116 HR 2702 IH: Family First Transition and Support Act of 2019
U.S. House of Representatives
2019-05-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 2702IN THE HOUSE OF REPRESENTATIVESMay 14, 2019Ms. Bass (for herself, Mr. Bacon, Mrs. Lawrence, Ms. Haaland, and Mr. Langevin) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend parts B and E of title IV of the Social Security Act to eliminate barriers to providing
			 child welfare services for children and youth in need, to provide
			 additional resources to implement programmatic changes necessary to meet
			 the requirements of the Family First Prevention Services Act, and for
			 other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Family First Transition and Support Act of 2019. (b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					TITLE I—Eliminating Barriers to Providing Child Welfare Services for Children in Need
					Sec. 101. Elimination of the AFDC eligibility requirement for foster care maintenance payments for
			 children placed in a foster family home.
					Sec. 102. Increased funding for promoting safe and stable families.
					Sec. 103. Promoting safe and stable families through kinship placement support services programs.
					Sec. 104. Using family preservation services to stabilize families in crisis.
					Sec. 105. More funding and training for caseworker development.
					Sec. 106. Funding for evaluation and identification of evidence-based prevention practices.
					Sec. 107. Increased funding for regional partnership grants.
					TITLE II—Support for Meeting the Requirements of the Family First Prevention Services Act
					Sec. 201. Delay of 50 percent well-supported prevention practices requirement.
					Sec. 202. Temporary additional funding for foster parent recruitment and increasing quality family
			 and residential care settings.
					Sec. 203. Overpayment grace period for waiver States with county-administered programs.
					Sec. 204. Pre-approval authority for programs with promising, supported, or well-supported
			 practices.
					TITLE III—Miscellaneous Provisions
					Sec. 301. Additional resources for the child welfare court improvement program.
					Sec. 302. Additional resources and improvements for tribal child welfare programs.
					Sec. 303. Effective date.
			IEliminating Barriers to Providing Child Welfare Services for Children in Need
			101.Elimination of the AFDC eligibility requirement for foster care maintenance payments for children
			 placed in a foster family home
 (a)In generalSection 472(a) of the Social Security Act (42 U.S.C. 672(a)) is amended— (1)in paragraph (1), in the matter preceding subparagraph (A), by striking Each State and inserting Subject to paragraph (5), each State; and
 (2)by adding at the end the following:  (5)Elimination of the AFDC eligibility requirement for children placed in a foster family homeBeginning October 1, 2019, the AFDC eligibility requirement of paragraph (3) shall no longer apply with respect to a child who has been removed from the home of a relative or a caretaker into foster care and placed in a foster family home. On and after such date, each State with a plan approved under this part shall make foster care maintenance payments on behalf of each child who has been removed from the home of a relative or caretaker into foster care and placed in a foster family home (without regard to whether such removal and placement occurred before, on, or after October 1, 2019), if the removal and foster care placement met, and continues to meet, the requirements of paragraph (2)..
 (b)Reinvestment of savingsSection 472 of such Act is amended by adding at the end the following:  (l)Reinvestment of savings from elimination of the AFDC eligibility requirement (1)Spending requirementBeginning with fiscal year 2021, a State shall spend an amount equal to the amount of savings (if any) in State expenditures under this part for the preceding fiscal year resulting from the amendments made by section 101(a) of the Family First Transition and Support Act of 2019 (eliminating the AFDC eligibility requirement for children placed in a foster family home) to provide children or families any service that may be provided under this part or part B. In the case of a State in which the State plans under this part and part B are administered by 1 or more political subdivisions of the State, the State shall distribute such savings (if any) determined for a fiscal year among the political subdivisions of the State administering such State plans.
							(2)Determination of savings
 (A)In generalA State shall calculate the savings (if any) for a fiscal year for purposes of meeting the requirement of paragraph (1), using a methodology specified by the Secretary or an alternate methodology proposed by the State and approved by the Secretary.
 (B)ReportA State shall annually report to the Secretary— (i)the methodology used to make the calculation described in subparagraph (A), without regard to whether any savings are found;
 (ii)the amount of any savings referred to in subparagraph (A); (iii)how any such savings are spent, accounting for and reporting the spending separately from any other spending reported to the Secretary under part B or this part; and
 (iv)in the case of a State in which the State plans under this part and part B are administered by 1 or more political subdivisions of the State, the proportion of such savings that were distributed to political subdivisions of the State.
 (C)Publicly availableThe Secretary shall make all information reported pursuant to subparagraph (B) available on the website of the Department of Health and Human Services in a location easily accessible to the public.
 (3)Supplement, not supplantAny State spending required under paragraph (1) shall be used to supplement, and not supplant, any Federal or non-Federal funds used to provide any service under part B or this part..
 102.Increased funding for promoting safe and stable familiesSection 436(a) of the Social Security Act (42 U.S.C. 629f(a)) is amended by striking through 2021 and inserting through 2019, and $665,000,000 for each of fiscal years 2020 through 2021. 103.Promoting safe and stable families through kinship placement support services programs (a)Addition of Kinship placement support services to the promoting safe and stable families programSection 431(a) of the Social Security Act (42 U.S.C. 629a(a)) is amended by adding at the end the following:

						(10)Kinship placement support services
 (A)In generalThe term kinship placement support services means the services and activities described in subparagraph (B) that are provided on behalf of children and youth in kinship care arrangements who are in, or at risk of entering or re-entering, foster care.
 (B)Services and activities describedThe services and activities described in this subparagraph are the following: (i)Crisis stabilization services, including case management services designed to stabilize families in crisis such as transportation, assistance with housing and utility payments, and access to adequate health care, child care assistance, and establishing a kinship placement crisis stabilization fund for purposes of making direct cash payments to kin caregivers for immediate needs of children placed with such caregivers in order to facilitate kinship placements and prevent the entry of children into foster care.
 (ii)Family finding, including intensive family-finding efforts that utilize search technology to find biological family members for children in, or at risk of entering, foster care.
 (iii)Re-establishing family relationships and supporting family group decision-making. (iv)Other assistance or services related to strengthening and supporting kinship families to improve the well-being of children and their kin caregivers, including, if requested, assistance in becoming a licensed foster family home..
 (b)Maintenance of effort requirementSection 432(a)(7) of such Act (42 U.S.C. 629b(a)(7)) is amended— (1)in subparagraph (A)—
 (A)by striking assurances that Federal funds and inserting “assurances that—  (i)Federal funds; and
 (B)by adding at the end the following:  (ii)the total amount of State expenditures made for fiscal year 2020 and each fiscal year thereafter to support kinship placements shall not be less than the total amount of such expenditures made for fiscal year 2019; and; and
 (2)in subparagraph (B), by inserting and spending requirements after prohibition. (c)Conforming amendments (1)Section 430 of such Act (42 U.S.C. 629) is amended—
 (A)in the matter preceding paragraph (1), by inserting kinship placement support services, after family reunification services,; (B)by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
 (C)by inserting after paragraph (2), the following:  (3)To support kinship placements to maintain family connections while ensuring the safety and well-being of children and youth and the well-being of their kin caregivers..
 (2)Paragraphs (4) and (5) of section 432(a) of such Act (42 U.S.C. 629b(a)) are each amended by inserting kinship placement support services, after family reunification services,.
 104.Using family preservation services to stabilize families in crisisSection 431(a)(1) of the Social Security Act (42 U.S.C. 629a(a)(1)) is amended— (1)in subparagraph (E), by striking and after the semicolon;
 (2)in subparagraph (F), by striking the period at the end and inserting ; and; and (3)by adding at the end the following:

 (G)case management services designed to stabilize families in crisis such as transportation, assistance with housing and utility payments, and access to adequate health care..
				105.More funding and training for caseworker development
 (a)Increased reservation of fundsSection 436(b)(4)(A) of the Social Security Act (42 U.S.C. 629f(b)(4)(A)) is amended by striking through 2021 and inserting through 2019, and $50,000,000 for each of fiscal years 2020 through 2021. (b)Use of fundsSection 436(b)(4)(B) of such Act (42 U.S.C. 629f(b)(4)(B)) is amended—
 (1)in clause (i)— (A)by striking the amount to improve and inserting “the amount to—

 (I)improve; (B)by striking the period and inserting a semicolon; and
 (C)by adding at the end the following:  (II)identify and reduce the impact of vicarious trauma among caseworkers; and
 (III)provide caseworkers with training in best practices for directly working with families where a parent or another member of the family has a substance use disorder or behavioral health issue.; and
 (2)by adding at the end the following:  (iii)Documentation of use of funds for caseworker developmentA State shall annually report to the Secretary, separately from any other spending reported to the Secretary under part E or this part, the amounts used by the State and how such amounts are expended for a fiscal year to meet the requirements of subclauses (II) and (III) of clause (i)..
					106.Funding for evaluation and identification of evidence-based prevention practices
 (a)Increased reservation of fundsSection 436(b)(1) of the Social Security Act (42 U.S.C. 629f(b)(1)) is amended, in the matter preceding subparagraph (A), by striking $6,000,000 and inserting $26,000,000.
 (b)Targeted reservations of fundsSection 435 of such Act (42 U.S.C. 629e) is amended— (1)in subsection (c)—
 (A)in paragraph (1), by striking and after the semicolon; (B)in paragraph (2), by striking the period and inserting a semicolon; and
 (C)by adding at the end the following:  (3)$15,000,000 to award grants to States under subsection (f) for research and evaluations; and
 (4)for each of fiscal years 2020 through 2022, $5,000,000 for expenditures by the Secretary described in subsection (g).; and
 (2)by adding at the end the following:  (f)Grants to States for research and evaluations (1)Authority to award grants (A)In generalThe Secretary shall award grants to States to carry out State-directed research and evaluations.
 (B)ApplicationsTo be eligible for a grant under this subsection, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
 (2)RequirementsStates awarded grants under this subsection shall agree to do the following: (A)Use of fundsTo use the grant funds to carry out 1 or more of the following activities in collaboration with nonprofit organizations and educational institutions:
 (i)Researching and evaluating culturally appropriate interventions to strengthen families and prevent children and youth from entering or re-entering foster care.
 (ii)Developing programs and activities that meet the requirements for promising, supported, or well-supported practices specified in section 471(e)(4)(C).
 (iii)Developing and evaluating kinship navigator model programs, including for purposes of determining if any such program is, or with specific modifications may be, operated in a way that meet the requirements for promising, supported, or well-supported practices specified in section 471(e)(4)(C).
 (iv)Developing or implementing programs or activities for 1 or more of the following purposes: (I)To combat intergenerational poverty.
 (II)To prevent youth from re-entering foster care and from aging out of foster care. (III)To improve the quality of services for birth parents and relatives of children and youth in foster care or at risk of entering or re-entering foster care.
 (IV)To increase community engagement and decision-making in child protection services. (V)To improve service delivery and community response for youth victims of labor or sex trafficking.
 (VI)To support children, youth, and families of color and others who experience disproportionate representation and disparities with respect to the provision of child welfare services.
 (B)Evaluation and reportTo evaluate the effectiveness of the activities carried out with grant funds (or participate in an evaluation by the Secretary of such activities) and to submit a report to the Secretary on the results of the evaluation that contains such information as the Secretary may require.
									(g)Accelerating identification and approval of evidence-Based prevention practices and workforce
 development best practicesFor purposes of subsection (c)(4), the expenditures by the Secretary described in this subsection are the following:
 (1)Expenditures for evaluations of program models, selected in consultation with State child welfare agencies, for purposes of identifying program models and activities that meet, or with specific modifications would meet, the requirements for promising, supported, or well-supported practices specified in section 471(e)(4)(C).
 (2)Expenditures to accelerate the implementation of the clearinghouse of promising, supported, and well-supported practices established under section 476(d)(2).
 (3)Expenditures for research, identification, and dissemination of best practices for developing and sustaining a high quality child welfare caseworker workforce.
 (4)Expenditures for administrative costs attributable to carrying out this subsection, but only to the extent such costs do not exceed 5 percent of the amount reserved in subsection (c)(4)..
					107.Increased funding for regional partnership grants
 (a)Increased reservation of fundsSection 436(b)(5) of the Social Security Act (42 U.S.C. 629f(b)(5)) is amended by striking through 2021 and inserting through 2019 and $60,000,000 for each of fiscal years 2020 through 2021. (b)Technical amendmentSection 437(c)(2) of such Act (42 U.S.C. 629g(c)(2)) is amended by striking subection and inserting subsection.
				IISupport for Meeting the Requirements of the Family First Prevention Services Act
 201.Delay of 50 percent well-supported prevention practices requirementSection 474(a)(6)(A)(ii) of the Social Security Act (42 U.S.C. 674(a)(6)(A)(ii)) is amended by striking for a fiscal year and inserting for any fiscal year after fiscal year 2026.
			202.Temporary additional funding for foster parent recruitment and increasing quality family and
 residential care settingsSection 436 of the Social Security Act (42 U.S.C. 629f) is amended by adding at the end the following:

					(d)Temporary additional funding for foster parent recruitment and increasing quality family and
			 residential care settings
						(1)Appropriation
 (A)In generalIn addition to any amounts otherwise made available to carry out this subpart, out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $75,000,000 for each of fiscal years 2020 through 2021.
 (B)Reservation of fundsThe Secretary shall reserve 3 percent of the amounts appropriated under subparagraph (A) for a fiscal year for allotment to Indian tribes or tribal consortia under paragraph (2)(A).
							(2)Allotments to States and Indian tribes or tribal consortia
 (A)Indian tribes or tribal consortiaFrom the amounts reserved under paragraph (1)(B) for a fiscal year, the Secretary shall allot to each Indian tribe or tribal consortia with a plan approved under this subpart an amount determined in the same manner as amounts are allotted to Indian tribes or tribal consortia under section 433(a).
 (B)StatesFrom the amounts appropriated under paragraph (1)(A) for a fiscal year that remain after applying subparagraph (A) of this paragraph, the Secretary shall allot—
 (i)to each of the jurisdictions of Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, and American Samoa, an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 433(b); and
 (ii)to each State other than an Indian tribe or a jurisdiction specified in clause (i), an amount determined in the same manner as the allotment to each such State is determined under section 433(c).
 (3)Use of fundsStates and Indian tribes or tribal consortia shall use the allotments made under paragraph (2) for 1 or more of the following purposes:
 (A)To increase the recruitment, training, and retention of foster parents, particularly, foster parents for special populations such as sibling groups, children and youth with special physical or behavioral health needs, infants prenatally exposed to substances, medically fragile children, adolescent and teen populations, older youth, and victims of sex trafficking, including through costs attributable to training on child development, child trauma, and caring for children with special health care needs.
 (B)To improve State capacity to offer therapeutic treatment foster family homes with well-trained and well-supported caregivers, licensed residential family-based treatment facilities for substance abuse that satisfy the requirements of section 472(j), and placement settings described in section 472(k)(2), including through costs attributable to meeting licensing standards and the accreditation of programs and care settings, costs attributable to training on child development, child trauma, and caring for children with special health care needs and training for families of origin, adoptive families, and foster family home caregivers, and costs attributable to supporting a child's transition to or from placement in a care setting.
 (C)To improve State implementation of plans required under section 422(b)(15) for the ongoing oversight and coordination of health care services for any child in a foster care, to better address the health needs of children in foster care and prevent placement disruption and foster parent turnover, including through consultation with pediatric medical experts, improved health data sharing and coordination activities, and employing or contracting for pediatrician medical directors to serve within child welfare agencies who have expertise in child physical and mental health, child development, and child trauma.
							(4)Payment rules
 (A)No match requiredEach State that has a plan approved under section 432 and each Indian tribe or tribal consortia with a plan approved under this subpart shall be entitled to payment for a fiscal year of 100 percent of the amounts allotted to the State or Indian tribe or tribal consortia under paragraph (2) for the fiscal year.
							(B)Availability of funds
 (i)In generalAmounts allotted to a State or Indian tribe or tribal consortia under paragraph (2) for a fiscal year shall remain available for expenditure by the State or Indian tribe or tribal consortia through the end of the third succeeding fiscal year.
 (ii)Amounts redistributedAny amounts reallotted shall remain available only through the end of the fiscal year in which such amounts are distributed.
 (C)Applicability of certain rulesThe rules of section 433(d) subsections (c) and (d) of section 434 shall apply in like manner to the amounts allotted under paragraph (2) of this subsection.
							(5)Report
 (A)In generalEach State and Indian tribe or tribal consortia provided an allotment under this subsection shall submit a report to the Secretary, at such time, in such manner, and containing such information as the Secretary may require, on the activities carried out with the amounts allotted.
 (B)Indian tribes and tribal consortiaThe Secretary may modify the reporting requirement under subparagraph (A) for an Indian tribe or tribal consortia in accordance with section 428(d)..
 203.Overpayment grace period for waiver States with county-administered programsSection 474(b) of the Social Security Act (42 U.S.C. 674(b)) is amended by adding at the end the following:

 (5)Overpayment grace period option for certain statesIn the case of any State conducting a demonstration project under section 1130 that is scheduled to terminate on September 30, 2019, and that is administered by 1 or more political subdivisions of the State, the State may enter into an agreement with the Secretary under which—
 (A)the State shall agree to make payments for each quarter of fiscal year 2020 to each such political subdivision of the State for the amount the political subdivision estimates will be expended for foster care maintenance payments and administrative expenditures attributable to the provision of such payments for the quarter solely on the basis of estimates and without requiring the political subdivision to submit an invoice or claim based on actual expenditures until after the quarter has ended;
 (B)the Secretary shall agree to not reduce any quarterly payment made to the State during fiscal year 2020 or 2021 to the extent of any overpayment which the Secretary determines was made under this section to such State for any prior quarter of any fiscal year; and
 (C)the Secretary shall recover any overpayments deferred under subparagraph (B) to quarters beginning on or after October 1, 2021, on the basis of such terms as the Secretary and the State shall agree..
 204.Pre-approval authority for programs with promising, supported, or well-supported practicesSection 471(e)(4)(D)(i) of the Social Security Act (42 U.S.C. 671(e)(4)(D)(i)) is amended by adding at the end the following: The fact that a service or program is not included on any such pre-approved list shall not prohibit a State from receiving payments under section 474(a)(6) for the provision of services or programs specified in subparagraph (A) or (B) of paragraph (1) of this subsection that meet the applicable criteria specified for such practices in subparagraph (C) of this paragraph, or for which payment is available under section 474(a)(7)..
			IIIMiscellaneous Provisions
			301.Additional resources for the child welfare court improvement program
 (a)Increased fundingSection 436(b)(2) of the Social Security Act (42 U.S.C. 629f(b)(2)) is amended by striking $30,000,000 and inserting $60,000,000. (b)Program changesSection 438 of such Act (42 U.S.C. 629h) is amended—
 (1)in subsection (a)— (A)in paragraph (2)—
 (i)in subparagraph (A), by inserting in a timely and complete manner before , as set forth; and (ii)in subparagraph (C), by striking the semicolon and inserting , including by training judges, attorneys, and other legal personnel.; and
 (B)by striking paragraphs (3) and (4); (2)in subsection (b)—
 (A)by striking paragraph (2); and (B)by striking all that precedes be eligible to receive and inserting the following:

 (b)ApplicationsIn order to; and (i)in the matter preceding paragraph (2)—
 (I)by moving the matter 2 ems to the left; (II)in subparagraph (A)—
 (aa)by striking (A) in the case of a grant for the purpose described in subsection (a)(3), and inserting (1); and (bb)by inserting use not less than 30 percent of grant funds to before collaborate;
 (III)in subparagraph (B), by striking (B) in the case of a grant for the purpose described in subsection (a)(4), and inserting (2); and (IV)in subparagraph (C), by striking (C) in the case of a grant for the purpose described in subsection (a), and inserting (3); and
 (3)by striking subsection (c) and inserting the following:  (c)Amount of grant (1)In generalFrom the amounts reserved under sections 436(b)(2) and 437(b)(2) for a fiscal year, each highest State court that has an application approved under this section for the fiscal year shall be entitled to payment of an amount equal to the sum of—
 (A)$255,000; and (B)the amount described in paragraph (2) with respect to the court and the fiscal year.
 (2)Amount describedThe amount described in this paragraph with respect to a court and a fiscal year is the amount that bears the same ratio to the total of the amounts reserved under sections 436(b)(2) and 437(b)(2) for grants under this section for the fiscal year (after applying paragraphs (1)(A) and (3) of this subsection) as the number of individuals in the State in which the court is located who have not attained 21 years of age bears to the total number of such individuals in all States with a highest State court that has an approved application under this section for the fiscal year.
 (3)Indian tribesFrom the amounts reserved under section 436(b)(2) for a fiscal year, the Secretary shall, before applying paragraph (1) of this subsection, allocate $5,000,000 for grants to be awarded on a competitive basis among the highest courts of Indian tribes or tribal consortia that—
 (A)are operating a program under part E, in accordance with section 479B; (B)are seeking to operate a program under part E and have received an implementation grant under section 476; or
 (C)have a court responsible for proceedings related to foster care or adoption.. (c)Technical amendmentsSection 438(a) of such Act (42 U.S.C. 629h(a)) is amended—
 (1)in paragraph (1)— (A)in subparagraph (D), by adding and after the semicolon; and
 (B)in subparagraph (E)(iii), by striking and after the semicolon; and (2)in paragraph (2), in the matter preceding subparagraph (A), by striking state and inserting State.
					302.Additional resources and improvements for tribal child welfare programs
				(a)Minimum grant eligibility threshold replaced with minimum grant amount
 (1)Elimination of minimum grant eligibility thresholdSection 432(b)(2) of the Social Security Act (42 U.S.C. 629b(b)(2)) is amended by striking subparagraph (B).
 (2)Minimum grant amountSection 433(a) of such Act (42 U.S.C. 629c(a)) is amended to read as follows:  (a)Indian tribes or tribal consortia (1)Indian tribes (A)In generalFrom the amount reserved pursuant to section 436(b)(3) for any fiscal year, the Secretary shall allot to each Indian tribe with a plan approved under this subpart—
 (i)$10,000; plus (ii)an amount that bears the same ratio to the adjusted reserved amount as the number of children in the Indian tribe bears to the total number of children in all Indian tribes with State plans so approved, as determined by the Secretary on the basis of the most current and reliable information available to the Secretary.
 (B)Adjusted reserve amountIn subparagraph (A), the term adjusted reserved amount means, with respect to a fiscal year— (i)the amount reserved pursuant to section 436(b)(3) for the fiscal year; minus
 (ii)the product of— (I)$10,000; and
 (II)the number of Indian tribes to which an allotment is made under this subsection for the fiscal year.
 (2)Tribal consortiaIf a consortium of Indian tribes submits a plan approved under this subpart, the Secretary shall allot to the consortium an amount equal to the sum of the allotments determined for each Indian tribe that is part of the consortium..
 (b)Increase in the tribal set-Aside of mandatory funding To promote safe and stable families fundingSection 436(b)(3) of the Social Security Act (42 U.S.C. 629f(b)(3)) is amended by striking After applying paragraphs (4) and (5) (but before applying paragraphs (1) or (2)), the Secretary shall reserve 3 percent and inserting The Secretary shall reserve 4.5 percent.
 (c)Authority To use funds To facilitate and support tribal customary adoptionsSection 432(b)(2) of the Social Security Act (42 U.S.C. 629b(b)(2)), as amended by subsection (a)(1), is amended by adding at the end the following:

 (B)Authority to use funds for tribal customary adoptionsAn Indian tribe or tribal consortium may use amounts provided under this part to facilitate and support tribal customary adoptions..
				(d)Streamlining of application and reporting requirements
 (1)Application requirementsSection 432(b)(2)(A) of the Social Security Act (42 U.S.C. 629b(b)(2)(A)) is amended— (A)by striking subsection (a)(4) of this section and inserting paragraphs (2), (4), and (5) of subsection (a); and
 (B)by adding at the end the following: The Secretary shall exempt a plan of an Indian tribe or tribal consortium from the requirements of paragraphs (2) and (5) of subsection (a) for a fiscal year if the total amount provided to the Indian tribe or tribal consortium under this subpart for the fiscal year is less than $50,000. If the Secretary exempts a plan of an Indian tribe or tribal consortium from a requirement of paragraph (2) or (5) of subsection (a), the Indian tribe or tribal consortium may provide the Secretary with the relevant information in a streamlined form..
 (2)Reporting requirementsSection 428 of such Act (42 U.S.C. 628) is amended by adding at the end the following:  (d)Authority To streamline reporting requirementsThe Secretary may modify any reporting requirement imposed by or under this part on an Indian tribe, tribal organization, or tribal consortium, as the Secretary deems appropriate, taking into account the resources, needs, and other circumstances of the Indian tribe, tribal organization, or tribal consortium..
					(e)Use of in-Kind expenditures To meet tribal matching rate under the Stephanie Tubbs Jones Child
 Welfare Services ProgramSection 428 of the Social Security Act (42 U.S.C. 628), as amended by subsection (e)(2), is amended by adding at the end the following:

 (e)Use of in-Kind expenditures To meet matching rateIn determining the amount expended by an Indian tribe for activities under this subpart, the Secretary may take into account in-kind expenditures of the Indian tribe..
				(f)Authority of Indian tribal organization To elect To substitute the Federal negotiated indirect cost
 rate for administrative costs capSection 428 of the Social Security Act (42 U.S.C. 628), as amended by subsections (e)(2) and (f), is amended by adding at the end the following:

						(f)Tribal authority To substitute the Federal negotiated indirect cost rate for administrative costs
 capFor purposes of sections 422(b)(14) and 424(e), an Indian tribal organization may elect to have the weighted average of the indirect cost rates in effect under part 225 of title 2, Code of Federal Regulations (OMB Circular A–87) with respect to the administrative costs of the Indian tribal organization apply in lieu of the percentage specified in each such section..
				303.Effective date
 (a)In generalExcept as provided in subsections (b) and (c), the amendments made by this Act take effect on October 1, 2019.
 (b)In generalIn the case of a State plan under part B or E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature.
 (c)Application to programs operated by indian tribal organizationsIn the case of an Indian tribe, tribal organization, or tribal consortium which the Secretary of Health and Human Services determines requires time to take action necessary to comply with the additional requirements imposed by the amendments made by this Act (whether the tribe, organization, or tribal consortium has a plan under section 479B of the Social Security Act or a cooperative agreement or contract entered into with a State), the Secretary shall provide the tribe, organization, or tribal consortium with such additional time as the Secretary determines is necessary for the tribe, organization, or tribal consortium to take the action to comply with the additional requirements before being regarded as failing to comply with the requirements.


113 HR 1760 IH: Immigration and Naturalization Investment Ventures for Engineering, Science, and Technology in America Act of 2013
U.S. House of Representatives
2013-04-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1760
		IN THE HOUSE OF REPRESENTATIVES

			April 25, 2013
			Mr. Schiff introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To establish an entrepreneur-based immigrant category for
		  alien entrepreneurs who have completed or are in the process of completing a
		  degree in Science, Engineering, Math or a technology-related
		  field.

		1.Short titleThis Act may be cited as the
			 Immigration and Naturalization
			 Investment Ventures for Engineering, Science, and Technology in America Act of
			 2013 or INVEST
			 in America Act.
		2.Conditional
			 permanent resident status for certain STEM alien entrepreneurs, spouses, and
			 childrenThe Immigration and
			 Nationality Act is amended by inserting after section 216A the
			 following:

				216B.Conditional
				permanent resident status for certain STEM alien entrepreneurs, spouses, and
				children
					(a)In
				general
						(1)Adjustment of
				statusEach fiscal year, the
				status of not more than 9,940 aliens having status under section
				101(a)(15)(F)(i) or 101(a)(15)(H)(i)(b) shall be adjusted to that of an alien
				lawfully admitted for permanent residence if each such alien files an
				application, at such time and in such manner as the Secretary of Homeland
				Security may require, that includes information sufficient to prove that the
				alien has fulfilled the following requirements:
							(A)The alien is in
				the process of completing, or has completed within the most recent 3 years
				preceding the date of application, a graduate level degree in science,
				technology, engineering, math or a related academic discipline from an
				accredited United States college, university or other institute of higher
				education.
							(B)The alien
				establishes and engages in a new commercial enterprise (including a limited
				partnership) that is relevant to the area of study of paragraph (1).
							(C)The alien submits
				a business plan (which may be updated and modified as a result of market
				conditions as long as the criteria specified in this section are met), which
				includes the creation of no less than 5 new full-time jobs and a minimum of 90
				total work months for United States citizens or aliens lawfully admitted for
				permanent residence or other immigrants lawfully authorized to be employed in
				the United States (other than the immigrant and the immigrant’s spouse, sons,
				or daughters) within 5 years and provides the prevailing wage level for the
				occupational classification in the area of employment.
							(D)The alien is
				admissible as an immigrant, except that the numerical limitations of sections
				201 and 202 shall not apply to the adjustment of aliens to lawful permanent
				resident status under this subsection.
							(2)Conditional
				basis for statusNotwithstanding any other provision of this
				Act, an alien entrepreneur (as defined in subsection (g)(1)), alien spouse, and
				alien child (as defined in subsection (g)(2)) shall be considered, at the time
				of obtaining the status of an alien lawfully admitted for permanent residence,
				to have obtained such status on a conditional basis subject to the provisions
				of this section.
						(3)Notice of
				requirements
							(A)At time of
				obtaining permanent residenceAt the time an alien entrepreneur, alien
				spouse, or alien child obtains permanent resident status on a conditional basis
				under paragraph (1), the Secretary of Homeland Security shall provide for
				notice to such an entrepreneur, spouse, or child respecting the provisions of
				this section and the requirements of subsection (c)(1) to have the conditional
				basis of such status renewed, and the requirements of subsection (d)(1) to have
				the conditional basis of such status removed.
							(B)At time of
				required petitionIn
				addition, the Secretary of Homeland Security shall attempt to provide notice to
				such an entrepreneur, spouse, or child, at or about the beginning of the 90-day
				period described in subsection (e)(2)(A), of the requirements of subsection
				(c)(1) and (d)(1).
							(C)Effect of
				failure to provide noticeThe
				failure of the Secretary of Homeland Security to provide a notice under this
				paragraph shall not affect the enforcement of the provisions of this section
				with respect to such an entrepreneur, spouse, or child.
							(b)Termination of
				status if finding that qualifying entrepreneurship improper
						(1)In
				generalIn the case of an
				alien entrepreneur with permanent resident status on a conditional basis under
				subsection (a), if the Secretary of Homeland Security determines, before the
				60-month anniversary of the alien's obtaining the status of lawful admission
				for permanent residence, that—
							(A)the establishment of the commercial
				enterprise was intended solely as a means of evading the immigration laws of
				the United States;
							(B)(i)the alien did not establish and engage in a
				new commercial enterprise relevant to the graduate level degree in science,
				technology, engineering, math or a related academic discipline; or
								(ii)the alien was not sustaining the actions
				described in clause (i) throughout the period of the alien's residence in the
				United States; or
								(C)the alien was otherwise not conforming to
				the requirements of this section, then the Secretary of Homeland Security shall
				so notify the alien involved and, subject to paragraph (2), shall terminate the
				permanent resident status of the alien (and the alien spouse and alien child)
				involved as of the date of the determination.
							(2)Hearing in
				removal proceedingAny alien
				whose permanent resident status is terminated under paragraph (1) may request a
				review of such determination in a proceeding to remove the alien. In such
				proceeding, the burden of proof shall be on the Secretary of Homeland Security
				to establish, by a preponderance of the evidence, that a condition described in
				paragraph (1) is met.
						(c)Requirements of
				Timely Petition and Interview for Renewal of Condition
						(1)In
				generalIn order for the
				conditional basis established under subsection (a) for an alien entrepreneur,
				alien spouse, or alien child to be renewed—
							(A)the alien entrepreneur must submit to the
				Secretary of Homeland Security, during the period described in subsection
				(e)(2), a petition which requests the renewal of such conditional basis and
				which states, under penalty of perjury, the facts and information described in
				subsection (e)(1); and
							(B)in accordance with
				subsection (e)(3), the alien entrepreneur must appear for a personal interview
				before an officer or employee of the Service respecting the facts and
				information described in subsection (e)(1).
							(2)Termination of
				permanent resident status for failure to file petition or have personal
				interview
							(A)In
				generalIn the case of an
				alien with permanent resident status on a conditional basis under subsection
				(a), if—
								(i)no petition is filed with respect to the
				alien in accordance with the provisions of paragraph (1)(A); or
								(ii)unless there is
				good cause shown, the alien entrepreneur fails to appear at the interview
				described in paragraph (1)(B) (if required under subsection (e)(3)), the
				Secretary of Homeland Security shall terminate the permanent resident status of
				the alien (and the alien's spouse and children if it was obtained on a
				conditional basis under this section) as of the 30 month anniversary of the
				alien's lawful admission for permanent residence.
								(B)Hearing in
				removal proceedingIn any
				removal proceeding with respect to an alien whose permanent resident status is
				terminated under subparagraph (A), the burden of proof shall be on the alien to
				establish compliance with the conditions of paragraphs (1)(A) and
				(1)(B).
							(3)Determination
				after petition and interview
							(A)In
				generalIf—
								(i)a petition is filed in accordance with the
				provisions of paragraph (1)(A); and
								(ii)the alien
				entrepreneur appears at any interview described in paragraph (1)(B), the
				Secretary of Homeland Security shall make a determination, within 90 days of
				the date of the such filing or interview (whichever is later), as to whether
				the facts and information described in subsection (e)(1) and alleged in the
				petition are true with respect to the qualifying commercial enterprise.
								(B)Renewal of
				conditional basis if favorable determinationIf the Secretary of Homeland Security
				determines that such facts and information are true, the Secretary of Homeland
				Security shall so notify the alien involved and shall renew the conditional
				basis of the alien's status effective as of the 30 month anniversary of the
				alien's lawful admission for permanent residence.
							(C)Termination if
				adverse determinationIf the
				Secretary of Homeland Security determines that such facts and information are
				not true, the Secretary of Homeland Security shall so notify the alien involved
				and, subject to subparagraph (D), shall terminate the permanent resident status
				of an alien entrepreneur, alien spouse, or alien child as of the date of the
				determination.
							(D)Hearing in
				removal proceedingAny alien
				whose permanent resident status is terminated under subparagraph (C) may
				request a review of such determination in a proceeding to remove the alien. In
				such proceeding, the burden of proof shall be on the Secretary of Homeland
				Security to establish, by a preponderance of the evidence, that the facts and
				information described in subsection (e)(1) and alleged in the petition are not
				true with respect to the qualifying commercial enterprise.
							(d)Requirements of
				Timely Petition and Interview for Removal of Condition
						(1)In
				generalIn order for the
				conditional basis established under subsection (a) for an alien entrepreneur,
				alien spouse, or alien child to be removed—
							(A)the alien entrepreneur must submit to the
				Secretary of Homeland Security, during the period described in subsection
				(e)(2), a petition which requests the removal of such conditional basis and
				which states, under penalty of perjury, the facts and information described in
				subsection (e)(1); and
							(B)in accordance with
				subsection (e)(3), the alien entrepreneur must appear for a personal interview
				before an officer or employee of the Service respecting the facts and
				information described in subsection (e)(1).
							(2)Termination of
				permanent resident status for failure to file petition or have personal
				interview
							(A)In
				generalIn the case of an
				alien with permanent resident status on a conditional basis under subsection
				(a), if—
								(i)no petition is filed with respect to the
				alien in accordance with the provisions of paragraph (1)(A); or
								(ii)unless there is
				good cause shown, the alien entrepreneur fails to appear at the interview
				described in paragraph (1)(B) (if required under subsection (e)(3)), the
				Secretary of Homeland Security shall terminate the permanent resident status of
				the alien (and the alien's spouse and children if it was obtained on a
				conditional basis under this section) as of the 60 month anniversary of the
				alien's lawful admission for permanent residence.
								(B)Hearing in
				removal proceedingIn any
				removal proceeding with respect to an alien whose permanent resident status is
				terminated under subparagraph (A), the burden of proof shall be on the alien to
				establish compliance with the conditions of paragraphs (1)(A) and
				(1)(B).
							(3)Determination
				after petition and interview
							(A)In
				generalIf—
								(i)a petition is filed in accordance with the
				provisions of paragraph (1)(A); and
								(ii)the alien
				entrepreneur appears at any interview described in paragraph (1)(B), the
				Secretary of Homeland Security shall make a determination, within 90 days of
				the date of the such filing or interview (whichever is later), as to whether
				the facts and information described in subsection (e)(1) and alleged in the
				petition are true with respect to the qualifying commercial enterprise.
								(B)Removal of
				conditional basis if favorable determinationIf the Secretary of Homeland Security
				determines that such facts and information are true, the Secretary of Homeland
				Security shall so notify the alien involved and shall remove the conditional
				basis of the alien's status effective as of the 60 month anniversary of the
				alien's lawful admission for permanent residence.
							(C)Termination if
				adverse determinationIf the
				Secretary of Homeland Security determines that such facts and information are
				not true, the Secretary of Homeland Security shall so notify the alien involved
				and, subject to subparagraph (D), shall terminate the permanent resident status
				of an alien entrepreneur, alien spouse, or alien child as of the date of the
				determination.
							(D)Hearing in
				removal proceedingAny alien
				whose permanent resident status is terminated under subparagraph (C) may
				request a review of such determination in a proceeding to remove the alien. In
				such proceeding, the burden of proof shall be on the Secretary of Homeland
				Security to establish, by a preponderance of the evidence, that the facts and
				information described in subsection (e)(1) and alleged in the petition are not
				true with respect to the qualifying commercial enterprise.
							(e)Details of
				Petition and Interview
						(1)Contents of
				petition
							(A)Each petition under subsection (c)(1)(A)
				shall contain facts and information demonstrating that the alien—
								(i)established and engaged in a new commercial
				enterprise relevant to the graduate level degree in science, technology,
				engineering, math or a related academic discipline;
								(ii)sustained the
				actions described in clause (i) throughout the period of the alien's residence
				in the United States; and
								(iii)either—
									(I)created no less
				than 2 new full-time jobs for United States citizens or aliens lawfully
				admitted for permanent residence or other immigrants lawfully authorized to be
				employed in the United States (other than the immigrant and the immigrant’s
				spouse, sons, or daughters) for the duration of a 6-month minimum prior to the
				filing of the petition and provides the prevailing wage level for the
				occupational classification in the area of employment; or
									(II)invested not less
				than $200,000 in the new commercial enterprise.
									(B)Each petition under subsection (d)(1)(A)
				shall contain facts and information demonstrating that the alien—
								(i)established and engaged in a new commercial
				enterprise relevant to the graduate level degree in science, technology,
				engineering, math or a related academic discipline;
								(ii)sustained the
				actions described in clause (i) throughout the period of the alien's residence
				in the United States; and
								(iii)either—
									(I)created no less
				than 5 new full-time jobs and a minimum of 90 total work months for a United
				States citizens or aliens lawfully admitted for permanent residence or other
				immigrants lawfully authorized to be employed in the United States (other than
				the immigrant and the immigrant’s spouse, sons, or daughters) within 5 years
				and provides the prevailing wage level for the occupational classification in
				the area of employment; or
									(II)invested not less
				than $500,000 in the new commercial enterprise.
									(C)is otherwise conforming to the requirements
				of this section.
							(2)Period for
				filing petition
							(A)In
				generalExcept as provided in
				subparagraph (B)—
								(i)the petition under subsection (c)(1)(A)
				must be filed during the 90-day period before the 36 month anniversary of the
				alien's lawful admission for permanent residence; and
								(ii)the petition
				under subsection (d)(1)(A) must be filed during the 90-day period before the 60
				month anniversary of the alien's lawful admission for permanent
				residence.
								(B)Date petitions
				for good causeSuch a
				petition may be considered if filed after such date, but only if the alien
				establishes to the satisfaction of the Secretary of Homeland Security good
				cause and extenuating circumstances for failure to file the petition during the
				period described in subparagraph (A).
							(C)Filing of
				petitions during removalIn
				the case of an alien who is the subject of removal hearings as a result of
				failure to file a petition on a timely basis in accordance with subparagraph
				(A), the Secretary of Homeland Security may stay such removal proceedings
				against an alien pending the filing of the petition under subparagraph
				(B).
							(3)Personal
				interviewThe interview under
				subsection (c)(1)(B) and (d)(1)(B) shall be conducted within 90 days after the
				date of submitting a petition under subsection (c)(1)(A) and (d)(1)(A),
				respectively, and at a local office of the Service, designated by the Secretary
				of Homeland Security, which is convenient to the parties involved. The
				Secretary of Homeland Security, in the Secretary of Homeland Security's
				discretion, may waive the deadline for such an interview or the requirement for
				such an interview in such cases as may be appropriate.
						(f)Treatment of
				Period for Purposes of NaturalizationFor purposes of title III, in the case of
				an alien who is in the United States as a lawful permanent resident on a
				conditional basis under this section, the alien shall be considered to have
				been admitted as an alien lawfully admitted for permanent residence and to be
				in the United States as an alien lawfully admitted to the United States for
				permanent residence.
					(g)DefinitionsIn this section:
						(1)Alien
				entrepreneurThe term
				alien entrepreneur means an alien who obtains the status of an
				alien lawfully admitted for permanent residence (whether on a conditional basis
				or otherwise) under this section.
						(2)Alien spouse;
				alien childThe term
				alien spouse and the term alien child mean an
				alien who obtains the status of an alien lawfully admitted for permanent
				residence (whether on a conditional basis or otherwise) by virtue of being the
				spouse or child, respectively, of an alien entrepreneur.
						(3)Commercial
				EnterpriseThe term commercial enterprise includes
				a limited partnership.
						(4)InvestmentThe
				term investment includes investments by venture capitalists,
				qualified angel investors, or the entrepreneur, and also includes reinvested
				profits.
						(5)Full-time
				employmentThe term full-time employment means
				employment in a position that requires at least 35 hours of service per week at
				any time, regardless of who fills the
				position.
						.

		3.Government
			 Accountability Office Study
			(a)In
			 generalNot later than 5
			 years after the date of enactment of this Act, and again not later than 10
			 years after the date of enactment, the Comptroller General of the United States
			 shall submit to Congress a report on the entrepreneur-based immigrant category
			 established under section 216B of the Immigration and Nationality Act.
			(b)ContentsA report described in subsection (a) shall
			 include information regarding—
				(1)the number of immigrant entrepreneurs who
			 have obtained conditional permanent residency under the entrepreneur-based
			 immigrant category;
				(2)the number of jobs
			 created through the program;
				(3)the titles and
			 wages of the created employment positions;
				(4)the length of
			 employment for the created employment positions;
				(5)the number of
			 immigrant entrepreneurs who were approved for removal of conditional permanent
			 residence status at the end of the 5 year conditional status period;
				(6)the economic impact of the commercial
			 activity generated in the United States as a result of immigrant entrepreneurs;
			 and
				(7)any additional
			 information regarding the effects of the Program.
				4.Recruit, Retain,
			 and Invest Strategic Plan
			(a)In
			 generalNot later than 2
			 years after the date of the enactment of this Act, the Secretary of Homeland
			 Security, the Secretary of Commerce, and the Secretary of Education shall
			 jointly submit a strategic plan to be known as the Recruitment,
			 Retainment, and Investment Strategic Plan to Congress.
			(b)ContentsThe strategic plan described in subsection
			 (a) shall study and recommend coordinated strategies to attract the highest
			 skilled and most talented foreign nationals to immigrate to the United States
			 in order to create American jobs and grow the United States economy.


		III

		109th CONGRESS

		1st Session

		S. RES. 336

		IN THE SENATE OF THE UNITED STATES

			December 16, 2005

			Mr. Santorum (for

			 himself, Mr. Brownback, ,

			 Ms. Mikulski, Ms. Stabenow, Mr.

			 Chambliss, Mr. Nelson of

			 Florida, Mr. Coleman,

			 Mr. Bond, Mrs.

			 Dole, Mr. Lautenberg,

			 Mr. Lieberman, Mr. Smith, Mr. Nelson of

			 Nebraska, Mr. DeWine,

			 Mr. Vitter, Mr.

			 Isakson, Mr. Talent,

			 Mr. Stevens, Mr. Martinez, Mr.

			 Voinovich, Mr. Rockefeller,

			 and Mrs. Feinstein) submitted the

			 following resolution; which was referred to the

			 Committee on Foreign

			 Relations

		RESOLUTION

		To condemn the harmful, destructive, and

		  anti-Semitic statements of Mahmoud Ahmadinejad, the President of Iran, and to

		  demand an apology for those statements of hate and animosity towards all Jewish

		  people of the world.

		Whereas Mahmoud Ahmadinejad, the President of Iran,

			 declared in an October 26, 2005, address at the World Without Zionism

			 conference in Tehran that the new wave that has started in Palestine,

			 and we witness it in the Islamic World too, will eliminate this disgraceful

			 stain from the Islamic World and that Israel must be wiped off

			 the map.;

		Whereas the President of Iran told reporters on December

			 8th at an Islamic conference in Mecca, Saudi Arabia, Some European

			 countries insist on saying that Hitler killed millions of innocent Jews in

			 furnaces … although we don't accept this claim.;

		Whereas Mr. Ahmadinejad then stated, If the

			 Europeans are honest they should give some of their provinces in Europe … to

			 the Zionists, and the Zionists can establish their state in

			 Europe.;

		Whereas on December 14, 2005, Mr. Ahmadinejad said live on

			 Iranian television, they have invented a myth that Jews were massacred

			 and place this above God, religions and the prophets.;

		Whereas the leaders of the Islamic Republic of Iran,

			 beginning with its founder, the Ayatollah Ruhollah Khomeini, have issued

			 statements of hate against the United States, Israel, and Jewish

			 peoples;

		Whereas certain leaders, including Ahmadi Nezhad, and the

			 Supreme Leader, Ali Khamenei, have similarly called for the destruction of the

			 United States, and the Islamic Republic of Iran has funded, armed, trained,

			 assisted, and sheltered leading terrorists, including terrorists in Iraq who

			 use Iranian support to kill military personnel of the United States;

		Whereas an estimated 6,000,000 Jews were killed in the

			 Nazi Holocaust;

		Whereas the remarks of President Ahmadinejad have been

			 denounced around the world and condemned by among others, the political leaders

			 of the United States, Arab nations, Israel, Europe, and the United

			 Nations;

		Whereas it is a crime in the Federal Republic of Germany

			 to deny the existence of the Holocaust; and

		Whereas the United Nations, in General Assembly Resolution

			 181 (1947), recommended the adoption of the Plan of Partition with Economic

			 Union for Palestine, which called for an independent Jewish State: Now,

			 therefore, be it

		That the Senate—

			(1)condemns recent

			 statements by President Ahmadinejad that denied the occurrence of the Holocaust

			 and supported moving the State of Israel to Europe;

			(2)demands an

			 official apology for these damaging, anti-Semitic statements that ignore

			 history, human suffering, and the loss of life during the Holocaust;

			(3)supports efforts

			 by the people of Iran to exercise self-determination over the form of

			 government of their country;

			(4)supports a

			 national referendum in Iran with oversight by international observers and

			 monitors to certify the integrity and fairness of the referendum; and

			(5)reaffirms the

			 need for Iran to—

				(A)end its support

			 for international terrorism; and

				(B)join other Middle

			 Eastern countries in seeking a successful outcome of the Middle East peace

			 process.


117 S2944 IS: Funding Iron Dome by Defunding the Taliban Act
U.S. Senate
2021-10-06
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.

II117th CONGRESS1st SessionS. 2944IN THE SENATE OF THE UNITED STATESOctober 6, 2021Mr. Paul introduced the following bill; which was read twice and referred to the Committee on AppropriationsA BILLMaking supplemental appropriations for the fiscal year ending September 30, 2022, and for other purposes.That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely:Department of DefenseProcurementProcurement, Defense-WideFor an additional amount for Procurement, Defense-Wide, $1,000,000,000, to remain available until September 30, 2024, for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats: Provided, That such funds shall be provided to address emergent requirements in support of Operation Guardian of the Walls: Provided further, That such funds shall be transferred pursuant to an exchange of letters and are in addition to funds provided pursuant to the U.S.-Israel Iron Dome Procurement Agreement, as amended: Provided further, That nothing in the preceding provisos shall be construed to apply to amounts made available in prior appropriations Acts for the procurement of the Iron Dome defense system: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022.General Provisions—This Act101.Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 102.Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2022.103.Prevention of funds being allocated to the Taliban(a)There is hereby rescinded all of the unobligated balances from the amounts appropriated or otherwise made available to the covered funds for reconstruction activities in Afghanistan.(b)In this section, the term covered funds means, with respect to amounts appropriated for Afghanistan—(1)the Afghanistan Security Forces Fund (ASFF);(2)the Economic Support Fund (ESF);(3)International Narcotics Control and Law Enforcement (INCLE);(4)the Commanders’ Emergency Response Program (CERP);(5)Drug Interdiction and Counter-Drug Activities (DICDA);(6)Migration and Refugee Assistance (MRA);(7)International Disaster Assistance (IDA); and(8)Non-Proliferation, Antiterrorism, Demining, and Related (NADR). This Act may be cited as the Funding Iron Dome by Defunding the Taliban Act.


109 HR 2318 IH: Protection Against Sexual Exploitation of Children Act of 2005
U.S. House of Representatives
2005-05-12
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. 2318
IN THE HOUSE OF REPRESENTATIVES

May 12, 2005
Mr. Green of Wisconsin introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To amend title 18, United States Code, to provide increased penalties for sexual offenses against children, and for other purposes.

1.Short titleThis Act may be cited as the Protection Against Sexual Exploitation of Children Act of 2005.
2.Increased penalties for sexual offenses against children
(a)Sexual abuse
(1)Aggravated sexual abuse of childrenSection 2241(c) of title 18, United States Code, is amended by striking , imprisoned for any term of years or life, or both. and inserting and imprisoned for not less than 30 years or for life..
(2)Abusive sexual contact with childrenSection 2244 of chapter 109A of title 18, United States Code, is amended—
(A)in subsection (a)—
(i)in paragraph (1), by inserting (a) or (b) after section 2241;
(ii)by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and
(iii)by inserting after paragraph (1) the following:

(2)subsection (c) of section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title and imprisoned for not less than 10 years and not more than 25 years;; and
(B)in subsection (c), by inserting (other than subsection (a)(2)) after violates this section.
(3)Sexual abuse of children resulting in deathSection 2245 of title 18, United States Code, is amended—
(A)by striking A person and inserting (a) In general.—A person; and
(B)by adding at the end the following:

(b)Offenses involving young childrenA person who, in the course of an offense under this chapter, engages in conduct that results in the death of a person who has not attained the age of 12 years, shall be punished by death or imprisoned for not less than 30 years or for life..
(b)Sexual exploitation and other abuse of children
(1)Sexual exploitation of childrenSection 2251(e) of title 18, United States Code, is amended—
(A)by striking 15 years nor more than 30 years and inserting 25 years or for life;
(B)by striking not less than 25 years nor more than 50 years, but if such person has 2 or more prior convictions under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to the sexual exploitation of children, such person shall be fined under this title and imprisoned not less than 35 years nor more than life. and inserting life.; and
(C)by striking any term of years or for life and inserting not less than 30 years or for life..
(2)Activities relating to material involving the sexual exploitation of childrenSection 2252(b) of title 18, United States Code, is amended—
(A)in paragraph (1)—
(i)by striking 5 years and not more than 20 years and inserting 25 years or for life; and
(ii)by striking not less than 15 years nor more than 40 years. and inserting life.; and
(B)in paragraph (2)—
(i)by striking or imprisoned for not more than and inserting and imprisoned for;
(ii)by striking , or both; and
(iii)by striking 10 years nor more than 20 years. and inserting 30 years or for life..
(3)Activities relating to material constituting or containing child pornographySection 2252A(b) of title 18, United States Code, is amended—
(A)in paragraph (1)—
(i)by striking 5 years and not more than 20 years and inserting 25 years or for life; and
(ii)by striking not less than 15 years nor more than 40 years and inserting life; and
(B)in paragraph (2)—
(i)by striking or imprisoned not more than 10 years, or both and inserting and imprisoned for 10 years; and
(ii)by striking 10 years nor more than 20 years and inserting 30 years or for life.
(4)Using misleading domain names to direct children to harmful material on the internetSection 2252B(b) of title 18, United States Code, is amended by striking or imprisoned not more than 4 years, or both and inserting  and imprisoned not less than 10 years.
(5)Production of sexually explicit depictions of childrenSection 2260(c) of title 18, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following:

(1)shall be fined under this title and imprisoned for not less than 25 years; and
(2)if the person has a prior conviction under this chapter or chapter 109A, shall be fined under this title and imprisoned for life..
(c)Conduct relating to child prostitutionSection 2423 of title 18, United States Code, is amended—
(1)in subsection (a), by striking 5 years and not more than 30 years and inserting 30 years or for life;
(2)in subsection (b), by striking or imprisoned not more than 30 years, or both and inserting and imprisoned for not less than 10 years and not more than 30 years;
(3)in subsection (c), by striking or imprisoned not more than 30 years, or both and inserting and imprisoned for not less than 10 years and not more than 30 years; and
(4)in subsection (d), by striking imprisoned not more than 30 years, or both and inserting and imprisoned for 30 years.
(d)Mandatory life imprisonment for certain repeated sex offenses against childrenSection 3559(e)(2)(A) of title 18, United States Code, is amended—
(1)by striking or 2423(a) and inserting 2423(a); and
(2)by inserting , 2423(b) (relating to travel with intent to engage in illicit sexual conduct), or 2425 (relating to use of interstate facilities to transmit information about a minor) after minors).


109 HR 4182 IH: To remove the restriction that amendments of, or modifications to, the constitution of American Samoa, as approved by the Secretary of the Interior pursuant to Executive Order 10264 as in effect January 1, 1983, may be made only by an Act of Congress.
U.S. House of Representatives
2005-10-31
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. 4182
IN THE HOUSE OF REPRESENTATIVES

October 31, 2005
Mr. Faleomavaega introduced the following bill; which was referred to the Committee on Resources

A BILL
To remove the restriction that amendments of, or modifications to, the constitution of American Samoa, as approved by the Secretary of the Interior pursuant to Executive Order 10264 as in effect January 1, 1983, may be made only by an Act of Congress.

1.Removal of restriction on amendments to or modifications of the constitution of American SamoaSection 12 of Public Law 98–213 (48 U.S.C. 1662a) is repealed.


114 HR 2281 IH: States’ Education Reclamation Act of 2015
U.S. House of Representatives
2015-05-12
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
114th CONGRESS 1st Session
H. R. 2281
IN THE HOUSE OF REPRESENTATIVES

May 12, 2015
Mr. Rouzer introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL
To provide for the elimination of the Department of Education, and for other purposes.

1.Short titleThis Act may be cited as the States’ Education Reclamation Act of 2015.  2.FindingsCongress finds the following:
(1)Principles of federalism embodied in the Constitution of the United States entrust authority over issues of educational policy to the States and the people and a Federal Department of Education is inconsistent with such principles. (2)Tradition and experience dictate that the governance and management of schools in the United States are best performed by parents, teachers, and communities.
(3)The education of the Nation’s students is suffering under a managerial government. (4)The Department of Education has weakened the ability of parents to make essential decisions about their children’s education and has undermined the capacity of communities to govern their schools.
(5)In the 34 years of its existence, the Department of Education has grown from a budget of $14 billion to almost $65.7 billion in annual discretionary appropriations administering around 100 programs. Meanwhile, education performance for 17-year-olds has stagnated since 1971. (6)The Department of Education has fostered over-regulation, standardization, bureaucratization, and litigation in United States education.
(7)The Department of Education expends large amounts of money on its own maintenance and overhead. While the average national salary for public school teachers is $56,103 the average salary for a Department of Education employee is $108,571. (8)In certain States, the average State salary for a public school teacher is less than the national average. In North Carolina, the average salary for a public school teacher is $45,737.
(9)Recent tests reflect poor results in mathematics, science, and reading for American students compared with students from other nations. (10)Only through initiatives led by parents and local communities with the power to act can the United States elevate educational performance toward an acceptable level.
(11)The current system of top-down education uniformity is detrimental to local businesses and communities, the economic needs of the States, and the Nation’s ability to compete globally for jobs. (12)The Department of Education has been hostile to many promising reforms, including reforms that would empower parents, teachers, and local communities. The United States, once a laboratory of innovation through the experiments of the States, is moving toward education standardization that does not consider the individual educational needs of our diverse population of students.
3.Abolition of department of educationThe Department of Education is abolished, and, with the exception of the programs transferred under section 7, any program for which the Secretary of Education or the Department of Education has administrative responsibility as provided by law or by delegation of authority pursuant to law is repealed, including each program under the following: (1)The Department of Education Organization Act (20 U.S.C. 3401 et seq.).
(2)The General Education Provisions Act (20 U.S.C. 1221 et seq.). 4.Grants to states for elementary and secondary and for postsecondary education programs (a)In generalSubject to the requirements of this Act, each State is entitled to receive from the Secretary of the Treasury, by not later than July 1 of the preceding fiscal year—
(1)a grant for fiscal year 2016 and each succeeding fiscal year through fiscal year 2024, that is equal to the amount of funds appropriated for the State for Federal elementary school and secondary school programs for fiscal year 2012 (except for the funds appropriated for fiscal year 2012 for such programs for such State that are being transferred under section 7); and (2)a grant for fiscal year 2016 and each succeeding fiscal year through fiscal year 2024, that is equal to the amount of funds appropriated for the State for Federal postsecondary education programs for fiscal year 2012 (except for the funds appropriated for fiscal year 2012 for such programs for such State that are being transferred under section 7).
(b)AppropriationOut of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal years 2016 through 2024, such sums as are necessary for grants under subsection (a). (c)Requirements relating to intergovernmental financingThe Secretary of the Treasury shall make the transfer of funds under grants under subsection (a) directly to each State in accordance with the requirements of section 6503 of title 31, United States Code.
(d)Expenditure of fundsAmounts received by a State under this section for any fiscal year shall be expended by the State in such fiscal year or in the succeeding fiscal year. (e)Use of fundsFunds made available to a State—
(1)under subsection (a)(1), shall be used by the State for any elementary or secondary education purpose permitted by State law, including increases in teacher salaries; and (2)under subsection (a)(2), shall be used by the State for any postsecondary education purpose permitted by State law.
(f)Supplement, not supplantA grant received under subsection (a) shall only be used to supplement the amount of funds that would, in the absence of such grant, be made available from non-Federal sources for elementary school and secondary school programs or postsecondary education programs, and not to supplant those funds. 5.Administrative and fiscal accountability (a)Audits (1)Contract with approved auditing entityNot later than October 1, 2015, and annually thereafter, a State shall contract with an approved auditing entity (as defined under paragraph (3)(B)) for purposes of conducting an audit under paragraph (2) (with respect to the fiscal year ending September 30 of such year).
(2)Audit requirementUnder a contract under paragraph (1), an approved auditing entity shall conduct an audit of the expenditures or transfers made by a State from amounts received under a grant under section 4, with respect to the fiscal year which such audit covers, to determine the extent to which such expenditures and transfers were expended in accordance with section 4. (3)Entity conducting audit (A)In generalWith respect to a State, the audit under paragraph (2) shall be conducted by an approved auditing entity in accordance with generally accepted auditing principles.
(B)Approved auditing entityFor purposes of this section, the term approved auditing entity means, with respect to a State, an entity that is— (i)approved by the Secretary of the Treasury;
(ii)approved by the chief executive officer of the State; and (iii)independent of any Federal, State, or local agency.
(4)Submission of auditNot later than April 30, 2016, and annually thereafter, a State shall submit the results of the audit under paragraph (2) (with respect to the fiscal year ending on September 30 of such year) to the State legislature and to the Secretary of the Treasury. (b)Reimbursement and penaltyIf, through an audit conducted under subsection (a), an approved auditing entity finds that a State violated the requirements of subsection (d) or (e) of section 4, the State shall pay to the Treasury of the United States 100 percent of the amount of State funds that were used in violation of section 4 as a penalty. Insofar as a State fails to pay any such penalty, the Secretary of the Treasury shall offset the amount not so paid against the amount of any grant otherwise payable to the State under this Act.
(c)Annual reporting requirements
(1)In generalNot later than January 31, 2016, and annually thereafter, each State shall submit to the Secretary of the Treasury and the State legislature a report on the activities carried out by the State during the most recently completed fiscal year with funds received by the State under a grant under section 4 for such fiscal year. (2)ContentA report under paragraph (1) shall, with respect to a fiscal year—
(A)contain the results of the audit conducted by an approved auditing entity for a State for such fiscal year, in accordance with the requirements of subsection (a) of this section; (B)specify the amount of the grant made to the State under section 4; and
(C)be in such form and contain such other information as the State determines is necessary to provide— (i)an accurate description of the activities conducted by the State for the purpose described under section 4; and
(ii)a complete record of the purposes for which amounts were expended in accordance with this section. (3)Public availabilityA State shall make copies of the reports required under this section available on a public website and shall make copies available in other formats upon request.
(d)Failure to Comply with requirementsThe Secretary of the Treasury shall not make any payment to a State under a grant authorized by section 4— (1)if an audit for a State is not submitted as required under subsection (a) during the period between the date such audit is due and the date on which such audit is submitted;
(2)if a State fails to submit a report as required under subsection (c) during the period between the date such report is due and the date on which such report is submitted; or (3)if a State violates a requirement of section 4 during the period beginning on the date the Secretary becomes aware of such violation and the date on which such violation is corrected by the State.
(e)Administrative supervision and oversight
(1)Limited role for Secretary of the TreasuryThe authority of the Secretary of the Treasury under this Act is limited to— (A)promulgating regulations, issuing rules, or publishing guidance documents to the extent necessary for purposes of implementing subsection (a)(3)(B), subsection (b), and subsection (d);
(B)making payments to the States under grants under section 4; (C)approving entities under subsection (a)(3)(B) for purposes of the audits required under subsection (a);
(D)withholding payment to a State of a grant under subsection (d) or offsetting a payment of such a grant to a State under subsection (b); and (E)exercising the authority relating to nondiscrimination that is specified in section 6(b).
(2)Limited role for Attorney generalThe authority of the Attorney General to supervise the amounts received by a State under section 4 is limited to the authority under section 6(b). (f)Reservation of state powersNothing in this section shall be construed to limit the power of a State, including the power of a State to pursue civil and criminal penalties under State law against any individual or entity that misuses, or engages in fraud or abuse related to, the funds provided to a State under section 4.
6.Nondiscrimination provisions
(a)No discrimination against individualsNo individual shall be excluded from participation in, denied the benefits of, or subjected to discrimination under, any program or activity funded in whole or in part with amounts paid to a State under section 4 on the basis of such individual’s— (1)disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
(2)sex under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or (3)race, color, or national origin under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(b)Compliance
(1)In generalIf the Attorney General determines that a State or an entity that has received funds from amounts paid to a State under a grant under section 4 has failed to comply with a provision of law referred to in subsection (a), the Secretary of the Treasury shall notify the chief executive officer of the State of such failure to comply and shall request that such chief executive officer secure such compliance. (2)EnforcementIf, not later than 60 days after receiving notification under paragraph (1), the chief executive officer of a State fails or refuses to secure compliance with the provision of law referred to in such notification, the Attorney General may—
(A)institute an appropriate civil action; or (B)exercise the powers and functions provided under section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), or title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (as applicable).
7.Transfer of certain department of education programs
(a)Transfer of certain programsNot later than 24 months after the date of the enactment of this Act— (1)each job training program under the jurisdiction of the Department of Education, including the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) shall be transferred to the Department of Labor;
(2)each special education grant program under the Individuals with Disabilities Education Act (20 U.S.C. 1460 et seq.) shall be transferred to the Department of Health and Human Services; (3)each Indian education program under the jurisdiction of the Department of Education shall be transferred to the Department of the Interior;
(4)each Impact Aid program under title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.) shall be transferred to the Department of Defense; (5)the Federal Pell Grant program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a), shall be transferred to the Department of the Treasury;
(6)each Federal student loan program under the jurisdiction of the Department of Education shall be transferred to the Department of the Treasury; (7)each program under the jurisdiction of the Institute of Education Sciences shall be transferred to the Department of Health and Human Services; and
(8)each program under the jurisdiction of the D.C. Opportunity Scholarship Program shall be transferred to the Department of Health and Human Services.  (b)Limitation on transfer of certain programsThe transfer of programs pursuant to subsection (a) is limited to only the transfer of administrative responsibility as provided by law or the delegation of authority pursuant to law and does not extend to the transfer of personnel employed by the Department of Education to carry out such programs.
8.Gao reportNot later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate report, which shall include— (1)a review and evaluation as to the feasibility of enhancing the ability of States and local communities to fund education by reducing the Federal tax burden and commensurately eliminating Federal Government involvement in providing grants for education programs; and
(2)an evaluation of the feasibility of the successor Federal agencies for maintaining the programs to be transferred under section 7. 9.Plan for closure of the Department of EducationNot later than 365 days after the date of the enactment of this Act, the President shall submit to the Congress a plan to implement closure of the Department of Education in accordance with this Act.
10.DefinitionsIn this Act: (1)Elementary school; secondary schoolThe terms elementary school and secondary school have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 9101).
(2)Institution of higher educationThe term institution of higher education has the meaning given the term in section 102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1002). (3)StateThe term State has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).


113 HRES 11 IH: Amending the Rules of the House of Representatives to reinstate the Gephardt rule.
U.S. House of Representatives
2013-01-03
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.

		IV
		113th CONGRESS
		1st Session
		H. RES. 11
		IN THE HOUSE OF REPRESENTATIVES

			January 3, 2013
			Mr. Welch (for
			 himself, Mr. Clyburn, and
			 Mr. Courtney) submitted the following
			 resolution; which was referred to the Committee on Rules

		RESOLUTION
		Amending the Rules of the House of
		  Representatives to reinstate the Gephardt rule.

		That the Rules of the House of
			 Representatives is amending by adding at the end the following new rule:
			Rule XXXStatutory limit on public
				debt
					1.Upon adoption by Congress of a concurrent
				resolution on the budget under section 301 or 304 of the Congressional Budget
				Act of 1974 that sets forth, as the appropriate level of the public debt for
				the period to which the concurrent resolution relates, an amount that is
				different from the amount of the statutory limit on the public debt that
				otherwise would be in effect for that period, the Clerk shall prepare an
				engrossment of a joint resolution increasing or decreasing, as the case may be,
				the statutory limit on the public debt in the form prescribed in clause 2. Upon
				engrossment of the joint resolution, the vote by which the concurrent
				resolution on the budget was finally agreed to in the House shall also be
				considered as a vote on passage of the joint resolution in the House, and the
				joint resolution shall be considered as passed by the House and duly certified
				and examined. The engrossed copy shall be signed by the Clerk and transmitted
				to the Senate for further legislative action.
					2.The matter after the resolving clause in a
				joint resolution described in clause 1 shall be as follows: That
				subsection (b) of section 3101 of title 31, United States Code, is amended by
				striking out the dollar limitation contained in such subsection and inserting
				in lieu thereof $___., with the blank being filled with
				a dollar limitation equal to the appropriate level of the public debt set forth
				pursuant to section 301(a)(5) of the Congressional Budget Act of 1974 in the
				relevant concurrent resolution described in clause 1. If an adopted concurrent
				resolution under clause 1 sets forth different appropriate levels of the public
				debt for separate periods, only one engrossed joint resolution shall be
				prepared under clause 1; and the blank referred to in the preceding sentence
				shall be filled with the limitation that is to apply for each period.
					3.(a)The report of the Committee on the Budget
				on a concurrent resolution described in clause 1 and the joint explanatory
				statement of the managers on a conference report to accompany such a concurrent
				resolution each shall contain a clear statement of the effect the eventual
				enactment of a joint resolution engrossed under this rule would have on the
				statutory limit on the public debt.
						(b)It shall not be in order for the House to
				consider a concurrent resolution described in clause 1, or a conference report
				thereon, unless the report of the Committee on the Budget or the joint
				explanatory statement of the managers complies with paragraph (a).
						4.Nothing in this rule shall be construed as
				limiting or otherwise affecting—
						(a)the power of the House or the Senate to
				consider and pass bills or joint resolutions, without regard to the procedures
				under clause 1, that would change the statutory limit on the public debt;
				or
						(b)the rights of Members, Delegates, the
				Resident Commissioner, or committees with respect to the introduction,
				consideration, and reporting of such bills or joint resolutions.
						5.In this rule the term statutory limit
				on the public debt means the maximum face amount of obligations issued
				under authority of chapter 31 of title 31, United States Code, and obligations
				guaranteed as to principal and interest by the United States (except such
				guaranteed obligations as may be held by the Secretary of the Treasury), as
				determined under section 3101(b) of such title after the application of section
				3101(a) of such title, that may be outstanding at any one
				time.
					.


I
108th CONGRESS 2d Session
H. R. 5172
IN THE HOUSE OF REPRESENTATIVES

September 29, 2004
Mr. Andrews (for himself, Mr. Portman, and Ms. Schakowsky) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To direct the Consumer Product Safety Commission to declare Yo-Yo Waterball toys to be a banned hazardous product.

1.FindingsCongress finds the following:
(1)Yo-Yo Waterballs (also known as water yo-yos) are inexpensive, easily accessible toys that pose a strangulation hazard and threaten the health of children.
(2)Yo-Yo Waterballs are banned in France, the United Kingdom, Luxembourg, Australia, Brazil, and Canada, and Germany and New Zealand have issued warnings concerning Yo-Yo Waterballs.
(3)The New York State Consumer Protection Board has issued 2 warnings calling Yo-Yo Waterballs serious hazards to kids, and the Massachusetts Office of Consumer Affairs and Business Regulation calls Yo-Yo Waterballs a great risk to children.
(4)Consumer Reports magazine rated Yo-Yo Waterballs as not acceptable in the December 2003 issue.
(5)World Against Toys Causing Harm labeled Yo-Yo Waterballs as one of the 10 Worst Toys of 2003.
(6)On July 2, 2003, a petition from New York’s Empire State Consumer Association reported that the fluid inside the balls is toxic and flammable.
(7)The United States Consumer Product Safety Commission has reported that Yo-Yo Waterballs pose a potential risk of strangulation.
(8)According to the Consumer Product Safety Commission, as of September 29, 2004, Yo-Yo Waterballs were responsible for 394 reported health incidents, 281 of which were coded as causing suffocation or strangulation.
(9)Of those 193 incidents, 52 resulted in serious breathing difficulties that rendered the child unconscious and lifeless after suffering from a lack of oxygen or broken blood vessels.
(10)The Consumer Product Safety Commission reported that 24 children reported allergic reactions to the fluid and it caused some to have trouble breathing.
(11)In spite of evidence concerning the danger to children caused by Yo-Yo Waterballs, the Consumer Product Safety Commission has refused repeated attempts towards banning these dangerous toys.
2.Declaration of Yo-Yo Waterball toy a banned hazardous productNot later than 90 days after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate a rule pursuant to section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) declaring the Yo-Yo Waterball toy a banned hazardous product under such Act.
3.DefinitionFor purposes of this Act, the term Yo-Yo Waterball toy includes the Yo-Yo Waterball, and any similar water yo-yo that contains a rubber ball filled with liquid and attached to a rubber cord.