109 HR 1553 IH: Pakistan Proliferation Accountability Act of 2005
U.S. House of Representatives
2005-04-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1553
IN THE HOUSE OF REPRESENTATIVES

April 12, 2005
Mr. Ackerman (for himself, Ms. Ros-Lehtinen, Mr. Pallone, Mr. Crowley, Ms. Watson, and Mr. Menendez) introduced the following bill; which was referred to the Committee on International Relations

A BILL
To prohibit the provision of United States military assistance and the sale, transfer, or licensing of United States military equipment or technology to Pakistan.

1.Short titleThis Act may be cited as the Pakistan Proliferation Accountability Act of 2005.
2.FindingsCongress makes the following findings:
(1)Dr. Abdul Qadeer Khan, former director of the A.Q. Khan Research Laboratory in Pakistan and Special Adviser to the Prime Minister on the Strategic Programme with the status of a federal minister, established and operated an illegal international network which sold nuclear weapons and related technologies to a variety of countries.
(2)The illegal international nuclear proliferation network established by Dr. Khan provided North Korea with complete uranium enrichment centrifuges and designs and a list of components necessary to manufacture additional uranium enrichment centrifuges.
(3) Documents provided by the Government of Libya to the Government of the United States and the International Atomic Energy Agency (IAEA) indicate that the illegal international nuclear proliferation network established by Dr. Khan provided Libya with designs for a nuclear weapon, as well as for uranium enrichment centrifuges.
(4)In March 2005, the Government of Pakistan acknowledged that the illegal international nuclear proliferation network established by Dr. Khan provided uranium enrichment centrifuges to Iran.
(5)The Government of the United States still does not know the entire extent of the activities of the illegal international nuclear proliferation network established by Dr. Khan and the Government of Pakistan has not provided any opportunity for the United States Government to interview Dr. Khan directly.
3.Sense of CongressIt is the sense of Congress that—
(1)the Government of the United States has an interest in knowing the full extent of the illegal international nuclear proliferation network established and operated by the Pakistani nuclear scientist, Dr. Abdul Qadeer Khan, which sold nuclear weapons and related technologies to a variety of countries; and
(2)in order to ensure that the illegal international nuclear proliferation network established by Dr. Khan has been dismantled, Dr. Khan should give a full accounting of the activities and participants of the network to the United States Government.
4.Prohibition on United States military assistance to Pakistan
(a)ProhibitionNo United States military assistance may be provided to Pakistan and no military equipment or technology may be sold, transferred, or licensed for sale to Pakistan pursuant to the authorities contained in the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any other Act unless the President first certifies to the appropriate congressional committees that—
(1)the Government of Pakistan has provided the Government of the United States with unrestricted opportunities to interview the Pakistani nuclear scientist, Dr. Abdul Qadeer Khan, regarding the illegal international nuclear proliferation network established and operated by Dr. Khan;
(2)the Government of Pakistan has complied with requests for assistance from the International Atomic Energy Agency (IAEA) regarding the illegal international nuclear proliferation network, including by providing requested documents, materials, equipment, and access to individuals; and
(3)the Government of the United States—
(A)has determined the full scope of the activities and participants of the illegal international nuclear proliferation network;
(B)has determined the nature and extent of the illegal international nuclear proliferation network’s connection to al Qaeda and Osama bin Laden; and
(C)in conjunction with the International Atomic Energy Agency, has confirmed that the illegal international nuclear proliferation network has been completely dismantled.
(b)Inapplicability of certain provisionsThe prohibition contained in subsection (a) does not apply to any assistance or transfer for the purposes of any of the provisions of law specified in subparagraphs (A) through (D) of section 620E(e)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2375(e)(2)).
(c)DefinitionIn this section, the term appropriate congressional committees means—
(1)the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and
(2)the Committee on Foreign Relations and the Committee on Appropriations of the Senate.


IV
111th CONGRESS
2d Session
H. RES. 1611
In the House of Representatives, U. S.,

September 14, 2010

RESOLUTION
Expressing support for designation of the week beginning September 19, 2010, as National Hispanic-Serving Institutions Week.

Whereas Hispanic-Serving Institutions play an important role in educating many underprivileged students and helping them attain their full potential through higher education;
Whereas Hispanic-Serving Institutions are degree-granting institutions with a full-time-equivalent undergraduate enrollment of 25 percent or more Hispanic students;
Whereas there are currently approximately 260 Hispanic-Serving Institutions in the United States;
Whereas Hispanic-Serving Institutions are actively involved in stabilizing and improving their communities;
Whereas over 50 percent of the Nation’s Hispanic students attend Hispanic-Serving Institutions;
Whereas celebrating the vast contributions of Hispanic-Serving Institutions contributes to the strength and culture of the United States;
Whereas the achievements and goals of Hispanic-Serving Institutions are deserving of national recognition; and
Whereas the week of September 19, 2010, would be an appropriate week to designate as National Hispanic-Serving Institutions Week: Now, therefore, be it

That the House of Representatives—
(1)recognizes the achievements and goals of Hispanic-Serving Institutions across the United States;
(2)supports the designation of National Hispanic-Serving Institutions Week;
(3)requests the President to issue a proclamation designating National Hispanic-Serving Institutions Week; and
(4)calls on the people of the United States and interested groups to observe such week with appropriate ceremonies, activities, and programs to demonstrate support for Hispanic-Serving Institutions.

Lorraine C. Miller,Clerk.


114 SRES 216 IS: Recognizing the month of June 2015 as “Immigrant Heritage Month”, a celebration of the accomplishments and contributions immigrants and their children have made in shaping the history, strengthening the economy, and enriching the culture of the United States.
U.S. Senate
2015-06-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		114th CONGRESS
		1st Session
		S. RES. 216
		IN THE SENATE OF THE UNITED STATES

			June 25, 2015Mrs. Feinstein submitted the following resolution; which was referred to the Committee on the Judiciary

		RESOLUTION
		Recognizing the month of June 2015 as Immigrant Heritage Month, a celebration of the accomplishments and contributions immigrants and their children have made in
			 shaping the history, strengthening the economy, and enriching the culture
			 of the United States.

 Whereas the United States has always been a nation of immigrants and throughout the history of the United States immigrants from around the globe and their children have—
 (1)kept the workforce of the United States vibrant; (2)kept the businesses of the United States on the cutting edge; and
 (3)helped build the greatest economic engine in the world; Whereas the entrepreneurial drive and spirit of the United States—
 (1)is built on the diversity of the origins of the people of the United States; (2)drew the first immigrants to the United States; and
 (3)continues to drive business in the United States; Whereas the success of the United States is a result of the many distinct experiences of the people of the United States, not in spite of those distinct experiences;
 Whereas, as a nation of immigrants, the people of the United States must remember the generations of pioneers that helped—
 (1)lay railroads and build cities; (2)develop new industries; and
 (3)fuel the Information Age, from the telegraph to the smartphone; Whereas more than 70 percent of agricultural workers in the United States are foreign born, and these workers keep California and farms in the United States in business and feed families in the United States;
 Whereas immigrants start more than one-fourth of all new businesses in the United States and immigrants or their children start more than 40 percent of Fortune 500 companies;
 Whereas those businesses collectively employ tens of millions of people in the United States and generate more than $4,500,000,000,000 in annual revenue;
 Whereas immigrants to the United States contribute greatly to advances in technology and sciences; Whereas, as of the date of introduction of this resolution, 14 percent of employed college graduates and 50 percent of individuals with doctorate degrees working in mathematics and computer science occupations in the United States are immigrants;
 Whereas between 2006 and 2012, 44 percent of new technology start-ups in Silicon Valley (widely known as the international hub for technological development and innovation) had at least 1 immigrant founder;
 Whereas the work of immigrants has directly enriched the culture of the United States by influencing the performing arts (from Broadway to Hollywood), academia, art, music, literature, media, fashion, cuisine, customs, and cultural celebrations enjoyed across the United States;
 Whereas generations of immigrants have come to the shores of the United States from all corners of the globe;
 Whereas immigrants fought tirelessly in the Revolutionary War and continue to defend the ideals of the United States;
 Whereas, as of June 2015, more than 30,000 lawful permanent residents are serving in the United States Armed Forces;
 Whereas between 2002 and 2015, more than 102,000 men and women, including individuals serving in Iraq, Afghanistan, South Korea, Germany, Japan, and elsewhere, have become United States citizens while wearing the uniform of the United States military;
 Whereas Congress represents a rich diversity of communities across the United States and works closely with diaspora leaders from more than 60 ethnic caucuses to ensure that the voices of people of the United States of all backgrounds are heard; and
 Whereas the United States was founded on the universal promise that all people are created equal: Now, therefore, be it

 That the Senate— (1)recognizes June 2015 as Immigrant Heritage Month in honor of the accomplishments and contributions of immigrants and their children in shaping the history and culture of the United States;
 (2)pledges to celebrate immigrant contributions to, and immigrant heritage in, each State; and (3)encourages the people of the United States to commemorate the history of immigrants in the United States and to always remember the immigrant roots of the United States.


		II
		111th CONGRESS
		1st Session
		S. 2762
		IN THE SENATE OF THE UNITED STATES

			November 10, 2009
			Mr. Udall of Colorado
			 (for himself and Mr. Bennet) introduced
			 the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To designate certain lands in San Miguel, Ouray, and San
		  Juan Counties, Colorado, as wilderness, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 San Juan Mountains Wilderness Act of
			 2009.
		2.DefinitionsIn this Act:
			(1)Covered
			 LandThe term covered
			 land means—
				(A)lands designated as wilderness under
			 section 3 or section 4; and
				(B)lands designated as a special management
			 area under section 4.
				(2)Nonconforming
			 useThe term nonconforming use means any
			 commercial helicopter-assisted skiing or snowboarding activities within the
			 lands designated as a special management area under section 4 that have been
			 authorized by the Secretary as of the date of enactment of this Act.
			(3)SecretaryThe term Secretary means the
			 Secretary of the Interior or the Secretary of Agriculture, as
			 appropriate.
			(4)StateThe
			 term State means the State of Colorado.
			3.Additions to the
			 Wilderness Preservation System
			(a)DesignationIn accordance with the Wilderness Act (16
			 U.S.C. 1131 et seq.), the following areas in the State are designated as
			 wilderness areas and as components of the National Wilderness Preservation
			 System:
				(1)Certain lands in the Grand Mesa,
			 Uncompahgre, and Gunnison National Forests comprising approximately 3,170
			 acres, as generally depicted on a map titled Proposed Wilson, Sunshine,
			 Black Face and San Bernardo Additions to the Lizard Head Wilderness,
			 dated May 2009, and which are hereby incorporated into the Lizard Head
			 Wilderness area.
				(2)Certain lands in the Grand Mesa,
			 Uncompahgre, and Gunnison National Forests comprising approximately 8,375
			 acres, as generally depicted on a map titled Proposed Liberty Bell and
			 Last Dollar Additions to the Mt. Sneffels Wilderness, dated May 2009,
			 and which are hereby incorporated into the Mt. Sneffels Wilderness area.
				(3)Certain lands in the Grand Mesa,
			 Uncompahgre, and Gunnison National Forests comprising approximately 13,224
			 acres, as generally depicted on a map titled Proposed Whitehouse
			 Additions to the Mt. Sneffels Wilderness, dated May 2009, and which are
			 hereby incorporated into the Mt. Sneffels Wilderness area.
				(4)(A)Certain lands in the San
			 Juan Resource Area of the Bureau of Land Management comprising approximately
			 8,614 acres, as generally depicted on a map titled Proposed McKenna Peak
			 Wilderness, dated May 2009, and which shall be known as the McKenna
			 Peak Wilderness.
					(B)The lands designated under subparagraph (A)
			 shall be administered as a component of the National Landscape Conservation
			 System.
					(b)Map and
			 Description
				(1)In
			 generalAs soon as practicable after the date of the enactment of
			 this Act, the Secretary shall file a map and a legal description of each
			 wilderness area designated by this Act with—
					(A)the Committee on
			 Natural Resources of the House of Representatives; and
					(B)the Committee on
			 Energy and Natural Resources of the Senate.
					(2)Force of
			 lawA map and legal description filed under paragraph (1) shall
			 have the same force and effect as if included in this Act, except that the
			 Secretary may correct clerical and typographical errors in the map and legal
			 description.
				(3)Public
			 availabilityEach map and
			 legal description filed under paragraph (1) shall be filed and made available
			 for public inspection in the Office of the Director of the Bureau of Land
			 Management and in the Office of the Chief of the Forest Service, as
			 appropriate.
				4.Sheep Mountain
			 Special Management Area
			(a)DesignationCertain lands in the Grand Mesa,
			 Uncompahgre, and Gunnison and San Juan National Forests comprising
			 approximately 21,697 acres as generally depicted on a map titled
			 Proposed Sheep Mountain Special Management Area and dated May
			 2009, are hereby designated as the Sheep Mountain Special Management
			 Area.
			(b)Maps and
			 descriptions
				(1)In
			 generalAs soon as practicable after the date of enactment of
			 this Act, the Secretary shall file maps and legal descriptions of the Federal
			 land described in subsection (a) with—
					(A)the Committee on
			 Energy and Natural Resources of the Senate; and
					(B)the Committee on
			 Natural Resources of the House of Representatives.
					(2)Force of
			 lawThe maps and legal descriptions filed under paragraph (1)
			 shall have the same force and effect as if included in this Act, except that
			 the Secretary may correct typographical errors in the maps and legal
			 descriptions.
				(3)Public
			 availabilityEach map and legal description filed under paragraph
			 (1) shall be on file and available for public inspection in the appropriate
			 offices of the United States Forest Service.
				(c)Management
				(1)In
			 generalUntil Congress determines otherwise, activities within
			 the area designated in subsection (a) shall be managed by the Secretary of
			 Agriculture so as to maintain the area’s presently existing wilderness
			 character and potential for inclusion in the National Wilderness Preservation
			 System.
				(2)ProhibitionsThe
			 following shall be prohibited on the Federal land described in subsection
			 (a):
					(A)Permanent
			 roads.
					(B)Except as
			 necessary to meet the minimum requirements for the administration of the
			 Federal land and to protect public health and safety—
						(i)the
			 use of motorized or mechanized vehicles, except as described in paragraph (3);
			 and
						(ii)the
			 establishment of temporary roads.
						(3)Allowable
			 activitiesThe Secretary may
			 allow activities, including helisking, that have been authorized as of the date
			 of the enactment of this Act to continue within the area designated in
			 subsection (a). The designation under subsection (a) shall not impact future
			 permit processes relating to such activities.
				(4)Applicable
			 lawAny uses of the Federal land described in subsection (a),
			 including activities described in paragraph (3), shall be in accordance with
			 applicable law.
				(d)WithdrawalSubject
			 to valid existing rights, the Federal land described in subsection (a) is
			 withdrawn from—
				(1)all forms of
			 entry, appropriation, or disposal under the public land laws;
				(2)location, entry,
			 and patent under the mining laws; and
				(3)disposition under
			 all laws relating to mineral and energy leasing.
				(e)Designation as
			 wildernessLands described in subsection (a) shall be designated
			 as wilderness on the date on which the Secretary publishes in the Federal
			 Register notice that the nonconforming use has terminated.
			(f)Administration
			 as wildernessUpon its designation as wilderness under subsection
			 (e), the Sheep Mountain Special Management Area shall be—
				(1)known as the Sheep
			 Mountain Wilderness; and
				(2)administered in
			 accordance with the Wilderness Act (16 U.S.C. 1133 et seq.) and section
			 3.
				5.Administrative
			 provisions
			(a)In
			 General
				(1)Subject to valid rights in existence on the
			 date of the enactment of this Act, land designated as wilderness under section
			 3 or section 4 shall be administered by the Secretary in accordance
			 with—
					(A)the Wilderness Act
			 (16 U.S.C. 1131 et seq.); and
					(B)this Act.
					(2)The Secretary may continue to authorize the
			 competitive running event permitted since 1992 in the vicinity of the
			 boundaries of the Sheep Mountain Special Management Area designated by section
			 4(a) and the Liberty Bell addition to the Mt. Sneffels Wilderness designated by
			 section 3(a)(2) in a manner compatible with the preservation of such areas as
			 wilderness.
				(b)Effective Date
			 of the Wilderness ActWith
			 respect to land designated as wilderness under section 3 or section 4, any
			 reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date
			 of the Wilderness Act shall be deemed to be a reference to the date of the
			 enactment of this Act or the date of the Secretary designating the land as
			 wilderness.
			(c)Fish and
			 WildlifeNothing in this Act
			 shall affect the jurisdiction or responsibility of the State with respect to
			 wildlife and fish.
			(d)No Buffer
			 Zones
				(1)In
			 generalNothing in this Act shall create a protective perimeter
			 or buffer zone around covered land.
				(2)Activities
			 outside wildernessThe fact that a nonwilderness activity or use
			 can be seen or heard from within covered land shall not preclude the conduct of
			 the activity or use outside the boundary of the covered land.
				(e)WithdrawalSubject
			 to valid rights in existence on the date of the enactment of this Act, covered
			 land is withdrawn from all forms of—
				(1)entry,
			 appropriation, or disposal under public land laws;
				(2)location, entry,
			 and patent under mining laws; and
				(3)disposition under
			 all laws pertaining to mineral and geothermal leasing or mineral
			 materials.
				(f)Acquired
			 LandAny land or interest in
			 land located inside the boundaries of covered land that is acquired by the
			 United States after the date of the enactment of this Act shall become part of
			 the relevant wilderness or special management area and shall be managed in
			 accordance with this Act and other applicable law.
			(g)GrazingGrazing in covered land shall be
			 administered in accordance with section 4(d)(4) of the Wilderness Act (16
			 U.S.C. 1133(d)(4)), as further interpreted by section 108 of Public Law 96–560,
			 and the guidelines set forth in appendix A of the Report of the Committee on
			 Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H.
			 Rept. 101–405).
			(h)Ames
			 Hydroelectric ProjectThe
			 inclusion in the National Wilderness Preservation System or designation under
			 section 4 of this Act as a Special Management Area as described in section 4 of
			 this Act, shall not be construed to interfere with the operation and
			 maintenance of the Ames Hydroelectric Project, as currently licensed by the
			 Federal Energy Regulatory Commission, or as reauthorized in the future,
			 including reasonable use of National Wilderness Preservation System lands or
			 Special Management Area for any necessary repair or replacement of existing
			 facilities, transport of water and aerial or land access. All means of access
			 to the project that are currently permitted by the Secretary on the date of
			 enactment of this Act shall be maintained.
			6.Water
			(a)Findings,
			 purpose, and definition
				(1)FindingsCongress finds that—
					(A)the lands
			 designated as wilderness or a Special Management Area by this Act are located
			 at the headwaters of the streams and rivers on those lands, with few, if any,
			 actual or proposed water resource facilities located upstream from such lands
			 and few, if any, opportunities for diversion, storage, or other uses of water
			 occurring outside such lands that would adversely affect the wilderness values
			 of such lands;
					(B)the lands designated as wilderness or
			 Special Management Area by this Act are not suitable for use for development of
			 new water resource facilities, or for the expansion of existing facilities;
			 and
					(C)therefore, it is possible to provide for
			 proper management and protection of the wilderness value of such lands in ways
			 different from those utilized in other legislation designating as wilderness
			 lands not sharing the attributes of the lands designated as wilderness or
			 Special Management Area by this Act.
					(2)PurposeThe purpose of this section is to protect
			 the wilderness values of the lands designated as wilderness or Special
			 Management Area by this Act by means other than those based on a Federal
			 reserved water right.
				(3)DefinitionAs
			 used in this section, the term water resource facility means
			 irrigation and pumping facilities, reservoirs, water conservation works,
			 aqueducts, canals, ditches, pipelines, wells, hydropower projects, and
			 transmission and other ancillary facilities, and other water diversion,
			 storage, and carriage structures.
				(b)Restrictions on
			 rights and disclaimer of effect
				(1)Water rights
			 claimsNeither the Secretary
			 of Agriculture nor the Secretary of the Interior, nor any other officer,
			 employee, representative, or agent of the United States, nor any other person,
			 shall assert in any court or agency, nor shall any court or agency consider,
			 any claim to or for water or water rights in the State of Colorado, which is
			 based on any construction of any portion of this Act, or the designation of any
			 lands as wilderness or Special Management Area by this Act, as constituting an
			 express or implied reservation of water or water rights.
				(2)No affect on
			 water rightsNothing in this
			 Act shall be construed as a creation, recognition, disclaimer, relinquishment,
			 or reduction of any water rights of the United States in the State of Colorado
			 existing before the date of enactment of this Act.
				(3)No
			 interpretation or designationExcept as provided in subsection (g),
			 nothing in this Act shall be construed as constituting an interpretation of any
			 other Act or any designation made by or pursuant thereto.
				(4)No
			 precedentNothing in this
			 section shall be construed as establishing a precedent with regard to any
			 future wilderness designations.
				(c)New or Expanded
			 ProjectsNotwithstanding any
			 other provision of law, on and after the date of enactment of this Act neither
			 the President nor any other officer, employee, or agent of the United States
			 shall fund, assist, authorize, or issue a license or permit for the development
			 of any new water resource facility within the areas described in sections 3 and
			 4 or the enlargement of any water resource facility within the areas described
			 in sections 3 and 4.
			(d)Access and
			 Operation
				(1)Access to water
			 resource facilitiesSubject
			 to the provisions of this subsection, the Secretary shall allow reasonable
			 access to water resource facilities in existence on the date of enactment of
			 this Act within the areas described in sections 3 and 4, including motorized
			 access where necessary and customarily employed on routes existing as of the
			 date of enactment of this Act.
				(2)Access
			 routesExisting access routes
			 within such areas customarily employed as of the date of enactment of this Act
			 may be used, maintained, repaired, and replaced to the extent necessary to
			 maintain their present function, design, and serviceable operation, so long as
			 such activities have no increased adverse impacts on the resources and values
			 of the areas described in sections 3 and 4 than existed as of the date of
			 enactment of this Act.
				(3)Use of water
			 resource facilitiesSubject
			 to the provisions of subsections (c) and (d), the Secretary shall allow water
			 resource facilities existing on the date of enactment of this Act within areas
			 described in sections 3 and 4 to be used, operated, maintained, repaired, and
			 replaced to the extent necessary for the continued exercise, in accordance with
			 Colorado State law, of vested water rights adjudicated for use in connection
			 with such facilities by a court of competent jurisdiction prior to the date of
			 enactment of this Act. The impact of an existing facility on the water
			 resources and values of the area shall not be increased as a result of changes
			 in the adjudicated type of use of such facility as of the date of enactment of
			 this Act.
				(4)Repair and
			 maintainenceWater resource
			 facilities, and access routes serving such facilities, existing within the
			 areas described in sections 3 and 4 on the date of enactment of this Act shall
			 be maintained and repaired when and to the extent necessary to prevent
			 increased adverse impacts on the resources and values of the areas described in
			 sections 3 and 4.
				(e)Existing
			 ProjectsExcept as provided
			 in subsections (c) and (d), the provisions of this Act related to the areas
			 described in sections 3 and 4, and the inclusion in the National Wilderness
			 Preservation System of the areas described in section 3 and 4, shall not be
			 construed to affect or limit the use, operation, maintenance, repair,
			 modification, or replacement of water resources facilities in existence on the
			 date of enactment of this Act within the boundaries of the areas described in
			 sections 3 and 4.
			(f)Monitoring and
			 ImplementationThe
			 Secretaries of Agriculture and the Interior shall monitor the operation of and
			 access to water resource facilities within the areas described in sections 3
			 and 4 and take all steps necessary to implement the provisions of this
			 section.
			(g)Interstate
			 CompactsNothing in this Act,
			 and nothing in any previous Act designating any lands as wilderness, shall be
			 construed as limiting, altering, modifying, or amending any of the interstate
			 compacts or equitable apportionment decrees that apportion water among and
			 between the State of Colorado and other States. Except as expressly provided in
			 this section, nothing in this Act shall affect or limit the development or use
			 by existing and future holders of vested water rights of Colorado’s full
			 apportionment of such waters.
			7.Naturita Canyon
			 management provisions
			(a)WithdrawalSubject to valid rights in existence on the
			 date of the enactment of this Act, land described in subsection (b) is
			 withdrawn from all forms of—
				(1)entry,
			 appropriation, or disposal under public land laws;
				(2)location, entry,
			 and patent under mining laws; and
				(3)disposition under
			 all laws pertaining to mineral and geothermal leasing or mineral
			 materials.
				(b)Land
			 DescribedThe land to be
			 protected under subsection (a) is the approximately 6,596 acres depicted on the
			 map titled Naturita Canyon Mineral Withdrawal Area and dated May
			 2009.


114 HR 2593 IH: To amend the Communications Act of 1934 to require identification and description on the website of the Federal Communications Commission of items to be decided on authority delegated by the Commission.
U.S. House of Representatives
2015-06-01
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. 2593
		IN THE HOUSE OF REPRESENTATIVES

			June 1, 2015
			Mr. Latta introduced the following bill; which was referred to the Committee on Energy and Commerce

		A BILL
		To amend the Communications Act of 1934 to require identification and description on the website of
			 the Federal Communications Commission of items to be decided on authority
			 delegated by the Commission.

		1.Identification and description of items to be decided on authority delegated by the Commission
 (a)In generalSection 5(c) of the Communications Act of 1934 (47 U.S.C. 155(c)) is amended by adding at the end the following:

 (10)Not later than 48 hours before the time when an order, decision, report, or action is made or taken pursuant to delegation under paragraph (1), such order, decision, report, or action shall be identified and briefly described on the Internet website of the Commission, unless the authority to which the delegation is made for good cause finds that such identification and description are likely to lead to a result described in a paragraph of section 552b(c) of title 5, United States Code. This paragraph shall not apply with respect to an order, decision, report, or action that—
 (A)does not receive a delegated authority number pursuant to the procedures of the Commission; (B)is made or taken on authority delegated to an administrative law judge; or
 (C)is made or taken to address an immediate threat to health or safety that constitutes an emergency requiring an expedited response from the Commission..
 (b)Effective dateThe amendment made by this section shall apply with respect to an order, decision, report, or action made or taken after the date that is 90 days after the date of the enactment of this Act.


114 S3178 IS: Fairness for Our Hospitals Act of 2016
U.S. Senate
2016-07-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS2d SessionS. 3178IN THE SENATE OF THE UNITED STATESJuly 13, 2016Mr. Menendez (for himself, Mr. Booker, Mr. Carper, and Mr. Coons) 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 permit hospitals in all-urban States to be
			 considered Medicare dependent hospitals, and for other purposes.

 1.Short titleThis Act may be cited as the Fairness for Our Hospitals Act of 2016. 2.Permitting hospitals in all-urban States to be considered medicare dependent hospitals (a)In generalSection 1886(d)(5)(G)(iv)(I) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)(iv)(I)) is amended to read as follows:

 (I)that— (aa)is located in a rural area; or
 (bb)for discharges occurring on or after January 1, 2011, is located in a State with no rural area (as defined in paragraph (2)(D)) and satisfies any of the criteria in subclauses (I), (II), (III), or (IV) of paragraph (8)(E)(ii),.
 (b)Process for recalculating paymentsNot later than 120 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish and implement a process under which the Secretary shall reimburse hospitals impacted by the amendment made by subsection (a) for any underpayments under title XVIII of the Social Security Act that are a result of the implementation of such amendment.


		II
		112th CONGRESS
		2d Session
		S. 2820
		IN THE SENATE OF THE UNITED STATES

			May 7, 2012
			Mr. Kerry introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on cellular plastic
		  sheets for nano-retention filters.

		1.Cellular plastic sheets for
			 nano-retention filters
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Cellular plastic sheets of poly-tetrafluoroethylene with
						retention rating of 10-30 nanometers, for use in manufacturing filters of
						heading 8421 (provided for in subheading 3921.19.00)FreeNo
						changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


109 HR 1150 IH: To amend the Internal Revenue Code of 1986 to provide a credit to individuals for certain long-term care expenses.
U.S. House of Representatives
2005-03-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 1150
IN THE HOUSE OF REPRESENTATIVES

March 8, 2005
Ms. Ginny Brown-Waite of Florida 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 credit to individuals for certain long-term care expenses.

1.Credit for certain long-term care expenses
(a)In generalSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section:

25C.Long-term care expenses
(a)In generalIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter the amount of the specified long-term care expenses paid or incurred by the taxpayer during the taxable year.
(b)LimitationThe amount of specified long-term care expenses taken into account under subsection (a) with respect to any taxpayer for any taxable year shall not exceed $1,000 ($2,000 in the case of joint return).
(c)Specified long-term care expensesFor purposes of this section, the term specified long-term care expenses means—
(1)premiums for coverage of the taxpayer or the taxpayer’s spouse or dependents under any qualified long-term care insurance contract (as defined in section 7702B(b)), and
(2)amounts paid or incurred, not compensated for by insurance or otherwise, for qualified long-term care services (as defined in section 7702B(c)) for the taxpayer or the taxpayer’s spouse or dependents.
(d)Special rules
(1)Denial of double benefitNo deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section.
(2)Insurance which covers other individualsFor purposes of this section, rules similar to the rules of paragraphs (3) and (4) of section 21(e) shall apply with respect to any qualified long-term care insurance contract under which amounts are payable for coverage of an individual other than the taxpayer or the taxpayer’s spouse or dependents.
(3)Certain payments to relatives not taken into accountFor purposes of this section, rules similar to the rules of section 213(d)(11) shall apply..
(b)Clerical amendmentThe table of sections of such subpart is amended by inserting after the item relating to section 25B the following new item:

Sec. 25C. Long-term care expenses.
(c)Effective dateThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act.


		II
		111th CONGRESS
		1st Session
		S. 2031
		IN THE SENATE OF THE UNITED STATES

			October 29, 2009
			Mr. Menendez introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend the temporary suspension of duty on
		  o-tert-Butylcyclohexanol.

		1.o-tert-Butylcyclohexanol
			(a)In
			 generalHeading 9902.11.62 of
			 the Harmonized Tariff Schedule of the United States (relating to
			 o-tert-Butylcyclohexanol) is amended by striking the date in the effective
			 period column and inserting 12/31/2011.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


110 HR 6958 IH: Hurricane Ike Tax Relief Act of 2008
U.S. House of Representatives
2008-09-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS 2d Session
H. R. 6958
IN THE HOUSE OF REPRESENTATIVES

September 18, 2008
Mr. Brady of Texas (for himself, Mr. Paul, Mr. McCaul of Texas, Ms. Granger, Mr. Gohmert, Mr. Culberson, Mr. Poe, Mr. Sam Johnson of Texas, Mr. Smith of Texas, Mr. Al Green of Texas, Mr. Ortiz, Mr. Thornberry, Mr. Gonzalez, and Mr. Carter) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To provide tax relief for the victims of Hurricane Ike, and for other purposes.

1.Short titleThis Act may be cited as the Hurricane Ike Tax Relief Act of 2008.
2.Temporary tax relief for areas damaged by Hurricane Ike
(a)In generalSubject to the modifications described in this section, the following provisions of or relating to the Internal Revenue Code of 1986 shall apply to the Hurricane Ike recovery area in addition to the areas to which such provisions otherwise apply:
(1)Go Zone benefits
(A)Section 1400N (relating to tax benefits) other than subsections (b), (c), (i), (j), (m), and (o) thereof.
(B)Section 1400P (relating to housing tax benefits).
(C)Section 1400Q (relating to special rules for use of retirement funds).
(D)Section 1400R(a) (relating to employee retention credit for employers).
(E)Section 1400S (relating to additional tax relief) other than subsection (d) thereof.
(F)Section 1400T (relating to special rules for mortgage revenue bonds).
(2)Other benefits included in Katrina Emergency Tax Relief Act of 2005Sections 302, 304, 401, and 405 of the Katrina Emergency Tax Relief Act of 2005.
(b)Use of amended income tax returns To take into account receipt of certain casualty loss grants by disallowing previously taken casualty loss deductions
(1)In generalNotwithstanding any other provision of the Internal Revenue Code of 1986, if a taxpayer claims a deduction for any taxable year with respect to a casualty loss to a principal residence (within the meaning of section 121 of such Code) resulting from Hurricane Ike and in a subsequent taxable year receives a grant under any Federal or State program as reimbursement for such loss, such taxpayer may elect to file an amended income tax return for the taxable year in which such deduction was allowed (and for any taxable year to which such deduction is carried) and reduce (but not below zero) the amount of such deduction by the amount of such reimbursement.
(2)Time of filing amended returnParagraph (1) shall apply with respect to any grant only if any amended income tax returns with respect to such grant are filed not later than the later of—
(A)the due date for filing the tax return for the taxable year in which the taxpayer receives such grant, or
(B)the date which is 1 year after the date of the enactment of this Act.
(3)Waiver of penalties and interestAny underpayment of tax resulting from the reduction under paragraph (1) of the amount otherwise allowable as a deduction shall not be subject to any penalty or interest under such Code if such tax is paid not later than 1 year after the filing of the amended return to which such reduction relates.
(c)Hurricane Ike recovery area
(1)In generalFor purposes of this section and for applying the substitutions described in subsections (e) and (f), the term Hurricane Ike recovery area means an area—
(A)with respect to which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Ike, and
(B)determined by the President to warrant individual or individual and public assistance from the Federal Government under such Act by reason of Hurricane Ike.
(2)Certain benefits available to areas eligible only for public assistanceFor purposes of applying this section to benefits under the following provisions, paragraph (1) shall be applied without regard to subparagraph (B):
(A)Sections 1400Q, 1400S(b), and 1400S(d) of the Internal Revenue Code of 1986.
(B)Sections 302, 401, and 405 of the Katrina Emergency Tax Relief Act of 2005.
(d)References
(1)AreaAny reference in such provisions to the Hurricane Katrina disaster area or the Gulf Opportunity Zone shall be treated as a reference to the Hurricane Ike recovery area and any reference to the Hurricane Katrina disaster area or the Gulf Opportunity Zone within a State shall be treated as a reference to the portion of the Hurricane Ike recovery area within the State.
(2)Items attributable to disasterAny reference in such provisions to any loss, damage, or other item attributable to Hurricane Katrina shall be treated as a reference to any loss, damage, or other item attributable to Hurricane Ike.
(e)Modifications to 1986 CodeIn the case of the Hurricane Ike recovery area, the following provisions of the Internal Revenue Code of 1986 shall be applied with the following modifications:
(1)Tax-exempt bond financingSection 1400N(a)—
(A)by substituting qualified Hurricane Ike recovery area bond for qualified Gulf Opportunity Zone Bond each place it appears, except that in determining whether a bond is a qualified Hurricane Ike recovery area bond—
(i)paragraph (2)(A)(i) shall be applied by only treating costs as qualified project costs if—
(I)in the case of a project involving a private business use (as defined in section 141(b)(6)), either the person using the property suffered a loss in a trade or business attributable to Hurricane Ike or is a person designated for purposes of this section by the Governor of the State in which the project is located as a person carrying on a trade or business replacing a trade or business with respect to which another person suffered such a loss, and
(II)in the case of a project relating to public utility property, the project involves repair or reconstruction of public utility property damaged by Hurricane Ike, and
(ii)paragraph (2)(A)(ii) shall be applied by treating an issue as a qualified mortgage issue only if 95 percent or more of the net proceeds (as defined in section 150(a)(3)) of the issue are to be used to provide financing for mortgagors who suffered damages to their principal residences attributable to Hurricane Ike,
(B)by substituting any State any portion of which is in the Hurricane Ike recovery area for the State of Alabama, Louisiana, or Mississippi in paragraph (2)(B),
(C)by substituting designated for purposes of this section (on the basis of providing assistance to areas in the order in which such assistance is most needed) for designated for purposes of this section in paragraph (2)(C),
(D)by substituting January 1, 2013 for January 1, 2011 in paragraph (2)(D),
(E)in paragraph (3)(A)—
(i)by substituting $1,000 for $2,500, and
(ii)by substituting before September 12, 2008 for before August 28, 2005,
(F)by substituting qualified Hurricane Ike recovery area repair or construction for qualified GO Zone repair or construction each place it appears, and
(G)by substituting after the date of the enactment of the Hurricane Ike Tax Relief Act of 2008 and before January 1, 2013 for after the date of the enactment of this paragraph and before January 1, 2011 in paragraph (7)(C).
(2)Special allowance for certain property acquired on or after the applicable disaster dateSection 1400N(d)—
(A)by substituting qualified Hurricane Ike recovery area property for qualified Gulf Opportunity Zone property each place it appears, except that a taxpayer shall be allowed additional bonus depreciation and expensing under such subsection or section 1400N(e) with respect to such property only if—
(i)the taxpayer suffered an economic loss attributable to Hurricane Ike, and
(ii)such property—
(I)rehabilitates property damaged, or replaces property destroyed or condemned, as a result of Hurricane Ike, except that, for purposes of this clause, property shall be treated as replacing property destroyed or condemned if, as part of an integrated plan, such property replaces property which is included in a continuous area which includes real property destroyed or condemned, and
(II)is similar in nature to, and located in the same county as, the property being rehabilitated or replaced,
(B)by substituting September 12, 2008 for August 28, 2005 each place it appears,
(C)by substituting December 31, 2011 for December 31, 2007 in paragraph (2)(A)(v),
(D)by substituting December 31, 2012 for December 31, 2008 in paragraph (2)(A)(v),
(E)by substituting September 11, 2008 for August 27, 2005 in paragraph (3)(A),
(F)determined without regard to paragraph (6) thereof, and
(G)by not including as qualified Hurricane Ike recovery area property any property to which section 168(k) applies.
(3)Increase in expensing under section 179Section 1400N(e), by substituting qualified section 179 Hurricane Ike recovery area property for qualified section 179 Gulf Opportunity Zone property each place it appears.
(4)Expensing for certain demolition and clean-up costsSection 1400N(f)—
(A)by substituting qualified Hurricane Ike recovery area clean-up cost for qualified Gulf Opportunity Zone clean-up cost each place it appears,
(B)by substituting beginning on September 12, 2008, and ending on December 31, 2010 for beginning on August 28, 2005, and ending on December 31, 2007 in paragraph (2), and
(C)by treating costs as qualified Hurricane Ike recovery clean-up costs only if the removal of debris or demolition of any structure was necessary due to damage attributable to Hurricane Ike.
(5)Extension of expensing for environmental remediation costsSection 1400N(g)—
(A)by substituting September 12, 2008 for August 28, 2005 each place it appears,
(B)by substituting January 1, 2011 for January 1, 2008 in paragraph (1),
(C)by substituting December 31, 2010 for December 31, 2007 in paragraph (1), and
(D)by treating a site as a qualified contaminated site only if the release (or threat of release) or disposal of a hazardous substance at the site was attributable to Hurricane Ike.
(6)Increase in rehabilitation creditSection 1400N(h)—
(A)by substituting September 12, 2008 for August 28, 2005,
(B)by substituting January 1, 2011 for January 1, 2008 in paragraph (1), and
(C)by only applying such subsection to qualified rehabilitation expenditures with respect to any building or structure which was damaged or destroyed as a result of Hurricane Ike.
(7)Treatment of net operating losses attributable to disaster lossesSection 1400N(k)—
(A)by substituting qualified Hurricane Ike recovery area loss for qualified Gulf Opportunity Zone loss each place it appears,
(B)by substituting after September 11, 2008, and before January 1, 2011 for after August 27, 2005, and before January 1, 2008 each place it appears,
(C)by substituting September 12, 2008 for August 28, 2005 in paragraph (2)(B)(ii)(I),
(D)by substituting qualified Hurricane Ike recovery area property for qualified Gulf Opportunity Zone property in paragraph (2)(B)(iv), and
(E)by substituting qualified Hurricane Ike recovery area casualty loss for qualified Gulf Opportunity Zone casualty loss each place it appears.
(8)Credit to holders of tax credit bondsSection 1400N(l)—
(A)by substituting Hurricane Ike tax credit bond for Gulf tax credit bond each place it appears,
(B)by substituting any State any portion of which is in the Hurricane Ike recovery area for the State of Alabama, Louisiana, or Mississippi in paragraph (4)(A)(i),
(C)by substituting after December 31, 2008 and before January 1, 2010 for after December 31, 2005, and before January 1, 2007,
(D)by substituting shall not exceed $100,000,000 for any State with an aggregate population located in the portion of the State which is in the Hurricane Ike recovery area of at least 2,000,000, $50,000,000 for any State with an aggregate population located in such portion of at least 1,000,000 but less than 2,000,000, and zero for any other State. The population of a State within any area shall be determined on the basis of the most recent census estimate of resident population released by the Bureau of Census before September 12, 2008. for shall not exceed and all that follows in paragraph (4)(C), and
(E)by substituting September 12, 2008 for August 28, 2005 in paragraph (5)(A).
(9)Housing tax benefitsSection 1400P, by substituting September 12, 2008 for August 28, 2005 in subsection (c)(1).
(10)Special rules for use of retirement fundsSection 1400Q—
(A)by substituting qualified Hurricane Ike recovery area distribution for qualified hurricane distribution each place it appears,
(B)by substituting on or after September 12, 2008, and before January 1, 2010 for on or after August 25, 2005, and before January 1, 2007 in subsection (a)(4)(A)(i),
(C)by substituting September 12, 2008 for August 28, 2005 in subsections (a)(4)(A)(i) and (c)(3)(B),
(D)by disregarding clauses (ii) and (iii) of subsection (a)(4)(A) thereof,
(E)by substituting qualified Hurricane Ike distribution for qualified Katrina distribution each place it appears,
(F)by substituting April 12, 2008, and before September 13, 2008 for after February 28, 2005, and before August 29, 2005 in subsection (b)(2)(B)(ii),
(G)by substituting the Hurricane Ike recovery area, but not so purchased or constructed on account of Hurricane Ike for the Hurricane Katrina disaster area, but not so purchased or constructed on account of Hurricane Katrina in subsection (b)(2)(B)(iii),
(H)by substituting beginning on September 12, 2008, and ending on the date which is 5 months after the date of the enactment of the Hurricane Ike Tax Relief Act of 2008 for beginning on August 25, 2005, and ending on February 28, 2006 in subsection (b)(3)(A),
(I)by substituting qualified Hurricane Ike individual for qualified Hurricane Katrina individual each place it appears,
(J)by substituting December 31, 2009 for December 31, 2006 in subsection (c)(2)(A),
(K)by substituting beginning on the date of the enactment of the Hurricane Ike Tax Relief Act of 2008 and ending on December 31, 2009 for beginning on September 24, 2005, and ending on December 31, 2006 in subsection (c)(4)(A)(i),
(L)by substituting September 12, 2008 for August 25, 2005 in subsection (c)(4)(A)(ii), and
(M)by substituting January 1, 2010 for January 1, 2007 in subsection (d)(2)(A)(ii).
(11)Employee retention credit for employers affected by Hurricane IkeSection 1400R(a)—
(A)by substituting September 12, 2008 for August 28, 2005 each place it appears,
(B)by substituting January 1, 2009 for January 1, 2006 both places it appears, and
(C)only with respect to eligible employers who employed an average of not more than 200 employees on business days during the taxable year before September 12, 2008.
(12)Temporary suspension of limitations on charitable contributionsSection 1400S(a), by substituting the following paragraph for paragraph (4) thereof:

(4)Qualified contributions
(A)In generalFor purposes of this subsection, the term qualified contribution means any charitable contribution (as defined in section 170(c)) if—
(i)such contribution—
(I)is paid during the period beginning on September 12, 2008, and ending on December 31, 2008, in cash to an organization described in section 170(b)(1)(A), and
(II)is made for relief efforts in the Hurricane Ike recovery area,
(ii)the taxpayer obtains from such organization contemporaneous written acknowledgment (within the meaning of section 170(f)(8)) that such contribution was used (or is to be used) for relief efforts in the Hurricane Ike recovery area, and
(iii)the taxpayer has elected the application of this subsection with respect to such contribution.
(B)ExceptionSuch term shall not include a contribution by a donor if the contribution is—
(i)to an organization described in section 509(a)(3), or
(ii)for establishment of a new, or maintenance of an existing, donor advised fund (as defined in section 4966(d)(2)).
(C)Application of election to partnerships and S corporationsIn the case of a partnership or S corporation, the election under subparagraph (A)(iii) shall be made separately by each partner or shareholder..
(13)Suspension of certain limitations on personal casualty lossesSection 1400S(b)(1), by substituting September 12, 2008 for August 25, 2005.
(14)Special rule for determining earned incomeSection 1400S(d)—
(A)by treating an individual as a qualified individual if such individual's principal place of abode on September 12, 2008, was located in the Hurricane Ike recovery area,
(B)by treating September 12, 2008, with respect to any such individual as the applicable date for purposes of such subsection, and
(C)by treating an area as described in paragraph (2)(B)(ii) thereof if the area is a Hurricane Ike recovery area only by reason of subsection (b)(2) of this section (relating to areas eligible only for public assistance).
(15)Adjustments regarding taxpayer and dependency statusSection 1400S(e), by substituting 2008 or 2009 for 2005 or 2006.
(f)Modifications to Katrina Emergency Tax Relief Act of 2005In the case of the Hurricane Ike recovery area, the following provisions of the Katrina Emergency Tax Relief Act of 2005 shall be applied with the following modifications:
(1)Additional exemption for housing displaced individualSection 302—
(A)by substituting 2008 or 2009 for 2005 or 2006 in subsection (a) thereof,
(B)by substituting Hurricane Ike displaced individual for Hurricane Katrina displaced individual each place it appears, and
(C)by treating an area as a core disaster area for purposes of applying subsection (c) thereof if the area is a Hurricane Ike recovery area without regard to subsection (b)(2) of this section (relating to areas eligible only for public assistance).
(2)Mileage reimbursements for charitable volunteersSection 304—
(A)by substituting beginning on September 12, 2008, and ending on December 31, 2008 for beginning on August 25, 2005, and ending on December 31, 2006 in subsection (a), and
(B)by substituting September 12, 2008 for August 25, 2005 in subsection (a).
(3)Exclusion of certain cancellation of indebtedness incomeSection 401—
(A)by treating an individual whose principal place of abode on September 12, 2008, was in the Hurricane Ike recovery area (determined without regard to subsection (b)(2) of this section) as an individual described in subsection (b)(1) thereof, and by treating an individual whose principal place of abode on September 12, 2008, was in the Hurricane Ike recovery area solely by reason of subsection (b)(2) of this section as an individual described in subsection (b)(2) thereof,
(B)by substituting September 12, 2008 for August 28, 2005 both places it appears, and
(C)by substituting January 1, 2010 for January 1, 2007 in subsection (e).
(4)Extension of replacement period for nonrecognition of gainSection 405, by substituting on or after September 12, 2008 for on or after August 25, 2005.
3.Enhanced charitable deductions for contributions of food inventory
(a)Increased amount of deduction
(1)In generalClause (iv) of section 170(e)(3)(C) (relating to termination) of the Internal Revenue Code of 1986 is amended by striking December 31, 2007 and inserting December 31, 2009.
(2)Effective dateThe amendment made by this subsection shall apply to contributions made after December 31, 2007.
(b)Temporary suspension of limitations on charitable contributions
(1)In generalSection 170(b) of such Code is amended by adding at the end the following new paragraph:

(3)Temporary suspension of limitations on charitable contributionsIn the case of a qualified farmer or rancher (as defined in paragraph (1)(E)(v)), any charitable contribution of food—
(A)to which subsection (e)(3)(C) applies (without regard to clause (ii) thereof), and
(B)which is made during the period beginning on the date of the enactment of this paragraph and before January 1, 2009,shall be treated for purposes of paragraph (1)(E) or (2)(B), whichever is applicable, as if it were a qualified conservation contribution which is made by a qualified farmer or rancher and which otherwise meets the requirements of such paragraph..
(2)Effective dateThe amendment made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.
4.Extension of enhanced charitable deduction for contributions of book inventory
(a)ExtensionClause (iv) of section 170(e)(3)(D) of the Internal Revenue Code of 1986 (relating to termination) of the Internal Revenue Code of 1986 is amended by striking December 31, 2007 and inserting December 31, 2009.
(b)Clerical amendmentClause (iii) of section 170(e)(3)(D) of such Code (relating to certification by donee) is amended by inserting of books after to any contribution.
(c)Effective dateThe amendments made by this section shall apply to contributions made after December 31, 2007.
5.Reporting requirements relating to disaster relief contributions
(a)In generalSection 6033(b) of the Internal Revenue Code of 1986 (relating to returns of certain organizations described in section 501(c)(3)) is amended by striking and at the end of paragraph (13), by redesignating paragraph (14) as paragraph (15), and by adding after paragraph (13) the following new paragraph:

(14)such information as the Secretary may require with respect to disaster relief activities, including the amount and use of qualified contributions to which section 1400S(a) applies, and.
(b)Effective dateThe amendments made by this section shall apply to returns the due date for which (determined without regard to any extension) occurs after December 31, 2008.
6.Increase in passenger automobile mileage rates
(a)Charitable mileage rate same as medical and moving rate
(1)In generalSubsection (i) of section 170 of the Internal Revenue Code of 1986 (relating to standard mileage rate for use of passenger automobile) is amended by striking 14 cents per mile and inserting the rate determined for purposes of sections 213 and 217.
(2)Effective dateThe amendment made by paragraph (1) shall apply to miles driven on or after the date of the enactment of this Act.
(b)Increase in mileage ratesFor any portion of the period beginning on the date of the enactment of this Act and ending on December 31, 2008, the standard mileage rate under each of sections 162, 213, and 217 of the Internal Revenue Code of 1986 for operating a passenger automobile shall be not less than the greater of—
(1)133.7 percent of the rate in effect under each such section on January 1, 2008, or
(2)the rate prescribed by the Internal Revenue Service for each such section.


		II
		109th CONGRESS
		2d Session
		S. 4074
		IN THE SENATE OF THE UNITED STATES

			November 16, 2006
			Mr. Allard introduced
			 the following bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To provide certain counties with the ability to receive
		  television broadcast signals of their choice.

		1.Short
			 titleThis Act may be cited as
			 the Satellite and Cable Access Act of
			 2006.
		2.Satellite
			 Carriage of television broadcast signalsSection 119(a)(2)(C) of title 17, United
			 States Code, is amended—
			(1)by redesignating clause (v) as clause
			 (vi);
			(2)by inserting after clause (v) the
			 following:

					(v)Further
				additional stationsIf 2 adjacent counties in a single State are
				in a local market comprised principally of counties located in another State,
				the statutory license provided for in subparagraph (A) shall apply to the
				secondary transmission by a satellite carrier to subscribers in those 2
				counties of the primary transmissions of any network station located in the
				capital of the State in which such 2 counties are located, if—
						(I)the 2 counties
				are located in the 46th largest designated market area for the year 2005
				according to Nielsen Media Research; and
						(II)the total number
				of television households in the 2 counties combined did not exceed 30,000 for
				the year 2005 according to Nielsen Media
				Research.
						;
				and
			(3)in clause (vi) as
			 redesignated, by striking and (iv) and inserting (iv),
			 and (v).
			3.Cable carriage
			 of television broadcast signalsPart I of title III of the Communications
			 Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
			 following:

				342.Carriage of
				signals to certain television market areas
					(a)In
				generalNotwithstanding any other provision of law, each cable
				operator providing service in an eligible area may elect to carry the primary
				signal of any network station located in the capital of the State in which such
				area is located.
					(b)DefinitionsAs
				used in this section:
						(1)Eligible
				areaThe term eligible area means 1 of 2 counties
				that—
							(A)are all in a
				single State;
							(B)on the date of
				enactment of the Satellite and Cable Access
				Act of 2006, were each located in—
								(i)the 46th largest
				designated market area for the year 2005 according to Nielsen Media Research;
				and
								(ii)a designated
				market area comprised principally of counties located in another State;
				and
								(C)as a group had a
				total number of television households that when combined did not exceed 30,000
				for the year 2005 according to Nielsen Media Research.
							(2)Network
				stationThe term network station has the same
				meaning as in section 119(d) of title 17, United States
				Code.
						.


		II
		110th CONGRESS
		2d Session
		S. 3720
		IN THE SENATE OF THE UNITED STATES

			December 8
			 (legislative day, November 20), 2008
			Mr. Specter introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to suspend the
		  minimum required pension distribution rules for 2008 and 2009.

		1.Temporary waiver of required
			 minimum distribution rules for certain retirement plans and accounts
			(a)In
			 generalSection 401(a)(9) of the Internal Revenue Code of 1986
			 (relating to required distributions) is amended by adding at the end the
			 following new subparagraph:

					(H)Temporary
				waiver of minimum required distribution
						(i)In
				generalThe requirements of this paragraph shall not apply in
				calendar year 2008 or 2009.
						(ii)Plans must
				allow electionsA trust forming part of a plan shall not
				constitute a qualified trust under this subsection unless the plan provides
				that it will allow an employee or beneficiary to elect to eliminate or reduce
				payments or distributions during calendar year 2009 which would otherwise be
				made to meet the requirements of this paragraph. This clause shall not apply to
				an employee or beneficiary who is receiving, after the annuity starting date,
				distributions under the plan through an annuity contract issued by a company
				licensed to do business as an insurance company under the laws of any
				State.
						(iii)ElectionAn
				election under clause (ii) shall be made at such time and in such manner as the
				Secretary may prescribe.
						(iv)Coordination
				with similar requirementsIn the case of—
							(I)an individual
				retirement account or annuity described in section 408, this subparagraph shall
				be applied without regard to clauses (ii) and (iii), and
							(II)an eligible
				deferred compensation plan described in section 457(b), this subparagraph shall
				only apply to such a plan maintained by an employer described in section
				457(e)(1)(A).
							(v)Special rules
				regarding suspension periodFor purposes of this
				paragraph—
							(I)the required
				beginning date with respect to such individual shall be determined without
				regard to this subparagraph for purposes of applying this paragraph to calendar
				years after 2009, and
							(II)if clause (ii)
				of subparagraph (B) applies to such individual, the amount of any distribution
				required by this paragraph for 2008 or 2009 which was not made (or rolled over)
				by reason of this subparagraph shall be required to be distributed in
				2010.
							.
			(b)Eligible
			 rollover distributionsSection 402(c)(4) of the Internal Revenue
			 Code of 1986 (defining eligible rollover distribution) is amended by adding at
			 the end the following new flush sentence:

					Subparagraph (A) shall not apply to
				any distributions made in 2008 or 2009 to an individual who is not subject to
				the required minimum distribution rules under section 401(a)(9) for the
				calendar year solely by reason of the application of section 401(a)(9)(H). In
				the case of a distribution which is treated as an eligible rollover
				distribution solely by reason of the preceding sentence, such distribution
				shall not be treated as an eligible rollover distribution for purposes of
				section 401(a)(31) or 3405(c) or subsection (f) of this
				section..
			(c)Effective
			 dates
				(1)In
			 generalThe amendments made by this section shall apply to
			 taxable years beginning after December 31, 2007.
				(2)Extension of
			 rollover periods for distributions in 2008
					(A)In
			 generalIn the case of a distribution from an eligible retirement
			 plan made during 2008 to an individual who is not subject to the required
			 minimum distribution rules under section 401(a)(9) of the Internal Revenue Code
			 of 1986 for the calendar year solely by reason of the application of section
			 401(a)(9)(H) of such Code—
						(i)the
			 60-day period under section 402(c)(3) or 408(d)(3) of such Code during which
			 such distribution may be rolled over, whichever is applicable, shall not end
			 before the later of—
							(I)the due date
			 (determined without regard to any extension) for filing the return of tax
			 imposed by chapter 1 of such Code for the taxable year in which the
			 distribution was made, or
							(II)the date which
			 is 60 days after the date of the enactment of this Act,
							(ii)in
			 the case of an individual retirement plan, the limitation under section
			 408(d)(3)(B) of such Code shall not apply to any rollover contribution of the
			 distribution, and
						(iii)subject to such
			 rules or guidance as the Secretary of the Treasury or the Secretary's delegate
			 may prescribe—
							(I)notwithstanding
			 section 408(d)(3)(C) of such Code, if such individual is the beneficiary of an
			 inherited individual retirement account or annuity, the individual may rollover
			 such distribution, and
							(II)notwithstanding
			 section 402(c)(11) of such Code, such individual shall not be treated as
			 failing to meet the requirements of such section solely because the transfer is
			 not made in a direct trustee-to-trustee transfer.
							(B)Eligible
			 retirement planFor purposes of this paragraph, the term
			 eligible retirement plan has the meaning given such term by
			 section 402(c)(8)(B) of such Code.
					(3)Provisions
			 relating to plan or contract amendments
					(A)In
			 generalIf this paragraph applies to any pension plan or contract
			 amendment, such pension plan or contract shall be treated as being operated in
			 accordance with the terms of the plan during the period described in
			 subparagraph (B)(ii)(I).
					(B)Amendments to
			 which paragraph applies
						(i)In
			 generalThis paragraph shall apply to any amendment to any
			 pension plan or annuity contract which—
							(I)is made by reason
			 of the amendments made by this section, and
							(II)is made on or
			 before the last day of the first plan year beginning on or after January 1,
			 2011.
							In the case of
			 a governmental plan, subclause (II) shall be applied by substituting
			 2012 for 2011.(ii)ConditionsThis
			 paragraph shall not apply to any amendment unless—
							(I)during the period
			 beginning on January 1, 2009, and ending on December 31, 2009 (or, if earlier,
			 the date the plan or contract amendment is adopted), the plan or contract is
			 operated as if such plan or contract amendment were in effect; and
							(II)such plan or
			 contract amendment applies retroactively for such period.


		II
		110th CONGRESS
		2d Session
		S. 2949
		IN THE SENATE OF THE UNITED STATES

			April 30, 2008
			Mr. Smith introduced the
			 following bill; which was read twice and referred to the
			 Committee on Indian
			 Affairs

		A BILL
		To establish the Mark O. Hatfield Scholarship and
		  Excellence in Tribal Governance Foundation and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Mark O. Hatfield Scholarship and
			 Excellence in Tribal Governance Act of 2008.
		2.FindingsCongress finds that—
			(1)Senator Mark O.
			 Hatfield served the United States with distinction and honor;
			(2)Senator Hatfield
			 has had a lasting impact on the relationship between the United States and
			 Native Americans, restoring to Federal recognition the Grand Ronde, Coquille,
			 Cow Creek Band of Umpqua Indians, Confederated Tribes of the Coos, Lower Umpqua
			 and Siuslaw Indians, and Confederated Tribes of Siletz Indians;
			(3)Senator Hatfield
			 has been a champion of the rights of Native Americans and Alaska Natives and
			 worked in Congress to strengthen tribal self-governance; and
			(4)it is a fitting
			 tribute to the leadership, courage, and bipartisan spirit that Senator Mark O.
			 Hatfield exemplifies to establish in his name programs to encourage excellence
			 in tribal government.
			3.DefinitionsIn this Act:
			(1)BoardThe
			 term Board means the Board of Trustees of the Foundation.
			(2)Eligible
			 individualThe term eligible individual means a
			 citizen or national of the United States or a permanent resident alien of the
			 United States.
			(3)FoundationThe
			 term Foundation means the Mark O. Hatfield Scholarship and
			 Excellence in Tribal Governance Foundation established by section 4(a).
			(4)InstituteThe
			 term Institute means the Institute for Tribal Government at
			 Portland State University.
			(5)Institute
			 Policy BoardThe term Institute Policy Board means
			 the Institute Policy Board for the Institute for Tribal Government at Portland
			 State University.
			(6)Institution of
			 higher educationThe term institution of higher
			 education has the meaning given the term in section 101(a) of the Higher
			 Education Act of 1965 (20 U.S.C. 1001(a)).
			(7)StateThe
			 term State means—
				(A)a State;
				(B)the District of
			 Columbia;
				(C)American
			 Samoa;
				(D)the Commonwealth
			 of the Northern Mariana Islands;
				(E)Guam;
				(F)the Republic of
			 the Marshall Islands;
				(G)the Federal
			 States of Micronesia;
				(H)the Republic of
			 Palau;
				(I)the Commonwealth
			 of Puerto Rico; and
				(J)the United States
			 Virgin Islands.
				4.Establishment of
			 the Mark O. Hatfield scholarship and excellence in tribal governance
			 foundation
			(a)EstablishmentThere is established as an independent
			 entity in the Executive branch the Mark O. Hatfield Scholarship and Excellence
			 in Tribal Governance Foundation.
			(b)Board of
			 Trustees
				(1)In
			 generalThe Foundation shall be subject to the supervision and
			 direction of a Board of Trustees.
				(2)MembershipThe
			 Board shall consist of the Institute Policy Board.
				(c)Location of
			 FoundationThe Foundation shall be located in Portland,
			 Oregon.
			(d)Executive
			 director
				(1)In
			 generalThere shall be an Executive Director of the Foundation,
			 who shall be appointed by the Board.
				(2)DutiesThe
			 Executive Director—
					(A)shall be the
			 chief executive officer of the Foundation; and
					(B)shall carry out
			 the functions of the Foundation, subject to the supervision and direction of
			 the Board, and such other functions consistent with this Act as the Board shall
			 prescribe.
					(3)CompensationThe
			 Executive Director may be compensated at the rate specified for an employee in
			 level IV of the Executive Schedule under section 5315 of title 5, United States
			 Code.
				5.PurposesThe purposes of the Foundation shall
			 be—
			(1)to develop
			 resources to properly train Native American and Alaska Native tribal council
			 members in self-government and related fields;
			(2)to foster among
			 people in the United States greater recognition and understanding of the role
			 of tribal self-government in the development of the United States;
			(3)to identify
			 critical issues facing tribal governments;
			(4)to establish a
			 program for tribal governance research at the Institute; and
			(5)to provide
			 educational outreach regarding tribal self-government.
			6.Authority of the
			 Foundation
			(a)In
			 generalThe Foundation, in consultation with the Institute, may
			 identify and conduct such programs, activities, and services as the Foundation
			 considers appropriate to carry out the purposes of the Foundation.
			(b)Programs,
			 activities, and servicesThe Foundation may, in accordance with
			 this section—
				(1)award
			 scholarships, fellowships, internships, and grants; and
				(2)provide grants to
			 the Institute to carry out and manage other programs, activities, and
			 services.
				(c)National
			 competitionThe Foundation may provide, directly or by contract,
			 for the conduct of a national competition for the purpose of selecting
			 recipients of scholarships, fellowships, internships, and grants awarded under
			 this Act.
			(d)Award of
			 scholarships, fellowships, internships, and grants
				(1)In
			 generalThe Foundation may award scholarships, fellowships,
			 internships, and grants to eligible individuals who meet the minimum criteria
			 established by the Foundation, for study in fields relating to tribal
			 governance.
				(2)Mark o.
			 hatfield scholarsRecipients of scholarships, fellowships,
			 internships, and grants under this Act shall be known as Mark O.
			 Hatfield Scholars.
				(e)Scholarships
				(1)In
			 generalThe Foundation may award scholarships to
			 outstanding—
					(A)undergraduate
			 students who intend to pursue careers relating to tribal governance; and
					(B)Native American
			 and Alaska Native undergraduate students who intend to pursue careers in tribal
			 public policy.
					(2)PaymentsAn
			 eligible individual awarded a scholarship under this Act may receive payments
			 under this Act only during such periods as the Foundation determines that the
			 eligible individual—
					(A)is maintaining
			 satisfactory proficiency and devoting full time to study or research;
			 and
					(B)is not engaging
			 in gainful employment other than employment approved by the Foundation under
			 regulations of the Board.
					(3)Reports
					(A)In
			 generalThe Foundation may require reports containing such
			 information, in such form, and to be filed at such times as the Foundation
			 determines to be necessary from any eligible individual awarded a scholarship
			 under this Act.
					(B)CertificateExcept
			 as otherwise provided under this subsection, a report under subparagraph (A)
			 shall be accompanied by a certificate from an appropriate official at the
			 institution of higher education, approved by the Foundation, stating that the
			 individual is making satisfactory progress in, and is devoting essentially full
			 time to, study or research.
					(f)FellowshipsThe
			 Foundation may award fellowships to—
				(1)outstanding
			 graduate students who intend to pursue advanced degrees in fields relating to
			 tribal governance;
				(2)outstanding
			 Native American and Alaska Native graduate students who intend to pursue
			 advanced degrees in tribal public policy, law, or medicine; and
				(3)faculty from a
			 variety of disciplines to bring the expertise of the faculty to the
			 Foundation.
				(g)InternshipsThe
			 Foundation may award internships to deserving and qualified—
				(1)individuals, for
			 use in participating in internships in Federal, State, and local agencies or in
			 offices of major tribal governance organizations; and
				(2)Native American
			 and Alaska Native individuals, for use in participating in internships in
			 Federal, State, and local agencies or in offices of major public health or
			 public policy organizations.
				(h)GrantsThe
			 Foundation shall award grants to the Institute—
				(1)to provide for an
			 annual panel of experts to discuss contemporary tribal governance
			 issues;
				(2)to conduct tribal
			 governance policy research;
				(3)to conduct
			 research on Native American and Alaska Native tribal public policy issues;
			 and
				(4)to invite
			 visiting policymakers to share practical experiences with the
			 Foundation.
				(i)CoordinationThe
			 Foundation shall assist in the development and implementation of a program for
			 tribal governance research to be located at the Institute.
			(j)Program
			 priorities
				(1)In
			 generalSubject to paragraph (2), the Foundation shall
			 determine—
					(A)the priority of
			 the programs to be carried out under this Act; and
					(B)the amount of
			 funds to be allocated for the programs.
					(2)RequirementsOf
			 amounts made available to carry out this section—
					(A)not less than 50
			 percent shall be used for the programs described in subsections (e), (f), and
			 (g);
					(B)not less than 20
			 percent shall be made available to the Institute to carry out subsections (h)
			 and (i), on the conditions that—
						(i)a
			 25-percent matching share is provided from other non-Federal sources;
			 and
						(ii)adequate space
			 at the Institute is made available by the Institute for the Executive Director
			 and other appropriate staff of the Foundation; and
						(C)not more than 15
			 percent shall be used for salaries and other administrative purposes.
					7.Authorization of
			 appropriationsThere are
			 authorized to be appropriated such sums as are necessary to carry out this
			 Act.


109 HR 182 IH: Dollars to the Classroom Act
U.S. House of Representatives
2005-01-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 182
IN THE HOUSE OF REPRESENTATIVES

January 4, 2005
Mr. Pitts introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL
To provide dollars to the classroom.

1.Short titleThis Act may be cited as the Dollars to the Classroom Act.
2.Grants to StatesThe Secretary may award grants in accordance with this Act to States for use by States and local educational agencies to improve classroom services and activities for students.
3.Grant award
(a)Reservation of fundsFrom the amount appropriated to carry out this Act for any fiscal year, the Secretary shall reserve—
(1)1/2 of 1 percent for the outlying areas, to be distributed among the outlying areas on the basis of their relative need, as determined by the Secretary in accordance with the purposes of this section; and
(2)1/2 of 1 percent for the Secretary of the Interior for programs under this Act in schools operated or funded by the Bureau of Indian Affairs.
(b)State allocationsFunds appropriated to carry out this Act for any fiscal year, which are not reserved under subsection (a), shall be allocated among the States as follows:
(1)Hold harmlessSubject to paragraph (2), no State shall receive an award under this section for any fiscal year that is less than the aggregate amount such State received to carry out programs or activities for fiscal year 2005 under the following provisions (as in effect on the day preceding the date of the enactment of this Act):
(A)Part F of title I of the Elementary and Secondary Education Act of 1965.
(B)Part A of title II of the Elementary and Secondary Education Act of 1965.
(C)Subpart 1 of part D of title II of the Elementary and Secondary Education Act of 1965.
(D)Part A of title V of the Elementary and Secondary Education Act of 1965.
(E)Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act.
(2)Insufficient fundsIf the amount of appropriations to carry out this Act for any fiscal year is insufficient to pay the full amounts that all States are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year.
(3)Remaining fundsIf funds remain after meeting the requirements of paragraph (1), such remaining funds shall be allocated among the States in the following manner:
(A)50 percent of such remaining funds shall be allocated to the States in proportion to their grants under part A of title I of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year; and
(B)50 percent of such remaining funds shall be allocated to the States in proportion to the number of children ages 5 through 17 who reside in the States, according to the most recent available data that are satisfactory to the Secretary.
(c)Definition of StateFor purposes of this section, the term State includes the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(d)Definition of outlying areaFor purposes of this section, the term outlying area includes American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(e)PaymentsFunds awarded to a State under this Act shall be paid to the individual or entity in the State that is responsible for the State administration of Federal education funds pursuant to State law.
(f)Use of State awards
(1)In generalFrom the amount made available to a State under subsection (b) for a fiscal year, the State—
(A)shall use not more than 5 percent of the amount to support programs or activities, for children ages 5 through 17, that the State determines appropriate, of which the State shall distribute 20 percent of the 5 percent to local educational agencies in the State to pay the administrative expenses of the local educational agencies that are associated with the activities and services assisted under this section; and
(B)shall distribute, pursuant to section 4(a), not less than 95 percent of the amount to local educational agencies in the State for the fiscal year to enable the local educational agencies to pay the costs of activities or services provided in the classroom, for children ages 5 through 17, that the local educational agencies determine appropriate subject to the requirements of section 4(b).
(2)Administrative expensesFor the purpose of paragraph (1)(B), the costs of activities and services provided in the classroom exclude the administrative expenses associated with the activities and services.
(g)Supplement not supplantA State or local educational agency shall use funds received under this Act only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs assisted under this Act, and not to supplant such funds.
(h)Annual reports
(1)In generalEach State receiving assistance under this part shall issue a report on an annual basis, not later than April 1 of each year beginning the year after the date of the enactment of this Act, to the Secretary, the Committee on Education and the Workforce of the House of Representatives, the Committee on Health, Education, Labor and Pensions of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate that describes how funds under this Act have been used to improve student performance in that State.
(2)CertificationEach report submitted under this subsection shall include a certification by the State that 95 percent of funding provided under this Act during the preceding fiscal year has been expended by local educational agencies within that State for classroom activities and services pursuant to subsection (f)(1)(B).
(3)Measures of performanceIn determining student academic performance within the State, the State shall use such measures of student academic performance as it deems appropriate. The State may disaggregate data by poverty, subject area, race, gender, geographic location, or other criteria as the State deems appropriate.
(4)Availability of reportEach State shall make the report described in this subsection available to parents and members of the public throughout that State.
4.Local awards
(a)Determination of amount of funds
(1)In generalThe individual or entity in the State that is responsible for the State administration of Federal education funds pursuant to State law of each State receiving assistance under this Act, in consultation with the Governor of such State, the chief State school officer of such State, representatives from the State legislature, and representatives from local educational agencies within such State, shall develop a formula for the allocation of funds described in section 3, to local educational agencies, taking into consideration—
(A)poverty rates within each local educational agency;
(B)children living in sparsely populated areas;
(C)an equitable distribution of funds among urban, rural, and suburban areas;
(D)children whose education imposes a higher than average cost per child; and
(E)such other factors as considered appropriate.
(2)Hold harmlessSubject to paragraph (3), no local educational agency shall receive an award under this subsection for any fiscal year in an amount that is less than the sum of the following:
(A)The aggregate amount the local educational agency received to carry out programs or activities for fiscal year 2005 under the following provisions (as in effect on the day preceding the date of the enactment of this Act):
(i)Part F of title I of the Elementary and Secondary Education Act of 1965.
(ii)Part A of title II of the Elementary and Secondary Education Act of 1965.
(iii)Subpart 1 of part D of title II of the Elementary and Secondary Education Act of 1965.
(iv)Part A of title V of the Elementary and Secondary Education Act of 1965.
(v)Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act.
(B)For each of fiscal years 2006 through 2010, the aggregate amount the local educational agency is eligible to receive during the fiscal year pursuant to all multiyear awards made prior to the date of enactment of this Act under any program that is repealed by section 8 and is not listed in subparagraph (A).
(3)Insufficient fundsIf the amount allocated to a State to carry out this Act for any fiscal year is insufficient to pay the full amounts that all local educational agencies in such State are eligible to receive under paragraph (2) for such year, the State shall ratably reduce such amounts for such year.
(b)Local uses of fundsFunds made available under this section to a local educational agency shall be used for the following classroom services and activities:
(1)Programs for the acquisition and use of instructional and educational materials, including library services and materials (including media materials), assessments, reference materials, and other curricular materials which are tied to high academic standards and which will be used to improve student achievement and which are part of an overall education reform program.
(2)Professional development for instructional staff.
(3)Programs to improve the higher order thinking skills of disadvantaged elementary and secondary school students and to prevent students from dropping out of school.
(4)Efforts to lengthen the school day or the school year.
(5)Programs to combat illiteracy in the student population.
(6)Programs to provide for the educational needs of gifted and talented children.
(7)Promising education reform projects that are tied to State student content and performance standards.
(8)Carrying out comprehensive school reform programs that are based on reliable research.
(9)Programs for homeless children and youth.
(10)Programs that are built upon partnerships between local educational agencies and institutions of higher education, educational service agencies, libraries, businesses, regional educational laboratories, or other educational entities, for the purpose of providing educational services consistent with this section.
(11)The acquisition of books, materials and equipment, payment of compensation of instructional staff, and instructional activities that are necessary for the conduct of programs in magnet schools.
(12)Programs to promote academic achievement among women and girls.
(13)Programs to provide for the educational needs of children with limited English proficiency or who are American Indian, Alaska Native, or Native Hawaiian.
(14)Activities to provide the academic support, enrichment, and motivation to enable all students to reach high State standards.
(15)Efforts to reduce the pupil-teacher ratio.
(16)Projects and programs which assure the participation in mainstream settings in arts and education programs of individuals with disabilities.
(17)Projects and programs to integrate arts education into the regular elementary and secondary school curriculum.
(18)Programs designed to educate students about the history and principles of the Constitution of the United States, including the Bill of Rights, and to foster civic competence and responsibility.
(19)Mathematics and science education instructional materials.
(20)Programs designed to improve the quality of student writing and learning and the teaching of writing as a learning process.
(21)Technology related to the implementation of school-based reform programs, including professional development to assist teachers and other school officials regarding how to effectively use such equipment and software.
(22)Computer software and hardware for instructional use.
(23)Developing, adapting, or expanding existing and new applications of technology.
(24)Acquiring connectivity linkages, resources, and services, including the acquisition of hardware and software, for use by teachers, students, and school library media personnel in the classroom or in school library media centers, in order to improve student learning.
(25)After-school programs designed to engage children in a constructive manner and to promote their academic, developmental, and personal growth.
(26)Developing, constructing, acquiring, maintaining, operating, and obtaining technical assistance in the use of telecommunications audio and visual facilities and equipment for use in the classroom.
(27)Developing, acquiring, and obtaining technical assistance in the use of educational and instructional video programming for use in the classroom.
(c)Parent involvementEach local educational agency receiving assistance under this section shall involve parents and members of the public in planning for the use of funds provided under this section.
5.Participation of children enrolled in private schoolsEach local educational agency that receives funds under this Act shall provide for the participation of children enrolled in private schools, and their teachers or other educational personnel, in the activities and services assisted under this Act in the same manner as private school children, and their teachers or other educational personnel, participate in activities and services under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) pursuant to sections 9501, 9502, 9503, and 9504 of such Act (20 U.S.C. 7881, 7882, 7883, and 7884).
6.DefinitionsIn this Act—
(1)the term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801);
(2)the term educational service agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801);
(3)the term Secretary means the Secretary of Education; and
(4)except as otherwise provided, the term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.
7.General provisions
(a)Rule of constructionNothing in this Act shall be construed to authorize an officer or employee of the Federal Government to require, direct, or control a State, local educational agency, or school’s specific instructional content of pupil performance standards and assessments, curriculum, or program of instruction as a condition of eligibility to receive funds under this Act.
(b)State and local determinations
(1)In generalThe Secretary shall not issue any regulation regarding the type of classroom activities or services that may be assisted under this Act.
(2)Instructional method and settingNo local educational agency shall be required to provide services under this Act through a particular instructional method or in a particular instructional setting in order to receive funding under this Act.
8.RepealsThe following provisions are repealed:
(1)Section 1503 of the Elementary and Secondary Education Act of 1965.
(2)Part F of title I of the Elementary and Secondary Education Act of 1965.
(3)Part A of title II of the Elementary and Secondary Education Act of 1965.
(4)Part B of title II of the Elementary and Secondary Education Act of 1965.
(5)Part C of title II of the Elementary and Secondary Education Act of 165.
(6)Part D of title II of the Elementary and Secondary Education Act of 1965.
(7)Part D of title V of the Elementary and Secondary Education Act of 1965.
(8)Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act.
9.Authorization of appropriationsThere are authorized to be appropriated to carry out this Act $4,383,333,000 for fiscal year 2006, $4,470,999,000 for fiscal year 2007, $4,560,419,000 for fiscal year 2008, $4,651,628,000 for fiscal year 2009, and $4,744,660,000 for fiscal year 2010.


		I
		112th CONGRESS
		2d Session
		H. R. 4882
		IN THE HOUSE OF REPRESENTATIVES

			April 26, 2012
			Mrs. Capito
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend the suspension of duty on an ion exchange resin
		  comprising a copolymer of styrene crosslinked with ethenylbenzene,
		  aminophosphonic acid, sodium form.

		1.Ion exchange resin comprising
			 a copolymer of styrene crosslinked with ethenylbenzene, aminophosphonic acid,
			 sodium form
			(a)In
			 generalHeading 9902.02.33 of
			 the Harmonized Tariff Schedule of the United States (relating to an ion
			 exchange resin comprising a copolymer of styrene crosslinked with
			 ethenylbenzene, aminophosphonic acid, sodium form) is amended by striking the
			 date in the effective period column and inserting
			 12/31/2015.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.