116 S4893 IS: Protect Election Integrity Act of 2020
U.S. Senate
2020-11-12
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4893IN THE SENATE OF THE UNITED STATESNovember 12, 2020Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Rules and AdministrationA BILLTo amend the Help America Vote Act of 2002 to provide for the establishment of election integrity measures by States and to prohibit ballot harvesting in Federal elections.1.Short titleThis Act may be cited as the Protect Election Integrity Act of 2020.2.Election integrity measures(a)In general(1)RequirementSubtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.) is amended by adding at the end the following new part:7Election Integrity Measures297.Eligibility for payments of States lacking election integrity measures(a)In generalA State is not eligible to receive funds under this Act unless the State meets the following requirements with respect to each election held on or after January 1, 2021.(1)Collection and transmission of ballotsThe State has in effect a law that prohibits an individual from the knowing collection and transmission of a ballot that was mailed to another person, other than an individual described as follows:(A)An election official while engaged in official duties as authorized by law.(B)An employee of the United States Postal Service while engaged in official duties as authorized by law.(C)Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law.(D)A family member, household member, or caregiver of the person to whom the ballot was mailed.(2)ObservationThe State has in effect a law that permits the observation of polling places or counting of ballots, at any site where voting or ballot counting is occurring, by at least 2 appointed campaign representatives per campaign.(3)RecordThe State has in effect a law requiring that mail-in or absentee ballots be counted and recorded immediately upon receipt, with no results to be disclosed until after the closure of polling places on the date of the election.(4)Ballot countingThe State has in effect a law providing that after the closure of polling places on the date of the election, ballot counting begins and does not stop, for any reason except imminent emergency, until all ballots are counted.(5)SurveillanceThe State has in effect a law that provides for round-the-clock video surveillance monitoring of absentee ballot drop boxes, with unedited footage to be made available upon request to members of the public at no charge.(6)ReportThe State has in effect a law that each supervisor of elections must post a report on the official website of such supervisor at least 3 months before a general election for Federal office which outlines preparations for the upcoming general election. Each report under this paragraph must include, at a minimum, the following elements: (A)The anticipated staffing levels during the early voting period, on election day, and after election day.(B)The anticipated amount of automatic tabulating equipment at each early voting site and polling place.(7)CertificationThe State has in effect a law providing that following the certification of the election, the municipal entity responsible for certifying the election shall conduct a manual audit or an automated, independent audit of the voting systems used in randomly selected precincts. The resulting report must be made available to the public within 15 days after completion of the audit.(b)DefinitionsFor purposes of this section:(1)Appointed campaign representativeThe term appointed campaign representative means, with respect to the official campaign of a candidate appearing on a ballot, an individual authorized to observe voting procedures or the counting of ballots by the campaign, but not the candidate himself or herself. A political committee formed for the specific purpose of expressly advocating the passage or defeat of an issue on the ballot may also authorize appointed campaign representatives. (2)CaregiverThe term caregiver means, with respect to a person, an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home.(3)Family memberThe term family member means, with respect to a person, an individual who is related to such person by blood, marriage, adoption, or legal guardianship.(4)Household memberThe term household member means, with respect to a person, an individual who resides at the same residence as such person..(2)Clerical amendmentThe table of contents of such Act is amended by inserting after the item relating to section 296 the following new item:Part 7—Election Integrity Measures Sec. 297. Eligibility for payments of States lacking election integrity measures..(b)Prohibition on ballot harvesting in Federal elections(1)In generalChapter 29 of title 18, United States Code is amended by adding at the end the following new section:612.Prohibition on ballot harvesting in Federal elections(a)In generalIt shall be unlawful for any person to knowingly collect and transmit a ballot in an election for Federal office that was mailed to another person, other than an individual described as follows:(1)An election official while engaged in official duties as authorized by law.(2)An employee of the United States Postal Service while engaged in official duties as authorized by law.(3)Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law.(4)A family member, household member, or caregiver of the person to whom the ballot was mailed..(b)PenaltyAny person who violates subsection (a) shall be fined not more than $10,000 for each ballot collected and transmitted in violation of such subsection, imprisoned for not more than 5 years, or both.(c)DefinitionsFor purposes of this section:(1)CaregiverThe term caregiver means, with respect to a person, an individual who provides medical or health care assistance to such person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home.(2)Family memberThe term family member means, with respect to a person, an individual who is related to such person by blood, marriage, adoption, or legal guardianship.(3)Household memberThe term household member means, with respect to a person, an individual who resides at the same residence as such person. (d)Effective dateThis section shall apply with respect to elections for Federal office held after January 1, 2021..(2)Clerical amendmentThe table of sections for chapter 29 of title 18, United States Code is amended by adding at the end the following new item:612. Prohibition on ballot harvesting in Federal elections..


87 SRES 215 ATS: Designating the week of May 9 through May 15, 2021, as “National Police Week”.
U.S. Senate
2021-05-13
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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.

III117th CONGRESS1st SessionS. RES. 215IN THE SENATE OF THE UNITED STATESMay 13, 2021Mr. Grassley (for himself, Mr. Durbin, Ms. Murkowski, Mr. Markey, Mr. Scott of Florida, Ms. Hassan, Mr. Scott of South Carolina, Mr. Whitehouse, Mr. Sullivan, Mrs. Feinstein, Mr. Marshall, Mr. Leahy, Mr. Risch, Mr. Coons, Ms. Ernst, Mrs. Shaheen, Mr. Cornyn, Mr. King, Mr. Cassidy, Ms. Duckworth, Mrs. Hyde-Smith, Ms. Sinema, Mr. Rubio, Mr. Casey, Mr. Moran, Mr. Manchin, Ms. Collins, Mr. Tester, Mr. Boozman, Ms. Cortez Masto, Mr. Thune, Ms. Baldwin, Mr. Tillis, Mr. Warnock, Mrs. Fischer, Mr. Blumenthal, Mr. Braun, Ms. Cantwell, Mr. Burr, Ms. Klobuchar, Mr. Young, Ms. Stabenow, Mr. Hoeven, Mr. Brown, Mr. Toomey, Mr. Carper, Mrs. Capito, Mr. Van Hollen, Mr. Daines, Ms. Hirono, Mr. Lee, Mr. Menendez, Mr. Hawley, Mr. Schatz, Mr. Lankford, Mr. Booker, Mr. Rounds, Mr. Warner, Mrs. Blackburn, Mr. Blunt, Mr. Inhofe, Mr. Shelby, Mr. Tuberville, Ms. Lummis, Mr. Barrasso, Mr. Wicker, Mr. Portman, Mr. Romney, Mr. Hagerty, Mr. Crapo, Mr. Cotton, Mr. Paul, Mr. Cramer, Mr. Kennedy, Mr. Sasse, Mr. Johnson, Mr. Graham, Mr. McConnell, and Mr. Cruz) submitted the following resolution; which was considered and agreed toRESOLUTIONDesignating the week of May 9 through May 15, 2021, as National Police Week. Whereas Federal, State, local, and Tribal police officers, sheriffs, and other law enforcement officers across the United States are charged with—(1)protecting and serving their communities and the public;(2)pursuing justice for all individuals; and(3)performing the duties of a law enforcement officer with fidelity to the constitutional and civil rights of the public the officers serve;Whereas law enforcement officers swear an oath to uphold the public trust even though, through the performance of the duties of a law enforcement officer, the officers may become targets for senseless acts of violence;Whereas, through a pandemic and at the cost of their own lives, law enforcement officers have continued to bravely meet the call of duty to ensure the security of their neighborhoods and communities;Whereas the resolve to service is clearly demonstrated by law enforcement officers across the United States who have tragically fallen ill as a result of, or passed away due to complications from, COVID–19 contracted in the line of duty;Whereas, in 1962, President John Fitzgerald Kennedy signed Public Law 87–726 (36 U.S.C. 136) (referred to in this preamble as the Joint Resolution), which authorizes the President to proclaim May 15 of every year as Peace Officers Memorial Day in honor of the Federal, State, and local officers who have been killed, disabled, or otherwise injured in the line of duty;Whereas the Joint Resolution also authorizes the President to designate the week in which Peace Officers Memorial Day falls as National Police Week;Whereas the National Law Enforcement Officers Memorial, dedicated on October 15, 1991, is the national monument to honor those law enforcement officers who have died in the line of duty;Whereas Peace Officers Memorial Day, 2021, honors the 306 law enforcement officers, who served with valor, dignity, and integrity, killed in the line of duty in 2020, including—(1)Raymond C. Abear; (2)Daniel R. Abramovitz; (3)Olufela A. Adebiyi; (4)Agustin Aguilar, Jr.; (5)Louis H. Aguirre; (6)Tab T. Ali; (7)L. Dale Allen; (8)Jared M. Allison;(9)Keith S. Allison;(10)Michael H. Ambrosino; (11)Cornelius B. Anderson; (12)Alexander A. Arango; (13)Levi K. Arnold, Sr.; (14)Jane A. Ash; (15)George B. Baker; (16)Richard M. Barry; (17)Kejuane A. Bates; (18)Shannon S. Bennett; (19)Kendle G. Blackburn; (20)James H. Blair; (21)Tamarris L. Bohannon; (22)Thomas E. Booz; (23)Raymond A. Boseman; (24)Lebouath A. Boua; (25)Jairo A. Bravo; (26)Brad A. Briscoe; (27)Mark C. Brown; (28)Lemuel D. Bruce, Jr.; (29)Joseph J. Bullock; (30)Jose A. Buso; (31)Jorge Cabrera; (32)Irving G. Callender; (33)Craig L. Capolino; (34)Robert A. Cardona; (35)Christopher D. Carney; (36)Gregory S. Carnicle; (37)Carlo J. Cayabyab; (38)Dudley J. Champ; (39)Angela D. Chavers; (40)Ismael Z. Chavez; (41)Andrew D. Clark; (42)Michael W. Clegg; (43)Coy D. Coffman, Jr.; (44)Harry M. Cohen; (45)James D. Coleman; (46)Donafay Collins; (47)Kevin D. Collins; (48)Michael A. Conners;(49)James M. Cornacchia; (50)Efren Coronel; (51)Charlie J. Cortez; (52)Kaitlin M. Cowley; (53)Larry D. Crom; (54)Christopher D. Cronin;(55)Christopher M. Cunningham, Sr.; (56)Jennifer M. Czarnecki; (57)James L. Dancy; (58)William J. Darnell; (59)Norman O. Daye, Jr.; (60)Angel M. de la Fuente; (61)Roel de la Fuente; (62)Timothy P. de la Fuente; (63)Lyle G. Denny; (64)Thomas W. Devlin; (65)Anthony H. Dia; (66)Jose A. Diaz-Ayala; (67)Marco DiFranco; (68)William E. Doubraski; (69)Paul P. Dunn;(70)Stephen C. Dutton;(71)Mark R. Eckenrode; (72)Christopher L. Elder; (73)Stanley C. Elrod; (74)Kurtis J. Enget; (75)Terrence A. Engle; (76)Tiffany Victoria B. Enriquez;(77)Christopher E. Ewing; (78)Kenneth D. Foley; (79)Maurice C. Ford; (80)Randall C. French; (81)Frank L. Gagliano; (82)Tracy A. Gaines; (83)Herbert J. Garcia; (84)José A. García Vázquez; (85)William R. Garner; (86)Edelmiro Garza, Jr.; (87)Steven M. Gaudet, Jr.; (88)Maria Gibbs; (89)Andrew J. Gillette; (90)Raul A. Gomez; (91)Marco A. Gonzales; (92)Jonathon K. Goodman, Sr.; (93)Michael H. Grannis;(94)Kaia L. Grant; (95)Gail S. Green-Gilliam;(96)Rickie Groves; (97)Lawrence A. Guarnieri; (98)Claude W. Guillory; (99)Damon C. Gutzwiller; (100)Parnell L. Guyton; (101)Mark A. Hall, Sr.; (102)Robert J. Hall; (103)Jacob W. Hancher; (104)Kenneth W. Harbin; (105)Ryan P. Hendrix; (106)Michael L. Henry, Jr.; (107)Marylou P. Hernandez-Armer; (108)Tyler A. Herndon;(109)L. Mario Herrera; (110)Avery D. Hillman;(111)Curt Holland; (112)Charles E. Holt III; (113)Cody N. Holte;(114)Jeffrey C. Hopkins; (115)Glenn D. Hutto, Jr.; (116)Kenny B. Ingram; (117)Thomas M. Inman; (118)Anthony T. Jackson, Sr.; (119)Domingo Jasso III; (120)Benjamin M. Jenkins;(121)Aubrey T. Johnson, Jr.; (122)Cassie M. Johnson; (123)Craig V. Johnson; (124)Eric T. Johnson; (125)Te’Juan F. Johnson; (126)Waldis V. Johnson;(127)Antoine P. Jones; (128)Jerry W. Jones; (129)Lynn D. Jones; (130)Jason W. Judd; (131)William C. Jumper, Jr.; (132)Kaulike S. G. Kalama; (133)Ethan R. Kaskin; (134)Julian L. Keen, Jr.;(135)David W. Kellywood; (136)Craig L. King; (137)James T. Kirk; (138)Jason M. Knox; (139)Christopher S. Korzilius; (140)Philip Kraverotis; (141)John J. Kuhar, Jr.; (142)Jeremy C. LaDue; (143)Joseph W. Lange; (144)Shirley J. Lanning; (145)Ernest Leal, Jr.; (146)Breann R. Leath; (147)Destin S. Legieza; (148)Justin C. Lenz; (149)Kenneth R. Lester; (150)Erik L. Lloyd; (151)Marshall L. London, Jr.; (152)Anthony J. Lucanto; (153)Nathan J. Lyday; (154)Harold F. MacGilvray, Jr.; (155)Brian L. Magee; (156)Jose P. Marquez; (157)Clifford W. Martin, Sr.; (158)Glenn T. F. Martinez; (159)Lionel Q. Martinez, Jr.;(160)Miguel A. Martínez Ortiz;(161)Wyatt C. Maser; (162)Alan D. McCollum;(163)Bronc J. McCoy; (164)Richard McCoy; (165)Christopher B. McDonnell; (166)Anthony C. McGrew: (167)Adam S. McMillan; (168)Brian K. McNair;(169)Kenneth R. Meisel; (170)Jon M. Melvin; (171)Juan Menchaca, Jr.; (172)Maria L. Mendez; (173)Daniel L. Mendoza III; (174)Frank R. Milillo, Sr.; (175)Steven A. Minor; (176)Bobby R. Montgomery; (177)Angelanette Moore; (178)Titus T. Moore; (179)Jose C. Mora, Jr.; (180)Gabe Morales; (181)Johan Mordan; (182)William T. Morris; (183)Berisford A. Morse; (184)Michael S. Mosher; (185)Dale E. Multer; (186)Eric K Murray; (187)Alfonso H. Murrieta; (188)Benny N. Napoleon; (189)Mikkos L. Newman; (190)Ronald Newman; (191)Charles E. Norton; (192)Jose M. Novoa; (193)Daniel G. Oaks; (194)Richard W. O'Brien, Jr.; (195)James R. O’Connor IV; (196)Thomas A. Ogungbire; (197)Dennis R. Oliver, Jr.; (198)Nicholas D. O'Rear;(199)Andy Ornelas; (200)S. Renee Padgett; (201)Leroy G. Palmer; (202)Omar E. Palmer;(203)Donald E. Parker;(204)Jonathan D. Parnell; (205)Betty A. Pascarella; (206)AlTerek S. Patterson; (207)Luis O. Peña, Jr.; (208)Corey Pendergrass; (209)Nelson Perdomo; (210)Ricardo Perez-Ortiz; (211)Alexander R. Pettiway, Jr.; (212)Jason K. Phan; (213)Sypraseuth Phouangphrachanh; (214)Dylan S. Pickle; (215)Kietrell M. Pitts; (216)Jack V. Polimeni; (217)Harold L. Preston; (218)Dale T. Provins, Jr.; (219)Nancy Puca; (220)Charles O. Pugh II; (221)Justin R. Putnam; (222)Allan F. Ray; (223)Stephen L. Raymond; (224)Aldemar Rengifo, Jr.; (225)Nicholas L. Reyna; (226)John A. Rhoden;(227)M. Wayne Rhodes; (228)Donna M. Richardson-Below; (229)Richard Rios; (230)Sheila J. Rivera; (231)George B. Robare; (232)Charles E. Roberts III; (233)Oscar W. Rocha;(234)Rodrick L. Rodgers; (235)Mayra M. Rodríguez-Burgado;(236)Robert W. Rogers; (237)Mark J. Romutis; (238)Enrique J. Rositas, Jr.; (239)LaKiya L. Rouse;(240)Caleb D. Rule; (241)Alex Ruperto; (242)Nolan J. Sanders; (243)Jose A. Santana; (244)Lucas G. Saucedo, Jr.; (245)Dean M. Savard;(246)Jeffrey A. Scalf; (247)Justin R. Schaffer; (248)David L. Schmidt; (249)Raymond J. Scholwinski;(250)Francesco S. Scorpo; (251)Brent W. P. Scrimshire; (252)Robert W. Sealock; (253)Bryant Searcy; (254)Jeffery W. Sewell; (255)Jonathan P. Shoop; (256)Jason N. Shuping; (257)James M. Skernivitz; (258)Christopher A. Smith; (259)Jeremy D. Smith; (260)Patrick D. Snook; (261)John D. Songy; (262)Joseph Spinosa;(263)Steven Splan; (264)Caleb H. Starr; (265)Philip E. Street; (266)Donald K. Sumner; (267)Robert C. Sunukjian; (268)Jarid D. Taylor; (269)Kenterrous D. Taylor; (270)Oscar J. Temores; (271)Marcus Thomas; (272)Virgil L. Thomas; (273)Katherine M. Thyne; (274)Kevin P. Trahan; (275)Richard C. Treadwell; (276)Marvin W. Trejo;(277)Johnny R. Tunches; (278)Herschel R. Turner, Jr.; (279)Eric J. Twisdale; (280)Brendan P. Unitt; (281)Randy M. Vallot; (282)Gary L. Walker; (283)James Walker, Jr.; (284)Travis C. Wallace; (285)Christopher R. Walsh; (286)Daniel G. Walters; (287)Lowery Ware, Sr.; (288)Marshall L. Waters, Jr.; (289)Allan J. Weber; (290)Lee R. Weber; (291)James W. Weston, Jr.; (292)Anthony L. White; (293)Sheldon G. Whiteman; (294)Richard E. Whitten; (295)Kelvin D. Wilcher; (296)Charlie Williams, Jr.; (297)Keith D. Williams, Sr.; (298)Sharon M. Williams; (299)Stephen P. Williams; (300)Dwight E. Willis; (301)Jackson R. Winkeler; (302)Richard A. Wright; (303)Ching K. Yan; (304)Sheena D. Yarbrough-Powell; (305)Terrell D. Young; and (306)Joseph M. Youse; andWhereas, since the beginning of 2021, 119 law enforcement officers from across the United States have made the ultimate sacrifice: Now, therefore, be itThat the Senate—(1)designates the week of May 9 through May 15, 2021, as National Police Week;(2)expresses strong support for law enforcement officers across the United States in the efforts that those officers undertake to build safer and more secure communities;(3)recognizes the need to ensure that law enforcement officers have the equipment, training, and resources necessary to protect the health and safety of the officers and the public they serve;(4)recognizes the law enforcement community for the continual selfless acts of sacrifice and bravery carried out by the members of that community;(5)recognizes that, even through a pandemic and at the cost of their own lives, law enforcement officers continue to show up and serve their neighborhoods and communities;(6)acknowledges that police officers and other law enforcement personnel, especially those who have made the ultimate sacrifice, should be remembered and honored;(7)expresses condolences to the loved ones of each law enforcement officer who has made the ultimate sacrifice in the line of duty; and(8)encourages the people of the United States to observe National Police Week with appropriate ceremonies and activities that promote awareness of the vital role that law enforcement officers perform in service to the United States and the communities in which those officers serve.


113 S2614 ES: To amend certain provisions of the FAA Modernization and Reform Act of 2012.
U.S. Senate

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

113th CONGRESS2d SessionS. 2614IN THE SENATE OF THE UNITED STATESAN ACTTo amend certain provisions of the FAA Modernization and Reform Act of 2012.1.Rollover of amounts received
			 in airline carrier bankruptcy(a)Extension of
			 time To file claim for refundSection 1106(a)(3) of the FAA Modernization
			 and Reform Act of 2012 (26 U.S.C. 408 note) is amended by striking
			 2013 and inserting 2015.(b)Definitions and
			 special rulesSection 1106(c) of such Act is amended—(1)in paragraph
			 (1)(A)(i), by inserting or filed on November 29, 2011, after
			 2007,; and(2)in paragraph
			 (2)(B)—(A)by striking
			 terminated or and inserting terminated,;
			 and(B)by inserting
			 , or was frozen effective November 1, 2012 after Pension
			 Protection Act of 2006.Passed the Senate December 10, 2014.Secretary


117 S123 IS: Born-Alive Abortion Survivors Protection Act
U.S. Senate
2021-01-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 123IN THE SENATE OF THE UNITED STATESJanuary 28, 2021Mr. Sasse (for himself, Mr. Barrasso, Mrs. Blackburn, Mr. Blunt, Mr. Boozman, Mr. Braun, Mr. Burr, Mr. Cassidy, Mr. Cornyn, Mr. Cotton, Mr. Cramer, Mr. Crapo, Mr. Cruz, Mr. Daines, Ms. Ernst, Mrs. Fischer, Mr. Graham, Mr. Grassley, Mr. Hagerty, Mr. Hawley, Mr. Hoeven, Mrs. Hyde-Smith, Mr. Inhofe, Mr. Johnson, Mr. Kennedy, Mr. Lankford, Mr. Lee, Ms. Lummis, Mr. Marshall, Mr. McConnell, Mr. Moran, Mr. Paul, Mr. Portman, Mr. Risch, Mr. Rounds, Mr. Romney, Mr. Rubio, Mr. Scott of Florida, Mr. Scott of South Carolina, Mr. Shelby, Mr. Sullivan, Mr. Thune, Mr. Tillis, Mr. Toomey, Mr. Wicker, and Mr. Young) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.1.Short titleThis Act may be cited as the Born-Alive Abortion Survivors Protection Act.2.FindingsCongress finds the following:(1)If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of the United States, and entitled to all the protections of such laws.(2)Any infant born alive after an abortion or within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care.3.Born-alive infants protection(a)Requirements pertaining to born-Alive abortion survivorsChapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following:1532.Requirements pertaining to born-alive abortion survivors(a)Requirements for health care practitionersIn the case of an abortion or attempted abortion that results in a child born alive:(1)Degree of care required; immediate admission to a hospitalAny health care practitioner present at the time the child is born alive shall—(A)exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age; and(B)following the exercise of skill, care, and diligence required under subparagraph (A), ensure that the child born alive is immediately transported and admitted to a hospital.(2)Mandatory reporting of violationsA health care practitioner or any employee of a hospital, a physician’s office, or an abortion clinic who has knowledge of a failure to comply with the requirements of paragraph (1) shall immediately report the failure to an appropriate State or Federal law enforcement agency, or to both.(b)Penalties(1)In generalWhoever violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both.(2)Intentional killing of child born aliveWhoever intentionally performs or attempts to perform an overt act that kills a child born alive described under subsection (a), shall be punished as under section 1111 of this title for intentionally killing or attempting to kill a human being.(c)Bar to prosecutionThe mother of a child born alive described under subsection (a) may not be prosecuted for a violation of this section, an attempt to violate this section, a conspiracy to violate this section, or an offense under section 3 or 4 of this title based on such a violation.(d)Civil remedies(1)Civil action by a woman on whom an abortion is performedIf a child is born alive and there is a violation of subsection (a), the woman upon whom the abortion was performed or attempted may, in a civil action against any person who committed the violation, obtain appropriate relief.(2)Appropriate reliefAppropriate relief in a civil action under this subsection includes—(A)objectively verifiable money damage for all injuries, psychological and physical, occasioned by the violation of subsection (a);(B)statutory damages equal to 3 times the cost of the abortion or attempted abortion; and(C)punitive damages.(3)Attorney’s fee for plaintiffThe court shall award a reasonable attorney’s fee to a prevailing plaintiff in a civil action under this subsection.(4)Attorney’s fee for defendantIf a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff.(e)DefinitionsIn this section the following definitions apply:(1)AbortionThe term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device—(A)to intentionally kill the unborn child of a woman known to be pregnant; or(B)to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than—(i)after viability, to produce a live birth and preserve the life and health of the child born alive; or(ii)to remove a dead unborn child.(2)AttemptThe term attempt, with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.(3)Born aliveThe term born alive has the meaning given that term in section 8 of title 1, United States Code (commonly known as the Born-Alive Infants Protection Act)..(b)Conforming amendments(1)The table of sections for chapter 74 of title 18, United States Code, is amended by adding at the end the following:1532. Requirements pertaining to born-alive abortion survivors..(2)The chapter heading for chapter 74 of title 18, United States Code, is amended by striking Partial-Birth Abortions and inserting Abortions.(3)The table of chapters for part I of title 18, United States Code, is amended by striking the item relating to chapter 74 and inserting the following:74.Abortion1531.4.Effective dateThis Act shall take effect one day after the date of enactment.


116 HR 4615 IH: Stop College Closures Act of 2019
U.S. House of Representatives
2019-10-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4615IN THE HOUSE OF REPRESENTATIVESOctober 4, 2019Ms. Shalala (for herself, Mr. King of New York, Mr. Casten of Illinois, Mr. Fitzpatrick, Mr. Moulton, and Ms. Ocasio-Cortez) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Higher Education Act of 1965 to require an institution of higher education to submit a
			 teach-out plan under certain circumstances, and for other purposes.

 1.Short titleThis Act may be cited as the Stop College Closures Act of 2019. 2.Requirements for accrediting agency recognition Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b) is amended—
 (1)in subsection (c)— (A)in paragraph (2), by inserting before the semicolon at the end the following: or decline;
 (B)by amending paragraph (3) to read as follows:  (3)requires an institution to submit for approval to the accrediting agency or association a teach-out plan upon the occurrence of any of the following events—
 (A)the Secretary notifies the agency or association that the Secretary has determined under section 498(c) that the institution does not have the financial responsibility required by this title;
 (B)the Secretary notifies the agency of a determination by the institution’s independent auditor expressing doubt with the institution’s ability to operate as a going concern or indicating an adverse opinion or finding of material weakness related to financial stability, except that this subparagraph shall not apply with respect to a public institution;
 (C)the agency or association acts to place an institution on probation, show cause, or equivalent status; or
 (D)the Secretary notifies the agency that the institution is participating in title IV under a provisional program participation agreement;;
 (C)by amending paragraph (6) to read as follows:  (6)requires that teach-out agreements among institutions are subject to approval by the accrediting agency or association consistent with standards promulgated by such agency or association, and that such an agreement shall be required and subject to such approval upon the occurrence of any of the following events:
 (A)the Secretary notifies the agency or association that— (i)the Secretary has placed the institution on the reimbursement payment method pursuant to section 487(c)(1)(B); and
 (ii)the institution fails to meet criteria prescribed by the Secretary regarding ratios that demonstrate financial responsibility as described in section 498(c)(2);
 (B)the Secretary notifies the accrediting agency or association that the Secretary has initiated— (i)an emergency action against the institution pursuant to section 487(c)(1)(G); or
 (ii)an action under section 487(c)(1)(F) to limit, suspend, or terminate the participation of the institution in any program under this title;
 (C)the accrediting agency or association acts to withdraw, terminate, or suspend the accreditation of the institution;
 (D)the institution notifies the accrediting agency or association that the institution intends to cease operations;
 (E)the institution notifies the accrediting agency or association that the institution intends to close a location that provides one hundred percent of at least one program; or
 (F)pursuant to section 495, the State notifies the accrediting agency or association that an institution’s license or legal authorization to operate within the State has been or will be revoked;;
 (D)in paragraph (8), by striking and at the end; (E)in paragraph (9)(B), by striking the period at the end and inserting ; and; and
 (F)by adding at the end the following:  (10)responds to complaints received with respect to an institution during the period during which the accrediting agency or association accredits such institution not later than 30 days after receiving the complaint (including complaints shared with the agency or association by the Secretary or a State agency under section 495), monitors and assesses an institution’s record of student complaints during such period, and submits such complaints to the Secretary and to the State agency involved..


94 HR 5020 IH: Get Toxic Substances Out of Schools Act of 2021
U.S. House of Representatives
2021-08-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 5020IN THE HOUSE OF REPRESENTATIVESAugust 13, 2021Mr. Levin of Michigan (for himself and Mr. Bowman) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Toxic Substances Control Act to authorize grants for toxic substances remediation in schools, to reauthorize healthy high-performance schools, and for other purposes.1.Short titleThis Act may be cited as the Get Toxic Substances Out of Schools Act of 2021.2.Grants for toxic substances remediation in schools(a)In generalSection 28 of the Toxic Substances Control Act (15 U.S.C. 2627) is amended—(1)in the section heading, by inserting and Tribal after State;(2)in subsection (a)—(A)by striking the subsection heading and inserting Grants for State and Tribal programs.—;(B)in the first sentence—(i)by inserting and Indian Tribes after grants to States; and(ii)by inserting during the 24-month period beginning on the date on which the grant is made after elimination; and(C)in the second sentence, by inserting or Tribal after State;(3)in subsection (b)(1)—(A)by striking subsection (a) each place it appears and inserting subsection (b) or (d); and(B)in subparagraph (B), by inserting or Indian Tribe after State;(4)by redesignating subsections (a) and (b) as subsections (b) and (c), respectively;(5)by inserting before subsection (b) (as so redesignated) the following:(a)Definition of Indian TribeIn this section, the term Indian Tribe means any Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village.; and(6)by adding at the end the following:(d)Grants for toxic substances remediation in schools(1)DefinitionsIn this subsection:(A)Early childhood education programThe term early childhood education program has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).(B)Eligible child care providerThe term eligible child care provider means a center-based child care provider described in section 658P(6)(A) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n(6)(A)).(C)Eligible facilityThe term eligible facility means—(i)a public school facility operated by a local educational agency;(ii)a facility operated by an early childhood education program; and(iii)a center-based child care facility operated by an eligible child care provider.(D)Environmental concern(i)In generalThe term environmental concern means environmental problems, contaminants, hazardous substances, and pollutant emissions, as described in section 504(a)(3)(A).(ii)InclusionThe term environmental concern includes poor indoor air quality.(E)Local educational agency; State educational agencyThe terms local educational agency and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).(2)Authorization of grants(A)In generalWithout regard to the ability or likelihood of the Administrator to take action under any other provision of this Act as described in subsection (b), the Administrator, in consultation with the Secretary of Education and the Secretary of Health and Human Services and in partnership with the Secretary of Labor with respect to the enforcement of applicable labor standards, may provide grants in accordance with this subsection to States and Indian Tribes for the purpose of identifying, preventing, or eliminating risks associated with the presence of a chemical substance or mixture in eligible facilities.(B)Use of grantsA State or Indian Tribe that receives a grant under this subsection shall use the grant funds directly, or provide the grant funds to a local educational agency, for use in—(i)performing inspections, testing, and monitoring for environmental concerns in eligible facilities, including high-hazard chemical products stored or used in the facilities for maintenance or instruction; and(ii)carrying out remediation measures in the eligible facilities, including removal and disposal of environmental concerns and high-hazard chemical products described in clause (i), and improving indoor air quality.(C)National guidanceThe Administrator shall allocate and award grant funds under this subsection to States and Indian Tribes based on national guidance, which the Administrator shall issue.(D)Administrative reservation(i)In generalSubject to clause (ii), the Administrator may reserve not more than 4 percent of the amounts made available for grants under this subsection to provide administrative support for the grants and technical assistance to States and Indian Tribes.(ii)Higher percentageIf the amounts made available to provide grants under this subsection are less than $500,000,000, then the Administrator may reserve more than 4 percent of those amounts to provide administrative support for grants and technical assistance to States and Indian Tribes, as determined necessary by the Administrator.(E)Distribution of grant amounts(i)Geographical distributionTo the extent practicable, the Administrator shall ensure that amounts are distributed under this subsection to geographically diverse locations.(ii)High-poverty schoolsThe Administrator shall take measures to ensure that not less than 50 percent of the amounts distributed under this subsection are used to benefit local educational agencies, early childhood education programs, and eligible child care providers with the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).(iii)Tribal set-asideOf the amount made available to provide grants under this subsection for a fiscal year, the Administrator shall reserve 3 percent for purposes of awarding grants under this subsection, in consultation with the Director of the Bureau of Indian Education, to Indian Tribes for use at tribally operated schools.(3)State plansAs part of an application to receive a grant under this subsection, a State shall include a description of the means by which the State plans—(A)to ensure coordinated programmatic and funding efforts across relevant State-level agencies, including State educational agencies and other agencies with expertise in environment, health, and energy; (B)to use the grant funds for the remediation of any toxic substances in—(i)eligible facilities; and(ii)if applicable, educational facilities where juveniles are incarcerated or live as wards of the State;(C)to ensure the health and safety of students and staff during the renovation or modernization of eligible facilities; and(D)to give priority to using the grant funds to improve—(i)eligible facilities of local educational agencies, early childhood education programs, and eligible child care providers with—(I)the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)) in each State; or(II)if applicable, majority Indigenous students; and(ii)eligible facilities that are in areas—(I)adjacent to brownfield sites (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)); or(II)with poor outdoor air quality.(4)Project labor agreements(A)Definition of project labor agreementIn this paragraph, the term project labor agreement means a pre-hire collective bargaining agreement with 1 or more labor organizations that—(i)establishes the terms and conditions of employment for a specific construction project; and (ii)is an agreement described in section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)).(B)RequirementA contractor or subcontractor engaging in a construction or remediation project assisted in whole or in part with a grant provided to a State under this subsection and the total cost of which is not less than $25,000,000 shall negotiate or become a party to a project labor agreement for that project with 1 or more labor organizations.(5)Wage rate requirements(A)In generalNotwithstanding any other provision of law, all laborers and mechanics employed by contractors and subcontractors on projects funded in whole or in part by a grant provided to a State under this subsection shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act).(B)AuthorityWith respect to the labor standards specified in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.(6)Occupational health and safetyAny work performed using a grant provided to a State under this subsection shall be governed by a written job-specific abatement plan—(A)containing provisions relating to—(i)environmental compliance;(ii)a health and safety plan; and(iii)health and safety training requirements; and(B)that is stamped by a certified industrial hygienist or similar accredited occupational health and safety professional. (7)Use of American iron, steel, and manufactured products(A)DefinitionsIn this paragraph:(i)Manufactured productThe term manufactured product means any construction material or end product (as those terms are defined in part 25.003 of the Federal Acquisition Regulation) that is not an iron or steel product, including—(I)electrical components; and(II)non-ferrous building materials, including aluminum, polyvinylchloride, glass, fiber optics, plastic, wood, masonry, rubber, manufactured stone, any other non-ferrous metals, and any unmanufactured construction material. (ii)Produced in the United StatesThe term produced in the United States means the following:(I)When used with respect to a manufactured product, the product was manufactured in the United States and the cost of the components of that product that were mined, produced, or manufactured in the United States exceeds 60 percent of the total cost of all components of the product.(II)When used with respect to iron or steel products, or an individual component of a manufactured product, all manufacturing processes for those iron or steel products or components, from the initial melting stage through the application of coatings, occurred in the United States, except that the term does not include—(aa)steel or iron material or products manufactured abroad from semi-finished steel or iron from the United States; or(bb)steel or iron material or products manufactured in the United States from semi-finished steel or iron of foreign origin.(B)RequirementsA State that receives funds under this subsection shall ensure that any iron, steel, and manufactured products used in a project carried out with those funds by a State or local educational agency are produced in the United States.(C)Waiver authority(i)In generalThe Administrator may waive the requirement under subparagraph (B) if the Administrator determines that—(I)applying the requirement would be inconsistent with the public interest;(II)iron, steel, and manufactured products produced in the United States are not produced in a sufficient and reasonably available quantity or are not of a satisfactory quality; or(III)using iron, steel, and manufactured products produced in the United States will increase the cost of the applicable overall project by more than 25 percent.(ii)PublicationBefore issuing a waiver under clause (i), the Administrator shall publish in the Federal Register a detailed written explanation of the waiver determination.(D)Consistency with international agreementsThis paragraph shall be applied in a manner consistent with the obligations of the United States under international agreements.(8)Workforce development(A)DefinitionsIn this paragraph:(i)Apprenticeship utilization requirementThe term apprenticeship utilization requirement means the use of qualified apprentices in accordance with the following:(I)In the case of a project advertised for bid during the period beginning on October 1, 2021, and ending on September 30, 2022, all specifications shall require that not less than 10 percent of the labor hours be performed by qualified apprentices.(II)In the case of a project advertised for bid during the period beginning on October 1, 2022, and ending on September 30, 2023, all specifications shall require that not less than 12 percent of the labor hours be performed by qualified apprentices. (III)In the case of a project advertised for bid on or after October 1, 2023, all specifications shall require that not less than 15 percent of the labor hours be performed by qualified apprentices. (ii)ContractorThe term contractor means a general contractor or other lead or prime contractor on a construction project carried out using a grant under this subsection.(iii)Labor hours(I)In generalThe term labor hours means the total number of hours devoted to the performance of construction activities (as defined in sector 23 of the North American Industry Classification System) with respect to a construction project carried out using a grant under this subsection by employees of the contractor and subcontractors.(II)ExclusionsThe term labor hours excludes hours worked by a foreman, superintendent, owner, or other person who is—(aa)an employee employed in a bona fide executive capacity (as defined in section 541.100 of title 29, Code of Federal Regulations (as in effect on the date of enactment of this subsection));(bb)an employee employed in a bona fide administrative capacity (as defined in section 541.200 of that title); or(cc)an employee employed in a bona fide professional capacity (as defined in section 541.300 of that title).(iv)Qualified apprenticeThe term qualified apprentice means an employee participating in a registered apprenticeship program (as defined under the Act of August 16, 1937 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) (commonly known as the National Apprenticeship Act)), that meets the standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations (or successor regulations). (v)SubcontractorThe term subcontractor means any person or company, at any tier, that performs some or all of the obligations of the contractor.(B)RequirementEach contractor and subcontractor engaged in the performance of construction, alteration, or repair work on a project funded in whole or in part by a grant under this subsection shall, collectively, meet or exceed the apprenticeship utilization requirement applicable to the project, subject to the condition that the apprenticeship utilization requirement shall comply with the apprentice to journeyworker ratios established by the Secretary of Labor or the applicable State apprenticeship agency.(C)ParticipationEach contractor and subcontractor who employs 4 or more workers to perform construction activities (as defined in sector 23 of the North American Industry Classification System) on a project funded in whole or in part by a grant under this subsection shall employ 1 or more qualified apprentices for the purpose of meeting the apprenticeship utilization requirement applicable to that project.(D)Waivers(i)In generalThe Secretary of Labor, in consultation with the Administrator, may, on request of a State that receives a grant under this subsection, waive or adjust any requirements of subparagraphs (B) and (C) for a specific project, if the State provides documentary evidence of—(I)a demonstrated lack of availability of qualified apprentices in the applicable geographic area in which the project is carried out; and(II)a good faith effort on the part of the State and the contractor and subcontractors carrying out the project to comply with the requirements.(ii)DisclosureA waiver or an adjustment under clause (i) and the rationale of the Administrator for granting the waiver or adjustment—(I)shall be publicly available; and (II)shall not be exempt from disclosure under section 552(b) of title 5, United States Code. (E)Reporting(i)Information relating to qualified apprentices(I)In generalDuring the period in which a project carried out using a grant under this subsection is ongoing, the contractor shall include with each payment application to the State a report containing a description of—(aa)the name and apprentice registration or identification number of each qualified apprentice employed on the project;(bb)the number of qualified apprentices and labor hours worked by those qualified apprentices on the project, categorized by trade or craft; and(cc)the number of journey level workers and labor hours worked by those journey level workers on the project, categorized by trade or craft.(II)Submission to Secretary of Labor and AdministratorEach report described in subclause (I) shall be submitted to the Secretary of Labor and the Administrator at such time and in such manner as the Secretary of Labor or the Administrator may prescribe by guidance.(ii)Maintenance of reports and recordsA State that receives a grant under this subsection and each contractor and subcontractor carrying out a project using the grant shall maintain all reports and personnel records relating to the requirements of this paragraph for a period of at least 3 years after final completion of the work for the project.(iii)Submission to Administrator(I)In generalA State that receives a grant under this subsection and each contractor and subcontractor carrying out a project using the grant shall immediately submit, on request of the Administrator, any information, report, or record described in clauses (i) and (ii).(II)EnforcementIf the Administrator determines that a State, contractor, or subcontractor has failed to submit any information, report, or record under subclause (I), the State shall repay to the Administrator the amount of the applicable grant under this subsection.(F)PreemptionNothing in this paragraph preempts any applicable State or local law or policy that provides for additional skilled and trained workforce requirements on construction projects.(9)Federal share(A)In generalSubject to subparagraph (B), the Federal share of the cost of activities funded by a grant under this subsection shall be not more than 75 percent of the total project costs during the period for which the grant is made.(B)WaiverThe Administrator may increase the Federal share under subparagraph (A) to not more than 100 percent if the Administrator determines that a recipient of the grant funds is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.(10)Eligibility for performance partnership grantsFunds awarded under this subsection may be included in a performance partnership grant in lieu of a grant under this subsection, as the Administrator determines to be appropriate.(11)Grantee data collection and reportingA State or Indian Tribe that receives a grant under this subsection shall submit to the Administrator an annual report describing—(A)the amount of the grant funds that were used for the activities described in clauses (i) and (ii) of paragraph (2)(B) during the previous year; (B)the amount of the grant funds that were used for projects at high-poverty schools; and (C)any inspections, testing, and monitoring performed, and remediation measures carried out, during the previous year using the grant, including the number of schools and the number of students that were directly served. (12)Reports(A)In generalNot later than 2 years after the date of enactment of this subsection, and every 2 years thereafter, the Administrator shall—(i)prepare a report, based on data submitted to the Administrator under paragraph (11), describing the results of the grant program under this subsection, including a description of—(I)the States and Indian Tribes that were awarded a grant under this subsection; and(II)the activities for which the States and Indian Tribes described in subclause (I) used the grant;(ii)submit the report to—(I)the Committee on Environment and Public Works of the Senate;(II)the Committee on Health, Education, Labor, and Pensions of the Senate;(III)the Committee on Energy and Commerce of the House of Representatives; and (IV)the Committee on Education and Labor of the House of Representatives; and(iii)make the report publicly available on the website of the Environmental Protection Agency in each major language spoken in each school district that has benefitted from grant funding under this subsection.(B)Period coveredA report prepared under subparagraph (A) shall cover—(i)in the case of the initial report, the period beginning on the date of enactment of this subsection and ending on the date of submission of the report; and(ii)in the case of each report thereafter, the 2-year period preceding the date of submission of the report.(13)Savings clauseThe ability of an Indian Tribe to receive a grant under this subsection does not limit or affect the authority of the Administrator under this title to establish other opportunities for Indian Tribes to apply for and receive program authorization or funding.(14)Authorization of appropriationsThere is authorized to be appropriated to carry out this subsection $5,200,000,000 for each of fiscal years 2022 through 2032..(b)Clerical amendmentThe table of contents for the Toxic Substances Control Act (Public Law 94–469; 90 Stat. 2003) is amended by striking the item relating to section 28 and inserting the following:Sec. 28. State and Tribal programs..3.Reauthorization of healthy high-performance schools(a)Grants for healthy school environmentsSection 501 of the Toxic Substances Control Act (15 U.S.C. 2695) is amended to read as follows:501.Grants for healthy school environments(a)DefinitionsIn this section:(1)Early childhood education programThe term early childhood education program has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).(2)Eligible child care providerThe term eligible child care provider means a center-based child care provider described in section 658P(6)(A) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n(6)(A)).(3)Eligible facilityThe term eligible facility means—(A)a public school facility operated by a local educational agency;(B)a facility operated by an early childhood education program; and(C)a center-based child care facility operated by an eligible child care provider.(4)Environmental concern(A)In generalThe term environmental concern means environmental problems, contaminants, hazardous substances, and pollutant emissions, as described in section 504(a)(3)(A).(B)InclusionThe term environmental concern includes poor indoor air quality.(5)Indian TribeThe term Indian Tribe has the meaning given the term in section 28(a).(6)Local educational agencyThe term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).(b)Authorization of grantsThe Administrator, in consultation with the Secretary of Education and the Secretary of Health and Human Services, may provide grants to States and Indian Tribes for use in—(1)providing technical assistance to local educational agencies, early childhood education programs, and eligible child care providers in addressing environmental concerns in eligible facilities; and(2)the development of State and Tribal programs to support the remediation of toxic substances in eligible facilities that include—(A)standards for the planning, design, construction, management, and renovation of the eligible facilities;(B)the identification of—(i)ongoing environmental problems, including environmental concerns, in the eligible facilities; and (ii)recommended solutions to address those problems, including assessment of information on the exposure of children to environmental hazards in eligible facilities; and(C)the development of State-level or Tribal interagency memoranda of understanding for the implementation of programs described in this paragraph.(c)Savings clauseThe ability of an Indian Tribe to receive a grant under this section does not limit or affect the authority of the Administrator under this title to establish other opportunities for Indian Tribes to apply for and receive program authorization or funding..(b)Public outreachSection 503 of the Toxic Substances Control Act (15 U.S.C. 2695b) is amended—(1)in subsection (a), by striking , until the expiration of authority described in section 501(b); and(2)by adding at the end the following:(c)Outreach to States and Indian Tribes(1)DefinitionsIn this section, the terms eligible facility, environmental concern, and Indian Tribe have the meanings given those terms in section 501(a).(2)OutreachThe Administrator shall—(A)carry out periodic outreach to States and Indian Tribes to make available information relating to—(i)the exposure of children to environmental hazards in eligible facilities;(ii)regulations and guidelines applicable to identifying, remediating, and monitoring environmental hazards in eligible facilities; and (iii)other materials that may assist States and Indian Tribes in addressing environmental concerns, including high-hazard chemical products stored or used by eligible facilities for maintenance or instruction; and(B)facilitate the biannual convening at the regional or national level of school stakeholders, including parents, child health experts, researchers, nonprofit organizations, child care providers, States, and Indian Tribes that receive grants under sections 28(d) and 501 to meet with employees of the Environmental Protection Agency and other Federal agencies to discuss topics relating to—(i)the environmental health of children at eligible facilities; and (ii)the prevention, identification, remediation, and monitoring of contaminants in indoor air and other environmental health risks and threats relating to buildings and grounds of eligible facilities..(c)Environmental health programSection 504 of the Toxic Substances Control Act (15 U.S.C. 2695c) is amended—(1)in subsection (a)—(A)in the matter preceding paragraph (1), by inserting and not less frequently than once every 10 years thereafter, after section,;(B)in paragraph (3)(A)—(i)by redesignating clauses (v) through (vii) as clauses (vii) through (ix), respectively; and(ii)by inserting after clause (iv) the following:(v)polychlorinated biphenyls;(vi)perfluoroalkyl and polyfluoroalkyl substances;;(C)in paragraph (6), by striking and at the end;(D)in paragraph (7), by striking the period at the end and inserting a semicolon; and(E)by adding at the end the following:(8)provides technical assistance on best practices for the removal, remediation, and disposal of lead, asbestos, polychlorinated biphenyls, and other hazardous substances; and(9)collects an inventory of schools affected by lead, asbestos, polychlorinated biphenyls, and other hazardous substances.; and(2)by striking subsection (b) and inserting the following:(b)Public availability of informationTo the maximum extent practicable, based on data submitted to the Administrator under section 28(d)(11) and any additional data reported under section 503(a), the Administrator shall make publicly available—(1)information relating to the exposure of children to environmental hazards in school facilities, including relating to indoor air quality; and(2)an inventory of schools in which hazardous substances have been found, particularly hazardous substances with the highest prevalence and harm, such as lead, asbestos, and polychlorinated biphenyls..(d)Authorization of appropriationsSection 505 of the Toxic Substances Control Act (15 U.S.C. 2695d) is amended by striking There are authorized and all that follows through 2013 and inserting There is authorized to be appropriated to carry out this title $10,000,000 for each of fiscal years 2022 through 2032.


		II
		112th CONGRESS
		2d Session
		S. 3349
		IN THE SENATE OF THE UNITED STATES

			June 27, 2012
			Mr. Reed introduced the
			 following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To amend title 38, United States Code, and the United
		  States Housing Act of 1937 to enhance and expand the assistance provided by the
		  Department of Veterans Affairs and the Department of Housing and Urban
		  Development to homeless veterans and veterans at risk of homelessness, and for
		  other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Zero Tolerance for Veterans
			 Homelessness Act of 2012.
		2.FindingsCongress makes the following
			 findings:
			(1)Veterans are at a
			 greater risk of becoming homeless than other people in the United States
			 because of characteristics that include the following:
				(A)Having
			 employment-related skills that are unique to military service and that can be
			 difficult to transfer to the civilian sector.
				(B)Combat-related
			 health issues.
				(C)Earning minimal
			 income or being unemployed.
				(D)A shortage of
			 safe, affordable housing.
				(2)The Secretary of
			 Veterans Affairs estimates the following:
				(A)More than 67,000
			 veterans are homeless on any given night.
				(B)About 145,000
			 veterans experience homelessness each year.
				(C)Veterans account
			 for nearly 1/5 of all homeless people in the United
			 States.
				(3)It is expected
			 that significant increases in services will be needed to serve the aging
			 veterans of the Vietnam War and members of the Armed Forces returning from
			 service in Iraq and Afghanistan.
			(4)In 2009, the
			 President and the Secretary of Veterans Affairs announced the Federal
			 Government’s renewed efforts to address veteran homelessness.
			3.Enhancement of
			 comprehensive service programs
			(a)Enhancement of
			 grantsSection 2011 of title 38, United States Code, is
			 amended—
				(1)in subsection
			 (b)(1)(A), by striking expansion, remodeling, or alteration of existing
			 buildings, or acquisition of facilities, and inserting new
			 construction of facilities, expansion, remodeling, or alteration of existing
			 facilities, or acquisition of facilities,; and
				(2)in subsection
			 (c)—
					(A)in the first
			 sentence, by striking A grant and inserting (1) A
			 grant;
					(B)in the second
			 sentence of paragraph (1), as designated by subparagraph (A), by striking
			 The amount and inserting the following:

							(2)The
				amount
							;
				and
					(C)by adding at the
			 end the following new paragraph:

							(3)(A)The Secretary may not
				deny an application from an entity that seeks a grant under this section to
				carry out a project described in subsection (b)(1)(A) solely on the basis that
				the entity proposes to use funding from other private or public sources, if the
				entity demonstrates that a private nonprofit organization will provide
				oversight and site control for the project.
								(B)In this paragraph, the term
				private nonprofit organization means the following:
									(i)An incorporated private institution,
				organization, or foundation—
										(I)that has received, or has temporary
				clearance to receive, tax-exempt status under paragraph (2), (3), or (19) of
				section 501(c) of the Internal Revenue Code of 1986;
										(II)for which no part of the net
				earnings of the institution, organization, or foundation inures to the benefit
				of any member, founder, or contributor of the institution, organization, or
				foundation; and
										(III)that the Secretary determines is
				financially responsible.
										(ii)A for-profit limited partnership or
				limited liability company, the sole general partner or manager of which is an
				organization that is described by subclauses (I) through (III) of clause
				(i).
									(iii)A corporation wholly owned and
				controlled by an organization that is described by subclauses (I) through (III)
				of clause
				(i).
									.
					(b)Grant and per
			 diem payments
				(1)Study and
			 development of fiscal controls and payment methodNot later than
			 1 year after the date of the enactment of this Act, the Secretary of Veterans
			 Affairs shall—
					(A)complete a study
			 of all matters relating to the method used by the Secretary to make per diem
			 payments under section 2012(a) of title 38, United States Code, including
			 changes anticipated by the Secretary in the cost of furnishing services to
			 homeless veterans and accounting for costs of providing such services in
			 various geographic areas;
					(B)develop more
			 effective and efficient procedures for fiscal control and fund accounting by
			 recipients of grants under sections 2011, 2012, and 2061 of such title;
			 and
					(C)develop a more
			 effective and efficient method for adequately reimbursing recipients of grants
			 under section 2011 of such title for services furnished to homeless
			 veterans.
					(2)ConsiderationIn
			 developing the method required by paragraph (1)(C), the Secretary may consider
			 payments and grants received by recipients of grants described in such
			 paragraph from other departments and agencies of Federal and local governments
			 and from private entities.
				(3)ReportNot
			 later than 1 year after the date of the enactment of this Act, the Secretary
			 shall submit to Congress a report on—
					(A)the findings of
			 the Secretary with respect to the study required by subparagraph (A) of
			 paragraph (1);
					(B)the methods
			 developed under subparagraphs (B) and (C) of such paragraph; and
					(C)any
			 recommendations of the Secretary for revising the method described in
			 subparagraph (A) of such paragraph and any legislative action the Secretary
			 considers necessary to implement such method.
					4.Special
			 Assistant for Veterans Affairs in Office of Secretary of Housing and Urban
			 DevelopmentSection 4 of the
			 Department of Housing and Urban Development Act (42 U.S.C. 3533) is amended by
			 adding at the end the following new subsection:

				(h)Special
				Assistant for Veterans Affairs
					(1)EstablishmentThere
				shall be in the Department a Special Assistant for Veterans Affairs, who shall
				be in the Office of the Secretary.
					(2)AppointmentThe
				Special Assistant for Veterans Affairs shall be appointed by the Secretary,
				based solely on merit and shall be covered under the provisions of title 5,
				United States Code, governing appointments in the competitive service.
					(3)ResponsibilitiesThe
				Special Assistant for Veterans Affairs shall be responsible for—
						(A)ensuring that
				veterans have access to housing and homeless assistance under each program of
				the Department providing such assistance;
						(B)coordinating all
				programs and activities of the Department relating to veterans;
						(C)serving as a
				liaison for the Department with the Department of Veterans Affairs; and
						(D)carrying out such
				other duties as may be assigned to the Special Assistant by the Secretary or by
				law.
						.
		5.Plan to end
			 veteran homelessness
			(a)In
			 generalNot later than one year after the date of the enactment
			 of this Act, the Secretary of Veterans Affairs shall submit to Congress a
			 comprehensive plan to end homelessness among veterans.
			(b)ElementsThe
			 plan required by subsection (a) shall include the following:
				(1)An analysis of
			 programs of the Department of Veterans Affairs and other departments and
			 agencies of the Federal Government that are designed to prevent homelessness
			 among veterans and assist veterans who are homeless.
				(2)An evaluation of
			 whether and how coordination between the programs described in paragraph (1)
			 would contribute to ending homelessness among veterans.
				(3)Recommendations
			 for improving the programs described in paragraph (1), enhancing coordination
			 between such programs, or eliminating programs that are no longer
			 effective.
				(4)Recommendations
			 for new programs to prevent and end homelessness among veterans, including an
			 estimation of the cost of such programs.
				(5)A timeline for
			 implementing the plan, including milestones to track the implementation of the
			 plan.
				(6)Benchmarks to
			 measure the effectiveness of the plan and the efforts of the Secretary to
			 implement the plan.
				(7)Such other
			 matters as the Secretary considers necessary.
				(c)Consideration
			 of veterans located in rural areasThe analysis, evaluation, and
			 recommendations included in the report required by subsection (a) shall include
			 consideration of the circumstances and requirements that are unique to veterans
			 located in rural areas.


113 HR 2050 IH: No Regulations, No Pay Act of 2013
U.S. House of Representatives
2013-05-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2050
		IN THE HOUSE OF REPRESENTATIVES

			May 17, 2013
			Mr. Ross introduced
			 the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform

		A BILL
		To ensure the timely issuance of regulations by Federal
		  agencies.

		1.Short titleThis Act may be cited as the
			 No Regulations, No Pay Act of
			 2013.
		2.Holding pay of
			 responsible official in escrow upon failure to issue regulations in timely
			 manner
			(a)Holding salary
			 in escrow
				(1)In
			 generalIf, by the date specified by law, an agency has not
			 issued regulations required by such law, during the period described in
			 paragraph (2), the payroll administrator of that agency shall deposit in an
			 escrow account all amounts of basic pay otherwise payable to the individual who
			 (with respect to such regulations) is the responsible official of such agency,
			 and shall release such amounts to such official only upon the expiration of
			 such period.
				(2)Period
			 describedWith respect to a responsible official whose pay is
			 withheld under paragraph (1) for failing to issue regulations in timely
			 fashion, the period described in this paragraph is the period—
					(A)beginning on the
			 day after the date specified by law for the issuance of such regulations;
			 and
					(B)ending on the date
			 on which such regulations are issued.
					(3)Withholding and
			 remittance of amounts from payments held in escrowThe payroll
			 administrator shall provide for the same withholding and remittance with
			 respect to a payment deposited in an escrow account under paragraph (1) that
			 would apply to the payment if the payment were not subject to paragraph
			 (1).
				(4)Release of
			 amounts at end of appointmentNotwithstanding any other provision
			 of this section, the payroll administrator shall release for payment to a
			 responsible official whose pay has been withheld under this section any pay
			 which was so withheld from such official and which remains in an escrow account
			 under this section on the last day on which that individual serves in the
			 office by virtue of which such individual is considered to be the responsible
			 official.
				(5)Role of
			 Secretary of the TreasuryThe Secretary of the Treasury shall
			 provide a payroll administrator of an agency with such assistance as may be
			 necessary to enable such payroll administrator to carry out this
			 section.
				(b)DefinitionsFor
			 purposes of this Act—
				(1)the term
			 agency means an Executive agency within the meaning of section 105
			 of title 5, United States Code;
				(2)the term
			 regulation means a rule, within the meaning of section 551 of
			 title 5, United States Code, required by law to be issued by a date
			 certain;
				(3)the term
			 responsible official, as used with respect to any regulations,
			 is—
					(A)the specific
			 official who is required by law to issue such regulations; or
					(B)if no specific
			 official is provided for, the head of the agency involved;
					(4)the term
			 official means an individual holding a position to which
			 appointments are made by confirmation of the Senate, but does not include a
			 member of the armed forces (as defined by section 2101 of title 5, United
			 States Code); and
				(5)the term
			 payroll administrator, as used with respect to a responsible
			 official within an agency, means the person within such agency who is
			 responsible for disbursing the basic pay of such official.
				3.Effective
			 dateThis Act shall take
			 effect on the date of the enactment of this Act and shall apply with respect to
			 any regulations required to be issued by a date occurring on or after such
			 date, except that, in no event shall any amount be deposited into an escrow
			 account under this Act which (disregarding this Act) would otherwise be payable
			 during the 30-day period beginning on the date of the enactment of this
			 Act.


116 S3227 IS: Prevent Future American Sickness Act of 2020
U.S. Senate

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3227IN THE SENATE OF THE UNITED STATESJanuary 28, 2020Mr. Sanders (for himself, Mr. Merkley, and Mr. Markey) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo require the Administrator of the Environmental Protection Agency to designate per- and
			 polyfluoroalkyl substances as hazardous substances under the Comprehensive
			 Environmental Response, Compensation, and Liability Act of 1980, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Prevent Future American Sickness Act of 2020.
 2.FindingsCongress finds that— (1)PFAS have been found in the blood of 99 percent of individuals in the United States;
 (2)PFAS chemicals have so far been confirmed in the groundwater or tap water of more than 1,400 communities;
 (3)based on sampling data, scientists estimate that more than 100,000,000 individuals in the United States may be drinking water contaminated with PFAS;
 (4)the Environmental Protection Agency was first notified about the health risks posed by PFAS in 1998, but has failed to set a drinking water standard or restrict ongoing releases in the air and water;
 (5)existing treatment technologies can reduce the quantity of PFAS in tap water to levels below 2 parts per trillion;
 (6)the Environmental Protection Agency has established lifetime health advisory levels for some PFAS chemicals at 70 parts per trillion;
 (7)a June 2018 study by the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services found that PFAS chemicals pose a danger to human health at a level far lower than the lifetime health advisory level established by the Environmental Protection Agency;
 (8)PFAS chemical contamination sites appear with particularly high frequency in the States of New Jersey, Michigan, and California, with contamination levels as high as—
 (A)27,800 parts per trillion found in New Jersey; (B)1,200,000 parts per trillion found in Michigan; and
 (C)8,000,000 parts per trillion found in California; (9)the Department of Defense estimates that PFAS cleanup on military bases will surpass the original cost estimate of the Department of Defense of $2,000,000,000;
 (10)a study published in the International Journal of Hygiene and Environmental Health estimated the economic cost of PFAS contamination from increased numbers of low birth weight infants was $13,700,000,000 from 2003 through 2014;
 (11)States such as Vermont, New Hampshire, New Jersey, and Michigan are leading the way in terms of setting robust drinking water standards for PFAS chemicals;
 (12)the State of Vermont has implemented the strictest standard for PFAS chemicals in the United States, with a maximum contaminant level of 20 parts per trillion for the sum of 5 PFAS chemicals; and
 (13)the States of Washington and Maine are leading the way in terms of taking action to limit PFAS chemicals in food packaging.
 3.DefinitionsIn this Act: (1)AdministratorThe term Administrator means the Administrator of the Environmental Protection Agency.
 (2)Fully fluorinated carbon atomThe term fully fluorinated carbon atom means a carbon atom on which all the hydrogen substituents have been replaced by fluorine. (3)PFASThe term PFAS means perfluoroalkyl and polyfluoroalkyl substances that are man-made chemicals with at least 1 fully fluorinated carbon atom.
 4.Designation as hazardous substancesNot later than 1 year after the date of enactment of this Act, the Administrator shall designate all PFAS as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9602(a)).
		5.Water infrastructure
 (a)Drinking water State revolving fund authorized activitiesSection 1452(k)(1) of the Safe Drinking Water Act (42 U.S.C. 300j–12(k)(1)) is amended by adding at the end the following:

 (E)Provide assistance in the form of a grant to an owner of a household water well that has been contaminated by perfluoroalkyl and polyfluoroalkyl substances (commonly referred to as PFAS) (as defined by the State in which the household well is located) for the purpose of purchasing and installing a household filtration system..
 (b)PFAS grant programPart E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following:

					1459E.PFAS grant program
 (a)DefinitionsIn this section: (1)Fully fluorinated carbon atomThe term fully fluorinated carbon atom means a carbon atom on which all the hydrogen substituents have been replaced by fluorine.
 (2)PFASThe term PFAS means perfluoroalkyl and polyfluoroalkyl substances that are man-made chemicals with at least 1 fully fluorinated carbon atom.
 (b)GrantsThe Administrator shall carry out a grant program to provide grants to States and Indian tribes to assist the owners and operators of community water systems affected by contamination by PFAS.
 (c)Authorization of appropriationsThere are authorized to be appropriated to the Administrator such sums as are necessary to carry out this section, to remain available until expended..
 (c)Pretreatment standardsSection 307 of the Federal Water Pollution Control Act (33 U.S.C. 1317) is amended by adding at the end the following:

					(f)PFAS pretreatment standards
 (1)DefinitionsIn this subsection: (A)Fully fluorinated carbon atomThe term fully fluorinated carbon atom means a carbon atom on which all the hydrogen substituents have been replaced by fluorine.
 (B)PFASThe term PFAS means perfluoroalkyl and polyfluoroalkyl substances that are man-made chemicals with at least 1 fully fluorinated carbon atom.
 (2)Standards requiredThe Administrator shall establish pretreatment standards under subsection (b) for PFAS. (3)Grants (A)EstablishmentThe Administrator shall carry out a grant program to provide assistance to publicly owned treatment works in implementing the pretreatment standards required under paragraph (2).
 (B)Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this paragraph, to remain available until expended..
			(d)Water infrastructure grants
 (1)GrantsThe Administrator shall carry out a grant program to assist in the development of water infrastructure.
 (2)Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this subsection, to remain available until expended.
				6.Prohibition against food contact substances containing perfluoroalkyl and polyfluoroalkyl
 substancesParagraph (6) of section 409(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(h)(6)) is amended—
 (1)by striking (6) and inserting (6)(A) Definition.—; and (2)by adding at the end the following:

					(B)Perfluorinated compounds
 (i)Deemed unsafeBeginning on January 1, 2022, any PFAS used as a food contact substance is deemed to be unsafe for the purposes of this section and the application of subparagraph (2)(C) of section 402(a).
 (ii)DefinitionsIn this subparagraph: (I)The term PFAS means a perfluoroalkyl substance or a polyfluoroalkyl substance that is man-made with at least 1 fully fluorinated carbon atom.
 (II)The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (III)The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms..
			7.Listing of perfluoroalkyl and polyfluoroalkyl substances as hazardous air pollutants
 (a)ListingNot later than 180 days after the date of enactment of this Act, the Administrator shall issue a final rule adding, as a class, all PFAS to the list of hazardous air pollutants under section 112(b) of the Clean Air Act (42 U.S.C. 7412(b)).
 (b)Sources categoriesNot later than 1 year after the final rule is issued under subsection (a), the Administrator shall revise the list under section 112(c)(1) of the Clean Air Act (42 U.S.C. 7412(c)(1)) to include categories and subcategories of major sources and area sources of PFAS listed pursuant to that final rule.
 8.Prohibition on waste incineration of PFASSection 3004 of the Solid Waste Disposal Act (42 U.S.C. 6924) is amended by adding at the end the following:

				(z)PFAS wastes
 (1)DefinitionsIn this subsection: (A)Fully fluorinated carbon atomThe term fully fluorinated carbon atom means a carbon atom on which all the hydrogen substituents have been replaced by fluorine.
 (B)PFASThe term PFAS means perfluoroalkyl and polyfluoroalkyl substances that are man-made chemicals with at least 1 fully fluorinated carbon atom.
						(2)Firefighting foam
 (A)In generalNot later than 180 days after the date of enactment of this subsection, the Administrator shall promulgate regulations prohibiting the disposal by incineration of firefighting foam containing PFAS.
 (B)Effective dateThe prohibition described in subparagraph (A) shall take effect not later than 270 days after the date of enactment of this subsection.
						(3)Other PFAS wastes
 (A)Identification and prohibitionNot later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate regulations—
 (i)identifying additional wastes containing PFAS for which a prohibition on incineration may be necessary to protect human health and the environment; and
 (ii)prohibiting the disposal by incineration of wastes identified under clause (i) beginning not later than 540 days after the date of enactment of this subsection.
 (B)Review and revisionThe Administrator shall review and revise the list of wastes identified under subparagraph (A)(i) as necessary, but not less frequently than once every 4 years.
 (4)PenaltiesFor purposes of section 3008(d), a waste subject to a prohibition under this subsection shall be considered a hazardous waste identified or listed under this subtitle..
 9.Report by Department of Defense on fluorinated aqueous film forming foamNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on—
 (1)the location and amount of the stockpiled fluorinated aqueous film forming foam in the possession of the Department of Defense that contains PFAS; and
 (2)the amount of such foam that has been destroyed during the 10-year period ending of the date of the enactment of this Act and the method and location of destruction.


		II
		112th CONGRESS
		1st Session
		S. 1678
		IN THE SENATE OF THE UNITED STATES

			October 11, 2011
			Ms. Ayotte (for herself
			 and Mr. Brown of Massachusetts)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To amend the Magnuson-Stevens Fishery Conservation and
		  Management Act to permit eligible fishermen to approve certain limited access
		  privilege programs, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Saving Fishing Jobs Act of
			 2011.
		2.Approval of
			 certain limited access privilege programs
			(a)Eligibility To
			 sign petitionSection
			 303A(c)(6)(B) of the Magnuson-Stevens Fishery Conservation and Management Act
			 (16 U.S.C. 1853a(c)(6)(B)) is amended by striking For multispecies
			 permits and all that follows through this
			 subparagraph..
			(b)Initiation by
			 eligible fishermen under certain CouncilsSection 303A(c)(6)(D) of the
			 Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
			 1853a(c)(6)(D)) is amended to read as follows:

					(D)New England,
				Mid-Atlantic, South Atlantic, and Gulf initiation
						(i)In
				generalIn the case of a
				fishery under the authority of the New England, Mid-Atlantic, South Atlantic,
				or Gulf of Mexico Fishery Management Council, a fishery management plan or an
				amendment to a fishery management plan that would establish a limited access
				privilege program to harvest fish may not take effect unless—
							(I)a petition
				requesting development of such program is submitted in accordance with clause
				(ii) and certified under clause (iii);
							(II)the appropriate
				Council makes available to eligible fishermen an estimate of the amount of the
				fee that would be collected under section 304(d)(2) if such program were
				established; and
							(III)not earlier than
				90 days after the estimate required under subclause (II) has been made
				available, the proposed plan or amendment is approved by a vote of two-thirds
				of eligible fishermen in the fishery for which the program would be
				established.
							(ii)PetitionA
				group of fishermen constituting more than 50 percent of eligible fishermen in a
				fishery may submit a petition to the Secretary requesting the development of a
				limited access privilege program for the fishery. Any such petition shall
				clearly state the fishery to which the limited access privilege program would
				apply.
						(iii)Certification
				by SecretaryUpon the receipt of any such petition, the Secretary
				shall review all of the signatures on the petition and, if the Secretary
				determines that the signatures on the petition are those of more than 50
				percent of eligible fishermen in the fishery for which the program would be
				established, the Secretary shall certify the petition.
						(iv)Definition of
				eligible fishermenFor purposes of this subparagraph, the term
				eligible fishermen means holders of permits issued under a fishery
				management
				plan.
						.
			3.Termination of
			 certain limited access privilege programsSection 303A of the Magnuson-Stevens Fishery
			 Conservation and Management Act (16 U.S.C. 1853a) is amended by adding at the
			 end the following:

				(j)Termination
					(1)Programs in
				effect prior to 2012For any limited access privilege program for
				a fishery under the authority of the New England, Mid-Atlantic, South Atlantic,
				or Gulf of Mexico Fishery Management Council that was in effect on the date of
				enactment of the Saving Fishing Jobs Act of
				2011, not later than 30 days after such date, the Secretary shall
				determine if the number of eligible fishermen in the fishery on such date is at
				least 15 percent less than the number of eligible fishermen in the fishery in
				the year preceding the year in which the program was established.
					(2)Other
				programsFor any limited access privilege program for a fishery
				under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf
				of Mexico Fishery Management Council established after the date of the
				enactment of the Saving Fishing Jobs Act of
				2011, 1 year after the date such program is established, the
				Secretary shall determine if the number of eligible fishermen in the fishery on
				the date that is 1 year after the date the program is established is at least
				15 percent less than the number of eligible fishermen in the fishery in the
				year preceding the year in which the program was established.
					(3)TerminationIf
				the Secretary determines under paragraph (1) or (2) that the number of eligible
				fishermen in a fishery is at least 15 percent less than the number of eligible
				fishermen previously in the fishery—
						(A)the appropriate
				limited access privilege program shall terminate on the date that is 1 year
				after the date the Secretary made the determination; and
						(B)during the 1-year
				period referred to in subparagraph (A), the appropriate Council shall develop
				an alternative Fishery Management Plan for the fishery that shall be effective
				on the date of the termination of the program under subparagraph (A).
						(4)Definition of
				eligible fishermenIn this
				subsection, the term eligible fishermen has the meaning given the
				term in subsection
				(c)(6)(D)(iv).
					.
		4.Fees recovered
			 for certain limited access privilege programsSection 304(d)(2) of the Magnuson-Stevens
			 Fishery Conservation and Management Act (16 U.S.C. 1854(d)(2)) is amended by
			 adding at the end the following:

				(D)In
				the case of a fee collected under this paragraph for a limited access privilege
				program established under section 303A(c)(6)(D) after the date of the enactment
				of the Saving Fishing Jobs Act of
				2011—
					(i)the fee shall be in an amount sufficient to
				recover all costs of such program, including observer costs; and
					(ii)the 3 percent limitation in
				subparagraph (B) shall not apply with respect to such
				fee.
					.