113 S1162 IS: To authorize the Administrator of the National Oceanic and Atmospheric Administration to provide certain funds to eligible entities for activities undertaken to address the marine debris impacts of the March 2011 Tohoku earthquake and subsequent tsunami, and for other purposes.
U.S. Senate
2013-06-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 1162
		IN THE SENATE OF THE UNITED STATES

			June 13, 2013
			Mr. Merkley (for
			 himself, Mr. Wyden, and
			 Mrs. Feinstein) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To authorize the Administrator of the National Oceanic
		  and Atmospheric Administration to provide certain funds to eligible entities
		  for activities undertaken to address the marine debris impacts of the March
		  2011 Tohoku earthquake and subsequent tsunami, and for other
		  purposes.

		1.Authority to provide
			 funds
			(a)In
			 generalNotwithstanding any
			 other provision of law, the Administrator of the National Oceanic and
			 Atmospheric Administration may provide funds to an eligible entity impacted by
			 the covered marine debris event to assist such entity with the costs of any
			 activity previously carried out, being carried out, or to be carried out to
			 address the effects of such event.
			(b)FundingThe
			 Administrator may provide funds under subsection (a) using any funds provided
			 by the Government of Japan for activities to address the effects of the covered
			 marine debris event.
			(c)DefinitionsIn this section, the following definitions
			 apply:
				(1)Covered marine
			 debris eventThe term covered marine debris event
			 means the events, including marine debris, resulting from the March 2011 Tohoku
			 earthquake and subsequent tsunami.
				(2)Eligible
			 entityThe term eligible entity means any State,
			 local, or tribal government.


		I
		112th CONGRESS
		2d Session
		H. R. 5911
		IN THE HOUSE OF REPRESENTATIVES

			June 7, 2012
			Mr. Sullivan (for
			 himself, Mr. Murphy of Pennsylvania,
			 Mr. Long, Mrs. Noem, Mr.
			 Schock, Mr. Boren,
			 Mr. Lucas,
			 Mr. Cole, Mr. Lankford, and Mr. Boswell) introduced the following bill; which
			 was referred to the Committee on Energy
			 and Commerce

		A BILL
		To amend the Toxic Substances Control Act relating to
		  lead-based paint renovation and remodeling activities.

		1.Short titleThis Act may be cited as the
			 Lead Exposure Reduction Amendments Act
			 of 2012.
		2.DefinitionsSection 401 of the Toxic Substances Control
			 Act (15 U.S.C. 2681) is amended—
			(1)in paragraph (1)—
				(A)by redesignating subparagraphs (A) and (B)
			 as clauses (i) and (ii), respectively, and indenting the clauses
			 appropriately;
				(B)in the first
			 sentence, by striking The term and inserting the
			 following:

						(A)In
				generalThe
				term
						;
				(C)by striking
			 Such term includes— and inserting the following:

						(B)InclusionsThe
				term abatement includes—
						;
				and
				(D)by adding at the
			 end the following:

						(C)ExclusionsThe
				term abatement does not include any renovation, remodeling, or
				other activity—
							(i)the primary purpose of which is to repair,
				restore, or remodel target housing, public buildings constructed before 1978,
				or commercial buildings; and
							(ii)that incidentally
				results in a reduction or elimination of lead-based paint
				hazards.
							;

				(2)by
			 redesignating—
				(A)paragraphs (4)
			 through (12) as paragraphs (5) through (13);
				(B)paragraph (13) as
			 paragraph (15); and
				(C)paragraphs (14)
			 through (17) and paragraphs (18) through (21), respectively;
				(3)by inserting after
			 paragraph (3) the following:

					(4)Emergency
				renovationThe term
				emergency renovation means a renovation or remodeling activity
				that is carried out in response to an event—
						(A)that is an act of
				God, as that term is defined in section 101(1) of the Comprehensive
				Environmental Response, Compensation, and Liability Act of 1980; or
						(B)that if not attended to as soon as is
				practicable—
							(i)presents a risk to
				the public health or safety; or
							(ii)threatens to
				cause significant damage to equipment or
				property.
							;
			(4)by striking
			 paragraph (10) (as redesignated by paragraph (2)) and inserting the
			 following:

					(10)Lead-based
				paint
						(A)In
				generalThe term lead-based paint means paint or
				other surface coatings that contain lead in excess of—
							(i)1.0 milligrams per
				centimeter squared; or
							(ii)0.5 percent by
				weight.
							(B)Target
				housingWith respect to paint
				or other surface coatings on target housing, the term lead-based
				paint means paint or other surface coatings that contain lead in excess
				of the lower of—
							(i)the level
				described in subparagraph (A); or
							(ii)a level
				established by the Secretary of Housing and Urban Development under section
				302(c) of the Lead-Based Paint Poisoning Prevention
				Act.
							;
			(5)by inserting after
			 paragraph (13) (as redesignated by paragraph (2)) the following:

					(14)Postabatement
				clearance testingThe term postabatement clearance
				testing means testing that—
						(A)is carried out
				upon the completion of any lead-based paint activity to ensure that—
							(i)the reduction is
				complete; and
							(ii)no lead-based paint hazards remain in the
				area in which the lead-based paint activity occurs; and
							(B)includes a visual assessment and the
				collection and analysis of environmental samples from an area in which
				lead-based paint activities occur.
						;
				and
			(6)by inserting after paragraph (15) (as
			 redesignated by paragraph (2)) the following:

					(16)RenovationThe
				term renovation has the meaning given such term in section 745.83
				of title 40, Code of Federal Regulations, as in effect on the date of enactment
				of this paragraph.
					(17)Renovation and
				remodeling regulationThe
				term renovation and remodeling regulation means a regulation
				promulgated under section 402(a) and revised pursuant to section 402(c)(3)(A),
				as such regulation is applied to renovation or remodeling activities in target
				housing, public buildings constructed before 1978, and commercial
				buildings.
					.
			3.Lead-based paint
			 activities training and certificationSection 402(c) of the Toxic Substances
			 Control Act (15 U.S.C. 2682(c)) is amended—
			(1)by striking
			 paragraph (2) and inserting the following:

					(2)Study of
				certification
						(A)In
				generalNot later than 1 year
				prior to proposing any renovation and remodeling regulation after the date of
				enactment of the Lead Exposure Reduction Amendments Act of 2012, the
				Administrator shall conduct, submit to the Congress, and make available for
				public comment (after peer review) the results of, a study of the extent to
				which persons engaged in various types of renovation and remodeling activities
				in target housing, public buildings constructed before 1978, or commercial
				buildings—
							(i)are exposed to
				lead in the conduct of such activities; and
							(ii)disturb lead and
				create a lead-based paint hazard on a regular or occasional basis in the
				conduct of such activities.
							(B)Scope and
				coverageEach study conducted
				under subparagraph (A) shall consider the risks described in clauses (i) and
				(ii) of such subparagraph with respect to each separate building type described
				in such subparagraph, as the regulation to be proposed would apply to each such
				building type.
						;

			(2)in paragraph
			 (3)—
				(A)in the first
			 sentence by striking Within 4 years and inserting the
			 following:

						(A)In
				generalNot later than 4
				years
						;
				and
				(B)by adding at the
			 end the following:

						(B)ExemptionAn emergency renovation shall be exempt
				from any renovation and remodeling regulation, and a person carrying out an
				emergency renovation shall be exempt from any regulation promulgated under
				section 406(b) with respect to the emergency renovation.
						(C)Prohibition on
				postabatement clearance requirementNo renovation and remodeling regulation may
				require postabatement clearance
				testing.
						;
				and
				(3)by adding at the
			 end the following:

					(4)Target housing
				owners
						(A)In
				generalNot later than 60
				days after the date of enactment of this paragraph, and subject to subparagraph
				(B), the Administrator shall promulgate regulations to permit an owner of a
				residential dwelling that is target housing, who resides in such residential
				dwelling, to authorize a contractor to forgo compliance with the requirements
				of a renovation and remodeling regulation with respect to such residential
				dwelling.
						(B)Written
				certificationThe regulations promulgated under subparagraph (A)
				shall require that an owner of a residential dwelling that is target housing,
				who resides in such residential dwelling, may only authorize a contractor to
				forgo compliance with the requirements of a renovation and remodeling
				regulation if the owner submits to such contractor a written certification
				stating that—
							(i)the renovation or remodeling project is to
				be carried out at the residential dwelling in which the owner resides;
							(ii)no pregnant woman or child under the age of
				6 resides in the residential dwelling as of the date on which the renovation or
				remodeling project commences, or will reside in the residential dwelling for
				the duration of such project; and
							(iii)the owner acknowledges that, in carrying
				out the project, such contractor will be exempt from the requirements of a
				renovation and remodeling regulation.
							(C)RestrictionA
				contractor may not forgo compliance with the requirements of a renovation and
				remodeling regulation pursuant to a written certification submitted under
				subparagraph (B) if such contractor has actual knowledge of a pregnant woman or
				child under the age of 6 residing in the residential dwelling as of the date on
				which the renovation or remodeling commences (and for the duration of such
				project).
						(D)Limitation of
				contractor liabilityThe Administrator may not hold a contractor
				responsible for a misrepresentation made by the owner of a residential dwelling
				in a written certification submitted under subparagraph (B), unless the
				contractor has actual knowledge of such a misrepresentation.
						(5)Test
				kits
						(A)In
				general
							(i)RecognitionThe
				Administrator shall recognize for use under this title a qualifying test kit,
				and publish in the Federal Register notice of such recognition.
							(ii)Suspension of
				enforcement of certain regulationsIf, not later than 1 year after the date of
				enactment of this paragraph, the Administrator does not recognize a qualifying
				test kit under clause (i), the Administrator—
								(I)shall publish in
				the Federal Register notice of such failure to recognize a qualifying test kit;
				and
								(II)except as
				provided in clause (iii), may not enforce any post-1960 building renovation and
				remodeling regulation, with respect to a period beginning on the date that is 1
				year after the date of enactment of this paragraph and ending on the date that
				is 6 months after the date on which the Administrator—
									(aa)recognizes for
				use under this title a qualifying test kit; and
									(bb)publishes in the
				Federal Register notice of such recognition and of the date on which
				enforcement of the post-1960 building renovation and remodeling regulations
				will resume.
									(iii)Applicability
				of suspensionThe
				Administrator shall not suspend enforcement of any post-1960 building
				renovation and remodeling regulation for the period described in clause
				(ii)(II) with respect to a residential dwelling in which a pregnant woman or
				child under the age of 6 resides.
							(B)Qualifying test
				kitIn this subsection, the
				term qualifying test kit means a chemical test that—
							(i)can determine the presence of lead-based
				paint, as defined in section 401(10)(A);
							(ii)has a false
				positive response rate of 10 percent or less;
							(iii)has a false
				negative response rate of 5 percent or less;
							(iv)does not require
				the use of off-site laboratory analysis to obtain results;
							(v)is
				inexpensively and commercially available; and
							(vi)does not require
				special training to use.
							(C)Post-1960
				building renovation and remodeling regulationIn this subsection,
				the term post-1960 building renovation and remodeling regulation
				means a renovation and remodeling regulation, as it applies to—
							(i)target housing
				constructed after January 1, 1960;
							(ii)public buildings constructed between
				January 1, 1960 and January 1, 1978; and
							(iii)commercial buildings constructed after
				January 1, 1960.
							(6)Applicability of
				certain penaltiesAny renovation and remodeling regulation
				requiring the submission of documentation to the Administrator shall
				provide—
						(A)an exemption from
				an applicable penalty for failure to comply with such requirement for a person
				who—
							(i)is
				submitting the required documentation for the first time; and
							(ii)submits
				documentation that contains only de minimus or typographical errors, as
				determined by the Administrator; and
							(B)a process by which
				a person described in subparagraph (A) may resubmit the required
				documentation.
						(7)Accreditation of
				recertification coursesThe
				hands-on training requirements required by subsection (a)(2)(D) shall not apply
				to any recertification course accredited by the Environmental Protection Agency
				that is otherwise required to be completed under this title by a person that is
				certified to engage in renovation and remodeling
				activities.
					.


115 HRES 907 IH: Expressing the sense of Congress that the Attorney General of the United States should appoint a Special Counsel to investigate misconduct at the Department of Justice and Federal Bureau of Investigation, including an investigation of abuse of the FISA warrant process, how and why the Hillary Clinton probe ended, and how and why the Donald Trump-Russia probe began.
U.S. House of Representatives
2018-05-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV115th CONGRESS2d SessionH. RES. 907IN THE HOUSE OF REPRESENTATIVESMay 22, 2018Mr. Zeldin (for himself, Mr. Gosar, Mr. Gaetz, Mr. Perry, Mr. DeSantis, Mr. Mooney of West Virginia, Mr. DesJarlais, Ms. Tenney, Mr. Meadows, Mr. Jody B. Hice of Georgia, Mr. Gohmert, Mr. Rothfus, Mr. Jordan, Mr. Budd, Mr. Rouzer, Mr. Yoho, Mr. Brat, Mr. Rokita, Mr. Biggs, Mr. Poe of Texas, Mr. Williams, Mr. Duncan of South Carolina, Mr. Gibbs, Mrs. Black, and Mr. Issa) submitted the following resolution; which was referred to the Committee on the JudiciaryRESOLUTIONExpressing the sense of Congress that the Attorney General of the United States should appoint a
			 Special Counsel to investigate misconduct at the Department of Justice and
			 Federal Bureau of Investigation, including an investigation of abuse of
			 the FISA warrant process, how and why the Hillary Clinton probe ended, and
			 how and why the Donald Trump-Russia probe began.

 Whereas there is an urgent need for the appointment of a second Special Counsel in light of evidence that raises critical concerns about decisions, activities, and inherent bias displayed at the highest levels of the Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) regarding FISA abuse, how and why the Hillary Clinton email probe ended, and how and why the Donald Trump-Russia probe began;
 Whereas the concerns of the American people are serious and the issues requiring an immediate, unbiased, independent, and thorough investigation are broad;
 Whereas misconduct during the 2016 presidential election by high-ranking individuals within the FBI and DOJ may have led to the premature conclusion of the FBI’s 2016 probe into then-presidential candidate and former Secretary of State Hillary Clinton;
 Whereas during her tenure as Secretary of State, Hillary Clinton violated Federal law, and Department of State rules, regulations, and protocol, by using a private email server in her Chappaqua, New York, home;
 Whereas official communications were transmitted on an unsecured server and included emails that contained classified information when they were sent, in addition to additional emails which were retroactively deemed classified by the Department of State;
 Whereas FBI Director James Comey acknowledged that 65 of these illicit emails were classified as Secret and 22 were classified as Top Secret; Whereas there is significant evidence that the use of this private server by Secretary Clinton was meant to avoid compliance with the Freedom of Information Act (5 U.S.C. 552) and done to obstruct justice by not having to turn over incriminating emails in the case of a subpoena;
 Whereas various sensitive emails subject to grand jury and congressional subpoenas were destroyed on Secretary Clinton’s private server through the use of BleachBit software and the destruction of hardware before they could be obtained by investigators in March 2015;
 Whereas in a September 2015 meeting between then-Attorney General Loretta Lynch and then-Director Comey, the Attorney General instructed Director Comey to refer to the Clinton email investigation as a matter, thus watering down the severity of the investigation and aligning the FBI’s rhetoric with the messaging of the Clinton campaign;
 Whereas Cheryl Mills, who served as Counselor and Chief of Staff to Hillary Clinton during her entire tenure as United States Secretary of State, was offered immunity from prosecution by the FBI during this investigation in exchange for access to her laptop that contained many of the questionable emails;
 Whereas according to transcripts obtained by the Senate Judiciary Committee, former Director Comey was prepared to exonerate Hillary Clinton as early as April or May of 2016 when he began to draft a statement announcing the end of his investigation, before up to 17 key witnesses, including former Secretary Clinton and several of her closest aides, were interviewed;
 Whereas former Director Comey contradicted these transcripts when he stated during sworn testimony before the House Judiciary Committee on September 28, 2016, that he made the decision not to recommend criminal charges for Secretary Clinton after she was interviewed by the FBI on July 2, 2016;
 Whereas Director Comey, in the final draft of his statement, allowed FBI Agent Peter Strzok to replace grossly negligent, which is legally punishable under Federal law, with extremely careless, which is not legally punishable under Federal law;
 Whereas Federal law states gross negligence in handling the Nation’s intelligence can be punished criminally with prison time or fines (18 U.S.C. 793, 798);
 Whereas on June 27, 2016, Attorney General Lynch had a covert meeting with former President Bill Clinton aboard her plane on the tarmac in Phoenix, Arizona;
 Whereas on July 5, 2016, Director Comey violated DOJ rules and unilaterally exonerated then-presidential candidate Hillary Clinton in a public statement to the media;
 Whereas one day later, on July 6, 2016, an announcement followed from Attorney General Lynch that the DOJ investigation into then-presidential candidate Hillary Clinton would be formally closed with no criminal charges;
 Whereas in September 2016, the FBI, during an examination of the personal laptop of former Congressman Anthony Weiner as part of an unrelated investigation into him sending sexually explicit messages to a teenage girl, discovered previously unexamined Department of State classified emails belonging to his spouse, top Clinton aide Huma Abedin;
 Whereas FBI Deputy Director Andrew McCabe’s wife, Dr. Jill McCabe, was running for Virginia State Senate at the time and, as of October 26th, had received $675,000 in donations from the Virginia Democratic Party and Common Good VA, the Leadership PAC controlled by Democratic Virginia Governor Terry McAuliffe, a longtime Clinton associate;
 Whereas an investigation conducted by the Office of the DOJ Inspector General noted that on October 27, 2016, Director Comey required that Deputy Director McCabe remove himself from a conference call regarding the Clinton emails discovered on Anthony Weiner's laptop to avoid the appearance of a conflict of interest after media reports surfaced noting these questionable political donations;
 Whereas it took until October 28, 2016, for Director Comey to announce via a letter to the chairs of the relevant congressional committees that he was reopening the investigation into Hillary Clinton, an additional, egregious delay after the FBI failed to even examine the illicit emails after the FBI discovered them on Anthony Weiner’s computer;
 Whereas further investigation into whether then-FBI Deputy Director McCabe and other FBI officials sought to purposely delay the release of these illicit emails for politically motivated purposes is warranted;
 Whereas throughout the Obama Administration, the DOJ failed to fully investigate serious concerns surrounding former President Clinton, then-Secretary of State Clinton, and the Clinton Foundation’s connection to Russian company Uranium One, which received Department of State approval to purchase U.S. uranium mines in 2010;
 Whereas throughout Hillary Clinton’s tenure as Secretary of State, a family foundation controlled by the Chairman of Uranium One made $2,350,000 in contributions to the Clinton Foundation which were not publicly disclosed in violation of an agreement Secretary Clinton had with the Obama White House to publicly identify all donors;
 Whereas in 2010, while Russian State interests were working to both acquire a majority stake in Uranium One and to purchase American mines, Bill Clinton was paid $500,000 for a speech in Moscow by a Kremlin-linked Russian investment bank that was underwriting Uranium One stock;
 Whereas a confidential informant who worked with the FBI to uncover bribery and other corruption related to the Uranium One matter was threatened with reprisal by the Justice Department under Attorney General Lynch when he tried to come forward in 2016;
 Whereas the Senate Judiciary Committee launched a probe in October 2017 to investigate the Uranium One matter, including whether Federal departments and agencies such as the Department of State knew the FBI was looking into possible corruption before the deal was approved;
 Whereas an investigation conducted by the Office of the DOJ Inspector General noted that a multi-State investigation into the questionable dealings of the Clinton Foundation with corrupt donors was shut down in August 2016, when pressure was asserted on the FBI by senior officials within the Obama Justice Department;
 Whereas the same Inspector General’s report also noted that shutting down this investigation into Clinton Foundation impropriety and influence peddling was connected to high ranking officials in the DOJ and FBI, including Attorney General Lynch, Director Comey, and Deputy Director McCabe;
 Whereas the same Inspector General’s report also found that Deputy Director McCabe, after consenting to the political pressure to shut down the Clinton Foundation multi-State investigation, attempted to later use unauthorized leaks to the press to create a false narrative that he was opposed to the closure of the investigation and that he did this in an attempt to salvage his reputation following revelations of questionable Clinton-connected money being donated to his wife’s Virginia State Senate campaign;
 Whereas in October 2016, the FBI and DOJ used politically biased, unverified sources to obtain warrants issued by the United States Foreign Intelligence Surveillance Court of Review (FISA Court) that aided in the surveillance of U.S. citizens, including Carter Page;
 Whereas these warrants grant U.S. intelligence and law enforcement agencies sweeping power to collect bulk information and conduct about collection, which results in surveillance of a broad array of private communications from the past, present, and future, including those of U.S. citizens not specifically targeted in the FISA authorized warrant;
 Whereas to obtain these warrants, FBI and DOJ officials submitted an unverified dossier prepared by Christopher Steele to the FISA Court, failing to disclose that Christopher Steele was hired by the firm Fusion GPS, which was hired by the Democratic National Committee and Hillary Clinton campaign to prepare this dossier and that the source was unreliable and was soon thereafter going to be terminated as a source;
 Whereas the FISA Court was not informed that Christopher Steele was actively opposed to the election of Donald Trump, that he was the unnamed source cited in the media reports that the FBI used to corroborate his dossier, and that Fusion GPS had been hired to perform previous anti-Trump research efforts in 2015;
 Whereas the Woods Procedures, which are the FBI’s mandatory vetting process required for all FISA warrant applications instituted to ensure that all the facts contained in an application are accurate and verified to clearly support probable cause for a warrant, were not followed;
 Whereas former Director Comey admitted in sworn testimony to the Senate Judiciary Committee on June 8, 2017, that material contained in the Steele dossier was known to be both salacious and unverified;
 Whereas since FISA warrant applications are rarely turned down, are almost never subject to appeal, and are presented in closed court with no public record where the Government is not challenged by any defense, it is imperative that the Government take extra care to validate the information being utilized to build their case before they take the extraordinary step of waiving rights of a U.S. citizen without his or her knowledge or the opportunity to present a defense;
 Whereas at the FISA Court, the Government has a responsibility not only to provide its best evidence in support of its case, but also to provide the best evidence against its case;
 Whereas these deeply flawed and questionable FISA warrant applications utilizing illicit sources and politically biased intelligence were approved by DOJ and FBI officials at the highest levels before being submitted to the FISA Court;
 Whereas it was further not disclosed to the FISA court that the wife of fourth-ranking DOJ official Bruce Ohr worked for Fusion GPS and that Christopher Steele directly transmitted the dossier and other information through Bruce Ohr for submission to the FISA court;
 Whereas to this day there does not appear to be any evidence that President Trump colluded with the Russians to win the 2016 election;
 Whereas the initial FBI probe into the Trump Campaign and alleged collusion with Russia was launched in July 2016, based on questionable and insufficient intelligence and biased motivations;
 Whereas former Director Comey prepared a series of seven memoranda containing classified information, including notes on his conversations with President Trump;
 Whereas former Director Comey admitted in sworn testimony to the Senate Committee on Intelligence on June 8, 2017, that he had leaked this content to a personal friend and encouraged that friend to share the material with the press in order to trigger a Special Counsel investigation;
 Whereas an investigation conducted by the Senate Judiciary Committee later revealed that the personal friend of Director Comey was Professor Daniel Richman of Columbia Law School and that Director Comey provided him with four of the seven memoranda;
 Whereas Director Comey’s actions are a clear violation of non-disclosure agreements he signed as a condition of his appointment and a clear violation of FBI protocols regarding the dissemination of sensitive information outside of the Bureau which are based on provisions of the Privacy Act of 1974 (5 U.S.C. 552a);
 Whereas text messages exchanged between FBI Agent Strzok and FBI Counsel Lisa Page, during the period of August 16, 2015, to May 17, 2017, contain serious evidence of political bias and the improper handling of investigations within the agency;
 Whereas the texts contain egregious evidence of bias against President Trump, including Lisa Page stating Trump should go f himself and Peter Strzok stating F TRUMP;
 Whereas those text messages were not stored within the FBI archive system, an egregious oversight blamed on a technical glitch, and even after these messages were partially recovered by the Bureau’s Inspector General in January 2018, many unanswered questions remain regarding impropriety and bias;
 Whereas in March 2018, former FBI Deputy Director McCabe was fired by Attorney General Jeff Sessions who noted that Deputy Director McCabe lacked candor—including under oath—on multiple occasions and had partaken in unauthorized disclosure to the news media, among other violations noted in a report issued by the Office of the DOJ Inspector General after a wide-reaching investigation into Deputy Director McCabe’s conduct;
 Whereas a myriad of DOJ and FBI personnel have been fired or demoted, or have resigned, including FBI Director Comey, Deputy Director McCabe, Chief of Staff to the Director James Rybicki, FBI General Counsel James Baker, FBI Agent Strzok, FBI Counsel Page, FBI Special Agent Josh Campbell, DOJ Senior Official Ohr, FBI Assistant Director Michael Kortan, and Assistant Attorney General Peter Kadzik;
 Whereas evidence has come to light that raises serious concerns about egregious misconduct within the DOJ and FBI rooted in political bias;
 Whereas the DOJ, FBI, or both appear to have planted at least one person into Donald Trump’s Presidential campaign to infiltrate and surveil the campaign;
 Whereas the DOJ has failed to timely comply with several related document requests by Congress; Whereas providing Members of Congress with heavily redacted versions of some but not all of the documents demanded and offering Members limited in-person viewing of these documents is an inadequate response to repeated requests after months of delay by the DOJ;
 Whereas the mission of the Office of the DOJ Inspector General is limited to detecting and deterring waste, fraud, abuse, and misconduct in DOJ programs and personnel and promoting economy and efficiency in those programs, and a fully independent Special Counsel has greater autonomy than an Inspector General or Federal prosecutors to run a non-biased investigation and if necessary bring forth criminal charges; and
 Whereas the DOJ and FBI cannot be expected to fully investigate themselves regarding this matter: Now, therefore, be it

 That it is the sense of Congress that— (1)DOJ, FBI, and all Federal law enforcement agencies have a sacred duty to uphold our Constitution and to protect our country without any partisan or ideological inclination affecting their important work;
 (2)Congress acknowledges with gratitude that the vast majority of the men and women who serve within these critical agencies do so with the utmost integrity, independence, patriotism, and commitment to the rule of law;
 (3)misconduct regarding FISA abuse, how and why the Hillary Clinton probe ended, and how and why the Trump-Russia probe began should immediately be investigated by a Special Counsel who can act independently; and
 (4)the Attorney General of the United States should immediately appoint a Special Counsel to conduct a thorough and independent investigation of these grave concerns.


110 HRES 125 EH: Resolution expressing deep concern over the use of civilians as
U.S. House of Representatives
2007-04-25
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
1st Session
H. RES. 125
In the House of Representatives, U. S.,

April 25, 2007

RESOLUTION
Resolution expressing deep concern over the use of civilians as human shields in violation of international humanitarian law, including Hezbollah’s tactic of embedding its forces among civilians to use them as human shields during the summer of 2006 conflict between Hezbollah and the State of Israel.

Whereas the term human shields refers to the use of civilians, prisoners of war, or other noncombatants whose mere presence is designed to protect combatants and objects from attack;
Whereas the use of human shields violates international humanitarian law (also referred to as the Law of War or Law of Armed Conflict);
Whereas throughout the summer of 2006 conflict with the State of Israel, Hezbollah forces utilized human shields to protect themselves from counterattacks by Israeli forces;
Whereas the majority of civilian casualties of that conflict might have been avoided and civilian lives saved had Hezbollah not employed this tactic;
Whereas the news media made constant mention of civilian casualties but rarely pointed to the culpability, under international law, of Hezbollah for their endangerment of such civilians;
Whereas United States and international leaders attempted to call the use of human shields to the world’s attention;
Whereas on August 11, 2006, Secretary of State Condoleezza Rice stated, Hezbollah and its sponsors have brought devastation upon the people of Lebanon, dragging them into a war that they did not choose, and exploiting them as human shields . . .;
Whereas on August 14, 2006, President George W. Bush stated, Hezbollah terrorists targeted Israeli civilians with daily rocket attacks. Hezbollah terrorists used Lebanese civilians as human shields, sacrificing the innocent in an effort to protect themselves from Israeli response . . .;
Whereas Jan Egeland, United Nations Undersecretary-General for Humanitarian Affairs and Emergency Relief Coordinator, accused Hezbollah of cowardly blending . . . among women and children;
Whereas for states parties to Additional Protocol I, such as Lebanon, Article 50(1) to the Geneva Convention defines civilian as, [a]ny person who does not belong to one of the categories of persons referred to in Article 4(A)(1), (2), (3), and (6) of the Third Convention and in Article 43 of this Protocol. In the case of doubt whether a person is a civilian, that person shall be considered a civilian.;
Whereas for states parties to Additional Protocol I, such as Lebanon, Article 51(7) to the Geneva Convention states, [T]he presence or movement of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favour or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations.; and
Whereas Convention IV, Article 28, Relative to the Protection of Civilian Persons in Time of War of the Geneva Convention states, The presence of a protected person may not be used to render certain points or areas immune from military operations.: Now, therefore, be it

That the House of Representatives—
(1)strongly condemns the use of innocent civilians as human shields, including Hezbollah’s use of this brutal and illegal tactic during the summer of 2006 conflict with Israel;
(2)calls on responsible nations to condemn the use of civilians as human shields as a violation of international humanitarian law; and
(3)calls on responsible nations and experts in the area of international humanitarian law to focus particular attention on the use of human shields in violation of international humanitarian law and make further recommendations on the prevention of such violation in the future.

Lorraine C. Miller,Clerk.


114 HR 450 IH: Protect Democracy From Criminal Corporations Act
U.S. House of Representatives
2015-01-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 450
IN THE HOUSE OF REPRESENTATIVES

January 21, 2015
Mr. Ellison introduced the following bill; which was referred to the Committee on House Administration

A BILL
To amend the Federal Election Campaign Act of 1971 to prohibit criminal corporations from making disbursements of funds in connection with a campaign for election for Federal, State, or local office.

1.Short titleThis Act may be cited as the Protect Democracy From Criminal Corporations Act. 2.Prohibiting political spending by criminal corporations (a)ProhibitionTitle III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the following new section:

325.Prohibiting political spending by criminal corporations
(a)Prohibition
(1)In generalTo the extent that corporations are permitted under law to make a disbursement of funds in connection with a campaign for election for Federal, State, or local office, including a disbursement consisting of a contribution or donation of money or other thing of value, an independent expenditure, or a disbursement for an electioneering communication (as defined in section 304(f)(3)), it shall be unlawful for a corporation which is a criminal corporation, or for any separate segregated fund established under section 316(b)(2)(C) by a criminal corporation, to make such a disbursement during the applicable period described in paragraph (2). (2)Applicable period describedIn paragraph (1), the applicable period with respect to a criminal corporation is the 6-year period which begins—
(A)in the case of a criminal corporation described in paragraph (1) of subsection (b), on the date on which the corporation is finally convicted of the offense described in such paragraph; or (B)in the case of a criminal corporation described in paragraph (2) of subsection (b), on the date on which the corporation enters into an agreement described in such paragraph.
(b)Criminal Corporation DefinedIn this section, the term criminal corporation means a corporation— (1)which has been convicted of violating section 371 of title 18, United States Code (relating to conspiracy to commit offense or to defraud the United States), or any other felony involving dishonesty or a breach of trust; or
(2)which has been charged with violating section 371 of such title or with another felony involving dishonesty or a breach of trust and has entered into a nonprosecution agreement, a deferred prosecution agreement, or any other agreement with the Attorney General to resolve the charge, if the terms and conditions of the agreement include a requirement that the corporation make a payment equal to or greater than $1,000,000.. (b)Effective DateThe amendment made by subsection (a) shall apply with respect to a corporation which is convicted of the offense described in paragraph (1) of section 325(b) of the Federal Election Campaign Act of 1971 (as added by subsection (a)), or which enters into an agreement described in paragraph (2) of such section, on or after the date of the enactment of this Act.


116 HR 4050 IH: Zeroing Excess, Reducing Organic Waste, and Sustaining Technical Expertise Act
U.S. House of Representatives
2019-07-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4050IN THE HOUSE OF REPRESENTATIVESJuly 25, 2019Ms. Omar (for herself, Mr. Grijalva, Ms. Norton, Ms. Haaland, Ms. McCollum, Ms. Jayapal, Mr. Blumenauer, Mr. Johnson of Georgia, Ms. Pressley, Ms. Pingree, and Ms. Moore) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo direct the Administrator of the Environmental Protection Agency to award grants for projects
			 that are consistent with zero-waste practices, and for other purposes.

 1.Short titleThis Act may be cited as the Zeroing Excess, Reducing Organic Waste, and Sustaining Technical Expertise Act or the ZERO WASTE Act. 2.Grant program (a)In generalThe Administrator shall establish and carry out a program to award grants, on a competitive basis, to eligible entities for projects that are consistent with zero-waste practices.
			(b)Grant use
 (1)Organics recycling infrastructureAn eligible entity receiving a grant under this Act may use grant funds to carry out a project relating to organics recycling infrastructure, including facilities, machinery, equipment, and other physical necessities required for organics collection or processing on a city-wide or county-wide scale, provided that—
 (A)implementation of such project— (i)results in increased capacity for residential and commercial source separated organics streams; and
 (ii)generates a usable product that has demonstrable environmental benefits when compared to the input materials, such as compost with added nutritional content; and
 (B)such project does not include mixed-waste composting. (2)Electronic waste reuse and recyclingAn eligible entity receiving a grant under this Act may use grant funds to carry out a project relating to electronic waste reuse or recycling, including infrastructure and technology, research and development, and product refurbishment, provided that such project—
 (A)does not include an electronic waste buy-back program that provides compensation for used electronics where such compensation is applied as a credit toward the purchase of additional electronics; and
 (B)is carried out by an organization certified in sustainable electronic waste standards by an organization accredited by the National Accreditation Board of the American National Standards Institute & The American Society of Quality, or another accrediting body as determined appropriate by the Administrator.
 (3)Source reductionAn eligible entity receiving a grant under this Act may use grant funds to carry out a project relating to source reduction, and such project may include—
 (A)educational programming and outreach activities to encourage behavioral changes in consumers that result in source reduction; and
 (B)product or manufacturing redesign or redevelopment to reduce byproducts, packaging, and other outputs if—
 (i)the applicable manufacturer— (I)is domestically-owned and operated; and
 (II)pays a living wage; and (ii)the redevelopment or redesign does not result in higher toxicity of the product or byproducts, more complicated recyclability of the product or byproducts, or increased volume of byproducts compared with the original practice.
 (4)Market developmentAn eligible entity receiving a grant under this Act may use grant funds to carry out a project relating to market development with respect to source reduction and waste prevention, including by creating demand for sorted recyclable commodities and refurbished goods and promoting domestically-owned and operated manufacturing for projects relating to source reduction or waste prevention, provided that such project—
 (A)targets easily or commonly recycled materials which are disproportionately disposed of in landfills or incinerated;
 (B)addresses the reduction of the volume, weight, or toxicity of waste and waste byproducts; and (C)does not conflict with—
 (i)minimum-content laws, such as post-consumer recycled content requirements; (ii)beverage container deposits;
 (iii)programs funded through retail fees for specific products or classes of products that use such fees to collect, treat, or recycle such products; or
 (iv)any applicable recycled product procurement laws and expanded sustainable government purchasing requirements, as identified by the Administrator.
						3.Grant awards
			(a)Application
 (1)Criteria for all applicantsTo be eligible to receive a grant under this Act, an eligible entity shall submit to the Administrator an application at such time and in such form as the Administrator requires, demonstrating that the eligible entity—
 (A)has set specific source reduction or waste prevention targets; (B)will carry out such project in communities that are in the 80th percentile or higher for one or more pollutants as noted in the EJSCREEN tool, or any successor system, of the Environmental Protection Agency; and
 (C)will carry out a project that meets the applicable project requirements under section 2(b). (2)Additional application criteria for nonprofit organizationIn the case of an application from an eligible entity that is a nonprofit organization, the application shall include a letter of support for the proposed project—
 (A)from— (i)a local unit of government; or—
 (ii)a nonprofit organization that— (I)has a demonstrated history of undertaking work in the geographic region where the proposed project is to take place; and
 (II)is not involved in the project being proposed; and (B)containing such information as the Administrator may require.
					(b)Priority factors
 (1)In generalIn awarding grants under this Act, the Administrator shall give priority to eligible entities that— (A)have statutorily committed to implementing zero-waste practices;
 (B)demonstrate how the project to be carried out with grant funds could lead to the creation of new jobs that pay a living wage, with preference for projects that create jobs for individuals with barriers to employment, as determined by the Administrator;
 (C)will use grant funds for source reduction or waste prevention in schools; (D)will use grant funds to employ adaptive management practices to identify, prevent, or address any negative environmental consequences of the proposed project;
 (E)have a demonstrated need for additional investment in infrastructure and projects to achieve source reduction and waste prevention targets set by the local unit of government that is responsible for waste and recycling projects in the geographic area;
 (F)will use grant funds to develop innovative or new technologies and strategies for source reduction and waste prevention;
 (G)demonstrate how receiving the grant will encourage further investment in source reduction and waste prevention projects; or
 (H)will incorporate multi-stakeholder involvement, including nonprofit, commercial, and public sector partners, in carrying out a project using grant funds.
 (2)Zero-waste hierarchyIn determining priority between multiple eligible entities who qualify for priority under paragraph (1), the Administrator shall grant first priority to an eligible entity that can demonstrate how the zero-waste hierarchy was considered with respect to the project to be carried out with grant funds.
 4.ReportingAn eligible entity receiving a grant under this Act shall report to the Administrator, at such time and in such form as the Administrator may require, on the results of the project carried out with grant funds and any relevant data requested by the Administrator to track the effectiveness of the program established under section 2(a).
 5.Annual conferenceIn each of calendar years 2022 through 2027, the Administrator shall convene an annual conference for eligible entities, including eligible entities that have received a grant under this Act, and other stakeholders as identified by the Administrator, to provide an opportunity for such eligible entities and stakeholders to share experience and expertise in implementing zero-waste practices.
 6.DefinitionsIn this Act: (1)Adaptive management practicesThe term adaptive management practices means, with respect to a project, the integration of project design, management, and monitoring to identify project impacts and outcomes as they arise and adjust behaviors to improve outcomes.
 (2)AdministratorThe term Administrator means the Administrator of the Environmental Protection Agency. (3)Domestically-owned and operatedThe term domestically-owned and operated means, with respect to a business, a business with—
 (A)headquarters located within the United States; and (B)primary operations carried out in the United States.
 (4)Eligible entityThe term eligible entity means— (A)a single unit of State, local, or Tribal government;
 (B)a consortium of multiple units of State, local, or Tribal government; (C)one or more units of State, local, or Tribal government in coordination with for-profit or nonprofit organizations; or
 (D)one or more incorporated nonprofit organizations. (5)Embodied energyThe term embodied energy means energy that was used to create a product or material.
 (6)Living wageThe term living wage means the minimum income necessary to allow a person working 40 hours per week to afford the cost of housing, food, and other material necessities.
 (7)Organics recyclingThe term organics recycling means the biological processes by which organics streams are converted to compost which is not harmful to humans, plants, or animals.
 (8)RecyclingThe term recycling— (A)means the mechanical processing of material that has reached the end of its current use into material to be used in the production of new products;
 (B)does not include incineration or any other energy recovery process; and (C)does not include depolymerization or a similar process.
 (9)ReuseThe term reuse— (A)means—
 (i)using a product, packaging, or resource more than once for the same or a new function with little to no processing; or
 (ii)repairing a product so it can be used longer, sharing or renting it, or selling or donating it to another party; and
 (B)does not include incineration. (10)Source reductionThe term source reduction—
 (A)includes— (i)activities that reduce consumption of products or services that create physical outputs, such as packaging, that is secondary to the intended use of the item being consumed;
 (ii)measures or techniques that reduce the amount of waste generated during production processes; and (iii)the reduction or elimination of the use of materials which are not able to be recycled without degrading the quality of the material; and
 (B)does not include incineration. (11)Source separatedThe term source separated—
 (A)means the separation of a stream of recyclable materials at the point of waste creation before the materials are collected and centralized; and
 (B)does not include technologies that sort mixed municipal solid waste into recyclable and non-recyclable materials.
 (12)Waste preventionThe term waste prevention includes reuse, recycling, and other methods to reduce the amount of materials disposed of in landfills or incinerated.
 (13)Zero-wasteThe term zero-waste means the conservation of all resources by means of responsible production, consumption, reuse, and recovery of products, packaging, and materials without burning or otherwise destroying embodied energy, with no discharges to land, water, or air that threaten the environment or human health.
 (14)Zero-waste practiceThe term zero-waste practice means a practice used to help achieve zero-waste, including source reduction and waste prevention. 7.Authorization of appropriationsThere is authorized to be appropriated to the Administrator to carry out this Act $250,000,000 for the period of fiscal years 2020 through 2027.


		I
		112th CONGRESS
		1st Session
		H. R. 474
		IN THE HOUSE OF REPRESENTATIVES

			January 26, 2011
			Mr. Boren introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To prohibit the importation for sale of foreign-made
		  flags of the United States of America.

		1.Short titleThis Act may be cited as the Genuine
			 American Flag Act.
		2.Importation for
			 sale of foreign-made american flags prohibitedBeginning 6 months after the date of the
			 enactment of this Act, no flag of the United States of America (regardless of
			 size and whether or not in compliance with the standard proportions prescribed
			 by Executive order) that is the product or manufacture of any foreign country
			 or instrumentality may be imported for sale into the United States.


113 HR 1374 IH: Social Security Enhancement and Protection Act of 2013
U.S. House of Representatives
2013-03-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1374
		IN THE HOUSE OF REPRESENTATIVES

			March 21, 2013
			Ms. Moore (for
			 herself and Ms. Schakowsky) introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend title II of the Social Security Act to make
		  various reforms to Social Security, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Social Security Enhancement and
			 Protection Act of 2013.
		2.Increase in special
			 minimum benefit for lifetime low earners based on years in the
			 workforceSection 215(a)(1)(C)
			 of the Social Security Act (42 U.S.C. 415(a)(1)(C)) is amended to read as
			 follows:

				(C)(i)Effective with respect to the benefits of
				individuals who become eligible for old-age insurance benefits or disability
				insurance benefits (or die before becoming so eligible) after 2014, no primary
				insurance amount computed under subparagraph (A) may be less than the
				applicable percentage of 1/12 of the annual dollar amount
				determined under clause (iv) for the year in which the amount is
				determined.
					(ii)For purposes of clause (i), the
				applicable percentage is the percentage specified in connection with the number
				of years of work, as set forth in the following table:

									If the number of yearsThe applicable

									  of work is:percentage
						is:

									1136.7
						percent

									1240.0
						percent

									1343.3
						percent

									1446.7
						percent

									1550.0
						percent

									1653.3
						percent

									1756.7
						percent

									1860.0
						percent

									1963.3
						percent

									2066.7
						percent

									2170.0
						percent

									2273.3
						percent

									2376.7
						percent

									2480.0
						percent

									2583.3
						percent

									2686.7
						percent

									2790.0
						percent

									2893.3
						percent

									2996.7
						percent

									30 or
						more100.0 percent.

					(iii)For purposes of this subparagraph, the term
				number of years of work means, with respect to an individual,
				the sum of—
						(I)1/4 of the total
				number of quarters of coverage credited to such individual (disregarding any
				fraction); and
						(II)the number of years (not exceeding 5)
				in all of which the individual provided care for a child under 6 years of age
				who resided in the individual’s home.
						(iv)(I)The annual dollar amount
				determined under this clause is the poverty guideline for the calendar year
				preceding the calendar year in which the determination is made.
						(II)For purposes of this clause, the
				term poverty guideline means the annual poverty guideline (as
				updated annually in the Federal Register by the Department of Health and Human
				Services under the authority of section 673(2) of the Omnibus Budget
				Reconciliation Act of 1981) as applicable to a single
				individual.
						.
		3.Establishment of
			 an increased benefit for beneficiaries on account of long-term
			 eligibility
			(a)In
			 generalSection 202 of the
			 Social Security Act (42 U.S.C. 402) is amended by adding at the end the
			 following new subsection:

					(z)Increase in
				benefit amounts on account of long-Term eligibility(1)In the case of an individual who is a
				qualified beneficiary for a calendar year after 2014, the amount of any monthly
				insurance benefit of such qualified beneficiary under this section or section
				223 for any month in such calendar year shall be increased in accordance with
				paragraph (3).
						(2)(A)For purposes of this subsection, the term
				qualified beneficiary for a calendar year means an individual in
				any case in which such calendar year begins at least 16 years after the
				applicable date of eligibility for such individual.
							(B)For purposes of this subsection, the
				applicable date of eligibility for an individual is the date on which the
				individual on whose wages and self-employment income the monthly insurance
				benefit is based initially became eligible (or died before becoming eligible)
				for old-age insurance benefits under subsection (a) or disability insurance
				benefits under section 223.
							(3)(A)The increase required under paragraph (1)
				with respect to the monthly insurance benefit of an individual who is a
				qualified beneficiary for a calendar year shall be equal to the applicable
				percentage (specified for such benefit in subparagraph (B)) of the full
				increase amount for such calendar year (determined under subparagraph
				(C)).
							(B)The applicable percentage specified
				for a monthly insurance benefit under this subparagraph for a calendar year is
				the percentage specified, in connection with the number of years ending after
				the applicable date of eligibility for such individual and before such calendar
				year, in the following table:

											The applicable

											If the number of years is:percentage is:

											1620
						percent

											1740
						percent

											1860
						percent

											1980
						percent

											20 or
						larger100 percent.

							(C)(i)Except as provided in
				clause (ii), the full increase amount determined under this subparagraph for a
				calendar year in connection with the monthly insurance benefit of a qualified
				beneficiary is a dollar amount equal to 5 percent of the amount of the benefit
				if—
									(I)such benefit were based on the primary
				insurance amount determined for January of such calendar year of a putative
				individual;
									(II)on January 1 of the calendar year in
				which occurred the applicable eligibility date with respect to such individual,
				such putative individual were fully insured, attained retirement age (as
				defined in section 216(l)(2)) and were otherwise eligible for, and applied for,
				old-age insurance benefits; and
									(III)such putative individual’s average indexed
				monthly earnings taken into account in determining such primary insurance
				amount were equal to 1/12 of the national average wage
				index (as defined in section 209(k)(1)) for the second year prior to such
				calendar year.
									(ii)(I)In the case of a monthly
				insurance benefit under subsection (b) or (c), the full increase amount
				determined under this subparagraph shall be one-half the amount determined
				under clause (i); or
									(II)In the case of a monthly insurance benefit
				under subsection (d), (g), or (h), the full increase amount determined under
				this subparagraph shall be the percentage of the amount determined under clause
				(i) equal to the ratio which the amount of such benefit bears to the primary
				insurance amount (before the application of section 203(a)) of the individual
				on whose wages and self-employment income the monthly insurance benefit is
				based.
									(4)In the case of a qualified
				beneficiary who is entitled to 2 or more monthly insurance benefits under this
				title for the same month—
							(A)the earliest applicable date of eligibility
				for such beneficiary with respect to such benefits shall be treated as the
				applicable date of eligibility for such beneficiary for the purposes of this
				subsection; and
							(B)such beneficiary shall be entitled to
				an increase with respect only to one such benefit.
							(5)This subsection shall be applied to monthly
				insurance benefits after any increase under subsection (w) and any applicable
				reductions and deductions under this title.
						(6)In any case in which an individual is
				entitled to benefits under both this section and section 223, the increase
				under this subsection shall be paid from the Federal Old-Age and Survivors
				Insurance Trust
				Fund.
						.
			(b)Conforming
			 amendments
				(1)Section 202 of
			 such Act (42 U.S.C. 402) is amended—
					(A)in the last
			 sentence of subsection (a), by striking subsection (q) and subsection
			 (w) and inserting subsections (q), (w), and (z);
					(B)in subsection
			 (b)(2), by striking subsections (k)(5) and (q) and inserting
			 subsections (k)(5), (q), and (z);
					(C)in subsection
			 (c)(2), by striking subsections (k)(5) and (q) and inserting
			 subsections (k)(5), (q), and (z);
					(D)in subsection
			 (d)(2), by adding at the end the following: This paragraph shall apply
			 subject to subsection (z).;
					(E)in subsection (e)(2)(A), by striking
			 subsection (k)(5), subsection (q), and subparagraph (D) of this
			 paragraph and inserting subsection (k)(5), subsection (q),
			 subsection (z), and subparagraph (D) of this paragraph;
					(F)in subsection (f)(2)(A), by striking
			 subsection (k)(5), subsection (q), and subparagraph (D) of this
			 paragraph and inserting subsection (k)(5), subsection (q),
			 subsection (z), and subparagraph (D) of this paragraph;
					(G)in subsection
			 (g)(2), by striking Such and inserting Except as provided
			 in subsections (k)(5) and (z), such;
					(H)in subsection
			 (h)(2)(A), by inserting and subsection (z) after
			 subparagraphs (B) and (C); and
					(I)in section
			 223(a)(2), by striking section 202(q) and inserting
			 sections 202(q) and 202(z).
					(2)Section 209(k)(1)
			 of such Act (402 U.S.C. 409(k)(1)) is amended by inserting
			 202(z)(3)(C)(i)(II), before
			 203(f)(8)(B)(ii).
				4.Extension of
			 child’s benefit for certain post-secondary students under age 22
			(a)In
			 generalSection 202(d)(1)(B) of the Social Security Act (42
			 U.S.C. 402(d)(1)(B)) is amended to read as follows:

					(B)at the time such application was filed was
				unmarried and—
						(i)had not attained
				the age of 18,
						(ii)was a full-time
				elementary or secondary school student and had not attained the age of
				19,
						(iii)was an eligible full-time post-secondary
				school student and had not attained the age of 22, or
						(iv)is under a
				disability (as defined in section 223(d)) which began before he attained the
				age of 22,
				and
						.
			(b)Definition of
			 eligible full-Time post-Secondary school studentSection
			 202(d)(7) of the Social Security Act (42 U.S.C. 402(d)(7)) is amended by adding
			 at the end the following:

					(E)An eligible full-time post-secondary
				school student is a full-time post-secondary school student who is
				entitled to child’s insurance benefits on the basis of the wages and
				self-employment income of an individual who is entitled to disability insurance
				benefits, or who has died a fully or currently insured
				individual.
					.
			(c)Definition of
			 full-Time post-Secondary school student
				(1)In
			 generalSection 202(d)(7) of such Act (42 U.S.C. 402(d)(7)) is
			 amended—
					(A)in subparagraph
			 (A)—
						(i)by
			 inserting and a full-time post-secondary school student
			 is an individual who is in full-time attendance as a student at a
			 post-secondary educational institution before , as determined by
			 the Commissioner;
						(ii)by
			 inserting or a full-time post-secondary school
			 student before if he is paid by his
			 employer;
						(iii)by
			 inserting or a post-secondary educational institution, as
			 applicable, before at the request;
						(iv)by
			 inserting or a full-time post-secondary school
			 student before for the purpose of this section;
			 and
						(v)by
			 inserting or a full-time post-secondary school student before
			 shall be deemed; and
						(B)in subparagraph
			 (B)—
						(i)by
			 inserting or a full-time post-secondary school student after
			 student;
						(ii)by inserting or a post-secondary
			 educational institution, as applicable before at which he has
			 been; and
						(iii)by
			 striking an elementary or secondary school in each of the second
			 and third places in which such term appears and inserting such a
			 school.
						(2)Transition from
			 elementary or secondary schoolSection 202(d)(7)(B) of such Act
			 (42 U.S.C. 402(d)(7)(B)) is amended by adding at the end the following
			 sentence: An individual who has been in full-time attendance at an
			 elementary or secondary school shall, during a succeeding period of
			 nonattendance at such school, be deemed to be a full-time secondary-school
			 student if (i) such period is 4 calendar months or less, and (ii) the
			 individual shows to the satisfaction of the Commissioner that he intends to be
			 in full-time attendance at a post-secondary educational institution immediately
			 following such period.
				(d)Definition of
			 post-Secondary educational institutionSection 202(d)(7)(C) of such Act (42 U.S.C.
			 402(d)(7)(C)) is amended by adding at the end the following:

					(iii)A post-secondary educational
				institution is a school or college or university that provides
				post-secondary education and—
						(I)is operated or
				directly supported by the United States, or by any State or local government or
				political subdivision thereof,
						(II)has been approved by a State or accredited
				by a State-recognized or nationally-recognized accrediting agency or body,
				or
						(III)whose credits are accepted, on transfer, by
				not less than three institutions which are so accredited, for credit on the
				same basis as if transferred from an institution so
				accredited.
						.
			(e)Conforming
			 amendments
				(1)Section 202(d)(1)(E) of such Act (42 U.S.C.
			 402(d)(1)(E)) is amended by inserting or an eligible full-time
			 post-secondary school student after student.
				(2)Section 202(d)(1)(F) of such Act (42 U.S.C.
			 402(d)(1)(F)) is amended by striking the earlier of— and all
			 that follows through the age of 19, and inserting the
			 following:

						the earlier
			 of—(i)the first month during no part of which the
				child is a full-time elementary or secondary school student or an eligible
				full-time post-secondary school student,
						(ii)the month in which the child attains the
				age of 19, but only if the child is not an eligible full-time post-secondary
				school student during any part of such month, or
						(iii)the month in
				which the child attains the age of
				22,
						.
				(3)Section 202(d)(1)(G) of such Act (42 U.S.C.
			 402(d)(1)(G)) is amended by striking (if later) and all that
			 follows through the age of 19, and inserting the
			 following:

						(if later) the earlier
			 of—(i)the first month during no part of which the
				child is a full-time elementary or secondary school student or an eligible
				full-time post-secondary school student,
						(ii)the month in which the child attains the
				age of 19, but only if the child is not an eligible full-time post-secondary
				school student during any part of such month, or
						(iii)the month in
				which the child attains the age of
				22,
						.
				(4)Section 202(d)(6)(A) of such Act (42 U.S.C.
			 402(d)(6)(A)) is amended to read as follows:

						(A)(i)is a full-time
				elementary or secondary school student and has not attained the age of
				19,
							(ii)is an eligible full-time post-secondary
				school student and has not attained the age of 22, or
							(iii)is under a disability (as defined in
				section 223(d)) and has not attained the age of 22,
				or
							.
				(5)Section 202(d)(6)(D) of such Act (42 U.S.C.
			 402(d)(6)(D)) is amended to read as follows:

						(D)the earlier of—
							(i)the first month during no part of which the
				child is a full-time elementary or secondary school student or an eligible
				full-time post-secondary school student,
							(ii)the month in
				which the child attains the age of 19, but only if the child is not an eligible
				full-time post-secondary school student during any part of such month,
				or
							(iii)the month in
				which the child attains the age of 22,
							but
				only if he is not under a disability (as so defined) in such earlier month;
				or.
				(6)Section
			 202(d)(6)(E) of such Act (42 U.S.C. 402(d)(6)(E)) is amended by striking
			 (if later) and all that follows to the end and inserting the
			 following:

						(if later) the earlier
			 of—(i)the first month during no part of which the
				child is a full-time elementary or secondary school student or an eligible
				full-time post-secondary school student,
						(ii)the month in which the child attains the
				age of 19, but only if the child is not an eligible full-time post-secondary
				school student during any part of such month, or
						(iii)the month in
				which the child attains the age of
				22.
						.
				(f)Effective
			 dateThe amendments made by this section apply with respect to
			 applications for child’s insurance benefits under section 202(d) of the Social
			 Security Act (42 U.S.C. 402(d)) filed in any calendar year after 2014.
			5.Determination of
			 taxable wages and self-employment income above contribution and benefit base
			 after 2014
			(a)Determination of
			 taxable wages above contribution and benefit base after 2014
				(1)Amendments to
			 the Internal Revenue Code of 1986Section 3121 of the Internal
			 Revenue Code of 1986 is amended—
					(A)in subsection
			 (a)(1), by inserting the applicable percentage (determined under
			 subsection (c)(1)) of before that part of the
			 remuneration; and
					(B)in subsection (c),
			 by striking (c) Included and excluded
			 service.—For purposes of this chapter, if and
			 inserting the following:

							(c)Special rules
				for wages and employment
								(1)Applicable
				percentage of remuneration in determining taxable wagesFor
				purposes of subsection (a)(1), the applicable percentage for a calendar year
				shall be determined in accordance with the following table:

												The applicable

												In the case of:percentage
						is:

												Calendar year
						201590 percent

												Calendar year
						201680 percent

												Calendar year
						201770 percent

												Calendar year
						201860 percent

												Calendar year
						201950 percent

												Calendar year
						202040 percent

												Calendar year
						202130 percent

												Calendar year
						202220 percent

												Calendar year
						202310 percent

												Calendar years
						after 20240 percent.

								(2)Included and
				excluded serviceFor purposes of this chapter,
				if
								.
					(2)Amendments to
			 the Social Security ActSection 209 of the Social Security Act
			 (42 U.S.C. 409) is amended—
					(A)in subsection
			 (a)(1)(I)—
						(i)by inserting
			 and before 2015 after 1974; and
						(ii)by inserting
			 and after the semicolon;
						(B)in subsection
			 (a)(1), by adding at the end the following new subparagraph:

							(J)The applicable
				percentage (determined under subsection (l)) of that part of remuneration
				which, after remuneration (other than remuneration referred to in the
				succeeding subsections of this section) equal to the contribution and benefit
				base (determined under section 230) with respect to employment has been paid to
				an individual during any calendar year after 2012 with respect to which such
				contribution and benefit base is effective, is paid to such individual during
				such calendar year;
							;
				and
					(C)by adding at the
			 end the following new subsection:

							(l)For purposes of
				subsection (a)(1)(J), the applicable percentage for a calendar year shall be
				determined in accordance with the following table:

											The applicable

											In the case of:percentage
						is:

											Calendar year
						201590 percent

											Calendar year
						201680 percent

											Calendar year
						201770 percent

											Calendar year
						201860 percent

											Calendar year
						201950 percent

											Calendar year
						202040 percent

											Calendar year
						202130 percent

											Calendar year
						202220 percent

											Calendar year
						202310 percent

											Calendar years
						after 20240 percent.

							.
					(3)Effective
			 dateThe amendments made by this subsection shall apply with
			 respect to remuneration paid in calendar years after 2014.
				(b)Determination of
			 taxable self-Employment income above contribution and benefit base after
			 2014
				(1)Amendments to
			 the Internal Revenue Code of 1986Section 1402 of the Internal
			 Revenue Code of 1986 is amended—
					(A)in subsection
			 (b)(1), by striking that part of the net earnings and all that
			 follows through minus and inserting the following: an
			 amount equal to the applicable percentage (as determined under subsection
			 (d)(2)) of that part of the net earnings from self-employment which is in
			 excess of the difference (not to be less than zero) between (i) an amount equal
			 to the contribution and benefit base (as determined under section 230 of the
			 Social Security Act) which is effective for the calendar year in which such
			 taxable year begins, and; and
					(B)in subsection
			 (d)—
						(i)by striking
			 (d)
			 Employee and wages.—The term and
			 inserting the following:

								(d)Rules and
				definitions
									(1)Employee and
				wagesThe term
									;
				and
						(ii)by adding at the
			 end the following:

								(2)Applicable
				percentage of net earnings from self-employment in determining taxable
				self-employment incomeFor purposes of subsection (b)(1), the
				applicable percentage for a taxable year beginning in any calendar year
				referred to in such paragraph shall be determined in accordance with the
				following table:

												The applicable

												In the case of:percentage
						is:

												Calendar year
						201590 percent

												Calendar year
						201680 percent

												Calendar year
						201770 percent

												Calendar year
						201860 percent

												Calendar year
						201950 percent

												Calendar year
						202040 percent

												Calendar year
						202130 percent

												Calendar year
						202220 percent

												Calendar year
						202310 percent

												Calendar years
						after 20240 percent.

								.
						(2)Amendments to
			 the Social Security ActSection 211 of the Social Security Act
			 (42 U.S.C. 411) is amended—
					(A)in subsection
			 (b)—
						(i)in paragraph
			 (1)(I)—
							(I)by striking
			 or after the semicolon; and
							(II)by inserting
			 and before 2015 after 1974;
							(ii)by redesignating
			 paragraph (2) as paragraph (3); and
						(iii)by inserting
			 after paragraph (1) the following:

								(2)For any taxable
				year beginning in any calendar year after 2014, an amount equal to the
				applicable percentage (as determined under subsection (l)) of that part of net
				earnings from self-employment which is in excess of the difference (not to be
				less than zero) between—
									(A)an amount equal to
				the contribution and benefit base (as determined under section 230) that is
				effective for such calendar year, and
									(B)the amount of the
				wages paid to such individual during such taxable year;
				or
									; and
						(B)by adding at the
			 end the following:

							(l)For purposes of
				subsection (b)(2), the applicable percentage for a taxable year beginning in
				any calendar year referred to in such paragraph shall be determined in
				accordance with the following table:

											The applicable

											In the case of:percentage
						is:

											Calendar year
						201590 percent

											Calendar year
						201680 percent

											Calendar year
						201770 percent

											Calendar year
						201860 percent

											Calendar year
						201950 percent

											Calendar year
						202040 percent

											Calendar year
						202130 percent

											Calendar year
						202220 percent

											Calendar year
						202310 percent

											Calendar years
						after 20240 percent.

							.
					(3)Effective
			 dateThe amendments made by this subsection shall apply with
			 respect to taxable years beginning in calendar years after 2014.
				(c)Computing
			 average indexed monthly earningsSection 215(e) of the Social Security Act
			 (42 U.S.C. 415(e)) is amended—
				(1)in paragraph
			 (1)—
					(A)by striking
			 and after before 1975,;
					(B)by inserting
			 and before 2015 after after 1974; and
					(C)by inserting , and the applicable
			 percentage of the excess over an amount equal to the contribution and benefit
			 base (as determined under section 230) in the case of any calendar year after
			 2014 with respect to which such contribution and benefit base is
			 effective, after benefit base is effective,; and
					(2)by adding at the
			 end the following:

						(3)For purposes of
				paragraph (1), the applicable percentage for a year shall be determined in
				accordance with the following table:

										The applicable

										In the case of:percentage
						is:

										Calendar year
						201590 percent

										Calendar year
						201680 percent

										Calendar year
						201770 percent

										Calendar year
						201860 percent

										Calendar year
						201950 percent

										Calendar year
						202040 percent

										Calendar year
						202130 percent

										Calendar year
						202220 percent

										Calendar year
						202310 percent

										Calendar years
						after 20240 percent.

						.
				(d)Conforming
			 amendmentSection
			 215(i)(2)(C)(i) of the Social Security Act (42 U.S.C. 415(i)(2)(C)(i)) is
			 amended by striking the Commissioner's estimate of the extent to which
			 the cost of such increase would be met by an increase in the contribution and
			 benefit base under section 230 and the estimated amount of the increase in such
			 base,.
			6.New bend point
			 for amounts above contribution and benefit base
			(a)In
			 generalSection 215(a)(1) of
			 the Social Security Act (42 U.S.C. 415(a)(1)) is amended—
				(1)in subparagraph
			 (A)—
					(A)in clause (ii), by
			 striking and;
					(B)in clause (iii),
			 by striking the comma at the end and inserting the following: but do not
			 exceed the amount established for purposes of this clause by subparagraph (B),
			 and; and
					(C)by inserting after
			 clause (iii) the following:

							(iv)3 percent of the individual’s average
				indexed monthly earnings to the extent that such earnings exceed the amount
				established for purposes of clause
				(iii),
							;
				and
					(2)in subparagraph
			 (B)—
					(A)by inserting
			 and before 2015 after 1979 in clause (ii);
					(B)by redesignating
			 clause (iii) as clause (v);
					(C)by inserting after
			 clause (ii) the following:

							(iii)For individuals who initially become
				eligible for old-age or disability insurance benefits, or who die (before
				becoming eligible for such benefits), in the calendar year 2015—
								(I)the amounts
				established for purposes of clauses (i) and (ii) of subparagraph (A) shall be
				the amounts so established under clause (ii) of this subparagraph for such
				calendar year; and
								(II)the amount
				established for purposes of clause (iii) of subparagraph (A) shall be the
				amount of the contribution and benefit base with respect to remuneration paid
				(and taxable years beginning) in calendar year 2015.
								(iv)For individuals who initially become
				eligible for old-age or disability insurance benefits, or who die (before
				becoming eligible for such benefits), in any calendar year after 2015, the
				amount so established shall equal the product of the corresponding amount
				established with respect to the calendar year 2015 under clause (iii) of this
				subparagraph and the quotient obtained by dividing—
								(I)the national
				average wage index (as defined in section 209(k)(1)) for the second calendar
				year preceding the calendar year for which the determination is made, by
								(II)the national
				average wage index (as so defined) for
				2013.
								; and

					(D)in clause (v), as
			 so redesignated by subparagraph (A) of this paragraph, by inserting and
			 clause (iv) after clause (ii).
					(b)Effective
			 dateThe amendments made by
			 this section shall apply with respect to individuals who initially become
			 eligible (within the meaning of section 215(a)(3)(B)) for old-age or disability
			 insurance benefits under title II of the Social Security Act, or who die
			 (before becoming eligible for such benefits), in any calendar year after
			 2014.
			7.Increase in
			 employment tax rate
			(a)Wages
				(1)EmployeesSubsection
			 (a) of section 3101 of the Internal Revenue Code of 1986 is amended to read as
			 follows:

						(a)Old-Age,
				survivors, and disability insurance
							(1)In
				generalIn addition to other taxes, there is hereby imposed on
				the income of every individual a tax equal to the applicable percentage of the
				wages (as defined in section 3121(a)) received by him with respect to
				employment (as defined in section 3121(b)).
							(2)Applicable
				percentageFor purposes of paragraph (1), the term
				applicable percentage means the percentage determined under the
				following table:

											The applicable

											In case of wages received during:percentage shall be:

											2015 6.25 percent

											20166.30 percent

											2017 6.35 percent

											2018 6.40 percent

											2019 6.45 percent

											2020 or
						thereafter6.50 percent.

							.
				(2)EmployersSubsection
			 (a) of section 3111 of such Code is amended to read as follows:

						(a)Old-Age,
				survivors, and disability insurance
							(1)In
				generalIn addition to other taxes, there is hereby imposed on
				every employer an excise tax, with respect to having individuals in his employ,
				equal to the applicable percentage of the wages (as defined in section 3121(a))
				paid by him with respect to employment (as defined in section 3121(b)).
							(2)Applicable
				percentageFor purposes of paragraph (1), the term
				applicable percentage means the percentage determined under the
				following table:

											The applicable

											In case of wages received during:percentage shall be:

											2015 6.25 percent

											20166.30 percent

											2017 6.35 percent

											2018 6.40 percent

											2019 6.45 percent

											2020 or
						thereafter6.50 percent.

							.
				(b)Self-EmploymentSubsection
			 (a) of section 1401 of such Code is amended to read as follows:

					(a)Old-Age,
				survivors, and disability insurance
						(1)In addition to
				other taxes, there shall be imposed for each taxable year, on the
				self-employment income of every individual, a tax equal to the applicable
				percentage of the amount of the self-employment income for such taxable
				year.
						(2)Applicable
				percentageFor purposes of paragraph (1), the term
				applicable percentage means the percentage determined under the
				following table:

										In case of a taxable yearThe applicable

										  beginning during calendar year:percentage shall be:

										2015 12.5 percent

										2016 12.6 percent

										2017 12.7 percent

										2018 12.8 percent

										2019 12.9 percent

										2020 or
						thereafter 13.0 percent.

						.
			(c)Effective
			 dateThe amendments made by
			 this section shall apply with respect to remuneration received, and taxable
			 years beginning after, December 31, 2014.
			8.Non-application
			 of increase in Social Security benefits for means-tested programsAny increase in monthly insurance benefits
			 under title II of the Social Security Act as a result of the amendments made by
			 this Act shall not be regarded as income or resources for any month after
			 December 2014, for purposes of determining the eligibility of the recipient (or
			 the recipient's spouse or family) for benefits or assistance, or the amount or
			 extent of benefits or assistance, under any Federal program or under any State
			 or local program financed in whole or in part with Federal funds.


		II
		111th CONGRESS
		1st Session
		S. 250
		IN THE SENATE OF THE UNITED STATES

			January 14, 2009
			Mr. Schumer (for
			 himself, Mr. Bayh,
			 Mrs. Boxer, Mrs. Murray, Mr.
			 Brown, Mr. Casey,
			 Mr. Lieberman, Mr. Merkley, and Mrs.
			 McCaskill) introduced the following bill; which was read twice and
			 referred to the Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to provide a
		  higher education opportunity credit in place of existing education tax
		  incentives.

		1.Short
			 titleThis Act may be cited as
			 the Higher Education Opportunity Act
			 of 2009.
		2.Higher education
			 opportunity credit
			(a)In
			 generalSection 25A of the Internal Revenue Code of 1986
			 (relating to Hope and Lifetime Learning credits) is amended to read as
			 follows:

					25A.Higher
				education opportunity credit
						(a)Allowance of
				creditIn the case of any eligible student for whom an election
				is in effect under this section for any taxable year, there shall be allowed as
				a credit against the tax imposed by this chapter for the taxable year in an
				amount equal to the lesser of—
							(1)the sum
				of—
								(A)100 percent of so
				much of the qualified tuition and related expenses paid by the taxpayer during
				the taxable year (for education furnished to the eligible student during any
				academic period beginning in such taxable year) as does not exceed
				$2,000,
								(B)50 percent of so
				much of such expenses as exceeds $2,000 but does not exceed $4,000, and
								(C)25 percent of so
				much of such expenses as exceeds $4,000 but does not exceed $8,000, or
								(2)the excess (if
				any) of $16,000 over the aggregate credits allowed under this section with
				respect to such eligible student for all prior taxable years.
							(b)Limitations
							(1)Limitation
				based on modified adjusted gross income
								(A)In
				generalThe amount which would (but for this paragraph) be taken
				into account under subsection (a) for the taxable year shall be reduced (but
				not below zero) by the amount determined under subparagraph (B).
								(B)Amount of
				reductionThe amount determined under this subparagraph is the
				amount which bears the same ratio to the amount which would be so taken into
				account as—
									(i)the excess
				of—
										(I)the taxpayer's
				modified adjusted gross income for such taxable year, over
										(II)$70,000
				($140,000 in the case of a joint return), bears to
										(ii)$10,000 ($20,000
				in the case of a joint return).
									(C)Modified
				adjusted gross incomeThe term modified adjusted gross
				income means the adjusted gross income of the taxpayer for the taxable
				year increased by any amount excluded from gross income under section 911, 931,
				or 933.
								(2)Limitation
				based on amount of taxIn the case of a taxable year to which
				section 26(a)(2) does not apply, the credit allowed under subsection (a) for
				any taxable year shall not exceed the excess of—
								(A)the sum of the
				regular tax liability (as defined in section 26(b)) plus the tax imposed by
				section 55, over
								(B)the sum of the
				credits allowable under this subpart (other than this section and sections 23,
				24, and 25B) and section 27 for the taxable year.
								(3)Credit allowed
				only for 3 eligible studentsThe credit under subsection (a) to
				any taxpayer shall not be allowed with respect to more than 3 eligible students
				for any taxable year.
							(4)Other
				limitations
								(A)Credit allowed
				only for first 2 years of graduate educationAn election to have
				this section apply with respect to any eligible student may not be made for any
				taxable year if the student has completed (before the beginning of such taxable
				year) 2 years of graduate education at one or more eligible educational
				institutions.
								(B)Credit allowed
				for year only if individual is at least 1/2 time student for portion of
				yearThe credit under subsection (a) shall not be allowed for a
				taxable year with respect to the qualified tuition and related expenses of an
				individual unless such individual is an eligible student for at least one
				academic period which begins during such year.
								(C)Denial of
				credit if student convicted of a felony drug offenseThe credit
				under subsection (a) shall not be allowed for qualified tuition and related
				expenses for the enrollment or attendance of a student for any academic period
				if such student has been convicted of a Federal or State felony offense
				consisting of the possession or distribution of a controlled substance before
				the end of the taxable year with or within which such period ends.
								(c)DefinitionsFor
				purposes of this subsection—
							(1)Eligible
				student
								(A)In
				generalThe term eligible student means, with
				respect to any academic period, a student who—
									(i)meets the
				requirements of section 484(a)(1) of the Higher Education Act of 1965 (20
				U.S.C. 1091(a)(1)), as in effect on the date of the enactment of the Taxpayer
				Relief Act of 1997, and
									(ii)is carrying at
				least 1/2 the normal full-time work load for the course of
				study the student is pursuing.
									(B)Waiver of
				enrollment requirement for certain workersSubparagraph (A) shall
				be applied without regard to clause (ii) if the student is employed for at
				least 25 hours per week during the academic period.
								(2)Qualified
				tuition and related expenses
								(A)In
				generalThe term qualified tuition and related
				expenses means tuition and fees required for the enrollment or
				attendance of an eligible student who is—
									(i)the
				taxpayer,
									(ii)the taxpayer's
				spouse, or
									(iii)any dependent
				of the taxpayer with respect to whom the taxpayer is allowed a deduction under
				section 151,
									at an
				eligible educational institution for courses of instruction of such individual
				at such institution.(B)Inclusion of
				certain expenses for books
									(i)In
				generalFor purposes of subparagraph (A), tuition and fees shall
				include 50 percent of amounts paid or incurred for books.
									(ii)LimitationThe
				amount of tuition and fees taken into account under subparagraph (A) by reason
				of clause (i) for any taxable year shall not exceed $400 with respect to any
				eligible student.
									(C)Exception for
				education involving sports, etcSuch term does not include
				expenses with respect to any course or other education involving sports, games,
				or hobbies, unless such course or other education is part of the individual's
				degree program.
								(D)Exception for
				nonacademic feesSuch term does not include student activity
				fees, athletic fees, insurance expenses, or other expenses unrelated to an
				individual's academic course of instruction.
								(3)Eligible
				educational institutionThe term eligible educational
				institution means an institution—
								(A)which is
				described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088),
				as in effect on the date of the enactment of the Taxpayer Relief Act of 1997,
				and
								(B)which is eligible
				to participate in a program under title IV of the Higher Education Act of
				1965.
								(d)Election not To
				have section applyA taxpayer may elect not to have this section
				apply with respect to the qualified tuition and related expenses of an
				individual for any taxable year.
						(e)Special
				rules
							(1)Identification
				requirementNo credit shall be allowed under subsection (a) to a
				taxpayer with respect to the qualified tuition and related expenses of an
				individual unless the taxpayer includes the name and taxpayer identification
				number of such individual on the return of tax for the taxable year.
							(2)Adjustment for
				certain scholarships, etcThe amount of qualified tuition and
				related expenses otherwise taken into account under subsection (a) with respect
				to an individual for an academic period shall be reduced (before the
				application of subsections (a), (b), and (c)) by the sum of any amounts paid
				for the benefit of such individual which are allocable to such period
				as—
								(A)a qualified
				scholarship which is excludable from gross income under section 117,
								(B)an educational
				assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United
				States Code, or under chapter 1606 of title 10, United States Code, and
								(C)a payment (other
				than a gift, bequest, devise, or inheritance within the meaning of section
				102(a)) for such individual's educational expenses, or attributable to such
				individual's enrollment at an eligible educational institution, which is
				excludable from gross income under any law of the United States.
								(3)Treatment of
				expenses paid by dependentIf a deduction under section 151 with
				respect to an individual is allowed to another taxpayer for a taxable year
				beginning in the calendar year in which such individual's taxable year
				begins—
								(A)no credit shall
				be allowed under subsection (a) to such individual for such individual's
				taxable year, and
								(B)qualified tuition
				and related expenses paid by such individual during such individual's taxable
				year shall be treated for purposes of this section as paid by such other
				taxpayer.
								(4)Treatment of
				certain prepaymentsIf qualified tuition and related expenses are
				paid by the taxpayer during a taxable year for an academic period which begins
				during the first 3 months following such taxable year, such academic period
				shall be treated for purposes of this section as beginning during such taxable
				year.
							(5)Denial of
				double benefitNo credit shall be allowed under this section for
				any expense for which a deduction is allowed under any other provision of this
				chapter.
							(6)No credit for
				married individuals filing separate returnsIf the taxpayer is a
				married individual (within the meaning of section 7703), this section shall
				apply only if the taxpayer and the taxpayer's spouse file a joint return for
				the taxable year.
							(7)Nonresident
				aliensIf the taxpayer is a nonresident alien individual for any
				portion of the taxable year, this section shall apply only if such individual
				is treated as a resident alien of the United States for purposes of this
				chapter by reason of an election under subsection (g) or (h) of section
				6013.
							(f)RegulationsThe
				Secretary may prescribe such regulations as may be necessary or appropriate to
				carry out this section, including regulations providing for a recapture of the
				credit allowed under this section in cases where there is a refund in a
				subsequent taxable year of any amount which was taken into account in
				determining the amount of such
				credit.
						.
			(b)Repeal of
			 deduction for qualified tuition and related expenses
				(1)In
			 generalPart VII of subchapter B of chapter 1 of the Internal
			 Revenue Code of 1986 is amended by striking section 222 (relating to qualified
			 tuition and related expenses).
				(2)Clerical
			 amendmentThe table of section for part VII of subchapter B of
			 chapter 1 of such Code is amended by striking the item relating to section
			 222.
				(c)Conforming
			 amendments
				(1)Paragraph (1) of
			 section 26(a) of the Internal Revenue Code of 1986 is amended by inserting
			 25A, after 24,.
				(2)Section 62(a) of
			 such Code is amended by striking paragraph (18).
				(3)Subparagraph (B)
			 of section 72(t)(7) of such Code is amended by striking section
			 25A(g)(2) and inserting section 25A(e)(2).
				(4)Section 221(d) of
			 such Code is amended—
					(A)by striking
			 section 25A(g)(2) in paragraph (2)(B) and inserting
			 section 25A(e)(2),
					(B)by striking
			 section 25A(f)(2) in paragraph (2)(B) and inserting
			 section 25A(c)(3), and
					(C)by striking
			 section 25A(b)(3) in paragraph (3) and inserting section
			 25A(c)(1).
					(5)Section 529 of
			 such Code is amended—
					(A)by striking
			 section 25A(g)(2) in subclause (I) of subsection (c)(3)(B)(v)
			 and inserting section 25(e)(2), and
					(B)by striking
			 section 25A(b)(3) in clause (i) of subsection (e)(3)(B) and
			 inserting section 25A(c)(1).
					(6)Section 530 of
			 such Code is amended—
					(A)by striking
			 section 25A(g)(2) in subclause (I) of subsection (d)(2)(C)(i)
			 and inserting section 25A(e)(2), and
					(B)by striking
			 section 25A(g)(2) in clause (iii) of subsection (d)(4)(B) and
			 inserting section 25A(e)(2).
					(7)Section 1400O of
			 such Code is amended by adding at the end the following flush sentence:

						For
				purposes of this section, any reference to section 25A shall be treated as a
				reference to such section before the date of the enactment of this
				sentence..
				(8)Subsection (e) of
			 section 6050S of such Code is amended by striking (without regard to
			 subsection (g)(2) thereof) and inserting (without regard to
			 subsection (e)(2) thereof).
				(9)Subparagraph (J)
			 of section 6213(g)(2) of such Code is amended by striking section
			 25A(g)(1) and inserting section 25A(e)(1).
				(10)The table of
			 sections for subpart A of part IV of subchapter A of chapter 1 of such Code is
			 amended by striking the item relating to section 25A and inserting the
			 following:

							Sec. 25A. Higher education opportunity
				credit.

						.
				(d)Effective
			 dateThe amendments made by this section shall apply to expenses
			 paid after December 31, 2008 (in taxable years ending after such date), for
			 education furnished in academic periods beginning after such date.