117 S2473 IS: Middle Mile Broadband Deployment Act
U.S. Senate
2021-07-26
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.

II117th CONGRESS1st SessionS. 2473IN THE SENATE OF THE UNITED STATESJuly 26, 2021Ms. Rosen (for herself and Mr. King) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo provide grants for the construction, improvement, and acquisition of middle mile infrastructure.1.Short titleThis Act may be cited as the Middle Mile Broadband Deployment Act.2.Enabling middle mile broadband infrastructure(a)DefinitionsIn this section:(1)Anchor institutionThe term anchor institution means a school, library, medical or healthcare provider, community college or other institution of higher education, or other community support organization or entity.(2)Assistant SecretaryThe term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information.(3)CommissionThe term Commission means the Federal Communications Commission.(4)Eligible entityThe term eligible entity means—(A)a State, political subdivision of a State, Tribal government, technology company, electric utility, utility cooperative, public utility district, telecommunications company, telecommunications cooperative, nonprofit foundation, nonprofit corporation, nonprofit institution, nonprofit association, regional planning counsel, Native entity, or economic development authority; or(B)a partnership of 2 or more entities described in subparagraph (A).(5)FCC fixed broadband mapThe term FCC fixed broadband map means the map created by the Commission under section 802(c)(1)(B) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)(B)).(6)Indian TribeThe term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).(7)InterconnectThe term interconnect means the physical linking of 2 networks for the mutual exchange of traffic on non-discriminatory terms and conditions.(8)Internet exchange facilityThe term internet exchange facility means physical infrastructure through which internet service providers and content delivery networks exchange internet traffic between their networks. (9)Middle mile infrastructureThe term middle mile infrastructure—(A)means any broadband infrastructure that does not connect directly to an end-user location, including an anchor institution; and(B)includes—(i)leased dark fiber, interoffice transport, backhaul, internet exchange facilities, carrier-neutral submarine cable landing stations, undersea cables, transport connectivity to data centers, special access transport, and other similar services; and(ii)wired or private wireless broadband infrastructure, including microwave capacity, radio tower access, and other services or infrastructure for a private wireless broadband network, such as towers, fiber, and microwave links.(10)Middle mile grantThe term middle mile grant means a grant awarded under subsection (c).(11)Native entityThe term Native entity means—(A)an Indian Tribe;(B)an Alaska Native Corporation;(C)a Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517));(D)the Department of Hawaiian Home Lands; and(E)the Office of Hawaiian Affairs. (12)StateThe term State has the meaning given the term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).(13)Submarine cable landing stationThe term submarine cable landing station means a cable landing station, as that term is used in section 1.767(a)(5) of title 47, Code of Federal Regulations (or any successor regulation), that can be utilized to land a submarine cable by an entity that has obtained a license under the first section of the Act entitled An Act relating to the landing and operation of submarine cables in the United States, approved May 27, 1921 (47 U.S.C. 34) (commonly known as the Cable Landing Licensing Act). (14)Tribal governmentThe term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).(15)Trust landThe term trust land has the meaning given the term in section 3765 of title 38, United States Code.(16)UnderservedThe term underserved, with respect to an area, means an area—(A)that is designated as a Tribally underserved area through the process described in subsection (g); or(B)that—(i)is of a standard size not larger than a census block, as established by the Commission;(ii)is not an unserved area; and(iii)as determined in accordance with the FCC fixed broadband map, does not have access to broadband service with—(I)except as provided in subclause (II)—(aa)a download speed of not less than 100 megabits per second; and(bb)an upload speed of not less than 20 megabits per second; or(II)minimum download and upload speeds established as benchmarks by the Commission for purposes of this Act after the date of enactment of this Act, if those minimum speeds are higher than the minimum speeds required under subclause (I).(17)UnservedThe term unserved, with respect to an area, means an area—(A)that is designated as a Tribally underserved area through the process described in subsection (g); or(B)that—(i)is of a standard size not larger than a census block, as established by the Commission; and(ii)as determined in accordance with the FCC fixed broadband map, does not have access to broadband service—(I)except as provided in subclause (II)—(aa)a download speed of not less than 25 megabits per second; and(bb)an upload speed of not less than 3 megabits per second; or(II)minimum download and upload speeds established as benchmarks by the Commission for purposes of this Act after the date of enactment of this Act, if those minimum speeds are higher than the minimum speeds required under subclause (I).(b)Purpose; sense of Congress(1)PurposeThe purposes of this section are—(A)to encourage the expansion and extension of middle mile infrastructure to reduce the cost of connecting unserved and underserved areas to the backbone of the internet (commonly referred to as the last mile); and(B)to promote broadband connection resiliency through the creation of alternative network connection paths that can be designed to prevent single points of failure on a broadband network.(2)Sense of CongressIt is the sense of Congress that—(A)in awarding middle mile grants, the Assistant Secretary should give priority to—(i)projects that leverage existing rights-of-way, assets, and infrastructure to minimize financial, regulatory, and permitting challenges;(ii)projects in which the eligible entity designs the route of the middle mile infrastructure to enable the connection of unserved anchor institutions, including Tribal anchor institutions; and(iii)projects that—(I)improve the redundancy and resiliency of existing middle mile infrastructure, including those projects that facilitate interconnection with existing infrastructure, including add/drop capabilities at existing amplification sites and the ability to add splice cases with adequate fiber slack to build laterals that support future carrier-neutral interconnection facilities and connections to anchor institutions; and(II)reduce regulatory and permitting barriers to promote the construction of new middle mile infrastructure; and(B)a regulated utility should use funds received from a middle mile grant as a supplement to the core utility capital investment plan of the regulated utility to—(i)facilitate increased broadband resiliency or redundancy of existing middle mile infrastructure; or(ii)provide connectivity to unserved areas and underserved areas within the service territory of the utility and nearby communities.(c)Middle mile grantsThe Assistant Secretary shall establish a program under which the Assistant Secretary makes grants on a technology-neutral, competitive basis to eligible entities for the construction, improvement, or acquisition of middle mile infrastructure.(d)Applications for grants(1)In generalThe Assistant Secretary shall establish an application process for middle mile grants in accordance with this subsection.(2)Evaluation of applicationsIn establishing an application process for middle mile grants under paragraph (1), the Assistant Secretary shall give priority to an application from an eligible entity that satisfies 2 or more of the following conditions:(A)The eligible entity adopts fiscally sustainable middle mile strategies.(B)The eligible entity commits to offering non-discriminatory interconnect to terrestrial and wireless last mile broadband providers and any other party making a bona fide request.(C)The eligible entity identifies specific terrestrial and wireless last mile broadband providers that have—(i)expressed written interest in interconnecting with middle mile infrastructure planned to be deployed by the eligible entity; and(ii)demonstrated sustainable business plans or adequate funding sources with respect to the interconnect described in clause (i).(D)The eligible entity has identified supplemental investments or in-kind support (such as waived franchise or permitting fees) that will accelerate the completion of the planned project.(E)The eligible entity has demonstrated that the middle mile infrastructure will benefit national security interests of the United States and the Department of Defense.(3)Grant application competenceThe Assistant Secretary shall include in the application process established under paragraph (1) a requirement that an eligible entity provide evidence that the eligible entity is capable of carrying out a proposed project in a competent manner, including by demonstrating that the eligible entity has the financial, technical, and operational capability to carry out the proposed project and operate the resulting middle mile broadband network.(e)Eligibility(1)PrioritizationTo be eligible to obtain a middle mile grant, an eligible entity shall agree, in the application submitted through the process established under subsection (d), to prioritize—(A)connecting middle mile infrastructure to last mile networks that provide or plan to provide broadband service to households in unserved areas; (B)connecting non-contiguous trust lands; or(C)the offering of wholesale broadband service at reasonable rates on a carrier-neutral basis.(2)Buildout timelineSubject to paragraph (5), to be eligible to obtain a middle mile grant, an eligible entity shall agree, in the application submitted through the process established under subsection (d), to complete buildout of the middle mile infrastructure described in the application by not later than 5 years after the date on which amounts from the grant are made available to the eligible entity.(3)Project eligibility requirements(A)Capability to support retail broadband serviceA project shall be eligible for a middle mile grant if, at the time of the application, the Assistant Secretary determines that the proposed middle mile broadband network—(i)will be capable of supporting retail broadband service that meets speed, latency, reliability, consistency in quality of service, and related criteria, as the Assistant Secretary shall determine; and(ii)will be able to easily scale speeds over time to—(I)meet the evolving connectivity needs of households, businesses, and anchor institutions; and(II)support the deployment of 5G, successor wireless technologies, and other advanced services.(B)Mapping data(i)Use of most recent dataIn mapping out gaps in broadband coverage, an eligible entity that uses a middle mile grant to build out terrestrial or fixed wireless middle mile infrastructure shall use the most recent broadband mapping data available from one of the following sources:(I)The FCC fixed broadband map.(II)The State in which the area that will be served by the middle mile infrastructure is located, or the Tribal government with jurisdiction over the area that will be served by the middle mile infrastructure (if applicable).(III)Speed and usage surveys of existing broadband service that—(aa)demonstrate that more than 25 percent of the respondents display a broadband service speed that is slower than the speeds required for an area to qualify as unserved; and(bb)are conducted by—(AA)the eligible entity;(BB)the State in which the area that will be served by the middle mile infrastructure is located; or(CC)the Tribal government with jurisdiction over the area that will be served by the middle mile infrastructure (if applicable).(ii)Sharing facility locations(I)DefinitionIn this clause, the term covered recipient, with respect to an eligible entity, means—(aa)the Assistant Secretary;(bb)the Commission;(cc)the Tribal government with jurisdiction over the area that will be served by the middle mile infrastructure (if applicable); and(dd)the State broadband office for the State in which the area that will be served by the middle mile infrastructure is located.(II)Provision of informationSubject to subclauses (III) and (IV), an eligible entity that constructs, improves, or acquires middle mile infrastructure using a middle mile grant shall share with each covered recipient the location of all the middle mile broadband infrastructure.(III)FormatAn eligible entity shall provide the information required under subclause (II) to each covered recipient in a uniform format determined by the Assistant Secretary.(IV)Protection of information(aa)In generalThe information provided by an eligible entity under subclause (II) may only be used for purposes of carrying out the grant program under subsection (c) and any reporting related thereto.(bb)Legal defenses(AA)In generalA covered recipient may not receive information under subclause (II) unless the covered recipient agrees in writing to assert all available legal defenses to the disclosure of the information if a person or entity seeks disclosure from the covered recipient under any Federal, State, or local public disclosure law.(BB)Rule of constructionNothing in subitem (AA) is intended to be or shall be construed as a waiver of Tribal sovereign immunity.(C)Connection to anchor institutionsTo the extent feasible, an eligible entity that receives a middle mile grant to build middle mile infrastructure using fiber optic technology shall—(i)ensure that the proposed middle mile broadband network will be capable of providing broadband to an anchor institution at a speed of not less than—(I)1 gigabit per second for downloads; and(II)1 gigabit per second for uploads to an anchor institution; and(ii)include direct interconnect facilities that will facilitate the provision of broadband service to anchor institutions located within 1,000 feet of the middle mile infrastructure.(D)Interconnection and nondiscrimination(i)In generalAn eligible entity that receives a middle mile grant to build a middle mile project using fiber optic technology shall offer interconnection in perpetuity, where technically feasible without exceeding current or reasonably anticipated capacity limitations, on reasonable rates and terms to be negotiated with requesting parties.(ii)Nature of interconnectionThe interconnection required to be offered under clause (i) includes both the ability to connect to the public internet and physical interconnection for the exchange of traffic.(iii)Inclusion in applicationAn applicant for a middle mile grant shall disclose the applicant's proposed interconnection, nondiscrimination, and network management practices in the application submitted through the process established under subsection (d).(4)AccountabilityThe Assistant Secretary shall—(A)establish sufficient transparency, accountability, reporting, and oversight measures for the grant program established under subsection (c) to deter waste, fraud, and abuse of program funds; and(B)establish—(i)buildout requirements for each eligible entity that receives a middle mile grant, which shall require the completion of a certain percentage of project miles by a certain date; and(ii)penalties, which may include rescission of funds, for grantees that do not meet requirements described in clause (i) or the deadline under paragraph (2).(5)Extensions(A)In generalAt the request of an eligible entity, the Assistant Secretary may extend the buildout deadline under paragraph (2) by not more than 1 year if the eligible entity certifies that— (i)the eligible entity has a plan for use of the middle mile grant;(ii)the project to build out middle mile infrastructure is underway; or(iii)extenuating circumstances require an extension of time to allow completion of the project to build out middle mile infrastructure.(B)Effect on interim buildout requirementsIf the Assistant Secretary grants an extension under subparagraph (A), the Assistant Secretary shall modify any buildout requirements established under paragraph (4)(B)(i) as necessary.(f)Federal shareThe amount of a middle mile grant awarded to an eligible entity may not exceed 70 percent of the total project cost.(g)Special rules for Tribal governments(1)Waivers; alternative requirementsThe Assistant Secretary, in consultation with Tribal governments and Native entities, may waive, or specify alternative requirements for, any provision of subsections (c) through (f) if the Assistant Secretary finds that the waiver or alternative requirement is necessary—(A)for the effective delivery and administration of middle mile grants to Tribal governments; or(B)the construction, improvement, or acquisition of middle mile infrastructure on trust land.(2)Tribally unserved areas; Tribally underserved areasThe Assistant Secretary, in consultation with Tribal governments and Native entities, shall develop a process for designating Tribally unserved areas and Tribally underserved areas for purposes of this section.(h)Maintenance of standardsSection 602 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3212) shall apply to any entity that receives assistance, whether directly or indirectly, under any program—(1)that pertains to deploying broadband service; and(2)for which the Assistant Secretary has administrative responsibility as provided by law or by delegation of authority pursuant to law.(i)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $2,000,000,000 for fiscal years 2022 through 2026.


109 HR 5226 IH: Energy Fairness Act of 2006
U.S. House of Representatives
2006-04-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
2d Session
H. R. 5226
IN THE HOUSE OF REPRESENTATIVES

April 27, 2006
Ms. DeGette (for herself and Mr. Markey) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To repeal certain tax provisions of the Energy Policy Act of 2005.

1.Short titleThis Act may be cited as the Energy Fairness Act of 2006.
2.Repeal of certain tax provisions of the Energy Policy Act of 2005
(a)RepealThe following provisions, and amendments made by such provisions, of the Energy Policy Act of 2005 are hereby repealed:
(1)Section 1321 (relating to extension of credit for producing fuel from nonconventional source for facilities producing coke or coke gas).
(2)Section 1323 (relating to temporary expensing for equipment used in refining of liquid fuels).
(3)Section 1324 (relating to pass through to owners of deduction for capital costs incurred by small refiner cooperatives in complying with Environmental Protection Agency sulfur regulations).
(4)Section 1325 (relating to natural gas distribution lines treated as 15-year property).
(5)Section 1326 (relating to natural gas gathering lines treated as 7-year property).
(6)Section 1327 (relating to non-application of arbitrage rules to prepayments for natural gas).
(7)Section 1328 (relating to determination of small refiner exception to oil depletion deduction).
(8)Section 1329 (relating to amortization of geological and geophysical expenditures).
(b)Administration of Internal Revenue Code of 1986The Internal Revenue Code of 1986 shall be applied and administered as if the provisions, and amendments, specified in subsection (a) had never been enacted.


		II
		111th CONGRESS
		1st Session
		S. 2441
		IN THE SENATE OF THE UNITED
		  STATES

			October 29, 2009
			Mr. Brownback introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on certain
		  windsock type decoys.

		1.Certain windsock type decoys
			(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:

								9902.01.00Windsock type decoys with silhouette heads, internal framed
						body to maintain shape in low winds, and spring steel stake system for wind
						induced movement (provided for in subheading 9507.90.80) FreeNo
						changeNo changeOn or before 12/31/2011

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


114 S2230 IS: Muslim Brotherhood Terrorist Designation Act of 2015
U.S. Senate
2015-11-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 2230
		IN THE SENATE OF THE UNITED STATES

			November 3, 2015
			Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

		A BILL
		To require the Secretary of State to submit a report to Congress on the designation of the Muslim
			 Brotherhood as a foreign terrorist
			 organization,	and for other purposes.

		1.Short title
 This Act may be cited as the Muslim Brotherhood Terrorist Designation Act of 2015.
		2.Findings; sense of Congress
 (a)FindingsCongress finds the following: (1)Multiple countries have declared the Society of the Muslim Brothers (commonly known as the Muslim Brotherhood) a terrorist organization or proscribed the group from operating in their countries.
 (2)In 1980, following a wave of assassinations targeting government officials and the June 16, 1979, massacre of 83 military cadets in Aleppo, the Government of Syria—
 (A)banned the Muslim Brotherhood from the country; and (B)made membership in the organization punishable by death.
 (3)In a February 14, 2003, court decision, the Russian Supreme Court—
 (A)described the Muslim Brotherhood as a terrorist organization; and
 (B)banned the organization from operating in Russia.
 (4)In 2013— (A)an Egyptian court banned the Muslim Brotherhood from Egypt; and
 (B)the Government of Egypt officially declared the Muslim Brotherhood a terrorist organization.
 (5)The Kingdom of Saudi Arabia designated the Muslim Brotherhood as a terrorist group on March 7, 2014.
 (6)The Cabinet of the United Arab Emirates has published a list of terrorist organizations, which includes the Muslim Brotherhood and its local affiliates.
 (7)On March 21, 2014, the Foreign Minister of Bahrain backed the terrorist designations of the Muslim Brotherhood by the United Arab Emirates and Saudi Arabia.
 (8)The Muslim Brotherhood, which was founded in Egypt in 1928 by Hassan al-Banna, remains headquartered in Egypt but operates throughout the world.
 (9)The Muslim Brotherhood’s long-standing motto includes the following: Allah is our objective. The Prophet is our leader. The Qur’an is our law. Jihad is our way. Dying in the way of Allah is our highest hope. [Allah is greater!].
 (10)Hassan al-Banna, in a book entitled The Way of Jihad, taught— (A)Jihad is an obligation from Allah on every Muslim and cannot be ignored nor evaded. Allah has ascribed great importance to jihad and has made the reward of the martyrs and fighters in His way a splendid one. Only those who have acted similarly and who have modeled themselves upon the martyrs in their performance of jihad can join them in this reward.; and
 (B)Jihad [means] the fighting of the unbelievers, and involves all possible efforts that are necessary to dismantle the power of the enemies of Islam including beating them, plundering their wealth, destroying their places of worship and smashing their idols..
 (11)Hassan al-Banna also taught that it is the nature of Islam to dominate, not to be dominated, and thus that the mission of Islam, as interpreted and executed by the Muslim Brotherhood, must be to impose [Islamic] law on nations and to extend its power to the entire planet. While al-Banna's plan for accomplishing this mission was multifaceted, it centrally incorporated training for and the execution of violent jihad–terrorist operations.
 (12)In Richard P. Mitchell’s 1969 book on the history of the Muslim Brotherhood, entitled The Society of Muslim Brothers, Professor Mitchell explained al-Banna's teachings on violent jihad: The certainty that jihad had this physical connotation is evidenced by the relationship always implied between it and the possibility, even the necessity, of death and martyrdom. Death, as an important end of jihad, was extolled by al-Banna in a phrase which came to be a famous part of his legacy: [T]he art of death. Death is art. The Koran has commanded people to love death more than life. Unless the philosophy of the Koran on death replaces the love of life which has consumed Muslims, then they will reach naught. Victory can only come with the mastery of the art of death. The movement cannot succeed, al-Banna insists, without this dedicated and unqualified kind of jihad.
 (13)This philosophy pervaded the Muslim Brotherhood’s prioritization of training for combat. Professor Mitchell observed that it was the tone of the training which gave [the Muslim Brotherhood] its distinctive qualities, adding: If the Muslim Brothers were more effectively violent than other groups on the Egyptian scene, it was because militancy and martyrdom had been elevated to central virtues in the Society's ethos.. Its literature and speeches were permeated with references identifying it and its purposes in military terms. Al-Banna told members again and again that they were the army of liberation, carrying on your shoulders the message of liberation; you are the battalions of salvation for this nation afflicted by calamity.
 (14)Al-Banna's blueprint for revolution anticipated a final stage of execution at which point the battalions the Muslim Brotherhood had trained would conquer … every obstinate tyrant. This violent ideology continued to be part of the Brotherhood’s indoctrination in standard membership texts, such as Sayyid Qutb's Milestones and Fathi Yakan’s To Be a Muslim.
 (15)In Muslim Brotherhood organizations and chapters throughout the world, including in the United States, al-Banna’s originating philosophy continues to be taught.
 (16)In its earliest days, the Egyptian Muslim Brotherhood established a terrorist wing, referred to as the secret apparatus, which conducted bombings and assassinations targeting foreigners and government officials. The assassinations by the Muslim Brotherhood of Judge Ahmed Al-Khazinder Bey in 1947 and Prime Minister Mahmoud Al-Nuqrashi in 1948 prompted the first ban on the organization in Egypt.
 (17)The United States has previously designated global elements of the Muslim Brotherhood as foreign terrorist organizations, including—
 (A)the terrorist group Hamas, which self-identifies as one of the wings of the Muslim Brotherhood in Palestine, which was designated as a foreign terrorist organization by President William J. Clinton on January 23, 1995, by Executive Order 12947, and by Secretary of State Madeline Albright on October 7, 1997, under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); and
 (B)the Kuwaiti Muslim Brotherhood’s Lajnat al-Daawa al-Islamiya (Islamic Call Committee), which was designated as a foreign terrorist organization by President George W. Bush on September 23, 2001, by Executive Order 13224 and by Secretary of State Colin Powell on January 9, 2003, under such section 219(a).
 (18)Lajnat al-Daawa al-Islamiya was designated as a foreign terrorist organization for— (A)being a financial conduit for Osama bin Laden and Al-Qaeda;
 (B)funding terrorist groups in Chechnya and Libya; and
 (C)including Al-Qaeda operations chief Khalid Sheikh Mohammed and World Trade Center bomber Ramzi Yousef as leaders with the organization.
 (19)Militias of the Libyan Muslim Brotherhood recently joined forces with United States designated terrorist organizations, particularly Ansar al-Sharia, as part of the Shura Council of Benghazi Revolutionaries and Libya Dawn forces fighting against the military forces of the internationally recognized Libyan government.
 (20)Individual Muslim Brotherhood leaders have been designated by the United States as Specially Designated Terrorists, as authorized under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and initiated under Executive Order 13224 (September 23, 2001), including Shaykh Abd-al-Majid Al-Zindani, a leader of the Yemeni Muslim Brotherhood’s Al-Islah political party, who was designated by the Secretary of the Treasury as a specially designated terrorist on February 2, 2004. The designation states that al-Zindani has a long history of working with Bin Laden, serving as one of his spiritual leaders, in addition to his activities in support of Al-Qaeda, including recruiting and procuring weapons. Al-Zindani was also identified in a Federal lawsuit as a coordinator of the October 2000 suicide attack targeting the USS COLE in Aden, Yemen, that killed 17 United States Navy sailors, including personally selecting the 2 suicide bombers. In September 2012, al-Zindani reportedly called for his supporters to kill United States Marines stationed at the United States Embassy in Sana'a, Yemen.
 (21)Mohammad Jamal Khalifa, a veteran of the Soviet-Afghan war, senior Muslim Brotherhood leader, and brother-in-law and close confidant of Osama bin Laden was arrested in California in December 1994 on charges related to the 1993 bombing of the World Trade Center. Evidence was found at that time that linked Khalifa to the planned al-Qaeda Operation Bojinka plot that included the bombing of 11 airplanes between Asia and the United States. He was deported to Jordan in May 1995. Prior to that time he operated an Islamic charity in the Philippines that was accused of funneling money to the Abu Sayyef terrorist group and laundering money for Bin Laden. He was sought again by United States authorities in 2007, and an Interpol bulletin was issued to several United States intelligence agencies. Khalifa was killed four days later in Madagascar.
 (22)Sami Al-Hajj, an Al-Qaeda member and senior leader of the Muslim Brotherhood's Shura Council, was imprisoned as a detainee at the Department of Defense facility at Guantanamo Bay, Cuba. He was captured by Pakistani forces near the Afghanistan border in 2001 and transferred to United States custody. He was detained for his work as a money and weapons courier for Al-Qaeda. He reportedly worked directly with Taliban commander Mullah Mohammad Omar to procure weapons, and met with senior Afghan Muslim Brotherhood officials in mid-2001 to discuss the transfer of Stinger missiles from Afghanistan to Chechnya.
 (23)According to a May 1995 report by the United States House of Representatives Task Force on Terrorism and Unconventional Warfare, a series of conferences hosted by Sudanese Muslim Brotherhood leader Hassan al-Turabi in Khartoum, Sudan, during October 1994 and March to April 1995 featured representatives from virtually every Islamic terrorist organization in the world. The conferences included representatives from Iranian intelligence, Hezbollah, Palestinian Islamic Jihad, Egyptian Islamic Jihad, and the Armed Islamic Group of Algeria, and leaders from the international Muslim Brotherhood, the Muslim Brotherhood in the Gulf Countries, Hamas (the Palestinian Muslim Brotherhood), the Islamic Action Front (Jordanian Muslim Brotherhood), and the Ennahda Movement (the Tunisian Muslim Brotherhood). Osama bin Laden was present at the conferences. The parties agreed to launch a terrorism offensive beginning in 1995, with targets including United States interests and personnel in the Middle East and attacks inside the United States homeland.
 (24)In October 2003, Richard Clarke, former National Coordinator for Security and Counterterrorism for Presidents William J. Clinton and George W. Bush, testified before the Committee on Banking, Housing, and Urban Affairs of the Senate that terrorist organizations continued to operate inside the United States and their connection to the Muslim Brotherhood networks, stating Dating back to the 1980's, Islamist terrorist networks have developed a sophisticated and diversified financial infrastructure in the United States. In the post September 11th environment, it is now widely known that every major Islamist terrorist organization, from Hamas to Islamic Jihad to al-Qaeda, has leveraged the financial resources and institutions of the United States to build their capabilities. We face a highly developed enemy in our mission to stop terrorist financing. While the overseas operations of Islamist terrorist organizations are generally segregated and distinct, the opposite holds in the United States. The issue of terrorist financing in the United States is a fundamental example of the shared infrastructure levered by Hamas, Islamic Jihad and al-Qaeda, all of which enjoy a significant degree of cooperation and coordination within our borders. The common link here is the extremist Muslim Brotherhood—all of these organizations are descendants of the membership and ideology of the Muslim Brothers..
 (25)One of the examples cited by Richard Clarke in his testimony before the Committee on Banking, Housing, and Urban Affairs of the Senate was the case of Soliman Biheiri, who ran an investment firm specializing in Islamically permissible investments, the Secaucus, New Jersey-based Baitul Mal, Incorporated, which offered a range of financial services for the Muslim community, and invested in businesses and real estate. According to Federal prosecutors, the shareholders of Baitul Mal included al-Qaeda financier Yassin al-Qadi and top Hamas leader Mousa abu Marzook, both of whom are specially designated global terrorists and operated separate businesses out of the offices of Baitul Mal, Incorporated and also did business with Baitul Mal, Incorporated. Other Baitul Mal, Incorporated investors included Abdullah bin Laden, nephew of Osama bin Laden, and Tarek Swaidan, a Kuwaiti Muslim Brotherhood leader. In a September 2003 detention hearing, Federal prosecutors described Biheiri as the United States banker for the Muslim Brotherhood, and stating that the defendant came here as the Muslim Brotherhood's financial toehold in the United States.. Biheiri was convicted on Federal immigration charges on October 9, 2003.
 (26)The fact that the international Muslim Brotherhood engages in terrorism financing inside the United States was attested to in February 2011 by FBI Director Robert Mueller, who testified before the Permanent Select Committee on Intelligence of the House of Representatives about the Muslim Brotherhood's networks and agenda in the United States, stating: I can say at the outset that elements of the Muslim Brotherhood both here and overseas have supported terrorism. To the extent that I can provide information, I would be happy to do so in closed session. But it would be difficult to do in open session..
 (27)In the Holy Land Foundation prosecutions—the largest terrorism financing trial in United States history—Department of Justice officials successfully argued in court that the international Muslim Brotherhood and its United States affiliates had engaged in a widespread conspiracy to raise money and materially support the terrorist group Hamas. HLF officials charged in the case were found guilty on all counts in November 2008, primarily related to millions of dollars that had been transferred to Hamas. During the trial and in court documents, Federal prosecutors implicated a number of prominent United States-Islamic organizations in this conspiracy, including the Islamic Society of North America, the North American Islamic Trust, and the Council on American-Islamic Relations. These groups and their leaders, among others, were named as unindicted co-conspirators in the case. The Department of Justice told the court that these United States-Muslim Brotherhood affiliates acted at the direction of the international Muslim Brotherhood to support terrorism in a July 2008 court filing: ISNA and NAIT, in fact, shared more with HLF than just a parent organization. They were intimately connected with the Holy Land Foundation and its assigned task of providing financial support to HAMAS. Shortly after HAMAS was founded in 1987, as an outgrowth of the Muslim Brotherhood, the International Muslim Brotherhood ordered the Muslim Brotherhood chapters throughout the world to create Palestine Committees, who supported HAMAS with media, money and men. The U.S.-Muslim Brotherhood created the United States Palestine Committee, which documents reflect was initially comprised of 3 organizations: the Holy Land Foundation, the Islamic Association for Palestine, and the United Association for Studies and Research. CAIR was later added to these organizations. The mandate of these organizations, per the International Muslim Brotherhood, was to support HAMAS, and the HLF's particular role was to raise money to support HAMAS' organizations inside the Palestinian territories..
 (28)In September 2010, the Supreme Guide of the Muslim Brotherhood, Mohamed Badie, delivered a weekly sermon mirroring the ideological themes of Al-Qaeda's August 1996 declaration of war against the United States. Calling on Arab and Muslim regimes to confront not just Israel, but also the United States, he declared that Resistance is the only solution against the Zio-American arrogance and tyranny.. This resistance can only come from fighting and understanding that the improvement and change that the [Muslim] nation seeks can only be attained through jihad and sacrifice and by raising a jihadi generation that pursues death just as the enemies pursue life. He also predicted the imminent downfall of the United States, saying The United States is now experiencing the beginning of its end, and is heading towards its demise..
 (29)Since August 2013, Muslim Brotherhood members in Egypt have been killed in firefights during attacks on police and military targets, and during the manufacture and placement of explosives for acts of terrorism.
 (30)The August 14, 2013, clearing of Muslim Brotherhood protests in Egypt resulted in attacks by Muslim Brotherhood supporters targeting the Coptic Christian community. Attacks included 70 churches and more than 1,000 homes and businesses of Coptic Christian families torched in the ensuing violence. During the Muslim Brotherhood protests, there were repeated reports of direct incitement towards the Copts from leading Muslim Brotherhood figures, and since the protest dispersal this targeting of the Christian community continues in official statements on Muslim Brotherhood social media outlets and from its leadership. As the United States Commission on International Religious Freedom has previously noted, this terror campaign by the Muslim Brotherhood is not a new development. Over the past decade violence by the Muslim Brotherhood has been directed at the Coptic community. As the USCIRF observed in its 2003 Annual Report: Coptic Christians face ongoing violence from vigilante Muslim extremists, including members of the Muslim Brotherhood, many of whom act with impunity..
 (31)On January 27, 2015, the Muslim Brotherhood published on their official Ikhwanonline.com website an announcement that the organization was entering a new phase and calling its followers to prepare for a long, uncompromising jihad against the Egyptian government. The statement also positively recalled the Muslim Brotherhood’s terrorist past, including the operations of the secret apparatus terror wing active in the 1940s and 1950s, and the group’s battalions organized by Brotherhood founder Hassan al-Banna that fought against Israel during its War of Independence in 1948.
 (32)On May 27, 2015, a group of 159 Muslim Brotherhood-associated scholars from 35 nations announced the publication of a document endorsing violence in Egypt in response to a war against Islam's principles.. Specifically, Article 4 of the Call to Egypt calls for retribution punishment against government officials, judges, police, soldiers, religious officials, and media personalities backing the government. The document was affirmed by the Muslim Brotherhood in an English-language statement published on their official website.
 (33)A July 1, 2015, statement published on the Muslim Brotherhood's official English-language website called for rebellion against the Egyptian government after a group of senior Muslim Brotherhood leaders were killed in a shootout after opening fire on Egyptian anti-terror police who were raiding the secret meeting in 6th of October City. Documents reportedly recovered at the scene showed that the leadership was planning acts of sabotage and attacks on police stations during the second anniversary of the removal of Mohamed Morsi on July 3rd.
 (34)A senior Egyptian Muslim Brotherhood leader, Ashraf Abdel Ghaffar, gave a July 3, 2015, interview in which he defended the sabotage of power stations and high voltage pylons targeting Egyptian citizens by the Muslim Brotherhood as punishment for support of the Egyptian government.
 (b)Sense of CongressIt is the sense of Congress that— (1)the Muslim Brotherhood meets the criteria for designation as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and
 (2)the Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury, should exercise the Secretary of State’s statutory authority by designating the Muslim Brotherhood as a foreign terrorist organization.
				3.Report on designation of the muslim brotherhood as a foreign terrorist organization
 (a)DefinitionsIn this section: (1)Appropriate congressional committeesThe term appropriate congressional committees means—
 (A)the Committee on Homeland Security and Governmental Affairs of the Senate; (B)the Committee on Armed Services of the Senate;
 (C)the Committee on Foreign Relations of the Senate;
 (D)the Select Committee on Intelligence of the Senate; (E)the Committee on the Judiciary of the Senate;
 (F)the Committee on Banking, Housing, and Urban Affairs of the Senate; (G)the Committee on Homeland Security of the House of Representatives;
 (H)the Committee on Armed Services of the House of Representatives; (I)the Committee on Foreign Affairs of the House of Representatives;
 (J)the Permanent Select Committee on Intelligence of the House of Representatives; (K)the Committee on the Judiciary of the House of Representatives; and
 (L)the Committee on Financial Services of the House of Representatives. (2)Intelligence communityThe term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
 (b)ReportNot later than 60 days after the date of the enactment of this Act, the Secretary of State, in consultation with the intelligence community, shall submit a detailed report to the appropriate congressional committees that—
 (1)indicates whether the Muslim Brotherhood meets the criteria for designation as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and
 (2)if the Secretary of State determines that the Muslim Brotherhood does not meet the criteria referred to in paragraph (1), includes a detailed justification as to which criteria have not been met.
 (c)FormThe report required under subsection (b) shall be submitted in unclassified form, but may include a classified annex, if appropriate.


113 HR 1702 IH: Veterans Transportation Service Act
U.S. House of Representatives
2013-04-24
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
1st Session
H. R. 1702
IN THE HOUSE OF REPRESENTATIVES

April 24, 2013
Mr. Barber (for himself and Mr. Thornberry) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL
To amend title 38, United States Code, to make permanent the authority of the Secretary of Veterans Affairs to transport individuals to and from facilities of the Department of Veterans Affairs in connection with rehabilitation, counseling, examination, treatment, and care.

1.Short titleThis Act may be cited as the Veterans Transportation Service Act.
2.Transportation of individuals to and from facilities of Department of Veterans AffairsSection 111A(a) of title 38, United States Code, is amended—
(1)by striking (1) The Secretary and inserting The Secretary; and
(2)by striking paragraph (2).


		II
		110th CONGRESS
		1st Session
		S. 1897
		IN THE SENATE OF THE UNITED STATES

			July 30, 2007
			Mr. Vitter introduced
			 the following bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To allow for expanded uses of funding allocated to
		  Louisiana under the hazard mitigation program while preserving the goals of the
		  program to reduce future damage from disasters through
		  mitigation.

		1.Prohibition of restriction on
			 use of amounts
			(a)In
			 generalSubject to subsection (c), and notwithstanding any other
			 provision of law, the Administrator of the Federal Emergency Management Agency
			 shall not prohibit the use by the State of Louisiana under the Road Home
			 Program of that State of any amounts described in subsection (e), based upon
			 the existence or extent of any requirement or condition under that program
			 that—
				(1)limits the amount
			 made available to an eligible homeowner who does not agree to remain an owner
			 and occupant of a home in Louisiana; or
				(2)waives the
			 applicability of any limitation described in paragraph (1) for eligible
			 homeowners who are elderly or senior citizens.
				(b)ProceduresThe
			 Administrator of the Federal Emergency Management Agency shall identify and
			 implement mechanisms to simplify the expedited distribution of amounts
			 described in subsection (e), including—
				(1)creating a
			 programmatic cost-benefit analysis to provide a means of conducting
			 cost-benefit analysis by project type and geographic factors rather than on a
			 structure-by-structure basis; and
				(2)developing a
			 streamlined environmental review process to significantly speed the approval of
			 project applications.
				(c)Waiver
				(1)In
			 generalExcept as provided in paragraph (2), in using amounts
			 described in subsection (e), the President shall waive the requirements of
			 sections 206.434(c) and 206.438(d) of title 44, Code of Federal Regulations (or
			 any corresponding similar regulation or ruling), or specify alternative
			 requirements, upon a request by the State of Louisiana that such waiver is
			 required to facilitate the timely use of funds or a guarantee provided under
			 section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance
			 Act (42 U.S.C. 5170c).
				(2)ExceptionThe
			 President may not waive any requirement relating to fair housing,
			 nondiscrimination, labor standards, or, except as provided in subsection (b),
			 the environment under paragraph (1).
				(d)Savings
			 provisionExcept as provided in subsections (a), (b), and (c),
			 section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance
			 Act (42 U.S.C. 5170c) shall apply to amounts described in subsection (e) that
			 are used by the State of Louisiana under the Road Home Program of that
			 State.
			(e)Covered
			 amountsThe amounts described in this subsection is
			 $1,170,000,000 provided to the State of Louisiana because of Hurricane Katrina
			 of 2005 or Hurricane Rita of 2005 under the hazard mitigation grant program of
			 the Federal Emergency Management Agency under section 404 of the Robert T.
			 Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c).


116 HR 6786 IH: To amend title 10, United States Code, to include the Commonwealth of the Northern Mariana Islands and American Samoa in the definition of “State” for purposes of the Department of Defense STARBASE Program.
U.S. House of Representatives
2020-05-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 6786IN THE HOUSE OF REPRESENTATIVESMay 8, 2020Mr. Sablan (for himself and Mrs. Radewagen) introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo amend title 10, United States Code, to include the Commonwealth of the Northern Mariana Islands and American Samoa in the definition of State for purposes of the Department of Defense STARBASE Program.1.Department of Defense STARBASE ProgramSection 2193b(h) of title 10, United States Code, is amended by inserting the Commonwealth of the Northern Mariana Islands, American Samoa,  before and Guam.


110 HR 178 IH: Justice for the Unprotected Against Sexually Transmitted Infections among the Confined and Exposed Act of 2007
U.S. House of Representatives
2007-01-04
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. 178
IN THE HOUSE OF REPRESENTATIVES

January 4, 2007
Ms. Lee introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To reduce the spread of sexually transmitted infections in correctional facilities, and for other purposes.

1.Short titleThis Act may be cited as the Justice for the Unprotected Against Sexually Transmitted Infections among the Confined and Exposed Act of 2007 or the JUSTICE Act of 2007.
2.FindingsThe Congress makes the following findings:
(1)According to the Bureau of Justice Statistics (BJS), 2,186,230 persons were incarcerated in the United States as of midyear 2005. Between 1995 and midyear 2005, the number of persons incarcerated in Federal or State correctional facilities increased by an average of 3.4 percent per year. One in every 136 United States residents was incarcerated in a Federal, State, or local correctional facility as of midyear 2005.
(2)As of 2001, 64 percent of incarcerated persons were racial or ethnic minorities. Based on current incarceration rates, BJS estimates that 32 percent of African-American males will enter State or Federal correctional facilities during their lifetime, compared with 17 percent of Hispanic males and 5.9 percent of White males.
(3)There is a disproportionately high rate of HIV/AIDS among incarcerated persons, especially among minorities. Approximately 25 percent of the HIV-positive population of the United States passes through correctional facilities each year. BJS determined that the rate of confirmed AIDS cases is 3 times higher among incarcerated persons than in the general population. Minorities account for the majority of AIDS-related deaths among incarcerated persons, with African-American incarcerated persons 3.5 times more likely than White incarcerated persons and 2.5 times more likely than Hispanic incarcerated persons to die from AIDS-related causes.
(4)Studies suggest that other sexually transmitted infections (STIs), such as gonorrhea, chlamydia, syphilis, genital herpes, viral hepatitis, and human papillomavirus, also exist at a higher rate among incarcerated persons than in the general population. For instance, researchers have estimated that the rate of Hepatitis C (HCV) infection among incarcerated persons is somewhere between 8 and 20 times higher than that of the general population.
(5)Correctional facilities lack a uniform system of STI testing and reporting. Establishing a uniform data collection system would assist in developing and targeting counseling and treatment programs for incarcerated persons. Better developed and targeted programs may reduce the spread of STIs.
(6)Although Congress has acted to reduce the spread of sexual violence in correctional facilities by enacting the National Prison Rape Elimination Act (PREA) of 2003, BJS reported 8,210 allegations of sexual violence in correctional facilities in 2004.
(7)Approximately 95 percent of all incarcerated persons eventually return to society. According to one study, every year approximately 100,000 persons infected with both HIV and HCV are released from correctional facilities. These individuals comprise approximately 50 percent of all persons with both infections in the United States.
(8)According to the Centers for Disease Control and Prevention (CDC), latex condoms, when used consistently and correctly, are highly effective in preventing the transmission of HIV. Latex condoms also reduce the risk of other STIs. Despite the effectiveness of condoms in reducing the spread of STIs, the Bureau of Prisons does not recommend their use in correctional facilities.
(9)The distribution of condoms in correctional facilities is currently legal in certain parts of the United States and the world. The States of Vermont and Mississippi and the District of Columbia allow condom distribution programs in their correctional facilities. The cities of New York, San Francisco, Los Angeles, and Philadelphia also allow condom distribution in their correctional facilities. However, these States and cities operate fewer than 1 percent of all correctional facilities. In one study, researchers found that 18 of 31 countries surveyed allowed condom distribution in correctional facilities.
(10)In 2000 and 2001, researchers surveyed 300 incarcerated persons and 100 correctional officers at the Central Detention Facility, a correctional facility operated by the District of Columbia at which condoms are available. Researchers found that both incarcerated persons and correctional officers generally supported the condom distribution program and considered it to be important. Furthermore, the researchers determined that the program had not caused any major security infractions. In Canada, the Expert Committee on AIDS and Prisons surveyed more than 400 correctional officers in the Federal prison system of Canada in 1995 and reported that 82 percent of those responding indicated that the availability of condoms had created no problems at their facility.
(11)The American Public Health Association, the United Nations Joint Program on HIV/AIDS, and the World Health Organization have endorsed the effectiveness of condom distribution programs in correctional facilities.
(12)Many correctional facilities in the United States do not provide comprehensive testing and treatment programs to reduce the spread of STIs. According to BJS surveys from 2000, only 899 of the 1,668 Federal and State correctional facilities (i.e. 54 percent) provided HIV/AIDS counseling programs. Only 1,104 of the 1,584 State correctional facilities (i.e. 70 percent) reported having a policy of treating incarcerated persons for HCV.
3.Authority to allow community organizations to provide STI counseling, STI prevention education, and sexual barrier protection devices in Federal correctional facilities
(a)Directive to Attorney GeneralNot later than 30 days after the date of enactment of this Act, the Attorney General shall direct the Bureau of Prisons to allow community organizations to distribute sexual barrier protection devices and to engage in STI counseling and STI prevention education in Federal correctional facilities. These activities shall be subject to all relevant Federal laws and regulations which govern visitation in correctional facilities.
(b)Information requirementAny community organization permitted to distribute sexual barrier protection devices under subsection (a) must ensure that the persons to whom the devices are distributed are informed about the proper use and disposal of sexual barrier protection devices in accordance with established public health practices. Any community organization conducting STI counseling or STI prevention education under subsection (a) must offer comprehensive sexuality education.
(c)Possession of device protectedNo Federal correctional facility may, because of the possession or use of a sexual barrier protection deviceâ€”
(1)take adverse action against an incarcerated person; or
(2)consider possession or use as evidence of prohibited activity for the purpose of any Federal correctional facility administrative proceeding.
(d)ImplementationThe Attorney General and Bureau of Prisons shall implement this section according to established public health practices in a manner that protects the health, safety, and privacy of incarcerated persons and of correctional facility staff.
4.Sense of Congress regarding distribution of sexual barrier protection devices in State prison systems
It is the sense of Congress that States should allow for the legal distribution of sexual barrier protection devices in State correctional facilities to reduce the prevalence and spread of STIs in those facilities.
5. Survey of and report on correctional facility programs aimed at reducing the spread of STIs
(a)SurveyThe Attorney General, after consulting with the Secretary of Health and Human Services, State officials, and community organizations, shall, to the maximum extent practicable, conduct a survey of all Federal and State correctional facilities no later than 180 days after the date of enactment of this Act and annually thereafter for five years to determine:
(1)Prevention education offeredThe type of prevention education, information, or training offered to incarcerated persons and correctional facility staff regarding sexual violence and the spread of STIs, including whether such education, information, or trainingâ€”
(A)constitutes comprehensive sexuality education;
(B)is compulsory for new incarcerated persons and for new staff; and
(C)is offered on an on-going basis.
(2)Access to sexual barrier protection devicesWhether incarcerated persons canâ€”
(A)possess sexual barrier protection devices;
(B)purchase sexual barrier protection devices;
(C)purchase sexual barrier protection devices at a reduced cost; and
(D)obtain sexual barrier protection devices without cost.
(3)Incidence of sexual violenceThe incidence of sexual violence and assault committed by incarcerated persons and by correctional facility staff.
(4)Counseling, treatment, and supportive servicesWhether the correctional facility requires incarcerated persons to participate in counseling, treatment, and supportive services related to STIs, or whether it offers such programs to incarcerated persons.
(5)STI testingWhether the correctional facility tests incarcerated persons for STIs or gives them the option to undergo such testingâ€”
(A)at intake;
(B)on a regular basis; and
(C)prior to release.
(6)STI test resultsThe number of incarcerated persons who are tested for STIs and the outcome of such tests at each correctional facility, disaggregated to include results forâ€”
(A)the type of sexually transmitted infection tested for;
(B)the race and/or ethnicity of individuals tested;
(C)the age of individuals tested; and
(D)the gender of individuals tested.
(7)Pre-release referral policyWhether incarcerated persons are informed prior to release about STI-related services or other health services in their communities, including free and low-cost counseling and treatment options.
(8)Pre-release referrals madeThe number of referrals to community-based organizations or public health facilities offering STI-related or other health services provided to incarcerated persons prior to release, and the type of counseling or treatment for which the referral was made.
(9)Other actions takenWhether the correctional facility has taken any other action, in conjunction with community organizations or otherwise, to reduce the prevalence and spread of STIs in that facility.
(b)PrivacyIn conducting the survey, the Attorney General shall not request or retain the identity of any person who has sought or been offered counseling, treatment, testing, or prevention education information regarding an STI (including information about sexual barrier protection devices), or who has tested positive for an STI.
(c)ReportThe Attorney General shall transmit to Congress and make publicly available the results of the survey required under subsection (a), both for the Nation as a whole and disaggregated as to each State and each correctional facility. To the maximum extent possible, the Attorney General shall issue the first report no later than 1 year after the date of enactment of this Act and shall issue reports annually thereafter for 5 years.
6.Strategy
(a)Directive to Attorney GeneralThe Attorney General, in consultation with the Secretary of Health and Human Services, State officials, and community organizations, shall develop and implement a 5-year strategy to reduce the prevalence and spread of STIs in Federal and State correctional facilities. To the maximum extent possible, the strategy shall be developed, transmitted to Congress, and made publicly available no later than 180 days after the transmission of the first report required under subsection 5(c) of this Act.
(b)Contents of strategyThe strategy shall include the following:
(1)Prevention educationA plan for improving prevention education, information, and training offered to incarcerated persons and correctional facility staff, including information and training on sexual violence and the spread of STIs, and comprehensive sexuality education.
(2)Sexual barrier protection device accessA plan for expanding access to sexual barrier protection devices in correctional facilities.
(3)Sexual violence reductionA plan for reducing the incidence of sexual violence among incarcerated persons and correctional facility staff, developed in consultation with the National Prison Rape Elimination Commission.
(4)Counseling and supportive servicesA plan for expanding access to counseling and supportive services related to STIs in correctional facilities.
(5)TestingA plan for testing incarcerated persons for STIs during intake, during regular health exams, and prior to release, and thatâ€”
(A)is conducted in accordance with guidelines established by the Centers for Disease Control;
(B)includes pre-test counseling;
(C)requires that incarcerated persons are notified of their option to decline testing at any time;
(D)requires that incarcerated persons are confidentially notified of their test results in a timely manner; and
(E)ensures that incarcerated persons testing positive for STIs receive post-test counseling, care, treatment and supportive services.
(6)TreatmentA plan for ensuring that correctional facilities have the necessary medicine and equipment to treat and monitor STIs and for ensuring that incarcerated persons living with or testing positive for STIs receive and have access to care and treatment services.
(7)Strategies for demographic groupsA plan for developing and implementing culturally appropriate, sensitive, and specific strategies to reduce the spread of STIs among demographic groups heavily impacted by STIs.
(8)Linkages with communities and facilitiesA plan for establishing and strengthening linkages to local communities and health facilities that provide counseling, testing, care, and treatment services and that may receive persons recently released from incarceration who are living with STIs.
(9)Other plansAny other plans developed by the Attorney General for reducing the spread of STIs or improving the quality of health care in correctional facilities.
(10)Monitoring systemA monitoring system that establishes performance goals related to reducing the prevalence and spread of STIs in correctional facilities and which, where feasible, expresses such goals in quantifiable form.
(11)Monitoring system performance indicatorsPerformance indicators that measure or assess the achievement of the performance goals described in paragraph (9).
(12)Cost estimateA detailed estimate of the funding necessary to implement the strategy at the Federal and State levels for all 5 years, including the amount of funds required by community organizations to implement the parts of the strategy in which they take part.
(c)ReportThe Attorney General shall transmit to Congress and make publicly available an annual progress report regarding the implementation and effectiveness of the strategy described in subsection (a). The progress report shall include an evaluation of the implementation of the strategy using the monitoring system and performance indicators provided for in paragraphs (9) and (10) of subsection (b).
7.Appropriations
(a)In generalThere are authorized to be appropriated such sums as may be necessary to carry out this Act for each of the fiscal years 2007 through 2013.
(b)Availability of fundsAmounts made available under paragraph (1) are authorized to remain available until expended.
8.DefinitionsFor the purposes of this Act:
(1)Correctional FacilityThe term correctional facility means any prison, penitentiary, adult detention facility, juvenile detention facility, jail, or other facility to which persons may be sent after conviction of a crime or act of juvenile delinquency within the United States.
(2)Incarcerated PersonThe term incarcerated person means any person who is serving a sentence in a correctional facility after conviction of a crime.
(3)Sexually Transmitted InfectionThe term sexually transmitted infection or STI means any disease or infection that is commonly transmitted through sexual activity, including HIV/AIDS, gonorrhea, chlamydia, syphilis, genital herpes, viral hepatitis, and human papillomavirus.
(4)Sexual Barrier Protection DeviceThe term sexual barrier protection device means any FDA-approved physical device which has not been tampered with and which reduces the probability of STI transmission or infection between sexual partners, including female condoms, male condoms, and dental dams.
(5)Comprehensive Sexuality EducationThe term comprehensive sexuality education means sexuality education that includes information about abstinence and about the proper use and disposal of sexual barrier protection devices and which isâ€”
(A)based on evidence;
(B)free from bias; and
(C)comprehensive.
(6)Community OrganizationThe term community organization means a public health care facility or a non-profit organization which provides health or STI related services according to established public health standards.
(7)StateThe term State includes the District of Columbia, American Samoa, the Commonwealth of the North Mariana Islands, Guam, Puerto Rico, and the Virgin Islands of the United States.


		I
		112th CONGRESS
		2d Session
		H. R. 5712
		IN THE HOUSE OF REPRESENTATIVES

			May 10, 2012
			Ms. Baldwin (for
			 herself, Mr. Kinzinger of Illinois,
			 and Mr. Reichert) introduced the
			 following bill; which was referred to the Committee on Armed Services

		A BILL
		To authorize the Secretary of Labor to establish a pilot
		  program to have community business leaders mentor members of the Armed Forces
		  under the Transition Assistance Program, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Veterans Jobs Act of
			 2012.
		2.Business leader mentor
			 pilot program
			(a)Pilot
			 programIn carrying out the
			 Transition Assistance Program (including the Disabled Transition Assistance
			 Program) under section 1144 of title 10, United States Code, the Secretary of
			 Labor, in cooperation with the Secretary of Defense and the Secretary of
			 Veterans Affairs, may establish a pilot program to assess the feasibility and
			 advisability of using community business leaders as mentors to facilitate the
			 transition of members of the Armed Forces who are being separated from active
			 duty and the spouses of such members.
			(b)DurationIf the Secretary carries out the pilot
			 program established under subsection (a), such program shall be carried out for
			 a two-year period.
			(c)Report
				(1)In
			 generalNot later than 18
			 months after the date on which the Secretary commences the pilot program
			 established under subsection (a), the Secretary shall submit to the appropriate
			 congressional committees a report on such program, including the findings of
			 the Secretary with respect to the feasibility and advisability of using
			 business leaders as mentors as described in subsection (a).
				(2)Appropriate
			 congressional committees definedIn this subsection, the term
			 appropriate congressional committees means—
					(A)the Committees on
			 Veterans’ Affairs and Armed Services of the House of Representatives;
			 and
					(B)the Committees on
			 Veterans’ Affairs and Armed Services of the Senate.


		I
		111th CONGRESS
		1st Session
		H. R. 988
		IN THE HOUSE OF REPRESENTATIVES

			February 11, 2009
			Mr. Berry (for
			 himself and Mrs. Emerson) introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend the Public Health Service Act to provide for the
		  participation of physical therapists in the National Health Service Corps Loan
		  Repayment Program, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Physical Therapist Student Loan Repayment Eligibility Act
			 of 2009.
		2.National Health
			 Service Corps; participation of physical therapists in loan repayment
			 program
			(a)Mission of
			 corps; definition of primary health servicesSection 331(a)(3)(D) of the Public Health
			 Service Act (42 U.S.C. 254d(a)(3)(D)) is amended by striking or mental
			 health, and inserting mental health, or physical
			 therapy,.
			(b)Loan repayment
			 programSection 338B of the
			 Public Health Service Act (42 U.S.C. 254l–1) is
			 amended—
				(1)in subsection
			 (a)(1), by striking and physician assistants; and inserting
			 physician assistants, and physical therapists;; and
				(2)in subsection
			 (b)(1)—
					(A)in subparagraph
			 (A), by inserting before the semicolon the following: , or have a
			 doctoral or master’s degree in physical therapy;
					(B)in subparagraph
			 (B), by inserting physical therapy, after mental
			 health,; and
					(C)in subparagraph
			 (C)(ii), by inserting physical therapy, after
			 dentistry,.


		II
		111th CONGRESS
		2d Session
		S. 3776
		IN THE SENATE OF THE UNITED
		  STATES

			September 14, 2010
			Mr. Kerry introduced the
			 following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To provide for safe and humane policies and
		  procedures pertaining to the arrest, detention, and processing of aliens in
		  immigration enforcement operations.

		1.Short titleThis Act may be cited as the
			 Families First Immigration Enforcement
			 Act.
		2.DefinitionsIn this Act:
			(1)DepartmentThe term Department means the
			 Department of Homeland Security.
			(2)SecretaryThe term Secretary means the
			 Secretary of Homeland Security.
			(3)SSAThe term SSA means appropriate
			 State social service agencies.
			3.Arrest procedures
			(a)In generalAny immigration workplace enforcement
			 operation by the Department for alleged violations of the Immigration and
			 Nationality Act (8 U.S.C. 1101 et seq.), which is reasonably calculated to
			 apprehend, or results in the apprehension of, at least 50 aliens, shall be
			 carried out in accordance with the procedures described in this section.
			(b)State notificationThe Department shall provide State
			 officials with sufficient advance notice of all immigration workplace
			 enforcement operations to allow State law enforcement officials to notify SSA
			 of—
				(1)the specific area of the State that will be
			 affected;
				(2)the languages spoken by employees at the
			 target worksite; and
				(3)any special needs of the employees.
				(c)NGO notification
				(1)In generalThe Department and SSA shall determine how
			 appropriate nongovernmental organizations will be notified on the day of the
			 enforcement action.
				(2)ParticipationAt the discretion of SSA, representatives
			 of the nongovernmental organization who speak the native language of the aliens
			 detained in the enforcement action may be permitted to participate with SSA
			 officials in interviewing such aliens.
				(d)Determination of risk to
			 relativesThe Department
			 shall provide SSA with unfettered and confidential access to aliens detained in
			 the enforcement action to assist in the screening and interviews of aliens to
			 determine whether the detainee, the detainee’s children, or other vulnerable
			 people, including elderly and disabled individuals, have been placed at risk as
			 a result of the detainee’s arrest.
			(e)Medical screeningAfter SSA officials have met with the alien
			 detainees, qualified medical personnel from the Division of Immigration Health
			 Services of the Department of Health and Human Services shall—
				(1)conduct medical screenings of the alien
			 detainees; and
				(2)identify and report any medical issues that
			 might necessitate humanitarian release or additional care.
				(f)Consideration of
			 recommendationsThe
			 Department shall immediately consider recommendations made by SSA and the
			 Division of Immigration Health Services about alien detainees who should be
			 released on humanitarian grounds, including alien detainees who—
				(1)have a medical condition that requires
			 special attention;
				(2)are pregnant women;
				(3)are nursing mothers;
				(4)are the sole caretakers of their minor
			 children or elderly relatives;
				(5)function as the primary contact between the
			 family and those outside the home due to language barriers;
				(6)are needed to support their spouses in
			 caring for sick or special needs children;
				(7)have spouses who are ill or otherwise
			 unable to be sole caretaker; or
				(8)are younger than 18 years of age.
				(g)PublicityThe Department shall provide, and advertise
			 in the mainstream and foreign language media, a toll-free number through which
			 family members of alien detainees may report such relationships to operators
			 who speak English and the majority language of the target population of the
			 enforcement operation and will convey such information to the Department and
			 SSA.
			4.Detention procedures
			(a)In generalIn order to maximize full and fair
			 visitation by children, immediate family members, and counsel, an alien should
			 be detained, to the extent space is available, in facilities within the
			 physical jurisdiction or catchment area of the local field office of United
			 States Immigration and Customs Enforcement.
			(b)Release
				(1)In generalNot later than 72 hours after an alien’s
			 apprehension in an immigration workplace enforcement operation, the alien shall
			 be released from Department custody, in accordance with paragraph (2), if the
			 alien—
					(A)is not subject to mandatory detention under
			 section 235(1)(B)(iii)(IV), 236(c), or 236A of the Immigration and Nationality
			 Act (8 U.S.C. 1225(1)(B)(iii)(IV), 1226(c), and 1226a);
					(B)does not pose an immediate flight risk;
			 and
					(C)meets any of the criteria set forth in
			 section 3(f).
					(2)Type of releaseAn alien shall be released under this
			 subsection—
					(A)on the alien’s own recognizance;
					(B)by posting a minimum bond under section
			 236(a) of the Immigration and Nationality Act (8 U.S.C. 1226(a));
					(C)on parole in accordance with section
			 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)); or
					(D)through the Intensive Supervision
			 Appearance Program or another comparable alternative to detention
			 program.
					5.Legal orientation
			 presentationsAny alien
			 arrested in an immigration enforcement operation that is reasonably calculated
			 to apprehend, or results in the apprehension of, at least 50 aliens shall have
			 access to legal orientation presentations provided by independent,
			 nongovernmental agencies through the Legal Orientation Program administered by
			 the Executive Office for Immigration Review.
		6.Regulations concerning the treatment of
			 aliens in a vulnerable population in the United StatesNot later than 6 months after the date of
			 the enactment of this Act, the Secretary shall promulgate regulations to
			 implement this Act, in accordance with the notice and comment requirements
			 under subchapter II of chapter 5 of title 5, United States Code (commonly
			 referred to as the Administrative Procedure Act).
		7.Report to congressThe Secretary shall submit an annual report
			 that describes all the actions taken by the Department to implement this Act
			 to—
			(1)Committee on the Judiciary of the
			 Senate;
			(2)Committee
			 on the Judiciary of the House of Representatives;
			(3)the Committee on Homeland Security and Governmental Affairs
			 of the Senate; and
			(4)the Committee on Homeland Security of the House of
			 Representatives.
			8.Authorization of
			 appropriationsThere are
			 authorized to be appropriated such sums as may be necessary to carry out this
			 Act.


109 HR 1350 IH: Methamphetamine Blister Pack Loophole Elimination Act of 2005
U.S. House of Representatives
2005-03-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1350
IN THE HOUSE OF REPRESENTATIVES

March 16, 2005
Mr. Peterson of Minnesota introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To eliminate the safe-harbor exception for certain packaged pseudoephedrine products used in the manufacture of methamphetamine.

1.Short titleThis Act may be cited as the Methamphetamine Blister Pack Loophole Elimination Act of 2005.
2.FindingsCongress finds that—
(1)methamphetamine is a dangerous drug distributed throughout the United States;
(2)the manufacture, distribution, and use of methamphetamine results in increased crime, damage to the environment, hazardous waste that endangers the public, expensive cleanup costs often borne by Federal, State, and local government agencies, and broken families;
(3)Congress has acted many times to limit the availability of chemicals and equipment used in the manufacturing of methamphetamine;
(4)pseudoephedrine is 1 of the basic precursor chemicals used in the manufacture of methamphetamine;
(5)the United States Drug Enforcement Administration has indicated that methamphetamine manufacturers often obtain pseudoephedrine from retail and wholesale distributors, in both bottles and blister packs, and that the use of pseudoephedrine tablets in blister packs is pervasive in the illicit production of methamphetamine in both small and large clandestine methamphetamine laboratories;
(6)while current law establishes a retail sales limit of 9 grams for most pseudoephedrine products, including common cold medicine, there is no such limit on the sale of blister-packed pseudoephedrine products;
(7)the 9 gram limit on bottled pseudoephedrine allows an individual to purchase approximately 366 thirty-milligram tablets at 1 time, which is more than enough for a typical consumer in 1 transaction;
(8)the United States Drug Enforcement Administration recommended in March 2002 that retail distribution of pseudoephedrine tablets in blister packages should not be exempt from the 9 gram retail sales limit; and
(9)in recommending legislation to correct the current disparity in the law between bottled and blister-packed pseudoephedrine tablets, the United States Drug Enforcement Administration stated that The removal of this difference would significantly prevent illicit access to this methamphetamine precursor and would be easier for both the government and the industry to monitor and would increase compliance by retailers.
3.Elimination of blister pack exemption
(a)Regulated transactionSection 102(39)(A)(iv)(I)(aa) of the Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)(I)(aa)) is amended by striking (except that and all that follows through 1996).
(b)Rule of lawTo the extent that there exists a conflict between the amendment made by subsection (a) and section 401(d) of the Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 802 note), the amendment shall control.


117 S1140 IS: Seasonal Business PPP Parity Act
U.S. Senate
2021-04-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II
117th CONGRESS1st Session
S. 1140
IN THE SENATE OF THE UNITED STATES

April 15, 2021
Mr. King (for himself and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship

A BILL
To amend the Small Business Act to alter the maximum amount of a second draw loan under the Paycheck Protection Program, and for other purposes.

1.Short titleThis Act may be cited as the Seasonal Business PPP Parity Act. 2.Maximum amount of second draw loan (a)In generalSection 7(a)(37) of the Small Business Act (15 U.S.C. 636(a)(37)) is amended by striking subparagraph (C) and inserting the following:

(C)Maximum loan amount
(i)In generalExcept as otherwise provided in this subparagraph, the maximum amount of a covered loan made to an eligible entity is the sum of— (I)the lesser of—
(aa)the product obtained by multiplying— (AA)at the election of the eligible entity, the average total monthly payment for payroll costs incurred or paid by the eligible entity during the 1-year period before the date on which the loan is made or calendar year 2019; by
(BB)2.5; or (bb)$2,000,000; plus
(II)with respect to a loan received under paragraph (36) for which the eligible entity received forgiveness under section 1106 of the CARES Act (as in effect before the date of enactment of this paragraph), the amount of an increase with respect to that loan that the eligible entity would have been eligible to receive under section 312 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260) if the eligible entity had not received such forgiveness. (ii)Seasonal employersThe maximum amount of a covered loan made to an eligible entity that is a seasonal employer is the sum of—
(I)the lesser of— (aa)the product obtained by multiplying—
(AA)at the election of the eligible entity, the average total monthly payments for payroll costs incurred or paid by the eligible entity for any 12-week period between February 15, 2019 and February 15, 2020; by (BB)2.5; or
(bb)$2,000,000; plus (II)with respect to a loan received under paragraph (36) for which the seasonal employer received forgiveness under section 1106 of the CARES Act (as in effect before the date of enactment of this paragraph), the amount of an increase with respect to that loan that the seasonal employer would have been eligible to receive under section 312 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260) if the seasonal employer had not received such forgiveness.
(iii)New entitiesThe maximum amount of a covered loan made to an eligible entity that did not exist during the 1-year period preceding February 15, 2020 is the sum of— (I)the lesser of—
(aa)the product obtained by multiplying— (AA)the quotient obtained by dividing the sum of the total monthly payments by the eligible entity for payroll costs paid or incurred by the eligible entity as of the date on which the eligible entity applies for the covered loan by the number of months in which those payroll costs were paid or incurred; by
(BB)2.5; or (bb)$2,000,000; plus
(II)with respect to a loan received under paragraph (36) for which the eligible entity received forgiveness under section 1106 of the CARES Act (as in effect before the date of enactment of this paragraph), the amount of an increase with respect to that loan that the eligible entity would have been eligible to receive under section 312 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260) if the eligible entity had not received such forgiveness. (iv)NAICS 72 entitiesThe maximum amount of a covered loan made to an eligible entity that is assigned a North American Industry Classification System code beginning with 72 at the time of disbursal is the sum of—
(I)the lesser of— (aa)the product obtained by multiplying—
(AA)at the election of the eligible entity, the average total monthly payment for payroll costs incurred or paid by the eligible entity during the 1-year period before the date on which the loan is made or calendar year 2019; by (BB)3.5; or
(bb)$2,000,000; plus (II)with respect to a loan received under paragraph (36) for which the eligible entity received forgiveness under section 1106 of the CARES Act (as in effect before the date of enactment of this paragraph), the amount of an increase with respect to that loan that the eligible entity would have been eligible to receive under section 312 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260) if the eligible entity had not received such forgiveness..
(b)Effective date; applicabilityThe amendments made by subsection (a) shall be effective as if included in the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260) and shall apply to any loan made pursuant to section 7(a)(37) of the Small Business Act (15 U.S.C. 636(a)(37)) before, on, or after the date of enactment of this Act.