposure levels for
			 exposure to electromagnetic fields generated by mobile communication
			 devices.
				(2)Goals and
			 levels
					(A)Maximum exposure
			 level goalA maximum exposure
			 level goal established under paragraph (1) shall be set at the level—
						(i)at
			 which no known or anticipated adverse human biological effects occur;
			 and
						(ii)which allows an
			 adequate margin of safety.
						(B)Maximum exposure
			 level
						(i)In
			 generalA maximum exposure level established under paragraph (1)
			 shall specify a maximum exposure level which is as close to the maximum
			 exposure level goal as feasible.
						(ii)SpecificationIn
			 deriving the maximum exposure levels and maximum exposure level goals, the
			 Administrator may not rely on any human behavior modification, including an
			 expectation of holding the mobile communication device a specified distance
			 away from the head or body.
						(3)ReproducibilityIn
			 promulgating regulations under paragraph (1), the Administrator shall ensure
			 that any method of measurement of a maximum exposure level goal or a maximum
			 exposure level is reproducible by an independent third party.
				(4)Initial goal and
			 level; periodic reviewNot later than 2 years after the date of
			 enactment of this Act, the Administrator shall promulgate final regulations
			 under paragraph (1) establishing initial maximum exposure level goals and
			 maximum exposure levels. Not later than every 2 years thereafter, the
			 Administrator shall—
					(A)review each
			 maximum exposure level goal and maximum exposure level established under
			 paragraph (1), taking into consideration advances in science and
			 technology;
					(B)publish a
			 determination on whether the goal or level should be revised under such
			 paragraph; and
					(C)as appropriate,
			 revise the goal or level.
					(5)ConsiderationsIn
			 promulgating regulations under paragraph (1), the Administrator shall consider
			 and account for—
					(A)whether any research relied upon by the
			 Administrator was funded by an entity whose profitability could be affected by
			 the outcome;
					(B)health outcomes,
			 biological effects, and mechanisms, including—
						(i)sleep
			 disturbance;
						(ii)depression;
						(iii)tremors;
						(iv)headache;
						(v)dizziness;
						(vi)fatigue;
						(vii)irritability;
						(viii)loss of
			 memory;
						(ix)loss of
			 appetite;
						(x)nausea;
						(xi)visual
			 disturbances;
						(xii)hearing loss and
			 tinnitus;
						(xiii)increases in
			 stress proteins;
						(xiv)immune systems
			 alterations;
						(xv)cancers and
			 tumors, including brain tumors and acoustic neuromas, parotid gland tumors, eye
			 cancer, testicular cancer, breast cancer, head or neck melanoma, lymphoma, and
			 leukemia;
						(xvi)reproductive
			 system effects;
						(xvii)DNA
			 breaks;
						(xviii)blood brain
			 barrier leakage; and
						(xix)free radical
			 formation;
						(C)concerns raised by
			 the Federal Radio Frequency Interagency Working Group in its letter dated June
			 17, 1999, and its subsequent letter dated July 16, 2003, about the existing
			 exposure standard;
					(D)vulnerable subpopulations, including
			 children, pregnant women, those with compromised immune systems and
			 hypersensitivity reactions, men and women of reproductive age, and the
			 elderly;
					(E)non-thermal
			 mechanisms of effects, including low-intensity modulated fields;
					(F)multiple exposures
			 in indoor and outdoor environments;
					(G)measurements of
			 exposure and dose including specific absorption rate;
					(H)exposure to
			 extremely low frequency and static electromagnetic fields;
					(I)dose-response and
			 non-dose-response analytic models;
					(J)the practice of
			 averaging exposures over a period of time which masks peak exposures that may
			 cause adverse biological effects;
					(K)individual
			 behaviors that lengthen, intensify, or otherwise modify exposure in a way that
			 increases exposure or spreads exposure to different parts of the body;
					(L)the rapidly changing nature of usage of
			 electromagnetic field emitting products, including trends towards products that
			 increase duration of exposure, such as a wearable mobile communication
			 device;
					(M)effects of low intensity radiofrequency
			 electromagnetic fields;
					(N)effects of
			 modulation of signal, pulse, frequency, amplitude, and power;
					(O)effects of
			 different signaling characteristics, such as phased array exposure;
					(P)effects of changes
			 reflected in electroencephalographies that could lead to seizures or mood
			 alterations;
					(Q)effects of
			 exposure to multiple frequencies of radiofrequency electromagnetic
			 fields;
					(R)effects of
			 extremely low frequency-modulated electromagnetic fields; and
					(S)effects of chronic
			 exposure to radiofrequency electromagnetic fields.
					(6)Interagency
			 advisory committeeThe Administrator shall—
					(A)establish an
			 interagency advisory committee of individuals who are officers or employees of
			 Federal departments and agencies; and
					(B)consult with the committee in establishing
			 maximum exposure level goals and maximum exposure levels under paragraph (1),
			 including with respect to selecting a unit of measurement.
					(b)Implementation
			 by FCCThe Federal Communications Commission shall implement and
			 enforce the standards adopted under subsection (a) as if the standards were
			 promulgated by the Commission under the authority of the Communications Act of
			 1934.
			(c)Conflicts of
			 interest
				(1)ProhibitionAn
			 officer or employee of the Federal Government may not participate in
			 establishing a maximum exposure level goal or maximum exposure level under
			 subsection (a), may not serve as a member of the interagency advisory committee
			 established under subsection (a)(6), and may not participate personally and
			 substantially in the implementation or enforcement of a maximum exposure level
			 goal or maximum exposure level under subsection (b), if such person is in
			 violation of section 208 of title 18, United States Code.
				(2)PenaltyA
			 violation of paragraph (1) shall be treated as a violation of section 208(a) of
			 title 18, United States Code.
				(3)No
			 exemptionsAn exemption under section 208(b) of title 18, United
			 States Code, may not be granted to an officer or employee described in
			 paragraph (1).
				(4)Relation to
			 other provisionsThe prohibition of paragraph (1) is in addition
			 to the prohibition in section 208(a) of title 18, United States Code, and any
			 other prohibition or requirement in Federal law relating to conflicts of
			 interest.
				4.Exposure standard
			 labelingThe Commissioner
			 shall promulgate regulations to provide for labeling of mobile communication
			 devices as set forth in this section. Such labeling shall include the exposure
			 rating of the device, the maximum allowable exposure level, and the maximum
			 allowable exposure goal—
			(1)in a manner that
			 is readily accessible upon regular use of the device;
			(2)at any point of
			 sale in a store in the United States;
			(3)at any point of
			 sale on a Web site engaging in commerce in the United States; and
			(4)on the outside
			 packaging and in the instruction manual.
			5.Reinvigorating
			 American research in electromagnetic radiation and health
			(a)In
			 generalThe Secretary shall
			 expand and intensify the activities of the Department of Health and Human
			 Services to train, and support the training of, scientists in the field of
			 examining the relationship between electromagnetic fields and human health. In
			 carrying out this subsection, the Secretary shall—
				(1)increase the
			 number and size of grants to institutions for such training; and
				(2)increase the
			 number of career development awards for such training for health professionals
			 who intend to build careers in pediatric basic and clinical research, including
			 pediatric pharmacological research.
				(b)National
			 Research Service AwardsSection 487 of the Public Health Service
			 Act (42 U.S.C. 288; relating to Ruth L. Kirschstein National Research Service
			 Awards) is amended—
				(1)in subsection
			 (a)(1)(A)—
					(A)in clause (iii),
			 by striking and at the end;
					(B)in clause (iv), by
			 striking the period at the end and inserting ; and; and
					(C)by adding at the
			 end the following:

							(v)research in the field of examining the
				relationship between electromagnetic fields and human health at public entities
				and private nonprofit academic
				institutions.
							;
				and
					(2)by adding at the
			 end the following:

						(d)There are
				authorized to be appropriated $15,000,000 for fiscal year 2013 and each
				subsequent fiscal year for research under subsection (a)(1)(A)(v). The amounts
				authorized to be appropriated under the preceding sentence are in addition to
				any other amounts authorized to be appropriated to carry out this
				section.
						.
				(c)Loan repayment
			 programPart G of title IV of
			 the Public Health Service Act (42 U.S.C. 288 et seq.) is amended—
				(1)by redesignating
			 the second section 487F (42 U.S.C. 288–6) as section 487G; and
				(2)by inserting after
			 section 487G, as so redesignated, the following:

						487H.Loan repayment
				program for researchers in the field of examining the relationship between
				electromagnetic fields and human health
							(a)In
				generalThe Secretary, acting
				through the Director of the National Institutes of Health, shall establish a
				program to enter into contracts with qualified individuals under which such
				individuals agree to conduct research in the field of examining the
				relationship between electromagnetic fields and human health, in consideration
				of the Federal Government agreeing to repay, for each year of service
				conducting such research, not more than $35,000 of the principal and interest
				of the graduate educational loans of such individuals.
							(b)Application of
				provisionsThe provisions of
				sections 338B, 338C, and 338E shall, except as inconsistent with subsection (a)
				of this section, apply to the program established under subsection (a) to the
				same extent and in the same manner as such provisions apply to the National
				Health Service Corps Loan Repayment Program established in subpart III of part
				D of title III.
							(c)DefinitionTo
				be qualified to receive a contract under subsection (a), an individual shall
				agree to conduct the research at a public or private nonprofit entity.
							(d)Authorization of
				appropriationsTo carry out this section, there is authorized to
				be appropriated $10,000,000 for fiscal year 2013 and each subsequent fiscal
				year.
							.
				6.Clarification of
			 local control related to human healthSection 332(c)(7)(B)(iv) of the
			 Communications Act of 1934 (47 U.S.C. 332(c)(7)(B)(iv)) is amended by striking
			 radio frequency emissions and inserting radiofrequency
			 emissions, excluding the adverse human health effects of emissions of
			 radiofrequency electromagnetic fields,.
		7.DefinitionsFor purposes of this Act:
			(1)AdministratorThe term Administrator means
			 the Administrator of the Environmental Protection Agency.
			(2)CommissionerThe
			 Commissioner means the Commissioner of Food and Drugs.
			(3)DirectorThe term Director means the
			 Director of the National Institute of Environmental Health Sciences.
			(4)Mobile
			 communication deviceThe term mobile communication
			 device means a device defined as a portable device in section 2.1093(b)
			 of title 47, Code of Federal Regulations, and any transmissions from such
			 device.
			(5)SecretaryThe
			 term Secretary means the Secretary of Health and Human
			 Services.


115 HRES 726 : Raising a question of the privileges of the House.
U.S. House of Representatives
2018-02-06
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.

		IV
		115th CONGRESS
		2d Session
		H. RES. 726
		IN THE HOUSE OF REPRESENTATIVES

			February 6, 2018
			Ms. Michelle Lujan Grisham of New Mexico submitted the following resolution; which was laid on the table

		RESOLUTION
		Raising a question of the privileges of the House.

 Whereas, on January 30, 2018, Representative Paul Gosar tweeted a series of statements that included Today, Congressman Paul Gosar contacted the U.S. Capitol Police, as well as Attorney General Jeff Sessions, asking that they consider checking identification of all attending the State of the Union address and arresting any illegal aliens in attendance.;Whereas Representative Gosar went on to tweet Any illegal aliens attempting to go through security, under any pretext of invitation or otherwise, should be arrested and deported, said Congressman Gosar;Whereas Representative Gosar's comments explicitly targeted the DACA recipients that Members of Congress brought as their guests to the State of the Union;Whereas DACA recipients have been granted deferred action, are contributing to this country, and have been thoroughly vetted by the U.S. Citizenship and Immigration Services;Whereas Representative Gosar's actions to inappropriately pressure the U.S. Capitol Police to detain and deport Dreamers, who are staying in the country according to U.S. Department of Homeland Security regulations, intimidated these young people who are already facing fear and uncertainty;Whereas Representative Gosar abused the power in an attempt to interfere with and politicize the United States Capitol Police's efforts to provide for a safe, secure, and open environment during the State of the Union;Whereas Representative Gosar has violated clause 1 of rule XXIII of the Code of Official Conduct which states that A Member, Delegate, Resident Commissioner, officer or employee of the House shall behave at all times in a manner that shall reflect creditably on the House: Now, therefore, be it
 That the House of Representatives strongly condemns Representative Paul Gosar for his inappropriate actions that intimidated State of the Union guests and discredited the House of Representatives.


114 S2427 IS: Disability Integration Act of 2015
U.S. Senate
2015-12-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 2427
		IN THE SENATE OF THE UNITED STATES

			December 18, 2015
			Mr. Schumer introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To prohibit discrimination against individuals with disabilities who need long-term services and
			 supports, and for other purposes.

		1.Short title
 This Act may be cited as the Disability Integration Act of 2015.
		2.Findings and purposes
 (a)FindingsCongress finds the following: (1)In enacting the Americans with Disabilities Act of 1990 (referred to in this Act as the ADA), Congress—
 (A)recognized that historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem; and
 (B)intended that the ADA assure full participation and independent living for individuals with disabilities by addressing discrimination against individuals with disabilities [that] persists in critical areas, including institutionalization. (2)While Congress expected that the ADA’s integration mandate would be interpreted in a manner that ensures that individuals who are eligible for institutional placement are able to exercise a right to community-based long-term services and supports, that expectation has not been fulfilled.
 (3)The holdings of the Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999), and companion cases, have clearly articulated that individuals with disabilities have a civil right under the ADA to participate in society as equal citizens. However, many States still do not provide sufficient community-based long-term services and supports to individuals with disabilities to end segregation in institutions.
 (4)The right to live in the community is necessary for the exercise of the civil rights that the ADA was intended to secure for all individuals with disabilities. The lack of adequate community-based services and supports has imperiled the civil rights of all individuals with disabilities, and has undermined the very promise of the ADA. It is, therefore, necessary to recognize in statute a robust and fully articulated right to community living.
 (5)States, with a few exceptions, continue to approach decisions regarding long-term services and supports from social welfare and budgetary perspectives, but for the promise of the ADA to be fully realized, States must approach these decisions from a civil rights perspective.
 (6)States have not consistently planned to ensure sufficient services and supports for individuals with disabilities, including those with the most significant disabilities, to enable individuals with disabilities to live in the most integrated setting. As a result, many individuals with disabilities who reside in institutions are prevented from residing in the community and individuals with disabilities who are not in institutions find themselves at risk of institutional placement.
 (7)The continuing existence of unfair and unnecessary institutionalization denies individuals with disabilities the opportunity to live and participate on an equal basis in the community and costs the United States billions of dollars in unnecessary spending related to perpetuating dependency and unnecessary confinement.
 (b)PurposesThe purposes of this Act are— (1)to clarify and strengthen the ADA’s integration mandate in a manner that accelerates State compliance;
 (2)to clarify that every individual who is eligible for long-term services and supports has a Federally protected right to be meaningfully integrated into that individual’s community and receive community-based long-term services and supports;
 (3)to ensure that States provide long-term services and supports to individuals with disabilities in a manner that allows individuals with disabilities to live in the most integrated setting, including the individual’s own home, have maximum control over their services and supports, and ensure that long-term services and supports are provided in a manner that allows individuals with disabilities to lead an independent life;
 (4)to establish a comprehensive State planning requirement that includes enforceable, measurable objectives that are designed to transition individuals with all types of disabilities at all ages out of institutions and into the most integrated setting; and
 (5)to establish a requirement for clear and uniform annual public reporting by States that includes reporting about—
 (A)the number of individuals with disabilities who are served in the community and the number who are served in institutions; and
 (B)the number of individuals with disabilities who have transitioned from an institution to a community-based living situation, and the type of community-based living situation into which those individuals have transitioned.
					3.Definitions and rule
 (a)DefinitionsIn this Act: (1)Activities of daily livingThe term activities of daily living has the meaning given the term in section 441.505 of title 42, Code of Federal Regulations (or a successor regulation).
 (2)AdministratorThe term Administrator means— (A)the Administrator of the Administration for Community Living; or
 (B)another designee of the Secretary of Health and Human Services. (3)Community-basedThe term community-based, when used in reference to services or supports, means services or supports that are provided to an individual with an LTSS disability to enable that individual to live in the community and lead an independent life, and that are delivered in whichever setting the individual with an LTSS disability has chosen out of the following settings with the following qualities:
 (A)In the case of a dwelling or a nonresidential setting (such as a setting in which an individual with an LTSS disability receives day services and supported employment), a dwelling or setting—
 (i)that, as a matter of infrastructure, environment, amenities, location, services, and features, is integrated into the greater community and supports, for each individual with an LTSS disability who receives services or supports at the setting—
 (I)full access to the greater community (including access to opportunities to seek employment and work in competitive integrated settings, engage in community life, control personal resources, and receive services in the community); and
 (II)access to the greater community to the same extent as access to the community is enjoyed by an individual who is not receiving long-term services or supports;
 (ii)that the individual has selected as a meaningful choice from among nonresidential setting options, including nondisability-specific settings;
 (iii)in which an individual has rights to privacy, dignity, and respect, and freedom from coercion and restraint;
 (iv)that, as a matter of infrastructure, environment, amenities, location, services, and features, optimizes, but does not regiment, individual initiative, autonomy, and independence in making life choices, including choices about daily activities, physical environment, and persons with whom the individual interacts; and
 (v)that, as a matter of infrastructure, environment, amenities, location, services, and features, facilitates individual choice regarding the provision of services and supports, and who provides those services and supports.
 (B)In the case of a dwelling, a dwelling— (i)that is owned by an individual with an LTSS disability or the individual’s family member;
 (ii)that is leased to the individual with an LTSS disability under an individual lease, that has lockable access and egress, and that includes living, sleeping, bathing, and cooking areas over which an individual with an LTSS disability or the individual’s family member has domain and control; or
 (iii)that is a group or shared residence— (I)in which no more than 4 unrelated individuals with an LTSS disability reside;
 (II)for which each individual with an LTSS disability living at the residence owns, rents, or occupies the residence under a legally enforceable agreement under which the individual has, at a minimum, the same responsibilities and protections from eviction as tenants have under applicable landlord-tenant law;
 (III)in which each individual with an LTSS disability living at the residence— (aa)has privacy in the individual’s sleeping unit, including a lockable entrance door controlled by the individual;
 (bb)shares a sleeping unit only if such individual and the individual sharing the unit choose to do so, and if individuals in the residence so choose, they also have a choice of roommates within the residence;
 (cc)has the freedom to furnish and decorate the individual’s sleeping or living unit as permitted under the lease or other agreement;
 (dd)has the freedom and support to control the individual’s own schedules and activities; and (ee)is able to have visitors of the individual’s choosing at any time; and
 (IV)that is physically accessible to the individual with an LTSS disability living at the residence. (4)DwellingThe term dwelling has the meaning given the term in section 802 of the Fair Housing Act (42 U.S.C. 3602).
 (5)Health-related tasksThe term health-related tasks means specific nonacute tasks, typically regulated by States as medical or nursing tasks that an individual with a disability may require to live in the community, including—
 (A)administration of medication;
 (B)assistance with use, operation, and maintenance of a ventilator;
 (C)maintenance of a catheter; and (D)maintenance of a stable ostomy.
 (6)Individual with a disabilityThe term individual with a disability means an individual who is a person with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).
 (7)Individual with an ltss disabilityThe term individual with an LTSS disability means an individual with a disability who— (A)in order to live in the community and lead an independent life requires assistance in accomplishing—
 (i)activities of daily living; (ii)instrumental activities of daily living;
 (iii)health-related tasks; or (iv)other functions, tasks, or activities related to an activity or task described in clause (i), (ii), or (iii); and
 (B)(i)is currently in an institutional placement; or (ii)is at risk of institutionalization if the individual does not receive community-based long-term services and supports.
						(8)Instrumental activities of daily living
 (A)In generalThe term instrumental activities of daily living means 1 or more activities related to living independently in the community, including activities related to—
 (i)nutrition, such as preparing meals or special diets, monitoring to prevent choking or aspiration, or assisting with special utensils;
 (ii)household chores and environmental maintenance tasks; (iii)communication and interpersonal skills, such as—
 (I)using the telephone or other communications devices;
 (II)forming and maintaining interpersonal relationships; or
 (III)securing opportunities to participate in group support or peer-to-peer support arrangements;
 (iv)travel and community participation, such as shopping, arranging appointments, or moving around the community;
 (v)care of others, such as raising children, taking care of pets, or selecting caregivers; or (vi)management of personal property and personal safety, such as—
 (I)taking medication; (II)handling or managing money; or
 (III)responding to emergent situations or unscheduled needs requiring an immediate response.
 (B)AssistanceThe term assistance used with respect to instrumental activities of daily living, includes support provided to an individual by another person due to confusion, dementia, behavioral symptoms, or mental or emotional disabilities, including support to—
 (i)help the individual identify and set goals, overcome fears, and manage transitions;
 (ii)help the individual with executive functioning, decisionmaking, and problem solving; (iii)provide reassurance to the individual; and
 (iv)help the individual with orientation, memory, and other activities related to independent living.
 (9)Long-term service or supportThe terms long-term service or support and LTSS mean the assistance provided to an individual with a disability in accomplishing, acquiring the means or ability to accomplish, maintaining, or enhancing—
 (A)activities of daily living;
 (B)instrumental activities of daily living; (C)health-related tasks; or
 (D)other functions, tasks, or activities related to an activity or task described in subparagraph (A), (B), or (C).
 (10)LTSS insurance providerThe term LTSS insurance provider means a public or private entity that— (A)either directly provides funds for long-term services and supports; and
 (B)is engaged in commerce or in an industry or activity affecting commerce. (11)Public entity (A)In generalThe term public entity means an entity that—
 (i)provides or funds institutional placements for individuals with LTSS disabilities; and (ii)is—
 (I)a State or local government; or (II)any department, agency, entity administering a special purpose district, or other instrumentality, of a State or local government.
 (B)Interstate commerceFor purposes of subparagraph (A), a public entity shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce.
 (b)Rule of constructionNothing in subsection (a)(2) or any other provision of this section shall be construed to preclude an individual with a disability from receiving community-based services and supports in an integrated community setting such as a grocery store, retail establishment, restaurant, bank, park, concert venue, theater, or workplace.
			4.Discrimination
 (a)In generalNo public entity or LTSS insurance provider shall deny an individual with an LTSS disability who is eligible for institutional placement, or otherwise discriminate against that individual in the provision of, community-based long-term services and supports that enable the individual to live in the community and lead an independent life.
 (b)Specific prohibitionsFor purposes of this Act, discrimination by a public entity or LTSS insurance provider includes— (1)the imposition or application of eligibility criteria or another policy that prevents or tends to prevent an individual with an LTSS disability, or any class of individuals with LTSS disabilities, from receiving a community-based long-term service or support;
 (2)the imposition or application of a policy or other mechanism, such as a service or cost cap, that prevent or tends to prevent an individual with an LTSS disability, or any class of individuals with LTSS disabilities, from receiving a community-based long-term service or support;
 (3)a failure to provide a specific community-based long-term service or support or a type of community-based long-term service or support needed for an individual with an LTSS disability, or any class of individuals with LTSS disabilities;
 (4)the imposition or application of a policy, rule, regulation, or restriction that interferes with the opportunity for an individual with an LTSS disability, or any class of individuals with LTSS disabilities, to live in the community and lead an independent life, which may include a requirement that an individual with an LTSS disability receive a service or support (such as day services or employment services) in a congregate or disability-specific setting;
 (5)the imposition or application of a waiting list or other mechanism that delays or restricts access of an individual with an LTSS disability to a community-based long-term service or support;
 (6)a failure to establish an adequate rate or other payment structure that is necessary to ensure the availability of a workforce sufficient to support an individual with an LTSS disability in living in the community and leading an independent life;
 (7)a failure to provide community-based services and supports, on an intermittent, short-term, or emergent basis, that assist an individual with an LTSS disability to live in the community and lead an independent life;
 (8)the imposition or application of a policy, such as a requirement that an individual utilize informal support, that restricts, limits, or delays the ability of an individual with an LTSS disability to secure a community-based long-term service or support to live in the community or lead an independent life;
 (9)a failure to implement a formal procedure and a mechanism to ensure that— (A)individuals with LTSS disabilities are offered the alternative of community-based long-term services and supports prior to institutionalization; and
 (B)if selected by an individual with an LTSS disability, the community-based long-term services and supports described in subparagraph (A) are provided;
 (10)a failure to ensure that each institutionalized individual with an LTSS disability is regularly notified of the alternative of community-based long-term services and supports and that those community-based long-term services and supports are provided if the individual with an LTSS disability selects such services and supports; and
 (11)a failure to make a reasonable modification in a policy, practice, or procedure, when such modification is necessary to allow an individual with an LTSS disability to receive a community-based long-term service or support.
 (c)Additional prohibitionFor purposes of this Act, discrimination by a public entity also includes a failure to ensure that there is sufficient availability of affordable, accessible, and integrated housing to allow an individual with an LTSS disability to choose to live in the community and lead an independent life, including the availability of an option to live in housing where the receipt of LTSS is not tied to tenancy.
 (d)ConstructionNothing in this section shall be construed so as to prevent a public entity or LTSS insurance provider from providing community-based long-term services and supports at a level that is greater than the level that is required by this section.
			5.Administration
			(a)Authority and responsibility
 (1)Department of justiceThe Attorney General shall— (A)investigate and take enforcement action for violations of this Act; and
 (B)enforce section 6(c). (2)Department of health and human servicesThe Secretary of Health and Human Services, through the Administrator, shall—
 (A)conduct studies regarding the nature and extent of institutionalization of individuals with LTSS disabilities in representative communities, including urban, suburban, and rural communities, throughout the United States;
 (B)publish and disseminate reports, recommendations, and information derived from such studies, including an annual report to Congress, specifying—
 (i)the nature and extent of progress in the United States in eliminating institutionalization for individuals with LTSS disabilities in violation of this Act and furthering the purposes of this Act;
 (ii)obstacles that remain in the effort to achieve the provision of community-based long-term services and supports for all individuals with LTSS disabilities; and
 (iii)recommendations for further legislative or executive action; (C)cooperate with, and provide technical assistance to, Federal, State, and local public or private agencies and organizations that are formulating or carrying out programs to prevent or eliminate institutionalization of individuals with LTSS disabilities or to promote the provision of community-based long-term services and supports;
 (D)implement educational and conciliatory activities to further the purposes of this Act; and (E)refer information on violations of this Act to the Attorney General for investigation and enforcement action under this Act.
 (b)Cooperation of executive departments and agenciesEach Federal agency and, in particular, each Federal agency covered by Executive Order 13217 (66 Fed. Reg. 33155; relating to community-based alternatives for individuals with disabilities), shall carry out programs and activities relating to the institutionalization of individuals with LTSS disabilities and the provision of community-based long-term services and supports for individuals with LTSS disabilities in accordance with this Act and shall cooperate with the Attorney General and the Administrator to further the purposes of this Act.
			6.Regulations
 (a)Issuance of regulationsNot later than 24 months after the date of enactment of this Act, the Attorney General and the Secretary of Health and Human Services shall issue, in accordance with section 553 of title 5, United States Code, final regulations to carry out this Act, which shall include the regulations described in subsection (b).
			(b)Required contents of regulations
 (1)Eligible recipients of serviceThe regulations shall require each public entity and LTSS insurance provider to offer, and, if accepted, provide community-based long-term services and supports as required under this Act to any individual with an LTSS disability who would otherwise qualify for institutional placement provided or funded by the public entity or LTSS insurance provider.
 (2)Services to be providedThe regulations issued under this section shall require each public entity and LTSS insurance provider to provide the Attorney General and the Administrator with an assurance that the public entity or LTSS insurance provider—
 (A)ensures that individuals with LTSS disabilities receive, as an alternative to institutional placement, assistance through hands-on assistance, training, cueing, and safety monitoring, including access to backup systems, with—
 (i)activities of daily living; (ii)instrumental activities of daily living;
 (iii)health-related tasks; or (iv)other functions, tasks, or activities related to an activity or task described in clause (i), (ii), or (iii);
 (B)coordinates, conducts, performs, provides, or funds discharge planning from acute, rehabilitation, and long-term facilities to promote individuals with LTSS disabilities living in the most integrated setting chosen by the individuals;
 (C)issues, conducts, performs, provides, or funds policies and programs to promote self-direction and the provision of consumer-directed services and supports for all populations of individuals with LTSS disabilities served;
 (D)issues, conducts, performs, provides, or funds policies and programs to support informal caregivers who provide services for individuals with LTSS disabilities; and
 (E)ensures that individuals with all types of LTSS disabilities are able to live in the community and lead an independent life, including ensuring that the individuals have maximum control over the services and supports that the individuals receive, choose the setting in which the individuals receive those services and supports, and exercise control and direction over their own lives to the greatest extent possible.
					(3)Public participation
 (A)Public entityThe regulations issued under this section shall require each public entity to carry out an extensive public participation process in preparing the public entity’s self-evaluation under paragraph (5) and transition plan under paragraph (10).
 (B)LTSS insurance providerThe regulations issued under this section shall require each LTSS insurance provider to carry out a public participation process that involves holding a public hearing, providing an opportunity for public comment, and consulting with individuals with LTSS disabilities, in preparing the LTSS insurance provider’s self-evaluation under paragraph (5).
 (C)ProcessIn carrying out a public participation process under subparagraph (A) or (B), a public entity or LTSS insurance provider shall ensure that the process meets the requirements of subparagraphs (A) and (C) of section 1115(d)(2) of the Social Security Act (42 U.S.C. 1315(d)(2)), except that—
 (i)the reference to at the State level shall be disregarded; and (ii)the reference to an application shall be considered to be a reference to the self-evaluation or plan involved.
 (4)Additional services and supportsThe regulations issued under this section shall establish circumstances under which a public entity shall provide community-based long-term services and supports under this section beyond the level of community-based long-term services and supports which would otherwise be required under this subsection.
				(5)Self-evaluation
 (A)In generalThe regulations issued under this section shall require each public entity and each LTSS insurance provider, not later than 30 months after the date of enactment of this Act, to evaluate current services, policies, and practices, and the effects thereof, that do not or may not meet the requirements of this Act and, to the extent modification of any such services, policies, and practices is required to meet the requirements of this Act, make the necessary modifications. The self-evaluation shall include—
 (i)collection of baseline information, including the numbers of individuals with LTSS disabilities in various institutional and community-based settings served by the public entity or LTSS insurance provider;
 (ii)a review of community capacity, in communities served by the entity or provider, in providing community-based long-term services and supports;
 (iii)identification of improvements needed to ensure that all community-based long-term services and supports provided by the public entity or LTSS insurance provider to individuals with LTSS disabilities are comprehensive, are accessible, are not duplicative of existing (as of the date of the identification) services and supports, meet the needs of persons who are likely to require assistance in order to live, or lead a life, as described in section 4(a), and are high-quality services and supports, which may include identifying system improvements that create an option to self-direct receipt of such services and supports for all populations of such individuals served; and
 (iv)a review of funding sources for community-based long-term services and supports and an analysis of how those funding sources could be organized into a fair, coherent system that affords individuals reasonable and timely access to community-based long-term services and supports.
 (B)Public entityA public entity, including a LTSS insurance provider that is a public entity, shall— (i)include in the self-evaluation described in subparagraph (A)—
 (I)an assessment of the availability of accessible, affordable transportation across the State involved and whether transportation barriers prevent individuals from receiving long-term services and supports in the most integrated setting; and
 (II)an assessment of the availability of integrated employment opportunities in the jurisdiction served by the public entity for individuals with LTSS disabilities; and
 (ii)provide the self-evaluation described in subparagraph (A) to the Attorney General and the Administrator.
 (C)LTSS insurance providerA LTSS insurance provider shall keep the self-evaluation described in subparagraph (A) on file, and may be required to produce such self-evaluation in the event of a review, investigation, or action described in section 8.
 (6)Additional requirement for public entitiesThe regulations issued under this section shall require a public entity, in conjunction with the housing agencies serving the jurisdiction served by the public entity, to review and improve community capacity, in all communities throughout the entirety of that jurisdiction, in providing affordable, accessible, and integrated housing, including an evaluation of available units, unmet need, and other identifiable barriers to the provision of that housing. In carrying out that improvement, the public entity, in conjunction with such housing agencies, shall—
 (A)ensure, and assure the Attorney General that there is, sufficient availability of affordable, accessible, and integrated housing in a setting that is not a disability-specific residential setting or a setting where services are tied to tenancy, in order to provide individuals with LTSS disabilities a meaningful choice in their housing;
 (B)in order to address the need for affordable, accessible, and integrated housing—
 (i)in the case of such a housing agency, establish relationships with State and local housing authorities; and
 (ii)in the case of the public entity, establish relationships with State and local housing agencies, including housing authorities;
 (C)establish, where needed, necessary preferences and set-asides in housing programs for individuals with LTSS disabilities who are transitioning from or avoiding institutional placement;
 (D)establish a process to fund necessary home modifications so that individuals with LTSS disabilities can live independently; and
 (E)ensure, and assure the Attorney General, that funds and programs implemented or overseen by the public entity or in the public entity’s jurisdiction are targeted toward affordable, accessible, integrated housing for individuals with an LTSS disability who have the lowest income levels in the jurisdiction as a priority over any other development until capacity barriers for such housing are removed or unmet needs for such housing have been met.
 (7)Designation of responsible employeeThe regulations issued under this section shall require each public entity and LTSS insurance provider to designate at least one employee to coordinate the entity’s or provider’s efforts to comply with and carry out the entity or provider’s responsibilities under this Act, including the investigation of any complaint communicated to the entity or provider that alleges a violation of this Act. Each public entity and LTSS insurance provider shall make available to all interested individuals the name, office address, and telephone number of the employee designated pursuant to this paragraph.
 (8)Grievance proceduresThe regulations issued under this section shall require public entities and LTSS insurance providers to adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging a violation of this Act.
 (9)Provision of service by othersThe regulations issued under this section shall require each public entity submitting a self-evaluation under paragraph (5) to identify, as part of the transition plan described in paragraph (10), any other entity that is, or acts as, an agent, subcontractor, or other instrumentality of the public entity with regards to a service, support, policy, or practice described in such plan or self-evaluation.
 (10)Transition plansThe regulations issued under this section shall require each public entity, not later than 42 months after the date of enactment of this Act, to submit to the Administrator, and begin implementing, a transition plan for carrying out this Act that establishes the achievement of the requirements of this Act, as soon as practicable, but in no event later than 12 years after the date of enactment of this Act. The transition plan shall—
 (A)establish measurable objectives to address the barriers to community living identified in the self-evaluation under paragraph (5);
 (B)establish specific annual targets for the transition of individuals with LTSS disabilities, and shifts in funding, from institutional settings to integrated community-based services and supports, and related programs; and
 (C)describe the manner in which the public entity has obtained or plans to obtain necessary funding and resources needed for implementation of the plan (regardless of whether the entity began carrying out the objectives of this Act prior to the date of enactment of this Act).
					(11)Annual reporting
 (A)In generalThe regulations issued under this section shall establish annual reporting requirements for each public entity covered by this section.
 (B)Progress on objectives and targetsThe regulations issued under this section shall require each public entity that has submitted a transition plan to submit to the Administrator an annual report on the progress the public entity has made during the previous year in meeting the measurable objectives and specific annual targets described in subparagraphs (A) and (B) of paragraph (10).
 (12)Other provisionsThe regulations issued under this section shall include such other provisions and requirements as the Attorney General and the Secretary of Health and Human Services determine are necessary to carry out the objectives of this Act.
				(c)Review of transition plans
 (1)General ruleThe Administrator shall review a transition plan submitted in accordance with subsection (b)(10) for the purpose of determining whether such plan meets the requirements of this Act, including the regulations issued under this section.
 (2)DisapprovalIf the Administrator determines that a transition plan reviewed under this subsection fails to meet the requirements of this Act, the Administrator shall disapprove the transition plan and notify the public entity that submitted the transition plan of, and the reasons for, such disapproval.
 (3)Modification of disapproved planNot later than 90 days after the date of disapproval of a transition plan under this subsection, the public entity that submitted the transition plan shall modify the transition plan to meet the requirements of this section and shall submit to the Administrator, and commence implementation of, such modified transition plan.
				(4)Incentives
 (A)DeterminationFor 10 years after the issuance of the regulations described in subsection (a), the Secretary of Health and Human Services shall annually determine whether each State, or each other public entity in the State, is complying with the transition plan or modified transition plan the State or other public entity submitted, and obtained approval for, under this section. Notwithstanding any other provision of law, if the Secretary of Health and Human Services determines under this subparagraph that the State or other public entity is complying with the corresponding transition plan, the Secretary shall make the increase described in subparagraph (B).
 (B)Increase in FMAPOn making the determination described in subparagraph (A) for a public entity (including a State), the Secretary of Health and Human Services shall, as described in subparagraph (C), increase by 5 percentage points the FMAP for the State in which the public entity is located for amounts expended by the State for medical assistance consisting of home and community-based services furnished under the State Medicaid plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or a waiver of such plan—
 (i)that— (I)are identified by a public entity or LTSS insurance provider under subsection(b)(5)(A)(iii);
 (II)resulted from shifts in funding identified by a public entity under subsection (b)(10)(B); or
 (III)are environmental modifications to achieve the affordable, accessible, integrated housing identified by a public entity under subsection (b)(6)(E); and
 (ii)are described by the State in a request to the Secretary of Health and Human Services for the increase.
 (C)Period of increaseThe Secretary of Health and Human Services shall increase the FMAP described in subparagraph (B)—
 (i)beginning with the first quarter that begins after the date of the determination; and
 (ii)ending with the quarter in which the next annual determination under subparagraph (A) occurs. (D)DefinitionsIn this paragraph:
 (i)FMAPThe term FMAP means the Federal medical assistance percentage for a State determined under section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) without regard to any increases in that percentage applicable under other subsections of that section or any other provision of law, including this section.
 (ii)Home and community-based services definedThe term home and community-based services means any of the following services provided under a State Medicaid plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or a waiver of such plan:
 (I)Home and community-based services provided under subsection (c), (d), or (i) of section 1915 of the Social Security Act (42 U.S.C. 1396n).
 (II)Home health care services. (III)Personal care services.
 (IV)Services described in section 1905(a)(26) of the Social Security Act (42 U.S.C. 1395d(a)(26)) (relating to PACE program services).
 (V)Self-directed personal assistance services provided in accordance with section 1915(j) of the Social Security Act (42 U.S.C. 1396n(j)).
 (VI)Community-based attendant services and supports provided in accordance with section 1915(k) of the Social Security Act (42 U.S.C. 1396n(k)).
 (d)Rule of constructionNothing in subsection (b)(10) or (c) or any other provision of this Act shall be construed to modify the requirements of any other Federal law, relating to integration of individuals with disabilities into the community and enabling those individuals to live in the most integrated setting.
 7.Exemptions for religious organizationsThis Act shall not prohibit a religious organization, association, or society from giving preference in providing community-based long-term services and supports to individuals of a particular religion connected with the beliefs of such organization, association, or society.
		8.Enforcement
			(a)Civil action
 (1)In generalA civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by an individual described in paragraph (2) in an appropriate Federal district court.
 (2)Aggrieved individualThe remedies and procedures set forth in this section are the remedies and procedures this Act provides to any individual who is being subjected to a violation of this Act, or who has reasonable grounds for believing that such individual is about to be subjected to such a violation.
 (3)Appointment of attorney; no fees, costs, or securityUpon application by the complainant described in paragraph (2) and in such circumstances as the court may determine to be just, the court may appoint an attorney for the complainant and may authorize the commencement of such civil action without the payment of fees, costs, or security.
 (4)Futile gesture not requiredNothing in this section shall require an individual with an LTSS disability to engage in a futile gesture if such person has actual notice that a public entity or LTSS insurance provider does not intend to comply with the provisions of this Act.
 (b)Damages and injunctive reliefIf the court finds that a violation of this Act has occurred or is about to occur, the court may award to the complainant—
 (1)actual and punitive damages; (2)immediate injunctive relief to prevent institutionalization;
 (3)as the court determines to be appropriate, any permanent or temporary injunction (including an order to immediately provide or maintain community-based long-term services or supports for an individual to prevent institutionalization or further institutionalization), temporary restraining order, or other order (including an order enjoining the defendant from engaging in a practice that violates this Act or ordering such affirmative action as may be appropriate); and
 (4)in an appropriate case, injunctive relief to require the modification of a policy, practice, or procedure, or the provision of an alternative method of providing LTSS, to the extent required by this Act.
 (c)Attorney’s fees; liability of United States for costsIn any action commenced pursuant to this Act, the court, in its discretion, may allow the party bringing a claim or counterclaim under this Act, other than the United States, a reasonable attorney’s fee as part of the costs, and the United States shall be liable for costs to the same extent as a private person.
			(d)Enforcement by attorney general
				(1)Denial of rights
 (A)Duty to investigateThe Attorney General shall investigate alleged violations of this Act, and shall undertake periodic reviews of the compliance of public entities and LTSS insurance providers under this Act.
 (B)Potential violationThe Attorney General may commence a civil action in any appropriate Federal district court if the Attorney General has reasonable cause to believe that—
 (i)any public entity or LTSS insurance provider, including a group of public entities or LTSS insurance providers, is engaged in a pattern or practice of violations of this Act; or
 (ii)any individual, including a group, has been subjected to a violation of this Act and the violation raises an issue of general public importance.
 (2)Authority of courtIn a civil action under paragraph (1)(B), the court— (A)may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this Act—
 (i)granting temporary, preliminary, or permanent relief; and (ii)requiring the modification of a policy, practice, or procedure, or the provision of an alternative method of providing LTSS;
 (B)may award such other relief as the court considers to be appropriate, including damages to individuals described in subsection (a)(2), when requested by the Attorney General; and
 (C)may, to vindicate the public interest, assess a civil penalty against the public entity or LTSS insurance provider in an amount—
 (i)not exceeding $100,000 for a first violation; and (ii)not exceeding $200,000 for any subsequent violation.
 (3)Single violationFor purposes of paragraph (2)(C), in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the public entity or LTSS insurance provider has engaged in more than one violation of this Act shall be counted as a single violation.
 9.ConstructionFor purposes of construing this Act— (1)section 4(b)(11) shall be construed in a manner that takes into account its similarities with section 302(b)(2)(A)(ii) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12182(b)(2)(A)(ii));
 (2)the first sentence of section 6(b)(5)(A) shall be construed in a manner that takes into account its similarities with section 35.105(a) of title 28, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act), or a successor regulation;
 (3)section 7 shall be construed in a manner that takes into account its similarities with section 807(a) of the Civil Rights Act of 1968 (42 U.S.C. 3607(a));
 (4)section 8(a)(2) shall be construed in a manner that takes into account its similarities with section 308(a)(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12188(a)(1)); and
 (5)section 8(d)(1)(B) shall be construed in a manner that takes into account its similarities with section 308(b)(1)(B) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12188(b)(1)(B)).


114 HRES 159 IH: Expressing the sense of the House of Representatives that the current record breaking wealth gap is a national problem for the nation’s economic security, and that broad-based, generational and systemic inequities continue to distort economic progress and opportunity for tens of millions of Americans -especially low and middle-income Americans and communities of color.
U.S. House of Representatives
2015-03-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
114th CONGRESS
1st Session
H. RES. 159
IN THE HOUSE OF REPRESENTATIVES

March 18, 2015
Ms. Maxine Waters of California (for herself, Ms. Norton, Mr. Meeks, Mr. Rangel, Ms. Fudge, Mr. Clyburn, Mr. Thompson of Mississippi, Ms. Clarke of New York, Mr. Butterfield, Ms. Lee, Mr. Lewis, Mrs. Beatty, Mr. Ted Lieu of California, Mr. Richmond, Ms. Bass, Ms. Kaptur, Ms. DeLauro, Ms. Moore, Mr. Al Green of Texas, Mr. Clay, Ms. Jackson Lee, Ms. Wilson of Florida, Mr. Cummings, Mr. Jeffries, Mr. Hastings, Mr. Cleaver, Mr. McDermott, Ms. Chu of California, Mr. Vargas, Ms. Slaughter, Mr. Pocan, Ms. Plaskett, Mr. Nadler, Mr. Veasey, Ms. Sewell of Alabama, Mrs. Watson Coleman, Mr. Rush, Ms. Adams, Mr. Thompson of California, Mr. Hinojosa, Mr. McGovern, Mr. Carson of Indiana, Mr. Delaney, Ms. Schakowsky, Mr. Van Hollen, Mr. Serrano, Mr. Ellison, Ms. Edwards, Mr. Johnson of Georgia, Mr. David Scott of Georgia, Ms. Brown of Florida, Mr. Lynch, and Ms. Kelly of Illinois) submitted the following resolution; which was referred to the Committee on Education and the Workforce

RESOLUTION
Expressing the sense of the House of Representatives that the current record breaking wealth gap is a national problem for the nation’s economic security, and that broad-based, generational and systemic inequities continue to distort economic progress and opportunity for tens of millions of Americans -especially low and middle-income Americans and communities of color.

Whereas wealth is the difference between the value of a family’s assets and debts, and is considered a measure of a family’s ability to buy a home, start a businesses, sustain emergencies, fund educational goals, provide intergenerational inheritance, and save for retirement;  Whereas wealth inequality has reached a record level high and has become a central concern over whether the United States is on a sustainable economic path;
Whereas, in 1983, when the Federal Reserve first started collecting wealth data, upper-income household wealth was $318,000, middle-income household was $94,300 and lower-income household wealth was $11,400;  Whereas, since 1983, upper-income household wealth has doubled to $639,400, middle-income household wealth has risen by roughly $2,000 to $96,500 and lower-income household wealth has decreased by over $2,000 and is currently $9,300;
Whereas upper-income household wealth is currently 6.6 times higher than the wealth of middle-income households and is nearly 70 times that of the Nation’s lower-income households;  Whereas the wealthiest 20% of the population holds over 80% of the Nation’s wealth and the top 1% possess approximately 37% of the Nation’s wealth;
Whereas households in the bottom 10% declined from having no wealth in 1963 to being roughly $2,000 in debt in 2013;  Whereas the current wealth gap between upper-income households and the rest of the country is the widest gap experienced in 30 years since the Federal Reserve began collecting this data;
Whereas the decline in wealth of the Nation’s middle and lower class has not been shared equally across demographic groups and the wealth gap between communities of color and Whites, commonly known as the racial wealth gap, is also widening;  Whereas according to the Federal Reserve Bank of St. Louis, the average wealth level for White households is $134,000—as compared to $91,000 for Asians, $14,000 for Latinos, and $11,000 for African-Americans, which makes the median wealth of White households 13 times the median wealth of Black households, and more than 10 times the median wealth of Latino households;
Whereas the median liquid wealth for African-American households is $200, $340 for Latinos, $19,500 for Asians, and $23,000 for whites;  Whereas, in 2013, White households had $100,000 more in liquid retirement savings than African-American or Latino households, who held roughly $19,000 and $12,000 in liquid retirement savings, respectively;
Whereas wealth in America is primarily accumulated through home equity and making home ownership an important strategy of financial stability and moving families out of poverty, especially for middle class families and communities of color;  Whereas in 2007, homeownership accounted for 65% of middle-income household wealth and 32% for upper-income household wealth;
Whereas, prior to 2007, for African-American households, homeownership constituted 92% of their wealth and 67% of Latino household wealth, compared to 58% of wealth for White households;  Whereas the current unprecedented wealth gap was fueled by the Great Recession of 2007–2009 when home prices fell by 24%, $10 trillion was lost in the stock market, almost 5 million homes fell into foreclosure, and the Nation experienced general financial decline;
Whereas during the Great Recession, upper-income household wealth declined by 17%, while middle-income household wealth declined by 39%, and low-income household wealth declined by 41%;  Whereas the Great Recession had the most profound impact on African-Americans whose wealth declined by approximately 52%, and Latino households whose wealth declined by 66%, compared to a 16% decrease in wealth for White households;
Whereas the Great Recession reduced the value of homes disproportionately for minorities as the average real home values for Latino homeowners decreased nearly $100,000 or 35% and nearly $69,000 or 31% for African-American homeowners, while the average home values for White homeowners fell 15% over this same period;  Whereas upper-income households have largely recouped much of their losses from the Great Recession, while middle- and lower-income households and people of color have yet to experience the effects of the Nation’s economic recovery;
Whereas 95% of economic gains during the recovery period from the Great Recession went to the top 1% of the population;  Whereas, during the recovery, the median wealth of White households increased by 2.4% from $138,600 to $141,900, while the median wealth of African-American households fell 33.7%, from $16,600 to $11,000 and the median wealth for Latino households decreased by 14.3%, from $16,000 to $13,700;
Whereas upper-income families were largely able to weather the storm of the Great Recession due to an ability to invest in the stock market and other financial products, which have been the primary source of much of the Nation’s gains in wealth since the economic crisis;  Whereas, in 2007, the wealthiest 20% of households held 15% of their wealth in investments, stocks, and other similar financial products, the wealthiest 1% of households held 25% of their wealth in investments and stocks, and middle-income households held just 3% of their wealth in similar stocks, investments, and other financial products;
Whereas wages and income largely determine a family’s ability to invest in the stock market;  Whereas middle- and low-income households and communities of color have experienced wage stagnation requiring them to spend the majority of their income on everyday items and basic needs, as opposed to investment in the stock market, which has recovered and generated wealth more quickly than the housing market;
Whereas, since 1979, middle-wage workers’ hourly wages have risen 6%, low-wage workers’ wages have decreased 5%, and upper-wage workers have experienced a 41% wage increase;  Whereas, from 1980–2013, households with the top 1% of income experienced wage growth at a rate of 138%, while wages of households in the bottom 90% experienced wage growth at a rate of 15%;
Whereas, CEOs now make 296 times what a typical worker earns;  Whereas income inequality also falls along racial lines as during the years of economic recovery, the median income of minority households fell 9% compared to a decrease of just 1% for White households, leaving minority households with less money to replenish savings and invest in the stock market even after the Great Recession;
Whereas President Barack Obama has stated that the growing inequality in our country and lack of upward mobility for the middle class is the “defining challenge of our time”;  Whereas Federal Reserve Chair, Janet Yellen, has warned that income inequality is a “very serious problem”;
Whereas a September 2014 study by Harvard Business School, titled, “An Economy Doing Half Its Job” stated that the growing disparity between the very wealthy and the lower and middle classes is no longer sustainable;  Whereas in a draft statement, the Group of 20 finance officials, commonly known as G–20, for the first time warned that growing income inequality could harm economic growth; and
Whereas economists at the International Monetary Fund have argued that higher inequality is correlated with lower and less, long-lasting growth: Now, therefore, be it  That the House of Representatives—
(1)recognizes that all families need to be economically secure to create opportunities for their children and the Nation’s next generation;  (2)recognizes that wealth and income inequality hurt economic growth and risks economic security for individual families, our communities, and the Nation as a whole;
(3)supports the elimination of the wealth gap and the racial wealth gap as national economic security priorities; and  (4)acknowledges that Congress has a responsibility to implement thoughtful, proven and pragmatic policy strategies to eliminate the wealth gap and the racial wealth gap.


		II
		111th CONGRESS
		1st Session
		S. 2888
		IN THE SENATE OF THE UNITED STATES

			December 16, 2009
			Mr. Cardin introduced
			 the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend section 205 of title 18, United States Code, to
		  exempt qualifying law school students participating in legal clinics from the
		  application of the general conflict of interest rules under such
		  section.

		1.Short
			 titleThis Act may be cited as
			 the Law Student Clinic Participation
			 Act of 2009.
		2.Law student and
			 legal clinic staff conflict of interest exemptionSection 205 of title 18, United States Code,
			 is amended by inserting at the end the following:

				(j)Federal legal
				clinic staff conflict of interest exemptionSubsection (a) does
				not apply to a law student or legal clinic staff member participating in the
				legal clinic or externship of an accredited law school, for a covered matter
				within the scope of the clinic, unless—
					(1)the student or
				staff has participated personally and substantially in the covered matter as a
				Government employee or special Government employee through decision, approval,
				disapproval, recommendation, the rendering of advice, investigation, or
				otherwise; or
					(2)the covered
				matter is pending in the department or agency of the Government in which the
				student is serving.
					(k)District of
				Columbia legal clinic staff conflict of interest
				exemptionSubsection (b) does not apply to a legal clinic staff
				member of an accredited law school who is an employee of the District of
				Columbia or considered an employee of the District of Columbia due to work with
				a legal clinic operated by an institution of higher education of the District
				of Columbia for a covered matter within the scope of the clinic, unless—
					(1)the staff has
				participated personally and substantially in the covered matter as a Government
				employee or special Government employee through decision, approval,
				disapproval, recommendation, the rendering of advice, investigation, or
				otherwise; or
					(2)the covered
				matter is pending in the department or agency of the Government in which the
				staff member is
				serving.
					.
		3.Effective
			 dateThis Act and the
			 amendments made by this Act shall take effect 60 days after the date of
			 enactment.


110 HRES 1029 EH: Resolution congratulating and recognizing Mr. Juan Antonio
U.S. House of Representatives
2008-06-19
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.

IV
110th CONGRESS
2d Session
H. RES. 1029
In the House of Representatives, U. S.,

June 19, 2008

RESOLUTION
Resolution congratulating and recognizing Mr. Juan Antonio Chi-Chi Rodriguez for his continued success on and off of the golf course.

Whereas sports figures, through their perseverance, discipline, and good behavior, can serve as examples of excellence, dedication, and devotion to our youth;
Whereas Chi-Chi Rodriguez was born in Rio Piedras, Puerto Rico, on October 23, 1935, to an agricultural laborer and a housekeeper;
Whereas Chi-Chi joined the ranks of golf professionals at the age of 24, reportedly standing at 5 foot seven inches and weighing 117 pounds;
Whereas Chi-Chi Rodriguez had a stellar career in the sport of golf, earning an impressive record of 38 professional wins, including 8 PGA Tour wins and 22 Senior PGA Tour wins;
Whereas his Senior Tour records for most consecutive victories, at 4, and most consecutive birdies, at 8, still stand;
Whereas in 1979, Chi-Chi Rodriguez helped create the Chi-Chi Rodriguez Youth Foundation, and the Chi-Chi Rodriguez Academy in Clearwater, Florida, which help thousands of low-income and disadvantaged youth reach their life potential through educational opportunities and support programs;
Whereas in 1986, the Chi-Chi Rodriguez Youth Foundation was awarded the National Golf Foundation’s Award for Best Youth Program in the United States and the Robie Award for Humanitarianism presented by the Jackie Robinson Foundation;
Whereas Chi-Chi Rodriguez was recognized by the Points of Light Foundation for its youth and community service efforts;
Whereas Chi-Chi Rodriguez and the FBI Agents Association have organized the Chi-Chi Rodriguez G-Man Desert Shootout Tournament to raise funds for college scholarships for the children of FBI agents killed in the line of duty;
Whereas in 1989, the United States Golf Association granted Chi-Chi Rodriguez its highest honor, the Bob Jones Award, in recognition for his distinguished sportsmanship in golf;
Whereas in 1994, Chi-Chi Rodriguez was inducted to the first class of the World Sports Humanitarian Hall of Fame;
Whereas in 1992, Chi-Chi Rodriguez was inducted to the World Golf Hall of Fame;
Whereas in 1973, Chi-Chi Rodriguez was a member of the U.S. team that won the Ryder Cup in Muirfield, Scotland;
Whereas in 1981, Chi-Chi Rodriguez was selected by the Northern Ohio Golf Charities as its first Ambassador of Golf;
Whereas Chi-Chi Rodriguez has received countless other distinguished awards and recognitions such as the 1974 Charlie Bartlett Award of the Golf Writers Association, the 1981 Richardson Award of the Golf Writers Association of America, the 1982 Father of the Year Award, the 1986 Card Walker Award (Outstanding Contribution to Junior Golf), the 1986 Salvation Army Gold Crest Award, the 12th Roberto Clemente Cup, the 1986 Byron Nelson Award, the 1986 Hispanic Achievement Recognition Award, the 1987 Byron Nelson Award, the 1987 Senior Tour Arnold Palmer Award, the 1988 Fred Raphael Golf Achievement Award, the 1989 Old Tom Morris Award, the 1990 “Caring for Kids” Award, the 1991 Jackie Robinson Humanitarian Award, the 1993 Civilian Meritorious Service Medal presented by the Department of Defense, the 1997 International Network of Golf Award, the 1998 Ford Achievement Award, and the 2003 Paul Runyan Memorial Recognition Award, among others; and
Whereas Chi-Chi Rodriguez has authored and coauthored several books and articles about golf, such as Chi Chi’s Secrets of Power Golf  in 1967, Everybody's Golf Book in 1975, Chi Chi's Power Pack in 1982, Every Golfer's Guide to Lower Scores by Chi-Chi Rodriguez in 1990, and Chi Chi's Golf Games You Gotta Play in 2003, among others: Now, therefore, be it

That the House of Representatives—
(1)congratulates Chi-Chi Rodriguez for his successes in the sport of golf; and
(2)commends Chi-Chi Rodriguez for his exemplary conduct as a humanitarian and advocate for underprivileged youth.

Lorraine C. Miller,Clerk.


110 HR 4339 IH: For the relief of Jesus Manuel Cordova

U.S. House of Representatives
2007-12-06
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.

		V
		110th CONGRESS
		1st Session
		H. R. 4339
		IN THE HOUSE OF REPRESENTATIVES

			December 6, 2007
			Mr. Grijalva
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		For the relief of Jesus Manuel Cordova
		  Soberanes.

		1.Permanent resident status for
			 Jesus Manuel Cordova Soberanes
			(a)In
			 GeneralNotwithstanding
			 subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Jesus Manuel
			 Cordova Soberanes shall be eligible for issuance of an immigrant visa or for
			 adjustment of status to that of an alien lawfully admitted for permanent
			 residence upon filing an application for issuance of an immigrant visa under
			 section 204 of such Act or for adjustment of status to lawful permanent
			 resident.
			(b)Adjustment of
			 StatusIf Jesus Manuel
			 Cordova Soberanes enters the United States before the filing deadline specified
			 in subsection (c), he shall be considered to have entered and remained lawfully
			 and shall, if otherwise eligible, be eligible for adjustment of status under
			 section 245 of the Immigration and Nationality
			 Act as of the date of the enactment of this Act.
			(c)Deadline for
			 Application and Payment of FeesSubsections (a) and (b) shall
			 apply only if the application for issuance of an immigrant visa or the
			 application for adjustment of status is filed with appropriate fees within 2
			 years after the date of the enactment of this Act.
			(d)Reduction of
			 Immigrant Visa NumberUpon
			 the granting of an immigrant visa or permanent residence to Jesus Manuel
			 Cordova Soberanes, the Secretary of State shall instruct the proper officer to
			 reduce by 1, during the current or next following fiscal year, the total number
			 of immigrant visas that are made available to natives of the country of the
			 alien’s birth under section 203(a) of the Immigration and Nationality Act or, if
			 applicable, the total number of immigrant visas that are made available to
			 natives of the country of the alien’s birth under section 202(e) of such
			 Act.
			(e)Denial of
			 Preferential Immigration Treatment for Certain RelativesThe natural parents, brothers, and sisters
			 of Jesus Manuel Cordova Soberanes shall not, by virtue of such relationship, be
			 accorded any right, privilege, or status under the
			 Immigration and Nationality
			 Act.


		IV
		112th CONGRESS
		1st Session
		H. RES. 148
		IN THE HOUSE OF REPRESENTATIVES

			March 8, 2011
			Ms. Schakowsky (for
			 herself, Mr. Markey,
			 Mr. Grijalva,
			 Ms. Fudge,
			 Mrs. Davis of California,
			 Mr. Stark,
			 Ms. Norton,
			 Ms. Eddie Bernice Johnson of Texas,
			 Ms. McCollum,
			 Ms. Baldwin,
			 Mr. Carnahan,
			 Mrs. Christensen,
			 Ms. Hirono,
			 Mr. Hinchey,
			 Ms. Speier,
			 Ms. Matsui,
			 Mrs. Maloney,
			 Ms. Wasserman Schultz,
			 Ms. Moore,
			 Mr. Lewis of Georgia,
			 Ms. Wilson of Florida,
			 Mr. Hastings of Florida,
			 Ms. Woolsey,
			 Mr. Farr, Mr. Baca, Ms.
			 DeLauro, Mrs. Lowey,
			 Ms. Loretta Sanchez of California,
			 Mr. Moran,
			 Ms. Bordallo,
			 Ms. Edwards,
			 Ms. Kaptur,
			 Mr. McDermott,
			 Ms. Richardson,
			 Mrs. Capps,
			 Mr. Sires,
			 Mr. Hinojosa,
			 Ms. Clarke of New York,
			 Mr. Cohen,
			 Mr. Gutierrez,
			 Mr. Israel,
			 Ms. Lee of California,
			 Ms. Bass of California,
			 Ms. Sutton,
			 Mr. Serrano,
			 Mr. Conyers,
			 Mr. Smith of Washington,
			 Mr. Yarmuth,
			 Mrs. Napolitano,
			 Mr. Murphy of Connecticut, and
			 Mr. Deutch) submitted the following
			 resolution; which was referred to the Committee on Foreign Affairs, and in
			 addition to the Committee on the Judiciary, 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
		Supporting the goals of International
		  Women’s Day.

		Whereas there are over 3,000,000,000 women in the world,
			 representing 51 percent of the world's population;
		Whereas women continue to play the prominent role in
			 caring for families within the home as well as serving as economic
			 earners;
		Whereas women worldwide are participating in the world of
			 diplomacy and politics, contributing to the growth of economies, and improving
			 the quality of the lives of their families, communities, and nations;
		Whereas women leaders have recently made significant
			 strides, including the 2010 election of Dilma Rousseff as the first female
			 President of Brazil, the 2009 election of Johanna Sigurdardottir as the first
			 female Prime Minister of Iceland, the 2007 election of Congresswoman Nancy
			 Pelosi as the first female Speaker of the United States House of
			 Representatives, the 2006 election of Ellen Johnson-Sirleaf as the President of
			 Liberia, the first female President in Africa's history, and the 2005 election
			 of Angela Merkel as the first female Chancellor of Germany, who also served as
			 the second woman to chair a G8 summit in 2007;
		Whereas women account for 80 percent of the world's
			 70,000,000 micro-borrowers, and 75 percent of the 28,000 United States loans
			 supporting small businesses in Afghanistan are given to women;
		Whereas there are more than 200,000,000 women
			 entrepreneurs worldwide and 15 women are chief executive officers of Fortune
			 500 companies;
		Whereas despite tremendous gains over the past 20 years,
			 women still face political and economic obstacles, struggle for basic rights,
			 face the threat of discrimination, and are targets of violence all over the
			 world;
		Whereas worldwide, women remain vastly underrepresented in
			 national and local assemblies, accounting on average for less than 20 percent
			 of the seats in parliament;
		Whereas women work two-thirds of the world's working
			 hours, produce half of the world's food, yet earn just one-third of the world's
			 income and own less than 2 percent of the world's land;
		Whereas women invest 80 percent of their incomes in their
			 families and in their communities;
		Whereas 70 percent of the 1,300,000,000 people living in
			 poverty around the world are women and children;
		Whereas two-thirds of the 876,000,000 illiterate
			 individuals worldwide are women, two-thirds of the 125,000,000 school-aged
			 children who are not attending school worldwide are girls, and girls are less
			 likely to complete school than boys according to the United States Agency for
			 International Development;
		Whereas worldwide, women account for more than half of the
			 more than 33,000,000 adults living with HIV/AIDS and HIV/AIDS is the leading
			 cause of death and disease among women of reproductive age;
		Whereas globally, nearly 1,000 women die, everyday, from
			 childbirth and pregnancy related causes;
		Whereas domestic violence causes more deaths and
			 disabilities among women between the ages of 15 and 44 than cancer, malaria,
			 traffic accidents, and war combined;
		Whereas around the world, at least 1 out of every 3 women
			 and girls has been beaten, coerced into sex, or abused in some other way in her
			 lifetime;
		Whereas worldwide, 140,000,000 girls and young women have
			 been subjected to female genital mutilation, and it is estimated that 3,000,000
			 girls are at risk of being subjected to this practice;
		Whereas illegal trafficking in women and children for
			 forced labor, domestic servitude, or sexual exploitation involves between
			 1,000,000 and 2,000,000 women and children each year, of whom 50,000 are
			 transported into the United States, according to the Congressional Research
			 Service and the Department of State;
		Whereas 75 percent of the world's 43,000,000 forcibly
			 displaced individuals are women and children;
		Whereas in times and places of conflict and war, women and
			 girls continue to be the focus of extreme violence and intimidation and face
			 tremendous obstacles to legal recourse and justice;
		Whereas March 8 has become known as International Women's
			 Day for the last century, and is a day on which people, often divided by
			 ethnicity, language, culture, and income, come together to celebrate a common
			 struggle for women's equality, justice, and peace; and
		Whereas the people of the United States should be
			 encouraged to participate in International Women's Day: Now, therefore, be
			 it

		That the House of
			 Representatives—
			(1)supports the goals of International Women's
			 Day;
			(2)recognizes and
			 honors the women in the United States and in other countries who have fought
			 and continue to struggle for equality in the face of adversity;
			(3)reaffirms its
			 commitment to ending discrimination and violence against women and girls, to
			 ensuring the safety and welfare of women and girls, and to pursuing policies
			 that guarantee the basic human rights of women and girls both in the United
			 States and in other countries; and
			(4)encourages the
			 President to—
				(A)reaffirm his commitment to pursue policies
			 to protect fundamental human rights and civil liberties, particularly those of
			 women and girls; and
				(B)issue a
			 proclamation calling upon the people of the United States to observe
			 International Women's Day with appropriate programs and activities.


114 S2387 IS: Protection of Social Security Benefits Restoration Act
U.S. Senate
2015-12-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 2387
		IN THE SENATE OF THE UNITED STATES

			December 10, 2015
			Mr. Wyden (for himself, Mr. Brown, Mr. Whitehouse, Mrs. Gillibrand, Ms. Klobuchar, Mr. Sanders, Ms. Warren, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To restore protections for Social Security, Railroad retirement, and Black Lung benefits from
			 administrative offset.

		1.Short title
 This Act may be cited as the Protection of Social Security Benefits Restoration Act.
		2.Protecting Social Security, Railroad retirement, and Black Lung benefits from administrative offset
			(a)Prohibition on administrative offset authority
 (1)Assignment under Social Security ActSection 207 of the Social Security Act (42 U.S.C. 407) is amended by adding at the end the following new subsection:

 (d)Subparagraphs (A), (C), and (D) of section 3716(c)(3) of title 31, United States Code, as such subparagraphs were in effect on the date before the date of enactment of the Protection of Social Security Benefits Restoration Act, shall be null and void and of no effect..
				(2)Conforming amendments
 (A)Section 14(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231m(a)) is amended by adding at the end the following: . The provisions of section 207(d) of the Social Security Act shall apply with respect to this title to the same extent as they apply in the case of title II of such Act..
 (B)Section 2(e) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(e)) is amended by adding at the end the following: The provisions of section 207(d) of the Social Security Act shall apply with respect to this title to the same extent as they apply in the case of title II of such Act.
					(b)Repeal of administrative offset authority
 (1)In generalParagraph (3) of section 3716(c) of title 31, United States Code, is amended— (A)by striking (3)(A)(i) Notwithstanding and all that follows through any overpayment under such program).;
 (B)by striking subparagraphs (C) and (D); and (C)by redesignating subparagraph (B) as paragraph (3).
 (2)Conforming amendmentParagraph (5) of such section is amended by striking the Commissioner of Social Security and. (c)Effective dateThe amendments made by this section shall apply to any collection by administrative offset occurring on or after the date of enactment of this Act of a claim arising before, on, or after the date of enactment of this Act.