		II
		110th CONGRESS
		1st Session
		S. 1862
		IN THE SENATE OF THE UNITED STATES

			July 24, 2007
			Mr. Kyl (for himself and
			 Mr. McCain) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To provide for the exchange and conveyance of certain
		  National Forest land and other land in southeast Arizona, and for other
		  purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Southeast Arizona Land Exchange
			 and Conservation Act of 2007.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Purposes.
					Sec. 3. Definitions.
					Sec. 4. Land conveyances and exchanges.
					Sec. 5. Valuation of land exchanged or conveyed.
					Sec. 6. Apache Leap natural and cultural resource conservation
				easement.
					Sec. 7. Incorporation, management, and status of acquired
				land.
					Sec. 8. Public uses of Federal land.
					Sec. 9. Arizona Land Fund.
					Sec. 10. Miscellaneous provisions.

			2.PurposesThe purposes of this Act are—
			(1)to further the
			 public interest by authorizing, directing, facilitating, and expediting the
			 conveyance and exchange of land between the United States and Resolution
			 Copper; and
			(2)to provide
			 for—
				(A)the conveyance of
			 certain land from the Secretary concerned to the Arizona State Parks Board for
			 the establishment of a new State park in Gila and Pinal Counties, Arizona, to
			 be used for rock climbing and other recreational purposes; and
				(B)the permanent
			 protection of cultural and other resources and uses of the Apache Leap
			 escarpment located in close proximity to the Town of Superior, Arizona.
				3.DefinitionsIn this Act:
			(1)Apache
			 LeapThe term Apache Leap means the approximately
			 695 acres of land referred to as the Apache Leap Conservation Easement
			 Area on the map entitled Apache Leap Conservation Easement
			 Area, dated November 2006.
			(2)Arizona Land
			 FundThe term Arizona Land Fund means the fund
			 established by section 9(a).
			(3)BoardThe
			 term Board means the Arizona State Parks Board, an entity
			 established by the State legislature.
			(4)Eligible
			 considerationThe term eligible consideration means
			 consideration—
				(A)conveyed by
			 Resolution Copper to the Secretary concerned in accordance with the land
			 exchange described in section 4(a); and
				(B)comprised
			 of—
					(i)all
			 right, title, and interest of Resolution Copper in and to the non-Federal land
			 that is acceptable to the Secretary concerned, as appropriate; and
					(ii)an
			 amount of not less than $7,500,000.
					(5)Federal
			 landThe term Federal land means the approximately
			 3,025 acres of land located in Pinal County, Arizona, depicted on the map
			 entitled Southeast Arizona Land Exchange and Conservation Act of
			 2005-Federal Parcel-Oak Flat, dated January 2005.
			(6)GranteeThe
			 term grantee means the 1 or more entities that are granted the
			 permanent conservation easement under section 6(a).
			(7)MapThe
			 term map means the map entitled Southeast Arizona Land
			 Exchange and Conservation Act of 2005-Federal Parcel-Oak Flat, dated
			 January 2005.
			(8)Non-Federal
			 landThe term non-Federal land means the land
			 described in section 4(b)(1).
			(9)NotchThe
			 term Notch means the approximately 45 acres of land referred to as
			 the Notch on the map entitled Apache Leap Conservation
			 Easement Area, dated November 2006.
			(10)Oak flat
			 campgroundThe term Oak Flat Campground means the
			 campground that is—
				(A)comprised of
			 approximately 16 developed campsites; and
				(B)generally
			 depicted on the map entitled Oak Flat Campground, dated
			 September 2006.
				(11)Resolution
			 copperThe term Resolution Copper means—
				(A)Resolution Copper
			 Mining, LLC, a Delaware limited liability company; and
				(B)any successor,
			 assign, affiliate, member, or joint venturer of Resolution Copper Cooper
			 Mining, LLC.
				(12)SecretaryThe
			 term Secretary means Secretary of Agriculture.
			(13)Secretary
			 concernedThe term Secretary concerned means—
				(A)the Secretary of
			 Agriculture (acting through the Chief of the Forest Service), with respect to
			 National Forest System land; and
				(B)the Secretary of
			 the Interior, with respect to land managed by the Bureau of Land Management
			 (including land held for the benefit of an Indian tribe).
				(14)StateThe
			 term State means the State of Arizona.
			(15)State
			 ParkThe term State Park means the proposed rock
			 climbing State park—
				(A)authorized under
			 Ariz. Rev. Stat. § 41–511.16 (2007); and
				(B)as depicted on
			 the map entitled Tam O'Shanter Area State Park and dated
			 September 22, 2006.
				(16)TownThe
			 term Town means the Town of Superior, Arizona, which is an
			 incorporated municipality.
			4.Land conveyances
			 and exchanges
			(a)In
			 generalOn receipt of an offer from Resolution Copper to convey
			 to the Secretary concerned the eligible consideration, the Secretary shall
			 convey to Resolution Copper all right, title, and interest of the United States
			 in and to the Federal land, subject to any valid existing right or title
			 reservation, easement, or other exception required by law or agreed to by the
			 Secretary and Resolution Copper.
			(b)Resolution
			 copper land exchange
				(1)Conveyance of
			 landOn receipt of title to the Federal land under subsection
			 (a), Resolution Copper shall simultaneously convey—
					(A)to the Secretary,
			 all right, title, and interest that the Secretary determines to be acceptable
			 in and to—
						(i)the
			 approximately 147 acres of land located in Gila County, Arizona, depicted on
			 the map entitled Southeast Arizona Land Exchange and Conservation Act of
			 2005-Non-Federal Parcel-Turkey Creek, dated January 2005;
						(ii)the
			 approximately 148 acres of land located in Yavapai County Arizona, depicted on
			 the map entitled Southeast Arizona Land Exchange and Conservation Act of
			 2005-Non-Federal Parcel-Tangle Creek, dated January 2005;
						(iii)the
			 approximately 149.3 acres of land located in Maricopa County, Arizona, depicted
			 on the map entitled Southeast Arizona Land Exchange and Conservation Act
			 of 2005-Non-Federal Parcel-Cave Creek, dated January 2005;
						(iv)the
			 approximately 266 acres of land located in Pinal County, Arizona, depicted on
			 the map entitled Southeast Arizona Land Exchange and Conservation Act of
			 2005-Non-Federal Parcel-JI Ranch, dated January 2005; and
						(v)the
			 approximately 640 acres of land located in Coconino County, Arizona, depicted
			 on the map entitled Southeast Arizona Land Exchange and Conservation Act
			 of 2005-Non-Federal Parcel-East Clear Creek, dated August 2005;
			 and
						(B)to the Secretary
			 of the Interior, all right, title, and interest that the Secretary of the
			 Interior determines to be acceptable in and to—
						(i)the
			 approximately 3,073 acres of land located in Pinal County, Arizona, depicted on
			 the map entitled Lower San Pedro River Parcel, dated May 31,
			 2006; and
						(ii)the
			 approximately 160 acres of land located in Gila and Pinal Counties, Arizona,
			 depicted on the map entitled Southeast Arizona Land Exchange and
			 Conservation Act of 2005-Non-Federal Parcel-Dripping Springs, dated
			 August 2005.
						(2)Payment of
			 amountOn receipt of title to the Federal land under subsection
			 (a), as a condition of the conveyance authorized under subsection (a),
			 Resolution Copper shall pay to the Secretary of the Treasury for deposit into
			 the Arizona Land Fund the amount of $7,500,000.
				(c)Conveyance of
			 land to town
				(1)In
			 generalSubject to paragraph (2), not later than 90 days after
			 the date on which the exchange under subsection (a) is consummated, on receipt
			 of a request from the Town for any parcel of land described in paragraph (2),
			 the Secretary shall convey to the Town, for a price equal to market value, as
			 appraised under section 5, each parcel of land that the Town requests.
				(2)Eligible
			 parcelsThe Town may request—
					(A)the approximately
			 30 acres of land located in Pinal County, Arizona, occupied on the date of
			 enactment of this Act by the Fairview Cemetery and depicted on the map entitled
			 Southeast Arizona Land Exchange and Conservation Act of 2005-Federal
			 Parcel-Fairview Cemetery, dated January 2005;
					(B)the reversionary
			 interest, and any reserved mineral interest, of the United States in the
			 approximately 265 acres of land located in Pinal County, Arizona, depicted on
			 the map entitled Southeast Arizona Land Exchange and Conservation Act of
			 2005-Federal Reversionary Interest-Superior Airport, dated January
			 2005; and
					(C)the approximately
			 181 acres of land located in Pinal County, Arizona, depicted on the map
			 entitled Southeast Arizona Land Exchange and Conservation Act of
			 2005-Federal Parcel-Superior Airport Contiguous Parcel, dated June
			 2005.
					(3)Condition of
			 conveyanceAny conveyance of land under paragraph (1) shall be
			 carried out in a manner that provides the United States manageable boundaries
			 on any parcel retained by the Secretary, to the maximum extent
			 practicable.
				(d)Timing of
			 exchangeIt is the intent of Congress that the land exchange
			 directed by subsection (a) be completed not later than 1 year after the date of
			 enactment of this Act.
			(e)Costs of
			 conveyances and exchangesIn accordance with sections 254.4 and
			 254.7 of title 36, Code of Federal Regulations (or successor regulations),
			 Resolution Copper shall assume responsibility for—
				(1)hiring any
			 contractors determined by the Secretary to be necessary for carrying out an
			 exchange or conveyance under subsection (a), (b), or (c); and
				(2)paying, without
			 compensation—
					(A)the costs of each
			 appraisal relating to the exchange or conveyance under subsection (a), (b), or
			 (c), including any reasonable reimbursements to the Secretary on request of the
			 Secretary for the cost of reviewing and approving an appraisal;
					(B)the costs of any
			 hazardous materials survey, mitigation requirement, clearance, or land survey,
			 including any necessary land surveys conducted by the Bureau of Land Management
			 Cadastral Survey; and
					(C)any other cost
			 agreed to by Resolution Copper and the Secretary concerned.
					(f)Contractor work
			 and approvals
				(1)In
			 generalAny work relating to the exchange or conveyance of land
			 that is performed by a contractor shall be subject to the mutual agreement of
			 the Secretary concerned and Resolution Copper, including any agreement with
			 respect to—
					(A)the selection of
			 the contractor; and
					(B)the scope of work
			 performed by the contractor.
					(2)Review and
			 approvalAny required review and approval of work by a contractor
			 shall be performed by the Secretary concerned in accordance with applicable law
			 (including regulations).
				(3)Lead
			 actorThe Secretary and the Secretary of the Interior may
			 mutually agree to designate the Secretary as the lead actor for any action
			 under this subsection.
				5.Valuation of
			 land exchanged or conveyed
			(a)Exchange
			 valuation
				(1)In
			 generalThe value of the land exchanged or conveyed under
			 subsection (a), (b), or (c) of section 4 (including any reversionary interest)
			 shall be determined by the Secretary through 1 or more appraisals conducted in
			 accordance with paragraph (2).
				(2)Appraisals
					(A)In
			 generalAn appraisal under this section shall be—
						(i)performed by an
			 appraiser mutually agreed to by the Secretary and Resolution Copper;
						(ii)performed in
			 accordance with—
							(I)the Uniform
			 Appraisal Standards for Federal Land Acquisitions (Department of Justice, 5th
			 Edition, December 20, 2000);
							(II)the Uniform
			 Standards of Professional Appraisal Practice; and
							(III)Forest Service
			 appraisal instructions; and
							(iii)submitted to
			 the Secretary for review and approval.
						(B)Reappraisals
			 and updated appraised valuesAfter the final appraised value of a
			 parcel is determined and approved under subparagraph (A), the Secretary shall
			 not be required to reappraise or update the final appraised value—
						(i)for
			 a period of 3 years after the approval by the Secretary of the final appraised
			 value under subparagraph (A)(iii); or
						(ii)at
			 all, after an exchange agreement is entered into by Resolution Copper and the
			 Secretary.
						(C)Public
			 reviewBefore carrying out a land exchange under section 4, the
			 Secretary shall make available for public review a summary of the appraisals of
			 the land to be exchanged.
					(3)Failure to
			 agreeIf the Secretary and Resolution Copper fail to agree on the
			 value of a parcel to be exchanged, the final value of the parcel shall be
			 determined in accordance with section 206(d) of the Federal Land Policy and
			 Management Act of 1976 (43 U.S.C. 1716(d)).
				(4)Federal
			 landThe value of the Federal land conveyed to Resolution Copper
			 under section 4(a) shall be determined as if the land is unencumbered by any
			 unpatented mining claims of Resolution Copper.
				(b)Equalization of
			 value
				(1)Surplus of
			 Federal land value
					(A)In
			 generalIf the final appraised value of the Federal land exceeds
			 the value of the non-Federal consideration, Resolution Copper shall make a cash
			 equalization payment to the Secretary to equalize the values of the Federal
			 land and non-Federal consideration.
					(B)Amount of
			 paymentNotwithstanding section 206(b) of the Federal Land Policy
			 and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash
			 equalization payment under subparagraph (A) in an amount that is greater than
			 25 percent of the value of the Federal land.
					(C)Disposition and
			 use of proceeds
						(i)Disposition of
			 proceeds
							(I)Cash
			 equalization paymentsAny cash equalization payments received by
			 the Secretary concerned under subparagraph (A) shall, without further
			 appropriation, be deposited in the Arizona Land Fund.
							(II)Payment for
			 land conveyed to townAny amounts received by the Secretary
			 concerned under paragraph (3) shall be deposited in the fund established by
			 Public Law 90–171 (commonly known as the Sisk Act) (16 U.S.C.
			 484a).
							(ii)Use of
			 proceeds
							(I)Cash
			 equalization paymentsAmounts deposited under clause (i)(I) shall
			 be available and expended in accordance with section 9(b).
							(II)Payment for
			 land conveyed to townAmounts deposited under clause (i)(II)
			 shall be available to the Secretary concerned, without further appropriation,
			 and until expended, for the acquisition of land or interests in land located in
			 the State.
							(2)Surplus of
			 value relating to non-Federal considerationIf the final
			 appraised value of the non-Federal eligible consideration exceeds the value of
			 the Federal land involved in the exchange under section 4—
					(A)the Secretary
			 shall not make a payment to Resolution Copper to equalize the values of the
			 land; and
					(B)the surplus value
			 of the non-Federal consideration shall be considered a donation by Resolution
			 Copper to the United States.
					(3)Payment for
			 land conveyed to town
					(A)In
			 generalThe Town shall pay the Secretary market value for any
			 land acquired by the Town from the Secretary under section 4(c), as determined
			 by the Secretary through an appraisal conducted in accordance with subsection
			 (a)(2).
					(B)CreditIf
			 the final appraised value of the non-Federal consideration exceeds the value of
			 the Federal land in the exchange under section 4, the obligation of the Town to
			 pay the United States under subparagraph (A) shall be reduced by an amount
			 equal to the excess value of the non-Federal consideration.
					6.Apache Leap
			 natural and cultural resource conservation easement
			(a)In
			 generalTo protect the scenic, cultural, historic, educational,
			 and natural resource values of the Apache Leap escarpment, as a condition of
			 the land exchange under section 4(a), Resolution Copper shall deliver to the
			 Secretary an executed document granting a permanent conservation easement for
			 the easement area to an entity that is—
				(1)a qualified unit
			 of government or Indian tribe; or
				(2)a land trust or
			 other qualified organization as defined in section 170(h) of the Internal
			 Revenue Code of 1986.
				(b)Easement
			 areaThe area of the conservation easement under this section
			 shall be the surface estate of Apache Leap.
			(c)TermsThe
			 conservation easement under this section—
				(1)shall—
					(A)prohibit surface
			 development of the easement area by Resolution Copper, except for a fence,
			 sign, monitoring device, or other improvement for an administrative, public
			 health and safety, or other appropriate purpose, as determined by Resolution
			 Copper and any grantee of the conservation easement;
					(B)prohibit
			 commercial mineral extraction under the easement area; and
					(C)provide for
			 appropriate nonmotorized public access to and use of the easement area, as
			 determined by Resolution Copper and any grantee of the conservation easement;
			 and
					(2)may contain such
			 other terms and conditions as the grantor or grantee of the conservation
			 easement, in consultation with the Town, interested Indian tribes, and any
			 other interested Yavapai and Apache party, determines to be appropriate to
			 conserve, protect, enhance, and manage the cultural and historic resources and
			 traditional uses of the easement area.
				(d)EndowmentAs
			 a condition of the conveyance authorized under section 4(a), Resolution Copper
			 shall pay to the grantee of the conservation easement under this section
			 $250,000, to be used by the grantee of the conservation easement—
				(1)to monitor the
			 easement;
				(2)to enforce the
			 borders of the easement;
				(3)to carry out any
			 administrative activity relating to the easement; and
				(4)to provide such
			 additional protections, access, or alternative access as may be determined
			 appropriate pursuant to subsection (f).
				(e)Role of
			 Secretary
				(1)In
			 generalThe Secretary—
					(A)may be consulted
			 during the preparation and drafting of the executed document granting a
			 permanent conservation easement to the easement area under subsection (a);
			 but
					(B)unless otherwise
			 agreed to by the Secretary and Resolution Copper, shall not be—
						(i)a
			 party to the conservation easement under this section; or
						(ii)required to
			 carry out any activity relating to the monitoring or enforcement of the
			 conservation easement under this section.
						(2)Additional
			 managementThe Secretary may manage the Notch in accordance with
			 the terms of the conservation easement under this section.
				(f)Additional
			 protections and accessNot later than 3 years after the date of
			 the conveyance of the Federal land under section 4(a), Resolution Copper and
			 the grantee, in consultation with the Town, interested Yavapai and Apache
			 Indian tribes, and other interested parties, shall determine whether the area
			 covered by the conservation easement should be managed to establish—
				(1)additional
			 cultural and historical resource protections or measures, including permanent
			 or seasonal closures of any portion of the easement area to protect cultural or
			 archeological resources; or
				(2)additional or
			 alternative public access routes, trails, and trailheads to Apache Leap.
				(g)Easement and
			 appraisal
				(1)In
			 generalThe requirement that Resolution Copper grant the
			 conservation easement under this section shall not be considered in
			 determining, or result in any diminution in, the market value of the Federal
			 land for purposes of an appraisal under section 5.
				(2)EffectThe
			 market value of the conservation easement and any amount paid by Resolution
			 Copper under subsection (d) shall be considered to be a donation by Resolution
			 Copper to the United States.
				(h)Mining
			 activitiesExcept as provided in subsection (c) and other Federal
			 law (including regulations) relating to mining activities on private land, the
			 conservation easement shall not impose any additional restrictions on mining
			 activities carried out by Resolution Copper outside of the easement area after
			 the date of the conveyance under section 4(a).
			7.Incorporation,
			 management, and status of acquired land
			(a)Land acquired
			 by the Secretary
				(1)In
			 generalLand acquired by the Secretary under this Act, including
			 any land or interest in land acquired by the Secretary under section 4(a)
			 shall—
					(A)become part of
			 the National Forest within which the land is located; and
					(B)be administered
			 in accordance with the laws (including regulations) applicable to the National
			 Forest System.
					(2)BoundariesFor
			 purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16
			 U.S.C. 4601 et seq.), the boundaries of a National Forest in which land
			 acquired by the Secretary concerned is located shall be deemed to be the
			 boundaries of that forest as in existence on January 1, 1965.
				(3)Management of
			 JI ranch
					(A)In
			 generalOn the date on which the Secretary of the Interior
			 acquires the JI Ranch parcel described in section 4(b)(1)(A)(iv), the Secretary
			 concerned shall manage the land to allow Yavapai and Apache Indian
			 tribes—
						(i)to
			 access the land; and
						(ii)to
			 undertake traditional activities relating to the gathering of acorns.
						(B)Authority of
			 Secretary of the InteriorUpon request from the Yavapai or Apache
			 Indian tribe, the Secretary of the Interior may temporarily or seasonally close
			 to the public any portion of the land described in section 4(b)(1) during the
			 period in which the Yavapai or Apache Indian tribe undertakes any activity
			 described in subparagraph (A)(ii).
					(b)Land acquired
			 by the Secretary of the Interior
				(1)In
			 generalLand acquired by the Secretary of the Interior under this
			 Act shall—
					(A)become part of
			 the administrative unit (including the national conservation area, if
			 applicable) or other area within which the land is located; and
					(B)be managed in
			 accordance with the laws (including regulations) applicable to the
			 administrative unit, national conservation area, or other area within which the
			 land is located.
					(2)Land located in
			 close proximity to lower San Pedro RiverTo preserve and enhance
			 the natural character and conservation value of the land described in section
			 4(b)(1)(B)(i), the Secretary of the Interior shall manage the land in
			 accordance with subsections (a) and (b) of section 102 of the Arizona-Idaho
			 Conservation Act of 1988 (16 U.S.C. 460xx–1).
				(c)WithdrawalOn
			 acquisition by the United States of any land under this Act, subject to valid
			 existing rights and without further action by the Secretary concerned, the
			 acquired land is permanently withdrawn from all forms of entry and
			 appropriation under—
				(1)the public land
			 laws (including the mining and mineral leasing laws); and
				(2)the Geothermal
			 Steam Act of 1970 (30 U.S.C. 1001 et seq.).
				8.Public uses of
			 Federal land
			(a)Oak flat
			 campground
				(1)Replacement
			 campground
					(A)In
			 generalNot later than 2 years after the date of enactment of
			 this Act, the Secretary, in consultation with Resolution Copper, the Town, and
			 other interested parties, shall design and construct in the Globe Ranger
			 District of the Tonto National Forest 1 or more replacement campgrounds for the
			 Oak Flat Campground (including appropriate access routes to any replacement
			 campgrounds).
					(B)Public
			 facilitiesAny replacement campgrounds under this paragraph shall
			 be designed and constructed in a manner that adequately (as determined in the
			 sole discretion of the Secretary) replaces, or improves on, the facilities,
			 functions, and amenities available to the public at the Oak Flat
			 Campground.
					(2)Costs of
			 replacementResolution Copper shall pay the cost of designing,
			 constructing, and providing access to any replacement campgrounds under this
			 subsection, not to exceed $500,000.
				(3)Interim oak
			 flat campground access
					(A)In
			 generalThe document conveying the Federal land to Resolution
			 Copper under section 4(a) shall specify that the Secretary shall continue to
			 operate and maintain the Oak Flat Campground until the earlier of—
						(i)the
			 date that is 2 years after the date of enactment of this Act; or
						(ii)the date on
			 which any replacement campgrounds under this subsection are developed and
			 opened for public use.
						(B)LiabilityDuring
			 the interim period described in subparagraph (A), Resolution Copper shall not
			 be liable for any public use of the Oak Flat Campground.
					(b)Rock climbing
			 areas
				(1)Replacement
			 rock climbing area
					(A)In
			 generalOn request by the Board, acting pursuant to an
			 authorization from the State legislature, as soon as practicable after the
			 request, the Secretary of the Interior shall convey to the Board the land
			 described in subparagraph (B) for establishment of the State Park for public or
			 recreational purposes under the Act of June 14, 1926 (commonly known as the
			 Recreation and Public Purposes Act) (43 U.S.C. 869 et
			 seq.).
					(B)Description of
			 landThe land referred to in subparagraph (A) is the
			 approximately 2,000 acres of land under the jurisdiction of the Secretary of
			 the Interior within the exterior boundary of the State Park.
					(C)Use of
			 landThe conveyance of land under subparagraph (A) shall be
			 subject to the condition that—
						(i)the
			 land conveyed to the Board shall be used for the purpose of establishing the
			 State Park, as authorized by the State legislature; and
						(ii)the State Park
			 shall be used for—
							(I)rock
			 climbing;
							(II)bouldering;
			 and
							(III)any other forms
			 of outdoor recreation and natural resource conservation as the Board determines
			 to be appropriate.
							(D)Consideration
						(i)In
			 generalExcept as provided in clause (ii) and in accordance with
			 section 2741.8 of title 43, Code of Federal Regulations (or a successor
			 regulation), the conveyance of the land under subparagraph (A) shall be without
			 monetary consideration.
						(ii)ExceptionNotwithstanding
			 clause (i), the Board shall pay any reasonable administrative costs incurred by
			 the Secretary in making the conveyance.
						(E)Automatic
			 transfer of landOn the date on which the State Park is
			 established, the parcel of land described in section 4(b)(1)(B)(ii), and any
			 other parcel of land that is located within the State Park and purchased by the
			 United States from a willing seller, shall be transferred to the Board for
			 incorporation into the State Park.
					(F)Mineral
			 interests
						(i)In
			 generalThe United States shall retain any mineral interests in
			 the land conveyed under subparagraph (A).
						(ii)WithdrawalBeginning
			 on the date of enactment of this Act, and subject to valid existing rights, the
			 land described in subparagraph (B) shall be permanently withdrawn from all
			 forms of entry and appropriation under the mining and mineral leasing laws,
			 including the Geothermal Steam Act of l970 (30 U.S.C. 1001 et seq.).
						(G)Fees;
			 concessions contractsNothing in this Act prohibits the Board
			 from—
						(i)charging
			 reasonable entry or user fees for the State Park; or
						(ii)entering into
			 concession contracts to manage the State Park.
						(H)ReversionIf
			 the land conveyed under subparagraph (A) is used in a manner that is
			 inconsistent with the uses described in subparagraph (D), the land shall, at
			 the discretion of the Secretary of the Interior, revert to the United
			 States.
					(I)Adjacent
			 management
						(i)FindingCongress
			 finds that land in close proximity to the State Park is or has been the site
			 of—
							(I)mining or mining
			 related activities or operations;
							(II)livestock
			 grazing; and
							(III)agricultural
			 activities.
							(ii)No protective
			 perimeter or bufferThe establishment of the State Park shall not
			 create any protective perimeter or buffer zone around the State Park.
						(iii)Other
			 activities or usesThe fact that non-park activities or uses can
			 be seen or heard from areas within the State Park shall not preclude the
			 conduct of those activities or uses outside the boundary of the State
			 Park.
						(J)EffectThe
			 establishment of the State Park does not impose new or additional requirements
			 or restrictions under the laws of the United States with respect to the
			 permitting, management, or conduct of mining operations and other activities
			 outside the boundaries of the State Park.
					(2)State park
			 access road
					(A)In
			 generalTo provide safe and reasonable public access to the State
			 Park, on request by the Board, the Secretary of the Interior shall grant the
			 Board a right-of-way for the construction of an access road on the route
			 described in subparagraph (B).
					(B)Description of
			 routeThe route referred to in subparagraph (A) is the route
			 generally depicted as the Tam O-Shanter Access Road on the map
			 entitled Tam O’Shanter Access Road, dated February 2006.
					(C)ConditionThe
			 road authorized under subparagraph (A) shall be an unpaved road, constructed or
			 improved only to the extent that Secretary of the Interior, after consultation
			 with the Board, determines is necessary to permit the safe passage of 2-wheel
			 drive vehicles for public recreational access purposes.
					(D)LocationThe
			 exact location of the road authorized under subparagraph (A) may, at the sole
			 discretion of the Secretary of the Interior, after consultation with the Board,
			 be modified or realigned along the general route shown on the map described in
			 subparagraph (B).
					(E)DeadlineTo
			 the maximum extent practicable consistent with weather conditions, the road
			 under subparagraph (A) shall be completed not later than 1 year after the date
			 of conveyance of the land described in paragraph (1)(B) to the Board.
					(F)ManagementThe
			 Board shall manage and maintain the road and right-of-way beginning on the date
			 on which the road is completed.
					(G)Road
			 costs
						(i)Payment by
			 Resolution CopperAs a condition of the conveyance authorized
			 under section 4(a), Resolution Copper shall pay to the Secretary of the
			 Interior $500,000 to be used for the construction of any road under this
			 paragraph.
						(ii)Payment by
			 Secretary of the InteriorOn the date of receipt of the amount
			 paid to the Secretary of the Interior by Resolution Copper under clause (i),
			 the Secretary of the Interior shall pay to the Board an amount equal to the
			 amount received by Resolution Copper to be used for the construction of any
			 road under this paragraph.
						(iii)Additional
			 costsThe Board shall be responsible for each cost in excess of
			 the amount paid by the Secretary of the Interior to the Board relating to the
			 construction and maintenance of any road under this paragraph.
						(c)Interim use of
			 oak flat Federal land
				(1)In
			 generalUntil the Federal land is transferred to Resolution
			 Copper under section 4(a), the Secretary of the Interior shall, subject to
			 paragraphs (2) and (3), continue to administer and allow public access to, and
			 use of, rock climbing sites on the Federal land, other than the excluded areas
			 described in paragraph (2).
				(2)Excluded
			 areasThe excluded areas referred to in paragraph (1) are the
			 climbing sites on the Federal land known as the Mine Area and
			 Eurodog Valley areas, as generally depicted on the map entitled
			 Mine Area, Eurodog Valley, and Magma Mine Road Closure Sites and
			 dated February 2006.
				(3)Closure to
			 public use
					(A)In
			 generalIf any of the areas described in paragraph (2) have not
			 been closed to public use as of the date of enactment of this Act, the areas
			 shall be closed to public use on the date of enactment of this Act.
					(B)Magma mine
			 road
						(i)In
			 generalExcept as provided in clause (ii), on the date of
			 enactment of this Act, the Magma Mine Road shall be closed to further public
			 use.
						(ii)ExceptionThe
			 closure under clause (i) shall not apply to the road segment of the Magma Mine
			 Road needed to access the Oak Flat Campground during the period described in
			 subsection (a)(3)(A).
						(4)Boulderblast
			 competitionDuring the period beginning on the date of enactment
			 of this Act and ending on the date that is 5 years after the date of enactment
			 of this Act, the Secretary, in consultation with Resolution Copper, may issue
			 not more than 1 special use permit per year to provide public access to the
			 bouldering area on the Federal land for purposes of the annual
			 BoulderBlast competition.
				(5)LiabilityResolution
			 Copper shall not be liable for any public use of the Federal land under
			 paragraph (3) or (4).
				9.Arizona Land
			 Fund
			(a)EstablishmentThere
			 is established in the Treasury of the United States a fund (referred to in this
			 section as the Fund), consisting of the amounts paid by
			 Resolution Copper to the Secretary of the Treasury under sections 4(b)(2) and
			 5(b)(1).
			(b)Expenditures
			 from Fund
				(1)In
			 generalSubject to paragraph (2), on a joint request by the
			 Secretary and the Secretary of the Interior, the Secretary of the Treasury
			 shall transfer from the Fund to the Secretary such amounts as the Secretary and
			 the Secretary of the Interior determine are necessary to purchase land, or
			 interests in land, under subsection (c).
				(2)Administrative
			 expensesAn amount not exceeding 2 percent of the amounts in the
			 Fund shall be available for each fiscal year to pay the administrative expenses
			 necessary to carry out this Act.
				(c)Uses of
			 FundThe Secretary and the Secretary of the Interior shall
			 jointly use amounts in the Fund to purchase from willing sellers land,
			 including interests in land, that is—
				(1)located within
			 the hydrographic boundary of the San Pedro River (including tributaries of the
			 San Pedro River); or
				(2)determined by the
			 Secretary and the Secretary of the Interior to be an acquisition priority in
			 the State.
				10.Miscellaneous
			 provisions
			(a)Revocation of
			 orders; withdrawal
				(1)Revocation of
			 ordersAny public land order that withdraws the Federal land or
			 the land to be conveyed to the Board under section 8(b)(1) from appropriation
			 or disposal under a public land law shall be revoked to the extent necessary to
			 permit disposal of the land.
				(2)WithdrawalOn
			 the date of enactment of this Act, if the Federal land is not withdrawn or
			 segregated from entry and appropriation under a public land law (including
			 mining and mineral leasing laws and the Geothermal Steam Act of l970 (30 U.S.C.
			 1001 et seq.)), the Federal land shall be withdrawn from entry and
			 appropriation, subject to any right of Resolution Copper, until the date of the
			 conveyance of Federal land under section 4(a).
				(b)Maps,
			 estimates, and descriptions
				(1)Minor
			 errorsThe Secretary concerned, Resolution Copper, or the Board,
			 may by mutual agreement correct any minor errors in any map, acreage estimate,
			 or description of any land conveyed or exchanged under this Act.
				(2)ConflictIf
			 there is a conflict between a map, an acreage estimate, or a description of
			 land under this Act, the map shall control unless the Secretary concerned,
			 Resolution Copper, or the Board, as appropriate, mutually agree
			 otherwise.
				(3)Availability
					(A)In
			 generalOn the date of enactment of this Act, the Secretary shall
			 file and make available for public inspection in the Office of the Supervisor,
			 Tonto National Forest, any map referred to in this Act.
					(B)Other
			 mapsAny maps accompanying the State Park conveyance and road
			 access under section 8 shall be made available for public inspection in the
			 Arizona Office of the Bureau of Land Management.


117 HRES 32 IH: Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors.
U.S. House of Representatives
2021-01-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
117th CONGRESS
1st Session
H. RES. 32
IN THE HOUSE OF REPRESENTATIVES

January 11, 2021
Ms. Omar (for herself, Mr. Payne, Mr. Huffman, Ms. Newman, Mr. Rush, Ms. Schakowsky, Ms. Wilson of Florida, Mr. Espaillat, Mr. Swalwell, Mrs. Hayes, Ms. Velázquez, Ms. Clarke of New York, Mr. DeSaulnier, Mr. Torres of New York, Mr. Horsford, Ms. Pressley, Ms. Ocasio-Cortez, Ms. Tlaib, Ms. Bush, Mr. Jones, Mrs. Kirkpatrick, Mr. Carson, Mr. Cicilline, Mr. Lieu, Mr. Johnson of Georgia, Ms. Escobar, Mr. Vicente Gonzalez of Texas, Mrs. Watson Coleman, Mr. Connolly, Mr. Gomez, Mr. Bowman, Mr. Green of Texas, Mr. Blumenauer, Ms. Eshoo, Mr. Takano, Mrs. Demings, Mr. Kahele, Mr. Cohen, Mrs. Napolitano, Ms. Norton, Ms. Jayapal, Mr. Higgins of New York, Ms. Castor of Florida, Mr. Cooper, Ms. Barragán, Mr. Tonko, Mr. Pocan, Ms. Pingree, Mr. Kildee, Mr. Danny K. Davis of Illinois, Mr. Lynch, Ms. Meng, Ms. Dean, Mrs. Lawrence, Mr. Smith of Washington, Mr. Yarmuth, Ms. Blunt Rochester, Mr. Price of North Carolina, Ms. Lee of California, Mrs. Torres of California, Mr. Grijalva, Mr. Castro of Texas, Ms. Williams of Georgia, Mr. Auchincloss, Ms. Kaptur, Mr. García of Illinois, Mr. Brown, Ms. Speier, Mrs. Trahan, Ms. Jackson Lee, Ms. Roybal-Allard, Mrs. Beatty, Mr. Keating, Mr. McGovern, Mr. Moulton, Ms. Jacobs of California, Ms. Leger Fernandez, Ms. Adams, Mr. Cárdenas, Mr. Meeks, Ms. Waters, Mr. Sarbanes, Ms. Clark of Massachusetts, Ms. Bonamici, and Mr. Jeffries) submitted the following resolution; which was referred to the Committee on the Judiciary

RESOLUTION
Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors.

That Donald John Trump, President of the United States, is impeached for high crimes and misdemeanors and that the following articles of impeachment be exhibited to the United States Senate: Articles of impeachment exhibited by the House of Representatives of the United States of America in the name of itself and of the people of the United States of America, against Donald John Trump, President of the United States of America, in maintenance and support of its impeachment against him for high crimes and misdemeanors.
Article I
In his conduct of the office of President of the United States, Donald John Trump—and in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed—Donald John Trump has abused the powers of the Presidency by attempting to unlawfully overturn the results of the November 2020 Presidential election in the State of Georgia.  On January 2, 2021, President Trump violated his constitutional duty to take care that the laws of the United States be faithfully executed when, on a recorded call, he repeatedly asked Georgia Secretary of State Brad Raffensperger to overturn the finalized and verified results of the November 2020 Presidential election in the State of Georgia. President Trump misused the power of his office by threatening an elected official with unspecified consequences if he failed to pursue the President’s false claims and attempting to coerce an elected official to commit fraud. His actions and statements on this call amounted to interference with the impartial election process in direct contravention of both Federal law and the laws of the State of Georgia.
In all of this, Donald John Trump has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, Donald John Trump, by such conduct, warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.
Article II
In his conduct of the office of President of the United States—and in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed—Donald John Trump has abused the powers of the Presidency to incite violence and orchestrate an attempted coup against our country.  On January 6, 2021, President Trump encouraged individuals to travel to Washington, DC, with the sole purpose of inciting violence and obstructing Congress in engaging in its constitutionally mandated legislative business of certifying the electoral college results of the 2020 election. He incited a crowd of supporters in Washington, DC, to violently attack the United States Capitol while both chambers of Congress were in session, saying You’ll never take back our country with weakness. You have to show strength and you have to be strong. After those supporters had violently breached the Capitol, he put out a further statement repeating his false claims of election fraud and telling the members of the mob, We love you, you’re very special.
In all of this, Donald John Trump has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States. Wherefore, Donald John Trump, by such conduct, warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.


		IV
		111th CONGRESS
		2d Session
		H. RES. 1459
		IN THE HOUSE OF REPRESENTATIVES

			June 22, 2010
			Mr. Djou submitted
			 the following resolution; which was referred to the
			 Committee on the
			 Judiciary

		RESOLUTION
		Recognizing the 50th Anniversary of the
		  50-star flag of the United States.

		Whereas, on April 30, 1900, President William McKinley
			 signed into law the Organic Act (chapter 339; 31 Stat 141), by which Hawaii
			 became a territory of the United States;
		Whereas, on December 31, 1910, J. C. Bud Mars made the
			 first powered airplane flight in Hawaii from a Moanalua field in a Curtiss P–18
			 biplane, the Skylark;
		Whereas, on November 16, 1942, Joseph Farrington was
			 elected to serve as Hawaii’s first Delegate to Congress;
		Whereas, on August 21, 1959, President Dwight D.
			 Eisenhower issued Executive Order No. 10834 (4 U.S.C. 1 note) recognizing the
			 admission of the State of Hawaii into the Union and prescribing the design of
			 the 50-star flag of the United States;
		Whereas over 400 designs had been submitted by school
			 children, associations, individuals, and flag manufacturers for the 50-star
			 flag;
		Whereas the Office of the Quartermaster General, under the
			 direction of Major General Andrew T. McNamara, redesigned the flag of the
			 United States with specifications from Executive Order 10834;
		Whereas, on August 21, 1959, Representative Daniel K.
			 Inouye became Hawaii’s first voting member of the House of
			 Representatives;
		Whereas the 50-star flag is the 27th flag of the United
			 States;
		Whereas, on July 4, 1960, the 50-star flag became the
			 official flag of the United States; and
		Whereas, on July 24, 1969, the 50-star flag was planted on
			 the moon: Now, therefore, be it

		That the House of Representatives
			 recognizes and celebrates the 50th Anniversary of the 50-star flag becoming the
			 official flag of the United States on Independence Day, July 4, 1960.


113 HR 3983 IH: Total Learning Act
U.S. House of Representatives
2014-02-03
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.

I113th CONGRESS2d SessionH. R. 3983IN THE HOUSE OF REPRESENTATIVESFebruary 3, 2014Mr. Himes (for himself, Ms. Esty, and Mr. Larson of Connecticut) introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo establish a competitive grant program assisting the development of innovative early learning curricula for low-income children.1.Short titleThis Act may be cited as the Total Learning Act.2.FindingsThe Congress finds as follows:(1)Research conducted by the Census Bureau suggests that 21.8 percent of children under the age of 18 are living in poverty.(2)Research conducted by the Bureau of the Census of the Department of Commerce shows that socioeconomic status and family background characteristics are highly correlated with educational outcomes, with a concentration of low-performing schools in low-income and underserved communities.(3)As an example of an innovative early learning curriculum producing tangible results for low-income children, an independent evaluation of the Total Learning Curriculum developed by Action for Bridgeport Community Development, Inc., in cooperation with the Dr. Edward Zigler of the Yale Child Study Center and implemented in Bridgeport, Connecticut, has demonstrated that students who received all the elements of the Total Learning Curriculum made an average 2-point gain on the Diagnostic Reading Assessment (DRA) compared to an average 1.76-point gain on such assessment by those students who did not participate in the Total Learning Curriculum.(4)Such independent evaluation also showed that students who received all elements of Total Learning Curriculum have an average score of 22.35 points on the Concept of Print assessment, compared to an average score of 20.82 points on such assessment by those students who did not participate in the Total Learning Curriculum.(5)According to the findings of such independent evaluation, children with low initial DRA scores, high-family risk levels, low parental involvement, have special needs, or who are English-language-learners or participate in extended-day programs, make significant DRA gains after receiving all the elements of the Total Learning Curriculum.3.PurposeIt is the purpose of this Act to promote academic success for children living in poverty by—(1)improving and promoting school readiness by enhancing the cognitive, social, and emotional development of children from birth;(2)focusing such enhancements on low-income children who are at the greatest risk of negative educational outcomes; and(3)harnessing the most current developmentally appropriate educational methods to improve the public education system, including—(A)educational interventions beginning as close to birth as possible;(B)a child-initiated learning process with time for independent inquiry and play;(C)access to wraparound social services, including support for nutrition, housing, and family literacy;(D)professional development for instructional staff, including elementary school teachers, paraprofessionals, and pre-school teachers;(E)an extended school day and school year;(F)parent development, which includes providing parents with the knowledge and skills needed to be able to support a child’s growth and academic progress;(G)child-to-staff ratios of at least 1 early childhood or elementary educator for every 7 children; and(H)an enhanced transition from pre-kindergarten to elementary school, so that the cognitive and social gains of the pre-kindergarten program are sustained through the remainder of a child’s educational career.4.Grant program to close the achievement gap(a)Grant program authorizedFrom the amount appropriated under section 10, the Secretary shall award grants, on a competitive basis, to eligible partnerships to implement innovative early learning curricula in early childhood education programs and elementary schools in high-need communities for children from birth through age 9.(b)Grant periodA grant under this section shall be awarded for a 5-year period and may be renewed for an additional 5-year period upon a showing of adequate progress, as determined by the Secretary.(c)ApplicationTo be eligible to receive a grant under this section, an eligible partnership shall submit to the Secretary a grant application at such time and in such manner as the Secretary shall require, and containing the following information:(1)A description of the high-need community to be served by the eligible partnership, including the number and percent of English-language learners that will be served and other demographic and socioeconomic information as the Secretary may request.(2)An assessment of the need for such a grant in the high-need community, including—(A)the number of low-income families; and(B)the number of and percent of elementary school children performing below grade level for reading and math on State assessments described in section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)).(3)A detailed description of a plan to carry out the implementation of the innovative early learning curriculum in the high-need community, including—(A)how children and families will be selected to participate, taking into account the need for continuity and stability for all participating children and families;(B)how the implementation will coordinate and build on, and will not supplant or duplicate, professional development activities available to the staff of the innovative early learning curriculum in the high-need community;(C)how the implementation will train instructional staff in the innovative early learning curriculum to provide developmentally appropriate school-readiness services that are based on the best available child development and education research;(D)how the implementation will train instructional staff in the innovative early learning curriculum to meet the diverse educational needs of children in the high-need community, including children who have limited English proficiency, children with disabilities, or children with other special needs; and(E)how the implementation will train instructional staff in the innovative early learning curriculum to identify and prevent behavioral problems in children or working with children identified as or suspected to be victims of abuse.(4)A description of the plan for continuing the innovative early learning curriculum after the end of the grant period.(5)The proposed allocation and use of grant funds to implement the innovative early learning curriculum in the high-need community.(6)A description of the roles and responsibilities of the eligible partnership in implementing the innovative early learning curriculum in the high-need community.(7)An assurance, if applicable, that the eligible partnership will provide appropriate professional development to volunteers working directly with young children, as well as to paid staff.(d)Use of grant funds(1)Required usesA grant awarded under this Act shall be used to cover costs associated with implementing the innovative early learning curriculum, including—(A)costs for extended school hours and days;(B)costs associated with professional development, staff compensation, and retention;(C)costs for all comprehensive child and family support services; and(D)for any other activities needed to fulfill the purpose of this Act, as the Secretary deems appropriate.(2)Permissible usesNot more 5 percent of a grant awarded under this Act may be used to pay the administrative costs (including supplies, office and classroom space, supervision, mentoring, and transportation stipends as necessary and appropriate) related to the implementation of the innovative early learning curriculum.(e)Distribution of grantsIn awarding grants under this Act, the Secretary shall—(1)award the first 5 grants to eligible partnerships from 5 different States; and(2)award not less than 1 grant to an applicant serving—(A)a school operated by the Bureau of Indian Affairs;(B)a tribal educational agency; or(C)a high-need community located in a rural area.(f)PriorityThe Secretary shall give priority to an eligible partnership that—(1)proposes to use the grant funds to carry out the innovative early learning curriculum in areas served by local educational agencies with a higher percentage of students from low-income families and English-language learners not meeting the proficient level of achievement on State assessments described in section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) in comparison to other grant applicants; and(2)demonstrates the availability of local infrastructure in the high-need community to be served by such eligible partnership to implement the innovative early learning curriculum, including the availability of—(A)public elementary schools serving a high percentage of students from low-income families; and(B)public or non-profit social service providers, including providers of health-related services or early childhood education services.(g)Reporting requirementsEach eligible partnership that receives a grant under this section shall submit an annual report to the Secretary on the progress of implementing the innovative early learning curriculum. Such report shall include a description of—(1)the actual service delivery provided through grant funds, including characteristics of the participating students (including descriptive information on the population of children and families served), and how the innovative early learning curriculum was implemented;(2)an estimate of the annual implementation costs of the program;(3)outcomes that are consistent with the purpose of the grant program, including—(A)improvements in student achievement;(B)improvements in language skills of children from birth to 3 years of age;(C)improvements in social-emotional outcomes for children at the greatest risk of needing behavioral or psychological intervention; and(D)improvements in health for children, including nutrition and access to stable high-quality health services;(4)the types of instruction, materials, and activities being funded under the grant program; and(5)the effectiveness of any training and ongoing professional development provided—(A)to the faculty, administration, and staff of early childhood and elementary educators within the eligible partnership receiving a grant under this Act; and(B)to the broader community of providers of social, emotional, behavioral, and related support to students participating in the program and to those who train such providers.(h)Evaluations(1)Interim evaluationsFrom the amount appropriated under section 10, the Secretary may conduct interim evaluations to determine whether each eligible partnership receiving a grant under this Act is making adequate progress as the Secretary considers appropriate. The contents of the annual report submitted to the Secretary under subsection (g) may be used by the Secretary to determine whether an eligible grantee receiving a grant is demonstrating adequate progress.(2)Final evaluationNot later than 4 years, the Secretary shall report the results of a final evaluation of each innovative early learning curriculum being implemented by an eligible partnership receiving a grant under this Act to—(A)determine the effectiveness of such innovative early learning curriculum; and(B)compare the relative effectiveness of each of the various activities described by subsection (d)(1) for which grant funds are used.(3)ReportNot sooner than 5 years, and not later than 6 years, after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the findings of the evaluation conducted under paragraph (2), and such recommendations as the Secretary considers appropriate.5.Training program authorizedFrom the amount appropriated under section 10, the Secretary shall award funds to a public or private nonprofit organization with demonstrated expertise in an innovative early learning curriculum demonstrating the principles outlined in section 3, for the purpose of training, and providing technical assistance to, eligible partnerships on implementing the innovative early learning curriculum.6.Supplement not supplantFunds made available under this Act shall be used to supplement, not supplant, Federal, State, or local funds that, in the absence of such availability, would have been expended for the activities described in section 4(d).7.Future designation study(a)In generalThe Secretary shall provide information about the grant program under this Act to potential grant applicants that may be eligible to receive a grant under this Act based on the latest available data on—(1)the number of residents under the age of 18 in an area served by a local educational agency;(2)the percentage of residents with an income below the poverty line in an area served by a local educational agency;(3)the percentage of residents age 18 or older with high school diplomas in an area served by a local educational agency;(4)the percentage of students identified as eligible for special education services in an area served by a local educational agency;(5)the youth crime rate in an area served by a local educational agency; and(6)such other criteria as the Secretary considers appropriate.(b)ReportNot later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a list of high-need communities that, pursuant to subsection (a), received information about the grant program under this Act.8.Rule of constructionNothing in this Act shall be construed to abrogate or alter any valid and existing collective bargaining agreement.9.DefinitionsFor purposes of this Act:(1)In generalThe terms State educational agency, local educational agency, highly qualified, and poverty line have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).(2)Eligible partnershipThe term eligible partnership means—(A)a full-service community school; or(B)a partnership between a local educational agency and one of the following:(i)A public or non-profit social service provider, including a provider of health-related services or early childhood education services.(ii)A full-service community school.(3)Extended school dayThe term extended school day means a school day for children from birth to age 9 of not less than 9 hours, except in the case where an eligible partnership cannot accommodate a 9-hour day.(4)Extended school yearThe term extended school year means a school year for children from birth to age 9 of not less than 220 calendar days, except in the case where an eligible partnership cannot accommodate a 220-calendar-day school year.(5)Full-service community schoolThe term full-service community school means a public school which coordinates educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships, and provides access to such services to students enrolled in such school, families of such students, and the community where such school is located.(6)High-need community(A)In generalThe term high-need community means—(i)a political subdivision of a State, or a portion of a political subdivision of a State, in which at least 50 percent of the children are from low-income families; or(ii)a political subdivision of a State that is among the top 10 percent of political subdivisions of a State having the greatest numbers of such children.(B)DeterminationIn determining which communities qualify as a high-need community under subparagraph (A), the Secretary shall use such data as the Secretary determines are most accurate and appropriate.(7)Low-income familyThe term low-income family means a family with an income below the poverty line for the most recent fiscal year for which satisfactory data are available.(8)SecretaryThe term Secretary means the Secretary of Education.(9)innovative early learning curriculumThe term innovative early learning curriculum means a comprehensive model of early childhood education, including the following principles as articulated by Dr. Edward Zigler of the Yale Child Study Center, which incorporate—(A)educational interventions beginning as close to birth as possible;(B)a child-initiated learning process with time for independent inquiry and play;(C)access to wraparound social services, including support for nutrition, housing, and family literacy;(D)professional development for instructional staff, including elementary school teachers, paraprofessionals, and pre-school teachers;(E)an extended school day and school year;(F)parent development, which includes providing parents with the knowledge and skills needed to be able to support a child’s growth and academic progress;(G)child-to-staff ratios of at least 1 early childhood or elementary educator for every 7 children; and(H)an enhanced transition from pre-kindergarten to elementary school, so that the cognitive and social gains of the pre-kindergarten program are sustained through the remainder of a child’s educational career.(10)Wraparound social servicesThe term wraparound social services means comprehensive health and social services provided to a child and the child’s family to supplement the child’s educational needs.10.Authorization of appropriations(a)In generalThere is authorized to be appropriated to carry out this Act $50,000,000 for each of the fiscal years 2015 to 2021.(b)ReservationsOf the amount appropriated under paragraph (1) each fiscal year, the Secretary shall reserve—(1)not more than 3 percent for evaluations under section 4(h);(2)between 2 percent and 5 percent for the training program under section 5; and(3)not more than 3 percent to carry out the study in section 7.


115 S83 IS: Promoting Women in Entrepreneurship Act
U.S. Senate
2017-01-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 83IN THE SENATE OF THE UNITED STATESJanuary 10, 2017Ms. Klobuchar (for herself and Mr. Heller) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo authorize the National Science Foundation to support entrepreneurial programs for women.

 1.Short titleThis Act may be cited as the Promoting Women in Entrepreneurship Act. 2.FindingsThe Congress finds that—
 (1)women make up almost 50 percent of the workforce, but less than 25 percent of the workforce in science, technology, engineering, and mathematics (STEM) professions;
 (2)women are less likely to focus on the STEM disciplines in undergraduate and graduate study; (3)only 26 percent of women who do attain degrees in STEM fields work in STEM jobs;
 (4)there is an increasing demand for individuals with STEM degrees to extend their focus beyond the laboratory so they can be leaders in discovery commercialization;
 (5)studies have shown that technology and commercialization ventures are successful when women are in top management positions; and
 (6)the National Science Foundation’s mission includes supporting women in STEM disciplines. 3.Supporting women’s entrepreneurial programsSection 33 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a) is amended—
 (1)by striking and at the end of paragraph (10); (2)by striking the period at the end of paragraph (11) and inserting ; and; and
 (3)by adding at the end the following new paragraph:  (12)encourage its entrepreneurial programs to recruit and support women to extend their focus beyond the laboratory and into the commercial world..


110 HCON 357 IH: Encouraging all States to enact laws

U.S. House of Representatives
2008-05-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		110th CONGRESS
		2d Session
		H. CON. RES. 357
		IN THE HOUSE OF REPRESENTATIVES

			May 20, 2008
			Mr. Feeney submitted
			 the following concurrent resolution; which was referred to the
			 Committee on House
			 Administration

		CONCURRENT RESOLUTION
		Encouraging all States to enact laws
		  requiring photo identification to vote in elections.

		Whereas on April 28, 2008, the Supreme Court of the United
			 States, in Crawford et al. v. Marion County Election Board et al., ruled that
			 the State of Indiana’s law requiring voters to present photo identification
			 when voting is constitutional;
		Whereas the Court, in a 6–3 ruling written by Justices
			 Stevens, Roberts, and Kennedy, found that the burden on voters to present photo
			 ID is offset by the benefit to voters and overall electoral integrity of
			 reducing the risk of fraud;
		Whereas the Crawford ruling noted that, There is no
			 question about the legitimacy or importance of a State’s interest in counting
			 only eligible voters’ votes.;
		Whereas the Crawford ruling also noted that,
			 Indiana’s interest in protecting public confidence in elections, while
			 closely related to its interest in preventing voter fraud, has independent
			 significance, because such confidence encourages citizen participation in the
			 democratic process.;
		Whereas the Crawford ruling also noted that, The
			 relevant burdens here are those imposed on eligible voters who lack photo
			 identification cards . . . . Because Indiana’s cards are free, the
			 inconvenience of going to the Bureau of Motor Vehicles, gathering required
			 documents, and posing for a photograph does not qualify as a substantial burden
			 on most voters’ right to vote, or represent a significant increase over the
			 usual burdens of voting.;
		Whereas a Rasmussen Reports telephone survey of likely
			 voters in early 2008 found that 80 percent of voters believe that everyone
			 should be required to show photo identification to vote, that 13 percent
			 disagree with the photo ID requirement, and that 72 percent disagree that
			 requiring photo ID unfairly discriminates against some segments of the
			 population; and
		Whereas State requirements regarding what, if any,
			 identification they require voters to present vary greatly: Now, therefore, be
			 it

		That Congress—
			(1)strongly
			 encourages all States that have not already done so, in light of the recent
			 ruling by the Supreme Court of the United States in Crawford et al. v. Marion
			 County Election Board et al., to swiftly enact laws requiring voters to present
			 current, valid, government-issued photo identification based on proof of United
			 States citizenship in order to vote in elections; and
			(2)applauds those States that have already
			 implemented vigorous photo identification laws to secure the integrity of the
			 democratic process.


117 S1502 ES: Confidentiality Opportunities for Peer Support Counseling Act
U.S. Senate

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.

117th CONGRESS1st SessionS. 1502IN THE SENATE OF THE UNITED STATESAN ACTTo make Federal law enforcement officer peer support communications confidential, and for other purposes.1.Short titleThis Act may be cited as the Confidentiality Opportunities for Peer Support Counseling Act or the COPS Counseling Act.2.Confidentiality of peer support communications(a)DefinitionsIn this section:(1)Law enforcement agencyThe term law enforcement agency means a Federal agency that employs a law enforcement officer.(2)Law enforcement officerThe term law enforcement officer has the meaning given the term Federal law enforcement officer in section 115 of title 18, United States Code.(3)Peer support communicationThe term peer support communication includes—(A)an oral or written communication made in the course of a peer support counseling session;(B)a note or report arising out of a peer support counseling session;(C)a record of a peer support counseling session; or(D)with respect to a communication made by a peer support participant in the course of a peer support counseling session, another communication, regarding the first communication, that is made between a peer support specialist and—(i)another peer support specialist;(ii)a staff member of a peer support counseling program; or(iii)a supervisor of the peer support specialist.(4)Peer support counseling programThe term peer support counseling program means a program provided by a law enforcement agency that provides counseling services from a peer support specialist to a law enforcement officer of the agency.(5)Peer support counseling sessionThe term peer support counseling session means any counseling formally provided through a peer support counseling program between a peer support specialist and 1 or more law enforcement officers.(6)Peer support participantThe term peer support participant means a law enforcement officer who receives counseling services from a peer support specialist. (7)Peer support specialistThe term peer support specialist means a law enforcement officer who—(A)has received training in—(i)peer support counseling; and(ii)providing emotional and moral support to law enforcement officers who have been involved in or exposed to an emotionally traumatic experience in the course of employment; and(B)is designated by a law enforcement agency to provide the services described in subparagraph (A).(b)ProhibitionExcept as provided in subsection (c), a peer support specialist or a peer support participant may not disclose the contents of a peer support communication to an individual who was not a party to the peer support communication.(c)ExceptionsSubsection (b) shall not apply to a peer support communication if—(1)the peer support communication contains—(A)an explicit threat of suicide by an individual in which the individual—(i)shares—(I)an intent to die by suicide; and(II)a plan for a suicide attempt or the means by which the individual plans to carry out a suicide attempt; and(ii)does not solely share that the individual is experiencing suicidal thoughts;(B)an explicit threat by an individual of imminent and serious physical bodily harm or death to another individual;(C)information—(i)relating to the abuse or neglect of—(I)a child; or(II)an older or vulnerable individual; or(ii)that is required by law to be reported; or(D)an admission of criminal conduct;(2)the disclosure is permitted by each peer support participant who was a party to, as applicable—(A)the peer support communication;(B)the peer support counseling session out of which the peer support communication arose;(C)the peer support counseling session of which the peer support communication is a record; or(D)the communication made in the course of a peer support counseling session that the peer support communication is regarding;(3)a court of competent jurisdiction issues an order or subpoena requiring the disclosure of the peer support communication; or(4)the peer support communication contains information that is required by law to be disclosed.(d)Rule of constructionNothing in subsection (b) shall be construed to prohibit the disclosure of—(1)an observation made by a law enforcement officer of a peer support participant outside of a peer support counseling session; or(2)knowledge of a law enforcement officer about a peer support participant not gained from a peer support communication.(e)Disclosure of rightsBefore the initial peer support counseling session of a peer support participant, a peer support specialist shall inform the peer support participant in writing of the confidentiality requirement under subsection (b) and the exceptions to the requirement under subsection (c).3.Best practices and support(a)DefinitionsIn this section:(1)First responderThe term first responder has the meaning given the term public safety officer in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284).(2)First responder agencyThe term first responder agency means a Federal, State, local, or Tribal agency that employs or otherwise engages the services of a first responder.(3)Peer support counseling programThe term peer support counseling program means a program provided by a first responder agency that provides counseling services from a peer support specialist to a first responder of the first responder agency.(4)Peer support participantThe term peer support participant means a first responder who receives counseling services from a peer support specialist. (5)Peer support specialistThe term peer support specialist means a first responder who—(A)has received training in—(i)peer support counseling; and(ii)providing emotional and moral support to first responders who have been involved in or exposed to an emotionally traumatic experience in the course of the duties of those first responders; and(B)is designated by a first responder agency to provide the services described in subparagraph (A). (b)Report on best practicesNot later than 2 years after the date of enactment of this Act, the Attorney General, in coordination with the Secretary of Health and Human Services, shall develop a report on best practices and professional standards for peer support counseling programs for first responder agencies that includes—(1)advice on—(A)establishing and operating peer support counseling programs; and(B)training and certifying peer support specialists;(2)a code of ethics for peer support specialists;(3)recommendations for continuing education for peer support specialists;(4)advice on disclosing to first responders any confidentiality rights of peer support participants; and(5)information on—(A)the different types of peer support counseling programs in use by first responder agencies;(B)any differences in peer support counseling programs offered across categories of first responders; and(C)the important role senior first responders play in supporting access to mental health resources.(c)ImplementationThe Attorney General shall support and encourage the implementation of peer support counseling programs in first responder agencies by—(1)making the report developed under subsection (b) publicly available on the website of the Department of Justice; and(2)providing a list of peer support specialist training programs on the website of the Department of Justice.4.Sense of CongressIt is the sense of Congress that Federal, State, local, and Tribal police officers, sheriffs, and other law enforcement officers across the United States who serve with valor, dignity, and integrity deserve the gratitude and respect of Congress. Passed the Senate June 7, 2021.Secretary


116 S3664 IS: Inspectors General Independence Act of 2020
U.S. Senate
2020-05-07
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 CONGRESS2d SessionS. 3664IN THE SENATE OF THE UNITED STATESMay 7, 2020Mr. Murphy introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo enhance the independence of Inspectors General, and for other purposes.1.Short titleThis Act may be cited as the Inspectors General Independence Act of 2020.2.Amendments to the Inspector General Act of 1978(a)Removal for causeThe Inspector General Act of 1978 (5 U.S.C. App.) is amended—(1)in section 3(b), by inserting after the first sentence the following: An Inspector General may only be removed by the President before the expiration of the term of the Inspector General for permanent incapacity, inefficiency, neglect of duty, malfeasance, or conviction of a felony or conduct involving moral turpitude.; and(2)in section 8(G)(e), by adding at the end the following:(3)An Inspector General may only be removed by the head of a designated Federal entity before the expiration of the term of the Inspector General for permanent incapacity, inefficiency, neglect of duty, malfeasance, or conviction of a felony or conduct involving moral turpitude..(b)Establishment of terms of officeThe Inspector General Act of 1978 (5 U.S.C. App.) is amended—(1)in section 3, by adding at the end the following:(h)(1)The term of office of each Inspector General shall be 7 years. An individual may serve for more than 1 term in such office. Any individual appointed and confirmed to fill a vacancy in such position, occurring before the expiration of the term for which his or her predecessor was appointed, shall be appointed and confirmed for a full 7-year term.(2)An individual may continue to serve as Inspector General beyond the expiration of the term for which the individual is appointed until a successor is appointed and confirmed, except that such individual may not continue to serve for more than 1 year after the date on which the term would otherwise expire under paragraph (1).; and(2)in section 8G(c)—(A)by inserting (1) after (c); and (B)by adding at the end the following:(2)The term of office of each Inspector General shall be 7 years. An individual may serve for more than 1 term in such office. Any individual appointed to fill a vacancy in such position, occurring before the expiration of the term for which his or her predecessor was appointed, shall be appointed for a full 7-year term..(c)Application(1)In generalThe amendments made by this section shall apply to any Inspector General of an establishment or a designated Federal entity, as defined in sections 12 and 8G(a) of the Inspector General Act of 1978 (5 U.S.C. App.), respectively, appointed before, on, or after the date of enactment of this Act. (2)TermThe term of office of an Inspector General described in paragraph (1) serving on the date of enactment of this Act is deemed to begin on such date of enactment.


		I
		111th CONGRESS
		2d Session
		H. R. 5637
		IN THE HOUSE OF REPRESENTATIVES

			June 29, 2010
			Mr. Murphy of
			 Connecticut (for himself, Mr.
			 Jones, Ms. Sutton,
			 Mr. Critz,
			 Mr. Schauer,
			 Mr. Ryan of Ohio,
			 Mr. Lipinski, and
			 Mr. Manzullo) introduced the following
			 bill; which was referred to the Committee
			 on Oversight and Government Reform, and in addition to the
			 Committee on Armed
			 Services, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To amend the Federal Property and Administrative Services
		  Act of 1949 and title 10, United States Code, to allow contracting officers to
		  consider information regarding domestic employment before awarding a Federal
		  contract, and for other purposes.

		1.Short titleThis Act may be cited as the
			 American Jobs Matter Act of
			 2010.
		2.Consideration and
			 verification of information relating to effect on domestic employment of award
			 of Federal contracts
			(a)Civilian agency
			 contractsSection 303A of the
			 Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253a) is
			 amended by adding at the end the following new subsection:

					(f)(1)An executive agency, in
				issuing a solicitation for competitive proposals, shall state in the
				solicitation that the offeror may submit information (in this subsection
				referred to as a jobs impact statement) with its offer related to
				the effects on employment within the United States of the contract if it is
				awarded to the offeror.
						(2)The information that may be included in a
				jobs impact statement may include the following:
							(A)The number of jobs expected to be
				created in the United States, or the number of jobs retained that otherwise
				would be lost, if the contract is awarded to the offeror.
							(B)The number of jobs created or retained
				in the United States by the subcontractors expected to be used by the offeror
				in the performance of the contract.
							(C)A guarantee from the offeror that jobs
				created or retained in the United States will not be moved outside the United
				States after award of the contract.
							(3)The contracting officer may consider
				the information in the jobs impact statement in the evaluation of the offer and
				may request further information from the offeror in order to verify the
				accuracy of any such information submitted.
						(4)The head of each executive agency
				shall submit to Congress an annual report on the frequency of use within the
				agency of jobs impact statements in the evaluation of competitive proposals.
						.
			(b)Defense
			 contractsSection 2305(a) of title 10, United States Code, is
			 amended by adding at the end the following new paragraph:

					(6)(A)The head of an agency,
				in issuing a solicitation for competitive proposals, shall state in the
				solicitation that the offeror may submit information (in this paragraph
				referred to as a jobs impact statement) with its offer related to
				the effects on employment within the United States of the contract if it is
				awarded to the offeror.
						(B)The information that may be included
				in a jobs impact statement may include the following:
							(i)The number of jobs expected to be
				created in the United States, or the number of jobs retained that otherwise
				would be lost, if the contract is awarded to the offeror.
							(ii)The number of jobs created or
				retained in the United States by the subcontractors expected to be used by the
				offeror in the performance of the contract.
							(iii)A guarantee from the offeror that jobs
				created or retained in the United States will not be moved outside the United
				States after award of the contract.
							(C)The contracting officer may consider
				the information in the jobs impact statement in the evaluation of the offer and
				may request further information from the offeror in order to verify the
				accuracy of any such information submitted.
						(D)The Secretary of Defense shall submit
				to Congress an annual report on the frequency of use within the Department of
				Defense of jobs impact statements in the evaluation of competitive proposals.
						.


114 HR 6215 IH: Medicaid Gap Relief Act of 2016
U.S. House of Representatives
2016-09-28
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.

I114th CONGRESS2d SessionH. R. 6215IN THE HOUSE OF REPRESENTATIVESSeptember 28, 2016Mr. Veasey introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to exempt from the individual health insurance mandate
			 certain low-income individuals residing in States that have not elected
			 the Medicaid expansion under the Patient Protection and Affordable Care
			 Act.

 1.Short titleThis Act may be cited as the Medicaid Gap Relief Act of 2016. 2.Exemption from the individual mandate for certain low-income individuals residing in non-Medicaid-expansion States (a)In generalSection 5000A(d) of the Internal Revenue Code of 1986 is amended—
 (1)in paragraph (1), by striking or (4) and inserting (4), or (5), and (2)by adding at the end the following new paragraph:

 (5)Certain low-income individuals in non-Medicaid-expansion StatesSuch term shall not include an individual for any month during which the individual— (A)is described in section 1902(a)(10)(A)(i)(VIII) of the Social Security Act, and
 (B)resides in a State that has not, for such month, made medical assistance available to the individuals described in such section under the State plan under title XIX of such Act (or under a waiver of such plan under section 1115 of such Act)..
 (b)Effective dateThe amendments made by this section shall apply with respect to taxable years beginning after December 31, 2016.


113 HR 4929 IH: Computer Science Career Education Act of 2014
U.S. House of Representatives
2014-06-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4929
		IN THE HOUSE OF REPRESENTATIVES

			June 20, 2014
			Mr. Cárdenas (for himself, Mr. Payne, Mr. Vargas, Mr. Garcia, Mr. Costa, and Mr. Vela) introduced the following bill; which was referred to the Committee on Education and the Workforce

		A BILL
		To establish a grant program for career education in computer science.

		1.Short titleThis Act may be cited as the Computer Science Career Education Act of 2014.
		2.DefinitionsIn this Act:
			(1)Eligible partnershipThe term eligible partnership means a consortium between or among at least 1 local educational agency, at least 1 institution of
			 higher education, and representatives of the community, including
			 nonprofit organizations, local or regional employers (including State
			 agencies) with a documented workforce need in the computer science sector,
			 workforce investment boards or other entities providing employment
			 services, regional economic development organizations, industry
			 associations, representatives of labor organizations, or central labor
			 coalitions, where appropriate, and parents and students.
			(2)Institution of higher educationThe term institution of higher education means—
				(A)an institution of higher education as defined in section 101 of the Higher Education Act of 1965
			 (20 U.S.C. 1001); or
				(B)a postsecondary vocational institution as defined in section 102(c) of the Higher Education Act of
			 1965 (20 U.S.C. 1002(c)).
				(3)Local educational agencyThe term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 7801).
			(4)SecretaryThe term Secretary means the Secretary of Education.
			(5)State educational agencyThe term State educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 7801).
			3.Establishment of grant program
			(a)In generalFrom the amounts appropriated to carry out this section, the Secretary shall award grants, on a
			 competitive basis, to eligible partnerships to enable such partnerships to
			 develop and operate a 4- or 6-year computer science career education
			 program.
			(b)Application
				(1)In generalEach eligible partnership that desires to receive a grant under this Act shall submit an
			 application to the Secretary at such time, in such manner, and containing
			 such information as the Secretary may require.
				(2)ContentEach application submitted under paragraph (1) shall—
					(A)describe the eligible partners and partnership, the roles and responsibilities of each partner, and
			 a demonstration of each partner’s ability to support the proposed program;
					(B)describe how the eligible partnership will implement a computer science career education program,
			 as described in subsection (c);
					(C)ensure funding under the grant program is spent in a coordinated manner with other local resources;
					(D)describe the State or local workforce shortages, as determined by the relevant State agency in
			 charge of workforce data, in the computer science sector;
					(E)make information, including career guidance and advisement resources, available about the program;
					(F)ensure non-duplication of the partnership's development of computer science career education
			 programs;
					(G)ensure equitable access to the program; and
					(H)demonstrate alignment of the partnership's computer science career education program to the State
			 or local computer science sector.
					(c)Content of computer science career education programAn eligible partnership that receives a grant under this Act shall use the grant funds to develop
			 and operate a 4- or 6-year computer science career education program that—
				(1)includes the development of computer science programs for both secondary education and
			 postsecondary education that—
					(A)are aligned with rigorous computer science standards for kindergarten through grade 12 computer
			 science education;
					(B)link secondary schools and institutions of higher education through non-duplicative sequences of
			 courses in computer science career fields, including the investigation of
			 opportunities for secondary students to enroll concurrently in secondary
			 and postsecondary coursework;
					(C)use, if appropriate and available, work-based or worksite learning in conjunction with business;
					(D)use educational technology and distance learning, as appropriate, to involve all of the partners in
			 the eligible partnership more fully in the development and operation of
			 the programs;
					(E)stay current with the needs, expectations, and methods of business; and
					(F)create innovative opportunities for students that lead to student attainment of industry-recognized
			 credentials;
					(2)includes professional development for teachers that—
					(A)is designed to prepare teachers to teach the fundamental concepts of computer science using
			 effective teaching methods for all students;
					(B)provides for joint training for teachers in the eligible partnership, including between secondary
			 and postsecondary teachers and core academic teachers and career and
			 technical education teachers at both the secondary level and postsecondary
			 level;
					(C)is designed to ensure that teachers and administrators are aware of current career pathways and the
			 needs and expectations of business and industry;
					(D)focuses on training postsecondary and secondary education faculty in the use of contextual and
			 applied curricula and instruction; and
					(E)if needed, ensures secondary school teachers are qualified to teach postsecondary courses in the
			 secondary school according to articulation agreements;
					(3)includes career and academic counseling for the students that—
					(A)provides information to students regarding available computer science career education programs;
					(B)supports student progress in completing computer science career education programs;
					(C)provides labor market information on local, State, regional, and national computer science
			 employment opportunities, such as occupation demand, education
			 requirements, and expected compensation; and
					(D)tracks student placement in appropriate employment, or transfer to an institution of higher
			 education; and
					(4)provides equal access to the full range of career education programs, to individuals who are
			 members of underrepresented groups and special populations, including the
			 development of program services appropriate to the needs of special
			 populations.
				(d)Additional authorized activitiesAn eligible partnership that receives a grant under this Act may use the grant funds to—
				(1)provide for the acquisition of computer equipment, software, and software licenses to directly
			 develop and support a computer science program;
				(2)acquire technical assistance from State or local entities that have designed, established, and
			 operated career education programs that have effectively used educational
			 technology and distance learning in the delivery of curricula and services
			 and in the articulation process; and
				(3)establish articulation agreements with institutions of higher education, and cooperative agreements
			 with labor organizations, or business located inside or outside the State
			 and served by the eligible partnership, especially with regard to using
			 distance learning and educational technology to provide for the delivery
			 of services and programs.


109 HR 106 IH: Neighborhood Rail Accountability Act
U.S. House of Representatives
2005-01-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 106
IN THE HOUSE OF REPRESENTATIVES

January 4, 2005
Mr. Gene Green of Texas introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To require the Surface Transportation Board to consider certain issues when deciding whether to authorize the construction of a railroad line.

1.Short titleThis Act may be cited as the Neighborhood Rail Accountability Act.
2.AmendmentSection 10901 of title 49, United States Code, is amended by adding at the end the following new subsections:

(e)In determining whether to issue a certificate authorizing the construction of an additional railroad line, or the construction of an extension to any railroad line, the Board shall give greater weight to local official statements and public comments in opposition to the proposed construction, especially with respect to construction in a residential area, if there is an unusually high level of such public opposition.
(f)Before issuing a certificate under this section authorizing the construction of an additional railroad line, or the construction of an extension to any railroad line, the Board shall identify any disproportionate negative impacts on any socioeconomic population, and shall include a discussion of alternatives that were considered that would have avoided such disproportionate negative impacts.
(g)If the Board receives information indicating that an applicant for a certificate under this section has provided to the Board false information that could materially affect the Board’s determination, the process of considering the application shall be halted until the Board has determined whether such information has been provided, and whether the information was knowingly provided. If the Board determines that such information has been provided unknowingly, the Board shall require the applicant to provide correct information before the process may resume. If the Board determines that such information has been provided knowingly, the Board shall not issue a certificate pursuant to that application..