		I
		111th CONGRESS
		2d Session
		H. R. 5444
		IN THE HOUSE OF REPRESENTATIVES

			May 27, 2010
			Mr. Paul introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committees on
			 Appropriations,
			 House Administration,
			 Ways and Means,
			 Education and Labor,
			 Natural Resources,
			 the Judiciary, and
			 Rules, for a period to be
			 subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To amend the Internal Revenue Code of 1986 to repeal the
		  Patient Protection and Affordable Care Act and the Health Care and Education
		  Reconciliation Act of 2010 and to replace it with provisions reforming the
		  health care system by putting patients back in charge of health
		  care.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Private Option Health Care
			 Act.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Repeal of Patient Protection and Affordable Care Act
				and Health Care and Education Reconciliation Act of 2010.
					Sec. 3. Refundable credit for health care costs.
					Sec. 4. Disposition of unused health benefits in cafeteria
				plans and flexible spending arrangements.
					Sec. 5. Strengthening health savings accounts.
					Sec. 6. Repeal of 7.5 percent threshold on deduction for
				medical expenses.
					Sec. 7. Purchase of health insurance across State
				lines.
					Sec. 8. Facilitation of importation of drugs approved by Food
				and Drug Administration.
					Sec. 9. Credit for purchase by patient of insurance against
				negative outcomes resulting from surgery.
					Sec. 10. Exclusion from gross income for medical malpractice
				awards granted in binding arbitration.

			2.Repeal of Patient
			 Protection and Affordable Care Act and Health Care and Education Reconciliation
			 Act of 2010
			(a)PPACAEffective as of the enactment of the
			 Patient Protection and Affordable Care Act, such Act is repealed, and the
			 provisions of law amended or repealed by such Act are restored or revised as if
			 such Act had not been enacted.
			(b)Repeal of
			 HCERAEffective as of the
			 enactment of the Health Care and Education Reconciliation Act of 2010, such Act
			 is repealed, and the provisions of law amended or repealed by such Act are
			 restored or revised as if such Act had not been enacted.
			3.Refundable credit
			 for health care costs
			(a)In
			 GeneralSection 35 of the Internal Revenue Code of 1986 (relating
			 to health insurance costs of eligible individuals) is amended to read as
			 follows:

					35.Health insurance
				costs
						(a)In
				GeneralIn the case of an individual, there shall be allowed as a
				credit against the tax imposed by this subtitle an amount equal to the sum
				of—
							(1)the amount paid by
				the taxpayer for insurance which constitutes medical care for the taxpayer and
				the taxpayer’s spouse and dependents, plus
							(2)the amount
				contributed to a health savings account of the individual (or the individual’s
				spouse).
							(b)LimitationThe
				credit allowed by subsection (a) for the taxable year shall not exceed the sum
				of—
							(1)the taxpayer’s net
				income tax for the taxable year, plus
							(2)the taxpayer’s
				Social Security taxes (as defined in section 24(d)) for such taxable
				year.
							For
				purposes of paragraph (1), the term net income tax means the sum
				of the regular tax liability plus the tax imposed by section 55, reduced by the
				credits allowable under this part (other than this subpart).(c)Denial of Double
				Benefit
							(1)In
				generalAny amount allowed as a credit under this section shall
				not be taken into account in determining the amount of any deduction under this
				chapter.
							(2)Coordination
				with health savings account contributionsFor purposes of
				paragraph (1), amounts taken into account under subsection (a) for a taxable
				year shall be treated as being attributable to amounts paid for insurance to
				the extent of such
				payments.
							.
			(b)Conforming
			 Amendments
				(1)Section 223(b) of
			 such Code, as amended by section 5, is amended by adding at the end the
			 following new paragraph:

						(4)Coordination
				with credit for health insuranceThe limitation under paragraph
				(1) shall be reduced by the amount treated as being taken into account under
				section
				35(a)(2).
						.
				(2)Section
			 223(e)(3)(B) of such Code, as amended by section 5, is amended by inserting
			 nor treated as being taken into account under section 35(a)(2)
			 before the period at the end.
				(3)Section 4973(g) of
			 such Code is amended—
					(A)in paragraph (1)
			 by inserting or a credit under section 35 after section
			 223, and
					(B)in paragraph
			 (2)(B)(i) by striking maximum and inserting sum of the
			 amount treated as being taken into account under section 35(a)(2) plus
			 the.
					(4)Section 162 of
			 such Code is amended by striking subsection (l).
				(5)Chapter 77 of such
			 Code is amended by striking section 7527 and by striking the item relating to
			 section 7527 in the table of sections for such chapter.
				(6)Subpart B of part
			 III of subchapter A of chapter 61 of such Code is amended by striking section
			 6050T and by striking the item relating to section 6050T in the table of
			 sections for such chapter.
				(7)Section 6103(l) of
			 such Code is amended by striking paragraph (18).
				(8)Section 6103(p) of
			 such Code is amended—
					(A)in paragraph
			 (3)(A) by striking (17), or (18) and inserting or
			 (17), and
					(B)in paragraph (4)
			 by striking or (18) after any other person described in
			 subsection (l)(10), (16) each place it appears.
					(9)Section
			 7213A(a)(1)(B) of such Code is amended by striking subsection (l)(18) or
			 (n) of section 6103 and inserting section
			 6103(n).
				(10)Section
			 6724(d)(1)(B) of such Code is amended by striking clause (xiii).
				(11)Section
			 6724(d)(2) of such Code is amended by striking subparagraph (DD).
				(12)The item relating
			 to section 35 in the table of sections for subpart C of part IV of subchapter A
			 of chapter 1 of such Code is amended to read as follows:

							Sec. 35. Health insurance
				costs.

						.
				(c)Effective
			 DateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2009.
			4.Disposition of
			 unused health benefits in cafeteria plans and flexible spending
			 arrangements
			(a)In
			 GeneralSection 125 of the Internal Revenue Code of 1986
			 (relating to cafeteria plans) is amended by redesignating subsections (i) and
			 (j) as subsections (j) and (k), respectively, and by inserting after subsection
			 (h) the following:

					(i)Carryforwards or
				Payments of Certain Unused Health Benefits
						(1)In
				generalFor purposes of this title, a plan or other arrangement
				shall not fail to be treated as a cafeteria plan solely because qualified
				benefits under such plan include a health flexible spending arrangement under
				which not more than $500 of unused health benefits may be—
							(A)carried forward to
				the succeeding plan year of such health flexible spending arrangement,
				or
							(B)paid to or on
				behalf of an employee as compensation as of the end of such plan year or upon
				the termination of, or failure to re-enroll in, such plan or
				arrangement.
							(2)Distribution of
				unused health benefits on behalf of employeeFor purposes of
				paragraph (1)(B), unused health benefits paid as compensation on behalf of an
				employee by the employer shall be—
							(A)includible in
				gross income and wages of the employee, whether or not a deduction for such
				payment is allowable under this title to the employee, and
							(B)excludable
				from—
								(i)gross income to
				the extent provided under section 402(e), 457(a) (with respect to contributions
				to an eligible deferred compensation plan (as defined in section 457(b)) of an
				eligible employer described in section 457(e)(1)(A)), or 220, and
								(ii)wages to the
				extent otherwise provided for amounts so excludable.
								(3)Health flexible
				spending arrangementFor purposes of this subsection, the term
				health flexible spending arrangement means a flexible spending
				arrangement (as defined in section 106(c)) that is a qualified benefit and only
				permits reimbursement for expenses for medical care (as defined in section
				213(d)(1)) (without regard to subparagraphs (C) and (D) thereof).
						(4)Unused health
				benefitsFor purposes of this subsection, the term unused
				health benefits means the excess of—
							(A)the maximum amount
				of reimbursement allowable during a plan year under a health flexible spending
				arrangement, over
							(B)the actual amount
				of reimbursement during such year under such
				arrangement.
							.
			(b)Effective
			 DateThe amendment made by subsection (a) shall apply to taxable
			 years beginning after December 31, 2009.
			5.Strengthening
			 health savings accounts
			(a)Repeal of
			 Requirement for Coverage Under High Deductible Health Plan
				(1)In
			 generalSection 223 of the Internal Revenue Code of 1986
			 (relating to health savings accounts) is amended by striking subsections (a),
			 (b), and (c) and inserting the following:

						(a)Deduction
				AllowedIn the case of an individual, there shall be allowed as a
				deduction for the taxable year an amount equal to the aggregate amount paid in
				cash during such taxable year by or on behalf of such individual to a health
				savings account of such individual.
						(b)Limitations
							(1)In
				generalThe amount allowable as a deduction to a taxpayer under
				subsection (a) for the taxable year shall not exceed $8,000 ($16,000 in the
				case of a joint return).
							(2)Coordination
				with other contributionsThe limitation which would (but for this
				paragraph) apply under this subsection to a taxpayer for any taxable year shall
				be reduced (but not below zero) by the sum of—
								(A)the aggregate
				amount paid for such taxable year to Archer MSAs of the taxpayer, and
								(B)the aggregate
				amount contributed to health savings accounts of the taxpayer which is
				excludable from the taxpayer’s gross income for such taxable year under section
				106(d) (and such amount shall not be allowed as a deduction under subsection
				(a)).
								(3)Denial of
				deduction to dependentsNo deduction shall be allowed under this
				section to any individual with respect to whom a deduction under section 151 is
				allowable to another taxpayer for a taxable year beginning in the calendar year
				in which such individual’s taxable year
				begins.
							.
				(2)Conforming
			 amendments
					(A)Section 223 of
			 such Code is amended by redesignating subsections (d), (e), (f), (g), and (h)
			 as subsections (c), (d), (e), (f), and (g), respectively.
					(B)Section 223(f) of
			 such Code (as redesignated by subparagraph (A)) is amended to read as
			 follows:

							(f)Cost-of-Living
				Adjustment
								(1)In
				generalIn the case of any taxable year beginning in a calendar
				year after 2010, each dollar amount in subsection (b)(1) shall be increased by
				an amount equal to—
									(A)such dollar
				amount, multiplied by
									(B)the cost-of-living
				adjustment determined under section 1(f)(3) for the calendar year in which such
				taxable year begins, determined by substituting calendar year
				2009 for calendar year 1992 in subparagraph (B)
				thereof.
									(2)RoundingIf
				any increase under paragraph (1) is not a multiple of $50, such increase shall
				be rounded to the nearest multiple of
				$50.
								.
					(C)Section
			 26(b)(2)(S) of such Code is amended by striking section
			 223(f)(4) and inserting section 223(e)(4).
					(D)Each of the
			 following sections of such Code is amended by striking section
			 223(d) and inserting section 223(c):
						(i)Section
			 35(g)(3).
						(ii)Section
			 106(d)(1).
						(iii)Section
			 220(f)(5)(A).
						(iv)Section
			 848(e)(1)(B)(v).
						(v)Section
			 4973(a)(5).
						(vi)Section
			 4973(g).
						(vii)Section
			 4975(c)(6).
						(viii)Section
			 4975(e)(1)(E).
						(ix)Section
			 6051(a)(12).
						(E)Section 4973(g) of
			 such Code is amended—
						(i)in
			 paragraph (1) by striking section 223(f)(5) and inserting
			 section 223(e)(5),
						(ii)in
			 paragraph (2)(A) by striking section 223(f)(2) and inserting
			 section 223(e)(2), and
						(iii)in
			 the matter following paragraph (2) by striking section 223(f)(3)
			 and inserting section 223(e)(3).
						(F)Section 4975(c)(6)
			 of such Code is amended by striking section 223(e)(2) and
			 inserting section 223(d)(2).
					(G)Section
			 6693(a)(2)(C) of such Code is amended by striking section 223(h)
			 and inserting section 223(g).
					(b)Deduction
			 Allowed for Premium Payments for High Deductible PoliciesSection
			 223(c)(2)(C) of such Code (as amended by subsection (a)) is amended by striking
			 or at the end of clause (iii), by striking the period at the end
			 of clause (iv) and inserting , or, and by inserting after clause
			 (iv) the following new clause:

					(v)a
				high deductible health
				plan.
					.
			(c)Purchase of
			 Medigap Policies PermittedClause (iv) of section 223(c)(2)(C) of
			 such Code (as amended by this section) is amended by striking other
			 than and inserting , including.
			(d)Effective
			 DateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2009.
			6.Repeal of 7.5
			 percent threshold on deduction for medical expenses
			(a)In
			 GeneralSubsection (a) of section 213 of the Internal Revenue
			 Code of 1986 (relating to deduction for medical expenses) is amended by
			 striking to the extent that such expenses exceed 7.5 percent of adjusted
			 gross income.
			(b)Effective
			 DateThe amendment made by this section shall apply to taxable
			 years beginning after December 31, 2009.
			7.Purchase of
			 health insurance across State linesNotwithstanding any other Federal or State
			 law, any individual residing in a State in the United States may purchase
			 health insurance coverage from a health insurance issuer located in any other
			 such State so long as such issuer is in compliance withal relevant laws of the
			 State of its incorporation (or the State where it is domiciled or primarily
			 does business).
		8.Facilitation of
			 importation of drugs approved by Food and Drug Administration
			(a)In
			 GeneralChapter VIII of the Federal Food, Drug, and Cosmetic Act
			 (21 U.S.C. 381 et seq.) is amended—
				(1)by striking
			 section 804; and
				(2)in section
			 801(d)—
					(A)by striking
			 paragraph (2); and
					(B)by striking
			 (d)(1) and all that follows through the end of paragraph (1) and
			 inserting the following:

							(d)(1)(A)A person who meets applicable legal
				requirements to be an importer of drugs described in subparagraph (B) may
				import such a drug (without regard to whether the person is a manufacturer of
				the drug) if the person submits to the Secretary an application to import the
				drug and the Secretary approves the application.
									(B)For purposes of subparagraph (A), the drugs
				described in this subparagraph are drugs that are subject to section 503(b)(1)
				or that are composed wholly or partly of insulin.
									(C)The Secretary shall approve an
				application under subparagraph (A) if the application demonstrates that the
				drug to be imported meets all requirements under this Act for the admission of
				the drug into the United States, including demonstrating that—
										(i)an
				application for the drug has been approved under section 505, or as applicable,
				under section 351 of the Public Health Service Act; and
										(ii)the drug is not adulterated or
				misbranded.
										(D)Not later than 60 days after the date on
				which an application under subparagraph (A) is submitted to the Secretary, the
				Secretary shall—
										(i)approve the application; or
										(ii)refuse to approve the application and
				provide to the person who submitted the application the reason for such
				refusal.
										(E)This paragraph may not be construed
				as affecting any right secured by
				patent.
									.
					(b)Conforming
			 AmendmentsSection 801(d) of the Federal Food, Drug, and Cosmetic
			 Act (21 U.S.C. 381(d)) is amended—
				(1)by redesignating
			 paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
				(2)in subclause (III)
			 of paragraph (2)(A)(i) (as redesignated by this subsection), by striking
			 paragraph (4) and inserting paragraph (3);
			 and
				(3)in paragraph (3)
			 (as redesignated by this subsection), by striking paragraph (3)
			 each place such term appears and inserting paragraph (2).
				9.Credit for
			 purchase by patient of insurance against negative outcomes resulting from
			 surgery
			(a)In
			 GeneralSubpart A of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to nonrefundable credits) is amended by
			 inserting after section 25D the following new section:

					25E.Cost of
				insurance purchased by patient against negative outcomes resulting from
				surgery
						(a)In
				GeneralIn the case of an individual, there shall be allowed as a
				credit against the tax imposed by this chapter for the taxable year an amount
				equal to the cost of negative outcomes insurance covering the individual or the
				spouse or any dependent (as defined in section 152) of the individual.
						(b)Negative
				Outcomes InsuranceFor purposes of this section, the term
				negative outcomes insurance means insurance covering any negative
				side effect of surgery, including those caused by malpractice from the action
				or inaction of a
				physician.
						.
			(b)Conforming
			 AmendmentThe table of sections for such subpart A of such Code
			 is amended by inserting after the item relating to section 25D the following
			 new item:

						Sec. 25E. Cost of insurance purchased by patient against
				negative outcomes resulting from
				surgery.

					.
			(c)Effective
			 DateThe amendments made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.
			10.Exclusion from
			 gross income for medical malpractice awards granted in binding
			 arbitration
			(a)In
			 GeneralSection 104 of the Internal Revenue Code of 1986
			 (relating to compensation for injuries or sickness) is amended by redesignated
			 subsection (d) as subsection (e) and by inserting after subsection (c) the
			 following new subsection:

					(d)Medical
				Malpractice Binding Arbitration AwardsIn the case of damages
				awarded for medical malpractice in binding arbitration, gross income does not
				include such damages (whether for lost wages or
				otherwise).
					.
			(b)Effective
			 DateThe amendment made by subsection (a) shall apply to damages
			 awarded after the date of the enactment of this Act.


115 HR 6946 IH: Supporting Early Learning Act
U.S. House of Representatives
2018-09-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6946IN THE HOUSE OF REPRESENTATIVESSeptember 27, 2018Mr. Himes (for himself, Mr. Connolly, and Mr. Polis) introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo establish an Early Learning Challenge Fund to support States in building and strengthening systems of high-quality early learning and development programs, and for other purposes.
1.Short titleThis Act may be cited as the Supporting Early Learning Act. 2.PurposeThe purpose of this Act is to support States in building and strengthening systems of high-quality early learning and development programs.
3.Programs authorized
(a)Quality pathways grantsThe Secretary of Education shall use funds made available to carry out this Act for a fiscal year to award grants, on a competitive basis, to States that have demonstrated the greatest progress in establishing and committing to maintain a system of high-quality State early learning programs, consistent with section 4. (b)Development grantsThe Secretary may use funds made available to carry out this Act for a fiscal year to award grants, on a competitive basis, in accordance with section 5 to States that demonstrate a commitment to establishing and committing to maintain a high-quality system of early learning that will include the components described in section 4(c)(4) but are not—
(1)eligible to be awarded a grant under subsection (a); or (2)awarded such a grant after application.
(c)Reservations of Federal funds
(1)Research, evaluation, and administrationFrom the amount made available to carry out this Act for a fiscal year, the Secretary— (A)shall reserve not more than 2 percent to administer this Act jointly with the Secretary of Health and Human Services for expenses of both agencies pursuant to the interagency agreement described in subsection (h); and
(B)shall reserve not more than 5 percent to carry out activities under section 6. (2)Tribal school readiness planning demonstrationAfter making the reservations under paragraph (1), the Secretary shall reserve 5 percent for a competitive grant demonstration program for Indian tribes to develop and implement school readiness plans and programs that—
(A)increase access to high-quality State early learning programs that improve health, social, emotional, cognitive, and physical outcomes and school readiness; and (B)support Native culture in a tribally administered early learning program, including American Indian and Alaska Native Head Start and Early Head Start programs.
(d)State applicationsIn applying for a grant under this Act, a Governor shall designate or establish a State-level entity (referred to in this Act as the State) for administration of the grant. Such entity— (1)shall coordinate proposed activities with the State Advisory Council on Early Childhood Education and Care (established pursuant to section 642B(b)(1)(A) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A))) and shall incorporate plans and recommendations from such Council in the application, where applicable; and
(2)shall submit the application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (e)Priority in awarding grantsIn awarding grants under this Act, the Secretary shall give priority to States—
(1)whose applications contain assurances that the State will use, in part, funds reserved under section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) for activities described in section 4(c)(4); (2)that demonstrate efforts to build public-private partnerships, including partnerships with nonprofits and private entities, designed to accomplish the purpose of this Act; and
(3)that have invested their own funds in early childhood education. (f)Use of funds (1)Authorized uses of funds for evaluationsFunds available under this Act may be used for evaluating children for the purposes of—
(A)improving instruction or classroom environment; (B)targeting professional development;
(C)determining the need for health, mental health, disability, or family support services; (D)informing the quality improvement process at the State level;
(E)program evaluation for the purposes of program improvement and parent information; (F)research conducted as part of the national evaluation described under section 5; or
(G)assessing children’s level of readiness for school success across a broad range of domains of learning and development, including physical well-being and motor development, social and emotional development, approaches toward learning, language development, and cognition and general knowledge. (2)Prohibition on use of fundsFunds available under this Act may not be used for any of the following:
(A)Assessments that provide rewards or sanctions for individual children or teachers. (B)A single assessment used as the primary or sole method for assessing program effectiveness.
(g)Maintenance of effortWith respect to each period for which a State is awarded a grant under this Act, the expenditures by the State on State early learning programs shall not be less than the greater of the level of the expenditures for such programs in the prior fiscal year or as of the date of enactment of this Act. (h)Interagency agreement (1)In generalThe Secretary and the Secretary of Health and Human Services shall jointly develop policy for, and administer, this Act in accordance with such terms as the Secretaries shall set forth in an interagency agreement.
(2)Obligation and disbursement of funds by Secretary of EducationThe Secretary of Education shall be responsible for obligating and disbursing funds and ensuring compliance with applicable laws and administrative requirements, in accordance with the General Education Provisions Act (20 U.S.C. 1221 et seq.) and parts 74 through 80 of title 34, Code of Federal Regulations. 4.Quality pathways grants (a)Grant periodGrants under section 3(a)—
(1)may be awarded for a period of 3 years; and (2)may be extended, for a 2-year period, subject to approval by the Secretary, and based on the State’s progress in—
(A)increasing the number and percentage of children from low-income families in each age group of infants, toddlers, and preschoolers, enrolled in high-quality State early learning programs; (B)meeting the components described in subsection (c)(4);
(C)increasing the number of high-quality State early learning programs in low-income communities; and (D)incorporating the program quality findings and recommendations, as appropriate.
(b)Matching requirementSubject to section 9, to be eligible to receive a grant under subsection (a) or (b) of section 3, a State shall contribute to the activities assisted under the grant, non-Federal matching funds in an amount equal to not less than 15 percent of the amount of the grant. (c)State applicationsIn order to receive a grant under section 3(a), a State’s application under section 3(d) shall include a plan that includes the following:
(1)A description of how the State will use funds prioritized for those programs serving high proportions of low-income children in accordance with subsection (e) to improve health, social, emotional, cognitive, physical development, and school readiness for young children by implementing quality initiatives to improve State early learning programs serving disadvantaged children from birth to entry into kindergarten to lead to a greater percentage of children from low-income families participating in high-quality State early learning programs. (2)A description of the benchmarks, consistent with section 7, the State will establish to demonstrate that a greater percentage of children from low-income families are participating in high-quality State early learning programs.
(3)A description of how the State will integrate existing State early learning programs and services into a comprehensive system for early learning and development. (4)A description of how the State will implement a system of high-quality State early learning programs and services that includes the following components:
(A)A governance structure. (B)State early learning standards.
(C)A process to ensure that State early learning standards are integrated into the instructional and programmatic practices of State early learning programs and services. (D)A tiered program rating and improvement system that fully integrates early learning standards, applicable State licensing requirements, program quality standards, and other applicable State regulatory standards, which, at a minimum, shall include standards regarding preservice and ongoing training for staff in early childhood development, health, and safety, and other program standards as required by the State, and that—
(i)is designed to improve quality and effectiveness across different types of early learning settings; (ii)has progressively higher levels of program quality leading to quality levels consistent with or higher than nationally recognized, high-quality program quality standards that are valid and reliable for State early learning programs, such as the Head Start performance standards described in section 641A of the Head Start Act (42 U.S.C. 9836a);
(iii)determines the extent to which individual programs across different types of settings integrate the State’s early learning standards for the purpose of improving instructional and programmatic practices; (iv)addresses quality for and effective inclusion of children with disabilities or developmental delays across all early learning settings;
(v)addresses staff qualifications, training, and professional development and education; (vi)addresses the quality of early learning facilities;
(vii)builds the capacity of State early learning programs and communities to promote parents' and families' understanding of the State's early learning system and the rating of the programs in which their child is enrolled; (viii)provides financial incentives and other supports designed to achieve and sustain higher levels of quality; and
(ix)includes mechanisms for evaluating how programs are meeting the State's program quality standards and progressively higher levels of quality. (E)A system of program review and monitoring that is designed—
(i)to rate providers using the system described in subparagraph (D) in a way that is accessible and useful to parents; (ii)to assess and improve programmatic practices and instructional practices; and
(iii)to provide high-quality environments that can engage children with materials, curricula, and experiences appropriate to the developmental level of the child. (F)A process to support and increase the number of State early learning programs integrating instructional and programmatic practices that guide and improve instructional practice, professional development of staff, and services that—
(i)include developmentally appropriate, culturally and linguistically appropriate, ongoing, classroom-based instructional assessments for each domain of child development and learning; and (ii)are aligned with the curriculum used in the State early learning program and with the State early learning standards or the Head Start Child Outcomes Framework (as described in the Head Start Act (42 U.S.C. 9831 et seq.)), as applicable.
(G)A plan for providing comprehensive preservice preparation and professional development to create, educate, and support a knowledgeable, highly skilled, and well-compensated workforce, across all types of early childhood settings serving all children from birth to kindergarten entry. (H)Outreach strategies that incorporate multiple strategies for parent, expectant parent, and family involvement and education.
(I)A plan to promote understanding by parents and families of— (i)the State's program rating system, as described in subparagraph (D); and
(ii)the rating of the program in which their child is enrolled. (J)A coordinated system to facilitate prompt screening, referral, and provision of services related to health, mental health, disability, and family support for children participating in State early learning programs.
(K)A process for evaluating school readiness in children that reflects all of the major domains of development, and that— (i)is used to guide practice and improve State early learning programs; and
(ii)includes multiple measures of school readiness at kindergarten entry, and which shall reflect a sample across the State. (L)A comprehensive plan that promotes nutrition and wellness in early learning settings, and which—
(i)includes program standards for the healthful development of infants, toddlers, and young children; (ii)encourages the provision of foods and beverages in accordance with the guidelines of the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), and which incorporates age appropriate recommendations to reduce the consumption and excess of sugar, saturated fat, and sodium; and
(iii)reflects physical activity recommendations which are appropriate for young children from birth through kindergarten entry. (M)A plan to implement or enhance the State’s data system for early learning programs, including—
(i)alignment and interoperability between the data system for early learning programs for children and data systems for elementary and secondary education so that progress on key data elements can be tracked over time with minimal duplication; and (ii)uniform data collection from all providers that receive public funding about the quality of early learning programs, essential information about the children and families that participate in such programs, and the qualifications and compensation of the early learning workforce in such programs.
(N)A plan to ensure effective transitions between State early learning programs and the kindergarten through grade 3 public school system in the State. (O)A plan for how the State will determine which State early learning programs received significant direct funding under this Act, and are not making sufficient quality improvement, including a description of the technical assistance the State will provide to such programs and how the State shall determine when to shift unspent funds under this Act to other State early learning programs in the same geographic region serving similar populations, to the extent practicable.
(5)A description of how the State will ensure that programs receiving funds under this Act are participating in the State tiered program rating system described in paragraph (4)(D). (6)A description of how the funds provided under the grant will be targeted to enhance the quality of early learning programs in order to increase the number and percentage of children from low-income families in high-quality State early learning programs, including children—
(A)in each age group (infants, toddlers, and preschoolers); (B)living in rural and urban areas;
(C)who are among the most disadvantaged children; and (D)who need access to full-day, full-year State early learning programs.
(7)A description of the steps the State will take to ensure that all center-based child care programs, family child care programs, State-funded prekindergarten, Head Start programs under the Head Start Act (42 U.S.C. 9831 et seq.), and other State early learning programs are included in the State system described in paragraph (4). (8)A description of disparities by age group (infants, toddlers, and preschoolers) and race and ethnicity of available high-quality State early learning programs in low-income communities and the steps the State will take to decrease such disparities, if applicable.
(9)A description of how the State facilitates access to high-quality State early learning programs for each of the populations described in subparagraphs (A) through (E) of section 10(2), such as through subsidies for children in State early learning programs. (10)A description of how the State will align early learning standards with—
(A)appropriate State academic content standards for kindergarten through grade 3; and (B)elements of program quality standards.
(11)A description of how the State will improve interagency collaboration and coordinate the early childhood programs and services throughout the State. (12)A description of the timeframe the State proposes to develop and implement the elements described in such State's application.
(13)A description of how the State will implement a process for improving the quality of early learning services to better meet the needs of the most disadvantaged children, including children who are limited English proficient and children with disabilities. (14)An assurance that the grant will be used to improve the quality of State early learning programs across a range of types of settings and providers of such programs, and all ages of children (from birth to kindergarten entry).
(15)An assurance that the Governor has designated or created a State Advisory Council on Early Childhood Education and Care (established pursuant to section 642B(b)(1)(A) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A))), has taken steps to ensure that membership includes all representatives described in section 642B(b)(1)(C) of such Act, and has consulted with such State Advisory Council on Early Childhood Education and Care in applying for a grant under this Act. (16)An assurance that the grant will be used only to supplement, and not to supplant, Federal, State, and local funds otherwise available to support existing State early learning programs and services.
(17)An assurance that the State will continue to participate in section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.) for the duration of the grant. (d)Criteria used in awarding grantsIn awarding grants under section 3(a), the Secretary shall award grants under such section, on a competitive basis, to those States that have demonstrated the greatest progress in establishing and committing to maintain a system of high-quality State early learning programs, on a competitive basis, based on the State's commitment to meeting and developing, as necessary, the components described in subsection (c)(4).
(e)State uses of fundsA State receiving a grant under section 3(a) shall use the grant funds for activities that implement or improve the system components described in subsection (c)(4) and help State early learning programs meet and sustain higher levels of program quality standards and move more low-income children into higher quality programs, consistent with the plan submitted in accordance with subsection (c). (f)Funds To expand accessA State may apply to the Secretary to reserve not more than 25 percent of the amount of the grant to expand access for children from low-income families, proportional to the disparities by age group identified in subsection (c)(8), to the highest quality State early learning programs that offer full-day, full-year services.
5.Development grants
(a)State applicationsIn order to receive a grant under section 3(b), a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require, including a description of how the State will develop a plan consistent with section 4(c). (b)Grant periodGrants under section 3(b)—
(1)may be awarded for a period of not to exceed 3 years; and (2)may be extended, for a 2-year period, subject to approval by the Secretary, and based on the State’s progress in—
(A)increasing the number and percentage of children from low-income families in each age group of infants, toddlers, and preschoolers, enrolled in high-quality State early learning programs; (B)increasing the number of high-quality State early learning programs in low-income communities; and
(C)incorporating the program quality findings and recommendations, as appropriate. (c)State uses of funds (1)In generalA State receiving a grant under section 3(b) shall use the grant funds to undertake activities to develop the components of early learning services described in section 4(c)(4) that will allow the State to become eligible and competitive for a grant described in section 3(a).
(2)PriorityIn improving the quality of State early learning programs in the State, the State shall prioritize the quality of State early learning programs serving children from low-income families. 6.Research and evaluationFrom funds reserved under section 3(c)(1)(B), the Secretary and the Secretary of Health and Human Services, acting jointly and in accordance with section 11, shall carry out activities to ensure the success of grants to States under this Act.
7.Benchmarks; indicators; reporting
(a)IndicatorsThe Secretary shall define, by regulation, indicators to be used to measure success on the activities carried out under a grant under this Act, the primary indicator of which shall be increasing the number and percentage of low-income children in high-quality, State early learning programs. (b)BenchmarksEach State receiving a grant under this Act shall—
(1)develop quantifiable benchmarks for the State and the activities supported under the grant based on the indicators described in subsection (a) that are applicable to the State; (2)submit the benchmarks for approval to the Secretary; and
(3)report to the Secretary on progress in meeting such benchmarks as required by the Secretary. (c)DisaggregationThe indicators and benchmarks described in this section shall be disaggregated.
8.Technical assistanceThe Secretary shall reserve not more than $5,000,000 from amounts appropriated under this Act to directly, or through grant or contract, provide technical assistance to eligible entities to prepare the entities to qualify, apply for, and maintain grants under section 4 or 5. 9.Financial hardship waiverThe Secretary may waive or reduce a requirement under this Act regarding the non-Federal share of a State or maintenance of effort of a State if the State demonstrates a need for such waiver or reduction due to financial hardship.
10.DefinitionsIn this Act: (1)ChildThe term child refers to an individual from birth through the day the individual enters kindergarten.
(2)DisadvantagedThe term disadvantaged, when used with respect to a child, means— (A)a child from a low-income family;
(B)a homeless child; (C)a child in the custody of a child welfare agency;
(D)a child with a developmental delay or disability; or (E)a child who is limited English proficient.
(3)Early learning standardsThe term early learning standards means a set of expectations for the learning and development of children from birth through entry into kindergarten that— (A)emphasize significant developmentally appropriate content and outcomes that describe what children should know and be able to do across all domains, including language, literacy, mathematics, science, social development, emotional development, health and physical well-being, and approaches to learning;
(B)are based on research about the processes, sequences, and long-term influence of early learning and development; (C)identify approaches to learning that are developmentally appropriate (including culturally and linguistically appropriate) and supportive of positive outcomes for all children;
(D)are aligned with the appropriate State academic content standards for kindergarten through grade 3; (E)inform providers, programs, teachers, schools, parents, and the community on what young children are expected to learn; and
(F)guide providers, programs, teachers, and schools in supporting children to help children meet high expectations. (4)Homeless childrenThe term homeless children has the meaning given the term homeless children and youths in section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)).
(5)Indian tribeThe term Indian tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (6)Limited English proficientThe term limited English proficient has the meaning given the term in section 637 of the Head Start Act (42 U.S.C. 9832).
(7)Low-incomeThe term low-income, when used with respect to a child, means a child whose family income is described in section 658P(4)(B) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n(4)(B)). (8)Program quality standardsThe term program quality standards means the characteristics of State early learning programs, across a range of settings, that have an impact on children's development and learning. Such characteristics include—
(A)the ratio of early learning providers to children; (B)staff qualifications;
(C)the quality and effectiveness of interactions between early learning providers and children and the children's families in the program; (D)the program philosophy and curriculum;
(E)the quality and quantity of equipment and materials; (F)the quality of the physical environment; and
(G)safety and health provisions and other applicable Federal or State requirements with respect to State early learning programs. (9)SecretaryThe term Secretary means the Secretary of Education.
(10)StateThe term State has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (11)State early learning programThe term State early learning program has the meaning given the term early childhood education program in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
11.Research and evaluation; benchmarks and consultation
(a)Research and evaluation
(1)In generalThe Secretary shall transfer amounts reserved for research and evaluation under section 3(c)(1)(B) to the Institute of Education Sciences, to be used— (A)for the evaluation of grants or other assistance funded under such section;
(B)to support research on policies and practices related to such grants; and (C)to disseminate the results of such research and evaluation.
(2)CollaborationThe evaluation and research described in paragraph (1) shall be carried out in collaboration with— (A)the appropriate evaluation divisions within the Department of Education;
(B)the office within the Department of Education administering the grants that are the subject of the evaluation and research; and (C)the Department of Health and Human Services and the Department of Labor as appropriate.
(b)Developing indicators and benchmarksIn developing indicators and benchmarks for programs funded under this Act, the Secretary shall consult with the Secretary of Health and Human Services and the Director of the Institute of Education Sciences. 12.Appropriations (a)In generalThere are authorized to be appropriated to carry out this Act $350,000,000 for fiscal year 2019 and such sums as may be necessary for each of the 4 succeeding fiscal years.
(b)Availability of fundsFunds appropriated under this section for fiscal year 2019 shall be available through September 30, 2020.


116 HR 6240 IH: Federal Jobs Act
U.S. House of Representatives
2020-03-12
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 CONGRESS2d SessionH. R. 6240IN THE HOUSE OF REPRESENTATIVESMarch 12, 2020Mr. Hastings introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on House Administration, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo establish a Government-wide initiative to promote diversity and inclusion in the Federal workforce, and for other purposes.1.Short title; definitions(a)Short titleThis Act may be cited as the Federal Jobs Act.(b)DefinitionsIn this Act:(1)AgencyThe term agency has the meaning given the term Executive agency in section 105 of title 5, United States Code, and includes the United States Postal Service and the Postal Regulatory Commission.(2)Agency planThe term agency plan means an Executive agency-specific plan to carry out the Diversity Plan, as described in section 3.(3)Deputy DirectorThe term Deputy Director means the Deputy Director of Management of the Office of Management and Budget. (4)DirectorThe term Director means the Director of the Office of Personnel Management.(5)DiversityThe term diversity includes characteristics such as national origin, language, race, color, disability, ethnicity, gender, age, religion, sexual orientation, gender identity, socioeconomic status, and family structures.(6)Diversity PlanThe term Diversity Plan means the Diversity and Inclusion Initiative and Strategic Plan, as described in section 2.2.Executive branch Diversity and Inclusion Initiative and Strategic Plan(a)In generalThe Director of the Office of Personnel Management and the Deputy Director of Management of the Office of Management and Budget, in coordination with the President’s Management Council and the Chair of the Equal Employment Opportunity Commission, shall—(1)establish a coordinated initiative to promote diversity and inclusion in the executive branch workforce;(2)not later than 90 days after the date of the enactment of this Act—(A)develop and issue a Diversity and Inclusion Strategic Plan applicable to the executive branch, to be updated at a minimum every 4 years, that—(i)focuses on workforce diversity, workplace inclusion, and agency accountability and leadership; and(ii)highlights comprehensive strategies for agencies to identify and remove barriers to equal employment opportunity that may exist in recruitment, hiring, promotion, retention, professional development, and training policies and practices; (B)review applicable directives to agencies related to the development or submission of Executive agency human capital and other workforce plans and reports in connection with recruitment, hiring, promotion, retention, professional development, and training policies and practices, and develop a strategy for consolidating such agency plans and reports where appropriate and permitted by law; and(C)provide guidance to agencies concerning formulation of agency-specific plans under section 3 to carry out the Diversity Plan;(3)identify appropriate practices to improve the effectiveness of each agency’s efforts to recruit, hire, promote, retain, develop, and train a diverse and inclusive workforce, consistent with merit system principles; and(4)establish a system for regular reporting on agencies’ progress in implementing any Executive agency-specific plan to carry out the Diversity Plan.(b)ApplicationFor purposes of carrying out this section—(1)the term diversity includes characteristics such as national origin, language, race, color, disability, ethnicity, gender, age, religion, sexual orientation, gender identity, socioeconomic status, and family structures; and(2)recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a workforce from all segments of society while avoiding discrimination for or against any employee or applicant on the basis of race, color, religion, sex (including pregnancy or gender identity), national origin, age, disability, sexual orientation or any other prohibited basis. 3.Responsibilities of agencies(a)In generalThe head of each agency shall—(1)designate the agency’s Chief Human Capital Officer, Director of Equal Employment Opportunity, and Chief Diversity Officer (if any) to be responsible for enhancing employment and promotion opportunities within the agency, including development and implementation of the agency plan;(2)not later than 120 days after the date the Diversity Plan is issued or updated under section 1, develop or update (as the case may be) and submit for review to the Director and the Deputy Director an agency plan for recruiting, hiring, training, developing, advancing, promoting, and retaining a diverse workforce consistent with merit system principles, the agency’s overall strategic plan, its human capital operating plan prepared pursuant to part 250 of title 5, Code of Federal Regulations, and any other applicable workforce planning strategies and initiatives;(3)implement the agency plan after incorporating the plan into the agency’s human capital operating plan; and(4)provide information as specified by the reporting requirements developed under paragraph (4) of section 1.(b)Annual updatesNot later than 90 days after the date of the enactment of this Act and annually thereafter, the head of each agency, in consultation with the Director and the Deputy Director, shall publish a report on the agency’s public Internet website that includes—(1)disaggregated demographic data (sorted by race, color, national origin, religion, sex, age, or disability) relating to the workforce and information on the status of diversity and inclusion efforts of the agency;(2)an analysis of applicant flow data, as available (sorted by race, color, national origin, religion, sex, age, or disability);(3)disaggregated demographic data relating to participants in professional development programs of the agency and the rate of placement into senior positions for participants in such programs; and(4)data related to the employment of traditionally underrepresented groups.(c)Retention and exit interviews or surveys(1)Departing employeesThe head of each agency shall provide an opportunity for an exit interview or survey to each agency employee who separates from service with the agency to better understand the employee’s reasons for leaving such service.(2)Use of analysis from interviews and surveysThe head of each agency shall analyze demographic data and other information obtained through interviews and surveys under paragraphs (1) and (2) to determine—(A)if and how the diversity of those participating in such interviews and surveys impacts the results; and(B)whether to implement any policy changes or make any recommendations.(3)Tracking dataThe head of each agency shall—(A)track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs;(B)annually evaluate such data—(i)to identify ways to improve outreach and recruitment for such programs, consistent with merit system principles; and(ii)to understand how participation in any program offered or sponsored by the agency under subparagraph (A) differs among the demographic categories of the workforce; and(C)actively encourage participation from a range of demographic categories, especially from categories with consistently low participation.4.Legislative and judicial branches(a)Legislative branchEach office treated as an employing office under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) shall, to the greatest extent practicable, carry out the requirements of sections 2 and 3 with respect to the legislative branch of Government. (b)Judicial branchThe Director of the Administrative Office of the United States Courts shall, to the greatest extent practicable, carry out the requirements of sections 2 and 3 with respect to the judicial branch of Government.5.Diversity in Government procurement and grantmaking(a)Prime contractor reporting to agenciesEach prime contractor shall submit to the head of the agency with which the contractor is under contract an annual report, that includes a list of prime contractors and subcontractors, and the amounts they receive from the agency, that are economically and socially disadvantaged businesses as defined by part 124 of title 13, Code of Federal Regulations.(b)Annual reports(1)In generalNot later than 90 days after the date of the enactment of this Act, and annually thereafter, the head of each agency shall submit to the appropriate congressional committees a comprehensive report on activities to increase economically and socially disadvantaged businesses (as defined by such part 124) in procurement and grant making.(2)ContentEach report required under paragraph (1) shall include a description of the efforts of the agency—(A)to list, describe, and evaluate all activities used to increase the capacity of minority-led small nongovernmental organizations and civil society organizations to win bids and obtain contracts and grants and serve as subcontractors; and(B)to review any impact the restrictions related to the foreign exemption in Federal contracting under part 19 of the Federal Acquisition Regulation have had on economically and socially disadvantaged businesses (as defined by such part 124).


116 S852 IS: Anti-Semitism Awareness Act of 2019
U.S. Senate
2019-03-14
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
		116th CONGRESS1st Session
		S. 852
		IN THE SENATE OF THE UNITED STATES

			March 14, 2019
			Mr. Scott of South Carolina (for himself, Mr. Casey, Mr. Rubio, and Mr. Isakson) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To provide for the consideration of a definition of anti-Semitism for the enforcement of Federal
			 antidiscrimination laws concerning education programs or activities.

		1.Short title
 This Act may be cited as the Anti-Semitism Awareness Act of 2019.
 2.FindingsCongress makes the following findings: (1)Title VI of the Civil Rights Act of 1964 (referred to in the section as title VI) is one of the principal antidiscrimination statutes enforced by the Department of Education’s Office for Civil Rights.
 (2)Title VI prohibits discrimination on the basis of race, color, or national origin. (3)Both the Department of Justice and the Department of Education have properly concluded that title VI prohibits discrimination against Jews, Muslims, Sikhs, and members of other religious groups when the discrimination is based on the group’s actual or perceived shared ancestry or ethnic characteristics or when the discrimination is based on actual or perceived citizenship or residence in a country whose residents share a dominant religion or a distinct religious identity.
 (4)A September 8, 2010, letter from Assistant Attorney General Thomas E. Perez to Assistant Secretary for Civil Rights Russlynn H. Ali stated that [a]lthough Title VI does not prohibit discrimination on the basis of religion, discrimination against Jews, Muslims, Sikhs, and members of other groups violates Title VI when that discrimination is based on the group’s actual or perceived shared ancestry or ethnic characteristics.
 (5)To assist State and local educational agencies and schools in their efforts to comply with Federal law, the Department of Education periodically issues Dear Colleague letters. On a number of occasions, these letters set forth the Department of Education’s interpretation of the statutory and regulatory obligations of schools under title VI.
 (6)On September 13, 2004, the Department of Education issued a Dear Colleague letter regarding the obligations of schools (including colleges) under title VI to address incidents involving religious discrimination. The 2004 letter specifically notes that since the attacks of September 11, 2001, OCR has received complaints of race or national origin harassment commingled with aspects of religious discrimination against Arab Muslim, Sikh, and Jewish students..
 (7)An October 26, 2010, Dear Colleague letter issued by the Department of Education stated, While Title VI does not cover discrimination based solely on religion, groups that face discrimination on the basis of actual or perceived shared ancestry or ethnic characteristics may not be denied protection under Title VI on the ground that they also share a common faith. These principles apply not just to Jewish students, but also to students from any discrete religious group that shares, or is perceived to share, ancestry or ethnic characteristics (e.g., Muslims or Sikhs)..
 (8)Anti-Semitism, and harassment on the basis of actual or perceived shared ancestry or ethnic characteristics with a religious group, remains a persistent, disturbing problem in elementary and secondary schools and on college campuses.
 (9)Students from a range of diverse backgrounds, including Jewish, Arab Muslim, and Sikh students, are being threatened, harassed, or intimidated in their schools (including on their campuses) on the basis of their shared ancestry or ethnic characteristics including through harassing conduct that creates a hostile environment so severe, pervasive, or persistent so as to interfere with or limit some students’ ability to participate in or benefit from the services, activities, or opportunities offered by schools.
 (10)The 2010 Dear Colleague letter cautioned schools that they must take prompt and effective steps reasonably calculated to end the harassment, eliminate any hostile environment, and its effects, and prevent the harassment from recurring, but did not provide guidance on current manifestations of anti-Semitism, including discriminatory anti-Semitic conduct that is couched as anti-Israel or anti-Zionist.
 (11)The definition and examples referred to in paragraphs (1) and (2) of section 3 have been valuable tools to help identify contemporary manifestations of anti-Semitism, and include useful examples of discriminatory anti-Israel conduct that crosses the line into anti-Semitism.
 (12)Awareness of this definition of anti-Semitism will increase understanding of the parameters of contemporary anti-Jewish conduct and will assist the Department of Education in determining whether an investigation of anti-Semitism under title VI is warranted.
 3.DefinitionsFor purposes of this Act, the term definition of anti-Semitism— (1)includes the definition of anti-Semitism adopted on May 26, 2016, by the International Holocaust Remembrance Alliance (referred to in this section as IHRA), of which the United States is a member, which definition has been adopted by the Department of State; and
 (2)includes the [c]ontemporary examples of antisemitism identified in the IHRA definition. 4.Rule of construction for title VI of the Civil Rights Act of 1964In reviewing, investigating, or deciding whether there has been a violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) on the basis of race, color, or national origin, based on an individual’s actual or perceived shared Jewish ancestry or Jewish ethnic characteristics, the Department of Education shall take into consideration the definition of anti-Semitism as part of the Department’s assessment of whether the practice was motivated by anti-Semitic intent.
 5.AdministrationThe Assistant Secretary for Civil Rights shall administer and enforce title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) in a manner that is consistent with the manner of administration and enforcement described in the Dear Colleague letter issued on September 13, 2004, by the Deputy Assistant Secretary for Enforcement of the Department of Education, entitled Title VI and Title IX Religious Discrimination in Schools and Colleges.
		6.Other rules of construction
 (a)General rule of constructionNothing in this Act shall be construed— (1)to expand the authority of the Secretary of Education;
 (2)to alter the standards pursuant to which the Department of Education makes a determination that harassing conduct amounts to actionable discrimination; or
 (3)to diminish or infringe upon the rights protected under any other provision of law that is in effect as of the date of enactment of this Act.
 (b)Constitutional protectionsNothing in this Act shall be construed to diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States.


109 HR 6430 IH: Northern Border Travel Facilitation Act
U.S. House of Representatives
2006-12-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 2d Session
H. R. 6430
IN THE HOUSE OF REPRESENTATIVES

December 8, 2006
Mr. Manzullo (for himself and Mr. Peterson of Minnesota) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004, and for other purposes.

1.Short titleThis Act may be cited as the Northern Border Travel Facilitation Act.
2.State Driver's License and Identification Card Enrollment ProgramSection 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 note) is amended by adding at the end the following new subsection:

(e)State Driver’s License and Identification Card Enrollment Program
(1)In generalNotwithstanding any other provision of law, the Secretary of State and the Secretary of Homeland Security shall establish a State Driver’s License and Identification Card Enrollment Program as described in this subsection (hereinafter in this subsection referred to as the Program) and enter into a memorandum of understanding with an appropriate official of each State that elects to participate in the Program.
(2)PurposeThe purpose of the Program shall be to permit a citizen of the United States who produces a driver’s license or identification card that meets the requirements of paragraph (3) or a citizen of Canada who produces a document described in paragraph (4) to enter the United States from Canada without providing any other documentation or evidence of citizenship.
(3)Admission of citizens of the United StatesA driver’s license or identification card meets the requirements of this subparagraph if—
(A)the license or card—
(i)was issued by a State that is participating in the Program;
(ii)meets the requirements of section 202 of the REAL ID Act of 2005 (division B of Public Law 109–13; 49 U.S.C. 30301 note); and
(iii)includes the United States citizenship status of the individual to whom the license or card was issued; and
(B)the State that issued the license or card—
(i)has a mechanism that is approved by the Secretary of State to verify the United States citizenship status of an applicant for such a license or card;
(ii)does not require an individual to include the individual’s citizenship status on such a license or card; and
(iii)manages all information regarding an applicant’s United States citizenship status in the same manner as such information collected through the United States passport application process and prohibits any other use or distribution of such information.
(4)Admission of citizens of Canada
(A)In generalNotwithstanding any other provision of law, if the Secretary of State and the Secretary of Homeland Security determine that an identification document issued by the Government of Canada or by the Government of a Province or Territory of Canada meets security and information requirements comparable to the requirements for a driver’s license or identification card described in paragraph (3), the Secretary of Homeland Security shall permit a citizen of Canada to enter the United States from Canada using such a document without providing any other documentation or evidence of Canadian citizenship.
(B)Technology standardsThe Secretary of Homeland Security shall work, to the maximum extent possible, to ensure that an identification document issued by Canada that permits entry into the United States under subparagraph (A) utilizes technology similar to the technology utilized by identification documents issued by the United States or any State.
(5)Admission of childrenNotwithstanding any other provision of law, the Secretary of Homeland Security shall permit an individual to enter the United States without providing any evidence of citizenship if, at the time of such entry—
(A)the individual—
(i)is younger than 16 years of age;
(ii)is accompanied by the individual’s legal guardian; and
(iii)is entering the United States from Canada or another country if the Secretary permits an individual to enter the United States from that country under the Program pursuant to paragraph (6)(A); and
(B)such legal guardian provides a driver’s license or identification card described in paragraph (3), a document described in paragraph (4), or other evidence of citizenship if the Secretary permits an individual to enter the United States using such evidence under the Program pursuant to paragraph (6)(B).
(6)Authority to expandNotwithstanding any other provision of law, the Secretary of State and the Secretary of Homeland Security may expand the Program to permit an individual to enter the United States—
(A)from a country other than Canada; or
(B)using evidence of citizenship other than a driver’s license or identification card described in paragraph (3) or a document described in paragraph (4).
(7)Relationship to other requirementsNothing in this subsection shall have the effect of creating a national identification card or a certification of citizenship for any purpose other than admission into the United States as described in this subsection.
(8)State definedIn this subsection, the term State means any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
(9)Schedule for implementation
(A)In generalThe Secretary of Homeland Security and the Secretary of State shall implement the Program not later than December 31, 2009.
(B)Admission prior to implementationDuring the time period beginning on the date of the enactment of the Northern Border Travel Facilitation Act and ending on the date that the Program is implemented, the Secretary of Homeland Security shall permit an individual who is a citizen of the United States or Canada to enter the United States from Canada if that individual can demonstrate United States or Canadian citizenship to the satisfaction of the Secretary. Birth certificates issued by a State, or by the Government of Canada or by the Government of a Province or Territory of Canada, or a citizenship certificate or card issued by the Government of Canada shall be deemed to be a satisfactory demonstration of citizenship under this subparagraph..


116 S810 IS: COASTAL Implementation Act of 2019
U.S. Senate
2019-03-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 810IN THE SENATE OF THE UNITED STATESMarch 14, 2019Mr. Wicker introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo clarify the authority of the Administrator of the National Oceanic and Atmospheric
			 Administration with respect to post-storm assessments, and for other
			 purposes.

 1.Short titleThis Act may be cited as the COASTAL Implementation Act of 2019. 2.Named Storm Event Model and post-storm assessments (a)Amendments to the Omnibus Public Land Management Act of 2009Section 12312 of the Omnibus Public Land Management Act of 2009 (33 U.S.C. 3611) is amended—
 (1)in subsection (a)— (A)in paragraph (2), by striking the period at the end and inserting the following: , except that the term shall not apply with respect to a State or territory that has an operational wind and flood loss allocation system.;
 (B)in paragraph (6), by inserting sustained before winds; and (C)in paragraph (7), by striking that threaten any portion of a coastal State and inserting for which post-storm assessments are conducted;
 (2)in subsection (b)— (A)in paragraph (1)—
 (i)in subparagraph (A)— (I)by striking 540 days after the date of the enactment of the Consumer Option for an Alternative System to Allocate Losses Act of 2012 and inserting December 31, 2019; and
 (II)by striking by regulation; (ii)in subparagraph (B), by striking every and inserting an; and
 (iii)by adding at the end the following:  (C)Public reviewThe Administrator shall seek input and suggestions from the public before the Named Storm Event Model, or any modification to the Named Storm Event Model, takes effect.; and
 (B)in paragraph (2)— (i)by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively;
 (ii)by inserting after subparagraph (A) the following:  (B)Data collection (i)In generalUpon identification of a named storm under subparagraph (A), and pursuant to the protocol established under subsection (c), the Administrator may deploy sensors to enhance the collection of covered data in the areas in coastal States that the Administrator determines are at the highest risk of experiencing geophysical events that would cause indeterminate losses.
 (ii)Rule of constructionIf the Administrator takes action under clause (i), that action may not be construed as indicating that a post-storm assessment will be developed for any coastal State in which that action is taken.
 (C)Identification of indeterminate losses in coastal statesNot later than 30 days after the first date on which sustained winds of not less than 39 miles per hour are measured in a coastal State during a named storm identified under subparagraph (A), the Secretary of Homeland Security shall notify the Administrator with respect to the existence of any indeterminate losses in that coastal State resulting from that named storm.;
 (iii)in subparagraph (D), as so redesignated— (I)by striking identification of a named storm under subparagraph (A) and inserting confirmation of indeterminate losses identified under subparagraph (C) with respect to a named storm; and
 (II)by striking assessment for such named storm and inserting assessment for each coastal State that suffered such indeterminate losses as a result of the named storm;
 (iv)in subparagraph (E), as so redesignated— (I)by striking an identification of a named storm is made under subparagraph (A) and inserting any indeterminate losses are identified under subparagraph (C); and
 (II)by striking for such storm under subparagraph (B) and inserting under subparagraph (D) for any coastal State that suffered such indeterminate losses; and (v)by adding at the end the following:

								(F)Separate post-storm assessments for a single named storm
 (i)In generalThe Administrator may conduct a separate post-storm assessment for each coastal State in which indeterminate losses are identified under subparagraph (C).
 (ii)TimelineIf the Administrator conducts a separate post-storm assessment under clause (i), the Administrator shall complete the assessment based on the dates of actions that the Administrator takes under subparagraphs (C) and (D).; and
 (3)in subsection (c)— (A)in paragraph (1), by striking 540 days after the date of the enactment of the Consumer Option for an Alternative System to Allocate Losses Act of 2012 and inserting December 31, 2019;
 (B)in paragraph (2), by inserting , in the discretion of the Administrator, after of sensors as may; and (C)in paragraph (4)(B), by inserting and expend after receive.
 (b)Amendments to the National Flood Insurance Act of 1968Section 1337 of the National Flood Insurance Act of 1968 (42 U.S.C. 4057) is amended— (1)in subsection (a)—
 (A)in paragraph (3), by striking the period at the end and inserting the following: , except that the term shall not apply with respect to a State or territory that has an operational wind and flood loss allocation system.; and
 (B)in paragraph (5), by inserting sustained after maximum; (2)in subsection (b)—
 (A)in paragraph (1), by striking establish by rule and inserting publish for comment in the Federal Register; and (B)in paragraph (2)(B), by inserting after Elevation Certificate the following: , or other data or information used to determine a property's current risk of flood, as determined by the Administrator,;
 (3)in subsection (c)(3)(A)(i), by striking the issuance of the rule establishing the COASTAL Formula and inserting publication of the COASTAL Formula in the Federal Register as required by subsection (b)(1); (4)in subsection (h)—
 (A)by inserting that issues a standard flood insurance policy under the national flood insurance program after company; and (B)by striking or the COASTAL Formula and inserting , the COASTAL Formula, or any other loss allocation or post-storm assessment arising under the laws or ordinances of any State;
 (5)in subsection (i), by striking after the date on which the Administrator issues the rule establishing the COASTAL Formula under subsection (b) and inserting 60 days after publication of the COASTAL Formula in the Federal Register as required by subsection (b)(1); and
 (6)by adding at the end the following:  (k)Rule of constructionNothing in this section shall be construed to create a cause of action under this Act..


115 HR 2326 IH: Climate Solutions Commission Act of 2017
U.S. House of Representatives
2017-05-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2326IN THE HOUSE OF REPRESENTATIVESMay 3, 2017Mr. Delaney (for himself, Mr. Faso, Mr. Curbelo of Florida, Mr. Deutch, Mr. Meehan, Mr. Lowenthal, Mr. Fitzpatrick, Mr. Peters, Ms. Stefanik, Mr. Suozzi, Ms. Ros-Lehtinen, and Mr. Schneider) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo accelerate reductions in climate pollution in order to leave a better planet for future generations, and to create a bipartisan commission to develop economically viable policies to achieve science-based emissions reduction targets.
1.Short titleThis Act may be cited as the Climate Solutions Commission Act of 2017. 2.FindingsThe Congress finds that—
(1)there has been a marked increase in extreme weather events and the negative impacts of a changing climate are expected to worsen in every region of the United States; (2)if left unaddressed, the consequences of a changing climate have the potential to adversely impact the health of all Americans, harm the economy, and impose substantial costs on State and Federal budgets;
(3)efforts to reduce climate risk should protect our Nation’s economy, security, infrastructure, agriculture, water supply, and public safety; and (4)there is bipartisan support for pursuing efforts to reduce greenhouse gas emissions through economically viable, broadly supported private and public policies and solutions.
3.Establishment of CommissionEffective immediately upon the enactment of this Act, there shall be established a bipartisan commission to be known as the National Climate Solutions Commission (referred to in this Act as the Commission). 4.Purposes of CommissionThe Commission shall—
(1)undertake a comprehensive review of economically viable public and private actions or policies to reduce greenhouse gas emissions in the United States; (2)make recommendations for reducing greenhouse gas emissions to the President, Congress, and the States; and
(3)use as its goals for emissions reductions those estimated rates of reduction that reflect the latest scientific findings of what is needed to avoid serious human health and environmental consequences of a changing climate. 5.Membership of Commission (a)In generalThe Commission shall be composed of 10 members, appointed not later than 3 months after the date of enactment of this Act, as follows:
(1)One member shall be appointed by the President, who shall serve as cochairman of the Commission. (2)One member shall be appointed by the leader of the Senate, in consultation with the leader of the House of Representatives, that are members of the opposite party of the President, who shall serve as cochairman of the Commission.
(3)Two members shall be appointed by the Majority Leader of the Senate. (4)Two members shall be appointed by the Minority Leader of the Senate.
(5)Two members shall be appointed by the Speaker of the House of Representatives. (6)Two members shall be appointed by the Minority Leader of the House of Representatives.
(b)Initial meetingThe Commission shall meet not later than 6 months after the date of enactment of this Act. (c) RecommendationsThe Commission shall provide the recommendations described in section 4(2), based on the goals described in section 4(3), not later than 18 months after the date of enactment of this Act.
(d)Eligible membersTo be considered for membership on the Commission, an individual must be a representative from— (1)academic, scientific, or other nongovernmental organizations with expertise in the economy, energy, climate, or public health; or
(2)industry organizations, including small businesses, from relevant sectors such as— (A)energy supply and transmission, including fossil fuels and renewable energy;
(B)energy exploration and production, including fossil fuels and renewable energy; (C)solid waste and wastewater;
(D)transportation; (E)chemical manufacturing and user industries;
(F)agriculture; (G)construction and development; and
(H)forestry. (e)Ineligible membersNo employee, owner, director, or other affiliated person of an entity which has contributed pursuant to section 6(b) may be appointed to the Commission.
6.Funding for the activities of the Commission
(a)LimitationNo additional amounts may be authorized to be appropriated to establish or otherwise pay for the activities or salaries of the Commission. (b)Private sector donationsThe Secretary of the Treasury may collect and disseminate to the Commission private sector funds donated for the purposes of this Act.
(c)TransparencyThe amounts and sources of all funds donated pursuant to subsection (b) and all spending by the Commission shall be made publicly available on an Internet website. 7.Government Accountability Office study and report (a)Study requiredThe Comptroller General shall conduct a study of State, Federal, and private sector energy efficiency and renewable energy guaranteed loan programs, Green Banks, and other financial tools and institutions that are focused on—
(1)reducing the level of greenhouse gas emissions, including through sequestration and recycling; or (2)encouraging the research, development, prototyping, and deployment of energy efficiency and renewable energy technologies.
(b)Report requiredNot later than 180 days after the date on which the Comptroller General completes the study required by subsection (a), the Comptroller General shall submit to Congress a report containing— (1)the results of the study; and
(2)an assessment of those financial tools, policies, and institutions most successful at contributing to the reduction of greenhouse gas emissions while protecting economic growth and employment.