		II
		111th CONGRESS
		1st Session
		S. 1512
		IN THE SENATE OF THE UNITED STATES

			July 23, 2009
			Mr. Durbin introduced
			 the following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To fund comprehensive programs to ensure an adequate
		  supply of nurses.

		1.Short
			 titleThis Act may be cited as
			 the Nurse Training and Retention Act
			 of 2009.
		2.FindingsCongress makes the following
			 findings:
			(1)America’s
			 healthcare system depends on an adequate supply of trained nurses to deliver
			 quality patient care.
			(2)Over the next 15
			 years, this shortage is expected to grow significantly. The Health Resources
			 and Services Administration has projected that by 2020, there will be a
			 shortage of nurses in every State and that overall only 64 percent of the
			 demand for nurses will be satisfied, with a shortage of 1,016,900 nurses
			 nationally.
			(3)To avert such a
			 shortage, today’s network of healthcare workers should have access to education
			 and support from their employers to participate in educational and training
			 opportunities.
			(4)With the
			 appropriate education and support, incumbent healthcare workers and incumbent
			 bedside nurses are untapped sources which can meet these needs and address the
			 nursing shortage and provide quality care as the American population
			 ages.
			3.Establishment of
			 grant program
			(a)PurposesIt
			 is the purpose of this section to authorize grants to—
				(1)address the
			 projected shortage of nurses by funding comprehensive programs to create a
			 career ladder to nursing (including Certified Nurse Assistants, Licensed
			 Practical Nurses, Licensed Vocational Nurses, and Registered Nurses) for
			 incumbent ancillary healthcare workers;
				(2)increase the
			 capacity for educating nurses by increasing both nurse faculty and clinical
			 opportunities through collaborative programs between staff nurse organizations,
			 healthcare providers, and accredited schools of nursing; and
				(3)provide training
			 programs through education and training organizations jointly administered by
			 healthcare providers and healthcare labor organizations or other organizations
			 representing staff nurses and frontline healthcare workers, working in
			 collaboration with accredited schools of nursing and academic
			 institutions.
				(b)GrantsNot
			 later than 6 months after the date of enactment of this Act, the Secretary of
			 Labor (referred to in this section as the Secretary) shall
			 establish a partnership grant program to award grants to eligible entities to
			 carry out comprehensive programs to provide education to nurses and create a
			 pipeline to nursing for incumbent ancillary healthcare workers who wish to
			 advance their careers, and to otherwise carry out the purposes of this
			 section.
			(c)Eligible
			 entitiesTo be eligible to receive a grant under this section an
			 entity shall—
				(1)be—
					(A)a healthcare
			 entity that is jointly administered by a healthcare employer and a labor union
			 representing the healthcare employees of the employer and that carries out
			 activities using labor management training funds as provided for under section
			 302 of the Labor-Management Relations Act, 1947 (18 U.S.C. 186(c)(6));
					(B)an entity that
			 operates a training program that is jointly administered by—
						(i)one
			 or more healthcare providers or facilities, or a trade association of
			 healthcare providers; and
						(ii)one or more
			 organizations which represent the interests of direct care healthcare workers
			 or staff nurses and in which the direct care healthcare workers or staff nurses
			 have direct input as to the leadership of the organization; or
						(C)a State training
			 partnership program that consists of non-profit organizations that include
			 equal participation from industry, including public or private employers, and
			 labor organizations including joint labor-management training programs, and
			 which may include representatives from local governments, worker investment
			 agency one-stop career centers, community based organizations, community
			 colleges, and accredited schools of nursing; and
					(2)submit to the
			 Secretary an application at such time, in such manner, and containing such
			 information as the Secretary may require.
				(d)Additional
			 requirements for healthcare employer described in subsection
			 (c)To be eligible for a grant
			 under this section, a healthcare employer described in subsection (c) shall
			 demonstrate—
				(1)an established
			 program within their facility to encourage the retention of existing
			 nurses;
				(2)it provides wages
			 and benefits to its nurses that are competitive for its market or that have
			 been collectively bargained with a labor organization; and
				(3)support for
			 programs funded under this section through 1 or more of the following:
					(A)The provision of
			 paid leave time and continued health coverage to incumbent healthcare workers
			 to allow their participation in nursing career ladder programs, including
			 Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational
			 Nurses, and Registered Nurses.
					(B)Contributions to
			 a joint labor-management training fund which administers the program
			 involved.
					(C)The provision of
			 paid release time, incentive compensation, or continued health coverage to
			 staff nurses who desire to work full- or part-time in a faculty
			 position.
					(D)The provision of
			 paid release time for staff nurses to enable them to obtain a Bachelor of
			 Science in Nursing degree, other advanced nursing degrees, specialty training,
			 or certification program.
					(E)The payment of
			 tuition assistance which is managed by a joint labor-management training fund
			 or other jointly administered program.
					(e)Other
			 requirements
				(1)Matching
			 requirement
					(A)In
			 generalThe Secretary may not make a grant under this section
			 unless the applicant involved agrees, with respect to the costs to be incurred
			 by the applicant in carrying out the program under the grant, to make available
			 non-Federal contributions (in cash or in kind under subparagraph (B)) toward
			 such costs in an amount equal to not less than $1 for each $1 of Federal funds
			 provided in the grant. Such contributions may be made directly or through
			 donations from public or private entities, or may be provided through the cash
			 equivalent of paid release time provided to incumbent worker students.
					(B)Determination
			 of amount of non-federal contributionNon-Federal contributions
			 required in subparagraph (A) may be in cash or in kind (including paid release
			 time), fairly evaluated, including equipment or services (and excluding
			 indirect or overhead costs). Amounts provided by the Federal Government, or
			 services assisted or subsidized to any significant extent by the Federal
			 Government, may not be included in determining the amount of such non-Federal
			 contributions.
					(2)Required
			 collaborationEntities carrying out or overseeing programs
			 carried out with assistance provided under this section shall demonstrate
			 collaboration with accredited schools of nursing which may include community
			 colleges and other academic institutions providing Associate, Bachelor's, or
			 advanced nursing degree programs or specialty training or certification
			 programs.
				(f)ActivitiesAmounts
			 awarded to an entity under a grant under this section shall be used for the
			 following:
				(1)To carry out
			 programs that provide education and training to establish nursing career
			 ladders to educate incumbent healthcare workers to become nurses (including
			 Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational
			 Nurses, and Registered Nurses). Such programs shall include one or more of the
			 following:
					(A)Preparing
			 incumbent workers to return to the classroom through English as a second
			 language education, GED education, pre-college counseling, college preparation
			 classes, and support with entry level college classes that are a prerequisite
			 to nursing.
					(B)Providing tuition
			 assistance with preference for dedicated cohort classes in community colleges,
			 universities, accredited schools of nursing with supportive services including
			 tutoring and counseling.
					(C)Providing
			 assistance in preparing for and meeting all nursing licensure tests and
			 requirements.
					(D)Carrying out
			 orientation and mentorship programs that assist newly graduated nurses in
			 adjusting to working at the bedside to ensure their retention post graduation,
			 and ongoing programs to support nurse retention.
					(E)Providing
			 stipends for release time and continued healthcare coverage to enable incumbent
			 healthcare workers to participate in these programs.
					(2)To carry out
			 programs that assist nurses in obtaining advanced degrees and completing
			 specialty training or certification programs and to establish incentives for
			 nurses to assume nurse faculty positions on a part-time or full-time basis.
			 Such programs shall include one or more of the following:
					(A)Increasing the
			 pool of nurses with advanced degrees who are interested in teaching by funding
			 programs that enable incumbent nurses to return to school.
					(B)Establishing
			 incentives for advanced degree bedside nurses who wish to teach in nursing
			 programs so they can obtain a leave from their bedside position to assume a
			 full- or part-time position as adjunct or full time faculty without the loss of
			 salary or benefits.
					(C)Collaboration
			 with accredited schools of nursing which may include community colleges and
			 other academic institutions providing Associate, Bachelor's, or advanced
			 nursing degree programs, or specialty training or certification programs, for
			 nurses to carry out innovative nursing programs which meet the needs of bedside
			 nursing and healthcare providers.
					(g)PreferenceIn
			 awarding grants under this section the Secretary shall give preference to
			 programs that—
				(1)provide for
			 improving nurse retention;
				(2)provide for
			 improving the diversity of the new nurse graduates to reflect changes in the
			 demographics of the patient population;
				(3)provide for
			 improving the quality of nursing education to improve patient care and
			 safety;
				(4)have demonstrated
			 success in upgrading incumbent healthcare workers to become nurses or which
			 have established effective programs or pilots to increase nurse faculty;
			 or
				(5)are modeled after
			 or affiliated with such programs described in paragraph (4).
				(h)Evaluation
				(1)Program
			 evaluationsAn entity that receives a grant under this section
			 shall annually evaluate, and submit to the Secretary a report on, the
			 activities carried out under the grant and the outcomes of such activities.
			 Such outcomes may include—
					(A)an increased
			 number of incumbent workers entering an accredited school of nursing and in the
			 pipeline for nursing programs;
					(B)an increasing
			 number of graduating nurses and improved nurse graduation and licensure
			 rates;
					(C)improved nurse
			 retention;
					(D)an increase in
			 the number of staff nurses at the healthcare facility involved;
					(E)an increase in
			 the number of nurses with advanced degrees in nursing;
					(F)an increase in
			 the number of nurse faculty;
					(G)improved measures
			 of patient quality (which may include staffing ratios of nurses, patient
			 satisfaction rates, patient safety measures); and
					(H)an increase in
			 the diversity of new nurse graduates relative to the patient population.
					(2)General
			 reportNot later than 2 years after the date of enactment of this
			 Act, and annually thereafter, the Secretary of Labor shall, using data and
			 information from the reports received under paragraph (1), submit to Congress a
			 report concerning the overall effectiveness of the grant program carried out
			 under this section.
				(i)Authorization
			 of appropriationsThere are authorized to be appropriated to
			 carry out this section, such sums as may be necessary.


113 HR 4761 IH: Rural Wind Energy Expansion Act of 2014
U.S. House of Representatives
2014-05-29
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
		2d Session
		H. R. 4761
		IN THE HOUSE OF REPRESENTATIVES

			May 29, 2014
			Mr. Blumenauer (for himself and Mr. Cole) introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to increase the maximum nameplate capacity of a small
			 wind turbine qualifying for an energy credit from 100 kilowatts to 20
			 megawatts.

		1.Short titleThis Act may be cited as the Rural Wind Energy Expansion Act of 2014.
		2.Findings
			Congress finds the following:(1)Distributed wind power, commonly referred to as small and community wind, is the use of wind turbines that are typically modest in size at homes, farms, businesses, and
			 public places to offset all or a portion of the site's energy consumption.
			(2)Distributed wind power can be employed efficiently at millions of sites, which means it has the
			 potential to produce very large amounts of electricity across the Nation
			 and abroad, even in the most remote or dangerous locations.
			(3)This segment of the renewable energy industry provides myriad public benefits, including high
			 levels of domestic manufacturing, energy resilience and independence, and
			 thousands of small business jobs in dozens of states.
			(4)The National Renewable Energy Laboratory and others have demonstrated that distributed wind power
			 provides a strong economic multiplier effect, which means greater local
			 revenue for the communities that install distributed wind turbines.
			(5)There are barriers to the market penetration of distributed wind power that have nothing to do with
			 this proven technology, including inconsistent Federal policy and
			 problematic local zoning ordinances.
			(6)Harnessing the power of the wind at homes, farms, schools, businesses, and on certain public lands
			 supports American small businesses, the economy, energy security, and the
			 environment.
			(7)Expanding the investment tax credit for distributed wind builds on the success of the existing
			 credit, tracks the development of distributed wind technology, and is a
			 proven and efficient method of supporting this development.
			3.Amendment to energy credit for distributed wind turbinesSection 48(c)(4) of the Internal Revenue Code of 1986 (relating to qualified
			 small wind property) is amended—
			(1)by striking subparagraph (A) and inserting the following new subparagraph:(A)In generalThe term qualified small wind energy property means—(i)property which uses a qualifying small wind turbine to generate electricity, or(ii)property which uses 1 or more wind turbines with an aggregate nameplate capacity of more than 100
			 kilowatts but not more than 20 megawatts., and(2)by redesignating subparagraph (C) as subparagraph (D) and inserting after subparagraph (B) the
			 following new subparagraph:(C)RegulationsThe Secretary shall prescribe such regulations as may be appropriate to prevent improper division
			 of property to attempt to meet the limitation under subparagraph (A)(ii)..


		I
		112th CONGRESS
		1st Session
		H. R. 3308
		IN THE HOUSE OF REPRESENTATIVES

			November 2, 2011
			Mr. Pompeo (for
			 himself, Mr. Labrador,
			 Mr. Ribble, and
			 Mr. Flake) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means, and in addition to the Committee on
			 Energy and Commerce, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend the Internal Revenue Code of 1986 to terminate
		  certain energy tax subsidies and lower the corporate income tax
		  rate.

		1.Short title; table of
			 contents; etc
			(a)Short
			 titleThis Act may be cited
			 as the Energy Freedom and Economic Prosperity Act .
			(b)Reference to
			 1986 CodeExcept as otherwise
			 expressly provided, whenever in this Act an amendment or repeal is expressed in
			 terms of an amendment to, or repeal of, a section or other provision, the
			 reference shall be considered to be made to a section or other provision of the
			 Internal Revenue Code of 1986.
			(c)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents; etc.
					Title I—Repeal of energy tax subsidies
					Sec. 101. Repeal of credit for alcohol fuel, biodiesel, and
				alternative fuel mixtures.
					Sec. 102. Repeal of credit for certain plug-in electric
				vehicles.
					Sec. 103. Early termination of credit for qualified fuel cell
				motor vehicles.
					Sec. 104. Repeal of alternative fuel vehicle refueling property
				credit.
					Sec. 105. Repeal of credit for alcohol used as
				fuel.
					Sec. 106. Repeal of credit for biodiesel and renewable diesel
				used as fuel.
					Sec. 107. Repeal of enhanced oil recovery credit.
					Sec. 108. Termination of credit for electricity produced from
				certain renewable resources.
					Sec. 109. Repeal of credit for producing oil and gas from
				marginal wells.
					Sec. 110. Termination of credit for production from advanced
				nuclear power facilities.
					Sec. 111. Repeal of credit for carbon dioxide
				sequestration.
					Sec. 112. Termination of energy credit.
					Sec. 113. Repeal of qualifying advanced coal
				project.
					Sec. 114. Repeal of qualifying gasification project
				credit.
					Sec. 115. Repeal of American Recovery and Reinvestment Act of
				2009 energy grant program.
					Title II—Reduction of corporate income tax rate
					Sec. 201. Corporate income tax rate reduced.

			IRepeal of energy
			 tax subsidies
			101.Repeal of
			 credit for alcohol fuel, biodiesel, and alternative fuel mixtures
				(a)In
			 generalSection 6426 is
			 repealed.
				(b)Conforming
			 amendments
					(1)Subparagraph (D)
			 of section 6427(e)(6) of such Code is amended by striking September 30,
			 2014 and inserting September 30, 2012.
					(2)Paragraph (1) of
			 section 4101(a) is amended by striking or alcohol (as defined in section
			 6426(b)(4)(A).
					(3)Paragraph (2) of
			 section 4104(a) is amended by striking 6426, or 6427(e).
					(4)Subparagraph (E)
			 of section 7704(d)(1) is amended—
						(A)by inserting
			 (as in effect on the day before the date of the enactment of the Energy
			 Freedom and Economic Prosperity Act) after of section
			 6426, and
						(B)by inserting
			 (as so in effect) after section
			 6426(b)(4)(A).
						(5)Paragraph (1) of
			 section 9503(b) is amended by striking the second sentence.
					(c)Clerical
			 amendmentThe table of sections for subchapter B of chapter 65 is
			 amended by striking the item relating to section 6426.
				(d)EffectiveThe amendments made by this section shall
			 apply with respect to fuel sold and used after December 31, 2012.
				102.Repeal of
			 credit for certain plug-in electric vehicles
				(a)In
			 generalSection 30 is
			 repealed.
				(b)Conforming
			 amendments
					(1)Paragraph (3) of Section 24(b) is amended
			 by striking , 30.
					(2)Clause (ii) of
			 section 25(e)(1)(C) is amended by striking , 30.
					(3)Paragraph (2) of
			 section 25B(g) is amended by striking , 30.
					(4)Paragraph (1) of
			 section 26(a) is amended by striking , 30.
					(5)Subclause (VI) of section 48C(c)(1)(A)(i)
			 is amended by inserting (as in effect on the day before the date of the
			 enactment of the Energy Freedom and Economic Prosperity Act) after
			 section 30(d).
					(6)Paragraph (3) of
			 section 179A(c) is amended by inserting (as in effect on the day before
			 the date of the enactment of the Energy Freedom and Economic Prosperity
			 Act) after section 30(c).
					(7)Subsection (a) of
			 section 1016 is amended by striking paragraph (25) and by redesignating
			 paragraphs (26) through (37) as paragraphs (25) through (36),
			 respectively.
					(8)Subsection (m) of
			 section 6501 is amended by striking 30(e)(6).
					(c)Clerical
			 amendmentThe table of sections for subpart B of part IV of
			 subchapter A of chapter 1 is amended by striking the item relating to section
			 30.
				(d)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2011.
				103.Early
			 termination of credit for qualified fuel cell motor vehicles
				(a)In
			 generalSection 30B is
			 repealed.
				(b)Conforming
			 amendments
					(1)Subparagraph (A) of section 24(b)(3) is
			 amended by striking , 30B.
					(2)Clause (ii) of
			 section 25(e)(1)(C) is amended by striking , 30B.
					(3)Paragraph (2) of
			 section 25B(g) is amended by striking , 30B,.
					(4)Paragraph (1) of
			 section 26(a) is amended by striking , 30B.
					(5)Subsection (b) of
			 section 38 is amended by striking paragraph (25).
					(6)Subsection (a) of
			 section 1016, as amended by section 102 of this Act, is amended by striking
			 paragraph (33) and by redesignating paragraphs (34), (35), and (36) as
			 paragraphs (33), (34), and (35), respectively.
					(7)Paragraph (2) of
			 section 1400C(d) is amended by striking , 30B.
					(8)Subsection (m) of
			 section 6501 is amended by striking , 30B(h)(9).
					(c)Clerical
			 amendmentThe table of sections for subpart B of part IV of
			 subchapter A of chapter 1 is amended by striking the item relating to section
			 30B.
				(d)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2012.
				104.Repeal of
			 alternative fuel vehicle refueling property credit
				(a)In
			 generalSection 30C is
			 repealed.
				(b)Conforming
			 amendments
					(1)Subsection (b) of
			 section 38 is amended by striking paragraph (26).
					(2)Paragraph (3) of section 55(c) is amended
			 by striking , 30C(d)(2),.
					(3)Subsection (a) of
			 section 1016, as amended by sections 102 and 103 of this Act, is amended by
			 striking paragraph (33) and by redesignating paragraph (34) and (35) as
			 paragraphs (33) and (34), respectively.
					(4)Subsection (m) of
			 section 6501 is amended by striking , 30C(e)(5).
					(c)Clerical
			 amendmentThe table of sections for subpart B of part IV of
			 subchapter A of chapter 1 is amended by striking the item relating to section
			 30C.
				(d)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2012.
				105.Repeal of
			 credit for alcohol used as fuel
				(a)In
			 generalSection 40 is
			 repealed.
				(b)Conforming
			 amendments
					(1)Subsection (b) of section 38 is amended by
			 striking paragraph (3).
					(2)Subsection (c) of
			 section 196 is amended by striking paragraph (3) and by redesignating
			 paragraphs (4) through (14) as paragraphs (3) through (13),
			 respectively.
					(3)Paragraph (1) of
			 section 4101(a) is amended by striking , and every person producing
			 cellulosic biofuel (as defined in section 40(b)(6)(E)).
					(4)Paragraph (1) of
			 section 4104(a) is amended by striking , 40.
					(c)Effective
			 dateThe amendments made by this section shall apply to fuel sold
			 or used after December 31, 2012.
				106.Repeal of
			 credit for biodiesel and renewable diesel used as fuel
				(a)In
			 generalSection 40A is
			 repealed.
				(b)Conforming
			 amendment
					(1)Subsection (b) of section 38 is amended by
			 striking paragraph (17).
					(2)Section 87 is
			 repealed.
					(3)Subsection (c) of
			 section 196, as amended by section 106 of this Act, is amended by striking
			 paragraph (11) and by redesignating paragraphs (11), (12), and (13) as
			 paragraphs (10), (11), and (12), respectively.
					(4)Paragraph (1) of
			 section 4101(a) is amended by striking , every person producing or
			 importing biodiesel (as defined in section 40A(d)(1).
					(5)Paragraph (1) of section 4104(a) is amended
			 by striking , and 40A.
					(6)Subparagraph (E)
			 of section 7704(d)(1) is amended by inserting (as so in effect)
			 after section 40A(d)(1).
					(c)Clerical
			 amendmentThe table of sections for subpart D of part IV of
			 subchapter A of chapter 1 is amended by striking the item relating to section
			 40A.
				(d)Effective
			 dateThe amendments made by this section shall apply to fuel
			 produced, and sold or used, after December 31, 2011.
				107.Repeal of
			 enhanced oil recovery credit
				(a)In
			 generalSection 43 is
			 repealed.
				(b)Conforming
			 amendments
					(1)Subsection (b) of
			 section 38 is amended by striking paragraph (6).
					(2)Paragraph (4) of
			 section 45Q(d) is amended by inserting (as in effect on the day before
			 the date of the enactment of the Energy Freedom and Economic Prosperity
			 Act) after section 43(c)(2).
					(3)Subsection (c) of
			 section 196, as amended by sections 106 and 107 of this Act, is amended by
			 striking paragraph (5) and by redesignating paragraphs (6) through (12) as
			 paragraphs (5) through (11), respectively.
					(c)Clerical
			 amendmentThe table of sections for subpart D of part IV of
			 subchapter A of chapter 1 is amended by striking the item relating to section
			 43.
				(d)Effective
			 dateThe amendments made by this section shall apply to costs
			 paid or incurred in taxable years beginning after December 31, 2012.
				108.Termination of
			 credit for electricity produced from certain renewable resources
				(a)In
			 generalSubsection (d) of
			 section 45 is amended—
					(1)by striking
			 2013 in paragraph (1) and inserting 2012,
			 and
					(2)by striking
			 2014 each place it appears in paragraphs (2), (3), (4), (6),
			 (7), (9), and (11) and inserting 2012.
					(b)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2012.
				109.Repeal of
			 credit for producing oil and gas from marginal wells
				(a)In
			 generalSection 45I is
			 repealed.
				(b)Conforming
			 amendmentSubsection (b) of section 38 is amended by striking
			 paragraph (19).
				(c)Clerical
			 amendmentThe table of sections for subpart D of part IV of
			 subchapter A of chapter 1 is amended by striking the item relating to section
			 45I.
				(d)Effective
			 dateThe amendments made by this section shall apply to
			 production in taxable years beginning after December 31, 2012.
				110.Termination of
			 credit for production from advanced nuclear power facilities
				(a)In
			 generalSubparagraph (B) of
			 section 45J(d)(1) is amended by striking January 1, 2021 and
			 inserting January 1, 2013.
				(b)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2012.
				111.Repeal of
			 credit for carbon dioxide sequestration
				(a)In
			 generalSection 45Q is
			 repealed.
				(b)Effective
			 dateThe amendment made by this section shall apply to carbon
			 dioxide captured after December 31, 2012.
				112.Termination of
			 energy credit
				(a)In
			 generalSection 48 is
			 amended—
					(1)by striking
			 January 1, 2017 each place it appears and inserting
			 January 1, 2013,
					(2)by striking
			 December 31, 2016 each place it appears and inserting
			 December 31, 2012, and
					(3)by striking
			 2012, or 2013 in subsection (a)(5)(C)(ii) and inserting
			 or 2012.
					(b)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2012.
				113.Repeal of
			 qualifying advanced coal project
				(a)In
			 generalSection 48A is
			 repealed.
				(b)Conforming
			 amendmentSection 46 is amended by striking paragraph (3) and by
			 redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5),
			 respectively.
				(c)Clerical
			 amendmentThe table of sections for subpart E of part IV of
			 subchapter A of chapter 1 is amended by striking the item relating to section
			 48A.
				(d)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2012.
				114.Repeal of
			 qualifying gasification project credit
				(a)In
			 generalSection 48B is
			 repealed.
				(b)Conforming
			 amendmentSection 46, as amended by this Act, is amended by
			 striking paragraph (3) and by redesignating paragraphs (4) and (5) as
			 paragraphs (3) and (4), respectively.
				(c)Clerical
			 amendmentThe table of
			 sections for subpart E of part IV of subchapter A of chapter 1 is amended by
			 striking the item relating to section 48B.
				(d)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after December 31, 2012.
				115.Repeal of
			 American Recovery and Reinvestment Act of 2009 energy grant program
				(a)In
			 generalSection 1603 of
			 division B of the American Recovery and Reinvestment Act of 2009 is
			 repealed.
				(b)Effective
			 dateThe amendment made by this section shall apply to property
			 placed in service after December 31, 2011.
				IIReduction of
			 corporate income tax rate
			201.Corporate
			 income tax rate reduced
				(a)In
			 generalNot later than 1 year
			 after the date of the enactment of this Act, the Secretary of the Treasury
			 shall prescribe a rate of tax in lieu of the rates under paragraphs (1) and (2)
			 of section 11(b), section 1201(a), and paragraphs (1), (2), and (6) of section
			 1445(e) to such a flat rate as the Secretary estimates would result in—
					(1)a
			 decrease in revenue to the Treasury for taxable years beginning during the
			 10-year period beginning on the date of the enactment of this Act, equal
			 to
					(2)the increase in
			 revenue for such taxable years by reason of the amendments made by title I of
			 this Act.
					(b)Effective
			 dateThe rate prescribed by the Secretary under subsection (a)
			 shall apply to taxable years beginning more than 1 year after the date of the
			 enactment of this Act.


115 HR 6451 IH: UNRWA Reform and Refugee Support Act of 2018
U.S. House of Representatives
2018-07-19
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 CONGRESS2d SessionH. R. 6451IN THE HOUSE OF REPRESENTATIVESJuly 19, 2018Mr. Lamborn (for himself, Mr. Weber of Texas, Mr. DesJarlais, Mr. Perry, Mr. McKinley, and Ms. Tenney) introduced the following bill; which was referred to the Committee on Foreign AffairsA BILLTo establish the policy of the United States with respect to contributions to the United Nations
			 Relief and Works Agency for Palestine Refugees in the Near East, and for
			 other purposes.

 1.Short titleThis Act may be cited as the UNRWA Reform and Refugee Support Act of 2018. 2.FindingsCongress finds the following:
 (1)The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) was founded in 1949 through United Nations General Assembly Resolution 302 at the conclusion of the Arab-Israeli Conflict of 1948 to alleviate the conditions of starvation and distress among the Palestine refugees from that conflict.
 (2)According to UNRWA’s Consolidated Eligibility and Registration Instructions (CERI), Palestinian refugees are persons whose normal place of residence was Palestine during the period 1 June 1946 to 15 May 1948, and who lost both home and means of livelihood as a result of the 1948 conflict.
 (3)Beginning in the 1950s, UNRWA changed the eligibility requirements to be a Palestinian refugee from those displaced in 1948 that is inconsistent with the original definition of the agency. This change significantly inflated the number of purported refugees and subsequently the number of individuals who are eligible to receive UNRWA benefits. UNRWA classifies individuals eligible for benefits as Palestinian refugees including, but not limited to, those descendants of Palestine refugee males, including legally adopted children, several generations removed from the conflict, who were born decades after the conflict ended.
 (4)This classification process is inconsistent with how all other refugees in the world are classified, including the definition used by the United Nations High Commission on Refugees (UNHCR) and the laws concerning refugees in the United States. Because of UNRWA’s unique definition of a refugee, the number of Palestinian refugees has grown exponentially over the years, from approximately 600,000 in 1949 to 5,300,000 today. In contrast the number of refugees from other conflicts has diminished dramatically through UNHCR.
 (5)Instead of resettling Palestinian refugees displaced as a result of the Arab-Israeli Conflict of 1948, UNRWA provides aid to those they define as Palestinian refugees until there is a solution they deem acceptable to the Israeli-Palestinian conflict. This policy does not help resettle the refugees from 1948 but instead maintains a refugee population in perpetuity.
 (6)The United States has been UNRWA’s biggest donor since its inception, and contributes a disproportionate amount on Palestinian refugees in comparison to other refugees around the world. The United Nations High Commissioner for Refugees has addressed the world’s estimated 65,000,000 displaced persons with a staff of just over 10,000 and a 2017 budget of $7,700,000,000. UNRWA, which claims it works on behalf of over 5,300,000 Palestinian refugees, has a staff of over 30,000, with a 2016 budget of $1,450,000,000.
 (7)UNRWA has 1 relief worker per roughly 170 refugees, 40 times the allocation of relief workers to non-Palestinian refugees by the United Nations High Commissioner for Refugees.
 (8)UNRWA facilities have been used to launch terror attacks against Israel, and UNRWA employees have frequently faced credible charges of working with terrorist groups such as Hamas, including the following:
 (A)On July 16, 2014, UNRWA reported that it had found 20 missiles in one of its schools in Gaza, likely placed there by Hamas, and then returned them to the relevant authorities in Gaza, territory controlled by Hamas.
 (B)UNRWA reported finding missiles in their schools again on July 22, 2014, and July 29, 2014. (C)On July 30, 2014, three Israeli Defense Force soldiers were killed in an explosion at a booby-trapped UNRWA health clinic, which was housing the opening to one of Hamas’ underground tunnels.
 3.Sense of CongressIt is the sense of Congress that— (1)the United States should—
 (A)support UNRWA solely to the extent necessary to accomplish its original and intended purpose to resettle refugees from the Arab-Israeli Conflict of 1948;
 (B)make contributions to UNRWA in proportion to the number of refugees it assists that meet the United States definition of a refugee; and
 (C)continue to assist other needy populations around the world through international aid and development assistance, including Palestinians in the West Bank, Gaza, Jordan, Lebanon, and Syria;
 (2)the Secretary of State should determine and accordingly provide to UNRWA a voluntary contribution in an amount that bears the same proportion to the total requested United States contribution as the proportion that refugees of the Arab-Israeli Conflict of 1948 who meet the requirements described in section 4(a) bear to the full population supported by UNRWA programs;
 (3)amounts made available to the Secretary of State that are withheld from UNRWA in accordance with the determination described in paragraph (2) should instead be made available to the Administrator of the United States Agency for International Development for providing assistance to other populations in need in the West Bank, Gaza, Jordan, Lebanon, and Syria; and
 (4)in accordance with the prohibition under section 301(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2221(c)), United States assistance should not be made available to any refugee who is receiving military training as a member of the Palestine Liberation Army or who is a part of any organization engaging in acts of terrorism.
			4.Statements of policy with respect to criteria for recognition of refugee status
 (a)Criteria for recognition of UNRWA refugee statusIt shall be the policy of the United States, with respect to recognizing the refugee status of persons receiving assistance through UNRWA, that a Palestinian refugee is a person, or the spouse or minor child of a person—
 (1)whose resided, between June 1946 and May 1948, in the region controlled by Britain between 1922 and 1948 known as Mandatory Palestine;
 (2)who was personally displaced as a result of the Arab-Israeli Conflict of 1948; and (3)who has not accepted an offer of legal residency status, citizenship, or other permanent adjustment in status in another country.
 (b)Consistency with United States eligibility for refugee statusIn applying the criteria described in subsection (a) with respect to refugees under UNRWA, it shall be the policy of the United States, consistent with the definition of a refugee in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) and the requirements for eligibility for refugee status under such Act, that—
 (1)derivative refugee status may only be extended to the spouse or minor child of such a refugee; and (2)an alien who was firmly resettled in any country is not eligible to retain refugee status.


117 HRES 524 IH: Expressing the sense of the House of Representatives that the alliance between the United States and the Republic of Slovenia and the enduring friendship between the American and Slovenian peoples is critical to United States interests.
U.S. House of Representatives
2021-07-09
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.

IV117th CONGRESS1st SessionH. RES. 524IN THE HOUSE OF REPRESENTATIVESJuly 9, 2021Mr. Gosar submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONExpressing the sense of the House of Representatives that the alliance between the United States and the Republic of Slovenia and the enduring friendship between the American and Slovenian peoples is critical to United States interests.Whereas, on December 23, 1990, the people of Slovenia voted overwhelmingly in favor of independence from the former Yugoslavia in a national referendum;Whereas, on June 25, 1991, the Republic of Slovenia declared itself an independent and sovereign country;Whereas, on December 23, 1991, the Parliament of Slovenia adopted a Constitution based on the rule of law, respect for human rights, and democratic ideals;Whereas, on April 7, 1992, the United States recognized the independence of Slovenia, which was followed by the establishment of diplomatic relations on August 11, 1992;Whereas Slovenia has made important contributions to international efforts to promote peace, stability, and development in Europe, the Middle East and the Near East, Africa, and elsewhere;Whereas Slovenia has been an important United States ally in Central Europe and a strong advocate of democracy, human rights, the rule of law, and the merits of an open and free market economy;Whereas Central Europe is a critical geographic region for United States, North Atlantic Treaty Organization (NATO), and European Union (EU) interests;Whereas China and the Russian Federation have made concerted efforts to exert influence on our Central European allies and partners to drive a wedge between these nations and the rest of NATO and the EU;Whereas Slovenia has become an active member country of international organizations, including the United Nations, NATO, the EU, the Organization for Economic Cooperation and Development, the Organization for Security and Cooperation in Europe, the Council of Europe, and the World Trade Organization;Whereas Slovenia has further strengthened its international role by successfully chairing the Organization for Security and Cooperation in Europe in 2005, and, as the first new member from Central and Eastern Europe, by successfully holding the presidency of the Council of the European Union in 2008, when it also hosted a summit between the United States and the European Union attended by President George W. Bush;Whereas Slovenia will hold the presidency of the Council of the European Union again in 2021;Whereas Slovenia actively participates in numerous regional forums with strong transatlantic interest, notably the Three Seas Initiative, including its Investment Fund, and the Partnership for Transatlantic Energy Cooperation;Whereas the United States and Slovenia share broad understanding of many topical issues, including cybersecurity and energy security;Whereas almost a decade has passed since the last visit of the Prime Minister of Slovenia to the White House and a new interaction at this level is therefore urgently needed;Whereas June 25, 2021, marks the 30th anniversary of Slovenia’s declaration of independence; andWhereas, on March 3, 2020, Janez Janša was elected as the 14th Prime Minister of Slovenia and has not yet met with the President of the United States to further political, trade, and military relationships: Now, therefore, be itThat the House of Representatives—(1)applauds the many achievements of the Republic of Slovenia since gaining its independence and respects its contribution to freedom-loving people around the world;(2)recognizes the close friendship, strategic partnership, and strong alliance between the United States and Slovenia, which has facilitated the enhancement of democratic values and the promotion of peace around the world;(3)recognizes the important role of the Slovenian community in the United States to promote partnerships and cooperation between the two countries, as well as the significant and historic contributions of this community to the American society and economy, including to the ideal of the American dream;(4)encourages continued engagement between the United States and Slovenia to further the bilateral relationship and pursue shared interests and goals around the world; and(5)encourages a bilateral meeting between the President of the United States and the Prime Minister of Slovenia.


106 HR 2486 IH: Haulers of Agriculture and Livestock Safety Act of 2021
U.S. House of Representatives
2021-04-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 2486IN THE HOUSE OF REPRESENTATIVESApril 13, 2021Mr. Rose (for himself and Mr. Soto) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend the Motor Carrier Safety Improvement Act of 1999 to modify certain agricultural exemptions for hours of service requirements, and for other purposes.1.Short titleThis Act may be cited as the Haulers of Agriculture and Livestock Safety Act of 2021 or the HAULS Act of 2021.2.Transportation of agricultural commodities and farm suppliesSection 229 of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136 note; Public Law 106–159) is amended—(1)in subsection (a)(1)—(A)in the matter preceding subparagraph (A), by striking during planting and harvest periods, as determined by each State,; and(B)by striking subparagraph (A) and inserting the following:(A)drivers transporting agricultural commodities within a 150 air-mile radius from—(i)the source of the agricultural commodities; or(ii)the destination of the agricultural commodities;; and(2)in subsection (e)(8), by striking during the planting and harvesting seasons within each State, as determined by the State, and livestock feed at any time of the year and inserting and livestock feed. 3.Definition of agricultural commodity(a)In generalSection 229(e) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136 note; Public Law 106–159) is amended by striking paragraph (7) and inserting the following:(7)Agricultural commodityThe term agricultural commodity has the meaning given the term in section 395.2 of title 49, Code of Federal Regulations (or a successor regulation)..(b)RulemakingNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall revise the definition of the term agricultural commodity in section 395.2 of title 49, Code of Federal Regulations, to include—(1)any nonprocessed product planted or harvested for food, feed, fuel, or fiber;(2)(A)any nonhuman living animal, including—(i)fish; (ii)insects; and (iii)livestock (as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471)); and (B)the nonprocessed products of any nonhuman living animal, including—(i)milk; (ii)eggs; and(iii)honey;(3)nonprocessed forestry, aquacultural, horticultural, and floricultural commodities;(4)fresh or minimally processed fruits and vegetables, including fruits and vegetables that are rinsed, cooled, cut, ripened, or otherwise minimally processed, as determined by the Secretary; and(5)animal feed, including the ingredients of animal feed.


		II
		109th CONGRESS
		2d Session
		S. 4066
		IN THE SENATE OF THE UNITED STATES

			November 16, 2006
			Mr. Graham introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To prohibit the designation of Brazil under title V of
		  the Trade Act of 1974.

		1.Generalized system of
			 preferences
			(a)FindingsCongress
			 makes the following findings:
				(1)The generalized
			 system of preferences (GSP) is an important economic tool which gives
			 developing countries duty free access to United States markets for certain
			 products.
				(2)Brazil has
			 utilized the benefits of the generalized system of preferences to gain access
			 into United States markets and to increase Brazil's imports of automotive
			 brakes, refined copper cathodes, refined copper wires, plywood, parts of
			 generators, and other products.
				(3)Brazil is the
			 third leading beneficiary under the generalized system of preferences with
			 respect to access into the United States markets. The total value of imports
			 from Brazil under the generalized system of preferences was over $3,600,000,000
			 in 2005.
				(4)When granting
			 benefits under the generalized system of preferences to a country, the
			 President is directed to consider the country’s commitment to a liberal trade
			 policy.
				(5)Brazil has
			 imposed prohibitive antidumping duties of over 100 percent against United
			 States and Argentine exports of polyethylene terephthalate (PET), which is a
			 resin widely used to make plastic packaging for soft drinks, foods, cosmetics,
			 and pharmaceuticals.
				(6)Brazil failed to
			 conduct antidumping investigations properly, in apparent violation of Article
			 VI of the General Agreement on Tariffs and Trade 1994, giving the United States
			 companies no opportunity to fully defend themselves or cure alleged defects in
			 their responses, despite their attempts to cooperate fully.
				(b)Ineligibility
			 for generalized system of preferences
				(1)In
			 generalSection 502(b)(1) of the Trade Act of 1974 (19 U.S.C.
			 2462(b)(1)) is amended by adding at the end the following:

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


116 HR 1724 IH: Higher Education Access and Success for Homeless and Foster Youth Act
U.S. House of Representatives
2019-03-13
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. 1724IN THE HOUSE OF REPRESENTATIVESMarch 13, 2019Ms. Clark of Massachusetts (for herself, Mr. Young, and Mr. Langevin) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Higher Education Act of 1965 to improve the financial aid process for homeless and
			 foster care youth.

 1.Short titleThis Act may be cited as the Higher Education Access and Success for Homeless and Foster Youth Act. 2.Definitions (a)Independent studentSection 480(d)(1)(H) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(d)(1)(H)) is amended—
 (1)in the matter preceding clause (i)— (A)by striking during the school year in which the application is submitted;
 (B)by inserting age 23 or younger after unaccompanied youth; and (C)by striking terms are and inserting term is;
 (2)in clause (i), by inserting , or a designee of the liaison after Act; (3)in clause (ii), by striking a program funded under the Runaway and Homeless Youth Act and inserting an emergency or transitional shelter, street outreach program, homeless youth drop-in center, or other program serving homeless youth,; and
 (4)in clause (iii), by striking program funded under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (relating to emergency shelter grants) and inserting Federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate program under chapter 1 or 2 of subpart 2 of part A,.
 (b)Foster care youthSection 103 of the Higher Education Act of 1965 (20 U.S.C. 1003) is amended by adding at the end the following:

 (25)Foster care youthThe term foster care youth— (A)means children and youth whose care and placement are the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of such children and youth; and
 (B)includes individuals who were age 13 or older when their care and placement were the responsibility of a State or Tribal agency that administered a State or Tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq. and 670 et seq.) and who are no longer under the care and responsibility of such a State or Tribal agency, without regard to any such individual’s subsequent adoption, guardianship arrangement, or other form of permanency outcome..
 3.Streamlining determinations and verificationSection 480(d) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(d)) is amended by adding at the end the following:

				(3)Simplifying the determination process for unaccompanied youth
 (A)VerificationA financial aid administrator shall accept a determination of independence made by any individual authorized to make such determinations under clause (i), (ii), or (iii) of paragraph (1)(H) in the absence of conflicting information. A documented phone call with, or a written statement from, one of the authorized individuals is sufficient verification when needed. For purposes of this paragraph, a financial aid administrator's disagreement with the determination made by an authorized individual shall not be considered conflicting information.
 (B)Determination of independenceA financial aid administrator shall make a determination of independence under paragraph (1)(H) if a student does not have, and cannot get, documentation from any of the other designated authorities described in such paragraph. Such a determination shall be—
 (i)based on the definitions outlined in paragraph (1)(H); (ii)distinct from a determination of independence under paragraph (1)(I);
 (iii)based on a documented interview with the student; and (iv)limited to whether the student meets the definitions in paragraph (1)(H) and not about the reasons for the student's homelessness.
 (C)Additional streamlining permittedNothing in this paragraph prohibits an institution from implementing polices that— (i)streamline the determination of independence under paragraph (1)(H); and
 (ii)improve a student’s access to financial aid because that student is an unaccompanied youth. (4)Simplifying the verification process for foster care youth (A)Verification of independenceIf an institution requires documentation to verify that a student is independent based on a status described in paragraph (1)(B), a financial aid administrator shall consider any of the following as adequate verification:
 (i)Submission of a court order or official State documentation that the student received Federal or State support in foster care.
 (ii)A documented phone call with, written statement from, or verifiable electronic data match with— (I)a child welfare agency authorized by a State or county;
 (II)a Tribal child welfare authority; (III)an Independent Living case worker;
 (IV)a public or private foster care placing agency or foster care facility or placement; (V)another program serving orphans, foster care youth, or wards of the court; or
 (VI)a probation officer. (iii)A documented phone call with, or a written statement from, an attorney, a guardian ad litem, or a Court Appointed Special Advocate, documenting that person's relationship to the student.
 (iv)A documented phone call with, or a written statement from, a representative of a Federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate program under chapter 1 or 2 of subpart 2 of part A.
 (v)Verification of the student’s eligibility for an education and training voucher under the John H. Chafee Foster Care Independence Program (42 U.S.C. 677).
 (vi)Submission of a copy of the student's biological or adoptive parents’ or legal guardians'— (I)Certificates of Death; or
 (II)verifiable obituaries. (vii)An attestation from the student, which includes a description of why the student may qualify for a status described in paragraph (1)(B), including the approximate dates that the student was in foster care, dependent, or a ward of the court, to the best of the student’s knowledge after making reasonable efforts to provide any requested documentation.
 (B)Additional streamlining permittedNothing in this paragraph prohibits an institution from implementing polices that streamline the determination of independent status and improve a student's access to financial aid because that student is an orphan, in foster care, or a ward of the court, or was an orphan, in foster care, or a ward of the court at any time when the student was 13 years of age or older.
					(5)Timing; use of earlier determination
 (A)TimingA determination under subparagraph (B) or (H) of paragraph (1) for a student— (i)shall be made as quickly as practicable;
 (ii)may be made as early as the year before the award year for which the student initially submits an application; and
 (iii)shall be made no later than during the award year for which the student initially submits an application.
 (B)Use of earlier determinationAny student who is determined to be independent under subparagraph (B) or (H) of paragraph (1) for a preceding award year at an institution shall be presumed to be independent for each subsequent award year at the same institution unless—
 (i)the student informs the institution that circumstances have changed; or (ii)the institution has specific conflicting information about the student’s independence, and has informed the student of this information and the opportunity to challenge such information through a documented interview or an impartial review by the Student Loan Ombudsman pursuant to section 141(f)(3)(C).
 (6)Retention of documentsA financial aid administrator shall retain all documents related to the determination of independence under subparagraph (B) or (H) of paragraph (1), including documented interviews, for the duration of the student’s enrollment at the institution and for a minimum of 1 year after the student is no longer enrolled at the institution..
 4.Student loan ombudsmanSection 141(f)(3) of the Higher Education Act of 1965 (20 U.S.C. 1018(f)(3)) is amended— (1)in subparagraph (A), by striking and after the semicolon;
 (2)in subparagraph (B), by striking the period at the end and inserting ; and; and (3)by adding at the end the following:

 (C)receive, review, and resolve expeditiously complaints regarding a student’s independence under subparagraph (B) or (H) of section 480(d)(1), in consultation with knowledgeable parties, including child welfare agencies, local educational agency liaisons for homeless individuals designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), or State Coordinators for Education of Homeless Children and Youth established in accordance with section 722 of such Act (42 U.S.C. 11432)..
			5.Housing and designation of liaisons
 (a)Access to housingSection 487(a)(19) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(19)) is amended— (1)by striking The institution will not and inserting the following:

 The institution—(A)will not; (2)inserting housing facilities, after libraries,;
 (3)by striking institution. and inserting institution; and; and (4)by adding at the end the following:

 (B)will provide a means for students to access institutionally owned or operated housing if a student is temporarily unable to meet financial obligations related to housing, including deposits, due to delayed disbursement of vouchers for education and training made available under section 477 of part E of title IV of the Social Security Act or delays attributable to the institution..
 (b)LiaisonSection 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following:

 (n)Each institution of higher education participating in any program under this title shall— (1)have designated an appropriate staff person as a liaison to assist homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a) and foster care youth in accessing and completing postsecondary education, including by ensuring that such homeless individuals and foster care youth are connected to applicable and available student support services, programs, and community resources in areas such as financial aid, academic advising, housing, food, public benefits, health care, health insurance, mental health, child care, transportation benefits, and mentoring;
 (2)post public notice about student financial assistance and other assistance available to such homeless individuals and foster care youth, including their eligibility as independent students under subparagraphs (B) and (H) of sections 480(d)(1);
 (3)give priority for any institutionally owned or operated housing facilities, including student housing facilities that remain open for occupation during school breaks or on a year-round basis, to—
 (A)homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a);
 (B)youth who are unaccompanied, at risk of homelessness, and self-supporting; and (C)foster care youth;
 (4)have developed a plan for how such homeless individuals, youth who are unaccompanied, at risk of homelessness, and self-supporting, and foster care youth can access housing resources during and between academic terms, through means that may include access to institutionally owned or operated housing during breaks and a list of housing resources in the community that provide short-term housing; and
 (5)include, in its application for admission, questions (to be answered voluntarily) regarding the applicant’s status as a homeless individual or foster care youth, that—
 (A)can be answered by the applicant voluntarily for the limited purpose of being provided information about financial aid or any other available assistance;
 (B)explain the key terms in the question in a manner children and youth can understand in order to self-identify and declare eligibility as a homeless individual or foster care youth; and
 (C)with consent of the applicant, may be shared with the liaison after admission but prior to the beginning of the next academic term..
 6.Federal TRIO programsSection 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a–11) is amended— (1)in subsection (c)(6), by striking the last sentence and inserting the following: The Secretary shall require each applicant for funds under the programs authorized by this chapter to identify and conduct outreach to foster care youth and homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a), and make available to foster care youth and homeless individuals services under such programs, including mentoring, tutoring, and other services provided by such programs.; and
 (2)in subsection (f)(2), by striking college students, and and inserting college students, foster care youth, homeless individuals, and. 7.Talent searchSection 402B(d) of the Higher Education Act of 1965 (20 U.S.C. 1070a–12(d)) is amended—
 (1)in paragraph (3), by striking and after the semicolon; (2)in paragraph (4), by striking the period at the end and inserting a semicolon; and
 (3)by adding at the end the following:  (5)require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a), including unaccompanied youth, and foster care youth;
 (6)require that such entity submit, as part of the application for the project, a description of the activities that will be undertaken to reach out to such homeless individuals and foster care youth as part of the project; and
 (7)require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless individuals and foster care youth..
 8.Upward boundSection 402C(e) of the Higher Education Act of 1965 (20 U.S.C. 1070a–13(e)) is amended— (1)in paragraph (4), by striking and after the semicolon;
 (2)in paragraph (5), by striking the period at the end and inserting a semicolon; and (3)by adding at the end the following:

 (6)require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a), including unaccompanied youth, and foster care youth;
 (7)require that such entity submit, as part of the application, a description of the activities that will be undertaken to reach out to such homeless individuals and foster care youth regarding the project; and
 (8)require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless individuals and foster care youth..
 9.Student support servicesSection 402D(e) of the Higher Education Act of 1965 (20 U.S.C. 1070a–14(e)) is amended— (1)in paragraph (5), by striking and after the semicolon;
 (2)in paragraph (6)(B), by striking the period at the end and inserting a semicolon; and (3)by adding at the end the following:

 (7)require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a), including unaccompanied youth, and foster care youth;
 (8)require that such entity submit, in the application for the project, a description of the activities that will be undertaken to reach out to such homeless individuals, and foster care youth, who are enrolled or accepted for enrollment at the institution; and
 (9)require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless individuals and foster care youth..
 10.Educational opportunity centersSection 402F(c) of the Higher Education Act of 1965 (20 U.S.C. 1070a–16(c)) is amended— (1)in paragraph (2), by striking and after the semicolon;
 (2)in paragraph (3), by striking the period at the end and inserting a semicolon; and (3)by adding at the end the following:

 (5)require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a), including unaccompanied youth, and foster care youth;
 (6)require that such entity submit, as part of the application, a description of the activities that will be undertaken to reach out to such homeless individuals and foster care youth regarding the project; and
 (7)require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless individuals and foster care youth..
 11.Reports and evaluationsSection 402H of the Higher Education Act of 1965 (20 U.S.C. 1070a–18) is amended by adding at the end the following:

 (e)Report regarding homeless individuals and foster care youthEach entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes—
 (1)data on the number of homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a) and foster care youth served through the project; and
 (2)a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless individuals and foster care youth..
 12.Gaining early awareness and readiness for undergraduate programsSection 404C(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a–23(a)(2))— (1)in subparagraph (I), by striking and after the semicolon;
 (2)in subparagraph (J), by striking the period at the end and inserting ; and; and (3)by adding at the end the following:

 (K)describe how the eligible entity will facilitate the participation of foster care youth and homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a), including—
 (i)how the eligible entity will identify foster care youth and such homeless individuals, in collaboration with child welfare agencies, homeless shelters, and local educational agency liaisons for homeless individuals designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii));
 (ii)how the eligible entity will collect and submit to the Secretary data on the number of such homeless individuals and foster care youth served; and
 (iii)the policies and practices the eligible entity will adopt to remove barriers to the participation of such homeless individuals and foster care youth, including policies to facilitate continued participation despite changes in residence resulting from homelessness or foster care placement and policies consistent with the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.)..
 13.Grant for Federal work-study programsSection 443(b)(6) of the Higher Education Act of 1965 (20 U.S.C. 1087–53(b)(6)) is amended by inserting , and prioritize employment for students who are currently or formerly homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a) or foster care youth after thereof.
 14.Excludable incomeSection 480(e) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(e)) is amended by striking paragraph (5) and inserting the following:

 (5)payments made and services provided under part E of title IV of the Social Security Act to or on behalf of any child or youth over whom the State agency has responsibility for placement, care, or supervision, including the value of vouchers for education and training and amounts expended for room and board for youth who are not in foster care but are receiving services under section 477 of such Act; and.
 15.Consolidating questions regarding homeless status on the FAFSASection 483(a)(4) of the Higher Education Act of 1965 (20 U.S.C. 1090(a)(4)) is amended by adding at the end the following:

 (C)Single question regarding homeless statusThe Secretary shall ensure that, on each form developed under this section for which the information is applicable, there is a single, easily understood screening question to identify an applicant for aid who is—
 (i)an unaccompanied homeless child or youth (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act); or
 (ii)an unaccompanied youth who is self-supporting and at risk of homelessness.. 16.Data transparency on the number of financial aid applicantsSection 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended by adding at the end the following:

				(i)Data transparency on the number of applicants
 (1)In generalThe Secretary shall annually publish data on the number of individuals who apply for Federal student aid pursuant to this section who are homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a), including unaccompanied youth, and foster care youth.
 (2)ContentsThe data described in paragraph (1) with respect to homeless individuals shall include, at a minimum, for each application cycle—
 (A)the total number of all applicants who were determined to be (or to be at risk of becoming) unaccompanied homeless youth, under section 480(d)(1)(H);
 (B)the number of applicants described in subparagraph (A), disaggregated— (i)by State; and
 (ii)by the sources of determination as described in clauses (i) through (iv) of section 480(d)(1)(H); and
 (C)the number of undetermined requests for homelessness consideration, including statuses that remain unknown because no determination had been made in response the applicant's request for the institution to consider the applicant's special circumstance of being homeless..
 17.In-State tuition rates for homeless youth and foster care youthSection 135 of the Higher Education Act of 1965 (20 U.S.C. 1015d) is amended— (1)in the section heading, by inserting , homeless youth, and foster care youth after children;
 (2)in subsection (a)— (A)by striking (a) Requirement.—In the case and inserting the following:

						(a)Requirement
 (1)Armed forcesIn the case; and (B)by adding at the end the following:

 (2)Homeless youth and foster care youthIn the case of a homeless youth or a foster care youth, such State shall not charge such individual tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State.; and
 (3)by striking subsections (c) and (d) and inserting the following:  (c)Effective date (1)Armed forcesWith respect to an individual described in subsection (a)(1), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2009.
 (2)Homeless youth and foster care youthWith respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act.
 (d)DefinitionsIn this section: (1)Armed forcesThe terms armed forces and active duty for a period of more than 30 days have the meanings given those terms in section 101 of title 10, United States Code.
 (2)Homeless youthThe term homeless youth has the meaning given the term homeless children and youths in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).. 18.Secretarial support and guidance for homeless youth and foster care youthPart B of title I (20 U.S.C. 1011 et seq.) is amended by adding at the end the following:

				124.Secretarial support and guidance for homeless youth and foster care youth
 (a)GuidanceNot later than 120 days after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act, the Secretary shall issue revised guidance for institutions and financial aid administrators regarding serving unaccompanied homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act and individuals who are former foster care youth.
 (b)Professional developmentBeginning not later than 1 year after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act, the Secretary shall conduct an annual professional development or training program, such as a webinar, for liaisons described under section 485(n) and interested faculty or staff regarding postsecondary education services for such homeless individuals and foster care youth.
 (c)ReportNot later than 1 year after the date of enactment of the Higher Education Access and Success for Homeless and Foster Youth Act, and not less than once every 5 years thereafter, the Secretary shall prepare and submit to Congress a report containing strategies used by institutions, financial aid administrators, and liaisons described under section 485(n) that were effective in meeting the needs of such homeless individuals and foster care youth, including strategies relating to streamlining financial aid policies and procedures and postsecondary education recruitment, retention, and completion..


		I
		111th CONGRESS
		1st Session
		H. R. 2524
		IN THE HOUSE OF REPRESENTATIVES

			May 20, 2009
			Mr. King of New York
			 (for himself, Mr. Paul, and
			 Mr. Burton of Indiana) introduced the
			 following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to allow
		  penalty-free withdrawals from individual retirement plans for adoption
		  expenses.

		1.Short titleThis Act may be cited as the
			 Dave Thomas Adoption Act of
			 2009.
		2.Penalty-free
			 withdrawals from individual retirement plans for adoption expenses
			(a)In
			 generalParagraph (2) of section 72(t) of the Internal Revenue
			 Code of 1986 is amended by adding at the end the following new
			 subparagraph:

					(H)Qualified
				adoption expenses
						(i)In
				generalDistributions from an individual retirement plan to the
				extent that the amount of such distributions does not exceed the lesser
				of—
							(I)$10,000 for the
				taxable year with respect to the adoption of a child, or
							(II)the amount
				determined under clause (ii).
							(ii)Determination
				of expenses not covered by creditThe amount determined under
				this clause is the excess (if any) of—
							(I)the qualified
				adoption expenses (as defined in section 23(d)) paid by the taxpayer during the
				taxable year with respect to the adoption of such child, over
							(II)the amount of the
				credit allowable under section 23 for such expenses (determined as if such
				credit were allowed for such year without regard to any limitation based on
				liability for tax).
							(iii)Special rules
				for child with special needsIn the case of an adoption of a
				child with special needs (as defined in section 23(d)(3))—
							(I)subclauses (I) and
				(II) of clause (i) shall not apply, and
							(II)a distribution
				during the applicable period from an individual retirement plan with respect to
				such adoption shall not be taken into account under this subparagraph to the
				extent that such distribution, when added to all other distributions with
				respect to such adoption from individual retirement plans for the applicable
				period, exceeds $10,000.
							For purposes
				of subclause (II), the term applicable period means the 3-taxable
				year period beginning with the taxable year in which such adoption becomes
				final.(iv)Ordering
				ruleDistributions shall not be taken into account under clause
				(i) if such distributions are described in subparagraph (A), (C), (D), (E),
				(F), or (G) or to the extent paragraph (1) does not apply to such distributions
				by reason of subparagraph
				(B).
						.
			(b)Effective
			 dateThe amendment made by this section shall apply to
			 distributions after the date of the enactment of this Act.


110 HR 5608 IH: To establish regular and meaningful consultation and

U.S. House of Representatives
2008-03-13
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.

		I
		110th CONGRESS
		2d Session
		H. R. 5608
		IN THE HOUSE OF REPRESENTATIVES

			March 13, 2008
			Mr. Rahall (for
			 himself and Mr. Kildee) introduced the
			 following bill; which was referred to the Committee on Natural
			 Resources

		A BILL
		To establish regular and meaningful consultation and
		  collaboration with tribal officials in the development of Federal policies that
		  have tribal implications, to strengthen the United States
		  government-to-government relationships with Indian tribes, and to reduce the
		  imposition of unfunded mandates upon Indian tribes.

		1.Short titleThis Act may be cited as the
			 Consultation and Coordination With Indian Tribal Governments
			 Act.
		2.DefinitionsFor purposes of this Act:
			(1)Accountable
			 consultation processThe term
			 accountable consultation process means a process of
			 government-to-government dialogue between the agency and Indian tribes to
			 ensure meaningful and timely input by tribal officials in the formulating,
			 amending, implementing, or recinding one or more policies that have tribal
			 implications. The process shall ensure, at a minimum, the following:
				(A)That tribal officials have ample
			 opportunity to provide input and recommendations to the agencies regarding
			 formulating, amending, implementing, or recinding policies that have tribal
			 implications.
				(B)That tribal input and recommendations are
			 fully considered by the agency before policies that have tribal implications
			 are formulated, amended, implemented, or recinded.
				(C)That, upon the formulation, amendment,
			 implementation, or recision of policies that have tribal implications, tribal
			 officials shall be provided with written notification of the formulation,
			 amendment, implementation, or recision of such policies and given a copy of
			 those policies.
				(D)That any policies that have tribal
			 implications shall not become effective until at least 60 days after written
			 notification to tribal officials pursuant to subparagraph (D).
				(2)AgencyThe
			 term agency means the Department of the Interior, the Indian
			 Health Service, and the National Indian Gaming Commission.
			(3)Indian
			 tribeThe term Indian tribe means an Indian or
			 Alaska Native tribe, band, nation, pueblo, village, or community that the
			 Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to
			 the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
			(4)Policies that
			 have tribal implicationsThe term policies that have tribal
			 implications means any measure by the agency that has or is likely to
			 have a direct effect on one or more Indian tribes, on the relationship between
			 the Federal Government and Indian tribes, or on the distribution of power and
			 responsibilities between the Federal Government and Indian tribes, such as
			 regulations, legislative comments or proposed legislation, and other policy
			 statements or actions, guidance, clarification, standards, or sets of
			 principles.
			(5)Tribal
			 officialsThe term tribal officials means elected or
			 duly appointed officials of Indian tribal governments, or their
			 designees.
			3.Fundamental
			 principlesWhen formulating,
			 amending, implementing, or recinding one or more policies that have tribal
			 implications, an agency shall be guided by the following fundamental
			 principles:
			(1)The United States
			 has a unique legal and political relationship with Indian tribal governments as
			 set forth in the Constitution of the United States, treaties, statutes,
			 Executive orders, and court decisions. The Federal Government has enacted
			 numerous statutes and promulgated numerous regulations that establish and
			 define a trust relationship with Indian tribes.
			(2)Our Nation, under
			 the law of the United States, in accordance with treaties, statutes, Executive
			 orders, and judicial decisions, has recognized the right of Indian tribes to
			 self-government. Indian tribes exercise inherent sovereign powers over their
			 members and territory. The United States continues to work with Indian tribes
			 on a government-to-government basis to address issues concerning Indian tribal
			 self-government, tribal trust resources, and Indian tribal treaty and other
			 rights.
			(3)The United States
			 recognizes the right of Indian tribes to self-government and supports tribal
			 sovereignty and self-determination.
			4.Policymaking
			 criteriaIn addition to
			 adhering to the fundamental principles set forth in section 3, when
			 formulating, amending, implementing, or recinding one or more policies that
			 have tribal implications each agency shall adhere to the following
			 criteria:
			(1)Each agency shall
			 respect Indian tribal self-government and sovereignty, honor tribal treaty and
			 other rights, and strive to meet the responsibilities that arise from the
			 unique legal and political relationship between the Federal Government and
			 Indian tribal governments.
			(2)With respect to
			 Federal statutes and regulations administered by Indian tribal governments,
			 each agency shall ensure Indian tribal governments the maximum administrative
			 discretion possible.
			(3)Each agency shall—
				(A)encourage Indian
			 tribes to develop their own policies to achieve program objectives;
				(B)to the extent they
			 do not violate other applicable laws, defer to Indian tribes to establish
			 standards; and
				(C)in determining
			 whether to establish Federal standards, consult with tribal officials as to the
			 need for Federal standards and any alternatives that would limit the scope of
			 Federal standards or otherwise preserve the prerogatives and authority of
			 Indian tribes.
				5.ConsultationEach agency shall have an accountable
			 consultation process. Not later than 30 days after the date of the enactment of
			 this Act, the head of each agency shall designate an official with principal
			 responsibility for the agency’s implementation of this Act. Not later than 60
			 days after the date of the enactment of this Act, the designated official shall
			 submit a description of the agency’s accountable consultation process to the
			 Committee on Natural Resources of the House of Representative and the Committee
			 on Indian Affairs of the Senate.
		6.Unfunded
			 mandatesTo the extent
			 practicable and permitted by law, no agency shall formulate, amend, or
			 implement any policy that has tribal implications that imposes substantial
			 direct compliance costs on Indian tribal governments and is not required by
			 Federal law unless—
			(1)funds necessary to
			 pay the substantial direct costs incurred by the Indian tribal government or
			 the Indian tribe in complying with the policy are provided by the Federal
			 Government; or
			(2)the agency, before
			 the implementation of the policy—
				(A)consulted through the accountable
			 consultation process with tribal officials early in the process of developing
			 the proposed policy; and
				(B)in a separately identified portion of the
			 preamble to the policy, provided to the Committee on Natural Resources of the
			 House of Representative, the Committee on Indian Affairs of the Senate, and
			 affected Indian tribes a tribal summary impact statement containing—
					(i)a
			 description of the extent of the agency’s prior consultation with tribal
			 officials;
					(ii)a
			 summary of the nature of the concerns of the tribal officials and the agency’s
			 position supporting the need to issue the regulation; and
					(iii)a
			 statement of the extent to which the concerns of tribal officials have been
			 met.
					7.Tribal
			 self-government, tribal trust resources, or Indian tribal treaty and other
			 rightsOn issues relating to
			 tribal self-government, tribal trust resources, or Indian tribal treaty and
			 other rights, each agency shall explore and, where appropriate, use consensual
			 mechanisms for developing policies, including consideration of negotiated
			 rulemaking.
		8.Preemption of
			 tribal lawTo the extent
			 practicable and permitted by law, no agency shall establish or implement any
			 policy that has tribal implications and that preempts tribal law unless the
			 agency, before the implementation of the policy—
			(1)consulted through the accountable
			 consultation process with tribal officials in development of the proposed
			 policy; and
			(2)in a separately identified portion of the
			 preamble to the policy, provided to the Committee on Natural Resources of the
			 House of Representative, the Committee on Indian Affairs of the Senate, and
			 affected Indian tribes a tribal summary impact statement containing—
				(A)a description of
			 the extent of the agency’s prior consultation with tribal officials;
				(B)a summary of the
			 nature of the concerns of the tribal officials and the agency’s position
			 supporting the need to issue the regulation; and
				(C)a statement of the
			 extent to which the concerns of tribal officials have been met.
				9.Increasing
			 Flexibility for Indian Tribal Waivers
			(a)Review;
			 streamlining of waiver processEach agency shall review the
			 processes under which Indian tribes apply for waivers of statutory and
			 regulatory requirements and take appropriate steps to streamline those
			 processes.
			(b)Flexible policy
			 approachesEach agency shall, to the extent practicable and not
			 in violation with other Federal laws, consider any application by an Indian
			 tribe for a waiver of statutory or regulatory requirements in connection with
			 any program administered by the agency with a general view toward increasing
			 opportunities for using flexible policy approaches at the Indian tribal level
			 in cases in which the proposed waiver is consistent with the applicable Federal
			 policy objectives and is otherwise appropriate.
			(c)Decision on
			 application for waiverEach
			 agency shall, to the extent practicable and not in violation with other Federal
			 laws, render a decision upon a complete application for a waiver not later than
			 120 days of receipt of such application by the agency, or as otherwise provided
			 by Federal law or regulation. If the application for waiver is not granted, the
			 agency shall provide the applicant with timely written notice of the decision
			 and the reasons therefor.
			(d)Applicability of
			 sectionThis section applies only to statutory or regulatory
			 requirements that are discretionary and subject to waiver by the agency.


		III
		110th CONGRESS
		1st Session
		S. RES. 410
		IN THE SENATE OF THE UNITED STATES

			December 19
			 (legislative day, December 18), 2007
			Mr. Nelson of Florida
			 (for himself, Mr. Martinez, and
			 Mr. Sanders) submitted the following
			 resolution; which was considered and agreed to

		RESOLUTION
		Designating February 17, 2008, as
		  Race Day in America and highlighting the 50th running of the
		  Daytona 500.

		Whereas the Daytona 500 is the most prestigious stock car
			 race in the United States;
		Whereas the Daytona 500 annually kicks off the National
			 Association for Stock Car Auto Racing (NASCAR) Sprint Cup Series, NASCAR's top
			 racing series;
		Whereas millions of racing fans have spent the 3rd Sunday
			 of each February since 1959 watching, listening to, or attending the Daytona
			 500;
		Whereas the purse for the Daytona 500 is typically the
			 largest in motor sports;
		Whereas winning the prestigious Harley J. Earl Trophy is
			 stock car racing’s greatest prize and privilege;
		Whereas nearly 1,000,000 men and women in the Armed Forces
			 in nearly 180 countries worldwide listen to the race on the radio via the
			 American Forces Network;
		Whereas Daytona International Speedway is the home of
			 The Great American Race—the Daytona 500;
		Whereas fans from all 50 States and many foreign nations
			 converge on the World Center of Racing each year to see the
			 motor sports spectacle;
		Whereas Daytona International Speedway becomes one of the
			 largest cities in the State of Florida by population on race day, with more
			 than 200,000 fans in attendance;
		Whereas well-known politicians, celebrities, and athletes
			 take part in the festivities surrounding the Daytona 500; and
		Whereas, on February 17th, 2008, the Daytona 500
			 celebrates its historic 50th running: Now, therefore, be it

		That the Senate—
			(1)recognizes the
			 50th running of the Daytona 500, The Great American Race, on
			 February 17, 2008; and
			(2)designates
			 February 17, 2008, as Race Day in America in honor of the
			 Daytona 500.


104 S4365 IS: To clarify licensure requirements for contractor medical professionals to perform medical disability examinations for the Department of Veterans Affairs, and for other purposes.
U.S. Senate
2020-07-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4365IN THE SENATE OF THE UNITED STATESJuly 29, 2020Mr. Boozman introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo clarify licensure requirements for contractor medical professionals to perform medical disability examinations for the Department of Veterans Affairs, and for other purposes.1.Clarification of licensure requirements for contractor medical professionals to perform medical disability examinations for the Department of Veterans AffairsSubsection (c) of section 504 of the Veterans’ Benefits Improvements Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 note) is amended to read as follows:(c)Licensure of contract health care professionals(1)In generalNotwithstanding any law regarding the licensure of health care professionals, a health care professional described in paragraph (2) may conduct an examination pursuant to a contract entered into under subsection (a) at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, so long as the examination is within the scope of the authorized duties under such contract.(2)Health care professional describedA health care professional described in this paragraph is a physician, physician assistant, nurse practitioner, audiologist, or psychologist, who—(A)has a current unrestricted license to practice the health care profession of the physician, physician assistant, nurse practitioner, audiologist, or psychologist, as the case may be;(B)is not barred from practicing such health care profession in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States; and(C)is performing authorized duties for the Department of Veterans Affairs pursuant to a contract entered into under subsection (a)..


I115th CONGRESS1st SessionH. R. 629IN THE HOUSE OF REPRESENTATIVESJanuary 24, 2017Mr. Conaway (for himself and Mr. Wenstrup) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to clarify the conditions under which certain persons may be treated as adjudicated mentally incompetent for certain purposes.
1.Short titleThis Act may be cited as the Veterans 2nd Amendment Protection Act. 2.Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes (a)In generalChapter 55 of title 38, United States Code, is amended by adding at the end the following new section:

5511.Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposesIn any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.. (b)Clerical amendmentThe table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item:

5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes..