 HR 1679 ENR: FEMA Accountability, Modernization and Transparency Act of 2017
U.S. House of Representatives

text/xml
EN
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I
One Hundred Fifteenth Congress of the United States of AmericaAt the First SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and seventeen
H. R. 1679

AN ACT
To ensure that the Federal Emergency Management Agency’s current efforts to modernize its grant management system includes applicant accessibility and transparency, and for other purposes.

1.Short titleThis Act may be cited as the FEMA Accountability, Modernization and Transparency Act of 2017.  2.Requirements (a)In generalThe Administrator of the Federal Emergency Management Agency shall ensure the ongoing modernization of the grant systems for the administration of assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) includes the following:
(1)An online interface, including online assistance, for applicants to complete application forms, submit materials, and access the status of applications.  (2)Mechanisms to eliminate duplication of benefits.
(3)If appropriate, enable the sharing of information among agencies and with State, local, and tribal governments, to eliminate the need to file multiple applications and speed disaster recovery.  (4)Any additional tools the Administrator determines will improve the implementation of this section.
(b)ImplementationTo the extent practicable, the Administrator shall deliver the system capabilities described in subsection (a) in increments or iterations as working components for applicant use.  3.No additional funds authorizedNo additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


110 HR 6062 IH: Personal Lines of Insurance Fairness

U.S. House of Representatives
2008-05-15
text/xml
EN
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		I
		110th CONGRESS
		2d Session
		H. R. 6062
		IN THE HOUSE OF REPRESENTATIVES

			May 15, 2008
			Ms. Waters (for
			 herself, Mr. Gutierrez,
			 Mr. Watt, and
			 Mr. Frank of Massachusetts) introduced
			 the following bill; which was referred to the
			 Committee on Financial
			 Services

		A BILL
		To amend the Fair Credit Reporting Act to prohibit the
		  use of consumer reports and consumer information in making any determination
		  involving personal lines of insurance with respect to a consumer, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Personal Lines of Insurance Fairness
			 Act of 2008.
		2.Use of consumer
			 reports and consumer information for certain insurance purposes
			 prohibited
			(a)In
			 generalSection 604(a)(3)(C) of the Fair Credit Reporting Act (15
			 U.S.C. 1681b(a)(3)(C)) is amended by inserting , except personal lines
			 of insurance before the semicolon.
			(b)Rule of
			 constructionSection 604 of
			 the Fair Credit Reporting Act (15 U.S.C. 1681(b)) is amended by adding at the
			 end the following new subsection:

					(h)Certain lines of
				insurance not an authorized business purpose
						(1)In
				generalNo consumer reporting
				agency may furnish a consumer report or consumer information with respect to
				any consumer to any person for use in making any decision to underwrite or rate
				any personal lines of insurance, and no person shall use or obtain a consumer
				report or consumer information with respect to any consumer in connection with
				the underwriting or rating of any consumer in connection with a transaction
				involving personal lines of insurance.
						(2)Insurance
				information not includedInformation derived from the following
				databases shall not be treated as a consumer report or consumer information for
				purposes of paragraph (1):
							(A)Databases that contain information on
				property loss data regarding personal lines of insurance, such as the
				Comprehensive Loss Underwriting Exchange (CLUE) and Automobile Property Loss
				Underwriting System (A–PLUS).
							(B)Databases that
				contain information on driver history, such as accidents or moving violations,
				typically maintained at State departments of motor vehicles.
							(C)Databases that contain information on a
				consumer’s medical history, to the extent such access and use for purposes
				described in paragraph (1) is consistent with the requirements of section
				604(g).
							(3)DefinitionsFor
				purposes of this subsection, the following definitions shall apply:
							(A)Consumer
				informationThe term
				‘consumer information’ means any information from the file of any consumer at a
				consumer reporting agency, or any product derived from any such information
				such as consumer credit reports or credit scores or other risk score or
				predictor on any consumer.
							(B)Personal line of
				insuranceThe term ‘personal
				line of insurance’ means any personal automobile or homeowners line of
				insurance, as defined in the Uniform Property and Casualty Product Coding
				Matrix established and maintained by the National Association of Insurance
				Commissioners or any successor document.
							.


		I
		112th CONGRESS
		2d Session
		H. R. 5385
		IN THE HOUSE OF REPRESENTATIVES

			May 7, 2012
			Ms. Fudge introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the rate of duty on Huron Yellow
		  dye.

		1.Huron Yellow dye
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Huron Yellow dye (CAS Nos. 66545–81–1 and 66545–82–2) (provided
						for in subheading 3204.19.20)FreeNo changeNo changeOn or before 12/31/2015

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


110 HR 545 PCS: Native American Methamphetamine

U.S. House of Representatives
2007-03-26
text/xml
EN
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		II
		Calendar No. 85
		110th CONGRESS
		1st Session
		H. R. 545
		IN THE SENATE OF THE UNITED
		  STATES

			March 23, 2007
			Received and read the first time

			March 26, 2007
			Read the second time and placed on the
			 calendar

		AN ACT
		To amend the Omnibus Crime Control and Safe
		  Streets Act of 1968 to clarify that territories and Indian tribes are eligible
		  to receive grants for confronting the use of methamphetamine.

		1.Short titleThis Act may be cited as the
			 Native American Methamphetamine
			 Enforcement and Treatment Act of 2007.
		2.Native american
			 participation in methamphetamine grants
			(a)In
			 GeneralSection 2996(a) of the Omnibus Crime Control and Safe Streets Act of
			 1968 (42 U.S.C. 3797cc(a)) is
			 amended—
				(1)in paragraph
			 (1)—
					(A)in the matter
			 preceding subparagraph (A), by inserting , territories, and Indian
			 tribes (as defined in section 2704) after to assist
			 States; and
					(B)in subparagraph
			 (B), by striking and local and inserting , territorial,
			 Tribal, and local;
					(2)in paragraph (2),
			 by inserting , territories, and Indian tribes after make
			 grants to States; and
				(3)in paragraph
			 (3)(C), by inserting , Tribal, after support
			 State.
				(b)Grant Programs
			 for Drug Endangered ChildrenSection 755(a) of the USA PATRIOT
			 Improvement and Reauthorization Act of 2005 (42 U.S.C. 3797cc–2(a)) is
			 amended by inserting , territories, and Indian tribes (as defined in
			 section 2704 of the Omnibus Crime Control and
			 Safe Streets Act of 1968 (42 U.S.C. 3797d)) after
			 make grants to States.
			(c)Grant Programs
			 To Address Methamphetamine Use by Pregnant and Parenting Women
			 OffendersSection 756 of the USA PATRIOT Improvement and
			 Reauthorization Act of 2005 (42 U.S.C. 3797cc–3) is
			 amended—
				(1)in subsection
			 (a)(2), by inserting , territorial, or Tribal after
			 State;
				(2)in subsection
			 (b)—
					(A)in paragraph
			 (1)—
						(i)by
			 inserting , territorial, or Tribal after State;
			 and
						(ii)by
			 striking and/or and inserting or;
						(B)in paragraph
			 (2)—
						(i)by
			 inserting , territory, Indian tribe, after agency of the
			 State; and
						(ii)by
			 inserting , territory, Indian tribe, after criminal laws
			 of that State; and
						(C)by adding at the
			 end the following:

							(3)Indian
				tribeThe term Indian tribe has the meaning given
				the term in section 2704 of the Omnibus Crime
				Control and Safe Streets Act of 1968 (42 U.S.C.
				3797d).
							;
				and
					(3)in subsection
			 (c)—
					(A)in paragraph (3),
			 by striking Indian Tribes and inserting Indian
			 tribes; and
					(B)in paragraph
			 (4)—
						(i)in
			 the matter preceding subparagraph (A)—
							(I)by
			 striking State’s; and
							(II)by striking
			 and/or and inserting or;
							(ii)in
			 subparagraph (A), by striking State;
						(iii)in
			 subparagraph (C), by inserting , Indian tribes, after
			 involved counties; and
						(iv)in
			 subparagraph (D), by inserting , Tribal after Federal,
			 State.

			Passed the House of
			 Representatives March 22, 2007.
			Lorraine C. Miller,
			Clerk.

		March 26, 2007
		Read the second time and placed on the
		  calendar


		II
		Calendar No. 105
		112th CONGRESS
		1st Session
		S. 745
		IN THE SENATE OF THE UNITED STATES

			April 6 (legislative day, April 5),
			 2011
			Mr. Schumer (for
			 himself, Mr. Blumenthal,
			 Mr. Merkley, and
			 Mr. Casey) introduced the following bill;
			 which was read twice and referred to the
			 Committee on Veterans'
			 Affairs

			July 19, 2011
			Reported by Mrs. Murray,
			 with an amendment
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To amend title 38, United States Code, to protect certain
		  veterans who would otherwise be subject to a reduction in educational
		  assistance benefits, and for other purposes.

		1.Protection for certain
			 veterans otherwise subject to reduction in educational assistance
			 benefits
			(a)In
			 generalNotwithstanding paragraph (1)(A)(ii) of section 3313(c)
			 of title 38, United States Code (as amended by the Post-9/11 Veterans
			 Educational Assistance Improvements Act of 2010 (Public Law 111–377)), the
			 amount payable under that paragraph (or as appropriately adjusted under
			 paragraphs (2) through (7) of that section) for tuition and fees for pursuit by
			 an individual described in subsection (b) of an approved program of education
			 at a non-public institution of higher learning during the period beginning on
			 August 1, 2011, and ending on December 31, 2014, shall be the lesser of—
				(1)the established
			 charges for the program of education; or
				(2)an amount equal
			 to—
					(A)for the academic
			 year beginning on August 1, 2011, the established charges payable for the
			 program of education determined utilizing the table of the Department of
			 Veterans Affairs entitled Post-9/11 GI Bill 2010–2011 Tuition and Fee
			 In-State Maximums, published October 27, 2010 (75 Fed. Reg. 66193), as
			 if that table applied to the pursuit of the program of education by that
			 individual during that period; or
					(B)for an academic
			 year beginning on any subsequent August 1, the amount for the previous academic
			 year beginning on August 1 under this paragraph, as increased by the percentage
			 increase equal to the most recent percentage increase determined under section
			 3015(h) of such title.
					(b)Covered
			 individualsAn individual described in this subsection is an
			 individual entitled to educational assistance under chapter 33 of title 38,
			 United States Code, who, on or before January 4, 2011, was enrolled in a
			 non-public institution of higher learning in a State in which the maximum
			 amount of tuition per credit in the 2010–2011 academic year, as determined
			 pursuant to the table referred to in subsection (a)(2), exceeded $700.
			(c)DefinitionsIn
			 this section:
				(1)Approved program
			 of educationThe term approved program of education
			 has the meaning given that term in section 3313(b) of title 38, United States
			 Code.
				(2)Established
			 charges
					(A)In
			 generalThe term established charges, with respect
			 to a program of education, means the actual charges (as determined pursuant to
			 regulations prescribed by the Secretary of Veterans Affairs) for tuition and
			 fees which similarly circumstanced nonveterans enrolled in the program of
			 education would be required to pay.
					(B)Basis of
			 determinationEstablished charges shall be determined for
			 purposes of this paragraph on the following basis:
						(i)In the case of an
			 individual enrolled in a program of education offered on a term, quarter, or
			 semester basis, the tuition and fees charged the individual for the term,
			 quarter, or semester.
						(ii)In the case of an
			 individual enrolled in a program of education not offered on a term, quarter,
			 or semester basis, the tuition and fees charged the individual for the entire
			 program of education.
						(3)Institution of
			 higher learningThe term institution of higher
			 learning has the meaning given that term in section 3452(f) of title 38,
			 United States Code.

		1.Protection for certain
			 veterans otherwise subject to reduction in educational assistance
			 benefits
			(a)In
			 generalNotwithstanding paragraph (1)(A)(ii) of section 3313(c)
			 of title 38, United States Code (as amended by the Post-9/11 Veterans
			 Educational Assistance Improvements Act of 2010 (Public Law 111–377)), the
			 amount payable under that paragraph (or as appropriately adjusted under
			 paragraphs (2) through (7) of that section) for pursuit by a covered individual
			 of an approved program of education at a non-public institution of higher
			 learning during the period beginning on August 1, 2011, and ending on December
			 31, 2014, shall be the lesser of—
				(1)the established charges
			 for the program of education; or
				(2)an amount equal
			 to—
					(A)for the academic year
			 beginning on August 1, 2011, the established charges payable for the program of
			 education determined utilizing the table of the Department of Veterans Affairs
			 entitled Post-9/11 GI Bill 2010–2011 Tuition and Fee In-State
			 Maximums, published October 27, 2010 (75 Fed. Reg. 66193), as if that
			 table applied to the pursuit of the program of education by that individual
			 during that period; or
					(B)for an academic year
			 beginning on any subsequent August 1, the amount for the previous academic year
			 beginning on August 1 under this paragraph, as increased by the percentage
			 increase equal to the most recent percentage increase determined under section
			 3015(h) of such title.
					(b)Covered
			 individualsFor purposes of this section, a covered individual is
			 an individual who—
				(1)is entitled to
			 educational assistance under chapter 33 of title 38, United States Code;
				(2)on or before January 4,
			 2011, was enrolled in a non-public institution of higher learning in a State in
			 which the maximum amount of tuition per credit in the 2010–2011 academic year,
			 as determined pursuant to the table referred to in subsection (a)(2), exceeded
			 $700; and
				(3)has been enrolled in an
			 approved program of education at the same institution since such date.
				(c)DefinitionsIn
			 this section:
				(1)Approved program of
			 educationThe term approved program of education has
			 the meaning given that term in section 3313(b) of title 38, United States
			 Code.
				(2)Established
			 charges
					(A)In
			 generalThe term established charges, with respect
			 to a program of education, means the actual charges (as determined pursuant to
			 regulations prescribed by the Secretary of Veterans Affairs) for tuition and
			 fees which similarly circumstanced nonveterans enrolled in the program of
			 education would be required to pay, after the application of—
						(i)any waiver of, or
			 reduction in, tuition and fees; and
						(ii)any scholarship, or
			 other Federal, State, institutional, or employer-based aid or assistance (other
			 than loans and any funds provided under section 401(b) of the Higher Education
			 Act of 1965 (20 U.S.C. 1070a)) that is provided directly to the institution and
			 specifically designed for the sole purpose of defraying tuition and
			 fees.
						(B)Basis of
			 determinationEstablished charges shall be determined for
			 purposes of this paragraph on the following basis:
						(i)In the case of an
			 individual enrolled in a program of education offered on a term, quarter, or
			 semester basis, the tuition and fees charged the individual for the term,
			 quarter, or semester.
						(ii)In the case of an
			 individual enrolled in a program of education not offered on a term, quarter,
			 or semester basis, the tuition and fees charged the individual for the entire
			 program of education.
						(3)Institution of higher
			 learningThe term institution of higher learning has
			 the meaning given that term in section 3452(f) of title 38, United States
			 Code.
				2.Modification of
			 certain housing loan feesSection 3729(b)(2) of title 38, United
			 States Code, is amended—
			(1)in subparagraph
			 (C), by striking October 1, 2011 both places it appears and
			 inserting October 1, 2014; and
			(2)in subparagraph (D), by
			 striking October 1, 2011 both places it appears and inserting
			 October 1, 2012.

		July 19, 2011
		Reported with an amendment


115 SRES 140 ATS: Supporting the designation of April 2017 as “Parkinson’s Awareness Month”.
U.S. Senate
2017-04-25
text/xml
EN
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III115th CONGRESS1st SessionS. RES. 140IN THE SENATE OF THE UNITED STATESApril 25, 2017Mr. Isakson (for himself and Ms. Stabenow) submitted the following resolution; which was considered and agreed toRESOLUTIONSupporting the designation of April 2017 as Parkinson’s Awareness Month.

 Whereas Parkinson’s disease is a chronic, progressive neurological disease and is the second most common neurodegenerative disease in the United States;
 Whereas there is inadequate data on the incidence and prevalence of Parkinson’s disease, but the disease affects an estimated 1,000,000 individuals in the United States and its prevalence is expected to more than double by 2040;
 Whereas, according to the Centers for Disease Control and Prevention, Parkinson’s disease is the 14th leading cause of death in the United States;
 Whereas every day Parkinson's disease greatly impacts millions of individuals in the United States who are caregivers, family members, and friends of individuals with Parkinson's disease;
 Whereas, although research suggests that the cause of Parkinson’s disease is a combination of genetic and environmental factors, the exact cause of the disease in most individuals is still unknown;
 Whereas, as of March 2017, there is no objective test or biomarker for diagnosing Parkinson’s disease;
 Whereas there is no known cure or drug to slow or halt the progression of Parkinson's disease, and available treatments are limited in their ability to address the medical needs of patients and remain effective over time;
 Whereas the symptoms of Parkinson’s disease vary from person to person and may include— (1)tremors;
 (2)slowness of movement and rigidity; (3)difficulty with balance and gait;
 (4)disturbances in speech and swallowing; (5)cognitive impairment and dementia;
 (6)mood disorders; and (7)a variety of other nonmotor symptoms;
 Whereas volunteers, researchers, caregivers, and medical professionals are working to improve the quality of life for individuals living with Parkinson's disease and their families; and
 Whereas increased research, education, and community support services are needed—
 (1)to find more effective treatments; and
 (2)to provide access to quality care for individuals living with Parkinson's disease: Now, therefore, be it

 That the Senate— (1)designates April 2017 as Parkinson's Awareness Month;
 (2)supports the goals and ideals of Parkinson's Awareness Month; (3)continues to support research to find better treatments and a cure for Parkinson's disease;
 (4)recognizes the individuals living with Parkinson's disease who participate in vital clinical trials to advance the knowledge of the disease; and
 (5)commends the dedication of organizations, volunteers, researchers, and millions of individuals across the United States working to improve the quality of life for individuals living with Parkinson's disease and their families.


116 HR 5380 IH: Senior Guardianship Social Security Protection Act of 2019
U.S. House of Representatives
2019-12-10
text/xml
EN
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I116th CONGRESS1st SessionH. R. 5380IN THE HOUSE OF REPRESENTATIVESDecember 10, 2019Mr. Crist (for himself, Mr. Bilirakis, and Mr. Soto) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend title II of the Social Security Act to require the Commissioner of Social Security to
			 enter into agreements with States to share data related to individuals
			 subject to guardianship, and for other purposes.

 1.Short titleThis Act may be cited as the Senior Guardianship Social Security Protection Act of 2019. 2.Information sharing related to State guardianship status (a)In generalSection 205(j)(11) of the Social Security Act (42 U.S.C. 405(j)(11)) is amended—
 (1)by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following:

 (B)The Commissioner of Social Security shall— (i)enter into agreements with each State for the purpose of sharing and matching data, on an automated monthly basis, in the system of records of the Social Security Administration with the system of records of each State to identify individuals subject to guardianship in the State who, with respect to such month, are entitled to benefits under this title that are certified for payment to a representative payee; and
 (ii)in any case in which the guardianship arrangement for such an individual has changed in such month, redetermine the appropriate representative payee for such individual.; and
 (2)in subparagraph (C) (as redesignated by paragraph (1)), by amending clause (i) to read as follows—  (i)the term State—
 (I)when used in subparagraph (A), has the meaning given such term for purposes of part E of title IV; and
 (II)when used in subparagraph (B), has the meaning given such term for purposes of subtitle B of title XX;.
 (b)Effective dateThe amendments made by subsection (a) shall apply with respect to months beginning on or after the date that is 90 days after the date of the enactment of this Act.


114 HJ 48 IH: Proposing an amendment to the Constitution of the United States providing that the rights extended by the Constitution are the rights of natural persons only.
U.S. House of Representatives
2015-04-28
text/xml
EN
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		IA
		114th CONGRESS
		1st Session
		H. J. RES. 48
		IN THE HOUSE OF REPRESENTATIVES

			April 28, 2015
			Mr. Nolan (for himself, Mr. Pocan, Mr. Cartwright, Mr. Huffman, Mr. Ellison, and Mr. Grijalva) introduced the following joint resolution; which was referred to the Committee on the Judiciary

		JOINT RESOLUTION
		Proposing an amendment to the Constitution of the United States providing that the rights extended
			 by the Constitution are the rights of natural persons only.

 That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

				 —
 1.The rights protected by the Constitution of the United States are the rights of natural persons only. Artificial entities, such as corporations, limited liability companies, and other entities, established by the laws of any State, the United States, or any foreign state shall have no rights under this Constitution and are subject to regulation by the People, through Federal, State, or local law. The privileges of artificial entities shall be determined by the People, through Federal, State, or local law, and shall not be construed to be inherent or inalienable.
 2.Federal, State and local government shall regulate, limit, or prohibit contributions and expenditures, including a candidate’s own contributions and expenditures, to ensure that all citizens, regardless of their economic status, have access to the political process, and that no person gains, as a result of that person’s money, substantially more access or ability to influence in any way the election of any candidate for public office or any ballot measure. Federal, State, and local governments shall require that any permissible contributions and expenditures be publicly disclosed. The judiciary shall not construe the spending of money to influence elections to be speech under the First Amendment.
					.


		II
		111th CONGRESS
		1st Session
		S. 1838
		IN THE SENATE OF THE UNITED
		  STATES

			October 22, 2009
			Ms. Landrieu (for
			 herself and Mr. Webb) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To establish a commission to commemorate
		  the sesquicentennial of the American Civil War.

		1.Short titleThis Act may be cited as the
			 Civil War Sesquicentennial Commission
			 Act.
		2.Findings and purpose
			(a)FindingsCongress makes the following
			 findings:
				(1)The American Civil War was a defining
			 experience in the development of the United States.
				(2)The people of the United States continue to
			 struggle with issues of race, civil rights, the politics of federalism, and
			 heritage which are legacies of the Civil War and Reconstruction.
				(3)There is a resurgence of interest in the
			 Civil War that is evidenced by the multitude of publications, exhibits,
			 reenactments, research organizations, Internet and multimedia resources,
			 historic parks, and preservation associations focused on the Civil War.
				(4)The years 2011 through 2015 mark the
			 sesquicentennial of the Civil War.
				(5)The sesquicentennial of the Civil War
			 presents a significant opportunity for Americans to recall and reflect upon the
			 Civil War and its legacy in a spirit of reconciliation and reflection.
				(6)The United States Civil War Center at
			 Louisiana State University, Louisiana, and the Civil War Institute at
			 Gettysburg College, Pennsylvania, have been designated by the Federal
			 Government to plan and facilitate the commemoration of the sesquicentennial of
			 the Civil War.
				(7)The State of Virginia—
					(A)witnessed more Civil War military
			 engagements on its soil than any other State;
					(B)hosts more historic sites related to the
			 Civil War than any other State; and
					(C)is home to the Pamplin Historical Park and
			 the National Museum of the Civil War Soldier and the Virginia Center for Civil
			 War Studies at Virginia Polytechnic Institute and State University, both of
			 which are nationally recognized centers of expertise in the study of the Civil
			 War.
					(8)The African American Civil War Museum
			 located in Washington, DC, is the only museum in the Nation dedicated to the
			 study and understanding of the role of African-Americans in the Civil
			 War.
				(b)PurposeThe purpose of this Act is to establish a
			 Civil War Sesquicentennial Commemoration Commission to—
				(1)ensure a suitable national observance of
			 the sesquicentennial of the Civil War;
				(2)cooperate with and assist States and
			 national organizations with programs and activities for the observance of the
			 sesquicentennial of the Civil War;
				(3)assist in ensuring that any observance of
			 the sesquicentennial of the Civil War is inclusive and appropriately recognizes
			 the experiences and points of view of all people affected by the Civil War;
			 and
				(4)provide assistance for the development of
			 programs, projects, and activities on the Civil War that have lasting
			 educational value.
				3.Civil war sesquicentennial commemoration
			 commissionThe Secretary of
			 the Interior shall establish a commission to be known as the Civil War
			 Sesquicentennial Commemoration Commission (hereafter in this Act referred to as
			 the Commission).
		4.Composition of the commission
			(a)In GeneralThe Commission shall be composed of 25
			 members as follows:
				(1)Government membersThe Commission shall include—
					(A)2 Members of the Senate appointed by the
			 President pro tempore of the Senate, in consultation with the majority leader
			 and the minority leader of the Senate;
					(B)2 Members of the House of Representatives
			 appointed by the Speaker of the House of Representatives;
					(C)the Secretary of the Interior or the
			 designee of the Secretary;
					(D)the Secretary of the Smithsonian
			 Institution, or the designee of the Secretary;
					(E)the Secretary of the Department of
			 Education, or the designee of the Secretary;
					(F)the Chairman of the National Endowment for
			 the Humanities, or the designee of the Chairman;
					(G)the Archivist of the United States, or the
			 designee of the Archivist;
					(H)the Librarian of Congress, or the designee
			 of the Librarian; and
					(I)the Director of the National Park Service,
			 or the designee of the Director.
					(2)Private membersThe Commission shall include—
					(A)5 members appointed by the President from
			 among individuals who are representative of the corporate community; and
					(B)9 individuals, appointed by the President,
			 from among persons who by reason of education, training, and experience, are
			 experts on the Antebellum, Civil War, and Reconstruction eras,
			 including—
						(i)6 individuals with expertise in
			 history;
						(ii)1 individual with specific expertise in art
			 history, historic preservation, or a related field;
						(iii)1 individual with expertise in
			 anthropology, cultural geography, sociology, or a related field; and
						(iv)1 individual with expertise in political
			 science, law, economics, or a related field.
						(b)TermsMembers shall be appointed for the life of
			 the Commission.
			(c)VacanciesAny vacancy in the Commission shall not
			 affect its powers, and shall be filled in the same manner as the original
			 appointment.
			(d)Initial AppointmentsThe appointment of the members of the
			 Commission shall be made not later than 60 days after the date of the enactment
			 of this Act.
			5.General provisions
			(a)Meetings
				(1)Initial meetingNot later than 60 days after the date on
			 which all members of the Commission have been appointed, the members appointed
			 under subparagraphs (A) and (B) of section 4(a)(2) shall call the first meeting
			 of the Commission.
				(2)Subsequent meetingsThe Commission shall hold subsequent
			 meetings at the call of the chairperson.
				(b)Chairperson and Vice
			 ChairpersonAt the initial
			 meeting, the Commission shall elect a Chairperson and Vice Chairperson from
			 among its voting members.
			(c)QuorumA majority of voting members shall
			 constitute a quorum, but a lesser number may hold meetings.
			(d)Voting
				(1)In generalThe Commission shall act only on an
			 affirmative vote of a majority of the voting members of the Commission.
				(2)Nonvoting membersThe individuals appointed under
			 subparagraphs (A) and (B) of section 4(a)(1) shall be nonvoting members, and
			 shall serve only in an advisory capacity.
				6.Duties of the commission
			(a)Activities Related to the
			 SesquicentennialThe
			 Commission shall—
				(1)plan, develop, and carry out programs and
			 activities appropriate to commemorate the sesquicentennial of the Civil
			 War;
				(2)encourage interdisciplinary examination of
			 the Civil War;
				(3)facilitate Civil War-related activities
			 throughout the United States;
				(4)encourage civic, historical, educational,
			 economic, and other organizations throughout the United States to organize and
			 participate in activities to expand the understanding and appreciation of the
			 significance of the Civil War;
				(5)coordinate and facilitate the public
			 distribution of scholarly research, publications, and interpretations of the
			 Civil War;
				(6)provide technical assistance to States,
			 localities, and nonprofit organizations to further the commemoration of the
			 sesquicentennial of the Civil War;
				(7)develop programs and facilities to ensure
			 that the sesquicentennial commemoration of the Civil War results in a positive
			 legacy and long-term public benefit; and
				(8)encourage the development and conduct of
			 programs designed to involve the international community in activities that
			 commemorate the Civil War.
				(b)Plans and Report
				(1)Strategic plan and annual performance
			 plansThe Commission shall
			 prepare a strategic plan in accordance with
			 section
			 306 of title 5, United States Code, and annual performance
			 plans in accordance with
			 section
			 1115 of title 31, United States Code, for the activities of the
			 Commission carried out under this Act.
				(2)Reports
					(A)Annual reportThe Commission shall submit to Congress an
			 annual report that contains a list of each gift, bequest, or devise with a
			 value of more than $250, together with the identity of the donor of each such
			 gift, bequest, or devise.
					(B)Final reportNot later than December 30, 2015, the
			 Commission shall submit to Congress a final report that contains—
						(i)a summary of activities of the
			 Commission;
						(ii)a final accounting of funds received and
			 expended by the Commission; and
						(iii)the findings and recommendations of the
			 Commission.
						7.Grant program
			(a)Grants AuthorizedThe National Endowment for the Humanities
			 shall award grants under this section for the uses described in subsection
			 (b).
			(b)Use of GrantsGrants awarded under this section shall be
			 used for appropriate activities relating to the sesquicentennial of the Civil
			 War.
			(c)ConsiderationIn awarding grants under this section, the
			 National Endowment of the Humanities shall consider established university,
			 museum, or academic programs with national scope that sponsor multidisciplinary
			 projects, including those that concentrate on the role of African Americans in
			 the Civil War.
			8.Powers of the commission
			(a)In GeneralThe Commission may—
				(1)solicit, accept, use, and dispose of gifts,
			 bequests, or devises of money or other real or personal property for the
			 purpose of aiding or facilitating the work of the Commission;
				(2)appoint any advisory committee as the
			 Commission considers appropriate for the purposes of this Act;
				(3)authorize any voting member or employee of
			 the Commission to take any action that the Commission is authorized to take
			 under this Act;
				(4)procure supplies, services, and property,
			 and make or enter into contracts, leases, or other legal agreements to carry
			 out this Act (except that any contracts, leases, or other legal agreements
			 entered into by the Commission shall not extend beyond the date of the
			 termination of the Commission); and
				(5)use the United States mails in the same
			 manner and under the same conditions as other Federal agencies.
				9.Personnel matters
			(a)Compensation of MembersMembers of the Commission, and members of
			 any advisory committee appointed under section 8(a)(2), shall serve without
			 compensation.
			(b)Travel ExpensesMembers of the Commission, and members of
			 any advisory committees appointed under section 8(a)(2), shall be allowed
			 travel expenses, including per diem in lieu of subsistence, at rates authorized
			 for an employee of an agency under subchapter I of
			 chapter
			 57 of title 5, United States Code, while away from the home or
			 regular place of business of the member in the performance of the duties of the
			 Commission.
			(c)Staff
				(1)In generalThe Chairperson of the Commission may,
			 without regard to civil service laws (including regulations), appoint and
			 terminate an executive director and such other additional personnel as are
			 necessary to enable the Commission to perform the duties of the
			 Commission.
				(2)Confirmation of executive
			 directorThe employment of an
			 executive director shall be subject to confirmation by the Commission.
				(3)Compensation
					(A)In generalExcept as provided in subparagraph (B), the
			 Chairperson of the Commission may fix the compensation of the executive
			 director and other personnel without regard to the provisions of chapter 51 and
			 subchapter III of
			 chapter
			 53 of title 5, United States Code, relating to classification
			 of positions and General Schedule pay rates.
					(B)Maximum rate of payThe rate of pay for the executive director
			 and other personnel shall not exceed the rate payable for level V of the
			 Executive Schedule under
			 section
			 5316 of title 5, United States Code.
					(d)Detail of Government Employees
				(1)In generalAt the request of the Commission, the head
			 of any Federal agency may detail, on a reimbursable or nonreimbursable basis,
			 any of the personnel of the agency to the Commission to assist the Commission
			 in carrying out the duties of the Commission under this Act.
				(2)Civil service statusThe detail of an employee under paragraph
			 (1) shall be without interruption or loss of civil service status or
			 privilege.
				(e)Volunteer and Uncompensated
			 ServicesNotwithstanding
			 section
			 1342 of title 31, United States Code, the Commission may accept
			 and use voluntary and uncompensated services as the Commission determines
			 necessary.
			(f)Support ServicesThe Director of the National Park Service
			 shall provide to the Commission, on a reimbursable basis, such administrative
			 support services as the Commission may request.
			(g)Procurement of Temporary and Intermittent
			 ServicesThe Chairperson of
			 the Commission may procure temporary and intermittent services under
			 section
			 3109(b) of title 5, United States Code, at daily rates for
			 individuals which do not exceed the daily equivalent of the annual rate of
			 basic pay prescribed for level V of the Executive Schedule under section 5316
			 of such title.
			(h)FACA NonapplicabilitySection 14(b) of the Federal Advisory
			 Committee Act (5 U.S.C. App.) shall not apply to the Commission.
			(i)TerminationThe Commission shall terminate on the date
			 that is 90 days after the date on which the Commission submits its report under
			 section 6(b)(2).
			10.Audit of commissionThe Inspector General of the Department of
			 the Interior shall perform an annual audit of the Commission and shall make the
			 results of the audit available to the public.
		11.Authorization of appropriations
			(a)In GeneralThere is authorized to be appropriated to
			 carry out this Act (other than section 7) $200,000 for each of the fiscal years
			 2010 through 2017.
			(b)GrantsThere is authorized to be appropriated
			 $3,500,000 to the National Endowment for the Humanities to provide grants under
			 section 7, to remain available until expended.


		I
		111th CONGRESS
		2d Session
		H. R. 4535
		IN THE HOUSE OF REPRESENTATIVES

			January 27, 2010
			Mr. Bishop of New
			 York (for himself, Ms.
			 McCollum, and Mr. Castle)
			 introduced the following bill; which was referred to the
			 Committee on Education and
			 Labor, and in addition to the Committees on
			 Oversight and Government
			 Reform, Energy and
			 Commerce, and the
			 Judiciary, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To reduce and prevent the sale and use of fraudulent
		  degrees in order to protect the integrity of valid higher education degrees
		  that are used for Federal employment purposes.

		1.Short titleThis Act may be cited as the
			 Diploma and Accreditation Integrity
			 Protection Act of 2009.
		2.Purpose;
			 Definitions
			(a)PurposeThe purpose of this Act is to protect
			 institutions of higher education, businesses and other employers, professional
			 licensing boards, patients and clients of degree holders, taxpayers, and other
			 individuals from any person claiming to possess a legitimate academic degree
			 that in fact was issued by a fraudulent or nonexistent school, by a
			 non-educational entity posing as a school, or by any entity in violation of
			 Federal or State law.
			(b)DefinitionsIn
			 this Act:
				(1)Accreditation
			 millThe term
			 accreditation mill means an education or corporate organization
			 that offers a form of educational recognition or accreditation, for a fee or
			 free of charge, that—
					(A)extend a permanent
			 recognition or accreditation status to an institution with few or no
			 requirements for subsequent periodic reviews;
					(B)publish a list of
			 institutions and programs recognized or accredited by such organization that
			 includes institutions and programs that did not apply for or otherwise request
			 such recognition or accreditation by the organization; or
					(C)lack national
			 recognition by the Secretary of Education or the Council for Higher Education
			 Accreditation.
					(2)Degree-granting
			 institutionThe term
			 degree-granting institution means any entity that offers or
			 confers an academic, professional, or occupational degree, diploma, or
			 certificate, if such degree, diploma, or certificate may be used to represent
			 to the general public that the individual possessing such degree, diploma, or
			 certificate has completed a program of education or training beyond secondary
			 education.
				(3)Diploma
			 millThe term diploma
			 mill means any entity that—
					(A)lacks valid
			 accreditation by an agency recognized by a Federal agency, a State government,
			 or the Council for Higher Education Accreditation as a valid accrediting agency
			 of institutions of higher education; and
					(B)offers degrees, diplomas, or
			 certifications, for a fee, that may be used to represent to the general public
			 that the individual possessing such a degree, diploma, or certification has
			 completed a program of education or training beyond secondary education, but
			 little or no education or course work is required to obtain such a degree,
			 diploma, or certification.
					(4)Institution of
			 higher educationThe term institution of higher
			 education has the meaning given such term in section 102 of the Higher
			 Education Act of 1965 (20 U.S.C. 1002).
				3.Accrediting
			 agenciesNo accrediting agency
			 or association may be considered to be a reliable authority as to the quality
			 of education or training offered by a degree-granting institution for any
			 purpose related to immigration, Federal employment and hiring practices, or for
			 any other Federal purposes, unless the agency or association is a nationally
			 recognized accrediting agency or association recognized by the Secretary of
			 Education pursuant to part H of title IV of the Higher Education Act of 1965
			 (20 U.S.C. 1099a et seq.).
		4.Federal
			 employmentFor purposes of
			 applying any civil service law, rule, or regulation that requires or takes into
			 consideration a degree from an institution of higher education for purposes of
			 appointment or promotion of, or improved pay for, a Federal employee, only a
			 degree from a degree-granting institution that is accredited by a nationally
			 recognized accrediting agency or association recognized by the Secretary of
			 Education pursuant to part H of title IV of the Higher Education Act of 1965
			 (20 U.S.C. 1099a et seq.) shall be acceptable.
		5.Unfair and
			 deceptive acts and practices regarding diplomas and professional
			 certifications
			(a)Conduct
			 prohibitedNot later than 180
			 days after the date of enactment of this Act, the Federal Trade Commission
			 shall initiate a rulemaking to define as an unfair and deceptive act or
			 practice under section 18 of Federal Trade Commission Act (15 U.S.C. 57a) the
			 following:
				(1)The issuing of a degree, diploma,
			 certificate, or any similar document by an entity that is not recognized as a
			 legitimate postsecondary degree-granting institution by the Secretary of
			 Education, if such degree, diploma, certificate, or similar document
			 misrepresents, directly or indirectly, the subject matter, substance, or
			 content of the course of study or any other material fact concerning the course
			 of study for which such degree, diploma, certificate, or similar document was
			 awarded.
				(2)The offering or conferring of an academic,
			 professional, or occupational degree if the entity offering or conferring the
			 degree—
					(A)is not an
			 institution of higher education; or
					(B)is not accredited by—
						(i)a
			 nationally recognized accrediting agency or association recognized by the
			 Secretary of Education pursuant to part H of title IV of the Higher Education
			 Act of 1965 (20 U.S.C. 1099a et seq.); or
						(ii)an
			 accrediting agency or association that is recognized as a legitimate
			 accrediting agency or association for any purpose by any appropriate Federal
			 agency or by the Council for Higher Education Accreditation,
						unless the
			 entity offering or conferring such a degree clearly and conspicuously
			 discloses, in all advertising and promotional materials that contain a
			 reference to such a degree, that the awarding of the degree has not been so
			 authorized or that the entity offering or conferring the degree has not been so
			 approved or recognized.(3)The claiming or asserting in any
			 advertisements or promotional material of an entity offering or conferring an
			 academic, professional, or occupational degree, that such entity has—
					(A)an accredited
			 status unless it holds accreditation from an accrediting agency that is
			 recognized by the Secretary of Education or the Council for Higher Education
			 Accreditation, or is recognized for any purpose by any appropriate Federal
			 agency; or
					(B)an unaccredited,
			 but approved status that misrepresents, directly or indirectly, the nature,
			 extent, or credibility of such approval.
					(4)The issuing of any accreditation, including
			 institutional, programmatic, or specialized accreditation, to any
			 degree-granting institution by any entity that is not recognized for
			 accreditation purposes by the Secretary of Education, any other appropriate
			 Federal agency, or the Council for Higher Education Accreditation.
				(b)Final
			 RuleThe Commission shall
			 issue final rules under this section not later than 18 months after the date of
			 enactment of this Act.
			(c)Reporting
			 requirement
				(1)Federal Trade
			 CommissionIn administering and enforcing the rule required under
			 subsection (a), the Federal Trade Commission
			 shall report regularly to the Secretary of Education any information regarding
			 entities which the Commission knows or suspects to be in violation of such
			 rule.
				(2)Secretary of
			 EducationThe Secretary of Education shall make available to the
			 general public, in paper and electronic forms, the information reported to the
			 Secretary in accordance with
			 paragraph (1).


115 HR 5649 : Navy SEAL Chief Petty Officer William Bill Mulder (Ret.) Transition Improvement Act of 2018
U.S. House of Representatives
2018-07-25
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.

		IIB
		115th CONGRESS2d Session
		H. R. 5649
		IN THE SENATE OF THE UNITED STATES
		July 25, 2018Received; read twice and referred to the Committee on Veterans' AffairsAN ACT
		To amend titles 10 and 38, United States Code, to amend the Social Security Act, and to direct the
			 Secretaries of Veterans Affairs, Defense, Labor, and Homeland Security,
			 and the Administrator of the Small Business Administration, to take
			 certain actions to improve transition assistance to members of the Armed
			 Forces who separate, retire, or are discharged from the Armed Forces, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Navy SEAL Chief Petty Officer William Bill Mulder (Ret.) Transition Improvement Act of 2018. 2.Table of contentsThe table of contents for this Act is as follows:

				Sec. 1. Short title.
				Sec. 2. Table of contents.
				Sec. 3. Definitions.
				Title I—Improvements to Transition Assistance
				Sec. 101. Access for the Secretaries of Labor and Veterans Affairs to the Federal directory of new
			 hires.
				Sec. 102. Pilot program for off-base transition training for veterans and spouses.
				Sec. 103. Grants for provision of transition assistance to members of the Armed Forces after
			 separation, retirement, or discharge.
				Sec. 104. Study of community-based transition assistance programs for members of the Armed Forces
			 after separation, retirement, or discharge.
				Sec. 105. One-year independent assessment of the effectiveness of TAP.
				Sec. 106. Longitudinal study on changes to TAP.
				Title II—Educational Assistance
				Sec. 201. Improvements to assistance for certain flight training and other programs of education.
				Sec. 202. Elimination of the period of eligibility for the Vocational Rehabilitation and Employment
			 program of the Department of Veterans Affairs.
				Sec. 203. Educational assistance during extended school closures due to natural disasters.
 3.DefinitionsIn this Act: (1)The term TAP means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.
 (2)The term military departments has the meaning given that term in section 101 of title 10, United States Code. IImprovements to Transition Assistance 101.Access for the Secretaries of Labor and Veterans Affairs to the Federal directory of new hiresSection 453A(h) of the Social Security Act (42 U.S.C. 653a(h)) is amended by adding at the end the following new paragraph:

 (4)Veteran employmentThe Secretaries of Labor and of Veterans Affairs shall have access to information reported by employers pursuant to subsection (b) of this section for purposes of tracking employment of veterans..
			102.Pilot program for off-base transition training for veterans and spouses
 (a)Extension of pilot programSubsection (a) of section 301 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 10 U.S.C. 1144 note) is amended—
 (1)by striking During the two-year period beginning on the date of the enactment of this Act, the and inserting During the five-year period beginning on the date of the enactment of the Navy SEAL Chief Petty Officer William Bill Mulder (Ret.) Transition Improvement Act of 2018, the; and (2)by striking to assess the feasibility and advisability of providing such program to eligible individuals at locations other than military installations.
 (b)LocationsSubsection (c) of such section is amended— (1)in paragraph (1), by striking not less than three and not more than five States and inserting not less than 50 locations in States (as defined in section 101(20) of title 38, United States Code); and
 (2)in paragraph (2), by striking at least two and inserting at least 20. (c)Conforming repealSubsection (f) of such section is repealed.
				103.Grants for provision of transition assistance to members of the Armed Forces after separation,
			 retirement, or discharge
 (a)In generalThe Secretary of Veterans Affairs shall make grants to eligible organizations for the provision of transition assistance to members of the Armed Forces who are separated, retired, or discharged from the Armed Forces, and spouses of such members.
 (b)Use of fundsThe recipient of a grant under this section shall use the grant to provide to members of the Armed Forces and spouses described in subsection (a) resume assistance, interview training, job recruitment training, and related services leading directly to successful transition, as determined by the Secretary.
 (c)Eligible organizationsTo be eligible for a grant under this section, an organization shall submit to the Secretary an application containing such information and assurances as the Secretary, in consultation with the Secretary of Labor, may require.
 (d)Priority for hubs of servicesIn making grants under this section, the Secretary shall give priority to an organization that provides multiple forms of services described in subsection (b).
 (e)Amount of grantA grant under this section shall be in an amount that does not exceed 50 percent of the amount required by the organization to provide the services described in subsection (b).
 (f)DeadlineThe Secretary shall carry out this section not later than six months after the effective date of this Act.
 (g)TerminationThe authority to provide a grant under this section shall terminate on the date that is five years after the date on which the Secretary implements the grant program under this section.
 (h)Authorization of appropriationsThere is authorized to be appropriated $10,000,000 to carry out this section. 104.Study of community-based transition assistance programs for members of the Armed Forces after separation, retirement, or discharge (a)StudyThe Secretary of Veterans Affairs, in consultation with State entities that serve members of the Armed Forces who are retired, separated, or discharged from the Armed Forces, shall enter into an agreement with an appropriate non-Federal entity to carry out a study to identify community-based programs—
 (1)that provide transition assistance to such members; and (2)operated by nonprofit entities.
 (b)Transmission to membersThe Secretary of Veterans Affairs shall transmit the list of programs identified under this section to the Secretary of Defense so the Secretaries of the military departments may provide information in the list to members of the Armed Forces who participate in TAP.
 (c)Online publicationThe Secretary of Veterans Affairs shall publish the most recent version of the list of programs identified under this section on a public website of the Department of Veterans Affairs.
				105.One-year independent assessment of the effectiveness of TAP
 (a)Independent assessmentNot later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the covered officials, shall enter into an agreement with an appropriate entity with experience in adult education to carry out a one-year independent assessment of TAP, including—
 (1)the effectiveness of TAP for members of each military department during the entire military life cycle;
 (2)the appropriateness of the TAP career readiness standards; (3)a review of information that is provided to the Department of Veterans Affairs under TAP, including mental health data;
 (4)whether TAP effectively addresses the challenges veterans face entering the civilian workforce and in translating experience and skills from military service to the job market;
 (5)whether TAP effectively addresses the challenges faced by the families of veterans making the transition to civilian life;
 (6)appropriate metrics regarding TAP outcomes for members of the Armed Forces one year after separation, retirement, or discharge from the Armed Forces;
 (7)what the Secretary, in consultation with the covered officials, veterans service organizations, and organizations described in section 203(a) of this Act, determine to be successful outcomes for TAP;
 (8)whether members of the Armed Forces achieve successful outcomes for TAP, as determined under paragraph (7);
 (9)how the Secretary and the covered officials provide feedback to each other regarding such outcomes; (10)recommendations for the Secretaries of the military departments regarding how to improve outcomes for members of the Armed Forces after separation, retirement, and discharge; and
 (11)other topics the Secretary and the covered officials determine would aid members of the Armed Forces as they transition to civilian life.
 (b)ReportNot later than 90 days after the completion of the independent assessment under subsection (a), the Secretary and the covered officials, shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives and the Committees on Armed Services of the Senate and House of Representatives—
 (1)the findings and recommendations (including recommended legislation) of the independent assessment prepared by the entity described in subsection (a); and
 (2)responses of the Secretary and the covered officials to the findings and recommendations described in paragraph (1).
 (c)Covered officials definedIn this section, the term covered officials is comprised of— (1)the Secretary of Defense;
 (2)the Secretary of Labor; (3)the Administrator of the Small Business Administration; and
 (4)the Secretaries of the military departments. 106.Longitudinal study on changes to TAP (a)StudyNot later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretaries of Defense and Labor and the Administrator of the Small Business Administration, shall conduct a five-year longitudinal study regarding TAP on three separate cohorts of members of the Armed Forces who have separated from the Armed Forces, including—
 (1)a cohort that has attended TAP counseling as implemented on the date of the enactment of this Act; (2)a cohort that attends TAP counseling after the Secretaries of Defense and Labor implement changes recommended in the report under section 205(b) of this Act; and
 (3)a cohort that has not attended TAP counseling. (b)Progress reportsNot later than 90 days after the day that is one year after the date of the initiation of the study under subsection (a) and annually thereafter for the three subsequent years, the Secretaries of Veterans Affairs, Defense, and Labor, and the Administrator of the Small Business Administration, shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives and the Committees on Armed Services of the Senate and House of Representatives a progress report of activities under the study during the immediately preceding year.
 (c)Final reportNot later than 180 days after the completion of the study under subsection (a), the Secretaries of Veterans Affairs, Defense, and Labor, and the Administrator of the Small Business Administration, shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives and the Committees on Armed Services of the Senate and House of Representatives a report of final findings and recommendations based on the study.
 (d)ElementsThe final report under subsection (c) shall include information regarding the following: (1)The percentage of each cohort that received unemployment benefits during the study.
 (2)The numbers of months members of each cohort were employed during the study. (3)Annual starting and ending salaries of members of each cohort who were employed during the study.
 (4)How many members of each cohort enrolled in an institution of higher learning, as that term is defined in section 3452(f) of title 38, United States Code.
 (5)The academic credit hours, degrees, and certificates obtained by members of each cohort during the study.
 (6)The annual income of members of each cohort. (7)The total household income of members of each cohort.
 (8)How many members of each cohort own their principal residences. (9)How many dependents that members of each cohort have.
 (10)The percentage of each cohort that achieves a successful outcome for TAP, as determined under section 205(a)(6) of this Act.
 (11)Other criteria the Secretaries and the Administrator of the Small Business Administration determine appropriate.
					IIEducational Assistance
			201.Improvements to assistance for certain flight training and other programs of education
 (a)Use of entitlement for private pilot’s licensesSection 3034(d) of title 38, United States Code, is amended— (1)in paragraph (1) by striking the semicolon and inserting the following: and is required for the course of education being pursued (including with respect to a dual major, concentration, or other element of a degree); and;
 (2)by striking paragraph (2); and (3)by redesignating paragraph (3) as paragraph (2).
 (b)Accelerated payments for flight trainingSection 3313 of such title is amended by adding at the end the following new subsection:  (k)Accelerated payments for certain flight training (1)PaymentsAn individual enrolled in a program of education pursued at a vocational school or institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree) may elect to receive accelerated payments of amounts for tuition and fees determined under subsection (c). The amount of each accelerated payment shall be an amount equal to twice the amount for tuition and fee so determined under such subsection, but the total amount of such payments may not exceed the total amount of tuition and fees for the program of education. The amount of monthly stipends shall be determined in accordance with such subsection (c) and may not be accelerated under this paragraph.
 (2)Educational counselingAn individual may make an election under paragraph (1) only if the individual receives educational counseling under section 3697A(a) of this title.
 (3)Charge against entitlementThe number of months of entitlement charged an individual for accelerated payments made pursuant to paragraph (1) shall be determined at the rate of two months for each month in which such an accelerated payment is made..
 (c)Flight training at public institutionsSubsection (c)(1)(A) of such section 3313 is amended— (1)in clause (i)—
 (A)by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively; (B)by striking In the case of a program of education pursued at a public institution of higher learning and inserting (I) Subject to subclause (II), in the case of a program of education pursued at a public institution of higher learning not described in clause (ii)(II)(bb); and
 (C)by adding at the end the following new subclause:  (II)In determining the actual net cost for in-State tuition and fees pursuant to subclause (I), the Secretary may not pay for tuition and fees relating to flight training.; and
 (2)in clause (ii)— (A)in subclause (I), by redesignating items (aa) and (bb) as subitems (AA) and (BB), respectively;
 (B)in subclause (II), by redesignating items (aa) and (bb) as subitems (AA) and (BB), respectively; (C)by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively;
 (D)by striking In the case of a program of education pursued at a non-public or foreign institution of higher learning and inserting (I) In the case of a program of education described in subclause (II); and
 (E)by adding at the end the following new subclause:  (II)A program of education described in this subclause is any of the following:
 (aa)A program of education pursued at a non-public or foreign institution of higher learning. (bb)A program of education pursued at a public institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree)..
 (d)Certain programs of education carried out under contractSection 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsection (c)(2)(E), is amended by adding at the end the following new item:

 (cc)A program of education pursued at a public institution of higher learning in which the public institution of higher learning enters into a contract or agreement with an entity (other than another public institution of higher learning) to provide such program of education or a portion of such program of education..
				(e)Application
 (1)In generalExcept as provided by paragraph (2), the amendments made by this section shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date of the enactment of this Act.
 (2)Special rule for current studentsIn the case of an individual who, as of the date of the enactment of this Act, is using educational assistance under chapter 33 of title 38, United States Code, to pursue a course of education that includes a program of education described in item (bb) or (cc) of section 3313(c)(1)(A)(ii)(II) of title 38, United States Code, as added by subsections (c) and (d), respectively, the amendment made by such subsection shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after the date that is two years after the date of the enactment of this Act.
					202.Elimination of the period of eligibility for the Vocational Rehabilitation and Employment program
			 of the Department of Veterans Affairs
 (a)In generalSection 3103 of title 38, United States Code, is repealed. (b)Clerical amendmentThe table of sections at the beginning of chapter 31 of such title is amended by striking the item relating to section 3103.
 203.Educational assistance during extended school closures due to natural disastersSection 3680 of title 38, United States Code, is amended by adding at the end the following new subsection:

					(h)School closure during natural disasters
 (1)In generalAn individual described in paragraph (2) shall be entitled to a monthly stipend in the amount to which the individual would be entitled were the individual pursuing a course of education at an institution of higher education through resident training but for a school closure described under paragraph (4).
 (2)Individual describedAn individual described in this paragraph is an individual pursuing a course of education at an institution of higher education using educational assistance under chapter 32, 33, 34, or 35 of this title, who—
 (A)is forced to discontinue pursuing such course at such institution by reason of a school closure described under paragraph (4); and
 (B)opts to— (i)pursue that course of education solely by distance learning; or
 (ii)pursue an alternative course of education solely by distance learning. (3)DurationThe duration of the monthly stipends payable to an individual under paragraph (1) shall be the shorter of the following:
 (A)The period of time necessary to complete the quarter, semester, term or academic period during which the school closure described in paragraph (4) occurs.
 (B)Four months. (4)School closureA school closure described in this paragraph is the closure of an institution of higher education—
 (A)by reason of a natural disaster; (B)for a period of time that—
 (i)the institution confirms will last for four weeks or longer; or (ii)the institution describes as indefinite and that endures for a period of four weeks or longer; and
 (C)that the Secretary confirms is covered for purposes of this subsection. (5)Natural disaster definedIn this subsection, the term natural disaster means a specific weather event or earth process, including a hurricane, tornado, wildfire or forest fire, earthquake, avalanche, mudslide, hailstorm, thunderstorm, lightning storm, freeze, blizzard, sinkhole, or other disastrous event that occurs as a result of such an event or process, that the President or the governor of a State declares a natural disaster.
 (6)No charge to entitlementNo charge shall be made to the entitlement of any individual to educational assistance under chapter 32, 33, 34, or 35 of this title by reason of a payment under this subsection..

	Passed the House of Representatives July 24, 2018.Karen L. Haas,Clerk


109 HR 1024 IH: Zero Gravity, Zero Tax Act of 2005
U.S. House of Representatives
2005-03-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1024
IN THE HOUSE OF REPRESENTATIVES

March 1, 2005
Mr. Rohrabacher (for himself, Mr. Calvert, Ms. Harman, Mr. Weldon of Florida, and Mr. Lucas) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to provide tax incentives for investing in companies involved in space-related activities.

1.Short titleThis Act may be cited as the Zero Gravity, Zero Tax Act of 2005.
2.Exclusion of space-related income from gross income
(a)In generalPart III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139A the following new section:

139B.Space-related income
(a)General ruleGross income shall not include space-related income.
(b)Space-related income
(1)In generalFor purposes of this section, the term space-related income means—
(A)income derived from the sale by the taxpayer to an unrelated person of—
(i)any product or article which is produced by the taxpayer in outer space, and
(ii)any service provided by the taxpayer in or from outer space,
(B)income of an individual attributable to services performed in or from outer space by such individual in a trade or business, and
(C)any amount not described in subparagraph (A) or (B) which is interest, rent, royalty, or similar amount received with respect to production or service described in subparagraph (A) or (B).
(2)Exception for telecommunications services, etcParagraph (1)(A)(ii) shall not apply to—
(A)any telecommunications service provided from earth orbit,
(B)any service provided by a weather or other earth observation satellite, and
(C)any other service provided on or before the date of the enactment of this section of transporting property to or from outer space.
(3)Exception for wagesParagraph (1) shall not apply to wages (as defined in section 3401) received by any employee of an employer.
(4)Proportional allocation between space-based and earth-based activitiesIn the case of any product or article which is produced partly in space, space-related income shall be an amount which bears the same ratio to the amount of gross income attributable to the sale of such product or article as the expenses attributable to producing such product or article in space bears to the total expenses incurred in producing such product or article.
(5)ProducedFor purposes of this section, the term produced includes created, fabricated, developed, grown, manufactured, extracted, processed, cured, and aged.
(c)Exclusion from tariffs, etcAny product—
(1)which is manufactured in outer space, and
(2)which was—
(A)launched from, and returned to Earth, within the United States, or
(B)Manufactured at a facility in outer space which is owned by 1 or more United States persons, shall be exempt from all Federal excises, imposts, and duties and any other Federal tariffs.
(d)Phaseout of benefitsIn the case of a taxable year beginning after December 31, 2014, the amount excluded under subsection (a) shall be reduced (but not below zero) by x/10th’s of the amount excludable without regard to this subsection, where x is the number of years such taxable year is after the last taxable year beginning before January 1, 2015. A similar rule shall apply to the benefits under subsection (c)..
(b)Clerical amendmentThe table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139A the following new item:

Sec. 139B. Space-related income.
(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2005.
3.Credit for purchase of qualified space company stock
(a)In generalSubpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section:

45J.Space Company Investment Credit
(a)General ruleFor purposes of section 38, the space company investment credit determined under this section for any taxable year is the amount paid in the taxable year for the purchase of qualified stock in a qualified space company.
(b)Qualified space companyFor purposes of this section—
(1)In generalThe term qualified space company means a domestic C corporation if for the 3-taxable-year period ending with the taxable year immediately preceding the taxable year in which qualified stock is purchased—
(A)the average annual gross receipts of such entity does not exceed $100,000,000, and
(B)more than 70 percent of such gross receipts are derived from space-based business.
(2)Space-based businessThe term space-based business means a business whose gross receipts are substantially space-related income, as defined in section 139B(b).
(3)Aggregation rulesRules similar to the rules of section 1202(d)(3) shall apply.
(c)Qualified stockFor purposes of this section—
(1)In generalExcept as otherwise provided in this section, the term qualified stock means any stock in a domestic C corporation if—
(A)as of the date of issuance of such stock, such corporation is a qualified space company, and
(B)except as provided in subsections (f) and (h), such stock is acquired by the taxpayer at its original issue (directly or through an underwriter)—
(i)in exchange for money or other property (not including stock), or
(ii)as compensation for services provided to such corporation (other than services performed as an underwriter of such stock).
(2)Active business requirementStock in a corporation shall not be treated as qualified stock unless, during substantially all of the taxpayer’s holding period for such stock—
(A)such corporation meets active business requirements substantially similar to the requirements of section 1202(e), determined on the basis that the qualified trade or business is a space-based business, and
(B)such corporation is a C corporation.
(3)Certain purchase by corporation of its own stockRules similar to the rules of section 1202(c)(3) shall apply.
(e)RecaptureIf, during any taxable year ending with or within the 10-year period beginning on the date qualified stock was purchased by the taxpayer, the issuer of such stock ceases to a qualified space company, the tax under this chapter for such taxable year shall be increased by the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under subsection (a) with respect to such stock.
(f)TerminationThis section shall not apply to stock acquired after December 31, 2013..
(b)Credit allowed as part of general business creditSection 38(b) of such Code (defining current year business credit) is amended by striking plus at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting , plus, and by adding at the end the following new paragraph:

(20)space company investment credit determined under section 45I(a)..
(c)Conforming amendments
(1)Subsection (c) of section 196 of such Code is amended by striking and at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting , and, and by adding at the end the following new paragraph:

(13)the space company investment credit determined under section 45I(a)..
(2)The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:

Sec. 45J. Space Company Investment Credit.
(d)Effective dateThe amendments made by this section shall apply to costs paid or incurred in taxable years beginning after December 31, 2005.
4.Capital gains exclusion
(a)In generalPart I of subchapter P of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended by adding at the end the following new section:

1203.Exclusion for gains from sale or exchange of stock of qualified space corporations
(a)In generalGross income shall not include gain on the sale or exchange of any stock of a qualified space corporation.
(b)Qualified space corporationFor purposes of subsection (a), the term qualified space corporation means, with respect to any taxable year, a domestic corporation which is a C corporation if—
(1)such corporation is organized exclusively for providing to unrelated persons—
(A)any product or article which is produced (within the meaning of section 139B(b)(5)) by the corporation in outer space, or
(B)any service provided by the corporation in or from outer space, and
(2)At least 90 percent of the expenses of such corporation are attributable to the active conduct of a trade or business of providing a product, article, or service described in paragraph (1).Such term shall not include a corporation providing a service, product, or article described in section 139B(b)(2)..
(b)Clerical amendmentThe table of sections for part I of subchapter P of such Code is amended by adding at the end the following new item:

Sec. 1203. Exclusion for gains from sale or exchange of stock of qualified space corporations.
(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2005.


110 HR 5598 IH: To establish a program under which employing offices of

U.S. House of Representatives
2008-03-12
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
		110th CONGRESS
		2d Session
		H. R. 5598
		IN THE HOUSE OF REPRESENTATIVES

			March 12, 2008
			Mr. Clay introduced
			 the following bill; which was referred to the
			 Committee on House
			 Administration

		A BILL
		To establish a program under which employing offices of
		  the House of Representatives may agree to reimburse employees for child care
		  expenses, and for other purposes.

		1.Program to Reimburse House
			 Employees for Child Care Expenses
			(a)Establishment of
			 ProgramThe Chief
			 Administrative Officer of the House of Representatives shall establish a
			 program under which an employing office of the House of Representatives may
			 agree to have payments made from the applicable accounts of the House of
			 Representatives to reimburse employees of the office for child care expenses
			 incurred while the employees are carrying out official duties. For purposes of
			 this section, a Member of the House of Representatives shall not be considered
			 to be an employee of the House of Representatives.
			(b)Providers of
			 ServicesThe child care
			 expenses for which reimbursement may be made under the program established
			 under this section are expenses incurred at the House of Representatives Child
			 Care Center operated under section 312 of the Legislative Branch Appropriations
			 Act, 1992 (2 U.S.C. 2062) or at any other provider of child care services which
			 is licensed or regulated by the Federal government or a State or local
			 government.
			(c)Limit on Annual
			 Aggregate Payments for Employing OfficeThe aggregate amount of
			 the payments made under the program under this Act with respect to an employing
			 office during a year may not exceed an amount equal to—
				(1)2% of the amount
			 made available for salaries and expenses of the employing office for the year
			 (or, in the case of an employing office that is the office of a Member of the
			 House of Representatives, 2% of the average Members’ Representational Allowance
			 for all Member offices for the year); reduced by
				(2)the amount
			 expended during the year with respect to the employing office under the student
			 loan repayment program established under section 105 of the Legislative Branch
			 Appropriations Act, 2003 (2 U.S.C. 60c–6).
				(d)Member
			 DefinedIn this Act, the term Member of the House of
			 Representatives includes a Delegate or Resident Commissioner to the
			 Congress.
			2.Regulations
			(a)In
			 GeneralNot later than 180
			 days after the date of the enactment of this Act, the Committee on House
			 Administration of the House of Representatives shall promulgate such
			 regulations as may be necessary to carry out the program under this Act.
			(b)Use of Central
			 Account for PaymentsUnder the regulations promulgated by the
			 Committee on House Administration under subsection (a), the Chief
			 Administrative Officer shall establish and administer a central account from
			 the applicable accounts of the House of Representatives for making payments
			 under the program, and the payments will not be made from the budgets of
			 employing offices.
			3.Authorization of
			 AppropriationsThere are
			 authorized to be appropriated from the applicable accounts of the House of
			 Representatives such sums as may be necessary to carry out the program under
			 this Act during fiscal year 2009 and each succeeding fiscal year.
		4.Effective
			 DateThe program established
			 under this Act shall be in effect during the One Hundred Eleventh Congress and
			 each succeeding Congress.


		III
		111th CONGRESS
		1st Session
		S. RES. 5
		IN THE SENATE OF THE UNITED STATES

			January 6, 2009
			Mr. Vitter submitted the
			 following resolution; which was referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		RESOLUTION
		Expressing support for prayer at school
		  board meetings.

		Whereas the freedom to practice religion and to express
			 religious thought is acknowledged to be a fundamental and unalienable right
			 belonging to all individuals;
		Whereas the United States was founded on the principle of
			 freedom of religion and not freedom from religion;
		Whereas the framers intended that the first amendment to
			 the Constitution would prohibit the Federal Government from enacting any law
			 that favors one religious denomination over another, not prohibit any mention
			 of religion or reference to God in civic dialogue;
		Whereas in 1983, the Supreme Court held in Marsh v.
			 Chambers, 463 U.S. 783, that the practice of opening legislative sessions with
			 prayer has become part of the fabric of our society and invoking divine
			 guidance on a public body entrusted with making the laws is not a violation of
			 the Establishment Clause of the first amendment, but rather is simply a
			 tolerable acknowledgment of beliefs widely held among the people of the
			 Nation;
		Whereas voluntary prayer in elected bodies should not be
			 limited to prayer in State legislatures and Congress;
		Whereas school boards are deliberative bodies of adults
			 similar to a legislature in that they are elected by the people, act in the
			 public interest, and hold sessions that are open to the public for voluntary
			 attendance; and
		Whereas voluntary prayer by an elected body should be
			 protected under law and encouraged in society because voluntary prayer has
			 become a part of the fabric of our society, voluntary prayer acknowledges
			 beliefs widely held among the people of the Nation, and the Supreme Court has
			 held that it is not a violation of the Establishment Clause for a public body
			 to invoke divine guidance: Now, therefore, be it

		That the Senate—
			(1)recognizes that
			 prayer before school board meetings is a protected act in accordance with the
			 fundamental principles upon which the Nation was founded; and
			(2)expresses support
			 for the practice of prayer at the beginning of school board meetings.


		IIB
		111th CONGRESS
		1st Session
		H. R. 1842
		IN THE SENATE OF THE UNITED
		  STATES

			November 19, 2009
			Received; read twice and referred to the
			 Committee on Small Business and
			 Entrepreneurship

		AN ACT
		To amend the Small Business Act to improve
		  the Small Business Administration’s entrepreneurial development programs, and
		  for other purposes.

		1.Short titleThis Act may be cited as the
			 Expanding Entrepreneurship Act of
			 2009.
		2.Expanding entrepreneurshipSection 4 of the Small Business Act
			 (15 U.S.C.
			 633) is amended by adding at the end the following:

				(g)Management and direction
					(1)Plan for entrepreneurial development and
				job creation strategyThe
				Administrator shall develop and submit to Congress a plan, in consultation with
				a representative from each of the agency's entrepreneurial development
				programs, for using the Small Business Administration’s entrepreneurial
				development programs to create jobs during fiscal years 2010 and 2011. The plan
				shall include the Administration’s plan for drawing on existing programs,
				including Small Business Development Centers, Women’s Business Centers, SCORE,
				Veterans Business Centers, Native American Outreach, and other appropriate
				programs. The Administrator shall identify a strategy for each Administration
				region to create or retain jobs through Administration programs. The
				Administrator shall identify, in consultation with appropriate personnel from
				entrepreneurial development programs, performance measures and criteria,
				including job creation, job retention, and job retraining goals, to evaluate
				the success of the Administration’s actions regarding these efforts.
					(2)Data collection processThe Administrator shall, after notice and
				opportunity for comment, promulgate a rule to develop and implement a
				consistent data collection process to cover all entrepreneurial development
				programs. Such data collection process shall include data relating to job
				creation, performance, and any other data determined appropriate by the
				Administrator with respect to the Administration’s entrepreneurial development
				programs.
					(3)Coordination and Alignment of SBA
				Entrepreneurial Development ProgramsThe Administrator shall submit annually to
				Congress, in consultation with other Federal departments and agencies as
				appropriate, a report on opportunities to foster coordination, limit
				duplication, and improve program delivery for Federal entrepreneurial
				development programs.
					(4)Database of Entrepreneurial Development
				Service ProvidersThe
				Administrator shall, after a period of 60 days for public comment, establish a
				database of providers of entrepreneurial development services and, make such
				database available through the Administration’s Web site. The database shall be
				searchable by industry, geography, and service required.
					(5)Community SpecialistThe Administrator shall designate not less
				than one staff member in each Administration district office as a community
				specialist who has as their full-time responsibility working with local
				entrepreneurial development service providers to increase coordination with
				Federal resources. The Administrator shall develop benchmarks for measuring the
				performance of community specialists under this subsection.
					(6)Entrepreneurial Development
				PortalThe Administrator
				shall publish a design for a Web-based portal to provide comprehensive
				information on the Administration’s entrepreneurial development programs. After
				a period of 60 days for public comment, the Administrator shall establish such
				portal and—
						(A)integrate under one Web portal, Small
				Business Development Centers, Women's Business Centers, SCORE, Veterans
				Business Centers, the Administration’s distance learning program, and other
				programs as appropriate;
						(B)revise the Administration’s primary Web
				site so that the Web portal described in subparagraph (A) is available as a
				link on the main Web page of the Web site;
						(C)increase consumer-oriented content on the
				Administration’s Web site and focus on promoting access to business solutions,
				including marketing, financing, and human resources planning;
						(D)establish relevant Web content aggregated
				by industry segment, stage of business development, level of need, and include
				referral links to appropriate Administration services, including financing,
				training and counseling, and procurement assistance; and
						(E)provide style guidelines and links for
				visitors to the Administration’s Web site to be able to comment on and evaluate
				the materials in terms of their usefulness.
						(7)Pilot
				programsThe Administrator
				may not conduct any pilot program for a period of greater than 3 years if the
				program conflicts with, or uses the resources of, any of the entrepreneurial
				development programs authorized under section 8(b)(1)(B), 21, 29, 32, or any
				other provision of this
				Act.
					.

			Passed the House of
			 Representatives November 18, 2009.
			Lorraine C. Miller,
			Clerk.