		II
		112th CONGRESS
		1st Session
		S. 1137
		IN THE SENATE OF THE UNITED STATES

			May 26, 2011
			Mr. Sanders introduced
			 the following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To provide incentives for investment in research and
		  development for new medicines, to enhance access to new medicines, and for
		  other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Medical Innovation Prize Fund
			 Act.
		2.FindingsCongress makes the following
			 findings:
			(1)The development
			 of new medicines and vaccines is necessary to improve health care
			 outcomes.
			(2)Market
			 exclusivity for new products is an expensive, inefficient, and unfair mechanism
			 to reward investments in new products.
			(3)By de-linking
			 research and development incentives from product prices, and by eliminating
			 legal monopolies to sell products, it is possible to induce investments that
			 are medically more important, procure products at low prices from competitive
			 suppliers, radically lower pricing barriers for access to new medicines, reduce
			 wasteful marketing and research and development activities, and dramatically
			 lower the overall costs of acquiring innovation, while expanding access to that
			 innovation.
			(4)By funding
			 innovation prizes at .55 percent of gross domestic product, the United States
			 would provide more than $80,000,000,000 in rewards for successful innovation in
			 2011.
			(5)The development
			 of new medicines benefits from greater sharing of knowledge, data, materials,
			 and technologies.
			(6)By providing 5
			 percent of the prize fund rewards to those who provide open access to
			 knowledge, data, materials, and technologies, new open source business models
			 will induce greater access to useful knowledge, data, materials, and
			 technologies.
			3.PurposeIt is the purpose of this Act to provide
			 incentives to encourage entities to invest in research and development of new
			 medicines and to share knowledge, data, materials, and technology, through the
			 establishment of a Medical Innovation Prize Fund, while enhancing access to
			 such medicines by eliminating legal monopolies on the manufacture,
			 distribution, and sale of such medicines.
		4.DefinitionsIn this Act:
			(1)Biological
			 productThe term biological product has the meaning
			 given such term in section 351 of the Public Health Service Act (42 U.S.C.
			 262).
			(2)BoardThe
			 term Board means the Board of Trustees for the Fund for Medical
			 Innovation Prizes established under section 7.
			(3)DrugThe
			 term drug has the meaning given such term in section 201 of the
			 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
			(4)FundThe
			 term Fund means the Fund for Medical Innovation Prizes established
			 under section 6.
			(5)Market
			 clearanceThe term market clearance means the
			 approval of an application under section 505 of the Federal Food, Drug, and
			 Cosmetic Act (21 U.S.C. 355) or the approval of a biologics license application
			 under subsection (a) of section 351 of the Public Health Service Act (42 U.S.C.
			 262).
			5.Elimination of
			 exclusive rights to market drugs and biological products
			(a)In
			 generalNotwithstanding title 35, United States Code, relevant
			 provisions of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)
			 (including amendments made by the Drug Price Competition and Patent Term
			 Restoration Act of 1984 (Public Law 98–417; commonly referred to as the
			 Hatch-Waxman Act)), the Medicare Prescription Drug, Improvement,
			 and Modernization Act of 2003 (Public Law 108–173), and any other provision of
			 law providing any patent right or exclusive marketing period for any drug,
			 biological product, or manufacturing process for a drug or biological product
			 (such as pediatric extensions under section 505A of the Federal Food, Drug, and
			 Cosmetic Act (21 U.S.C. 355a) or orphan drug marketing exclusivity under
			 subchapter B of chapter V of such Act (21 U.S.C. 360aa et seq.)), no person
			 shall have the right to exclusively manufacture, distribute, sell, or use a
			 drug, a biological product, or a manufacturing process for a drug or biological
			 product in interstate commerce, including the exclusive right to rely on health
			 registration data or the 30-month stay-of-effectiveness period for Orange Book
			 patents under section 505(j) of such Act (21 U.S.C. 355(j)).
			(b)RemunerationA
			 person that is eligible for prize payments from the Fund as provided for in
			 sections 9, 10, or 11 shall receive such payments—
				(1)in lieu of any
			 remuneration the person would have otherwise received for the exclusive
			 marketing, distribution, sale, or use of a drug, biological product, or
			 manufacturing process for a drug or biological product but for the application
			 of subsection (a); and
				(2)in addition to
			 any other remuneration that such person receives by reason of the nonexclusive
			 marketing, distribution, sale, or use of the drug, biological product, or
			 manufacturing process for a drug or biological product.
				(c)ApplicationThis
			 section shall apply only with respect to the marketing, distribution, sale, or
			 use of a drug, a biological product, or a manufacturing process for a drug or
			 biological product that occurs on or after October 1, 2012.
			6.Fund for medical
			 innovation prizes
			(a)EstablishmentThere
			 is hereby established in the Treasury of the United States a revolving fund to
			 be known as the Fund for Medical Innovation Prizes, which shall
			 consist of amounts appropriated to the Fund and amounts credited to the Fund
			 under subsection (c).
			(b)Availability of
			 fundsAmounts in the Fund shall be available to the Board,
			 subject to section 17(c), for the purpose of carrying out this Act.
			(c)Amounts
			 credited to the FundThe Secretary of the Treasury shall credit
			 to the Fund the interest on, and the proceeds from sale or redemption of,
			 obligations held in the Fund.
			7.Board of
			 trustees for the Fund
			(a)EstablishmentThere
			 is hereby established (as a permanent, independent establishment in the
			 executive branch) a Board of Trustees for the Fund for Medical Innovation
			 Prizes.
			(b)MembershipThe
			 Board shall be composed of 13 members, including—
				(1)the Administrator
			 of the Centers for Medicare & Medicaid Services;
				(2)the Commissioner
			 of Food and Drugs;
				(3)the Director of
			 the National Institutes of Health;
				(4)the Director of
			 the Centers for Disease Control and Prevention; and
				(5)9 individuals to
			 be appointed by the President, with the advice and consent of the Senate, of
			 which—
					(A)2 shall be
			 representatives of businesses that provide health insurance to
			 employees;
					(B)2 shall be
			 representatives of entities that provide health insurance and contribute to the
			 co-funding of the Fund for Medical Innovation Prizes under section 17;
					(C)2 shall be
			 representatives of the medical research and development sector, including at
			 least 1 representative of the nonprofit private medical research and
			 development sector; and
					(D)3 shall be
			 representatives of consumer and patient interests, including at least one
			 representative of patients suffering from orphan diseases.
					(c)Terms
				(1)In
			 generalExcept as provided in paragraph (2), each member
			 appointed to the Board under subsection (b)(5) shall be appointed for a term of
			 4 years.
				(2)Terms of
			 initial appointeesAs designated by the President at the time of
			 appointment, of the members first appointed to the Board under subsection
			 (b)(5)—
					(A)5 members shall
			 be appointed for a term of 4 years; and
					(B)4 members shall
			 be appointed for a term of 2 years.
					(d)VacanciesAny
			 member of the Board appointed to fill a vacancy occurring before the expiration
			 of the term for which the member's predecessor was appointed shall be appointed
			 only for the remainder of that term. A member of the Board may serve after the
			 expiration of that member's term until a successor has taken office.
			(e)Compensation
			 and travel expenses
				(1)CompensationMembers
			 of the Board shall each be paid not less than the daily equivalent of level IV
			 of the Executive Schedule for each day (including travel time) during which
			 they are engaged in the actual performance of the duties of the Board.
				(2)Travel
			 expensesEach member of the Board shall receive travel expenses,
			 including per diem in lieu of subsistence, in accordance with applicable
			 provisions under subchapter I of chapter 57 of title 5, United States
			 Code.
				(f)Chairperson;
			 OfficersThe members of the Board shall elect a Chairperson and
			 any other officers of the Board. The Chairperson and any such officers shall be
			 elected for a term of 2 years.
			(g)StaffThe
			 Board may appoint and fix the pay of such additional personnel as the Board
			 considers appropriate. The staff of the Board shall be appointed subject to the
			 provisions of title 5, United States Code, governing appointments in the
			 competitive service, and shall be paid in accordance with the provisions of
			 chapter 51 and subchapter III of chapter 53 of such title relating to
			 classification and General Schedule pay rates.
			(h)Experts and
			 consultantsThe Board may procure temporary and intermittent
			 services under section 3109(b) of title 5, United State Code.
			8.Powers and
			 duties of the Board
			(a)DutiesThe
			 Board shall—
				(1)award prize
			 payments for medical innovation in accordance with this Act; and
				(2)submit a report
			 to the Congress under section 16.
				(b)Powers of
			 Board
				(1)Hearings and
			 sessions
					(A)In
			 generalThe Board may, for the purpose of carrying out this Act,
			 hold hearings, sit and act at times and places, take testimony, and receive
			 evidence as the Board considers appropriate.
					(B)First
			 meetingNot later than 30 days after the initial members of the
			 Board are appointed under section 7(b)(5) and confirmed, the Board shall
			 conduct its first meeting.
					(2)Policies and
			 procedures
					(A)In
			 generalNot later than 1 year after the initial members of the
			 Board are appointed under section 7(b)(5) and confirmed, the Board shall
			 establish such policies and procedures as may be appropriate to carry out this
			 Act.
					(B)Majority
			 voteThe policies and procedures of the Board shall require that
			 any determination of the Board be made by not less than a majority vote of the
			 members of the Board.
					(C)Administrative
			 proceduresThe policies and procedures of the Board shall comply
			 with subchapter II of chapter 5 of title 5, United States Code.
					(D)TransparencyThe
			 policies and procedures of the Board shall—
						(i)comply with
			 sections 552 and 552b of title 5, United States Code (commonly referred to as
			 the Freedom of Information Act and the Government in the
			 Sunshine Act, respectively); and
						(ii)ensure that the
			 proceedings and deliberations of the Board are transparent and are supported by
			 a description of the methods, data sources, assumptions, outcomes, and related
			 information that will allow the public to understand how the Board reaches its
			 criteria-setting and award decisions.
						(3)Expert advisory
			 committeesTo assist the Board in carrying out this Act, the
			 Board shall establish independent expert advisory committees, including
			 committees on the following:
					(A)Economic
			 evaluation of therapeutic benefits.
					(B)Business models
			 and incentive structures for innovation.
					(C)Research and
			 development priorities.
					(D)Orphan
			 diseases.
					(E)Financial control
			 and auditing.
					(F)Open source
			 biomedical science.
					(4)Powers of
			 members and agentsAny member or agent of the Board may, if
			 authorized by the Board, take any action which the Board is authorized to take
			 under this Act.
				(5)MailsThe
			 Board may use the United States mails in the same manner and under the same
			 conditions as other departments and agencies of the United States.
				9.Prize payments
			 for medical innovation
			(a)AwardFor
			 fiscal year 2013, and each subsequent fiscal year, the Board shall award to
			 persons described in subsection (b) prize payments for medical innovation
			 relating to a drug, a biological product, or a new manufacturing process for a
			 drug or biological product.
			(b)EligibilityTo
			 be eligible to receive a prize payment under subsection (a) for medical
			 innovation relating to a drug, a biological product, or a manufacturing
			 process, a person shall be—
				(1)in the case of a
			 drug or biological product, the first person to receive market clearance with
			 respect to the drug or biological product;
				(2)in the case of a
			 manufacturing process, the holder of the patent with respect to such process;
			 or
				(3)in the case of
			 open source contributions, the persons or communities that openly shared
			 knowledge, data, materials, and technology on a royalty-free and
			 nondiscriminatory basis.
				(c)CriteriaThe
			 Board shall, by regulation, establish criteria for the selection of recipients,
			 and for determining the amount, of prize payments under this section. Such
			 criteria shall include consideration of the following:
				(1)The number of
			 patients who would benefit from the drug, biological product, or manufacturing
			 process involved, including (in cases of global neglected diseases, global
			 infectious diseases, and other global public health priorities) the number of
			 non-United States patients.
				(2)The incremental
			 therapeutic benefit of the drug, biological product, or manufacturing process
			 involved as compared to existing drugs, biological products, and manufacturing
			 processes available to treat the same disease or condition, except that the
			 Board shall provide for cases where drugs, biological products, or
			 manufacturing processes are developed at roughly the same time, so that the
			 comparison is to products that were not recently developed.
				(3)The degree to
			 which the drug, biological product, or manufacturing process involved addresses
			 priority health care needs, including—
					(A)current and
			 emerging global infectious diseases;
					(B)severe illnesses
			 with small client populations (such as indications for which orphan designation
			 has been granted under section 526 of the Federal Food, Drug, and Cosmetic Act
			 (21 U.S.C. 360bb)); and
					(C)neglected
			 diseases that primarily afflict the poor in developing countries.
					(4)Improved
			 efficiency of manufacturing processes for drugs or biological processes.
				(5)The extent to
			 which knowledge, data, materials and technology that are openly shared have
			 contributed to the successful development of new products or improved processes
			 for manufacturing products.
				(6)In the case of
			 antibiotics or other products for which drug resistance is a significant public
			 health problem, the expected life cycle benefits of the antibiotic or other
			 product, with appropriate adjustments that reward the conservation of the
			 resources, taking into account drug resistance that is related to use of the
			 product.
				(7)In the case of
			 products used in stockpiles for potential threats to the public health, the
			 risk adjusted benefits of stockpiling the products.
				(d)RequirementsIn
			 awarding prize payments under this section, the Board shall comply with the
			 following:
				(1)In cases where a
			 new drug, biological product, or manufacturing process offers an improvement
			 over an existing drug, biological product, or manufacturing process and the new
			 drug, biological product, or manufacturing process competes with or replaces
			 the existing drug, biological product, or manufacturing process, the Board
			 shall continue to make prize payments for the existing drug, biological
			 product, or manufacturing process to the degree that the new drug, biological
			 product, or manufacturing process was based on or benefitted from the
			 development of the existing drug, biological product, or manufacturing
			 process.
				(2)The Board may not
			 make prize payments based on the identity of the person who manufactures,
			 distributes, sells, or uses the drug, biological product, or manufacturing
			 process involved.
				(3)The Board may
			 award prize payments for a drug, a biological product, or a manufacturing
			 process for not more than 10 fiscal years, regardless of the term of any
			 related patents.
				(4)For any fiscal
			 year, the Board may not award a prize payment for any single drug, biological
			 product, or manufacturing process in an amount that exceeds 5 percent of the
			 total amount appropriated to the Fund for that year.
				(5)For every drug or
			 biological product that receives market clearance, the Board shall determine
			 whether and in what amount to award a prize payment for the drug or biological
			 product not later than the end of the fourth full calendar-year quarter
			 following the calendar-year quarter in which the drug or biological product
			 receives market clearance.
				10.Prizes for
			 priority research and development
			(a)Minimum levels
			 of fundingFor fiscal year 2013, and each subsequent fiscal year,
			 the Board shall establish and may periodically modify minimum levels of funding
			 under section 9 for priority research and development.
			(b)Initial minimum
			 levelsOf the amount appropriated to the Fund for a fiscal year,
			 the Board shall use (subject to the establishment or modification of an
			 applicable minimum level of funding under subsection (a)) not less than—
				(1)4 percent of such
			 amount for global neglected diseases;
				(2)10 percent of
			 such amount for orphan diseases; and
				(3)4 percent of such
			 amount for global infectious diseases and other global public health
			 priorities, including research on AIDS, AIDS vaccines, and medicines for
			 responding to bioterrorism.
				(c)Public input;
			 recommendationsThe advisory committee on research and
			 development priorities (established pursuant to section 8(b)(3)) shall—
				(1)solicit public
			 input on research and development priorities; and
				(2)periodically
			 recommend to the Board modifications in the minimum levels of funding for
			 prizes for priority research and development under this section.
				(d)ProceduresThe
			 Board shall adopt procedures to establish and periodically modify minimum
			 levels of funding under section 9 for priority research and development.
			11.Open source
			 dividend prizes
			(a)In
			 generalIn order to induce greater access and the open sharing of
			 knowledge, data, materials and technology, at least 5 percent of the prize
			 payments from the Fund shall be dedicated to Open Source Dividend
			 prizes.
			(b)Procedures
				(1)In
			 generalThe Board of Trustees shall adopt procedures for the
			 allocation of Open Source Dividend prizes. Such procedures shall—
					(A)be fully
			 transparent regarding the process for evaluating the value of open sharing of
			 knowledge, data, materials, and technology;
					(B)reward the open,
			 nondiscriminatory and royalty-free sharing of knowledge, data, materials, and
			 technology that has contributed to the development of the new drugs, biological
			 products, or manufacturing processes that are rewarded under sections 9 and
			 10;
					(C)in the case of
			 rewards for contributing to the development of new drugs, biological products,
			 or manufacturing processes rewarded under sections 9 and 10, provide for a
			 time-limited period of nominations for persons or communities whose
			 contributions were considered useful, including the evidence to support such
			 nominations to describe the significance of the contribution; and
					(D)provide for rules
			 and procedures to protect against conflicts of interest.
					(2)Public
			 availability of nominationsThe nominations described in
			 paragraph (1)(C), and the evidence supporting such nominations, shall be
			 public. The public shall be allowed to provide commentary and additional
			 evidence on such nominations before awards are made.
				12.Competitive
			 intermediaries for funding interim technologies
			(a)In
			 generalThe Board of Trustees may authorize multiple nonprofit
			 intermediaries to reward projects for interim research and development of
			 products, or for open source dividend prizes. Such intermediaries shall compete
			 for funding from non-Federal entities that co-fund the Fund.
			(b)AvailabilityPrizes
			 awarded by competitive intermediaries shall be available to persons or
			 communities that provide open, nondiscriminatory and royalty-free licenses to
			 relevant intellectual property rights.
			(c)RulesThe
			 Board of Trustees shall adopt rules to ensure the transparency and
			 accountability of any entities authorized to act as competitive intermediaries
			 under subsection (a).
			13.Special
			 transition rules
			(a)In
			 generalA drug or biological product that is on the market on
			 October 1, 2012, shall remain eligible for prize payments for not more than 10
			 fiscal years, consistent with section 9(d)(3).
			(b)Determination
			 of valueIn determining the amount of a prize payment for a drug
			 or biological product described in subsection (a), the Board shall calculate
			 the incremental value of the drug or biological product as of the date on which
			 the drug or biological product was first introduced in the market.
			(c)Maximum
			 amountWith respect to drugs and biological products described in
			 subsection (a), the Board may award—
				(1)of the amount
			 appropriated to the Fund for fiscal year 2013, not more than 90 percent of such
			 amount; and
				(2)of the amount
			 appropriated to the Fund for each of the succeeding 9 fiscal years, not more
			 than a percentage of such amount that is equal to 9 percent less the percentage
			 applicable to the preceding fiscal year under this subsection.
				14.ArbitrationIn the case of a drug that is on the market
			 on October 1, 2012, and subject to patents owned by a party other than the
			 person who first received market clearance for the drug, the Board shall
			 establish an arbitration procedure to determine an equitable division of any
			 prize payments under this Act among the patent owners and the person who first
			 received market clearance for the drug.
		15.Annual audits
			 by GAO
			(a)AuditsThe
			 Comptroller General of the United States shall conduct an audit of the Board
			 each fiscal year to determine the effectiveness of the Board—
				(1)in bringing to
			 market drugs, vaccines and other biological products, and new manufacturing
			 processes for medicines in a cost-effective manner; and
				(2)in addressing
			 society's medical needs, including global neglected diseases that afflict
			 primarily the poor in developing countries, indications for which orphan
			 designation has been granted under section 526 of the Federal Food, Drug, and
			 Cosmetic Act (21 U.S.C. 360bb), and global infectious diseases and other global
			 public health priorities.
				(b)ReportsThe
			 Comptroller General of the United States shall submit a report to the Congress
			 each fiscal year on the results of each audit conducted under subsection
			 (a).
			16.Report to
			 CongressNot later than 1 year
			 after the date of the enactment of this Act, the Board shall submit to Congress
			 a report containing the findings, conclusions, and recommendations of the Board
			 concerning the implementation and administration of this Act, including
			 recommendations for such legislative and administrative action as the Board
			 determines to be appropriate.
		17.Funding
			(a)Appropriations
				(1)Start-up
			 costsFor fiscal year 2013, there are authorized to be
			 appropriated to the Fund, such sums as may be necessary to carry out this
			 Act.
				(2)Program
			 implementationFor fiscal year 2013 and each subsequent fiscal
			 year, there is appropriated to the Fund, out of any funds in the Treasury not
			 otherwise appropriated, an amount equal to the amount that is .55 percent of
			 the gross domestic product of the United States for the preceding fiscal year
			 (as such amount is determined by the Secretary of Commerce).
				(b)AvailabilityFunds
			 appropriated to the Fund for a fiscal year shall remain available for
			 expenditure in accordance with this Act until the end of the 3-year period
			 beginning on October 1 of such fiscal year. Any such funds that are unexpended
			 at the end of such period shall revert to the Treasury.
			18.Imposition of
			 annual fee on health insurance providers
			(a)Imposition of
			 fee
				(1)In
			 generalEach covered entity engaged in the business of providing
			 health insurance shall pay to the Secretary not later than the annual payment
			 date of each calendar year beginning after 2012 a fee in an amount determined
			 under subsection (b).
				(2)Annual payment
			 dateFor purposes of this section, the term annual payment
			 date means, with respect to any calendar year, a date determined by the
			 Secretary, which in no event, may be later than September 30 of such calendar
			 year.
				(b)Determination
			 of fee amountWith respect to each covered entity, the fee under
			 this section for any calendar year shall be equal to the amount determined
			 under section 17(a)(2), multiplied by the ratio of the covered entity’s net
			 premiums written with respect to health insurance for any United States health
			 risk taken into account under subsection (c) during the preceding calendar
			 year, to—
				(1)the sum of net
			 premiums for all covered entities; and
				(2)all Federal
			 outlays on health insurance or reimbursement of health care costs, excluding
			 the costs of long term care.
				(c)Amounts taken
			 into accountFor purposes of paragraph (b), the net premiums
			 written with respect to health insurance for any United States health risk that
			 are taken into account during any calendar year with respect to any covered
			 entity shall be determined as follows:
				(1)With respect to a
			 covered entity’s net premiums written during the calendar year that are not
			 more than $25,000,000, the percentage of net premiums written that are taken
			 into account is 0 percent.
				(2)With respect to a
			 covered entity’s net premiums written during the calendar year that are more
			 than $25,000,000 but less than $50,000,000, the percentage of net premiums
			 written that are taken into account is 50 percent.
				(3)With respect to a
			 covered entity’s net premiums written during the calendar year that are
			 $50,000,000 or more, the percentage of net premiums written that are taken into
			 account is 100 percent.
				(d)Covered
			 entity
				(1)In
			 generalFor purposes of this section, the term covered
			 entity means any entity which provides health insurance for any United
			 States health risk.
				(2)ExclusionSuch
			 term does not include any governmental entity.


117 HR 1838 IH: Affordable Access to Rural Health Care Act
U.S. House of Representatives
2021-03-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
117th CONGRESS1st Session
H. R. 1838
IN THE HOUSE OF REPRESENTATIVES

March 11, 2021
Mr. Luetkemeyer (for himself, Mr. Sessions, Mr. Jackson, Mr. Arrington, Mr. Guest, and Mr. Long) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 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 concerned

A BILL
To amend title XVIII of the Social Security Act to improve rural health clinic payments, and for other purposes.

1.Short titleThis Act may be cited as the Affordable Access to Rural Health Care Act. 2.Improving rural health clinic payments (a)In generalSection 1833(f) of the Social Security Act (42 U.S.C. 1395l(f)) is amended—
(1)by adding at the end the following new paragraphs:  (4)ExceptionIn establishing limits under subsection (a) on payment for rural health clinic services provided by rural health clinics which submits to the Secretary a certification that the hospital has a binding written agreement with an outside unrelated party for the construction or purchase of such rural health clinic before March 30, 2021, the Secretary shall—
(A)during the first year during which such rural health clinic furnishes such services, make payments to such rural health clinic without the application of such limits; and (B)during any subsequent year, make payments in accordance with this subsection.
(5)AuditNot later than 60 days after the date of the enactment of this paragraph, the Secretary shall audit the compliance with requirements of paragraph (4) with respect to each rural health clinic to which such paragraph applies. If the Secretary finds as a result of an audit under this clause that the applicable requirements were not met with respect to such rural health clinic, the rural health clinic shall receive payments under this subsection notwithstanding such paragraph.. (b)Utilization of Medicare Enrollment Application formThe Secretary of Health and Human Services shall utilize Form CMS 855A (or any successor Medicare Enrollment Application form) to review the eligibility of rural health clinics (as defined in section 1861(aa)(2) of the Social Security Act (42 U.S.C. 1395x(aa)(2))) to receive payments pursuant to the mid-build exception described in section 1833(f)(4) of such Act (42 U.S.C. 1935l(f)(4)).
(c)ReportNot later than 120 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the findings of the audit described in paragraph (5) of section 1833(f) of the Social Security Act (42 U.S.C. 1935l(f)).


		II
		112th CONGRESS
		1st Session
		S. 1564
		IN THE SENATE OF THE UNITED STATES

			September 15, 2011
			Mr. Udall of New Mexico
			 (for himself and Mr. Crapo) introduced
			 the following bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To amend the Clean Air Act to improve the renewable fuel
		  program by combining the categories of cellulosic biofuel and
		  advanced biofuel into 1 technology- and feedstock-neutral
		  category of advanced biofuel, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Renewable Fuel Parity Act of
			 2011.
		2.Renewable fuel
			 program
			(a)Definition of
			 advanced biofuelSection
			 211(o)(1)(B) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)) is amended—
				(1)in clause
			 (i)—
					(A)by striking
			 means renewable fuel and inserting

							means—(I)renewable
				fuel
							;
					(B)by striking the
			 period at the end and inserting ; and; and
					(C)by adding at the
			 end the following:

							(II)cellulosic
				biofuel
							;
				and
					(2)in clause (ii),
			 by adding at the end the following:

						(VIII)Other fuel
				derived from
				algae.
						.
				(b)Renewable fuel
			 programSection 211(o)(2) of the Clean Air Act (42 U.S.C.
			 7545(o)(2)) is amended—
				(1)in subparagraph
			 (A)(i), by striking cellulosic biofuel,; and
				(2)in subparagraph
			 (B)—
					(A)in clause
			 (i)—
						(i)by
			 striking subclause (III); and
						(ii)by
			 redesignating subclause (IV) as subclause (III);
						(B)in clause
			 (ii)(III), by striking each category (cellulosic biofuel and
			 biomass-based diesel) and inserting the biomass-based diesel
			 category;
					(C)by striking
			 clause (iv);
					(D)by redesignating
			 clause (v) as clause (iv); and
					(E)in clause (iv)
			 (as so redesignated), by striking clause (i)(IV) and inserting
			 clause (i)(III).
					(c)Applicable
			 percentagesSection 211(o)(3)(A) of the Clean Air Act (42 U.S.C.
			 7545(o)(3)(A)) is amended by striking , biomass-based diesel, and
			 cellulosic biofuel and inserting and biomass-based
			 diesel.
			(d)WaiversSection
			 211(o)(7) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended—
				(1)by striking
			 subparagraph (D); and
				(2)by redesignating
			 subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively.


116 HRES 391 IH: Supporting the goals and ideals of National Gun Violence Awareness Weekend and National Gun Violence Awareness Month.
U.S. House of Representatives
2019-05-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV116th CONGRESS1st SessionH. RES. 391IN THE HOUSE OF REPRESENTATIVESMay 21, 2019Ms. Kelly of Illinois submitted the following resolution; which was referred to the Committee on the JudiciaryRESOLUTIONSupporting the goals and ideals of National Gun Violence Awareness Weekend and National Gun
			 Violence Awareness Month.

 Whereas, in the United States each year, more than— (1)36,000 individuals are killed and 100,000 individuals are injured by gunfire;
 (2)12,000 individuals are killed in homicides involving firearms; (3)22,000 individuals commit suicide by using firearms; and
 (4)500 individuals are killed in unintentional shootings; Whereas, since 1968, more individuals have died from guns in the United States than have on the battlefields of all the wars in the history of the United States;
 Whereas, by one count, in 2018 in the United States, there were— (1)340 mass shooting incidents in which not fewer than 4 people were killed or wounded by gunfire; and
 (2)103 incidents in which a gun was fired in a school or college; Whereas gun violence typically escalates during the summer months;
 Whereas nearly 2,900 children and teens are killed by gun violence every year; Whereas, every 70 minutes, one person in the United States under the age of 25 dies because of gun violence;
 Whereas more than 6,300 of such persons die annually, including Hadiya Pendleton, who, in 2013, at age 15, was killed while standing in a Chicago park;
 Whereas, on the first weekend of June to recognize Hadiya Pendleton’s 22nd birthday, people across the United States will recognize National Gun Violence Awareness Weekend and wear orange in tribute to Hadiya, other victims of gun violence, and their loved ones; and
 Whereas June 2019 would be an appropriate month to designate as National Gun Violence Awareness Month: Now, therefore, be it  That the House of Representatives—
 (1)supports— (A)the goals and ideals of National Gun Violence Awareness Month; and
 (B)the goals and ideals of National Gun Violence Awareness Weekend in remembrance of the victims of gun violence; and
 (2)calls on the people of the United States to— (A)promote greater awareness of gun violence and gun safety;
 (B)wear orange, the color that hunters wear to show they are not targets, on National Gun Violence Awareness Weekend;
 (C)concentrate heightened attention on gun violence during the summer months, when gun violence typically increases; and
 (D)bring citizens and community leaders together to discuss ways to make communities safer.


113 HR 2036 IH: Foster Children Opportunity Act
U.S. House of Representatives
2013-05-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
113th CONGRESS 1st Session
H. R. 2036
IN THE HOUSE OF REPRESENTATIVES

May 16, 2013
Mr. O’Rourke (for himself, Ms. Bass, Mr. Lewis, Ms. Roybal-Allard, Ms. Slaughter, and Mr. Grijalva) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Agriculture, 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 amend part E of title IV of the Social Security Act to require States to help alien children in the child welfare system apply for all available forms of immigration relief, and for other purposes.

1.Short titleThis Act may be cited as the Foster Children Opportunity Act.
2.State plan requirement to have procedures to help alien children in the child welfare system achieve special immigrant juvenile status and lawful permanent resident statusSection 471(a)(27) of the Social Security Act (42 U.S.C. 671(a)(27)) is amended by inserting , and if the child is an alien without a lawful immigration status, for reviewing the child’s eligibility for special immigrant juvenile status, lawful permanent resident status, and other forms of relief under immigration law, within 1 year after the status of the child is first reviewed pursuant to section 475(5)(B), and annually thereafter, and for assisting the child in applying for special immigrant juvenile status, lawful permanent resident status, and other forms of relief under immigration law, so that the child can reasonably be expected to achieve such relief before exiting foster care, if doing so would be in the best interests of the child before the period.
3.Requirement that State child welfare agencies document their efforts to pursue lawful immigrant status for eligible alien foster childrenSection 475(1) of the Social Security Act (42 U.S.C. 675(1)) is amended by adding at the end the following:

(H)In the case of an alien child who, after a review conducted pursuant to section 471(a)(27), is determined to be a child who may qualify for special immigrant juvenile status, lawful permanent resident status, or other forms of relief under immigration law, documentation of the steps the agency is taking in assisting the child to obtain the status before exiting foster care, including whether the requisite petitions have been filed on behalf of the child, and whether assistance has been provided to secure immigration legal counsel for the child. .
4.Requirment to determine whether filing petitions for special immigrant juvenile status and lawful permanent resident status for alien foster children is in the child’s best interest in appropriate casesSection 475(5)(C)(i) of the Social Security Act (42 U.S.C. 675(5)(C)(i)) is amended by inserting , and, in the case of an alien child without lawful immigration status, the hearing shall determine whether a petition for special immigrant juvenile status or lawful permanent resident status has been filed on behalf of the child and, if such a petition has not been so filed, whether it is in the best interests of the child, including consideration of the potential effects on family reunification efforts, to have such a petition so filed or to have immigration counsel appointed before the semicolon at the end.
5.Authority to use court improvement program grant funds to educate and train child welfare and court staff, including judges, social workers, court-appointed special advocates, and lawyers to assist alien children in achieving special immigrant juvenile status, lawful permanent resident status, and other forms of relief under immigration lawSection 438(a)(2) of the Social Security Act (42 U.S.C. 629h(a)(2)) is amended—
(1)by striking and at the end of subparagraph (B);
(2)by adding and at the end of subparagraph (C); and
(3)by adding at the end the following:

(D)to educate and train child welfare and court staff, including judges, social workers, court-appointed special advocates, and attorneys to assist alien children in achieving special immigrant juvenile status, lawful permanent resident status, and other forms of relief under immigration law in a timely manner; .
6.Technical assistance for child welfare agenciesOn request of a State child welfare agency for technical assistance in carrying out the amendments made by this Act, the Secretary of Health and Human Services, in consultation with the Secretary of Homeland Security and the Secretary of State, shall provide the assistance, and may award grants to and enter into contracts with qualified non-profit or other community-based service providers with substantive expertise to perform the assistance.
7.Eligibility for assistance
(a)Public benefits
(1)Federal means-tested public benefitsSection 403(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by adding at the end the following:

(3)Exception for individuals who have obtained special immigrant juvenile statusAn alien who is granted special immigrant juvenile status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)). .
(2)Other Federal programsSection 402 of such Act (8 U.S.C. 1612) is amended—
(A)in subsection (a)(2), by adding at the end the following:

(N)Exception for individuals who have obtained special immigrant juvenile statusWith respect to eligibility for benefits for the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to any alien who is granted special immigrant juvenile status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)). ; and
(B)in subsection (b)(2), by adding at the end the following:

(G)Exception for individuals who have obtained special immigrant juvenile statusAn alien who is granted special immigrant juvenile status under section 101(a)(27)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)). .
(b)State reimbursementSection 472(a)(4) of the Social Security Act (42 U.S.C. 672(a)(4)) is amended by inserting , and if the child is an alien who has obtained special immigrant juvenile status under section 101(a)(27)(J) of the Immigration and Nationality Act and would have been qualified to receive aid under the State plan approved under section 402 of this Act in or for the month in which the agreement described in paragraph (2)(A)(i) of this subsection was entered into or court proceedings leading to the determination described in paragraph (2)(A)(ii) of this subsection were initiated if the child had been a United States citizen, the child shall be considered to satisfy the requirements of paragraph (3) with respect to the month before the period.
8.Effective date
(a)In generalThe amendments made by this Act, other than by section 7, shall take effect on the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for quarters beginning on or after such date.
(b)Delay permitted if State legislation requiredIn the case of a State plan approved under part E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.


116 HRES 186 IH: Commemorating the 75th anniversary of the United Negro College Fund, Inc.
U.S. House of Representatives
2019-03-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV116th CONGRESS1st SessionH. RES. 186IN THE HOUSE OF REPRESENTATIVESMarch 7, 2019Mr. Byrne (for himself, Ms. Adams, Mr. Walker, Mr. Brown of Maryland, Mr. Clay, Ms. Sewell of Alabama, Ms. Fudge, Mr. David Scott of Georgia, Ms. Wilson of Florida, Mr. Johnson of Georgia, Ms. Plaskett, Mr. Rush, Ms. Johnson of Texas, Mr. Danny K. Davis of Illinois, Mr. Bishop of Georgia, Ms. Norton, Ms. Wild, Mr. Trone, Mr. Cummings, Mr. Hill of Arkansas, Ms. Bonamici, Mr. Lewis, Mrs. Lee of Nevada, Mr. Budd, and Mr. Gohmert) submitted the following resolution; which was referred to the Committee on Education and LaborRESOLUTIONCommemorating the 75th anniversary of the United Negro College Fund, Inc.

 Whereas the United Negro College Fund, Inc. (UNCF) was created on April 25, 1944, by Dr. Frederick D. Patterson who served as the president of Tuskegee Institute, now Tuskegee University, from 1935 to 1953 with 27 member colleges and a combined enrollment of 14,000 students to make a united appeal to the national conscience;
 Whereas since the creation of the UNCF, the nonprofit organization has grown to become the Nation’s oldest African-American higher education assistance organization with the famous slogan A mind is a terrible thing to waste and a mission to build a robust and nationally recognized pipeline of underrepresented students who, because of UNCF support, become highly qualified college graduates, and to ensure that our current network of 37 total member historically Black colleges and universities (HBCUs) is a respected model of best practice in moving students to and through college;
 Whereas UNCF advocates on behalf of the following member HBCUs and the students they serve: Allen University, Benedict College, Bennett College, Bethune-Cookman University, Claflin University, Clark Atlanta University, Dillard University, Edward Waters College, Fisk University, Florida Memorial University, Huston-Tillotson University, Interdenominational Theological Center, Jarvis Christian College, Johnson C. Smith University, Lane College, Le Moyne-Owen College, Livingstone College, Miles College, Morehouse College, Morris College, Oakwood University, Paine College, Philander Smith College, Rust College, Saint Augustine’s University, Shaw University, Spelman College, Stillman College, Talladega College, Texas College, Tougaloo College, Tuskegee University, Virginia Union University, Voorhees College, Wilberforce University, Wiley College, and Xavier University of Louisiana; and
 Whereas UNCF has raised more than $4.8 billion benefiting more than 450,000 students and has accomplished this in the following three ways: by awarding $100 million in scholarships annually to more than 10,000 students through 400 scholarship programs, providing financial support to the 37 member HBCUs, and by serving as the Nation’s leading advocate for the importance of minority education and community engagement: Now, therefore, be it

 That the House of Representatives— (1)commemorates the 75th anniversary of the United Negro College Fund, Inc. (UNCF) since its founding in 1944;
 (2)celebrates the successes of the organization in providing support to historically Black colleges and universities (HBCUs) and providing financial aid to help underrepresented students gain access to postsecondary education; and
 (3)reaffirms the mission of UNCF to build a robust and nationally recognized pipeline of underrepresented students who become highly qualified college graduates, and to ensure that HBCUs are a respected model of best practice in moving students to and through college.


113 HR 1609 IH: Campus Fire Safety Education Act of 2013
U.S. House of Representatives
2013-04-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1609
		IN THE HOUSE OF REPRESENTATIVES

			April 17, 2013
			Mr. Pascrell (for
			 himself and Mr. King of New York)
			 introduced the following bill; which was referred to the
			 Committee on Education and the
			 Workforce

		A BILL
		To authorize the Secretary of Education to make grants to
		  support fire safety education programs on college campuses.

		1.Short titleThis Act may be cited as the
			 Campus Fire Safety Education Act of
			 2013.
		2.PurposeThe purpose of this Act is to help provide
			 fire safety education and training to students attending institutions of higher
			 education.
		3.Establishment of
			 the campus fire safety education competitive grant program
			(a)Authorization of
			 Grant ProgramFrom the amounts appropriated under section 7, the
			 Secretary, in consultation with the Administrator, shall establish a grant
			 program to award grants, on a competitive basis, to eligible entities
			 for—
				(1)initiating,
			 expanding, or improving fire safety education programs at institutions of
			 higher education; and
				(2)increasing fire
			 safety awareness among students enrolled at such institutions, including
			 students living in off-campus housing.
				(b)ApplicationTo
			 seek a grant under this Act, an eligible entity shall submit an application to
			 the Secretary at such time, in such manner, and containing such information as
			 the Secretary may require.
			(c)Selection
			 PriorityIn making grants under this Act, the Secretary shall
			 give priority to eligible entities that plan to use grant funds received under
			 this Act to initiate, expand, or improve fire safety education programs that
			 include educational material specifically prepared for students with physical,
			 sensory, or cognitive disabilities.
			(d)Grant
			 periodGrants under this Act shall be awarded for not longer than
			 a 2-year period, and may be renewed for an additional 2-year period, at the
			 Secretary’s discretion.
			(e)Grant
			 sizeThe Secretary shall ensure that grants awarded under this
			 Act are of sufficient size and scope to enable grantees to carry out all
			 required activities and otherwise meet the purpose of this Act, except that an
			 eligible entity may not be awarded more than $250,000 per fiscal year under
			 this Act.
			(f)Matching
			 requirementAn eligible
			 entity receiving a grant under this Act shall provide non-Federal matching
			 funds in an amount equal to not less than 25 percent of the costs of the
			 activities for which assistance is sought. Such non-Federal matching funds may
			 be in cash or in-kind.
			(g)Supplement not
			 supplantFunds made available under this Act shall be used to
			 supplement, not supplant, other Federal, State, or private funds that would
			 otherwise be expended to carry out fire safety education programs.
			4.Required uses of
			 funds
			(a)Required Uses of
			 FundsAn eligible entity
			 receiving a grant under this Act shall use grant funds to initiate, expand, or
			 improve a fire safety education program that—
				(1)in the case of an
			 eligible entity that is an institution of higher education, reaches, to the
			 extent practicable, all students enrolled in the institution of higher
			 education, including students living on-campus and off-campus;
				(2)is carried out in
			 a manner to ensure maximum exposure to, increased awareness of, and effectuate
			 change in behavior with respect to fire safety by students through—
					(A)conducting
			 outreach to students at a minimum of twice per academic year (at the beginning
			 of the fall and spring semesters, or the equivalent); and
					(B)measures that
			 provide fire safety information to any student upon the request of the
			 student;
					(3)includes minimum
			 instruction with respect to—
					(A)awareness of fire
			 behavior;
					(B)mechanisms of fire
			 injury and death;
					(C)common ignition
			 scenarios;
					(D)fire safety
			 systems such as automatic fire sprinklers;
					(E)fire
			 alarms;
					(F)fire
			 extinguishers;
					(G)importance of
			 means of egress;
					(H)fire prevention techniques that may prevent
			 a fire from occurring (such as candle safety, cooking safety, and smoking
			 safety); and
					(I)fire safety
			 actions to be taken if a fire occurs to minimize the potential for death,
			 injury, and property damage (such as knowing how to use a fire extinguisher,
			 how to put out a cooking fire, calling 911, and evacuating); and
					(4)includes a mechanism for carrying out the
			 evaluations described in subsection (b).
				(b)EvaluationsNot
			 later than 6 months after the end of an eligible entity’s grant period, the
			 eligible entity shall—
				(1)conduct an
			 evaluation on the effectiveness of the program carried out by the entity in
			 increasing awareness or improving fire safety behavior at such entity;
			 and
				(2)prepare and submit
			 to the Secretary a report on the results of the evaluation conducted by the
			 entity.
				5.Reports
			(a)Report to
			 CongressNot later than 12
			 months after the date of receipt of the first report submitted pursuant to
			 section 4(b)(2) and annually thereafter, the Secretary shall provide to
			 Congress a report that includes the following:
				(1)The number and
			 types of eligible entities receiving assistance under this Act.
				(2)The fire safety
			 education programs being implemented with assistance under this Act and the
			 costs of such programs.
				(3)Any other
			 information determined by the Secretary to be useful in evaluating the overall
			 effectiveness of the program established under this Act in improving the fire
			 safety knowledge of college students.
				(b)Best Practices
			 reportThe Secretary, in
			 consultation with the Administrator, shall use the information provided under
			 subsection (a) to publish a report of best practices for initiating, expanding,
			 or improving fire safety education programs that shall be made available to all
			 institutions of higher education and other interested parties.
			6.DefinitionsIn this Act:
			(1)AdministratorThe term Administrator means
			 the Administrator of the United States Fire Administration of the Federal
			 Emergency Management Agency.
			(2)Fire safety
			 education programThe term
			 fire safety education program means a program that provides fire
			 safety and prevention activities.
			(3)Institution of
			 higher educationThe term institution of higher
			 education has the meaning given to such term in section 101 of the
			 Higher Education Act of 1965 (20 U.S.C. 1001).
			(4)Eligible
			 entityThe term
			 eligible entity means an institution of higher education, or
			 consortium of institutions of higher education located in the same State, in a
			 collaborative partnership with a nonprofit organization or a public safety
			 department. Such a collaborative partnership may also include a social
			 fraternity or sorority exempt from taxation under section 501(a) of the
			 Internal Revenue Code of 1986 (26 U.S.C. 501(a)), the active membership of
			 which consists primarily of students enrolled at the institution or
			 institutions.
			(5)SecretaryThe
			 term Secretary means the Secretary of Education.
			7.Authorization of
			 AppropriationsThere are
			 authorized to be appropriated to carry out this Act $15,000,000 for each of the
			 fiscal years 2014 through 2018.


115 HR 1035 IH: Extending Justice for Sex Crime Victims Act of 2017
U.S. House of Representatives
2017-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 1035IN THE HOUSE OF REPRESENTATIVESFebruary 14, 2017Mr. Poe of Texas (for himself, Mr. Cohen, Mr. Ryan of Ohio, Mrs. Mimi Walters of California, Ms. Clark of Massachusetts, Ms. Kuster of New Hampshire, Mr. Rodney Davis of Illinois, and Mr. Moulton) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo extend the civil statute of limitations for victims of Federal sex offenses.

 1.Short titleThis Act may be cited as the Extending Justice for Sex Crime Victims Act of 2017. 2.Extension of statute of limitations for civil remedy for personal injuriesPart I of title 18, United States Code, is amended—
 (1)in section 1595(c)— (A)in the matter preceding paragraph (1), by striking the later of; and
 (B)in paragraph (1) by striking after the cause of action arose; or and inserting the following:  after the date upon which the plaintiff discovers the later of—(A)the violation that forms the basis for the claim; or (B)the injury that forms the basis for the claim; or; and
 (2)in section 2255(b), by striking filed within 10 years and all that follows through the end and inserting the following:  filed—(1)not later than 10 years after the date upon which the plaintiff discovers the later of— (A)the violation that forms the basis for the claim; or
 (B)the injury that forms the basis for the claim; or (2)in the case of a person under a legal disability, not later than 10 years after the disability ends..


113 HR 2246 IH: IDEA MOE Adjustment Act
U.S. House of Representatives
2013-06-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2246
		IN THE HOUSE OF REPRESENTATIVES

			June 4, 2013
			Mr. Ben Ray Luján of New
			 Mexico (for himself and Ms. Michelle
			 Lujan Grisham of New Mexico) introduced the following bill; which
			 was referred to the Committee on Education
			 and the Workforce

		A BILL
		To amend the Individuals with Disabilities Education Act
		  in order to limit the penalties to a State that does not meet its maintenance
		  of effort level of funding to a one-time penalty.

		1.Short titleThis Act may be cited as the
			 IDEA MOE Adjustment
			 Act.
		2.Penalty
			 limitationSection 612(a)(18)
			 of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(18)) is
			 amended—
			(1)in subparagraph
			 (B)—
				(A)by striking
			 The Secretary shall reduce the allocation of funds under section 611 for
			 any fiscal year and inserting the following:

						(i)ReductionThe
				Secretary shall reduce the allocation of funds under section 611 for 1 fiscal
				year.
						;
				and
				(2)by adding at the
			 end the following:

					(ii)Distribution of
				fundsIn any case where a State’s allocation under clause (i) is
				reduced, the Secretary shall distribute to all other States (as that term is
				defined in section 611(g)(2)) that were not subject to a reduction in
				allocation under such clause, the amount by which any State’s allocation under
				section 611(d) was reduced under such clause, in accordance with subclauses
				(II) and (III) of section 611(d)(3)(A)(i) and without regard to paragraphs
				(A)(i)(I) and (B) of section 611(d)(3).
					(iii)Use of funds
				by statesEach State that receives additional funds under clause
				(ii) shall allocate such funds to local educational agencies in accordance with
				section 611(f).
					(iv)No
				consideration for future years allocationNotwithstanding section
				611(d), in calculating the amounts for allocations under such section for
				fiscal year 2013 and all subsequent years, the Secretary, when determining the
				amount a State received under such section for a preceding fiscal year, shall
				not consider—
						(I)any amount by
				which a State’s allocation under such section for fiscal year 2012 or any
				subsequent year is reduced under clause (i); and
						(II)any amount by
				which a State’s allocation increased, pursuant to clause (ii), as a result of a
				State’s reduction in allocation for fiscal year 2012 or any subsequent
				year.
						.


II
110th CONGRESS 1st Session
S. 348
IN THE SENATE OF THE UNITED STATES

January 22, 2007
Mr. Crapo introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL
To improve the amendments made by the No Child Left Behind Act of 2001.

1.Short titleThis Act may be cited as the Improving No Child Left Behind Act.
2.ReferencesExcept as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
3.Adequate yearly progress
(a)AccountabilitySection 1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended—
(1)in subparagraph (I)(ii)—
(A)by striking 95 percent the first place the term appears and inserting 90 percent (which percentage shall be based on criteria established by the State in the State plan); and
(B)by striking 95 percent the second place the term appears and inserting 90 percent;
(2)by redesignating subparagraph (K) as subparagraph (N); and
(3)by inserting, after subparagraph (J), the following:

(K)Single count of studentsIn meeting the definition of adequate yearly progress under subparagraph (C), a student who may be counted in 2 or more groups described in subparagraph (C)(v)(II), may be counted as an equal fraction of 1 for each such group.
(L)Students with disabilities requiring alternate assessmentsNotwithstanding any other provision of this part, a State may implement the amendments made to part 200 of title 34, Code of Federal Regulations on December 9, 2003 (68 Fed. Reg. 68698) (related to achievement of students with significant cognitive disabilities) as if such amendments—
(i)permitted the proficient or advanced scores on alternate assessments of not more than 3.0 percent of all tested students to be considered as proficient or advanced, respectively, for the purposes of determining adequate yearly progress, except that—
(I)any assessment given to any such so considered student for the purposes of determining such adequate yearly progress shall be required by the individualized education program of such so considered student;
(II)the individualized education program shall reflect the need for any such alternate assessment based on the evaluation of such so considered student and the services provided such so considered student under section 614 of the Individuals with Disabilities Education Act; and
(III)the individualized education program shall include written consent from the parent of such so considered student prior to such alternate assessment being administered;
(ii)used the term students requiring alternate assessments in lieu of the term students with the most significant cognitive disabilities; and
(iii)permitted the eligibility, of such so considered students to have the students' scores of proficient or advanced on alternate assessments counted as proficient or advanced for purposes of determining adequate yearly progress, to be determined by the State educational agency, except that such eligibility shall, at a minimum, include—
(I)such so considered students who are receiving services pursuant to a plan required under section 504 of the Rehabilitation Act of 1973;
(II)the students described in subclause (I) who are assessed at a grade level below the grade level in which the students are enrolled (out of level assessments); and
(III)the students described in subclause (I) who are considered students with the most significant cognitive disabilities, as defined by the State educational agency, on the day before the date of enactment of the Improving No Child Left Behind Act.
(M)Other measures of adequate yearly progressNotwithstanding any other provision of this paragraph, a State may establish in the State plan an alternative definition of adequate yearly progress, subject to approval by the Secretary under subsection (e). Such alternative definition may—
(i)include measures of student achievement over a period of time (such as a value added accountability system) or the progress of some or all of the groups of students described in subparagraph (C)(v) to the next higher level of achievement described in subparagraph (II) or (III) of paragraph (1)(D)(ii) as a factor in determining whether a school, local educational agency, or State has made adequate yearly progress, as described in this paragraph; or
(ii)use the measures of achievement or the progress of groups described in clause (i) as the sole basis for determining whether the State, or a local educational agency or school within the State, has made adequate yearly progress, if—
(I)the primary goal of such definition is that all students in each group described in subparagraph (C)(v) meet or exceed the proficient level of academic achievement, established by the State, not later than 12 years after the end of the 2001–2002 school year; and
(II)such definition includes intermediate goals, as required under subparagraph (H). .
(b)AssessmentsSection 1111(b)(3)(C) (20 U.S.C. 6311(b)(3)(C)) is amended—
(1)in clause (ix), by striking subclause (III) and inserting the following:

(III)the inclusion of limited English proficient students, who—
(aa)may, consistent with paragraph (2)(M), be assessed, as determined by the local educational agency, through the use of an assessment which requires achievement of specific gains for up to 3 school years from the first year the student is assessed for the purposes of this subsection;
(bb)may, at the option of the State educational agency, be assessed in the first year the student attends school in the United States (not including the Commonwealth of Puerto Rico); and
(cc)shall not be included in any calculation of an adequate yearly progress determination when the student is in the first year of attendance at a school in the United States (not including the Commonwealth of Puerto Rico). ; and
(2)in clause (x), by inserting of clause (ix) after subclause (III).
(c)Regulations affecting limited English proficient children and children with disabilitiesSection 1111 (20 U.S.C. 6311) is amended by adding at the end the following:

(n)Codification of regulations affecting limited English proficient childrenNotwithstanding any other provision of this part, this part shall be implemented consistent with the amendments proposed to part 200 of title 34 of the Code of Federal Regulations on June 24, 2004 (69 Fed. Reg. 35462) (relating to the assessment of limited English proficient children and the inclusion of limited English proficient children in subgroups) as if such amendments permitted students who were previously identified as limited English proficient to be included in the group described in subsection (b)(2)(C)(v)(II)(dd) for 3 additional years, as determined by a local educational agency (based on the individual needs of a child) for the purposes of determining adequate yearly progress. .
4.School improvement and public school choiceSection 1116(b) (20 U.S.C. 6316(b)) is amended—
(1)in paragraph (1)—
(A)in subparagraph (A), by inserting (in the same subject for the same group of students, as described in section 1111(b)(2)(C)(v)) after 2 consecutive years;
(B)in subparagraph (E)(i)—
(i)by striking In the case and inserting Except as provided in subparagraph (G), in the case; and
(ii)by striking all students enrolled in the school with the option to transfer to another public school and inserting students who failed to meet the proficient level of achievement on the assessments described in section 1111(b)(3), are enrolled in the school, and are in the group whose academic performance caused the identification under this paragraph, with the option to transfer to one other public school identified by and ; and
(C)by adding at the end the following:

(G)OptionsA local educational agency may offer supplemental educational services as described in subsection (e) in place of the option to transfer to another public school described in subparagraph (E), for the first school year a school is identified for improvement under this paragraph. ;
(2)in the matter preceding subparagraph (A) of paragraph (5), by inserting (in the same subject for the same group of students) after adequate yearly progress; and
(3)in the matter preceding clause (i) of paragraph (7)(C), by inserting (in the same subject for the same group of students) after adequate yearly progress.


		IB
		Union Calendar No. 397
		111th CONGRESS
		2d Session
		H. R. 3290
		[Report No.
		  111–667]
		IN THE HOUSE OF
		  REPRESENTATIVES

			July 22, 2009
			Mrs. Maloney (for
			 herself, Mr. King of New York,
			 Mr. Nadler of New York,
			 Mr. Weiner,
			 Mr. Ackerman,
			 Mr. Engel,
			 Mr. Israel,
			 Ms. Clarke,
			 Mr. Sires,
			 Mr. Holt, and
			 Mr. Grijalva) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary

			November 30, 2010
			Additional sponsor: Mr. Polis
			 of Colorado

			November 30, 2010
			Committed to the Committee of the Whole House on the State
			 of the Union and ordered to be printed

		A BILL
		To provide the spouses and children of
		  aliens who perished in the September 11 terrorist attacks an opportunity to
		  adjust their status to that of an alien lawfully admitted for permanent
		  residence.

		1.Short titleThis Act may be cited as the
			 September 11 Family Humanitarian
			 Relief and Patriotism Act of 2009.
		2.Adjustment of
			 status for certain victims of terrorism
			(a)Adjustment of
			 statusThe status of any
			 alien described in subsection (b) may be adjusted by the Secretary of Homeland
			 Security to that of an alien lawfully admitted for permanent residence, if the
			 alien—
				(1)applies for such adjustment not later than
			 1 year after the date of the enactment of this Act;
				(2)is not inadmissible to the United States
			 under paragraph (2) or (3) of section 212(a) of the Immigration and Nationality
			 Act (8 U.S.C. 1182(a)), or deportable under paragraph (2) or (4) of section
			 237(a) of such Act (8 U.S.C. 1227(a)); and
				(3)not later than the date on which the
			 application under paragraph (1) is submitted, satisfies any applicable Federal
			 tax liability by establishing that—
					(A)no such tax
			 liability exists; or
					(B)all outstanding
			 liabilities have been paid.
					(b)Aliens eligible
			 for adjustment of status
				(1)In
			 generalThe benefit provided by subsection (a) shall apply to any
			 alien who—
					(A)was, on September
			 10, 2001, the spouse, child, unmarried son, or unmarried daughter of an alien
			 who died as a direct result of the terrorist activity conducted against the
			 United States on September 11, 2001;
					(B)was deemed to be a beneficiary of, and by,
			 the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101);
			 and
					(C)made a proffer of information to the
			 Secretary of Homeland Security between April 24, 2008, and August 15, 2008, in
			 connection with a request for immigration relief.
					(2)ExceptionAn alien shall not be provided any benefit
			 under this section if the Secretary of Homeland Security determines that the
			 alien has willfully made a material misrepresentation or material omission in
			 the proffer of information described in paragraph (1)(C).
				(c)Work
			 authorizationThe Secretary
			 of Homeland Security may authorize an alien who has applied for adjustment of
			 status under subsection (a) to engage in employment in the United States during
			 the pendency of such application.
			(d)ConstructionNothing in this section shall be construed
			 to limit the existing authority of the Secretary of Homeland Security on the
			 date of the enactment of this Act to require any form or other submission of
			 information or to perform any background or security check for the purpose of
			 determining the admissibility, or eligibility under this section, of any
			 alien.
			(e)Waiver of
			 regulationsThe Secretary of
			 Homeland Security shall issue guidance to carry out this section not later than
			 6 months after the date of the enactment of this Act, but is not required to
			 promulgate regulations prior to implementing this section.
			(f)No offset in
			 number of visas availableWhen an alien is granted the status of
			 having been lawfully admitted for permanent residence under this section, the
			 Secretary of State shall not be required to reduce the number of immigrant
			 visas authorized to be issued under the Immigration and Nationality Act (8
			 U.S.C. 1101 et seq.).
			(g)DefinitionsFor
			 purposes of this section:
				(1)The term applicable Federal tax
			 liability means liability for Federal taxes, including penalties and
			 interest, owed for any year for which the statutory period for assessment of
			 any deficiency for such taxes has not expired.
				(2)Except as otherwise specifically provided
			 in this section, the definitions used in the Immigration and Nationality Act (8
			 U.S.C. 1101 et seq.) (excluding the definitions applicable exclusively to title
			 III of such Act) shall apply in the administration of this section.

		November 30, 2010
		Committed to the Committee of the Whole House on the State
		  of the Union and ordered to be printed


117 HR 3735 IH: E-Filing Standards Improvement Act
U.S. House of Representatives
2021-06-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 3735IN THE HOUSE OF REPRESENTATIVESJune 4, 2021Mr. Vela introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide electronic filing receipts to taxpayers who file tax returns via electronic filing process, and for other purposes.1.Short titleThis Act may be cited as the E-Filing Standards Improvement Act.2.Electronic filing requirements amended to include receipts, rejection explanations(a)In generalSection 6011(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3)The Secretary shall promote the use of electronically filed returns by requiring that all taxpayers submitting returns of tax via electronic filing process shall be issued an e-filing receipt via the taxpayer’s chosen method of correspondence which shall indicate the acceptance or rejection of a return, and if such return is rejected—(A)such receipt shall provide information about the steps necessary to resolve the issue causing such rejection, (B)the taxpayer shall be allowed 15 business days to correct and re-submit such return, and (C)if such return is not re-submitted within 15 business days, such return shall be treated as a paper return. .(b)Conforming amendmentSection 6651 of such Code is amended by adding at the end the following new paragraph: (k)Treatment of returns granted extension or treated as paper returns under section 6011(f)In the case of a return granted a 15 business day extension or treated as a paper return under section 6011(f), such return shall be treated as timely filed by the taxpayer and not subject to the addition to the tax under subsection (a). .(c)Effective dateThe amendments made by this section shall apply to returns of tax submitted filing via electronic filing process after the date of the enactment of this Act.


115 SRES 704 ATS: Expressing support for the goals of National Adoption Day and National Adoption Month by promoting national awareness of adoption and the children awaiting families, celebrating children and families involved in adoption, and encouraging the people of the United States to secure safety, permanency, and well-being for all children.
U.S. Senate
2018-11-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

III115th CONGRESS2d SessionS. RES. 704IN THE SENATE OF THE UNITED STATESNovember 26, 2018Mr. Blunt (for himself, Ms. Klobuchar, Mr. Tillis, Mr. Enzi, Mr. Grassley, Mr. Risch, Mr. Lankford, Mr. Inhofe, Mr. Roberts, Mr. Scott, Mr. Van Hollen, Mr. Jones, Ms. Hassan, Ms. Baldwin, Mr. Manchin, Mrs. Feinstein, Mr. Bennet, Mr. Brown, Mr. Booker, Ms. Smith, Mr. King, Mr. Casey, Ms. Hirono, Mr. Markey, Mr. Daines, Mr. Rubio, Mr. Boozman, and Mrs. Murray) submitted the following resolution; which was considered and agreed toRESOLUTIONExpressing support for the goals of National Adoption Day and National Adoption Month by promoting
			 national awareness of adoption and the children awaiting families,
			 celebrating children and families involved in adoption, and encouraging
			 the people of the United States to secure safety, permanency, and
			 well-being for all children.

 Whereas there are millions of unparented children in the world, including 437,465 children in the foster care system in the United States, approximately 117,794 of whom are waiting for families to adopt them;
 Whereas 64 percent of the children in foster care in the United States are age 10 or younger; Whereas the average length of time a child spends in foster care is approximately 20 months;
 Whereas, for many foster children, the wait for a loving family in which the children are nurtured, comforted, and protected seems endless;
 Whereas, in 2016, 20,532 youth aged out of foster care by reaching adulthood without being placed in a permanent home; Whereas, every day, loving and nurturing families are strengthened and expanded when committed and dedicated individuals make an important difference in the life of a child through adoption;
 Whereas, while nearly a quarter of individuals in the United States have considered adoption, a majority of individuals in the United States have misperceptions about the process of adopting children from foster care and the children who are eligible for adoption;
 Whereas 46 percent of individuals in the United States believe that children enter the foster care system because of juvenile delinquency, when in reality the vast majority of children who have entered the foster care system were victims of neglect, abandonment, or abuse;
 Whereas 39 percent of individuals in the United States believe that foster care adoption is expensive, when in reality there is no substantial cost for adopting from foster care and financial support is available to adoptive parents after an adoption is finalized;
 Whereas family reunification, kinship care, and domestic and intercountry adoption promote permanency and stability to a far greater degree than long-term institutionalization or long-term, often disrupted, foster care;
 Whereas November is National Adoption Month, and National Adoption Day occurs in November; Whereas National Adoption Day is a collective national effort to find permanent, loving families for children in the foster care system;
 Whereas, since the first National Adoption Day in 2000, more than 70,000 children have joined permanent families on National Adoption Day; and
 Whereas the President traditionally issues an annual proclamation to declare the month of November as National Adoption Month, and National Adoption Day is on November 17, 2018: Now, therefore, be it

 That the Senate— (1)supports the goals and ideals of National Adoption Day and National Adoption Month;
 (2)recognizes that every child should have a permanent and loving family; and (3)encourages the people of the United States to consider adoption during the month of November and throughout the year.


117 HR 3011 IH: Holding Chinese Military Companies Accountable Act
U.S. House of Representatives
2021-05-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 3011IN THE HOUSE OF REPRESENTATIVESMay 7, 2021Mr. Banks (for himself, Mr. Steube, and Mr. Wilson of South Carolina) introduced the following bill; which was referred to the Committee on Foreign AffairsA BILLTo modify the definition of a communist Chinese military company for purposes of the imposition of certain sanctions, and for other purposes.1.Short titleThis Act may be cited as the Holding Chinese Military Companies Accountable Act.2.Modifications to applications of IEEPA authorities to communist Chinese military companiesSection 1237(b)(4)(B) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note) is amended—(1)by striking clause (ii);(2)in the matter preceding clause (i), by striking that— and inserting that is engaged in providing commercial services, manufacturing, producing, or exporting and—;(3)in clause (i), by striking ; and and inserting ; or; and(4)by adding at the end the following new clause:(ii)(I)is owned or controlled by, or affiliated with, the Chinese Communist Party or any person who has ever been a delegate of a National People’s Congress of the Chinese Communist Party; and(II)is engaged in significant investment in the sectors of fifth-generation wireless communications, artificial intelligence, advanced computing, big data analytics, autonomy, robotics, directed energy, hypersonics, or biotechnology..3.Extension of authorityNotwithstanding section 1061(i)(6) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 111 note), the submission required by subsection (b) of section 1237 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999—(1)shall not terminate on December 31, 2021; and(2)shall continue in effect until December 31, 2026.


113 S433 IS: Center to Advance, Monitor, and Preserve University Security Safety Act of 2013
U.S. Senate
2013-02-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 433
		IN THE SENATE OF THE UNITED STATES

			February 28, 2013
			Mr. Warner (for himself
			 and Mr. Kirk) introduced the following
			 bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To establish and operate a National Center for Campus
		  Public Safety.

		1.Short titleThis Act may be cited as the
			 Center to Advance, Monitor, and
			 Preserve University Security Safety Act of 2013 or the
			 CAMPUS Safety Act of
			 2013.
		2.National Center
			 for Campus Public SafetySubpart 1 of part E of title I of the
			 Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) is
			 amended—
			(1)in section 501 (42 U.S.C. 3751)—
				(A)in subsection (a)(1)—
					(i)in
			 the matter preceding subparagraph (A), by inserting or purposes
			 after one or more of the following programs; and
					(ii)by adding at the end the following:

							(H)Making subawards
				to institutions of higher education and other nonprofit organizations to assist
				the National Center for Campus Public Safety in carrying out the functions of
				the Center required under section
				509(b).
							;
				and
					(B)in subsection
			 (b)—
					(i)in
			 paragraph (1), by striking or at the end;
					(ii)in
			 paragraph (2), by striking the period and inserting ; or;
			 and
					(iii)by adding at
			 the end the following:

							(3)institutions of
				higher education and other nonprofit organizations, for purposes of carrying
				out section 509.
							;
				and
					(2)by adding at the
			 end the following:

					509.National Center
				for Campus Public Safety
						(a)Definition of
				institution of higher educationIn this section, the term
				institution of higher education has the meaning given the term in
				section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
						(b)Authority To
				establish and operate CenterThe Attorney General may establish
				and operate a National Center for Campus Public Safety (referred to in this
				section as the Center).
						(c)Functions of the
				CenterThe Center shall—
							(1)provide quality
				education and training for public safety personnel of institutions of higher
				education and their collaborative partners, including campus mental health
				agencies;
							(2)foster quality
				research to strengthen the safety and security of institutions of higher
				education;
							(3)serve as a
				clearinghouse for the identification and dissemination of information,
				policies, protocols, procedures, and best practices relevant to campus public
				safety, including off-campus housing safety, the prevention of violence against
				persons and property, and emergency response and evacuation procedures;
							(4)coordinate with
				the Secretary of Homeland Security, the Secretary of Education, State, local
				and tribal governments and law enforcement agencies, private and nonprofit
				organizations and associations, and other stakeholders, to develop protocols
				and best practices to prevent, protect against and respond to dangerous and
				violent situations involving an immediate threat to the safety of the campus
				community;
							(5)promote the
				development and dissemination of effective behavioral threat assessment and
				management models to prevent campus violence;
							(6)identify campus
				safety information (including ways to increase off-campus housing safety) and
				identify resources available from the Department of Justice, the Department of
				Homeland Security, the Department of Education, State, local, and tribal
				governments and law enforcement agencies, and private and nonprofit
				organizations and associations;
							(7)promote
				cooperation, collaboration, and consistency in prevention, response, and
				problem-solving methods among public safety and emergency management personnel
				of institutions of higher education and their campus- and non-campus-based
				collaborative partners, including law enforcement, emergency management, mental
				health services, and other relevant agencies;
							(8)disseminate
				standardized formats and models for mutual aid agreements and memoranda of
				understanding between campus security agencies and other public safety
				organizations and mental health agencies; and
							(9)report annually to
				Congress on activities performed by the Center during the previous 12
				months.
							(d)Coordination
				with available resourcesIn
				establishing the Center, the Attorney General shall—
							(1)coordinate with
				the Secretary of Homeland Security, the Secretary of Education, and appropriate
				State or territory officials;
							(2)ensure
				coordination with campus public safety resources within the Department of
				Homeland Security, including within the Federal Emergency Management Agency,
				and the Department of Education; and
							(3)coordinate within
				the Department of Justice and existing grant programs to ensure against
				duplication with the program authorized by this section.
							(e)Reporting and
				accountabilityAt the end of each fiscal year, the Attorney
				General shall—
							(1)issue a report
				that assesses the impacts, outcomes and effectiveness of the grants distributed
				to carry out this section;
							(2)in compiling such
				report, assess instances of duplicative activity, if any, performed through
				grants distributed to carry out this section and other grant programs
				maintained by the Department of Justice, the Department of Education, and the
				Department of Homeland Security; and
							(3)make such report
				available on the Department of Justice website and submit such report to the
				Senate and House Judiciary Committees and the Senate and House Appropriations
				Committees.
							.
			3.Rule of
			 constructionNothing in this
			 Act or the amendments made by this Act shall preclude public elementary and
			 secondary schools or their larger governing agencies from receiving the
			 informational and training benefits of the National Center for Campus Public
			 Safety authorized under section 509 of the Omnibus Crime Control and Safe
			 Streets Act of 1968, as added by this Act.


110 HR 6508 IH: Special Criminal Contempt of Congress Procedures Act of 2008
U.S. House of Representatives
2008-07-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS 2d Session
H. R. 6508
IN THE HOUSE OF REPRESENTATIVES

July 16, 2008
Mr. Miller of North Carolina (for himself, Mr. Conyers, Mr. Nadler, Ms. Linda T. Sánchez of California, and Mr. Price of North Carolina) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To provide an alternate procedure for the prosecution of certain criminal contempts referred for prosecution by the House of Representatives, and for other purposes.

1.Short titleThis Act may be cited as the Special Criminal Contempt of Congress Procedures Act of 2008.
2.Alternate procedure
(a)Scope of applicationIf the House of Representatives finds an officer or employee of the Executive branch, or a former officer or employee of the Executive branch has violated section 102 of the Revised Statutes of the United States (2 U.S.C. 192), the procedures of this Act apply in lieu of the procedures set forth in section 104 of the Revised Statutes of the United States (2 U.S.C. 194).
(b)Certification by SpeakerUpon the finding by the House of Representatives of a violation to which this Act applies, the Speaker shall certify that finding to the Attorney General for presentation to a grand jury and to the Special Division of the Court created by this Act.
(c)Circumstances leading to appointment of special advocateIf—
(1)the Attorney General informs the Special Division of the Court that the Deparment of Justice will not present the matter to a grand jury because political or institutional considerations create a conflict that would prevent redress to an affront to the authority of the House through presentment or prosecution by the Department of Justice;
(2)the Attorney General informs the Special Division of the Court that the Department of Justice will not present the matter to a grand jury for any other reason; or
(3)by the end of the 30th day after the date of receipt of a certification under subsection (b) the Attorney General has not presented the matter to a grand jury; the Special Division of the Court shall appoint a special advocate under section 3.
3.Appointment, qualifications, and prosecutorial jurisdiction of special advocate, and administrative matters relating to the special advocate
(a)Appointment, qualifications, and prosecutorial jurisdiction of special advocate
(1)Appointment and qualificationsThe Special Division of the Court shall appoint the special advocate, who must be an attorney in good standing with substantial prosecutorial experience who has not served in any capacity in the administration of the President who is or was in office when the Speaker of the House certified the finding of a violation.
(2)Prosecutorial jurisdictionThe Special Division of the Court shall define the special advocate’s prosecutorial jurisdiction as comprising the investigation and prosecution of the alleged violation and any perjury, false statement, and any obstruction of justice occurring during and in relation to such investigation and prosecution.
(b)Authority of special advocate with respect to matters within prosecutorial jurisdictionWith respect to all matters in that special advocate's prosecutorial jurisdiction, a special advocate appointed under this Act shall have full power and independent authority to exercise all prosecutorial functions and powers, and any other functions and powers normally ancillary thereto, of the Department of Justice, the Attorney General, and any other officer or employee of the Department of Justice, except that the Attorney General shall exercise direction or control as to those matters that specifically require the Attorney General's personal action under section 2516 of title 18, United States Code.
(c)SalaryThe special advocate shall receive a salary equivalent to the salary of the United States Attorney for the District of Columbia.
(d)StaffThe special advocate may appoint and fix the salaries of such staff, not to exceed 12 in number, as the special advocate deems necessary to carry out the functions of the special advocate under this Act. However, no salary of a member of such staff may exceed the salary of the special advocate.
(e)ExpensesThe Department of Justice shall pay all costs relating to the establishment and operation of any office of special advocate. The Attorney General shall submit to the Congress, not later than 30 days after the end of each fiscal year, a report on amounts paid during that fiscal year for expenses of investigations and prosecutions the special advocate.
(f)Report to CongressEach special advocate shall report to Congress annually on the special advocate’s activities under this Act. The report shall include a description of the progress of any investigation or prosecution conducted by the special advocate and provide information justifying the costs of the activities reported on.
4.Special Division of the Court
(a)DesignationThe Chief Justice shall designate three judges or justices of the United States, one of whom shall be an active judge of the United States Court of Appeals for the District of Columbia, to be the Special Division of the Court for the purposes of this Act. The Chief Justice shall make the first such designation not later than 45 days after the date of the enactment of this Act.
(b)Special Division To Be a division within the United States Court of Appeals for the District of Columbia CircuitThe Special Division of the Court shall be a division within the United States Court of Appeals for the District of Columbia Circuit.
(c)Length of designationEach designation to the Special Division of the Court shall be for a term of 2 years, but the Chief Justice may fill any vacancy arising before the end of a term for the remainder of that term.
(d)Priority To Be given to senior circuit judges and retired justices of the United States Supreme CourtIn designating judges and justices to serve on the Special Division of the Court, the Chief Justice shall give priority to senior circuit judges and retired justices of the United States Supreme Court.
(e)Variety of courts To Be representedNot more than one person may be designated to such division from a particular court.
5.Removal of special advocate
(a)In generalA special advocate may be removed from office, other than by impeachment and conviction, only by the personal action of the Attorney General, and only for good cause, physical or mental disability, or any other condition that impairs the performance of that special advocate’s duties.
(b)Report upon removalIf a special advocate is removed from office, the Attorney General shall promptly submit to the Special Division of the Court and the Congress a report specifying the facts found and the ultimate grounds for the removal.
(c)Judicial review of removalA special advocate removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia. A member of the Special Division of the Court may not hear or determine any such civil action or any appeal of a decision in any such civil action. The special advocate may be reinstated or granted other appropriate relief by order of the court.
6.Termination of special advocate’s authority
(a)In generalThe authority of the special advocate shall cease two years after the date of the special advocates appointment, but the Special Division of the Court may extend that authority for an additional period not to exceed one year, if the court finds good cause to do so. Good cause to do so includes that the investigation or prosecution undertaken by the special advocate has been delayed by dilatory tactics by persons who could provide evidence that would significantly assist the investigation or prosecution, and also includes the need to allow the special advocate to participate in any appellate proceedings related to prosecutions engaged in by the special advocate.
(b)Termination by special division of the courtThe Special Division of the court, either on its own motion or upon the request of the Attorney General, may terminate an office of special advocate at any time, on the ground that the investigation of all matters within the prosecutorial jurisdiction of such special advocate, and any resulting prosecutions, have been completed or so substantially completed that it would be appropriate for the Department of Justice to complete such investigations and prosecutions.
7.Effective dateThis Act takes effect on January 20, 2009.


		I
		112th CONGRESS
		2d Session
		H. R. 5456
		IN THE HOUSE OF REPRESENTATIVES

			May 7, 2012
			Mr. Murphy of
			 Pennsylvania introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on methylated and
		  butylated melamine-formaldehyde polymer.

		1.Methylated and butylated
			 melamine-formaldehyde polymer
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Methylated and butylated melamine-formaldehyde polymer (CAS No.
						68036–97–5) (provided for in subheading 3909.20.00)FreeNo
						changeNo changeOn or before 12/31/2015

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