		I
		111th CONGRESS
		2d Session
		H. R. 4622
		IN THE HOUSE OF REPRESENTATIVES

			February 9, 2010
			Mr. Patrick J. Murphy of
			 Pennsylvania (for himself and Mrs.
			 Kirkpatrick of Arizona) introduced the following bill; which was
			 referred to the Committee on the
			 Judiciary

		A BILL
		To amend the Immigration and Nationality Act to provide
		  for enhanced penalties for certain Federal officials who are alien smugglers,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Secure Borders Act of
			 2010.
		2.Enhanced
			 penalties for certain Federal officials who are alien smugglersSection 274(a)(1)(B) of the Immigration and
			 Nationality Act (8 U.S.C. 1324(a)(1)(B)) is amended—
			(1)in clause (iii),
			 by striking the and at the end;
			(2)in clause (iv), by
			 striking the period at the end and inserting ; and; and
			(3)by adding at the
			 end the following:

					(v)in the case of a violation of subparagraph
				(A) (i), (ii), (iii), (iv), or (v), if the person who commits the violation is
				an officer or employee of a Federal law enforcement agency (including the Coast
				Guard of the United States) and, in committing the violation, that person acts
				under the color of his or her authority to enforce Federal law, be fined under
				title 18, United States Code, imprisoned not more than 20 years, or
				both.
					.


		I
		112th CONGRESS
		1st Session
		H. R. 2037
		IN THE HOUSE OF REPRESENTATIVES

			May 26, 2011
			Mr. Grijalva
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To establish the Santa Cruz Valley National Heritage
		  Area, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited as the Santa Cruz Valley National Heritage Area
			 Act.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Purposes.
					Sec. 3. Definitions.
					Sec. 4. Designation of Santa Cruz Valley National Heritage
				Area.
					Sec. 5. Management plan.
					Sec. 6. Evaluation; report.
					Sec. 7. Local coordinating entity.
					Sec. 8. Relationship to other Federal agencies.
					Sec. 9. Private property and regulatory
				protections.
					Sec. 10. Authorization of appropriations.
					Sec. 11. Use of Federal funds from other sources.
					Sec. 12. Sunset for grants and other assistance.

			2.PurposesThe purposes of this Act include—
			(1)to establish the
			 Santa Cruz Valley National Heritage Area in the State of Arizona;
			(2)to implement the
			 recommendations of the Alternative Concepts for Commemorating Spanish
			 Colonization study completed by the National Park Service in 1991, and
			 the Feasibility Study for the Santa Cruz Valley National Heritage
			 Area prepared by the Center for Desert Archaeology in July 2005;
			(3)to provide a
			 management framework to foster a close working relationship with all levels of
			 government, the private sector, and the local communities in the region and to
			 conserve the region’s heritage while continuing to pursue compatible economic
			 opportunities;
			(4)to assist
			 communities, organizations, and citizens in the State of Arizona in
			 identifying, preserving, interpreting, and developing the historical, cultural,
			 scenic, and natural resources of the region for the educational and
			 inspirational benefit of current and future generations; and
			(5)to provide
			 appropriate linkages between units of the National Park System and communities,
			 governments, and organizations within the National Heritage Area.
			3.DefinitionsIn this Act:
			(1)National
			 heritage areaThe term National Heritage Area means
			 the Santa Cruz Valley National Heritage Area established in this Act.
			(2)Local
			 coordinating entityThe term local coordinating
			 entity means the Santa Cruz Valley Heritage Alliance, Inc., which is
			 hereby designated by Congress—
				(A)to develop, in
			 partnership with others, the management plan for the National Heritage Area;
			 and
				(B)to act as a
			 catalyst for the implementation of projects and programs among diverse partners
			 in the National Heritage Area.
				(3)Management
			 planThe term management plan means the plan
			 prepared by the local coordinating entity for the National Heritage Area that
			 specifies actions, policies, strategies, performance goals, and recommendations
			 to meet the goals of the National Heritage Area, in accordance with this
			 Act.
			(4)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			4.Designation of
			 Santa Cruz Valley National Heritage Area
			(a)EstablishmentThere
			 is hereby established the Santa Cruz Valley National Heritage Area.
			(b)Boundaries
				(1)In
			 generalThe National Heritage Area shall consist of portions of
			 the counties of Santa Cruz and Pima.
				(2)MapThe boundaries of the National Heritage
			 Area shall be as generally depicted on the map titled Santa Cruz Valley
			 National Heritage Area, and numbered T09/80,000, and dated November 13,
			 2007. The map shall be on file and available to the public in the appropriate
			 offices of the National Park Service and the local coordinating entity.
				5.Management
			 plan
			(a)RequirementsThe
			 management plan for the National Heritage Area shall—
				(1)describe
			 comprehensive policies, goals, strategies, and recommendations for telling the
			 story of the heritage of the area covered by the National Heritage Area and
			 encouraging long-term resource protection, enhancement, interpretation,
			 funding, management, and development of the National Heritage Area;
				(2)include a
			 description of actions and commitments that Federal, State, Tribal, and local
			 governments, private organizations, and citizens will take to protect, enhance,
			 interpret, fund, manage, and develop the natural, historical, cultural,
			 educational, scenic, and recreational resources of the National Heritage
			 Area;
				(3)specify existing
			 and potential sources of funding or economic development strategies to protect,
			 enhance, interpret, fund, manage, and develop the National Heritage
			 Area;
				(4)include an
			 inventory of the natural, historical, cultural, educational, scenic, and
			 recreational resources of the National Heritage Area related to the national
			 importance and themes of the National Heritage Area that should be protected,
			 enhanced, interpreted, managed, funded, and developed;
				(5)recommend policies
			 and strategies for resource management, including the development of
			 intergovernmental and interagency agreements to protect, enhance, interpret,
			 fund, manage, and develop the natural, historical, cultural, educational,
			 scenic, and recreational resources of the National Heritage Area;
				(6)describe a program
			 for implementation for the management plan, including—
					(A)performance
			 goals;
					(B)plans for resource
			 protection, enhancement, interpretation, funding, management, and development;
			 and
					(C)specific
			 commitments for implementation that have been made by the local coordinating
			 entity or any Federal, State, Tribal, or local government agency, organization,
			 business, or individual;
					(7)include an
			 analysis of, and recommendations for, means by which Federal, State, Tribal,
			 and local programs may best be coordinated (including the role of the National
			 Park Service and other Federal agencies associated with the National Heritage
			 Area) to further the purposes of this Act; and
				(8)include a business
			 plan that—
					(A)describes the
			 role, operation, financing, and functions of the local coordinating entity and
			 of each of the major activities contained in the management plan; and
					(B)provides adequate
			 assurances that the local coordinating entity has the partnerships and
			 financial and other resources necessary to implement the management plan for
			 the National Heritage Area.
					(b)Deadline
				(1)In
			 generalNot later than 3 years after the date on which funds are
			 first made available to develop the management plan after designation as a
			 National Heritage Area, the local coordinating entity shall submit the
			 management plan to the Secretary for approval.
				(2)Termination of
			 fundingIf the management plan is not submitted to the Secretary
			 in accordance with paragraph (1), the local coordinating entity shall not
			 qualify for any additional financial assistance under this Act until such time
			 as the management plan is submitted to and approved by the Secretary.
				(c)Approval of
			 Management Plan
				(1)ReviewNot
			 later than 180 days after receiving the plan, the Secretary shall review and
			 approve or disapprove the management plan for a National Heritage Area on the
			 basis of the criteria established under paragraph (3).
				(2)ConsultationThe
			 Secretary shall consult with the Governor of each State in which the National
			 Heritage Area is located before approving a management plan for the National
			 Heritage Area.
				(3)Criteria for
			 approvalIn determining whether to approve a management plan for
			 a National Heritage Area, the Secretary shall consider whether—
					(A)the local
			 coordinating entity represents the diverse interests of the National Heritage
			 Area, including Federal, State, Tribal, and local governments, natural and
			 historic resource protection organizations, educational institutions,
			 businesses, recreational organizations, community residents, and private
			 property owners;
					(B)the local
			 coordinating entity—
						(i)has
			 afforded adequate opportunity for public and Federal, State, Tribal, and local
			 governmental involvement (including through workshops and hearings) in the
			 preparation of the management plan; and
						(ii)provides for at
			 least semiannual public meetings to ensure adequate implementation of the
			 management plan;
						(C)the resource
			 protection, enhancement, interpretation, funding, management, and development
			 strategies described in the management plan, if implemented, would adequately
			 protect, enhance, interpret, fund, manage, and develop the natural, historic,
			 cultural, educational, scenic, and recreational resources of the National
			 Heritage Area;
					(D)the management
			 plan would not adversely affect any activities authorized on Federal land under
			 public land laws or land use plans;
					(E)the local
			 coordinating entity has demonstrated the financial capability, in partnership
			 with others, to carry out the plan;
					(F)the Secretary has
			 received adequate assurances from the appropriate State, Tribal, and local
			 officials whose support is needed to ensure the effective implementation of the
			 State, Tribal, and local elements of the management plan; and
					(G)the management
			 plan demonstrates partnerships among the local coordinating entity, Federal,
			 State, Tribal, and local governments, regional planning organizations,
			 nonprofit organizations, or private sector parties for implementation of the
			 management plan.
					(4)Disapproval
					(A)In
			 generalIf the Secretary disapproves the management plan, the
			 Secretary—
						(i)shall advise the
			 local coordinating entity in writing of the reasons for the disapproval;
			 and
						(ii)may
			 make recommendations to the local coordinating entity for revisions to the
			 management plan.
						(B)DeadlineNot
			 later than 180 days after receiving a revised management plan, the Secretary
			 shall approve or disapprove the revised management plan.
					(5)Amendments
					(A)In
			 generalAn amendment to the management plan that substantially
			 alters the purposes of the National Heritage Area shall be reviewed by the
			 Secretary and approved or disapproved in the same manner as the original
			 management plan.
					(B)ImplementationThe
			 local coordinating entity shall not use Federal funds authorized by this Act to
			 implement an amendment to the management plan until the Secretary approves the
			 amendment.
					(6)AuthoritiesThe
			 Secretary may—
					(A)provide technical
			 assistance under the authority of this Act for the development and
			 implementation of the management plan; and
					(B)enter into
			 cooperative agreements with interested parties to carry out this Act.
					6.Evaluation;
			 report
			(a)In
			 generalNot later than 3 years before the date on which authority
			 for Federal funding terminates for the National Heritage Area under this Act,
			 the Secretary shall—
				(1)conduct an
			 evaluation of the accomplishments of the National Heritage Area; and
				(2)prepare a report
			 in accordance with subsection (c).
				(b)EvaluationAn
			 evaluation conducted under subsection (a)(1) shall—
				(1)assess the
			 progress of the local coordinating entity with respect to—
					(A)accomplishing the
			 purposes of the authorizing legislation for the National Heritage Area;
			 and
					(B)achieving the
			 goals and objectives of the approved management plan for the National Heritage
			 Area;
					(2)analyze the
			 Federal, State, Tribal, and local, and private investments in the National
			 Heritage Area to determine the impact of the investments; and
				(3)review the
			 management structure, partnership relationships, and funding of the National
			 Heritage Area for purposes of identifying the critical components for
			 sustainability of the National Heritage Area.
				(c)ReportBased
			 on the evaluation conducted under subsection (a)(1), the Secretary shall submit
			 a report to the Committee on Natural Resources of the United States House of
			 Representatives and the Committee on Energy and Natural Resources of the United
			 States Senate. The report shall include recommendations for the future role of
			 the National Park Service, if any, with respect to the National Heritage
			 Area.
			7.Local
			 coordinating entity
			(a)DutiesTo
			 further the purposes of the National Heritage Area, the Santa Cruz Valley
			 Heritage Alliance, Inc., as the local coordinating entity, shall—
				(1)prepare a
			 management plan for the National Heritage Area, and submit the management plan
			 to the Secretary, in accordance with this Act;
				(2)submit an annual
			 report to the Secretary for each fiscal year for which the local coordinating
			 entity receives Federal funds under this Act, specifying—
					(A)the specific
			 performance goals and accomplishments of the local coordinating entity;
					(B)the expenses and
			 income of the local coordinating entity;
					(C)the amounts and
			 sources of matching funds;
					(D)the amounts
			 leveraged with Federal funds and sources of the leveraging; and
					(E)grants made to any
			 other entities during the fiscal year;
					(3)make available for
			 audit for each fiscal year for which the local coordinating entity receives
			 Federal funds under this Act, all information pertaining to the expenditure of
			 the funds and any matching funds; and
				(4)encourage economic
			 viability and sustainability that is consistent with the purposes of the
			 National Heritage Area.
				(b)AuthoritiesFor
			 the purposes of preparing and implementing the approved management plan for the
			 National Heritage Area, the local coordinating entity may use Federal funds
			 made available under this Act to—
				(1)make grants to
			 political jurisdictions, nonprofit organizations, and other parties within the
			 National Heritage Area;
				(2)enter into
			 cooperative agreements with or provide technical assistance to political
			 jurisdictions, nonprofit organizations, Federal agencies, and other interested
			 parties;
				(3)hire and
			 compensate staff, including individuals with expertise in—
					(A)natural,
			 historical, cultural, educational, scenic, and recreational resource
			 conservation;
					(B)economic and
			 community development; and
					(C)heritage
			 planning;
					(4)obtain funds or
			 services from any source, including other Federal programs;
				(5)contract for goods
			 or services; and
				(6)support activities
			 of partners and any other activities that further the purposes of the National
			 Heritage Area and are consistent with the approved management plan.
				(c)Prohibition on
			 acquisition of real propertyThe local coordinating entity may
			 not use Federal funds authorized under this Act to acquire any interest in real
			 property.
			8.Relationship to
			 other Federal agencies
			(a)In
			 generalNothing in this Act affects the authority of a Federal
			 agency to provide technical or financial assistance under any other law.
			(b)Consultation and
			 coordinationThe head of any Federal agency planning to conduct
			 activities that may have an impact on a National Heritage Area is encouraged to
			 consult and coordinate the activities with the Secretary and the local
			 coordinating entity to the maximum extent practicable.
			(c)Other federal
			 agenciesNothing in this Act—
				(1)modifies, alters,
			 or amends any law or regulation authorizing a Federal agency to manage Federal
			 land under the jurisdiction of the Federal agency;
				(2)limits the
			 discretion of a Federal land manager to implement an approved land use plan
			 within the boundaries of a National Heritage Area; or
				(3)modifies, alters,
			 or amends any authorized use of Federal land under the jurisdiction of a
			 Federal agency.
				9.Private property
			 and regulatory protectionsNothing in this Act—
			(1)abridges the
			 rights of any property owner (whether public or private), including the right
			 to refrain from participating in any plan, project, program, or activity
			 conducted within the National Heritage Area;
			(2)requires any
			 property owner to permit public access (including access by Federal, State,
			 Tribal, or local agencies) to the property of the property owner, or to modify
			 public access or use of property of the property owner under any other Federal,
			 State, Tribal, or local law;
			(3)alters any duly
			 adopted land use regulation, approved land use plan, or other regulatory
			 authority of any Federal, State, Tribal, or local agency, or conveys any land
			 use or other regulatory authority to any local coordinating entity, including
			 but not necessarily limited to development and management of energy, water, or
			 water-related infrastructure;
			(4)authorizes or
			 implies the reservation or appropriation of water or water rights;
			(5)diminishes the
			 authority of the State to manage fish and wildlife, including the regulation of
			 fishing and hunting within the National Heritage Area; or
			(6)creates any
			 liability, or affects any liability under any other law, of any private
			 property owner with respect to any person injured on the private
			 property.
			10.Authorization of
			 appropriations
			(a)Authorization of
			 appropriationsSubject to subsection (b), there are authorized to
			 be appropriated to carry out this Act not more than $1,000,000 for any fiscal
			 year. Funds so appropriated shall remain available until expended.
			(b)Limitation on
			 total amounts appropriatedNot more than $15,000,000 may be
			 appropriated to carry out this Act.
			(c)Cost-Sharing
			 requirementThe Federal share of the total cost of any activity
			 under this Act shall be not more than 50 percent; the non-Federal contribution
			 may be in the form of in-kind contributions of goods or services fairly
			 valued.
			11.Use of Federal
			 funds from other sourcesNothing in this Act shall preclude the local
			 coordinating entity from using Federal funds available under other laws for the
			 purposes for which those funds were authorized.
		12.Sunset for
			 grants and other assistanceThe authority of the Secretary to provide
			 financial assistance under this Act terminates on the date that is 15 years
			 after the date of enactment of this Act.


116 HRES 1090 IH: Recognizing Islam as one of the great religions of the world.
U.S. House of Representatives
2020-08-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV116th CONGRESS2d SessionH. RES. 1090IN THE HOUSE OF REPRESENTATIVESAugust 21, 2020Mr. Green of Texas (for himself, Mr. Carson of Indiana, Ms. Omar, and Ms. Tlaib) submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONRecognizing Islam as one of the great religions of the world.Whereas this resolution may be cited as the Original Resolution Recognizing Islam as One of the Great Religions of the World; Whereas the word Islam means submission to the will of God and peace;Whereas the primary scripture of Islam is the Holy Quran, which has 6,236 verses, or suras;Whereas Muslims consider the Holy Quran in its original Arabic to be the book of divine guidance;Whereas although its roots go back further, the religion began in A.D. 622 when the Prophet Muhammad (may peace be upon him) began his travels from Mecca to Medina, Saudi Arabia, the first day of which began the Islamic calendar;Whereas Islam is the second largest religion in the world after Christianity;Whereas Islam is the fastest growing religion of the world;Whereas it is estimated that there are approximately 1,800,000,000 Muslims worldwide;Whereas Islam is a monotheistic religion, and Allah (meaning God in Arabic) is the central deity;Whereas Islam teaches Allah has 99 names, with each one having a different meaning;Whereas Islam is a complete system of strong moral convictions that promotes peace, equality, and social justice;Whereas the fundamental Muslim practices are known as the Five Pillars of Islam;Whereas the five pillars are shahadah (declaration of faith), salat (prayer 5 times daily), zakat (give 2.5 percent of all earnings to charity), sawm (fasting in the month of Ramadan), and Hajj (pilgrimage to Mecca, Saudi Arabia);Whereas the 5 daily prayers remove any barriers between believers praying in congregations and helps one refrain from committing sins;Whereas the obligatory charity purifies a person from selfishness and encourages empathy to the poor;Whereas fasting in Ramadan promotes self-restraint and spiritual renewal for Muslims worldwide;Whereas the pilgrimage to Mecca serves as a unifying force in Islam by bringing followers of diverse background together in religious celebration;Whereas about 2,500,000 pilgrims visit Mecca each year for the Hajj, but in 2020 due to COVID–19, only around 1,000 pilgrims were allowed while adhering to safety bubbles and social distancing measures over fears of the coronavirus;Whereas Muslims consider Islam to be a way of life; andWhereas carrying out these obligations provides the framework of a Muslim’s life, and weaves their everyday activities and their beliefs into a single cloth of religious devotion: Now, therefore, be itTo demonstrate solidarity with and support for members of the community of Islam in the United States and throughout the world, the House of Representatives recognizes the Islamic faith as one of the great religions of the world.


117 HRES 405 IH: Supporting the goals and ideals of the International Day Against Homophobia, Transphobia, and Biphobia.
U.S. House of Representatives
2021-05-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
117th CONGRESS
1st Session
H. RES. 405
IN THE HOUSE OF REPRESENTATIVES

May 17, 2021
Ms. Lee of California (for herself, Ms. Titus, Mr. Meeks, Mr. Sires, Ms. Dean, Mr. Khanna, Mrs. Carolyn B. Maloney of New York, Ms. DelBene, Ms. McCollum, Mr. Panetta, Ms. Garcia of Texas, Ms. Blunt Rochester, Mr. Espaillat, Mr. McEachin, Ms. Schakowsky, Mr. Pocan, Mr. Kilmer, Ms. Velázquez, Mr. Levin of Michigan, Ms. Norton, Mr. Lowenthal, Ms. Sánchez, Mr. Takano, Mr. Cicilline, Ms. Pingree, Ms. Pressley, Ms. Jacobs of California, Mr. Johnson of Georgia, Ms. Brownley, Ms. Lois Frankel of Florida, Mr. Moulton, Ms. Tlaib, Mr. Quigley, Mr. Torres of New York, Mr. Blumenauer, Mr. Tonko, Ms. Craig, Mr. Deutch, Mr. Connolly, Mr. Pappas, Ms. Scanlon, Mr. Higgins of New York, Mr. Auchincloss, Mrs. Lawrence, Ms. Williams of Georgia, Mr. Trone, Mrs. Watson Coleman, Mrs. Hayes, Mr. Sean Patrick Maloney of New York, Mr. Grijalva, and Ms. Davids of Kansas) submitted the following resolution; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Energy and Commerce, and Education and Labor, 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

RESOLUTION
Supporting the goals and ideals of the International Day Against Homophobia, Transphobia, and Biphobia.

Whereas over 11,000,000 American adults identify as lesbian, gay, bisexual, or transgender (LGBT), and 1,300,000 high schoolers identify as LGBT; Whereas, according to a February 2013 report by the Williams Institute, an estimated 3,000,000 LGBT Americans have had a child and as many as 6,000,000 American children and adults have an LGBT parent;
Whereas, according to a 2018 study by the Williams Institute— (1)24 percent of female same-sex couples are raising children; and
(2)same-sex couples are 7 times more likely than different-sex couples to be raising an adopted or foster child;  Whereas, according to a 2020 study by the Williams Institute, 19 percent of transgender adults are raising children;
Whereas the Center for American Progress found 1 in 3 LGBTQ people reported experiencing discrimination in some area of their lives in the past year because of their sexual orientation or gender identity in 2020; Whereas 45 percent of United States employees report hearing anti-LGBT remarks in the workplace and 25 percent say that LGBTQ people are treated worse by law enforcement than non-LGBTQ people;
Whereas, according to the Centers for Disease Control and Prevention, homophobia, transphobia, and biphobia contribute to disparities in physical and mental health indicators such as depression, substance use, cancer, and experiences of abuse and violence; Whereas COVID–19 has further exacerbated the health disparities experienced by lesbian, gay, bisexual, transgender, and intersex people;
Whereas the Centers for Disease Control and Prevention further report that homophobia, transphobia, and biphobia limit an individual’s ability to access high-quality health care and negatively affect such individual’s income and employment status; Whereas, according to the Global Commission on HIV and the Law, homophobia, transphobia, and biphobia contribute to disproportionately high rates of HIV among men who have sex with men and transgender women;
Whereas, according to a 2017 survey by GLSEN (formerly known as the Gay, Lesbian & Straight Education Network), 87 percent of students who identify as LGBT were harassed at school in the past year due to their sexual orientation, 60 percent felt unsafe at school because of their sexual orientation, and 40 percent because of their gender identity; Whereas youth who are LGBT are 120 percent more likely to experience homelessness than their non-LGBT counterparts and are likely to lack access to health care and develop stress-related disorders;
Whereas youth who identify as lesbian, gay, or bisexual are over 4 times more likely to attempt suicide compared to their heterosexual counterparts and transgender youth are over 5 times more likely to attempt suicide than their cisgender counterparts; Whereas homophobia, transphobia, and biphobia are associated with minority stress that may underlie sexual behaviors that can increase the risk of HIV and AIDS transmission, and also create additional barriers for LGBT individuals to access prevention and treatment for HIV and AIDS;
Whereas nearly one-half of all LBQ women report being physically or sexually assaulted since they were 18 years old;  Whereas the 2015 U.S. Transgender Survey, a study of 27,715 transgender adults, found that 77 percent of those who were out or perceived as transgender in K–12 were harassed, physically or sexually assaulted, or faced other forms of mistreatment because of being transgender, and nearly 1 in 5 (17 percent) were forced to leave a school because of the severity of mistreatment that they faced;
Whereas a 2021 Williams Institute study of national crime victimization data found that transgender people are over 4 times more likely than cisgender people to experience violence; Whereas the Center for American Progress found that—
(1)15 percent of LGBTQ individuals, including 28 percent of transgender individuals, reported postponing or avoiding needed medical care when they were sick or injured due to disrespect or discrimination by health providers; (2)among LGBTQ people who reported experiencing some form of discrimination in the year prior, 36 percent reported avoiding doctors’ offices to avoid discrimination compared with 20 percent of respondents overall; and
(3)18 percent of transgender people reported that a doctor or health provider refused to see them because of their actual or perceived gender identity; Whereas LGBT adults are over twice as likely to be uninsured than their non-LGBT counterparts and LGBT adults, particularly bisexual men and women, are more likely to experience poverty;
Whereas 68 countries still criminalize homosexuality, and LGBT people in these countries face violence, increased discrimination, and blackmail; Whereas, according to the World Health Organization, in some countries transgender women are 80 times more likely to have HIV, and there were 2,982 reported killings of transgender people in 72 countries between 2008 and 2018;
Whereas, according to a Williams Institute study of 120 countries, greater social acceptance and legal rights for LGBT people are associated with stronger economic growth; and  Whereas the European Parliament and other international bodies observe May 17 as an International Day Against Homophobia, Transphobia, and Biphobia: Now, therefore, be it

That the House of Representatives— (1)supports the goals and ideals of an International Day Against Homophobia, Transphobia, and Biphobia;
(2)encourages the Federal Government, States, localities, nonprofit organizations, schools, and community organizations to observe the day with appropriate programs and activities, with the goal of increasing public knowledge of homophobia, transphobia, and biphobia and empowering communities to celebrate and respect their diversity; (3)encourages health care providers to offer culturally and clinically competent care to the lesbian, gay, bisexual, transgender, queer, or questioning (LGBTQ+) community, schools to support the creation of gender and sexuality alliances to achieve safer learning environments, and individuals to learn about national resources for those who identify as LGBTQ+; and
(4)encourages the Federal Government, States, international funding organizations, and United States bilateral and multilateral aid efforts to prioritize the health and human rights of LGBTQ+ people.


115 HR 4815 IH: Marijuana Justice Act of 2018
U.S. House of Representatives
2018-01-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 4815IN THE HOUSE OF REPRESENTATIVESJanuary 17, 2018Ms. Lee (for herself, Mr. Khanna, Ms. Jackson Lee, Mr. Cohen, Ms. Norton, Mr. Rush, Mr. Blumenauer, Mr. Danny K. Davis of Illinois, Mr. Polis, Mr. Jeffries, Ms. Jayapal, Ms. Clarke of New York, Ms. Fudge, Mr. Payne, Mr. Thompson of Mississippi, Ms. Wilson of Florida, Mr. Pocan, Ms. Gabbard, and Mr. Raskin) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Agriculture, Natural Resources, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Controlled Substances Act to provide for a new rule regarding the application of the
			 Act to marihuana, and for other purposes.

 1.Short titleThis Act may be cited as the Marijuana Justice Act of 2018. 2.De-scheduling marihuana (a)Marihuana removed from schedule of controlled substancesSubsection (c) of schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812) is amended—
 (1)by striking marihuana; and (2)by striking tetrahydrocannabinols.
 (b)Removal of Prohibition on Import and ExportSection 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended— (1)in paragraph (1)—
 (A)in subparagraph (F), by inserting or after the semicolon; (B)by striking subparagraph (G); and
 (C)by redesignating subparagraph (H) as subparagraph (G); (2)in paragraph (2)—
 (A)in subparagraph (F), by inserting or after the semicolon; (B)by striking subparagraph (G); and
 (C)by redesignating subparagraph (H) as subparagraph (G); (3)in paragraph (3), by striking paragraphs (1), (2), and (4) and inserting paragraphs (1) and (2);
 (4)by striking paragraph (4); and (5)by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively.
 (c)Conforming amendments to Controlled Substances ActThe Controlled Substances Act (21 U.S.C. 801 et seq.) is amended— (1)in section 102(44) (21 U.S.C. 802(44)), by striking marihuana,;
 (2)in section 401(b) (21 U.S.C. 841(b))— (A)in paragraph (1)—
 (i)in subparagraph (A)— (I)in clause (vi), by inserting or after the semicolon;
 (II)by striking (vii); and (III)by redesignating clause (viii) as clause (vii);
 (ii)in subparagraph (B)— (I)by striking clause (vii); and
 (II)by redesignating clause (viii) as clause (vii); (iii)in subparagraph (C), in the first sentence, by striking subparagraphs (A), (B), and (D) and inserting subparagraphs (A) and (B);
 (iv)by striking subparagraph (D); (v)by redesignating subparagraph (E) as subparagraph (D); and
 (vi)in subparagraph (D)(i), as so redesignated, by striking subparagraphs (C) and (D) and inserting subparagraph (C); (B)by striking paragraph (4); and
 (C)by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively; (3)in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by striking , marihuana,;
 (4)in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking , marihuana,; (5)in section 418(a) (21 U.S.C. 859(a)), by striking the last sentence;
 (6)in section 419(a) (21 U.S.C. 860(a)), by striking the last sentence; (7)in section 422(d) (21 U.S.C. 863(d))—
 (A)in the matter preceding paragraph (1), by striking marijuana,; and (B)in paragraph (5), by striking , such as a marihuana cigarette,; and
 (8)in section 516(d) (21 U.S.C. 886(d)), by striking section 401(b)(6) each place the term appears and inserting section 401(b)(5). (d)Other conforming amendments (1)National Forest System Drug Control Act of 1986The National Forest System Drug Control Act of 1986 (16 U.S.C. 559b et seq.) is amended—
 (A)in section 15002(a) (16 U.S.C. 559b(a)) by striking marijuana and other; (B)in section 15003(2) (16 U.S.C. 559c(2)) by striking marijuana and other; and
 (C)in section 15004(2) (16 U.S.C. 559d(2)) by striking marijuana and other. (2)Interception of CommunicationsSection 2516 of title 18, United States Code, is amended—
 (A)in subsection (1)(e), by striking marihuana,; and (B)in subsection (2) by striking marihuana,.
					3.Ineligibility for certain funds
 (a)DefinitionsIn this section— (1)the term covered State means a State that has not enacted a statute legalizing marijuana in the State;
 (2)the term disproportionate arrest rate means— (A)the percentage of minority individuals arrested for a marijuana related offense in a State is higher than the percentage of the non-minority individual population of the State, as determined by the most recent census data; or
 (B)the percentage of low-income individuals arrested for a marijuana offense in a State is higher than the percentage of the population of the State that are not low-income individuals, as determined by the most recent census data;
 (3)the term disproportionate incarceration rate means the percentage of minority individuals incarcerated for a marijuana related offense in a State is higher than the percentage of the non-minority individual population of the State, as determined by the most recent census data;
 (4)the term low-income individual means an individual whose taxable income (as defined in section 63 of the Internal Revenue Code of 1986) is equal to or below the maximum dollar amount for the 15 percent rate bracket applicable to the individual under section 1 of the Internal Revenue Code of 1986;
 (5)the term marijuana has the meaning given the term marihuana in section 102 of the Controlled Substances Act (21 U.S.C. 802); and (6)the term minority individual means an individual who is a member of a racial or ethnic minority group.
				(b)Ineligibility for certain funds
 (1)In generalFor any fiscal year beginning after the date of enactment of this Act in which the Attorney General, acting through the Director of the Bureau of Justice Assistance, determines that a covered State has a disproportionate arrest rate or a disproportionate incarceration rate for marijuana offenses, the covered State—
 (A)shall not be eligible to receive any Federal funds for the construction or staffing of a prison or jail; and
 (B)shall be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the covered State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.
 (2)Funds for certain programmingFor purposes of paragraph (1)(A), Federal funds for the construction or staffing of a prison or jail shall not include Federal funds used by a prison or jail to carry out recidivism reduction programming or drug addiction treatment.
 (3)ReallocationAny amounts not awarded to a covered State because of a determination under paragraph (1) shall be deposited in the Community Reinvestment Fund established under section 4.
 (c)Expungement of marijuana offense convictionsEach Federal court shall issue an order expunging each conviction for a marijuana use or possession offense entered by the court before the date of enactment of this Act.
			(d)Sentencing review
 (1)In generalFor any individual who was sentenced to a term of imprisonment for a Federal criminal offense involving marijuana before the date of enactment of this Act and is still serving such term of imprisonment, the court that imposed the sentence, shall, on motion of the individual, the Director of the Bureau of Prisons, the attorney for the Government, or the court, conduct a sentencing hearing.
 (2)Potential reduced resentencingAfter a sentencing hearing under paragraph (1), a court may impose a sentence on the individual as if this Act, and the amendments made by this Act, were in effect at the time the offense was committed.
				(e)Right of action
 (1)In generalAn individual who is aggrieved by a disproportionate arrest rate or a disproportionate incarceration rate of a State may bring a civil action in an appropriate district court of the United States.
 (2)ReliefIn a civil action brought under this subsection in which the plaintiff prevails, the court shall— (A)grant all necessary equitable and legal relief, including declaratory relief; and
 (B)issue an order requiring the Attorney General, acting through the Director of the Bureau of Justice Assistance, to—
 (i)declare the State to be ineligible to receive any Federal funds for the construction or staffing of a prison or jail in accordance with subsection (b)(1)(A); and
 (ii)reduce grant funding of the State in accordance with subsection (b)(1)(B). 4.Community Reinvestment Fund (a)EstablishmentThere is established in the Treasury of the United States a fund, to be known as the Community Reinvestment Fund (referred to in this section as the Fund).
 (b)DepositsThe Fund shall consist of— (1)any amounts not awarded to a covered State because of a determination under section 3(b)(1); and
 (2)any amounts otherwise appropriated to the Fund. (c)Use of Fund amountsAmounts in the Fund shall be available to the Secretary of Housing and Urban Development to establish a grant program to reinvest in communities most affected by the war on drugs, which shall include providing grants to impacted communities for programs such as—
 (1)job training; (2)reentry services;
 (3)expenses related to the expungement of convictions; (4)public libraries;
 (5)community centers; (6)programs and opportunities dedicated to youth;
 (7)the special purpose fund discussed below; and (8)health education programs.
 (d)Availability of Fund amountsAmounts in the Fund shall be available without fiscal year limitation. (e)Authorization of appropriationsThere are authorized to be appropriated to the Fund $500,000,000 for each of fiscal years 2018 through 2040.


		I
		112th CONGRESS
		1st Session
		H. R. 667
		IN THE HOUSE OF REPRESENTATIVES

			February 11, 2011
			Ms. Linda T. Sánchez of
			 California (for herself, Ms. Brown of
			 Florida, Mr. Ellison,
			 Mr. Filner,
			 Mr. Grijalva,
			 Ms. Norton,
			 Mr. Holt, Mrs. Napolitano, Mr.
			 Ryan of Ohio, and Ms. Loretta Sanchez
			 of California) introduced the following bill; which was referred to
			 the Committee on Education and the
			 Workforce

		A BILL
		To amend the Elementary and Secondary Education Act of
		  1965 to create a demonstration project to fund additional secondary school
		  counselors in troubled title I schools to reduce the dropout
		  rate.

		1.Short titleThis Act may be cited as the
			 Put School Counselors Where They’re
			 Needed Act.
		2.Demonstration
			 project for additional secondary school counselorsPart
			 H of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
			 6551 et seq.) is amended by adding at the end the following:

				3Demonstration
				project for additional secondary school counselors
					1841.FindingsThe Congress finds the following:
						(1)Nationally, only 70 percent of students
				graduate from high school with a regular high school diploma.
						(2)Every school day,
				7,000 American high school students become dropouts.
						(3)High school
				students living in low-income families drop out of school at three times the
				rate of their peers from high-income families.
						(4)Only about 55
				percent of African-American students and 52 percent of Hispanic students
				graduate on time from high school with a regular diploma, compared to 78
				percent of White students.
						(5)The dropout rate
				for students with disabilities is approximately twice that of general education
				students.
						(6)High school is the
				final transition into adulthood and the world of work as students begin
				separating from parents and exploring and defining their independence. Students
				who are deciding who they are and what they will do when they graduate face
				many pressures, including high-stakes testing, the challenges of college
				admissions, the scholarship and financial aid application process, and entrance
				into a competitive job market. They need guidance in these complex decisions,
				which have serious and life changing consequences.
						(7)School counseling
				programs are essential for students to achieve optimal personal growth, acquire
				positive social skills and values, set appropriate career goals, and realize
				full academic potential to become productive, contributing members of the world
				community.
						(8)Professional
				secondary school counselors are highly qualified educators with a mental health
				perspective who understand and respond to the challenges presented by today’s
				diverse student population.
						(9)The professional
				secondary school counselor holds a master’s degree or higher in school
				counseling (or the substantial equivalent), and is certified or licensed by the
				State in which the counselor works.
						(10)Professional
				secondary school counselors are integral to the total educational program. They
				provide proactive leadership that engages all stakeholders in the delivery of
				programs and services to help the student achieve success in school.
				Professional secondary school counselors align and work with the school’s
				mission to support the academic achievement of all students as they prepare for
				the ever-changing world of the 21st century.
						(11)Professional secondary school counselors’
				opportunities to assist students are often hindered by extraordinarily high
				student-to-counselor ratios. Currently, the average student-to-counselor ratio
				in America’s public schools is 457 to 1. The American School Counselor
				Association, the American Counseling Association, and the National Association
				for College Admissions Counseling all recommend a ratio of one school counselor
				to 250 students and a lower ratio for counselors working primarily with
				students at risk.
						1842.Demonstration
				project
						(a)In
				generalFrom amounts made available to carry out this subpart,
				the Secretary shall carry out a demonstration project under which the Secretary
				makes grants on a competitive basis to secondary schools that receive funds
				under this title and have a four-year adjusted cohort graduation rate of 60
				percent or lower.
						(b)GrantsA grant under this subpart shall be for a
				period of 4 years and may be used—
							(1)to provide
				additional school counselors during that period; and
							(2)to provide
				additional resources (such as professional development expenses or travel
				expenses for home visits, and any services and materials referred to in
				subsection (d)) and to pay overhead expenses.
							(c)Sense of
				CongressIt is the sense of Congress that a participating school
				should aim to provide, under subsection (b)(1), one additional counselor per
				250 students at risk.
						(d)Scope of
				counselingThe additional
				school counselors shall identify students who are at risk of not graduating in
				4 years and shall provide counseling primarily to those students. The
				counselors may identify such students at any time, but shall strive to identify
				them before they enter grade 9. Services shall be provided as long as
				necessary, including to the extent allowable and appropriate, after the
				student’s cohort graduation date. The counseling provided—
							(1)may include a full
				panoply of services, including an individual graduation plan and other
				resources, such as appropriate course placement and supplemental services (to
				include not only supplemental educational services tutoring if available at the
				school site, but also other tutoring as necessary, along with supplemental
				books and materials); and
							(2)shall include
				meetings with each student so identified and with the teachers, tutors,
				supplemental educational services providers, and parents of the student, and
				may also include meetings with other relevant individuals, such as a probation
				officer, mentor, coach, or employer of the student.
							(e)Supplement not
				supplantFunds under this subpart shall be used to supplement,
				not supplant, funds from non-Federal sources. The additional school counselors
				provided through funds under this subpart must be in addition to any employees
				who work in the secondary school guidance or counseling office, such as
				counselors, college admissions specialists, career development specialists,
				guidance information specialists, or any other professional or
				paraprofessional.
						(f)Additional grant
				periods
							(1)In
				generalA school that receives a grant under this subpart and
				demonstrates adequate improvement over the period of the grant is eligible to
				receive a second grant for a second period. If the school again demonstrates
				adequate improvement over that second period, the school is eligible to receive
				a third grant for a third period. The third grant shall provide amounts that
				decrease for each year of the third period and require the school to provide
				corresponding increases in non-Federal funds.
							(2)Adequate
				improvementFor purposes of
				paragraph (1), a school demonstrates adequate improvement over a grant period
				if the four-year adjusted cohort graduation rate increases (or is projected to
				increase) by 10 percent or more over that period.
							(g)SelectionThe
				Secretary shall carry out the demonstration project in at least 10 schools. The
				first five schools selected to participate shall each be from a different
				State.
						1843.DefinitionsFor purposes of this subpart:
						(1)Four-year
				adjusted cohort graduation rateThe term four-year adjusted cohort
				graduation rate means the number of students who earned a regular high
				school diploma at the conclusion of their fourth year, before their fourth
				year, or during a summer session immediately following their fourth year,
				divided by the number of students who formed the adjusted cohort for that
				graduating class.
						(2)Adjusted
				cohort
							(A)In
				generalSubject to the other subparagraphs of this paragraph, the
				term adjusted cohort means the students who entered grade 9
				together, and any students that transferred into the cohort in grade 9 through
				12 minus any students removed from the cohort.
							(B)Transfers
				inThe term transfers in means the students who
				enroll or re-enroll after the beginning of the entering cohort’s first year in
				high school, up to and including in grade 12.
							(C)Cohort
				removalTo remove students from the cohort, the school or local
				educational agency must confirm that the student—
								(i)has transferred
				out;
								(ii)is in the custody
				of the juvenile justice system; or
								(iii)is
				deceased.
								(D)Transfers
				outThe term transfers
				out means the students the school or local educational agency has
				confirmed have transferred to another school, local educational agency, or
				other educational program for which they are expected to receive a regular high
				school diploma. Confirmation of a student’s transfer to another school, local
				educational agency, or program requires formal documentation that the student
				enrolled in the receiving school. Students enrolled in a GED or other
				alternative educational program that does not issue or provide credits toward
				the issuance of a regular high school diploma are not considered transfers out.
				Students who were enrolled, but for whom there is no confirmation of transfer
				or completion, may not be labeled transfers or errors, but must remain in the
				cohort as non-graduates for reporting and accountability purposes.
							(E)Treatment of
				other leavers and withdrawalsStudents who were retained in
				grade, enrolled in a GED program, or left school for any other reason may not
				be counted as transfers out for the purpose of calculating graduation rates and
				must remain in the adjusted cohort.
							(F)Special
				ruleFor those high schools
				that start after ninth grade, the cohort shall be calculated based on the
				earliest high school grade.
							(3)Regular high
				school diploma
							(A)In
				generalThe term
				regular high school diploma means the standard high school diploma
				awarded to the preponderance of students in the State that is fully aligned
				with State standards, or a higher diploma, and does not include GEDs,
				certificates of attendance, or any lesser diploma award.
							(B)Special
				ruleFor those students who
				have significant cognitive disabilities and are assessed using an alternate
				assessment aligned to alternate achievement standards, receipt of a regular
				high school diploma or State-defined alternate diploma aligned with completion
				of their entitlement under the Individuals with Disabilities Education Act
				shall be counted as graduates with a regular high school diploma for the
				purposes of this Act. No more than one percent of students can be counted as
				graduates with a regular high school diploma under this subparagraph.
							1844.Authorization
				of appropriationsThere are
				authorized to be appropriated to carry out this subpart $5,000,000 for each of
				fiscal years 2012 through
				2015.
					.


114 HR 1028 IH: Return of Certain Lands At Fort Wingate to The Original Inhabitants Act
U.S. House of Representatives
2015-02-24
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
		114th CONGRESS
		1st Session
		H. R. 1028
		IN THE HOUSE OF REPRESENTATIVES

			February 24, 2015
			Mr. Pearce (for himself and Mr. Young of Alaska) introduced the following bill; which was referred to the Committee on Natural Resources

		A BILL
		To provide for the implementation of the negotiated property division regarding Former Fort Wingate
			 Depot Activity in McKinley County, New Mexico, and for other purposes.

 1.Short titleThis Act may be cited as the Return of Certain Lands At Fort Wingate to The Original Inhabitants Act. 2.FindingsCongress finds the following:
 (1)In January 1993, the active mission of the Fort Wingate Activity Depot located in McKinley County, New Mexico (in this Act referred to as Former Fort Wingate Depot Activity), ceased, and the installation was closed pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note).
 (2)The lands occupied by the Former Fort Wingate Depot Activity were originally the ancestral lands of both the Zuni Tribe and Navajo Nation, as indicated by the ancestral history and large number of archaeological and cultural sites identified on the lands.
 (3)The Secretary of the Interior, with the support of the Zuni Tribe, the Navajo Nation, and other concerned parties, determined that upon completion of environmental remediation of Former Fort Wingate Depot Activity, lands no longer needed by the Department of the Army would be transferred to the Secretary of the Interior and held in trust by the United States for the benefit of the Zuni Tribe and the Navajo Nation.
 (4)On July 8, 2013, the Zuni Tribe and the Navajo Nation, acting through the respective tribal leadership, who received authority from their tribal governments to enter into good faith discussions, and through their respective legal representatives, met in the Capitol office of Congressman Don Young, with Congressman Ben Ray Luján and Congressman Steve Pearce present, for final discussions to fairly divide Former Fort Wingate Depot Activity.
 (5)In the resulting discussions, the tribal leaders informally agreed to the property divisions reflected in the map titled Fort Wingate Depot Activity Negotiated Property Divisions July 2013 prepared by the Army Corps of Engineers (in this Act referred to as the Map), and the land division outlined in section 3 was created in consultation with the Zuni Tribe and the Navajo Nation.
 (6)This Act achieves the goal of fairly dividing Former Fort Wingate Depot Activity for the benefit of the Zuni Tribe and the Navajo Nation.
			3.Division and treatment of lands of former Fort Wingate Depot Activity, New Mexico, to benefit the
			 Zuni Tribe and Navajo Nation
 (a)Immediate trust on behalf of Zuni Tribe; ExceptionSubject to valid existing rights and to easements reserved pursuant to section 4, all right, title, and interest of the United States in and to the lands of Former Fort Wingate Depot Activity depicted in blue on the Map and transferred to the Secretary of the Interior are to be held in trust by the Secretary of the Interior for the Zuni Tribe as part of the Zuni Reservation, unless the Zuni Tribe otherwise elects under subparagraphs (B) and (C) of subsection (c)(3) to have the parcel conveyed to it in Restricted Fee Status.
 (b)Immediate trust on behalf of the Navajo Nation; ExceptionSubject to valid existing rights and to easements reserved pursuant to section 4, all right, title, and interest of the United States in and to the lands of Former Fort Wingate Depot Activity depicted in blue on the Map and transferred to the Secretary of the Interior are to be held in trust by the Secretary of the Interior for the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation otherwise elects under subsection (c)(3) to have the parcel conveyed to it in Restricted Fee Status.
			(c)Subsequent transfer and trust; restricted fee status alternative
 (1)Transfer upon completion of remediationNot later than 60 days after the date on which the New Mexico Environmental Department certifies that remediation of a parcel of land of Former Fort Wingate Depot Activity has been completed consistent with section 5, the Secretary of the Army shall transfer administrative jurisdiction over the parcel to the Secretary of the Interior.
 (2)Notification of transferNot later than 30 days after the date on which the Secretary of the Interior assumes administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity under paragraph (1), the Secretary of the Interior shall notify the Zuni Tribe and Navajo Nation of the transfer of administrative jurisdiction over the parcel.
				(3)Trust or restricted fee status
 (A)TrustExcept as provided in subparagraph (B), the Secretary of the Interior shall hold each parcel of land of Former Fort Wingate Depot Activity transferred under paragraph (1) in trust—
 (i)for the Zuni Tribe, in the case of land depicted in blue on the Map; or (ii)for the Navajo Nation, in the case of land depicted in green on the Map.
 (B)Restricted fee status alternativeIn lieu of having a parcel of land held in trust under subparagraph (A), the Zuni Tribe, with respect to land depicted in blue on the Map, and the Navajo Nation, with respect to land depicted in green on the Map, may elect to have the Secretary of the Interior convey the parcel or any portion of the parcel to it in restricted fee status.
 (C)Notification of electionNot later than 45 days after the date on which the Zuni Tribe or the Navajo Nation receives notice under paragraph (2) of the transfer of administrative jurisdiction over a parcel of land of Former Fort Wingate Depot Activity, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Interior of an election under subparagraph (B) for conveyance of the parcel or any portion of the parcel in restricted fee status.
 (D)ConveyanceAs soon as practicable after receipt of a notice from the Zuni Tribe or the Navajo Nation under subparagraph (C), but in no case later than 6 months after receipt of the notice, the Secretary of the Interior shall convey, in restricted fee status, the parcel of land of Former Fort Wingate Depot Activity covered by the notice to the Zuni Tribe or the Navajo Nation, as the case may be.
 (E)Restricted fee status definedFor purposes of this Act only, the term restricted fee status, with respect to land conveyed under subparagraph (D), means that the land so conveyed— (i)shall be owned in fee by the Indian tribe to whom the land is conveyed;
 (ii)shall be part of the Indian tribe’s Reservation and expressly made subject to the jurisdiction of the Indian tribe;
 (iii)shall not be sold by the Indian tribe without the consent of Congress; (iv)shall not be subject to taxation by any government other than the government of the Indian tribe; and
 (v)shall not be subject to any provision of law providing for the review or approval by the Secretary of the Interior before an Indian tribe may use the land for any purpose, directly or through agreement with another party.
						(d)Survey and boundary requirements
 (1)In generalThe Secretary of the Interior shall— (A)provide for the survey of lands of Former Fort Wingate Depot Activity taken into trust for the Zuni Tribe or the Navajo Nation or conveyed in restricted fee status for the Zuni Tribe or the Navajo Nation under subsection (a), (b), or (c); and
 (B)establish legal boundaries based on the Map as parcels are taken into trust or conveyed in restricted fee status.
 (2)ConsultationNot later than 90 days after the date of the enactment of this Act, the Secretary of the Interior shall consult with the Zuni Tribe and the Navajo Nation to determine their priorities regarding the order in which parcels should be surveyed, and, to the greatest extent feasible, the Secretary shall follow these priorities.
 (e)Relation to certain regulationsPart 151 of title 25, Code of Federal Regulations, shall not apply to taking lands of Former Fort Wingate Depot Activity into trust under subsection (a), (b), or (c).
			4.Retention of necessary easements and access
 (a)Easements for cleanup and remediationThe lands of Former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status pursuant to section 3 shall be subject to reservation by the United States of such easements as the Secretary of the Army determines are reasonably required to permit access to lands of Former Fort Wingate Depot Activity for administrative, environmental cleanup, and environmental remediation purposes. The Secretary of the Army shall provide to the governments of the Zuni Tribe and the Navajo Nation written copies of all easements reserved under this subsection.
			(b)Shared access
 (1)Parcel 1 shared cultural and religious accessIn the case of the lands of Former Fort Wingate Depot Activity depicted as Parcel 1 on the Map, the lands shall be held in trust subject to a shared easement for cultural and religious purposes only. Both the Zuni Tribe and the Navajo Nation shall have unhindered access to their respective cultural and religious sites within Parcel 1. Within 1 year after the date of the enactment of this Act, the Zuni Tribe and the Navajo Nation shall exchange detailed information to document the existence of cultural and religious sites within Parcel 1 for the purpose of carrying out this paragraph. The information shall also be provided to the Secretary of the Interior.
 (2)Other shared accessSubject to the written consent of both the Zuni Tribe and the Navajo Nation, the Secretary of the Interior may facilitate shared access to other lands held in trust or restricted fee status pursuant to section 3, including, but not limited to, religious and cultural sites.
 (c)I–40 Frontage road entranceThe access road for the Former Fort Wingate Depot Activity, which originates at the frontage road for Interstate 40 and leads to the parcel of the Former Fort Wingate Depot Activity depicted as administration area on the Map, shall be held in common by the Zuni Tribe and Navajo Nation to provide for equal access to Former Fort Wingate Depot Activity.
 (d)Department of Defense Access to Missile Defense Agency facilityLands held in trust or conveyed in Restricted Fee Status pursuant to section 3 shall be subject to easements reasonably required to permit access to the Missile Defense Agency facility as needed by the Department of Defense.
			5.Environmental remediation
 (a)Responsibility for cleanupNothing in this Act shall be construed as alleviating, altering, or affecting the responsibility of the United States for cleanup and remediation of Former Fort Wingate Depot Activity according to the terms previously agreed to by the Secretary of the Army and the New Mexico Environment Department.
 (b)LiabilityNeither the Zuni Tribe nor the Navajo Nation shall be liable for any damages resulting from Department of the Army activities on Former Fort Wingate Depot Activity or the use by the Department of the Army of hazardous substances, toxic substances, heavy metals, explosives, pollutants, contaminants, waste or petroleum products, or any combination thereof, regardless of when the contamination is discovered or where it has spread.
			(c)Treatment of claims against tribes
 (1)In generalThe Zuni Tribe and the Navajo Nation shall be held harmless from any claim, suit, demand, judgment, cost, or fee arising from Department of the Army activities on or off the Former Fort Wingate Depot Activity site, or the prior use of hazardous substances, toxic substances, heavy metals, explosives, pollutants, contaminants, waste or petroleum products, or any combination thereof, regardless of when the contamination is discovered or where it has spread.
 (2)Notification requirementAfter a parcel of land of Former Fort Wingate Depot Activity has been transferred or conveyed under section 3, the Zuni Tribe or the Navajo Nation shall notify the Secretary of the Army of the existence or discovery of any contamination or hazardous material on the parcel.
 (d)Effect of environmental certificationCertification by the New Mexico Environment Department that a parcel of land of Former Fort Wingate Depot Activity has been fully remediated shall satisfy all Federal environmental requirements necessary for the Secretary of the Army and the Secretary of the Interior to carry out their responsibilities to transfer or convey the parcel under section 3.


		II

		109th CONGRESS

		1st Session

		S. 324

		IN THE SENATE OF THE UNITED STATES

			February 9, 2005

			Mr. Akaka (for himself,

			 Mr. Bingaman, Mr. Sarbanes, Mr.

			 Dayton, and Mr. Durbin)

			 introduced the following bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To provide additional protections for

		  recipients of the earned income tax credit.

			1.

			Short title

			This Act may be cited as the

			 Taxpayer Abuse Prevention

			 Act.

			2.

			Prevention of diversion of earned income tax credit

			 benefits

				(a)

				In general

				Section 32 of the Internal

			 Revenue Code of 1986 (relating to earned income tax credit) is amended by

			 adding at the end the following new subsection:

						(n)

						Prevention of diversion of credit benefits

						The right of any individual

				to any future payment of the credit under this section shall not be

				transferable or assignable, at law or in equity, and such right or any moneys

				paid or payable under this section shall not be subject to any execution, levy,

				attachment, garnishment, offset, or other legal process except for any

				outstanding Federal obligation. Any waiver of the protections of this

				subsection shall be deemed null, void, and of no effect.

					.

				(b)

				Effective date

				The amendment made by this

			 section shall take effect on the date of the enactment of this Act.

			3.

			Prohibition on debt collection offset

				(a)

				In general

				No person shall, directly or

			 indirectly, individually or in conjunction or in cooperation with another

			 person, engage in the collection of an outstanding or delinquent debt for any

			 creditor or assignee by means of soliciting the execution of, processing,

			 receiving, or accepting an application or agreement for a refund anticipation

			 loan or refund anticipation check that contains a provision permitting the

			 creditor to repay, by offset or other means, an outstanding or delinquent debt

			 for that creditor from the proceeds of the debtor’s Federal tax refund.

				(b)

				Refund anticipation loan

				For purposes of subsection

			 (a), the term refund anticipation loan means a loan of money or of

			 any other thing of value to a taxpayer because of the taxpayer’s anticipated

			 receipt of a Federal tax refund.

				(c)

				Effective date

				This section shall take

			 effect on the date of the enactment of this Act.

			4.

			Prohibition of mandatory arbitration

				(a)

				In general

				Any person that provides a

			 loan to a taxpayer that is linked to or in anticipation of a Federal tax refund

			 for the taxpayer may not include mandatory arbitration of disputes as a

			 condition for providing such a loan.

				(b)

				Effective date

				This section shall apply to

			 loans made after the date of the enactment of this Act.

			5.

			Termination of Debt Indicator program

			The Secretary of the Treasury

			 shall terminate the Debt Indicator program announced in Internal Revenue

			 Service Notice 99–58.

			6.

			Determination of electronic filing goals

				(a)

				In general

				Any electronically filed

			 Federal tax returns, that result in Federal tax refunds that are distributed by

			 refund anticipation loans, shall not be taken into account in determining if

			 the goals required under section 2001(a)(2) of the Restructuring and Reform Act

			 of 1998 that the Internal Revenue Service have at least 80 percent of all such

			 returns filed electronically by 2007 are achieved.

				(b)

				Refund anticipation loan

				For purposes of subsection

			 (a), the term refund anticipation loan means a loan of money or of

			 any other thing of value to a taxpayer because of the taxpayer’s anticipated

			 receipt of a Federal tax refund.

			7.

			Expansion of eligibility for electronic transfer

			 accounts

				(a)

				In general

				The last sentence of section

			 3332(j) of title 31, United States Code, is amended by inserting other

			 than any payment under section 32 of such Code after

			 1986.

				(b)

				Effective date

				The amendment made by this

			 section shall apply to payments made after the date of the enactment of this

			 Act.

			8.

			Program to encourage the use of the advance earned income tax

			 credit

				(a)

				In general

				Not later than 6 months after

			 the date of the enactment of this Act, the Secretary of the Treasury shall,

			 after consultation with such private, nonprofit, and governmental entities as

			 the Secretary determines appropriate, develop and implement a program to

			 encourage the greater utilization of the advance earned income tax

			 credit.

				(b)

				Reports

				Not later than the date of

			 the implementation of the program described in subsection (a), and annually

			 thereafter, the Secretary of the Treasury shall report to the Committee on

			 Finance of the Senate and the Committee on Ways and Means of the House of

			 Representatives on the elements of such program and progress achieved under

			 such program.

				(c)

				Authorization of appropriations

				There is authorized to be

			 appropriated such sums as are necessary to carry out the program described in

			 this section. Any sums so appropriated shall remain available until

			 expended.

			9.

			Program to link taxpayers with direct deposit accounts at

			 federally insured depository institutions

				(a)

				Establishment of program

				Not later than 1 year after

			 the date of the enactment of this Act, the Secretary of the Treasury shall

			 enter into cooperative agreements with federally insured depository

			 institutions to provide low- and moderate-income taxpayers with the option of

			 establishing low-cost direct deposit accounts through the use of appropriate

			 tax forms.

				(b)

				Federally insured depository institution

				For purposes of this section,

			 the term federally insured depository institution means any

			 insured depository institution (as defined in section 3 of the

			 Federal Deposit Insurance Act

			 (12 U.S.C.

			 1813)) and any insured credit union (as defined in

			 section

			 101 of the Federal Credit Union

			 Act (12

			 U.S.C. 1752)).

				(c)

				Operation of program

				In providing for the

			 operation of the program described in subsection (a), the Secretary of the

			 Treasury is authorized—

					(1)

					to consult with such private

			 and nonprofit organizations and Federal, State, and local agencies as

			 determined appropriate by the Secretary, and

					(2)

					to promulgate such

			 regulations as necessary to administer such program.

				(d)

				Authorization of appropriations

				There is authorized to be

			 appropriated such sums as are necessary to carry out the program described in

			 this section. Any sums so appropriated shall remain available until

			 expended.


113 HR 4563 IH: College Preparation Tax Credit Act of 2014
U.S. House of Representatives
2014-05-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4563
		IN THE HOUSE OF REPRESENTATIVES

			May 2, 2014
			Mr. Israel introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide a tax credit for certain expenses relating to
			 applying to college.

		1.Short titleThis Act may be cited as the College Preparation Tax Credit Act of 2014.
		2.Tax credit for college preparation expenses
			(a)In generalSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended
			 by inserting after section 25D the following new section:

					25E.Credit for college preparation expenses
						(a)Allowance of creditIn the case of an individual, there shall be allowed as a credit against the tax imposed by this
			 chapter for such taxable year an amount equal to so much of the qualified
			 college preparation expenses paid or incurred by the taxpayer during such
			 taxable year as does not exceed $500.
						(b)Qualified college preparation expensesFor purposes of this section, the term qualified college preparation expenses means amounts paid or incurred for—
							(1)fees required for taking any Advanced Placement or International Baccalaureate exam,
							(2)fees required for taking the SAT, the ACT, or any SAT Subject Test,
							(3)expenses related to preparation (including tutorial services and preparation classes) for any exam
			 described in paragraph (1) or (2),
							(4)fees and expenses related to applications for admission to pursue a postsecondary course of study
			 at an eligible educational institution (as defined in section 25A(f)(2)),
			 and
							(5)such other similar expenses and fees as the Secretary may by regulation prescribe.
							(c)ElectionNo credit shall be allowed under subsection (a) with respect to any expenses paid or incurred
			 during the taxable year with respect to any individual for whom an
			 election is not in effect under this section for such taxable year.
						(d)Credit allowed only for 3 taxable yearsAn election under this section with respect to any individual may not be made for any taxable year
			 if such an election is in effect with respect to such individual for any 3
			 prior taxable years.
						(e)Treatment of expenses paid by dependentIf a deduction under section 151 with respect to an individual is allowed to another taxpayer for a
			 taxable year beginning in the calendar year in which such individual’s
			 taxable year begins—
							(1)no credit shall be allowed under subsection (a) to such individual for such individual’s taxable
			 year, and
							(2)qualified college preparation expenses paid by such individual during such individual’s taxable
			 year shall be treated for purposes of this section as paid by such other
			 taxpayer..
			(b)Clerical amendmentThe table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue
			 Code of 1986 is amended by inserting after the item relating to section
			 25D the following new item:

						Sec. 25E. Credit for college preparation expenses..
			(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the
			 enactment of this Act.


IV
One Hundred Twelfth Congress of the United States of America
At the Second SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and twelve
H. CON. RES. 96

January 23, 2012
Agreed to

CONCURRENT RESOLUTION
Providing for a joint session of Congress to receive a message from the President.

That the two Houses of Congress assemble in the Hall of the House of Representatives on Tuesday, January 24, 2012, at 9 p.m., for the purpose of receiving such communication as the President of the United States shall be pleased to make to them.

Clerk of the House of Representatives.Secretary of the Senate.


		VI
		112th CONGRESS
		1st Session
		S. 447
		IN THE SENATE OF THE UNITED STATES

			March 2, 2011
			Mrs. Feinstein
			 introduced the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		For the relief of Jose Alberto Martinez Moreno, Micaela
		  Lopez Martinez, and Adilene Martinez.

		1.Adjustment of status
			(a)In
			 generalNotwithstanding any other provision of law, for the
			 purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), Jose
			 Alberto Martinez Moreno, Micaela Lopez Martinez, and Adilene Martinez shall
			 each be deemed to have been lawfully admitted to, and remained in, the United
			 States, and shall be eligible for adjustment of status to that of an alien
			 lawfully admitted for permanent residence under section 245 of the Immigration
			 and Nationality Act (8 U.S.C. 1255) upon filing an application for such
			 adjustment of status.
			(b)Application and
			 payment of feesSubsection (a) shall apply only if the
			 application for adjustment of status is filed with appropriate fees not later
			 than 2 years after the date of the enactment of this Act.
			(c)Reduction of
			 immigrant visa numbersUpon the granting of permanent resident
			 status to Jose Alberto Martinez Moreno, Micaela Lopez Martinez, and Adilene
			 Martinez, the Secretary of State shall instruct the proper officer to reduce by
			 3, during the current or subsequent fiscal year, the total number of immigrant
			 visas that are made available to natives of the country of the birth of Jose
			 Alberto Martinez Moreno, Micaela Lopez Martinez, and Adilene Martinez under
			 section 202(e) or 203(a) of the Immigration and Nationality Act (8 U.S.C.
			 1152(e) and 1153(a)), as applicable.
			(d)PAYGOThe
			 budgetary effects of this Act, for the purpose of complying with the Statutory
			 Pay-As-You-Go Act of 2010, shall be determined by reference to the latest
			 statement titled Budgetary Effects of PAYGO Legislation for this
			 Act, submitted for printing in the Congressional Record by the Chairman of the
			 Senate Budget Committee, provided that such statement has been submitted prior
			 to the vote on passage.


116 S4534 IS: Online Freedom and Viewpoint Diversity Act
U.S. Senate
2020-09-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4534IN THE SENATE OF THE UNITED STATESSeptember 8, 2020Mr. Wicker (for himself, Mr. Graham, and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo amend section 230 of the Communications Act of 1934 to modify the scope of protection from civil liability for good Samaritan blocking and screening of offensive material.1.Short titleThis Act may be cited as the Online Freedom and Viewpoint Diversity Act.2.Protection from civil liability for good Samaritan blocking and screening of offensive materialSection 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended—(1)in subsection (c)—(A)in paragraph (1)—(i)by striking No provider and inserting the following:(A)In generalNo provider; and(ii)by adding at the end the following:(B)Applicability(i)In generalSubparagraph (A) shall not apply to any decision or agreement made or action taken by a provider or user of an interactive computer service to restrict access to or availability of material provided by another information content provider. (ii)Civil liabilityAny applicable immunity for a decision or agreement made or action taken by a provider or user of an interactive computer service described in clause (i) shall be provided solely by paragraph (2).; and(B)in paragraph (2)—(i)in subparagraph (A)—(I)by striking considers to be and inserting has an objectively reasonable belief is; and(II)by striking or otherwise objectionable and inserting promoting self-harm, promoting terrorism, or unlawful; and(ii)in subparagraph (B), by striking paragraph (1) and inserting subparagraph (A); and(2)in subsection (f)(3)—(A)by striking The term and inserting the following:(A)In generalThe term; and(B)by adding at the end the following:(B)ResponsibilityFor purposes of subparagraph (A), being responsible in whole or in part for the creation or development of information—(i)includes any instance in which a person or entity editorializes or affirmatively and substantively modifies the content of another person or entity; and(ii)does not include a change to the format, layout, or basic appearance of the content of another person or entity..


117 S97 IS: Medicare Dental Benefit Act of 2021
U.S. Senate
2021-01-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 97IN THE SENATE OF THE UNITED STATESJanuary 28, 2021Mr. Cardin (for himself, Mr. Brown, Mr. Merkley, Mr. Van Hollen, Mr. Blumenthal, and Mr. Casey) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XVIII of the Social Security Act to provide for coverage of dental services under the Medicare program.1.Short titleThis Act may be cited as the Medicare Dental Benefit Act of 2021.2.Coverage of dental services under the Medicare program(a)CoverageSection 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended—(1)in subparagraph (GG), by striking and at the end;(2)in subparagraph (HH), by striking the period at the end and inserting ; and; and(3)by adding at the end the following new subparagraph:(II)dental and oral health services (as defined in subsection (lll));.(b)Dental and oral health services definedSection 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection:(lll)Dental and oral Health ServicesThe term dental and oral health services means services (as defined by the Secretary) that are necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions, including—(1)routine diagnostic and preventive care such as dental cleanings, exams, and x-rays;(2)basic dental services such as fillings and extractions;(3)major dental services such as root canals, crowns, and dentures;(4)emergency dental care; and(5)other necessary services related to dental and oral health (as defined by the Secretary)..(c)Coverage of routine diagnostic and preventive care as a preventive serviceSection 1861(ddd)(3) of the Social Security Act (42 U.S.C. 1395x(ddd)(3)) is amended by adding at the end the following new subparagraph:(D)Dental and oral health services described in paragraph (1) of subsection (lll), relating to routine diagnostic and preventive care..(d)Payment; coinsurance; and limitations(1)In generalSection 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended—(A)by striking “and” before “(DD)”; and(B)by inserting before the semicolon at the end the following: “and (EE) with respect to dental and oral health services (as defined in section 1861(lll), other than those services described in paragraph (1) of such section), the amount paid shall be the payment amount specified under section 1834(z).”.(2)Payment and limits specifiedSection 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection:(z)Payment and limits for dental and oral health services(1)In generalThe payment amount under this part for dental and oral health services (as defined in section 1861(lll), other than those services described in paragraph (1) of such section) shall be, subject to paragraph (3), the applicable percentage (specified in paragraph (2)) of the lesser of the actual charge for the services or the amount determined under the payment basis determined under section 1848.(2)Applicable percentage(A)In generalFor purposes of paragraph (1), subject to subparagraph (B), the applicable percentage specified in this paragraph is—(i)for the first year beginning at least 6 months after the date of the enactment of this subsection, 0 percent;(ii)for the year following the year specified in subparagraph (A) and each subsequent year through the seventh year following the year specified in subparagraph (A), the applicable percent specified in this paragraph for the previous year increased by 10 percentage points; and(iii)for the eighth year following the year specified in subparagraph (A) and each subsequent year, 80 percent.(B)Special rule for certain low-income individualsFor purposes of paragraph (1), with respect to dental and oral health services described in such paragraph that are furnished to an individual who is a subsidy eligible individual (as defined in section 1860D–14(a)(3)), or who would be a subsidy eligible individual if the individual were enrolled in a prescription drug plan or an MA–PD plan under part D, for the first year beginning at least 6 months after the date of the enactment of this subsection and each subsequent year, the applicable percent specified in this paragraph is 80 percent.(3)Limitations and Secretarial authority(A)FrequencyWith respect to dental and oral health services that are—(i)routine dental cleanings, payment may be made under this part for only two such cleanings during a 12-month period; and(ii)routine exams, payment may be made under this part for only two such exams during a 12-month period.(B)Secretarial authority(i)Authority to apply additional limitationsThe Secretary may apply such other reasonable limitations on the extent to which dental and oral services are covered under this part, including through application of a prior authorization requirement.(ii)Authority to modify coverageNotwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of dental and oral health services to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force.(iii)Authority to waive frequency limitationsThe Secretary may waive any frequency limitation or other limitation as described in this paragraph for an individual (or category of individuals) as determined appropriate by the Secretary..(e)Payment under physician fee scheduleSection 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w–4(j)(3)) is amended by striking risk assessment) , and inserting risk assessment), (2)(II),.(f)Dental prostheses(1)In generalSection 1861(s)(8) of the Social Security Act (42 U.S.C. 1395x(s)(8)) is amended—(A)by striking (other than dental) and inserting (including dental); and(B)by striking internal body.(2)Special payment rulesSection 1834(a) of the Social Security Act (42 U.S.C. 1395m(a)) is amended by adding at the end the following new paragraph:(23)Payment and limits for dental prostheses(A)In generalThe payment amount under this part for dental prostheses shall be, subject to subparagraph (C), the applicable percent (specified in subparagraph (B)) of the amount otherwise payable for such dental prostheses under this section.(B)Applicable percent(i)In generalFor purposes of subparagraph (A), subject to clause (ii), the applicable percent specified in this subparagraph is—(I)for the first year beginning at least 6 months after the date of the enactment of this paragraph, 0 percent;(II)for the year following the year specified in clause (i) and each subsequent year through the seventh year following the year specified in clause (i), the applicable percent specified in this subparagraph for the previous year increased by 10 percentage points; and(III)for the eighth year following the year specified in clause (i) and each subsequent year, 80 percent.(ii)Special rule for certain low-income individualsFor purposes of subparagraph (A), with respect to dental prostheses furnished to an individual who is a subsidy eligible individual (as defined in section 1860D–14(a)(3)), or who would be a subsidy eligible individual if the individual were enrolled in a prescription drug plan or an MA–PD plan under part D, for the first year beginning at least 6 months after the date of the enactment of this paragraph and each subsequent year, the applicable percent specified in this subparagraph is 80 percent.(C)Limitations and Secretarial authority(i)In generalPayment may be made under this part for an individual for—(I)not more than one full upper and one full lower dental prostheses once every five years; and(II)not more than one partial upper dental prostheses and one partial lower dental prostheses once every five years.(ii)Secretarial authority(I)Authority to apply additional limitationsThe Secretary may apply such other reasonable limitations on the extent to which dental prostheses are covered under this part, including through application of a prior authorization requirement.(II)Authority to modify coverageNotwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of dental prostheses to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force.(III)Authority to waive frequency limitationsThe Secretary may waive any frequency limitation or other limitation as described in this subparagraph for an individual (or category of individuals) as determined appropriate by the Secretary.(g)Repeal of ground for exclusionSection 1862(a) of the Social Security Act (42 U.S.C. 1395y) is amended by striking paragraph (12).(h)Effective dateThe amendments made by this section shall apply to services furnished on or after January 1, 2022.3.Increased FMAP for additional expenditures for medicare cost-sharing for dental and oral health servicesSection 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—(1)in subsection (b), by striking and (ff) and inserting (ff), and (ii); and(2)by adding at the end the following new subsection:(ii)Increased FMAP for additional expenditures for medicare cost-Sharing for dental and oral health servicesNotwithstanding subsection (b), with respect to the portion of the amounts expended by a State for medical assistance for medicare cost-sharing (as defined in subsection (p)(3)) for qualified medicare beneficiaries described in subsection (p)(1) that is attributable to the coverage under part B of title XVIII of dental and oral health services (as defined in section 1861(lll)), as determined by the Secretary, the Federal medical assistance percentage for a State that is one of the 50 States or the District of Columbia shall be equal to 100 percent..4.Preventive Services Taskforce(a)In generalSection 915(a)(1) of the Public Health Service Act (42 U.S.C. 299b–4(a)(1)) is amended, in the first sentence, by inserting , including at least 1 oral health professional after expertise.(b)Effective dateThe amendment made by subsection (a) shall take effect January 1, 2022.


109 HR 1991 IH: To extend the temporary suspension of duty with respect to Diclofop methyl.
U.S. House of Representatives
2005-04-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1991
IN THE HOUSE OF REPRESENTATIVES

April 28, 2005
Mr. Hastings of Washington introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To extend the temporary suspension of duty with respect to Diclofop methyl.

1.Diclofop methyl
(a)In generalSubheading 9902.30.16 of the Harmonized Tariff Schedule of the United States is amended by striking 12/31/2006 and inserting 12/31/2009.
(b)Effective dateThe amendment made by this section shall apply to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.