		II
		112th CONGRESS
		1st Session
		S. 393
		IN THE SENATE OF THE UNITED STATES

			February 17, 2011
			Mr. Reed (for himself,
			 Mr. Grassley, Mr. Begich, Mr.
			 Blumenthal, Ms. Collins,
			 Mr. Kerry, Mr.
			 Lautenberg, Mr. Sanders,
			 Ms. Stabenow, and
			 Mr. Whitehouse) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To aid and support pediatric involvement in reading and
		  education.

		1.Short titleThis Act may be cited as the
			 Prescribe A Book
			 Act.
		2.DefinitionsIn this Act:
			(1)Eligible
			 entityThe term eligible entity means a nonprofit
			 organization that has, as determined by the Secretary, demonstrated
			 effectiveness in the following areas:
				(A)Providing
			 peer-to-peer training to healthcare providers in research-based methods of
			 literacy promotion as part of routine pediatric health supervision
			 visits.
				(B)Delivering a
			 training curriculum through a variety of medical education settings, including
			 residency training, continuing medical education, and national pediatric
			 conferences.
				(C)Providing
			 technical assistance to local healthcare facilities to effectively implement a
			 high-quality Pediatric Early Literacy Program.
				(D)Offering
			 opportunities for local healthcare facilities to obtain books at significant
			 discounts, as described in section 7.
				(E)Integrating the
			 latest developmental and educational research into the training curriculum for
			 healthcare providers described in subparagraph (B).
				(2)Pediatric Early
			 Literacy ProgramThe term Pediatric Early Literacy
			 Program means a program that—
				(A)creates and
			 implements a 3-part model through which—
					(i)healthcare
			 providers, doctors, and nurses, trained in research-based methods of early
			 language and literacy promotion, encourage parents to read aloud to their young
			 children, and offer developmentally appropriate recommendations and strategies
			 to parents for the purpose of reading aloud to their children;
					(ii)healthcare
			 providers, at health supervision visits, provide each child between the ages of
			 6 months and 5 years a new, developmentally appropriate children’s book to take
			 home and keep; and
					(iii)volunteers in
			 waiting areas of healthcare facilities read aloud to children, modeling for
			 parents the techniques and pleasures of sharing books together;
					(B)demonstrates,
			 through research published in peer-reviewed journals, effectiveness in
			 positively altering parent behavior regarding reading aloud to children, and
			 improving expressive and receptive language in young children; and
				(C)receives the
			 endorsement of nationally recognized medical associations and academies.
				(3)SecretaryThe
			 term Secretary means the Secretary of Education.
			3.Program
			 authorizedThe Secretary is
			 authorized to award grants to eligible entities to enable the eligible entities
			 to implement Pediatric Early Literacy Programs.
		4.ApplicationsAn eligible entity that desires to receive a
			 grant under section 3 shall submit an application to the Secretary at such
			 time, in such manner, and including such information as the Secretary may
			 reasonably require.
		5.Matching
			 requirementAn eligible entity
			 receiving a grant under section 3 shall provide, either directly or through
			 private contributions, non-Federal matching funds equal to not less than 50
			 percent of the grant received by the eligible entity under section 3. Such
			 matching funds may be in cash or in-kind.
		6.Use of grant
			 funds
			(a)In
			 generalAn eligible entity
			 receiving a grant under section 3 shall—
				(1)enter into contracts with private nonprofit
			 organizations, or with public agencies, selected based on the criteria
			 described in subsection (b), under which each contractor will agree to
			 establish and operate a Pediatric Early Literacy Program;
				(2)provide such
			 training and technical assistance to each contractor of the eligible entity as
			 may be necessary to carry out this Act; and
				(3)include such
			 other terms and conditions in an agreement with a contractor as the Secretary
			 determines to be appropriate to ensure the effectiveness of such
			 programs.
				(b)Contractor
			 criteriaEach contractor shall be selected under subsection
			 (a)(1) on the basis of the extent to which the contractor gives priority to
			 serving a substantial number or percentage of at-risk children,
			 including—
				(1)children from
			 families with an income below 200 percent of the poverty line (as defined by
			 the Office of Management and Budget and revised annually in accordance with
			 section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))
			 applicable to a family of the size involved, particularly such children in
			 high-poverty areas;
				(2)children without
			 adequate medical insurance;
				(3)children enrolled
			 in a State Medicaid program, established under title XIX of the Social Security
			 Act (42 U.S.C. 1396 et seq.) or in the State Children's Health Insurance
			 Program established under title XXI of such Act (42 U.S.C. 1397aa et
			 seq.);
				(4)children living
			 in rural areas;
				(5)migrant children;
			 and
				(6)children with
			 limited access to libraries.
				7.Restriction on
			 paymentsThe Secretary shall
			 make no payment to an eligible entity under this Act unless the Secretary
			 determines that the eligible entity or a contractor of the eligible entity, as
			 the case may be, has made arrangements with book publishers or distributors to
			 obtain books at discounts that are at least as favorable as discounts that are
			 customarily given by such publisher or distributor for book purchases made
			 under similar circumstances in the absence of Federal assistance.
		8.Reporting
			 requirementAn eligible entity
			 receiving a grant under section 3 shall report annually to the Secretary on the
			 effectiveness of the program implemented by the eligible entity and the
			 programs instituted by each contractor of the eligible entity, and shall
			 include in the report a description of each program.
		9.Authorization of
			 appropriationsThere are
			 authorized to be appropriated to carry out this Act $15,000,000 for fiscal year
			 2012 and such sums as may be necessary for each of the succeeding 4 fiscal
			 years.


110 HR 5662 IH: Putting Our Resources Towards Security

U.S. House of Representatives
2008-03-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 5662
		IN THE HOUSE OF REPRESENTATIVES

			March 31, 2008
			Mr. Reyes introduced
			 the following bill; which was referred to the
			 Committee on Homeland
			 Security, and in addition to the Committees on
			 Ways and Means,
			 Agriculture, and
			 Transportation and
			 Infrastructure, for a period to be subsequently determined by
			 the Speaker, in each case for consideration of such provisions as fall within
			 the jurisdiction of the committee concerned

		A BILL
		To enhance the safety of ports of entry in the United
		  States, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Putting Our Resources Towards Security
			 (PORTS) Act.
		2.Increase in number of
			 Customs and Border Protection Officers
			(a)Customs and
			 Border Protection OfficersDuring the 5-year period between fiscal
			 years 2009 and 2013, the Secretary of Homeland Security shall, subject to the
			 availability of appropriations for such purpose, increase by not fewer than
			 5,000 the total number of full-time, active-duty Customs and Border Protection
			 Officers within United States Customs and Border Protection for posting at
			 United States ports of entry above the number of such officers for which funds
			 were made available during fiscal year 2008.
			(b)Agriculture
			 specialistsDuring the 5-year period between fiscal years 2009
			 and 2013, the Secretary of Homeland Security shall, subject to the availability
			 of appropriations for such border security purposes, increase by not fewer than
			 a total of 1,200 the number of full-time Customs and Border Protection
			 agriculture specialists for United States ports of entry above the number of
			 such support personnel for which funds were made available during fiscal year
			 2008.
			(c)Border security
			 support personnelDuring the
			 5-year period between fiscal years 2009 and 2013, the Secretary of Homeland
			 Security shall, subject to the availability of appropriations for such purpose,
			 increase by not fewer than a total of 350 the number of full-time border
			 security support personnel for United States ports of entry above the number of
			 such support personnel for which funds were made available during fiscal year
			 2008.
			3.Improving ports
			 of entry for border security and other purposes
			(a)In
			 generalThere are authorized
			 to be appropriated to the Administrator of the General Services Administration
			 $1,000,000,000 for each of fiscal years 2009 through 2013 to make improvements
			 to existing ports of entry in the United States to improve border security and
			 for other purposes.
			(b)PriorityIn
			 making improvements described in subsection (a), the Administrator of the
			 General Services Administration, in coordination with the Commissioner of
			 Customs and Border Protection, shall give priority to the ports of entry that
			 the Administrator determines are in most need of repair to improve border
			 security and for other purposes in accordance with port of entry infrastructure
			 assessment studies required in section 603 of title VI, division E, of the
			 Consolidated Appropriations Act of 2008 (Public Law 101–161).


110 HR 2731 IH: Safe Tissue

U.S. House of Representatives
2007-06-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 2731
		IN THE HOUSE OF REPRESENTATIVES

			June 14, 2007
			Mr. Pallone (for
			 himself and Mr. Gene Green of Texas)
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To improve the oversight and regulation of tissue banks
		  and the tissue donation process, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Safe Tissue
			 Act.
		2.DefinitionsIn this Act:
			(1)EstablishmentThe
			 term establishment has the meaning given such term in section
			 1271.3 of title 21, Code of Federal Regulations (or any successor
			 regulation).
			(2)Human cells,
			 tissues, or cellular or tissue-based productsThe term
			 human cells, tissues, or cellular or tissue-based products has the
			 meaning given such term is section 1271.3 of title 21, Code of Federal
			 Regulations (or any successor regulation).
			(3)SecretaryThe
			 term Secretary means the Secretary of Health and Human
			 Services.
			3.Inspections and
			 audits by the Food and Drug Administration
			(a)Inspections of
			 tissue banks
				(1)In
			 generalNotwithstanding section 1271.400(b) of title 21, Code of
			 Federal Regulations, the Food and Drug Administration shall inspect each
			 establishment regulated by such section not less than once every 2
			 years.
				(2)User
			 feesThe Secretary may establish a user fee program applicable to
			 each establishment under part 1271 of title 21, Code of Federal Regulations, to
			 fund the inspections required by paragraph (1).
				(b)Audits of tissue
			 banksThe Food and Drug Administration shall conduct periodic
			 audits of all documentation submitted by each establishment under part 1271 of
			 title 21, Code of Federal Regulations, to determine compliance with all
			 applicable requirements, including those requirements related to
			 ensuring—
				(1)that human cells,
			 tissues, or cellular or tissue-based products are obtained by the establishment
			 legally;
				(2)that donor
			 eligibility and donor medical history interviews are based on accurate
			 information that was not provided or obtained in a fraudulent manner;
			 and
				(3)current good tissue
			 practice.
				4.Development of
			 model consent form
			(a)In
			 generalThe Secretary shall publish in the Federal Register a
			 model form containing minimum requirements for establishments to use in
			 obtaining consent from a potential donor, or the legally authorized
			 representative of a potential donor, of human cells, tissues, or cellular or
			 tissue-based products.
			(b)ContentThe
			 model form under subsection (a) shall include—
				(1)requirements for
			 obtaining consent from a potential donor, or the legally authorized
			 representative of a potential donor, regarding—
					(A)the type of human
			 cells, tissues, or cellular or tissue-based product to be donated;
					(B)the purpose for
			 which such human cells, tissues, or cellular or tissue-based products shall be
			 used, such as transplantation for medical purposes, transplantation for
			 cosmetic purposes, therapy, research, or medical education; and
					(C)other matters as
			 determined appropriate by the Secretary;
					(2)a
			 requirement that an establishment provide assurance to the Secretary and a
			 potential donor, or the legally authorized representative of a potential donor,
			 that such an establishment will only obtain consent directly from such donor or
			 representative; and
				(3)a
			 requirement that an establishment—
					(A)provide, upon
			 request, to the potential donor, or the legally authorized representative of a
			 potential donor, a description of the recovery process for human cells,
			 tissues, or cellular or tissue-based products;
					(B)inform such donor
			 or representative of the right to receive such a description; and
					(C)inform such donor
			 or representative of whether the establishment is accredited under the
			 regulations promulgated by the Secretary pursuant to section 5.
					(c)Use of model
			 formThe Secretary shall promulgate regulations requiring that
			 establishments provide and obtain no less information than that specified in
			 the model form under subsection (a) prior to accepting a donation of human
			 cells, tissues, or cellular or tissue-based products.
			(d)Enforcement
				(1)Failure to
			 comply with requirementsAn establishment, or an individual
			 employed by an establishment, that fails to comply with the requirements of the
			 model form under subsection (a) shall be subject to a civil penalty of not more
			 than $5,000.
				(2)Use of fraudulent
			 informationAn establishment, or an individual employed by an
			 establishment, that knowingly uses fraudulent information for, or fraudulent
			 means of, obtaining the consent described under the model form under subsection
			 (a) shall be—
					(A)fined not more
			 than $10,000, or imprisoned for not more than 6 months, or both, for the first
			 such violation; and
					(B)fined not more
			 than $250,000, or imprisoned for not more than 10 years, or both, for the
			 second and any subsequent such violation.
					(e)PreemptionThe
			 model form regulations promulgated under subsection (c) shall supercede any
			 provisions of the law with respect to obtaining consent from a potential donor,
			 or legally authorized representative of a potential donor, of human cells,
			 tissues, or cellular or tissue-based products, of the State in which an
			 establishment operates to the extent such law is less stringent than the
			 requirements imposed under such subsection.
			5.Accreditation of
			 establishments and personnel
			(a)In
			 generalThe Secretary shall
			 promulgate regulations to accredit—
				(1)establishments; and
				(2)the personnel of establishments who
			 participate in the recovery, processing, storage, labeling, packaging, or
			 distribution of human cells, tissues, or cellular or tissue-based
			 products.
				(b)Authority of
			 SecretaryIn promulgating the regulations under subsection (a),
			 the Secretary shall—
				(1)establish an
			 accreditation process modeled after the Joint Commission on Accreditation of
			 Healthcare Organizations; or
				(2)adopt an
			 accreditation process established by a private entity that is in effect as of
			 the date of enactment of this Act.
				6.Determination of
			 reasonable paymentsThe
			 Secretary shall promulgate regulations defining reasonable
			 payments for the purposes of section 301(c)(2) of the
			 National Organ Transplant Act (42 U.S.C. 274e(c)(2)), as
			 such section relates to human tissue and tissue-based products regulated under
			 part 1271 of title 21, Code of Federal Regulations.


I
111th CONGRESS 2d Session
H. R. 6174
IN THE HOUSE OF REPRESENTATIVES

September 22, 2010
Ms. Chu (for herself and Ms. Lee of California) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL
To direct the Secretary of Education to award grants to eligible entities to establish or expand linked learning pathways and a system of pathways, and for other purposes.

1.Short titleThis Act may be cited as the Linked Learning Pathways Affording College and Career Success Act.
2.FindingsThe Congress finds the following:
(1)Sixty-nine percent of students who drop out of high school say that they were not engaged in their high school curriculum or experience.
(2)Too many high school graduates are not prepared for the rigor of post-secondary education or training and 40 percent of high school seniors who enrolled in post-secondary education in 2006 had to take remedial courses.
(3)High schools need to transform to better serve the needs and interests of a diverse student population.
(4)Linked learning is an educational reform model that operates in smaller learning communities, career academies, themed high schools, regional occupational partnerships, and other educational contexts.
(5)Linked learning pathways have been used effectively to expose students, especially disadvantaged students, to opportunities in a variety of high pay, high growth, or high skill industries, including healthcare, science, technology, engineering, mathematics, the arts, law, and government.
(6)Research on career academies, one linked learning approach, demonstrates an 11 percent decrease in student drop out rates.
(7)Research demonstrates that students exposed to a combination of academic and career related curriculum that connects classroom learning to relevant experiences earned 18 percent more over a 4-year period after high school graduation.
(8)Strong intermediaries help to create lasting partnerships between schools and external stakeholders, and these partnerships are crucial to student success in a linked learning approach.
(9)Evidence on the effectiveness of career academies indicates that benefits occur—
(A)when students are scheduled to take a set of classes together each year, including at least two core academic classes and a career and technical education class related to the academy theme; and
(B)when teachers work as a team to integrate instruction across subjects and share responsibility for students for at least two years.
3.PurposesThe purposes of this Act are the following:
(1)To provide high school students with engaging, challenging, and meaningful secondary school pathways that integrate academic studies with practical career-focused opportunities.
(2)To increase the number of students who graduate from high school who are well prepared to pursue the full range of post-secondary education choices, including 4-year college, 2-year college, apprenticeship, military, technical training, and meaningful careers.
(3)To provide students with high quality public education options aligned with expectations in high pay, high growth, or high skill industries through a system of linked learning pathways.
(4)To turn low-performing schools around and provide students at these schools with a well rounded education.
(5)To prepare students for life-long citizenship.
4.DefinitionsFor purposes of this Act:
(a)Eligible EntityThe term eligible entity means a local educational agency partnered with a qualified intermediary and at least one stakeholder from 3 of the following categories, and may include other stakeholders:
(1)A post-secondary education institution.
(2)A business or industry group in a high pay, high growth, or high skill industry.
(3)A community based organization.
(4)A union or trade association.
(5)A parent organization.
(b)High Pay, High Growth, or High Skill IndustryThe term high pay, high growth, or high skill industry means an industry identified by the eligible entity and approved by the Secretary in consultation with the Secretary of Labor that—
(1)has a significant current or potential impact on the regional economy;
(2)brings net dollars into a region or is critical to attracting and sustaining businesses within the region;
(3)stimulates the growth of other supporting businesses, or the growth of other industries or economic sectors within the region;
(4)provides workers with competitive and family-supporting wages and benefits that increase the strength and vitality of the entire regional economy; and
(5)provides opportunities for career advancement.
(c)Linked Learning PathwaysThe term linked learning pathways means comprehensive, multi-year high school programs of study that integrate—
(1)a rigorous academic core aligned with entrance requirements for public colleges and universities in the State;
(2)a career and technical education component organized around themes in a high pay, high growth, or high skill industry or industry sector;
(3)a work-based learning component; and
(4)supplemental services.
(d)System of PathwaysThe term system of pathways means a district-wide strategy that provides students with a menu of options to participate in linked learning pathways.
(e)Qualified IntermediaryThe term qualified intermediary means an entity that has demonstrated expertise to build, sustain, and measure partnerships with entities such as employers, schools, community-based organizations, post-secondary education institutions, social service organizations, economic development organizations, and workforce systems, to broker services, resources, and supports to youth and the organizations and systems that are designed to serve them, including connecting employers to classrooms, designing and implementing linked learning pathways, developing curricula, delivering professional development, and connecting students to internships and other work-based learning opportunities.
(f)Graduation RateThe term graduation rate has the meaning given the term in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)), as clarified in section 200.19 of title 34, Code of Federal Regulations.
(g)SecretaryThe term Secretary means the Secretary of Education.
5.Grants authorized
(a)In GeneralThe Secretary, in consultation with the Secretary of Labor, and if appropriate other Federal agencies, shall award competitive grants to eligible entities to establish or expand linked learning pathways and a system of pathways.
(b)DurationEach grant awarded shall be for a minimum of a 3-year period and a maximum of a 5-year period and may be renewed based on performance and relative financial need as determined by the Secretary.
(c)PriorityThe Secretary shall give priority to applications from eligible entities with plans to accomplish at least 3 of the following:
(1)Serve students who attend persistently low-performing secondary schools with graduation rates below 60 percent and high concentrations of economically disadvantaged students.
(2)Offer multiple linked learning pathways.
(3)Encourage students to seek careers in fields in which the student’s gender, race, or ethnicity is under-represented, including science, technology, engineering, and mathematics fields.
(4)Increase high school completion levels and post-secondary education enrollment levels for traditionally under-represented students.
(5)Reduce the academic achievement gap.
(6)Utilize research-based practices to implement linked learning pathways.
(d)Matching Requirement
(1)In GeneralThe Secretary shall require each recipient of a grant under this Act to provide matching funds from non-Federal sources, including funding from the State, in an amount determined under paragraph (2).
(2)Determination of the Amount of Match
(A)Sliding ScaleSubject to subparagraph (B), the Secretary shall determine the amount of matching funds to require from a grantee based on a sliding fee scale that takes into account—
(i)the relative poverty of the population that the grantee targets; and
(ii)the ability of the grantee to obtain such matching funds.
(B)Maximum AmountThe Secretary may not require any grantee to provide matching funds in an amount that exceeds the amount of the grant award.
(3)In-Kind ContributionsThe Secretary shall permit grantees to match funds in whole or in part with in-kind contributions.
(4)ConsiderationNotwithstanding this subsection, the Secretary shall not consider an applicant’s ability to match funds when determining which applicants will receive grants under this Act.
(5)WaiverThe Secretary may waive the matching requirement under this subsection for eligible entities demonstrating financial hardship.
6.ApplicationEach eligible entity that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including the following:
(1)The quantifiable goals that the eligible entity intends to achieve through the implementation of linked learning pathways and a system of pathways, and a description of the measures of performance for those goals.
(2)A needs and resources assessment, including—
(A)an assessment of relevant district and school board policies;
(B)a demonstration of support from stakeholders;
(C)the demographic makeup of the student body to be served;
(D)student academic performance, graduation, and college attendance data;
(E)information on high pay, high growth, or high skill industries and job sectors in the district and surrounding region; and
(F)the industry and community partnership opportunities that can be leveraged to implement the linked learning pathways and the system of pathways to improve academic achievement and graduation rates.
(3)A plan for how the eligible entity will implement the linked learning pathways and the system of pathways, including the following:
(A)A description of the partnerships that are in place or that the eligible entity will develop to provide necessary support services to students, including partnerships with—
(i)high pay, high growth, or high skill industries and other business groups;
(ii)post-secondary education institutions and apprenticeship programs;
(iii)partnerships with qualified intermediaries;
(iv)community-based organizations and educators who are equipped to provide necessary support services to students; and
(v)other stakeholders, which may include stakeholders such as parent groups, organized labor groups, workforce investment boards, and community-based organizations.
(B)Information about the internal capacity of the eligible entity and its specific plans to implement linked learning pathways and a system of pathways, including—
(i)a description of the capacity of facilities the eligible entity plans to use;
(ii)an outreach strategy to inform parents, students, and community members about the opportunities and activities that will be available to students through grants under this Act;
(iii)a plan to facilitate effective middle to high school transitions for participating students;
(iv) a plan to ensure rigorous academics, the career and technical education theme of the Linked Learning pathway, and subsequent work based learning opportunities are meaningfully and coherently integrated as part of each participating student’s experience;
(v)a plan to ensure that students receive personalized and coherent learning experiences through activities such as facilitating smaller learning communities, cohort scheduling, and professional learning communities among staff that encourages frequent and effective collaboration for purposes of program coordination, curricular integration, and resolution of student problems;
(vi)budgeting, governance, curriculum, and scheduling autonomies that the eligible entity will grant to participating schools to ensure that linked learning pathways will meet individual student needs and reduce or eliminate barriers to effective implementation;
(vii)a plan to assign students to a high school with a career or thematic focus that, if possible, matches the linked learning pathway of their choice;
(viii)the means by which the eligible entity will encourage and support diverse learners and students with disabilities, including students with limited English proficiency, to participate in the opportunities and activities funded under this Act;
(ix)a plan to ensure that the eligible entity will not use the linked learning pathways and the system of pathways to track students into specific career themes or job placements and that various linked learning pathways that the eligible entity provides to students are of comparable rigor;
(x)a plan to address the staffing needs of the eligible entity, including a plan to hire teachers and staff with specialized skills, if needed, and to provide professional development and technical assistance;
(xi)a plan for sustainability, including plans to leverage non-Federal funding (including in-kind resources) to ensure continuing implementation of linked learning pathways and the system of pathways once the eligible entity exhausts federal funds;
(xii)a plan to create an advisory group or reconstitute an existing advisory group that meets not less than once per quarter and includes district personnel, members of teachers’ unions, school staff, industry partners, community partners, post secondary partners, parents, students, and others identified by the Secretary; and
(xiii)a plan to measure the progress of students in each linked learning pathway and compare their progress with the progress of other students using longitudinal data on individual student outcomes.
(C)A description of how grants awarded under this Act will compliment, reinforce, and not duplicate existing efforts, including—
(i)a description of how the eligible entity will leverage, coordinate, and integrate Federal, State, and local private and public funds to implement linked learning pathways and the system of pathways; and
(ii)a description of how a grant under this Act strengthens, leverages, does not duplicate, and aligns with efforts in the community that the eligible entity serves that are funded under the Workforce Investment Act of 1998, the Carl D. Perkins Career and Technical Education Improvement Act of 2006, and the No Child Left Behind Act of 2001.
(D)A description of how funds will facilitate a systemic approach to meet the comprehensive needs of students in order to facilitate students’ success in college, in their careers, and as citizens.
7.Eligible participantsAny student who attends a secondary school served by a local educational agency, including any student who attends a charter school, is eligible to participate in the linked learning pathways and the system of pathways funded under this Act that are available in the student’s school district.
8.Uses of funds
(a)Required ActivitiesThe eligible entity shall use grants awarded under this Act for the following:
(1)The eligible entity shall provide the planning time and resources necessary to design the linked learning pathways and the system of pathways.
(2)To facilitate high quality teaching and learning experiences to ensure that students have access to linked learning pathways, the eligible entity shall implement—
(A)a multidisciplinary and integrated curriculum, curriculum mapping, and curriculum alignment;
(B)professional development for teachers, school leaders, and staff, such as project based learning, interdisciplinary teaching and curriculum development, integration of career and technical education and thematic components with rigorous academic curricula and instruction, master scheduling, and interacting with and leveraging community and industry partnerships;
(C)technological support, including investments in data systems, performance based assessments to monitor and evaluate student progress, and investments in equipment and technology either relevant to a specific pathway or used to assign students to a pathway; and
(D)activities that support effective implementation of Linked Learning pathways, such as common planning time, teacher release time, induction, and externships.
(3)To connect students to quality work-based learning opportunities, the eligible entity shall—
(A)develop coordinated, sequenced, and scaled work-based learning opportunities for students that are integrated with academic and technical coursework, which may include opportunities such as semester-long service-learning projects, mentorships, job shadowing, school enterprises, internships, and virtual apprenticeships;
(B)facilitate capacity building activities, which may include activities such as hiring full or part time district or school work-based learning coordinators to provide needed outreach to industry and community partners in order to encourage active community and business involvement in school and work-based learning activities or using funds to support such outreach with existing staff and existing staff scheduling; and
(C)provide technical assistance to employers to help them design work-based learning opportunities.
(4)To ensure students have access to supplemental support services as part of linked learning pathways, the eligible entity shall facilitate the development of—
(A)academic intervention;
(B)student supports, which may include supports such as health services, mental health services, child care, substance abuse treatment and prevention, housing, and other services to meet students’ comprehensive needs;
(C)transportation to linked learning pathway associated activities; and
(D)post-secondary education and career counseling.
(b)Allowable ActivitiesThe eligible entity may use grants awarded under this Act for the following:
(1)Activities designed to begin and sustain reforms by—
(A)providing students, employers, community based organizations, and other partners with outreach and recruitment activities;
(B)building a broad based coalition; and
(C)facilitating online and distance learning.
(2)Activities designed to leverage innovative ways to expand and enhance learning time, including—
(A)after school programs;
(B)extended day;
(C)applied learning opportunities both in and outside of school time;
(D)short-term service learning projects and other project-based learning;
(E)paid year-round and summer work opportunities; and
(F)summertime opportunities that help over-aged and under-credited students catch up and re-engage in their education.
(3)Other activities that the Secretary approves to implement the linked learning pathways and the system of pathways.
9.Reports and evaluation
(a)Annual ReportAn eligible entity that receives a grant under this Act shall submit an annual report to the Secretary at such time, in such manner, and providing such information as the Secretary may reasonably require, including—
(1)characteristics of the eligible entity;
(2)information about the system of pathways created, including leveraging of existing dollars and resources;
(3)the number of linked learning pathways created;
(4)the services and supports provided;
(5)data about student participation in work-based learning, service-learning, project-based learning, and other applied learning opportunities; and
(6)the educational and career related outcomes resulting from the activities funded under this Act, including—
(A)student academic achievement;
(B)student attendance;
(C)graduation rates;
(D)college attendance rates;
(E)success levels on performance-based tasks that demonstrate preparation for careers in high pay, high growth, or high skill industries; and
(F)progress of students in each linked learning pathway compared to other students in the district.
(b)EvaluationThe Secretary shall provide for an independent evaluation of the grants awarded under this Act that shall—
(1)include an analysis and documentation of the strategies implemented and the key lessons learned related to program design, systems coordination, and implementation;
(2)measure the outcomes and progress of the strategies implemented, including student enrollment in various school settings, academic gains (including literacy and numeracy gains as well as results on performance based assessments), academic and employment credentials earned, job and college placement, wages, and job and college retention over 2 years; and
(3)document the incremental progress of students over time based on the measures in paragraph (2).
10.Technical assistanceThe Secretary shall provide technical assistance to an eligible entity that receives a grant under this Act if the Secretary determines that such assistance is needed.
11.Best practices and information disseminationThe Secretary shall determine and disseminate best practices that emerge to support linked learning pathways to ensure that all high schools are aware of the program and the opportunities it provides to students to gain the knowledge and skills necessary to succeed in post-secondary education, careers, and as citizens.
12.Authorization of appropriations
(a)In GeneralThere are authorized to be appropriated to carry out this Act—
(1)$100,000,000 for fiscal year 2011; and
(2)such sums as may be necessary for each of fiscal years 2012 through 2015.
(b)AllocationOf the amounts appropriated to carry out this Act for each fiscal year, the Secretary shall use—
(1)90 percent for grants to eligible entities; and
(2)10 percent for—
(A)the evaluation of grants described in section 9(b);
(B)the technical assistance described in section 10; and
(C)the evaluation and dissemination of best practices described in section 11.


117 S2279 IS: Independent Agency Regulatory Analysis Act
U.S. Senate
2021-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2279IN THE SENATE OF THE UNITED STATESJune 24, 2021Mr. Portman (for himself, Mr. Lankford, Mr. Johnson, and Ms. Ernst) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo affirm the authority of the President to require independent regulatory agencies to comply with regulatory analysis requirements applicable to executive agencies, and for other purposes. 1.Short titleThis Act may be cited as the Independent Agency Regulatory Analysis Act.2.DefinitionsIn this Act—(1)the term Administrator means the Administrator of the Office of Information and Regulatory Affairs;(2)the term agency has the meaning given the term in section 3502(1) of title 44, United States Code;(3)the term economically significant rule means any rule that the Administrator determines is likely to—(A)have an annual effect on the economy of $100,000,000 or more; or(B)adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities;(4)the term independent regulatory agency has the meaning given the term in section 3502(5) of title 44, United States Code; and(5)the term rule—(A)means a rule, as defined in section 551 of title 5, United States Code; and(B)does not include a rule of the Board of Governors of the Federal Reserve System or the Federal Open Market Committee relating to monetary policy.3.Regulatory analysis by independent agencies(a)In generalThe President may by Executive order require an independent regulatory agency to comply, to the extent permitted by law, with regulatory analysis requirements applicable to other agencies, including the requirements to—(1)identify the problem that the agency intends to address by a new rule (including, where applicable, the failures of private markets or public institutions that warrant new agency action) and assess the significance of that problem;(2)examine whether any existing rule (or other law) has created, or contributed to, the problem that a new rule is intended to correct and whether the existing rule (or other law) should be modified to achieve the intended goal of the new rule more effectively;(3)identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, or providing information upon which choices can be made by the public;(4)consider to the extent reasonable in setting regulatory priorities, the degree and nature of the risks posed by various substances or activities within its jurisdiction;(5)design its rules in the most cost-effective manner to achieve the regulatory objective and, in doing so, consider incentives for innovation, consistency, predictability, the costs of enforcement and compliance (to the Federal Government, regulated entities, and the public), flexibility, distributive impacts, and equity;(6)assess the costs and the benefits of the intended rule and, recognizing some costs and benefits are difficult to quantify, propose or adopt a rule only upon a reasoned determination that the benefits of the rule justify its costs;(7)base its rulemaking decisions on the best reasonably obtainable scientific, technical, economic, and other information concerning the need for, and consequences of, the intended rule;(8)identify and assess alternative forms of regulation and, to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt;(9)seek the views of appropriate State, local, and Tribal officials before imposing regulatory requirements that might significantly or uniquely affect State, local, or Tribal governmental entities, whenever feasible;(10)avoid rules that are inconsistent or incompatible with, or duplicative of, other rules of the independent regulatory agency or other agencies;(11)tailor rules to impose the least burden on society, including individuals, businesses of differing sizes, and other entities (including small communities and governmental entities), consistent with achieving the regulatory objectives, and taking into account, among other factors, and to the extent practicable, the cost of cumulative rules;(12)draft each rule to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from uncertainty; and(13)periodically review its existing economically significant rules to determine whether any such rules should be modified, streamlined, expanded, or repealed so as to make the regulatory program of the agency more effective or less burdensome in achieving the regulatory objectives.(b)Economically significant rulesFor any proposed or final rule identified by an independent regulatory agency as, or determined by the Administrator to be, an economically significant rule, the President may by Executive order require the independent regulatory agency to provide to the Administrator and publish with the proposed and final rule the following information, to the extent permitted by law:(1)An assessment, including the underlying analysis, of benefits anticipated from the rule together with, to the extent feasible, a quantification of those benefits.(2)An assessment, including the underlying analysis, of costs anticipated from the rule together with, to the extent feasible, a quantification of those costs.(3)An assessment, including the underlying analysis, of costs and benefits of potentially effective and reasonably feasible alternatives to the rule, identified by the agencies or the public, including improving existing regulations and reasonably viable nonregulatory actions, and an explanation of why the planned regulatory action is preferable to the identified potential alternatives.(c)Review by office of information and regulatory affairs(1)Requirement to seek reviewThe President may, by Executive order, require an independent regulatory agency to submit to the Administrator for review—(A)any proposed economically significant rule, either prior to publication of the notice of proposed rulemaking or, if the head of the independent regulatory agency elects, during the general public comment period; and(B)any final economically significant rule, prior to publication of the final rule.(2)Nonbinding assessmentAn Executive order issued under this Act may require that, not later than 90 days after the independent regulatory agency submits a proposed or final economically significant rule for review, the Administrator submit for inclusion in the rulemaking record the assessment of the Administrator of the extent to which the independent regulatory agency has complied with any of the regulatory analysis requirements made applicable by Executive order.(3)Determination and explanation by independent agencyAn Executive order issued under this Act may require that, if the Administrator concludes under paragraph (2) that the independent regulatory agency did not comply with 1 or more requirements of the Executive order with respect to a proposed or final economically significant rule, the head of the independent regulatory agency that issued the economically significant rule shall include with the final rule—(A)a determination that the rule complies with the specified requirement or requirements and an explanation of that determination; and(B)if applicable, an explanation why the independent regulatory agency did not comply with one or more of the specified requirements, based on the statutory provision authorizing the rule.4.Limitation on judicial review(a)In generalThe compliance or noncompliance of an independent regulatory agency with the requirements of an Executive order issued under this Act shall not be subject to judicial review.(b)Agency recordWhen an action for judicial review of a rule promulgated by an independent regulatory agency is instituted, any determination, analysis, or explanation produced by the independent regulatory agency, and any assessment produced by the Administrator, pursuant to an Executive order issued under this Act, shall constitute part of the whole record of agency action in connection with the review.(c)Rule of constructionNothing in this section shall be construed to bar judicial review of any other impact statement or similar analysis required by any other provision of law if judicial review of the statement or analysis is otherwise permitted by law.5.Rule of constructionNothing in this Act shall be construed to limit the authority of the President with respect to independent regulatory agencies under any other applicable law.


		II
		110th CONGRESS
		2d Session
		S. 2735
		IN THE SENATE OF THE UNITED STATES

			March 7, 2008
			Mr. Reed (for himself
			 and Mr. Hagel) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To establish the Council on Healthy Housing, and for
		  other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Healthy Housing Council Act of
			 2008.
		2.FindingsCongress finds the following:
			(1)In the United
			 States—
				(A)6,000,000
			 households live in homes with moderate or severe physical hazards;
				(B)24,000,000 homes
			 have significant lead-based paint hazards;
				(C)11,000,000 homes
			 have had leaks in the last 12 months;
				(D)6,000,000 homes
			 have had signs of mice in the last 3 months; and
				(E)1 in 15 homes
			 have dangerous levels of radon.
				(2)Residents of
			 housing that is poorly designed, constructed, or maintained are at risk for
			 cancer, carbon monoxide poisoning, burns, falls, rodent bites, childhood lead
			 poisoning, asthma, and other illnesses and injuries. Vulnerable subpopulations,
			 such as children and the elderly, are at elevated risk for housing-related
			 illnesses and injuries.
			(3)Because
			 substandard housing typically poses the greatest risks, the disparities in the
			 distribution of housing-related health hazards are striking. 1,200,000 housing
			 units with significant lead-based paint hazards house low-income families with
			 children under 6 years of age.
			(4)Minority
			 populations also tend to be disproportionately affected by housing-related
			 illnesses, including lead poisoning and asthma. According to the Centers for
			 Disease Control and Prevention, non-Hispanic blacks and Mexican Americans are
			 approximately 3 times as likely to have elevated blood-lead levels, compared to
			 non-Hispanic whites. The non-Hispanic black population has an asthma mortality
			 rate 3 times greater than the rate for the non-Hispanic white
			 population.
			(5)The annual costs
			 for environmentally attributable childhood diseases in the United States,
			 including lead poisoning, asthma, and cancer, total $54,900,000,000. This
			 amount is approximately 3 percent of total health care costs.
			(6)Appropriate
			 housing design, construction, and maintenance, timely correction of
			 deficiencies, planning efforts, and low-cost preventative measures can reduce
			 the incidence of serious injury or death, improve the ability of residents to
			 survive in the event of a major catastrophe, and contribute to overall
			 well-being and mental health. Housing units that are kept lead-safe are
			 approximately 25 percent less likely to have another child with elevated blood
			 lead levels. Properly installed and maintained smoke alarms reduce the risk of
			 fire deaths by 50 percent.
			(7)Providing healthy
			 housing to families and individuals in the United States will help prevent an
			 estimated 240,000 elevated blood lead levels in young children, 11,000
			 unintentional injury deaths, 12,000,000 nonfatal injuries, 3,000 deaths in
			 house fires, 14,000 burn injuries, and 21,000 radon-associated lung cancer
			 deaths that occur in United States housing each year, as well as 20,000,000
			 asthma cases and 14,000,000 missed school days.
			(8)While there are
			 many programs in place to address housing-related health hazards, these
			 programs are fragmented and spread across many agencies, making it difficult
			 for at-risk families and individuals to access assistance or to receive
			 comprehensive information.
			(9)Better
			 coordination among Federal agencies is needed, as is better coordination at
			 State and local levels, to ensure that families and individuals can access
			 government programs and services in an effective and efficient manner.
			3.DefinitionsIn this Act, the following definitions shall
			 apply:
			(1)CouncilThe
			 term Council means the Interagency Council on Healthy Housing
			 established under section 4.
			(2)HousingThe
			 term housing means any form of residence, including rental
			 housing, homeownership, group home, or supportive housing arrangement.
			(3)Healthy
			 housingThe term healthy housing means housing
			 that is designed, constructed, rehabilitated, and maintained in a manner that
			 supports the health of the occupants of such housing.
			(4)Housing-related
			 health hazardThe term housing-related health
			 hazard means any biological, physical, or chemical source of exposure
			 or condition either in, or immediately adjacent to, housing, that can adversely
			 affect human health.
			(5)Low-income
			 families and individualsThe term low-income families and
			 individuals means any household or individual with an income at or below
			 200 percent of the Federal poverty line.
			(6)Poverty
			 lineThe term poverty line means the official
			 poverty line defined by the Office of Management and Budget based on the most
			 recent data available from the Bureau of the Census.
			(7)ProgramThe
			 term program includes any Federal, State, or local program
			 providing housing or financial assistance, health care, mortgages, bond and tax
			 financing, homebuyer support courses, financial education, mortgage insurance
			 or loan guarantees, housing counseling, supportive services, energy assistance,
			 or other assistance related to healthy housing.
			(8)ServiceThe
			 term service includes public and environmental health services,
			 housing services, energy efficiency services, human services, and any other
			 services needed to ensure that families and individuals in the United States
			 have access to healthy housing.
			4.Interagency
			 council on healthy housing
			(a)EstablishmentThere
			 is established in the executive branch an independent council to be known as
			 the Interagency Council on Healthy Housing.
			(b)ObjectivesThe
			 objectives of the Council are as follows:
				(1)To promote the
			 supply of and demand for healthy housing in the United States through capacity
			 building, technical assistance, education, and public policy.
				(2)To promote
			 coordination and collaboration among the Federal departments and agencies
			 involved with housing, public health, energy efficiency, emergency preparedness
			 and response, and the environment to improve services for families and
			 individuals residing in inadequate or unsafe housing and to make
			 recommendations about needed changes in programs and services with an emphasis
			 on—
					(A)maximizing the
			 impact of existing programs and services by transitioning the focus of such
			 programs and services from categorical approaches to comprehensive approaches
			 that consider and address multiple housing-related health hazards;
					(B)reducing or
			 eliminating areas of overlap and duplication in the provision and accessibility
			 of such programs and services;
					(C)ensuring that
			 resources, including assistance with capacity building, are targeted to and
			 sufficient to meet the needs of high-risk communities, families, and
			 individuals; and
					(D)facilitating
			 access by families and individuals to programs and services that help reduce
			 health hazards in housing.
					(3)To identify
			 knowledge gaps, research needs, and policy and program deficiencies associated
			 with inadequate housing conditions and housing-related illnesses and
			 injuries.
				(4)To help identify
			 best practices for achieving and sustaining healthy housing.
				(5)To help improve
			 the quality of existing and newly constructed housing and related programs and
			 services, including those programs and services which serve low-income families
			 and individuals.
				(6)To establish an
			 ongoing system of coordination among and within such agencies or organizations
			 so that the healthy housing needs of families and individuals are met in a more
			 effective and efficient manner.
				(c)MembershipThe
			 Council shall be composed of the following members:
				(1)The Secretary of
			 Health and Human Services.
				(2)The Secretary of
			 Housing and Urban Development.
				(3)The Administrator
			 of the Environmental Protection Agency.
				(4)The Secretary of
			 Energy.
				(5)The Secretary of
			 Labor.
				(6)The Secretary of
			 Veterans Affairs.
				(7)The Secretary of
			 the Treasury.
				(8)The Secretary of
			 Agriculture.
				(9)The Secretary of
			 Education.
				(10)The head of any
			 other Federal agency as the Council considers appropriate.
				(11)6 additional
			 non-Federal employee members, as appointed by the President to serve terms not
			 to exceed 2 years, of whom—
					(A)1 shall be a
			 State or local Government Director of Health or the Environment;
					(B)1 shall be a
			 State or local Government Director of Housing or Community Development;
					(C)2 shall represent
			 nonprofit organizations involved in housing or health issues; and
					(D)2 shall represent
			 for-profit entities involved in the housing, banking, or health insurance
			 industries.
					(d)Co-ChairpersonsThe
			 co-Chairpersons of the Council shall be the Secretary of Housing and Urban
			 Development and the Secretary of Health and Human Services.
			(e)Vice
			 chairEvery 2 years, the Council shall elect a Vice Chair from
			 among its members.
			(f)MeetingsThe
			 Council shall meet at the call of either co-Chairperson or a majority of its
			 members at any time, and no less often than annually.
			5.Functions of the
			 council
			(a)Relevant
			 activitiesIn carrying out the objectives described in section
			 4(b), the Council shall—
				(1)review Federal
			 programs and services that provide housing, health, energy, or environmental
			 services to families and individuals;
				(2)monitor,
			 evaluate, and recommend improvements in existing programs and services
			 administered, funded, or financed by Federal, State, and local agencies to
			 assist families and individuals in accessing healthy housing and make
			 recommendations about how such agencies can better work to meet the healthy
			 housing and related needs of low-income families and individuals; and
				(3)recommend ways
			 to—
					(A)reduce
			 duplication among programs and services by Federal agencies that assist
			 families and individuals in meeting their healthy housing and related service
			 needs;
					(B)ensure
			 collaboration among and within agencies in the provision and availability of
			 programs and services so that families and individuals are able to easily
			 access needed programs and services;
					(C)work with States
			 and local governments to better meet the needs of families and individuals for
			 healthy housing by—
						(i)holding meetings
			 with State and local representatives; and
						(ii)providing
			 ongoing technical assistance and training to States and localities in better
			 meeting the housing-related needs of such families and individuals;
						(D)identify best
			 practices for programs and services that assist families and individuals in
			 accessing healthy housing, including model—
						(i)programs linking
			 housing, health, environmental, human, and energy services;
						(ii)housing and
			 remodeling financing products offered by government, quasi-government, and
			 private sector entities;
						(iii)housing and
			 building codes and regulatory practices;
						(iv)existing and new
			 consensus specifications and work practices documents;
						(v)capacity building
			 and training programs that help increase and diversify the supply of
			 practitioners who perform assessments of housing-related health hazards and
			 interventions to address housing-related health hazards; and
						(vi)programs that
			 increase community awareness of, and education on, housing-related health
			 hazards and available assessments and interventions;
						(E)develop a
			 comprehensive healthy housing research agenda that considers health, safety,
			 environmental, and energy factors, to—
						(i)identify
			 cost-effective assessments and treatment protocols for housing-related health
			 hazards in existing housing;
						(ii)establish links
			 between housing hazards and health outcomes;
						(iii)track
			 housing-related health problems including injuries, illnesses, and
			 death;
						(iv)track housing
			 conditions that may be associated with health problems;
						(v)identify
			 cost-effective protocols for construction of new healthy housing; and
						(vi)identify
			 replicable and effective programs or strategies for addressing housing-related
			 health hazards;
						(4)hold biannual
			 meetings with stakeholders and other interested parties in a location
			 convenient for such stakeholders (or hold open Council meetings) to receive
			 input and ideas about how to best meet the healthy housing needs of families
			 and individuals;
				(5)maintain an
			 updated website of policies, meetings, best practices, programs and services,
			 making use of existing websites as appropriate, to keep people informed of the
			 Council's activities; and
				(6)work with member
			 agencies to collect and maintain data on housing-related health hazards,
			 illnesses, and injuries so that all data can be accessed in 1 place and to
			 identify and address unmet data needs.
				(b)Reports
				(1)By
			 membersEach year the head of each agency who is a member of the
			 Council shall prepare and transmit to the Council a report that briefly
			 summarizes—
					(A)each healthy
			 housing-related program and service administered by the agency and the number
			 of families and individuals served by each program or service, the resources
			 available in each program or service, as well as a breakdown of where each
			 program and service can be accessed;
					(B)the barriers and
			 impediments, including statutory or regulatory, to the access and use of such
			 programs and services by families and individuals, with particular attention to
			 the barriers and impediments experienced by low-income families and
			 individuals;
					(C)the efforts made
			 by each agency to increase opportunities for families and individuals,
			 including low-income families and individuals, to reside in healthy housing,
			 including how the agency is working with other agencies to better coordinate
			 programs and services; and
					(D)any new data
			 collected by each agency relating to the healthy housing needs of families and
			 individuals.
					(2)By the
			 councilEach year the Council shall prepare and transmit to the
			 President and the Congress, a report that—
					(A)summarizes the
			 reports required in paragraph (1);
					(B)utilizes recent
			 data to assess the nature of housing-related health hazards, and associated
			 illnesses and injuries, in the United States;
					(C)provides a
			 comprehensive and detailed description of the programs and services of the
			 Federal Government in meeting the needs and problems described in subparagraph
			 (B);
					(D)describes the
			 activities and accomplishments of the Council in working with Federal, State,
			 and local governments, nonprofit organizations and for-profit entities in
			 coordinating programs and services to meet the needs described in subparagraph
			 (B) and the resources available to meet those needs;
					(E)assesses the
			 level of Federal assistance required to meet the needs described in
			 subparagraph (B); and
					(F)makes
			 recommendations for appropriate legislative and administrative actions to meet
			 the needs described in subparagraph (B) and for coordinating programs and
			 services designed to meet those needs.
					6.Powers of the
			 council
			(a)HearingsThe
			 Council may hold such hearings, sit and act at such times and places, take such
			 testimony, and receive such evidence as the Council considers advisable to
			 carry out the purposes of this Act.
			(b)Information
			 from agenciesAgencies which are represented on the Council shall
			 provide all requested information and data to the Council as requested.
			(c)Postal
			 servicesThe Council may use the United States mails in the same
			 manner and under the same conditions as other departments and agencies of the
			 Federal Government.
			(d)Gifts
				(1)The Council may
			 accept, use, and dispose of gifts or donations of services or property.
				(2)The Council shall
			 adopt internal regulations governing the receipt of gifts or donations of
			 services or property similar to those described in part 2601 of title 5, Code
			 of Federal Regulations.
				(e)Contracts and
			 interagency agreementsThe Council may enter into contracts with
			 State, Tribal, and local governments, public agencies and private-sector
			 entities, and into interagency agreements with Federal agencies. Such contracts
			 and interagency agreements may be single-year or multi-year in duration.
			7.Council
			 personnel matters
			(a)Compensation of
			 members
				(1)Non-federal
			 employeesA member of the Council who is not an officer or
			 employee of the Federal Government shall be reasonably compensated for that
			 member's participation in the Council, including reimbursement for travel
			 expenses as described in subsection (b).
				(2)Federal
			 employeesA member of the Council who is an officer or employee
			 of the United States shall serve without compensation in addition to the
			 compensation received for services of the member as an officer or employee of
			 the Federal Government.
				(b)Travel
			 expensesThe members of the Council shall be allowed travel
			 expenses, including per diem in lieu of subsistence, at rates authorized for
			 employees of agencies under subchapter I of chapter 57 of title 5, United
			 States Code, while away from their homes or regular places of business in the
			 performance of services for the Council.
			(c)Staff
				(1)Executive
			 DirectorThe Council shall appoint an Executive Director at its
			 initial meeting. The Executive Director shall be compensated at a rate not to
			 exceed the rate of pay payable for level V of the Executive Schedule under
			 section 5316 of title 5, United States Code.
				(2)CompensationWith
			 the approval of the Council, the Executive Director may appoint and fix the
			 compensation of such additional personnel as necessary to carry out the duties
			 of the Council. The rate of compensation may be set without regard to the
			 provisions of chapter 51 and subchapter II of chapter 53 of title 5, United
			 States Code, relating to classification of positions and General Schedule pay
			 rates, except that the rate of pay may not exceed the rate payable for level V
			 of the Executive Schedule under section 5316 of such title.
				(d)Temporary and
			 intermittent servicesIn carrying out its objectives, the Council
			 may procure temporary and intermittent services of consultants and experts
			 under section 3109(b) of title 5, United States Code, at rates for individuals
			 which do not exceed the daily equivalent of the annual rate of basic pay
			 prescribed for level V of the Executive Schedule under section 5316 of such
			 title.
			(e)Detail of
			 government employeesUpon request of the Council, any Federal
			 Government employee may be detailed to the Council without reimbursement, and
			 such detail shall be without interruption or loss of civil service status or
			 privilege.
			(f)Administrative
			 supportThe Secretary of Housing and Urban Development shall
			 provide the Council with such administrative (including office space) and
			 supportive services as are necessary to ensure that the Council can carry out
			 its functions.
			8.Authorization of
			 appropriations
			(a)In
			 generalThere are authorized
			 to be appropriated to carry out this Act, $750,000 for each of fiscal years
			 2009 through 2013.
			(b)AvailabilityAmounts
			 authorized to be appropriated by subsection (a) shall remain available for the
			 2 fiscal years following such appropriation.


109 HR 3661 IH: Texas Educator Retirement Equity Act
U.S. House of Representatives
2005-09-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 3661
IN THE HOUSE OF REPRESENTATIVES

September 6, 2005
Mr. Paul introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend title II of the Social Security Act to replace the 60-month period of employment requirement for application of the Government pension offset exemption with the rule that last applied before section 418 of the Social Security Protection Act of 2004 was enacted.

1.Short titleThis Act may be cited as the Texas Educator Retirement Equity Act.
2.Restoration of earlier rule for application of Government pension offset exemption
(a)In generalSection 202(k)(5)(A) of the Social Security Act is amended (in the matter before clause (i)) by striking during any portion of the last 60 months of such service ending with and inserting on.
(b)Effective dateThe amendment made by subsection (a) shall apply with respect to applications for benefits under title II of the Social Security Act filed on or after the first day of the first month that begins after the date of the enactment of this Act.


		I
		111th CONGRESS
		1st Session
		H. R. 1992
		IN THE HOUSE OF REPRESENTATIVES

			April 21, 2009
			Ms. Clarke (for
			 herself and Mr. Conyers) introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend title 18, United States Code, to provide
		  penalties for individuals who engage in schemes to defraud aliens and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Immigration Fraud Prevention Act of
			 2009.
		2.Schemes to
			 defraud aliens
			(a)Amendments to
			 title 18
				(1)In
			 generalChapter 47 of title
			 18, United States Code, is amended by adding at the end the following new
			 section:

						1041.Schemes to
				defraud aliens
							(a)In
				generalAny person who willfully and knowingly executes a scheme
				or artifice, in connection with any matter that is authorized by or arises
				under Federal immigration laws or any matter the offender willfully and
				knowingly claims or represents is authorized by or arises under Federal
				immigration laws, to—
								(1)defraud any
				person; or
								(2)obtain or receive
				money or anything else of value from any person by means of false or fraudulent
				pretenses, representations, promises,
								shall be
				fined under this title, imprisoned not more than 5 years, or both.(b)MisrepresentationAny
				person who willfully, knowingly, and falsely represents that such person is an
				attorney or an accredited representative (as that term is defined in section
				1292.1 of title 8, Code of Federal Regulations or any successor regulation to
				such section) in any matter arising under Federal immigration laws shall be
				fined under this title, imprisoned not more than 5 years, or
				both.
							.
				(2)Clerical
			 amendmentThe table of
			 sections for chapter 47 of title 18, United States Code, is amended by adding
			 after the item related to section 1040 the following:

							1041. Schemes to defraud
				aliens.

						.
				(b)Investigation of
			 schemes To defraud aliensThe Attorney General and the Secretary
			 of Homeland Security shall use the Executive Office of Immigration Review to
			 detect and investigate individuals who are in violation of section 1041 of
			 title 18, United States Code, as added by subsection (a)(1).
			3.Notice and
			 outreach
			(a)Notice to aliens
			 in immigration proceedings
				(1)In
			 generalSubparagraph (E) of section 239(a)(1) of the Immigration
			 and Nationality Act (8 U.S.C. 1229(a)(1)) is amended to read as follows:

						(E)(i)The alien may be
				represented by counsel and the alien will be provided—
								(I)a period of time to secure counsel under
				subsection (b)(1); and
								(II)a current list of counsel prepared under
				subsection (b)(2).
								(ii)A description of who may represent
				the alien in the proceedings, including a notice that immigration consultants,
				visa consultants, and other unauthorized individuals may not provide that
				representation.
							.
				(2)List of
			 disciplined practitionersSubsection (b) of section 239 of the
			 Immigration and Nationality Act (8 U.S.C. 1229) is amended—
					(A)by redesignating
			 paragraph (3) as paragraph (6); and
					(B)by inserting after
			 paragraph (2) the following new paragraphs:

							(3)List of
				disciplined practitionersThe Attorney General shall provide for
				lists (updated no less often than quarterly) of persons who are prohibited for
				providing representation in immigration proceedings.
							(4)Foreign language
				materialsThe materials required to be provided to an alien under
				this subsection shall be provided in appropriate languages, including English
				and Spanish.
							(5)Oral
				notificationAt the earliest possible opportunity, an immigration
				judge shall orally advise an alien in a removal proceeding of the information
				described in paragraphs (2) and
				(3).
							.
					(b)Outreach to
			 immigrant communities
				(1)Authority To
			 conductThe Attorney General, through the Director of the
			 Executive Office for Immigration Review, and the Secretary of Homeland Security
			 shall carry out a program to educate aliens regarding who may provide legal
			 services and representation to aliens in immigration proceedings through
			 cost-effective outreach to immigrant communities.
				(2)PurposeThe
			 purpose of the program authorized under paragraph (1) is to prevent aliens from
			 being subjected to fraud by immigration consultants, visa consultants, and
			 other individuals who are not authorized to provide legal services or
			 representation to aliens.
				(3)AvailabilityThe
			 Attorney General and the Secretary of Homeland Security shall make information
			 regarding fraud by immigration consultants, visa consultants, and other
			 individuals who are not authorized to provide legal services or representation
			 to aliens available—
					(A)at appropriate
			 offices that provide services or information to aliens; and
					(B)through Internet
			 websites that are—
						(i)maintained by the
			 Attorney General or the Secretary; and
						(ii)intended to
			 provide information regarding immigration matters to aliens.
						(4)Foreign language
			 materialsAny educational materials used to carry out the program
			 authorized under paragraph (1) shall be made available to immigrant communities
			 in appropriate languages, including English and Spanish.


114 HR 1122 IH: Supporting Mexico Against Corruption Act
U.S. House of Representatives
2021-02-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1122IN THE HOUSE OF REPRESENTATIVESFebruary 18, 2021Mr. Gallagher introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo require the imposition of sanctions pursuant to the Global Magnitsky Human Rights Accountability Act to combat corruption and human rights violations perpetrated by officials in the Mexican Government, and for other purposes.1.Short titleThis Act may be cited as the Supporting Mexico Against Corruption Act.2.Global Magnitsky sanctions with respect to certain government officials that engage in corruption or human rights abuses in Mexico(a)In generalNot later than 120 days after the date of the enactment of this Act, and as appropriate thereafter, the President shall impose the sanctions described in subsection (c) with respect to each foreign person described in subsection (b) if the President has credible evidence that the foreign person has knowingly engaged in any of the activities described in section 1263(a)(3) of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note).(b)Foreign persons describedA foreign person described in this subsection is a foreign person who is—(1)a current or former official of the Government of Mexico; or(2)acting on behalf of, or in cooperation with, an official of such Government.(c)Sanctions described(1)In generalThe sanctions described in this subsection are the sanctions described in section 1263(b) of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note).(2)Exception for intelligence activitiesThe requirement to impose sanctions under this section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), or any authorized intelligence activities of the United States.(d)WaiverThe President may waive the imposition of the sanctions under this section with respect to a foreign person if the President determines and reports to the appropriate congressional committees that such waiver is—(1)in the national security interests of the United States; or(2)necessary to prevent undue economic harm to the people of Mexico.(e)Implementation(1)In generalThe President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.(2)Exception relating to the importation of goodsThe authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods.(3)Good definedIn this subsection, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment and excluding technical data.(f)PenaltiesA person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.(g)Report on implementationNot later than 15 days after imposing sanctions under subsection (a), the President shall submit to the appropriate congressional committees a report regarding measures taken to implement this section.3.DefinitionsIn this Act:(1)Appropriate congressional committeesThe term appropriate congressional committees means—(A)the Committee on Foreign Affairs, the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Financial Services, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives; and(B)the Committee on Foreign Relations, the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the Senate.(2)Foreign personThe term foreign person means an individual or entity that is not a United States person.(3)United States personThe term United States person means—(A)a United States citizen or an alien lawfully admitted for permanent residence to the United States; or(B)an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.


114 HR 6487 IH: Taxpayer Protections and Market Access for Mortgage Finance Act of 2016
U.S. House of Representatives
2016-12-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I114th CONGRESS2d SessionH. R. 6487IN THE HOUSE OF REPRESENTATIVESDecember 8, 2016Mr. Royce (for himself and Ms. Moore) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committees on Agriculture, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo require Fannie Mae and Freddie Mac to engage in credit risk transfer transactions, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Taxpayer Protections and Market Access for Mortgage Finance Act of 2016. 2.Credit risk-transfer transactions (a)Requirement for enterprisesSubpart A of part 2 of subtitle A of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4541 et seq.) is amended by adding at the end the following new section:

					1328.Enterprise credit risk-transfer transactions
 (a)RequirementNot later than 12 months after the date of enactment of this Act, the Director shall, after taking into consideration market conditions and the safety and soundness of the enterprises, establish guidelines requiring that each enterprise engage in significant and increasing credit risk-transfer transactions.
 (b)ConsiderationsIn establishing the guidelines under subsection (a), the Director shall— (1)seek to promote a deep, broad market for a variety of structures that together insulate the taxpayer from losses, minimize ongoing risks to the enterprises, remain stable through the economic cycle, maintain adequate access to the secondary market for lenders of all sizes, and promote credit for borrowers in all communities;
 (2)continue and seek to increase the amount and types of risk-transfer transactions that the enterprises engaged in during the previous year with the goal that the risk transferred by an enterprise by all credit risk-transfer transactions shall be at least 400 basis points of risk in total, starting from the first dollar of credit loss among all the different credit risk-transfer structures;
 (3)continue and seek to increase front-end risk transfer transactions; and (4)continue and seek to increase transactions in which the first loss position is transferred or shared and through structures that are scalable and transparent.
 (c)Guarantee feesThe enterprises shall set and publish guarantee fees, including up-front delivery fees and loan level price adjustments, commensurate with the enterprises’ reduced credit risk resulting from any new risk-transfer transaction.
 (d)APA complianceThe guidelines required under subsection (a) shall be issued and made available to the public pursuant to section 553 of title 5, United States Code.
 (e)CompensationThe Director shall adjust individual and corporate scorecards used in determining compensation for relevant enterprise employees to align with the considerations of subsection (b).
						(f)Exemption from commodity exchange act; consultation
 (1)ExemptionA swap (as such term is defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)) entered into for the purpose of transferring or sharing credit risk in connection with a risk-transfer transaction shall not be deemed to be a commodity interest (as such term is defined in section 1.3(yy) of the regulations of the Commodity Futures Trading Commission (17 C.F.R. 1.3(yy))), and no swap counterparty or other person sponsoring or arranging a risk-transfer transaction shall be deemed to be a commodity pool operator (as such term is defined in section 1.3(cc) of such regulations), solely by virtue of entering into or sponsoring or arranging such a swap in connection with such transaction.
 (2)Prior consultation requirementBefore the execution of a risk-transfer transaction that would be exempt from the Commodity Exchange Act pursuant to paragraph (1), the Director shall consult with the Commodity Futures Trading Commission.
 (g)ReportThe Director shall submit a report, not later than October 30 of each year, to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, on the activities of each enterprise in meeting the guidelines established under subsection (a) and any obstacles the Director has determined have impeded the ability of the enterprises to meet such guidelines.
 (h)DefinitionsFor purposes of this section, the following definitions shall apply: (1)Credit riskThe term credit risk means, with respect to a residential mortgage loan held or guaranteed, or intended to be held or guaranteed, by an enterprise or any security backed by residential mortgage loans held or guaranteed by the enterprise, the risk of loss to the enterprise that could result from a mortgagor’s failure to repay any such loan in accordance with its terms.
 (2)First lossThe term first-loss means the risk of loss for an enterprise on a mortgage loan or security backed by residential mortgage loans, beginning with the first dollar of loss.
 (3)Front-end risk transferThe term front-end risk transfer means, with respect to a residential mortgage loan or any security backed by residential mortgage loans, a risk transfer or risk share that occurs before or simultaneous with the acquisition of such loan or security by an enterprise.
 (4)Guarantee feeThe term guarantee fee has the meaning given such term in section 1327(a) (12 U.S.C. 4547(a)). (5)Risk-transfer transactionThe term risk-transfer transaction means any transaction that provides for—
 (A)the sale, disposition, retention, or transfer within the private sector of credit risk on any single-family residential mortgage loan or a pool of such loans that back securities on which the enterprise guarantees the timely payment of principal and interest; or
 (B)the retention by the private sector of any such credit risk in connection with the sale of any such loan or security to an enterprise..
 (b)Conforming amendment to Commodity Exchange ActParagraph (10) of section 1a of the Commodity Exchange Act (7 U.S.C. 1a(10)) is amended by adding at the end the following new subparagraph:

 (C)Rule of constructionA swap (as such term is defined in section 1a) entered into for the purpose of transferring or sharing credit risk in connection with a risk-transfer transaction shall not be considered to be a commodity interest (as such term is defined in section 1.3(yy) of title 17, Code of Federal Regulations), and no swap counterparty or other person sponsoring or arranging a risk-transfer transaction shall be considered to be a commodity pool operator (as such term is defined in section 1.3(cc) of such title), solely by virtue of entering into or sponsoring or arranging such a swap in connection with such transaction..
			(c)Conforming amendments to existing laws
 (1)Investment Company Act of 1940Section 3(c)(5) of the Investment Company Act of 1940 (15 U.S.C. 80a–3(c)(5)) is amended by inserting before the period the following: , including notes, bonds, other evidences of indebtedness, certificates, securities, and other interests, that are a risk-transfer transaction (as such term is defined in section 1328(h) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992).
 (2)Asset and income test clarification for enterprise risk-transfer transactionsThe Internal Revenue Code of 1986 is amended— (A)in subparagraph (B) of section 856(c)(3) (26 U.S.C. 856(c)(3)(B)), by inserting before the semicolon at the end the following , and gross income resulting from participation in any transaction, including notes, bonds, other evidences of indebtedness, certificates, securities, and other interests, that are risk-transfer transactions (as such term is defined in section 1328(h) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992); and
 (B)in subparagraph (B) of section 856(c)(5) (26 U.S.C. 856(c)(5)(B)), by inserting before the period at the end of the first sentence the following: , and participation in any transaction, including notes, bonds, other evidences of indebtedness, certificates, securities, and other interests, that are risk-transfer transactions (as such term is defined in section 1328(h) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992).
 3.Pilot program for small lender risk transferNot later than one year after the date of the enactment of this Act, the Director of the Federal Housing Finance Agency shall require each enterprise to establish a pilot program under which the enterprise shall annually engage, for each of the next 5 consecutive years, in at least one front-end risk sharing transaction for which both bank and non-bank mortgage originators having under $10,000,000,000 in assets are eligible participants.
		4.Pilot program for mortgage insurance risk transfer
 (a)In GeneralNot later than one year after the date of the enactment of this Act, the Director of the Federal Housing Finance Agency shall require the enterprises jointly to establish a pilot program to increase the amount of risk that is transferred by the enterprises using private mortgage insurance.
 (b)Program requirementsThe pilot program established pursuant to subsection (a) shall meet the following requirements: (1)DurationThe pilot program shall have a duration of 5 years.
				(2)Amount of mortgage purchases
 (A)In generalExcept as provided in subparagraph (B), in each year the enterprises shall purchase under the pilot program sufficient qualifying loans or pools of qualifying loans such that the aggregate unpaid principal balance of all qualifying loans or loan pools purchased or issued by both enterprises is not less than $50,000,000,000.
 (B)ExceptionThe amount of qualifying loans that the enterprises are required to purchase each year under paragraph (1) may be reduced if the Director and the Secretary of the Treasury jointly—
 (i)make a determination that such a reduction is necessary to prevent an adverse impact to the housing market; and
 (ii)submit to the Congress a report describing the justification for the determination referred to in clause (i).
 (3)Selection of mortgage insuranceFor each transaction under the pilot program involving a qualifying loan, the loan originator shall select an eligible mortgage insurance provider or providers, consistent with existing market practice.
 (4)Mortgage insurance premiumsMortgage insurance premiums applicable to qualifying loans purchased by the enterprises under the pilot program shall be subject to requirements and limitations under State laws.
 (5)Guarantee feesThe enterprises shall set and publish guarantee fees, including up-front delivery fees and loan level price adjustments, commensurate with the enterprises’ reduced credit risk resulting from any new risk-transfer transaction under the pilot program.
 (c)ReportNot later than the conclusion of the fifth year of the pilot program, the Director shall submit a report to the Congress that assesses the extent to which the pilot program under this section has—
 (1)transferred credit risk from the Federal Government to the private sector; (2)resulted in reduced guarantee fees for mortgage originators; and
 (3)produced benefits or costs for borrowers under qualifying loans under the program. (d)Extension of programBased on the assessments in the report required under subsection (c), the Director may extend the program beyond its fifth year of operation if the Director determines that such extension would be in the public interest.
 (e)Mitigating counterparty riskNothing in this section shall prevent the Director from establishing additional requirements on participants in the pilot program necessary to mitigate counterparty risk to the enterprises comparably with other credit risk-transfer structures.
 (f)DefinitionsFor purposes of this section, the following definitions shall apply: (1)DirectorThe term Director means the Director of the Federal Housing Finance Agency.
 (2)Eligible mortgage insurance providerThe term eligible mortgage insurance provider means a company that— (A)is regulated as a mortgage guaranty insurance company by its State of domicile;
 (B)provides qualifying mortgage insurance; and (C)satisfies—
						(i)
 (I)minimum requirements established or recognized by the Director, pursuant to public notice and comment, with respect to capital, leverage, and reserve requirements, or
 (II)Private Mortgage Insurer Eligibility Requirements published by the enterprises on April 17, 2015; and
 (ii)any additional requirements added by subsection (e) of this section. (3)EnterpriseThe term enterprise has the meaning given such term in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502).
 (4)Qualifying loanThe term qualifying loan means a first mortgage loan that— (A)is secured by a one-to-four family residence; and
 (B)is subject to qualifying mortgage insurance. (5)Qualifying mortgage insuranceThe term qualifying mortgage insurance means, with respect to a qualifying loan, primary mortgage guaranty insurance for such qualifying loan that—
 (A)is placed at the time the qualifying loan is originated; (B)guarantees or insures that portion of the unpaid principal balance of the qualifying loan that is in excess of 50 percent of the value of the property securing the mortgage; and
 (C)is provided by an eligible mortgage insurance provider.


115 S1275 IS: Bringing Useful Initiatives for Indian Land Development Act of 2017
U.S. Senate
2017-05-25
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.

II115th CONGRESS1st SessionS. 1275IN THE SENATE OF THE UNITED STATESMay 25, 2017Mr. Hoeven introduced the following bill; which was read twice and referred to the Committee on Indian AffairsA BILLTo improve the housing conditions and promote useful land uses within tribal communities, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Bringing Useful Initiatives for Indian Land Development Act of 2017 or the BUIILD Act of 2017. 2.Environmental reviewSection 105 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by adding at the end the following:

				(e)Consolidation of environmental review requirements
 (1)In generalIf a recipient is using one or more sources of Federal funds in addition to grant amounts under this Act in carrying out a project that qualifies as an affordable housing activity under section 202, where grant amounts under this Act constitute the largest single source of Federal funds that the recipient reasonably expects to commit to the project at the time of environmental review, the recipient’s tribe may, in addition to assuming all of the responsibilities for environmental review, decisionmaking, and action pursuant to subsection (a), assume all of the additional responsibilities for environmental review, decisionmaking, and action under provisions of law that would apply to the Federal agencies that are the other sources of Federal funds for the project.
 (2)DischargeA tribe’s compliance with the additional responsibilities described in paragraph (1), as well as the review requirements under the National Environmental Policy Act of 1969 and related laws specified in regulations issued under this section with regard to such project shall be deemed to discharge the responsibility of such other Federal agencies for compliance with any applicable environmental review requirements with respect to such project.
 (3)CertificationIn the case of a tribe that assumes additional responsibilities described in paragraph (1), the certification under subsection (c) shall, in addition to the content required under subsection (c), specify—
 (A)the additional responsibilities that the tribe has fully carried out under this subsection; and
 (B)that the certifying officer consents to assume the status of a responsible Federal official under such additional provisions of law.
						(4)Liability
 (A)In generalA tribe that completes an environmental review pursuant to this subsection shall assume sole liability for the content and quality of the review.
 (B)Remedies and sanctionsIn the event that the Secretary has approved a certification and release of funds for a project in accordance with subsection (b), but the Secretary or another funding Federal agency subsequently learns that a tribe failed to carry out its responsibilities as described in subsection (a), the appropriate remedies and sanctions may be imposed in accordance with regulations issued pursuant to section 106, or in accordance with other sources of Federal funds assisting the project.
 (C)Statutory violation waiversIn the event that a statutory violation waiver request is made under subsection (d) and is approved by the Secretary, such approval of the waiver request shall discharge other sources of Federal funds assisting the project from imposing remedies or sanctions.
						.
 3.Authorization of appropriationsSection 108 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) is amended in the first sentence by striking 2009 through 2013 and inserting 2018 through 2025.
 4.99-year leasehold interest in trust or restricted lands for housing purposesSection 702 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4211) is amended—
 (1)in the section heading, by striking 50 and inserting 99; (2)in subsection (b), by striking 50 years and inserting 99 years; and
 (3)in subsection (c)— (A)in paragraph (1), by inserting (in effect before, on, or after the date of enactment of the Bringing Useful Initiatives for Indian Land Development Act of 2017) after law; and
 (B)in paragraph (2), by striking 50 years and inserting 99 years. 5.Training and technical assistanceSection 703 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4212) is amended to read as follows:

 703.Training and technical assistanceThere are authorized to be appropriated for assistance for providing training and technical assistance to Indian tribes and tribally designated housing entities such sums as may be necessary for each of fiscal years 2018 through 2025. Such assistance shall be made available to training and technical assistance providers..
 6.Loan guarantees for Indian housingSection 184(i) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(i)) is amended—
 (1)in paragraph (5)— (A)in subparagraph (B), by inserting after the period at the end of the first sentence the following: There are authorized to be appropriated for those costs $12,200,000 for each of fiscal years 2018 through 2025.; and
 (B)in subparagraph (C), by striking 2008 through 2012 and inserting 2018 through 2025; and (2)in paragraph (7), by striking 2008 through 2012 and inserting 2018 through 2025.
 7.LeveragingAll funds provided under a grant made pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) may be used for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program.