		II

		108th CONGRESS

		2nd Session

		S. 2977

		IN THE SENATE OF THE UNITED STATES

			October 11, 2004

			Ms. Landrieu introduced

			 the following bill; which was read twice and referred to the

			 Committee on the

			 Judiciary

		A BILL

		To establish the Office of Community Justice Services

		  within the Department of Justice, and for other purposes.

		1.Short

			 title; table of contents

			(a)Short

			 titleThis Act may be cited as the Protecting Our Communities by Making Returning Offenders

			 Better Citizens Act of 2004.

			(b)Table of

			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title;

				table of contents.

					Sec. 2. Findings.

					Sec. 3. Definitions.

					TITLE I—Office of community justice services

					Sec. 101. Establishment of Office of Community Justice

				Services.

					Sec. 102. National Offender

				Reentry Initiative Clearinghouse.

					TITLE II—Grant programs

					Sec. 201. Reentry preparation grants.

					Sec. 202. Transition to community grants.

					Sec. 203. Community-based supervision and support

				grants.

					Sec. 204. Administrative provisions.

					TITLE III—Civic education for reentering federal

				prisoners

					Sec. 301. Civic education for reentering Federal

				prisoners.

					TITLE IV—Grants for research, training, and technical

				assistance

					Sec. 401. Grants for research, training, and technical

				assistance.

					TITLE V—Authorization of appropriations

					Sec. 501. Authorization of appropriations.

			2.FindingsCongress finds the following:

				(1)

				More than 2,000,000 people are incarcerated in Federal or State

			 prisons and local jails in the United States.

				(2)

				Of the individuals now in prison, 97 percent will eventually be

			 released back into American communities. More than 630,000 of these inmates are

			 released into the Nation's communities every year.

				(3)

				The Bureau of Justice Statistics has found that 67.5 percent of

			 prisoners released from incarceration in 1994 were rearrested within 3

			 years.

				(4)

				Many of the men and women who will leave prison and jail each

			 year have a variety of substance abuse disorders, low levels of education and

			 job training, face significant barriers to employment, and lack housing upon

			 their release.

				(5)

				Felony convictions can also disqualify released offenders from

			 voting and other rights. Under some State laws, these disqualifications can be

			 permanent. While many States allow for the restoration of voting and civic

			 rights to ex-offenders, this information is not routinely given to ex-offenders

			 upon their release.

				(6)

				Returning offenders have significant educational needs. Fewer

			 than one-half of released prisoners have a high school education. Studies have

			 found that approximately one-third of prisoners cannot locate an intersection

			 on a street map; one-third cannot explain in writing a billing error; and only

			 1 in 20 can determine which bus to take from a schedule.

				(7)

				State and local governments have not been able to maintain prison

			 education programs in the face of a prison population that has doubled in the

			 past decade. As a result, according to the National Institute for Literacy, the

			 percentage of prisoners participating in correctional education programs is

			 declining.

				(8)

				The United States Department of Education found that

			 participation in correctional education programs lowers the likelihood of

			 reincarceration by 29 percent, and the Federal Bureau of Prisons found a 33

			 percent drop in recidivism among Federal prisoners who participate in

			 vocational and apprenticeship training.

				(9)

				According to the National Institute of Justice, 60 percent of

			 formerly incarcerated individuals are unemployed after 1 year of release.

			 Unemployment can contribute to the likelihood of repeating criminal

			 conduct.

				(10)

				Formerly incarcerated individuals face unique barriers in the job

			 market. They may be legally disqualified from certain types of employment and

			 barred by law from obtaining professional licenses in fields such as

			 cosmetology, transportation, and home health care.

				(11)

				Research has found that job training and placement programs for

			 ex-offenders increase the employment of offenders and reduce recidivism.

				(12)

				Drug and alcohol abuse is a persistent concern at every stage of

			 the criminal justice process. Eighty-one percent of State prisoners, 81 percent

			 of Federal prisoners, and 77 percent of local jail inmates have alcohol and

			 drug abuse problems, or were under the influence of alcohol or drugs when they

			 committed their offenses. However, only 13 percent of these inmates receive

			 drug and alcohol treatment while they are incarcerated according to the Office

			 of National Drug Control Policy.

				(13)

				Substance abuse treatment has been proven to reduce drug use,

			 recidivism, unemployment, and homelessness, according to several studies, and

			 every dollar invested in substance abuse treatment saves taxpayers $7.46 in

			 other social costs.

				(14)

				Many offenders are released back into the community without

			 having a place to call home. Several studies have found that many prisoners

			 expect to go to homeless shelters upon release.

				(15)

				A number of barriers exist to offenders getting adequate shelter

			 upon release. Most offenders do not have enough money at the time of release to

			 rent an apartment and landlords typically are reluctant to rent to former

			 offenders. Some ex-offenders are prohibited from living in public housing

			 because of their criminal records.

				(16)

				The Bureau of Justice Statistics estimates that 1,500,000

			 children in the United States had a parent in a Federal or State prison in

			 1999. In addition, over 7,000,000 children have a parent under some sort of

			 correctional supervision.

				(17)

				Children of incarcerated parents face social stigma because of

			 their parents’ criminal status. This can cause problems in school, low

			 self-esteem, aggressive behavior, and other emotional dysfunction.

				(18)

				The reunification of ex-offenders and their families can cause

			 family stress. In some cases, the ex-offender is not welcome in the home and

			 many ex-offenders have difficulty readjusting to family life.

			(19)Studies show that

			 ex-offenders adjust better to family life when their families receive

			 comprehensive support services. These services can also reduce juvenile

			 delinquency, antisocial behavior, and recidivism rates.

			3.Definitions

			In this Act, the following

			 definitions shall apply:

			(1)DirectorThe

			 term Director means the Director of the Office of Community

			 Justice Services of the Department of Justice, as established under section

			 101.

			(2)Nongovernmental

			 entitiesThe term nongovernmental entities means

			 any nonprofit organizations, community corrections organizations, faith-based

			 organizations, social service organizations, behavioral healthcare agencies,

			 neighborhood or community-based organizations, and other entities that are not

			 part of a State or local government.

			(3)Proven

			 effectivenessThe term proven effectiveness means

			 that a program, project, approach, or practice has been shown by a credible

			 analysis of performance and results to make a significant contribution to the

			 accomplishment of the objectives for which it is undertaken, or to have a

			 significant effect in improving the conditions identified with the problem to

			 which it is addressed.

			(4)State or local

			 corrections agenciesThe term State or local corrections

			 agencies means the responsible agencies for the imprisonment or

			 incarceration of offenders, or community corrections supervision, in any State

			 of the United States, the District of Columbia, the Commonwealth of Puerto

			 Rico, the Virgin Islands, American Samoa, Guam, Indian tribal governments, and

			 the Northern Mariana Islands, or any political subdivision thereof that

			 performs corrections functions, including any agency of the Federal Government

			 that performs corrections functions for the District of Columbia, or any trust

			 territory of the United States.

			(5)State or local

			 parole or probation agenciesThe term State or local

			 parole or probation agencies means the responsible agencies for

			 determining or supervising early release of reentering offenders or the

			 supervision of reentering offenders in any State of the United States, the

			 District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

			 American Samoa, Guam, Indian tribal governments, and the Northern Mariana

			 Islands, or any political subdivision thereof that performs parole or probation

			 functions, including any agency of the Federal Government that performs these

			 functions for the District of Columbia, or any trust territory of the United

			 States.

			IOffice of

			 community justice services

			101.Establishment

			 of office of community justice services

				(a)In

			 generalThere is established within the Department of Justice the

			 Office of Community Justice Services, which shall be headed by a Director

			 appointed by the Attorney General from among persons who have experience in

			 corrections, parole, probation, or related matters, or in providing

			 transitional services to offenders who are returning to their home

			 communities.

				(b)DutiesThe

			 Director shall—

					(1)develop and

			 administer programs for grants to State or local corrections agencies, State or

			 local parole and probation agencies, community corrections agencies, and

			 nongovernmental entities in accordance with this Act, for the purposes of

			 preparing incarcerated persons for reentry into the community, or to assist

			 reentering offenders in their transition back into the community; and

					(2)make grants to

			 nongovernmental entities that have experience and expertise in providing such

			 services.

					102.National

			 Offender Reentry Initiative Clearinghouse

				(a)Grant

			 authorized

					(1)In

			 generalThe Director of the Office of Community Justice Services

			 may award a grant to an eligible organization to establish a National Offender

			 Reentry Initiative Clearinghouse.

					(2)DurationThe

			 grant awarded under paragraph (1) shall be for a period not to exceed 5

			 years.

					(b)Use of

			 fundsThe grant awarded under subsection (a) may be used—

					(1)for education,

			 training, and technical assistance on offender reentry for States, units of

			 local government, corrections agencies, parole and probation agencies, and

			 nongovernmental entities;

					(2)to collect data

			 on best practices from entities receiving a grant under this Act, and from

			 other agencies and organizations;

					(3)to disseminate

			 best practices to States, units of local government, corrections agencies,

			 parole and probation agencies, and nongovernmental entities; and

					(4)to assist State

			 and units of local government to identify barriers to successful offender

			 reentry.

					(c)ApplicationEach

			 eligible organization desiring the grant under this section shall submit an

			 application to the Director at such time, in such manner, and containing such

			 information as the Director may reasonably require.

				(d)Eligible

			 organizationsA national nonprofit organization may apply for the

			 grant under this section if the organization has experience in providing

			 technical assistance, training, and research on offender reentry programs for

			 States, units of local government, corrections agencies, and parole and

			 probation agencies.

				(e)Authorization

			 of appropriationsThere are authorized to be appropriated such

			 sums as may be necessary for fiscal years 2005 through 2009 to carry out the

			 provisions of this section.

				IIGrant

			 programs

			201.Reentry

			 preparation grants

				(a)In

			 generalThe Director shall award grants, for a term of not more

			 than 5 years, to State or local corrections agencies to provide services to

			 incarcerated persons, in accordance with the requirements of this

			 section.

				(b)Use of

			 fundsGrant funds awarded under subsection (a) may be used

			 for—

					(1)education

			 programs, such as high school equivalency degrees, basic literacy training,

			 civic education, and educational diagnostic services for incarcerated

			 persons;

					(2)mental health and

			 substance abuse assessment and treatment programs, including anger management

			 programs, for incarcerated persons;

					(3)job and

			 vocational skills training for incarcerated persons;

					(4)mentoring

			 programs for incarcerated persons;

					(5)programs,

			 services, and the construction of facilities to promote healthy family bonds,

			 such as family counseling centers and services, telecommunications services for

			 incarcerated parents to communicate with their children, and family friendly

			 visiting areas;

					(6)information

			 programs that meet the requirements of subsection (e); and

					(7)any other program

			 or service that is part of a comprehensive offender reentry plan designed to

			 prepare incarcerated persons for their future return to the

			 community-at-large.

					(c)Partnership

			 applicationsEach State or local corrections agency may apply for

			 a grant in cooperation with, or contract with upon receiving a grant under this

			 section, nonprofit organizations, faith-based organizations, and

			 nongovernmental entities to develop and provide innovative approaches that will

			 allow incarcerated persons access to the services described under paragraphs

			 (1) through (6) of subsection (b).

				(d)PriorityPriority

			 in the award of grants shall be given to those State or local correctional

			 agencies that propose partnership applications as described under subsection

			 (c) to develop innovative strategies, as determined by the Director, to deliver

			 the services described under paragraphs (1) through (6) of subsection

			 (b).

				(e)InformationEach

			 State corrections agency, or State parole or probation agency, receiving a

			 grant under this section shall provide each incarcerated person with written

			 information, in plain and simple wording, on how that person can

			 restore—

					(1)voting rights

			 within the State in which the person will be released; and

					(2)any other civil

			 or civic rights or public benefits denied to the incarcerated person under the

			 law of the State due to their status as an offender.

					202.Transition to

			 community grants

				(a)In

			 generalThe Director shall award grants, for a term of not more

			 than 5 years, to consortiums of State or local correctional agencies, and State

			 or local parole or probation agencies, for the purposes of providing services

			 to incarcerated persons, who have not more than 1 year remaining of their

			 sentence, or released offenders, not later than 18 months after being released,

			 that will facilitate the reentry of such persons into the community, in

			 accordance with the requirements of this section.

				(b)Use of

			 fundsGrants awarded under subsection (a) shall be used

			 for—

					(1)education

			 programs, such as high school equivalency degrees, basic literacy training,

			 civic education, and educational diagnostic services;

					(2)mentoring

			 programs;

					(3)life skills

			 training, including family support services;

					(4)mental health and

			 substance abuse assessment and treatment programs, including aftercare

			 programs, intensive case management, and anger management programs;

					(5)job and

			 vocational skills training, including paid work experience programs;

					(6)information

			 programs that meet the requirements of subsection (e); and

					(7)such other

			 services and programs that are part of a comprehensive offender reentry plan

			 designed to assist incarcerated persons or reentering offenders in reentering

			 the community.

					(c)Partnership

			 applicationsEach applicant for a grant under this section may

			 apply for such grant in cooperation with, or contract with upon receiving a

			 grant, any nongovernmental entities to develop or provide innovative approaches

			 to the services described under paragraphs (1) through (5) of subsection

			 (b).

				(d)PriorityPriority in the award of grants shall be

			 given to those State or local correctional agencies, or State or local parole

			 or probation agencies that propose partnership applications as described under

			 subsection (c) to develop innovative strategies, as determined by the Director,

			 to deliver the services described under paragraphs (1) through (5) of

			 subsection (b).

				(e)InformationEach

			 recipient of a grant under this section shall provide each incarcerated person

			 or reentering offender with written information, in plain and simple wording,

			 on how that person can restore—

					(1)voting rights

			 within the State in which the person will be released; and

					(2)any other civil or civic

			 rights or public benefits denied to the incarcerated person under the law of

			 the State due to their status as an offender.

					203.Community-based

			 supervision and support grants

				(a)In

			 generalThe Director shall award grants, for a term of not more

			 than 5 years, to State or local parole and probation agencies to provide

			 reentering offenders with services to help such reentering offenders with their

			 transition into the community.

				(b)Use of

			 fundsGrant funds awarded under this section may be used

			 for—

					(1)the development or support

			 of parole and probation programs designed to increase coordination between

			 parole officers and social service providers;

					(2)the establishment of

			 parole and probation offices located within areas in which a substantial number

			 of incarcerated persons shall live;

					(3)the development of joint

			 parole, probation, and local law enforcement monitoring programs;

					(4)the provision of

			 comprehensive family case management services to assist families of reentering

			 offenders;

					(5)the funding of research

			 and analysis designed to allow State parole and probation agencies to identify

			 and determine which locations and neighborhoods see the largest number of

			 reentering offenders establishing residency;

					(6)the development of programs that encourage

			 collaboration between parole and probation agencies, and job training programs

			 that serve people with criminal records, including transitional jobs

			 programs;

					(7)the development of

			 geographic-based caseload management systems by State parole and probation

			 agencies for monitoring reentering offenders;

					(8)information

			 programs that meet the requirements of subsection (f); and

					(9)services and programs that

			 have proven effectiveness in helping reentering offenders transition back into

			 life in the community, including transitional housing and mental health and

			 substance abuse treatment services offered as part of a comprehensive offender

			 reentry plan.

					(c)Partnership

			 ApplicationsA State or local parole or probation agency applying

			 for a grant under this section may, in order to carry out the purposes of this

			 section, contract or partner with—

					(1)nongovernmental entities

			 with expertise in services that can assist reentering offenders in relocating

			 into a community and their families; and

					(2)State and local government

			 agencies that administer programs or provide services to released offenders,

			 such as child welfare, workforce development agencies, and community

			 corrections agencies.

					(d)PriorityPriority in the award of grants shall be

			 given to those State or local parole or probation agencies that propose

			 partnership applications as described under subsection (c) to develop

			 innovative strategies, as determined by the Director, to deliver the services

			 described under paragraphs (1) through (7) of subsection (b).

				(e)LimitationTo

			 receive a grant under this section, each State parole and probation agency

			 shall demonstrate coordination with Federal or State corrections officials in

			 determining where reentering offenders shall be released.

				(f)InformationEach

			 recipient of a grant under this section shall provide each reentering offender

			 with written information, in plain and simple wording, on how that person can

			 restore—

					(1)voting rights

			 within the State in which the person is being released; and

					(2)any other civil or civic

			 rights or public benefits denied to the reentering offender under the law of

			 the State due to their status as an offender.

					204.Administrative

			 provisions

				(a)Apportionment of grant

			 fundingOf the amounts appropriated to carry out the purposes of

			 this Act—

					(1)not less than 70 percent

			 shall be made available to carry out the purposes of sections 201, 202, and

			 203; and

					(2)up to 30 percent shall be

			 made available to carry out the purposes of subsection (c).

					(b)Matching Funds

					(1)In

			 generalThe Federal share of any program, project, or activity

			 funded by a grant made under section 201, 202, or 203 shall not exceed 75

			 percent of the total cost of such program, project, or activity.

					(2)WaiverThe

			 Attorney General may, in the sole discretion of the Attorney General, waive the

			 requirements of paragraph (1) in whole or in part.

					(c)Discretionary

			 grants

					(1)In

			 generalThe Director shall award grants, for a term of not more

			 than 5 years, on a competitive basis, to State or local correctional agencies,

			 State or local parole or probation agencies, and nongovernmental entities for

			 community protection programs.

					(2)Use of

			 fundsGrant funds awarded under paragraph (1) shall be used

			 to—

						(A)fund multiyear

			 demonstration programs designed to reduce recidivism and parole violations, and

			 the recipients of a grant may contract with organizations to conduct any

			 necessary research with respect to the program; and

						(B)allow State task forces to

			 conduct an analysis of existing State statutory, regulatory, and practice-based

			 hurdles to the reintegration of a prisoner into the community that—

							(i)takes particular note of

			 laws, regulations, rules, and practices that disqualify people with criminal

			 records from obtaining drivers licenses, professional licenses, or other

			 requirements necessary for certain types of employment, and that hinder full

			 civic participation; and

							(ii)identifies and recommends

			 for repeal or modification those laws, regulations, rules, or practices that do

			 not demonstrate a rational connection between the existing statutory or

			 regulatory prohibition, the type of conviction, and the risk that the

			 individual may pose to the community.

							(3)ApplicationAny

			 State or local correctional agency or State or local parole or probation agency

			 wishing to receive a grant under paragraph (1) shall submit to the Director an

			 application setting forth a description of the planned demonstration program.

			 The Director shall establish guidelines for assessing such applications.

					(d)Submission of

			 informationPrior to the distribution of grant funds under

			 section 201, 202, or 203, each State shall submit to the Director a description

			 of the activities to be carried out using such grant funds.

				(e)Nonsupplanting

			 requirementFunds made available under this title shall not be

			 used to supplant State or local funds, but shall be used to increase the amount

			 of funds that would, in the absence of Federal funds received under this title,

			 be made available from State or local sources.

				(f)Performance

			 evaluationsSelected grant recipients shall be evaluated pursuant

			 to guidelines established by the Director.

				(g)Revocation or suspension

			 of fundingIf the Director determines that a grant recipient

			 under this title is not in substantial compliance with the terms and

			 requirements of an approved grant application submitted under this title, the

			 Director may revoke or suspend funding of that grant, in whole or in

			 part.

				IIICivic education

			 for reentering federal prisoners

			301.Civic education for

			 reentering federal prisoners

				(a)In

			 generalNot later than 3 months after the date of enactment of

			 this Act, the Bureau of Prisons of the Department of Justice shall provide each

			 reentering offender released from Federal prisons information on how the

			 reentering offender can restore voting rights, and other civil or civic rights,

			 denied to the reentering offender based upon their offender status in the State

			 to which that reentering offender shall be returning.

				(b)PublicationThe

			 information required under subsection (a) shall be provided to each reentering

			 offender in writing, and in a language that the reentering offender can

			 understand.

				IVGrants for

			 research, training, and technical assistance

			401.Grants for research,

			 training, and technical assistance

				Up to 5 percent of the funds

			 made available under this Act may be used for research, technical assistance,

			 and training carried out or commissioned by the Attorney General in furtherance

			 of the purposes of this Act.

			VAuthorization of

			 appropriations

			501.Authorization of

			 appropriations

				There are authorized to be

			 appropriated to carry out the purposes of titles II and III of this Act—

				(1)$75,000,000 for fiscal

			 year 2005;

				(2)$150,000,000 for fiscal

			 year 2006;

				(3)$325,000,000 for fiscal

			 year 2007;

				(4)$450,000,000 for fiscal

			 year 2008; and

				(5)$500,000,000 for fiscal

			 year 2009.


113 HR 4946 IH: Crime Gun Tracing Act
U.S. House of Representatives
2014-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4946
		IN THE HOUSE OF REPRESENTATIVES

			June 24, 2014
			Ms. Kelly of Illinois introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To promote the tracing of firearms used in crimes, and for other purposes.

		1.Short titleThis Act may be cited as the Crime Gun Tracing Act.
		2.DefinitionSection 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd–8) is
			 amended by—
			(1)redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and
			(2)inserting before paragraph (2), as redesignated, the following:

					(1)Bureau means the Bureau of Alcohol, Tobacco, Firearms, and Explosives..
			3.Incentives for tracing firearms used in crimesSection 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is
			 amended by striking subsection (c) and inserting the following:

				(c)Preferential consideration of applications for certain grantsIn awarding grants under this part, the Attorney General, where feasible—
					(1)may give preferential consideration to an application for hiring and rehiring additional career law
			 enforcement officers that involves a non-Federal contribution exceeding
			 the 25-percent minimum under subsection (g); and
					(2)shall give preferential consideration to an application submitted by an applicant that has reported
			 all firearms recovered during the previous 12 months by the applicant at a
			 crime scene or during the course of a criminal investigation to the Bureau
			 for the purpose of tracing, or to a State agency that reports such
			 firearms to the Bureau for the purpose of tracing..
		4.Reporting of firearm tracing by applicants for Community Oriented Policing Services grantsSection 1702(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd–1(c))
			 is amended—
			(1)in paragraph (10), by striking and at the end;
			(2)in paragraph (11), by striking the period at the end and inserting ; and; and
			(3)by adding at the end the following:

					(12)specify—
						(A)whether the applicant recovered any firearms at a crime scene or during the course of a criminal
			 investigation during the 12 months before the submission of the
			 application;
						(B)the number of firearms described in subparagraph (A);
						(C)the number of firearms described in subparagraph (A) that were reported to the Bureau for tracing,
			 or to a State agency that reports such firearms to the Bureau for tracing;
			 and
						(D)the reason why any firearms described under subparagraph (A) were not reported to the Bureau for
			 tracing, or to a State agency that reports such firearms to the Bureau for
			 tracing..


117 HR 3321 IH: Credit for Caring Act of 2021
U.S. House of Representatives
2021-05-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 3321IN THE HOUSE OF REPRESENTATIVESMay 18, 2021Ms. Sánchez introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide a nonrefundable credit for working family caregivers.1.Short titleThis Act may be cited as the Credit for Caring Act of 2021.2.Credit for working family caregivers(a)In generalSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section:25E.Working family caregivers(a)Allowance of creditIn the case of an eligible caregiver, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent of the qualified expenses paid by the taxpayer during the taxable year to the extent that such expenses exceed $2,000.(b)Limitation(1)In generalThe amount allowed as a credit under subsection (a) for the taxable year shall not exceed $5,000.(2)Adjustment for inflationIn the case of any taxable year beginning after 2021, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of—(A)such dollar amount, and(B)the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting 2020 for 1996 in subclause (II) thereof.If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. (c)Eligible caregiverFor purposes of this section, the term eligible caregiver means an individual who—(1)during the taxable year pays or incurs qualified expenses in connection with providing care for a qualified care recipient, and(2)has earned income (as defined in section 32(c)(2)) for the taxable year in excess of $7,500.(d)Qualified care recipientFor purposes of this section—(1)In generalThe term qualified care recipient means, with respect to any taxable year, any individual who—(A)is the spouse of the eligible caregiver, or any other person who bears a relationship to the eligible caregiver described in any of subparagraphs (A) through (H) of section 152(d)(2), and(B)has been certified, before the due date for filing the return of tax for the taxable year, by a licensed health care practitioner (as defined in section 7702B(c)(4)) as being an individual with long-term care needs described in paragraph (3) for a period—(i)which is at least 180 consecutive days, and(ii)a portion of which occurs within the taxable year.(2)Period for making certificationNotwithstanding paragraph (1)(B), a certification shall not be treated as valid unless it is made within the 391/2-month period ending on such due date (or such other period as the Secretary prescribes).(3)Individuals with long-term care needsAn individual is described in this paragraph if the individual meets any of the following requirements:(A)The individual is at least 6 years of age and—(i)is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or(ii)requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities.(B)The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility.(C)The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual’s condition to be available if the individual’s parents or guardians are absent.(e)Qualified expensesFor purposes of this section—(1)In generalSubject to paragraph (4), the term qualified expenses means expenditures for goods, services, and supports that—(A)assist a qualified care recipient with accomplishing activities of daily living (as defined in section 7702B(c)(2)(B)) and instrumental activities of daily living (as defined in section 1915(k)(6)(F) of the Social Security Act (42 U.S.C. 1396n(k)(6)(F))), and(B)are provided solely for use by such qualified care recipient.(2)Adjustment for other tax benefitsThe amount of qualified expenses otherwise taken into account under paragraph (1) with respect to an individual shall be reduced by the sum of any amounts paid for the benefit of such individual for the taxable year which are—(A)taken into account under section 21 or 213, or(B)excluded from gross income under section 129, 223(f), or 529A(c)(1)(B).(3)Goods, services, and supportsFor purposes of paragraph (1), goods, services, and supports (as defined by the Secretary) shall include—(A)human assistance, supervision, cuing and standby assistance,(B)assistive technologies and devices (including remote health monitoring),(C)environmental modifications (including home modifications),(D)health maintenance tasks (such as medication management),(E)information,(F)transportation of the qualified care recipient,(G)non-health items (such as incontinence supplies), and(H)coordination of and services for people who live in their own home, a residential setting, or a nursing facility, as well as the cost of care in these or other locations.(4)Qualified expenses for eligible caregiversFor purposes of paragraph (1), the following shall be treated as qualified expenses if paid or incurred by an eligible caregiver:(A)Expenditures for respite care for a qualified care recipient.(B)Expenditures for counseling, support groups, or training relating to caring for a qualified care recipient.(C)Lost wages for unpaid time off due to caring for a qualified care recipient as verified by an employer.(D)Travel costs of the eligible caregiver related to caring for a qualified care recipient.(E)Expenditures for technologies, as determined by the Secretary, that assist an eligible caregiver in providing care for a qualified care recipient.(5)Human assistanceThe term human assistance includes the costs of a direct care worker.(6)DocumentationAn expense shall not be taken into account under this section unless the eligible caregiver substantiates such expense under such regulations or guidance as the Secretary shall provide.(7)Mileage rateFor purposes of this section, the mileage rate for the use of a passenger automobile shall be the standard mileage rate used to calculate the deductible costs of operating an automobile for medical purposes. Such rate may be used in lieu of actual automobile-related travel expenses.(8)Coordination with ABLE AccountsQualified expenses for a taxable year shall not include contributions to an ABLE account (as defined in section 529A).(f)Phase Out Based on Adjusted Gross IncomeFor purposes of this section—(1)In generalThe amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer’s modified adjusted gross income exceeds the threshold amount.(2)Modified adjusted gross incomeThe term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.(3)Threshold amountThe term threshold amount means—(A)$150,000 in the case of a joint return, and(B)$75,000 in any other case.(4)IndexingIn the case of any taxable year beginning in a calendar year after 2021, each dollar amount contained in paragraph (3) shall be increased by an amount equal to the product of—(A)such dollar amount, and(B)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof.(5)Rounding ruleIf any increase determined under paragraph (4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.(g)Identification requirementsNo credit shall be allowed under this section to a taxpayer with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the licensed health care practitioner certifying such individual, on the return of tax for the taxable year..(b)Clerical amendmentThe table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item:Sec. 25E. Working family caregivers..(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.


109 HR 3822 IH: For the relief of Milton De Jesus Marroquin.
U.S. House of Representatives
2005-09-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

V
109th CONGRESS
1st Session
H. R. 3822
IN THE HOUSE OF REPRESENTATIVES

September 15, 2005
Mr. Paul introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
For the relief of Milton De Jesus Marroquin.

1.Permanent resident status for Milton De Jesus Marroquin
(a)In generalNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Milton De Jesus Marroquin shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.
(b)Adjustment of statusIf Milton De Jesus Marroquin enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.
(c)Deadline for application and payment of feesSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.
(d)Reduction of immigrant visa numberUpon the granting of an immigrant visa or permanent residence to Milton De Jesus Marroquin, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act.
(e)Denial of preferential immigration treatment for certain relativesThe natural parents, brothers, and sisters of Milton De Jesus Marroquin shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.


116 HR 5086 IH: To terminate certain waivers of sanctions with respect to Iran issued in connection with the Joint Comprehensive Plan of Action, and for other purposes.
U.S. House of Representatives
2019-11-14
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. 5086IN THE HOUSE OF REPRESENTATIVESNovember 14, 2019Ms. Cheney (for herself, Mr. Gallagher, Mrs. Wagner, Mr. Budd, Mr. King of New York, Mr. Diaz-Balart, Mr. Zeldin, Mr. Crawford, Mrs. Lesko, Mr. Wilson of South Carolina, Mr. Turner, Mr. Waltz, Mr. DesJarlais, Mr. Womack, Mr. Byrne, Mr. Weber of Texas, Ms. Stefanik, Mr. Kustoff of Tennessee, Mr. Chabot, Mr. Babin, Mr. Armstrong, Mr. Steube, and Mr. Mitchell) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, the Judiciary, and Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo terminate certain waivers of sanctions with respect to Iran issued in connection with the Joint Comprehensive Plan of Action, and for other purposes.
1.Termination of certain waivers of sanctions with respect to nuclear activities in or with Iran
(a)In generalEffective on the date of the enactment of this Act, any waiver of the application of sanctions provided for under sections 1244, 1245, 1246, and 1247 of the Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 8803, 8804, 8805, and 8806) for or to enable an activity described in subsection (b) is terminated, and the President may not issue a new such waiver for such an activity on or after such date of enactment. (b)Activities describedAn activity described in this subsection is a nuclear activity in or with Iran with respect to which a waiver described in subsection (a) was issued in connection with the Joint Comprehensive Plan of Action, including the following:
(1)The Arak reactor redesign. (2)The transfer into Iran of enriched uranium for the Tehran Research Reactor.
(3)The modification of 2 centrifuge cascades at the Fordow facility for nonsensitive purposes. (c)Joint comprehensive plan of action definedIn this section, the term Joint Comprehensive Plan of Action means the Joint Comprehensive Plan of Action signed at Vienna on July 14, 2015, by Iran and by France, Germany, the Russian Federation, the People's Republic of China, the United Kingdom, and the United States, and all implementing materials and agreements related to the Joint Comprehensive Plan of Action.


113 S1827 ES: American Fighter Aces Congressional Gold Medal Act
U.S. Senate

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

113th CONGRESS2d SessionS. 1827IN THE SENATE OF THE UNITED STATESAN ACTTo award a Congressional Gold Medal to the American Fighter Aces, collectively, in recognition of their heroic military service and defense of our country’s freedom throughout the history of aviation warfare.1.Short titleThis Act may be cited as the American
			 Fighter Aces Congressional Gold Medal Act.2.FindingsCongress finds the following:(1)An American
			 Fighter Ace is a fighter pilot who has served honorably in a United States
			 military service and who has destroyed 5 or more confirmed enemy aircraft in
			 aerial combat during a war or conflict in which American armed forces have
			 participated.(2)Beginning with
			 World War I, and the first use of airplanes in warfare, military services have
			 maintained official records of individual aerial victory credits during every
			 major conflict. Of more than 60,000 United States military fighter pilots that
			 have taken to the air, less than 1,500 have become Fighter Aces.(3)Americans became
			 Fighter Aces in the Spanish Civil War, Sino-Japanese War, Russian Civil War,
			 Arab-Israeli War, and others. Additionally, American military groups’ recruited
			 United States military pilots to form the American Volunteer Group, Eagle
			 Squadron, and others that produced American-born Fighter Aces fighting against
			 axis powers prior to Pearl Harbor.(4)The concept of a
			 Fighter Ace is that they fought for freedom and democracy across the globe,
			 flying in the face of the enemy to defend freedom throughout the history of
			 aerial combat. American-born citizens became Fighter Aces flying under the flag
			 of United States allied countries and became some of the highest scoring
			 Fighter Aces of their respective wars.(5)American Fighter
			 Aces hail from every State in the Union, representing numerous ethnic,
			 religious, and cultural backgrounds.(6)Fighter Aces
			 possess unique skills that have made them successful in aerial combat. These
			 include courage, judgment, keen marksmanship, concentration, drive,
			 persistence, and split-second thinking that makes an Ace a war fighter with
			 unique and valuable flight driven skills.(7)The Aces’
			 training, bravery, skills, sacrifice, attention to duty, and innovative spirit
			 illustrate the most celebrated traits of the United States military, including
			 service to country and the protection of freedom and democracy.(8)American Fighter
			 Aces have led distinguished careers in the military, education, private
			 enterprise, and politics. Many have held the rank of General or Admiral and
			 played leadership roles in multiple war efforts from WWI to Vietnam through
			 many decades. In some cases they became the highest ranking officers for
			 following wars.(9)The extraordinary
			 heroism of the American Fighter Ace boosted American morale at home and
			 encouraged many men and women to enlist to fight for America and democracy
			 across the globe.(10)Fighter Aces were
			 among America’s most-prized military fighters during wars. When they rotated
			 back to the United States after combat tours, they trained cadets in fighter
			 pilot tactics that they had learned over enemy skies. The teaching of combat
			 dogfighting to young aviators strengthened our fighter pilots to become more
			 successful in the skies. The net effect of this was to shorten wars and save
			 the lives of young Americans.(11)Following
			 military service, many Fighter Aces became test pilots due to their superior
			 flying skills and quick thinking abilities.(12)The American
			 Fighter Aces are one of the most decorated military groups in American history.
			 Twenty-two Fighter Aces have achieved the rank of Admiral in the Navy.
			 Seventy-nine Fighter Aces have achieved the rank of General in the Army,
			 Marines, and Air Force. Nineteen Medals of Honor have been awarded to
			 individual Fighter Aces.3.Congressional
			 gold medal(a)Presentation
			 authorizedThe Speaker of the House of Representatives and the
			 President pro tempore of the Senate shall make appropriate arrangements for the
			 presentation, on behalf of the Congress, of a gold medal of appropriate
			 design to the American Fighter Aces, collectively, in recognition of
			 their heroic military service and defense of our country’s freedom, which has
			 spanned the history of aviation warfare.(b)Design and
			 strikingFor the purposes of the award referred to in subsection
			 (a), the Secretary of the Treasury (in this Act referred to as the Secretary) shall strike the gold medal with suitable
			 emblems, devices, and inscriptions, to be determined by the Secretary.(c)Award of medalFollowing the award of the gold medal in honor of the
			 American Fighter Aces under subsection (a), the gold medal shall be given to the Smithsonian
			 Institution, where it shall be available for display or temporary loan to be displayed elsewhere, particularly at appropriate locations associated with
			 the American Fighter Aces, and that preference should be given to locations
			 affiliated with the Smithsonian Institution.4.Duplicate
			 medalsThe Secretary may
			 strike and sell duplicates in bronze of the gold medal struck pursuant to
			 section 3, at a price
			 sufficient to cover the costs of the medal, including labor, materials, dies, use of
			 machinery, and overhead expenses, and amounts received from the sale of such duplicates shall be deposited in the United States Mint Public Enterprise Fund.5.Status of medals(a)National medalsThe medals struck
			 under this Act are national medals for purposes of chapter 51 of title
			 31, United States Code.(b)Numismatic itemsFor purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.Passed the Senate March 26, 2014.Secretary


		I
		111th CONGRESS
		2d Session
		H. R. 6077
		IN THE HOUSE OF REPRESENTATIVES

			July 30, 2010
			Mr. Whitfield
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To amend the Energy Policy Act of 2005 to clarify
		  policies regarding ownership of pore space.

		1.Pore space
			 ownershipSubtitle F of title
			 IX of the Energy Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended by
			 inserting after section 963 (42 U.S.C. 16293) the following:

				963A.Pore space
				ownership
					(a)Definition of
				pore spaceIn this section, the term pore space
				means a subsurface space of any size that can be used as storage space for
				carbon dioxide or other substances injected into the space for storage.
					(b)OwnershipThe
				ownership of any subsurface pore space located below a Federal surface estate
				shall be vested in the Federal Government.
					(c)Conveyance
						(1)In
				generalA conveyance of the surface ownership of Federal land
				shall include the conveyance of the Federal pore space in all strata below the
				surface of the Federal land (other than previously reserved mineral rights)
				unless the ownership interest in the pore space has previously been severed
				from the surface ownership.
						(2)LimitationSubject
				to subsections (d) and (e), no agreement conveying Federal mineral interests or
				other interests underlying the surface of the land shall convey ownership of
				any Federal pore space in the stratum unless the agreement explicitly conveys
				the interest in pore space.
						(3)Conveyance
				instruments
							(A)In
				generalAny instrument that conveys the rights to use Federal
				pore space under this section shall describe the scope of any right to use the
				surface estate.
							(B)Use of pore
				spaceThe holder of any pore space right conveyed under this
				section shall have no right to use the surface estate except for the uses, if
				any, described in a properly recorded instrument.
							(C)Applicable
				lawAll conveyances of Federal land executed before the date of
				enactment of this section shall be construed in accordance with the provisions
				of this section unless a person claiming ownership interest contrary to the
				provisions of this section establishes ownership by a preponderance of the
				evidence in an action to establish ownership of the interest.
							(d)PriorityFor
				the purpose of determining the priority of subsurface uses between a mineral
				estate and pore space, the mineral estate is dominant.
					(e)Dominance of
				mineral estateNothing in this section alters any laws or case
				law in existence on the date of enactment of this section relating to the
				rights belonging to, or the dominance of, the mineral estate.
					(f)Notification
				requirementsNo provision of law (including regulations) that
				requires notice to be given to a surface owner, an owner of the mineral
				interest, or both shall be construed to require notice to persons holding
				ownership interest in any pore space in the underlying strata unless the law
				specifically provides that notice to those persons is
				required.
					.


		I
		112th CONGRESS
		2d Session
		H. R. 5290
		IN THE HOUSE OF REPRESENTATIVES

			April 27, 2012
			Mr. Roe of Tennessee
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on Ester gum 10D 25KG BG
		  China.

		1.Ester gum 10D 25KG BG
			 China
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Glycerol ester of dimerized gum (100%) rosin, catalyzed with
						sulfuric acid, softening point not less than 104 degrees centigrade, acid
						number 3 to 8 (CAS No. 68475–37–6) (provided for in subheading 3806.30.00)
						FreeNo changeNo changeOn or before
						12/31/2015

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


115 HR 1664 IH: Investing in America: A Penny for Progress Act
U.S. House of Representatives
2017-03-22
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
115th CONGRESS1st Session
H. R. 1664
IN THE HOUSE OF REPRESENTATIVES

March 22, 2017
Mr. DeFazio introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Transportation and Infrastructure, 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 index the gas and diesel tax and rebuild our roads, bridges, and transit systems.

1.Short titleThis Act may be cited as the Investing in America: A Penny for Progress Act.  2.Double indexation of gasoline and diesel fuels tax (a)In generalParagraph (2) of section 4081(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

(E)Index for highway construction cost inflation and fuel efficiency
(i)In generalIn the case of any calendar year after 2017, the 18.3 cents rate in subparagraph (A)(i), the 24.3 cents rate in subparagraph (A)(iii), and the 19.7 cents rate in subparagraph (D), shall each be increased by an amount equal to— (I)such dollar amount, multiplied by
(II)the double indexation for the calendar year. Any increase determined under this subparagraph shall be rounded to the nearest tenth of a cent. (ii)Exception for fuel used in aviationThe adjustment under clause (i) shall not apply with respect to the rate of tax under subparagraph (A)(iii) for fuel referred to in subparagraph (C).
(iii)Special rules to stabilize rates
(I)If an adjustment of rates under clause (i) for a calendar year would result in rates in subparagraphs (A)(i), (A)(iii), and (D) in effect for the calendar year greater than 1.5 cents more than the rates in effect under such subparagraphs for the preceding calendar year— (aa)the rates in subparagraphs (A)(i), (A)(iii), and (D) for the calendar year shall be the rates in effect under such subparagraphs for the preceding calendar year plus 1.5 cents,
(bb)any adjustment of rates that would have occurred under clause (i) if item (aa) were not in effect shall be applied under that clause— (AA)in the succeeding calendar year or years after the rate is established under clause (i) for that year, and
(BB)until the cumulative adjustment of rates equals the adjustment that would have applied under clause (i) if item (aa) were not in effect, and  (cc)an adjustment of rates under item (bb) remains subject to item (aa).
(II)If an adjustment of rates under clause (i) for a calendar year would result in rates in subparagraphs (A)(i), (A)(iii), and (D) in effect for the calendar year less than the rates in effect under such subparagraphs for the preceding calendar year— (aa)no adjustment of such rates shall be made for the calendar year, and
(bb)the rates in subparagraphs (A)(i), (A)(iii), and (D) for the calendar year shall be the rates in effect under such subparagraphs for the preceding calendar year.  (iv)Double indexationFor purposes of clause (i), the double indexation for any calendar year is the sum of—
(I)the highway construction cost adjustment, and  (II)the CAFE fuel saved adjustment.
(v)Highway construction cost adjustmentFor purposes of clause (iv), the highway construction cost adjustment for any calendar year is the percentage (if any) by which— (I)the National Highway Construction Cost Index for the preceding calendar year, exceeds
(II)the National Highway Construction Cost Index for calendar year 2016 or, if applicable, the first year of a successor index.  (vi)National Highway Construction Cost Index for any calendar yearFor purposes of clause (v), the National Highway Construction Cost Index for any calendar year is the average of the National Highway Construction Cost Index as of the close of the 12-month period ending on June 30 of such calendar year.
(vii)National Highway Construction Cost IndexFor purposes of clause (v), the term National Highway Construction Cost Index means the last National Highway Construction Cost Index published by the Department of Transportation or successor index.  (viii)CAFE fuel saved adjustmentFor purposes of clause (iv), the CAFE fuel saved adjustment for a calendar year is the percentage (if any) by which annual motor fuel use is reduced by the estimated CAFE fuel saved for that calendar year from the annual motor fuel use for the prior calendar year.
(ix)Estimated CAFE fuel savedThe term estimated CAFE fuel saved for a calendar year means— (I)In the case of the 18.3 cents rate in subparagraph (A)(i), the combined gasoline fuel saved estimates issued by the National Highway Traffic Safety Administration and the Environmental Protection Agency for passenger automobiles and light trucks published in the Federal Register on May 7, 2010, and October 15, 2012, and for medium and heavy-duty engines and vehicles published in the Federal Register on September 15, 2011, and October 25, 2016, as part of final rules to implement corporate average fuel economy standards, and such successor estimates included in successor rules.
(II)In the case of the 24.3 cents rate in subparagraph (A)(iii) and the 19.7 cents rate in subparagraph (D), the combined diesel fuel saved estimates issued by the National Highway Traffic Safety Administration and the Environmental Protection Agency for medium and heavy-duty engines and vehicles published in the Federal Register on September 15, 2011, and October 25, 2016, as part of final rules to implement corporate average fuel economy standards, and such successor estimates included in successor rules.  (x)Annual motor fuel useThe term annual motor fuel use means—
(I)In the case of the 18.3 cents rate in subparagraph (A)(i), the total number of gallons of gasoline used in a calendar year in highway use, as published by the Federal Highway Administration as part of its annual motor fuel data survey.  (II)In the case of the 24.3 cents rate in subparagraph (A)(iii) and the 19.7 cents rate in subparagraph (D), the total number of gallons of diesel used in a calendar year in highway use, as published by the Federal Highway Administration as part of its annual motor fuel data survey.
(xi)NoticeNot later than December 15, 2017, and annually thereafter, the Secretary shall publish the rates of tax as adjusted under this subparagraph for the succeeding calendar year..  (b)Retail fuel excise taxSubsection (a) of section 4041 of such Code is amended by adding at the end the following new paragraph:

(4)Highway inflation adjustmentIf an increase in rates is made under section 4081(a)(2)(E) for any calendar year after 2017, then each dollar amount in paragraphs (1)(C)(iii)(I), (2)(B)(i), (2)(B)(ii), (2)(B)(iv), and (3)(A) of this subsection and in subsections (b)(2)(A)(i), (b)(2)(C)(i), and (m)(1) shall be increased in the same manner and subject to the same conditions that are applicable under section 4081(a)(2)(E). .  (c)Conforming amendmentSubparagraph (A) of section 4081(a)(2) of such Code is amended by striking The rate and inserting Except as provided in subparagraph (C), the rate.
(d)Effective dateThe amendments made by this section shall apply to periods beginning after July 31, 2017.  3.Transportation bonds (a)IssuanceThe Secretary of the Treasury shall, pursuant to subchapter I of chapter 31 of title 31, United States Code, issue bonds, to be known as Invest in America Bonds, which meet the terms and conditions of subsection (b), and the bond revenue shall be transferred to the Highway Trust Fund with 80 percent allocated to the Highway Account (as defined in section 9503(e)(5)(B) of the Internal Revenue Code of 1986) and 20 percent allocated to the Mass Transit Account.
(b)Terms and conditions
(1)TermBonds issued under subsection (a) shall have terms of 30 years.  (2)FrequencyBonds shall be issued under subsection (a) every fiscal year.
(3)Face amount formula for fiscal years 2017 through 2020Bonds issued under subsection (a) for each of fiscal years 2017 through 2020 shall have a face amount that equals, for that fiscal year— (A)the Federal share (as defined in section 503(b)(8)(C)(v) of title 23, United States Code, and section 308(e)(3)(E) of title 49, United States Code) of the most recent estimates required under section 503(b)(8)(C)(iv) of title 23, United States Code, and section 308(e)(3)(D) of title 49, United States Code; minus
(B)the sum of the amount authorized in section 5338(a)(1) of title 49, United States Code, the amounts authorized in section 1101(a) of the FAST Act (Public Law 114–94; 129 Stat. 1322), the amounts authorized in section 4001(a) of the FAST Act (Public Law 114–94; 129 Stat. 1497), and the amounts authorized in section 31104(a) and 31110(a) of title 49, United States Code, for that fiscal year.  (4)Face amount formula for fiscal years 2021 through 2013Bonds issued under subsection (a) for each of fiscal years 2021 through 2030 shall have a face amount that equals, for that fiscal year—
(A)the Federal share (as defined in section 503(b)(8)(C)(v) of title 23, United States Code, and section 308(e)(3)(E) of title 49, United States Code) of the most recent estimates required under section 503(b)(8)(C)(iv) of title 23, United States Code, and section 308(e)(3)(D) of title 49, United States Code; minus  (B)the expected revenue deposited into the Highway Trust Fund for the corresponding fiscal year not including revenues attributed to this section.
(5)Amount outstandingNotwithstanding paragraphs (3) and (4), the total face amount of bonds issued under subsection (a) may not exceed the amount the Secretary of the Treasury and the Secretary of Transportation determines can be redeemed, taking into account this section and section 9503(g) of the Internal Revenue Code of 1986.  (6)SunsetNo bonds may be issued under subsection (a) after September 30, 2030.
(c)Capital investment grant special rulePrior to the application of section 105 of title 23, United States Code, for a fiscal year, an amount equal to a percentage of bond revenue transferred to the Highway Trust Fund and allocated to the Mass Transit Account equal to the ratio of the funds appropriated in the preceding fiscal year to carry out section 5309 of title 49, United States Code, to the funds made available in the same fiscal year to carry out section 5338(a)(1) of title 49, United States Code, shall be available to make additional grants pursuant to section 5309 of title 49, United States Code.  (d)Set-Aside special rule (1)In generalIn determining the additional amounts of contract authority to be made available under section 105 of title 23, United States Code, for a fiscal year, the Secretary shall make adjustments under section 105(c)(1) of title 23, United States Code, for a set-aside from the Highway Account (as defined in section 9503(e)(5)(B) of the Internal Revenue Code of 1986) or Mass Transit Account referred to in paragraph (2)—
(A)by determining the ratio that— (i)the amount authorized to be appropriated for the set-aside from the account for that fiscal year; bears to
(ii)the total amount authorized to be appropriated for that fiscal year for all programs (except as provided in section 105(d) of title 23, United States Code) under such account;  (B)by multiplying the ratio determined under subparagraph (A) by the amount of the adjustment for the account determined under section 105(b)(1)(B) of title 23, United States Code; and
(C)by adjusting the amount that the Secretary would have allocated for the set-aside for that fiscal year but for section 105 of title 23, United States Code, by the amount calculated under subparagraph (B).  (2)Set-asidesThe set-asides referred to in paragraph (1) are the amounts reserved for a fiscal year under each of—
(A)section 104(b)(5)(B) of title 23, United States Code;  (B)sections 104(h)(1) and 104(h)(2) of title 23, United States Code;
(C)section 130(e)(1) of title 23, United States Code;  (D)section 133(h)(1)(A) of title 23, United States Code;
(E)section 1519(a) of MAP–21 (126 Stat. 524), as amended by section 1418 of the FAST Act (129 Stat. 1423); and  (F)section 5336(h)(1) of title 49, United States Code.
(3)Conforming amendmentsSection 105(g) of title 23, United States Code, is amended— (A)in paragraph (2) by inserting or the Temporary Transportation Bond Repayment Account before the period at the end; and
(B)by adding at the end the following:  (4)Temporary Transportation Bond Repayment AccountThe term Temporary Transportation Bond Repayment Account means the Temporary Transportation Bond Repayment Account of the Highway Trust Fund established under section 9503(g) of the Internal Revenue Code of 1986..
(e)Temporary transportation bond repayment accountSection 9503 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:  (g)Establishment of temporary transportation bond repayment account (1)Creation of accountThere is established in the Highway Trust Fund a separate account to be known as the Temporary Transportation Bond Repayment Account consisting of such amounts as may be transferred or credited to the Temporary Transportation Bond Repayment Account as provided in this section.
(2)Transfers to temporary transportation bond repayment accountThe Secretary of the Treasury shall transfer to the Temporary Transportation Bond Repayment Account the portion of the amounts appropriated to the Highway Trust Fund under subsection (b) which are attributable to the increase in taxes under— (A)section 4041 by reason of section 4041(a)(4), and
(B)section 4081 by reason of section 4081(a)(2)(E).  (3)Expenditures from accountAmounts in the Temporary Transportation Bond Repayment Account shall be available for redeeming bonds and paying interest payments issued under section 3 of the Investing in America: A Penny for Progress Act.
(4)TerminationWhen all bonds issued under section 3 of the Investing in America: A Penny for Progress Act have been redeemed— (A)the Temporary Transportation Bond Repayment Account shall close, and
(B)all amounts in the account (and all future revenue that, absent this paragraph, would have been transferred to the account pursuant to paragraph (2)) shall be transferred to the Highway Trust Fund with 80 percent allocated to the Highway Account (as defined in section 9503(e)(5)(B) of the Internal Revenue Code of 1986) and 20 percent allocated to the Mass Transit Account..  (f)Conforming amendmentSection 9503(e)(5)(B) of the Internal Revenue Code of 1986 is amended by inserting or the Temporary Transportation Bond Repayment Account before the period at the end.
(g)Effective dateThe amendments made by this section shall apply upon enactment of this law.  4.Conditions and performance reporting (a)Report on infrastructure investment needsSection 503(b)(8) of title 23, United States Code, is amended to read as follows:

(8)Report on infrastructure investment needs
(A)In generalNot later than July 31, 2018, and July 31 of every second year thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes— (i)the current conditions and performance of highway and bridge facilities in the United States, including the backlog of current highway and bridge needs; and
(ii)the future needs of highway and bridge facilities in the United States.  (B)ComparisonsA report under this paragraph shall include all information necessary to relate and compare the conditions and performance measures used in the previous biennial reports to the conditions and performance measures used in the current report.
(C)Report requirementsIn developing a report under this paragraph, the Secretary shall— (i)prepare a complete assessment of highway and bridge facilities in the United States;
(ii)for the succeeding 20-year period, estimate future capital requirements for highway and bridge facilities in the United States at specified levels of service;  (iii)for the succeeding 20-year period, estimate the annual expenditures necessary to fund capital projects in the United States that—
(I)are necessary to address the current and future needs of highway and bridge facilities; and  (II)have a benefit-cost ratio greater than or equal to 1;
(iv)for the period ending December 31, 2036, estimate the annual expenditures necessary to fund capital projects in the United States that— (I)are necessary to address the current and future needs of highway and bridge facilities; and
(II)have a benefit-cost ratio greater than or equal to 1; and  (v)for the preceding 10-year period, estimate the average annual percentage of the total expenditures made for highway and bridge capital projects by all levels of government that was derived from Federal funds..
(b)Report on public transportation investment needsSection 308(e) of title 49, United States Code, is amended to read as follows:  (e)Report on public transportation investment needs (1)In generalNot later than July 31, 2018, and July 31 of every second year thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report that describes—
(A)the current conditions and performance of public transportation systems in the United States, including the state of good repair backlog among existing public transportation systems; and  (B)the future needs of public transportation systems in the United States.
(2)ComparisonsA report under this subsection shall include all information necessary to relate and compare the conditions and performance measures used in the previous biennial reports to the conditions and performance measures used in the current report.  (3)ContentsIn developing a report under this subsection, the Secretary shall—
(A)prepare a complete assessment of public transportation systems in the United States;  (B)for the succeeding 20-year period, estimate the future capital requirements for public transportation systems in the United States at specified levels of service;
(C)for the succeeding 20-year period, estimate the annual capital expenditures necessary to fund capital projects in the United States that have a benefit-cost ratio greater than one and are necessary— (i)to achieve and maintain a state of good repair for public transportation systems; and
(ii)to support the long-term trend rate of public transportation ridership growth, plus an additional 0.3 percent; and  (D)for the period ending December 31, 2036, estimate the annual capital expenditures necessary to fund capital projects in the United States that have a benefit-cost ratio greater than one and are necessary—
(i)to achieve and maintain a state of good repair for public transportation systems; and  (ii)to support the long-term trend rate of public transportation ridership growth, plus an additional 0.3 percent; and
(E)for the preceding 10-year period, estimate the average annual percentage of the total expenditures made by all levels of government for public transportation capital expenditures that was derived from Federal funds..  (c)Interim reporting methodPrior to the publication of the reports required under the amendments made by subsections (a) and (b), the Secretary of Transportation shall provide to the Secretary of the Treasury the data necessary to calculate the bond face amount under section 3(b) using the most recent published reports required by section 503(b)(8) of title 23, United States Code, and section 308(e) of title 49, United States Code.
5.Repeal of FAST Act rescissionSection 1438 of the FAST Act (Public Law 114–94; 129 Stat. 1432), and the item relating to that section in section 1(b) of that Act, are repealed.


114 HR 92 IH: To provide that rates of pay for Members of Congress shall not be adjusted under section 601(a)(2) of the Legislative Reorganization Act of 1946 in the year following any fiscal year in which outlays of the United States exceeded receipts of the United States.
U.S. House of Representatives
2015-01-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 92
		IN THE HOUSE OF REPRESENTATIVES

			January 6, 2015
			Mr. Buchanan (for himself, Mrs. Black, and Mr. Yoho) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To provide that rates of pay for Members of Congress shall not be adjusted under section 601(a)(2)
			 of the Legislative Reorganization Act of 1946 in the year following any
			 fiscal year in which outlays of the United States exceeded receipts of the
			 United States.

		1.Amendments to the Legislative Reorganization Act of 1946
			(a)In generalSection 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501(2)) is amended by
			 adding at the end the following:

					(C)An adjustment in rates of pay may be made under this paragraph in a year only if the aggregate
			 outlays of the United States during the last completed fiscal year did not
			 exceed the aggregate receipts of the United States during such fiscal
			 year, as determined by the Congressional Budget Office..
			(b)Technical amendmentSection 601(a)(2)(A) of such Act (2 U.S.C. 4501(2)(A)) is amended by striking Subject to subparagraph (B), and inserting Subject to subparagraphs (B) and (C),.


113 S2025 IS: Data Broker Accountability and Transparency Act
U.S. Senate
2014-02-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II113th CONGRESS2d SessionS. 2025IN THE SENATE OF THE UNITED STATESFebruary 12, 2014Mr. Rockefeller (for himself and Mr. Markey) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo require data brokers to establish procedures to ensure the accuracy of collected personal
			 information, and for other purposes.1.Short titleThis Act may be cited as the
		  Data Broker Accountability and Transparency Act.2.DefinitionsIn this Act:(1)CommissionThe term Commission means the Federal Trade Commission.(2)Data brokerThe term data broker means a commercial entity that collects, assembles, or maintains personal information
			 concerning an individual who is not a customer or an employee of that
			 entity in order to sell the information or provide third party access to
			 the information.(3)Non-public informationThe term non-public information means information about an individual that is of a private nature, not available to the general
			 public, and not obtained from a public record.(4)Public record informationThe term public record information means information about an individual that has been obtained originally from records of a Federal,
			 State, or local government entity that are available for public
			 inspection.3.Prohibition on obtaining or solicitation to obtain personal information by false pretenses(a)In generalIt shall be unlawful for a data broker to obtain or attempt to obtain, or cause to be
			 disclosed or attempt to cause to be disclosed to any person, personal
			 information or any other information relating to any person by making a
			 false, fictitious, or fraudulent statement or representation to any
			 person, including by providing any document to any person, that the
			 data broker knows or
			 should know to be forged, counterfeit, lost, stolen, or fraudulently
			 obtained, or contains a false, fictitious, or fraudulent statement or
			 representation.(b)SolicitationIt shall be unlawful for a data broker to request a person to obtain personal information,
			 or any other information, relating to any other person if the data broker
			 knows or should know that the person to whom the request is
			 made will obtain or attempt to obtain that information in the manner
			 described in subsection (a).4.Personal  information(a)AccuracyA data broker shall establish reasonable procedures to ensure the maximum possible accuracy
			 of the personal information it collects, assembles, or maintains, and any
			 other information it collects, assembles, or maintains that specifically
			 identifies an individual, unless the information only identifies an
			 individual's name or address.(b)Exception; fraud databasesNotwithstanding subsection (a), a data broker may collect or maintain information that may
			 be inaccurate with respect to a particular individual if that information
			 is being collected or maintained solely for the purpose of—(1)indicating whether there may be a discrepancy or irregularity in the personal information that is
			 associated with an individual;(2)helping to identify, or to authenticate the identity of, an individual; or(3)helping to protect against or investigate fraud or other unlawful conduct.(c)Consumer accessA data broker shall provide an individual a means to review any personal information or other
			 information that specifically identifies that individual, that the data
			 broker collects, assembles, or maintains on that individual, unless an
			 exception applies under
			 section 5.(d)Review requirementsThe means for review under subsection (c) shall be provided—(1)at an individual's request;(2)after verifying the identity of the individual;(3)at least 1 time per year; and(4)at no cost to the individual.(e)NoticeA data broker shall maintain an Internet Web site and place a
			 clear and conspicuous
			 notice on that Internet Web site instructing an individual—(1)how to review the information described under subsection (c); and(2)how to express a preference with respect to the use of personal information for marketing purposes
			 under subsection (g).(f)Disputed informationAn individual whose personal information is maintained by a data broker may dispute the
			 accuracy of any information described under subsection (c) by requesting,
			 in writing, that the data broker correct the information. A data broker,
			 after verifying the identity of the individual making
			 the request, and unless there are reasonable grounds to believe the
			 request
			 is frivolous or irrelevant, shall—(1)with regard to public record information—(A)inform the individual of the source of the information and, if reasonably available, where to
			 direct the individual's request for correction; or(B)if the individual provides proof that the public record has been corrected or that the data broker
			 was reporting the information incorrectly, correct the inaccuracy
			 in the data broker's records; and(2)with regard to	non-public information—(A)note the information that is disputed, including the individual's written request;(B)if the information can be independently verified, use the reasonable procedures established under
			 subsection (a) to independently verify the information; and(C)if the data broker was reporting the information incorrectly, correct the inaccuracy
			 in the data broker's records.(g)Certain marketing informationA data broker that maintains any information described under subsection (a) and that uses,
			 shares, or sells that information for marketing purposes shall provide
			 each individual whose information it maintains with a reasonable means of
			 expressing a preference not to have that individual's information used for
			 those purposes. If an individual expresses such a preference, the
			 data broker may not use, share, or sell that individual's
			 information for marketing purposes.(h)Persons regulated by the Fair Credit Reporting ActA data broker shall be deemed in compliance with this section with respect to information
			 that is subject to the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) if the data broker is in compliance with sections 609, 610, and
			 611 of that Act (15 U.S.C. 1681g, 1681h, 1681i).5.RegulationsNot later than 1 year after the date of enactment of this Act, the Commission shall promulgate
			 regulations under section 553 of title 5, United States Code, to implement
			 and enforce the requirements of this Act, including—(1)a requirement that a data broker establish measures that facilitate the auditing or
			 retracing of any internal or external access to, or transmission of, any
			 data containing personal information collected, assembled, or maintained
			 by the data broker;(2)the establishment of a centralized Internet Web site for the benefit of consumers that lists the
			 data brokers subject to section 4 and provides additional information to
			 consumers about their rights under this Act;(3)if the Commission considers a data broker outside the scope of the purposes of this Act, the
			 exclusion of that data broker from the applicability of this Act, such as,
			 if the Commission considers it appropriate for exclusion, a data broker
			 who processes
			 information collected by or on behalf of and received from or on behalf of
			 a nonaffiliated third party concerning an individual who is a customer or
			 an employee of that third party to enable that third party, directly or
			 through parties acting on its behalf, to provide benefits for its
			 employees or directly transact business with its customers;(4)any exceptions, that the Commission considers necessary, to the auditing and retracing requirements
			 under
			 paragraph (1) to further or protect law
			 enforcement or national security activities; and(5)any exceptions, that the Commission considers necessary, to an individual's right to review the
			 information described under section 4(c), such as for child
			 protection, law enforcement, fraud prevention, or other legitimate
			 government purposes.6.Enforcement(a)In generalA violation of a regulation prescribed under this Act shall be treated as a violation of a rule
			 defining an unfair or a deceptive act or practice under section
			 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).(b)Powers of CommissionThe Commission shall enforce this Act in the same manner, by the same means, and with the same
			 jurisdiction, powers, and duties as though all applicable terms and
			 provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any data broker
			 who violates a regulation prescribed under this Act shall be subject to
			 the penalties and
			 entitled to the privileges and immunities provided in the Federal Trade
			 Commission Act (15 U.S.C. 41 et seq.).(c)Enforcement by State attorneys general(1)Civil actionExcept as provided under paragraph (3)(B), in any case in which the attorney general of a State, or
			 an official or agency of a State, has
			 reason to believe that an interest of the residents of that State has been
			 or is threatened or adversely affected by a data broker who violates a
			 regulation prescribed under this Act, the attorney general, official, or
			 agency of the State, as parens patriae, may bring a civil
			 action on behalf of the residents of the State in a district court of the
			 United States of appropriate jurisdiction—(A)to enjoin further violation of this Act by the defendant;(B)to compel compliance with this Act;(C)to obtain damages, restitution, or other compensation on behalf of such residents, or to obtain
			 such further and other relief as the court may deem appropriate; or(D)to obtain civil penalties in the amount determined under paragraph (2).(2)Civil
		penalties(A)CalculationFor purposes of imposing a civil penalty under paragraph (1)(D), the amount determined under this
		paragraph is the amount calculated by multiplying the number of separate violations
			 of a rule
			 by an amount not greater
		than $16,000.(B)Adjustment for
		inflationBeginning on the date that the Consumer Price Index is
		first published by the Bureau of Labor Statistics that is after 1 year after
		the date of enactment of this Act, and each year thereafter, the amount
		specified in subparagraph (A) shall be increased by the percentage increase in the
		Consumer Price Index published on that date from the Consumer Price Index
		published the previous year.(3)Intervention by the Commission(A)NoticeA State shall provide prior written notice of any civil action under paragraph (1) to the
			 Commission
			 and provide the Commission with a copy of its complaint, except in any
			 case in which such prior notice is not feasible, in which case the State
			 shall serve such notice immediately upon instituting such action.(B)Intervention by the CommissionThe
			 Commission shall have the right—(i)to intervene in the civil action under paragraph (1);(ii)upon so intervening, to be heard on all matters arising in that civil action; and(iii)to file petitions for appeal of a decision in that civil action.(C)Limitation on State action while Federal action is pendingIf the Commission has instituted a civil action for violation of this Act, no State attorney
			 general, or official or agency of a State, may bring an action under this
			 subsection during the pendency of that action against any defendant named
			 in the complaint of the Commission for any violation of this Act alleged
			 in the complaint.(4)ConstructionFor purposes of bringing any civil action under paragraph (1), nothing in this Act shall be
			 construed to prevent an attorney general of a State from exercising the
			 powers conferred on the attorney general by the laws of that State—(A)to conduct investigations;(B)to administer oaths or affirmations; or(C)to compel the attendance of witnesses or the production of documentary and other evidence.7.Effect on other laws(a)Preservation of
		Commission authorityNothing in this Act may be construed in any way to
		limit or affect the Commission's authority under any other provision of
		law.(b)Preservation of other Federal lawNothing in this Act may be construed in any way to supersede, restrict, or limit the application of
			 the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) or any other Federal law.


110 HR 3099 IH: To amend title 10, to permit members of the Selected

U.S. House of Representatives
2007-07-19
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.

		I
		110th CONGRESS
		1st Session
		H. R. 3099
		IN THE HOUSE OF REPRESENTATIVES

			July 19, 2007
			Mr. Carney (for
			 himself and Mr. Burton of Indiana)
			 introduced the following bill; which was referred to the
			 Committee on Armed
			 Services

		A BILL
		To amend title 10, to permit members of the Selected
		  Reserves and members of the reserve component to renter their military service
		  and receive chapter 1607 education benefits if that member has earned such
		  benefit before originally separating from service.

		1.Short titleThis Act may be cited as the National
			 Guard and Reserve Higher Education Fairness Act.
		2.Permit members of
			 the Selected Reserves and members of the reserve component to renter their
			 military service and receive chapter 1607 education benefits if that member has
			 earned such benefit before originally separating from service
			(a)Members of
			 selected reservesSection
			 16165(b) of title 10, United States Code, is amended by striking of not
			 more than 90 days after who incurs a break in service in the
			 Selected Reserves.
			(b)Effective
			 dateThe amendments made by this section shall apply immediately
			 upon enactment into law.