117 HR 1285 IH: Dental Loan Repayment Assistance Act
U.S. House of Representatives
2021-02-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
117th CONGRESS1st Session
H. R. 1285
IN THE HOUSE OF REPRESENTATIVES

February 24, 2021
Ms. Clarke of New York (for herself, Mr. Gosar, Ms. Meng, and Mr. Simpson) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend the Internal Revenue Code of 1986 to exclude from gross income certain federally subsidized loan repayments for dental school faculty.

1.Short titleThis Act may be cited as the Dental Loan Repayment Assistance Act. 2.Exclusion of certain federally subsidized loan repayments for dental school faculty (a)In generalSection 108(f)(4) of the Internal Revenue Code of 1986 is amended by inserting , under a loan repayment program receiving a grant or contract under section 748(a)(2) of such Act after section 338I of such Act.
(b)Conforming amendmentSection 108(f)(4) of the Internal Revenue Code of 1986 is amended by striking National Health Service Corps loan repayment program and certain State loan repayment programs in the heading thereof and inserting certain Federal and State loan repayment programs. (c)Effective dateThe amendments made by this section shall apply to amounts received in taxable years beginning after the date of the enactment of this Act.
(d)GAO reportThe Comptroller General of the United States shall review and report to the appropriate committees of Congress on the participation of dental providers and faculty in areas and schools receiving funding from the Dental Faculty Development and Loan Repayment Program under section 748(a)(2) of the Public Health Service Act (42 U.S.C. 293k–2(a)(2)), including the extent to which they remain full-time faculty teaching and practicing in dental clinics located in dental schools, hospitals, or community-based affiliated sites after receiving funding from the program.


		I
		111th CONGRESS
		1st Session
		H. R. 1285
		IN THE HOUSE OF REPRESENTATIVES

			March 3, 2009
			Mr. Turner (for
			 himself, Mrs. Capito,
			 Mrs. Biggert,
			 Mr. LaTourette,
			 Mrs. Schmidt,
			 Ms. Ros-Lehtinen, and
			 Mr. Cao) introduced the following
			 bill; which was referred to the Committee
			 on Financial Services

		A BILL
		To establish the Commission on the Foreclosure and
		  Mortgage Lending Crisis.

		1.Short titleThis Act may be cited as the
			 Commission on the Foreclosure and Mortgage Lending Crisis Act.
		2.Establishment of
			 CommissionThere is
			 established in the legislative branch a commission to be known as the
			 Commission on the Foreclosure and Mortgage Lending Crisis (in
			 this Act referred to as the Commission).
		3.Findings and
			 Purpose
			(a)FindingsCongress finds the following:
				(1)The United States
			 is experiencing a steady increase in foreclosures and mortgage lending problems
			 that have impacted homeowners, families, communities, the United States economy
			 and the global credit markets.
				(2)In 2006, there
			 were an estimated 1,300,000 foreclosures in the United States.
				(3)This number
			 increased by 79 percent in 2007, bringing the estimated number of foreclosures
			 nationwide to 2,200,000.
				(4)In 2008, an
			 estimated 3,200,000 foreclosures were reported nationwide.
				(5)Estimates suggest
			 that this trend is likely to continue with millions more Americans potentially
			 losing their homes to foreclosure in the next 4 years.
				(b)PurposeThe purpose of this Act is to establish a
			 commission to undertake a comprehensive analysis and review of the causes of
			 the current foreclosure and mortgage lending crisis and to submit a report of
			 its findings to the Congress. The Commission shall also recommend legislative
			 and regulatory changes that will prohibit the kinds of lending practices that
			 contributed to the increased foreclosure rate and the current mortgage lending
			 crisis.
			4.Composition
			(a)MembersThe
			 Commission shall be composed of 10 members as follows:
				(1)2
			 members shall be appointed by the Speaker of the House of
			 Representatives.
				(2)2
			 members shall be appointed by the minority leader of the House of
			 Representatives.
				(3)2
			 members shall be appointed by the majority leader of the Senate.
				(4)2
			 members shall be appointed by the minority leader of the Senate.
				(5)The Secretary of
			 the Treasury or his designee.
				(6)The Chairman of
			 the Board of Governors of the Federal Reserve System or his designee.
				(b)Deadline for
			 appointmentAll members of
			 the Commission shall be appointed not later than 30 days after the date of the
			 enactment of this Act.
			(c)Co-ChairmenOf the members appointed to the Commission
			 under paragraphs (1) through (4) of subsection (a), 2 shall be designated as
			 the Co-Chairmen of the Commission. One Co-Chairman shall be designated by the
			 Speaker of the House of Representatives in consultation with the majority
			 leader of the Senate and the other Co-Chairman shall be designated by the
			 minority leader of the House of Representatives in consultation with the
			 minority leader of the Senate.
			(d)VacanciesAny vacancy in the Commission shall not
			 affect its powers and shall be filled in the same manner in which the original
			 appointment was made.
			(e)Compensation
				(1)In
			 generalMembers of the Commission shall serve without pay.
				(2)Travel
			 ExpensesWhile away from their homes or regular places of
			 business in the performance of services for the Commission, members of the
			 Commission shall be allowed travel expenses, including per diem in lieu of
			 subsistence, in the same manner as persons employed intermittently in the
			 Government service are allowed expenses under section 5703 of title 5, United
			 States Code.
				(f)Initial Meeting;
			 Rules of Procedure; Quorum
				(1)Initial
			 meetingThe Commission shall
			 meet and begin the operations of the Commission not later than 60 days after
			 the date of the enactment of this Act.
				(2)MeetingsAfter
			 its initial meeting, the Commission shall meet upon the call of a majority of
			 its members.
				(3)QuorumA
			 majority of the members of the Commission shall constitute a quorum.
				(4)Rules of
			 ProcedureThe Commission may
			 establish rules for the conduct of the Commission’s business, if such rules are
			 consistent with this Act and other applicable law.
				5.Duties
			(a)In
			 generalThe Commission shall—
				(1)study and assess the current legal and
			 regulatory framework governing the housing mortgage lending markets and
			 investigate how such framework contributed to the increased foreclosure rate,
			 including—
					(A)refinancing
			 practices;
					(B)loan-to-value
			 ratios; and
					(C)the prevalence of
			 fraudulent industry practices;
					(2)recommend changes
			 to the current legal and regulatory framework to prohibit lending practices
			 that have contributed to the mortgage lending crisis;
				(3)review the impact
			 of subprime abuses and predatory lending practices;
				(4)assess the role of
			 States in enacting policies to reduce predatory lending practices and abuses in
			 the subprime markets;
				(5)assess the impact of mortgage-backed
			 securities and the Federal National Mortgage Corporation (Fannie
			 Mae) and the Federal Home Loan Mortgage Corporation (Freddie
			 Mac) on the mortgage lending crisis; and
				(6)assess the impact of the Community
			 Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.) on the mortgage lending
			 crisis.
				(b)Final
			 ReportNot later than 12
			 months after the date of enactment of this Act, the Commission shall submit to
			 the Congress a final report containing such findings, conclusions, and
			 recommendations as have been agreed to by a majority of Commission members. If,
			 at the conclusion of such 12-month period, a majority of the Commission
			 determines it necessary, the Commission may be granted a 6-month extension for
			 submission of its final report upon written notification to the
			 Congress.
			6.Powers of the
			 Commission
			(a)Hearings and
			 evidenceThe Commission may, for the purpose of carrying out this
			 Act—
				(1)hold such hearings
			 and sit and act at such times and places, take such testimony, receive such
			 evidence, administer such oaths; and
				(2)subject to
			 subsection (b)(1), subpoena or otherwise require the attendance and testimony
			 of such witnesses and the production of such books, records, correspondence,
			 memoranda, papers, and documents as the Commission may determine
			 advisable.
				(b)Subpoenas
				(1)Issuance
					(A)In
			 generalA subpoena may be issued under this section only by the
			 affirmative vote of a majority of the members of the Commission.
					(B)SignatureSubject to subparagraph (A), subpoenas
			 issued under this section may be issued under the signature of the Co-Chairmen
			 or any member designated by a majority of the Commission, may be served by any
			 person designated by the Co-Chairmen or by a member designated by a majority of
			 the Commission.
					(2)Enforcement
					(A)In
			 generalIn the case of contumacy or failure to obey a subpoena
			 issued under paragraph (1), the United States district court for the judicial
			 district in which the subpoenaed person resides, is served, or may be found, or
			 where the subpoena is returnable, may issue an order requiring such person to
			 appear at any designated place to testify or to produce documentary or other
			 evidence. Any failure to obey the order of the court may be punished by the
			 court as a contempt of that court.
					(B)Additional
			 enforcementIn the case of any failure of any witness to comply
			 with any subpoena or to testify when summoned under authority of this section,
			 the Commission may, by majority vote, certify a statement of fact constituting
			 such failure to the appropriate United States attorney, who may bring the
			 matter before the grand jury for its action, under the same statutory authority
			 and procedures as if the United States attorney had received as certification
			 under section 102 through 104 of the Revised Statutes of the United States (2
			 U.S.C. 192 through 194).
					(c)Contract
			 authorityThe Commission may,
			 to such extent and in such amounts as are provided in appropriation Acts, enter
			 into contracts to enable the Commission to carry out its duties under this
			 Act.
			(d)Information From
			 Federal Agencies
				(1)In
			 generalThe Commission is
			 authorized to secure directly from any executive department, bureau, agency,
			 board, commission, office, independent establishment, or instrumentality of the
			 Government, information, suggestions, estimates, and statistics to carry out
			 its duties under this Act. Each department, bureau, agency, board, commission,
			 office, independent establishment, or instrumentality shall, to the extent
			 authorized by law, furnish such information, suggestions, estimates, and
			 statistics directly to the Commission, upon request made by a majority of the
			 members of the Commission.
				(2)Receipt,
			 handling, storage, and disseminationInformation shall only be received,
			 handled, stored, and disseminated by members of the Commission and its staff
			 consistent with all applicable statutes, regulations, and Executive
			 orders.
				(e)Assistance From
			 Federal Agencies
				(1)General services
			 administrationThe Administrator of General Services shall
			 provide to the Commission on a reimbursable basis administrative support and
			 other services to assist the Commission in carrying out its duties.
				(2)Other
			 departments and agenciesIn addition to the assistance described
			 in paragraph (1), departments and agencies of the United States may provide to
			 the Commission such services, funds, facilities, staff, and other support
			 services as they may determine advisable and as may be authorized by
			 law.
				(f)Postal
			 ServicesThe Commission may
			 use the United States mails in the same manner and under the same conditions as
			 departments and agencies of the United States.
			(g)Staff
				(1)In
			 General
					(A)Appointment and
			 compensationThe Co-Chairmen, in accordance with rules agreed
			 upon by the Commission, may appoint and fix the compensation of a staff
			 director and such other personnel as may be necessary to enable the Commission
			 to carry out its duties, without regard to the provisions of title 5, United
			 States Code, governing appointments in the competitive service, and without
			 regard to the provisions of chapter 51 and subchapter III of chapter 53 of such
			 title relating to classification and General Schedule pay rates, except that no
			 rate of pay fixed under this subsection may exceed the equivalent of that
			 payable for a position at level IV of the Executive Schedule under section 5316
			 of title 5, United States Code.
					(B)Personnel as
			 Federal employees
						(i)In
			 generalThe staff director and any personnel of the Commission
			 who are employees shall be employees under section 2105 of title 5, United
			 States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of
			 that title.
						(ii)Members of the
			 CommissionClause (i) shall not apply to members of the
			 Commission.
						(2)DetaileesAny
			 Federal Government employee may be detailed to the Commission without
			 reimbursement from the Commission, and such detailee shall retain the rights,
			 status, and privileges of his or her regular employment without
			 interruption.
				(3)Expert and
			 Consultant ServicesThe Commission is authorized to procure the
			 services of experts and consultants in accordance with section 3109 of title 5,
			 United States Code, but at rates not to exceed the daily rate paid to a person
			 occupying a position at level IV of the Executive Schedule under section 5315
			 of title 5, United States Code.
				(4)Volunteer
			 ServicesNotwithstanding section 1342 of title 31, United States
			 Code, the Commission may accept and use voluntary and uncompensated services as
			 the Commission determines necessary.
				7.Nonapplicability
			 of Federal Advisory Committee Act
			(a)In
			 GeneralThe Federal Advisory Committee Act (5 U.S.C. App.) shall
			 not apply to the Commission.
			(b)Public Meetings
			 and Release of Public Versions of ReportsThe Commission
			 shall—
				(1)hold public
			 hearings and meetings to the extent appropriate; and
				(2)release public
			 versions of the report required under section 5(b).
				(c)Public
			 HearingsAny public hearings of the Commission shall be conducted
			 in a manner consistent with the protection of information provided to or
			 developed for or by the Commission as required by any applicable statute,
			 regulations, or Executive order.
			8.Termination
			(a)In
			 generalThe Commission and
			 all the authorities of this Act, shall terminate not later than 60 days after
			 the date on which the final report is submitted under section 5(b).
			(b)Administrative
			 activities before terminationThe Commission may use the 60-day
			 period referred to in subsection (a) for the purpose of concluding its
			 activities, including providing testimony to committees of Congress concerning
			 its report and disseminating the final report.
			(c)Authorization of
			 appropriationThere are
			 authorized to be appropriated such sums as necessary to carry out this
			 Act.


114 HR 4050 IH: Passenger Train Derailment Prevention Act
U.S. House of Representatives
2015-11-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 4050
		IN THE HOUSE OF REPRESENTATIVES

			November 17, 2015
			Mr. Sean Patrick Maloney of New York introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

		A BILL
		To provide for the identification of certain dangerous railroad locations, and for the safety of
			 passenger operations at such locations.

 1.Short titleThis Act may be cited as the Passenger Train Derailment Prevention Act. 2.Dangerous railroad locations (a)AmendmentSubchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following new section:

					20168.Dangerous railroad locations.
 (a)IdentificationNot later than 90 days after the date of enactment of the Passenger Train Derailment Prevention Act, each railroad carrier on whose tracks an entity providing regularly scheduled intercity rail passenger transportation or commuter rail passenger transportation, as defined in section 24102, conducts such transportation shall submit to the Secretary of Transportation a list identifying each curve, bridge, tunnel, or other location on such tracks where the maximum authorized operating speed for such a passenger train is at least 20 miles per hour less than the maximum approach speed. The Secretary shall provide such information to the Committee on Transportation and Infrastructure of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate, along with a list of any additional track locations the Secretary identifies as dangerous.
 (b)Safety regulationsNot later than 180 days after the date of enactment of the Passenger Train Derailment Prevention Act, the Secretary shall exercise the authority granted under section 20104 to require that, not later than 90 days after the exercise of such authority—
 (1)each entity providing regularly scheduled intercity rail passenger transportation or commuter rail passenger transportation, as defined in section 24102, using a train equipped with an automatic train control system modify such system to automatically slow down the train if it fails to comply with applicable maximum authorized speed limits at the locations identified under subsection (a);
 (2)each entity providing regularly scheduled intercity rail passenger transportation or commuter rail passenger transportation, as defined in section 24102, using a train not equipped with an automatic train control system provide that the train movement through the locations identified under subsection (a) be made—
 (A)with a second qualified crewmember in the cab of the controlling locomotive; or (B)with constant communication between the locomotive engineer and an additional qualified and designated crewmember in the body of the train; and
 (3)each railroad carrier on whose tracks regularly scheduled intercity rail passenger transportation or commuter rail passenger transportation is conducted install additional wayside signage along the carrier’s tracks where such transportation is conducted alerting engineers and conductors of the maximum authorized passenger train speed, particularly at the locations identified under subsection (a).
 (c)Alternative safety measuresThe Secretary may exempt from the requirements of this section any segment of track for which operations are governed by a positive train control system certified under section 20157 or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk..
 (b)Table of sections amendmentThe table of sections for subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following new item:

						Sec. 20168. Dangerous railroad locations..


		I
		111th CONGRESS
		1st Session
		H. R. 4229
		IN THE HOUSE OF REPRESENTATIVES

			December 8, 2009
			Ms. Bean (for herself
			 and Mrs. Capito) introduced the
			 following bill; which was referred to the Committee on Financial
			 Services

		A BILL
		To amend the Real Estate Settlement Procedures Act of
		  1974 to ensure that borrowers under federally related mortgage loans have an
		  opportunity to inspect closing documents.

		1.Short titleThis Act may be cited as the
			 Borrowers' Right to Inspect Closing
			 Documents Act of 2009.
		2.Furnishing of
			 closing documents to borrowerSection 4 of the Real Estate Settlement
			 Procedures Act of 1974 (12 U.S.C. 2603) is amended by striking subsection (b)
			 and inserting the following new subsection:

				(b)Furnishing of
				closing documents to borrower three days before settlement
					(1)Lender
				responsibilitiesThe lender
				shall furnish to the person conducting the settlement (in this subsection
				referred to as the settlement agent), at least four business
				days before the scheduled date of settlement, the completed promissory note,
				deed of trust or other mortgage instrument, as the case may be, all items that
				are needed to complete the uniform settlement statement, the final
				Truth-in-Lending Act disclosure, and the final closing instructions.
					(2)Furnishing of
				closing documents to borrowers
						(A)RequirementExcept as provided in paragraphs (3) and
				(4), the settlement agent shall furnish to the borrower, at least three
				business days preceding the scheduled date of settlement and using the method
				selected by the borrower pursuant to subparagraph (B) of this paragraph—
							(i)the completed
				documents set forth in paragraph (1), except for the final closing
				instructions, and
							(ii)the completed
				uniform settlement statement,
							as
				long as the lender has timely provided the requisite items and documents to the
				settlement agent. The settlement agent shall not be responsible for the
				lender’s failure to comply with paragraph (1).(B)Methods of
				furnishing documentsThe borrower may select to have the
				documents required under subparagraph (A) furnished by—
							(i)electronic mail, subject to the Electronic
				Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.);
							(ii)telephone
				facsimile machine; or
							(iii)making the
				documents available for personal inspection at the office of the settlement
				agent and providing a copy of the documents to the borrower to retain.
							(3)Corrections
						(A)In
				generalNotwithstanding any
				provision of paragraph (2) to the contrary, the settlement agent may make
				corrections to the uniform settlement statement and any related documents prior
				to the scheduled date of settlement, if—
							(i)an
				update of the title search and examination of the prospective mortgaged
				property reveals any defects, liens, encumbrances, or other matters not
				discovered in previous searches;
							(ii)subject to the
				lender’s approval, the borrower’s inspection of the prospective mortgaged
				property requires financial adjustments;
							(iii)the borrower and
				lender agree to make material changes to the loan transaction; or
							(iv)any other
				permissible corrections, as identified by regulation by the Secretary, are
				made.
							(B)TimingThe requirement under paragraph (2) to
				provide completed documents and the completed settlement statement at least
				three business days before settlement shall not apply to any uniform settlement
				statement and related documents corrected pursuant to subparagraph (A) of this
				paragraph.
						(4)Exemption by
				SecretaryThe Secretary may
				exempt from the requirements of this subsection the following
				settlements:
						(A)Settlements
				occurring in localities where the final settlement statement is not customarily
				provided at or before the date of settlement.
						(B)Settlements under
				which compliance with the requirements of this subsection is
				impractical.
						.


113 S2807 IS: Death in Custody Reporting Act of 2013
U.S. Senate
2014-09-15
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.

II113th CONGRESS2d SessionS. 2807IN THE SENATE OF THE UNITED STATESSeptember 15, 2014Mr. Blumenthal introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo encourage States to report to the Attorney General certain information regarding the deaths of
			 individuals in the custody of law enforcement agencies, and for other
			 purposes.1.Short titleThis Act may be cited as the Death in Custody Reporting Act of 2013.2.State information regarding individuals who die in the custody of law enforcement(a)In GeneralFor each fiscal year after the expiration of the period specified in subsection (c)(1) in which a
			 State receives funds for a program referred to in subsection (c)(2), the
			 State shall report to the Attorney General, on a quarterly basis and
			 pursuant to guidelines established by the Attorney General, information
			 regarding the death of any person who is detained, under arrest, or is in
			 the process of being arrested, is en route to be incarcerated, or is
			 incarcerated at a municipal or county jail, State prison, State-run boot
			 camp prison, boot camp prison that is contracted out by the State, any
			 State or local contract facility, or other local or State correctional
			 facility (including any juvenile facility).(b)Information requiredThe report required by this section shall contain information that, at a minimum, includes—(1)the name, gender, race, ethnicity, and age of the deceased;(2)the date, time, and location of death;(3)the law enforcement agency that detained, arrested, or was in the process of arresting the
			 deceased; and(4)a brief description of the circumstances surrounding the death.(c)Compliance and Ineligibility(1)Compliance dateEach State shall have not more than 120 days from the date of enactment of this Act to comply with
			 subsection (a), except that—(A)the Attorney General may grant an additional 120 days to a State that is making good faith efforts
			 to comply with such subsection; and(B)the Attorney General shall waive the requirements of subsection (a) if compliance with such
			 subsection by a State would be unconstitutional under the constitution of
			 such State.(2)Ineligibility for fundsFor any fiscal year after the expiration of the period specified in paragraph (1), a State that
			 fails to comply with subsection (a), shall, at the discretion of the
			 Attorney General, be subject to not more than a 10-percent reduction of
			 the funds that would otherwise be allocated for that fiscal year to the
			 State under subpart 1 of part E of title I of the Omnibus Crime Control
			 and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance
			 Programs, the Local Government Law Enforcement Block Grants Program, the
			 Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.(d)ReallocationAmounts not allocated under a program referred to in subsection (c)(2) to a State for failure to
			 fully comply with subsection (a) shall be reallocated under that program
			 to States that have not failed to comply with such subsection.(e)DefinitionsIn this section the terms boot camp prison and State have the meaning given those terms, respectively, in section 901(a) of the Omnibus Crime Control
			 and Safe Streets Act of 1968 (42 U.S.C. 3791(a)).(f)Study and report of information relating to deaths in custody(1)Study requiredThe Attorney General shall carry out a study of the information reported under subsection (b) and
			 section 3(a) to—(A)determine means by which such information can be used to reduce the number of such deaths; and(B)examine the relationship, if any, between the number of such deaths and the actions of management
			 of such jails, prisons, and other specified facilities relating to such
			 deaths.(2)ReportNot later than 2 years after the date of the enactment of this Act, the Attorney General shall
			 prepare and submit to Congress a report that contains the findings of the
			 study required by paragraph (1).3.Federal law enforcement death in custody reporting requirement(a)In generalFor each fiscal year (beginning after the date that is 120 days after the date of the enactment of
			 this Act), the head of each Federal law enforcement agency shall submit to
			 the Attorney General a report (in such form and manner specified by the
			 Attorney General) that contains information regarding the death of any
			 person who is—(1)detained, under arrest, or in the process of being arrested by any officer of such Federal law
			 enforcement agency (or by any State or local law enforcement officer while
			 participating in and for purposes of a Federal law enforcement operation,
			 task force, or any other Federal law enforcement capacity carried out by
			 such Federal law enforcement agency); or(2)en route to be incarcerated or detained, or incarcerated or detained, at—(A)any facility (including any immigration or juvenile facility) pursuant to a contract with such
			 Federal law enforcement agency;(B)any State or local government facility used by such Federal law enforcement agency; or(C)any Federal correctional facility or Federal pre-trial detention facility located within the United
			 States.(b)Information requiredEach report required by this section shall include, at a minimum, the information required by
			 section 2(b).(c)Study and reportInformation reported under subsection (a) shall be analyzed and included in the study and report
			 required by section 2(f).


111 HR 261 IH: Chemical Facility Security Improvement Act of 2009
U.S. House of Representatives
2009-01-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		111th CONGRESS
		1st Session
		H. R. 261
		IN THE HOUSE OF REPRESENTATIVES

			January 7, 2009
			Ms. Jackson-Lee of
			 Texas (for herself and Mr. Thompson of
			 Mississippi) introduced the following bill; which was referred to
			 the Committee on Energy and
			 Commerce, and in addition to the Committee on
			 Homeland Security, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To provide that no Federal funds may be used by the
		  Secretary of Homeland Security to approve a site security plan for a chemical
		  facility, unless the facility meets or exceeds security standards and
		  requirements to protect the facility against acts of terrorism established for
		  such a facility by the State or local government for the area where the
		  facility is located, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Chemical Facility Security Improvement
			 Act of 2009.
		2.Performance
			 standards for security of chemical facilities
			(a)Limitation on
			 use of funds
				(1)LimitationNo Federal funds may be used by the
			 Secretary of Homeland Security to approve a site security plan for a chemical
			 facility unless the facility meets or exceeds security standards and
			 requirements to protect the facility against acts of terrorism established for
			 such a facility by the State or local government for the area where the
			 facility is located.
				(2)DefinitionsIn this subsection, each of the terms
			 site security plan and chemical facility has the
			 meaning that the term has in section 550 of the Department of Homeland Security
			 Appropriations Act, 2007 (Public Law 109–295; 120 Stat. 1388), as amended by
			 this Act.
				(b)Amendments to
			 existing law relating to approval of security plansSection 550 of the Department of Homeland
			 Security Appropriations Act, 2007 (Public Law 109–295; 120 Stat. 1388) is
			 amended—
				(1)in subsection
			 (a)—
					(A)by inserting from a terrorist
			 attack after shall issue interim final regulations establishing
			 risk-based performance standards for security of chemical
			 facilities;
					(B)by inserting of a terrorist
			 attack after in the discretion of the Secretary, present high
			 levels of security risk; and
					(C)by striking
			 the Secretary may not disapprove a site security plan submitted under
			 this section based on the presence or absence of a particular security measure,
			 but;
					(2)in subsection
			 (c)—
					(A)by striking
			 consistent with similar and inserting identical
			 to;
					(B)by striking
			 vulnerability assessments, site security plans, and other information
			 submitted to or obtained by the Secretary under this section, and related
			 vulnerability or security information, and inserting
			 vulnerability assessments and site security plans; and
					(C)by striking classified
			 material and inserting sensitive security information (as that
			 term is used in section 1520.5 of title 49, Code of Federal
			 Regulations); and
					(3)in subsection (d),
			 by striking: : Provided, That nothing in this section
			 confers upon any person except the Secretary a right of action against an owner
			 or operator of a chemical facility to enforce any provision of this
			 section..


115 HR 4019 IH: Pretrial Integrity and Safety Act of 2017
U.S. House of Representatives
2017-10-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 4019IN THE HOUSE OF REPRESENTATIVESOctober 11, 2017Mr. Ted Lieu of California (for himself, Mr. Curbelo of Florida, Mrs. Love, and Ms. Jackson Lee) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo provide grants to States and Indian tribes to reform their criminal justice system to encourage
			 the replacement of the use of payment of secured money bail as a condition
			 of pretrial release in criminal cases, and for other purposes.

 1.Short titleThis Act may be cited as the Pretrial Integrity and Safety Act of 2017. 2.Purpose and findings (a)PurposeThe purpose of this Act is to provide grants to States and Indian tribes to reform their criminal justice system to encourage the replacement of the use of payment of money bail as a condition of pretrial release in criminal cases.
 (b)FindingsCongress finds the following: (1)The money bail system has proven to be an ineffective method of protecting public safety. Research shows that under money bail systems, nearly 50 percent of defendants who were determined to be high-risk were allowed to return to the community with little or no effective oversight simply because they could afford to pay the amount set for money bail.
 (2)Other studies have shown that for low-risk individuals, pretrial detention for even short periods makes it more likely the individuals will commit new crimes following release. Low-risk defendants held for as little as 3 days are 40 percent more likely to commit a crime during the pretrial period compared to comparable defendants released within 24 hours.
 (3)According to the Arnold Foundation, Compared to individuals released within 24 hours of arrest, low-risk defendants held 2–3 days were 17 percent more likely to commit another crime within two years. Detention periods of 4–7 days yielded a 35 percent increase in re-offense rates. And defendants held for 8–14 days were 51 percent more likely to recidivate than defendants who were detained less than 24 hours..
 (4)Jailing arrested individuals before trial is the greatest expense generated by current pretrial justice practice. Unconvicted detainees account for 95 percent of jail population growth, nationally, since 2000. Taxpayers now spend approximately $38,000,000 per day to jail individuals who are awaiting trial. Annually, this adds up to $14,000,000,000 used to detain individuals.
 (5)Unnecessary detention may be counterproductive and undermine an important purpose of money bail—specifically to produce the defendant at trial. Studies show that those who are detained pretrial for more than 24 hours and then released are less likely to reappear as required than other similarly situated defendants who are detained for less than 24 hours.
 (6)In Bearden v. Georgia, 461 U.S. 660, 671 (1983), the Supreme Court of the United States stated that the due process and equal protection principles of the Fourteenth Amendment to the Constitution of the United States prohibit punishing a person for his poverty. The Court prohibited the incarceration of indigent probationers for non-willful failure to pay a fine because to do otherwise would deprive the probationer of his conditional freedom simply because, through no fault of his own, he cannot pay the fine.. State and local justice systems that impose money bail that leads to pretrial defendants being detained because they cannot afford a money bail amount may result in punishing a person for his or her poverty.
 (7)Pretrial detention can lead to devastating effects, including threatening the employment, housing stability, child custody, and access to healthcare of an individual. Barker v. Wingo, 407 U.S. 514, 532–33 (1972) (The time spent in jail awaiting trial has a detrimental impact on the individual. It often means loss of a job; it disrupts family life; and it enforces idleness. Most jails offer little or no recreational or rehabilitative programs. The time spent in jail is simply dead time. Moreover, if a defendant is locked up, he is hindered in his ability to gather evidence, contact witnesses, or otherwise prepare his defense. Imposing those consequences on anyone who has not yet been convicted is serious. It is especially unfortunate to impose them on those persons who are ultimately found to be innocent.).
 (8)Nationwide, about 9 in 10 detained defendants had a money bail amount set but were unable to meet the financial conditions required to secure release.
 (9)The inability to post money bail may result in innocent individuals pleading guilty to low-level crimes so they can be released.
 (10)Money bail systems have resulted in disparate harms to poor people and communities of color. Studies have shown that African-American and Hispanic defendants are more likely to be detained pretrial than White defendants and less likely to be able to post money bail so they can be released. Moreover, race and money bail amounts are significantly correlated. Nationally, African-American men pay 35 percent higher money bail amounts than White men, and Hispanic men pay 19 percent higher money bail amounts than White men.
 (11)Congress should encourage replacement of the practice of money bail systems to provide for a more equal and effective criminal justice system for the people of the United States.
 3.Pretrial integrity and safetyTitle I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following:

				MMPretrial integrity and safety
 3031.DefinitionsIn this part— (1)the term charge-risk profile means a composite of the charge (or charge category) and risk score (or risk category of failing to appear in court or being rearrested) of a defendant;
 (2)the term eligible entity means a public or private entity, including— (A)a nonprofit entity (including a tribal nonprofit);
 (B)a faith-based or community organization; (C)a State or tribal court system;
 (D)a unit of local government; and (E)an Indian tribe;
 (3)the term evidence-based practices, with respect to supervision of the conditions of pretrial release, means intervention programs and supervision policies, procedures, programs, and practices that scientific research demonstrates are the least restrictive necessary to reduce the instance of a failure by a defendant to appear in court or criminal activity by a defendant during the pretrial period, when implemented competently;
 (4)the term least restrictive conditions— (A)includes court date notifications by phone call, letter or postcard, text message, in-person reminder, or another noninvasive pretrial supervisory condition; and
 (B)does not include a condition that imposes additional financial obligations on the defendant, including charging the defendant for implementation of the conditions;
 (5)the term money bail means a secured monetary obligation that is imposed by a court as a condition of the release of a defendant before the trial or adjudication of the criminal charges pending against the defendant;
 (6)the term reason for detention means whether a defendant was held without bond, held on another charge, or held for another reason;
 (7)the term release condition means whether a defendant was released— (A)based on nonfinancial, personal recognizance;
 (B)with pretrial supervision; (C)with an unsecured financial obligation; or
 (D)with a secured financial obligation; and (8)the term State or tribal court system means the court, court system, administrative offices of the courts, or similarly situated agency of a State or Indian tribe.
						3032.Grants and conditions
						(a)Grants authorized
 (1)Replacement of money bailThe Assistant Attorney General may make grants to State and tribal court systems and eligible entities for the replacement of the use of payment of money bail as a condition of pretrial release with respect to criminal cases.
 (2)National Pretrial Reporting ProgramThe Assistant Attorney General may make grants to eligible entities to implement a National Pretrial Reporting Program to collect data on the processing of defendants by courts of States and units of local government.
							(b)Terms and conditions
 (1)Duration of grantsA grant under subsection (a) shall be for a period of 3 fiscal years. (2)Maximums (A)Replacement of money bailUnder subsection (a)(1), the Assistant Attorney General may make—
 (i)not more than 6 grants to a State or tribal court system during each fiscal year; and (ii)not more than $10,000,000 in grants during each fiscal year, of which—
 (I)not more than $6,500,000 shall be grants to State or tribal court systems; and (II)not more than $3,500,000 shall be grants to eligible entities to provide technical assistance, training, and performance evaluation.
 (B)National Pretrial Reporting ProgramThe Assistant Attorney General may not make more than $5,000,000 in grants under subsection (a)(2) during each fiscal year.
								(c)Use of funds for replacement of money bail grants
 (1)ActivitiesAmounts received under a grant under subsection (a)(1) shall be used for developing the long-term, sustainable capacity to perform more effective pretrial practices that include system analysis, training and technical assistance, meeting facilitation, research and performance evaluation, and information technology reprogramming, and shall seek to incorporate and implement the elements described in paragraph (2).
 (2)ElementsThe elements described in this paragraph are— (A)replacing money bail systems with individualized, pretrial assessments that—
 (i)measure the risk of flight and risk of anticipated criminal conduct posed by a defendant while on pretrial release; and
 (ii)shall use risk-based decision making that includes objective, research-based, and locally validated assessment tools that do not result in unwarranted disparities on the basis of any classification protected under Federal non-discrimination laws or the non-discrimination laws of the applicable State;
 (B)providing for— (i)a presumption of release in most cases; and
 (ii)a preventative detention protocol only for cases in which a judicial officer determines, by clear and convincing evidence and after a hearing during which the defendant is represented by counsel, that the appearance of the defendant in court and the safety of the community cannot reasonably be assured through the use of any combination of conditions;
 (C)if pretrial release requires imposing conditions, ensuring it is based on the least restrictive conditions that a judicial officer determines would reasonably assure the appearance of the defendant and the safety of others in the community;
 (D)ensuring supervision of the conditions of pretrial release is based on evidence-based practices; (E)ensuring a defendant is provided with counsel at the earlier of—
 (i)as soon as is feasible after custodial restraint; or (ii)the first appearance before a committing magistrate, judge, or other judicial officer;
 (F)ensuring an officer of the State, unit of local government, or Indian tribe appears before a committing magistrate, judge, or other judicial officer at the pretrial hearing;
 (G)ensuring the constitutional right of a defendant to a speedy trial is effectuated, including— (i)setting specific limits on the time within which either the defendant shall be brought to trial or the case shall be resolved through a nontrial disposition;
 (ii)providing guidelines for computing the time within which the trial must be commenced or the case otherwise resolved; and
 (iii)establishing appropriate consequences in the event that the right of the defendant to a speedy trial is denied;
 (H)ensuring that the defendant, State, unit of local government, or Indian tribe is entitled to an immediate, expedited appeal of a pretrial detention decision; and
 (I)instituting a system of data collection and reporting to determine the effectiveness of the program replacing the money bail system.
 (3)BenchmarksA State or tribal court systems or eligible entity receiving a grant under subsection (a)(1) shall seek to achieve the following:
 (A)Defendants return to court rates are not less than 95 percent. (B)Not more than 10 percent of defendants are rearrested pending trial.
 (C)Overall release rates of defendants pending trial are not less than 85 percent. (D)100 percent of defendants have an attorney at the first appearance of the defendant before a magistrate, judge, or other judicial officer.
 (E)The majority of defendants preventively detained were detained after a hearing that occurred not later than 3 days after the date of the arrest or booking of the defendant, and 100 percent of such hearings occurred not later than 7 days after the date of the arrest or booking.
 (F)Validated pretrial assessments with risk-based decision making that do not lead to disproportionately higher pretrial detention rates for individuals on the basis of race and ethnicity.
 (4)Alternative pretrial release mechanismsNothing in this part shall be construed to prohibit the consideration of alternative pretrial release mechanisms that replace money bail systems while furthering the principles described in this part.
							(d)Annual report
 (1)In generalEach entity receiving a grant under this section shall submit to the Assistant Attorney General, for each fiscal year during which the entity expends amounts received under the grant, a report, at such time and in such manner as the Assistant Attorney General may reasonably require, that contains—
 (A)a summary of the activities carried out using amounts made available under the grant; (B)an assessment of whether the activities are meeting the need for the program identified in the application for the grant;
 (C)for a grant under subsection (a)(1), data on the money bail program of the State or Indian tribe; and
 (D)such other information as the Assistant Attorney General may require. (2)DataThe data provided under paragraph (1)(C) shall—
 (A)be broken down by the demographic variables of age group, sex, race and ethnicity, disability, and charge-risk profile of the defendant;
 (B)include the percentage of defendants detained in jail or prison who are released from jail or prison prior to case disposition, broken down by demographic variables of age group, sex, race and ethnicity, disability, charge-risk profile, and release condition;
 (C)provide the average time to release from jail for defendants who are released pretrial, broken down by demographic variables of age group, sex, race and ethnicity, disability, charge-risk profile, and release condition;
 (D)provide the percentage of defendants who are detained for the entire duration of the pretrial phase of their case, broken down by demographic variables of age group, sex, race and ethnicity, disability, charge-risk profile, and reason for detention;
 (E)provide the average duration of the period defendants who are not released are in custody in a prison or jail before the disposition of their case, broken down by demographic variables of age group, sex, race and ethnicity, disability, charge-risk profile, and reason for detention;
 (F)provide the percentage of defendants released from custody before trial who appeared at all court appearances for which the court expected them to appear during the pretrial phase of their case, broken down by demographic variables of age group, sex, race and ethnicity, disability, charge-risk profile, and release condition;
 (G)provide the percentage of defendants released from custody before trial who were not arrested for or charged with a new crime during the pretrial phase of their case, broken down by demographic variables of age group, sex, race and ethnicity, disability, charge-risk profile, and release condition;
 (H)provide data on the access of defendants to counsel, including the number of counsel appointments for indigent defendants and the outcomes of pretrial release decisions based on whether counsel was provided; and
 (I)include a summary of the steps the entity has taken to ensure that any risk assessment tool— (i)is properly and regularly validated based on reliable local data;
 (ii)includes objective, research-based data; and (iii)does not result in unwarranted disparities on the basis of any classification protected under Federal non-discrimination laws or the non-discrimination laws of the applicable State.
									(e)Allocation of funds
 (1)In generalFor fiscal year 2018, of the amounts appropriated to the Office, the Assistant Attorney General shall use $15,000,000 to carry out this part.
							(2)Limitations; equitable distribution
 (A)LimitationsOf the amount made available to carry out this section in any fiscal year— (i)not more than 2 percent may be used by the Assistant Attorney General for salaries and administrative expenses; and
 (ii)not more than 25 percent may be used for technical assistance, training, and evaluation. (B)Equitable distributionThe Assistant Attorney General shall ensure that grants awarded under this section are equitably distributed among the geographical regions and between urban and rural populations, including Indian tribes, consistent with the objective of reducing recidivism among criminal offenders.
 (f)Reallocation of appropriationsA recipient of a grant under subsection (a) shall return to the Assistant Attorney General any amounts received under a grant under subsection (a) that are not expended for a purpose described in this section..


117 HR 4366 IH: Women and Minorities in STEM Booster Act of 2021
U.S. House of Representatives
2021-07-06
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.

I117th CONGRESS1st SessionH. R. 4366IN THE HOUSE OF REPRESENTATIVESJuly 6, 2021Mrs. Carolyn B. Maloney of New York (for herself, Ms. Jackson Lee, and Ms. Strickland) introduced the following bill; which was referred to the Committee on Science, Space, and TechnologyA BILLTo increase the participation of historically underrepresented demographic groups in science, technology, engineering, and mathematics education and industry.1.Short titleThis Act may be cited as the Women and Minorities in STEM Booster Act of 2021.2.Grant program to increase the participation of women and underrepresented minorities in stem fields(a)FindingsCongress finds the following:(1)According to the National Academy of Sciences, STEM education is critical to ensuring the United States maintains a diverse and competitive workforce.(2)According to the United States Census Bureau, women were still vastly underrepresented in the STEM workforce in 2019: comprising nearly half of the United States workforce (48 percent), but only slightly more than a quarter of STEM workers (27 percent).(3)According to the National Science Foundation, women only represent 28 percent of all science and engineering workers: comprising 29 percent of physical scientists, 25 percent of computer and mathematical scientists, and 13 percent of engineers. (4)According to the National Center of Education Statistics (NCES), women are more likely than men to switch out of STEM majors: 32 percent, compared to 26 percent. NCES has also found that while a higher percentage of bachelor’s degrees are awarded to females than males (58 percent, compared to 42 percent), within STEM fields a lower percentage of bachelor’s degrees were awarded to females than males (36 percent, compared to 64 percent).(5)According to the National Action Council for Minorities in Engineering, Inc., the United States needs to increase the number of underrepresented minorities who become engineers in order to remain competitive in a world of technological innovation.(6)According to Asian Americans Advancing Justice (AAJC), data on Asian Americans and Pacific Islanders (AAPIs) tend to hide the fact that certain AAPI subgroups are still underrepresented in STEM: with Cambodian (9 percent), Laotian (8 percent), Hmong (8 percent), and Native Hawaiian and Pacific Islander (7 percent) workers significantly underrepresented compared to other workers in the United States (12 percent).(7)Data also tend to hide the fact that certain subgroups are underrepresented in postsecondary education: with Cambodian (18 percent), Hmong (17 percent), Laotian (16 percent), and Native Hawaiian and Pacific Islander (15 percent) students receiving a bachelor’s degree or higher at lower rates than other students (30 percent). Furthermore, certain subgroups also experience poverty at higher rates: with Hmong (28 percent), Cambodian (21 percent), Native Hawaiian and Pacific Islanders (20 percent), and Laotian (17 percent) households living below the Federal poverty level at significantly higher rates than the overall population (15 percent). (8)Finally, NCES has found that women and underrepresented minorities leave STEM at higher rates than their counterparts, leading to a need to develop resources to retain these groups in STEM.(b)Program authorizedThe Director of the National Science Foundation shall award grants to eligible entities, on a competitive basis, to enable such eligible entities to carry out the activities described in subsection (d), in order to increase the participation of women and underrepresented minorities in the fields of science, technology, engineering, and mathematics.(c)ApplicationEach eligible entity that desires to receive a grant under this section shall submit an application to the National Science Foundation at such time, in such manner, and containing such information as the Director of the National Science Foundation may reasonably require.(d)Authorized activitiesAn eligible entity that receives a grant under this section shall use such grant funds to carry out one or more of the following activities designed to increase the participation of women or minorities underrepresented in science and engineering, or both:(1)Online workshops.(2)Mentoring programs that partner science, technology, engineering, or mathematics professionals with students.(3)Internships for undergraduate and graduate students in the fields of science, technology, engineering, and mathematics.(4)Conducting outreach programs that provide elementary school and secondary school students with opportunities to increase their exposure to the fields of science, technology, engineering, or mathematics.(5)Programs to increase the recruitment and retention of underrepresented faculty.(6)Such additional programs as the Director of the National Science Foundation may determine.(e)DefinitionsIn this Act—(1)the term minority means American Indian, Alaskan Native, Black (not of Hispanic origin), Hispanic (including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin), Asian (including underrepresented subgroups), Native Hawaiian, Pacific Islander origin subgroup, or other ethnic group underrepresented in science and engineering; and(2)the term underrepresented in science and engineering means a minority group whose number of scientists and engineers per 10,000 population of that group is substantially below the comparable figure for scientists and engineers who are White and not of Hispanic origin, as determined by the Secretary of Education under section 637.4(b) of title 34, Code of Federal Regulations.(f)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2022, 2023, 2024, 2025, and 2026.


114 HR 4708 IH: Credit for Caring Act of 2016
U.S. House of Representatives
2016-03-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 4708
		IN THE HOUSE OF REPRESENTATIVES

			March 3, 2016
			Mr. Reed (for himself and Ms. Linda T. Sánchez of California) 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 nonrefundable credit for working family
			 caregivers.

 1.Short titleThis Act may be cited as the Credit for Caring Act of 2016. 2.Credit for working family caregivers (a)In generalSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section:

					25E.Working family caregivers
 (a)Allowance of creditIn the case of an eligible caregiver, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent of the qualified expenses paid by the taxpayer during the taxable year to the extent that such expenses exceed $2,000.
						(b)Limitation
 (1)In generalThe amount allowed as a credit under subsection (a) for the taxable year shall not exceed $3,000. (2)Adjustment for inflationIn the case of any taxable year beginning after 2016, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of—
 (A)such dollar amount, and (B)the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting 2015 for 1996 in subclause (II) thereof.
								If any increase determined under the preceding sentence is not a multiple of $50, such increase
 shall be rounded to the next lowest multiple of $50.(c)Eligible caregiverFor purposes of this section, the term eligible caregiver means an individual who— (1)during the taxable year pays or incurs eligible expenses in connection with providing care for a qualified care recipient, and
 (2)has earned income (as defined in section 32(c)(2)) for the taxable year in excess of $7,500. (d)Qualified care recipientFor purposes of this section—
 (1)In generalThe term qualified care recipient means, with respect to any taxable year, any individual who— (A)is the spouse of the eligible caregiver, or any other person who bears a relationship to the eligible caregiver described in any of subparagraphs (A) through (H) of section 152(d)(2),
 (B)has been certified, before the due date for filing the return of tax for the taxable year, by a licensed health care practitioner (as defined in section 7702B(c)(4)) as being an individual with long-term care needs described in paragraph (3) for a period—
 (i)which is at least 180 consecutive days, and (ii)a portion of which occurs within the taxable year.
 (2)Period for making certificationNotwithstanding paragraph (1)(B), a certification shall not be treated as valid unless it is made within the 391/2-month period ending on such due date (or such other period as the Secretary prescribes).
 (3)Individuals with long-term care needsAn individual is described in this paragraph if the individual meets any of the following requirements:
 (A)The individual is at least 6 years of age and— (i)is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or
 (ii)requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform, without reminding or cueing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities.
 (B)The individual is at least 2 years of age but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility.
 (C)The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual’s condition to be available if the individual’s parents or guardians are absent.
 (e)Qualified expensesFor purposes of this section— (1)In generalThe term qualified expenses means expenditures for goods, services, and supports that assist with activities of daily living (as defined in section 7702B(c)(2)(B)) and instrumental activities of daily living (as defined in section 1915(k)(6)(F) of the Social Security Act (42 U.S.C. 1396n(k)(6)(F)) provided to a qualified care recipient described and are not incurred by individuals who do not need such assistance.
 (2)Adjustment for other tax benefitsThe amount of qualified expenses otherwise taken into account under paragraph (1) with respect to an individual shall be reduced by the sum of any amounts paid for the benefit of such individual for the taxable year which are—
 (A)taken into account under section 21 or 213, or (B)excluded from gross income under section 129, 223(f), or 529A(c)(1)(B).
 (3)Goods, services, and supportsFor purposes of paragraph (1), goods, services and supports (as defined by the Secretary) include— (A)human assistance, supervision, cueing and standby assistance,
 (B)assistive technologies and devices (including remote health monitoring), (C)environmental modifications (including home modifications),
 (D)health maintenance tasks (such as medication management), (E)information,
 (F)transportation of the qualified care recipient, (G)non-health items (such as incontinence supplies),
 (H)travel costs of the eligible caregiver related to caring for a qualified care recipient, (I)lost wages for unpaid time off due to caring for a qualified care recipient as verified by an employer,
 (J)coordination of and services for people who live in their own home, a residential setting, or a nursing facility, as well as the cost of care in these or other locations, and
 (K)supports provided to family members and other unpaid caregivers. (4)Human assistanceThe term human assistance includes the costs of a direct care worker.
 (5)DocumentationAn expense shall not be taken into account under this section unless the eligible caregiver substantiates such expense under such regulations or guidance as the Secretary shall provide.
 (6)Mileage rateFor purposes of this section, the mileage rate for the use of a passenger automobile shall be the standard mileage rate used to calculate the deductible costs of operating an automobile for medical purposes. Such rate may be used in lieu of actual automobile-related travel expenses.
 (7)Coordination with ABLE AccountsQualified expenses for a taxable year shall not include contributions to an ABLE account (as defined in section 529A).
 (f)Phase-Out Based on Adjusted Gross IncomeFor purposes of this section— (1)In generalThe amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer’s modified adjusted gross income exceeds the threshold amount.
 (2)Modified adjusted gross incomeThe term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.
 (3)Threshold amountThe term threshold amount means— (A)$150,000 in the case of a joint return, and
 (B)$75,000 in any other case. (4)IndexingIn the case of any taxable year beginning in a calendar year after 2016, each dollar amount contained in paragraph (3) shall be increased by an amount equal to the product of—
 (A)such dollar amount, and (B)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “calendar year 2015” for “calendar year 1992” in subparagraph (B) thereof.
 (5)Rounding ruleIf any increase determined under paragraph (4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.
							(g)Identification of Eligible Caregiver with Care Recipient (Qualified care recipient) Identification
 RequirementNo credit shall be allowed under this section to a taxpayer with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the licensed health care practitioner certifying such individual, on the return of tax for the taxable year.
						.
 (b)Clerical amendmentThe table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item:

						Sec. 25E. Working family caregivers.
					.
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2015.


110 HR 6141 IH: Elder Serve Act of 2008
U.S. House of Representatives
2008-05-22
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. 6141
		IN THE HOUSE OF REPRESENTATIVES

			May 22, 2008
			Mr. Yarmuth
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To establish pilot programs that provide for emergency
		  crisis response teams to combat elder abuse.

		1.Short titleThis Act may be cited as the
			 Elder Serve Act of 2008.
		2.FindingsCongress makes the following findings:
			(1)The proportion of
			 the United States population 60 years of age or older will drastically increase
			 in the next 30 years as more than 76,000,000 baby boomers approach retirement
			 and old age.
			(2)Every year an
			 estimated 2.1 million older Americans are victims of physical, psychological,
			 or other forms of abuse and neglect.
			(3)Elder abuse,
			 neglect, and exploitation have no boundaries, and cross all racial, social
			 class, gender, and geographic lines.
			(4)For every case of
			 elder abuse and neglect reported to authorities, experts estimate that there
			 may be as many as 5 cases not reported.
			(5)Nearly 70 percent
			 of the annual caseloads of Adult Protective Service agencies involve elder
			 abuse.
			(6)The most recent
			 Bureau of Justice Statistics report states that 90 percent of elder abuse and
			 neglect incidents are by known perpetrators, usually family members, and 2/3 of
			 such incidents are by adult children or spouses.
			3.Establishment of
			 Elder Serve Coordinating Councils pilot programs
			(a)EstablishmentThe
			 Attorney General, acting through the Director of the Office of Victims of Crime
			 of the Department of Justice (in this section referred to as the
			 Director), shall carry out a three-year grant program to be
			 known as the Elder Serve Coordinating Councils grant program (in this section
			 referred to as the Program) to provide grants to eligible
			 entities to establish pilot programs to facilitate and coordinate programs
			 described in subsection (e) for victims of elder abuse.
			(b)Eligibility
			 requirements for granteesTo be eligible to receive a grant under
			 the Program, an entity must meet the following criteria:
				(1)Eligible crime
			 victim assistance programThe entity is a crime victim assistance
			 program receiving a grant under the Victims of Crime Act of 1984 (42 U.S.C.
			 1401 et seq.) for the period described in subsection (c)(2) with respect to the
			 grant sought under this section.
				(2)Coordination
			 with Local Community Based Agencies and ServicesThe entity shall demonstrate to the
			 satisfaction of the Director that such entity has a record of community
			 coordination or established contacts with other county and local services that
			 serve elderly individuals.
				(3)Ability to
			 create ECRT on timely basisThe entity shall demonstrate to the
			 satisfaction of the Director the ability of the entity to create, not later
			 than 6 months after receiving such grant, an Emergency Crisis Response Team
			 program described in subsection (e)(1) and the programs described in subsection
			 (e)(2).
				For
			 purposes of meeting the criteria described in paragraph (2), for each year an
			 entity receives a grant under this section the entity shall provide a record of
			 community coordination or established contacts described in such paragraph
			 through memorandums of understanding, contracts, subcontracts, and other such
			 documentation.(c)Administrative
			 provisions
				(1)ConsultationEach
			 pilot program established pursuant to this section shall be developed and
			 carried out in consultation with the following entities:
					(A)Elder Serve
			 Incorporated of Louisville, Kentucky.
					(B)Relevant Federal,
			 State, and local public and private agencies and entities, relating to elder
			 abuse, neglect, and exploitation and other crimes against elderly individuals.
					(C)Local law
			 enforcement including police, sheriffs, detectives, public safety officers,
			 corrections personnel, prosecutors, medical examiners, investigators, and
			 coroners.
					(D)Long term care and
			 nursing facilities.
					(2)Grant
			 periodGrants under the Program shall be issued for a three-year
			 period.
				(3)LocationsThe
			 Program shall be carried out in six geographically and demographically diverse
			 locations, taking into account—
					(A)the number of
			 elderly individuals residing in or near an area; and
					(B)the difficulty of
			 access to immediate short-term housing and health services for victims of elder
			 abuse.
					(d)PersonnelIn
			 providing care and services, each pilot program established pursuant to this
			 section may employ a staff to assist in creating an Emergency Crisis Response
			 Teams under subsection (e)(1).
			(e)Use of
			 grants
				(1)Emergency crisis
			 response teamEach entity that receives a grant under this
			 section shall use such grant to establish an Emergency Crisis Response Team
			 program by not later than the date that is six months after the entity receives
			 the grant. Under such program the following shall apply:
					(A)Such program shall
			 include immediate, short-term emergency services, including shelter, care
			 services, food, clothing, transportation to medical or legal appointment as
			 appropriate, and any other life-services deemed necessary by the entity for
			 victims of elder abuse.
					(B)Such program shall
			 provide services only to victims of elder abuse who have been referred to the
			 program through the adult protective services agency of the local law
			 enforcement or any other relevant law enforcement or referral agency.
					(C)A victim of elder abuse may not receive
			 short-term housing under the program for more than five consecutive
			 days.
					(D)The entity that
			 established the program shall enter into arrangements with the relevant local
			 law enforcement agencies so that the program receives weekly reports from such
			 agencies on elder abuse.
					(2)Additional
			 services required to be providedNot later than one year after the date an
			 entity receives a grant under this section, such entity shall have established
			 the following programs (and community collaborations to support such programs):
					(A)CounselingA
			 program that provides counseling and assistance for victims of elder abuse
			 accessing health care, educational, pension, or other benefits for which
			 seniors may be eligible under Federal or applicable State law.
					(B)Mental health
			 screeningA program that provides mental health screenings for
			 victims of elder abuse to identify and seek assistance for potential mental
			 health disorders such as depression or substance abuse.
					(C)Emergency legal
			 advocacyA program that provides legal advocacy for victims of
			 elder abuse.
					(D)Job placement
			 assistanceA program that provides job placement assistance and
			 information on employment, training, or volunteer opportunities for victims of
			 elder abuse.
					(E)Bereavement
			 counselingA program that provides bereavement counseling for
			 families of victims of elder abuse.
					(F)Other
			 servicesA program that provides such other care, services, and
			 assistance as the entity considers appropriate for purposes of the pilot
			 program.
					(f)Technical
			 assistanceThe Director shall enter into contracts with private
			 entities with experience in elder abuse coordination to provide such technical
			 assistance to grantees under this section as the entity determines
			 appropriate.
			(g)Reports to
			 CongressNot later than 12 months after the commencement of the
			 Program, and every 6 months thereafter (before months beginning after the last
			 day of the Program), the entity shall submit to the Chairman and Ranking Member
			 of the Committee on the Judiciary of the House of Representatives, the Chairman
			 and Ranking Member of the Special Committee on Aging of the Senate, and the
			 Chairman and Ranking Member of other relevant committees with jurisdiction a
			 report on the progress of the Program. Each report for a period shall include
			 the following:
				(1)A
			 description and assessment of the implementation of the Program.
				(2)An assessment of
			 the effectiveness of the pilot program in providing care and services to
			 seniors, including a comparative assessment of effectiveness for each of the
			 locations designated under subsection (c)(3) for the Program.
				(3)An assessment of
			 the effectiveness of the coordination for programs described in subsection (e)
			 in contributing toward the effectiveness of the Program.
				(4)Such
			 recommendations as the entity considers appropriate for modifications of the
			 Program in order to better provide care and services to seniors.
				(h)DefinitionsFor
			 purposes of this section:
				(1)Elder
			 abuseThe term elder abuse means any type of
			 violence or abuse, whether mental or physical, inflicted upon an elderly
			 individual.
				(2)Elderly
			 individualThe term elderly individual means an
			 individual who is age 65 or older.
				(i)Authorization of
			 AppropriationsThere is authorized to be appropriated for the
			 Department of Justice to carry out this section $3,000,000 for each of the
			 fiscal years 2009 through 2011.


		III
		111th CONGRESS
		1st Session
		S. RES. 93
		IN THE SENATE OF THE UNITED STATES

			March 31, 2009
			Mr. Schumer submitted
			 the following resolution; which was referred to the
			 Committee on the
			 Judiciary

			April 30, 2009
			Committee discharged; considered, amended, and agreed
			 to

		RESOLUTION
		Supporting the mission and goals of 2009
		  National Crime Victims' Rights Week, to increase public awareness of the
		  rights, needs, and concerns of victims and survivors of crime in the United
		  States, and to commemorate the 25th anniversary of the enactment of the Victims
		  of Crime Act of 1984.

		Whereas approximately 25,000,000 individuals in the United
			 States are victims of crime each year, including more than 6,000,000 victims of
			 violent crime;
		Whereas a just society acknowledges the impact of crime on
			 individuals, families, and communities by ensuring that rights, resources, and
			 services are available to help rebuild lives;
		Whereas although the Nation has steadily expanded rights,
			 protections, and services for victims of crime, too many victims are still not
			 able to realize the hope and promise of these gains;
		Whereas the Nation must do more to ensure that services
			 are available for underserved segments of the population, including crime
			 victims with disabilities, with mental illness, teenaged victims, elderly
			 victims, and victims from urban areas, rural areas, and communities of
			 color;
		Whereas observing victims' rights and treating victims
			 with dignity and respect serves the public interest by engaging victims in the
			 justice system, inspiring respect for public authorities, and promoting
			 confidence in public safety;
		Whereas the people of the United States recognize that
			 homes, neighborhoods, and communities are made safer and stronger by serving
			 victims of crime and ensuring justice for all;
		Whereas 2009 marks the 25th anniversary of the enactment
			 of the Victims of Crime Act of 1984 (VOCA) (42 U.S.C. 10601 et seq.), the
			 hallmark of the Federal Government's recognition of its commitment to
			 supporting rights and services for victims of all types of crime that
			 established the Crime Victims Fund, which is paid for through criminal fines
			 and penalties, rather than by taxpayers' dollars;
		Whereas since its inception, the Crime Victims Fund has
			 collected more than $9,000,000,000 from offender fines and penalties to be used
			 exclusively to help victims of crime;
		Whereas VOCA supports direct assistance and financial
			 compensation to more than 4,000,000 victims of crime every year;
		Whereas VOCA's imaginative transformation of offender
			 fines into programs of victim rehabilitation has inspired similar programs
			 throughout the worldwide crime victims' movement;
		Whereas the theme of 2009 National Crime Victims' Rights
			 Week, celebrated April 26, 2009, through May 2, 2009, is 25 Years of
			 Rebuilding Lives: Celebrating the Victims of Crime Act, which
			 highlights VOCA's significant achievements and contributions in advancing
			 rights and services for all crime victims; and
		Whereas National Crime Victims' Rights Week provides an
			 opportunity for the Nation to strive to reach the goal of justice for all by
			 ensuring that all victims are afforded legal rights and provided with
			 assistance to face the financial, physical, spiritual, psychological, and
			 social impact of crime: Now, therefore, be it

		That the Senate—
			(1)supports the
			 mission and goals of 2009 National Crime Victims' Rights Week to increase
			 public awareness of the impact of crime on victims and survivors, and of the
			 constitutional and statutory rights and needs of victims; and
			(2)recognizes the
			 25th anniversary of the enactment of the Victims of Crime Act of 1984 (42
			 U.S.C. 10601 et seq.).


114 HR 894 RH: To extend the authorization of the Highlands Conservation Act.
U.S. House of Representatives
2016-02-05
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.

		IB
		Union Calendar No. 395
		114th CONGRESS
		2d Session
		H. R. 894
		[Report No. 114–515, Part I]
		IN THE HOUSE OF REPRESENTATIVES

			February 11, 2015
			Mr. Frelinghuysen (for himself, Mr. Lance, Mr. Garrett, Mr. Pascrell, Mr. Meehan, Mr. Cartwright, Mrs. Lowey, Mr. Tonko, Ms. Esty, and Mr. Dent) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		April 21, 2016Additional sponsors: Mr. Costello of Pennsylvania, Mr. Sean Patrick Maloney of New York, Mr. Engel, and Mr. Gibson
			April 21, 2016
			Reported from the Committee on Natural Resources

		April 21, 2016The Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to
			 be printed

		A BILL
		To extend the authorization of the Highlands Conservation Act.

		1.Extension of Highlands Conservation Act
 (a)Extension of land conservation projects in the Highlands regionSection 4(e) of the Highlands Conservation Act (Public Law 108–421; 118 Stat. 2377) is amended by striking 2014 and inserting 2021.
 (b)Extension of Forest Service and USDA programs in the Highlands regionSection 5(c) of the Highlands Conservation Act (Public Law 108–421; 118 Stat. 2378) is amended by striking 2014 and inserting 2021.

		April 21, 2016
		Reported from the Committee on Natural ResourcesApril 21, 2016The Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to
			 be printed