		I
		111th CONGRESS
		2d Session
		H. R. 6320
		IN THE HOUSE OF REPRESENTATIVES

			September 29, 2010
			Mr. Courtney
			 introduced the following bill; which was referred to the
			 Committee on Foreign
			 Affairs, and in addition to the Committee on the
			 Budget, for a period to
			 be subsequently determined by the Speaker, in each case for consideration of
			 such provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To improve the support, training, education, and
		  compliance assistance regarding export licensing requirements provided to small
		  businesses and medium-sized businesses.

		1.Short titleThis Act may be cited as the
			 Small Business Export Support Act of
			 2010.
		2.Export licensing
			 compliance assistance by Commercial Service district officesSection 2301 of the Export Enhancement Act
			 of 1988 (15 U.S.C. 4721) is amended—
			(1)in subsection
			 (b)—
				(A)in paragraph (8),
			 by striking ; and and inserting a semicolon;
				(B)in paragraph (9),
			 by striking the period and inserting ; and; and
				(C)by adding at the
			 end the following new paragraph:

						(10)providing small businesses and medium-sized
				businesses with support, training, education, and compliance assistance
				regarding export licensing
				requirements.
						;
				and
				(2)in subsection
			 (c)(3)—
				(A)by inserting
			 (A) before The Secretary shall; and
				(B)by adding at the
			 end the following new subparagraphs:

						(B)The Secretary shall assign export licensing
				compliance specialists to at least 20 district offices (or, at any time when
				there are 20 or fewer such offices, to all such offices). Such export licensing
				compliance specialists shall provide small businesses and medium-sized
				businesses with support, training, education, and compliance assistance
				regarding export licensing requirements.
						(C)In determining whether to assign an
				export licensing compliance specialist to a district office under subparagraph
				(B), the Secretary shall take into account the need for such assistance of the
				small businesses and medium-sized businesses in the region served by the
				office. In assessing such need, the Secretary shall consider such indicators of
				the small business and medium-sized business industrial base in the region as
				the Secretary considers appropriate, including the number of small businesses
				and medium-sized businesses in the region that have been issued export
				licenses.
						.
				3.Annual reviews of
			 Commercial Service district office staffing
			(a)In
			 generalNot later than 60
			 days after the end of each fiscal year that ends after the date of the
			 enactment of this Act, the Secretary of Commerce shall complete a review, with
			 respect to such fiscal year, of the level of staffing at each district office
			 of the United States and Foreign Commercial Service established under section
			 2301(c)(3)(A) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(c)(3)(A))
			 to determine, for the fiscal year that begins after the date of the completion
			 of the review, the level of staffing at each office that will enable such
			 office to effectively serve small businesses and medium-sized
			 businesses.
			(b)Elements of
			 reviewA review under
			 subsection (a) shall include with respect to each district office—
				(1)a determination of
			 the number of staff employed in the office during the fiscal year in which the
			 review is completed and during each of the preceding 9 fiscal years;
				(2)a determination of the need of small
			 businesses and medium-sized businesses in the region served by the office for
			 the services and assistance described in section 2301(b) of the Export
			 Enhancement Act of 1988 (15 U.S.C. 4721(b)), as indicated by factors
			 including—
					(A)the volume of
			 requests made by small businesses and medium-sized businesses to the office for
			 such services and assistance;
					(B)the number of small businesses and
			 medium-sized businesses in the region that have been issued export licenses;
			 and
					(C)such other indicators of the small business
			 and medium-sized business industrial base in the region as the Secretary
			 considers appropriate;
					(3)an assessment of
			 the overall performance of the office in providing such services and assistance
			 to small businesses and medium-sized businesses;
				(4)an assessment of
			 whether any changes should be made in the number of staff employed in the
			 office for the fiscal year that begins after the date of the completion of the
			 review, including whether, based on the determination under paragraph (2), an
			 export licensing compliance specialist should be assigned (or continue to be
			 assigned) to the office under section 2301(c)(3)(B) of such Act (15 U.S.C.
			 4721(c)(3)(B));
				(5)an assessment of
			 whether any changes in funding for the office for such fiscal year will be
			 necessary to implement any changes identified under paragraph (4); and
				(6)such other elements as the Secretary
			 considers appropriate.
				(c)Inclusion in
			 President’s budget submission to Congress
				(1)Submission by
			 Secretary to PresidentFor
			 each fiscal year with respect to which a review is completed under subsection
			 (a), the Secretary shall prepare a report on the review and shall include the
			 report in the submission to the President of materials relating to the budget
			 of the Department of Commerce for the fiscal year that begins after the date of
			 the completion of the review. The Secretary shall include in the report a
			 statement that—
					(A)assesses the
			 consistency of any budgetary requests made by the Secretary in the submission
			 with the conclusions in the review regarding appropriate levels of staffing and
			 funding; and
					(B)justifies any
			 inconsistencies between the requests and the conclusions.
					(2)Submission by
			 President to CongressThe
			 President shall include the report submitted under paragraph (1) in the budget
			 of the United States Government submitted to Congress under section 1105(a) of
			 title 31, United States Code, for the fiscal year that begins after the date of
			 the submission of the report to the President by the Secretary. The President
			 shall attach to the report an addendum that—
					(A)assesses the
			 consistency of the budget with the conclusions in the review regarding
			 appropriate levels of staffing and funding; and
					(B)justifies any
			 inconsistencies between the budget and the conclusions.
					4.Designation of
			 export licensing coordinators
			(a)In
			 generalEach official
			 described in subsection (c) shall designate an export licensing coordinator for
			 the department or agency of the official. The export licensing coordinator for
			 a department or agency shall be an individual who exercises significant
			 decisionmaking authority in the department or agency.
			(b)DutiesThe export licensing coordinator designated
			 for a department or agency under subsection (a) shall devise, encourage, and
			 coordinate activities by the department or agency that provide small businesses
			 and medium-sized businesses with support, training, education, and compliance
			 assistance regarding export licensing requirements.
			(c)Officials
			 describedThe officials described in this subsection are the
			 following:
				(1)The Secretary of
			 Commerce.
				(2)The Secretary of Defense.
				(3)The Secretary of State.
				(4)The Secretary of the Treasury.
				(5)The Administrator
			 of the Small Business Administration.
				5.Interagency Task
			 Force on Export Control Assistance and Relief for Small and Medium-Sized
			 Businesses
			(a)EstablishmentThere is established in the Department of
			 Commerce an Interagency Task Force on Export Control Assistance and Relief for
			 Small and Medium-Sized Businesses (in this section referred to as the
			 Task Force).
			(b)Duties of Task
			 Force
				(1)In
			 generalNot later than 180 days after the date of the enactment
			 of this Act and annually thereafter, the Task Force shall submit to Congress a
			 report containing—
					(A)recommendations for improving the support,
			 training, education, and compliance assistance regarding export licensing
			 requirements provided to small businesses and medium-sized businesses by the
			 Federal Government, including recommendations regarding any increases in the
			 amount or changes in the allocation of resources for such support, training,
			 education, and compliance assistance;
					(B)recommendations for changes to such
			 requirements to improve opportunities for small businesses and medium-sized
			 businesses to export goods and services from the United States; and
					(C)such other
			 recommendations as the Task Force considers appropriate.
					(2)Input from
			 businessesThe Task Force shall consult with small businesses and
			 medium-sized businesses in preparing the report required by paragraph
			 (1).
				(c)Membership
				(1)In
			 generalThe Task Force shall be composed of the officials
			 described in section 4(c).
				(2)CompensationA member of the Task Force may not receive
			 pay, allowances, or benefits by reason of service on the Task Force in addition
			 to pay, allowances, or benefits by reason of service as an officer of the
			 United States in the capacity listed in section 4(c) in which the member
			 serves.
				(3)ChairpersonThe
			 Chairperson of the Task Force shall be elected by the members.
				(4)QuorumThree members of the Task Force shall
			 constitute a quorum, but a lesser number may hold hearings.
				(d)Administrative
			 and support servicesUpon the
			 request of the Chairperson, the Secretary of Commerce shall provide to the Task
			 Force, without reimbursement, such administrative and support services,
			 including details of personnel, as may be necessary to enable the Task Force to
			 carry out its duties under this section.
			6.Definitions
			(a)Small business
			 definedIn this Act, the term
			 small business means a small business concern, as defined under
			 section 3 of the Small Business Act (15 U.S.C. 632).
			(b)Additional
			 definition for sections 4 and 5In sections 4 and 5, the term
			 export licensing requirements includes export licensing
			 requirements under section 38 of the Arms Export Control Act (22 U.S.C.
			 2778).


114 S1659 IS: Voting Rights Advancement Act of 2015
U.S. Senate
2015-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 1659IN THE SENATE OF THE UNITED STATESJune 24, 2015Mr. Leahy (for himself, Mr. Durbin, Mr. Coons, Mr. Reid, Mrs. Feinstein, Mr. Schumer, Mr. Whitehouse, Ms. Klobuchar, Mr. Franken, Mr. Blumenthal, Mrs. Murray, Ms. Stabenow, Mr. Brown, Mr. Casey, Mrs. Shaheen, Mr. Warner, Mr. Merkley, Ms. Baldwin, Mr. Kaine, Ms. Warren, Mr. Booker, Mr. Sanders, Mrs. Gillibrand, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend the Voting Rights Act of 1965 to revise the criteria for determining which States and
			 political subdivisions are subject to section 4 of the Act, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Voting Rights Advancement Act of 2015. 2.Voting on indian landsSection 2 of the Voting Rights Act of 1965 (42 U.S.C. 1973) is amended by adding at the end the following:

				(c)Voting on Indian lands
					(1)Tribal requests for polling places; polling place provided
 (A)In GeneralA representative official of an Indian tribe, with authorization from the governing body of the tribe, may request one or more polling places to be located on the Indian lands of the Indian tribe. Such request shall be delivered in writing to the State or political subdivision with responsibility for assigning polling places at least 6 months prior to the next election for which the request is made, and shall specify the location of each requested polling place.
 (B)Polling places providedEach requested polling place shall be provided by the State or political subdivision in response to a request made under paragraph (1), at no expense to the Indian tribe, if the voting-age population within the geographic area of the Indian lands relevant to the requested polling place is at least equal to the smallest voting-age population served by any other polling place in the State. Each polling place that is provided under this subparagraph shall continue to be provided after the election for which the request was made, until such time as the Indian tribe that requested that polling place delivers a written request to the State or political subdivision asking that such polling place be withdrawn.
 (C)Rule of constructionNothing in this paragraph shall be construed to prevent a State or political subdivision from providing additional polling places on Indian lands if no request was made under subparagraph (A), or if such request was made less than 6 months prior to the next election for which the request was made.
						(2)Requirement to provide equitable polling locations
 (A)In GeneralA State or political subdivision shall provide the same ratio of poll workers and voting devices, the same rate of pay to poll workers, and the same days and hours of operation, for polling places that are located on Indian lands as are provided in other locations of polling places in the State or political subdivision.
 (B)Eligibility to vote at a polling locationA polling place located on Indian lands shall be open to voting by all persons who are otherwise eligible to vote residing within the precinct, voting unit, or electoral district.
 (C)Federal facilitiesPolling places located on Indian lands may be designated at—
 (i)a Federal facility, such as Indian Health Service or Bureau of Indian Affairs service buildings;
 (ii)any tribal government facility that meets the requirements of Federal and State law applied to other polling locations within the State;
 (iii)a tribally owned building; or (iv)another facility that meets the requirements for polling places in the State.
							(3)Absentee ballots and early voting
 (A)In GeneralA representative official of an Indian tribe, with authorization from the governing body of the Indian tribe, may deliver a request to the appropriate State or political subdivision that a location on Indian lands be designated as an absentee ballot location or an early voting location, and such State or political subdivision shall grant the request, at no expense to the Indian tribe, if—
 (i)the requested location on Indian lands is in a State that permits voting by an absentee or mail-in ballot or early voting (also called absentee in-person voting), as the case may be; and
 (ii)the voting-age population within the geographic area of Indian lands relevant to the requested absentee ballot location or early voting location is at least equal to the smallest voting-age population served by any other absentee ballot location or early voting location in the State.
 (B)Indian lands as absentee ballot locationIf a location on Indian lands is designated as an absentee ballot location or an early voting location, absentee ballots, or early ballots, as the case may be, shall be provided, at no expense to the Indian tribe, to each registered voter living in such designated location without the requirement of an excuse for an absentee ballot or early voting. Bilingual election materials and oral language assistance shall be provided if required by section 203.
 (4)Tribal requests for voter registration agenciesA representative official of an Indian tribe, with authorization from the governing body of the tribe, may request that tribal government service offices be designated as voter registration agencies under section 7 of the National Voter Registration Act of 1993 (52 U.S.C. 20506). Such a request shall be delivered in writing to the State or political subdivision with responsibility for assigning polling locations at least 6 months prior to the next election for which the request is made. Such a request shall be granted if the tribal government service office meets the requirements of Federal and State law applied to other designated voter registration agencies within the State.
					.
		3.Violations triggering authority of court to retain jurisdiction
 (a)Types of ViolationsSection 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 10302(c)) is amended by striking violations of the fourteenth or fifteenth amendment and inserting violations of the 14th or 15th Amendment, violations of this Act, or violations of any Federal law that prohibits discrimination in voting on the basis of race, color, or membership in a language minority group,.
 (b)Conforming AmendmentSection 3(a) of such Act (52 U.S.C. 10302(a)) is amended by striking violations of the fourteenth or fifteenth amendment and inserting violations of the 14th or 15th Amendment, violations of this Act, or violations of any Federal law that prohibits discrimination in voting on the basis of race, color, or membership in a language minority group,.
			4.Criteria for coverage of States and political subdivisions
			(a)Determination of States and Political Subdivisions Subject to Section 4(a)
 (1)In generalSection 4(b) of the Voting Rights Act of 1965 (52 U.S.C. 10303(b)) is amended to read as follows:  (b)Determination of States and Political Subdivisions Subject to Requirements (1)Existence of voting rights violations during previous 25 years (A)Statewide applicationSubsection (a) applies with respect to a State and all political subdivisions within the State during a calendar year if—
 (i)15 or more voting rights violations occurred in the State during the previous 25 calendar years; or
 (ii)10 or more voting rights violations occurred in the State during the previous 25 calendar years, at least one of which was committed by the State itself (as opposed to a political subdivision within the State).
 (B)Application to specific political subdivisionsSubsection (a) applies with respect to a political subdivision as a separate unit during a calendar year if 3 or more voting rights violations occurred in the subdivision during the previous 25 calendar years.
								(2)Period of application
 (A)In generalExcept as provided in subparagraph (B), if, pursuant to paragraph (1), subsection (a) applies with respect to a State or political subdivision during a calendar year, subsection (a) shall apply with respect to such State or political subdivision for the period—
 (i)that begins on January 1 of the year in which subsection (a) applies; and (ii)that ends on the date which is 10 years after the date described in clause (i).
									(B)No further application after declaratory judgment
 (i)StatesIf a State obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such State pursuant to paragraph (1)(A) unless, after the issuance of the declaratory judgment, paragraph (1)(A) applies to the State solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment.
 (ii)Political subdivisionsIf a political subdivision obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such political subdivision pursuant to paragraph (1), including pursuant to paragraph (1)(A) (relating to the statewide application of subsection (a)), unless, after the issuance of the declaratory judgment, paragraph (1)(B) applies to the political subdivision solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment.
 (3)Determination of voting rights violationFor purposes of paragraph (1), a voting rights violation occurred in a State or political subdivision if any of the following applies:
 (A)Final judgment; violation of the 14th or 15th AmendmentIn a final judgment (which has not been reversed on appeal), any court of the United States has determined that a denial or abridgement of the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group, in violation of the 14th or 15th Amendment, occurred anywhere within the State or subdivision.
 (B)Final judgment; violations of this ActIn a final judgment (which has not been reversed on appeal), any court of the United States has determined that a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting was imposed or applied or would have been imposed or applied anywhere within the State or subdivision in a manner that resulted or would have resulted in a denial or abridgement of the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group, in violation of subsection (e) or (f), or section 2 or 203 of this Act.
 (C)Final judgment; Denial of declaratory judgmentIn a final judgment (which has not been reversed on appeal), any court of the United States has denied the request of the State or subdivision for a declaratory judgment under section 3(c) or section 5, and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision.
 (D)Objection by the Attorney GeneralThe Attorney General has interposed an objection under section 3(c) or section 5 (and the objection has not been overturned by a final judgment of a court or withdrawn by the Attorney General), and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision.
 (E)Consent decree, settlement, or other agreementA consent decree, settlement, or other agreement was entered into, which resulted in the alteration or abandonment of a voting practice anywhere in the territory of such State that was challenged on the ground that the practice denied or abridged the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group in violation of subsection (e) or (f), or section 2 or 203 of this Act, or the 14th or 15th Amendment.
								(4)Timing of determinations
 (A)Determinations of voting rights violationsAs early as practicable during each calendar year, the Attorney General shall make the determinations required by this subsection, including updating the list of voting rights violations occurring in each State and political subdivision for the previous calendar year.
 (B)Effective upon publication in Federal RegisterA determination or certification of the Attorney General under this section or under section 8 or 13 shall be effective upon publication in the Federal Register.
								.
 (2)Conforming amendmentsSection 4(a) of such Act (52 U.S.C. 10303(a)) is amended— (A)in paragraph (1), in the first sentence of the matter preceding subparagraph (A), by striking any State with respect to which and all that follows through unless and inserting any State to which this subsection applies during a calendar year pursuant to determinations made under subsection (b), or in any political subdivision of such State (as such subdivision existed on the date such determinations were made with respect to such State), though such determinations were not made with respect to such subdivision as a separate unit, or in any political subdivision with respect to which this subsection applies during a calendar year pursuant to determinations made with respect to such subdivision as a separate unit under subsection (b), unless;
 (B)in paragraph (1) in the matter preceding subparagraph (A), by striking the second sentence; (C)in paragraph (1)(A), by striking (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection);
 (D)in paragraph (1)(B), by striking (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection);
 (E)in paragraph (3), by striking (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection);
 (F)in paragraph (5), by striking (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection);
 (G)by striking paragraphs (7) and (8); and (H)by redesignating paragraph (9) as paragraph (7).
 (b)Clarification of Treatment of Members of Language Minority GroupsSection 4(a)(1) of such Act (52 U.S.C. 10303(a)(1)) is amended by striking race or color, and inserting race, color, or in contravention of the guarantees of subsection (f)(2),. 5.Determination of States and Political Subdivisions Subject to Preclearance for Covered PracticesThe Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is further amended by inserting after section 4 the following:

				4A.Determination of States and Political Subdivisions Subject to Preclearance for Covered Practices
					(a)Practice-Based Preclearance
 (1)In GeneralEach State and each political subdivision shall— (A)identify any newly enacted or adopted law, regulation, or policy that includes a voting qualification or prerequisite to voting, or a standard, practice, or procedure with respect to voting, that is a covered practice described in subsection (b); and
 (B)ensure that no such covered practice is implemented unless or until the State or political subdivision, as the case may be, complies with subsection (c).
							(2)Determinations of characteristics of voting-age population
 (A)In GeneralAs early as practicable during each calendar year, the Attorney General, in consultation with the Director of the Bureau of the Census and the heads of other relevant offices of the government, shall make the determinations required by this section regarding voting-age populations and the characteristics of such populations, and shall publish a list of the States and political subdivisions to which a voting-age population characteristic described in subsection (b) applies.
 (B)Publication in the Federal RegisterA determination or certification of the Attorney General under this paragraph shall be effective upon publication in the Federal Register.
 (b)Covered practicesTo assure that the right of citizens of the United States to vote is not denied or abridged on account of race, color, or membership in a language minority group as a result of the implementation of certain qualifications or prerequisites to voting, or standards, practices, or procedures with respect to voting newly adopted in a State or political subdivision, the following shall be covered practices subject to the requirements described in subsection (a):
 (1)Changes to method of electionAny change to the method of election— (A)to add seats elected at-large in a State or political subdivision where—
 (i)2 or more racial groups or language minority groups each represent 20 percent or more of the political subdivision’s voting-age population; or
 (ii)a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision; or
 (B)to convert one or more seats elected from a single-member district to one or more at-large seats or seats from a multi-member district in a State or political subdivision where—
 (i)2 or more racial groups or language minority groups each represent 20 percent or more of the political subdivision’s voting-age population; or
 (ii)a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision.
 (2)Changes to jurisdiction boundariesAny change or series of changes within a year to the boundaries of a jurisdiction that reduces by 3 or more percentage points the proportion of the jurisdiction's voting-age population that is comprised of members of a single racial group or language minority group in a State or political subdivision where—
 (A)2 or more racial groups or language minority groups each represent 20 percent or more of the political subdivision’s voting-age population; or
 (B)a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision.
 (3)Changes through redistrictingAny change to the boundaries of election districts in a State or political subdivision where any racial group or language minority group experiences a population increase, over the preceding decade (as calculated by the Bureau of the Census under the most recent decennial census), of at least—
 (A)10,000; or (B)20 percent of voting-age population of the State or political subdivision, as the case may be.
 (4)Changes in documentation or qualifications to voteAny change to requirements for documentation or proof of identity to vote such that the requirements will exceed or be more stringent than the requirements for voting that are described in section 303(b) of the Help America Vote Act of 2002 (52 U.S.C. 21083(b)) or any change to the requirements for documentation or proof of identity to register to vote that will exceed or be more stringent than such requirements under State law on the day before the date of enactment of the Voting Rights Advancement Act of 2015.
 (5)Changes to multilingual voting materialsAny change that reduces multilingual voting materials or alters the manner in which such materials are provided or distributed, where no similar reduction or alteration occurs in materials provided in English for such election.
 (6)Changes that reduce, consolidate, or relocate voting locationsAny change that reduces, consolidates, or relocates voting locations, including early, absentee, and election-day voting locations—
 (A)in 1 or more census tracts wherein 2 or more language minority groups or racial groups each represent 20 percent or more of the voting-age population of the political subdivision; or
 (B)on Indian lands wherein at least 20 percent of the voting-age population belongs to a single language minority group.
							(c)Preclearance
 (1)In GeneralWhenever a State or political subdivision with respect to which the requirements set forth in subsection (a) are in effect shall enact, adopt, or seek to implement any covered practice described under subsection (b), such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such covered practice neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group, and unless and until the court enters such judgment such covered practice shall not be implemented. Notwithstanding the previous sentence, such covered practice may be implemented without such proceeding if the covered practice has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within 60 days after such submission, or upon good cause shown, to facilitate an expedited approval within 60 days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General's failure to object, nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin implementation of such covered practice. In the event the Attorney General affirmatively indicates that no objection will be made within the 60-day period following receipt of a submission, the Attorney General may reserve the right to reexamine the submission if additional information comes to the Attorney General's attention during the remainder of the 60-day period which would otherwise require objection in accordance with this section. Any action under this section shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court.
 (2)Denying or abridging the right to voteAny covered practice described in subsection (b) that has the purpose of or will have the effect of diminishing the ability of any citizens of the United States on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice denies or abridges the right to vote within the meaning of paragraph (1) of this subsection.
 (3)Purpose definedThe term purpose in paragraphs (1) and (2) of this subsection shall include any discriminatory purpose. (4)Purpose of paragraph (2)The purpose of paragraph (2) of this subsection is to protect the ability of such citizens to elect their preferred candidates of choice.
 (d)EnforcementThe Attorney General or any aggrieved citizen may file an action in a Federal district court to compel any State or political subdivision to satisfy the obligations set forth in this section. Such actions shall be heard and determined by a court of 3 judges under section 2284 of title 28, United States Code. In any such action, the court shall provide as a remedy that any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting, that is the subject of the action under this subsection be enjoined unless the court determines that—
 (1)the voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting, is not a covered practice described in subsection (b); or
 (2)the State or political subdivision has complied with subsection (c) with respect to the covered practice at issue.
 (e)Counting of racial groups and language minority groupsFor purposes of this section, the calculation of the population of a racial group or a language minority group shall be carried out using the methodology in the guidance promulgated in the Federal Register on February 9, 2011 (76 Fed. Reg. 7470).
 (f)Special ruleFor purposes of determinations under this section, any data provided by the Bureau of the Census, whether based on estimation from sample or actual enumeration, shall not be subject to challenge or review in any court.
 (g)Multilingual voting materialsIn this section, the term multilingual voting materials means registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, provided in the language or languages of one or more language minority groups.
					.
		6.Promoting transparency to enforce the Voting Rights Act
			(a)Transparency
 (1)In generalThe Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is amended by inserting after section 5 the following new section:

						6.Transparency regarding changes to protect voting rights
							(a)Notice of enacted changes
 (1)Notice of ChangesIf a State or political subdivision makes any change in any prerequisite to voting or standard, practice, or procedure with respect to voting in any election for Federal office that will result in the prerequisite, standard, practice, or procedure being different from that which was in effect as of 180 days before the date of the election for Federal office, the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the Internet, of a concise description of the change, including the difference between the changed prerequisite, standard, practice, or procedure and the prerequisite, standard, practice, or procedure which was previously in effect. The public notice described in this paragraph, in such State or political subdivision and on the Internet, shall be in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.
 (2)Deadline for noticeA State or political subdivision shall provide the public notice required under paragraph (1) not later than 48 hours after making the change involved.
								(b)Transparency Regarding Polling Place Resources
 (1)In generalIn order to identify any changes that may impact the right to vote of any person, prior to the 30th day before the date of an election for Federal office, each State or political subdivision with responsibility for allocating registered voters, voting machines, and official poll workers to particular precincts and polling places shall provide reasonable public notice in such State or political subdivision and on the Internet, of the information described in paragraph (2) for precincts and polling places within such State or political subdivision. The public notice described in this paragraph, in such State or political subdivision and on the Internet, shall be in a format that is reasonably convenient and accessible to voters with disabilities including voters who have low vision or are blind.
 (2)Information describedThe information described in this paragraph with respect to a precinct or polling place is each of the following:
 (A)The name or number. (B)In the case of a polling place, the location, including the street address, and whether such polling place is accessible to persons with disabilities.
 (C)The voting-age population of the area served by the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision.
 (D)The number of registered voters assigned to the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision.
 (E)The number of voting machines assigned, including the number of voting machines accessible to voters with disabilities, including voters who have low vision or are blind.
 (F)The number of official paid poll workers assigned. (G)The number of official volunteer poll workers assigned.
 (H)In the case of a polling place, the dates and hours of operation. (3)Updates in information reportedIf a State or political subdivision makes any change in any of the information described in paragraph (2), the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the Internet, of the change in the information not later than 48 hours after the change occurs or, if the change occurs fewer than 48 hours before the date of the election for Federal office, as soon as practicable after the change occurs. The public notice described in this paragraph in such State or political subdivision and on the Internet shall be in a format that is reasonably convenient and accessible to voters with disabilities including voters who have low vision or are blind.
								(c)Transparency of Changes Relating to Demographics and Electoral Districts
 (1)Requiring public notice of changesNot later than 10 days after making any change in the constituency that will participate in an election for Federal, State, or local office or the boundaries of a voting unit or electoral district in an election for Federal, State, or local office (including through redistricting, reapportionment, changing from at-large elections to district-based elections, or changing from district-based elections to at-large elections), a State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the Internet, of the demographic and electoral data described in paragraph (3) for each of the geographic areas described in paragraph (2).
 (2)Geographic areas describedThe geographic areas described in this paragraph are as follows: (A)The State as a whole, if the change applies statewide, or the political subdivision as a whole, if the change applies across the entire political subdivision.
 (B)If the change includes a plan to replace or eliminate voting units or electoral districts, each voting unit or electoral district that will be replaced or eliminated.
 (C)If the change includes a plan to establish new voting units or electoral districts, each such new voting unit or electoral district.
 (3)Demographic and electoral dataThe demographic and electoral data described in this paragraph with respect to a geographic area described in paragraph (2) are each of the following:
 (A)The voting-age population, broken down by demographic group. (B)If it is reasonably available to the State or political subdivision involved, an estimate of the population of the area which consists of citizens of the United States who are 18 years of age or older, broken down by demographic group.
 (C)The number of registered voters, broken down by demographic group if such breakdown is reasonably available to the State or political subdivision involved.
 (D)(i)If the change applies to a State, the actual number of votes, or (if it is not reasonably practicable for the State to ascertain the actual number of votes) the estimated number of votes received by each candidate in each statewide election held during the 5-year period which ends on the date the change involved is made; and
 (ii)if the change applies to only one political subdivision, the actual number of votes, or (if it is not reasonably practicable for the political subdivision to ascertain the actual number of votes) in each subdivision-wide election held during the 5-year period which ends on the date the change involved is made.
 (4)Voluntary Compliance by Smaller JurisdictionsCompliance with this subsection shall be voluntary for a political subdivision of a State unless the subdivision is one of the following:
 (A)A county or parish. (B)A municipality with a population greater than 10,000, as determined by the Bureau of the Census under the most recent decennial census.
 (C)A school district with a population greater than 10,000, as determined by the Bureau of the Census under the most recent decennial census. For purposes of this subparagraph, the term school district means the geographic area under the jurisdiction of a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)).
 (d)Rules Regarding Format of InformationThe Attorney General may issue rules specifying a reasonably convenient and accessible format that States and political subdivisions shall use to provide public notice of information under this section.
 (e)No denial of right To voteThe right to vote of any person shall not be denied or abridged because the person failed to comply with any change made by a State or political subdivision if the State or political subdivision involved did not meet the applicable requirements of this section with respect to the change.
 (f)DefinitionsIn this section— (1)the term demographic group means each group which section 2 protects from the denial or abridgement of the right to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2);
 (2)the term election for Federal office means any general, special, primary, or runoff election held solely or in part for the purpose of electing any candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress; and
 (3)the term persons with disabilities, means individuals with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)..
 (2)Conforming amendmentSection 3(a) of such Act (52 U.S.C. 10302(a)) is amended by striking in accordance with section 6. (b)Effective DateThe amendment made by subsection (a)(1) shall apply with respect to changes which are made on or after the expiration of the 60-day period which begins on the date of the enactment of this Act.
			7.Authority to assign observers
 (a)Clarification of Authority in Political Subdivisions Subject to PreclearanceSection 8(a)(2)(B) of the Voting Rights Act of 1965 (52 U.S.C. 10305(a)(2)(B)) is amended to read as follows:

 (B)in the Attorney General's judgment, the assignment of observers is otherwise necessary to enforce the guarantees of the 14th or 15th Amendment or any provision of this Act or any other Federal law protecting the right of citizens of the United States to vote;.
 (b)Assignment of Observers To Enforce Bilingual Election RequirementsSection 8(a) of such Act (52 U.S.C. 10305(a)) is amended— (1)by striking or at the end of paragraph (1); and
 (2)by adding after paragraph (2) the following:  (3)the Attorney General certifies with respect to a political subdivision that—
 (A)the Attorney General has received written meritorious complaints from residents, elected officials, or civic participation organizations that efforts to violate section 203 are likely to occur; or
 (B)in the Attorney General’s judgment, the assignment of observers is necessary to enforce the guarantees of section 203; or
 (4)the Attorney General certifies that the Attorney General has received from the appropriate official of the governing body of a federally recognized Indian tribe—
 (A)a written complaint that efforts to deny or abridge the right to vote under the color of law on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2) are likely to occur; and
 (B)a written request for the authorization of Federal observers for elections that occur on Indian lands;.
				8.Preliminary Injunctive relief
 (a)Clarification of Scope and Persons Authorized To Seek ReliefSection 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 10308(d)) is amended— (1)by striking section 2, 3, 4, 5, 7, 10, 11, or subsection (b) of this section and inserting the 14th or 15th Amendment, this Act, or any Federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group; and
 (2)by striking the Attorney General may institute for the United States, or in the name of the United States, and inserting the aggrieved person or (in the name of the United States) the Attorney General may institute. (b)Grounds for Granting ReliefSection 12(d) of such Act (52 U.S.C. 10308(d)) is amended—
 (1)by striking (d) Whenever any person and inserting (d)(1) Whenever any person; (2)by striking (1) to permit and inserting (A) to permit;
 (3)by striking (2) to count and inserting (B) to count; and (4)by adding at the end the following new paragraph:

 (2)(A)In any action for preliminary relief described in this subsection, the court shall grant the relief if the court determines that the complainant has raised a serious question whether the challenged voting qualification or prerequisite to voting or standard, practice, or procedure violates this Act or the Constitution and, on balance, the hardship imposed upon the defendant by the grant of the relief will be less than the hardship which would be imposed upon the plaintiff if the relief were not granted. In balancing the harms, the court shall give due weight to the fundamental right to cast an effective ballot.
 (B)In making its determination under this paragraph with respect to a change in any voting qualification, prerequisite to voting, or standard, practice, or procedure with respect to voting, the court shall consider all relevant factors and give due weight to the following factors, if they are present:
 (i)Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change was adopted as a remedy for a Federal court judgment, consent decree, or admission regarding—
 (I)discrimination on the basis of race or color in violation of the 14th or 15th Amendment; (II)a violation of this Act; or
 (III)voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law.
 (ii)Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change served as a ground for the dismissal or settlement of a claim alleging—
 (I)discrimination on the basis of race or color in violation of the 14th or 15th Amendment; (II)a violation of this Act; or
 (III)voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law.
 (iii)Whether the change was adopted fewer than 180 days before the date of the election with respect to which the change is to take effect.
 (iv)Whether the defendant has failed to provide timely or complete notice of the adoption of the change as required by applicable Federal or State law..
 9.DefinitionsTitle I of the Voting Rights Act of 1965 (52 U.S.C. 10301) is amended by adding at the end the following:

 21.DefinitionsIn this Act: (1)Indian landsThe term Indian lands means—
 (A)any Indian country of the Indian tribe, as defined in section 1151 of title 18, United States Code; (B)any land in Alaska that is owned, pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), by an Indian tribe that is a Native village (as defined in section 3 of that Act (43 U.S.C. 1602)) or by a Village Corporation that is associated with the Indian tribe (as defined in section 3 of that Act (43 U.S.C. 1602));
 (C)any land on which the seat of government of the Indian tribe is located; and (D)any land that is part or all of a tribal designated statistical area associated with the Indian tribe, or is part or all of an Alaska Native village statistical area associated with the tribe, as defined by the Bureau of the Census for the purposes of the most recent decennial census.
 (2)Indian tribeThe term Indian tribe or tribe means any American Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as a federally recognized Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a et seq.).
 (3)Voting-age populationThe term voting-age population means the numerical size of the population within a State, within a political subdivision, or within a political subdivision that contains Indian lands, as the case may be, that consists of persons age 18 or older, as calculated by the Bureau of the Census under the most recent decennial census..
 10.Bilingual election requirementsSection 203(c) of the Voting Rights Act of 1965 (52 U.S.C. 10503(c)) is amended by striking ‘‘or in the case of Alaskan natives and American Indians, if the predominant language is historically unwritten’’ and inserting ‘‘(as of the date on which the materials or information is provided)’’.
		11.Other technical and conforming amendments
 (a)Actions Covered Under Section 3Section 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 10302(c)) is amended— (1)by striking any proceeding instituted by the Attorney General or an aggrieved person under any statute to enforce and inserting any action under any statute in which a party (including the Attorney General) seeks to enforce; and
 (2)by striking at the time the proceeding was commenced and inserting at the time the action was commenced. (b)Clarification of Treatment of Members of Language Minority GroupsSection 4(f) of such Act (52 U.S.C. 10303(f)) is amended—
 (1)in paragraph (1), by striking the second sentence; and (2)by striking paragraphs (3) and (4).
 (c)Period During Which Changes in Voting Practices are Subject to Preclearance Under Section 5Section 5 of such Act (52 U.S.C. 10304) is amended— (1)in subsection (a), by striking based upon determinations made under the first sentence of section 4(b) are in effect and inserting are in effect during a calendar year;
 (2)in subsection (a), by striking November 1, 1964 and all that follows through November 1, 1972 and inserting the applicable date of coverage; and (3)by adding at the end the following new subsection:

 (e)The term applicable date of coverage means, with respect to a State or political subdivision— (1)June 25, 2013, if the most recent determination for such State or subdivision under section 4(b) was made on or before December 31, 2015; or
 (2)the date on which the most recent determination for such State or subdivision under section 4(b) was made, if such determination was made after December 31, 2015..
 12.Tribal voting consultationThe Attorney General shall consult annually with tribal organizations regarding issues related to voting for members of an Indian tribe (as defined under section 21 of the Voting Rights Act of 1965, as added by section 9 of this Act).


		I
		112th CONGRESS
		1st Session
		H. R. 53
		IN THE HOUSE OF REPRESENTATIVES

			January 5, 2011
			Mr. Connolly of
			 Virginia (for himself and Mr.
			 Tonko) introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to deny a
		  deduction for removal costs and damages for which taxpayers are liable under
		  the Oil Pollution Act of 1990.

		1.Denial of deduction for
			 removal costs and damages for oil spills
			(a)In
			 generalPart IX of subchapter
			 B of chapter 1 of the Internal Revenue Code of 1986 (relating to items not
			 deductible) is amended by adding at the end the following new section:

					280I.Expenses for
				removal costs and damages relating to oil spill liabilityNo deduction shall be allowed under this
				chapter for any amount paid or incurred with respect to any costs or damages
				for which the taxpayer is liable under section 1002 of the Oil Pollution Act of
				1990 (33 U.S.C.
				2702).
					.
			(b)Clerical
			 amendmentThe table of
			 sections for part IX of subchapter B of chapter 1 of such Code is amended by
			 adding at the end the following new item:

						Sec. 280I. Expenses for removal costs and damages relating to
				oil spill
				liability.

					.
			(c)Effective
			 dateThe amendments made by this section shall apply with respect
			 to any liability arising after December 31, 2009.


116 HR 1644 PCS: Save the Internet Act of 2019
U.S. House of Representatives

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

		II
		Calendar No. 74116th CONGRESS
		1st Session
		H. R. 1644
		IN THE SENATE OF THE UNITED STATES
		April 11, 2019Received; read the first timeApril 29, 2019Read the second time and placed on the calendarAN ACT
		To restore the open internet order of the Federal Communications Commission.

 1.Short titleThis Act may be cited as the Save the Internet Act of 2019. 2.Restoration of open internet order (a)Repeal of rule (1)In generalThe Declaratory Ruling, Report and Order, and Order in the matter of restoring internet freedom that was adopted by the Commission on December 14, 2017 (FCC 17–166), shall have no force or effect.
 (2)Prohibition on reissued rule or new ruleThe Declaratory Ruling, Report and Order, and Order described in paragraph (1) may not be reissued in substantially the same form, and a new rule that is substantially the same as such Declaratory Ruling, Report and Order, and Order may not be issued, unless the reissued or new rule is specifically authorized by a law enacted after the date of the enactment of this Act.
 (b)Restoration of repealed and amended rulesThe following are restored as in effect on January 19, 2017: (1)The Report and Order on Remand, Declaratory Ruling, and Order in the matter of protecting and promoting the open internet that was adopted by the Commission on February 26, 2015 (FCC 15–24).
 (2)Part 8 of title 47, Code of Federal Regulations. (3)Any other rule of the Commission that was amended or repealed by the Declaratory Ruling, Report and Order, and Order described in subsection (a)(1).
 (c)DefinitionsIn this section: (1)CommissionThe term Commission means the Federal Communications Commission.
 (2)Restored as in effect on January 19, 2017The term restored as in effect on January 19, 2017 means, with respect to the Declaratory Ruling and Order described in subsection (b)(1), to permanently reinstate the rules and legal interpretations set forth in such Declaratory Ruling and Order (as in effect on January 19, 2017), including any decision (as in effect on such date) to apply or forbear from applying a provision of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or a regulation of the Commission.
 (3)RuleThe term rule has the meaning given such term in section 804 of title 5, United States Code. 3.Exception to enhancement to transparency requirements relating to performance characteristics and network practices for small businesses (a)In generalThe enhancements to the transparency rule relating to performance characteristics and network practices of the Commission under section 8.3 of title 47, Code of Federal Regulations, as described in paragraphs 165 through 184 of the Report and Order on Remand, Declaratory Ruling, and Order in the matter of protecting and promoting the open internet that was adopted by the Commission February 26, 2015 (FCC 15–24), shall not apply to any small business.
 (b)SunsetSubsection (a) shall not have any force or effect after the date that is 1 year after the date of the enactment of this Act.
 (c)Report by FCCNot later than 180 days after the date of the enactment of this Act, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains the recommendations of the Commission (and data supporting such recommendations) regarding—
 (1)whether the exception provided by subsection (a) should be made permanent; and (2)whether the definition of the term small business for purposes of such exception should be modified from the definition in subsection (d)(3).
 (d)DefinitionsIn this section: (1)Broadband internet access serviceThe term broadband Internet access service has the meaning given such term in section 8.2 of title 47, Code of Federal Regulations.
 (2)CommissionThe term Commission means the Federal Communications Commission. (3)Small businessThe term small business means any provider of broadband Internet access service that has not more than 100,000 subscribers aggregated over all the provider’s affiliates.
 4.GAO report on internet ecosystemNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report examining the effect of the rules described in section 2(b) on the virtuous cycle of the internet ecosystem and whether such rules protect the access of consumers to a free and open internet.
 5.ReportNot later than 3 days after the date of the enactment of this Act, the Federal Communications Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that lists the 27 provisions of title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) and the over 700 rules and regulations referred to in paragraphs 5 and 37 of the Report and Order on Remand, Declaratory Ruling, and Order described in section 2(b)(1).
		6.GAO report on importance of open internet rules to vulnerable communities
 (a)In generalNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report examining the importance of the open internet rules to vulnerable communities.
 (b)DefinitionsIn this section: (1)Open internet rulesThe term open internet rules means the rules described in section 2(b).
 (2)Vulnerable communitiesThe term vulnerable communities means— (A)ethnic and racial minorities;
 (B)socioeconomically disadvantaged groups; (C)rural populations;
 (D)individuals with disabilities; and (E)the elderly.
 7.Report by FCC on enforcement actionsNot later than 1 year after the date of the enactment of this Act, the Federal Communications Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes all enforcement actions taken by the Commission under the rules described in section 2(b) since such date of enactment, including the amount of each fine imposed or settlement agreed to, the actions taken by the Commission to collect such fines and settlements, and the amounts of such fines and settlements collected.
 8.GAO report on broadband Internet access service competitionNot later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that—
 (1)examines the efforts by the Federal Communications Commission to assess competition for providers of broadband Internet access service (as defined in section 8.2 of title 47, Code of Federal Regulations) in the market;
 (2)describes how the Commission can better assess competition; and (3)includes a description of the steps, if any, the Commission can take to better increase competition among providers of broadband Internet access service (as defined in section 8.2 of title 47, Code of Federal Regulations) in the market.
			9.Engagement and Outreach in Indian country regarding the importance of addressing the unique
			 broadband Internet access service challenges
 (a)Engagement with Tribal communities to address broadband Internet access service needsNot later than 3 months after the date of the enactment of this Act, the Federal Communications Commission shall engage with and obtain feedback from Tribal stakeholders and providers of broadband Internet access service (as defined in section 8.2 of title 47, Code of Federal Regulations) on the effectiveness of the Commission’s obligation to consult with Indian Tribes to determine whether the Commission needs to clarify the Commission’s Tribal engagement statement and ensure accessible and affordable broadband Internet access service (as defined in section 8.2 of title 47, Code of Federal Regulations) in the Tribal lands and areas through the engagement and outreach.
 (b)FindingsThe Congress finds the following: (1)According to an estimate from the U.S. Census Bureau, just 53% of Native Americans living on Tribal lands have access to high-speed internet service.
 (2)The Government Accountability Office has found that the Federal Communications Commission data has overstated broadband availability and access on Tribal lands in the United States.
 (3)A Federal court recently vacated a Federal Communications Commission order that limited Federal subsidies for wireless providers serving Tribal lands.
 (4)The United States Government, industry, and non-governmental organizations should do more to identify and address the unique broadband access challenges faced by individuals living on reservations and Tribal lands.
				10.Accuracy of data underlying broadband deployment reports
 (a)FindingsCongress finds the following: (1)The Commission has released reports on its inquiries under section 706(b) of the Telecommunications Act of 1996 (47 U.S.C. 1302(b)) that detail the state of the deployment of broadband service in the United States.
 (2)Congress and the Commission have relied upon the accuracy of such reports to develop broadband policy.
 (3)The findings of such reports have been particularly important to fostering rural broadband deployment and broadband deployment to schools and classrooms.
 (b)RequirementsThe Commission— (1)may not release a report on an inquiry under section 706(b) of the Telecommunications Act of 1996 (47 U.S.C. 1302(b)) based on broadband deployment data that the Commission knows to be inaccurate; and
 (2)shall use its best efforts to accurately detail broadband deployment in the United States and correct inaccuracies in statements made by the Commission prior to the release of a report about the report.
 (c)Commission definedIn this section, the term Commission means the Federal Communications Commission. 11.GAO report on high-speed infrastructure (a)ReportNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Federal Communications Commission a report that contains—
 (1)a list of ways the Federal Government can promote the deployment of broadband Internet access service, especially the buildout of such service to rural areas and areas without access to such service at high speeds; and
 (2)recommendations with respect to policies and regulations to ensure rural areas are provided affordable access to broadband Internet access service.
 (b)DefinitionsIn this section: (1)Broadband Internet access serviceThe term broadband Internet access service has the meaning given such term in section 8.2 of title 47, Code of Federal Regulations.
 (2)Rural areaThe term rural area means any area other than— (A)a city, town, or incorporated area that has a population of more than 20,000 inhabitants; or
 (B)an urbanized area contiguous and adjacent to a city or town that has a population of more than 50,000 inhabitants.
					12.GAO report on challenges to accurate mapping
 (a)ReportNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall—
 (1)determine the accuracy and granularity of the maps produced by the Federal Communications Commission that depict wireline and wireless broadband Internet access service deployment in the United States; and
 (2)submit to Congress a report that— (A)identifies—
 (i)any program of the Federal Communications Commission under a rule restored under section 2(b) that relies on such maps, including any funding program; and
 (ii)any action of the Federal Communications Commission taken under a rule restored under section 2(b) that relies on such maps, including any assessment of competition in an industry; and
 (B)provides recommendations for how the Federal Communications Commission can produce more accurate, reliable, and granular maps that depict wireline and wireless broadband Internet access service deployment in the United States.
 (b)Broadband Internet access service definedIn this section, the term broadband Internet access service has the meaning given such term in section 8.2 of title 47, Code of Federal Regulations. 13.GAO report on Benefits of Standalone Broadband (a)ReportNot later than 1 year after the date of enactment of this Act the Comptroller General of the United States shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that assesses the benefits to consumers of broadband internet access service being offered on a standalone basis (and not as part of a bundle with other services) by providers of broadband internet access. Such report shall include recommendations for legislation to increase the availability of standalone broadband internet access service to consumers, particularly those living in rural areas.
 (b)DefinitionAs used in subsection (a), the term provider of broadband internet access means a provider of broadband internet access, as such term is defined in section 8.2 of title 47, Code of Federal Regulations.
 14.Plan relating to Form 477 data collectionNot later than 30 days after the date of the enactment of this Act, the Federal Communications Commission shall submit to Congress a report containing a plan for how the Commission will evaluate and address problems with the collection on Form 477 of data regarding the deployment of broadband Internet access service (as defined in section 8.2 of title 47, Code of Federal Regulations).
		15.Lawful content
 (a)In generalAs described in the Report and Order on Remand, Declaratory Ruling, and Order in the matter of protecting and promoting the open internet that was adopted by the Federal Communications Commission on February 26, 2015 (FCC 15–24)—
 (1)nothing in this Act prohibits providers of broadband Internet access service from blocking content that is not lawful, such as child pornography or copyright-infringing materials; and
 (2)nothing in this Act imposes any independent legal obligation on providers of broadband Internet access service to be the arbiter of what is lawful content.
 (b)Broadband Internet access service definedIn this section, the term broadband Internet access service has the meaning given such term in section 8.2 of title 47, Code of Federal Regulations.  Passed the House of Representatives April 10, 2019.Cheryl L. Johnson,Clerk April 29, 2019Read the second time and placed on the calendar


109 HR 4740 IH: Save Our Small and Seasonal Businesses Act of 2006
U.S. House of Representatives
2006-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
2d Session
H. R. 4740
IN THE HOUSE OF REPRESENTATIVES

February 14, 2006
Mr. Bass (for himself, Mr. Gilchrest, Mr. Delahunt, Mr. Ortiz, Mr. Cardin, Mr. Flake, Ms. Herseth, Mr. Moran of Kansas, Mr. Stupak, Mr. Wynn, Ms. Bordallo, Mr. Simmons, Mr. Olver, Mr. Ryun of Kansas, Mr. Pomeroy, Mr. Bradley of New Hampshire, Mr. Boustany, Mr. Van Hollen, Mr. Melancon, Mr. Jones of North Carolina, Mr. Kind, Mr. Cannon, Mr. Ryan of Wisconsin, Mr. Larson of Connecticut, Mr. Capuano, Mr. Baker, Ms. Baldwin, Mr. Kennedy of Minnesota, Mr. Allen, Mr. Ruppersberger, Mr. Moore of Kansas, Mr. Wilson of South Carolina, Mr. Sweeney, Mr. Bishop of New York, and Mr. Michaud) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To extend the termination date for the exemption of returning workers from the numerical limitations for temporary workers.

1.Short titleThis Act may be cited as the Save Our Small and Seasonal Businesses Act of 2006.
2.Extension of returning worker exemptionSection 402(b)(1) of the Save Our Small and Seasonal Businesses Act of 2005 (8 U.S.C. 1184 note; Public Law 109–13) is amended by striking 2006 and inserting 2009.


115 S3520 IS: Child Care Supply Improvement Act of 2018
U.S. Senate
2018-09-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS2d Session
		S. 3520
		IN THE SENATE OF THE UNITED STATES

			September 27, 2018
			Ms. Smith introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To provide grants to States, Indian Tribes, and Tribal organizations for activities to increase the
			 availability of child care options and to support the child care
			 workforce, and for other purposes.

		1.Short title
 This Act may be cited as the Child Care Supply Improvement Act of 2018.
		2.Definitions
 In this Act: (1)Allotment percentageThe term allotment percentage, with respect to a State, means the allotment percentage determined for the State in accordance with section 658O(b)(4) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m(b)(4)).
 (2)ChildThe term child means an individual— (A)who is age 5 or younger; or
 (B)who has not yet entered kindergarten. (3)Child with a disabilityThe term child with a disability means—
 (A)a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401), except the term child shall be limited to a child as defined in paragraph (2);
 (B)a child who is eligible for early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.);
 (C)a child who is eligible for services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); or
 (D)a child with a disability, as the term disability is defined by the State involved. (4)Child care programThe term child care program—
 (A)means any program— (i)that provides child care or education for children, in any setting or through any funding source; and
 (ii)that is licensed to provide such care or education under licensing requirements applicable in the State or is exempt from such requirements; and
 (B)includes— (i)any program operated by a center-based child care provider or a family child care provider;
 (ii)child care provided by relatives, friends, or neighbor caregivers;
 (iii)any preschool program funded by the Federal Government, a State, or a local educational agency; or (iv)a Head Start program, including an Early Head Start program, under the Head Start Act (42 U.S.C. 9831 et seq.).
 (5)Child care providerThe term child care provider means the staff of a child care program. (6)Eligible community development financial institutionThe term eligible community development financial institution means—
 (A)a community development financial institution (as defined in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702)) that has been certified by the Community Development Financial Institutions Fund under section 1805.201 of title 12, Code of Federal Regulations, or any successor regulation; or
 (B)an organization that— (i)is described in section 501(c)(3) of the Internal Revenue Code of 1986;
 (ii)is exempt from taxation under section 501(a) of such Code; and (iii)has demonstrated experience in—
 (I)providing technical or financial assistance for the acquisition, construction, renovation, or improvement of child care facilities;
 (II)providing technical, financial, or managerial assistance to child care providers; and (III)securing private sources of capital financing for child care or other low-income community development.
 (7)Family child care providerThe term family child care provider has the meaning given the term in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n).
 (8)Indian Tribe; Tribal organizationThe terms Indian Tribe and Tribal organization have the meanings given the terms Indian tribe and tribal organization in section 658P of the Child Care and Development Block Grant Act of 1990. (9)Interrater reliabilityThe term interrater reliability has the meaning given the term in section 637 of the Head Start Act (42 U.S.C. 9832).
 (10)Local or regional entityThe term local or regional entity means— (A)an agency administering a Head Start program, including an Early Head Start program, under the Head Start Act;
 (B)a State or local agency responsible for administering a child care program, including a local agency responsible for administering a child care program that is a home visiting program for children;
 (C)a local early childhood advisory council or coalition; (D)a local or regional child care resource and referral organization described in section 658E(c)(3)(B)(iii) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)(B)(iii));
 (E)an eligible community development financial institution; (F)a nonprofit organization, professional association, or community-based organization with expertise in child care; or
 (G)a consortium of entities described in any of subparagraphs (A) through (F). (11)School lunch factorThe term school lunch factor has the meaning given the term in section 658O(b)(3) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m(b)(3)).
 (12)SecretaryThe term Secretary means the Secretary of Health and Human Services. (13)StateThe term State has the meaning given the term in section 658P of the Child Care and Development Block Grant Act of 1990.
 (14)Young child factorThe term young child factor has the meaning given the term in section 658O(b)(4) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m(b)(4)).
			3.Child care supply improvement program
 (a)EstablishmentThe Secretary shall establish a program to award to States, Indian Tribes, and Tribal organizations—
 (1)grants for child care facilities in accordance with section 4; and (2)grants for the purpose of carrying out the activities described in section 5.
 (b)Application processA State, Indian Tribe, or Tribal organization seeking a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
			(c)Grant amounts
 (1)In generalEach State, Indian Tribe, or Tribal organization that submits an application meeting the requirements of the Secretary under subsection (b) shall be entitled to a grant in an amount that is determined in accordance with the reservations and allotments under this subsection.
				(2)Amounts reserved
 (A)Territories and possessionsThe Secretary shall reserve not to exceed one-half of 1 percent of the amount appropriated under section 8 in each fiscal year for payments to Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands to be allotted in accordance with their respective needs.
 (B)Indian TribesThe Secretary shall reserve not less than 4 percent of the amount appropriated under section 8 in each fiscal year for grants to Indian Tribes and Tribal organizations that submit an application meeting the requirements of the Secretary under subsection (b).
 (3)State allotmentsFrom the amount appropriated under section 8 for each fiscal year that is remaining after the reservations under paragraph (2), the Secretary shall allot to each State an amount equal to the sum of—
 (A)an amount that bears the same ratio to 50 percent of such remainder as the product of the young child factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States; and
 (B)an amount that bears the same ratio to 50 percent of such remainder as the product of the school lunch factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States.
					4.Grants for child care facilities
 (a)In generalA grant awarded under section 3(a)(1) shall be used to award a subgrant to an eligible community development financial institution, which may partner with other local or regional entities, for the purpose of—
 (1)providing technical or financial assistance for the acquisition, construction, or improvements of child care facilities;
 (2)providing technical, financial, or managerial assistance to child care programs; (3)subject to subsection (b), renovating child care facilities to comply with State or local health and safety requirements;
 (4)establishing low-cost— (A)loan programs for child care programs; or
 (B)loan forgiveness programs for child care programs in accordance with subsection (c); or
 (5)developing and piloting local, voluntary best practices related to community zoning standards to support the provision and expansion of child care services.
 (b)Residential renovationsA renovation to a private residence in which a family child care provider provides child care services may be supported through a grant under section 3(a)(1), only if necessary to comply with State or local health and safety requirements. Such a renovation may include—
 (1)indoor or outdoor modifications, including such modifications to support accessibility for children with disabilities; or
 (2)lead remediation and abatement activities. (c)Loan forgiveness programsA loan forgiveness program supported under subsection (a)(4)(B)—
 (1)shall provide loan forgiveness for child care programs over a period of time;
 (2)shall prioritize loan forgiveness for child care programs that are or become licensed, regulated, or registered under State law and become nationally accredited or rated under a tiered quality rating system described in section 658G(b)(3) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e(b)(3)); and
 (3)may prioritize child care programs— (A)providing high-quality care for infants and toddlers during non-traditional hours;
 (B)providing inclusive care for children with disabilities;
 (C)serving children in a geographic area for which there is a shortage of child care; or
 (D)that otherwise meet the needs identified in the community needs assessment conducted by the State, Indian Tribe, or Tribal organization under section 6.
					5.Grants for quality services, compliance requirements, business support, and administrative
			 improvement activities
 (a)SubgrantsA State, Indian Tribe, or Tribal organization awarded a grant under section 3(a)(2) may make subgrants to, or partner with, local or regional entities to carry out any activity supported by the grant in accordance with this section.
 (b)ActivitiesA grant awarded under section 3(a)(2) shall be used for any of the following activities:
 (1)Activities to provide— (A)pathways for child care programs operating legally without a child care license to obtain such license;
 (B)pre-licensing orientation for individuals seeking a child care license; (C)technical assistance throughout the child care licensing process; or
 (D)pathways to accreditation of child care programs and quality improvement for such programs, including entry into or improvement on a tiered quality rating system described in section 658G(b)(3) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e(b)(3)).
 (2)Activities, in accordance with subsection (c), to provide ongoing, job-embedded professional development for child care programs, including structured training, coaching, mentoring, professional development visits, and peer support activities, or professional opportunities, to reduce isolation of child care providers, including through cohort-based models.
 (3)Activities to provide business start-up support for child care programs as described in subsection (d).
 (4)Activities to improve the administration of child care programs, by States, Indian Tribes, or Tribal organizations, which shall include activities as described in subsection (e).
				(c)Professional development activities
 (1)AccessibilityThe professional development activities described in subsection (b)(2) shall— (A)be appropriate, relevant, accessible and affordable for family child care providers in home-based settings; and
 (B)be culturally responsive and linguistically appropriate for the applicable community. (2)ActivitiesSuch professional development activities may include—
 (A)assistance for child care providers in obtaining qualified, temporary substitute child care or reimbursing such child care providers for obtaining such child care;
 (B)the creation, expansion, or replication of staffed family child care networks; (C)the creation, expansion, or replication of infant-toddler specialist networks; and
 (D)cross-sector training and partnership opportunities for teachers and staff of—
 (i)Head Start programs, including Early Head Start programs, under the Head Start Act; (ii)early intervention programs;
 (iii)infant and early childhood mental health programs; (iv)home visiting child care programs;
 (v)State-funded pre-kindergarten and preschool programs that receive funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); or
 (vi)any other child care program. (d)Business start-Up activitiesThe business-start up activities described in subsection (b)(3)—
 (1)shall— (A)promote sound, sustainable business practices, including business planning practices, to child care programs, including through orientations for child care programs and related programs, such as the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766);
 (B)provide financial aid or technical assistance to assist child care providers in complying with licensing requirements, or health and safety requirements;
 (C)provide technical assistance or financial assistance for costs associated with beginning a business, including costs for equipment or supplies, including diapers and diapering supplies; and
 (D)develop shared service models for child care programs with respect to business activities including accounting, marketing, communications, health insurance, and legal support activities; and
 (2)may include activities to promote innovative solutions or support the development of innovative models or arrangements for child care providers, such as co-located child care programs or employer-sponsored child care programs, which may be identified through the community needs assessment conducted by the State, Indian Tribe, or Tribal organization under section 6.
				(e)Improving administration
 (1)In generalThe activities described in subsection (b)(4) shall include activities to— (A)improve data collection with respect to child care services, including the collection of information by States under section 658K of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858j);
 (B)improve coordination between States and Indian Tribes or Tribal organizations receiving assistance under such Act, the Head Start Act, or this Act;
 (C)improve coordination between States and local governments with respect to licensing and other regulatory requirements for child care providers, and, if applicable, the State’s tiered quality rating system described in section 658G(b)(3) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e(b)(3));
 (D)increase interrater reliability in licensing inspections or other evaluations of child care programs by training licensing inspectors of child care providers and providing such inspectors with additional professional development;
 (E)identify and eliminate barriers to child care licensure, such as through reducing fees for background checks, translating licensing regulations into languages other than English, collaborating with housing authorities or local governments, or addressing other barriers that may be identified through the community needs assessment conducted under section 6; or
 (F)improve the functionality of activities related to State and local regulatory requirements, including requirements with respect to licensing and licensing inspections, in accordance with paragraph (2).
 (2)Functionality activitiesThe activities described in paragraph (1)(F) may include developing modern technology in accordance with paragraph (3) to assist and improve with—
 (A)outreach, including communication to child care providers of— (i)licensing and other regulatory requirements described in subparagraph (K) of section 658E(c)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)); and
 (ii)health and safety requirements described in subparagraph (I) of such section; (B)enforcement of the requirements described in clauses (i) and (ii) of subparagraph (A);
 (C)assistance to child care providers in complying with such requirements; or (D)efforts to streamline State and local paperwork requirements for child care providers without diminishing any health and safety requirements applicable to such providers.
 (3)Modern technologyAny modern technology developed under paragraph (2) shall— (A)focus on the needs of child care providers subject to the requirements described in clauses (i) and (ii) of paragraph (2)(A); and
 (B)take into consideration, to the extent possible, best practices related to technology development practices, including user-centered design, as detailed in applicable Federal guidelines, such as the Digital Services Playbook.
					6.Community needs assessment
 (a)In generalEach State, Indian Tribe, or Tribal organization receiving a grant under this Act shall, prior to undertaking any activity supported by such a grant, conduct an assessment of the needs of the State, Indian Tribe, or Tribal organization with respect to issues including—
 (1)the overall supply of child care programs, including the supply of high-quality child care programs;
 (2)geographic shortages and diversity of child care providers; (3)child care offered during nontraditional hours;
 (4)cultural and linguistic needs of children, parents, and child care providers; and (5)relevant trends in child care supply and demand.
 (b)ConsultationIn preparing the needs assessment required under subsection (a), the State, Indian Tribe, or Tribal organization shall consult with parents, child care stakeholder groups, relevant local governments, interested businesses and employers, related professional associations, and community-based organizations.
 (c)ResultsA State, Indian Tribe, or Tribal organization receiving a grant under this Act shall— (1)use the results of the needs assessment required under subsection (a) to determine how to use the funds awarded through such grant to address the needs of children, parents, and child care providers; and
 (2)to the greatest extent possible, use the funds awarded through such grant in proportion to the needs determined through such assessment to increase the supply of high-quality child care, which may include a focus on a particular issue described in any of paragraphs (1) through (5) of subsection (a).
				7.Administrative requirements
 (a)Supplement and not supplantFunds made available through a grant or subgrant under this Act shall supplement, and not supplant, other Federal, State, or local funds that are available for child care programs or other family engagement programs.
 (b)Maintenance of effortA State, Indian Tribe, or Tribal organization that receives funds through a grant under this Act for a fiscal year shall maintain the fiscal effort provided by the State, Indian Tribe, or Tribal organization for the activities supported by such funds at a level equal to or greater than the level of such fiscal effort for the preceding fiscal year.
 (c)Voluntary participationA State, Indian Tribe, or Tribal organization that receives a grant under this Act shall ensure that family participation in any program supported by such grant shall be voluntary and not preclude the family from participating in any other Federal, State, or local program.
 8.Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this Act.


		II
		111th CONGRESS
		2d Session
		S. 3138
		IN THE SENATE OF THE UNITED STATES

			March 18, 2010
			Mr. Cardin introduced
			 the following bill; which was read twice and referred to the
			 Committee on Foreign
			 Relations

		A BILL
		To promote documentary films that convey a diversity of
		  views about life in the United States and bring insightful foreign perspectives
		  to United States audiences.

		1.Short
			 titleThis Act may be cited as
			 the International Documentary Exchange
			 Act of 2010.
		2.Grants for
			 international documentary exchange programs
			(a)AssistanceThe
			 Secretary of State may award grants, on such terms and conditions as the
			 Secretary may determine, to United States film makers and nongovernmental
			 organizations that use independently produced documentary films to promote
			 better understanding of—
				(1)the United States
			 among individuals in other countries; and
				(2)global
			 perspectives and other countries among individuals in the United States.
				(b)Use of grant
			 fundsGrants awarded under subsection (a) shall, to the maximum
			 extent practicable, be used to fund, distribute, and promote documentary films
			 that—
				(1)convey a
			 diversity of views about life in the United States to foreign audiences;
			 and
				(2)bring insightful
			 foreign perspectives to United States audiences.
				(c)Authorization
			 of appropriationsOf the amounts authorized to be appropriated
			 for the Bureau of Education Exchanges (ECA) of the Department of State for
			 public diplomacy programs, there is authorized to be appropriated to the
			 Secretary of State such sums as may be necessary for each of fiscal years 2010
			 and 2011 to carry out this section.