113 SRES 271 IS: Expressing the sense of the Senate that United States military assistance for Cambodia should be suspended until an independent and credible investigation occurs into the July 28, 2013, parliamentary elections, and election reforms are being implemented by the Government of Cambodia.
U.S. Senate
2013-10-16
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.

III113th CONGRESS1st SessionS. RES. 271IN THE SENATE OF THE UNITED STATESOctober 16, 2013Mr. Graham submitted the following resolution; which was referred to the Committee on Foreign RelationsRESOLUTIONExpressing the sense of the Senate that United States military assistance for Cambodia should be suspended until an independent and credible investigation occurs into the July 28, 2013, parliamentary elections, and election reforms are being implemented by the Government of Cambodia.Whereas independent domestic and international organizations have raised serious concerns regarding the integrity of the parliamentary elections held in Cambodia on July 28, 2013;Whereas, according to Human Rights Watch, the Cambodian government-controlled National Election Committee (NEC) has failed to address credible allegations of voter fraud and other irregularities or systematic unfairness in the election process;Whereas opposition Cambodia National Rescue Party (CNRP) leader Sam Rainsy noted in an October 7, 2013, Cambodia Daily op-ed article that the inaugural meeting of the newly formed government was boycotted by 55 CNRP-elected parliamentarians as a result of the refusal of the ruling Cambodian People's Party to address shocking election irregularities that allegedly denied CNRP additional parliamentary seats;Whereas United Nations’ Special Rapporteur for Human Rights in Cambodia Surya P. Subedi noted that it is critical for the new National Assembly to be represented by the two key parties, for the National Assembly to be truly representative of the whole of the Cambodian people and for it to be concluded that the right to vote was effectively exercised on 28 July;Whereas in a September 23, 2013, statement, the United States Embassy in Phnom Penh, Cambodia, called for a transparent review of irregularities in the July 28 national elections which would help efforts to assess and address flaws in the electoral process and give the Cambodian people greater confidence in the electoral system;Whereas the CNRP boycott calls into question the legitimacy of the Cambodian National Assembly and government; andWhereas the policy of the Administration of a strategic rebalance toward the Asia Pacific Region should include support for democracy, human rights, and justice in Cambodia: Now, therefore, be itThat it is the sense of the Senate that the United States should suspend military assistance for Cambodia until—(1)an independent and credible investigation occurs into the July 28, 2013, parliamentary elections in Cambodia, and any recommendations arising out of such investigation are fully implemented; and(2)the Government of Cambodia, in consultation with civil society and political parties in Cambodia, is implementing election reforms to prevent incidents of fraud and abuse in subsequent national and local elections in Cambodia.


		II
		Calendar No. 116
		112th CONGRESS
		1st Session
		H. R. 1938
		IN THE SENATE OF THE UNITED
		  STATES

			July 27, 2011
			Received; read the first time

			July 28, 2011
			Read the second time and placed on the
			 calendar

		AN ACT
		To direct the President to expedite the
		  consideration and approval of the construction and operation of the Keystone XL
		  oil pipeline, and for other purposes.

		1.Short titleThis Act may be cited as the
			 North American-Made Energy Security
			 Act.
		2.FindingsCongress finds and declares the
			 following:
			(1)The United States
			 currently imports more than half of the oil it consumes, often from countries
			 hostile to United States interests or with political and economic instability
			 that compromises supply security.
			(2)While a
			 significant portion of imports are derived from allies such as Canada and
			 Mexico, the United States remains vulnerable to substantial supply disruptions
			 created by geopolitical tumult in major producing nations.
			(3)Strong increases
			 in oil consumption in the developing world outpace growth in conventional oil
			 supplies, bringing tight market conditions and higher oil prices in periods of
			 global economic expansion or when supplies are threatened.
			(4)The development
			 and delivery of oil and gas from Canada to the United States is in the national
			 interest of the United States in order to secure oil supplies to fill needs
			 that are projected to otherwise be filled by increases in other foreign
			 supplies, notably from the Middle East.
			(5)Continued
			 development of North American energy resources, including Canadian oil,
			 increases domestic refiners’ access to stable and reliable sources of crude and
			 improves certainty of fuel supply for the Department of Defense, the largest
			 consumer of petroleum in the United States.
			(6)Canada and the
			 United States have the world’s largest two-way trading relationship. Therefore,
			 for every United States dollar spent on products from Canada, including oil, 90
			 cents is returned to the United States economy. When the same metrics are
			 applied to trading relationships with some other major sources of United States
			 crude oil imports, returns are much lower.
			(7)The principal
			 choice for Canadian oil exporters is between moving increasing crude oil
			 volumes to the United States or Asia, led by China. Increased Canadian oil
			 exports to China will result in increased United States crude oil imports from
			 other foreign sources, especially the Middle East.
			(8)Increased Canadian
			 crude oil imports into the United States correspondingly reduce the scale of
			 wealth transfers to other more distant foreign sources resulting
			 from the greater cost of importing crude oil from those sources.
			(9)Not only are
			 United States companies major investors in Canadian oil sands, but many United
			 States businesses throughout the country benefit from supplying goods and
			 services required for ongoing Canadian oil sands operations and
			 expansion.
			(10)There has been
			 more than 2 years of consideration and a coordinated review by more than a
			 dozen Federal agencies of the technical aspects and of the environmental,
			 social, and economic impacts of the proposed pipeline project known as the
			 Keystone XL from Hardisty, Alberta, to Steele City, Nebraska, and then on to
			 the United States Gulf Coast through Cushing, Oklahoma.
			(11)Keystone XL
			 represents a high capacity pipeline supply option that could meet early as well
			 as long-term market demand for crude oil to United States refineries, and could
			 also potentially bring over 100,000 barrels per day of United States Bakken
			 crudes to market.
			(12)Completion of the
			 Keystone XL pipeline would increase total Keystone pipeline capacity by 700,000
			 barrels per day to 1,290,000 barrels per day.
			(13)The Keystone XL
			 pipeline would provide short-term and long-term employment opportunities and
			 related labor income benefits, as well as government revenues associated with
			 sales and payroll taxes.
			(14)The earliest
			 possible construction of the Keystone XL pipeline will make the extensive
			 proven and potential reserves of Canadian oil available for United States use
			 and increase United States jobs and will therefore serve the national
			 interest.
			(15)Analysis using
			 the Environmental Protection Agency models shows that the Keystone XL pipeline
			 will result in no significant change in total United States or global
			 greenhouse gas emissions.
			(16)The Keystone XL
			 pipeline would be state-of-the-art and have a degree of safety higher than any
			 other typically constructed domestic oil pipeline system.
			(17)Because of the
			 extensive governmental studies already made with respect to the Keystone XL
			 project and the national interest in early delivery of Canadian oil to United
			 States markets, a decision with respect to a Presidential Permit for the
			 Keystone XL pipeline should be promptly issued without further administrative
			 delay or impediment.
			3.Expedited
			 approval process
			(a)In
			 generalThe President, acting
			 through the Secretary of Energy, shall coordinate with each Federal agency
			 responsible for coordinating or considering an aspect of the President’s
			 National Interest Determination and Presidential Permit decision regarding
			 construction and operation of the Keystone XL pipeline, to ensure that all
			 necessary actions with respect to such decision are taken on an expedited
			 schedule.
			(b)Agency
			 cooperation with Secretary of EnergyEach Federal agency
			 described in subsection (a) shall comply with any deadline established by the
			 Secretary of Energy pursuant to subsection (a).
			(c)Final
			 orderNot later than 30 days after the issuance of the final
			 environmental impact statement, the President shall issue a final order
			 granting or denying the Presidential Permit for the Keystone XL pipeline, but
			 in no event shall such decision be made later than November 1, 2011.
			(d)Environmental
			 reviewNo action by the Secretary of Energy pursuant to this
			 section shall affect any duty or responsibility to comply with any requirement
			 to conduct environmental review.
			(e)Sense of
			 CongressIt is the sense of
			 Congress that the United States must decrease its dependence on oil from
			 countries which are hostile to the interests of the United States. Canada has
			 long been a strong trading partner, and increased access to their energy
			 resources will create jobs in the United States.

			Passed the House of
			 Representatives July 26, 2011.
			Karen L. Haas,
			Clerk


116 S1218 IS: World War I Valor Medals Review Act
U.S. Senate
2019-04-11
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.

		II
		116th CONGRESS1st Session
		S. 1218
		IN THE SENATE OF THE UNITED STATES

			April 11, 2019
			Mr. Van Hollen (for himself, Mr. Blunt, Mr. Scott of South Carolina, Mr. Blumenthal, and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on Armed Services

		A BILL
		To require the review of the service of  certain members of the Armed Forces during World War I to
			 determine if such members should be awarded the Medal of Honor, to
			 authorize the award of the Medal of Honor based on the results of the
			 review, and for other purposes.

		1.Short title
 This Act may be cited as the World War I Valor Medals Review Act.
		2.Review on award of the Medal of Honor to certain
World War I veterans
 (a)Review requiredEach Secretary concerned shall review the service records of each World War I veteran described in subsection (b) under the jurisdiction of such Secretary who is recommended for such review by the Valor Medals Review Task Force referred to in subsection (c), or another veterans service organization, in order to determine whether such veteran should be awarded the Medal of Honor for valor during World War I.
 (b)Covered World War I veteransThe World War I veterans whose service records are to be reviewed under subsection (a) are the following:
 (1)Any African American war veteran, Asian American war veteran, Hispanic American war veteran, Jewish American war veteran, or Native American war veteran who was awarded the Distinguished Service Cross or the Navy Cross for an action that occurred between April 6, 1917, and November 11, 1918.
 (2)Any African American war veteran, Asian American war veteran, Hispanic American war veteran, Jewish American war veteran, or Native American war veteran who was awarded the Croix de Guerre with Palm (that is, awarded at the Army level or above) by the Government of France for an action that occurred between April 6, 1917, and November 11, 1918.
 (3)Any African American war veteran, Asian American war veteran, Hispanic American war veteran, Jewish American war veteran, or Native American war veteran who was recommended for a Medal of Honor for an action that occurred from April 6, 1917, to November 11, 1918.
 (c)ConsultationsIn carrying out the review under subsection (a), each Secretary concerned shall consult at least once each fiscal year quarter with the Valor Medals Review Task Force, jointly established by the United States Foundation for the Commemoration of the World Wars (in consultation with the United States World War One Centennial Commission) and the George S. Robb Centre for the Study of the Great War, and with such other veterans service organizations as such Secretary considers appropriate, until the conclusion of the review.
 (d)Recommendation based on reviewIf a Secretary concerned determines, based upon the review under subsection (a), that the award of the Medal of Honor to a covered World War I veteran is warranted, such Secretary shall submit to the President a recommendation that the President award the Medal of Honor to that veteran.
 (e)Authority To award Medal of HonorThe Medal of Honor may be awarded to a World War I veteran in accordance with a recommendation of a Secretary concerned under subsection (d).
 (f)Waiver of time limitationsAn award of the Medal of Honor may be made under subsection (e) without regard to—
 (1)section 7274 or 8298 of title 10, United States Code, as applicable; and (2)any regulation or other administrative restriction on—
 (A)the time for awarding the Medal of Honor; or (B)the awarding of the Medal of Honor for service for which a Distinguished Service Cross or Navy Cross has been awarded.
					(g)Definitions
 (1)In generalIn this section: (A)The term Secretary concerned means—
 (i)the Secretary of the Army, in the case of members of the Armed Forces who served in the Army between April 6, 1917, and November 11, 1918; and
 (ii)the Secretary of the Navy, in the case of members of the Armed Forces who served in the Navy or the Marine Corps between April 6, 1917, and November 11, 1918.
 (B)The term African American war veteran means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as of African descent on his military personnel records.
 (C)The term Asian American war veteran means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself racially, nationally, or ethnically as originating from a country in Asia on his military personnel records.
 (D)The term Hispanic American war veteran means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself racially, nationally, or ethnically as originating from a country where Spanish is an official language on his military personnel records.
 (E)The term Jewish American war veteran mean any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as Jewish on his military personnel records.
 (F)The term Native American war veteran means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as a member of a federally recognized tribe within the modern territory of the United States on his military personnel records.
 (2)Application of definitions of originIf the military personnel records of a person do not reflect the person's membership in one of the groups identified in subparagraphs (B) through (F) of paragraph (1) but historical evidence exists that demonstrates the person's Jewish faith held at the time of service, or that the person identified himself as of African, Asian, Hispanic, or Native American descent, the person may be treated as being a member of the applicable group by the Secretary concerned (in consultation with the organizations referred to in subsection (c)) for purposes of this section.


111 HR 3027 IH: Predisaster Hazard Mitigation Enhancement Program Act of 2009
U.S. House of Representatives
2009-06-24
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
		111th CONGRESS
		1st Session
		H. R. 3027
		IN THE HOUSE OF REPRESENTATIVES

			June 24, 2009
			Mr. Thompson of
			 Mississippi introduced the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure

		A BILL
		To amend the Robert T. Stafford Disaster Relief and
		  Emergency Assistance Act to establish a grant program for predisaster hazard
		  mitigation enhancement, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Predisaster Hazard Mitigation Enhancement Program Act of
			 2009.
		2.Predisaster
			 hazard mitigation enhancement
			(a)In
			 generalTitle II of the
			 Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131
			 et seq.) is amended—
				(1)by redesignating
			 section 204 as section 205; and
				(2)by inserting after
			 section 203 the following:

						204.Predisaster
				hazard mitigation enhancement
							(a)PurposeThe purpose of this section is to provide
				grants to eligible entities to assist hazard mitigation strategies that save
				lives, improve the structural integrity of property affected by natural
				disasters, and provide hazard mitigation cost savings to the Federal Government
				and States.
							(b)Grants
				authorizedThe President may make grants, on a competitive basis,
				to eligible entities in accordance with this section.
							(c)ApplicationTo
				be eligible for a grant under this section, an eligible entity shall submit an
				application to the President in accordance with regulations issued by the
				President not later than 180 days after the date of enactment of the
				Predisaster Hazard Mitigation Enhancement Program Act of 2009.
							(d)Grant
				UsesA grant made under this section may be used only for the
				following:
								(1)To assist
				predisaster hazard mitigation improvements to residential property that is
				valued at an amount not exceeding $250,000.
								(2)To assist predisaster hazard mitigation
				improvements to business property that is owned or leased and operated by a
				small business concern and that is valued at an amount not exceeding
				$500,000.
								(3)To assist predisaster hazard mitigation
				improvements to residential rental property that is valued at an amount not
				exceeding the product of the total number of residential rental dwelling units
				in such property and $250,000.
								(e)Annual
				adjustment of amountsThe President shall adjust annually the
				amounts under subsection (d) to account for changes occurring in the preceding
				12-month period in the Consumer Price Index for All Urban Consumers (United
				States City Average) published by the Bureau of Labor Statistics of the
				Department of Labor.
							(f)Minimum
				standardsAn eligible entity that receives a grant under this
				section shall carry out any repair, construction, renovation, or retrofit
				assisted by such grant in accordance with the following:
								(1)Applicable
				standards of safety and sanitation.
								(2)Applicable codes,
				specifications, and standards of the International Building Code of the
				International Code Council or the NFPA 5000: Building Construction and Safety
				Code of the National Fire Protection Association.
								(3)Safe land use and
				construction practice standards that may be issued by the President after
				consultation with appropriate State officials.
								(g)Federal
				shareThe Federal share of the cost of mitigation activities
				carried out using amounts from a grant made under this section shall not exceed
				75 percent of the cost of the activities. If prior approval by the President is
				received, the value of in-kind contributions may be credited toward the
				non-Federal share of the cost of the activities.
							(h)Allocation of
				amountsOf the amounts appropriated for making grants under this
				section in a fiscal year, the President shall—
								(1)require eligible
				entities to allocate—
									(A)50 percent of
				grant amounts to programs that address the mitigation needs of single family
				housing units;
									(B)30 percent of
				grant amounts to programs that address the mitigation needs of multi-family
				housing units and residential rental dwelling units; and
									(C)20 percent of
				grant amounts to programs that address the mitigation needs of small
				businesses; and
									(2)allocate not less
				than 60 percent of all such amounts to mitigation programs relating to
				hurricanes.
								(i)Coastal Barrier
				Resources SystemGrants made under this section may not be used
				for projects located in the Coastal Barrier Resources System established under
				section 4 of the Coastal Barrier Resources Act (16 U.S.C. 3503).
							(j)DefinitionsIn this section, the following definitions
				apply:
								(1)Eligible
				entityThe term eligible entity means any of the 50
				States, the District of Columbia, any federally recognized Indian tribe, and
				any territory or possession of the United States that—
									(A)has an approved
				mitigation plan under section 322;
									(B)implements public
				awareness campaigns to encourage improvements to structures to mitigate hazards
				relating to natural disasters;
									(C)takes steps to
				encourage mitigation actions with respect to repetitive loss structures within
				the jurisdiction of such entity; and
									(D)if such entity has a State residual market,
				excludes from such State residual market any property located in the Coastal
				Barrier Resources System established under section 4 of the Coastal Barrier
				Resources Act (16 U.S.C. 3503).
									(2)Natural
				disasterThe term natural disaster has the meaning
				given such term under section 602.
								(3)PresidentThe
				term President means the President, acting through the
				Administrator of the Federal Emergency Management Agency.
								(4)Repetitive loss
				structureThe term repetitive loss structure has the
				meaning given such term under section 1370 of the National Flood Insurance Act
				of 1968 (42 U.S.C. 4121).
								(5)State Residual
				MarketThe term State residual market means a State
				plan that has established a reinsurance fund or has authorized the operation of
				a State residual insurance market entity or any State-sponsored provider of
				natural catastrophe insurance.
								(k)Authorization of
				appropriationsThere is authorized to be appropriated to carry
				out this section $100,000,000 for each of fiscal years 2010 through
				2014.
							.
				(b)State homeowner
			 mitigation program supportSection 203(e)(1)(B) of such Act (42 U.S.C.
			 5133(e)(1)(B)) is amended—
				(1)at the end of
			 clause (ii) by striking or;
				(2)at the end of
			 clause (iii) by striking the period and inserting ; or;
			 and
				(3)by adding at the
			 end the following:

						(iv)to support State programs that provide
				grants or loans to low income homeowners for use with respect to a primary
				residence for wind and flood inspections and for implementation of hazard
				mitigation
				improvements.
						.
				(c)Cooperative
			 storm buffer improvement studyThe Administrator of the Federal
			 Emergency Management Agency shall enter into appropriate arrangements with the
			 National Academy of Sciences, or a similar organization, to examine methods to
			 coordinate the functions of man-made storm buffers and natural storm buffers.
			 The study shall include an examination of large coastal communities and
			 smaller, high-priority, natural storm buffer communities.


117 S60 IS: Immigration Detainer Enforcement Act of 2021
U.S. Senate
2021-01-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 60IN THE SENATE OF THE UNITED STATESJanuary 27, 2021Mr. Tillis (for himself, Mr. Grassley, Ms. Ernst, Mr. Inhofe, Mr. Rounds, Mr. Moran, Mr. Hawley, and Mr. Daines) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo provide for the effective use of immigration detainers to enhance public safety.1.Short title; table of contents(a)Short titleThis Act may be cited as the Immigration Detainer Enforcement Act of 2021.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Sense of Congress.Sec. 3. Purpose.Sec. 4. Immigration detainer authorities of the Department of Homeland Security.Sec. 5. Effective coordination with State, tribal, and local law enforcement agencies.Sec. 6. Compensating States for detaining criminal aliens.Sec. 7. Priority for distributing Federal funding and property to State and local law enforcement.2.Sense of CongressIt is the sense of Congress that—(1)the removal of criminal aliens promotes public safety, national security, border security, and the integrity of the immigration system;(2)detainers have proven to be a useful law enforcement tool that serve to expedite and improve the efficiency of the removal process by enabling the Department of Homeland Security to assume custody in a timely manner of aliens in the custody of Federal, State, tribal, or local law enforcement agencies; and(3)several States and localities have limited their cooperation with immigration detainers issued by the Department of Homeland Security and limited the Department of Homeland Security’s access to information regarding the release of criminal aliens in their custody, which has resulted in the release of dangerous criminal aliens into local communities.3.PurposeThe purposes of this Act are—(1)to limit recidivist criminal activity through the removal of criminal aliens released from Federal, State, tribal, or local custody;(2)to facilitate cooperation between Federal, State, tribal, and local law enforcement agencies with regard to immigration enforcement and information sharing; and(3)to limit the burden on Federal, State, tribal, and local law enforcement agencies that cooperate with the Department of Homeland Security in its prioritized immigration enforcement.4.Immigration detainer authorities of the Department of Homeland SecuritySection 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended—(1)in subsection (a)—(A)in the matter preceding paragraph (1), by striking the Service authorized under regulations prescribed by the Attorney General and inserting the Department of Homeland Security authorized under regulations prescribed by the Secretary of Homeland Security;(B)by inserting or her after his each place such term appears;(C)in paragraph (2), by striking and is likely to escape before a warrant can be obtained for his arrest; and(D)in the undesignated matter following paragraph (5)—(i)by striking Attorney General each place such term appears and inserting Secretary of Homeland Security; and(ii)by striking Service each place such term appears and inserting Department of Homeland Security; and(2)by amending subsection (d) to read as follows:(d)Detainer of criminal aliens(1)In generalIf an individual is arrested by a Federal, State, tribal, or local law enforcement official for a violation of any criminal law, the Secretary of Homeland Security (or his or her designee) may issue a detainer to the arresting agency if there is reason to believe the individual is an alien who may be removable from the United States. Notwithstanding any other provision of law, no court shall have jurisdiction to review the discretionary decision or action by the Secretary of Homeland Security (or his or her designee) to issue a detainer under this paragraph.(2)Transfer of custodyUpon the issuance of a detainer by the Secretary of Homeland Security (or his or her designee) with respect to an alien described in paragraph (1), the arresting Federal, State, tribal, or local law enforcement agency is authorized to maintain custody of the alien for a period not to exceed 48 hours in order to transfer custody of the alien to the Department of Homeland Security.(3)Indemnification(A)In generalUnder such regulations as the Secretary of Homeland Security shall prescribe, the Secretary (or his or her designee) may enter into agreements with State, tribal, and local law enforcement agencies to indemnify such agencies against claims (including reasonable expenses of litigation or settlement) by third parties for wrongful detention resulting from detainers issued without reason to believe that the individual is an alien who may be removable from the United States.(B)LimitationIndemnification under subparagraph (A) does not extend to claims relating to the negligence or willful misconduct of a Federal, State, tribal, or local law enforcement agency or the conditions of detention in the facility used by such agency to detain the individual subject to the detainer.(C)Additional conditionsEach indemnification agreement entered into pursuant to subparagraph (A) shall—(i)require the State, tribal, or local law enforcement agency to notify the United States Government of any suit or claim against such agency for wrongful detention;(ii)authorize the United States Government, at its elections, to control or assist in the defense of such suit or claim; and(iii)limit the amount of indemnification to a sum certified by the Secretary (or his or her designee) that is just and reasonable..5.Effective coordination with State, tribal, and local law enforcement agencies(a)In generalSection 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended to read as follows:642.Communication and cooperation between government agencies and the Department of Homeland Security(a)In generalNotwithstanding any other provision of Federal, State, tribal, or local law, a Federal, State, tribal, or local government entity or official may not prohibit, or restrict in any way, any government entity or official from sending to, or receiving from, the Department of Homeland Security information regarding the citizenship or immigration status (lawful or unlawful) of any individual.(b)Additional authority of government entitiesNotwithstanding any other provision of Federal, State, tribal, or local law, no person or agency may prohibit, or restrict in any way, a Federal, State, tribal, or local government entity from—(1)sending information regarding the citizenship or immigration status (lawful or unlawful) of any individual to, or requesting or receiving such information from, the Department of Homeland Security;(2)exchanging citizenship or immigration status information described in paragraph (1) with any other Federal, State, tribal, or local government entity;(3)providing the Department of Homeland Security with access to information in Federal, State, tribal, or local government databases regarding individuals with respect to whom a detainer has been issued, including when such individuals will be released from criminal custody; or(4)maintaining custody of an individual pursuant to section 287(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(2)).(c)Obligation To respond to inquiriesThe Secretary of Homeland Security shall respond to an inquiry by a Federal, State, tribal, or local government agency that seeks to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information..(b)Clerical amendmentThe table of contents for the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1101 note) is amended by amending the item relating to 642 to read as follows:Sec. 642. Communication and cooperation between government agencies and the Department of Homeland
 Security..6.Compensating States for detaining criminal aliensSection 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended to read as follows:(i)Incarceration or detention(1)Defined termIn this subsection, the term undocumented criminal alien means an alien who—(A)has been convicted of a felony or of two or more misdemeanors; and(B)(i)entered the United States without inspection or at any time or place other than as designated by the Secretary of Homeland Security;(ii)was the subject of exclusion, deportation, or removal proceedings at the time the alien was taken into custody by the State or a political subdivision of the State; or(iii)(I)was admitted as a nonimmigrant; and(II)at the time the alien was taken into custody by the State or a political subdivision of the State—(aa)failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248; or(bb)failed to comply with the conditions of any such status.(2)In generalIf the governor of a State (or, if appropriate, the chief executive officer of a political subdivision of the State), exercising authority with respect to the incarceration or detention of an undocumented criminal alien, submits a written request to the Attorney General, the Attorney General may—(A)enter into a contractual arrangement providing for compensation to the State or a political subdivision of the State, as may be appropriate, with respect to the incarceration or detention of the undocumented criminal alien; or(B)take the undocumented criminal alien into the custody of the Federal Government and incarcerate or detain the alien.(3)Detention securityIn carrying out paragraph (2), the Attorney General shall—(A)give priority to the Federal incarceration of undocumented criminal aliens who have committed aggravated felonies; and(B)ensure that undocumented criminal aliens incarcerated or detained in Federal facilities pursuant to this subsection are held in facilities that provide a level of security appropriate to the crimes for which they were charged or convicted.(4)Amount of compensation(A)In generalCompensation provided for each day an undocumented criminal alien is detained by a State or a political subdivision of a State pursuant to a contract under paragraph (2)(A) shall be equal to the average daily cost of incarceration or detention of a prisoner in the relevant State, as determined by the Attorney General.(B)Certification requirement(i)In generalThe Secretary of Homeland Security shall—(I)promulgate regulations establishing detainer compliance criteria; and(II)periodically submit a certification to the Attorney General that identifies which States and political subdivisions of a State have not complied with detainer requests received from the Department of Homeland Security.(ii)Funding limitationFunds may only be provided to States and political subdivisions of States under this subsection that—(I)are not identified in a certification described in clause (i)(II); and(II)are cooperating with the Secretary with respect to each detainer lodged against an individual in the custody of the State or political subdivision of the State in accordance with section 287(d) and the regulations promulgated pursuant to clause (i)(I).(C)Effect of noncomplianceAny State or political subdivision of a State that fails to substantially comply with detainers issued by the Department of Homeland Security shall be ineligible for any funding under this subsection during the fiscal year in which such failure occurs.(5)Authorization of appropriations(A)In generalThere are authorized to be appropriated to carry out this subsection—(i)$750,000,000 for fiscal year 2021;(ii)$850,000,000 for fiscal year 2022; and(iii)$950,000,000 for each of the fiscal years 2023 through 2027.(B)LimitationAmounts appropriated pursuant to subparagraph (A) that are distributed to a State or a political subdivision of a State may only be used for correctional purposes..7.Priority for distributing Federal funding and property to State and local law enforcement(a)Annual certificationThe Secretary of Homeland Security shall annually submit a written certification to the Attorney General that identifies the States and units of local government that are not complying with detainers issued pursuant to section 287(d) of the Immigration and Nationality Act (8 U.S.C. 1357(d)).(b)Priority for compliant jurisdictionsThe Attorney General shall give priority to the jurisdictions that are not listed in the certification described in subsection (a) when selecting recipients of—(1)funding from the Edward Byrne Memorial Justice Assistance Grant Program authorized under title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.);(2)excess Federal equipment purchased pursuant to section 281 of title 10, United States Code (commonly referred to as the 1122 Program); and(3)excess Federal property transferred pursuant to section 2576a of title 10, United States Code (commonly referred to as the 1033 Program).


		I
		111th CONGRESS
		1st Session
		H. R. 2014
		IN THE HOUSE OF REPRESENTATIVES

			April 21, 2009
			Ms. Ros-Lehtinen (for
			 herself, Mrs. Davis of California,
			 Mr. Bartlett,
			 Mrs. Blackburn,
			 Mr. Boozman,
			 Mr. Boswell,
			 Mr. Conaway,
			 Mr. McCarthy of California,
			 Mr. Ortiz,
			 Mr. Ryan of Ohio,
			 Mrs. Tauscher,
			 Mr. Edwards of Texas,
			 Mr. Lamborn,
			 Mr. Luetkemeyer,
			 Mrs. Maloney,
			 Mrs. McMorris Rodgers,
			 Mr. Moore of Kansas,
			 Mr. Snyder,
			 Ms. Bordallo,
			 Mr. LoBiondo,
			 Mr. Massa,
			 Mr. Stearns,
			 Mr. McCaul,
			 Mr. Thornberry,
			 Mr. Gohmert,
			 Ms. Castor of Florida,
			 Ms. Berkley,
			 Mrs. Capps,
			 Mr. Hastings of Florida,
			 Ms. Kaptur,
			 Mr. Kline of Minnesota,
			 Mr. Kissell,
			 Mr. Rooney,
			 Mr. Spratt,
			 Mrs. Kirkpatrick of Arizona,
			 Ms. Jackson-Lee of Texas,
			 Mr. Buchanan,
			 Mr. Calvert,
			 Mr. Wilson of South Carolina,
			 Mr. Wolf, Mr. Alexander, Mr.
			 Turner, Mr. Smith of
			 Texas, Mr. Hinojosa,
			 Mr. Sam Johnson of Texas,
			 Ms. Pingree of Maine,
			 Mr. Scalise,
			 Ms. Woolsey,
			 Mr. Blumenauer,
			 Ms. Titus,
			 Mr. Filner,
			 Ms. Tsongas,
			 Mr. Hall of Texas,
			 Mr. McGovern,
			 Ms. Eshoo,
			 Mrs. Myrick,
			 Mr. Connolly of Virginia,
			 Mr. Bishop of New York,
			 Mr. Young of Florida,
			 Mr. Rothman of New Jersey,
			 Mrs. Capito,
			 Ms. DeLauro,
			 Mr. Klein of Florida,
			 Mr. Rogers of Alabama,
			 Mr. Rogers of Michigan,
			 Mr. Roe of Tennessee,
			 Ms. Fallin,
			 Mr. Mario Diaz-Balart of Florida,
			 Mr. Brady of Texas,
			 Mrs. Biggert,
			 Mr. Serrano,
			 Mr. Shimkus,
			 Mr. Duncan,
			 Mr. Campbell,
			 Mr. Brown of South Carolina,
			 Mr. Bilirakis,
			 Ms. Harman,
			 Mrs. Emerson,
			 Mr. Bonner,
			 Ms. Ginny Brown-Waite of Florida,
			 Ms. Eddie Bernice Johnson of Texas,
			 Ms. Edwards of Maryland,
			 Mr. Manzullo,
			 Mr. Payne,
			 Mr. Reichert,
			 Mr. Mack, Mr. Weiner, Mr.
			 Crenshaw, Mr. Schock,
			 Mr. Lee of New York,
			 Mr. Sherman,
			 Mr. Upton,
			 Mr. Clay, Mr. Schiff, Mr.
			 Gonzalez, Mr. Sablan,
			 Mr. Marchant,
			 Ms. Granger,
			 Mr. Shuler,
			 Ms. Lee of California,
			 Mr. Bishop of Georgia,
			 Ms. Loretta Sanchez of California,
			 Mr. Ehlers,
			 Mr. Cummings,
			 Ms. Kilpatrick of Michigan,
			 Mr. Cleaver,
			 Mr. Young of Alaska,
			 Mr. Wexler,
			 Mr. McKeon,
			 Ms. Sutton,
			 Mr. Radanovich,
			 Mr. Patrick J. Murphy of Pennsylvania,
			 Mr. Tanner,
			 Mr. McClintock,
			 Mr. Abercrombie,
			 Ms. Zoe Lofgren of California,
			 Mr. Meek of Florida,
			 Mr. Sestak,
			 Mr. Neal of Massachusetts,
			 Ms. Moore of Wisconsin,
			 Mrs. Christensen,
			 Mr. Sessions,
			 Ms. Corrine Brown of Florida,
			 Mr. Culberson,
			 Mr. Reyes,
			 Mr. Rodriguez,
			 Mr. Oberstar,
			 Ms. Linda T. Sánchez of California,
			 Mr. Cardoza,
			 Mr. Fattah,
			 Mr. Gutierrez,
			 Mr. Tim Murphy of Pennsylvania,
			 Ms. Herseth Sandlin,
			 Mr. Adler of New Jersey,
			 Mr. Wu, Mr. Israel, Mr.
			 Chaffetz, Mr. Scott of
			 Virginia, Mr. Sullivan,
			 Mr. Dreier,
			 Mr. Smith of New Jersey,
			 Mr. Marshall,
			 Mr. Costello,
			 Mr. Lance,
			 Ms. Schakowsky,
			 Mr. Barrow,
			 Mrs. Bono Mack,
			 Mr. Pierluisi,
			 Mr. Carter,
			 Mr. Olver,
			 Mr. Moran of Kansas,
			 Mr. Cao, Ms. Matsui, Mr.
			 Faleomavaega, Mr. Moran of
			 Virginia, Mrs. Lummis, and
			 Mr. Aderholt) introduced the following
			 bill; which was referred to the Committee
			 on Financial Services, and in addition to the Committee on
			 House Administration, 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 award a congressional gold medal to the Women Airforce
		  Service Pilots (WASP).

		1.FindingsThe Congress finds that—
			(1)the Women Airforce
			 Service Pilots of WWII, known as the WASP, were the first women
			 in history to fly American military aircraft;
			(2)more than 60 years
			 ago, they flew fighter, bomber, transport, and training aircraft in defense of
			 America's freedom;
			(3)they faced
			 overwhelming cultural and gender bias against women in nontraditional roles and
			 overcame multiple injustices and inequities in order to serve their
			 country;
			(4)through their
			 actions, the WASP eventually were the catalyst for revolutionary reform in the
			 integration of women pilots into the Armed Services;
			(5)during the early
			 months of World War II, there was a severe shortage of combat pilots;
			(6)Jacqueline
			 Cochran, America’s leading woman pilot of the time, convinced General Hap
			 Arnold, Chief of the Army Air Forces, that women, if given the same training as
			 men, would be equally capable of flying military aircraft and could then take
			 over some of the stateside military flying jobs, thereby releasing hundreds of
			 male pilots for combat duty;
			(7)the severe loss of
			 male combat pilots made the necessity of utilizing women pilots to help in the
			 war effort clear to General Arnold, and a women's pilot training program was
			 soon approved;
			(8)it was not until
			 August 1943, that the women aviators would receive their official name;
			(9)General Arnold
			 ordered that all women pilots flying military aircraft, including 28 civilian
			 women ferry pilots, would be named WASP, Women Airforce Service
			 Pilots;
			(10)more than 25,000
			 American women applied for training, but only 1,830 were accepted and took the
			 oath;
			(11)exactly 1,074 of
			 those trainees successfully completed the 21 to 27 weeks of Army Air Force
			 flight training, graduated, and received their Army Air Force orders to report
			 to their assigned air base;
			(12)on November 16,
			 1942, the first class of 29 women pilots reported to the Houston, Texas
			 Municipal Airport and began the same military flight training as the male Army
			 Air Force cadets were taking;
			(13)due to a lack of
			 adequate facilities at the airport, 3 months later the training program was
			 moved to Avenger Field in Sweetwater, Texas;
			(14)WASP were
			 eventually stationed at 120 Army air bases all across America;
			(15)they flew more
			 than 60,000,000 miles for their country in every type of aircraft and on every
			 type of assignment flown by the male Army Air Force pilots, except
			 combat;
			(16)WASP assignments
			 included test piloting, instructor piloting, towing targets for air-to-air
			 gunnery practice, ground-to-air anti-aircraft practice, ferrying, transporting
			 personnel and cargo (including parts for the atomic bomb), simulated strafing,
			 smoke laying, night tracking, and flying drones;
			(17)in October 1943,
			 male pilots were refusing to fly the B–26 Martin Marauder (known as the
			 Widowmaker) because of its fatality records, and General Arnold
			 ordered WASP Director, Jacqueline Cochran, to select 25 WASP to be trained to
			 fly the B–26 to prove to the male pilots that it was safe to fly;
			(18)during the
			 existence of the WASP—
				(A)38 women lost
			 their lives while serving their country;
				(B)their bodies were
			 sent home in poorly crafted pine boxes;
				(C)their burial was
			 at the expense of their families or classmates;
				(D)there were no gold
			 stars allowed in their parents’ windows; and
				(E)because they were
			 not considered military, no American flags were allowed on their
			 coffins;
				(19)in 1944, General
			 Arnold made a personal request to Congress to militarize the WASP, and it was
			 denied;
			(20)on December 7,
			 1944, in a speech to the last graduating class of WASP, General Arnold said,
			 “You and more than 900 of your sisters have shown you can fly wingtip to
			 wingtip with your brothers. I salute you … We of the Army Air Force are proud
			 of you. We will never forget our debt to you.”;
			(21)with victory in
			 WWII almost certain, on December 20, 1944, the WASP were quietly and
			 unceremoniously disbanded;
			(22)there were no
			 honors, no benefits, and very few thank you's;
			(23)just as they had
			 paid their own way to enter training, they had to pay their own way back home
			 after their honorable service to the military;
			(24)the WASP military
			 records were immediately sealed, stamped classified or
			 secret, and filed away in Government archives, unavailable to
			 the historians who wrote the history of WWII or the scholars who compiled the
			 history text books used today, with many of the records not declassified until
			 the 1980s;
			(25)consequently, the
			 WASP story is a missing chapter in the history of the Air Force, the history of
			 aviation, and the history of the United States of America;
			(26)in 1977, 33 years
			 after the WASP were disbanded, the Congress finally voted to give the WASP the
			 veteran status they had earned, but these heroic pilots were not invited to the
			 signing ceremony at the White House, and it was not until 7 years later that
			 their medals were delivered in the mail in plain brown envelopes;
			(27)in the late
			 1970s, more than 30 years after the WASP flew in World War II, women were
			 finally permitted to attend military pilot training in the United States Armed
			 Forces;
			(28)thousands of
			 women aviators flying support aircraft have benefitted from the service of the
			 WASP and followed in their footsteps;
			(29)in 1993, the WASP
			 were once again referenced during congressional hearings regarding the
			 contributions that women could make to the military, which eventually led to
			 women being able to fly military fighter, bomber, and attack aircraft in
			 combat;
			(30)hundreds of
			 United States servicewomen combat pilots have seized the opportunity to fly
			 fighter aircraft in recent conflicts, all thanks to the pioneering steps taken
			 by the WASP;
			(31)the WASP have
			 maintained a tight-knit community, forged by the common experiences of serving
			 their country during war;
			(32)as part of their
			 desire to educate America on the WASP history, WASP have assisted Wings
			 Across America, an organization dedicated to educating the American
			 public, with much effort aimed at children, about the remarkable
			 accomplishments of these WWII veterans; and
			(33)the WASP have
			 been honored with exhibits at numerous museums, to include—
				(A)the Smithsonian
			 Institution, Washington, DC;
				(B)the Women in
			 Military Service to America Memorial at Arlington National Cemetery, Arlington,
			 Virginia;
				(C)the National
			 Museum of the United States Air Force, Wright Patterson Air Force Base,
			 Ohio;
				(D)the National WASP
			 WWII Museum, Sweetwater, Texas;
				(E)the 8th Air Force
			 Museum, Savannah, Georgia;
				(F)the Lone Star
			 Flight Museum, Galveston, Texas;
				(G)the American
			 Airpower Museum, Farmingdale, New York;
				(H)the Pima Air
			 Museum, Tucson, Arizona;
				(I)the Seattle Museum
			 of Flight, Seattle, Washington;
				(J)the March Air
			 Museum, March Reserve Air Base, California; and
				(K)the Texas State
			 History Museum, Austin, Texas.
				2.Congressional
			 Gold Medal
			(a)Award
			 authorizedThe President pro tempore of the Senate and the
			 Speaker of the House of Representatives shall make appropriate arrangements for
			 the award, on behalf of the Congress, of a single gold medal of appropriate
			 design in honor of the Women Airforce Service Pilots (WASP) collectively, in
			 recognition of their pioneering military service and exemplary record, which
			 forged revolutionary reform in the Armed Forces of the United States of
			 America.
			(b)Design and
			 strikingFor the purposes of the award referred to in subsection
			 (a), the Secretary of the Treasury (hereafter in this Act referred to as the
			 Secretary) shall strike the gold medal with suitable emblems,
			 devices, and inscriptions, to be determined by the Secretary.
			(c)Smithsonian
			 Institution
				(1)In
			 generalFollowing the award of the gold medal in honor of the
			 Women Airforce Service Pilots, the gold medal shall be given to the Smithsonian
			 Institution, where it will be displayed as appropriate and made available for
			 research.
				(2)Sense of the
			 CongressIt is the sense of the Congress that the Smithsonian
			 Institution shall make the gold medal received under this Act available for
			 display elsewhere, particularly at other locations associated with the
			 WASP.
				3.Duplicate
			 medalsUnder such regulations
			 as the Secretary may prescribe, the Secretary may strike and sell duplicates in
			 bronze of the gold medal struck under this Act, at a price sufficient to cover
			 the costs of the medals, including labor, materials, dyes, use of machinery,
			 and overhead expenses.
		4.National
			 medalsMedals struck pursuant
			 to this Act are national medals for purposes of chapter 51 of title 31, United
			 States Code.
		5.Authorization of
			 appropriations; proceeds of sale
			(a)Authorization of
			 appropriationsThere is authorized to be charged against the
			 United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to
			 pay for the cost of the medal authorized under section 2.
			(b)Proceeds of
			 saleAmounts received from the sale of duplicate bronze medals
			 under section 3 shall be deposited in the United States Mint Public Enterprise
			 Fund.


110 HR 4545 IH: Drug Sentencing Reform and Cocaine

U.S. House of Representatives
2007-12-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 4545
		IN THE HOUSE OF REPRESENTATIVES

			December 13, 2007
			Ms. Jackson-Lee of
			 Texas (for herself, Mr.
			 Clyburn, Mr. Shays,
			 Mr. Lewis of Georgia,
			 Mr. Towns,
			 Mr. Davis of Illinois,
			 Mr. Scott of Georgia,
			 Mr. Jefferson,
			 Mr. Wynn, Mr. Ellison, Ms.
			 Lee, Mr. Serrano,
			 Mr. Rush, Ms. Norton, Mr.
			 Brady of Pennsylvania, Mr.
			 Cummings, Mr. Fattah,
			 Mr. Grijalva,
			 Mrs. Christensen,
			 Ms. Clarke,
			 Mr. Bishop of Georgia,
			 Mr. Payne,
			 Mr. Meeks of New York, and
			 Mr. Cohen) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary, and in addition to the Committee on
			 Energy and Commerce, 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 target cocaine kingpins and address sentencing
		  disparity between crack and powder cocaine.

		1.Short titleThis Act may be cited as the
			 Drug Sentencing Reform and Cocaine
			 Kingpin Trafficking Act of 2007.
		2.FindingsCongress finds the following:
			(1)Cocaine base
			 (commonly known as crack cocaine) is made by dissolving cocaine
			 hydrochloride (commonly known as powder cocaine) in a solution
			 of sodium bicarbonate (or a similar agent) and water. Therefore, crack and
			 powder cocaine are simply different forms of the same substance and all crack
			 cocaine originates as powder cocaine.
			(2)The physiological
			 and psychotropic effects of cocaine are similar regardless of whether it is in
			 the form of cocaine base (crack) or cocaine hydrochloride (powder).
			(3)One of the
			 principal objectives of the Anti-Drug Abuse Act of 1986, which established
			 different mandatory minimum penalties for different drugs, was to target
			 Federal law enforcement and prosecutorial resources on serious and major drug
			 traffickers.
			(4)In 1986, Congress
			 linked mandatory minimum penalties to different drug quantities, which were
			 intended to serve as proxies for identifying offenders who were
			 serious traffickers (managers of retail drug trafficking) and
			 major traffickers (manufacturers or the kingpins who headed drug
			 organizations).
			(5)Although drug
			 purity and individual tolerance vary, making it difficult to state with
			 specificity the individual dose of each form of cocaine, 5 grams of powder
			 cocaine generally equals 25 to 50 individual doses and 500 grams of powder
			 cocaine generally equals 2,500 to 5,000 individual doses, while 5 grams of
			 crack cocaine generally equals 10 to 50 individual doses (or enough for a heavy
			 user to consume in one weekend) and 500 grams of crack cocaine generally equals
			 100 to 500 individual doses.
			(6)In
			 part because Congress believed that crack cocaine had unique properties that
			 made it instantly addictive, the Anti-Drug Abuse Act of 1986 established an
			 enormous disparity (a 100 to 1 powder-to-crack ratio) in the quantities of
			 powder and crack cocaine that trigger 5- and 10-year mandatory minimum
			 sentences. This disparity permeates the Sentencing Guidelines.
			(7)Congress also
			 based its decision to establish the 100 to 1 quantity ratio on the beliefs
			 that—
				(A)crack cocaine
			 distribution and use was associated with violent crime to a much greater extent
			 than was powder cocaine;
				(B)prenatal exposure
			 to crack cocaine was particularly devastating for children of crack
			 users;
				(C)crack use was
			 particularly prevalent among young people; and
				(D)crack cocaine’s
			 potency, low cost and ease of distribution and use were fueling its widespread
			 use.
				(8)As a result, it
			 takes 100 times more powder cocaine than crack cocaine to trigger the 5- and
			 10-year mandatory minimum sentences. While it takes 500 grams of powder cocaine
			 to trigger the 5-year mandatory minimum sentence, it takes just 5 grams of
			 crack cocaine to trigger that sentence. Similarly, while it takes 5 kilograms
			 of powder cocaine to trigger the 10-year mandatory minimum sentence, 50 grams
			 of crack cocaine will trigger the same sentence.
			(9)Most of the
			 assumptions on which the current penalty structure was based have turned out to
			 be unfounded.
			(10)Studies comparing
			 usage of powder and crack cocaine have shown that there is little difference
			 between the 2 forms of the drug and fundamentally undermine the current
			 quantity-based sentencing disparity. More specifically, the studies have shown
			 the following:
				(A)Both forms of
			 cocaine cause identical effects, although crack is smoked, while powder cocaine
			 is typically snorted. Epidemiological data show that smoking a drug delivers it
			 to the brain more rapidly, which increases likelihood of addiction. Therefore,
			 differences in the typical method of administration of the two forms of the
			 drug, and not differences in the inherent properties of the two forms of the
			 drug, make crack cocaine potentially more addictive to typical users than
			 powder cocaine. Both forms of the drug are addictive, however, and the
			 treatment protocol for the drug is the same regardless of the form of the drug
			 the patient has used;
				(B)Violence committed
			 by crack users is relatively rare, and overall violence has decreased for both
			 powder and crack cocaine offenses. Almost all crack-related violence is
			 systemic violence that occurs within the drug distribution process. Sentencing
			 enhancements are better suited to punish associated violence, which are
			 separate, pre-existing crimes in and of themselves;
				(C)The negative
			 effects of prenatal exposure to crack cocaine were vastly overstated. They are
			 identical to the effects of prenatal exposure to powder cocaine and do not
			 serve as a justification for the sentencing disparity between crack and
			 powder;
				(D)Although Congress
			 in the mid-1980s was understandably concerned that the low-cost and potency of
			 crack cocaine would fuel an epidemic of use by minors, the epidemic of crack
			 cocaine use by young people never materialized to the extent feared. In fact,
			 in 2005, the rate of powder cocaine use among young adults was almost 7 times
			 as high as the rate of crack cocaine use. Furthermore, sentencing data suggest
			 that young people do not play a major role in crack cocaine trafficking at the
			 Federal level;
				(E)The current 100:1
			 penalty structure undermines various congressional objectives set forth in the
			 Anti-Drug Abuse Act of 1986. Data collected by the United States Sentencing
			 Commission show that federal resources have been targeted at offenders who are
			 subject to the mandatory minimum sentences, which sweep in low-level crack
			 cocaine users and dealers.
				(11)In 1988, Congress
			 set a mandatory minimum sentence for mere possession of crack cocaine, the only
			 controlled substance for which there is a mandatory minimum sentence for simple
			 possession for a first-time offender.
			(12)Major drug
			 traffickers and kingpins traffic in powder, not crack.
			(13)Contrary to
			 Congress’s objective of focusing Federal resources on drug kingpins, the
			 majority of Federal powder and crack cocaine offenders are those who perform
			 low level functions in the supply chain.
			(14)As a result of
			 the low-level drug quantities that trigger lengthy mandatory minimum penalties
			 for crack cocaine, the concentration of lower level Federal offenders is
			 particularly pronounced among crack cocaine offenders, more than half of whom
			 were street level dealers in 2005.
			(15)The Departments
			 of Justice, Treasury, and Homeland Security are the agencies with the greatest
			 capacity to investigate, prosecute and dismantle the highest level of drug
			 trafficking organizations, but investigations and prosecutions of low-level
			 offenders divert Federal personnel and resources from the prosecution of the
			 highest-level traffickers, for which such agencies are best suited.
			(16)The unwarranted
			 sentencing disparity not only overstates the relative harmfulness of the two
			 forms of the drug and diverts Federal resources from high-level drug
			 traffickers. It also disproportionately affects the African-American community.
			 According to the United States Sentencing Commission’s May 2007 Report, 82
			 percent of Federal crack cocaine offenders sentenced in 2006 were
			 African-American, while 8 percent were Hispanic and 8 percent were
			 white.
			(17)Only 13 States
			 have sentencing laws that distinguish between powder and crack cocaine.
			3.Cocaine
			 sentencing disparity elimination
			(a)CSASection 401(b)(1) of the Controlled
			 Substances Act (21 U.S.C. 841(b)(1)) is amended—
				(1)in subparagraph
			 (A)(iii), by striking 50 grams and inserting 5
			 kilograms; and
				(2)in subparagraph
			 (B)(iii), by striking 5 grams and inserting 500
			 grams.
				(b)Import and
			 Export ActSection 1010(b) of the Controlled Substances Import
			 and Export Act (21 U.S.C. 960(b)) is amended—
				(1)in paragraph
			 (1)(C), by striking 50 grams and inserting 5
			 kilograms; and
				(2)in
			 paragraph (2)(C), by striking 5 grams and inserting 500
			 grams.
				4.Elimination of
			 mandatory minimum for simple possessionSection 404(a) of the Controlled Substances
			 Act (21 U.S.C. 844(a)) is amended by striking the sentence beginning
			 “Notwithstanding the preceding sentence,”.
		5.Increased
			 emphasis on certain aggravating and mitigating factorsPursuant to its authority under section 994
			 of title 28, United States Code, the United States Sentencing Commission shall
			 review and, if appropriate, amend the sentencing guidelines to ensure that the
			 penalties for an offense involving trafficking of a controlled
			 substance—
			(1)provide tiered
			 enhancements for the involvement of a dangerous weapon or violence, including,
			 if appropriate—
				(A)an enhancement for
			 the use or brandishment of a dangerous weapon;
				(B)an enhancement for
			 the use, or threatened use, of violence; and
				(C)any other
			 enhancement the Commission considers necessary;
				(2)adequately take
			 into account the culpability of the defendant and the role of the defendant in
			 the offense, including consideration of whether enhancements should be added,
			 either to the existing enhancements for aggravating role or otherwise, that
			 take into account aggravating factors associated with the offense,
			 including—
				(A)whether the
			 defendant committed the offense as part of a pattern of criminal conduct
			 engaged in as a livelihood;
				(B)whether the
			 defendant is an organizer or leader of drug trafficking activities involving 5
			 or more persons;
				(C)whether the
			 defendant maintained an establishment for the manufacture or distribution of
			 the controlled substance;
				(D)whether the
			 defendant distributed a controlled substance to an individual under the age of
			 21 years of age or to a pregnant woman;
				(E)whether the
			 defendant involved an individual under the age of 18 years or a pregnant woman
			 in the offense;
				(F)whether the
			 defendant manufactured or distributed the controlled substance in a location
			 described in section 409(a) or section 419(a) of the Controlled Substances Act
			 (21 U.S.C. 849(a) or 860(a));
				(G)whether the
			 defendant bribed, or attempted to bribe, a Federal, State, or local law
			 enforcement officer in connection with the offense;
				(H)whether the
			 defendant was involved in importation into the United States of a controlled
			 substance;
				(I)whether bodily
			 injury or death occurred in connection with the offense;
				(J)whether the
			 defendant committed the offense after previously being convicted of a felony
			 controlled substances offense; and
				(K)any other factor
			 the Commission considers necessary; and
				(3)adequately take
			 into account mitigating factors associated with the offense, including—
				(A)whether the
			 defendant had minimum knowledge of the illegal enterprise;
				(B)whether the
			 defendant received little or no compensation in connection with the
			 offense;
				(C)whether the
			 defendant acted on impulse, fear, friendship, or affection when the defendant
			 was otherwise unlikely to commit such an offense; and
				(D)whether any
			 maximum base offense level should be established for a defendant who qualifies
			 for a mitigating role adjustment.
				6.Offender drug
			 treatment incentive grants
			(a)Grant program
			 authorizedThe Attorney General shall carry out a grant program
			 under which the Attorney General may make grants to States, units of local
			 government, territories, and Indian tribes in an amount described in subsection
			 (c) to improve the provision of drug treatment to offenders in prisons, jails,
			 and juvenile facilities.
			(b)Requirements for
			 application
				(1)In
			 generalTo be eligible to receive a grant under subsection (a)
			 for a fiscal year, an entity described in that subsection shall, in addition to
			 any other requirements specified by the Attorney General, submit to the
			 Attorney General an application that demonstrates that, with respect to
			 offenders in prisons, jails, and juvenile facilities who require drug treatment
			 and who are in the custody of the jurisdiction involved, during the previous
			 fiscal year that entity provided drug treatment meeting the standards
			 established by the Single State Authority for Substance Abuse (as that term is
			 defined in section 201) for the relevant State to a number of such offenders
			 that is 2 times the number of such offenders to whom that entity provided drug
			 treatment during the fiscal year that is 2 years before the fiscal year for
			 which that entity seeks a grant.
				(2)Other
			 requirementsAn application under this section shall be submitted
			 in such form and manner and at such time as specified by the Attorney
			 General.
				(c)Allocation of
			 grant amounts based on drug treatment percent demonstratedThe
			 Attorney General shall allocate amounts under this section for a fiscal year
			 based on the percent of offenders described in subsection (b)(1) to whom an
			 entity provided drug treatment in the previous fiscal year, as demonstrated by
			 that entity in its application under that subsection.
			(d)Uses of
			 grantsA grant awarded to an entity under subsection (a) shall be
			 used—
				(1)for continuing and
			 improving drug treatment programs provided at prisons, jails, and juvenile
			 facilities of that entity; and
				(2)to strengthen
			 rehabilitation efforts for offenders by providing addiction recovery support
			 services, such as job training and placement, education, peer support,
			 mentoring, and other similar services.
				(e)ReportsAn
			 entity that receives a grant under subsection (a) during a fiscal year shall,
			 not later than the last day of the following fiscal year, submit to the
			 Attorney General a report that describes and assesses the uses of such
			 grant.
			(f)Authorization of
			 appropriationsThere are authorized to be appropriated
			 $10,000,000 to carry out this section for each of fiscal years 2008 and
			 2009.
			7.Grants for
			 demonstration programs to reduce drug use substance abusers
			(a)Awards
			 requiredThe Attorney General may make competitive grants to
			 eligible partnerships, in accordance with this section, for the purpose of
			 establishing demonstration programs to reduce the use of alcohol and other
			 drugs by supervised substance abusers during the period in which each such
			 substance abuser is in prison, jail, or a juvenile facility, and until the
			 completion of parole or court supervision of such abuser.
			(b)Use of grant
			 fundsA grant made under subsection (a) to an eligible
			 partnership for a demonstration program, shall be used—
				(1)to support the
			 efforts of the agencies, organizations, and researchers included in the
			 eligible partnership, with respect to the program for which a grant is awarded
			 under this section;
				(2)to develop and
			 implement a program for supervised substance abusers during the period
			 described in subsection (a), which shall include—
					(A)alcohol and drug
			 abuse assessments that—
						(i)are
			 provided by a State-approved program;
						(ii)provide adequate
			 incentives for completion of a comprehensive alcohol or drug abuse treatment
			 program, including through the use of graduated sanctions; and
						(B)coordinated and
			 continuous delivery of drug treatment and case management services during such
			 period; and
					(3)to
			 provide addiction recovery support services (such as job training and
			 placement, peer support, mentoring, education, and other related services) to
			 strengthen rehabilitation efforts for substance abusers.
				(c)ApplicationTo
			 be eligible for a grant under subsection (a) for a demonstration program, an
			 eligible partnership shall submit to the Attorney General an application
			 that—
				(1)identifies the
			 role, and certifies the involvement, of each agency, organization, or
			 researcher involved in such partnership, with respect to the program;
				(2)includes a plan
			 for using judicial or other criminal or juvenile justice authority to supervise
			 the substance abusers who would participate in a demonstration program under
			 this section, including for—
					(A)administering drug
			 tests for such abusers on a regular basis; and
					(B)swiftly and
			 certainly imposing an established set of graduated sanctions for non-compliance
			 with conditions for reentry into the community relating to drug abstinence
			 (whether imposed as a pre-trial, probation, or parole condition, or
			 otherwise);
					(3)includes a plan to
			 provide supervised substance abusers with coordinated and continuous services
			 that are based on evidence-based strategies and that assist such abusers by
			 providing such abusers with—
					(A)drug treatment
			 while in prison, jail, or a juvenile facility;
					(B)continued
			 treatment during the period in which each such substance abuser is in prison,
			 jail, or a juvenile facility, and until the completion of parole or court
			 supervision of such abuser;
					(C)addiction recovery
			 support services;
					(D)employment
			 training and placement;
					(E)family-based
			 therapies;
					(F)structured
			 post-release housing and transitional housing, including housing for recovering
			 substance abusers; and
					(G)other services
			 coordinated by appropriate case management services;
					(4)includes a plan
			 for coordinating the data infrastructures among the entities included in the
			 eligible partnership and between such entities and the providers of services
			 under the demonstration program involved (including providers of technical
			 assistance) to assist in monitoring and measuring the effectiveness of
			 demonstration programs under this section; and
				(5)includes a plan to
			 monitor and measure the number of substance abusers—
					(A)located in each
			 community involved; and
					(B)who improve the
			 status of their employment, housing, health, and family life.
					(d)Reports to
			 Congress
				(1)Interim
			 reportNot later than September 30, 2008, the Attorney General
			 shall submit to Congress a report that identifies the best practices relating
			 to the comprehensive and coordinated treatment of substance abusers, including
			 the best practices identified through the activities funded under this
			 section.
				(2)Final
			 reportNot later than September 30, 2009, the Attorney General
			 shall submit to Congress a report on the demonstration programs funded under
			 this section, including on the matters specified in paragraph (1).
				(e)DefinitionsIn
			 this section:
				(1)Eligible
			 partnershipThe term eligible partnership means a
			 partnership that includes—
					(A)the applicable
			 Single State Authority for Substance Abuse;
					(B)the State, local,
			 territorial, or tribal criminal or juvenile justice authority involved;
					(C)a researcher who
			 has experience in evidence-based studies that measure the effectiveness of
			 treating long-term substance abusers during the period in which such abusers
			 are under the supervision of the criminal or juvenile justice system
			 involved;
					(D)community-based
			 organizations that provide drug treatment, related recovery services, job
			 training and placement, educational services, housing assistance, mentoring, or
			 medical services; and
					(E)Federal agencies
			 (such as the Drug Enforcement Agency, the Bureau of Alcohol, Tobacco, Firearms,
			 and Explosives, and the office of a United States attorney).
					(2)Substance
			 abuserThe term substance abuser means an individual
			 who—
					(A)is in a prison,
			 jail, or juvenile facility;
					(B)has abused illegal
			 drugs or alcohol for a number of years; and
					(C)is scheduled to be
			 released from prison, jail, or a juvenile facility during the 24-month period
			 beginning on the date the relevant application is submitted under subsection
			 (c).
					(3)Single State
			 authority for substance abuseThe term Single State
			 Authority for Substance Abuse means an entity designated by the Governor
			 or chief executive officer of a State as the single State administrative
			 authority responsible for the planning, development, implementation,
			 monitoring, regulation, and evaluation of substance abuse services in that
			 State.
				(f)Authorization of
			 appropriationsThere are authorized to be appropriated to carry
			 out this section $5,000,000 for each of fiscal years 2008 and 2009.
			8.Emergency
			 authority for United States sentencing commission
			(a)In
			 generalThe United States Sentencing Commission, in its
			 discretion, may—
				(1)promulgate
			 amendments pursuant to the directives in this Act in accordance with the
			 procedure set forth in section 21(a) of the Sentencing Act of 1987 (Public Law
			 100–182), as though the authority under that Act had not expired; and
				(2)pursuant to the
			 emergency authority provided in paragraph (1), make such conforming amendments
			 to the Sentencing Guidelines as the Commission determines necessary to achieve
			 consistency with other guideline provisions and applicable law.
				(b)PromulgationThe
			 Commission shall promulgate any amendments under subsection (a) promptly so
			 that the amendments take effect on the same date as the amendments made by this
			 Act.
			9.Increased
			 penalties for major drug traffickers
			(a)Increased
			 penalties for manufacture, distribution, dispensation, or possession with
			 intent To manufacture, distribute, or dispenseSection 401(b)(1)
			 of the Controlled Substances Act (21 U.S.C. 841(b)) is amended—
				(1)in subparagraph
			 (A), by striking $4,000,000, $10,000,000,
			 $8,000,000, and $20,000,000 and inserting
			 $10,000,000, $50,000,000,
			 $20,000,000, and $75,000,000, respectively;
			 and
				(2)in subparagraph
			 (B), by striking $2,000,000, $5,000,000,
			 $4,000,000, and $10,000,000 and inserting
			 $5,000,000, $25,000,000,
			 $8,000,000, and $50,000,000, respectively.
				(b)Increased
			 penalties for importation and exportationSection 1010(b) of the
			 Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is
			 amended—
				(1)in paragraph (1),
			 by striking $4,000,000, “$10,000,000”, “$8,000,000”, and
			 $20,000,000 and inserting $10,000,000,
			 “$50,000,000”, “$20,000,000”, and $75,000,000, respectively,
			 and
				(2)in paragraph (2),
			 by striking $2,000,000, “$5,000,000”, “$4,000,000”, and
			 $10,000,000 and inserting $5,000,000,
			 “$25,000,000”, “$8,000,000”, and $50,000,000,
			 respectively.
				10.Authorization of
			 appropriations and required report
			(a)Authorization of
			 appropriations for department of justiceThere is authorized to
			 be appropriated to the Department of Justice not more than $36,000,000 for each
			 of the fiscal years 2008 and 2009 for the prosecution of high-level drug
			 offenses, of which—
				(1)$15,000,000 is for
			 salaries and expenses of the Drug Enforcement Administration;
				(2)$15,000,000 is for
			 salaries and expenses for the Offices of United States Attorneys;
				(3)$4,000,000 each
			 year is for salaries and expenses for the Criminal Division; and
				(4)$2,000,000 is for
			 salaries and expenses for the Office of the Attorney General for the management
			 of such prosecutions.
				(b)Authorization of
			 appropriations for department of treasuryThere is authorized to
			 be appropriated to the Department of the Treasury for salaries and expenses of
			 the Financial Crime Enforcement Network (FINCEN) not more than $10,000,000 for
			 each of fiscal years 2008 and 2009 in support of the prosecution of high-level
			 drug offenses.
			(c)Authorization of
			 appropriations for department of homeland securityThere is
			 authorized to be appropriated for the Department of Homeland Security not more
			 than $10,000,000 for each of fiscal years 2008 and 2009 for salaries and
			 expenses in support of the prosecution of high-level drug offenses.
			(d)Additional
			 fundsAmounts authorized to be appropriated under this section
			 shall be in addition to amounts otherwise available for, or in support of, the
			 prosecution of high-level drug offenses.
			(e)Report of
			 comptroller generalNot later than 180 days after the end of each
			 of fiscal years 2008 and 2009, the Comptroller General shall submit to the
			 Committees on the Judiciary and the Committees on Appropriations of the Senate
			 and House of Representatives a report containing information on the actual uses
			 made of the funds appropriated pursuant to the authorization of this
			 section.
			11.Effective
			 DateThe amendments made by
			 this Act shall apply to any offense committed on or after 180 days after the
			 date of enactment of this Act. There shall be no retroactive application of any
			 portion of this Act.


		II
		110th CONGRESS
		2d Session
		S. 3520
		IN THE SENATE OF THE UNITED STATES

			September 18
			 (legislative day, September 17), 2008
			Mrs. Clinton (for
			 herself, Mr. Voinovich, and
			 Mr. Brown) introduced the following bill;
			 which was read twice and referred to the Committee on Health, Education, Labor, and
			 Pensions

		A BILL
		To establish a grant program for automated
		  external defibrillators in elementary and secondary schools.

		1.Short titleThis Act may be cited as the
			 Josh Miller Helping Everyone Access
			 Responsive Treatment in Schools Act of 2008 or the
			 Josh Miller HEARTS
			 Act.
		2.Grant program for
			 automated external defibrillators
			(a)Program
			 requiredThe Secretary of Education shall carry out a program
			 under which the Secretary makes grants to local educational agencies, to be
			 used by the local educational agencies for one or both of the following:
				(1)To purchase
			 automated external defibrillators for use in elementary and secondary schools
			 served by the local educational agency.
				(2)To provide training to enable elementary
			 and secondary schools served by the local educational agency to meet the
			 requirements of subsection (d)(1), but only if automated external
			 defibrillators are already in use at such schools or are acquired through this
			 program.
				(b)Eligibility
				(1)Local educational
			 agenciesTo be eligible to receive a grant under this section, a
			 local educational agency shall submit an application to the Secretary at such
			 time, in such form, and containing such information as the Secretary may
			 require.
				(2)Elementary and
			 secondary schoolsTo be
			 eligible to receive an automated external defibrillator through a grant under
			 this section, a school may be any public or private school served by the local
			 educational agency, except that an Internet- or computer-based community school
			 is not eligible.
				(c)Matching funds
			 required
				(1)In
			 generalTo be eligible to receive a grant under this section, the
			 local educational agency must provide matching funds from non-Federal sources
			 equal to not less than 25 percent of the amount of the grant.
				(2)WaiverThe Secretary shall waive the requirement
			 of paragraph (1) for a local educational agency if the number of children
			 counted under section 1124(c)(1)(A) of the Elementary and Secondary Education
			 Act of 1965 (20 U.S.C. 6333(c)(1)(A)) is 20 percent or more of the total number
			 of children aged 5 to 17, inclusive, served by the local educational
			 agency.
				(d)Training and
			 coordination requiredA local
			 educational agency that receives a grant under this section shall demonstrate
			 that, for each elementary and secondary school at which the automated external
			 defibrillators are to be used—
				(1)there are at least 5 individuals at the
			 school who—
					(A)are employees or
			 volunteers at the school;
					(B)are at least 18
			 years of age; and
					(C)have successfully
			 completed training, with the expectation that the certification shall be
			 maintained, in the use of automated external defibrillators and in
			 cardiopulmonary resuscitation, conducted by the American Heart Association, the
			 American Red Cross, the National Safety Council, or another nationally
			 recognized organization offering training programs of similar caliber;
					(2)local paramedics and other emergency
			 services personnel are notified where on school grounds the automated external
			 defibrillators are to be located; and
				(3)the automated
			 external defibrillator will be integrated into the school’s emergency response
			 plan or procedures.
				(e)PriorityIn
			 making grants under this section, the Secretary shall give priority to
			 schools—
				(1)that do not already have an automated
			 external defibrillator on school grounds;
				(2)at which a significant number of students,
			 staff, and visitors are present on school grounds during a typical day;
				(3)with respect to which the average time
			 required for emergency medical services (as defined in section 330J of the
			 Public Health Service Act (42 U.S.C. 254c–15(f))) to reach the school is
			 greater than the average time for emergency medical services to reach other
			 public facilities in the community; and
				(4)that have not received funds under the
			 Rural Access to Emergency Devices Act (42 U.S.C. 254c note).
				(f)ESEA
			 definitionsThe terms used in
			 this section shall have the meanings given to such terms in section 9101 of the
			 Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
			(g)Authorization of
			 appropriationsThere are authorized to be appropriated to carry
			 out this section such sums as may be necessary for each of fiscal years 2008
			 through 2013.


116 HR 1662 IH: Cultivating Learning Assistance for Student Success Act
U.S. House of Representatives
2019-03-11
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.

I116th CONGRESS1st SessionH. R. 1662IN THE HOUSE OF REPRESENTATIVESMarch 11, 2019Mr. Marchant (for himself and Ms. Sewell of Alabama) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo direct the Secretary of Education to establish a pilot program to provide grants to secondary
			 schools for assistive technology devices and assistive technology services
			 and to create programs to benefit students with autism or apraxia, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Cultivating Learning Assistance for Student Success Act. 2.Autism and Apraxia Grant Pilot Program (a)In GeneralNot later than 90 days after the date of the enactment of this Act, the Secretary shall establish a pilot program under which the Secretary shall award grants to public or private secondary schools to benefit students with autism or apraxia in accordance with subsection (c).
 (b)ApplicationsTo be eligible to receive a grant under this section, a secondary school shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
 (c)RequirementsA secondary school that receives a grant under this section shall use the funds to— (1)provide assistive technology devices and assistive technology service to students with autism or apraxia;
 (2)create a program to provide individual support and services for the academic and social inclusion of students with autism or apraxia in academic courses and extracurricular activities provided by the secondary school; and
 (3)not later than 180 days after the date on which a secondary school receives such grant, seek a partnership with one or more local educational agencies licensed in the respective State to support the participation of students in the program under paragraph (2).
				(d)Grant Duration and Amount
 (1)DurationEach grant under this section shall be made for a period of 1 year. (2)AmountThe Secretary shall determine the maximum amount of each grant under this section.
 (e)Supplement, Not SupplantA secondary school shall use a grant received under this section only to supplement funds that would, in the absence of such grant, be made from other Federal, State, or local sources for activities supported by the grant, not to supplant such funds.
 (f)ReportNot later than 180 days after the date on which the pilot program under subsection (a) is completed, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on such pilot program, including a detailed description of grants awarded under the pilot program and an evaluation of the pilot program.
 (g)Termination of Pilot ProgramThe pilot program under subsection (a) shall terminate on the date that is 5 years after the date of the enactment of this Act.
 (h)DefinitionsIn this section: (1)ESEA TermsThe terms secondary school, Secretary, and local educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
 (2)IDEA TermsThe terms assistive technology device, assistive technology service, and child with a disability have the meanings given the terms in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).
 (3)Student with autism or apraxiaThe term student with autism or apraxia means a child with a disability who has autism or apraxia. (i)Amendment to definition of child with a disabilitySection 602(3)(A)(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i)) is amended by inserting apraxia, after autism,.


IV
111th CONGRESS
1st Session
H. RES. 940
In the House of Representatives, U. S.,

December 8, 2009

RESOLUTION
Recognizing and honoring the National Guard on the occasion of its 373rd anniversary.

Whereas the National Guard celebrates its 373rd birthday on December 13, 2009;
Whereas the National Guard and its citizen-soldiers have participated in all major American conflicts, most recently Operation Enduring Freedom and Operation Iraqi Freedom;
Whereas the National Guard is the oldest component of the United States Armed Forces;
Whereas the National Guard has served with distinction as America’s first line of defense against natural and man-made disasters within the United States;
Whereas Colonial and State militias were the precursors to the National Guard;
Whereas the militia stood their ground during the opening shots of the Revolutionary War at Lexington Green and Concord Bridge in 1775;
Whereas more than 164,000 members of the militia from the 13 colonies served under the command of George Washington during the Revolutionary War;
Whereas in 1824, the 2nd Battalion, 11th Regiment, New York Artillery became the first military organization in the United States to adopt the title National Guard;
Whereas during the Mexican War of 1846–1848, more than 70 percent of the total manpower effort was from citizen-soldiers through volunteer militiamen;
Whereas the Union and Confederate Armies relied heavily on militias and volunteer regiments during the Civil War of 1861–1865;
Whereas, on April 15, 1861, President Abraham Lincoln invoked the Calling Forth Act of 1792 and ordered 75,000 militiamen into Federal service for 90 days;
Whereas during the Spanish-American War in 1898, over 160,000 National Guardsmen volunteered for active duty;
Whereas a group of National Guardsmen from Arizona, New Mexico, Oklahoma and Texas were called the Rough Riders and were led by Lieutenant Colonel and future United States President Theodore Teddy Roosevelt;
Whereas in 1902, Major General Charles W. Dick, commander of the Ohio Division of the National Guard and a member of the United States House of Representatives, became president of the National Guard Association;
Whereas the Militia Act of 1903 created the modern National Guard and affirmed the National Guard as the primary organized combat Reserve force of the Armed Forces;
Whereas in World War I, the National Guard made up 40 percent of the United States combat divisions;
Whereas the National Defense Act of 1920 established the Army of the United States, to consist of the Regular Army, the Organized Reserve Corps, and the National Guard, when called into Federal service;
Whereas an amendment to the National Defense Act enacted on June 15, 1933, established the National Guard of the United States as a Reserve component of the Army;
Whereas the National Security Act of 1947 established the Air National Guard as a Reserve component of the Air Force;
Whereas more than 300,000 members of the National Guard, including 18 infantry divisions, participated in World War II;
Whereas more than 138,000 members of the Army National Guard and more than 45,000 members of the Air National Guard were called to active duty during the Korean War;
Whereas almost 23,000 members of the Army and Air National Guard were mobilized for two years of active duty during the Vietnam War;
Whereas more than 70,000 members of the Army and Air National Guard were called upon to participate in Operation Desert Shield and Operation Desert Storm in 1990 and 1991;
Whereas since the attacks on September 11, 2001, hundreds of thousands of members of the Army and Air National Guard have been called upon by their States and the Federal Government to provide security at home and combat terrorism abroad; and
Whereas more than 50,000 members of the Army and Air National Guard were deployed in the Gulf States following Hurricane Katrina in 2005: Now, therefore, be it

That the House of Representatives—
(1)thanks the members of the National Guard for their service in response to the attacks on September 11, 2001, and their continuing role in homeland security and military operations;
(2)supports providing the National Guard with the necessary resources to ensure its readiness;
(3)expresses its condolences and gratitude to the families of those members of the National Guard who have lost their lives through their dedication and commitment to the freedom and security of the United States while serving in the National Guard; and
(4)honors and supports the compassionate, courageous, and dedicated members of the National Guard who serve a critical role in protecting the United States and its citizens’ freedoms and treasured liberties.

Lorraine C. Miller,Clerk.


 S611 ENR: Grassroots Rural and Small Community Water Systems Assistance 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.

One Hundred Fourteenth Congress of the United States of America1st SessionBegun and held at the City of Washington on Tuesday, the sixth day of January, two thousand and
			 fifteenS. 611IN THE SENATE OF THE UNITED STATESAN ACTTo amend the Safe Drinking Water Act to reauthorize technical assistance to small public water
			 systems, and for other purposes.1.Short
 titleThis Act may be cited as the Grassroots Rural and Small Community Water Systems Assistance Act.2.FindingsCongress finds that—(1)the Safe Drinking Water Act Amendments of 1996 (Public Law 104–182) authorized technical assistance for small and rural communities to assist those communities in complying with regulations promulgated pursuant to the Safe Drinking Water Act (42 U.S.C. 300f et seq.);(2)technical assistance and compliance training—(A)ensures that Federal regulations do not overwhelm the resources of small and rural communities; and(B)provides small and rural communities lacking technical resources with the necessary skills to improve and protect water resources;(3)across the United States, more than 90 percent of the community water systems serve a population of less than 10,000 individuals;(4)small and rural communities have the greatest difficulty providing safe, affordable public drinking water and wastewater services due to limited economies of scale and lack of technical expertise; and(5)in addition to being the main source of compliance assistance, small and rural water technical assistance has been the main source of emergency response assistance in small and rural communities.3.Sense of
 CongressIt is the sense of Congress that—(1)to assist small and rural communities most effectively, the Administrator of the Environmental Protection Agency should prioritize the types of technical assistance that are most beneficial to those communities, based on input from those communities; and(2)local support is the key to making Federal assistance initiatives work in small and rural communities to the maximum benefit.4.Funding
 prioritiesSection 1442(e) of the Safe Drinking Water Act (42 U.S.C. 300j–1(e)) is amended—(1)by designating the first through seventh sentences as paragraphs (1) through (7), respectively;(2)in paragraph (5) (as so designated), by striking 1997 through 2003 and inserting 2015 through 2020; and(3)by adding at the end the following:(8)Nonprofit
				organizations(A)In
 generalThe Administrator may use amounts made available to carry out this section to provide grants or cooperative agreements to nonprofit organizations that provide to small public water systems onsite technical assistance, circuit-rider technical assistance programs, multistate, regional technical assistance programs, onsite and regional training, assistance with implementing source water protection plans, and assistance with implementing monitoring plans, rules, regulations, and water security enhancements.(B)PreferenceTo ensure that technical assistance funding is used in a manner that is most beneficial to the small and rural communities of a State, the Administrator shall give preference under this paragraph to nonprofit organizations that, as determined by the Administrator, are the most qualified and experienced in providing training and technical assistance to small public water systems and that the small community water systems in that State find to be the most beneficial and effective.(C)LimitationNo grant or cooperative agreement provided or otherwise made available under this section may be used for litigation pursuant to section 1449..Speaker of the House of RepresentativesVice President of the United States and President of the Senate


115 S926 IS: Global War on Terrorism War Memorial Act
U.S. Senate
2017-04-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 926IN THE SENATE OF THE UNITED STATESApril 25, 2017Mrs. Ernst (for herself and Mr. Manchin) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo authorize the Global War on Terror Memorial Foundation to establish the National Global War on
			 Terrorism Memorial as a commemorative work in the District of Columbia,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Global War on Terrorism War Memorial Act. 2.DefinitionsIn this Act:
 (1)AssociationThe term Association means the Global War on Terror Memorial Foundation, a corporation that is— (A)organized under the laws of the State of Pennsylvania; and
 (B)described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code.
 (2)District of Columbia and its environsThe term District of Columbia and its environs has the meaning given that term in section 8902(a) of title 40, United States Code. (3)Global War on TerrorismThe term Global War on Terrorism means any contingency operation conducted by the Armed Forces in response to the terrorist attacks of September 11, 2001, or other terrorist attack.
 (4)MemorialThe term memorial means the National Global War on Terrorism Memorial authorized to be established under section 3. 3.National global war on terrorism memorial (a)Authorization To establish commemorative workThe Association may establish the National Global War on Terrorism Memorial as a commemorative work on Federal land in the District of Columbia and its environs to commemorate and honor the members of the Armed Forces that served on active duty in support of the Global War on Terrorism.
			(b)Compliance with standards for Commemorative Works Act
 (1)In generalExcept as provided in paragraph (2), the establishment of the memorial under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act).
 (2)Non-applicabilitySubsections (b) and (c) of section 8903 of title 40, United States Code, shall not apply to this Act.
				(c)Use of federal funds prohibited
 (1)In generalFederal funds may not be used to pay any expense of the establishment of the memorial. (2)Responsibility of associationThe Association shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the memorial.
 (d)Deposit of excess fundsIf, on payment of all expenses for the establishment of the memorial (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), or on expiration of the authority for the memorial under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the memorial, the Association shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code.