116 HR 9041 IH: National Emergencies Reform Act
U.S. House of Representatives
2020-12-21
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.

I116th CONGRESS2d SessionH. R. 9041IN THE HOUSE OF REPRESENTATIVESDecember 21, 2020Mr. Amash introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Foreign Affairs, 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 concernedA BILLTo amend the National Emergencies Act to provide for a sunset of a national emergency declared by the President 2 days after the declaration unless Congress enacts a joint resolution affirming such declaration and the emergency powers approved for use by the President, and for other purposes.1.Short titleThis Act may be cited as the National Emergencies Reform Act.2.Sunset for national emergencies without congressional approval(a)In generalSection 202 of the National Emergencies Act (50 U.S.C. 1622) is amended—(1)by striking subsection (a) and inserting the following: (a)Any national emergency declared by the President in accordance with this title shall terminate if—(1)there has not been enacted into law a joint resolution affirming the declaration of such emergency, including the specific emergency powers approved with respect to such emergency, before the expiration of the 48-hour period which begins on the first day which occurs after such national emergency is declared and on which both houses of Congress are in session (including in a pro forma session);(2)there is enacted into law a joint resolution terminating the emergency; or(3)the President issues a proclamation terminating the emergency.;(2)by striking subsection (b) and inserting the following:(b)(1)The date on which a national emergency is terminated pursuant to subsection (a) shall be the first occurrence of any of the following dates:(A)The last date of the period described in subsection (a)(1).(B)The date specified in any joint resolution referred to in subsection (a)(2).(C)The date specified in a proclamation by the President terminating the emergency as provided in subsection (a)(3).(2)Effective on the date of the termination of a national emergency under paragraph (1)—(A)any amounts reprogrammed or transferred under any provision of law with respect to the emergency that remain unobligated on that date shall be returned and made available for the purpose for which such amounts were appropriated;(B)any contracts entered into under any provision of law for construction relating to the emergency shall be terminated unless construction commenced under the contract before that date; and(C)any powers or authorities exercised by reason of said emergency shall cease to be exercised after that date, except that a termination shall not affect—(i)any action taken or proceeding pending not finally concluded or determined on such date;(ii)any action or proceeding based on any act committed prior to such date; or(iii)any rights or duties that matured or penalties that were incurred prior to such date.;(3)in subsection (c)—(A)in paragraph (1) by inserting or affirm after terminate; and(B)in paragraph (5) by striking , subsection (b) of this section,; and (4)by striking subsection (d) and inserting the following: (d)A national emergency declared by the President under section 201, affirmed by a joint resolution under subsection (a)(1), and not otherwise previously terminated, shall terminate on the date that is 60 days after the President transmitted to Congress the proclamation declaring the emergency under section 201(a) or Congress affirms a previous renewal pursuant to this subsection, unless—(1)the President publishes in the Federal Register and transmits to Congress an Executive order renewing the emergency; and(2)there is enacted into law a joint resolution affirming the renewal of the declaration, according to the requirements of subsection (c), before the termination of the emergency or previous renewal of the emergency..(b)Application to national emergencies previously declaredA national emergency declared under section 201 of the National Emergencies Act (50 U.S.C. 1601 et seq.) before the date of the enactment of this Act shall be unaffected by the amendments made by this Act except that such emergencies shall terminate on the date that is 60 days after such date of enactment unless the emergency is renewed under section 201(d) of the National Emergencies Act, as amended by this Act.


115 HR 2836 IH: Strengthening Homes and Eliminating Liabilities Through Encouraging Readiness Act
U.S. House of Representatives
2017-06-08
text/xml
EN
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I115th CONGRESS1st SessionH. R. 2836IN THE HOUSE OF REPRESENTATIVESJune 8, 2017Mr. Bilirakis (for himself and Mr. Crist) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide a credit against tax for hurricane and
			 tornado mitigation expenditures.

 1.Short titleThis Act may be cited as the Strengthening Homes and Eliminating Liabilities Through Encouraging Readiness Act or the SHELTER Act. 2.Nonrefundable personal credit for hurricane and tornado mitigation property (a)In generalSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section:

					25E.Hurricane and tornado mitigation property
 (a)Allowance of creditIn 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 25 percent of the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during such taxable year.
 (b)Maximum creditThe credit allowed under subsection (a) for any taxable year shall not exceed $5,000. (c)Qualified hurricane and tornado mitigation expenditureFor purposes of this section—
 (1)In generalThe term qualified hurricane and tornado mitigation property expenditure means an expenditure for property— (A)to improve the strength of a roof deck attachment,
 (B)to create a secondary water barrier to prevent water intrusion, (C)to improve the durability of a roof covering,
 (D)to brace gable-end walls, (E)to reinforce the connection between a roof and supporting wall,
 (F)to protect openings from penetration by windborne debris, or (G)to protect exterior doors and garages,
 in a qualified dwelling unit located in the United States and owned by the taxpayer.(2)Qualified dwelling unitThe term qualified dwelling unit means a dwelling unit that is assessed at a value that is less than $1,000,000 by the locality in which such dwelling unit is located and with respect to the taxable year for which the credit described in subsection (a) is allowed.
 (d)LimitationAn expenditure shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by a State-certified inspector.
 (e)Labor costsFor purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year.
 (f)Inspection costsFor purposes of this section, expenditures for inspection costs properly allocable to the inspection of the preparation, assembly, or installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year..
 (b)Conforming amendmentThe table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item:

						Sec. 25E. Hurricane and tornado mitigation property..
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2016. 3.Business-related credit for hurricane and tornado mitigation (a)In generalSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45R the following new section:

					45S.Hurricane and tornado mitigation credit
 (a)General ruleFor purposes of section 38, the hurricane and tornado mitigation credit determined under this section for any taxable year is an amount equal to 25 percent of the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year.
 (b)Maximum creditThe amount of the credit determined under subsection (a) for any taxable year shall not exceed $5,000.
 (c)Qualified hurricane and tornado mitigation expenditureFor purposes of this section— (1)In generalThe term qualified hurricane and tornado mitigation property expenditure means an expenditure for property—
 (A)to improve the strength of a roof deck attachment, (B)to create a secondary water barrier to prevent water intrusion,
 (C)to improve the durability of a roof covering, (D)to brace gable-end walls,
 (E)to reinforce the connection between a roof and supporting wall, (F)to protect openings from penetration by windborne debris, or
 (G)to protect exterior doors and garages, in a qualified place of business located in the United States and owned by the taxpayer.(2)Qualified place of businessThe term qualified place of business means a place of business that is assessed at a value that is less than $5,000,000 by the locality in which such business is located and with respect to the taxable year for which the credit described in subsection (a) is allowed.
 (d)LimitationAn expenditure shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by a State-certified inspector.
 (e)Labor costsFor purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year.
 (f)Inspection costsFor purposes of this section, expenditures for inspection costs properly allocable to the inspection of the preparation, assembly, or installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year..
			(b)Conforming amendments
 (1)Section 38(b) of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus, and by adding at the end the following new paragraph:  (37)the hurricane and tornado mitigation credit determined under section 45S(a)..
 (2)The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45R the following new item:

							Sec. 45S. Hurricane and tornado mitigation credit..
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2016.


110 HR 1888 IH: Cool and Efficient Buildings

U.S. House of Representatives
2007-04-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 1888
		IN THE HOUSE OF REPRESENTATIVES

			April 17, 2007
			Mr. Hoekstra (for
			 himself, Mr. Baird,
			 Mr. Walsh of New York,
			 Mr. Franks of Arizona,
			 Mr. Akin, Ms. Jackson-Lee of Texas,
			 Mr. Grijalva,
			 Mr. Knollenberg,
			 Mr. Clay, Mr. Moore of Kansas, Mr. Chabot, Mr.
			 Rogers of Michigan, Mr.
			 Ehlers, Mr. Gary G. Miller of
			 California, Mr. McHugh,
			 Mr. Upton,
			 Mr. Souder,
			 Mr. Gillmor,
			 Mr. McCotter,
			 Mr. Davis of Kentucky,
			 Mr. Gerlach,
			 Mr. Doyle,
			 Mr. Keller of Florida,
			 Mr. Calvert,
			 Mrs. Musgrave,
			 Mr. Platts,
			 Mr. English of Pennsylvania,
			 Mr. Gonzalez, and
			 Mr. Larson of Connecticut) introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide a
		  shorter recovery period for the depreciation of certain systems installed in
		  nonresidential buildings.

		1.Short titleThis Act may be cited as the
			 Cool and Efficient Buildings
			 Act.
		2.Recovery period
			 for depreciation of certain systems installed in nonresidential
			 buildings
			(a)20-year recovery
			 periodSubparagraph (F) of section 168(e)(3) of the Internal
			 Revenue Code of 1986 (relating to 20-year property) is amended to read as
			 follows:

					(F)20-year
				propertyThe term
				20-year property means—
						(i)initial clearing
				and grading land improvements with respect to any electric utility transmission
				and distribution plant, and
						(ii)any
				property—
							(I)which is part of a
				heating, ventilation, air conditioning, or commercial refrigeration
				system,
							(II)which is
				installed on or in a building which is nonresidential real property, and
							(III)the original use
				of which commences with the
				taxpayer.
							.
			(b)Requirement To
			 use straight line methodParagraph (3) of section 168(b) of such
			 Code (relating to property to which straight line method applies) is amended by
			 redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and
			 (I), respectively, and by inserting after subparagraph (E) the following new
			 subparagraph:

					(F)Property described
				in subsection
				(e)(3)(F)(ii).
					.
			(c)Alternative
			 systemThe table contained in section 168(g)(3)(B) of such Code
			 is amended by striking the item relating to subparagraph (F) and inserting the
			 following new items:

								(F)(i)25

								(F)(ii)25

					.
			(d)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2006.


113 HR 757 IH: SAVE Native Women Act
U.S. House of Representatives
2013-02-15
text/xml
EN
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		I
		113th CONGRESS
		1st Session
		H. R. 757
		IN THE HOUSE OF REPRESENTATIVES

			February 15, 2013
			Ms. McCollum (for
			 herself, Mr. Cole,
			 Mr. Grijalva,
			 Mr. Simpson,
			 Ms. Norton, and
			 Ms. Moore) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary, and in addition to the Committee on
			 Natural Resources, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To decrease the incidence of violent crimes against
		  Indian women, to strengthen the capacity of Indian tribes to exercise the
		  sovereign authority of Indian tribes to respond to violent crimes committed
		  against Indian women, and to ensure that perpetrators of violent crimes
		  committed against Indian women are held accountable for that criminal behavior,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Stand Against Violence and Empower
			 Native Women Act, or the SAVE Native Women
			 Act.
		2.Grants to Indian
			 tribal governmentsSection
			 2015(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968
			 (42 U.S.C. 3796gg–10(a)) is amended—
			(1)in paragraph (2), by inserting sex
			 trafficking, after sexual assault,;
			(2)in paragraph (4), by inserting sex
			 trafficking, after sexual assault,;
			(3)in paragraph (5),
			 by striking and stalking and all that follows and inserting
			 sexual assault, sex trafficking, and stalking;;
			(4)in paragraph (7)—
				(A)by inserting sex
			 trafficking, after sexual assault, each place it
			 appears; and
				(B)by striking
			 and at the end;
				(5)in paragraph (8)—
				(A)by inserting sex
			 trafficking, after stalking,; and
				(B)by striking the period at the end and
			 inserting a semicolon; and
				(6)by adding at the
			 end the following:

					(9)provide services
				to address the needs of youth who are victims of domestic violence, dating
				violence, sexual assault, sex trafficking, or stalking and the needs of youth
				and children exposed to domestic violence, dating violence, sexual assault, or
				stalking, including support for the nonabusing parent or the caretaker of the
				youth or child; and
					(10)develop and
				promote legislation and policies that enhance best practices for responding to
				violent crimes against Indian women, including the crimes of domestic violence,
				dating violence, sexual assault, sex trafficking, and
				stalking.
					.
			3.Grants to Indian
			 tribal coalitionsSection
			 2001(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968
			 (42 U.S.C. 3796gg(d)) is amended to read as follows:

				(d)Tribal coalition
				grants
					(1)PurposeThe
				Attorney General shall award a grant to tribal coalitions for purposes
				of—
						(A)increasing
				awareness of domestic violence and sexual assault against Indian women;
						(B)enhancing the
				response to violence against Indian women at the Federal, State, and tribal
				levels;
						(C)identifying and
				providing technical assistance to coalition membership and tribal communities
				to enhance access to essential services to Indian women victimized by domestic
				and sexual violence, including sex trafficking; and
						(D)assisting Indian
				tribes in developing and promoting State, local, and tribal legislation and
				policies that enhance best practices for responding to violent crimes against
				Indian women, including the crimes of domestic violence, dating violence,
				sexual assault, sex trafficking, and stalking.
						(2)GrantsThe
				Attorney General shall award grants on an annual basis under
				paragraph (1) to—
						(A)each tribal
				coalition that—
							(i)meets the criteria
				of a tribal coalition under section 40002(a) of the Violence Against Women Act
				of 1994 (42 U.S.C. 13925(a));
							(ii)is recognized by
				the Office on Violence Against Women;
							(iii)provides
				services to Indian tribes; and
							(iv)meets any
				additional criteria the Attorney General may require; and
							(B)organizations that
				propose to incorporate and operate a tribal coalition in areas where Indian
				tribes are located but no tribal coalition exists.
						(3)Use of
				amountsFor each of fiscal years 2014 through 2018, of the
				amounts appropriated to carry out this subsection—
						(A)not more than 10
				percent shall be made available to organizations described in paragraph (2)(B),
				provided that 1 or more organizations determined by the Attorney General to be
				qualified apply; and
						(B)not less than 90
				percent shall be made available to tribal coalitions described in paragraph
				(2)(A), which amounts shall be distributed equally among each eligible tribal
				coalition for the applicable fiscal year.
						(4)Eligibility for
				other grantsReceipt of an award under this subsection by a
				tribal coalition shall not preclude the tribal coalition from receiving
				additional grants under this title to carry out the purposes described in
				paragraph (1).
					(5)Multiple purpose
				applicationsNothing in this subsection prohibits any tribal
				coalition or organization described in paragraph (2) from applying for funding
				to address sexual assault or domestic violence needs in the same
				application.
					.
		4.ConsultationSection 903 of the Violence Against Women
			 and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045d) is
			 amended—
			(1)in subsection (a)—
				(A)by striking and the Violence Against
			 Women Act of 2000 and inserting , the Violence Against Women Act
			 of 2000; and
				(B)by inserting
			 , and the Stand Against Violence and
			 Empower Native Women Act before the period at the
			 end;
				(2)in subsection
			 (b)—
				(A)in the matter
			 preceding paragraph (1), by striking Secretary of the Department of
			 Health and Human Services and inserting Secretary of Health and
			 Human Services, the Secretary of the Interior,; and
				(B)in paragraph (2),
			 by striking and stalking and inserting stalking, and sex
			 trafficking; and
				(3)by adding at the
			 end the following:

					(c)Annual
				reportThe Attorney General shall submit to Congress an annual
				report on the annual consultations required under subsection (a) that—
						(1)contains the
				recommendations made under subsection (b) by Indian tribes during the year
				covered by the report;
						(2)describes actions
				taken during the year covered by the report to respond to recommendations made
				under subsection (b) during the year or a previous year; and
						(3)describes how the
				Attorney General will work in coordination and collaboration with Indian
				tribes, the Secretary of Health and Human Services, and the Secretary of the
				Interior to address the recommendations made under subsection (b).
						(d)NoticeNot
				later than 120 days before the date of a consultation under subsection (a), the
				Attorney General shall notify tribal leaders of the date, time, and location of
				the
				consultation.
					.
			5.Tribal
			 jurisdiction over crimes of domestic violenceTitle II of Public Law 90–284 (25 U.S.C.
			 1301 et seq.) (commonly known as the Indian Civil Rights Act of
			 1968) is amended by adding at the end the following:

				204.Tribal
				jurisdiction over crimes of domestic violence
					(a)DefinitionsIn
				this section:
						(1)Dating
				violenceThe term dating violence means violence
				committed by a person who is or has been in a social relationship of a romantic
				or intimate nature with the victim, as determined by the length of the
				relationship, the type of relationship, and the frequency of interaction
				between the persons involved in the relationship.
						(2)Domestic
				violenceThe term domestic violence means violence
				committed by a current or former spouse or intimate partner of the victim, by a
				person with whom the victim shares a child in common, by a person who is
				cohabitating with or has cohabitated with the victim as a spouse or intimate
				partner, or by a person similarly situated to a spouse of the victim under the
				domestic- or family- violence laws of an Indian tribe that has jurisdiction
				over the Indian country where the violence occurs.
						(3)Indian
				countryThe term Indian country has the meaning
				given the term in section 1151 of title 18, United States Code.
						(4)Participating
				tribeThe term participating tribe means an Indian
				tribe that elects to exercise special domestic violence criminal jurisdiction
				over the Indian country of that Indian tribe.
						(5)Protection
				orderThe term protection order—
							(A)means any
				injunction, restraining order, or other order issued by a civil or criminal
				court for the purpose of preventing violent or threatening acts or harassment
				against, sexual violence against, contact or communication with, or physical
				proximity to, another person; and
							(B)includes any
				temporary or final order issued by a civil or criminal court, whether obtained
				by filing an independent action or as a pendent lite order in another
				proceeding, if the civil or criminal order was issued in response to a
				complaint, petition, or motion filed by or on behalf of a person seeking
				protection.
							(6)Special domestic
				violence criminal jurisdictionThe term special domestic
				violence criminal jurisdiction means the criminal jurisdiction that a
				participating tribe may exercise under this section but could not otherwise
				exercise.
						(7)Spouse or
				intimate partnerThe term spouse or intimate partner
				has the meaning given the term in section 2266 of title 18, United States
				Code.
						(b)Nature of the
				criminal jurisdiction
						(1)In
				generalNotwithstanding any other provision of law, in addition
				to all powers of self-government recognized and affirmed by sections 201 and
				203, the powers of self-government of a participating tribe include the
				inherent power of that tribe, which is hereby recognized and affirmed, to
				exercise special domestic violence criminal jurisdiction over all
				persons.
						(2)Concurrent
				jurisdictionThe exercise of special domestic violence criminal
				jurisdiction by a participating tribe shall be concurrent with the jurisdiction
				of the United States, of a State, or of both.
						(3)ApplicabilityNothing
				in this section—
							(A)creates or
				eliminates any Federal or State criminal jurisdiction over Indian
				country;
							(B)affects the
				authority of the United States or any State government that has been delegated
				authority by the United States to investigate and prosecute a criminal
				violation in Indian country;
							(C)shall apply to an
				Indian tribe in the State of Alaska, except with respect to the Metlakatla
				Indian Community, Annette Islands Reserve; or
							(D)shall limit,
				alter, expand, or diminish the civil or criminal jurisdiction of the State of
				Alaska or any subdivision of the State of Alaska.
							(c)Criminal
				conductA participating tribe may exercise special domestic
				violence criminal jurisdiction over a defendant for criminal conduct that falls
				into one or more of the following categories:
						(1)Domestic
				violence and dating violenceAn act of domestic violence or
				dating violence that occurs in the Indian country of the participating
				tribe.
						(2)Violations of
				protection ordersAn act that—
							(A)occurs in the
				Indian country of the participating tribe; and
							(B)violates the
				portion of a protection order that—
								(i)prohibits or
				provides protection against violent or threatening acts or harassment against,
				sexual violence against, contact or communication with, or physical proximity
				to, another person;
								(ii)was issued
				against the defendant;
								(iii)is enforceable
				by the participating tribe; and
								(iv)is consistent
				with section 2265(b) of title 18, United States Code.
								(d)Dismissal of
				certain cases
						(1)Definition of
				victimIn this subsection and with respect to a criminal
				proceeding in which a participating tribe exercises special domestic violence
				criminal jurisdiction based on a criminal violation of a protection order, the
				term victim means a person specifically protected by a protection
				order that the defendant allegedly violated.
						(2)Non-Indian
				victims and defendantsIn a criminal proceeding in which a
				participating tribe exercises special domestic violence criminal jurisdiction,
				the case shall be dismissed if—
							(A)the defendant
				files a pretrial motion to dismiss on the grounds that the alleged offense did
				not involve an Indian; and
							(B)the participating
				tribe fails to prove that the defendant or an alleged victim is an
				Indian.
							(3)Ties to Indian
				tribeIn a criminal proceeding in which a participating tribe
				exercises special domestic violence criminal jurisdiction, the case shall be
				dismissed if—
							(A)the defendant
				files a pretrial motion to dismiss on the grounds that the defendant and the
				alleged victim lack sufficient ties to the Indian tribe; and
							(B)the prosecuting
				tribe fails to prove that the defendant or an alleged victim—
								(i)resides in the
				Indian country of the participating tribe;
								(ii)is employed in
				the Indian country of the participating tribe; or
								(iii)is a spouse or
				intimate partner of a member of the participating tribe.
								(4)WaiverA
				knowing and voluntary failure of a defendant to file a pretrial motion
				described in paragraph (2) or (3) shall be considered a waiver of the right to
				seek a dismissal under this subsection.
						(e)Rights of
				defendantsIn a criminal proceeding in which a participating
				tribe exercises special domestic violence criminal jurisdiction, the
				participating tribe shall provide to the defendant—
						(1)all applicable
				rights under this Act;
						(2)if a term of
				imprisonment of any length is imposed, all rights described in section 202(c);
				and
						(3)all other rights
				whose protection is necessary under the Constitution of the United States in
				order for Congress to recognize and affirm the inherent power of the
				participating tribe to exercise special domestic violence criminal jurisdiction
				over the defendant.
						(f)Petitions To
				stay detention
						(1)In
				generalA person who has filed a petition for a writ of habeas
				corpus in a court of the United States under section 203 may petition that
				court to stay further detention of that person by the participating
				tribe.
						(2)Grant of
				stayA court shall grant a stay described in paragraph (1) if the
				court—
							(A)finds that there
				is a substantial likelihood that the habeas corpus petition will be granted;
				and
							(B)after giving each
				alleged victim in the matter an opportunity to be heard, finds by clear and
				convincing evidence that under conditions imposed by the court, the petitioner
				is not likely to flee or pose a danger to any person or the community if
				released.
							(g)Grants to tribal
				governmentsThe Attorney General may award grants to the
				governments of Indian tribes (or to authorized designees of those
				governments)—
						(1)to strengthen
				tribal criminal justice systems to assist Indian tribes in exercising special
				domestic violence criminal jurisdiction, including—
							(A)law enforcement
				(including the capacity of law enforcement or court personnel to enter
				information into and obtain information from national crime information
				databases);
							(B)prosecution;
							(C)trial and
				appellate courts;
							(D)probation
				systems;
							(E)detention and
				correctional facilities;
							(F)alternative
				rehabilitation centers;
							(G)culturally
				appropriate services and assistance for victims and their families; and
							(H)criminal codes and
				rules of criminal procedure, appellate procedure, and evidence;
							(2)to provide
				indigent criminal defendants with the effective assistance of licensed defense
				counsel, at no cost to the defendant, in criminal proceedings in which a
				participating tribe prosecutes a crime of domestic violence or dating violence
				or a criminal violation of a protection order;
						(3)to ensure that, in
				criminal proceedings in which a participating tribe exercises special domestic
				violence criminal jurisdiction, jurors are summoned, selected, and instructed
				in a manner consistent with all applicable requirements; and
						(4)to accord victims
				of domestic violence, dating violence, and violations of protection orders
				rights that are similar to the rights of a crime victim described in section
				3771(a) of title 18, United States Code, consistent with tribal law and
				custom.
						(h)Supplement, not
				supplantAmounts made available under this section shall
				supplement and not supplant any other Federal, State, tribal, or local
				government amounts made available to carry out activities described in this
				section.
					(i)Authorization of
				appropriationsThere are authorized to be appropriated $5,000,000
				for each of fiscal years 2014 through 2018 to carry out subsection (g) and to
				provide training, technical assistance, data collection, and evaluation of the
				criminal justice systems of participating
				tribes.
					.
		6.Tribal protection
			 ordersSection 2265 of title
			 18, United States Code, is amended by striking subsection (e) and inserting the
			 following:

				(e)Tribal court
				jurisdiction
					(1)In
				generalExcept as provided in paragraph (2), for purposes of this
				section, a court of an Indian tribe shall have full civil jurisdiction to issue
				and enforce protection orders involving any person, including the authority to
				enforce any orders through civil contempt proceedings, to exclude violators
				from Indian land, and to use other appropriate mechanisms, in matters arising
				anywhere in the Indian country of the Indian tribe (as defined in section 1151)
				or otherwise within the authority of the Indian tribe.
					(2)ApplicabilityParagraph
				(1)—
						(A)shall not apply to
				an Indian tribe in the State of Alaska, except with respect to the Metlakatla
				Indian Community, Annette Islands Reserve; and
						(B)shall not limit,
				alter, expand, or diminish the civil or criminal jurisdiction of the State of
				Alaska or any subdivision of the State of
				Alaska.
						.
		7.Amendments to the
			 Federal assault statute
			(a)In
			 generalSection 113 of title 18, United States Code, is
			 amended—
				(1)in subsection
			 (a)—
					(A)by striking
			 paragraph (1) and inserting the following:

							(1)Assault with
				intent to commit murder or a violation of section 2241 or 2242, by a fine under
				this title, imprisonment for not more than 20 years, or
				both.
							;
					(B)in paragraph (2),
			 by striking felony under chapter 109A and inserting
			 violation of section 2241 or 2242;
					(C)in paragraph (3)
			 by striking and without just cause or excuse,;
					(D)in paragraph (4),
			 by striking six months and inserting 1
			 year;
					(E)in paragraph
			 (7)—
						(i)by
			 striking substantial bodily injury to an individual who has not attained
			 the age of 16 years and inserting substantial bodily injury to a
			 spouse or intimate partner, a dating partner, or an individual who has not
			 attained the age of 16 years; and
						(ii)by
			 striking fine and inserting a fine; and
						(F)by adding at the
			 end the following:

							(8)Assault of a
				spouse, intimate partner, or dating partner by strangling, suffocating, or
				attempting to strangle or suffocate, by a fine under this title, imprisonment
				for not more than 10 years, or both.
							;
				and
					(2)in subsection
			 (b)—
					(A)by striking
			 (b) As used in this subsection— and inserting the
			 following:

							(b)DefinitionsIn
				this
				section—
							;
					(B)in paragraph
			 (1)(B), by striking and at the end;
					(C)in paragraph (2),
			 by striking the period at the end and inserting a semicolon; and
					(D)by adding at the
			 end the following:

							(3)the terms
				dating partner and spouse or intimate partner have
				the meanings given those terms in section 2266;
							(4)the term
				strangling means intentionally, knowingly, or recklessly impeding
				the normal breathing or circulation of the blood of a person by applying
				pressure to the throat or neck, regardless of whether that conduct results in
				any visible injury or whether there is any intent to kill or protractedly
				injure the victim; and
							(5)the term
				suffocating means intentionally, knowingly, or recklessly impeding
				the normal breathing of a person by covering the mouth of the person, the nose
				of the person, or both, regardless of whether that conduct results in any
				visible injury or whether there is any intent to kill or protractedly injure
				the
				victim.
							.
					(b)Indian major
			 crimesSection 1153(a) of title 18, United States Code, is
			 amended by striking assault with intent to commit murder, assault with a
			 dangerous weapon, assault resulting in serious bodily injury (as defined in
			 section 1365 of this title) and inserting a felony assault under
			 section 113.
			(c)Repeat
			 offendersSection 2265A(b)(1)(B) of title 18, United States Code,
			 is amended by inserting or tribal after
			 State.
			8.Analysis and
			 research on violence against Indian women
			(a)In
			 generalSection 904(a) of the
			 Violence Against Women and Department of Justice Reauthorization Act of 2005
			 (42 U.S.C. 3796gg–10 note) is amended—
				(1)in paragraph
			 (1)—
					(A)by striking
			 The National and inserting Not later than 2 years after
			 the date of enactment of the Stand Against
			 Violence and Empower Native Women Act, the National;
			 and
					(B)by inserting
			 and in Native villages (as defined in section 3 of the Alaska Native
			 Claims Settlement Act (43 U.S.C. 1602)), and Native Hawaiian women
			 before the period at the end;
					(2)in paragraph
			 (2)(A)—
					(A)in clause (iv), by
			 striking and at the end;
					(B)in clause (v), by
			 striking the period at the end and inserting ; and; and
					(C)by adding at the
			 end the following:

							(vi)sex
				trafficking.
							;

					(3)in paragraph (4),
			 by striking this Act and inserting the
			 Stand Against Violence and Empower Native
			 Women Act; and
				(4)in paragraph (5),
			 by striking this section $1,000,000 for each of fiscal years 2007 and
			 2008 and inserting this subsection $1,000,000 for each of fiscal
			 years 2014 and 2015.
				(b)Authorization of
			 appropriationsSection
			 905(b)(2) of the Violence Against Women and Department of Justice
			 Reauthorization Act of 2005 (28 U.S.C. 534 note) is amended by striking
			 fiscal years 2007 through 2011 and inserting fiscal years
			 2014 through 2018.
			9.Indian law and
			 order commissionSection 15(f)
			 of the Indian Law Enforcement Reform Act (25 U.S.C. 2812(f)) is amended by
			 striking 2 years and inserting 3 years.
		10.Report on Alaska
			 Rural Justice and Law Enforcement CommissionThe Attorney General, after consultation
			 with the Attorney General of the State of Alaska, the Commissioner of Public
			 Safety of the State of Alaska, the Alaska Federation of Natives, and federally
			 recognized Indian tribes in the State of Alaska, shall report to Congress not
			 later than one year after enactment of this Act with respect to whether the
			 Alaska Rural Justice and Law Enforcement Commission established under section
			 112(a)(1) of the Consolidated Appropriations Act, 2004 should be continued and
			 whether appropriations should be authorized for the continued work of the
			 commission. The report may contain recommendations for legislation with respect
			 to the scope of the work and composition of the commission.
		11.Grants to
			 encourage arrest policies and enforcement of protection orders
			(a)In
			 generalPart U of title I of
			 the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et
			 seq.) is amended—
				(1)in section 2101
			 (42 U.S.C. 3796hh)—
					(A)in subsection
			 (b)—
						(i)in
			 the matter preceding paragraph (1), by striking States, and all
			 that follows through units of local government and inserting
			 grantees;
						(ii)in
			 paragraph (1), by inserting and enforcement of protection orders across
			 State and tribal lines before the period;
						(iii)in
			 paragraph (2), by striking and training in police departments to improve
			 tracking of cases and inserting data collection systems, and
			 training in police departments to improve tracking of cases and classification
			 of complaints;
						(iv)in
			 paragraph (4), by inserting and provide the appropriate training and
			 education about domestic violence, dating violence, sexual assault, and
			 stalking after computer tracking systems;
						(v)in
			 paragraph (5), by inserting and other victim services after
			 legal advocacy service programs;
						(vi)in
			 paragraph (6), by striking judges and inserting Federal,
			 State, tribal, territorial, and local judges, courts, and court-based and
			 court-related personnel;
						(vii)in
			 paragraph (8), by striking and sexual assault and inserting
			 dating violence, sexual assault, and stalking;
						(viii)in paragraph
			 (10), by striking non-profit, non-governmental victim services
			 organizations, and inserting victim service providers, staff
			 from population specific organizations,; and
						(ix)by
			 adding at the end the following:

								(14)To develop and
				implement training programs for prosecutors and other prosecution-related
				personnel regarding best practices to ensure offender accountability, victim
				safety, and victim consultation in cases involving domestic violence, dating
				violence, sexual assault, and stalking.
								(15)To develop or
				strengthen policies, protocols, and training for law enforcement, prosecutors,
				and the judiciary in recognizing, investigating, and prosecuting instances of
				domestic violence, dating violence, sexual assault, and stalking against
				immigrant victims, including the appropriate use of applications for
				nonimmigrant status under subparagraphs (T) and (U) of section 101(a)(15) of
				the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).
								(16)To develop and
				promote State, local, or tribal legislation and policies that enhance best
				practices for responding to the crimes of domestic violence, dating violence,
				sexual assault, and stalking, including the appropriate treatment of
				victims.
								(17)To develop,
				implement, or enhance sexual assault nurse examiner programs or sexual assault
				forensic examiner programs, including the hiring and training of such
				examiners.
								(18)To develop,
				implement, or enhance Sexual Assault Response Teams or similar coordinated
				community responses to sexual assault.
								(19)To develop and
				strengthen policies, protocols, and training for law enforcement officers and
				prosecutors regarding the investigation and prosecution of sexual assault cases
				and the appropriate treatment of victims.
								(20)To provide human
				immunodeficiency virus testing programs, counseling, and prophylaxis for
				victims of sexual assault.
								(21)To identify and
				inventory backlogs of sexual assault evidence collection kits and to develop
				protocols for responding to and addressing such backlogs, including policies
				and protocols for notifying and involving victims.
								(22)To develop
				multidisciplinary high-risk teams focusing on reducing domestic violence and
				dating violence homicides by—
									(A)using
				evidence-based indicators to assess the risk of homicide and link high-risk
				victims to immediate crisis intervention services;
									(B)identifying and
				managing high-risk offenders; and
									(C)providing ongoing
				victim advocacy and referrals to comprehensive services including legal,
				housing, health care, and economic
				assistance.
									;

						(B)in subsection
			 (c)—
						(i)in
			 paragraph (1)—
							(I)in the matter
			 preceding subparagraph (A), by inserting except for a court,
			 before certify; and
							(II)by redesignating
			 subparagraphs (A) and (B) as clauses (i) and (ii), and adjusting the margin
			 accordingly;
							(ii)in
			 paragraph (2), by inserting except for a court, before
			 demonstrate;
						(iii)in
			 paragraph (3)—
							(I)by striking
			 spouses each place it appears and inserting
			 parties; and
							(II)by striking
			 spouse and inserting party;
							(iv)in
			 paragraph (4)—
							(I)by inserting
			 , dating violence, sexual assault, or stalking after
			 felony domestic violence;
							(II)by inserting
			 modification, enforcement, dismissal, withdrawal, after
			 registration, each place it appears;
							(III)by inserting
			 dating violence, after victim of domestic
			 violence,; and
							(IV)by striking
			 and at the end;
							(v)in
			 paragraph (5)—
							(I)in the matter
			 preceding subparagraph (A), by striking , not later than 3 years after
			 January 5, 2006;
							(II)by inserting
			 , trial of, or sentencing for after investigation
			 of each place it appears;
							(III)by redesignating
			 subparagraphs (A) and (B) as clauses (i) and (ii), and adjusting the margin
			 accordingly;
							(IV)in clause (ii),
			 as redesignated by subclause (III) of this clause, by striking
			 subparagraph (A) and inserting clause (i);
			 and
							(V)by striking the
			 period at the end and inserting ; and;
							(vi)by
			 redesignating paragraphs (1) through (5), as amended by this subparagraph, as
			 subparagraphs (A) through (E), respectively;
						(vii)in
			 the matter preceding subparagraph (A), as redesignated by clause (v) of this
			 subparagraph—
							(I)by striking the
			 comma that immediately follows another comma; and
							(II)by striking
			 grantees are States and inserting the following: “grantees
			 are—

									(1)States
									;
				and
							(viii)by adding at
			 the end the following:

								(2)a State, tribal,
				or territorial domestic violence or sexual assault coalition or a victim
				service provider that partners with a State, Indian tribal government, or unit
				of local government that certifies that the State, Indian tribal government, or
				unit of local government meets the requirements under paragraph
				(1).
								;
						(C)in subsection
			 (d)—
						(i)in
			 paragraph (1)—
							(I)in the matter
			 preceding subparagraph (A), by inserting , policy, after
			 law; and
							(II)in subparagraph
			 (A), by inserting and the defendant is in custody or has been served
			 with the information or indictment before the semicolon; and
							(ii)in
			 paragraph (2), by striking it and inserting its;
			 and
						(D)by adding at the
			 end the following:

							(f)Allocation for
				tribal coalitionsOf the amounts appropriated for purposes of
				this part for each fiscal year, not less than 5 percent shall be available for
				grants under section 2001(d) (42 U.S.C. 3796gg(d)).
							(g)Allocation for
				sexual assaultOf the amounts appropriated for purposes of this
				part for each fiscal year, not less than 25 percent shall be available for
				projects that address sexual assault, including stranger rape, acquaintance
				rape, alcohol or drug-facilitated rape, and rape within the context of an
				intimate partner relationship.
							;
				and
					(2)in section 2102(a)
			 (42 U.S.C. 3796hh–1(a))—
					(A)in paragraph (1),
			 by inserting court, after tribal government,;
			 and
					(B)in paragraph (4),
			 by striking nonprofit, private sexual assault and domestic violence
			 programs and inserting victim service providers and, as
			 appropriate, population specific organizations.
					(b)Authorization of
			 appropriationsSection 1001(a)(19) of title I of the Omnibus
			 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is
			 amended—
				(1)by striking
			 $75,000,000 and all that follows through 2011.
			 and inserting $73,000,000 for each of fiscal years 2014 through
			 2018.; and
				(2)by striking the
			 period that immediately follows another period.
				12.Effective dates;
			 pilot project
			(a)General
			 effective dateExcept as provided in subsections (b) and (c), the
			 amendments made by this Act shall take effect on the date of enactment of this
			 Act.
			(b)Effective date
			 for special domestic violence criminal jurisdiction
				(1)In
			 generalExcept as provided in
			 paragraph (2), subsections (b) through
			 (e) of section 204 of Public Law 90–284 (as added by
			 section 5) shall take effect on the date that
			 is 2 years after the date of enactment of this Act.
				(2)Pilot
			 project
					(A)In
			 generalAt any time during the 2-year period beginning on the
			 date of enactment of this Act, an Indian tribe may ask the Attorney General to
			 designate the tribe as a participating tribe under section 204(a) of Public Law
			 90–284 on an accelerated basis.
					(B)ProcedureThe
			 Attorney General may grant a request under subparagraph (A) after coordinating
			 with the Secretary of the Interior, consulting with affected Indian tribes, and
			 concluding that the criminal justice system of the requesting tribe has
			 adequate safeguards in place to protect defendants’ rights, consistent with
			 section 204 of Public Law 90–284.
					(C)Effective dates
			 for pilot projectsAn Indian tribe designated as a participating
			 tribe under this paragraph may commence exercising special domestic violence
			 criminal jurisdiction pursuant to subsections (b) through (e) of section 204 of
			 Public Law 90–284 on a date established by the Attorney General, after
			 consultation with that Indian tribe, but in no event later than the date that
			 is 2 years after the date of enactment of this Act.
					(c)Effective date
			 for grant program amendmentsThe provisions of sections 2, 3, and
			 11 of this Act shall not take effect until the beginning of the first fiscal
			 year beginning after the date of enactment of this Act.


		I
		112th CONGRESS
		2d Session
		H. R. 6316
		IN THE HOUSE OF REPRESENTATIVES

			August 2, 2012
			Mr. Frank of
			 Massachusetts introduced the following bill; which was referred to
			 the Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to exclude
		  from income and employment taxes real property tax abatements for seniors and
		  disabled individuals in exchange for services.

		1.Exclusion from income and
			 employment taxes for real property tax abatements in exchange for
			 services
			(a)Income
			 taxes
				(1)In
			 generalPart III of subchapter B of chapter 1 of the Internal
			 Revenue Code of 1986 (relating to items specifically excluded from gross
			 income) is amended by inserting before section 140 the following new
			 section:

						139F.Real property
				tax abatements in exchange for services
							(a)In
				generalIn the case of a
				qualified individual, gross income shall not include any real property tax
				abatement received under a State program, or a local program under specific
				authority of State law, in which the taxpayer receives such abatement in
				exchange for services.
							(b)Qualified
				individualFor purposes of subsection (a), the term
				qualified individual means any individual who—
								(1)has attained age
				60, or
								(2)is disabled
				(within the meaning of section
				72(m)(7)).
								.
				(2)Clerical
			 amendmentThe table of
			 sections for part III of subchapter B of chapter 1 of such Code is amended by
			 inserting after the item relating to section 139B the following new
			 item:

							Sec. 139F. Real property tax abatements in exchange for
				services.

						.
				(b)Employment
			 taxes
				(1)In
			 generalParagraph (7) of section 3121(b) of such Code is amended
			 by striking or at the end of subparagraph (E), by inserting
			 or at the end of subparagraph (F), and by inserting after
			 subparagraph (F) the following:

						(G)service under a State program in which the
				taxpayer in exchange for services receives an abatement of real property taxes
				which is excluded from income under section
				139F;
						.
				(2)Conforming
			 amendments to Social Security ActSection 210(a)(7) of the Social
			 Security Act (42 U.S.C. 410(a)(7)) is amended by striking or at
			 the end of subparagraph (E), by striking the period at the end of subparagraph
			 (F) and inserting , or, and by inserting after subparagraph (F)
			 the following:

						(G)service under a State program in which the
				taxpayer in exchange for services receives an abatement of real property taxes
				which is excluded from income under section 139F of the Internal Revenue Code
				of
				1986.
						.
				(c)Effective
			 dates
				(1)The amendments
			 made by subsection (a) shall apply to taxable years beginning after December
			 31, 2012.
				(2)The amendments
			 made by subsection (b) shall apply to service performed after December 31,
			 2012.


113 S840 IS: School Principal Recruitment and Training Act
U.S. Senate
2013-04-25
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.

		II
		113th CONGRESS
		1st Session
		S. 840
		IN THE SENATE OF THE UNITED STATES

			April 25, 2013
			Mr. Franken (for himself
			 and Mr. Bennet) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To recruit, support, and prepare principals to improve
		  student academic achievement at eligible schools.

		1.Short
			 titleThis Act may be cited as
			 the School Principal Recruitment and
			 Training Act.
		2.Principal
			 recruitment and training
			(a)In
			 generalPart A of title II of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end
			 the following:

					6Principal
				recruitment and training
						2161.Principal
				recruitment and training grant program
							(a)DefinitionsIn
				this section:
								(1)Aspiring
				principalThe term aspiring principal means an
				individual who is enrolled in a principal preparation program’s preservice
				residency that provides training in instructional leadership, organizational
				management, and the development of teachers.
								(2)Current
				principalThe term current principal means an
				individual who, as of the date of the determination of participation in a
				program under this section, is employed as a principal or has been employed as
				a principal.
								(3)Eligible
				entityThe term eligible entity means—
									(A)a local
				educational agency or educational service agency that serves an eligible school
				or a consortium of such agencies;
									(B)a State
				educational agency or a consortium of such agencies;
									(C)a State
				educational agency in partnership with 1 or more local educational agencies or
				educational service agencies that serve an eligible school;
									(D)an entity
				described in subparagraph (A), (B), or (C) in partnership with 1 or more
				nonprofit organizations or institutions of higher education; or
									(E)an institution of
				higher education or a nonprofit organization, if the institution or nonprofit
				organization can demonstrate a record of—
										(i)preparing
				principals who have been able to improve student achievement substantially;
				and
										(ii)placing a
				significant percentage of such principals in eligible schools.
										(4)Eligible
				schoolThe term eligible school means a public
				school, including a public charter school, that meets 1 or more of the
				following criteria:
									(A)Is a high-need
				school.
									(B)Is a persistently
				low-achieving school, as determined by the State educational agency.
									(C)Is an achievement
				gap school, as determined by the State educational agency.
									(D)In the case of a
				public school containing middle grades, feeds into a public high school that
				has less than a 60 percent graduation rate.
									(E)Is a rural school
				served by a local educational agency that is eligible to receive assistance
				under part B of title VI.
									(5)High-need
				school
									(A)In
				generalThe term high-need school means—
										(i)an elementary
				school or middle school in which not less than 50 percent of the enrolled
				students are children from low-income families; or
										(ii)a high school in
				which not less than 40 percent of the enrolled students are children from
				low-income families, which may be calculated using comparable data from feeder
				schools.
										(B)Low-income
				familyFor purposes of subparagraph (A), the term
				low-income family means a family—
										(i)in which the
				children are eligible for a free or reduced price lunch under the Richard B.
				Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
										(ii)receiving
				assistance under a State program funded under part A of title IV of the Social
				Security Act (42 U.S.C. 601 et seq.); or
										(iii)in which the
				children are eligible to receive medical assistance under the Medicaid
				program.
										(6)Mentor
				principalThe term mentor principal means an
				individual with the following characteristics:
									(A)Strong
				instructional leadership skills in an elementary school or secondary school
				setting.
									(B)Strong verbal and
				written communication skills, which may be demonstrated by performance on
				appropriate assessments.
									(C)Knowledge, skills,
				and attitudes to—
										(i)establish and
				maintain a professional learning community that effectively extracts
				information from data to improve the school culture and personalize instruction
				for all students to result in improved student achievement;
										(ii)create and
				maintain a learning culture within the school that provides a climate conducive
				to the development of all members of the school community, including one of
				continuous learning for adults tied to student learning and other school
				goals;
										(iii)engage in
				continuous professional development, utilizing a combination of academic study,
				developmental simulation exercises, self-reflection, mentorship and
				internship;
										(iv)understand youth
				development appropriate to the age level served by the school and from this
				knowledge sets high expectations and standards for the academic, social,
				emotional, and physical development of all students; and
										(v)actively engage
				the community to create shared responsibility for student academic performance
				and successful development.
										(7)Middle
				gradeThe term middle grade means any of grades 5
				through 8.
								(8)School-level
				student outcomesThe term school-level student
				outcomes means, at the whole school level and for each subgroup of
				students described in section 1111(b)(2)(C)(v) who are served by the
				school—
									(A)student academic
				achievement and student growth; and
									(B)additional
				outcomes, including, at the high school level, graduation rates and the
				percentage of students taking college-level coursework.
									(b)Program
				authorized
								(1)Principal
				recruitment and training grant programThe Secretary shall award
				grants to eligible entities to enable such entities to recruit, prepare, place,
				and support principals in eligible schools.
								(2)Duration
									(A)In
				general
										(i)Not more than 5
				year durationA grant awarded under this section shall be not
				more than 5 years in duration.
										(ii)RenewalThe
				Secretary may—
											(I)renew a grant
				awarded under this section based on performance; and
											(II)in renewing a
				grant under subclause (I), award the grantee increased funding to scale up or
				replicate the grantee's program.
											(B)PerformanceIn
				evaluating performance for purposes of subparagraph (A)(ii)(I)—
										(i)the Secretary's
				primary consideration shall be the extent to which the principals recruited,
				prepared, placed, or supported by the grantee have improved school-level
				student outcomes in eligible schools; and
										(ii)the Secretary
				shall also consider the percentage of program graduates—
											(I)who become
				principals in eligible schools;
											(II)who remain
				principals in eligible schools for multiple years; and
											(III)who are highly
				rated principals, as determined by the State educational agency.
											(c)Application and
				selection criteria
								(1)ApplicationAn
				eligible entity that desires a grant under this section shall submit to the
				Secretary an application at such time, in such manner, and accompanied by such
				information as the Secretary may require.
								(2)Selection
				criteriaIn awarding grants under this section, the Secretary
				shall consider—
									(A)the extent to
				which the entity has the capacity to implement the activities described in
				subsection (e) that the entity proposes to implement;
									(B)the extent to
				which the entity has a demonstrated record of effectiveness or an
				evidenced-based plan for preparing principals to improve school-level student
				outcomes in eligible schools;
									(C)the extent to
				which the entity has a demonstrated record of effectiveness or an
				evidence-based plan for providing principals trained by the entity with the
				guidance, support, and tools they need to improve school-level student outcomes
				in eligible schools, including providing principals with resources, such as
				funding to ensure supports for quality teaching, access to best practices, and
				decisionmaking authority over areas such as personnel, budget, curriculum, or
				scheduling;
									(D)the likelihood of
				the entity sustaining the project with funds other than funds provided under
				this section, which other funds may include funds provided under this title
				other than this section, once the grant is no longer available to the entity;
				and
									(E)the extent to
				which the proposed project will serve rural areas or high-poverty areas.
									(d)Awarding
				grants
								(1)PriorityIn
				awarding grants under this section, the Secretary shall give priority to an
				eligible entity with a record of preparing or developing principals who—
									(A)have improved
				school-level student outcomes;
									(B)have become
				principals in eligible schools; and
									(C)remain principals
				in eligible schools for multiple years.
									(2)Grants for
				rural schools and lowest performing schoolsIn awarding grants
				under this section, the Secretary shall, consistent with the quality of
				applications—
									(A)award not less
				than 1 grant to an eligible entity that intends to establish a program that
				focuses on training or supporting principals and other school leaders for rural
				schools; and
									(B)award not less
				than 1 grant to an eligible entity that intends to establish a program to train
				and support principals and other school leaders to lead reform efforts in
				persistently low-achieving schools in a State or more than 1 State.
									(3)Reform
				effortsAn eligible entity that receives a grant under this
				section to carry out a program described in paragraph (2)(B)—
									(A)during the first
				year of the grant, shall use grant funds—
										(i)to bring together
				experts and stakeholders who are committed to dramatic and effective reform of
				persistently low-achieving schools who can provide input about what the
				evidence base shows regarding effective school leadership in such
				schools;
										(ii)to collect and
				develop, in consultation with experts and stakeholders, a core body of
				knowledge regarding effective school reform leadership in persistently
				low-achieving schools, which is evidence based;
										(iii)to develop,
				drawing on the core body of knowledge developed in clause (ii), a leadership
				training program for principals, mentors, and other school leaders, to prepare
				and support the principals, mentors, and leaders to lead effective school
				reform efforts in persistently low-achieving schools; and
										(B)during each year
				of the grant after the first year, shall use grant funds—
										(i)to carry out the
				leadership training program described in subparagraph (A)(iii);
										(ii)to ensure that
				the leadership training program described in subparagraph (A)(iii) is informed,
				on an ongoing basis, by consultation with experts and stakeholders, and by the
				program’s tracking of the performance of its graduates in leading school reform
				efforts in persistently low-achieving schools;
										(iii)to select
				cohorts of trained or experienced principals to lead school reform efforts in
				persistently low-achieving schools;
										(iv)to provide
				support for, and encourage interaction among, cohorts of principals after
				completion of the leadership training program described in subparagraph
				(A)(iii); and
										(v)to disseminate
				information to principals, mentors, and other school leaders engaging in reform
				efforts in persistently low-achieving schools.
										(e)ActivitiesEach
				eligible entity that receives a grant under this section shall use grant funds
				to carry out the following:
								(1)To recruit and
				select, using rigorous, competency-based, selection criteria, and train and
				support a diverse group of aspiring principals or current principals, or both,
				for work in eligible schools.
								(2)Tracking
				participants to determine if such individuals are attaining, or have attained,
				the competencies needed to complete the training and enter into an effective
				leadership role, and provide counseling and, if appropriate, separation, to
				participants who the entity determines will not attain, or have not attained,
				those competencies.
								(3)If the eligible
				entity provides a program for aspiring principals—
									(A)candidates shall
				demonstrate awareness of and have experience with the knowledge, skills, and
				attitudes to—
										(i)establish and
				maintain a professional learning community that effectively extracts
				information from data to improve the school culture and personalize instruction
				for all students to result in improved student achievement;
										(ii)create and
				maintain a learning culture within the school that provides a climate
				conductive to the development of all members of the school community, including
				one of continuous learning for adults tied to student learning and other school
				goals;
										(iii)engage in
				continuous professional development, utilizing a combination of academic study,
				developmental simulation exercises, self-reflection, mentorship and
				internship;
										(iv)understand youth
				development appropriate to the age level served by the school and from this
				knowledge set high expectations and standards for the academic, social,
				emotional and physical development of all students; and
										(v)actively engage
				the community to create shared responsibility for student academic performance
				and successful development; and
										(B)the program shall provide aspiring
				principals with—
										(i)a
				preservice residency that is not less than 1 year in length, and that includes
				coaching from a mentor principal, and instructional leadership and
				organizational management experience;
										(ii)focused
				coursework on instructional leadership, organizational management, and the use
				of a variety of data for purposes of—
											(I)instruction;
											(II)evaluation and
				development of teachers; and
											(III)development of
				highly effective school organizations; and
											(iii)ongoing support,
				mentoring, and professional development for not less than 2 years after the
				aspiring principals complete the residency and commence work as assistant
				principals and principals.
										(4)To train mentors
				for principals who are serving or who wish to serve in eligible schools or for
				aspiring principals who wish to serve in such eligible schools, or for
				both.
								(5)Providing
				differentiated training to participants in competencies that evidence shows are
				critical to improving school-level student outcomes in eligible schools, such
				as—
									(A)recruiting,
				training, supervising, supporting, and evaluating teachers and other
				staff;
									(B)developing teams
				of effective school staff, and distributing among members of such teams
				responsibilities for leading and improving their schools;
									(C)establishing
				learning communities where principals and teachers—
										(i)share a school
				mission and goals with an explicit vision of quality teaching and learning that
				guides all instructional decisions;
										(ii)commit to
				improving student outcomes and performances;
										(iii)set a continuous
				cycle of collective inquiry and improvement;
										(iv)foster a culture
				of collaboration where teachers and principals work together on a regular basis
				to analyze and improve teaching and learning; and
										(v)support and share
				leadership;
										(D)where applicable
				for participants serving elementary schools, offering high-quality early
				childhood education to the students such participants are serving and
				facilitating the transition of children from early learning settings to
				elementary school;
									(E)setting high
				expectations for student achievement;
									(F)addressing the
				unique needs of specific student populations served, such as students with
				disabilities, students who are English learners, and students who are homeless
				or in foster care;
									(G)managing budget
				resources and school time to support high-quality instruction and improvements
				in student achievement, such as by extending the school day and year and
				providing common planning time to teachers and staff;
									(H)working
				effectively with students’ parents and other members of the community;
									(I)using technology
				and multiple sources of data to personalize instruction;
									(J)monitoring and
				improving the alignment and effectiveness of curriculum, instruction, and
				assessment, using a variety of data providing evidence of student and school
				outcomes; and
									(K)developing and
				maintaining a positive school culture where students, teachers and other staff
				are motivated to collaborate and work together to achieve goals.
									(6)Delivering
				high-quality, differentiated, school-level support services and training to
				current principals of eligible schools, if the eligible entity provides a
				program for current principals, or during the period described in paragraph
				(3)(C) to individuals who have completed the aspiring principal residency, if
				the eligible entity provides a program for aspiring principals, to help meet
				the specific needs of the eligible schools they serve, which may
				include—
									(A)training and
				support for the design of school-wide improvement plans based on the diagnosis
				of school conditions and needs informed by data and analysis of classroom and
				school practices; and
									(B)support in
				organizing and training the teams described in paragraph (5)(B).
									(7)Making available
				any training materials funded under the grant, such as syllabi, assignments, or
				selection rubrics, to the Department for public dissemination.
								(8)Tracking the
				effectiveness of the program based on, at a minimum—
									(A)school-level
				student outcomes at the schools where program graduates have served as
				principals;
									(B)the percentage of
				program graduates who become principals in eligible schools; and
									(C)the percentage of
				program graduates who remain principals in eligible schools for multiple
				years.
									(9)Using the data on
				the effectiveness of the program for, among other purposes, the continuous
				improvement of the program.
								(f)Annual
				reportAn eligible entity that receives a grant under this
				section shall submit an annual report, beginning in the third year of the
				grant, to the Secretary regarding—
								(1)school-level
				student outcomes resulting from implementation of the grant activities;
				and
								(2)data on—
									(A)the percentage of
				program graduates who become principals in eligible schools;
									(B)the percentage of
				graduates who remain principals in eligible schools for multiple years;
				and
									(C)the percentage of
				program graduates who are highly rated, as determined by the State educational
				agency.
									(g)Matching
				requirement
								(1)Matching
				requirement
									(A)In
				generalAn eligible entity that receives a grant under this
				section shall contribute annually to the activities assisted under such grant
				matching funds in an amount equal to not less than 20 percent of the amount of
				the grant from non-Federal sources.
									(B)Matching
				fundsThe matching funds requirement under subparagraph (A) may
				be met by—
										(i)contributions
				that are in cash or in kind, fairly evaluated; and
										(ii)payments of a
				salary or stipend to an aspiring principal during the aspiring principal’s
				residency year.
										(2)WaiverThe
				Secretary may waive or reduce the matching requirement under paragraph (1) if
				the eligible entity demonstrates a need for such waiver or reduction due to
				financial hardship.
								(h)Supplement, not
				supplantGrant funds provided under this section shall be used to
				supplement, and not supplant, any other Federal, State, or local funds
				otherwise available to carry out the activities described in this
				section.
							(i)Research, evaluation, and
				dissemination
								(1)Available fundsOf the amounts appropriated to carry out
				this section for a fiscal year, the Secretary may use not more than 5 percent
				to carry out this subsection.
								(2)Establishment
				of performance metricsThe Secretary, acting through the Director
				of the Institute of Education Sciences, shall establish performance metrics to
				evaluate the effectiveness of the activities carried out under this
				program.
								(3)Annual
				reportEach eligible entity that receives a grant under this
				section shall, in the entity's annual report to the Secretary required under
				subsection (f), submit information relevant to the performance metrics
				described in paragraph (2).
								(4)EvaluationThe
				Secretary shall—
									(A)acting through
				the Director of the Institute of Education Sciences—
										(i)evaluate the
				implementation and impact of the activities supported under the grant program
				authorized under this section, including progress measured by the metrics
				established under paragraph (2); and
										(ii)identify best
				practices to improve school leadership; and
										(B)disseminate, in
				consultation with the regional educational laboratories established under part
				D of the Education Sciences Reform Act of 2002 and comprehensive centers
				established under the Educational Technical Assistance Act of 2002, research on
				best practices in school leadership.
									(j)Report to
				CongressNot later than 5 years after the date of enactment of
				the School Principal Recruitment and Training
				Act, the Secretary shall submit a report to the Committee on
				Health, Education, Labor, and Pensions of the Senate, the Committee on
				Appropriations of the Senate, the Committee on Education and the Workforce of
				the House of Representatives, and the Committee on Appropriations of the House
				of Representatives on lessons learned through programs funded with grants
				awarded under this section.
							(k)Authorization
				of appropriationsThere are authorized to be appropriated to
				carry out this section such sums as may be necessary for fiscal year 2014 and
				each of the 4 succeeding fiscal
				years.
							.
			(b)Table of
			 contentsThe table of contents in section 2 of the Elementary and
			 Secondary Education Act of 1965 is amended by inserting after the item relating
			 to section 2151 the following:

						SUBPART 6—Principal recruitment and training
						Sec. 2161. Principal recruitment and training grant
				program.

					.


117 S525 IS: Lawful Interstate Transportation of Firearms Act
U.S. Senate
2021-03-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 525IN THE SENATE OF THE UNITED STATESMarch 2 (legislative day, March 1), 2021Mr. Daines (for himself, Mr. Crapo, Mr. Lankford, Mr. Cruz, Mr. Rounds, and Mrs. Capito) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend chapter 44 of title 18, United States Code, to more comprehensively address the interstate transportation of firearms or ammunition.1.Short titleThis Act may be cited as the Lawful Interstate Transportation of Firearms Act.2.Interstate transportation of firearms or ammunition(a)In generalSection 926A of title 18, United States Code, is amended to read as follows:926A.Interstate transportation of firearms or ammunition(a)Notwithstanding any provision of any law, rule, or regulation of a State or any political subdivision thereof:(1)A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation, the firearm is unloaded, and—(A)if the transportation is by motor vehicle, the firearm is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the firearm is in a locked container other than the glove compartment or console, or is secured by a secure gun storage or safety device; or(B)if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device.(2)A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport ammunition, or any detachable magazine or feeding device for ammunition, for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, magazine, or feeding device to any other such place if, during the transportation, the ammunition, magazine, or feeding device is not loaded into a firearm, and—(A)if the transportation is by motor vehicle, the ammunition, magazine, or feeding device is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the ammunition, magazine, or feeding device is in a locked container other than the glove compartment or console; or(B)if the transportation is by other means, the ammunition, magazine, or feeding device is in a locked container.(b)In subsection (a), the term transport includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, or any other activity incidental to the transport.(c)(1)A person who is transporting a firearm, ammunition, magazine, or feeding device may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related solely to the possession, transportation, or carrying of firearms, ammunition, magazine, or feeding device unless there is probable cause to believe that the person is doing so in a manner not provided for in subsection (a).(2)When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsection (a).(3)When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney’s fee.(d)(1)A person who is deprived of any right, privilege, or immunity secured by this section, section 926B or 926C, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages and other appropriate relief.(2)The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney's fee..(b)Clerical amendmentThe table of sections for chapter 44 of title 18, United States Code, is amended by striking the item relating to section 926A and inserting the following:926A. Interstate transportation of firearms or ammunition..