		II
		112th CONGRESS
		2d Session
		S. 3604
		IN THE SENATE OF THE UNITED STATES

			September 20, 2012
			Mr. Kohl (for himself,
			 Mr. Grassley, and
			 Mr. Blumenthal) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		 To amend title XVIII of the Social Security Act to
		  provide for the implementation of prescriber education programs and to
		  establish requirements relating to the administration of antipsychotics to
		  residents of skilled nursing facilities and nursing facilities under the
		  Medicare and Medicaid programs, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Improving Dementia Care Treatment
			 for Older Adults Act of 2012.
		2.FindingsCongress makes the following
			 findings:
			(1)More than
			 5,000,000 Americans are afflicted with Alzheimer's and related dementias, and
			 that number is projected to reach as much as 16,000,000 during the boomer’s
			 age wave in the first half of the 21st century.
			(2)Nearly 40 percent
			 of individuals with dementia living in nursing homes receive antipsychotic
			 drugs. No antipsychotics have been approved by the Food and Drug Administration
			 to treat dementia.
			(3)The potential
			 harms of antipsychotics in frail elders are significant. Studies show that for
			 every 53 patients with dementia who are treated with such a pharmaceutical, one
			 will die. For every 9 to 25 patients that benefit from an antipsychotic, one
			 will die.
			(4)A May 2011 report
			 issued by the Office of Inspector General of the Department of Health and Human
			 Services found that 305,000, or 14 percent, of the Nation’s 2,100,000 nursing
			 home residents had at least one claim for antipsychotics. The report documented
			 that 83 percent of Medicare claims for atypical antipsychotic drugs for elderly
			 nursing home residents were associated with off-label conditions, and that
			 antipsychotics are often prescribed to manage behavioral symptoms of patients
			 with dementia.
			(5)In 2005 and 2008,
			 the Food and Drug Administration issued black box warnings—the
			 strongest possible warning—stating that patients administered antipsychotics
			 face a risk of death 1.6 to 1.7 times greater than those who take a
			 placebo.
			(6)Despite these
			 significant warnings, antipsychotic prescription rates in long-term care
			 facilities for patients with dementia and no diagnosis of psychosis are high.
			 In 1999, 39 percent of elderly nursing home residents with dementia and
			 aggressive behavioral symptoms received antipsychotics within a one-week
			 period. By 2006, the use of antipsychotics among nursing home residents with
			 dementia had increased by almost 1/3 to over
			 1/2 of these residents in some facilities. According to
			 the Department of Health and Human Services, the current national average
			 utilization rate of antipsychotics is 24 percent among long-stay
			 residents.
			(7)The cost to
			 taxpayers associated with the overutilization of antipsychotics is high. Since
			 2007, the Federal government has collected more than $3,000,000,000 in
			 settlements for illegal off-label marketing of antipsychotics. In a June 2011
			 lawsuit, a Circuit Court Judge fined a company $327,000,000 for deceptive
			 marketing of an antipsychotic, and concluded that the company displayed
			 a callous disregard to a patient’s right to have all information
			 available.
			(8)In late 2011, the
			 Chief Medical Officer of the Centers for Medicare & Medicaid Services
			 testified before the Special Committee on Aging of the Senate that 75 percent
			 of Americans who are diagnosed with Alzheimer’s will be admitted to a nursing
			 home by age 80.
			(9)Leading medical
			 experts and organizations advise that individuals with dementia who display
			 agitation and disruptive behaviors are often trying to communicate, and their
			 failure to be able to do so can result in frustration and acting
			 out. The resulting agitation and disruptive behaviors may signify unmet
			 needs or symptoms, including pain, constipation, negative responses to noise,
			 or interaction with other individuals.
			(10)The American
			 Medical Directors Association advises practitioners to address the underlying
			 causes and factors contributing to behavioral symptoms through a
			 detailed review of a patient’s symptom history and a careful assessment
			 of the circumstances in which problematic behavior occurs as a basis for both
			 medication treatment and non-pharmacological interventions.
			(11)LeadingAge
			 advises that family members and professional caretakers ought to try
			 first to understand what the patient is trying to convey. Then, they can take
			 appropriate action. LeadingAge also notes that there is a
			 growing body of evidence that supports the effectiveness of behavioral
			 modifications and non-pharmacological interventions to manage
			 dementia.
			(12)In May 2012, the
			 Centers for Medicare & Medicaid Services set a goal of reducing the
			 utilization of antipsychotics in long-term care facilities by 15 percent by the
			 end of the year. The Partnership to Improve Dementia Care is a collaborative
			 effort with industry and advocacy partners to improve training in nursing homes
			 and to further develop appropriate alternatives to antipsychotics for nursing
			 homes to use in providing care to residents who do not have a specific clinical
			 indication for the use of those agents.
			3.Prescriber
			 education programs
			(a)In
			 generalSection 1817(k) of the Social Security Act (42 U.S.C.
			 1395i(k)) is amended by adding at the end the new paragraph:

					(9)Prescriber
				education programs
						(A)Funding
							(i)TransferThe
				Managing Trustee shall transfer to the Trust Fund, under rules similar to the
				rules described in paragraph (2)(C), an amount equal to the penalties and
				damages obtained and otherwise creditable to miscellaneous receipts of the
				general fund of the Treasury obtained under sections 3729 through 3733 of title
				31, United States Code (known as the False Claims Act), in cases involving
				claims related to the off-label marketing of any prescription drug (other than
				funds awarded to a relator, for restitution, or otherwise authorized by
				law).
							(ii)Appropriated
				amounts to account for prescriber education programsThere are
				hereby appropriated to the Account from the Trust Fund some portion of such
				amounts transferred to the Trust Fund under clause (i), to be available without
				further appropriation until expended, for purposes of carrying out prescriber
				education programs and other activities in accordance with this
				paragraph.
							(B)Prescriber
				education programs
							(i)In
				generalThe Secretary, acting through the Centers for Medicare
				and Medicaid Services, in consultation with the Director of the Agency for
				Healthcare Research and Quality and the Commissioner of Food and Drugs, shall
				establish and implement prescriber education programs.
							(ii)ImplementationThe
				Secretary shall establish and begin implementation of prescriber education
				programs under this paragraph by not later than 6 months after the date on
				which funds are first made available to the Account under subparagraph
				(A).
							(C)DefinitionsIn
				this paragraph:
							(i)Prescriber
				education programsThe term prescriber education
				program means a program to promote high quality evidence-based
				treatment, including appropriate use of medications and non-pharmacologic
				interventions, through the development and dissemination of objective,
				educational, and informational materials to physicians and other prescribing
				practitioners, including such a program developed by the Agency for Healthcare
				Research and Quality.
							(ii)Off-label
				marketingThe term off-label marketing means the
				marketing of a prescription drug for an indication or use in a manner for which
				the drug has not been approved by the Food and Drug
				Administration.
							.
			(b)Conforming
			 amendmentSection 1817(k)(2)(C)(iv) of the Social Security Act
			 (42 U.S.C. 1395i(k)(2)(C)(iv)) is amended by inserting , for the conduct
			 of prescriber education programs and other activities in accordance with
			 paragraph (9), after restitution.
			4.Review and
			 reporting of antipsychotics prescribed to residents with dementia
			(a)Skilled nursing
			 facilities
				(1)In
			 generalSection 1819(b) of the Social Security Act (42 U.S.C.
			 1395i–3(b)) is amended by adding at the end the following new paragraph:

						(9)Review and
				reporting of antipsychotics prescribed to residents with dementia
							(A)In
				generalAs part of the drug regimen review process under this
				section (as described in section 483.60(c) of title 42, Code of Federal
				Regulations), the pharmacist conducting such review with respect to a skilled
				nursing facility shall—
								(i)note any instance
				where an antipsychotic was prescribed for a resident of the facility with
				dementia for a use not approved by the Food and Drug Administration; and
								(ii)submit to the
				administrator, medical director, and director of nursing of the facility a
				monthly report containing aggregate information regarding any instances noted
				under clause (i) during the preceding month.
								(B)Availability of
				reportsA skilled nursing facility must—
								(i)upon receipt of a
				report submitted to the facility under subparagraph (A)(ii), submit such report
				to the Secretary; and
								(ii)make such
				reports available to surveyors and the State Long-Term Care Ombudsman described
				in section 712 of the Older Americans Act of
				1965.
								.
				(b)Nursing
			 facilitiesSection 1919(b) of the Social Security Act (42 U.S.C.
			 1396r(b)) is amended by adding at the end the following new paragraph:

					(9)Review and
				reporting of antipsychotics prescribed to residents with dementia
						(A)In
				generalAs part of the drug regimen review process under this
				section (as described in section 483.60(c) of title 42, Code of Federal
				Regulations), the pharmacist conducting such review with respect to a nursing
				facility shall—
							(i)note any instance
				where an antipsychotic was prescribed for a resident of the facility with
				dementia for a use not approved by the Food and Drug Administration; and
							(ii)submit to the
				administrator, medical director, and director of nursing of the facility a
				monthly report containing aggregate information regarding any instances noted
				under clause (i) during the preceding month.
							(B)Availability of
				reportsA nursing facility must—
							(i)upon receipt of a
				report submitted to the facility under subparagraph (A)(ii), submit such report
				to the Secretary; and
							(ii)make such
				reports available to surveyors and the State Long-Term Care Ombudsman described
				in section 712 of the Older Americans Act of
				1965.
							.
			(c)Effective
			 dateThe amendments made by this section shall take effect on the
			 date that is 1 year after the date of the enactment of this Act and apply to
			 reviews conducted with respect to drugs dispensed or administered on or after
			 such date.
			5.Standardized
			 protocol for obtaining informed consent from an older adult with dementia prior
			 to prescribing an antipsychotic
			(a)Standardized
			 protocol
				(1)Skilled nursing
			 facilitiesSection 1819(b) of the Social Security Act (42 U.S.C.
			 1395i–3(b)), as amended by section 4, is amended by adding at the end the
			 following new paragraph:

						(10)Standardized
				protocol for obtaining informed consent from an older adult with dementia prior
				to prescribing an antipsychotic for a use not approved by the food and drug
				administration
							(A)ProtocolNot
				later than 180 days after the date on which the Comptroller General submits the
				report on State informed consent laws under section 5(a)(3) of the
				Improving Dementia Care Treatment for Older
				Adults Act of 2012, the Secretary shall develop a standardized
				protocol for skilled nursing facilities to obtain informed consent from an
				older adult with dementia (or, if applicable, the older adult’s designated
				health care agent or other surrogate under State law or regulation) prior to
				prescribing an antipsychotic to the older adult for a use not approved by the
				Food and Drug Administration.
							(B)RequirementsThe
				standardized protocol developed under subparagraph (A) shall include the
				following:
								(i)A
				requirement, with respect to an older adult with dementia, that—
									(I)the facility,
				with the involvement of the prescriber, inform the older adult (or, if
				applicable, the older adult’s designated health care agent or other surrogate
				under State law or regulation) of—
										(aa)possible side
				effects and risks associated with the antipsychotic, including the mention of
				any black box warning;
										(bb)treatment
				modalities that were attempted prior to the use of the antipsychotic;
				and
										(cc)any other
				information the Secretary determines appropriate;
										(II)the older adult
				(or, if applicable, the older adult’s designated health care agent or other
				surrogate under State law or regulation) provide consent to the administration
				of the antipsychotic; and
									(III)the
				administration of the antipsychotic is in accordance with any plan of care that
				the older adult has in place, including non-pharmacological interventions as
				appropriate that can effectively address underlying medical and environmental
				causes of behavioral disorders.
									(ii)An alternative
				protocol for obtaining such informed consent—
									(I)in the case of
				emergencies; and
									(II)in the absence
				of a clearly identified designated health care agent or other surrogate under
				State law or regulation.
									(iii)Other items
				determined appropriate by the Secretary.
								(C)Timing of
				informed consentUnder the standardized protocol, a skilled
				nursing facility shall obtain informed consent—
								(i)prior to the
				initial prescribing of antipsychotics; or
								(ii)in the case of
				an individual already prescribed antipsychotics when admitted to a facility,
				the facility shall obtain informed consent if the facility maintains
				antipsychotic treatment after the first drug regimen review conducted with
				respect to the individual.
								(D)ComplianceEffective
				beginning on the date that is 18 months after the date of enactment of the
				Improving Dementia Care Treatment for Older
				Adults Act of 2012, a skilled nursing facility shall comply with
				the standardized protocol developed under subparagraph (A).
							(E)No
				preemptionNothing in this paragraph shall preempt any provision
				of State or Federal law that provides broader rights with respect to informed
				consent for residents of
				facilities.
							.
				(2)Nursing
			 facilitiesSection 1919(b) of the Social Security Act (42 U.S.C.
			 1396r(b)), as amended by section 4, is amended by adding at the end the
			 following new paragraph:

						(10)Standardized
				protocol for obtaining informed consent from an older adult with dementia prior
				to prescribing an antipsychotic for a use not approved by the food and drug
				administration
							(A)ProtocolNot
				later than 180 days after the date on which the Comptroller General submits the
				report on State informed consent laws under section 5(a)(3) of the
				Improving Dementia Care Treatment for Older
				Adults Act of 2012, the Secretary shall develop a standardized
				protocol for nursing facilities to obtain informed consent from an older adult
				with dementia (or, if applicable, the older adult’s designated health care
				agent or other surrogate under State law or regulation) prior to prescribing an
				antipsychotic to the older adult for a use not approved by the Food and Drug
				Administration.
							(B)RequirementsThe
				standardized protocol developed under subparagraph (A) shall include the
				following:
								(i)A
				requirement, with respect to an older adult with dementia, that—
									(I)the facility,
				with the involvement of the prescriber, inform the older adult (or, if
				applicable, the older adult’s designated health care agent or other surrogate
				under State law or regulation) of—
										(aa)possible side
				effects and risks associated with the antipsychotic, including the mention of
				any black box warning;
										(bb)treatment
				modalities that were attempted prior to the use of the antipsychotic;
				and
										(cc)any other
				information the Secretary determines appropriate;
										(II)the older adult
				(or, if applicable, the older adult’s designated health care agent or other
				surrogate under State law or regulation) provide consent to the administration
				of the antipsychotic; and
									(III)the
				administration of the antipsychotic is in accordance with any plan of care that
				the older adult has in place, including non-pharmacological interventions as
				appropriate that can effectively address underlying medical and environmental
				causes of behavioral disorders.
									(ii)An alternative
				protocol for obtaining such informed consent—
									(I)in the case of
				emergencies; and
									(II)in the absence
				of a clearly identified designated health care agent or other surrogate under
				State law or regulation.
									(iii)Other items
				determined appropriate by the Secretary.
								(C)Timing of
				informed consentUnder the standardized protocol, a nursing
				facility shall obtain informed consent—
								(i)prior to the
				initial prescribing of antipsychotics; or
								(ii)in the case of
				an individual already prescribed antipsychotics when admitted to a facility,
				the facility shall obtain informed consent if the facility maintains
				antipsychotic treatment after the first drug regimen review conducted with
				respect to the individual.
								(D)ComplianceEffective
				beginning on the date that is 18 months after the date of enactment of the
				Improving Dementia Care Treatment for Older
				Adults Act of 2012, a nursing facility shall comply with the
				standardized protocol developed under subparagraph (A).
							(E)No preemptionNothing in this paragraph shall preempt any
				provision of State or Federal law that provides broader rights with respect to
				informed consent for residents of
				facilities.
							.
				(3)GAO study and
			 report on informed consent laws with respect to prescribing of an
			 antipsychotic
					(A)StudyThe
			 Comptroller General of the United States (in this paragraph referred to as the
			 Comptroller General) shall conduct a study of State laws and
			 regulations concerning informed consent with respect to the administration of
			 an antipsychotic (or other psychoactive medication) with regard to the
			 effectiveness of such laws and practices in changing the frequency of
			 prescribing of antipsychotics (or other psychoactive medications) to older
			 adults with dementia. The study shall include an analysis as to whether in the
			 case of States that have not enacted such informed consent laws, such States
			 have developed other mechanisms to guide appropriate prescribing of
			 antipsychotics in older adults with dementia.
					(B)ReportNot
			 later than 180 days after the date of enactment of this Act, the Comptroller
			 General shall submit to the Secretary and to Congress a report containing the
			 results of the study conducted under subparagraph (A), together with such
			 recommendations as the Comptroller General determines appropriate.
					(b)Development of
			 measure of utilization of antipsychotics for inclusion on nursing home compare
			 website
				(1)MedicareSection
			 1819(i) of the Social Security Act (42 U.S.C. 1395i–3(i)) is amended by adding
			 at the end the following new paragraph:

						(3)Development of
				measure of utilization of antipsychotics
							(A)In
				generalThe Secretary shall include a measure of the utilization
				of antipsychotics for each facility for inclusion on such website (or a
				successor website) as part of the quality measures or health inspection
				measures, or both such measures, under the Five-Star Quality Rating
				System.
							(B)ConsiderationsIn
				developing the measure under subparagraph (A), the Secretary shall take into
				account special patient populations, special care units, appropriate diagnoses,
				and other factors, as determined appropriate by the
				Secretary.
							.
				(2)MedicaidSection
			 1919(i) of the Social Security Act (42 U.S.C. 1396r(i)) is amended by adding at
			 the end the following new paragraph:

						(3)Development of
				measure of utilization of antipsychotics
							(A)In
				generalThe Secretary shall include a measure of the utilization
				of antipsychotics for each facility for inclusion on such website (or a
				successor website) as part of the quality measures or health inspection
				measures, or both such measures, under the Five-Star Quality Rating
				System.
							(B)ConsiderationsIn
				developing the measure under subparagraph (A), the Secretary shall take into
				account special patient populations, special care units, appropriate diagnoses,
				and other factors, as determined appropriate by the
				Secretary.
							.
				6.GAO study and
			 report on standardized protocol for obtaining informed consent
			(a)StudyThe Comptroller General of the United
			 States (in this section referred to as the Comptroller General)
			 shall conduct a study to analyze the impact of the standardized protocol for
			 obtaining informed consent under sections 1819(b)(10) and 1919(b)(10) of the
			 Social Security Act, as added by paragraphs (1) and (2), respectively, of
			 section 5(a). Such study shall include an analysis of—
				(1)whether changes in the utilization of
			 antipsychotics in selected facilities resulted in improved quality of life for
			 residents;
				(2)whether changes in the utilization of
			 antipsychotics in selected facilities resulted in transfer of residents to
			 other settings for psychiatric care;
				(3)whether selected facilities adopted greater
			 use of alternative treatment modalities, including non-pharmacologic
			 interventions and individualized, person-centered techniques;
				(4)whether the standardized protocol resulted
			 in diminished access to antipsychotics among individuals with a diagnosis of
			 mental illness;
				(5)whether the standardized protocol resulted
			 in physicians and other prescribers switching from prescribing antipsychotics
			 to prescribing other sedating psychoactive medications; and
				(6)the prevalence of
			 antipsychotic prescribing for older adults outside of the skilled nursing
			 facility or nursing facility setting, including in hospitals and assisted
			 living communities.
				(b)ReportNot
			 later than 2 years after the compliance date under subparagraph (D) of each of
			 such sections 1819(b)(10) and 1919(b)(10), the Comptroller General shall submit
			 to the Secretary and to Congress a report containing the results of the study
			 conducted under subsection (a), together with such recommendations as the
			 Comptroller General determines appropriate.
			7.IOM study and
			 report on use of antipsychotics across care settings
			(a)Study
				(1)In
			 generalThe Secretary of
			 Health and Human Services (in this section referred to as the
			 Secretary) shall seek to enter into an agreement with the
			 Institute of Medicine of the National Academies to conduct a study on—
					(A)the appropriate prescribing of
			 antipsychotics for hospital inpatients; and
					(B)whether documentation of antipsychotic use
			 in patients with dementia is provided during transitions of care from hospitals
			 to other care settings.
					(2)Analysis of
			 patterns of useThe study
			 conducted under paragraph (1) shall include an analysis by the Institute of
			 Medicine of the patterns of use of antipsychotics in older adults with dementia
			 that originate in ambulatory settings.
				(3)ConsultationUnder the agreement under paragraph (1),
			 the Institute of Medicine shall consult with leaders in the hospital and
			 medical care sector, the long-term care industry, the pharmacy community,
			 representatives of nursing home residents and family caregivers, leading
			 experts in psychiatry and geriatrics, and other entities or individuals
			 determined appropriate by the Secretary in conducting the study under the
			 preceding sentence.
				(b)ReportThe
			 agreement entered into under subsection (a) shall provide for the Institute of
			 Medicine to submit to the Secretary and to Congress a report containing the
			 results of the study conducted under such subsection.


117 HR 2719 IH: Rebuilding America’s Airport Infrastructure Act
U.S. House of Representatives
2021-04-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 2719IN THE HOUSE OF REPRESENTATIVESApril 21, 2021Mr. Blumenauer (for himself and Mr. Amodei) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend title 49, United States Code, to make modifications to the passenger facility charge program administered by the Federal Aviation Administration, and for other purposes.1.Short titleThis Act may be cited as the Rebuilding America’s Airport Infrastructure Act.2.Passenger facility charge(a)In generalSection 40117 of title 49, United States Code, is amended—(1)in subsection (b)—(A)in paragraph (1) by striking of $1, $2, or $3 and inserting described in paragraph (4); (B)by striking paragraph (4) and inserting the following:(4)Passenger facility charge amountThe maximum amount of a passenger facility charge imposed under paragraph (1) shall be—(A)for a 1-year period beginning on January 1, 2023, $5.50;(B)for a 1-year period beginning on January 1, 2024, $6.50;(C)for a 1-year period beginning on January 1, 2025, $7.50; and(D)on and after January 1, 2026, $8.50 (adjusted annually for inflation). ; (C)in paragraph (6)—(i)by striking paragraphs (1) and (4) and inserting paragraph (1); and(ii)by striking or (4); and (D)in paragraph (7)(A)—(i)by striking , (4),; and(ii)by striking or (4); and(2)in subsection (d)—(A)in paragraph (2)(C) by striking the semicolon and inserting ; and;(B)in paragraph (3) by striking ; and and inserting a period; and(C)by striking paragraph (4).(b)Effective dateThe amendments made by this section shall apply with respect to passenger facility charges imposed on or after January 1, 2023.


		II
		112th CONGRESS
		2d Session
		S. 2672
		IN THE SENATE OF THE UNITED STATES

			May 7, 2012
			Mr. Casey introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the rate of duty on
		  1,1-cyclobutanedicarboxylic acid.

		1.1,1-Cyclobutanedicarboxylic
			 acid
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.001,1-Cyclobutanedicarboxylic acid (CAS No. 5445–51–2) (provided
						for in subheading 2917.20.00) FreeNo changeNo changeOn or before
						12/31/2015

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


116 S1988 IS: Incentivizing Offshore Wind Power Act
U.S. Senate
2019-06-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		116th CONGRESS1st Session
		S. 1988
		IN THE SENATE OF THE UNITED STATES

			June 26, 2019
			Mr. Carper (for himself, Ms. Collins, Mr. Brown, Mr. Cardin, Mr. Coons, Mr. King, Mr. Menendez, Mr. Reed, Mr. Schatz, Ms. Warren, Mr. Whitehouse, and Mr. Markey) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to extend the energy credit for offshore wind
			 facilities.

		1.Short title
 This Act may be cited as the Incentivizing Offshore Wind Power Act.
		2.Extension of energy credit for offshore wind facilities
 (a)In generalSection 48(a)(5) of the Internal Revenue Code of 1986 is amended by adding at the end the following:

					(F)Qualified offshore wind facilities
 (i)In generalIn the case of any qualified offshore wind facility— (I)subparagraph (C)(ii) shall be applied by substituting January 1 of the applicable year (as determined under subparagraph (F)(ii)) for January 1, 2020,
 (II)subparagraph (E) shall not apply, and (III)for purposes of this paragraph, section 45(d)(1) shall be applied by substituting January 1 of the applicable year (as determined under section 48(a)(5)(F)(ii)) for January 1, 2020.
							(ii)Applicable year
 (I)In generalFor purposes of this subparagraph, the term applicable year means the later of— (aa)calendar year 2027, or
 (bb)the calendar year subsequent to the first calendar year in which the Secretary, in consultation with the Secretary of Energy, determines that the United States has increased its offshore wind capacity by not less than 3,000 megawatts as compared to such capacity on January 1, 2020.
 (II)Exclusion of certain facilitiesFor purposes of subclause (I)(bb), the Secretary shall not include any increase in offshore wind capacity which is attributable to any facility the construction of which began before January 1, 2020.
							(iii)Qualified offshore wind facility
 For purposes of this subparagraph, the term qualified offshore wind facility means a qualified facility described in paragraph (1) of section 45(d) which is located in the inland navigable waters of the United States, including the Great Lakes, or in the coastal waters of the United States, including the territorial seas of the United States, the exclusive economic zone of the United States, and the outer Continental Shelf of the United States.
 (iv)Report on offshore wind capacityOn January 15, 2026, and annually thereafter until the calendar year described in clause (ii)(I)(bb), the Secretary, in consultation with the Secretary of Energy, shall issue a report to be made available to the public which discloses the increase in the offshore wind capacity of the United States, as measured in total megawatts, since January 1, 2020.
						.
 (b)Effective dateThe amendment made by this section shall apply to periods after December 31, 2016, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).


		II
		111th CONGRESS
		1st Session
		S. 1255
		IN THE SENATE OF THE UNITED STATES

			June 11, 2009
			Mr. Schumer introduced
			 the following bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To amend the Magnuson-Stevens Fishery Conservation and
		  Management Act to extend the authorized time period for rebuilding of certain
		  overfished fisheries, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Flexibility in Rebuilding American
			 Fisheries Act of 2009.
		2.Extension of time
			 period for rebuilding certain overfished fisheriesSection
			 304(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16
			 U.S.C. 1854(e)) is amended—
			(1)in paragraph
			 (4)(A)—
				(A)in clause (i) by
			 striking possible and inserting practicable;
			 and
				(B)by amending clause
			 (ii) to read as follows:

						(ii)not exceed 10 years, except in cases in
				which—
							(I)the biology of the
				stock of fish, other environmental conditions, or management measures under an
				international agreement in which the United States participates dictate
				otherwise;
							(II)the Secretary
				determines that such 10-year period should be extended because the cause of the
				fishery decline is outside the jurisdiction of the Council or the rebuilding
				program cannot be effective only by limiting fishing activities;
							(III)the Secretary determines that such 10-year
				period should be extended to provide for the sustained participation of fishing
				communities or to minimize the economic impacts on such communities, provided
				that there is evidence that the stock of fish is on a positive rebuilding
				trend;
							(IV)the Secretary determines that such 10-year
				period should be extended for one or more stocks of fish of a multi-species
				fishery, provided that there is evidence that those stocks are on a positive
				rebuilding trend;
							(V)the Secretary determines that such 10-year
				period should be extended because of a substantial change to the biomass
				rebuilding target for the stock of fish concerned after the rebuilding plan has
				taken effect; or
							(VI)the Secretary determines that such 10-year
				period should be extended because the biomass rebuilding target exceeds the
				highest abundance of the stock of fish during the 25-year period preceding the
				date the rebuilding plan has taken effect and there is evidence that the stock
				is on a positive rebuilding trend;
							;

				(2)in paragraph (7), in the matter preceding
			 subparagraph (A), by inserting after the first sentence the following:
			 In evaluating progress to end overfishing and to rebuild overfished
			 stocks of fish, the Secretary shall review factors, other than commercial
			 fishing and recreational fishing, that may contribute to the overfished status
			 of a stock of fish, such as commercial, residential, and industrial development
			 of, or agricultural activity in, coastal areas and the impact of such
			 development or activity on the marine environment, predator and prey
			 relationships of target and related species, and other environmental and
			 ecological changes to the marine conditions.; and
			(3)by adding at the
			 end the following:

					(8)If the Secretary determines that extended
				rebuilding time is warranted under subclause (III), (IV), (V), or (VI) of
				paragraph (4)(A)(ii), the maximum time allowed for rebuilding the stock of fish
				concerned may not exceed the sum of the following time periods:
						(A)The initial
				10-year rebuilding period.
						(B)The expected time
				to rebuild such stock absent any fishing mortality and under prevailing
				environmental conditions.
						(C)The mean
				generation time of such stock.
						(9)In this subsection, the term on a
				positive rebuilding trend means, with respect to a stock of fish, that
				the biomass of the stock of fish has shown a substantial increase in abundance
				since the implementation of the rebuilding
				plan.
					.


		I
		111th CONGRESS
		2d Session
		H. R. 6525
		IN THE HOUSE OF REPRESENTATIVES

			December 15, 2010
			Mrs. Kirkpatrick of
			 Arizona introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources, and in addition to the Committee on
			 Financial Services, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To provide for development of the Former Bennett Freeze
		  Area, to contribute to the rehabilitation of the economic, housing,
		  infrastructure, health, and educational condition of those affected by the
		  former Bennett Freeze, and for other purposes.

		1.Short titleThis Act may be cited as the Former
			 Bennett Freeze Area Development Act.
		2.DefinitionsIn this Act:
			(1)ONHIRThe term ONHIR means the
			 Office of Navajo and Hopi Indian Relocation.
			(2)SecretaryThe
			 term Secretary means the Secretary of the Interior.
			(3)Trust
			 FundThe term Trust
			 Fund means the Former Bennett Freeze Area Rehabilitation Trust Fund
			 established under this Act.
			3.ONHIR
			 Transition
			(a)Request by
			 tribe; authorized programsUpon the request of the Navajo Nation or
			 the Hopi Tribe by tribal resolution, the Commissioner of the Office of Navajo
			 and Hopi Indian Relocation shall enter into a self-determination contract or
			 contracts with the requesting Indian tribe to plan, conduct, and administer
			 programs, functions, services, or activities (or portion thereof), including
			 construction programs administered by the Commissioner that pertain directly to
			 the requesting Indian tribe. Programs, functions, services, or activities
			 contracted under this subsection shall include administrative functions of the
			 Office of Navajo and Hopi Indian Relocation that support the delivery of
			 services to Indians, including those administrative activities supportive of,
			 but not included as part of, the service delivery programs described in this
			 subsection that are otherwise contractable. Such administrative functions shall
			 be contractable without regard to the organizational level within the Office of
			 Navajo and Hopi Indian Relocation that carries out such functions.
			(b)RegulationsThe Commissioner shall issue regulations
			 implementing subsection (a) that, to the maximum extent feasible—
				(1)parallel the
			 requirements of the Indian Self-Determination and Education Assistance Act (25
			 U.S.C. 450f); and
				(2)reflect the
			 independent agency status of the Office of Navajo and Hopi Indian
			 Relocation.
				4.Former Bennett
			 Freeze Area Rehabilitation Trust Fund
			(a)EstablishmentThere is hereby established in the Treasury
			 of the United States a trust fund to be known as the Former Bennett Freeze Area
			 Rehabilitation Trust Fund, which shall consist of the funds appropriated
			 pursuant to subsection (f) of this section and any interest or investment
			 income accrued on such funds.
			(b)Secretary as
			 trustee; investment of fundsThe Secretary shall be the trustee of the
			 Former Bennett Freeze Area Rehabilitation Trust Fund and shall be responsible
			 for investment of the funds in such Trust Fund. Notwithstanding the foregoing,
			 upon receipt and approval of a plan for the use of those funds consistent with
			 subsection (c), the Secretary shall transfer these funds to the Navajo-Hopi
			 Land Commission Office of the Navajo Nation, or its designee, as
			 trustee.
			(c)Availability of
			 funds; purposesFunds in the
			 Former Bennett Freeze Area Rehabilitation Trust Fund, including any interest or
			 investment accruing thereon, shall be available to the Navajo Nation solely for
			 purposes which will contribute to the continuing rehabilitation and improvement
			 of the economic, housing, infrastructure, health, educational, and social
			 condition of families, and Navajo communities, that have been affected by the
			 former Bennett Freeze.
			(d)Deposits to
			 Trust FundThe Trust Fund
			 shall consist of—
				(1)a set-aside each fiscal year of 0.75
			 percent of any amounts appropriated for the Operation of Indian Programs budget
			 of the Bureau of Indian Affairs;
				(2)a set-aside each fiscal year of 5.0 percent
			 of any amounts appropriated for the Indian Housing Block Grant Program under
			 title I of the Native American Housing and Self-Determination Act of
			 1996;
				(3)a set-aside each fiscal year of 0.75
			 percent of any amounts appropriated for the Rural Development Program (title
			 III); and
				(4)any amounts appropriated, transferred, or
			 credited to the Trust Fund under any provision of law.
				(e)Termination of
			 Trust FundThe Rehabilitation
			 Trust Fund shall terminate when, upon petition by the Navajo Nation, the
			 Secretary determines that the goals of the Trust Fund have been met. All funds
			 in the Trust Fund on such date shall be transferred to the Treasury.
			(f)Authorization of
			 appropriations; reimbursement of General FundThere is hereby authorized to be
			 appropriated for the Former Bennett Freeze Area Rehabilitation Trust Fund such
			 sums as may be necessary for each of fiscal years 2011 through 2025.
			5.Miscellaneous
			(a)Expansion of
			 ONHIR authoritySection 12 of
			 Public Law 93–531 (25 U.S.C. 640d–11(d)) is amended by adding at the end the
			 following:

					(4)The Commissioner
				is authorized to carry out a rehabilitation program to redress the effects of
				Federal development restrictions (commonly referred to as the Bennett
				Freeze) in the western portion of the Navajo Reservation. This program
				shall be limited to housing construction and renovation, infrastructure
				improvements, and economic development initiatives.
					(5)There are
				authorized to be appropriated such sums as may be necessary to carry out the
				program described in paragraph
				4.
					.
			(b)Navajo
			 Rehabilitation Trust FundSection 32 of Public Law 93–531 (25 U.S.C.
			 640d–30) is amended—
				(1)in the first
			 sentence of subsection (f), by striking and the United States has been
			 reimbursed for funds appropriated under subsection (f) of this
			 section;
				(2)in the first
			 sentence of subsection (g), by striking 1990, 1991, 1992, 1993, and
			 1994 and all that follows through the final period and inserting
			 2011, 2012, 2013, 2014, and 2015.; and
				(3)in subsection (g),
			 by striking the second sentence.
				(c)Relocation of
			 households and membersSection 1 of Public Law 93–531 (25 U.S.C.
			 640d) is amended by adding at the end the following new subsection:

					(f)The Navajo Nation
				has the right to negotiate and approve an Accommodation Agreement with the Hopi
				Tribe for any Navajo head of household residing on Hopi Partitioned Land that
				has not otherwise entered into an Accommodation Agreement but intends to remain
				on the Hopi Partitioned
				Land.
					.
			(d)Relinquishment
			 of accommodation agreement and eligibility for relocation
			 benefitsThe Navajo-Hopi Land
			 Dispute Settlement Act of 1996 is amended by adding a new section 13 as
			 follows:

					13.Relinquishment
				of accommodation agreement and eligibility for relocation
				benefitsNotwithstanding any
				other provision of this Act, the Settlement Agreement, or the Accommodation
				Agreement, any Navajo family that has entered into an Accommodation Agreement
				shall have the right—
						(1)to relinquish that
				Agreement at any time up until the closure of the Office of Navajo and Hopi
				Indian Relocation; and
						(2)after
				relinquishment under paragraph (1), to receive the full relocation benefits to
				which the family would otherwise have been entitled had the family not signed
				the Accommodation Agreement, including relocation housing, counseling, and
				other
				services.
						.
			(e)AppropriationsThere
			 are authorized to be appropriated such sums as are necessary to carry out the
			 programs set forth in the amendments made by this section. Funds appropriated
			 under this subsection shall be in addition to funds made available for use on
			 the Navajo and Hopi Reservations out of appropriations heretofore or hereafter
			 granted for the benefit, care, or assistance of Indians in general, or made
			 pursuant to other authorizations in effect on the date of the enactment of this
			 Act.


		III
		109th CONGRESS
		2d Session
		S. RES. 598
		IN THE SENATE OF THE UNITED STATES

			September 30
			 (legislative day, September 29), 2006
			Mr. Domenici (for
			 himself, Mr. Dodd,
			 Mr. Cochran, Mr. Inhofe, Mr.
			 Akaka, Mr. Pryor,
			 Mr. Talent, Ms.
			 Stabenow, Mr. Martinez,
			 Mr. Craig, Mr.
			 Kerry, Mr. Salazar,
			 Mr. Lieberman, Mr. Stevens, Mr.
			 Alexander, Mr. Rockefeller,
			 Mr. Johnson, Mr. Ensign, Mr.
			 Levin, Mr. Allen,
			 Mr. Durbin, Mr.
			 Biden, Mr. Voinovich,
			 Ms. Murkowski, Mrs. Dole, and Mr.
			 Enzi) submitted the following resolution; which was referred to the
			 Committee on the
			 Judiciary

			November 16, 2006
			Committee discharged; considered and agreed
			 to

		RESOLUTION
		Designating the week beginning October 15,
		  2006, as National Character Counts Week.

		Whereas the well-being of the United States requires that
			 the young people of the United States become an involved, caring citizenry with
			 good character;
		Whereas the character education of children has become
			 more urgent as violence by and against youth increasingly threatens the
			 physical and psychological well-being of the people of the United
			 States;
		Whereas more than ever, children need strong and
			 constructive guidance from their families and their communities, including
			 schools, youth organizations, religious institutions, and civic groups;
		Whereas the character of a nation is only as strong as the
			 character of its individual citizens;
		Whereas the public good is advanced when young people are
			 taught the importance of good character and the positive effects that good
			 character can have in personal relationships, in school, and in the
			 workplace;
		Whereas scholars and educators agree that people do not
			 automatically develop good character and that, therefore, conscientious efforts
			 must be made by institutions and individuals that influence youth to help young
			 people develop the essential traits and characteristics that comprise good
			 character;
		Whereas, although character development is, first and
			 foremost, an obligation of families, the efforts of faith communities, schools,
			 and youth, civic, and human service organizations also play an important role
			 in fostering and promoting good character;
		Whereas Congress encourages students, teachers, parents,
			 youth, and community leaders to recognize the importance of character education
			 in preparing young people to play a role in determining the future of the
			 United States;
		Whereas effective character education is based on core
			 ethical values, which form the foundation of democratic society;
		Whereas examples of character are trustworthiness,
			 respect, responsibility, fairness, caring, citizenship, and honesty;
		Whereas elements of character transcend cultural,
			 religious, and socioeconomic differences;
		Whereas the character and conduct of our youth reflect the
			 character and conduct of society, and, therefore, every adult has the
			 responsibility to teach and model ethical values and every social institution
			 has the responsibility to promote the development of good character;
		Whereas Congress encourages individuals and organizations,
			 especially those who have an interest in the education and training of the
			 young people of the United States, to adopt the elements of character as
			 intrinsic to the well-being of individuals, communities, and society;
		Whereas many schools in the United States recognize the
			 need, and have taken steps, to integrate the values of their communities into
			 their teaching activities; and
		Whereas the establishment of National Character Counts
			 Week, during which individuals, families, schools, youth organizations,
			 religious institutions, civic groups, and other organizations would focus on
			 character education, would be of great benefit to the United States: Now,
			 therefore, be it

		That the Senate—
			(1)designates the
			 week beginning October 15, 2006, as National Character Counts
			 Week; and
			(2)calls upon the
			 people of the United States and interested groups—
				(A)to embrace the
			 elements of character identified by local schools and communities, such as
			 trustworthiness, respect, responsibility, fairness, caring, and citizenship;
			 and
				(B)to observe the
			 week with appropriate ceremonies, programs, and activities.


115 S3325 IS: To amend the Federal Land Policy and Management Act of 1976 to provide for the eligibility of national grasslands for grazing leases and permits.
U.S. Senate
2018-08-01
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. 3325
		IN THE SENATE OF THE UNITED STATES

			August 1, 2018
			Mr. Thune introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

		A BILL
		To amend the Federal Land Policy and Management Act of 1976 to provide for the eligibility of
			 national grasslands for grazing leases and permits.

 1.Eligibility of national grasslands for grazing leases and permitsSection 402(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752(a)) is amended by striking lands within National Forests and inserting National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))) land.


117 HR 3064 IH: Inspector General Access Act of 2021
U.S. House of Representatives
2021-05-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 3064IN THE HOUSE OF REPRESENTATIVESMay 7, 2021Ms. Ross (for herself, Mr. Raskin, Mr. Issa, Mrs. Carolyn B. Maloney of New York, and Mr. Connolly) introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo amend the Inspector General Act of 1978 relative to the powers of the Department of Justice Inspector General.1.Short titleThis Act may be cited as the Inspector General Access Act of 2021.2.Investigations of Department of Justice personnelSection 8E of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—(1)in subsection (b)—(A)in paragraph (2), by striking and paragraph (3);(B)by striking paragraph (3);(C)by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and(D)in paragraph (4), as redesignated, by striking paragraph (4) and inserting paragraph (3); and(2)in subsection (d), by striking , except with respect to allegations described in subsection (b)(3),.


89 HR 3081 IH: To make certain irrigation districts eligible for Pick-Sloan Missouri Basin Program pumping power, and for other purposes.
U.S. House of Representatives
2021-05-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 3081IN THE HOUSE OF REPRESENTATIVESMay 11, 2021Mr. Armstrong introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo make certain irrigation districts eligible for Pick-Sloan Missouri Basin Program pumping power, and for other purposes.1.Eligibility of certain areas to receive Pick-Sloan Missouri Basin Program pumping powerSection 5(a) of Public Law 89–108 (79 Stat. 435; 100 Stat. 419; 114 Stat. 2763A–284) is amended by adding at the end the following:(6)Eligibility of certain irrigation districts to receive pumping power(A)Definition of eligible irrigation districtIn this paragraph, the term eligible irrigation district means an irrigation district that is located in—(i)the test area referred to in paragraph (1); or (ii)an area within the 28,000-acre area described in paragraph (3) that is analyzed by the Secretary but not developed under that paragraph.(B)EligibilityAn eligible irrigation district shall be eligible to receive Pick-Sloan Missouri Basin Program pumping power—(i)subject to any terms and at any rates established by the Secretary; and (ii)in accordance with a contract entered into under subparagraph (C). (C)Contract(i)In generalSubject to clause (ii), the Secretary may enter into a contract with an eligible irrigation district to provide Pick-Sloan Missouri Basin Program pumping power to the eligible irrigation district.(ii)RequirementNo Pick-Sloan Missouri Basin Program pumping power may be delivered to an eligible irrigation district under this paragraph until the date on which a contract authorizing the delivery to the irrigation district is executed under clause (i)..


114 HR 6536 IH: No School Bus Drivers with DUIs Act of 2016
U.S. House of Representatives
2016-12-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS 2d Session
H. R. 6536
IN THE HOUSE OF REPRESENTATIVES

December 30, 2016
Ms. Meng introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL
To prohibit the employment of school bus drivers with serious moving violations.

1.Short title This Act may be cited as the No School Bus Drivers with DUIs Act of 2016.  2.Prohibited employment of school bus drivers with serious moving violations (a)In generalSubpart 2 of part F of title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following:

8549D.Prohibited employment of school bus drivers with serious moving violations
(a)In generalNo State, State educational agency, or local educational agency that receives funds made available by this Act may employ an individual as a school bus driver if that individual has been convicted of, or pled guilty to, drunk driving or a driving violation that is a felony under State law.  (b)ProhibitionThe Secretary shall not have the authority to mandate, direct, or control the specific measures adopted by a State, State educational agency, or local educational agency pursuant to this section.
(c)Rule of constructionNothing in this section shall be construed to prevent a State, State educational agency, or local education agency from adopting a law, regulation, or policy that provides greater or additional protections prohibiting the employment of a school employee, contractor, or agent..  (b)Conforming amendmentsThe table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item related to section 8549C the following:

Sec. 8549D. Prohibited employment of school bus drivers with serious moving violations..
(c)Effective dateThe amendments made by this Act shall take effect on the date that is 2 years after the date of the enactment of this Act.


116 S1964 IS: Patsy T. Mink and Louise M. Slaughter Gender Equity in Education Act of 2019
U.S. Senate
2019-06-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1964IN THE SENATE OF THE UNITED STATESJune 25, 2019Ms. Hirono (for herself, Ms. Baldwin, Mr. Blumenthal, Ms. Cantwell, Ms. Cortez Masto, Mrs. Gillibrand, Ms. Harris, Ms. Hassan, Ms. Klobuchar, Mr. Markey, Mr. Merkley, Ms. Rosen, Mr. Schatz, Mrs. Shaheen, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo support educational entities in fully implementing title IX and reducing and preventing sex
			 discrimination in all areas of education, and for other purposes.

 1.Short titleThis Act may be cited as the Patsy T. Mink and Louise M. Slaughter Gender Equity in Education Act of 2019. 2.Findings Congress finds the following:
 (1)Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (in this Act referred to as title IX) and the implementing regulations of title IX prohibit sex discrimination in federally funded education programs and activities.
 (2)Although title IX requires that schools treat students equally with regard to athletic participation opportunities, athletic scholarships, and the benefits and services provided to athletic teams, female participation rates, especially for girls of color, lag far behind male participation rates. Currently, only 2/3 of Black and Latina girls play sports, and barely over 1/2 of Asian-American girls play sports, compared to more than 3/4 of White girls. Female student athletes have been found to have higher levels of self-esteem and to be more likely to graduate from high school than female students who do not play sports. Although the availability of athletic scholarships facilitates access to higher education, many schools fail to award proportional athletic financial aid to women, which can affect their long-term employment outcomes and economic security.
 (3)Although title IX ensures gender equity in career and technical education, women are severely underrepresented in fields nontraditional to their gender. A recent study by the National Coalition for Women and Girls in Education indicated that women make up more than 80 percent of workers with training or certification in historically women-dominated occupations that pay less than $30,000 per year, including child care, early childhood education, home care, and cosmetology. Women represent less than 40 percent of workers trained or certified in high-paying and historically male-dominated fields, including transportation, advanced manufacturing, and construction.
 (4)Although title IX ensures gender equity in the fields of science, technology, engineering, and mathematics (in this section referred to as STEM) education, women are disproportionately lost at nearly every stage of the STEM pipeline. A recent report by the National Center for Education Statistics showed that women earned only 32 percent of all STEM degrees in 2017, and nearly 1/2 of these women were White. Women of color earned about 12 percent of STEM degrees in that same year. Furthermore, in STEM fields where women are particularly underrepresented, such as computing and engineering, women earned an even smaller percentage of degrees, including only 19 percent of computing bachelor's degrees, and 21 percent of engineering bachelor's degrees.
 (5)Although title IX prohibits sex discrimination in employment in federally funded education programs, a recent report by the American Association of University Women found that women comprise only 36 percent of tenured faculty and 30 percent of university presidents. A similar study by the National Science Foundation confirmed that women only hold 34 percent of all tenured and tenure-track positions, and 27 percent of full professor positions in STEM fields. Furthermore, Black and Latina women, together, hold only 4 percent of all tenured and tenure-track positions, and barely over 2 percent of full professor positions in STEM fields. Asian-American women hold around 5 percent of all tenured and tenure-track positions, and less than 3 percent of full professor positions in STEM fields.
 (6)Although title IX protects against sexual and sex-based harassment and violence, more than 50 percent of girls and 40 percent of boys in grades 7 through 12 experience sexual harassment each year, and approximately 10 percent of high school students experience dating violence each year. A recent GLSEN report indicated that 87 percent of lesbian, gay, bisexual, transgender, queer, and questioning (referred to in this section as LGBTQ) students have experienced harassment or assault based on a personal characteristic, and nearly 66 percent have experienced LGBTQ-related verbal harassment at school based on sexual orientation. Research has shown that LGBTQ students who experience harassment at school are more likely to experience depression and anxiety, to engage in unhealthy and antisocial behaviors, and to have more unexcused absences from school.
 (7)Although title IX prohibits discrimination on the basis of pregnancy or parenting status, the limited availability of accommodations for pregnancy-related conditions, including medical absences, and the limited access to school-related activities for pregnant and parenting students, are the leading reasons that parenting mothers drop out of high school. A recent report by the National Women's Law Center indicated that only 1/2 of teenage mothers earn a high school diploma by the age of 22, compared with 89 percent of women who do not have a child during their teenage years, and that 1/3 of young mothers will never get a diploma or GED, further limiting continuing opportunities for education and employment.
 (8)Although title IX protects against discrimination based on stereotypes of actual or perceived sex (including sexual orientation or gender identity), many people carry implicit or unconscious biases that can unintentionally influence attitudes, beliefs, behaviors, and decisionmaking processes. Research has shown that unconscious biases can impact classroom environments, teaching methods, student evaluations, disciplinary practices, and career and counseling guidance, particularly for students who are pursuing nontraditional fields.
 3.DefinitionsIn this Act: (1)ESEA definitionsThe terms elementary school, institution of higher education, local educational agency, secondary school, and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
 (2)DirectorThe term Director means the Director of the Office for Gender Equity established under section 5(a). (3)Educational entityThe term educational entity means any of the following entities that receive Federal funds:
 (A)A State educational agency. (B)A local educational agency.
 (C)An institution of higher education. (D)An elementary school or secondary school.
 (4)SecretaryThe term Secretary means the Secretary of Education. (5)Title ix coordinatorThe term title IX coordinator means a responsible employee, as described in section 106.8(a) of title 34, Code of Federal Regulations, designated to coordinate efforts under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.).
 4.PurposesThe purposes of this Act are to— (1)promote gender equity in education in the United States;
 (2)support educational entities so that such entities have the support to fully implement title IX; (3)provide title IX coordinators with training, technical assistance, and support to fully carry out their roles and responsibilities;
 (4)increase general awareness about the rights and obligations of individuals and entities under title IX;
 (5)identify, implement, and disseminate best practices for reducing and preventing sex discrimination in all areas of education;
 (6)promote educational environments that are safe and free of sexual and sex-based bullying, harassment, and violence; and
 (7)promote equity in education for students who face discrimination based on multiple characteristics, including—
 (A)race; (B)ethnicity;
 (C)national origin; (D)disability status;
 (E)religion; (F)age; or
 (G)actual or perceived sex (including sexual orientation or gender identity). 5.Establishment of an Office for Gender Equity (a)In generalThe Secretary shall establish an Office for Gender Equity. The Director of the Office for Gender Equity shall be the Special Assistant for Gender Equity, as authorized under section 202(b)(3) of the Department of Education Organization Act (20 U.S.C. 3412(b)(3)). The Director of the Office for Gender Equity shall report directly to the Secretary.
 (b)DutiesThe Office for Gender Equity shall be responsible for the following: (1)Supporting educational entities in the full implementation of title IX.
 (2)Providing title IX coordinators with training, technical assistance, and support to fully carry out their roles and responsibilities.
 (3)Providing grants to implement programs and activities that are focused on reducing and preventing sex discrimination in all areas of education.
 (4)Identifying and disseminating best practices for reducing and preventing sex discrimination in all areas of education.
 (5)Maintaining an Office of Gender Equity resource center website to disseminate best practices in achieving gender equity.
 (6)Performing any other activity consistent with achieving the purposes of this Act. (c)CoordinationTo carry out the purposes of this Act, the Secretary shall coordinate with other relevant Federal offices and agencies, including—
 (1)the Office for Civil Rights of the Department of Education; (2)the Institute of Education Sciences;
 (3)the White House Council on Women and Girls; (4)the Women's Bureau of the Department of Labor;
 (5)the Office on Women's Health of the Department of Health and Human Services; (6)the Civil Rights Division of the Department of Justice;
 (7)the Office on Violence Against Women of the Department of Justice; (8)the Centers for Disease Control and Prevention;
 (9)the Office of Safe and Healthy Students of the Department of Education; and (10)other entities determined relevant for carrying out the purposes of this Act.
				6.Support for title ix coordinators
 (a)In generalThe Director shall provide coordination, training, technical assistance, and support for title IX coordinators to ensure that educational entities are able to fully implement title IX and reduce and prevent sex discrimination in all areas of education.
			(b)Title IX coordinator training
 (1)In generalNot less than once a year, the Director shall conduct a training for all title IX coordinators. The training may be conducted in partnership with a national organization with relevant expertise, and may be completed online or in person.
 (2)Contents of trainingThe training described in paragraph (1) shall include the following information: (A)The role and responsibility of title IX coordinators.
 (B)Best practices for increasing awareness about rights and obligations under title IX. (C)Best practices for investigating and responding to claims of violations of title IX.
 (D)Best practices for identifying and preventing implicit and explicit sex discrimination in all areas of education, including—
 (i)recruitment and admissions; (ii)teaching practices, textbooks, and curricula;
 (iii)campus safety and security; (iv)financial assistance;
 (v)access to facilities, resources, and housing; (vi)access to course offerings;
 (vii)student health services and insurance benefits; (viii)counseling and career guidance;
 (ix)athletics; (x)discipline policies;
 (xi)employment; and (xii)other areas that the Director determines are relevant for such purposes.
						(3)Application of Training
 (A)In GeneralThe Director shall take steps to ensure that the trainings described in paragraph (1)— (i)are adapted, as necessary, to address issues of sex discrimination at all levels of education;
 (ii)are updated with the latest evidence-based best practices; and (iii)address recent trends in sex discrimination.
 (B)Attention to discrimination based on multiple characteristicsThe Director shall take steps to ensure that such trainings include attention to students who face discrimination based on multiple characteristics, including—
 (i)race; (ii)ethnicity;
 (iii)national origin; (iv)disability status;
 (v)religion; (vi)age; or
 (vii)actual or perceived sex (including sexual orientation or gender identity). (C)EvaluationThe Director shall—
 (i)develop and conduct pre- and post-training evaluations to assess the effectiveness of such trainings in improving the knowledge of the roles and responsibilities of title IX coordinators; and
 (ii)use such evaluations to update the title IX coordinator trainings annually.
 (c)Handbook for conducting title IX compliance self-EvaluationsThe Director shall develop a handbook for conducting self-evaluations of compliance with title IX in all areas of education, as described in subsection (b)(2)(D).
 (d)Assessment of title IX coordinator supportThe Director shall collect relevant data and statistics on all title IX coordinators, including salary information, budgets, and primary roles, in order to make recommendations for improving title IX coordinator support.
 (e)DisseminationThe Director shall ensure that the workplace contact information of all title IX coordinators and any training materials or information developed under this section are made available on the Office of Gender Equity resource center website, described in section 5(b)(5).
			7.Support for local implementation
			(a)Grants authorized
 (1)In generalThe Secretary, acting through the Director, is authorized to award grants to eligible entities to support such eligible entities in fully implementing title IX and reducing and preventing sex discrimination in all areas of education.
 (2)Eligible EntityIn this section, the term eligible entity means— (A)a State educational agency;
 (B)a local educational agency; (C)an institution of higher education;
 (D)an elementary school or secondary school; or (E)a partnership consisting of—
 (i)an entity described in subparagraphs (A) through (D); and (ii)a national organization with relevant expertise, or another entity that the Secretary determines has relevant expertise.
 (b)Use of fundsAn eligible entity receiving a grant shall use such funds to carry out programs and activities designed to fully implement title IX and prevent and reduce sex discrimination, including programs and activities that—
 (1)increase awareness of and counteract sex stereotypes, biases, and discrimination; (2)include trainings for students, teachers, faculty, and all personnel to learn about best practices for reducing and preventing sex discrimination in all areas of education;
 (3)increase access to campus resources, facilities, and course offerings; (4)support title IX coordinators in performing outreach, advocacy, and education about title IX and reducing and preventing sex discrimination;
 (5)are aimed at identifying patterns or systemic problems in compliance with title IX; (6)strengthen prevention education and awareness programs regarding sexual and sex-based harassment and violence;
 (7)conduct and analyze campus climate and victimization surveys; (8)include institutional assessment activities to identify areas and causes of gender inequities;
 (9)make efforts to improve progress on gender equity indicators as described in subsection (c)(2)(A); and
 (10)make efforts to improve accuracy in measurement, data collection, and reporting of gender equity indicators as described in subsection (c)(2)(A).
				(c)Applications
 (1)In generalAn eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
 (2)Contents of applicationEach application submitted by an eligible entity under this section shall include the following: (A)A description of locally defined and documented gender equity needs and priorities, which may include any of the following indicators:
 (i)Academic indicators, including performance on State assessments, enrollment, admission, attrition, time to completion, and graduation rates.
 (ii)Civil rights data, including statistics on bullying, harassment, violence, discipline, and expulsion.
 (iii)Campus climate and victimization data. (iv)Employment data.
 (v)Attendance and absenteeism data. (vi)Evidence of burden on title IX coordinators, including coordinator to student ratio and competing responsibilities.
 (vii)Other documentation of need that the Secretary determines is relevant. (B)A description of the evidence that will serve as the basis for the activities that the eligible entity proposes to carry out using grant funds under this section.
 (C)A description of the activities that the eligible entity proposes to carry out using grant funds under this section.
 (D)A description of how the proposed activities will be adapted, as necessary, to meet the needs of students who face discrimination based on multiple characteristics, including—
 (i)race; (ii)ethnicity;
 (iii)national origin; (iv)disability status;
 (v)religion; (vi)age; or
 (vii)actual or perceived sex (including sexual orientation or gender identity). (E)A description of how the proposed activities will help the eligible entity fully implement title IX.
 (F)A description of a plan for how the proposed activities under this section will continue with local support following completion of the grant period and termination of Federal funding.
 (G)A description of how the proposed activities are a significant component of a comprehensive plan for gender equity in education and full implementation of title IX.
 (d)Rule of constructionNothing in this section shall be construed as prohibiting persons of any sex or gender from participating in any of the programs or activities funded under this section.
			(e)Award basis
 (1)Merit reviewGrants shall be awarded under this section on a competitive basis. (2)Priorities (A)In GeneralThe Secretary shall establish criteria for determining which eligible entities shall have priority in receiving a grant under this section.
 (B)Level of priorityThe criteria described in subparagraph (A) may include a consideration of the extent to which the application demonstrates that the eligible entity—
 (i)has demonstrated a high need for gender equity assistance based on indicators described in subsection (c)(2)(A) and a high commitment to addressing these issues;
 (ii)will address the needs of students who face discrimination based on multiple characteristics, including—
 (I)race; (II)ethnicity;
 (III)national origin; (IV)disability status;
 (V)religion; (VI)age; or
 (VII)actual or perceived sex (including sexual orientation or gender identity); (iii)has not previously received assistance under this section;
 (iv)will address relevant issues of national significance through solutions that can be replicated; (v)will implement an institutional change strategy with a long-term impact that will continue to be a central activity of the eligible entity upon termination of the grant; and
 (vi)will serve a high percentage of low-income students. (C)Special ruleTo the extent practicable, the Secretary shall ensure that grants awarded under this section, for each fiscal year, address—
 (i)all levels of education, including— (I)elementary and secondary education;
 (II)undergraduate and graduate education; (III)postdoctoral education and research;
 (IV)career and technical education; and (V)adult education;
 (ii)all regions of the United States; and (iii)urban, rural, and suburban educational entities.
						(f)Evaluation and dissemination
				(1)Evaluation
 (A)In GeneralEach eligible entity that receives a grant under this section shall conduct an assessment about the extent to which the eligible entity made progress on the indicators under subsection (c)(2)(A).
 (B)AssessmentAn eligible entity may work in partnership with the Institute of Education Sciences to conduct such assessment.
 (C)Use by secretaryNot later than 1 year after receiving the grant award, the eligible entity shall submit a report to the Secretary containing the results of such assessment. The Secretary shall use those reports in order to build the knowledge base on promising models for preventing and reducing sex discrimination across all areas and levels of education.
 (2)DisseminationThe Secretary shall coordinate with the Director of the Institute of Education Sciences and other relevant Federal offices and agencies to—
 (A)ensure that the results of the activities carried out under this section are made readily available on the Office for Gender Equity resource center website; and
 (B)widely disseminate the results described in subparagraph (A) to relevant Federal offices, agencies, educational entities, and the general public.
					8.Research and development
 (a)In generalThe Secretary shall coordinate with the Director of the Institute of Education Sciences and other relevant Federal offices and agencies and entities to investigate, identify, and disseminate best practices to fully implement title IX and reduce and prevent sex discrimination in all areas of education, including—
 (1)the reduction and prevention of sex stereotyping, bias, and discrimination in curricula, textbooks, software, and other educational materials;
 (2)the development of policies and programs to— (A)address and prevent sexual and sex-based harassment and violence; and
 (B)ensure that campuses are free from threats to the safety of students, teachers, faculty, and personnel;
 (3)the development and evaluation of— (A)counseling and career guidance training; and
 (B)programs to reduce and prevent sex stereotyping, bias, and discrimination;
 (4)best practices for mitigating implicit bias in teaching, discipline, and all areas of education; (5)best practices for addressing the needs of students who face discrimination based on multiple characteristics, including—
 (A)race; (B)ethnicity;
 (C)national origin; (D)disability status;
 (E)religion; (F)age; or
 (G)actual or perceived sex (including sexual orientation or gender identity); and (6)other activities that the Secretary determines are consistent with the purposes of this Act.
 (b)DisseminationThe best practices described under subsection (a) shall be published on the Office for Gender Equity resource center website, as described in section 5(b)(5), and the What Works Clearinghouse website of the Institute of Education Sciences.
			9.Report; dissemination
 (a)Report to CongressNot later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Secretary shall publish a report on the steps the Department of Education has taken to—
 (1)support educational entities in fully implementing title IX and reducing and preventing sex discrimination;
 (2)provide coordination, training, and resources for title IX coordinators to fully carry out their roles and responsibilities; and
 (3)promote equity in education for students who face discrimination based on multiple characteristics, including—
 (A)race; (B)ethnicity;
 (C)national origin; (D)disability status;
 (E)religion; (F)age; or
 (G)actual or perceived sex (including sexual orientation or gender identity). (b)DisseminationThe Secretary shall coordinate with the Director of the Institute of Education Sciences and the heads of relevant Federal agencies to ensure that the results of trainings, activities, evaluations, and research developments under this Act are made readily available on the Office for Gender Equity resource center website and disseminated widely to other relevant Federal agencies and offices, educational entities, and the general public.
 10.Rule of ConstructionNothing in this Act shall be construed— (1)as modifying any provision of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or
 (2)as affecting the enforcement of such title by the Department of Education, the Department of Justice, or any other Federal agency.
			11.Authorization of appropriations
 (a)In generalThere are authorized to be appropriated to carry out this Act $80,000,000 for each of fiscal years 2020 through 2025.
 (b)UseFrom amounts made available to carry out this Act for each fiscal year, the Secretary shall use not less than $70,000,000 of such amounts to award grants under section 7.


115 HR 5043 IH: Fresh Start Act of 2018
U.S. House of Representatives
2018-02-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 5043IN THE HOUSE OF REPRESENTATIVESFebruary 15, 2018Mr. Cohen (for himself, Mr. Blumenauer, Mr. Carson of Indiana, Mr. Cummings, Mr. Grijalva, Mr. Hastings, Mr. Johnson of Georgia, Ms. Moore, and Ms. Norton) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo permit expungement of records of certain nonviolent criminal offenses, and for other purposes.

 1.Short titleThis Act may be cited as the Fresh Start Act of 2018. 2.Expungement of criminal records for certain nonviolent offenders (a)In generalChapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following new subchapter:

					DExpungement

							Sec.
							3631. Expungement of certain criminal records in limited circumstances.
							3632. Requirements for expungement.
							3633. Procedure for expungement.
							3634. Effect of expungement.
							3635. Reversal of expunged records.
						3631.Expungement of certain criminal records in limited circumstances
 (a)In generalAny eligible individual convicted of a nonviolent offense may file a petition under this subchapter for expungement with regard to that nonviolent offense.
 (b)Definition of nonviolent offenseIn this subchapter, the term nonviolent offense means any offense under this title that— (1)is not a crime of violence (as such term is defined in section 16 of title 18, United States Code); or
 (2)is not an offense that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
 3632.Requirements for expungementAn individual is eligible for expungement under this subchapter if that individual— (1)at the time of filing, had never been convicted of any criminal offense (including any offense under State law) other than nonviolent offenses committed in a single criminal episode that includes the offense for which expungement is sought; and
 (2)has fulfilled all requirements of the sentence of the court in which the individual was convicted of that nonviolent offense, including—
 (A)paying all fines, restitutions, or assessments; (B)completion of any term of imprisonment or period of probation;
 (C)meeting all conditions of a supervised release; and (D)if so required by the terms of the sentence, remaining free from dependency on or abuse of alcohol or a controlled substance for a period of not less than 1 year.
								3633.Procedure for expungement
 (a)PetitionA petition for expungement may be filed only in the court in which the petitioner was convicted of the nonviolent offense for which expungement is sought. The clerk of the court shall serve that petition on the United States Attorney for that district. Except as provided under subsection (d), not later than 60 days after service of such petition, the United States Attorney may submit recommendations to the court and provide a copy of those recommendations to the petitioner.
 (b)Submission of evidenceThe petitioner and the Government may file with the court evidence relating to the petition. (c)Basis for decisionIn making a decision on the petition, the court shall consider all evidence and weigh the interests of the petitioner against the best interests of justice and public safety.
 (d)Subsequent petitionIf the court denies the petition, the petitioner may not file another such petition until the date that is 2 years after the date of such denial.
							(e)Mandatory grant of petition
 (1)In generalExcept as provided in paragraph (2), the court shall grant the petition of an eligible petitioner who files the petition on a date that is not earlier than the date that is 7 years after the date on which the petitioner has fulfilled all requirements of the sentence. The United States Attorney may not submit recommendations under subsection (a) with regard to that petition.
 (2)ExceptionsThe court may not grant under this subsection the petition of a petitioner who has committed a nonviolent offense that is one of the following:
 (A)Any offense under this title that causes the petitioner to be required to register under the Sexual Offender Registration and Notification Act.
 (B)Any offense under this title that causes a victim or victims to sustain a loss of not less than $25,000.
									3634.Effect of expungement
 (a)In generalAn order granting expungement under this subchapter shall restore the individual concerned, in the contemplation of the law, to the status such individual occupied before the arrest or institution of criminal proceedings for the nonviolent offense that was the subject of the expungement.
 (b)No disqualification; statementsAn individual whose petition under this subchapter is granted shall not be required to divulge information pertaining to the nonviolent offense with regard to which expungement is sought, nor shall such individual be held under any provision of law guilty of perjury, false answering, or making a false statement by reason of the failure of the individual to recite or acknowledge such arrest or institution of criminal proceedings, or results thereof, in response to an inquiry made of the individual for any purpose. The fact that such individual has been convicted of the nonviolent offense concerned shall not operate as a disqualification of such individual to pursue or engage in any lawful activity, occupation, or profession.
 (c)Records expunged or sealedExcept as provided under section 3635, on the grant of a petition under this subchapter, the following shall be expunged:
 (1)Any official record relating to the arrest of the petitioner, the institution of criminal proceedings against the petitioner, or the results thereof (including conviction) for the nonviolent offense with regard to which expungement is sought.
 (2)Any reference in any official record to the arrest of the petitioner, the institution of criminal proceedings against the petitioner, or the results thereof (including conviction) for the nonviolent offense with regard to which expungement is sought.
 (d)ExceptionsThe Attorney General may make rules providing for exceptions to subsection (c) as the Attorney General determines necessary to serve the interests of justice and public safety.
 (e)Reversal of expungementThe records or references expunged under this subchapter shall be restored by operation of law as public records and may be used in all court proceedings if the individual is convicted of any Federal or State offense after the date of expungement.
							3635.Disclosure of expunged records
 (a)Record of disposition To Be retainedThe Attorney General shall retain an unaltered nonpublic copy of— (1)any record that is expunged; and
 (2)any record containing a reference that is expunged. (b)Law enforcement purposesThe Attorney General shall maintain a nonpublic index of the records described under subsection (a) containing, for each such record, only the name of, and alphanumeric identifiers that relate to, the individual who is the subject of such record, the word expunged, and the name of the person, agency, office, or department that has custody of the expunged record, and shall not name the offense committed. The index shall be made available only to an entity to which records may be made available under subsection (d) or to any Federal or State law enforcement agency that has custody of such records.
							(c)Authorized disclosures
 (1)In generalExcept as provided in paragraph (2), any record described in subsection (a) pertaining to an individual may be made available only—
 (A)to a Federal or State court or Federal, State, or local law enforcement agency, in the case of a criminal investigation or prosecution of an individual or in conducting a background check on an individual who has applied for employment by such court or agency; or
 (B)to any State or local agency with responsibility for the issuance of licenses to possess firearms, in the case of an individual applying for such a license.
 (2)Authorized disclosure to individualsOn application of the individual to whom a record described under subsection (a) pertains, that record may be made available to the individual.
 (d)Punishment for improper disclosureWhoever intentionally makes or attempts to make a disclosure, other than a disclosure authorized under subsection (c), of any record or reference that is expunged under this subchapter shall be fined under this title or imprisoned not more than one year, or both..
 (b)Clerical amendmentThe table of subchapters at the beginning of chapter 229 of title 18, United States Code, is amended by adding at the end the following item:

						D.Expungement3631.
 (c)Effective dateThe amendments made by this Act shall apply to individuals convicted of an offense before, on, or after the date of the enactment of this Act.
			3.Incentive payments under the Byrne grants program for States to implement certain expungement
 procedures and requirementsSection 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end the following new subsection:

				(i)Payment incentives for States To implement certain expungement procedures and requirements
					(1)Payment incentives
 (A)BonusIn the case of a State that receives funds for a fiscal year (beginning with fiscal year 2018) under this subpart and that has in effect throughout the State for such fiscal year laws to provide for expungement with respect to certain criminal records that are substantially similar to the Federal rights, procedures, requirements, effects, and penalties set forth in subchapter D of chapter 229 of title 18, United States Code, the amount of funds that would otherwise be allocated under this subpart to such State for such fiscal year shall be increased by 5 percent.
 (B)PenaltyIn the case of a State that receives funds for a fiscal year (beginning with fiscal year 2018) under this subpart and that does not have in effect throughout the State for such fiscal year laws to provide for expungement with respect to certain criminal records that are substantially similar to the Federal rights, procedures, requirements, effects, and penalties set forth in subchapter D of chapter 229 of title 18, United States Code, the amount of such funds that would otherwise be allocated under this subpart to such State for such fiscal year shall be decreased by 5 percent.
 (2)ReportsThe Attorney General shall submit to the Committee of the Judiciary of the House of Representatives and the Committee of the Judiciary of the Senate an annual report (which shall be made publicly available) that, with respect to the year involved—
 (A)lists the States that have (and those States which do not have) in effect throughout the State laws to provide for expungement with respect to certain criminal records that are substantially similar to the Federal rights, procedures, requirements, effects, and penalties set forth in subchapter D of chapter 229 of title 18, United States Code; and
 (B)describes the increases granted to States under paragraph (1)(A), the penalties imposed on States under paragraph (1)(B), and the amounts that States being penalized under paragraph (1)(B) would have received if such States had in effect laws described in subparagraph (A) of this paragraph. (3)Authorization of appropriationsThere is authorized to be appropriated to carry out this subsection for each of the fiscal years 2019 through 2024, in addition to funds made available under section 508, such sums as may be necessary, but not to exceed the amount that is 5 percent of the total amount appropriated pursuant to such section for such fiscal year..


115 S556 IS: For the relief of Joseph Gabra and Sharon Kamel.
U.S. Senate
2017-03-07
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.

VI115th CONGRESS1st SessionS. 556IN THE SENATE OF THE UNITED STATESMarch 7, 2017Mrs. Feinstein introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLFor the relief of Joseph Gabra and Sharon Kamel.

		1.Permanent resident status for Joseph
			 Gabra and Sharon Kamel
			(a)In
 generalNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151), Joseph Gabra and Sharon Kamel shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act (8 U.S.C. 1154) or for adjustment of status to lawful permanent resident.
			(b)Adjustment of
 statusIf Joseph Gabra or Sharon Kamel enters the United States before the filing deadline specified in subsection (c), Joseph Gabra or Sharon Kamel shall be considered to have entered and remained lawfully in the United States and shall be eligible for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) as of the date of the enactment of this Act.
			(c)Application and
 payment of feesSubsections (a) and (b) shall apply only if the applications for the issuance of immigrant visas or the applications for adjustment of status are filed with appropriate fees not later than two years after the date of the enactment of this Act.
			(d)Reduction of
 immigrant visa numbersUpon the granting of immigrant visas or permanent residence to Joseph Gabra and Sharon Kamel, the Secretary of State shall instruct the proper officer to reduce by two, during the current or next following fiscal year—
 (1)the total number of immigrant visas that are made available to natives of the country of birth of Joseph Gabra and Sharon Kamel under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)); or
 (2)if applicable, the total number of immigrant visas that are made available to natives of the country of birth of Joseph Gabra and Sharon Kamel under section 202(e) of that Act (8 U.S.C. 1152(e)).
 (e)PAYGOThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.


115 HR 2945 IH: Congressional Personal Safety Act
U.S. House of Representatives
2017-06-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2945IN THE HOUSE OF REPRESENTATIVESJune 20, 2017Mr. Jody B. Hice of Georgia introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo grant Members of Congress the right to carry a firearm anywhere in the United States, except in the United States Capitol.
1.Short titleThis Act may be cited as the Congressional Personal Safety Act. 2.Right of Member of Congress to carry a firearm anywhere in the United States, except in the United States Capitol (a)In generalChapter 44 of title 18, United States Code, is amended by inserting after section 926C the following:

926D.Carrying of firearms by Members of Congress
(a)A Member of Congress who is carrying the identification required by subsection (b) and who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm may carry a firearm for any lawful purpose— (1)in any State, notwithstanding any law, rule, or regulation of the State or any political subdivision thereof; and
(2)in the Capitol Buildings (as described in section 5101 of title 40, United States Code) other than the United States Capitol, and on the United States Capitol Grounds (as described in section 5102 of such title), notwithstanding section 5104(e)(1) of such title.  (b)The identification required by this subsection is the photographic identification issued by a House of the Congress that identifies the person photographed as a Member of that House.
(c)In this section, the term Member of Congress means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress.. (b)Clerical amendmentThe table of sections for such chapter is amended by inserting after the item relating to section 926C the following:

926D. Carrying of firearms by Member of Congress..


		III
		110th CONGRESS
		2d Session
		S. RES. 602
		IN THE SENATE OF THE UNITED STATES

			June 25, 2008
			Mr. Nelson of Nebraska
			 (for himself, Mr. Chambliss,
			 Mr. Whitehouse, Mr. Johnson, and Mr.
			 Smith) submitted the following resolution; which was referred to
			 the Committee on Banking, Housing, and
			 Urban Affairs

		RESOLUTION
		Supporting the goals and ideals of
		  “National Life Insurance Awareness Month”.

		Whereas life insurance is an essential part of a sound
			 financial plan;
		Whereas life insurance provides financial security for
			 families by helping surviving members meet immediate and long-term financial
			 obligations and objectives in the event of a premature death in their
			 family;
		Whereas approximately 68,000,000 United States citizens
			 lack the adequate level of life insurance coverage needed to ensure a secure
			 financial future for their loved ones;
		Whereas life insurance products protect against the
			 uncertainties of life by enabling individuals and families to manage the
			 financial risks of premature death, disability, and long-term care; and
		Whereas numerous groups supporting life insurance have
			 designated September 2008 as “National Life Insurance Awareness Month” to
			 encourage consumers to take the actions necessary to achieve financial security
			 for their loved ones: Now, therefore, be it

		That the Senate—
			(1)supports the
			 goals and ideals of “National Life Insurance Awareness Month”; and
			(2)calls on the
			 Federal Government, States, localities, schools, nonprofit organizations,
			 businesses, and the citizens of the United States to observe the month with
			 appropriate programs and activities.