105 HR 8800 IH: American Financial Markets Integrity and Security Act
U.S. House of Representatives
2020-11-20
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 CONGRESS2d SessionH. R. 8800IN THE HOUSE OF REPRESENTATIVESNovember 20, 2020Mr. Gallagher (for himself, Ms. Cheney, and Mr. Stewart) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committees on Foreign Affairs, Ways and Means, Armed Services, Education and Labor, Intelligence (Permanent Select), and Oversight and Reform, 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 concernedA BILLTo prohibit the trading of the securities of certain Communist Chinese military companies on a national securities exchange, and for other purposes.1.Short titleThis Act may be cited as the American Financial Markets Integrity and Security Act.2.Prohibitions relating to certain Communist Chinese military companies(a)DefinitionsIn this section:(1)CommissionThe term Commission means the Securities and Exchange Commission.(2)ControlThe term control has the meaning given the term in section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a–2(a)).(3)Covered entity(A)In generalThe term covered entity—(i)means an entity on—(I)the list of Communist Chinese military companies required by section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1701 note); or(II)the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of the title 15, Code of Federal Regulations; and(ii)includes a parent, subsidiary, or affiliate of, or an entity controlled by, an entity described in clause (i).(B)Grace periodFor the purposes of this Act, and the amendments made by this Act, an entity shall be considered to be a covered entity beginning on the date that is 1 year after the date on which the entity first qualifies under the applicable provision of subparagraph (A).(4)Exchange; securityThe terms exchange and security have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). (5)Insurance companyThe term insurance company has the meaning given the term in section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a–2(a)).(b)Prohibitions(1)Listing on exchangeBeginning on the date that is 1 year after the date of enactment of this Act, the Commission shall prohibit a covered entity from offering to sell or selling securities issued by the covered entity, including pursuant to an exemption to section 5 of the Securities Act of 1933 (15 U.S.C. 77e).(2)Investments; limitation on actions(A)In generalThe Investment Company Act of 1940 (15 U.S.C. 80a–1 et seq.) is amended—(i)in section 12(d) (15 U.S.C. 80a–12(d)), by adding at the end the following:(6)(A)It shall be unlawful for any investment company, or any person that would be an investment company but for the application of paragraph (1) or (7) of section 3(c), to invest in a covered entity.(B)In this paragraph, the term covered entity has the meaning given the term in section 2(a) of the American Financial Markets Integrity and Security Act.; and(ii)in section 13(c)(1)—(I)in subparagraph (A), by striking or at the end;(II)in subparagraph (B), by striking the period at the end and inserting or; and(III)by adding at the end the following:(C)are covered entities, as that term is defined in section 12(d)(6)(B)..(B)Effective dateThe amendments made by subparagraph (A) shall take effect on the date that is 1 year after the date of enactment of this Act.(3)Federal funds(A)In generalExcept as provided in subparagraph (B), on and after the date that is 180 days after the date of enactment of this Act, no Federal funds may be used to enter into, extend, or renew a contract or purchasing agreement with a covered entity.(B)WaiverThe head of a Federal agency may issue a national security waiver to the prohibition in subparagraph (A) for a period of not more than 2 years with respect to a covered entity if the agency head submits to Congress a notification that includes—(i)a written justification for the waiver; and(ii)a plan for a phase-out of the goods or services provided by the covered entity.(4)Investments by insurance companies(A)In generalOn and after the date of enactment of this Act, an insurance company shall not invest in a covered entity.(B)Certification of compliance(i)In generalEach insurance company shall, on an annual basis, submit to the Secretary of the Treasury a certification of compliance with subparagraph (A).(ii)Responsibilities of the SecretaryThe Secretary of the Treasury shall create a form for the submission required under clause (i) in such a manner that minimizes the reporting burden on an insurance company making the submission.(C)Sharing informationThe Secretary of the Treasury, acting through the Federal Insurance Office, shall share the information received under subparagraph (B) and coordinate verification of compliance with State insurance offices.(c)Qualified trusts, Etc(1)In generalSubsection (a) of section 401 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (38) the following new paragraph:(39)Prohibited investmentsA trust which is part of a plan shall not be treated as a qualified trust under this subsection unless the plan provides that no part of the plan's assets will be invested in any covered entity (as defined in section 12(d)(6)(B) of the Investment Company Act of 1940)..(2)IRAsParagraph (3) of section 408(a) of such Code is amended by striking contracts and inserting contracts or in any covered entity (as defined in section 12(d)(6)(B) of the Investment Company Act of 1940.(3)Fiduciary dutySection 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end the following new subsection:(f)Prohibited investmentsNo fiduciary shall cause any assets of a plan to be invested in any covered entity (as defined in section 12(d)(6)(B) of the Investment Company Act of 1940 (15 U.S.C. 80a–12(d)(6)(B)))..(4)Effective date(A)In generalExcept as provided in subparagraph (B), the amendments made by this subsection shall apply to plan years beginning after the date which is 180 days after the date of the enactment of this Act.(B)Plan amendmentsIf subparagraph (C) applies to any retirement plan or contract amendment—(i)such plan or contract shall not fail to be treated as being operated in accordance with the terms of the plan during the period described in subparagraph (C)(ii) solely because the plan operates in accordance with the amendments made by this subsection; and(ii)except as provided by the Secretary of the Treasury (or the Secretary’s delegate), such plan or contract shall not fail to meet the any requirements of the Internal Revenue Code of 1986 or the Employee Retirement Income Security Act of 1974 by reason of such amendment.(C)Amendments to which paragraph applies(i)In generalThis subparagraph shall apply to any amendment to any plan or annuity contract which—(I)is made pursuant to the provisions of this section; and(II)is made on or before the last day of the first plan year beginning on or after the date which is 2 years after the date of the enactment of this Act (4 years after such date of enactment, in the case of a governmental plan).(ii)ConditionsThis subparagraph shall not apply to any amendment unless—(I)during the period beginning on the date which is 180 days after the date of the enactment of this Act, and ending on the date described in subclause (I)(bb) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and(II)such plan or contract amendment applies retroactively for such period.(D)Subsequent amendmentsRules similar to the rules of subparagraphs (B) and (C) shall apply in the case of any amendment to any plan or annuity contract made pursuant to any update of the list of Communist Chinese military companies required by section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1701 note) which is made after the effective date of the amendments made by this subsection.3.Modification of requirements for list of Communist Chinese military companiesSection 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1701 note) is amended—(1)by striking paragraph (2) and inserting the following:(2)Revisions to the list(A)AdditionsThe Secretary of Defense, the Secretary of Commerce, or the Director of National Intelligence may add a person to the list required by paragraph (1) at any time.(B)RemovalsA person may be removed from the list required by paragraph (1) if the Secretary of Defense, the Secretary of Commerce, and the Director of National Intelligence agree to remove the person from the list.(C)Submission of updates to CongressNot later than February 1 of each year, the Secretary of Defense shall submit a version of the list required paragraph (1), updated to include any additions or removals under this paragraph, to the committees and officers specified in paragraph (1).;(2)by striking paragraph (3) and inserting the following:(3)ConsultationIn carrying out paragraphs (1) and (2), the Secretary of Defense, the Secretary of Commerce, and the Director of National Intelligence shall consult with each other, the Attorney General, and the Director of the Federal Bureau of Investigation.; and(3)in paragraph (4), by striking making the determination required by paragraph (1) and of carrying out paragraph (2) and inserting this section.4.Analysis of financial ambitions of the government of the people's republic of china(a)Analysis requiredThe Director of the Office of Commercial and Economic Analysis of the Air Force shall conduct an analysis of—(1)the strategic importance to the Government of the People’s Republic of China of inflows of United States dollars through capital markets to the People’s Republic of China;(2)the methods by which that Government seeks to manage such inflows;(3)how the inclusion of the securities of Chinese entities in stock or bond indexes affects such inflows and serves the financial ambitions of that Government; and(4)how the listing of the securities of Chinese entities on exchanges in the United States assists in—(A)meeting the strategic goals of that Government, including defense, surveillance, and intelligence goals; and(B)the fusion of the civilian and military components of that Government.(b)Submission to congressThe Director of the Office of Commercial and Economic Analysis of the Air Force shall submit to Congress a report—(1)setting forth the results of the analysis conducted under subsection (a); and(2)based on that analysis, making recommendations for best practices to mitigate any national security and economic risks to the United States relating to the financial ambitions of the Government of the People’s Republic of China.


113 S2036 IS: Keeping All Students Safe Act
U.S. Senate
2014-02-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II113th CONGRESS2d SessionS. 2036IN THE SENATE OF THE UNITED STATESFebruary 24, 2014Mr. Harkin (for himself, Mr. Murphy, and Ms. Ayotte) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo protect all school children against harmful and life-threatening seclusion and restraint
			 practices. 1.Short
			 titleThis Act may be cited as
			 the Keeping All Students Safe
			 Act.2.DefinitionsIn this Act:(1)Applicable
			 programThe term applicable program has the meaning
			 given the term in section 400(c)(1) of the General Education Provisions
			 Act (20
			 U.S.C. 1221(c)(1)).(2)Chemical
			 restraintThe term chemical restraint means a drug
			 or medication used on a student to control behavior or restrict freedom of
			 movement that is not—(A)prescribed by a
			 licensed physician, or other qualified health professional acting under
			 the
			 scope of the professional’s authority under State law, for the standard
			 treatment of a student’s medical or psychiatric condition; and(B)administered as
			 prescribed by the licensed physician or other qualified health
			 professional
			 acting under the scope of the professional’s authority under State law.(3)ESEA
			 definitionsThe terms—(A)Department,
			 educational service agency, elementary school,
			 local educational agency, parent, secondary
			 school, State, and State educational agency
			 have the meanings given such terms in section 9101 of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 7801); and(B)school
			 resource officer and school personnel have the meanings
			 given such terms in section 4151 of such Act (20 U.S.C. 7161).(4)Federal
			 financial assistanceThe term Federal financial
			 assistance means any grant, loan, contract (other than a procurement
			 contract or a contract of insurance or guaranty), or any other arrangement
			 by
			 which the Department provides or otherwise makes available assistance in
			 the
			 form of—(A)funds;(B)services of
			 Federal personnel; or(C)real and personal
			 property or any interest in or use of such property, including—(i)transfers or
			 leases of such property for less than fair market value or for reduced
			 consideration; and(ii)proceeds from a
			 subsequent transfer or lease of such property if the Federal share of its
			 fair
			 market value is not returned to the Federal Government.(5)Free
			 appropriate public educationFor those students eligible for
			 special education and related services under the Individuals with
			 Disabilities
			 Education Act (20 U.S.C. 1400 et seq.), the term free appropriate public
			 education has the meaning given the term in section 602 of such Act (20
			 U.S.C. 1401).(6)Mechanical
			 restraintThe term mechanical restraint—(A)has the meaning
			 given the term in section 595(d)(1) of the Public Health Service Act (42
			 U.S.C.
			 290jj(d)(1)), except that the meaning shall be applied by substituting
			 student's for resident's; and(B)does not mean
			 devices used by trained school personnel, or used by a student, for the
			 specific and approved therapeutic or safety purposes for which such
			 devices
			 were designed and, if applicable, prescribed, including—(i)restraints for
			 medical immobilization;(ii)adaptive devices
			 or mechanical supports used to allow greater freedom of mobility than
			 would be
			 possible without the use of such devices or mechanical supports; or(iii)vehicle safety
			 restraints when used as intended during the transport of a student in a
			 moving
			 vehicle.(7)Physical
			 escortThe term physical escort means the temporary
			 touching or holding of the hand, wrist, arm, shoulder, waist, hip, or back
			 for
			 the purpose of inducing a student to move to a safe location.(8)Physical
			 restraintThe term physical restraint means a
			 personal restriction that immobilizes or reduces the ability of an
			 individual
			 to move the individual's arms, legs, body, or head freely. Such term does
			 not
			 include a physical escort, mechanical restraint, or chemical restraint.(9)Positive
			 behavioral interventions and supportsThe term positive
			 behavioral interventions and supports—(A)means a
			 school-wide systematic approach to embed evidence-based practices and
			 data-driven decisionmaking to improve school climate and culture in order
			 to
			 achieve improved academic and social outcomes, and increase learning for
			 all
			 students, including those with the most complex and intensive behavioral
			 needs;
			 and(B)encompasses a
			 range of systemic and individualized positive strategies to reinforce
			 desired
			 behaviors, diminish reoccurrence of challenging behaviors, and teach
			 appropriate behaviors to students.(10)Protection and
			 advocacy systemThe term protection and advocacy
			 system means a protection and advocacy system established under subtitle
			 C of title I of the Developmental Disabilities Assistance and Bill of
			 Rights
			 Act of 2000 (42 U.S.C. 15041 et seq.).(11)SeclusionThe
			 term seclusion—(A)means the isolation of a student in a room,
			 enclosure, or space that is—(i)locked; or(ii)unlocked and the
			 student is prevented from leaving; and(B)does not include a time out.(12)SecretaryThe
			 term Secretary means the Secretary of Education, and, where
			 appropriate, the Secretary of the Interior and the Secretary of Defense.(13)State-approved
			 crisis intervention training programThe term
			 State-approved crisis intervention training program means a
			 training program proposed by a local educational agency and approved by a
			 State that, at a minimum, provides training
			 in
			 evidence-based practices shown to be effective—(A)in the prevention
			 of the use of physical restraint;(B)in keeping both
			 school personnel and students safe in imposing physical restraint in a
			 manner
			 consistent with this Act;(C)in the use of
			 data-based decisionmaking and evidence-based positive behavioral
			 interventions
			 and supports, safe physical escort, conflict prevention, behavioral
			 antecedents, functional behavioral assessments, de-escalation of
			 challenging
			 behaviors, and conflict management;(D)in first aid,
			 including the signs of medical distress, and cardiopulmonary
			 resuscitation;
			 and(E)certification for
			 school personnel in the practices and skills described in subparagraphs
			 (A)
			 through (D), which shall be required to be renewed on a periodic basis.(14)StudentThe
			 term student means a student who—(A)is enrolled in a
			 public school;(B)is enrolled in a
			 private school and is receiving a free appropriate public education at the
			 school under subparagraph (B) or (C) of section 612(a)(10) of the
			 Individuals
			 with Disabilities Education Act (20 U.S.C. 1412(a)(10)(B), (C));(C)is enrolled in a
			 Head Start or Early Head Start program supported under the Head Start Act
			 (42
			 U.S.C. 9831); or(D)receives services
			 under section 619 or part C of the Individuals with Disabilities Education
			 Act
			 (20 U.S.C. 1419, 1431 et seq.).(15)Time outThe term time out means a behavior management technique that may involve the separation of the student from the
			 group, in a non-locked setting, for the purpose of calming. Time out is
			 not seclusion.3.PurposeThe purposes of this Act are—(1)to promote the
			 development of effective intervention and prevention practices that do not
			 use
			 restraints and seclusion;(2)to protect all students from physical or
			 mental abuse, aversive behavioral interventions that compromise health and
			 safety, and any restraint imposed for purposes of coercion, discipline or
			 convenience, or as a substitute for appropriate educational or positive
			 behavioral interventions and supports;(3)to ensure that staff are safe from the harm
			 that can occur from inexpertly using restraints; and(4)to ensure the safety of all students and
			 school personnel and promote positive school culture and climate.4.Minimum
			 standards; rule of constructionEach State and local educational agency
			 receiving Federal financial assistance shall have in place policies that
			 are
			 consistent with the following:(1)Prohibition of
			 certain actionSchool personnel, contractors, and resource
			 officers are prohibited from imposing on any student—(A)seclusion;(B)mechanical
			 restraint;(C)chemical
			 restraint;(D)aversive
			 behavioral interventions that compromise health and safety;(E)physical
			 restraint that is life-threatening, including physical restraint that
			 restricts
			 breathing; and(F)physical
			 restraint if contraindicated based on the student’s disability, health
			 care
			 needs, or medical or psychiatric condition, as documented in a health care
			 directive or medical management plan, a behavior intervention plan, an
			 individualized education program or an individualized family service plan
			 (as
			 defined in section 602 of the Individuals with Disabilities Education Act
			 (20
			 U.S.C. 1401)), or plan developed pursuant to section 504 of the
			 Rehabilitation
			 Act of 1973 (29 U.S.C. 794), or other relevant record made available to
			 the
			 State or local educational agency.(2)Physical
			 restraint(A)In
			 generalPhysical restraint may only be implemented if—(i)the
			 student’s behavior poses immediate danger of serious physical harm to
			 self
			 or others;(ii)the physical
			 restraint does not interfere with the student’s ability to communicate in
			 the
			 student's primary language or mode of communication; and(iii)less
			 restrictive interventions have been ineffective in stopping the immediate
			 danger of serious physical harm to the student or others, except in a case
			 of a
			 rare and clearly unavoidable emergency circumstance posing immediate
			 danger
			 of
			 serious physical harm.(B)Least amount of
			 force necessaryWhen implementing a physical restraint, staff
			 shall use only the amount of force necessary to protect the student or
			 others
			 from the threatened injury.(C)End of physical
			 restraintThe use of physical restraint shall end when—(i)a
			 medical condition occurs putting the student at risk of harm;(ii)the student’s
			 behavior no longer poses immediate danger of serious physical harm to
			 the
			 student or others; or(iii)less
			 restrictive interventions would be effective in stopping such immediate
			 danger
			 of serious physical harm.(D)Qualifications
			 of individuals engaging in physical restraintSchool personnel
			 imposing physical restraint in accordance with this subsection shall—(i)be
			 trained and certified by a State-approved crisis intervention training
			 program,
			 except in the case of rare and clearly unavoidable emergency circumstances
			 when
			 school personnel trained and certified are not immediately available due
			 to the
			 unforeseeable nature of the emergency circumstance;(ii)engage in
			 continuous face-to-face monitoring of the student; and(iii)be trained in
			 State and school policies and procedures regarding restraint and
			 seclusion.(E)Prohibition on
			 use of physical restraint as planned intervention(i)In generalExcept as provided in clause (ii), the use of
			 physical restraints as a planned intervention shall not be written into a
			 student’s education plan, individual safety plan, plan developed pursuant
			 to
			 section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
			 individualized
			 education program or individualized family service plan (as defined in
			 section
			 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)),
			 or
			 any other planning document for an individual student.(ii)ExceptionThe use of
			 physical restraints as a planned intervention may be written into a
			 student’s individualized education program, individual safety plan, or
			 plan developed pursuant to section 504 of the Rehabilitation Act of 1973
			 (29 U.S.C. 794) if State law allows for the use
			 of physical restraint as part of such program or plan, as
			 agreed upon by school personnel, the family of the student, and the
			 individualized education program committee if such individuals—
						(I)have considered less restrictive means to address behavioral concerns that would meet
			 the emergency standard described in subparagraph (A) and, when using such
			 physical restraints in an emergency, meet the conditions described in
			 subparagraphs (B), (C), and (D); and(II)have conducted a research-based, individualized functional behavioral analysis and implemented a
			 corresponding positive intervention plan based on such functional
			 behavioral analysis that—(aa)addresses preventative measures used to reduce or  prevent emergencies; and(bb)is written into the student’s individualized education program, individual safety plan, or
			 plan developed pursuant to section 504 of the Rehabilitation Act of 1973
			 (29 U.S.C. 794).(3)Other
			 policies(A)In
			 generalThe State or local educational agency, and each school
			 and educational program served by the State or local educational agency
			 shall—(i)establish
			 policies and procedures that ensure school personnel and parents,
			 including
			 private school personnel and parents, are aware of the State, local
			 educational
			 agency, and school's policies and procedures regarding seclusion and
			 restraint;(ii)establish
			 policies and procedures to keep all students, including students with the
			 most
			 complex and intensive behavioral needs, and school personnel safe;(iii)establish
			 policies and procedures for planning for the appropriate use of restraint
			 in
			 crisis situations in accordance with this Act by a team of professionals
			 trained in accordance with a State-approved crisis intervention training
			 program; and(iv)establish
			 policies and procedures to be followed after each incident involving the
			 imposition of physical restraint upon a student, including—(I)procedures to
			 provide to the parent of the student, with respect to each such
			 incident—(aa)a
			 verbal or electronic communication on the same day as each such incident;
			 and(bb)within 24 hours
			 of each such incident, written notification; and(II)after the
			 imposition of physical restraint upon a student, procedures to ensure
			 that—(aa)the person who imposed the restraint, the immediate adult witnesses, a representative of the
			 administration, a school mental health professional, and at least 1 family
			 member of the student	participate in a debriefing session; and(bb)the student who was restrained is given the opportunity to discuss the student's perspective about
			 the event with a trusted adult who will communicate to the debriefing
			 session group.(B)Debriefing
			 session(i)In
			 general(I)TimingThe debriefing session described in subparagraph
			 (A)(iv)(II) shall occur as soon as practicable, but not later than 5
			 school
			 days following the imposition of physical restraint unless it is delayed
			 by
			 written mutual agreement of the parent and school.(II)Observations by school personnelEach adult witness in the proximity of the student immediately before and during the time of the
			 physical restraint but not directly involved shall submit the
			 witness's observations in writing for the debriefing session.(III)Parental legal rightsParents shall retain
			 their
			 full legal rights for children under the age of majority concerning
			 participation in the debriefing or other matters.(ii)Content of
			 sessionThe debriefing session described in subparagraph
			 (A)(iv)(II) shall include—(I)identification of
			 antecedents to the physical restraint;(II)consideration of
			 relevant information in the student’s records, and such information from
			 teachers, other professionals, the parent, and student;(III)planning to
			 prevent and reduce reoccurrence of the use of physical restraint,
			 including
			 consideration of the results of any functional behavioral assessments,
			 whether
			 positive behavior plans were implemented with fidelity, recommendations of
			 appropriate positive behavioral interventions and supports to assist
			 personnel
			 responsible for the student’s educational plan, the individualized
			 education
			 program for the student, if applicable, and plans providing for reasonable
			 accommodations under section 504 of the Rehabilitation Act of 1973 (29
			 U.S.C.
			 794);(IV)a plan to have a
			 functional behavioral assessment conducted, reviewed, or revised by
			 qualified
			 professionals, the parent, and the student; and(V)for any student
			 not identified as eligible to receive accommodations under section 504 of
			 the
			 Rehabilitation Act of 1973 (29 U.S.C. 794) or services under the
			 Individuals
			 with Disabilities Education Act (20 U.S.C. 1400 et seq.), evidence of such
			 a
			 referral or documentation of the basis for declining to refer the
			 student.(iii)Communication
			 by the studentWhen a student attends a debriefing session
			 described in subparagraph (A)(iv)(II), information communicated by the
			 student
			 may not be used against the student in any disciplinary, criminal, or
			 civil
			 investigation or proceeding.(4)Notification in
			 writing on death or bodily injuryIn a case in which bodily injury or death of a student occurs in conjunction with the use of
			 physical restraint or any intervention used to control behavior, there are
			 procedures to notify, in writing, within 24 hours after such injury or
			 death
			 occurs—(A)the State
			 educational agency and local educational agency;(B)local law
			 enforcement; and(C)a protection and
			 advocacy system, in the case of a student who is eligible for services
			 from the
			 protection and advocacy system.(5)Prohibition
			 against retaliationThe State or local educational agency, each
			 school and educational program served by the State or local educational
			 agency,
			 and school personnel of such school or program shall not retaliate against
			 any
			 person for having—(A)reported a
			 violation of this section or Federal or State regulations or policies
			 promulgated to carry out this section; or(B)provided
			 information regarding a violation of this section or Federal or State
			 regulations or policies promulgated to carry out this section.5.Interactions; Rules of construction(a)Rules of
			 construction(1)Rights and remedies of students and parentsNothing in this
			 Act shall be construed to restrict or limit, or allow the Secretary to
			 restrict
			 or limit, any other rights or remedies otherwise available to students or
			 parents under Federal or State law (including regulations) or to restrict
			 or
			 limit stronger restrictions on the use of restraint, seclusion, or
			 aversives in
			 Federal or State law (including regulations) or in State policies.(2)Restrictions on secretarial prohibitionsNothing in this Act shall be construed to authorize the Secretary to promulgate regulations
			 prohibiting the use of—(A)time outs; or(B)devices implemented by trained school personnel, or utilized by a student, for the specific and
			 approved therapeutic or safety purposes for which such devices were
			 designed and, if applicable, prescribed, including—(i)restraints for medical immobilization;(ii)adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment
			 to allow greater freedom of mobility than would be possible without the
			 use of such devices or mechanical supports; or(iii)vehicle safety restraints when used as intended during the transport of students in a moving
			 vehicle.(b)Denial of a
			 free appropriate public educationFailure to meet the minimum standards of
			 this Act as applied to an individual child eligible for accommodations
			 developed pursuant to section 504 of the Rehabilitation Act of 1973 (29
			 U.S.C.
			 794) or for education or related services under the Individuals with
			 Disabilities Education Act (20 U.S.C. 1400 et seq.) shall constitute a
			 denial
			 of a free appropriate public education.(c)Exhaustion of due process(1)In generalA student may file a civil action under the Constitution, the Americans with Disabilities Act of
			 1990 (42 U.S.C. 12101 et seq.), title V of the
			 Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.), or other applicable
			 Federal law in the case of the use of seclusion or restraint in violation
			 of this Act seeking relief from the use of
			 seclusion or restraint with respect of such student.(2)NonapplicabilitySection 615(l) of the Individuals
			 with Disabilities Education Act (20 U.S.C. 1415(l)) shall not apply to an
			 action filed pursuant to paragraph (1).6.Report
			 requirements(a)In
			 generalEach State
			 educational agency shall (in compliance with the requirements of section
			 444 of
			 the General Education Provisions Act (commonly known as the Family
			 Educational Rights and Privacy Act of 1974) (20 U.S.C. 1232g)) prepare
			 and submit to the Secretary, and make available to the public, a report
			 with
			 respect to each local educational agency, and each school not under the
			 jurisdiction of a local educational agency, located in the same State as
			 such
			 State educational agency that includes the following information:(1)The total number
			 of incidents in which physical restraint was imposed upon a student in the
			 preceding full academic year.(2)The information
			 described in paragraph (1) shall be disaggregated—(A)by the total
			 number of incidents in which physical restraint was imposed upon a
			 student—(i)that resulted in
			 injury to students or school personnel, or both;(ii)that resulted in
			 death; and(iii)in which the
			 school personnel imposing physical restraint were not trained and
			 certified as
			 described in section 4(2)(D)(i); and(B)by the
			 demographic characteristics of all students upon whom physical restraint
			 was
			 imposed, including—(i)the
			 subcategories identified in section 1111(h)(1)(C)(i) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i));(ii)age; and(iii)disability
			 category.(b)Unduplicated
			 count; exceptionThe disaggregation required under subsection (a)
			 shall—(1)be carried out in
			 a manner to ensure an unduplicated count of the total number of incidents
			 in
			 the preceding full academic year in which physical restraint was imposed
			 upon a
			 student; and(2)not be required
			 in a case in which the number of students in a category would reveal
			 personally
			 identifiable information about an individual student.7.Grant
			 authority(a)In
			 generalFrom the amount
			 appropriated under section 10, the Secretary may award grants to State
			 educational agencies to assist in—(1)establishing,
			 implementing, and enforcing the policies and procedures to meet the
			 minimum
			 standards described in this Act;(2)improving State
			 and local capacity to collect and analyze data related to physical
			 restraint;
			 and(3)improving school
			 climate and culture by implementing school-wide positive behavioral
			 interventions and supports.(b)Duration of
			 grantA grant under this section shall be awarded to a State
			 educational agency for a 3-year period.(c)ApplicationEach
			 State educational agency desiring a grant under this section shall submit
			 an
			 application to the Secretary at such time, in such manner, and accompanied
			 by
			 such information as the Secretary may require, including information on
			 how the
			 State educational agency will target resources to schools and local
			 educational
			 agencies in need of assistance related to preventing and reducing physical
			 restraint.(d)Authority To
			 make subgrants(1)In
			 generalA State educational agency receiving a grant under this
			 section may use such grant funds to award subgrants, on a competitive
			 basis, to
			 local educational agencies.(2)ApplicationA
			 local educational agency desiring to receive a subgrant under this section
			 shall submit an application to the applicable State educational agency at
			 such
			 time, in such manner, and containing such information as the State
			 educational
			 agency may require.(e)Private school
			 participation(1)In
			 generalA State educational agency receiving grant funds under
			 this section shall, after timely and meaningful consultation with
			 appropriate
			 private school officials, ensure that private school personnel can
			 participate,
			 on an equitable basis, in activities supported by grant or subgrant
			 funds.(2)Public control
			 of fundsThe control of funds provided under this section, and
			 title to materials, equipment, and property with such funds, shall be in a
			 public agency and a public agency shall administer such funds, materials,
			 equipment, and property.(f)Required
			 activitiesA State educational agency receiving a grant, or a
			 local educational agency receiving a subgrant, under this section shall
			 use
			 such grant or subgrant funds to carry out the following:(1)Researching,
			 developing, implementing, and evaluating evidence-based strategies,
			 policies,
			 and procedures to reduce and prevent physical restraint in schools,
			 consistent
			 with the minimum standards described in this Act.(2)Providing
			 professional development, training, and certification for school personnel
			 to
			 meet such standards.(g)Additional
			 authorized activitiesIn addition to the required activities
			 described in subsection (f), a State educational agency receiving a grant,
			 or a
			 local educational agency receiving a subgrant, under this section may use
			 such
			 grant or subgrant funds for one  or more of the following:(1)Developing and
			 implementing a high-quality professional development and training program
			 to
			 implement evidence-based systematic approaches to school-wide positive
			 behavioral interventions and supports, including improving coaching,
			 facilitation, and training capacity for administrators, teachers,
			 specialized
			 instructional support personnel, and other staff.(2)Providing
			 technical assistance to develop and implement evidence-based systematic
			 approaches to school-wide positive behavioral interventions and supports,
			 including technical assistance for data-driven decisionmaking related to
			 positive behavioral interventions and supports in the classroom.(3)Researching,
			 evaluating, and disseminating high-quality evidence-based programs and
			 activities that implement school-wide positive behavioral interventions
			 and
			 supports with fidelity.(4)Supporting other
			 local positive behavioral interventions and supports implementation
			 activities
			 consistent with this subsection.(h)Evaluation and
			 reportEach State educational agency receiving a grant under this
			 section shall, at the end of the 3-year grant period for such grant—(1)evaluate the
			 State’s progress toward the prevention and reduction of physical restraint
			 in
			 the schools located in the State, consistent with the minimum standards;
			 and(2)submit to the
			 Secretary a report on such progress.8.Enforcement(a)Use of
			 remediesIf a State
			 educational agency fails to comply with the requirements under this Act,
			 the
			 Secretary shall—(1)withhold, in
			 whole or in part, further payments under an applicable program in
			 accordance
			 with section 455 of the General Education Provisions Act (20 U.S.C.
			 1234d);(2)require a State
			 or local educational agency to submit, and implement, within 1 year of
			 such
			 failure to comply, a corrective plan of action, which may include
			 redirection
			 of funds received under an applicable program;(3)issue a complaint
			 to compel compliance of the State or local educational agency through a
			 cease
			 and desist order, in the same manner the Secretary is authorized to take
			 such
			 action under section 456 of the General Education Provisions Act (20
			 U.S.C.
			 1234e); or(4)refer the State
			 to the Department of Justice or Department of Education Office of Civil
			 Rights
			 for an investigation.(b)Cessation of
			 withholding of fundsWhenever the Secretary determines (whether
			 by certification or other appropriate evidence) that a State or local
			 educational agency that is subject to the withholding of payments under
			 subsection (a)(1) has cured the failure providing the basis for the
			 withholding
			 of payments, the Secretary shall cease the withholding of payments with
			 respect
			 to the State educational agency under such subsection.9.Applicability(a)Private schoolsNothing in this Act shall be construed to affect any private school that does not receive, or does
			 not serve students who receive, support in any form from any program
			 supported, in whole or in part, with funds provided by the Department of
			 Education.(b)Home schoolsNothing in this Act shall be construed to—(1)affect a home school, whether or not a home school is treated as a private school or home school
			 under State law; or(2)consider a parent who is schooling a child at home as school personnel.10.Authorization of
			 appropriationsThere are
			 authorized to be appropriated such sums as may be necessary to carry out
			 this
			 Act for fiscal year 2015 and each of the 4 succeeding fiscal years.


116 S2750 RS: Operation Stonegarden Authorization Act
U.S. Senate
2019-10-30
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.

IICalendar No. 410116th CONGRESS2d SessionS. 2750[Report No. 116–212]IN THE SENATE OF THE UNITED STATESOctober 30, 2019Ms. McSally (for herself, Mr. Jones, and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsFebruary 4, 2020Reported by Mr. Johnson, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo amend the Homeland Security Act of 2002 to authorize the Operation Stonegarden grant program,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Operation Stonegarden Authorization Act. 2.Operation Stonegarden (a)In generalSubtitle A of title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the following:

					2009.Operation Stonegarden
 (a)EstablishmentThere is established in the Department a program, which shall be known as Operation Stonegarden, under which the Secretary, acting through the Administrator, shall make grants to eligible law enforcement agencies to enhance border security in accordance with this section.
 (b)Eligible recipientsA law enforcement agency is eligible to receive a grant under this section if the agency— (1)is located in—
 (A)a State bordering Canada or Mexico; or (B)a State or territory with a maritime border; and
 (2)is involved in an active, ongoing, U.S. Customs and Border Protection operation coordinated through a U.S. Border Patrol sector office.
 (c)Permitted usesGrant funds received under this section may be used by the grant recipient for— (1)equipment, including maintenance and sustainment costs;
 (2)personnel, including overtime and backfill, in support of enhanced border law enforcement activities;
 (3)any activity permitted for Operation Stonegarden under the Department of Homeland Security’s most recent Homeland Security Grant Program Notice of Funding Opportunity; and
 (4)any other appropriate activity, as determined by the Administrator, in consultation with the Commissioner of U.S. Customs and Border Protection.
 (d)Period of performanceThe Secretary shall award grants under this section to grant recipients for a period of not less than 36 months.
 (e)ReportThe Administrator shall submit a report, for each of the fiscal years 2020 through 2024, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that contains information on the expenditure of grants made under this section by each grant recipient.
 (f)Authorization of appropriationsThere is authorized to be appropriated $110,000,000 for each of the fiscal years 2020 through 2024 for grants under this section..
 (b)Conforming amendmentSection 2002(a) of the Homeland Security Act of 2002 (6 U.S.C. 603(a)) is amended to read as follows:

 (a)Grants authorizedThe Secretary, through the Administrator, may award grants under sections 2003, 2004, and 2009 to State, local, and tribal governments, as appropriate..
 (c)Clerical amendmentThe table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2008 the following:
				Sec. 2009. Operation Stonegarden..

 1.Short titleThis Act may be cited as the Operation Stonegarden Authorization Act. 2.Operation Stonegarden (a)In generalSubtitle A of title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the following:

					2009.Operation Stonegarden
 (a)EstablishmentThere is established in the Department a program, which shall be known as Operation Stonegarden, under which the Secretary may award grants to States that border Canada or Mexico, States with an international maritime border, and eligible law enforcement agencies for the purpose of enhancing border security.
 (b)Eligible law enforcement agenciesA law enforcement agency is eligible to receive a grant under this section if the agency, either directly or through the State in which agency is located, if the agency—
 (1)is located in— (A)a State bordering Canada or Mexico; or
 (B)a State or territory with an international maritime border; and (2)is involved in an active, ongoing, U.S. Customs and Border Protection operation coordinated through a sector office.
 (c)Permitted usesGrant funds received under this section may be used by a State or an eligible law enforcement agency for—
 (1)equipment, including maintenance and sustainment costs; (2)personnel, including overtime and backfill for law enforcement personnel or non-law enforcement personnel who support enhanced border law enforcement activities;
 (3)allowable and approved personnel costs, including salaries, fringe benefits, overtime and backfill for dedicated intelligence analysts supporting Operation Stonegarden operations in support of enhanced border law enforcement activities
 (4)any activity permitted for Operation Stonegarden under— (A)the Department of Homeland Security’s most recent Homeland Security Grant Program Notice of Funding Opportunity; or
 (B)the Federal Emergency Management Agency’s Preparedness Grants Manual; and (5)any other appropriate activity, as determined by the Secretary.
 (d)Period of performanceThe Secretary may award grants under this section to grant recipients for a period of not less than 36 months.
 (e)Collection of informationFor any fiscal year beginning on or after the date that is 30 days after the date of the enactment of the Operation Stonegarden Authorization Act for which grants are made under Operation Stonegarden, the Administrator shall separately collect and maintain financial information with respect to grants awarded under Operation Stonegarden, including—
 (1)the amount of the awards; (2)the amount obligated for the awards;
 (3)the amount of outlays under the awards; (4)financial plans with respect to the use of the awards;
 (5)any funding transfers or reallocations; and (6)any adjustments to spending plans or reprogramming.
							(f)Administrator oversight
 (1)In generalThe Administrator shall establish and implement guidelines— (A)to ensure that amounts made available under Operation Stonegarden are used in accordance with grant guidance and applicable Federal laws;
 (B)to increase the proportion of each grant made under Operation Stonegarden that is used for operational expenses by the ultimate grantee;
 (C)to improve program performance reporting and program performance measurements to facilitate designing, implementing, and enforcing procedures under Operation Stonegarden; and
 (D)to require the recording of standardized performance data regarding program output. (2)SubmissionNot later than 90 days after the date of the enactment of the Operation Stonegarden Authorization Act, the Administrator shall submit the guidelines established under paragraph (1) to—
 (A)the Committee on Homeland Security and Governmental Affairs of the Senate; (B)the Committee on Homeland Security of the House of Representatives; and
 (C)the Committee on Oversight and Reform of the House of Representatives. (g)Financial review guidelines (1)In generalThe Administrator, in coordination with the Commissioner of U.S. Customs and Border Protection, shall develop and implement guidelines establishing procedures for implementing the auditing and reporting requirements set forth in section 2022 with respect to Operation Stonegarden.
 (2)SubmissionNot later than 90 days after the date of the enactment of the Operation Stonegarden Authorization Act, the Administrator shall submit the guidelines developed under paragraph (1) to the congressional committees listed under subsection (f)(2).
 (h)Report and briefingDuring each of the fiscal years 2020 through 2024, the Administrator, in coordination with the Commissioner of U.S. Customs and Border Protection, shall submit a report and provide a briefing to the congressional committees listed under subsection (f)(2) that includes, for the period covered by the report—
 (1)information on how each recipient of a grant under Operation Stonegarden expended amounts received under the grant;
 (2)information regarding the nature of operations carried out using amounts made available under Operation Stonegarden; and
 (3)in the first report submitted under this subsection— (A)an examination of the effects changing Operation Stonegarden to award multi-year grants would have on its mission; and
 (B)the findings and recommendations of the Administrator regarding what changes could improve Operation Stonegarden, which may include feedback from grant recipients.
 (i)Authorization of appropriationsThere is authorized to be appropriated $110,000,000 for each of the fiscal years 2020 through 2024 for grants under this section..
 (b)Conforming amendmentSection 2002(a) of the Homeland Security Act of 2002 (6 U.S.C. 603(a)) is amended to read as follows:

 (a)Grants authorizedThe Secretary may award grants under sections 2003, 2004, and 2009 to State, tribal, territorial, and local governments, as appropriate..
 (c)Clerical amendmentThe table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2008 the following:
				Sec. 2009. Operation Stonegarden..February 4, 2020Reported with an amendment


		I
		111th CONGRESS
		2d Session
		H. R. 4647
		IN THE HOUSE OF REPRESENTATIVES

			February 23, 2010
			Mr. McMahon (for
			 himself, Ms. Berkley,
			 Mr. Klein of Florida,
			 Mr. Weiner, and
			 Ms. Jackson Lee of Texas) introduced
			 the following bill; which was referred to the
			 Committee on Foreign
			 Affairs, and in addition to the Committees on
			 Financial Services,
			 Ways and Means, 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 impose sanctions on persons who are complicit in human
		  rights abuses committed against citizens of Iran or their family members after
		  the June 12, 2009, elections in Iran, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Iran Human Rights Sanctions
			 Act.
		2.FindingsCongress makes the following
			 findings:
			(1)Iran voted in the
			 United Nations General Assembly on December 10, 1948, to adopt the Universal
			 Declaration of Human Rights, thereby committing to guarantee the life,
			 liberty, and security of person of all people and rejecting
			 cruel, inhuman, or degrading treatment or punishment.
			(2)The Constitution
			 of the Islamic Republic of Iran guarantees certain human rights and fundamental
			 freedoms, including political and civil rights, along with economic, social,
			 and cultural rights, including a prohibition on torture and a guarantee of
			 sentencing according to the law.
			(3)The Islamic
			 Republic of Iran is a party to 4 major United Nations human rights treaties:
			 the Convention on the Rights of the Child (which it ratified on July 13, 1994),
			 the International Convention on the Elimination of All Forms of Racial
			 Discrimination (which it ratified on August 29, 1968), and the International
			 Covenant on Civil and Political Rights and the International Covenant on
			 Economic, Social and Cultural Rights (both of which it ratified on June 24,
			 1975).
			(4)The Government of
			 the Islamic Republic of Iran is violating its international and constitutional
			 obligations to respect the human rights and fundamental freedoms of its
			 citizens, including by—
				(A)using torture and
			 cruel, inhuman, or degrading treatment or punishment, including flogging, and
			 amputations;
				(B)carrying out an
			 increasingly high rate of executions in the absence of internationally
			 recognized safeguards, including public executions and executions of juvenile
			 offenders;
				(C)using stoning as a
			 method of execution and maintaining a high number of persons in prison who
			 continue to face sentences of execution by stoning;
				(D)carrying out
			 arrests, violent repression, and sentencing of women exercising their right to
			 peaceful assembly, a campaign of intimidation against women's rights defenders,
			 and continuing discrimination against women and girls;
				(E)permitting or
			 carrying out increasing discrimination and other human rights violations
			 against persons belonging to religious, ethnic, linguistic, or other
			 minorities;
				(F)imposing ongoing,
			 systematic, and serious restrictions of freedom of peaceful assembly and
			 association and freedom of opinion and expression, including the continuing
			 closures of media outlets, arrests of journalists, and the censorship of
			 expression in online forums such as blogs and websites; and
				(G)imposing severe
			 limitations and restrictions on freedom of religion and belief, including by
			 carrying out arbitrary arrests, indefinite detentions, and lengthy jail
			 sentences for those exercising their rights to freedom of religion or belief
			 and proposing a provision in a draft penal code that sets out a mandatory death
			 sentence for apostasy, the abandoning of one's faith.
				(5)On June 19, 2009,
			 the United Nations High Commissioner for Human Rights expressed concerns about
			 the increasing number of arrests not in conformity with the law and the illegal
			 use of excessive force in responding to protests following the June 12, 2009,
			 elections in Iran, resulting in at least dozens of deaths and hundreds of
			 injuries.
			(6)On August 1, 2009,
			 authorities in the Islamic Republic of Iran began a mass trial of more than 100
			 individuals in connection with election protests, most of whom were held for
			 weeks, in solitary confinement, with little or no access to their lawyers or
			 families, and many of whom showed signs of torture or abuse.
			(7)The Supreme Leader
			 of Iran issued a statement on October 28, 2009, effectively criminalizing
			 dissent in the aftermath of the national election of June 12, 2009.
			(8)On November 4,
			 2009, security forces in the Islamic Republic of Iran used brutal force to
			 disperse thousands of protesters, resulting in a number of injuries and
			 arrests, in violation of international standards regarding the proportionate
			 use of force against peaceful demonstrations.
			(9)At least 8
			 citizens of Iran were killed and an undetermined number were injured on
			 December 27, 2009, when security forces of the Islamic Republic of Iran
			 violently broke up peaceful gatherings during the Ashura holiday.
			(10)The Government of
			 the Islamic Republic of Iran has recently sentenced numerous Iranian citizens
			 to death without due process for politicized crimes relating to the peaceful
			 demonstrations that followed the June 12, 2009, elections, including
			 waging war against God, and has begun carrying out those
			 execution sentences, including the death by hanging of 2 individuals on January
			 28, 2010.
			3.Imposition of
			 sanctions on certain persons who are complicit in human rights abuses committed
			 against citizens of Iran or their family members after the June 12, 2009,
			 elections in Iran
			(a)In
			 generalExcept as provided in subsections (d) and (e), the
			 President shall impose sanctions described in subsection (c) with respect to
			 each person on the list required by subsection (b).
			(b)List of persons
			 who are complicit in certain human rights abuses
				(1)In
			 generalNot later than 90 days after the date of the enactment of
			 this Act, the President shall submit to the appropriate congressional
			 committees a list of persons who are citizens of Iran who the President
			 determines are complicit in human rights abuses committed against citizens of
			 Iran or their family members on or after June 12, 2009, regardless of whether
			 such abuses occurred in Iran.
				(2)Updates of
			 listThe President shall submit to the appropriate congressional
			 committees an updated list under paragraph (1) periodically and as new
			 information becomes available.
				(3)Public
			 availabilityThe list required under paragraph (1) shall be made
			 available to the public and posted on the websites of the Department of the
			 Treasury and the Department of State.
				(4)Consideration of
			 data from other countries and nongovernmental organizationsIn
			 preparing the list required under paragraph (1), the President shall consider
			 data already obtained by other countries and nongovernmental organizations,
			 including organizations in Iran, that monitor the human rights abuses of the
			 Government of Iran.
				(c)Sanctions
			 describedThe sanctions described in this subsection are the
			 following:
				(1)Visa
			 banIneligibility for a visa to enter the United States.
				(2)Financial
			 sanctionsSanctions authorized under the International Emergency
			 Economic Powers Act (50 U.S.C. 1701 et seq.), including blocking of property
			 and restrictions or prohibitions on financial transactions and the exportation
			 and importation of property.
				(d)Exceptions To
			 comply with international agreementsThe President may, by
			 regulation, authorize exceptions to the imposition of sanctions under this
			 section to permit the United States to comply with the Agreement between the
			 United Nations and the United States of America regarding the Headquarters of
			 the United Nations, signed June 26, 1947, and entered into force November 21,
			 1947, and other applicable international agreements.
			(e)WaiverThe
			 President may waive the requirement to impose or maintain sanctions with
			 respect to a person under subsection (a) or the requirement to include a person
			 on the list required by subsection (b) if the President—
				(1)determines that
			 such a waiver is in the national interest of the United States; and
				(2)submits to the
			 appropriate congressional committees a report describing the reasons for the
			 determination.
				(f)Termination of
			 sanctionsThe provisions of this section shall cease to have
			 force and effect on the date on which the President determines and certifies to
			 the appropriate congressional committees that the Government of Iran
			 has—
				(1)unconditionally
			 released all political prisoners, including the citizens of Iran detained in
			 the aftermath of the June 12, 2009, presidential election in Iran;
				(2)ceased its
			 practices of violence, unlawful detention, torture, and abuse of citizens of
			 Iran while engaging in peaceful political activity; and
				(3)conducted a
			 transparent investigation into the killings, arrest, and abuse of peaceful
			 political activists in Iran and prosecuted those individuals
			 responsible.
				(g)Appropriate
			 congressional committees definedIn this section, the term
			 appropriate congressional committees has the meaning given that
			 term in section 14(2) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50
			 U.S.C. 1701 note).


115 S969 IS: Supporting Children of the National Guard and Reserve Act
U.S. Senate
2017-04-27
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.

		II
		115th CONGRESS1st Session
		S. 969
		IN THE SENATE OF THE UNITED STATES

			April 27, 2017
			Ms. Klobuchar (for herself, Ms. Collins, Mr. Kaine, Mr. Markey, Mr. Van Hollen, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To amend the Elementary and Secondary Education Act of 1965 to expand the military student
			 identifier program to cover students with a parent who serves in the
			 reserve component of the Armed Forces.

		1.Short title
 This Act may be cited as the Supporting Children of the National Guard and Reserve Act.
 2.Annual State report cardSection 1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii)) is amended by striking on active duty (as defined in section 101(d)(5) of such title).


		III
		109th CONGRESS
		2d Session
		S. RES. 507
		IN THE SENATE OF THE UNITED STATES

			June 13, 2006
			Mr. Biden (for himself,
			 Mr. Chafee, Mr.
			 Inouye, Mr. DeWine,
			 Mr. Inhofe, Mr.
			 Bond, Mrs. Dole,
			 Mr. Coleman, Mrs. Lincoln, Mr.
			 Crapo, Ms. Collins,
			 Mr. Pryor, Ms.
			 Snowe, Mr. Chambliss,
			 Mr. Specter, Mr. Wyden, Mr.
			 Gregg, Mr. Allen, and
			 Mr. Baucus) submitted the following
			 resolution; which was referred to the Committee on the Judiciary

			July 12, 2006
			Committee discharged; considered and agreed
			 to

		RESOLUTION
		Designating the week of November 5 through November 11,
		  2006, as National Veterans Awareness Week to emphasize the need
		  to develop educational programs regarding the contributions of veterans to the
		  country.

		Whereas tens of millions of Americans have served in the
			 Armed Forces of the United States during the past century;
		Whereas hundreds of thousands of Americans have given
			 their lives while serving in the Armed Forces during the past century;
		Whereas the contributions and sacrifices of the men and
			 women who served in the Armed Forces have been vital in maintaining the
			 freedoms and way of life enjoyed by the people of the United States;
		Whereas the advent of the all-volunteer Armed Forces has
			 resulted in a sharp decline in the number of individuals and families who have
			 had any personal connection with the Armed Forces;
		Whereas this reduction in familiarity with the Armed
			 Forces has resulted in a marked decrease in the awareness by young people of
			 the nature and importance of the accomplishments of those who have served in
			 the Armed Forces, despite the current educational efforts of the Department of
			 Veterans Affairs and the veterans service organizations;
		Whereas the system of civilian control of the Armed Forces
			 makes it essential that the future leaders of the Nation understand the history
			 of military action and the contributions and sacrifices of those who conduct
			 such actions; and
		Whereas, on November 2, 2005, President George W. Bush
			 issued a proclamation urging all the people of the United States to observe
			 November 6 through November 12, 2005, as National Veterans Awareness
			 Week: Now, therefore, be it

		That the Senate—
			(1)designates the
			 week of November 5 through November 11, 2006, as National Veterans
			 Awareness Week; and
			(2)encourages the
			 people of the United States to observe the week with appropriate educational
			 activities.


115 HR 3541 IH: Sexual Assault Forensic Evidence Reporting Act of 2017
U.S. House of Representatives
2017-07-28
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.

I115th CONGRESS1st SessionH. R. 3541IN THE HOUSE OF REPRESENTATIVESJuly 28, 2017Mr. Poe of Texas introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo reauthorize the SAFER Act of 2013, and for other purposes.

 1.Short titleThis Act may be cited as the Sexual Assault Forensic Evidence Reporting Act of 2017 or the SAFER Act of 2017. 2.Best practices for rape kit retention of sexual assault forensic evidence for unsolved crimes (a)In generalSection 414 of the Justice for All Act of 2004 (42 U.S.C. 14136f) is amended—
 (1)in subsection (a)— (A)in the matter preceding paragraph (1)—
 (i)by inserting and the Director of the Bureau of Justice Assistance after Justice; and (ii)by striking and government and inserting , government; and
 (iii)by inserting and other national and State subject matter experts, before shall; and (B)in paragraph (1)—
 (i)by inserting and encourage compliance with after establish; and (ii)by inserting connected to cases in which no person is currently convicted, including best practices for the preservation of sexual assault evidence collection kits or their probative contents for unsolved cases before the semicolon at the end;
 (2)by striking subsection (b) and inserting the following:  (b)DeadlinesThe Director of the National Institute of Justice and the Director of the Bureau of Justice Assistance shall—
 (1)not later than December 31, 2018, publish the best practices established under subsection (a)(1); and
 (2)not later than 5 years after the date on which the best practices are established under subsection (a)(1), and once every 5 years thereafter, conduct a review of the best practices, and update the best practices as necessary.; and
 (3)in subsection (c), by inserting , except as otherwise required under section 3772 of title 18, United States Code before the period at the end. (b)Sexual assault survivors' rightsSection 3772(a)(2)(A) of title 18, United States Code, is amended by striking subject to paragraph (3),.
 3.Pediatric sexual assault nurse examinersSection 304(c)(2) of the DNA Sexual Assault Justice Act of 2004 (42 U.S.C. 14136a) is amended— (1)by inserting , both adult and pediatric, after role of forensic nurses; and
 (2)by striking and elder abuse and inserting elder abuse, and, in particular, the need for pediatric sexual assault nurse examiners, including such nurse examiners working in the multidisciplinary setting, in responding to abuse of both children and adolescents.
			4.Prosecution of DNA cold cases
 (a)Debbie Smith DNA Backlog Grant ProgramSection 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended— (1)in subsection (a), by adding at the end the following:

 (9)To increase the capacity of State and local prosecution offices to address the backlog of violent crime cases in which suspects have been identified through DNA evidence.; and
 (2)in subsection (c), by adding at the end the following:  (5)Allocation of grant awards for prosecutorsFor each fiscal year, not less than 5 percent, but not more than 7 percent, of the grant amounts distributed under paragraph (1) shall, if sufficient applications to justify such amounts are received by the Attorney General, be awarded for purposes described in subsection (a)(9), provided that none of the funds required to be distributed under this paragraph shall decrease or otherwise limit the availability of funds required to be awarded to States or units of local government under paragraph (3)..
 (b)Justice for All Reauthorization Act of 2016Section 3(a) of the Justice for All Reauthorization Act of 2016 (Public Law 114–324; 130 Stat. 1949) is amended—
 (1)in paragraph (1), by striking and at the end; (2)in paragraph (2), by striking the period at the end and inserting ; and; and
 (3)by adding at the end the following:  (3)not less than 5 percent, but not more than 7 percent, of such amounts shall be provided for grants for prosecutors to increase the capacity of State and local prosecution offices to address the backlog of violent crime cases in which suspects have been identified through DNA evidence..
				5.Reducing the rape kit backlog
 (a)ReauthorizationSection 2(c)(4) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(c)(4)) is amended by striking 2017 and inserting 2022.
			(b)Repeal of sunset
 (1)In generalSection 1006 of the SAFER Act of 2013 (42 U.S.C. 14135 note) is repealed. (2)Technical and conforming amendmentThe table of contents for the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54) is amended by striking the item relating to section 1006.


110 HR 6924 IH: GREEN

U.S. House of Representatives
2008-09-17
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
		110th CONGRESS
		2d Session
		H. R. 6924
		IN THE HOUSE OF REPRESENTATIVES

			September 17, 2008
			Mr. Herger (for
			 himself and Mr. Brady of Texas)
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To provide for the modification of duties on
		  environmental goods.

		1.Short titleThis Act may be cited as the
			 Green Export Enhancement
			 Act or GREEN
			 Act .
		2.FindingsCongress finds the following:
			(1)Trade
			 liberalization is among the vital actions that can be taken to facilitate
			 efforts to protect the environment and halt climate change by providing greater
			 access to climate-friendly goods and technologies, particularly in developing
			 countries.
			(2)Promoting trade in
			 environmental goods complements and supports the objectives of the United
			 Nations Framework Convention on Climate Change and contributes to the goal of
			 United States and foreign trade officials in ensuring that climate change
			 mitigation and trade liberalization are conducted in a mutually supportive
			 manner.
			(3)According to a
			 recent study conducted by the World Bank, entitled International Trade
			 and Climate Change: Economic, Legal, and Institutional Perspectives,
			 the removal of tariffs and nontariff barriers to key environmental technologies
			 could increase trade in these technologies by an additional 7 to 14 percent
			 annually.
			(4)Reducing or
			 eliminating tariffs on environmental goods, where reciprocal duty reductions or
			 elimination has been achieved for such goods as a result of negotiations in the
			 World Trade Organization, will make a significant and real contribution to
			 furthering global environmental and climate change objectives.
			3.Environmental
			 goods tariff authority
			(a)Proclamation
			 authoritySubject to the consultation and layover requirements of
			 section 115 of the Uruguay Round Agreements Act (19 U.S.C. 3524), the President
			 may proclaim the modification of any duty or staged rate reduction of any duty
			 in Schedule XX on environmental goods, as defined in a multilateral negotiation
			 for the reciprocal elimination, reduction, or harmonization of duties under the
			 auspices of the World Trade Organization, if the United States agrees to such
			 modification or staged rate reduction in such a multilateral
			 negotiation.
			(b)DefinitionIn
			 this section, the term Scheduled XX has the meaning given that
			 term in section 2(5) of the Uruguay Round Agreements Act (19 U.S.C.
			 3501(5)).


I
112th CONGRESS
2d Session
H. R. 4786
IN THE HOUSE OF REPRESENTATIVES

April 25, 2012
Mr. Ross of Arkansas introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To extend the suspension of duty on Butralin.

1.Butralin
(a)In generalHeading 9902.12.01 of the Harmonized Tariff Schedule of the United States (relating to Butralin) is amended by striking the date in the effective period column and inserting 12/31/2015.
(b)Effective dateThe amendment made by this section applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


109 HR 3190 IH: Vietnam Human Rights Act of 2005
U.S. House of Representatives
2005-06-30
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. 3190
IN THE HOUSE OF REPRESENTATIVES

June 30, 2005
Mr. Smith of New Jersey (for himself, Mr. Royce, Ms. Zoe Lofgren of California, Mr. Sam Johnson of Texas, Mr. Tom Davis of Virginia, Mr. Wolf, Mr. Rohrabacher, Mr. Payne, Mr. Pence, Mr. Green of Wisconsin, Ms. Ros-Lehtinen, Mr. Crowley, and Ms. Loretta Sanchez of California) introduced the following bill; which was referred to the Committee on International Relations

A BILL
To promote freedom and democracy in Vietnam.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Vietnam Human Rights Act of 2005.
(b)Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title; table of contents
Sec. 2. Findings
Sec. 3. Purpose
Title I—Prohibition on nonhumanitarian assistance to the Government of Vietnam
Sec. 101. Bilateral nonhumanitarian assistance
Title II—Assistance to support democracy in Vietnam
Sec. 201. Assistance
Title III—United States public diplomacy
Sec. 301. Radio Free Asia transmissions to Vietnam
Sec. 302. United States educational and cultural exchange programs with Vietnam
Title IV—United States refugee policy
Sec. 401. Refugee resettlement for nationals of Vietnam
Title V—Annual report on progress toward freedom and democracy in Vietnam
Sec. 501. Annual report
2.FindingsCongress finds the following:
(1)The relationship between the United States and the Socialist Republic of Vietnam has grown substantially over the past 10 years, with annual trade between the two countries reaching over $6 billion per year.
(2)The Government of Vietnam’s transition toward greater economic freedom and trade has not been matched by greater political freedom and substantial improvements in human rights.
(3)Vietnam remains a one party state, ruled and controlled by the Communist Party of Vietnam (CPV), which continues to deny the right of citizens to change their government.
(4)Although in recent years the National Assembly of Vietnam has played an increasingly active role as a forum for highlighting local concerns, corruption, and inefficiency, the National Assembly remains subject to the direction of the Communist Party of Vietnam and the CPV maintains control over the selection of candidates in national and local elections.
(5)The Government of Vietnam forbids public challenge to the legitimacy of the one party state, restricts freedoms of opinion, the press, and association and tightly limits access to the Internet and telecommunication.
(6)The Government of Vietnam continues to detain and imprison persons for the peaceful expression of dissenting religious and political views, including Pham Hong Son, Nguyen Vu Binh, Nguyen Khac Toan, Brother Nguyen Thien Phung, Reverend Than Van Truong and Pastor Nguyen Hong Quang, among others.
(7)While the Government of Vietnam recently released a handful of political and religious prisoners, including Dr. Nguyen Dan Que, Professor Nguyen Dinh Huy, Father Nguyen Van Ly, and Venerable Thich Thien Minh, these individuals remain under close surveillance by the Government of Vietnam, which has included house detention or police surveillance.
(8)
(A)The Government of Vietnam limits freedom of religion and restricts the operation of religious organizations, allowing only religious organizations officially approved by the Government of Vietnam, but often restricting their selection and training of religious leaders as well as their activities.
(B)On September 15, 2004, Vietnam was declared a Country of Particular Concern by the Department of State for its severe violations of religious freedom, and despite an agreement concluded with the Department of State in May 2005 committing to greater religious freedom, the Government of Vietnam continues to commit serious human rights abuses in this area.
(C)Unregistered ethnic minority Protestant congregations in the Northwest and Central Highlands of Vietnam suffer severe abuses because of actions by the Government of Vietnam, which have included forced renunciations of faith, the closure and destruction of churches, the arrest and harassment of pastors, and the withholding of social programs provided for the general population, and in a few cases credible reports indicate that minority religious leaders have been beaten and even killed.
(D)The Unified Buddhist Church of Vietnam (UBCV) suffers severe persecution as the Government of Vietnam confiscated its temples and persecuted its clergy for refusing to join the state-sponsored Buddhist organizations and continually has detained and confined senior UBCV clergy, including the Most Venerable Thich Huyen Quang, the Most Venerable Thich Quang Do, the Venerable Thich Tue Sy, and others.
(E)The Catholic Church continues to face significant restrictions on the training and ordination of priests and bishops, resulting in numbers insufficient to support the growing Catholic population in Vietnam and officials of the Government of Vietnam continue to limit the Catholic Church’s conduct of religious education classes and charitable activities.
(F)The Government of Vietnam continues to suppress the activities of other religious adherents, including Cao Dai, Baha’i, and Hoa Hao who lack official recognition or have chosen not to affiliate with the state-sanctioned groups, including through the use of detention and imprisonment.
(9)The Government of Vietnam controls all print and electronic media, including access to the Internet, jams the signals of some foreign radio stations, including Radio Free Asia, and has detained, convicted, and imprisoned individuals who have posted or sent democracy-related materials via the Internet.
(10)
(A)Indigenous Montagnards in the Central Highlands of Vietnam continue to face particularly severe persecution, with numerous cases of arbitrary arrests and detentions and reports that many Montagnards have gone into hiding, fearing arrest, interrogation, or physical abuse by Government authorities.
(B)During Easter weekend in April 2004, thousands of Montagnards gathered to protest their treatment by the Government of Vietnam, including the confiscation of tribal lands and ongoing restrictions on religious activities, and credible reports indicate that the protests were met with a violent response as many demonstrators were arrested, injured, or are in hiding, and that others were killed.
(C)Hundreds of Montagnards continue to flee to neighboring countries, over 700 Montagnards reside in different refugee camps operated by the United Nations High Commissioner for Refugees in Cambodia, and numerous Montagnards have been involuntarily repatriated to Vietnam by the Government of Cambodia, in violation of international law.
(11)Ethnic minority Hmong in the Northwest Highlands of Vietnam also suffer persecution by the Government of Vietnam, but as with the Central Highlands region, access to the Northwest Highlands by diplomats, nongovernmental organizations, journalists, and other foreigners is severely restricted, making it difficult to verify conditions.
(12)
(A)People arrested in Vietnam because of their political or religious affiliations and activities often are not accorded due legal process as they lack full access to lawyers of their choice, experience closed trials, have often been detained for years without trial, and have been subjected to the use of torture to admit to crimes they did not commit or to falsely denounce their own leaders.
(B)Members of the Mennonite Church such as Pham Ngoc Thach, Nguyen Van Phuong, Nguyen Thanh Nhan, and Nguyen Huu Nghia were repeatedly tortured prior to their sentencing and authorities have also reportedly increasingly resorted to psychiatric torture against religious prisoners such as Ms. Le Thi Hong Lien and Pastor Than Van Truong.
(13)
(A)United States refugee resettlement programs, including the Orderly Departure Program (ODP), the Resettlement Opportunities for Returning Vietnamese (ROVR) program, general resettlement of boat people from refugee camps throughout Southeast Asia, the Amerasian Homecoming Act of 1988, and the Priority One Refugee resettlement category have helped rescue Vietnamese nationals who have suffered persecution on account of their associations with the United States as well as Vietnamese nationals who have been persecuted because of race, religion, nationality, political opinion, or membership in a particular social group.
(B)While previous programs have served their purposes well, a significant number of eligible refugees from Vietnam were unfairly denied or excluded, including Amerasians, in some cases by vindictive or corrupt Vietnamese officials who controlled access to the programs, and in others by United States personnel who imposed unduly restrictive interpretations of program criteria. In addition, the Government of Vietnam has denied passports to persons that the United States has found eligible for refugee admission.
(C)The Department of State has agreed to extend the September 30, 1994, registration deadline for former United States employees, re education survivors, and surviving spouses of those who did not survive re-education camps to sign up for United States refugee programs, as well as to resume the Vietnamese In Country Priority One Program in Vietnam to provide protection to victims of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group who otherwise have no access to the Orderly Departure Program.
(D)The former United States Immigration and Naturalization Service agreed to resume the processing of former United States employees under the U11 program, which had been unilaterally suspended by the United States Government, as well as to review the applications of Amerasians, children of American servicemen left behind in Vietnam after the war ended in April 1975, for resettlement to the United States under the Amerasian Homecoming Act of 1988.
(14)Congress has passed numerous resolutions condemning human rights abuses in Vietnam, indicating that although there has been an expansion of relations with the Government of Vietnam, it should not be construed as approval of the ongoing and serious violations of fundamental human rights in Vietnam.
(15)Enhancement of relations between the United States and Vietnam has provided an opportunity for a human rights dialogue and could lead to future progress on human rights issues in Vietnam.
3.PurposeThe purpose of this Act is to promote the development of freedom and democracy in Vietnam.
IProhibition on nonhumanitarian assistance to the Government of Vietnam
101.Bilateral nonhumanitarian assistance
(a)Assistance
(1)In generalExcept as provided in subsection (b), United States nonhumanitarian assistance may not be provided to the Government of Vietnam—
(A)for fiscal year 2006 unless not later than 30 days after the date of the enactment of this Act the President determines and certifies to Congress that the requirements of subparagraphs (A) through (D) of paragraph (2) have been met during the 12-month period ending on the date of the certification; and
(B)for each subsequent fiscal year unless the President determines and certifies to Congress in the most recent annual report submitted pursuant to section 501 that the requirements of subparagraphs (A) through (E) of paragraph (2) have been met during the 12-month period covered by the report.
(2)RequirementsThe requirements of this paragraph are that—
(A)the Government of Vietnam has made substantial progress toward releasing all political and religious prisoners from imprisonment, house arrest, and other forms of detention;
(B)
(i)the Government of Vietnam has made substantial progress toward respecting the right to freedom of religion, including the right to participate in religious activities and institutions without interference by or involvement of the Government; and
(ii)has made substantial progress toward returning estates and properties confiscated from the churches;
(C)the Government of Vietnam has made substantial progress toward allowing Vietnamese nationals free and open access to United States refugee programs;
(D)the Government of Vietnam has made substantial progress toward respecting the human rights of members of ethnic minority groups in the Central Highlands or elsewhere in Vietnam; and
(E)
(i)neither any official of the Government of Vietnam nor any agency or entity wholly or partly owned by the Government of Vietnam was complicit in a severe form of trafficking in persons; or
(ii)the Government of Vietnam took all appropriate steps to end any such complicity and hold such official, agency, or entity fully accountable for its conduct.
(b)Exception
(1)In generalSubsection (a) shall not apply for any fiscal year with respect to the provision of United States nonhumanitarian assistance for any program or activity for which such assistance was provided to the Government of Vietnam for fiscal year 2005 in an amount not to exceed the amount so provided for fiscal year 2005.
(2)Continuation of assistance in the national interestNotwithstanding the failure of the Government of Vietnam to meet the requirements of subsection (a)(2), the President may waive the application of subsection (a) for any fiscal year if the President determines that the provision to the Government of Vietnam of increased United States nonhumanitarian assistance would promote the purposes of this Act or is otherwise in the national interest of the United States.
(3)Exercise of waiver authorityThe President may exercise the authority under paragraph (2) with respect to—
(A)all United States nonhumanitarian assistance to Vietnam; or
(B)one or more programs, projects, or activities of such assistance.
(c)DefinitionsIn this section:
(1)Severe form of trafficking in personsThe term severe form of trafficking in persons means any activity described in section 103(8) of the Trafficking Victims Protection Act of 2000 (Public Law 106–386 (114 Stat. 1470); 22 U.S.C. 7102(8)).
(2)United States nonhumanitarian assistanceThe term United States nonhumanitarian assistance means—
(A)any assistance under the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2 of part I of that Act, relating to the Overseas Private Investment Corporation), other than—
(i)disaster relief assistance, including any assistance under chapter 9 of part I of that Act;
(ii)assistance which involves the provision of food (including monetization of food) or medicine; and
(iii)assistance for refugees; and
(B)sales, or financing on any terms, under the Arms Export Control Act.
IIAssistance to support democracy in Vietnam
201.Assistance
(a)In generalThe President is authorized to provide assistance, through appropriate nongovernmental organizations, for the support of individuals and organizations to promote internationally recognized human rights in Vietnam.
(b)Authorization of appropriationsThere are authorized to be appropriated to the President to carry out subsection (a) $2,000,000 for each of the fiscal years 2006 and 2007.
IIIUnited States public diplomacy
301.Radio Free Asia transmissions to Vietnam
(a)Policy of the United StatesIt is the policy of the United States to take such measures as are necessary to overcome the jamming of Radio Free Asia by the Government of Vietnam.
(b)Authorization of appropriationsIn addition to such amounts as are otherwise authorized to be appropriated for the Broadcasting Board of Governors, there are authorized to be appropriated to carry out the policy under subsection (a) $9,100,000 for the fiscal year 2006 and $1,100,000 for the fiscal year 2007.
302.United States educational and cultural exchange programs with VietnamIt is the policy of the United States that programs of educational and cultural exchange with Vietnam should actively promote progress toward freedom and democracy in Vietnam by providing opportunities to Vietnamese nationals from a wide range of occupations and perspectives to see freedom and democracy in action and, also, by ensuring that Vietnamese nationals who have already demonstrated a commitment to these values are included in such programs.
IVUnited States refugee policy
401.Refugee resettlement for nationals of Vietnam
(a)Policy of the United StatesIt is the policy of the United States to offer refugee resettlement to nationals of Vietnam (including members of the Montagnard ethnic minority groups) who were eligible for the Orderly Departure Program (ODP), Resettlement Opportunities for Vietnamese Returnees (ROVR), the Amerasian Homecoming Act of 1988, or any other United States refugee program and who were deemed ineligible due to administrative error or who for reasons beyond the control of such individuals (including insufficient or contradictory information or the inability to pay bribes demanded by officials of the Government of Vietnam) were unable or failed to apply for such programs in compliance with deadlines imposed by the Department of State.
(b)Authorized activityOf the amounts authorized to be appropriated to the Department of State for Migration and Refugee Assistance for each of the fiscal years 2006, 2007, and 2008, such sums as may be necessary are authorized to be made available for the protection (including resettlement in appropriate cases) of Vietnamese refugees and asylum seekers, including Montagnards in Cambodia.
VAnnual report on progress toward freedom and democracy in Vietnam
501.Annual report
(a)In generalNot later than 6 months after the date of the enactment of this Act and every 12 months thereafter, the Secretary of State shall submit to the Congress a report on the following:
(1)
(A)The determination and certification of the President that the requirements of subparagraphs (A) through (D) of section 101(a)(2) have been met, if applicable.
(B)The determination of the President under section 101(b)(2), if applicable.
(2)Efforts by the United States Government to secure transmission sites for Radio Free Asia in countries in close geographical proximity to Vietnam in accordance with section 301(a).
(3)Efforts to ensure that programs with Vietnam promote the policy set forth in section 302 and with section 102 of the Human Rights, Refugee, and Other Foreign Policy Provisions Act of 1996 regarding participation in programs of educational and cultural exchange.
(4)Steps taken to carry out the policy under section 401(a).
(5)Lists of persons believed to be imprisoned, detained, or placed under house arrest, tortured, or otherwise persecuted by the Government of Vietnam due to their pursuit of the rights described in paragraph (5). In compiling such lists, the Secretary shall exercise appropriate discretion, including concerns regarding the safety and security of, and benefit to, the persons who may be included on the lists and their families. In addition, the Secretary shall include a list of such persons and their families who may qualify for protection under United States refugee programs.
(6)A description of the development of the rule of law in Vietnam, including, but not limited to—
(A)progress toward the development of institutions of democratic governance;
(B)processes by which statutes, regulations, rules, and other legal acts of the Government of Vietnam are developed and become binding within Vietnam;
(C)the extent to which statutes, regulations, rules, administrative and judicial decisions, and other legal acts of the Government of Vietnam are published and are made accessible to the public;
(D)the extent to which administrative and judicial decisions are supported by statements of reasons that are based upon written statutes, regulations, rules and other legal acts of the Government of Vietnam;
(E)the extent to which individuals are treated equally under the laws of Vietnam without regard to citizenship, race, religion, political opinion, or current or former associations;
(F)the extent to which administrative and judicial decisions are independent of political pressure or governmental interference and are reviewed by entities of appellate jurisdiction; and
(G)the extent to which laws in Vietnam are written and administered in ways that are consistent with international human rights standards, including the requirements of the International Covenant on Civil and Political Rights.
(b)Contacts with other organizationsIn preparing the report under subsection (a), the Secretary shall, as appropriate, seek out and maintain contacts with nongovernmental organizations and human rights advocates (including Vietnamese-Americans, human rights advocates in Vietnam), including receiving reports and updates from such organizations and evaluating such reports. The Secretary shall also seek to consult with the United States Commission on Religious Freedom for appropriate sections of the report.


I
108th CONGRESS
2d Session
H. R. 4237
IN THE HOUSE OF REPRESENTATIVES

April 28, 2004
Mr. Gutierrez (for himself, Mr. Paul, Mr. Sherman, Mr. Otter, Mr. Towns, Mr. Baca, Ms. Lee, Mrs. Maloney, Mr. Brady of Pennsylvania, Ms. Carson of Indiana, Mr. Price of North Carolina, Mr. Lipinski, Mr. Acevedo-Vilá, Ms. Waters, Mr. Rangel, Mr. Nadler, Mr. Sanders, Mr. Hinchey, Ms. Slaughter, Mr. Owens, Mr. Rush, Mr. Weiner, Mr. Davis of Illinois, Mr. Clay, Mr. Serrano, Ms. Schakowsky, Mr. Grijalva, Mr. Moran of Virginia, Ms. Baldwin, and Mr. Bartlett of Maryland) introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To provide for congressional disapproval of certain regulations issued by the Comptroller of the Currency, in accordance with section 802 of title 5, United States Code.

  That the Congress disapproves the rule submitted by the Comptroller of the Currency relating to bank activities and regulations, published at 69 Fed. Reg. 1904 (2004), and such rule shall have no force or effect.


IV
108th CONGRESS
2d Session
H. RES. 825
IN THE HOUSE OF REPRESENTATIVES

October 6, 2004
Mr. Brady of Pennsylvania submitted the following resolution; which was referred to the Committee on Government Reform

RESOLUTION
Honoring Bernard Hopkins, the undisputed World Middleweight Champion.

Whereas Bernard Hopkins first showed his championship form at the early age of nine when he won the Pennsylvania Junior Olympics;
Whereas the name Bernard Hopkins is frequently and properly mentioned among the greatest middleweights in history, including Sugar Ray Robinson, Carlos Monzon, and Marvelous Marvin Hagler;
Whereas the latest opponent of Hopkins, Oscar De La Hoya, once said that Hopkins is one of the great talents we’ve had in this generation;
Whereas Hopkins has won 45 professional bouts, 32 by knockout;
Whereas Hopkins has successfully defended his title 19 times since January 1996 and surpassed the previous record for 14 title defenses;
Whereas despite his climb from humble beginnings to greatness, Hopkins has never left behind the city of his birth, Philadelphia, or the people who live there;
Whereas Hopkins continues to selflessly volunteer his time to inspire juvenile and adult criminal offenders to avoid the criminal life; and
Whereas Hopkins holds the universal love and admiration of all Philadelphians and all true fans of the sport of boxing: Now, therefore, be it

That the House of Representatives—
(1)congratulates Bernard Hopkins on earning and defending the undisputed Middleweight Championship; and
(2)honors Bernard Hopkins for his service in the Philadelphia community.


110 SRES 646 ATS: Recognizing and supporting the goals and

U.S. Senate
2008-08-01
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.

		III
		110th CONGRESS
		2d Session
		S. RES. 646
		IN THE SENATE OF THE UNITED STATES

			August 1, 2008
			Mr. Shelby (for himself
			 and Mrs. Lincoln) submitted the following
			 resolution; which was referred to the Committee on Health, Education, Labor, and
			 Pensions

			September 22 (legislative day, September 17),
			 2008
			Committee discharged; considered and agreed
			 to

		RESOLUTION
		Recognizing and supporting the goals and
		  ideals of National Runaway Prevention Month.

		Whereas the prevalence of running away from home and
			 homelessness among youths is staggering, with studies suggesting that between
			 1,600,000 and 2,800,000 youths live on the streets of the United States each
			 year;
		Whereas running away from home is widespread, and youths
			 aged 12 to 17 are at a higher risk of becoming homeless than adults;
		Whereas youths who run away from home most often have been
			 expelled from their homes by their families, have been physically, sexually, or
			 emotionally abused at home, have been discharged by State custodial systems
			 without adequate transition plans, or have been separated from their parents by
			 death and divorce, are too poor to secure their own basic needs, and are
			 ineligible or unable to access adequate medical or mental health
			 resources;
		Whereas effective programs that support runaway youths and
			 assist youths and their families in preventing youths from running away succeed
			 because of partnerships created among families, community-based human service
			 agencies, law enforcement agencies, schools, faith-based organizations, and
			 businesses;
		Whereas preventing youths from running away from home and
			 supporting youths in high-risk situations are priorities for families,
			 communities, and the Nation;
		Whereas the future well-being of the United States is
			 dependent on the opportunities provided for youths and families to acquire the
			 knowledge, skills, and abilities necessary for youths to develop into safe,
			 healthy, and productive adults;
		Whereas the National Network for Youth and its members
			 advocate on behalf of runaway and homeless youths and provide an array of
			 community-based support to address their critical needs;
		Whereas the National Runaway Switchboard provides crisis
			 intervention and referrals to reconnect runaway youths with their families and
			 to link youths to local resources that provide positive alternatives to running
			 away from home; and
		Whereas the National Network for Youth and the National
			 Runaway Switchboard are cosponsoring National Runaway Prevention Month in
			 November 2008 to increase public awareness of the life circumstances of youths
			 in high-risk situations, the need for safe, healthy, and productive
			 alternatives to running away, and the resources and support available for
			 youths, families, and communities: Now, therefore, be it

		That the Senate recognizes and
			 supports the goals and ideals of National Runaway Prevention Month.