113 HR 537 IH: Social Networking Online Protection Act
U.S. House of Representatives
2013-02-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 537
		IN THE HOUSE OF REPRESENTATIVES

			February 6, 2013
			Mr. Engel (for
			 himself, Ms. Schakowsky,
			 Mr. Grimm,
			 Mr. Tonko,
			 Mr. Ellison, and
			 Ms. Pingree of Maine) introduced the
			 following bill; which was referred to the Committee on Education and the
			 Workforce

		A BILL
		To prohibit employers and certain other entities from
		  requiring or requesting that employees and certain other individuals provide a
		  user name, password, or other means for accessing a personal account on any
		  social networking website.

		1.Short titleThis Act may be cited as the
			 Social Networking Online Protection
			 Act.
		2.Employer Access
			 to Personal Accounts on Social Networking Websites
			(a)Conduct
			 prohibitedIt shall be
			 unlawful for any employer—
				(1)to require or
			 request that an employee or applicant for employment provide the employer with
			 a user name, password, or any other means for accessing a private email account
			 of the employee or applicant or the personal account of the employee or
			 applicant on any social networking website; or
				(2)to discharge, discipline, discriminate
			 against in any manner, or deny employment or promotion to, or threaten to take
			 any such action against, any employee or applicant for employment
			 because—
					(A)the employee or applicant for employment
			 refuses or declines to provide a user name, password, or other means for
			 accessing a private email account of the employee or applicant or the personal
			 account of the employee or applicant on any social networking website;
			 or
					(B)such employee or applicant for employment
			 has filed any complaint or instituted or caused to be instituted any proceeding
			 under or related to this Act or has testified or is about to testify in any
			 such proceeding.
					(b)Enforcement
				(1)Civil
			 Penalties
					(A)In
			 generalSubject to paragraph
			 (2), any employer who violates any provision of this Act may be assessed a
			 civil penalty of not more than $10,000.
					(B)Determination of
			 amountIn determining the amount of any penalty under paragraph
			 (1), the Secretary of Labor shall take into account the previous record of the
			 person in terms of compliance with this Act and the gravity of the
			 violation.
					(C)CollectionAny
			 civil penalty assessed under this subsection shall be collected in the same
			 manner as is required by subsections (b) through (e) of section 503 of the
			 Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1853) with
			 respect to civil penalties assessed under subsection (a) of such
			 section.
					(2)Injunctive
			 Actions by the Secretary of LaborThe Secretary of Labor may bring an action
			 under this section to restrain violations of this Act. In any action brought
			 under this section, the district courts of the United States shall have
			 jurisdiction, for cause shown, to issue temporary or permanent restraining
			 orders and injunctions to require compliance with this Act, including such
			 legal or equitable relief incident thereto as may be appropriate, including,
			 employment, reinstatement, promotion, and the payment of lost wages and
			 benefits.
				3.Institution of
			 higher education access to personal accounts on social networking
			 websitesSection 487(a) of the
			 Higher Education Act of 1965 (20 U.S.C. 1095(a)) is amended by adding at the
			 end the following:

				(30)(A)The institution will
				not—
						(i)require or request
				that a student or potential student provide the institution with a user name,
				password, or any other means for accessing a private email account of the
				student or potential student or the personal account of the student or
				potential student on any social networking website; or
						(ii)discharge, discipline, discriminate against
				in any manner, or deny admission to, suspend, or expel, or threaten to take any
				such action against, any student or potential student because—
							(I)the student or potential student refuses or
				declines to provide a user name, password, or other means for accessing a
				private email account of the student or potential student or the personal
				account of the student or potential student on any social networking website;
				or
							(II)such student or potential student has filed
				any complaint or instituted or caused to be instituted any proceeding under or
				related to this paragraph or has testified or is about to testify in any such
				proceeding.
							(B)For purposes of this paragraph, the
				term social networking website has the meaning given such term in
				section 5(2) of the Social Networking Online
				Protection
				Act.
					.
		4.Local educational
			 agency access to personal accounts on social networking websites
			(a)In
			 generalSubpart 2 of part E
			 of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
			 1094 et seq.) is amended by adding at the end the following new section:

					9537.Prohibition on
				access to personal accounts of students
						(a)In
				generalNo local educational
				agency receiving funds under this Act may—
							(1)require or request
				that a student or potential student provide the agency or a school served by
				the agency with a user name, password, or any other means for accessing a
				private email account of the student or potential student or the personal
				account of the student or potential student on any social networking website;
				or
							(2)discharge, discipline, discriminate against
				in any manner, or deny admission to, suspend, or expel, or threaten to take any
				such action against, any student or potential student because—
								(A)the student or potential student refuses or
				declines to provide a user name, password, or other means for accessing a
				private email account of the student or potential student or the personal
				account of the student or potential student on any social networking website;
				or
								(B)such student or potential student has filed
				any complaint or instituted or caused to be instituted any proceeding under or
				related to this paragraph or has testified or is about to testify in any such
				proceeding.
								(b)DefinitionFor
				purposes of this subsection, the term social networking website
				has the meaning given such term in section 5(2) of the
				Social Networking Online Protection
				Act.
						.
			(b)Clerical
			 amendmentThe table of contents for the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after
			 the item relating to section 9536, the following new item:

						Sec. 9537. Prohibition on access to
				personal accounts of
				students.

					.
			5.DefinitionsAs used in this Act—
			(1)the term
			 employer means any person acting directly or indirectly in the
			 interest of an employer in relation to an employee or an applicant for
			 employment; and
			(2)the term social networking
			 website means any Internet service, platform, or website that provides a
			 user with a distinct account—
				(A)whereby the user
			 can access such account by way of a distinct user name, password, or other
			 means distinct for that user; and
				(B)that is primarily
			 intended for the user to upload, store, and manage user-generated personal
			 content on the service, platform, or website.


114 HR 4406 IH: Enhancing Detection of Human Trafficking Act
U.S. House of Representatives
2016-02-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 4406
		IN THE HOUSE OF REPRESENTATIVES

			February 1, 2016
			Mr. Walberg (for himself, Mrs. Wagner, Mr. Guthrie, and Mr. Heck of Nevada) introduced the following bill; which was referred to the Committee on Education and the Workforce

		A BILL
		To direct the Secretary of Labor to train certain Department of Labor personnel how to effectively
			 detect and assist law enforcement in preventing human trafficking during
			 the course of their primary roles and responsibilities, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Enhancing Detection of Human Trafficking Act. 2.Definition of human traffickingIn this Act the term human trafficking means an act or practice described in paragraph (9) or (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
		3.Training for Department personnel to identify human trafficking
 (a)In GeneralNot later than 180 days after the date of enactment of this Act, the Secretary of Labor shall implement a program to—
 (1)train and periodically retrain relevant personnel across the Department of Labor that the Secretary considers appropriate, how to effectively detect and assist law enforcement in preventing human trafficking during the course of their primary roles and responsibilities; and
 (2)ensure that such personnel regularly receive current information on matters related to the detection of human trafficking, including information that becomes available outside of the Department’s initial or periodic retraining schedule, to the extent relevant to their official duties and consistent with applicable information and privacy laws.
 (b)Training describedThe training referred to in subsection (a) may be conducted through in-class or virtual learning capabilities, and shall include—
 (1)methods for identifying suspected victims of human trafficking and, where appropriate, perpetrators of human trafficking;
 (2)training that is most appropriate for a particular location or environment in which the personnel receiving such training perform their official duties;
 (3)other topics determined by the Secretary to be appropriate reflecting current trends and best practices for personnel in their particular location or professional environment;
 (4)a clear course of action for referring potential cases of human trafficking to the Department of Justice and other appropriate authorities; and
 (5)a post-training evaluation for personnel receiving the training. 4.Report to Congress Not later than 1 year after the date of the enactment of this Act, and each year thereafter, the Secretary of Labor shall report to the appropriate Congressional committees on the training provided to the personnel referred to in section 3(a), including—
 (1)an evaluation of such training and the overall effectiveness of the program required by this Act; (2)the number of cases referred by Department of Labor personnel in which human trafficking was suspected and the metrics used by the Department to accurately measure and track its response to instances of suspected human trafficking; and
 (3)the number of Department of Labor employees who have completed such training as required by this Act.


116 HR 1157 IH: Horse Protection Amendments Act
U.S. House of Representatives
2019-02-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1157IN THE HOUSE OF REPRESENTATIVESFebruary 13, 2019Mr. DesJarlais (for himself, Mr. Fleischmann, Mr. Barr, Mr. Comer, Mr. Burchett, Mr. John W. Rose of Tennessee, Mr. Kustoff of Tennessee, Mr. David P. Roe of Tennessee, Mr. Rogers of Kentucky, Mr. Green of Tennessee, and Mr. Guthrie) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Horse Protection Act to provide increased protection for horses participating in
				      shows, exhibitions, or sales, and for other purposes.

 1.Short titleThis Act may be cited as the Horse Protection Amendments Act. 2.DefinitionSection 2 of the Horse Protection Act (15 U.S.C. 1821) is amended—
 (1)by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2)by inserting after paragraph (1) the following new paragraph:

 (2)The term objective inspection means an inspection conducted using only inspection methods based on science-based protocols (including swabbing or blood testing protocols) that—
 (A)have been the subject of testing and are capable of producing scientifically reliable, reproducible results;
 (B)have been subjected to peer review; and (C)have received acceptance in the veterinary or other applicable scientific community..
			3.Increasing protections for horses participating in horse shows, exhibitions, or sales or auctions
 (a)FindingsSection 3 of the Horse Protection Act (15 U.S.C. 1822) is amended— (1)by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
 (2)by inserting after paragraph (3) the following new paragraph:  (4)the Inspector General of the Department of Agriculture has determined the program through which the Secretary inspects horses is not adequate to ensure compliance with this Act;.
 (b)Horse shows and exhibitionsSection 4(c) of the Horse Protection Act (15 U.S.C. 1823(c)) is amended— (1)in the first sentence, by striking appointment by the management of any horse show, horse exhibition, or horse sale or auction of persons qualified to detect and diagnose a horse which is sore or to otherwise inspect horses for the purposes of enforcing this Act and inserting that affiliation and appointment;
 (2)by inserting before the first sentence, the following: (1) The Horse Industry Organization established under paragraph (2) shall establish a formal affiliation with the management of each horse sale, horse exhibition, and horse sale or auction, appoint inspectors to conduct inspections at each such show, exhibition, and sale or auction, and in coordination with the Secretary, otherwise ensure compliance with this Act.; and
 (3)by adding at the end the following new paragraph:  (2) (A)Not later than 180 days after the date of the enactment of this paragraph, the Secretary shall prescribe by regulation the establishment of a single horse industry organization (referred to in this Act as the Horse Industry Organization or the HIO). The HIO shall be headed or otherwise governed by not more than nine individuals appointed in accordance with the following:
 (i)Four individuals shall be appointed by the heads of State agencies on agriculture, two of whom shall be appointed by the Commissioner of Agriculture for the State of Tennessee and two of whom shall be appointed by the Commissioner of Agriculture for the Commonwealth of Kentucky.
 (ii)Two individuals representing the Tennessee Walking Horse industry shall be appointed from within such industry by the individuals appointed under clause (i) in accordance with a process developed by the individuals so appointed in consultation with the Walking Horse Trainers’ Association.
 (iii)Not more than three individuals shall be appointed by the six individuals appointed under clauses (i) and (ii).
 (B)The nine individuals appointed under clauses (i), (ii), and (iii) of subparagraph (A) shall establish a process for filling any vacancy and for the subsequent appointment of individuals initially appointed under such subparagraph.
 (C)Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the HIO. (D)The Horse Industry Organization shall issue policies establishing requirements for any person licensed by the Horse Industry Organization or a member of the immediate family of such a person to be free from conflicts of interest, by reason of any association or connection with the walking horse industry including through—
 (i)being employed by or providing any services to any show manager, trainer, owner, or exhibitor of Tennessee Walking horses, Spotted Saddle horses, or Racking horses; and
 (ii)training, exhibiting, shoeing, breeding, or selling Tennessee Walking horses, Spotted Saddle horses, or Racking horses.
 (E)Not later than 90 days after the date on which the Horse Industry Organization is established pursuant to this paragraph, the Secretary shall revoke the certification issued to any horse industry organization under section 11.7 of title 9, Code of Federal Regulations (or any successor regulation), as in effect on such date..
 (c)Unlawful actsSection 5 of the Horse Protection Act (15 U.S.C. 1824) is amended— (1)in paragraph (3), by striking appoint and retain a person in accordance with section 4(c) of this Act and inserting establish a formal affiliation with the Horse Industry Organization under section 4(c);
 (2)in paragraph (4), by striking appoint and retain a qualified person in accordance with section 4(c) of this Act and inserting establish a formal affiliation with the Horse Industry Organization under section 4(c); (3)in paragraph (5), by striking appointed and retained a person in accordance with section 4(c) of this Act and inserting establish a formal affiliation with the Horse Industry Organization under section 4(c); and
 (4)in paragraph (6)— (A)by striking appointed and retained a person in accordance with section 4(c) of this Act and inserting established a formal affiliation with the Horse Industry Organization under section 4(c); and
 (B)by striking such person or the Secretary and inserting a person licensed by the Horse Industry Organization. 4.RegulationsNot later than 180 days after the date of the enactment of this Act, the Secretary shall issue regulations to carry out the amendments made by this Act.


115 HR 1904 IH: Medicare Access to Radiology Care Act of 2017
U.S. House of Representatives
2017-04-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 1904IN THE HOUSE OF REPRESENTATIVESApril 5, 2017Mr. Olson (for himself, Mr. Reichert, Mr. Michael F. Doyle of Pennsylvania, Mr. Pascrell, and Mr. Kind) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 amend title XVIII of the Social Security Act to align physician supervision requirements under
			 the Medicare program for radiology services performed by advanced level
			 radiographers with State requirements.

 1.Short titleThis Act may be cited as the Medicare Access to Radiology Care Act of 2017. 2.Aligning physician supervision requirements under the Medicare program for radiology services performed by advanced level radiographers with State requirements (a)In generalSection 1834(b) of the Social Security Act (42 U.S.C. 1395m(b)) is amended—
 (1)in paragraph (6), by inserting , subject to paragraph (7), after includes radiology services; and (2)by adding at the end the following new paragraph:

 (7)Treatment of services performed by advanced level radiographersFor purposes of paragraph (6), in the case of radiology services performed by an advanced level radiographer (as defined in section 1861(jjj)) in a State that has established standards for the direction or supervision by a physician of such a radiographer performing such services, such services shall be treated as performed under the direction or supervision of a physician if such services are performed under the direction or supervision of a physician to the extent required under such State law..
 (b)Advanced level radiographer definedSection 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection:

 (jjj)Advanced level radiographerThe term advanced level radiographer means a radiographer who is certified by the American Registry of Radiologic Technologists as a registered radiologist assistant or by the Certification Board for Radiology Practitioner Assistants as a radiology practitioner assistant to perform radiology services under the supervision of a radiologist..
 (c)Effective dateThe amendments made by this section shall apply with respect to services performed on or after the date that is 60 days after the date of the enactment of this Act.


116 HR 1027 IH: Fairness for Every Driver Act
U.S. House of Representatives
2019-02-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1027IN THE HOUSE OF REPRESENTATIVESFebruary 6, 2019Mr. Smith of Missouri (for himself and Mr. Gohmert) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to terminate the credit for new qualified plug-in
			 electric drive motor vehicles and to provide for a Federal highway user
			 fee on alternative fuel vehicles.

 1.Short titleThis Act may be cited as the Fairness for Every Driver Act. 2.Termination and repeal of credit for new qualified plug-in electric drive motor vehicles (a)TerminationSection 30D of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

 (h)TerminationNotwithstanding any of the preceding provisions of this section, this section shall not apply to vehicles placed in service after the date that is 30 days after the date of the enactment of this subsection..
			(b)Repeal
 (1)In generalSubpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 30D (and by striking the item relating to such section in the table of sections for such subpart).
				(2)Conforming amendments
 (A)Section 38(b) of the Internal Revenue Code of 1986 is amended by striking paragraph (30). (B)Section 1016(a) of such Code is amended by striking paragraph (37).
 (C)Section 6501(m) of such Code is amended by striking 30D(e)(4),. (3)Effective dateThe amendments made by this subsection shall apply to taxable years beginning after the date that is 1 year and 30 days after the date of the enactment of this Act.
				3.Federal Highway user fee on alternative fuel vehicles
			(a)Imposition of fee
 (1)In generalSubtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter:

						50AAlternative fuel vehicle highway user fee

								Sec. 5000D. Alternative fuel vehicle highway user fee.
							5000D.Alternative fuel vehicle highway user fee
 (a)In generalThere is imposed a user fee on any alternative fuel vehicle used in the United States during the taxable year.
								(b)Rate of fee
 (1)In generalThe fee imposed under subsection (a) with respect to any alternative fuel vehicle shall be the product of—
 (A)the average gallons of fuel consumption per vehicle for motor vehicles in the same category as such alternative fuel vehicle, multiplied by
										(B)
 (i)in the case of an alternative fuel vehicle in a category of vehicles which are ordinarily powered by gasoline, the rate of tax under section 4081(a)(2)(A)(i) in effect for the first day of the calendar year, and
 (ii)in the case of an alternative fuel vehicle in a category of vehicles which are ordinarily powered by diesel fuel, the rate of tax under section 4081(a)(2)(A)(iii) in effect for the first day of the calendar year.
											(2)Categories of vehicles
 (A)In generalFor purposes of this subsection, the Secretary, in consultation with the Secretary of Transportation, shall—
 (i)establish categories of similar motor vehicles for purposes of administering this section, and (ii)assign all motor vehicles that are commonly sold in the United States to one of the categories established under clause (i).
 (B)CriteriaIn establishing the categories under subparagraph (A)(i) and assigning motor vehicles to such categories under subparagraph (A)(ii), the Secretary shall consider—
 (i)gross vehicle weight rating, (ii)the number of wheels of the vehicle,
 (iii)the common use of the vehicle, (iv)whether comparable vehicles are ordinarily powered by gasoline or diesel fuel, and
 (v)such other factors as the Secretary, in consultation with the Secretary of Transportation, deems relevant.
 (3)Average gallons of fuel consumptionFor purposes of this subsection, the average gallons of fuel consumption for each category of motor vehicles—
 (A)shall be determined by the Secretary, in consultation with the Secretary of Transportation, taking into account only the motor vehicles in such category that are not alternative fuel vehicles, and
 (B)shall be updated annually. (c)DefinitionsFor purposes of this section—
									(1)Alternative fuel vehicle
 (A)In generalThe term alternative fuel vehicle means any plug-in electric vehicle, any fuel cell electric vehicle, or any other alternative fuel vehicle.
 (B)Plug-in electric vehicleThe term plug-in electric vehicle means a motor vehicle which is propelled to a significant extent by an electric motor which draws electricity from a battery which—
 (i)has a capacity of not less than 4 kilowatt hours, and (ii)is capable of being recharged from an external source of electricity.
 (C)Fuel cell electric vehicleThe term fuel cell electric vehicle means a motor vehicle which is propelled to a significant extent by an electric motor which draws electricity from hydrogen converted to electricity by a fuel cell.
 (D)Other alternative fuel vehicleThe term other alternative fuel vehicle means a motor vehicle (other than a plug-in electric vehicle or a fuel cell electric vehicle) which is propelled to a significant extent by an electric motor which draws power from any source that is not subject to tax under section 4041 or 4081 (determined without regard to any exemption for a specific use).
 (2)Motor vehicleThe term motor vehicle means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails).
 (d)LiabilityThe fee imposed under this section shall be paid by the person who owns the alternative fuel vehicle.
								(e)Administration and procedure
 (1)In generalThe fee imposed under this section shall be paid upon notice and demand by the Secretary, and shall be assessed and collected in the same manner as taxes. Except as otherwise provided, any reference in this title to tax imposed by this title shall be deemed also to refer to the fee provided by this section.
 (2)Time at which fee collectedAny fee due under this section shall be included with a taxpayer's return under chapter 1 for the taxable year..
 (2)Clerical amendmentThe table of chapters for subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

							Chapter 50A—Alternative fuel vehicle highway user fee.
 (b)Transfers of fees to highway trust fundSection 9503(b)(1) of the Internal Revenue Code of 1986 is amended— (1)by inserting and fees after the taxes; and
 (2)by striking and at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting , and, and by inserting after subparagraph (E) the following new subparagraph:

 (F)section 5000D (relating to alternative fuel vehicle highway user fee).. (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this section.


114 HRES 200 EH: Providing for consideration of the bill (H.R. 622) to amend the Internal Revenue Code of 1986 to make permanent the deduction of State and local general sales taxes; providing for consideration of the bill (H.R. 1105) to amend the Internal Revenue Code of 1986 to repeal the estate and generation-skipping transfer taxes, and for other purposes; and providing for consideration of the bill (H.R. 1195) to amend the Consumer Financial Protection Act of 2010 to establish advisory boards, and for other purposes.
U.S. House of Representatives
2015-04-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
114th CONGRESS
1st Session
H. RES. 200
In the House of Representatives, U. S.,

April 15, 2015

RESOLUTION
Providing for consideration of the bill (H.R. 622) to amend the Internal Revenue Code of 1986 to make permanent the deduction of State and local general sales taxes; providing for consideration of the bill (H.R. 1105) to amend the Internal Revenue Code of 1986 to repeal the estate and generation-skipping transfer taxes, and for other purposes; and providing for consideration of the bill (H.R. 1195) to amend the Consumer Financial Protection Act of 2010 to establish advisory boards, and for other purposes.

That upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 622) to amend the Internal Revenue Code of 1986 to make permanent the deduction of State and local general sales taxes. All points of order against consideration of the bill are waived. The amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means; and (2) one motion to recommit with or without instructions.  2.Upon adoption of this resolution it shall be in order to consider in the House the bill (H.R. 1105) to amend the Internal Revenue Code of 1986 to repeal the estate and generation-skipping transfer taxes, and for other purposes. All points of order against consideration of the bill are waived. The amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill, modified by the amendment printed in part B of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means; and (2) one motion to recommit with or without instructions.
3.At any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1195) to amend the Consumer Financial Protection Act of 2010 to establish advisory boards, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and amendments specified in this section and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services. After general debate the bill shall be considered for amendment under the five-minute rule. The amendment printed in part C of the report of the Committee on Rules accompanying this resolution shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as read. All points of order against provisions in the bill, as amended, are waived. No further amendment to the bill, as amended, shall be in order except those printed in part D of the report of the Committee on Rules. Each such further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such further amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto, to final passage without intervening motion except one motion to recommit with or without instructions.   Karen L. Haas,Clerk.


110 HR 5070 IH: To extend the suspension of duty on Polyfunctional

U.S. House of Representatives
2008-01-18
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. 5070
		IN THE HOUSE OF REPRESENTATIVES

			January 18, 2008
			Mr. Tim Murphy of
			 Pennsylvania introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend the suspension of duty on Polyfunctional
		  aziridine.

		1.Polyfunctional
			 aziridine
			(a)In
			 generalHeading 9902.11.88 of the Harmonized Tariff Schedule of
			 the United States (relating to Polyfunctional aziridine) is amended by striking
			 12/31/2009 and inserting 12/31/2011.
			(b)Effective
			 dateThe amendment made by subsection (a) 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.


IV
111th CONGRESS
1st Session
H. RES. 637
IN THE HOUSE OF REPRESENTATIVES

July 13, 2009
Mr. Bilbray (for himself, Mr. Royce, Mr. Hunter, Mr. Filner, Mrs. Davis of California, Mr. Lewis of California, Mr. Dreier, Mr. Rohrabacher, Mr. Campbell, Mr. Gary G. Miller of California, Mr. Calvert, Mrs. Bono Mack, and Mr. Issa) submitted the following resolution; which was referred to the Committee on Oversight and Government Reform

RESOLUTION
Honoring the life and accomplishments of Herbert Klein and expressing condolences on his passing.

Whereas Herbert Klein was born April 1, 1918, in Los Angeles, California, and made lasting contributions to the nature of United States foreign policy, presidential communications, and journalism;
Whereas he attended the University of Southern California (USC) and earned a degree in journalism, then attended Harvard Law School and received an honorary doctorate degree from the University of San Diego;
Whereas he was stationed in San Diego as a naval officer during World War II, serving as a public affairs officer for three years;
Whereas he accompanied Vice President Nixon to Moscow in 1959 for historic meetings with Soviet Premier Nikita Khrushchev, arranging for Nixon’s speech to the Russian people to be broadcast across the Soviet Union;
Whereas he represented Vice President Nixon in setting the terms for the first-ever televised debate in the 1960 Presidential campaign between Vice President Nixon and Senator John F. Kennedy, a turning point in presidential campaigning and political communication;
Whereas he accompanied President Nixon on his historic 1972 trip to China, which fundamentally altered the United States-China bilateral relationship and set us on the path to more open and constructive engagement;
Whereas he was the first White House Director of Communications, a job he created and held until 1973 in President Nixon's administration, expanding presidential media to include a greater focus on public relations as a whole;
Whereas he spent more than five decades with San Diego's Copley Newspapers, and was appointed that publication’s editor-in-chief in 1980;
Whereas he brought Major League sports to San Diego on the San Diego International Sports Council, and as co-founder of San Diego’s Super Bowl Task Force, led successful efforts to bring the game to San Diego in 1988, 1998, and 2003;
Whereas he also supported local athletics while serving on the San Diego National Sports Training Foundation’s Board, on the University of California, San Diego (UCSD) Athletic Board, and as president and chairman of the Holiday Bowl year-end football game in San Diego;
Whereas his leadership has been honored by LEAD San Diego through the Herbert G. Klein Visionary Award given annually for individuals who emulate the award’s namesake by making significant leadership contributions to the community;
Whereas he served on the boards of directors of the San Diego Regional Chamber of Commerce, the San Diego Regional Economic Development Corporation, San Diego's University Club, Scripps Health Foundation and Scripps Center for Integrative Medicine, and is a member of the director’s cabinet of Scripps Institution of Oceanography;
Whereas he was a USC trustee and created the Herb Klein Scholarship; and
Whereas he was a National Fellow of the American Enterprise Institute, where he argued against partisan deadlock, stressed factual credibility, and advocated for increased freedom of information: Now, therefore, be it

That the House of Representatives—
(1)honors the life and accomplishments of Herbert Klein and expresses condolences on his passing; and
(2)recognizes the significance of Herbert Klein’s contribution to the fields of public relations and journalism, his innovative undertakings in the field of communications, as well as his dedication to the people of San Diego, the great State of California, and the United States.


110 HR 5829 IH: Public Housing Asset Management Improvement Act of 2008
U.S. House of Representatives
2008-04-17
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. 5829
IN THE HOUSE OF REPRESENTATIVES

April 17, 2008
Mr. Sires (for himself, Mr. Frank of Massachusetts, and Mr. Meek of Florida) introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To improve the Operating Fund for public housing of the Department of Housing and Urban Development, and for other purposes.

1.Short titleThis Act may be cited as the Public Housing Asset Management Improvement Act of 2008.
2.Revisions to asset management rules and related fees
(a)Management and related feesThe Secretary of Housing and Urban Development shall not impose any restriction or limitation on the amount of management and related fees with respect to a public housing project if the fee is determined to be reasonable by the public housing agency, unless such restriction or limitation imposed by the Secretary on such fees—
(1)is determined pursuant to a negotiated rulemaking which is convened by the Secretary no earlier than April 1, 2009, and in accordance with subchapter III of chapter 5 of title 5, United States Code, with representatives from interested parties; and
(2)is effective only on or after January 1, 2011.The Secretary may not consider a public housing agency as failing to comply with the asset management requirements of subpart H of part 990 of title 24 of the Code of Federal Regulations, or any successor or amended regulation containing asset management requirements, or determine that an agency fails to comply with such requirements, because of or as a result of the agency determining its fees in accordance with this subsection.
(b)Increase of threshold for exemption from asset management requirements
(1)IncreaseAny public housing agency that owns or operates fewer than 500 public housing units under title I of the United States Housing Act of 1937 may elect to be exempt from any asset management requirement imposed by the Secretary of Housing and Urban Development.
(2)Determination of operating fund allocationIf a public housing agency elects pursuant to paragraph (1) to be exempt from asset management requirements, the agency may, at its option, retain the same number of separate public housing projects, for purposes of determining its operating fund allocation, as the agency had identified and the Secretary of Housing and Urban Development had approved before the agency’s election to be so exempt.
3.Prohibition on restriction of fungibility of Capital Fund amountsThe Secretary of Housing and Urban Development shall not impose any requirement, regulation, or guideline relating to asset management that restricts or limits in any way the use by public housing agencies of amounts for Capital Fund assistance under section 9(d) of such Act, pursuant to paragraph (1) or (2) of section 9(g) of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)), for costs of any central office of a public housing agency.
4.Tenant Participation
(a)Rule of constructionNeither the requirements of this Act, nor any other requirement, regulation, guideline, or other policy or action of the Department of Housing and Urban Development relating to public housing asset management may be construed to repeal or waive any provision of part 964 of title 24 of the Code of Federal Regulations, regarding tenant participation and tenant opportunities in public housing. The Secretary of Housing and Urban Development shall ensure that public housing agencies encourage the reasonable efforts of resident tenant organizations to represent their members or the reasonable efforts of tenants to organize.
(b)PHAs in receivershipIn the case of any public housing agency in receivership, the Secretary of Housing and Urban Development or any receiver may not abrogate, waive, repeal, or modify any provision of part 964 of title 24 of the Code of Federal Regulations or any provision of a formalized housing agreement entered into pursuant to such part 964 (including pursuant to section 964.11, 964.14, 964.18(a)(6), or 964.135 of such part) before the commencement of such receivership by a resident or tenant organization and the public housing agency.
(c)GuidanceGuidance issued by the Secretary of Housing and Urban Development shall encourage participation by residents in the implementation of asset management and the development of local policies for such purposes.
5.Ineligibility of illegal immigrants for assistanceImmigrants who are not lawfully present in the United States shall be ineligible for financial assistance under this Act, as provided and defined by section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a). Nothing in this Act shall be construed to alter the restrictions or definitions in such section 214.
6.Administrative provisions
(a)Prohibition of management fees for agreements prohibiting or requiring registration of firearmsThe Secretary of Housing and Urban Development shall not accept as reasonable any management or related fees for enforcing any provision of a dwelling lease agreement or other similar agreement that requires the registration of or prohibits the possession of any firearm that is possessed by an individual for his or her personal protection or for sport the possession of which is not prohibited, or the registration of which is not required, by existing law.
(b)Community service requirement
(1)Option to establishSection 12(c) of the United States Housing Act of 1937 (42 U.S.C. 1347j(c)) is amended—
(A)in the subsection heading, by inserting Optional before Community service;
(B)in paragraph (1), by striking the matter that precedes subparagraph (A) and inserting the following:

(1)In generalSubject to paragraph (2) and notwithstanding any other provision of law, a public housing agency may, at the option of the agency, require that each adult resident of a public housing project—;
(C)in paragraph (2), by striking the matter that precedes subparagraph (A) and inserting the following:

(2)ExemptionsThe Secretary shall require each public housing agency that establishes a community service requirement pursuant to paragraph (1) to provide an exemption from the applicability of the requirements authorized by paragraph (1) for any individual who—;
(D)in paragraph (3)—
(i)in subparagraph (A)—
(I)by striking the requirement under paragraph (1), the public housing agency and inserting a requirement established pursuant to paragraph (1) by a public housing agency, the agency; and
(II)by striking the requirement under paragraph (1) of this subsection and inserting such requirement; and
(ii)in subparagraph (C)—
(I)in the matter preceding clause (i), by striking the requirement under paragraph (1) and inserting a requirement established pursuant to paragraph (1) by the agency;
(II)in clause (i)(III) by striking the resident’s lease will not be renewed and inserting the following the agency may, in accordance with policies established by the agency at the option of the agency, refuse to renew the resident’s lease; and
(III)in clause (ii)—
(aa)by striking not and inserting , in accordance with policies established by the agency at the option of the agency, refuse to;
(bb)by striking shall and inserting may, in accordance with such policies,; and
(cc)by striking under paragraph (1) and inserting established pursuant to paragraph (1);
(E)in paragraph (4)—
(i)by striking not and inserting , in accordance with policies established by the agency at the option of the agency, refuse to; and
(ii)by striking the requirement under paragraph (1) and inserting a requirement established pursuant to paragraph (1) by the agency;
(F)in paragraph (5), by inserting that establishes a community service requirement pursuant to paragraph (1) after Each public housing agency;
(G)in paragraph (6), by striking The requirement under and inserting A requirement established pursuant to; and
(H)in paragraph (8), by striking the community service requirement under and inserting a community service requirement established pursuant to.
(2)PHA planSection 5A(d)(12) of the United States Housing Act of 1937 (42 U.S.C. 1437c–1(d)(12)) is amended by striking subparagraph (C) and inserting the following new subparagraph:

(C)whether the public housing agency will have in effect a community service requirement pursuant to section 12(c) and, if so, how the agency will comply with the requirements of such section, and how the agency will comply with the requirements of section 12(d) (relating to treatment of income changes resulting from welfare program requirements)..
(c)Public and assisted housing drug elimination program
(1)Authorization of AppropriationsSection 5129 of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11908) is amended by striking subsection (a) and inserting the following new subsection:

(a)In GeneralThere are authorized to be appropriated to carry out this chapter such sums as may be necessary for each of fiscal years 2009, 2010, and 2011..
(2)Eligible ActivitiesSection 5124(a)(6) of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11903(a)(6)) is amended by striking the semicolon at the end and inserting the following:
, except that the activities conducted under any program carried out in whole or in part with grant amounts provided pursuant to this paragraph may include—
(A)providing treatment for drug abuse through rehabilitation or relapse prevention;
(B)providing education about the dangers and adverse consequences of drug use or violent crime;
(C)identifying drug users, assisting such users in discontinuing their drug use through an education program, and, if appropriate, referring the users to a drug treatment program;
(D)providing after school activities for youths for the purpose of discouraging, reducing, or eliminating drug use or violent crime by youths;
(E)providing capital improvements for the purpose of discouraging, reducing, or eliminating drug use or violent crime;
(F)providing security services for the purpose of discouraging, reducing, or eliminating drug use or violent crime; and
(G)other appropriate activities..


		II
		111th CONGRESS
		1st Session
		S. 1410
		IN THE SENATE OF THE UNITED STATES

			July 8, 2009
			Mr. Reid (for
			 Mr. Kennedy (for himself,
			 Mr. Bingaman, Mr. Sanders, Mr.
			 Harkin, and Mr. Brown))
			 introduced the following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To establish expanded learning time initiatives, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 Time for Innovation Matters in
			 Education Act of 2009.
		2.PurposesThe purposes of this Act are—
			(1)to increase
			 opportunities for students in high-need schools to participate in expanded
			 learning time initiatives with expanded school days, expanded school weeks, or
			 expanded school years, in order to increase student academic achievement and
			 student engagement and success in schools by providing—
				(A)students with
			 more in-depth and rigorous learning opportunities in reading or language arts,
			 mathematics, science, history and civics, and other core academic
			 subjects;
				(B)students with
			 more time for additional subjects and enrichment activities that contribute to
			 a well-rounded education, which may include music and the arts, physical
			 education, service-learning, and experiential and work-based learning
			 opportunities (such as community service, learning apprenticeships,
			 internships, and job shadowing); and
				(C)teachers with
			 increased opportunities to work collaboratively, and to participate in
			 professional planning, within and across grades and subjects to improve
			 instruction;
				(2)to improve
			 teaching and learning by using expanded learning, including school redesign,
			 to—
				(A)create a seamless
			 program or curriculum with regular and expanded teaching and learning
			 opportunities within a school program that is comprehensively redesigned for
			 students and teachers; and
				(B)improve access to
			 instructional supports for academically struggling students;
				(3)to encourage
			 States, local educational agencies, and schools to develop high-quality,
			 innovative, replicable, and sustainable initiatives to expand learning time,
			 including using school redesign; and
			(4)to create
			 partnerships between schools and local educational agencies, and external
			 organizations such as community-based organizations, institutions of higher
			 education, community learning centers, cultural organizations, and health and
			 mental health agencies to provide expanded learning opportunities for
			 students.
			3.Definitions and
			 references
			(a)DefinitionsIn
			 this Act:
				(1)Community
			 learning centerThe term community learning center
			 means a community learning center, as defined in section 4201(b) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 7171(b)), that receives assistance under part B of
			 title IV of that Act.
				(2)Elementary and
			 secondary education termsThe terms community-based
			 organization, core academic subjects, elementary
			 school, highly qualified, institution of higher
			 education, local educational agency, other
			 staff, parent, professional development,
			 secondary school, Secretary, State, and
			 State educational agency have the meanings given the terms in
			 section 9101 of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 7801).
				(3)Eligible
			 entityThe term eligible entity means—
					(A)1 or more local
			 educational agencies; or
					(B)a partnership
			 that includes 1 or more local educational agencies and 1 or more of the
			 following:
						(i)A nonprofit
			 community-based organization, such as an organization with demonstrated
			 experience in expanding learning opportunities and helping schools redesign
			 their educational programs to better meet student needs, or an organization
			 focused on alternative learning or dropout prevention.
						(ii)An
			 institution of higher education.
						(iii)A community
			 learning center or entity carrying out an after-school program.
						(iv)Any other public
			 or nonprofit entity.
						(4)Expanded
			 learning time initiativeThe term expanded learning time
			 initiative means a program that—
					(A)uses an expanded
			 school day, expanded school week, or expanded school year schedule, that
			 increases the total number of school hours for the school year at a school by
			 not less than 300 hours—
						(i)compared to the
			 school year that is standard for the local educational agency serving the
			 school, for schools of the comparable level (elementary school, middle school,
			 or high school, as defined under applicable State law); or
						(ii)in
			 the case of a charter school that is its own local educational agency, compared
			 to the school year that is standard for local educational agencies in the
			 surrounding area, for schools of the comparable level;
						(B)uses the expanded
			 learning time involved to redesign the school's program in a manner that
			 includes additional time—
						(i)for
			 academic work, and to support innovation in teaching, to improve the
			 proficiency of participating students, particularly struggling students, in
			 reading or language arts, mathematics, science, history and civics, and other
			 core academic subjects;
						(ii)to
			 advance student learning for all students, including those who already meet or
			 exceed student academic achievement standards, as measured by State academic
			 assessments required under section 1111(b)(3) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311(b)(3));
						(iii)for additional
			 subjects and enrichment activities that contribute to a well-rounded education,
			 which may include music and the arts, physical education, service-learning, and
			 experiential and work-based learning opportunities (such as community service,
			 learning apprenticeships, internships, and job shadowing); and
						(iv)for teachers for
			 collaboration, and professional planning, within and across grades and
			 subjects; and
						(C)(i)in the case of a school
			 that is not a high school, will expand learning time for all students in all
			 grade levels in the school; or
						(ii)in the case of a high school, will
			 expand learning time for not less than 1 entire grade level of students in the
			 school, and if the school expands learning time for additional students under
			 this Act, will expand learning time for additional entire grade levels.
						(5)Expanded
			 learning time schoolThe term expanded learning time
			 school means a school that has implemented an expanded learning time
			 initiative using funds received under this Act.
				(6)Graduation
			 rateThe term graduation rate means a graduation
			 rate as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)) and clarified by section
			 200.19(b) of title 34, Code of Federal Regulations, or any corresponding
			 similar regulation or ruling.
				(7)High-need
			 school
					(A)In
			 generalThe term high-need school means—
						(i)a
			 public elementary school or secondary school at which 50 percent or more of the
			 students are eligible to be counted under 1 of the measures of poverty
			 described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965
			 (20 U.S.C. 6313(a)(5)); or
						(ii)a
			 school for which an eligible entity has obtained approval under subparagraph
			 (B).
						(B)Special rule
			 for secondary schoolsAn eligible entity seeking a grant from the
			 Secretary or a subgrant from a State educational agency under this Act may
			 apply to the Secretary or State educational agency, respectively, for approval
			 to treat a public secondary school as a high-need school under this Act. The
			 application shall include information, supplied by the secondary school,
			 explaining why the school should be treated as a high-need school. Such
			 information shall include information on the number and percentage of students
			 attending such school who are low-income students, the graduation rate for such
			 school, and information about the student academic achievement of students at
			 such school.
					(8)High
			 schoolThe term high school means a public high
			 school, as defined under applicable State law.
				(9)Low-income
			 studentThe term low-income student means a student
			 who is eligible to be counted under 1 of the measures of poverty described in
			 section 1113(a)(5) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)).
				(10)School
			 redesignThe term redesign, used with respect to a
			 school or school program, means a process to significantly reconfigure a
			 school’s or program's schedule in a manner that more effectively utilizes
			 students’ and teachers’ time, including providing additional time—
					(A)for academic work
			 and to support innovation in the teaching of core academic subjects;
					(B)for teachers to
			 collaborate and conduct professional planning; and
					(C)for innovative
			 approaches to providing academic, experiential, and work-based learning
			 opportunities.
					(b)ReferencesIn
			 this Act—
				(1)a reference to a
			 school day, school week, or school year includes a reference to a combination
			 thereof; and
				(2)a reference to a
			 school day, school week, or school year program (or schedule) includes a
			 reference to a combination thereof.
				4.Program
			 authorized
			(a)Grants to state
			 educational agenciesFrom the amount appropriated under section
			 11, the Secretary is authorized to award grants on a competitive basis under
			 section 5 to State educational agencies having applications approved pursuant
			 to section 5(c) to enable such agencies to award subgrants on a competitive
			 basis to eligible entities as described in sections 6 and 7.
			(b)ReservationFrom
			 the amount made available under this Act for each fiscal year, the Secretary
			 may reserve—
				(1)3 percent of the
			 amount to carry out the activities described in section 9; and
				(2)from the
			 remainder—
					(A)not more than 10
			 percent of the remainder to award grants under section 8; and
					(B)not more than
			 $1,000,000 to carry out the review of applications for, selection of recipients
			 of, and distribution of, grants to State educational agencies and eligible
			 entities under sections 5 and 8.
					5.Grants to state
			 educational agencies
			(a)Grants
				(1)In
			 generalThe Secretary is authorized to award grants to State
			 educational agencies on a competitive basis to assist the agencies in
			 developing State expanded learning time grant programs in accordance with this
			 Act, which shall involve awarding subgrants on a competitive basis to eligible
			 entities in accordance with this Act, to plan and implement expanded learning
			 time initiatives in high-need schools.
				(2)DistributionThe
			 Secretary shall ensure that grants awarded under this section and section 8 are
			 distributed to State educational agencies and eligible entities from diverse
			 geographical regions.
				(b)DurationThe
			 Secretary shall award each grant described in subsection (a) for a period of 6
			 years, and may renew each grant for additional periods of not more than 6
			 years.
			(c)ApplicationsA
			 State educational agency that desires to receive a grant under this section
			 shall submit an application to the Secretary at such time and in such manner as
			 the Secretary may require, containing—
				(1)a description of
			 how the State educational agency will use grant funds under this
			 section;
				(2)a description of
			 the peer review process and selection criteria the State educational agency
			 will use to evaluate applications from, and select, eligible entities to
			 receive expanded learning time planning and implementation subgrants, which
			 shall include a description of how the State educational agency will assess the
			 capacity of eligible entities to plan and implement high-quality expanded
			 learning time initiatives and a description of how the State educational agency
			 will prioritize applications from eligible entities that meet the requirements
			 of section 6(f);
				(3)a description of
			 the process the State educational agency will use to encourage local
			 educational agencies and schools, especially local educational agencies and
			 schools with high percentages of low-income students, to implement expanded
			 learning time initiatives;
				(4)a description of
			 how the State educational agency will provide or has provided technical
			 assistance and support to eligible entities, local educational agencies, and
			 schools receiving funds through the State educational agency under this Act, in
			 implementing expanded learning time initiatives, including—
					(A)assisting the
			 local educational agencies in identifying potential partners that are external
			 organizations with demonstrated experience in expanding learning opportunities
			 and helping schools redesign their educational programs to better meet student
			 needs; and
					(B)assisting the
			 eligible entities, local educational agencies, and schools in collecting,
			 reviewing, and analyzing data on student academic achievement;
					(5)a description of
			 how the State educational agency will use the expanded learning time grant
			 program involved, and lessons learned from such program, to improve student
			 academic achievement in schools that have not made adequate yearly progress
			 under section 1111(b)(2) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) for 2 or more
			 years, and improve such schools;
				(6)a description of
			 how the State educational agency will evaluate, on a regular basis, activities
			 carried out by eligible entities receiving funds through the State educational
			 agency under this Act;
				(7)a description of
			 how the State educational agency will collect, analyze, and disseminate, to
			 local educational agencies and other schools within the State, information on
			 best practices learned from schools receiving funding under this Act, including
			 best practices for improving student academic achievement in schools that have
			 not made adequate yearly progress under section 1111(b)(2) of the Elementary
			 and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) for 2 or more years,
			 and improve such schools;
				(8)an assurance that
			 the State educational agency, and any eligible entity receiving funds through
			 the State educational agency under this Act will, if requested, participate in
			 the evaluation under section 9(b)(3);
				(9)information
			 identifying the per-pupil funding amount range the State shall use in
			 establishing the correct amount of subgrants under section 7 to local
			 educational agencies; and
				(10)any other
			 information that the Secretary may reasonably require.
				(d)Authorized
			 activities
				(1)DistributionA
			 State educational agency that receives a grant under this section—
					(A)may reserve not
			 more than 10 percent of the grant funds to carry out the activities described
			 in paragraphs (2) through (4); and
					(B)shall use an
			 amount consisting of not less than 90 percent of the grant funds to award
			 subgrants, on a competitive basis, to eligible entities under section 6 or 7 to
			 enable the eligible entities to carry out the authorized activities described
			 in section 6(e) or 7(f), except that not more than 10 percent of that amount
			 shall be used for subgrants under section 6.
					(2)State-level
			 planning and administrationA State educational agency that
			 receives a grant under this section may use grant funds reserved under
			 paragraph (1)(A) for planning and administration, including—
					(A)evaluating
			 applications from eligible entities;
					(B)administering the
			 distribution of subgrants to eligible entities; and
					(C)assessing and
			 evaluating, on a regular basis, activities carried out by eligible entities
			 receiving funds through the State educational agency under this Act.
					(3)Technical
			 assistance for eligible entitiesA State educational agency that
			 receives a grant under this section may use grant funds reserved under
			 paragraph (1)(A) for technical assistance, including—
					(A)assisting
			 eligible entities in planning and implementing expanded learning time
			 initiatives, including assisting local educational agencies in identifying
			 potential partners that are external organizations with demonstrated experience
			 in expanding learning opportunities and helping schools redesign their
			 educational programs to better meet student needs;
					(B)implementing a
			 program of professional development for teachers and administrators, in schools
			 that receive funding under this Act, that prepares teachers and administrators
			 to implement the authorized activities described in section 7(f); and
					(C)identifying best
			 practices for using expanded learning time to improve student academic
			 achievement in schools that have not made adequate yearly progress under
			 section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20
			 U.S.C. 6311(b)(2)) for 2 or more years, and providing technical assistance to
			 local educational agencies in using such best practices to implement expanded
			 learning time in such schools.
					(4)Evaluation and
			 reportingA State educational agency that receives a grant under
			 this section shall annually prepare and submit to the Secretary a report that
			 contains all reports submitted by eligible entities under section 7(g), and an
			 evaluation of progress made by eligible entities in improving—
					(A)student academic
			 achievement as measured by State academic assessments required under section
			 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
			 6311(b)(3));
					(B)for high schools,
			 graduation rates; and
					(C)performance on a
			 set of comprehensive school performance indicators that may include—
						(i)student
			 attendance;
						(ii)as
			 appropriate, rate of earned on-time promotion from grade to grade;
						(iii)percentage of
			 students failing a credit-bearing mathematics, reading or language arts, or
			 science course, or failing 2 or more courses in any subjects; and
						(iv)for high
			 schools—
							(I)percentage of
			 students taking a college preparatory curriculum; or
							(II)student rates of
			 college enrollment, persistence, and attainment of an associate or
			 baccalaureate degree.
							(e)Match
				(1)In
			 generalEach State educational agency that receives a grant under
			 this section shall provide matching funds to carry out the activities supported
			 by the grant in an amount not less than—
					(A)for the first
			 year of an initial grant under this section, 10 percent of the cost of the
			 activities;
					(B)for the second
			 year of such a grant, 20 percent of the cost of the activities;
					(C)for the third or
			 fourth year of such a grant, 25 percent of the cost of the activities;
			 and
					(D)for the fifth
			 year of such a grant or any year of a subsequent grant under this section, 30
			 percent of the cost of the activities.
					(2)Matching
			 fundsThe State educational agency may provide the matching funds
			 in cash or in kind, fairly evaluated, including plant, equipment, or services,
			 but may not provide more than 50 percent of the matching funds in kind. The
			 State educational agency may provide the matching funds from State, local, or
			 private sources.
				(f)Supplement not
			 supplantFunds used to make grants under this Act shall be used
			 to supplement and not supplant other Federal, State, and local public funds
			 expended to plan or implement expanded learning time initiatives.
			6.Expanded
			 learning time planning subgrants
			(a)Subgrants
			 authorizedA State educational agency receiving a grant under
			 section 5 is authorized to award expanded learning time planning subgrants, on
			 a competitive basis, to eligible entities.
			(b)DurationThe
			 State educational agency shall award each subgrant described in subsection (a)
			 for a period of not more than 1 year. Such grants shall be nonrenewable.
			(c)Subgrant
			 amountThe State educational agency shall award each subgrant
			 described in subsection (a) in an amount that is not less than $15,000 and not
			 more than $60,000.
			(d)ApplicationsAn
			 eligible entity that desires to receive an expanded learning time planning
			 subgrant pursuant to this section shall submit an application to the State
			 educational agency at such time and in such manner as the agency may require,
			 containing—
				(1)a description of
			 the eligible entity's proposal to establish expanded learning time initiatives,
			 including school redesign, at high-need schools served by the eligible
			 entity;
				(2)information
			 identifying the number of high-need schools the eligible entity proposes to
			 serve using funds made available under this Act, and a description of the
			 process, considerations, and criteria the eligible entity will use to select
			 schools to implement the expanded learning time initiatives—
					(A)which
			 considerations shall include the percentage of low-income students attending
			 each school; and
					(B)which criteria
			 shall include the local educational agency's determination of the capacity of
			 each school to implement successfully a proposed expanded learning time
			 initiative;
					(3)a description of
			 the process by which the eligible entity will ensure the meaningful involvement
			 of teachers, teacher organizations, parents, and community-based organizations
			 in the development of the expanded learning time initiatives;
				(4)a description of
			 how the local educational agency involved and participating high-need schools
			 will work with external organizations that comprise the eligible entity
			 involved, and any other external organizations as applicable, such as a
			 community-based organization, an institution of higher education, a community
			 learning center, an entity carrying out an after-school program, or an
			 organization that will provide students with internships and work-based
			 learning opportunities, to develop and implement expanded learning time
			 initiatives;
				(5)an assurance that
			 the eligible entity has the infrastructure in place to collect the data
			 necessary for an evaluation of the impact of the expanded learning time
			 initiatives on student academic achievement, graduation rates, and indicators
			 described in section 5(d)(4), to be submitted in the report described in
			 section 7(g); and
				(6)an assurance that
			 each participating local educational agency will use the subgrant period to
			 negotiate and reach an agreement with the recognized representatives of the
			 employees of each participating high-need school served by the agency or, where
			 there is no such representative, with the employees of each participating
			 high-need school served by the agency.
				(e)Authorized
			 activitiesAn eligible entity receiving a subgrant under this
			 section shall use the subgrant funds to develop a detailed plan to implement
			 expanded learning time initiatives at high-need schools served by the eligible
			 entities as specified in this section.
			(f)PriorityIn
			 awarding subgrants under this section, a State educational agency shall give
			 priority to an application from an eligible entity if—
				(1)for each local
			 educational agency in the eligible entity, a high percentage of the students
			 served by the local educational agency are eligible to be counted under section
			 1124(c)(1)(A) of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)); and
				(2)the eligible
			 entity includes a nonprofit community-based organization, such as an
			 organization with demonstrated experience in expanding learning opportunities
			 and helping schools redesign their educational programs to better meet student
			 needs, or an organization focused on alternative learning or dropout
			 prevention.
				7.Expanded
			 learning time implementation subgrants
			(a)Subgrants
			 authorizedA State educational agency receiving a grant under
			 section 5 is authorized to award expanded learning time implementation
			 subgrants, on a competitive basis, to eligible entities that have received
			 subgrants pursuant to section 6.
			(b)DurationThe
			 State educational agency shall award each subgrant described in subsection (a)
			 for a period of not less than 5 years, and may renew each subgrant for
			 additional periods of not more than 5 years.
			(c)Subgrant
			 amountIn awarding a subgrant described in subsection (a) to an
			 eligible entity, a State educational agency shall determine the amount of the
			 subgrant by taking into account the number of students expected to participate
			 in the expanded learning time initiatives involved, as specified in the
			 application submitted by the eligible entity under subsection (d), and the
			 approximate per student cost of implementing a high-quality expanded learning
			 time initiative.
			(d)ApplicationsAn
			 eligible entity that desires to receive an expanded learning time
			 implementation subgrant pursuant to this section shall submit an application to
			 the State educational agency at such time and in such manner as the agency may
			 require, containing—
				(1)an identification
			 and description of each high-need school (selected in accordance with the
			 process, considerations, and criteria described in section 6(d)(2)) that will
			 receive funding from the eligible entity to participate in an expanded learning
			 time initiative, including information identifying the grade levels at the
			 school for which the expanded learning time initiative will be implemented
			 (which shall be the grade levels described in paragraph (1) or (2), as
			 appropriate, of subsection (g)), the number of students that will be served
			 through the initiative at the school, and student academic achievement,
			 demographic, and socioeconomic data for students at the school;
				(2)a description of
			 how the eligible entity will implement at each such school an expanded learning
			 time initiative that involves an expanded school day, expanded school week, or
			 expanded school year schedule, and school redesign at each such school
			 consistent with section 3(a)(4), which description shall include—
					(A)a description of
			 how the expanded learning time schedule will expand learning time by not less
			 than 300 hours, consistent with section 3(a)(4); and
					(B)a description of
			 how the eligible entity will meet each of the other requirements of the
			 definition in section 3(a)(4);
					(3)a description of
			 the plan the eligible entity will use to evaluate, on an annual basis, the
			 impact of each expanded learning time initiative on measures of student
			 academic achievement and student engagement and success, and other appropriate
			 measures;
				(4)a description of
			 the additional subjects and enrichment activities that will be offered at each
			 such school that contribute to a well-rounded education;
				(5)a comprehensive
			 plan, developed in collaboration with teachers and, as appropriate, other
			 staff, for professional development at each such school that includes a
			 description of intended changes in teaching practices and curriculum delivery
			 that will result in improved student academic achievement and student
			 engagement and success;
				(6)a description of
			 how the eligible entity will use the expanded learning time initiatives, and
			 lessons learned from such initiatives, to improve student academic achievement
			 in schools that have not made adequate yearly progress under section 1111(b)(2)
			 of the Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311(b)(2)) for 2 or more consecutive years;
				(7)evidence of an
			 agreement reached between each participating local educational agency and the
			 exclusive recognized representative of the employees of each participating
			 high-need school served by the agency, for employees to work the expanded
			 learning time schedules involved or, where there is no such representative,
			 evidence of an agreement supported (by at least two-thirds) of the employees of
			 each participating high-need school served by the agency, to work the expanded
			 learning time schedules involved;
				(8)a description of
			 how the local educational agency involved and participating high-need schools
			 will work with external organizations that comprise the eligible entity
			 involved, and any other external organizations as applicable, such as a
			 community-based organization, an institution of higher education, a community
			 learning center, an entity carrying out an after-school program, or an
			 organization that will provide students with internships and work-based
			 learning opportunities, to implement expanded learning time initiatives,
			 including a description of the specific roles and responsibilities of such
			 external organizations;
				(9)a description of
			 the process by which the eligible entity ensured the meaningful involvement of
			 teachers, teacher organizations where applicable, administrators, parents, and
			 community-based organizations in the development (including the design) of the
			 expanded learning time initiatives;
				(10)an assurance
			 that the eligible entity will work with a community learning center, or an
			 entity carrying out an after-school program, where appropriate, to provide
			 after-school programs for students participating in the expanded learning time
			 initiatives after the conclusion of the school day; and
				(11)an assurance
			 that the eligible entity will report to the State educational agency all data
			 necessary for the State educational agency's report, under section
			 5(d)(4).
				(e)PriorityIn
			 awarding subgrants under this section, a State educational agency shall give
			 priority to an application from an eligible entity that meets the criteria
			 described in section 6(f).
			(f)Authorized
			 activitiesAn eligible entity receiving a subgrant under this
			 section shall use the subgrant funds to implement high-quality expanded
			 learning time initiatives, at high-need schools served by such eligible entity,
			 that are consistent with section 3(a)(4).
			(g)Reports by
			 eligible entitiesEach
			 eligible entity receiving a subgrant under this section for expanded learning
			 time initiatives shall, not later than 1 year after the first day of the first
			 school year in which the expanded learning time initiatives were implemented,
			 prepare and submit to the State educational agency a report—
				(1)containing a
			 detailed description of the expanded learning time initiatives carried
			 out;
				(2)regarding the
			 technical assistance the eligible entity provided to expanded learning time
			 schools;
				(3)for each expanded
			 learning time school—
					(A)regarding the
			 budget for, and actual expenses associated with carrying out, the expanded
			 learning time initiatives in the first school year; and
					(B)regarding the
			 amount of time by which the school day, school week, or school year, was
			 expanded in the school; and
					(4)containing
			 information on the impact of the expanded learning time initiatives, including
			 data on student academic achievement as measured by State academic assessments
			 required under section 1111(b)(3) of the Elementary and Secondary Education Act
			 of 1965 (20 U.S.C. 6311(b)(3)), graduation rates, and indicators described in
			 section 5(d)(4).
				(h)Publication and
			 availability of report summariesThe Secretary shall publish and make widely
			 available to the public, including through a website or other means, a summary
			 of the eligible entity reports received under section 5(d)(4) and subsection
			 (g).
			8.Grants to
			 eligible entities
			(a)In
			 generalThe Secretary may award a grant under this section to an
			 eligible entity that serves 1 or more areas within 1 or more States.
			(b)Planning and
			 implementation grantsThe Secretary may award a planning grant
			 under subsection (a), to the eligible entity, to carry out the activities
			 described in section 6(e). In the case of an eligible entity that has received
			 a planning grant under subsection (a), the Secretary may award an
			 implementation grant under subsection (a) to the eligible entity, to carry out
			 the activities described in section 7(f).
			(c)ApplicationsTo
			 be qualified to receive a grant under subsection (a), an eligible entity shall
			 submit to the Secretary an application that contains (for a planning grant)
			 information describing how the entity will undertake the activities described
			 in section 5(c)(7) and the information described in section 6(d) and (for an
			 implementation grant) the information described in section 7(d), other than
			 paragraph (11) of that section. In determining whether to award a grant under
			 subsection (a) to an eligible entity, the Secretary shall give priority to an
			 eligible entity that meets the criteria described in section 6(f).
			(d)Period;
			 amountThe subgrant period and amount described in subsections
			 (b) and (c) of section 6 or 7, as appropriate, shall apply to the grant.
			(e)Authorities;
			 responsibilitiesThe eligible entity shall have the same
			 authorities and responsibilities under this Act as an eligible entity that
			 receives a subgrant under section 6 or 7, as appropriate. In carrying out the
			 report responsibilities described in section 7(g), the eligible entity shall
			 submit the reports to the Secretary.
			(f)Match
				(1)In
			 generalEach eligible entity that receives an implementation
			 grant under this section shall comply with the matching requirements described
			 in section 5(e)(1), except that references in that section to a grant under
			 section 5 shall be considered to be references to an implementation grant under
			 this section.
				(2)Matching
			 fundsThe eligible entity may provide the matching funds in cash
			 or in kind, fairly evaluated, including plant, equipment, or services, but may
			 not provide more than 50 percent of the matching funds in kind. The eligible
			 entity may provide the matching funds from State, local, or private sources, or
			 Federal sources under the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
				9.National
			 activities
			(a)Technical
			 assistance and support
				(1)In
			 generalThe Secretary is authorized to provide, directly or by
			 entering into a contract with an independent organization, technical assistance
			 to State educational agencies, eligible entities, including eligible entities
			 receiving grants under section 8, local educational agencies, and schools in
			 developing and implementing expanded learning time initiatives under this
			 Act.
				(2)Provision of
			 assistanceThe Secretary or such organization shall provide
			 technical assistance that shall include—
					(A)assisting State
			 educational agencies (and eligible entities receiving grants under section 8,
			 at the election of the Secretary) with developing expanded learning time
			 initiatives; and
					(B)identifying and
			 disseminating information about eligible entities, local educational agencies,
			 and schools that have effectively planned and implemented expanded learning
			 time initiatives, including schools that have implemented such initiatives to
			 improve student academic achievement in schools that previously had not made
			 adequate yearly progress under section 1111(b)(2) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) for 2 or more
			 years.
					(b)Evaluation and
			 dissemination
				(1)In
			 generalThe Secretary shall enter into a contract with an
			 independent organization with expertise in school improvement, program
			 evaluation, and measurement (such as an institution of higher education or
			 other research organization) to assist with the provision of the technical
			 assistance, and conduct the evaluation and analyses, described in this
			 subsection.
				(2)Technical
			 assistance on data collection and measures
					(A)In
			 generalThe independent organization shall provide technical
			 assistance to State educational agencies and eligible entities receiving funds
			 under this Act with data collection and analysis of the measures consisting
			 of—
						(i)measures of
			 student academic achievement and student engagement and success, including the
			 indicators and other measures described in section 5(d)(4);
						(ii)measures of
			 teacher collaboration and professional planning; and
						(iii)detailed
			 measures of the amount of time devoted to core academic subjects and additional
			 subjects and enrichment activities.
						(B)Special rule
			 for eligible entities receiving grants under section 8If an
			 eligible entity receives a grant under section 8, the eligible entity shall
			 establish measures in lieu of the measures described in subparagraph (A) to
			 assess the success of the eligible entity and schools receiving funds through
			 the eligible entity under this Act.
					(3)Report
					(A)In
			 generalThe independent organization shall prepare a report that
			 shall include the evaluation described in subparagraph (B), including the
			 analyses described in subparagraph (C), and the analyses described in
			 subparagraph (D).
					(B)EvaluationThe
			 independent organization shall conduct an evaluation of the impact and
			 implementation of the program funded under this Act, which evaluation shall
			 rely in part on the reports prepared by States under section 5(d)(4) and
			 eligible entities pursuant to sections 7(g) (including reports described in
			 section 8(e)).
					(C)ContentsIn
			 conducting the evaluation, the independent organization shall conduct an
			 analysis of the impact of the expanded learning time initiatives funded under
			 this Act, by analyzing data on the measures described in paragraph (2) and
			 other appropriate measures for students participating in expanded learning time
			 initiatives in all expanded learning time schools, with results from that
			 analysis disaggregated by expanded school day, expanded school week, or
			 expanded school year program, as appropriate.
					(D)AnalysesThe
			 independent organization shall conduct—
						(i)a
			 comparative analysis of how variation in school design, instructional
			 practices, and other conditions influence the success of the implementation of
			 the expanded learning time initiatives;
						(ii)a
			 comparative analysis of the conditions and activities that impact the planning
			 and implementation of the expanded learning time initiatives, including
			 teaching and leadership practices at a school, student and teacher schedules,
			 the additional costs of operating an expanded learning time school, how the
			 additional school hours required for the initiative involved are used to
			 enhance teaching and learning, and how external organizations are utilized for
			 the initiative;
						(iii)an analysis of
			 the similarities and differences in the ways in which schools implemented an
			 expanded school day, expanded school week, or expanded school year schedule;
			 and
						(iv)any other
			 analysis requested by the Secretary.
						(4)DisseminationThe
			 independent organization shall submit the report described in paragraph (3) to
			 Congress and the Secretary, and disseminate the report to the general public.
			 The Secretary shall ensure that the report described in paragraph (3) is
			 provided to eligible entities and local educational agencies on a periodic
			 basis for use in improving initiatives.
				10.ConstructionNothing in this Act shall be construed to
			 alter or otherwise affect the rights, remedies, and procedures afforded to the
			 employees of local educational agencies under Federal, State, or local law
			 (including applicable regulations or court orders) or under the terms of
			 collective bargaining agreements, memoranda of understanding, or other
			 agreements between such employees and their employers.
		11.Authorization
			 of appropriationsThere are
			 authorized to be appropriated to carry out this Act $350,000,000 for fiscal
			 year 2010, $380,000,000 for fiscal year 2011, $420,000,000 for fiscal year
			 2012, $460,000,000 for fiscal year 2013, and $500,000,000 for fiscal year
			 2014.


117 HR 2297 IH: Meeting IMD Needs with Direction Act
U.S. House of Representatives
2021-04-01
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.

I117th CONGRESS1st SessionH. R. 2297IN THE HOUSE OF REPRESENTATIVESApril 1, 2021Mr. Brendan F. Boyle of Pennsylvania (for himself, Mr. Fitzpatrick, Mr. Morelle, Ms. Houlahan, and Ms. Scanlon) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title XIX of the Social Security Act to provide coverage and payment under title XIX of the Social Security Act for services furnished to individuals who are patients in institutions for mental diseases during the COVID–19 emergency period and 180-days thereafter, and for other purposes.1.Short titleThis Act may be cited as the Meeting IMD Needs with Direction Act or the MIND Act.2.Coverage and payment under Medicaid for services furnished to certain individuals who are patients in institutions for mental diseases during the COVID–19 emergency period and 180-days thereafterSection 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended—(1)in paragraph (1), by inserting , provided, however, that this exclusion for services in an institution for mental diseases does not apply to services furnished to any individual during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the last day of the 180-day period succeeding such emergency) after diseases;(2)in paragraph (30)(B), by inserting provided, however, that this subparagraph (B) does not apply to services furnished to any such individual during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the last day of the 180-day period succeeding such emergency after section 1915(l)); and(3)by adding at the end of the flush left matter succeeding paragraph (30) the following new sentence: All other laws in this title are hereby repealed, to the extent that they exclude services (or payment for services) in an institution for mental diseases furnished to any individual during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the last day of the 180-day period succeeding such emergency..


		I
		112th CONGRESS
		1st Session
		H. R. 2929
		IN THE HOUSE OF REPRESENTATIVES

			September 14, 2011
			Mr. Labrador (for
			 himself and Mr. Simpson) introduced
			 the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To amend the Endangered Species Act of 1973 to provide an
		  exception to that Act for actions carried out against grizzly bears in
		  self-defense, defense of others, or a reasonable belief of imminent
		  danger.

		1.Exception to Endangered
			 Species Act of 1973 for self-defense, defense of others, or reasonable belief
			 of imminent danger regarding grizzly bearsSection 10 of the Endangered Species Act of
			 1973 (16 U.S.C. 1539) is amended by adding at the end the following:

				(k)Self-Defense,
				defense of others, or reasonable belief of imminent danger regarding grizzly
				bearsNotwithstanding any other provision of law (including
				regulations), the provisions of this Act shall not apply with respect to the
				taking of any grizzly bear by an individual who demonstrates to the Secretary
				by a preponderance of the evidence that the individual carried out the taking
				as a result of—
					(1)self-defense;
					(2)defense of another
				individual; or
					(3)a reasonable
				belief of imminent danger posed by the grizzly bear to any
				individual.
					.


		II
		Calendar No. 641
		110th CONGRESS
		2d Session
		S. 1247
		[Report No. 110–289]
		IN THE SENATE OF THE UNITED STATES

			April 26, 2007
			Mr. Lieberman (for
			 himself and Mr. Dodd) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			April 10, 2008
			Reported by Mr.
			 Bingaman, with an amendment and an amendment to the
			 title
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To amend the Weir Farm National Historic Site
		  Establishment Act of 1990 to limit the development of any property acquired by
		  the Secretary of the Interior for the development of visitor and administrative
		  facilities for the Weir Farm National Historic Site, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Weir Farm National Historic Site
			 Amendment Act.
		2.Development of
			 property for Weir Farm National Historic SiteSection 4(d) of the Weir Farm National
			 Historic Site Establishment Act of 1990 (16 U.S.C. 461 note; Public Law
			 101–485) is amended—
			(1)in paragraph
			 (1)(B), by striking contiguous to and all that follows through
			 the period at the end and inserting located in Fairfield County,
			 Connecticut.;
			(2)by striking
			 paragraph (2) and inserting the following:

					(2)Development of
				acquired property
						(A)Limitation
				relating to developmentExcept as provided in subparagraph (B),
				to ensure that any property acquired by the Secretary under paragraph (1)(A)
				conforms to the natural and undeveloped landscape of the property described in
				subsection (b), the Secretary shall limit, to the maximum extent practicable,
				the development of any property acquired by the Secretary under paragraph
				(1)(A).
						(B)ExceptionThe
				limitation relating to the development of property described in subparagraph
				(A) shall not—
							(i)prohibit the
				Secretary from acquiring any property under paragraph (1)(A) that, on the date
				on which the Secretary acquires the property, is developed in a manner that
				does not conform to the natural and undeveloped landscape of the property
				described in subsection (b); or
							(ii)require the
				Secretary to take any action to ensure that any property described in clause
				(i) that is acquired by the Secretary under paragraph (1)(A) conforms to the
				natural and undeveloped landscape of the property described in subsection
				(b).
							;
				and
			(3)in paragraph (3),
			 in the matter preceding subparagraph (A), by striking the appropriate
			 zoning authority and all that follows through Wilton,
			 Connecticut, and inserting the local governmental entity that,
			 in accordance with applicable State law, has jurisdiction over any property
			 acquired under paragraph (1)(A).

		1.Short titleThis Act may be cited as the
			 Weir Farm National Historic Site
			 Amendment Act.
		2.Location of visitor and
			 administrative facilities for Weir Farm National Historic SiteSection 4(d) of the Weir Farm National
			 Historic Site Establishment Act of 1990 (16 U.S.C. 461 note) is
			 amended—
			(1)in paragraph (1)(B), by
			 striking contiguous to and all that follows and inserting
			 within Fairfield County.;
			(2)by amending paragraph (2)
			 to read as follows:

					(2)Development
						(A)Maintaining natural
				characterThe Secretary shall keep development of the property
				acquired under paragraph (1) to a minimum so that the character of the acquired
				property will be similar to the natural and undeveloped landscape of the
				property described in subsection (b).
						(B)Treatment of previously
				developed propertyNothing in subparagraph (A) shall either
				prevent the Secretary from acquiring property under paragraph (1) that, prior
				to the Secretary’s acquisition, was developed in a manner inconsistent with
				subparagraph (A), or require the Secretary to remediate such previously
				developed property to reflect the natural character described in subparagraph
				(A).
						;
				and
			(3)in paragraph (3), in the
			 matter preceding subparagraph (A), by striking the appropriate zoning
			 authority and all that follows through Wilton,
			 Connecticut, and inserting the local governmental entity that,
			 in accordance with applicable State law, has jurisdiction over any property
			 acquired under paragraph (1)(A).
			Amend the title so as to read:
	 A bill to amend the Weir Farm National Historic Site Establishment Act
	 of 1990, and for other purposes..

		April 10, 2008
		Reported with an amendment and an amendment to the
		  title