		II
		111th CONGRESS
		1st Session
		S. 359
		IN THE SENATE OF THE UNITED STATES

			January 30, 2009
			Mr. Inouye introduced
			 the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To establish the Hawai’i Capital National Heritage Area,
		  and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Hawai’i Capital National Heritage
			 Area Establishment Act.
		2.DefinitionsIn this Act:
			(1)Heritage
			 areaThe term Heritage Area means the Hawai’i
			 Capital National Heritage Area established by section 3(a).
			(2)Local
			 coordinating entityThe term local coordinating
			 entity means the local coordinating entity for the Heritage Area
			 designated by section 3(d).
			(3)Management
			 planThe term management plan means the management
			 plan for the Heritage Area required under section 5.
			(4)MapThe
			 term map means the map entitled Hawai’i Capital National
			 Heritage Area Proposed Boundary, numbered T17/90,000B, and dated
			 January 2009.
			(5)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(6)StateThe
			 term State means the State of Hawai’i.
			3.Hawai’i capital
			 national heritage area
			(a)EstablishmentThere
			 is established in the State the Hawai’i Capital National Heritage Area.
			(b)BoundariesThe
			 Heritage Area shall consist of portions of Honolulu and the Honolulu Ahupua’a,
			 as depicted on the map.
			(c)Availability of
			 mapThe map shall be on file and available for public inspection
			 in the appropriate offices of the National Park Service and the Hawai’i Capital
			 Cultural Coalition.
			(d)Local
			 coordinating entityThe Hawai’i Capital Cultural Coalition shall
			 be the local coordinating entity for the Heritage Area.
			4.Duties and
			 authorities of the local coordinating entity
			(a)Duties of the
			 local coordinating entityTo further the purposes of the Heritage
			 Area, the local coordinating entity shall—
				(1)prepare and
			 submit a management plan for the Heritage Area to the Secretary in accordance
			 with section 5;
				(2)assist units of
			 local government, regional planning organizations, and nonprofit organizations
			 in implementing the approved management plan by—
					(A)carrying out
			 programs and projects that recognize, protect, and enhance important resource
			 values in the Heritage Area;
					(B)establishing and
			 maintaining interpretive exhibits and programs within the Heritage Area;
					(C)developing
			 recreational and educational opportunities in the Heritage Area;
					(D)increasing public
			 awareness of, and appreciation for, natural, historic, scenic, and cultural
			 resources of the Heritage Area;
					(E)protecting and
			 restoring historic sites and buildings in the Heritage Area that are consistent
			 with the themes of the Heritage Area;
					(F)ensuring that
			 signs identifying points of public access and sites of interest are posted
			 throughout the Heritage Area; and
					(G)promoting a wide
			 range of partnerships among governments, organizations, and individuals to
			 further the purposes of the Heritage Area;
					(3)consider the
			 interests of diverse units of government, businesses, organizations, and
			 individuals in the Heritage Area in the preparation and implementation of the
			 management plan;
				(4)conduct meetings
			 open to the public at least semiannually regarding the development and
			 implementation of the management plan;
				(5)for any fiscal
			 year for which the local coordinating entity receives Federal funds under this
			 Act—
					(A)submit to the
			 Secretary an annual report that describes, for the fiscal year—
						(i)the
			 accomplishments, expenses, income, amounts, and sources of matching
			 funds;
						(ii)the amounts
			 leveraged with Federal funds and sources of the leveraged funds; and
						(iii)grants made to
			 any other entities;
						(B)make available to
			 the Secretary for audit all information relating to the expenditure of Federal
			 funds and any matching funds for the fiscal year; and
					(C)require, in all
			 agreements authorizing the expenditure of Federal funds by other organizations,
			 that the organizations receiving the Federal funds make available to the
			 Secretary for audit all records and other information relating to the
			 expenditure of the funds; and
					(6)encourage, by
			 appropriate means, economic development that is consistent with the purposes of
			 the Heritage Area.
				(b)AuthoritiesThe
			 local coordinating entity may, subject to the prior approval of the Secretary,
			 for the purposes of preparing and implementing the management plan for the
			 Heritage Area, use Federal funds made available under this Act to—
				(1)make grants to
			 the State or a political subdivision of the State, nonprofit organizations, and
			 other persons;
				(2)enter into
			 cooperative agreements with, or provide technical assistance to, the State or a
			 political subdivision of the State, nonprofit organizations, Federal agencies,
			 and other interested parties;
				(3)hire and
			 compensate staff;
				(4)obtain money or
			 services from any source, including under any other Federal law or
			 program;
				(5)contract for
			 goods or services; and
				(6)support
			 activities of partners and any other activities that—
					(A)further the
			 purposes of the Heritage Area; and
					(B)are consistent
			 with the approved management plan.
					(c)Prohibition on
			 the acquisition of real propertyThe local coordinating entity
			 shall not use Federal funds made available under this Act to acquire real
			 property or any interest in real property.
			5.Management
			 plan
			(a)In
			 generalNot later than 3 years after the date on which funds are
			 made available to carry out this Act, the local coordinating entity shall
			 submit to the Secretary for approval a management plan for the Heritage
			 Area.
			(b)RequirementsThe
			 management plan shall—
				(1)describe
			 comprehensive policies, goals, strategies, and recommendations for—
					(A)conveying the
			 heritage of the region; and
					(B)encouraging
			 long-term resource protection, enhancement, interpretation, funding,
			 management, and development of the Heritage Area;
					(2)take into
			 consideration existing State, county, and local plans in the development and
			 implementation of the management plan;
				(3)include a
			 description of actions and commitments that governments, private organizations,
			 and individuals have agreed to take to protect, enhance, and interpret the
			 natural, historic, scenic, and cultural resources of the Heritage Area;
				(4)specify existing
			 and potential sources of funding or economic development strategies to protect,
			 enhance, interpret, fund, manage, and develop the Heritage Area;
				(5)include an
			 inventory of the natural, historic, cultural, educational, scenic, and
			 recreational resources of the Heritage Area related to the stories and themes
			 of the region that should be protected, enhanced, managed, or developed;
				(6)recommend
			 policies and strategies for resource management, including the development of
			 intergovernmental and interagency agreements to protect the natural, historic,
			 cultural, educational, scenic, and recreational resources of the Heritage
			 Area;
				(7)describe a
			 program of implementation for the management plan, including—
					(A)performance
			 goals;
					(B)plans for
			 resource protection, enhancement, and interpretation; and
					(C)specific
			 commitments for implementation of the management plan that have been made by
			 the local coordinating entity or any government, organization, business, or
			 individual;
					(8)include an
			 analysis of, and recommendations for, ways in which Federal, tribal, State, and
			 local programs may best be coordinated to carry out the purposes of this Act,
			 including recommendations for the role of the National Park Service and other
			 Federal agencies associated with the Heritage Area;
				(9)include an
			 interpretive plan for the Heritage Area; and
				(10)include a
			 business plan that—
					(A)describes the
			 role, operation, financing, and functions of—
						(i)the
			 local coordinating entity; and
						(ii)each of the
			 major activities contained in the management plan; and
						(B)provides adequate
			 assurances that the local coordinating entity has the partnerships and
			 financial and other resources necessary to implement the management plan for
			 the Heritage Area.
					(c)Termination of
			 fundingIf the management plan is not submitted to the Secretary
			 in accordance with this Act, the local coordinating entity shall be ineligible
			 to receive additional funding under this Act until the date on which the
			 Secretary approves the management plan.
			(d)Approval of
			 management plan
				(1)In
			 generalNot later than 180 days after the date of receipt of the
			 management plan under subsection (a), the Secretary, in consultation with the
			 Governor of the State and any applicable tribal government, shall approve or
			 disapprove the management plan.
				(2)Criteria for
			 approvalIn determining whether to approve the management plan,
			 the Secretary shall consider whether—
					(A)the local
			 coordinating entity represents the diverse interests of the Heritage Area,
			 including governments, natural and historical resource protection
			 organizations, educational institutions, businesses, community residents, and
			 recreational organizations;
					(B)the local
			 coordinating entity has afforded adequate opportunity for public and
			 governmental involvement, including workshops and public meetings, in the
			 preparation of the management plan;
					(C)the resource
			 protection and interpretation strategies contained in the management plan, if
			 implemented, would adequately protect the natural, historic, and cultural
			 resources of the Heritage Area;
					(D)the management
			 plan would not adversely affect any activities authorized on Federal or tribal
			 land under applicable laws or land use plans;
					(E)the Secretary has
			 received adequate assurances from the appropriate State, tribal, and local
			 officials, the support of which is necessary to ensure the effective
			 implementation of the State, tribal, and local aspects of the management plan;
			 and
					(F)the local
			 coordinating entity has demonstrated the financial capability, in partnership
			 with others, to carry out the plan.
					(3)Action
			 following disapprovalIf the Secretary disapproves the management
			 plan under paragraph (1), the Secretary—
					(A)shall advise the
			 local coordinating entity in writing of the reasons for the disapproval;
					(B)may make
			 recommendations to the local coordinating entity for revisions to the
			 management plan; and
					(C)not later than
			 180 days after the receipt of any proposed revision of the management plan from
			 the local coordinating entity, shall approve or disapprove the proposed revised
			 management plan.
					(4)AmendmentsThe
			 Secretary shall approve or disapprove each amendment to the management plan
			 that the Secretary determines would make a substantial change to the management
			 plan in accordance with this subsection.
				(5)Use of
			 fundsThe local coordinating entity shall not use Federal funds
			 authorized by this Act to carry out any amendments to the management plan until
			 the Secretary has approved the amendments.
				6.Duties and
			 authorities of the Secretary
			(a)Technical and
			 financial assistance
				(1)In
			 generalOn the request of the local coordinating entity, the
			 Secretary may provide to the local coordinating entity technical and financial
			 assistance on a reimbursable or nonreimbursable basis, as determined by the
			 Secretary, to develop and implement the management plan.
				(2)Priority
			 actionsIn providing assistance under this subsection, the
			 Secretary shall give priority to actions that assist in—
					(A)conserving the
			 significant natural, historic, cultural, and scenic resources of the Heritage
			 Area; and
					(B)providing
			 educational, interpretive, and recreational opportunities consistent with the
			 purposes of the Heritage Area.
					(3)Cooperative
			 agreementsThe Secretary may enter into cooperative agreements
			 with the local coordinating entity and other public or private entities for the
			 purposes of carrying out this subsection.
				(b)Evaluation
				(1)In
			 generalNot later than 3 years before the date on which authority
			 for Federal funding terminates for the Heritage Area under section 10, the
			 Secretary shall—
					(A)conduct an
			 evaluation of the accomplishments of the Heritage Area; and
					(B)prepare a report
			 with recommendations for the future role of the National Park Service, if any,
			 with respect to the Heritage Area.
					(2)Evaluation
			 componentsAn evaluation conducted under paragraph (1)(A)
			 shall—
					(A)assess the
			 progress of the local coordinating entity with respect to—
						(i)accomplishing the
			 purposes of this Act for the Heritage Area; and
						(ii)achieving the
			 goals and objectives of the approved management plan for the Heritage
			 Area;
						(B)analyze the
			 Federal, State, local, and private investments in the Heritage Area to
			 determine the leverage and impact of the investments; and
					(C)review the
			 management structure, partnership relationships, and funding of the Heritage
			 Area for purposes of identifying the critical components for sustainability of
			 the Heritage Area.
					(3)Report
					(A)In
			 generalBased on the evaluation conducted under paragraph (1)(A),
			 the Secretary shall prepare a report with recommendations for the future role
			 of the National Park Service, if any, with respect to the Heritage Area.
					(B)Required
			 analysisIf the report prepared under subparagraph (A) recommends
			 that Federal funding for the Heritage Area be reauthorized, the report shall
			 include an analysis of—
						(i)ways in which
			 Federal funding for the Heritage Area may be reduced or eliminated; and
						(ii)the appropriate
			 time period necessary to achieve the recommended reduction or
			 elimination.
						(C)Submission to
			 congressOn completion of the report, the Secretary shall submit
			 the report to—
						(i)the
			 Committee on Energy and Natural Resources of the Senate; and
						(ii)the Committee on
			 Natural Resources of the House of Representatives.
						7.Relationship to
			 other Federal agencies
			(a)In
			 generalNothing in this Act affects the authority of a Federal
			 agency to provide technical or financial assistance under any other law.
			(b)Consultation
			 and coordinationTo the maximum extent practicable, the head of
			 any Federal agency planning to conduct activities that may have an impact on
			 the Heritage Area is encouraged to consult and coordinate the activities with
			 the Secretary and the local coordinating entity.
			(c)Other Federal
			 agenciesNothing in this Act—
				(1)modifies, alters,
			 or amends any laws (including regulations) authorizing a Federal agency to
			 manage Federal land under the jurisdiction of the Federal agency;
				(2)limits the
			 discretion of a Federal land manager to implement an approved land use plan
			 within the boundaries of the Heritage Area; or
				(3)modifies, alters,
			 or amends any authorized use of Federal land under the jurisdiction of a
			 Federal agency.
				8.Private property
			 owners and regulatory protectionsNothing in this Act—
			(1)abridges the
			 rights of any owner of public or private property, including the right to
			 refrain from participating in any plan, project, program, or activity conducted
			 within the Heritage Area;
			(2)requires any
			 property owner to permit public access (including access by any Federal,
			 tribal, State, or local agency) to the property;
			(3)modifies any
			 provisions of Federal, tribal, State, or local law with regard to public access
			 to, or use of, private land;
			(4)alters any land
			 use regulation, approved land use plan, or other regulatory authority of any
			 Federal, tribal, State, or local agency;
			(5)conveys any land
			 use or other regulatory authority to the local coordinating entity;
			(6)authorizes or
			 implies the reservation or appropriation of water or water rights;
			(7)diminishes the
			 authority of the State to manage fish and wildlife, including the regulation of
			 fishing and hunting within the Heritage Area; or
			(8)creates any
			 liability, or affects any liability under any other law, of any private
			 property owner with respect to any person injured on the private
			 property.
			9.Authorization of
			 appropriations
			(a)In
			 generalThere is authorized to be appropriated to carry out this
			 Act $10,000,000, of which not more than $1,000,000 may be made available for
			 any fiscal year.
			(b)Cost-sharing
			 requirement
				(1)In
			 generalThe Federal share of the cost of any activity provided
			 assistance or a grant under this Act shall not exceed 50 percent of the total
			 cost of the activity.
				(2)Form of
			 non-Federal shareThe non-Federal share—
					(A)shall be from
			 non-Federal sources; and
					(B)may be in the
			 form of in-kind contributions of goods and services fairly valued.
					10.Termination of
			 authorityThe authority of the
			 Secretary to provide financial assistance under this Act terminates on the date
			 that is 15 years after the date of enactment of this Act.


109 HR 2652 IH: U.S.S. Oklahoma Memorial Act of 2005
U.S. House of Representatives
2005-05-26
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.

I
109th CONGRESS
1st Session
H. R. 2652
IN THE HOUSE OF REPRESENTATIVES

May 26, 2005
Mr. Cole of Oklahoma introduced the following bill; which was referred to the Committee on Resources

A BILL
To provide for the establishment of a memorial to the U.S.S. Oklahoma as part of the USS Arizona Memorial in Pearl Harbor, Hawaii.

1.Short titleThis Act may be cited as the U.S.S. Oklahoma Memorial Act of 2005.
2.Establishment of memorial to U.S.S. Oklahoma
(a)Identification of site for memorialThe Secretary of the Interior, in consultation with the Secretary of the Navy, shall identify an appropriate site on Ford Island, Hawaii, for the location of a memorial to the U.S.S. Oklahoma, which was sunk during the attack on Pearl Harbor on December 7, 1941.
(b)Establishment and administrationAfter the site for the memorial is identified under subsection (a), the Secretary of the Interior shall establish and administer a memorial to the U.S.S. Oklahoma as part of the USS Arizona Memorial, a unit of the National Park System, in accordance with the laws and regulations applicable to lands administered by the National Park Service.
(c)Memorialization planNot later than one year after the date of the enactment of this Act, the Secretary of the Interior shall submit to Congress a memorialization plan for the portion of Pearl Harbor where United States naval vessels were attacked on December 7, 1941. The Secretary of the Interior shall prepare the plan in consultation with the Secretary of the Navy.


I
111th CONGRESS 1st Session
H. R. 1671
IN THE HOUSE OF REPRESENTATIVES

March 23, 2009
Mr. Larsen of Washington (for himself, Mr. Sullivan, Ms. Waters, Mr. Wu, Mr. Guthrie, Ms. Bordallo, Mr. Simpson, and Mr. Space) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To understand and comprehensively address the oral health problems associated with methamphetamine use.

1.Short title; purposes
(a)Short titleThis Act may be cited as the Meth Mouth Prevention and Community Recovery Act.
(b)PurposesThe purposes of this Act are—
(1)to investigate and report on all aspects of meth mouth, including its causes, public health impact, innovative models for its prevention, and new and improved methods for its treatment;
(2)to ensure dentists and allied dental personnel are able to recognize the signs of substance abuse in their patients, discuss the nature of addiction as it relates to oral health and dental care, and facilitate appropriate help for patients (and family members of patients) who are affected by a substance use disorder;
(3)to determine whether, how, and to what degree educating youth about meth mouth is an effective strategy for preventing or reducing the prevalence of methamphetamine use; and
(4)to underscore the many ways that dentists and other oral health professionals can contribute to the general health of their patients, their communities, and the country as a whole.
2.Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title; purposes.
Sec. 2. Table of contents.
Title I—EVIDENCE-BASED PREVENTION
Sec. 101. Findings; purpose; definitions.
Sec. 102. Methamphetamine prevention demonstration projects.
Sec. 103. Education for American Indian and Alaska native children.
Sec. 104. Authorization of appropriations.
Title II—METH MOUTH RESEARCH INVESTMENT ACT
Sec. 201. Findings; purpose; definitions.
Sec. 202. Research on substance abuse, oral health, and dental care.
Sec. 203. Study of methamphetamine-related oral health costs.
Sec. 204. Authorization of appropriations.
Title III—SUBSTANCE ABUSE EDUCATION FOR DENTAL PROFESSIONALS
Sec. 301. Findings; purpose; definitions.
Sec. 302. Substance abuse training for dental professionals.
Sec. 303. Authorization of appropriations.
IEVIDENCE-BASED PREVENTION
101.Findings; purpose; definitions
(a)FindingsThe Congress finds as follows:
(1)According to the Substance Abuse and Mental Health Services Administration, first-time methamphetamine use is most likely to occur between the ages of 18 and 25. Prevention efforts must therefore begin during the teen years.
(2)Most young people do not realize that methamphetamine use can quickly leave their teeth blackened, stained, rotting, and crumbling or falling apart and that the treatment options are often limited.
(3)By educating youth about meth mouth, oral health advocates can play a substantial role in helping to prevent first-time methamphetamine use.
(b)PurposeThe purpose of this title is to provide for a number of projects to evaluate whether, how, and to what degree educating youth about meth mouth is an effective strategy for preventing or reducing methamphetamine use.
(c)DefinitionsIn this title:
(1)Anti-drug coalitionThe term anti-drug coalition has the meaning given to the term eligible coalition in section 1023 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1523).
(2)Dental organizationThe term dental organization means a group of persons organized to represent the art and science of dentistry or who are otherwise associated for the primary purpose of advancing the public’s oral health.
(3)DirectorThe term Director means the Director of the Center for Substance Abuse Prevention.
(4)Elementary school; secondary schoolThe terms elementary school and secondary school have the meanings given to such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(5)Indian; indian tribe; tribal organizationThe terms Indian, Indian tribe, and tribal organization have the meanings given to such terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(6)Meth mouthThe term meth mouth means a distinct and often severe pattern of oral decay that is commonly associated with methamphetamine use.
(7)Substance use disorderThe term substance use disorder means any harmful pattern of alcohol or drug use that leads to clinically significant impairment in physical, psychological, interpersonal, or vocational functioning.
(8)YouthThe term youth has the meaning given to such term in section 1023 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1523).
102.Methamphetamine prevention demonstration projects
(a)In generalIn carrying out section 519E of the Public Health Service Act (42 U.S.C. 290bb–25e), the Director of the Center for Substance Abuse Prevention shall make grants to public and private nonprofit entities to enable such entities to determine whether, how, and to what degree educating youth about meth mouth is an effective strategy for preventing or reducing methamphetamine use.
(b)Use of funds
(1)Mandatory usesAmounts awarded under this title shall be used for projects that focus on, or include specific information about, the oral health risks associated with methamphetamine use.
(2)Authorized usesAmounts awarded under this title may be used—
(A)to develop or acquire instructional aids to enhance the teaching and learning process (including audiovisual items, computer-based multimedia, supplemental print material, and similar resources);
(B)to develop or acquire promotional items to be used for display or distribution on school campuses (including posters, flyers, brochures, pamphlets, message-based apparel, buttons, stickers, and similar items);
(C)to facilitate or directly furnish school-based instruction concerning the oral health risks associated with methamphetamine use;
(D)to train State and local health officials, health professionals, members of anti-drug coalitions, parents, and others how to carry messages about the oral health risks associated with methamphetamine use to youth; and
(E)to support other activities deemed appropriate by the Director.
(c)Grant eligibility
(1)ApplicationTo be eligible for grants under this title, an entity shall prepare and submit an application at such time, in such manner, and containing such information as the Director may reasonably require.
(2)ContentsEach application submitted pursuant to paragraph (1) shall include—
(A)a description of the objectives to be attained;
(B)a description of the manner in which the grant funds will be used; and
(C)a plan for evaluating the project’s success using methods that are evidence-based.
(3)PreferenceIn awarding grants under this title, the Director shall give preference to applicants that intend to—
(A)collaborate with one or more dental organizations;
(B)partner with one or more anti-drug coalitions; and
(C)coordinate their activities with one or more national, State, or local methamphetamine prevention campaigns or oral health promotion initiatives.
(d)Limitations
(1)Grant amountsThe amount of an award under this title may not exceed $50,000 per grantee.
(2)DurationThe Director shall award grants under this title for a period not to exceed 3 years.
(e)Evaluation and disseminationThe Director shall collect and widely disseminate information about the effectiveness of the demonstration projects assisted under this title.
103.Education for American Indian and Alaska native childrenNot less than 5 percent of the funds appropriated pursuant to section 104 for a fiscal year shall be awarded to Indian tribes and tribal organizations for the purpose of educating Indian youth about the oral health risks associated with methamphetamine use.
104.Authorization of appropriationsThere are authorized to be appropriated for the purpose of carrying out this title $1,000,000 for each of fiscal years 2010 through 2012. Amounts authorized to be appropriated under this section are in addition to any other amounts authorized to be appropriated for such purpose.
IIMETH MOUTH RESEARCH INVESTMENT ACT
201.Findings; purpose; definitions
(a)FindingsThe Congress finds as follows:
(1)As the number of regular methamphetamine users has increased, so has a peculiar set of dental problems linked to the drug. The condition (known as meth mouth) develops rapidly and is attributed to the drug’s acidic nature, its ability to dry the mouth, the tendency of users to grind and clench their teeth, and a drug-induced craving for sugar-laden soft drinks.
(2)Meth mouth is regarded by many as an anecdotal phenomenon. Few peer-reviewed studies have been published that examine its causes, its physical effects, its prevalence, or its public health costs.
(3)Enhanced research would help to identify the prevalence and scope of meth mouth. Such research would also help determine how substances of abuse can damage the teeth and other oral tissues, and offer the possibility of developing new and improved prevention, harm-reduction, and cost management strategies.
(b)PurposeThe purpose of this title is to provide for enhanced research examining all aspects of meth mouth, including its causes, its public health impact, innovative models for its prevention, and new and improved methods for its treatment.
(c)DefinitionsIn this title:
(1)Clinical research; health services researchThe terms clinical research and health services research shall have the meanings given to such terms in section 409 of the Public Health Service Act (42 U.S.C. 284d).
(2)Indian; indian tribe; tribal organizationThe terms Indian, Indian tribe, and tribal organization shall have the meanings given to such terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(3)Meth mouthThe term meth mouth means a distinct and often severe pattern of oral decay that is commonly associated with methamphetamine use.
(4)Public health researchThe term public health research means research that focuses on population-based health measures.
(5)SecretaryThe term Secretary means the Secretary of Health and Human Services.
(6)Substance use disorderThe term substance use disorder means any harmful pattern of alcohol or drug use that leads to clinically significant impairment in physical, psychological, interpersonal, or vocational functioning.
202.Research on substance abuse, oral health, and dental care
(a)Expansion of activityIn carrying out part A of title III of the Public Health Service Act (42 U.S.C. 241 et seq.), the Secretary shall expand and intensify the clinical research, health services research, and public health research on associations between substance use disorders, oral health, and the provision of dental care.
(b)AdministrationIn carrying out subsection (a), the Secretary—
(1)may enter into contracts or agreements with other Federal agencies, including interagency agreements, to delegate authority for the execution of grants and for such other activities as may be necessary to carry out this section;
(2)may carry out this section directly or through grants or cooperative agreements with State, local, and territorial units of government, Indian tribes, and tribal organizations, or other public or nonprofit private entities; and
(3)may request and use such information, data, and reports from any Federal, State, local, or private entity as may be required to carry out this section, with the consent of such entity.
203.Study of methamphetamine-related oral health costs
(a)In generalIn carrying out section 202, the Secretary shall conduct a study to determine whether, how, and to what degree methamphetamine use affects the demand for (and provision of) dental care. The study shall account for both genders, all racial and ethnic groups (and subgroups), and persons of all ages and from all geographic areas as appropriate for the scientific goals of the research.
(b)ReportNot later than 1 year after the date of enactment of this Act, the Secretary shall publish a special report detailing the results of the study described in subsection (a), with findings that address—
(1)the prevalence and severity of oral health problems believed to be associated with methamphetamine use;
(2)the criteria most commonly used to determine whether a patient’s oral health problems are associated with methamphetamine use;
(3)the therapies most commonly used to treat patients with meth mouth;
(4)the clinical prognosis for patients who received care for meth mouth; and
(5)the financial impact of meth mouth on publicly financed dental programs.
204.Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary for the purpose of carrying out this title for each of fiscal years 2010 through 2012. Amounts authorized to be appropriated under this section are in addition to any other amounts authorized to be appropriated for such purpose.
IIISUBSTANCE ABUSE EDUCATION FOR DENTAL PROFESSIONALS
301.Findings; purpose; definitions
(a)FindingsThe Congress finds as follows:
(1)The use of certain therapeutic agents in dental treatment can jeopardize the health and affect the relapse potential of patients with substance use disorders.
(2)Screening patients for substance abuse is not a common practice among dentists, according to several peer-reviewed articles published in the Journal of the American Dental Association. Limited time, inadequate training, and the potential for alienating patients are among the reasons often cited.
(3)Dentists receive little formal education and training in screening patients for substance abuse, discussing the nature of addiction as it relates to oral health and dental care, and facilitating appropriate help for patients, and family members of patients, who are affected by a substance use disorder.
(4)The American Dental Association maintains that dentists should be knowledgeable about substance use disorders in order to safely administer and prescribe controlled substances and other medications. The American Dental Association further recommends that dentists become familiar with their community’s substance abuse treatment resources and be able to make referrals when indicated.
(5)Training can greatly increase the degree to which dentists, allied dental personnel, and other health professionals can screen patients for substance abuse, discuss the nature of addiction as it relates to oral health and dental care, and facilitate appropriate help for patients, and family members of patients, who are affected by a substance use disorder.
(b)PurposeThe purpose of this title is to provide for enhanced training and technical assistance to ensure that dentists and allied dental personnel are able to recognize the signs of substance abuse in their patients, discuss the nature of addiction as it relates to oral health and dental care, and facilitate appropriate help for patients, and family members of patients, who are affected by a substance use disorder.
(c)DefinitionsFor the purposes of this title:
(1)Allied dental personnelThe term allied dental personnel means individuals who assist the dentist in the provision of oral health care services to patients, including dental assistants, dental hygienists, and dental laboratory technicians who are employed in dental offices or other patient care facilities.
(2)Continuing educationThe term continuing education means extracurricular learning activities (including classes, lecture series, conferences, workshops, seminars, correspondence courses, and other programs) whose purpose is to incorporate the latest advances in science, clinical, and professional knowledge into the practice of health care (and whose completion is often a condition of professional licensing).
(3)Continuing education creditThe term continuing education credit means a unit of study that is used to officially certify or recognize the successful completion of an activity that is consistent with professional standards for continuing education.
302.Substance abuse training for dental professionals
(a)In generalIn carrying out title V of the Public Health Service Act (42 U.S.C. 290 et seq.), the Administrator of the Substance Abuse and Mental Health Services Administration shall support training and offer technical assistance to ensure that dentists and allied dental personnel are prepared to—
(1)recognize signs of alcohol or drug addiction in their patients and the family members of their patients;
(2)discuss the nature of substance abuse as it relates to their area of expertise;
(3)understand how certain dental therapies can affect the relapse potential of substance dependent patients; and
(4)help those affected by a substance use disorder to find appropriate treatment for their condition.
(b)Continuing education creditsThe Administrator of the Substance Abuse and Mental Health Services Administration may collaborate with professional accrediting bodies—
(1)to develop and support substance abuse training courses for oral health professionals; and
(2)to encourage that the activities described in paragraph (1) be recognized for continuing education purposes.
303.Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary for the purpose of carrying out this title for each of fiscal years 2010 through 2012. Amounts authorized to be appropriated under this section are in addition to any other amounts authorized to be appropriated for such purpose.


110 HRES 277 IH: Expressing support for the designation and

U.S. House of Representatives
2007-03-27
text/xml
EN
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		IV
		110th CONGRESS
		1st Session
		H. RES. 277
		IN THE HOUSE OF REPRESENTATIVES

			March 27, 2007
			Mr. Grijalva
			 submitted the following resolution; which was referred to the
			 Committee on Oversight and Government
			 Reform

		RESOLUTION
		Expressing support for the designation and
		  goals of National Hispanic Media Week in honor of the Hispanic
		  media of the United States.

		Whereas, for almost 470 years, the United States has
			 benefitted from the work of Hispanic writers and publishers;
		Whereas more than 600 Hispanic publishers circulate more
			 than 20,000,000 copies of publications every week in the United States;
		Whereas 1 out of every 8 citizens of the United States is
			 served by a Hispanic publisher;
		Whereas the Hispanic press informs many citizens of the
			 United States about the great political, economic, and social issues of the
			 day;
		Whereas the Hispanic press of the United States
			 particularly focuses on informing and promoting the well-being of the Hispanic
			 community of the United States;
		Whereas, by commemorating the achievements of the Hispanic
			 press, the House of Representatives acknowledges the important role that the
			 Hispanic press has played in the history of the United States; and
		Whereas the second week of October has previously been
			 designated as National Hispanic Media Week: Now, therefore, be
			 it

		That the House of
			 Representatives—
			(1)recognizes the importance of the Hispanic
			 press of the United States in informing and promoting the well-being of the
			 Hispanic community of the United States;
			(2)supports the designation of an appropriate
			 week as National Hispanic Media Week in honor of the Hispanic
			 media of the United States; and
			(3)encourages the
			 people of the United States to observe the week with appropriate programs and
			 activities.


116 HR 4395 IH: Clean Slate through Consolidation Act
U.S. House of Representatives
2019-09-19
text/xml
EN
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I116th CONGRESS1st SessionH. R. 4395IN THE HOUSE OF REPRESENTATIVESSeptember 19, 2019Ms. Stevens (for herself and Ms. Mucarsel-Powell) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Higher Education Act of 1965 to require the removal of the record of default from
			 credit history upon obtaining a Federal Direct Consolidation Loan that
			 discharges the defaulted loan.

 1.Short titleThis Act may be cited as the Clean Slate through Consolidation Act. 2.Removal of record of default from credit history upon loan consolidationSection 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1087e(g)) is amended—
 (1)by striking A borrower and inserting the following:  (1)In generalA borrower; and
 (2)by adding at the end the following:  (2)Consumer reporting agenciesUpon obtaining a Federal Direct Consolidation Loan that discharges the liability on a defaulted loan made, insured, or guaranteed under this title, the Secretary, guaranty agency, or other holder of the loan shall request any consumer reporting agency to which the Secretary, guaranty agency or holder, as applicable, reported the default of the loan, to remove the record of the default from the borrower’s credit history..


116 S3318 IS: Transparent Health Care Pricing Act of 2020
U.S. Senate
2020-02-06
text/xml
EN
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II116th CONGRESS2d SessionS. 3318IN THE SENATE OF THE UNITED STATESFebruary 13, 2020Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo promote transparency in health care pricing.1.Short titleThis Act may be cited as the Transparent Health Care Pricing Act of 2020.2.Transparency in All Health Care Pricing(a)In generalAll providers to the public of health care items, products, services, or procedures shall disclose to the public, on a continuous basis, the cash prices for such items, products, services, or procedures in accordance with this section.(b)Manner of disclosureThe disclosure required under subsection (a) shall—(1)be made in an open and conspicuous manner; and(2)be made available at the point of purchase, in print, and on the internet.


116 S3593 IS: To amend the Internal Revenue Code of 1986 to expand and modify the credit for increasing research activities, and for other purposes.
U.S. Senate
2020-05-04
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.

II116th CONGRESS2d SessionS. 3593IN THE SENATE OF THE UNITED STATESMay 4, 2020Mr. Coons (for himself, Mr. Roberts, Ms. Cortez Masto, Mr. Young, Ms. Hassan, and Mr. Daines) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to expand and modify the credit for increasing research activities, and for other purposes.1.Short titleThis Act may be cited as the Furthering Our Recovery With American Research & Development Act or the FORWARD Act.2.Treatment of credit for qualified small businesses(a)Gross receipts test(1)In generalClause (i) of section 41(h)(3)(A) of the Internal Revenue Code of 1986 is amended—(A)by striking $5,000,000 in subclause (I) and inserting $20,000,000, and(B)by striking gross receipts in subclause (II) and inserting gross receipts in excess of $25,000.(2)Definition of gross receipts(A)In generalClause (i) of section 41(h)(3)(A)(i) of such Code, as amended by paragraph (1), is further amended—(i)by striking (as determined under the rules of section 448(c)(3), without regard to subparagraph (A) thereof) in subclause (I), and(ii)by striking (as so determined) in subclause (II).(B)DefinitionSubparagraph (A) of section 41(h)(3) of such Code, as so amended, is further amended by adding at the end the following flush sentence:For purposes of the preceding sentence, gross receipts shall be determined under the rules of section 448(c)(3) without regard to subparagraph (A) thereof, except that such term shall not include any contributions to the capital of a corporation (other than contributions by a shareholder) or any amount described in section 118(b) (other than receipts from customers in exchange for goods or services)..(b)Startup dateSubclause (II) of section 41(h)(3)(A)(i) of the Internal Revenue Code of 1986 is amended by striking 5-taxable-year period and inserting 8-taxable-year period.(c)Limitation on election amountClause (i) of section 41(h)(4)(B) of the Internal Revenue Code of 1986 is amended by striking $250,000 and inserting $1,000,000.(d)Limitation on electionClause (ii) of section 41(h)(4)(B) of the Internal Revenue Code of 1986 is amended by striking 5 or more and inserting 8 or more.(e)Payroll tax credit portionParagraph (2) of section 41(h) of the Internal Revenue Code of 1986 is amended—(1)by striking subparagraph (C),(2)by adding or at the end of subparagraph (A), and(3)by striking , or at the end of subparagraph (B) and inserting a period.(f)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2019.3.Inclusion of employee training expenses(a)In generalParagraph (1) of section 41(b) of the Internal Revenue Code of 1986 is amended—(1)by striking and at the end of subparagraph (A),(2)by striking the period at the end of subparagraph (B) and inserting , and, and(3)by adding at the end the following new subparagraph:(C)employee training expenses..(b)Employee training expensesSubsection (b) of section 41 of the Internal Revenue Code of 1986 is amended—(1)by redesignating paragraph (4) as paragraph (5), and(2)by inserting after paragraph (3) the following new paragraph:(4)Employee training expenses(A)In generalThe term employee training expenses means any wages paid or incurred to an employee in connection with training for the employee to perform qualified services described in clause (i) or (ii) of paragraph (2)(B). Such term does not include wages paid or incurred in connection with general employer training which does not specifically pertain to such qualified services.(B)Wages, etcFor purposes of this paragraph—(i)In generalThe term wages shall not include any amount taken into account under paragraph (2)(A)(i).(ii)RulesThe rules of paragraph (2)(D) shall apply..(c)Effective dateThe amendments made by this section shall apply to expenses paid or incurred in taxable years beginning after December 31, 2019.4.Increased credit rate for certain research activities(a)In generalSection 41 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:(i)Special rules for certain high-Benefit research activities(1)Certain collaborative research(A)In generalIn the case of any qualified research expenses described in subparagraph (B), as applicable—(i)subsection (a)(1) shall be applied by substituting 25 percent for 20 percent,(ii)subsection (c)(4)(A) shall be applied by substituting 17.5 percent for 14 percent, and(iii)subsection (c)(4)(B)(ii) shall be applied by substituting 7.5 percent for 6 percent.(B)Expenses described(i)In generalQualified research expenses described in this subparagraph are qualified research expenses incurred by the taxpayer with respect to qualified research in collaboration with 1 or more other entities, which may include a qualified organization described in subparagraph (A), (B), or (C) of subsection (e)(6), an organization which is a Federal laboratory (within the meaning of subsection (b)(3)(D)(i)(III)), or a qualified research consortium (as defined in subsection (b)(3)(C)(ii)).(ii)Contribution requirementA collaboration shall be taken into account under clause (i) only if each entity involved in the collaboration provides or performs more than ½ of its pro rata share of the work hours for the research.(2)Research by United States manufacturers(A)In generalIn the case of a qualified domestic manufacturer, this section shall be applied—(i)by increasing the 20 percent amount in subsection (a)(1) by the bonus amount,(ii)by increasing the 14 percent amount under subsection (c)(4)(A) by the alternative simplified bonus amount, and(iii)by increasing the 6 percent amount under subsection (c)(4)(B)(ii) by the subsection (c)(4)(B) bonus amount.(B)Qualified
 domestic manufacturerFor purposes of this subsection—(i)In generalThe term qualified domestic manufacturer means a taxpayer who has domestic production gross receipts which are more than 50 percent of total gross receipts.(ii)Domestic
 production gross receiptsThe term domestic production gross receipts has the meaning given to such term under section 199(c)(4) (as in effect on December 31, 2017). (C)Bonus amount; alternative simplified bonus amount; subsection (c)(4)(B) amountFor purposes of subparagraph (A):If the percentage of total gross receipts which are domestic production gross receipts is:The bonus amount is the following number of percentage points:The alternative simplified bonus amount is the following number of percentage points:The subsection (c)(4)(B) bonus amount is the following number of percentage points:More than 50% but not more than 60%10.70.3 More than 60% but not more than 70%21.40.6 More than 70% but not more than 80%32.10.9 More than 80% but not more than 90%42.81.2 More than 90%53.51.5..(b)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2020.5.Transfers to federal old-age and survivors insurance trust fundThere are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury from the taxes under section 3111(a) of the Internal Revenue Code of 1986 by reason of the amendments made by sections 2, 3, and 4. Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted.6.Support for small business research and development(a)DefinitionsIn this section—(1)the term Administrator means the Administrator of the Small Business Administration;(2)the term Commissioner means the Commissioner of Internal Revenue;(3)the term small business concern has the meaning given the term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)); and(4)the term small business development center means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648).(b)IRS and SBA partnershipsBeginning not later than 180 days after the date of enactment of this Act, the Commissioner, in consultation with the Administrator, shall develop partnership agreements that—(1)provide for the development of—(A)basic training, including in-person or modular training sessions, relating to Federal income tax credits that benefit small business concerns and startups, especially credits for research and experimentation; and(B)informational materials relating to such credits, including Internal Revenue Service guidance documents;(2)provide the basic training and informational materials developed under paragraph (1)—(A)through electronic resources, including internet-based webinars; and(B)at physical locations, including small business development centers; and(3)make such materials available to—(A)business development programs administered by the Small Business Administration, including women’s business centers, Veteran Business Outreach Centers, and U.S. Export Assistance Centers, and nonprofit research partners such as the Service Corps of Retired Executives authorized under section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)); and(B)business development entities that partner with Small Business Administration programs, including universities, nonprofits, business incubators, and business accelerators.(c)Reporting RequirementNot later than 180 days after the date of enactment of this Act, the Commissioner, in consultation with the Administrator, shall submit to Congress a report describing how the Internal Revenue Service in partnership with the Small Business Administration will provide outreach and educational materials to small business concerns, businesses of medium size, and startups regarding section 41(h) of the Internal Revenue Code of 1986.(d)Small Business Development CentersSection 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended—(1)in subparagraph (T), by striking and at the end;(2)in the first subparagraph (U) (relating to encouraging and assisting the provision of succession planning), by striking the period at the end of clause (v) and inserting a semicolon;(3)in the second subparagraph (U) (relating to providing training in conjunction with the United States Patent and Trademark Office)—(A)by redesignating that subparagraph as subparagraph (V); and(B)in clause (ii)(II), by striking the period at the end and inserting ; and; and(4)by adding at the end the following:(W)in conjunction with the Internal Revenue Service, providing informational materials, education, and basic training—(i)to small business concerns relating to Federal income tax credits available under the Internal Revenue Code of 1986, including—(I)credits available to businesses generally; and(II)credits available to small business concerns and startups specifically, especially credits for research and experimentation; and(ii)that may be delivered—(I)in person; or(II)through a website..(e)Authorization of appropriationsThere are authorized to be appropriated $2,000,000 per year to carry out the requirements of this section.


114 S77 IS: Patient Choice Restoration Act
U.S. Senate
2015-01-07
text/xml
EN
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		II
		114th CONGRESS1st Session
		S. 77
		IN THE SENATE OF THE UNITED STATES

			January 7, 2015
			Mr. Vitter introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To repeal the Patient Protection and Affordable Care Act.

		1.Short title
 This Act may be cited as the Patient Choice Restoration Act.2.Repeal
			(a)In
 generalThe following Acts, and the amendments made by such Acts, are repealed:
 (1)The Patient Protection and Affordable Care Act (Public Law 111–148).
 (2)The Health Care and Education Reconciliation Act of 2010 (Public Law 111–152).
				(b)Effect of
 lawThe provisions of law amended by the Acts referred to in subsection (a) are restored as if such Acts had never been enacted.


109 HR 5435 IH: To amend the Intelligence Reform and Terrorism Prevention

U.S. House of Representatives
2006-05-19
text/xml
EN
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		I
		109th CONGRESS
		2d Session
		H. R. 5435
		IN THE HOUSE OF REPRESENTATIVES

			May 19, 2006
			Mr. Reyes introduced
			 the following bill; which was referred to the
			 Committee on Homeland
			 Security

		A BILL
		To amend the Intelligence Reform and Terrorism Prevention
		  Act of 2004 to extend by one year the deadline for the implementation of the
		  Western Hemisphere Travel Initiative.

		1.Extension of deadline for
			 implementation of Western Hemisphere Travel InitiativeThe second sentence of subsection (b)(1) of
			 section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004
			 (Public Law 108–458) (commonly referred to as the Western Hemisphere
			 Travel Initiative) is amended by striking January 1,
			 2008, and inserting June 1, 2009,.


		II
		110th CONGRESS
		1st Session
		S. 2189
		IN THE SENATE OF THE UNITED STATES

			October 17, 2007
			Mr. Dodd (for himself
			 and Mr. Durbin) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To provide for educational opportunities
		  for all students in State public school systems, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Student Bill of
			 Rights.
		2.Table of
			 contentsThe table of contents
			 for this Act is as follows:

				Sec. 1. Short
				title.
				Sec. 2. Table of contents.
				Sec. 3. Findings and purposes.
				TITLE I—ACCESS TO EDUCATIONAL OPPORTUNITY
				Sec. 101. State public school systems.
				Sec. 102. Fundamentals of educational opportunity.
				TITLE II—STATE ACCOUNTABILITY
				Sec. 201. State accountability plan.
				Sec. 202. Consequences of failure to meet
				requirements.
				TITLE III—REPORT TO CONGRESS AND THE PUBLIC
				Sec. 301. Annual report on State public school
				systems.
				TITLE IV—REMEDY
				Sec. 401. Civil action for enforcement.
				TITLE V—GENERAL PROVISIONS
				Sec. 501. Definitions.
				Sec. 502. Rulemaking.
				Sec. 503. Construction.

		3.Findings and
			 purposes
			(a)FindingsCongress finds the following:
				(1)A high-quality, highly competitive
			 education for all students is imperative for the economic growth and
			 productivity of the United States, for its effective national defense, and to
			 achieve the historical aspiration to be one Nation of equal citizens. It is
			 therefore necessary and proper to overcome the nationwide phenomenon of State
			 public school systems that do not meet the requirements of section 101(a), in
			 which high-quality public schools typically serve high-income communities and
			 poor-quality schools typically serve low-income, urban, rural, and minority
			 communities.
				(2)In 2005, the National Academies found in
			 their report Rising Above the Gathering Storm: Energizing and Employing
			 America for a Brighter Economic Future that the inadequate preparation
			 of kindergarten through grade 12 students in science and mathematics, including
			 the significant lack of teachers qualified to teach these subjects, threatens
			 the economic prosperity of the United States. When students do not receive
			 quality mathematics and science preparation in kindergarten through grade 12,
			 they are not prepared to take advanced courses in these subjects at the
			 postsecondary level, leaving the United States with a critical shortage of
			 scientists and engineers—a shortfall being filled by professionals from other
			 countries.
				(3)There exists in the States a significant
			 educational opportunity gap for low-income, urban, rural, and minority students
			 characterized by the following:
					(A)Continuing disparities within States in
			 students’ access to the fundamentals of educational opportunity described in
			 section 102.
					(B)Highly differential educational
			 expenditures (adjusted for cost and need) among school districts within
			 States.
					(C)Radically differential educational
			 achievement among students in school districts within States as measured by the
			 following:
						(i)Achievement in mathematics, reading or
			 language arts, and science on State academic assessments required under section
			 1111(b)(3) of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6311(b)(3)) and on the National
			 Assessment of Educational Progress.
						(ii)Advanced placement courses taken.
						(iii)SAT and ACT test scores.
						(iv)Dropout rates and graduation rates.
						(v)College-going and college-completion
			 rates.
						(4)As a consequence of this educational
			 opportunity gap, the quality of a child’s education depends largely upon where
			 the child’s family can afford to live, and the detriments of lower quality
			 education are imposed particularly on—
					(A)children from low-income families;
					(B)children living in urban and rural areas;
			 and
					(C)minority children.
					(5)Since 1785, Congress, exercising the power
			 to admit new States under section 3 of article IV of the Constitution (and
			 previously, the Congress of the Confederation of States under the Articles of
			 Confederation), has imposed upon every State, as a fundamental condition of the
			 State’s admission, that the State provide for the establishment and maintenance
			 of systems of public schools open to all children in such State.
				(6)Over the years since the landmark ruling in
			 Brown v. Board of Education, 347 U.S. 483, 493 (1954), when a unanimous Supreme
			 Court held that the opportunity of an education … , where the State has
			 undertaken to provide it, is a right which must be made available to all on
			 equal terms, courts in 44 States have heard challenges to the
			 establishment, maintenance, and operation of State public school systems that
			 are separate and not educationally adequate.
				(7)In 1970, the Presidential Commission on
			 School Finance found that significant disparities in the distribution of
			 educational resources existed among school districts within States because the
			 States relied too significantly on local district financing for educational
			 revenues, and that reforms in systems of school financing would increase the
			 Nation’s ability to serve the educational needs of all children.
				(8)In 1999, the National Research Council of
			 the National Academy of Sciences published a report entitled Making
			 Money Matter, Financing America’s Schools, which found that the concept
			 of funding adequacy, which moves beyond the more traditional concepts of
			 finance equity to focus attention on the sufficiency of funding for desired
			 educational outcomes, is an important step in developing a fair and productive
			 educational system.
				(9)In 2001, the Executive Order establishing
			 the President’s Commission on Educational Resource Equity declared, A
			 quality education is essential to the success of every child in the 21st
			 century and to the continued strength and prosperity of our Nation. …
			 [L]ong-standing gaps in access to educational resources exist, including
			 disparities based on race and ethnicity. (Exec. Order No. 13190, 66
			 Fed. Reg. 5424 (2001)).
				(10)According to the Secretary of Education, as
			 stated in a letter (with enclosures) from the Secretary to States dated January
			 19, 2001—
					(A)racial and ethnic minorities continue to
			 suffer from lack of access to educational resources, including
			 experienced and qualified teachers, adequate facilities, and
			 instructional programs and support, including technology, as well as … the
			 funding necessary to secure these resources; and
					(B)these inadequacies are particularly
			 acute in high-poverty schools, including urban schools, where many students of
			 color are isolated and where the effect of the resource gaps may be cumulative.
			 In other words, students who need the most may often receive the least, and
			 these students often are students of color..
					(11)In the amendments made by the No Child Left
			 Behind Act of 2001, Congress—
					(A)(i)required each State to establish standards
			 and assessments in mathematics, reading or language arts, and science;
			 and
						(ii)required schools to ensure that all
			 students are proficient in mathematics, reading or language arts, and science
			 not later than 12 years after the end of the 2001–2002 school year, and held
			 schools accountable for the students’ progress; and
						(B)required each State to describe how the
			 State will help local educational agencies and schools to develop the capacity
			 to improve student academic achievement.
					(12)The standards and accountability movement
			 will succeed only if, in addition to standards and accountability, all schools
			 have access to the educational resources necessary to enable students to
			 achieve.
				(13)Raising standards without ensuring access
			 to educational resources may in fact exacerbate achievement gaps and set
			 children up for failure.
				(14)According to the World Economic Forum’s
			 Global Competitiveness Report 2001–2002, the United States ranks last among
			 developed countries in the difference in the quality of schools available to
			 rich and poor children.
				(15)The persistence of pervasive inadequacies
			 in the quality of education provided by State public school systems effectively
			 deprives millions of children throughout the United States of the opportunity
			 for an education adequate to enable the children to—
					(A)acquire the knowledge and skills necessary
			 for responsible citizenship in a diverse democracy, including the ability to
			 participate fully in the political process through informed electoral
			 choice;
					(B)meet challenging student academic
			 achievement standards; and
					(C)be able to compete and succeed in a global
			 economy.
					(16)Each State government has ultimate
			 authority to determine every important aspect and priority of the public school
			 system that provides elementary and secondary education to children in the
			 State, including whether students throughout the State have access to the
			 fundamentals of educational opportunity described in section 102.
				(17)Because a well educated populace is
			 critical to the Nation’s political and economic well-being and national
			 security, the Federal Government has a substantial interest in ensuring that
			 States provide a high-quality education by ensuring that all students have
			 access to the fundamentals of educational opportunity described in section 102
			 to enable the students to succeed academically and in life.
				(b)PurposesThe purposes of this Act are the
			 following:
				(1)To further the goals of the
			 Elementary and Secondary Education Act of
			 1965 (as amended by the No Child Left Behind Act of 2001), by
			 holding States accountable for providing all students with access to the
			 fundamentals of educational opportunity described in section 102.
				(2)To ensure that all students in public
			 elementary schools and secondary schools receive educational opportunities that
			 enable such students to—
					(A)acquire the knowledge and skills necessary
			 for responsible citizenship in a diverse democracy, including the ability to
			 participate fully in the political process through informed electoral
			 choice;
					(B)meet challenging student academic
			 achievement standards; and
					(C)be able to compete and succeed in a global
			 economy.
					(3)To end the pervasive pattern of States
			 maintaining public school systems that do not meet the requirements of section
			 101(a).
				IACCESS TO EDUCATIONAL OPPORTUNITY
			101.State public school
			 systems
				(a)RequirementsEach State receiving Federal financial
			 assistance for elementary or secondary education shall ensure that the State’s
			 public school system provides all students within the State with an education
			 that enables the students to acquire the knowledge and skills necessary for
			 responsible citizenship in a diverse democracy, including the ability to
			 participate fully in the political process through informed electoral choice,
			 to meet challenging student academic achievement standards, and to be able to
			 compete and succeed in a global economy, through—
					(1)the provision of fundamentals of
			 educational opportunity described in section 102, at adequate or ideal levels
			 as defined by the State under section 201(a)(1)(A) to students at each public
			 elementary school and secondary school in the State;
					(2)the provision of educational services in
			 school districts that receive funds under part A of title I of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311 et seq.) that are, taken as a whole, at least
			 comparable to educational services provided in school districts not receiving
			 such funds; and
					(3)compliance with any final Federal or State
			 court order in any matter concerning the adequacy or equitableness of the
			 State’s public school system.
					(b)Determinations
			 Concerning State Public School SystemsNot later than October 1 of each year, the
			 Secretary shall determine whether each State maintains a public school system
			 that meets the requirements of subsection (a). The Secretary may make a
			 determination that a State public school system does not meet such requirements
			 only after providing notice and an opportunity for a hearing.
				(c)PublicationThe Secretary shall publish and make
			 available to the general public (including by means of the Internet) the
			 determinations made under subsection (b).
				102.Fundamentals of
			 educational opportunityThe
			 fundamentals of educational opportunity are the following:
				(1)Highly
			 qualified teachers, principals, and academic support personnel
					(A)Highly
			 qualified teachersInstruction from highly qualified teachers
			 in core academic subjects.
					(B)Highly
			 qualified principalsLeadership, management, and guidance from
			 principals who meet State certification standards.
					(C)Highly
			 qualified academic support personnelNecessary additional academic support in
			 reading or language arts, mathematics, and other core academic subjects from
			 personnel who meet applicable State standards.
					(2)Rigorous
			 academic standards, curricula, and methods of instructionRigorous academic standards, curricula, and
			 methods of instruction, as measured by the extent to which each school district
			 succeeds in providing high-quality academic standards, curricula, and methods
			 of instruction to students in each public elementary school and secondary
			 school within the district.
				(3)Small class
			 sizesSmall class sizes, as
			 measured by—
					(A)the average class size and the range of
			 class sizes; and
					(B)the percentage of elementary school classes
			 with 17 or fewer students.
					(4)Textbooks,
			 instructional materials, and suppliesTextbooks, instructional materials, and
			 supplies, as measured by—
					(A)the average age and quality of textbooks,
			 instructional materials, and supplies used in core academic subjects;
			 and
					(B)the percentage of students who begin the
			 school year with school-issued textbooks, instructional materials, and
			 supplies.
					(5)Library
			 resourcesLibrary resources,
			 as measured by—
					(A)the size and qualifications of the
			 library’s staff, including whether the library is staffed by a full-time
			 librarian certified under applicable State standards;
					(B)the size (relative to the number of
			 students) and quality (including age) of the library’s collection of books and
			 periodicals; and
					(C)the library’s hours of operation.
					(6)School
			 facilities and computer technology
					(A)Quality school
			 facilitiesQuality school
			 facilities, as measured by—
						(i)the physical condition of school buildings
			 and major school building features;
						(ii)environmental conditions in school
			 buildings; and
						(iii)the quality of instructional space.
						(B)Computer
			 technologyComputer
			 technology, as measured by—
						(i)the ratio of computers to students;
						(ii)the quality of computers and software
			 available to students;
						(iii)Internet access;
						(iv)the quality of system maintenance and
			 technical assistance for the computers; and
						(v)the number of computer laboratory courses
			 taught by qualified computer instructors.
						(7)Quality
			 guidance counselingQualified
			 guidance counselors, as measured by the ratio of students to qualified guidance
			 counselors who have been certified under an applicable State or national
			 program.
				IISTATE ACCOUNTABILITY
			201.State accountability
			 plan
				(a)General
			 Plan
					(1)ContentsEach State receiving Federal financial
			 assistance for elementary and secondary education shall annually submit to the
			 Secretary a plan, developed by the State educational agency, in consultation
			 with local educational agencies, teachers, principals, pupil services
			 personnel, administrators, other staff, and parents, that contains the
			 following:
						(A)A description of 2 levels of high access
			 (adequate and ideal) to each of the fundamentals of educational opportunity
			 described in section 102 that measure how well the State, through school
			 districts, public elementary schools, and public secondary schools, is
			 achieving the purposes of this Act by providing children with the resources
			 they need to succeed academically and in life.
						(B)A description of a third level of access
			 (basic) to each of the fundamentals of educational opportunity described in
			 section 102 that measures how well the State, through school districts, public
			 elementary schools, and public secondary schools, is achieving the purposes of
			 this Act by providing children with the resources they need to succeed
			 academically and in life.
						(C)A description of the level of access of
			 each school district, public elementary school, and public secondary school in
			 the State to each of the fundamentals of educational opportunity described in
			 section 102, including identification of any such schools that lack high access
			 (as described in subparagraph (A)) to any of the fundamentals.
						(D)An estimate of the additional cost, if any,
			 of ensuring that the system meets the requirements of section 101(a).
						(E)Information stating the percentage of
			 students in each school district, public elementary school, and public
			 secondary school in the State that are proficient in mathematics, reading or
			 language arts, and science, as measured through assessments administered as
			 described in section 1111(b)(3)(C)(v) of the Elementary and Secondary Education Act of 1965
			 (20 U.S.C. 6311(b)(3)(C)(v)).
						(F)Information stating whether each school
			 district, public elementary school, and public secondary school in the State is
			 making adequate yearly progress, as defined under section 1111(b)(2) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311(b)(2)).
						(G)(i)For each school district, public elementary
			 school, and public secondary school in the State, information stating—
								(I)the number and percentage of children
			 counted under section 1124(c) of the Elementary
			 and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and
								(II)the number and percentage of students
			 described in section 1111(b)(3)(C)(xiii) of the Elementary and Secondary Education Act of 1965
			 (20 U.S.C. 6311(b)(3)(C)(xiii)).
								(ii)For each such school district, information
			 stating whether the district is an urban, mixed, or rural district (as defined
			 by the National Center for Education Statistics).
							(2)Levels of
			 accessFor purposes of the
			 plan submitted under paragraph (1)—
						(A)in defining basic, adequate, and ideal
			 levels of access to each of the fundamentals of educational opportunity, each
			 State shall consider, in addition to the factors described in section 102, the
			 access available to students in the highest-achieving decile of public
			 elementary schools and secondary schools, the unique needs of low-income, urban
			 and rural, and minority students, and other educationally appropriate factors;
			 and
						(B)the levels of access described in
			 subparagraphs (A) and (B) of paragraph (1) shall be aligned with the
			 challenging academic content standards, challenging student academic
			 achievement standards, and high-quality academic assessments required under the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6301 et seq.).
						(3)InformationThe State shall annually disseminate to
			 parents, in an understandable and uniform format, the descriptions, estimate,
			 and information described in paragraph (1).
					(b)Accountability
			 and Remediation
					(1)AccountabilityIf the Secretary determines under section
			 101(b) that a State maintains a public school system that fails to meet the
			 requirements of section 101(a)(1), the plan submitted under subsection (a)(1)
			 shall—
						(A)demonstrate that the State has developed
			 and is implementing a single, statewide State accountability system that will
			 be effective in ensuring that the State makes adequate yearly progress under
			 this Act (as defined by the State in a manner that annually reduces the number
			 of public elementary schools and secondary schools in the State without high
			 access (as described in subsection (a)(1)(A)) to each of fundamentals of
			 educational opportunity described in section 102);
						(B)demonstrate, based on the levels of access
			 described in paragraph (1) what constitutes adequate yearly progress of the
			 State under this Act toward providing all students with high access to the
			 fundamentals of educational opportunity described in section 102; and
						(C)ensure—
							(i)the establishment of a timeline for that
			 adequate yearly progress that includes interim yearly goals for the reduction
			 of the number of public elementary schools and secondary schools in the State
			 without high access to each of the fundamentals of educational opportunity
			 described in section 102; and
							(ii)that not later than 12 years after the end
			 of the 2005–2006 school year, each public elementary school in the State shall
			 have access to each of the fundamentals of educational opportunity described in
			 section 102.
							(2)RemediationIf the Secretary determines under section
			 101(b) that a State maintains a public school system that fails to meet the
			 requirements of section 101(a)(2), not later than 1 year after the Secretary
			 makes the determination, the State shall include in the plan submitted under
			 subsection (a)(1) a strategy to remediate the conditions that caused the
			 Secretary to make such determination, not later than the end of the second
			 school year beginning after submission of the plan.
					(c)AmendmentsA State may amend the plan submitted under
			 subsection (a)(1) to improve the plan or to take into account significantly
			 changed circumstances.
				(d)DisapprovalThe Secretary may disapprove the plan
			 submitted under subsection (a)(1) (or an amendment to such a plan) if the
			 Secretary determines, after notice and opportunity for hearing, that the plan
			 (or amendment) is inadequate to meet the requirements described in subsections
			 (a) and (b).
				(e)Waiver
					(1)In
			 generalA State may request,
			 and the Secretary may grant, a waiver of the requirements of subsections (a)
			 and (b) for 1 year for exceptional circumstances, such as a precipitous
			 decrease in State revenues, or another circumstance that the Secretary
			 determines to be exceptional, that prevents a State from complying with the
			 requirements of subsections (a) and (b).
					(2)Contents of
			 waiver requestA State that
			 requests a waiver under paragraph (1) shall include in the request—
						(A)a description of the exceptional
			 circumstance that prevents the State from complying with the requirements of
			 subsections (a) and (b); and
						(B)a plan that details the manner in which the
			 State will comply with such requirements by the end of the waiver
			 period.
						202.Consequences of
			 failure to meet requirements
				(a)Interim Yearly
			 Goals
					(1)In
			 generalFor a fiscal year and
			 a State described in section 201(b)(1), the Secretary shall withhold from the
			 State 2.75 percent of funds otherwise available to the State for the
			 administration of Federal elementary and secondary education programs, for each
			 covered goal that the Secretary determines the State is not meeting during that
			 year.
					(2)DefinitionIn this subsection, the term covered
			 goal, used with respect to a fiscal year, means an interim yearly goal
			 described in section 201(b)(1)(C)(i) that is applicable to that year or a prior
			 fiscal year.
					(b)Consequences of
			 NonremediationNotwithstanding any other provision of law,
			 if the Secretary determines that a State required to include a strategy under
			 section 201(b)(2) continues to maintain a public school system that does not
			 meet the requirements of section 101(a)(2) at the end of the second school year
			 described in section 201(b)(2), the Secretary shall withhold from the State not
			 more than 331/3 percent of funds otherwise available to
			 the State for the administration of programs authorized under the Elementary
			 and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) until the
			 Secretary determines that the State maintains a public school system that meets
			 the requirements of section 101(a)(2).
				(c)Consequences of
			 Noncompliance With Court OrdersIf the Secretary determines under section
			 101(b) that a State maintains a public school system that fails to meet the
			 requirements of section 101(a)(3), the Secretary shall withhold from the State
			 not more than 331/3 percent of funds otherwise available
			 to the State for the administration of programs authorized under the Elementary
			 and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
				(d)Disposition of
			 Funds Withheld
					(1)DeterminationNot later than 1 year after the Secretary
			 withholds funds from a State under this section, the Secretary shall determine
			 whether the State has corrected the condition that led to the
			 withholding.
					(2)Disposition
						(A)CorrectionIf the Secretary determines under paragraph
			 (1), that the State has corrected the condition that led to the withholding,
			 the Secretary shall make the withheld funds available to the State to use for
			 the original purpose of the funds during 1 or more fiscal years specified by
			 the Secretary.
						(B)NoncorrectionIf the Secretary determines under paragraph
			 (1), that the State has not corrected the condition that led to the
			 withholding, the Secretary shall allocate the withheld funds to public school
			 districts, public elementary schools, or public secondary schools in the State
			 that are most adversely affected by the condition that led to the withholding,
			 to enable the districts or schools to correct the condition during 1 or more
			 fiscal years specified by the Secretary.
						(3)AvailabilityAmounts made available or allocated under
			 subparagraph (A) or (B) of paragraph (2) shall remain available during the
			 fiscal years specified by the Secretary under that subparagraph.
					IIIREPORT TO CONGRESS AND THE PUBLIC
			301.Annual report on
			 State public school systems
				(a)Annual Report
			 to CongressNot later than
			 October 1 of each year, beginning the year after completion of the first full
			 school year after the date of enactment of this Act, the Secretary shall submit
			 to Congress a report that includes a full and complete analysis of the public
			 school system of each State.
				(b)Contents of
			 ReportThe analysis conducted
			 under subsection (a) shall include the following:
					(1)Public school
			 system informationThe
			 following information related to the public school system of each State:
						(A)The number of school districts, public
			 elementary schools, public secondary schools, and students in the
			 system.
						(B)(i)For each such school district and
			 school—
								(I)information stating the number and
			 percentage of children counted under section 1124(c) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6333(c)); and
								(II)the number and percentage of students,
			 disaggregated by groups described in section 1111(b)(3)(C)(xiii) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311(b)(3)(C)(xiii)).
								(ii)For each such district, information stating
			 whether the district is an urban, mixed, or rural district (as defined by the
			 National Center for Education Statistics).
							(C)The average per-pupil expenditure (both in
			 actual dollars and adjusted for cost and need) for the State and for each
			 school district in the State.
						(D)Each school district’s decile ranking as
			 measured by achievement in mathematics, reading or language arts, and science
			 on State academic assessments required under section 1111(b)(3) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311(b)(3)) and on the National Assessment of
			 Educational Progress.
						(E)For each school district, public elementary
			 school, and public secondary school—
							(i)the level of access (as described in
			 section 201(a)(1)) to each of the fundamentals of educational opportunity
			 described in section 102;
							(ii)the percentage of students that are
			 proficient in mathematics, reading or language arts, and science, as measured
			 through assessments administered as described in section 1111(b)(3)(C)(v) of
			 the Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311(b)(3)(C)(v)); and
							(iii)whether the school district or school is
			 making adequate yearly progress—
								(I)as defined under section 1111(b)(2) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311(b)(2)); and
								(II)as defined by the State under section
			 201(b)(1)(A).
								(F)For each State, the number of public
			 elementary schools and secondary schools that lack, and names of each such
			 school that lacks, high access (as described in section 201(a)(1)(A)) to any of
			 the fundamentals of educational opportunity described in section 102.
						(G)For the year covered by the report, a
			 summary of any changes in the data required in subparagraphs (A) through (F)
			 for each of the preceding 3 years (which may be based on such data as are
			 available, for the first 3 reports submitted under subsection (a)).
						(H)Such other information as the Secretary
			 considers useful and appropriate.
						(2)State
			 actionsFor each State that
			 the Secretary determines under section 101(b) maintains a public school system
			 that fails to meet the requirements of section 101(a), a detailed description
			 and evaluation of the success of any actions taken by the State, and measures
			 proposed to be taken by the State, to meet the requirements.
					(3)State
			 plansA copy of each State’s
			 most recent plan submitted under section 201(a)(1).
					(4)Relationship
			 between compliance and achievementAn analysis of the relationship between
			 meeting the requirements of section 101(a) and improving student academic
			 achievement, as measured on State academic assessments required under section
			 1111(b)(3) of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6311(b)(3)).
					(c)Scope of
			 ReportThe report required
			 under subsection (a) shall cover the school year ending in the calendar year in
			 which the report is required to be submitted.
				(d)Submission of
			 Data to SecretaryEach State
			 receiving Federal financial assistance for elementary and secondary education
			 shall submit to the Secretary, at such time and in such manner as the Secretary
			 may reasonably require, such data as the Secretary determines to be necessary
			 to make a determination under section 101(b) and to submit the report under
			 this section. Such data shall include the information used to measure the
			 State’s success in providing the fundamentals of educational opportunity
			 described in section 102.
				(e)Failure To
			 Submit DataIf a State fails
			 to submit the data that the Secretary determines to be necessary to make a
			 determination under section 101(b) regarding whether the State maintains a
			 public school system that meets the requirements of section 101(a)—
					(1)such State’s public school system shall be
			 deemed not to have met the applicable requirements until the State submits such
			 data and the Secretary is able to make such determination under section 101(b);
			 and
					(2)the Secretary shall provide, to the extent
			 practicable, the analysis required in subsection (a) for the State based on the
			 best data available to the Secretary.
					(f)PublicationThe Secretary shall publish and make
			 available to the general public (including by means of the Internet) the report
			 required under subsection (a).
				IVREMEDY
			401.Civil action for
			 enforcementA student or
			 parent of a student aggrieved by a violation of this Act may bring a civil
			 action against the appropriate official in an appropriate Federal district
			 court seeking declaratory or injunctive relief to enforce the requirements of
			 this Act, together with reasonable attorney’s fees and the costs of the
			 action.
			VGENERAL PROVISIONS
			501.DefinitionsIn this Act:
				(1)Referenced
			 termsThe terms
			 elementary school, secondary school, local
			 educational agency, highly qualified, core academic
			 subjects, parent, and average per-pupil
			 expenditure have the meanings given those terms in section 9101 of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 7801).
				(2)Federal
			 elementary and secondary education programsThe term Federal elementary and
			 secondary education programs means programs providing Federal financial
			 assistance for elementary or secondary education, other than programs under the
			 following provisions of law:
					(A)The Individuals with Disabilities Education
			 Act (20 U.S.C. 1400 et seq.).
					(B)Title III of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6801 et seq.).
					(C)The Richard B. Russell
			 National School Lunch Act (42 U.S.C.
			 1751 et seq.).
					(D)The Child
			 Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
					(3)Public school
			 systemThe term public
			 school system means a State’s system of public elementary and secondary
			 education.
				(4)StateThe term State means each of
			 the several States, the District of Columbia, and the Commonwealth of Puerto
			 Rico.
				502.RulemakingThe Secretary may prescribe regulations to
			 carry out this Act.
			503.ConstructionNothing in this Act shall be construed to
			 require a jurisdiction to increase its property tax or other tax rates or to
			 redistribute revenues from such taxes.


110 HCON 126 IH: Supporting the goals and ideals of the Day

U.S. House of Representatives
2007-04-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		110th CONGRESS
		1st Session
		H. CON. RES. 126
		IN THE HOUSE OF REPRESENTATIVES

			April 23, 2007
			Mr. Engel (for
			 himself, Ms. Baldwin,
			 Mr. Farr, Mr. Holt, Mr.
			 Stark, Mr. Pallone,
			 Mr. Meehan, and
			 Mr. McNulty) submitted the following
			 concurrent resolution; which was referred to the
			 Committee on Education and
			 Labor, 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

		CONCURRENT RESOLUTION
		Supporting the goals and ideals of the Day
		  of Silence with respect to discrimination and harassment faced by lesbian, gay,
		  bisexual, and transgender individuals in schools.

		Whereas the Day of Silence is a day on which students take
			 a vow to remain silent for a full day in order to bring attention to the
			 harassment and discrimination faced by lesbian, gay, bisexual, and transgender
			 individuals in schools, including students, teachers, and other school
			 staff;
		Whereas the Gay, Lesbian, and Straight Education Network,
			 in partnership with the United States Student Association, has designated the
			 third Wednesday of every April as the Day of Silence;
		Whereas more than 500,000 students from more than 5,000
			 junior and high schools participated in the Day of Silence in 2006;
		Whereas the 2005 Gay, Lesbian, and Straight Education
			 Network National School Climate Survey illustrates the pervasive harassment and
			 victimization of lesbian, gay, bisexual, and transgender students;
		Whereas more than 80 percent of lesbian, gay, bisexual,
			 and transgender students have been verbally harassed at school by their peers
			 because of their sexual orientation or gender expression;
		Whereas nearly 40 percent of lesbian, gay, bisexual, and
			 transgender students were physically harassed by their peers because of their
			 sexual orientation or gender expression;
		Whereas nearly 20 percent of lesbian, gay, bisexual, and
			 transgender students were physically assaulted by their peers at school because
			 of their sexual orientation or gender expression;
		Whereas almost 41 percent of lesbian, gay, bisexual and
			 transgender students reported that faculty and staff never intervene when
			 homophobic language is used in their presence;
		Whereas almost 29 percent of lesbian, gay, bisexual, and
			 transgender students reported missing at least one entire school day in the
			 last month because they felt unsafe;
		Whereas lesbian, gay, bisexual, and transgender youth who
			 experienced high levels of verbal harassment because of their sexual
			 orientation are more likely to report that they did not plan to attend college
			 than youth who never or rarely experienced such harassment;
		Whereas unchecked harassment and discrimination based on
			 sexual orientation and gender expression has a negative impact on student
			 academic performance such that grade point averages are a half grade lower than
			 for other students;
		Whereas 39 States do not have laws protecting lesbian,
			 gay, bisexual and transgender students from discrimination or harassment that
			 occurs at school because of sexual orientation or gender identity and
			 expression; and
		Whereas every child should be guaranteed an education free
			 from discrimination and harassment regardless of their sexual orientation,
			 gender identity and expression; Now, therefore, be it;

		That the Congress—
			(1)supports the goals
			 and ideals of the Day of Silence;
			(2)requests that the
			 President issue a proclamation calling on the people of the United States to
			 observe the Day of Silence with appropriate ceremonies, programs, and
			 activities; and
			(3)encourages each
			 city and State to adopt laws to prohibit discrimination and harassment against
			 students, teachers, and other school staff regardless of their sexual
			 orientation and gender identity and expression so that our schools are
			 institutions where all individuals are able to focus on learning.


116 HR 222 IH: Death Tax Repeal Act of 2019
U.S. House of Representatives
2019-01-03
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.

I116th CONGRESS1st SessionH. R. 222IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2019Mr. Thornberry (for himself and Mr. Newhouse) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo repeal the Federal estate and gift taxes.
1.Short titleThis Act may be cited as the Death Tax Repeal Act of 2019. 2.Repeal of estate and gift taxes (a)In generalSubtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes) is hereby repealed.
(b)Effective dateThe repeal made by subsection (a) shall apply to estates of decedents dying, gifts made, and generation-skipping transfers made after the date of the enactment of this Act.